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ATL three to sue ...but not yet sure whom

Thursday, June 05, 2014    

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THE three former ATL executives acquitted Tuesday of fraud in the Corporate Area Resident Magistrate's Court have instructed their attorneys to sue on their behalf for the alleged damage to their reputation resulting from the case.

But who will be the target of their lawsuits was unknown yesterday and is to await a review by the attorneys who defended the three in the more than year-long case.

Attorney John Junor, who assisted K D Knight, QC, announced the decision to sue at a press conference at the law offices of Knight, Junor & Samuels in downtown Kingston, saying: "We will be doing everything in our power to address this wrong in the civil court."

Junor told reporters that Patrick Lynch, the former chairman of the ATL Group Pension Scheme; Catherine Barber, the former general manager of the fund; and Dr Jeffery Pyne, former managing director of Gorstew Ltd had given instructions for lawsuits to be filed on their behalf.

But responding to questions about who exactly would be named as defendants, Queen's Counsel KD Knight said he wasn't certain at this point as he would have to first do a review before making a determination.

In fact, the attorney said that his review would also look at whether it is possible to sue.

The defence team repeated their earlier criticisms of the police, the Office of the Director of Public Prosecutions, the Jamaica Observer, and Gordon 'Butch' Stewart, chairman of Gorstew, which brought the complaints against the former executives.

All three, who were present at the press briefing, were arrested in December 2010 and placed on trial in relation to the distribution of surplus from the ATL pension fund for which they did not receive consent from Gorstew.

In freeing the accused on Tuesday, Senior Magistrate Lorna Shelly-Williams ruled that consent had not been given, but said the prosecution hadn't proven its case of dishonesty against the three.

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