Hardy back in news
handed down against him after the failure of his Bermuda-based Focus Insurance Company, is in the news again.
He was highlighted in an article this past weekend in London's Mail on Sunday under a headline, "I'm bankrupt ... fly me''.
The article tells the tale of how the "penniless bankrupt is able to jet around the world free of charge. Mr. Mark Hardy has clocked up travel concessions from American Airlines and Delta Airlines. His 50,000 Frequent Flyer miles have allowed him to visit Bermuda six times in the past year, since they cannot be seized as an asset by his trustee in bankruptcy.'' The story goes on to say how Mr. Hardy was declared a bankrupt a year ago following the collapse of his multi-million dollar Bermuda-based Focus Insurance Company in 1991.
The liquidators, continues the article, "issued a 13 million claim against him, alleging a breach of fiduciary duty.
"Mr. Hardy contested the action, but a default judgment was awarded against him after he failed to comply with disclosure orders. He is now trying to overturn this judgment in Bermuda, and is using his free flights to get there from his home in the UK.'' Mr. Hardy is quoted: "Any business executive should hang on to their bonus miles for the day they become bankrupt. Thank God I kept mine.'' It was just last month when Mr. Hardy was last here facing attempts to have him declared in contempt of court because of a letter campaign in which he was alleged to have scandalised the court by referring unfavourably to the former Chief Justice, Sir James Astwood.
At that time, Mr. Hardy was successful in his bid to have the proceedings stopped. The action had been brought by the liquidators for the Focus Group of Insurance Companies, Mr. David Lines and Mr. Peter Mitchell. They were represented by Mr. Saul Froomkin and Mr. Andrew Martin of Mello, Hollis, Jones and Martin. Mr. Hardy, who said he couldn't afford a lawyer, represented himself.
In his ruling on May 17, Puisne Judge the Hon. Mr. Justice Meerabux, in agreeing Mr. Hardy, said he would forward the details of the case to the Attorney General's Chambers and leave it to Government lawyers to determine if a criminal prosecution should occur.
But yesterday, the Attorney General, Mr. Walter Maddocks, said he had not yet seen the file and that he did not believe it had been forwarded to his Chambers.