A housing dispute involving a high-ranking Police officer and the Bermuda Housing Corporation has been sent back to Magistrates' Court.

In a recent written judgement, Bermuda Police Service Superintendent Victor G.

Richmond has won his Supreme Court appeal, staving off his displacement from a Government property he has rented for 26 years.

Puisne Judge Richard Ground, in quashing the possession order, was critical of the way the matter was dealt with in Magistrates' Court. He complained of a lack of written records from a previous hearing before Senior Magistrate, Will Francis. The matter is now set to return to Magistrates' Court on August 28.

Supt. Richmond successfully appealed against BHC taken possession of the property. He had refused to let BHC take temporary possession that would have led to a doubling of rent, set under a 1993 lease at $870 a month.

The dispute arose in September 1996, when the Housing Corporation wanted to carry out substantial renovations to the premises and served him with a notice to leave by February 28, 1997.

BHC offered him interim alternative accommodation and the option to return to his old home upon the work's completion, albeit under a new lease and an increased rent of $1,650 per month, plus $150 per month maintenance charges.

Faced with an increase of more than 100 percent in his monthly expenses for the property, the Police officer refused to surrender possession. The Housing Corporation took him to Magistrates' Court under the Landlord and Tenant Act.

Supt. Richmond submitted a defendant's response to BHC's application, but the Corporation failed to respond in the court-allotted time, prompting the officer's request for dismissal.

In reviewing the case history, Mr. Justice Ground pointed out the lack of a record of the proceedings, apart from a note for an adjournment.

"It does not appear that the Magistrate took any evidence, but he seems to have decided the matter on both the written and on verbal submissions, for he states that in his ruling,'' he wrote.

"In such circumstances, there should have been a record of the proceedings, including the submissions made.'' Mr. Justice Ground also stated: "Even if no evidence is taken, that rule -- Magistrates' Court Rules (Order 16, r. 6) -- requires the `proceedings' to be taken down in writing, and that would include a note of the course followed.

"In the absence of it, it is impossible for me to determine the basis on which he dealt with this matter at the hearing: whether he was holding some sort of trial of a preliminary issue, as is suggested by the appellant's letter, or what.'' Mr. Francis delivered his ruling last September although in the interim Supt.

Richmond wrote to him, leading Mr. Justice Ground to observe: "Quite why he (Supt. Richmond) felt it appropriate to do this is not clear, for he must have known that it was improper, the hearing having been concluded.

"However, in that letter he reminds the Magistrate that he had asked for the case to be dismissed `before any evidence was heard' on the basis that the agreement was unambiguous and precluded an order for possession while he remained a serving Police officer.'' He added: "I have no indication on the record of whether or not the Senior Magistrate received that letter before giving his ruling.'' Supt. Richmond had argued that a BHC lease clause indicated that his tenancy agreement could not be terminated as long as he remained in Government employ.

But Mr. Justice Ground found more interesting an allegation that evidence had been excluded.

The Police officer's notice of appeal before Justice Ground argued "the learned Magistrate erred in refusing to hear evidence of certain dealings and negotiations between Government, Police authorities and the plaintiffs tending to show the intention of those parties at the time of the making of the contract...'' In the absence of a "proper record'' of the Magistrates' Court hearing, Mr.

Justice Ground conceded: "It is not clear to me when the Senior Magistrate excluded the evidence.'' Superintendent Richmond was represented by Richard Hector QC and BHC was represented by lawyer Chris Lavigne.

HOUSING HSG