Former Attorney General Trevor Moniz today stood by his decision to launch a civil lawsuit in a a US District Court against Lahey Clinic.
He was responding to the ruling handed down on Thursday, that dismissed the case.
In a statement released this afternoon, Mr Moniz said the ruling “comes as a disappointment”.
Ultimately, he said: “The case was dismissed on a technical ground, namely that there is insufficient ‘domestic injury’ in the US to bring a case before the American Courts.”
But he said: “This is a fast-moving area of the law, with the US Supreme Court only deciding to narrow the relevant legal test in the summer of 2016 – well after the investigation into Lahey’s affairs began. A further appeal would be needed to clarify this point.”
The former AG added: “It is important to point out that the case was based on compelling evidence, and that the complaint was meticulously well-sourced – in many instances, with the very words of those involved.”
“As Attorney General, I made the decision to issue proceeding following an exhaustive investigation. Throughout the entire process, I acted on the basis of legal advice and in the best interests of the community.”
He also noted that the presiding Judge stated: “It may well be that Bermuda’s allegations as to Lahey’s commission of various predicate acts would suffice for criminal charges … or civil enforcement proceedings brought by the Attorney General [of the USA].”
On that note, he said: “In other words, the federal judge is saying that criminal acts may have been committed. She pointedly noted that American institutions such as Johns Hopkins may have a ‘valid domestic injury claim’ against Lahey within the US.
“Finally, it was a great blow to the case that members of the former Opposition, including the present Premier and Deputy Premier, filed objections to the case proceeding.”