The Tribune

STATE Minister for Legal Affairs Damian Gomez is “puzzled and offended” by allegations that he has misappropriated nearly a million dollars from a former client.

Denying that he owes Atain Takitota any money, Mr Gomez said while he has yet to see the writ alleging he retained $999,331 that belongs to Mr Takitota, he is both “puzzled” and “offended” by the claims.

Speaking with The Tribune yesterday, he said: “I categorically deny that I owe him any money or have received money that I have not accounted to him for, I find it amazing that it could even be suggested.

“Whatever I have received from the government I have accounted to him, I have paid over to him what was due to him and paid other persons on his instructions and in accordance with the agreement we had, I paid myself – I am somewhat puzzled by this allegation.”

Atain Takitota, a Japanese expatriate who successfully sued the Government of the Bahamas for being falsely imprisoned for eight years, is now suing Minister of State for Legal Affair Damien Gomez, who he claims without his permission has retained $999,331 that belongs to him.

According to the writ filed in the Supreme Court last week, Mr Takitota is claiming that while acting on his behalf in a private capacity Mr Gomez collected some $1,516,302 that was awarded to him by the Supreme Court, the Court of Appeal and the Privy Council.

However, Mr Takitota claims he only received two payments totalling $517,000 from Mr Gomez.

Further, he is also alleging that he is owed $600,000 from the Legal Affairs Minister, who received cheques from Treasurer Eugenia Cartwright on his behalf.

Describing the allegations as “frivolous”, Mr Gomez said he is not taking the claims lightly and will be dealing with the various allegations.

Opposition Leader Hubert Minnis said the FNM will be looking into the matter and monitoring any progress.

Dr Minnis said: "We have to monitor the situation and do our investigations, when we have done that, then we'll move forward with the next step."

In addition, Mr Takitota is claiming Mr Gomez did not charge him a “fair and reasonable” fee for legal services and that he retained $500,000 for services rendered without his permission.

Takitota is seeking a Mareva injunction or freezing order from the court to prevent any movement of the funds.

Arriving in the Bahamas from Osaka, Japan, in August 1992, Mr Takitota was granted permission to remain in the country for one week.

During the same month, after losing all of his money and documentation, he was arrested on Paradise Island for vagrancy and detained at Fox Hill prison until October 2000, without being charged or tried.

Once released Mr Takitota successfully sued the government and was awarded $1,000 for his unlawful detention. Following an appeal to the Court of Appeal in 2006 and the Privy Council in 2009, it was determined that his compensation was insufficient and the Court of Appeal was ordered to increase the amount to reflect his eight years in prison and the suffering and damage that was caused.

In 2009, the Court of Appeal increased compensatory damages to $500,000 and kept exemplary damages to $100,000. A 10 per cent interest per year on the eight years Mr Takitota spent in custody was also awarded by the court.