The Tribune

THE COURT of Appeal has ordered that the property hearing of a divorced couple be sent back to the Supreme Court.

The appeal was lodged by Garth Bethel, who claimed that the property adjustment terms ordered by Chief Justice Sir Michael Barnett should be vacated.

The initial Supreme Court hearing came after the end of his seven-year marriage to Veronica Bethel.

The Court of Appeal ruled that the case should go back to the Supreme Court as the Chief Justice was wrong in neglecting factors required to be considered under section 29 of the Matrimonial Causes Act.

The court ruled that it would allow the appeal, set aside Sir Michael’s decision and “remit the matter back to the Supreme Court for rehearing before another judge.”

At the initial hearing two years ago, Mr Bethel asked to be granted half the value of the matrimonial and non-matrimonial assets, specifically a West Bay Street home and 12 condos.

According to his notice of appeal, Mr Bethel only received $75,000 from an estate which should be “grossly valued in around, or in excess of $10,000,000”.

He listed among his grounds for appeal that the chief justice “erred in law and principle by causing bias or the appearance of bias to be unavoidable” – because he failed to disclose prior to the hearing that he knew the parties concerned.

In the notice of appeal, it is claimed Sir Michael attended Mr Bethel’s ex-wife’s mother’s funeral five days before the hearing and was a guest in their home during their marriage.