Boyea, Flour Mill case postponed

The case between the Eastern Caribbean Flour Mills Limited and two of its former employees has been postponed again.

When the case resumed Monday the Flour Mills informed Justice Gertel Thom that it was appealing her last ruling which struck out evidence vital to its case.

However, attorney for former General Manager Ken Boyea, and former Financial Controller, Hudson Williams, – the two at the centre of the case – Dr Joseph Archibald QC argued that the route being taken by the Flour Mills would prolong the case even further. He recommended that Justice Thom could grant the company leave to appeal so that when the Appeal Court meets in two months time, the case could be heard.{{more}}

At the centre of the appeal is whether certain financial reports could be admitted as evidence to support the Flour Mills’ claim against Boyea and Williams for damages for breach of contractual and fiduciary duties.

In her September 28 ruling, Justice Thom ruled out the whole of the Investigative report of Karl Hudson Phillips QC of Trinidad and Tobago and substantial portions of a KPMG Investigative Report.

Without these reports, the company essentially has no case.

After their dismissal in June 1987, Boyea and Williams sued the company for wrongful dismissal. The company countersued, claiming $58.8 million in damages but shortly after the trial started on June 14, 1987 the Flour Mills abandoned $42 million of its original claim reducing the amount to $8 million for Boyea and $6 million for Williams.

The judgment of the Appeal Court on the Justice Thom ruling will either end the case or pave the way for its resumption.

The next sitting in St Vincent will be in December 2006 when the Flour Mills Appeal will be heard.