Derek Achong
Senior Reporter
derek.achong@guardian.co.tt
A former national athlete has been ordered to refrain from harassing, intimidating and assaulting his mother and sister over a property dispute.
High Court Judge Joan Charles made the order against Robert John Auerbach when she upheld a case brought by his sister Lyndsay and mother, Margaret.
The dispute arose after Auerbach’s father, Robert George Auerbach, died in March 2014.
Auerbach inherited a 25 per cent stake in his father’s company Auerbach Group of Companies, while his mother and sister received the majority shareholding.
The company owns several properties including a large parcel of land at Upper Ariapita Road in St Ann’s, known as the Belle Vue Estate.
His mother and sister, who were represented by attorney Om Lalla, claimed he became aggressive and threatening towards them after his father died.
In 2017, the family agreed that Auerbach, who represented T&T in trap and skeet shooting and won a gold medal at the 21st Central American and Caribbean (CAC) Games in Puerto Rico in 2010, should move to another property owned by them on Gasparee Island. He initially compiled then began to allegedly re-enter the property.
His mother and sister claimed that in August 2019, he entered the property and aggressively demanded items from a safe room.
“He began searching the property, throwing cushions, chairs, boxes and other moveable property and in the process, physically assaulted the first claimant (Lyndsay),” Justice Charles said, as she summarised their case.
“On this occasion, he broke the locks of the safe room and removed firearms and ammunition belonging to his deceased father,” she added.
Auerbach allegedly broke into the property several times in December 2020. His sister claimed she was forced to lock the doors and barricade herself inside.
“The defendant then peeped through a ‘dog door’ in the kitchen door and threatened her that he was an estate constable, precepted and threatened to arrest him if she came out,” Justice Charles said.
Although the family made a report to then-police commissioner Gary Griffith, Auerbach allegedly returned days later and threatened a long-serving member of staff. His mother and sister sought an injunction against him, which was granted by Justice Charles.
In early 2021, the T&T Police Service (TTPS) wrote to the relatives informing them that their reports were being investigated by the Belmont Police Station.
His mother and sister still pursued a substantive lawsuit against him although he fully complied with the injunction.
Auerbach denied any wrongdoing and claimed that he was not a persistent nuisance, the aggressor or someone who was unhinged.
He claimed his sister had physically assaulted him in the past and was responsible for his eviction from the family home. He also claimed he had a strained relationship with his mother and sister as they were jealous of the close relationship he had with his father.
He said he was forced to enter the St Ann’s property to retrieve equipment for his business which he stored there. He also claimed the items he sought in the house, including a pair of historic cannons that went missing, were bequeathed to him by his father due to his prowess as a marksman.
He also alleged that the lawsuit was a ploy by his family to “strong-arm” him into accepting a significantly undervalued offer for his stake in the family company.
In deciding the case, Justice Charles noted that Auerbach’s mother refused to testify in the case against her son.
“The above provides a reasonable explanation as to why the second claimant would not want to testify against her son who harboured feelings of animosity against her as shown by his own evidence and pleadings,” she said.
Justice Charles upheld the claims made by Auerbach’s sister and mother.
“The defendant, by his actions, which were not denied, demonstrated a concerning degree of instability in that he was prepared to take the law into his own hands rather than seek the intervention of the courts to determine the dispute with the Claimants,” she said.
Referring to his dispute over the cannons, which he claimed were removed and buried on the instructions of his relatives, Justice Charles said: “His behaviour was demonstrably unreasonable and erratic concerning this matter.”
She granted an order restraining Auerbach from attacking his mother and sister and entering the St Ann’s property.
He was also barred from removing items from the property besides his equipment for his business, which he would need to give adequate notice of.
Auerbach was also ordered to pay his mother and sister $30,000 in compensation for assault and battery and $14,000 in legal costs for the case.
Auerbach was represented by Kenneth Shawn Mahase and Vandana Benny. His mother and sister were also represented by Aaron Morales.
