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'Bank putting my life at risk'
Clarke wants to prevent Scotia from removing 24-hour security detail
BY PAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com
Wednesday, July 01, 2009
The ongoing legal row between William 'Bill' Clarke and the Bank of Nova Scotia (BNS) has grown more hostile with Clarke accusing the Canada-based bank of trying to "embarrass and humiliate" him with strategies he claims are putting his "personal security and life in jeopardy".
In an affidavit filed with the Court of Appeal on June 24, Clarke said that his life would be at risk should the bank be allowed to carry out its threats of removing the 24-hour security detail from the upper St Andrew home that it owns but which he has occupied for the past 13 years in his capacity as president and chief executive officer of Scotiabank Jamaica.
Clarke further stated that plans by BNS to withdraw the services of two housekeepers and one of two gardeners were done in a manner designed to "embarrass and humiliate me".
"It is inherent, not only in the respondent's undertaking of January 5, 2009, but also in the order of the court made on the 4th of June 2009 that the respondent [BNS] will not undertake any act that will materially affect the position of the appellant [Clarke] in relation to the properties," Clarke said in his affidavit.
"... by removing the security detail assigned to the properties, the respondent is not only placing the properties in peril but is also placing my personal security and my life in jeopardy," Clarke charged.
Clarke said that BNS was well aware that personal safety was a concern for executives of established banks, who have been blamed for the recent collapse of several of the island's informal investment schemes.
Clarke's affidavit forms part of a request to the court for a ruling that would prevent the bank from going ahead with the plans, of which Clarke was informed on June 16 by way of a letter from Bruce Bowen, BNS's current president and chief executive officer.
The security guards were set to be pulled today and the services of the housekeepers and gardener were to be terminated yesterday. However, the Court of Appeal yesterday - at the day's end of an appeal by Clarke against a Supreme Court ruling regarding his dispute with BNS over his retirement package - made an interim order, barring the bank from carrying out its plans. That appeal continues today.
Clarke went on early retirement from the bank effective November 1, 2008 after 40 years, but later took legal action against the institution after negotiations about a possible retirement package broke down.
The Supreme Court refused his application for the impasse over the retirement package to be sent to arbitration and ruled that Clarke vacate the Scotia-owned home. The court also ruled that Clarke return the two high-end motor vehicles belonging to Scotia.
Clarke, however, appealed the decision and got a stay of execution allowing him to keep the vehicles and remain in the house.
In opposition to Clarke's affidavit on June 24, attorney Hyacinth Lightbourne of the law firm DunnCox, said that there was no ruling by the court compelling the bank to provide Clarke with security, housekeepers or gardeners.
Furthermore, Lightbourne said in an affidavit on behalf of BNS, Clarke's personal security was his own responsibility.
"The [court] made no order that the respondent should continue to provide housekeepers, gardeners or security and it would be unreasonable to infer such an obligation on the respondent in the judge's order," Lightbourne said. "The respondent is under no obligation, legal or otherwise, to pay expenses incurred by the appellant for his own personal use and enjoyment."
Lightbourne's affidavit showed that between November 1, 2008 when Clarke retired and June 29, BNS spent a total of $5,392,200 on security, housekeepers and gardeners.
According to Lightbourne's affidavit, the bank, between November 1 and June 29, spent a total of $3,988,760 for four full-time security guards. For the two housekeepers, one being an 'executive housekeeper', the bank spent $918,104; and the two full-time gardeners cost the bank $60,667 monthly for a total cost of $485,336.
In his letter to Clarke on June 16, Bowen wrote: "While the agreement between ourselves and the court is that you will be entitled to remain in the house, pending the outcome of certain matter before the court, we are no longer in a position to pay for personal expenses incurred by you other than those specifically related to maintenance or upkeep of the house."
Clarke wants to prevent Scotia from removing 24-hour security detail
BY PAUL HENRY, Observer staff reporter henryp@jamaicaobserver.com
Wednesday, July 01, 2009
The ongoing legal row between William 'Bill' Clarke and the Bank of Nova Scotia (BNS) has grown more hostile with Clarke accusing the Canada-based bank of trying to "embarrass and humiliate" him with strategies he claims are putting his "personal security and life in jeopardy".
In an affidavit filed with the Court of Appeal on June 24, Clarke said that his life would be at risk should the bank be allowed to carry out its threats of removing the 24-hour security detail from the upper St Andrew home that it owns but which he has occupied for the past 13 years in his capacity as president and chief executive officer of Scotiabank Jamaica.
Clarke further stated that plans by BNS to withdraw the services of two housekeepers and one of two gardeners were done in a manner designed to "embarrass and humiliate me".
"It is inherent, not only in the respondent's undertaking of January 5, 2009, but also in the order of the court made on the 4th of June 2009 that the respondent [BNS] will not undertake any act that will materially affect the position of the appellant [Clarke] in relation to the properties," Clarke said in his affidavit.
"... by removing the security detail assigned to the properties, the respondent is not only placing the properties in peril but is also placing my personal security and my life in jeopardy," Clarke charged.
Clarke said that BNS was well aware that personal safety was a concern for executives of established banks, who have been blamed for the recent collapse of several of the island's informal investment schemes.
Clarke's affidavit forms part of a request to the court for a ruling that would prevent the bank from going ahead with the plans, of which Clarke was informed on June 16 by way of a letter from Bruce Bowen, BNS's current president and chief executive officer.
The security guards were set to be pulled today and the services of the housekeepers and gardener were to be terminated yesterday. However, the Court of Appeal yesterday - at the day's end of an appeal by Clarke against a Supreme Court ruling regarding his dispute with BNS over his retirement package - made an interim order, barring the bank from carrying out its plans. That appeal continues today.
Clarke went on early retirement from the bank effective November 1, 2008 after 40 years, but later took legal action against the institution after negotiations about a possible retirement package broke down.
The Supreme Court refused his application for the impasse over the retirement package to be sent to arbitration and ruled that Clarke vacate the Scotia-owned home. The court also ruled that Clarke return the two high-end motor vehicles belonging to Scotia.
Clarke, however, appealed the decision and got a stay of execution allowing him to keep the vehicles and remain in the house.
In opposition to Clarke's affidavit on June 24, attorney Hyacinth Lightbourne of the law firm DunnCox, said that there was no ruling by the court compelling the bank to provide Clarke with security, housekeepers or gardeners.
Furthermore, Lightbourne said in an affidavit on behalf of BNS, Clarke's personal security was his own responsibility.
"The [court] made no order that the respondent should continue to provide housekeepers, gardeners or security and it would be unreasonable to infer such an obligation on the respondent in the judge's order," Lightbourne said. "The respondent is under no obligation, legal or otherwise, to pay expenses incurred by the appellant for his own personal use and enjoyment."
Lightbourne's affidavit showed that between November 1, 2008 when Clarke retired and June 29, BNS spent a total of $5,392,200 on security, housekeepers and gardeners.
According to Lightbourne's affidavit, the bank, between November 1 and June 29, spent a total of $3,988,760 for four full-time security guards. For the two housekeepers, one being an 'executive housekeeper', the bank spent $918,104; and the two full-time gardeners cost the bank $60,667 monthly for a total cost of $485,336.
In his letter to Clarke on June 16, Bowen wrote: "While the agreement between ourselves and the court is that you will be entitled to remain in the house, pending the outcome of certain matter before the court, we are no longer in a position to pay for personal expenses incurred by you other than those specifically related to maintenance or upkeep of the house."
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CLARKE. I am being ruined economically
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