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Court: Mek Mi Rich Idea Was Stolen From Curtis Swasey
posted (February 23, 2016)
For an entire year now, 7News has been following the case of Corozal businessman Curtis Swasey. He's the private citizen who said that the owners of the Mek Mi Rich gameshow stole his idea and got rich at his expense, and with the help of BTL. Well, the Supreme Court has vindicated him, by finding that indeed, the Mek Mi Rich concept of lottery texting is…his.

That's the decision that Justice Courtney Abel handed down today after reviewing all the evidence presented to him. Viewers will remember that the cornerstone of Swasey's case was that BTL breeched the confidentiality agreement they had signed. He reasoned that they gave away information on his idea for his game called Super Slam Sunday to the principals of Mek Mi Rich, Sunjay Hotchandani, and Andre Vega, the son of Deputy Prime Minister Gaspar Vega. Though there was no direct link - "no smoking gun" - to show that BTL gave away Swasey's information, he claimed in court there was enough circumstantial evidence to show the similarities between his game and Mek Mi Rich, and that BTL was the only connection between the two.

That meant that the judge had to draw the inference that only BTL could have given away his concept, and after weeks of deliberation, Justice Courtney Abel agreed with him.

But, there's a wrinkle. Because his attorney did not show exactly how much money Mek Mi Rich made off his game, he's only being paid $25,000 in damages, as of right now. Now, if you've followed the way the game works, the jackpot is half a million dollars, which was at one point the biggest jackpot given out to a Belizean last year. That's until it was dethroned by a lucky winner from another lottery game a few months later. So, with a budget like 500 thousand dollars to just give away like that, you'd think that they're raking it in.

But, because there was no evidence that the court could rely on to support that suspicion, Swasey is being awarded costs - to be determined at a later date - and $25,000 in damages.

We spoke to his attorney who referred to Swasey as David to BTL's and Mek Mi Rich's Goliath:

Kareem Musa, Attorney for Curtis Swasey
"As you know the learned trial judge gave his decision today and it a huge moral victory. It's a huge victory on principle for Mr. Swasey. I want to first of all commend him. In my opinion, he is a modern day David that went against the big telecommunications giant Goliath BTL and as we all know who those principals are of BTL and of Mek Mi Rich. He took on the giants and he came out victorious today. I am extremely proud of him for taking a stand. Because from the very moment I met Mr. Swasey, I knew for a fact that he had had been wrong and it's just a matter of taking it before the court and presenting the evidence to prove that in fact over the course of two and a half years BTL manipulated and actually extracted information from Mr. Swasey and then thereafter shared that information with Mek Mi Rich. And so today is vindication. It's a huge victory and again I am very proud of Mr. Swasey for stepping forward."

Reporter
"The judge was clearly not happy with the $25,000 quantum that he had to work with. Is there any recourse on your client's part to make pursue a civil matter?"

Kareem Musa, Attorney for Curtis Swasey
"Certainly the issue of damages we have some concern with that. The learned trial judge found that the only evidence before the court was a $25,000 fee that was paid by Mr. Vega to BTL - by MMR to BTL. So there wasn't much else to go on. But our position was that in fact the damages that should be awarded to Mr. Swasey that should have been based on royalty and to be tacked on to the profits of MMR. I don't know if they are still operating, but had they still be operating, then he should have been titled to a royalty of their profits."

Reporter
"Do you fall down in any way with this case in perhaps bringing forward the financial picture of MMR?"

Kareem Musa, Attorney for Curtis Swasey
"That was no doubt one of the difficulties in this case. There was absolutely no way of us actually getting that information from MMR to see what their profits are. So all we had to go on was based on projections that were provided by MMR. We don't actually have their financials, their statements to show how much profits they've made. So that is a huge difficult in this case, that we do not have access to their information. The learned trial judge clearly found that BTL and MMR used Mr. Swasey's concept and information. So on that basis, any move forward by MMR and BTL no doubt we will pursue a remedies and injunction is one of them."

Of course, the other side do not agree - albeit respectfully - with the judge's decision, and when they exited court, we spoke with the attorneys from both Mek Mi Rich and BTL. Here are their opinions on the outcome of the lawsuit:

Naima Barrow, Attorney for MMR Belize
"My personal reflection is, is not a judgement I am comfortable with, would be comfortable taking. But the case is not mine. The case belongs to my client. They were not here today. Their representatives were able to make it. So I will be taking instructions on what will become of this. But it's not a judgement I would comfortable walk away with and say justice has been done. It's not one of those."

Reporter
"Did you say this has been a victory for the claimant?"

Naima Barrow, Attorney for MMR Belize
"It is a clear victory. Everything that he has claimed has been awarded to him - everything. Including cost. He is in a good place sitting down which is why I think I am so uncomfortable where we are now."

Reporter "Do you think your client will suffer a moral hit, in terms of the success of his business moving forward?"

Naima Barrow, Attorney for MMR Belize
"I think this is a black eye. And black eyes can allowed to figure they can be dressed up. So it's a matter for them. As a matter of business strategy what they will do with the black eye, but it is a black eye because what the judge has not insinuated but said, is that there was something shady happening between BTL and my client. I doubt very much that BTL who you know isn't going anywhere will allow this to stand. So I expect that you will speak to BTL counsel about it."

Reporter
"Your client has taken a moral hit in this case."

Magali Perdomo, Attorney for BTL
"I wouldn't necessarily say a moral hit. It was case that was before the court. We presented and arguments and the judgement was handed down. I don't know how it could be that the entire company suffers a moral hit because of one claimant and one claim. As counsel for MMR has said, we are all agreed on the law. What we disagree on was the judge's interpretation on the evidence and in fact the judgement does say that the decision was based on circumstances and circumstantial evidence. So it's not a substantial direct evidence and so I will be speaking to my clients and taking instructions on the appeal. It's not a place we are comfortable with at all."

Reporter
"The judge has basically said that your client BTL colluded with MMR to steal another man's idea. This is why I use the words moral hit. The entire company I believe has taken a hit."

Magali Perdomo, Attorney for BTL
"I think you are pitching that a little bit high. I don't think the entire company will take a hit because of one decision. He made his interpretations based on emails and correspondence and like I said there is no direct finding of the judge of anything shady. So I would disagree with that."

Reporter
"In terms of going forward, will you all appeal the case? Where will you go from here?"

Magali Perdomo, Attorney for BTL
"Well I will be taking instructions from my client to see where we go from here. It's a bit too early to say. But it's not a position we are comfortable with."

Mek Mi Rich has been put on a sort of pause while this legal battle was ongoing, and there is no clear indication if it will return any time soon.

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