Anna Nicole Fights For Bahamas House

Attorney Wayne Munroe was a guest on Love 97’s “Issue of The Day” on Tuesday. (Photo by Mario Duncanson)

Wayne Munroe, her lawyer, disclosed on Tuesday that she is suing South Carolina-based developer G. Ben Thompson, who claims to be the owner of the million-dollar oceanfront Eastern Road mansion where Ms Smith is staying.

"We have sued him. We have issued a writ against him for a declaration that she is the owner, and any subsequent conveyance to him is void," Mr. Munroe explained.

"So he will have to produce his documents. It will not be a matter of simply talking in the press. He, I can say, has been sued."

According to Mr. Munroe, the goal of the lawsuit is a declaration from the Supreme Court of The Bahamas that Ms. Smith is the "legal and beneficial owner" of the Horizons residence, and a declaration that any document Mr. Thompson produces that says he owns the home is void.

"And further, as a relief," he added, "(Mr. Thompson) may find himself on the end of an application for damages, because talk is cheap and money buys land in The Bahamas."

Mr. Munroe claims to have correspondence from Callenders and Co. who represented the vendor – Clifford Culmer, the liquidator of Americanas Bank – and Ms. Smith in the purchase.

"We have a copy of the conveyance. We have a copy of the agreement for sale, where Anna Nicole’s signature as the purchaser is witnessed by G. Ben Thompson, the man who I now understand is trying to say that he is the actual owner," he said.

"I don’t know where people come from with these allegations. I would hope that they have some sort of documentation to back up what they say."

Among other revelations, Mr. Munroe said that there is "nothing at all in writing" in the documents he has relating to the sale of the Horizons residence that says Ms. Smith undertook to take out a mortgage to pay Mr. Thompson back.

Mr. Munroe also announced on Tuesday that he would sue Callenders and Company – which formerly represented Ms. Smith in conjunction with Mr. Munroe – based on statements that have appeared in press reports that may have originated at the law firm.

Callenders partner Michael Scott told the Journal that G. Ben Thompson had in fact given Ms. Smith until October 31 to leave the house he insists he bought as a favour to her.

Mr. Scott reiterated that Ms. Smith had undertaken to take out a mortgage to pay Mr. Thompson for the home, a position disputed by Mr. Munroe, who says he has seen no such undertaking in writing by Ms. Smith.

"Nope, nothing at all in writing, and anyone who is a lawyer or layman knows that there is something called the Statutes of Fraud in The Bahamas that says that when you’re dealing with real property it has to be in writing so it cannot boil down to a he said, she said," Mr. Munroe said.

"So if Mr. Thompson claims that there was an agreement for him to receive a security document, somebody needs to challenge him to produce it. We certainly will."

Mr. Munroe also commented to the lawsuit filed against Ms. Smith by Larry Birkhead, the photographer who claims to be Ms. Smith’s baby’s father and wants to compel Ms. Smith to produce the child for DNA samples.

He pointed out that Alexiou Knowles and Co. has filed a lawsuit in The Bahamas on behalf of Debra Opri, Mr. Birkhead’s lawyer. Mr. Munroe said the writ as filed contained certain "deficiencies" – he did not specify what – that he intended to write to Alexiou Knowles and Co. and "invite them to cure."

"Because it’s in no lawyer’s interest to tie up the court in unnecessary applications, so where there is a deficiency in documents, files, the proper thing to do is write to the other side and invite them to bring them in compliance," he said.

"The one thing the chap does not sue for in The Bahamas is paternity testing, which is odd. He is suing for defamation he says; he is suing for an order that the Registrar General change the entry in the Register of Births and Deaths; he is suing for damages for something or the other that I don’t quite understand."

Appearing on the Love 97 talk show "Issues of the Day" on Tuesday, Mr. Munroe addressed the question of the deadline Mr. Thompson gave for Ms. Smith to vacate the Horizons residence by October 31.

"Well, he sent a letter, and we have a saying in The Bahamas that paper does not move, you can write whatever you wish to write on it. He has a serious case to answer in the Supreme Court of The Bahamas, and with this good woman, a lot of people seem to think that by going to the press and saying things, that she will comply with their desires," he said.

"He will be yet somebody else to discover that she will not comply with his desires."

Mr. Scott, who also appeared on the show, was reluctant to disclose much, as he expected to be sued by Mr. Munroe.

When pressed on whether Ms. Smith’s application for permanent residency was in order, Mr. Scott said he did not think the documents required for granting Ms. Smith permanent residency were in place at the time that status was granted.

He also disputed the claim that Ms. Smith paid for the residence.

"No. I’ve said publicly, and I’ve explained this to the Department of Immigration, that the monies (to purchase the home) were advanced. They were advanced by Ben Thompson, who advanced it on the basis that his advances would be secured by a mortgage," he said.

"There is an agreement for sale and that was subsequent to a heads of agreement between Mr. Thompson and the intending vendors."

Pressed to say whether or not Ms. Smith owned the home, Mr. Scott said "her ownership was subject to a mortgage which was to be entered into or given by her to Ben Thompson."

Mr. Scott reiterated his assertion that Immigration Minister Shane Gibson personally received the $10,000 cheque for Ms. Smith’s permanent residency application.

He insisted that his partner, Tracey Ferguson, took the cheque to the Horizons residence and saw Mr. Gibson receive the cheque on the evening of September 20 at about 7pm.

Mr. Munroe expanded on the disclosure that he has been instructed by Ms. Smith to write to Callenders and Co., her erstwhile lawyers, and determine whether or not they deny that they are the source of the material that has appeared in the press recently.

He referred to the press reports that Mr. Thompson owns the house, and the questions swirling around Ms. Smith’s permanent residency application. Sources have insisted that she does not own the house and therefore does not qualify for permanent residency in the manner both Immigration Minister Shane Gibson and Prime Minister Perry Christie have insisted that she does.

According to Mr. Munroe, these reports and others raised concerns.

"Because if (Callenders and Co.) are the source of some of the material it may give rise to a claim for breach of attorney-client privilege; it may give rise to a claim for conflict of interest and breach of the duty owed by a lawyer to his client, and it might give rise to claims for breach of contract," Mr. Munroe said.

"The starting point, though, is to write to the other side to determine what their position is."

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