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Mar 13, 2017 News
President of the Guyana Bar Association, Gem Sandford-Johnson, has denied claims that she allegedly misappropriated funds acquired from the sale of a property belonging to US-based Guyanese Elsa Eileen Harper.
Harper had filed a writ in the High Court through Attorney -at- Law, Ronald Birch-Smith last month. In the court document, the woman was requesting that Sanford- Johnson pay outstanding money from the sale of property amounting to $32.5M.
According to the statement of claim, Harper, who is unmarried and has no children, 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.
Sanford-Johnson was therefore appointed Power of Attorney of Harper’s property. According to initial court documents the Bar Association President afterwards 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. But, following the sale, the Plaintiff said that Sanford-Johnson only wired to the plaintiff the sum of US$11,838.81 which amounted $2,486,150 of the total GY$35M.
The ailing woman claims that she has since been unable to reach Sanford-Johnson. She therefore opined that the defendant had no intention of remitting the funds she acquired from the sale of the property.
In a court document subsequently filed in her defence, Sanford-Johnson denied the claims.
“I have read the Statement of Claim of the Plaintiffs herein except where it is expressly admitted, I deny each and every statement and allegation made and contained therein as if the same were herein set out verbatim and traversed seriatim,” she said.
Following the sale of the property, Sanford-Johnson claimed to have wired $10,000 US to the Plaintiff. She said that after that she was unable to reach the woman, even after travelling to the United States of America.
“I travelled to the United States of America after the Christmas holiday. I travelled to Washington D.C. and made arrangements with the mutual friend to meet with my principal and then with the Plaintiffs (Eileen O’Brien and Jesse Stein) representatives of Harper’s Estate in the United States.
Upon making such arrangements I learnt that my Principal had since been re-located to Virginia and we had no immediate information as to where or how to locate her. I subsequently returned to Guyana without meeting with the Plaintiff.”
The defendant claimed further to have no knowledge of the other parties involved in the matter. The Attorney therefore contended that she was unable to pay the monies because she had not known (Eileen O’Brien and Jesse Stein) representatives of Harper’s Estate.
“I have never met the Plaintiffs and know nothing of their occupation, except for the allegation that they are co-guardians of my principal.”
She said that partly accurate is the statement that “I was appointed the duly constituted Attorney in Guyana of Elsa Eileen Harper under a valid Power of Attorney which said Power of Attorney is still in full force and effect and was never revoked.”
Notwithstanding, the physical condition of Elsa Eileen Harper as alleged, I communicated with her in August, 2015 and updated her on the status of the said sale.”
The matter is still engaging the attention of the court. It is expected to come up for another hearing before Justice Diana Insanally, next month.
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