Court To Hear Challenge Against Judge

The Court of Appeal will today hear a challenge of Senior Justice Anita Allen's refusal to step down from a civil case involving Israeli brothers Rami and Amir Weissfisch.

Justice Allen last month refused to step down from the case after she voiced concerns about the integrity of a forensic report prepared by Daniel Ferguson.

Ferguson is reportedly the brother of a close female friend of Senior Justice John Lyons, who appointed him to prepare the report.

Lyons, who originally had carriage of the matter, stepped down from the case in September 2008, claiming that he was too busy. The case was then transferred to Justice Allen.

While before Justice Allen, lawyers for Amir Weissfisch claimed that the appointment of Ferguson, whose sister is a close friend of Justice Lyons, created a conflict of interest.

During cross-examination in the case before Justice Allen, Ferguson admitted that he had no experience in forensic accounting. He said he worked an average of 50 hours a week, which amounted to $50,000 a week or $2.5 million a year.

Justice Allen said in her ruling on the recusal application that she had "serious concerns about the appointment of the accountant and, as a consequence, the integrity of the report."

Justice Allen determined that Ferguson's report was not "sufficiently thorough and complete to provide much assistance to the court".

Originally published in The Nassau Guardian, 20 April 2009.