Bar Association Head in court for allegedly misappropriating funds

Feb 11, 2017 News

President of the Guyana Bar Association, Gem Sandford-Johnson, is currently before the High Court as a writ has been filed requesting that she pay outstanding money from the sale of property to Elsa Eileen Harper amounting to

Bar Association President, Gem Sandford-Johnson

$32.5M.
Harper’s estate is being represented by Eileen O’Brien and Jesse Stein, of the United States as the plaintiffs through local Attorney-at-Law Ronald Burch Smith.
O’Brien and Stein are attorneys-at-law practising in the State of Maryland, United States of America and have been appointed co-guardians of Harper by an Order of the Circuit Court for Montgomery County in the said State.
They were also appointed the committee or next friend of Harper by an order made by Chief Justice, Yonette Cummings-Edwards.
According to the statement of claim Harper had suffered a stroke and became incapacitated. As a result, Sandford-Johnson was instructed by Harper to sell immovable property owned by her at 246 Forshaw Street, Queenstown, Georgetown.
To move ahead with the sale Sandford-Johnson became Harper’s power of attorney on October 31, 2014 and registered at the Deeds Registry, Georgetown on November 24, 2014. Following this, Sandford-Johnson entered into an agreement of sale for the property to Paul Daby Jr. and Michelle Daby for the sum of $35M on June 15, 2015.
The claim also states that the transport for the property was passed to the purchasers on November 2, 2015 and the defendant received the payment in full. Further, around July 2015, it is alleged that the defendant wired to the plaintiffs the sum of US$11,838.81 which amounted $2,486,150 of the total GY$35M.
It is also alleged that since around August 2015, the defendant has failed and or refused to communicate with the plaintiffs about the balance of the proceeds of sale or to provide an account to the plaintiffs.
It is claimed that a letter dated October 12, 2016, the plaintiffs through their attorney Ronald Burch-Smith was sent to the defendant for an account of the funds received and Sandford-Johnson has since failed to respond to the letter.
Apparently, the plaintiffs believe that the defendant has no intention of remitting the funds she has received on behalf of Elsa Eileen Harper and/or providing an account of how and portion thereof has been disbursed or applied.
As a result, the plaintiffs are calling on Sandford-Johnson to provide an account of funds received by the defendant for and on behalf of Harper in respect of the aforementioned property. In addition, the plaintiffs want the Bar Association Head to pay to the plaintiffs the outstanding funds.
When Harper’s attorney Ronald Burch-Smith was contacted yesterday about the controversial matter, he informed Kaieteur News that the case was first heard last week Thursday and has been adjourned until February 16, 2017 to be heard before Justice Diana Insanally.

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