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BIU gets its frozen accounts back

Chief Justice the Hon. Sir James Astwood ruled the union is free to use its bank accounts.Sir James made the ruling in Supreme Court following confusion on Monday over whether the union was allowed access to its cash.

Chief Justice the Hon. Sir James Astwood ruled the union is free to use its bank accounts.

Sir James made the ruling in Supreme Court following confusion on Monday over whether the union was allowed access to its cash.

On Monday the Bank of Butterfield allowed the union to cash cheques at first, but then froze its account again after Attorney General Mr. Walter Maddocks said an order made by Sir James last Friday left room for clarification.

Friday's order gave the union a reprieve from being fined $100,000 a day and having its assets seized by court sequestrators -- punishments imposed because of the union's strike.

The BIU thought the order meant its bank accounts were freed, but the sequestrators thought it meant the accounts were still frozen.

At yesterday's hearing Mr. Jeffrey Elkinson, for the sequestrators, told Sir James there was nothing wrong with Friday's order, but there were differing views of its effect. The sequestrators would do what the court wanted, he said.

Sir James said: "Peace seems to be reigning in the land at the moment and I think it should continue to reign. These courts should not be here to resolve labour disputes, but they will carry out their functions.'' He told union lawyer Mr. Julian Hall MP: "You drafted the order.'' Mr. Hall replied: "You made the order. If the decision you made was not the decision that the union should be permitted to use the bank accounts, I must ask: What was your decision?'' Sir James told him: "When I was granting you the stay on Friday I didn't know what the sequestrators had done at that point. I don't think you knew. That's why I said to you that if you had any other applications you could make them.'' Sir James said he was not saying the order had been poorly drafted. "If lawyers could draft their documents so clearly there would not be a second opinion, I would not have a job.'' Mr. Hall replied: "I have never had a question raised in 17 years of practice about an order I have written.'' It was "sophistry'' to argue there were doubts about the order, he said.

"We want the sequestrators to keep their hands off our money,'' he added.

Making his ruling, Sir James said: "The court now releases the control of the bank accounts back to the control of the union in the normal way, until such time as the court makes another order.'' At least two more court actions are in the pipeline following the BIU's dispute with Bermuda Forwarders over 15 truckers who lost their jobs.

One, which follows on from last Friday's temporary reprieve, is a full appeal against the sequestration and $100,000-a-day fines. It is due to be heard on July 21.

The other is the action brought by Bermuda Forwarders, asking the courts to decide whether the 15 truckers ended their own jobs when they walked out last year in support of a fired shop steward. An initial court appearance is expected this month, but the proper case may not get under way until the fall.