Henry Talbot claimed he's not responsible for assault charges against the Bromby brothers and he's also in the dark about an $80,000 compensation claim against them in his name.

The 79-year-old made the comments during a Supreme Court civil case launched by Olympic sailor Peter Bromby, 44, and his brother John, 58, who accuse him of malicious prosecution.

Mr. Talbot accused the pair of assaulting him during a property dispute on May 16, 2004, when they took exception to him bulldozing rock formations at a Somerset beach adjacent both their homes.

The brothers were found guilty in 2005 at Magistrates' Court of assault and using threatening words against Mr. Talbot. They were handed an absolute discharge, and later successfully appealed their conviction in the Supreme Court.

According to their lawyer Richard Horseman, the brothers believe Mr. Talbot instituted the proceedings maliciously for the purpose of "getting back at them" for publicly highlighting concerns that the construction project was destroying longtail nests.

On the opening day of the current case on Monday Mr. Talbot's Filipino construction worker, Fernando Landingin, alleged that Mr. Talbot asked him to give false evidence at the original criminal trial that Peter Bromby hit him with a pipe. Mr. Landingin did not give such evidence.

It is further alleged by the brothers that another Talbot employee, excavator Earl Waldron, was also asked to falsely testify against them.

The Brombys are currently seeking compensation from Mr. Talbot to the tune of $17,929 for lost earnings and legal fees, plus a sum to be fixed by the judge for damage to their reputations. Peter said in a witness statement: "Following a very public trial and subsequent conviction, I was constantly subjected to comments and innuendo. I was extremely concerned in relation to my ability to raise public funds for my sailing. I am a competitive sailor and I rely on sponsors in order to fund my sport. Bermuda is a small place. I did not feel that it was appropriate to pursue sponsorships while this matter was hanging over my head. The whole process has generally damaged my reputation."

Meanwhile John said: "Following the public trial and subsequent conviction, I was constantly subjected to comments and disparaging remarks. Particularly, I would have black patrons who used to shop at my store, Bo's, who said that they would not shop at my store anymore. Mr. Talbot had come out on the news and said that this whole incident was a racial one. It wasn't, but as far as many of my customers were concerned, it was. This hurt me as I am not prejudiced and indeed I rely on the black community, which is a large percentage of my customers. My reputation was damaged in the community."

Mr. Talbot, a construction, waste and excavation contractor, is pursuing a counter-claim against the brothers for $80,000 for medical expenses, lost wages, pain and suffering, through his lawyer Rick Woolridge.

He agrees that he did not complain of the alleged assault to the Police who were called to the scene that day by the brothers, telling the court this was because a female Police officer told him to "shut up". She later arrested him over his own behaviour, but he was subsequently released without charge.

Mr. Talbot eventually made the assault allegation on May 19, 2004 the same day an article in this newspaper reported that he'd damaged natural rock formations and longtail nests at the beach. He denied a suggestion yesterday from Mr. Horseman that this was a false allegation, fuelled by anger at being publicly exposed.

Mr. Talbot went on to tell how he noticed bruising and swelling to his stomach 18 days after the incident, on June 4. His doctor and family friend, Femi Bada, told the court that this was consistent with being hit by a blunt object. Mr. Talbot said he needed surgery overseas for the injury, which turned out to be an abdominal aneurysm a blood-filled bulge in a blood vessel.

He did not mention the injury in a Police statement made three days after discovering the bruise. Mr. Horseman inquired yesterday: "Your allegation is that the Brombys caused the injury to your stomach, the stomach aneurysm?" However, Mr. Talbot replied: "Is it? That's something you're surmising yourself."

When Mr. Horseman pointed to documents listing his counter-claim, Mr. Talbot replied in a raised voice: "What counter-claim? I never made no counter-claim. I don't know nothing about this action. I never made any counter-claim to anyone."

When it was pointed out that documents filed on his behalf claim $10,000 in medical expenses, $27,000 in lost wages and $43,000 for pain and suffering, Mr. Talbot laughed and expressed further disbelief. He suggested the action may have been initiated by his previous lawyer Kenrick James while he was off the Island in hospital. He said he did not understand why, because insurance took care of his bills.

Pressed by Mr. Horseman over whether that meant he was dropping his claim, Mr. Talbot retorted: "You're proceeding with damages towards me, so you please yourself."

When he was later quizzed over who brought the original criminal case against the brothers, Mr. Talbot replied: "Government. That's why I'm wondering why I'm here. This is not my case."

The case continues.