7 News Belize

Mek Mi Rich Legal Battle Continues
posted (June 24, 2016)
In February of this year Curtis Swasey's claim was vindicated after Justice Courtney Abel ruled that Mek Mi Rich and BTL indeed profited from his original idea. As a result the court ordered that the claimant be paid $25 thousand dollars in damages in addition to an award of costs. Today all relevant parties met inside the chambers of Justice Courtney Abel to decide on what those additional award costs would look like. But the matter got snagged on a technicality. Eventually the case had to be adjourned for next month. Outside of the courtroom we spoke to Swasey's attorney Kareem Musa, who expressed his client's frustration at having to see this matter continuously dragged on.

Hon. Kareem Musa, Attorney for Curtis Swasey
"The court made an order in February of this year that the costs were to be assessed. This morning we had to rehash the same old arguments that we had in February of this year because the defendants want a different method applied to award cost, but the judge had already made an order that it be assessed. That is the difficulty that we had today, basically going through this again and now we have to come back in July for the same thing again."

Reporter
"For those of us who might not understand, explain to us the difference between assessments of cost and prescribed cost, I believe."

Hon. Kareem Musa, Attorney for Curtis Swasey
"The reason that the judge gave on the last occasion why he elected to go by way of an assessment is because of the novelty of this case, because of the weight and complexity of this case. He believes that we should submit a bill of cost itemizing the amount of time and effort that we dedicated to this case. It was an extremely bulky case and it took a lot of time and research. It's the first of its kind in Belize, because it was a case of breach of confidence, not a very common cause of action in Belize. The judge actually realized that and thus he ordered the assessment."

That case on the award costs was adjourned for July 20th.

Now as we told you the court also ordered the defendants to pay $25 thousand dollars in damages. Well according to the claimants, they felt that was just not enough. They have since filed an appeal of that decision. But the problem even back then was that the claimants were unable to provide any records of Mek Mi Rich earnings, making the court unable to pin an accurate figure on the royalties that should be granted. So what's different now? That's what we asked Attorney Kareem Musa today.

Hon. Kareem Musa, Attorney for Curtis Swasey
"As you know, Mek Mi Rich has folded whether that is temporary or permanent is left to be seen, but I think that was the difficulty, the fact that they had folded and were no longer operational. So it's difficult to realize if it was that they were making or losing money, I think that's their argument that they weren't making money. Nonetheless, the law does provide that a loyalty should have been attached in favor of Mr. Swasey because of the breach of confidence of his ideas and his concepts."

Reporter
"I understand what you're saying but if there was no figure that you can present to the court, then it would be a royalty on what figure?"

Hon. Kareem Musa, Attorney for Curtis Swasey
"If they are to continue with the game then of course they would have to provide their figures and then a royalty would be attached. We haven't gotten to that stage of proceedings as yet because we don't know if they'll be coming back."

Reporter
"In the matter of the appeal, will you be able then to perhaps be subpoena their records, by now they must have some records for tax purposes?"

Hon. Kareem Musa, Attorney for Curtis Swasey
"The records that are before the Supreme Court are the only records that will be provided at the court of appeal. No new information will be coming out at that stage."

Reporter
"If there a figure that you and your client maybe hope to see?"

Hon. Kareem Musa, Attorney for Curtis Swasey
"Well I can't say at this stage because; like I said, I don't know that their books are and I don't want to accuse them of cooking their books, but certainly what he deserves is a fair percentage of the profits of that company."

A date for that appeal is yet to be determined. Now if you've been following the case you would know that the defendants have also filed for an appeal on the ruling back in February. So even though the claimants were successful in their case, there is really no telling which side will win this legal battle.

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