Wilbur Smith strikes back
2002-03-22 22:21
Washington - The legal wrangle between world-renowned author, Wilbur Smith, and his stepson has now made its way into an American court with Smith suing the Colorado doctor for R360 million in damages.
Smith and Dieter Schmidt, son of Smith's third wife, Danielle Smith who died of brain cancer in 1999, have been in and out of the Cape High Court with claims and counter-claims.
Smith initially asked the court to stop Schmidt from selling Smith's former home in Constantia and pocketing the proceeds. Although Schmidt has been living in the house, the house belonged to a trust formed by Smith in 1986.
In his counter claim, Schmidt revealed information that placed Smith in the hot spot. Among other things, he claimed the author had four passports in his own name and one Sri Lankan passport under a pseudonym.
'Accomplished and adventurous'
Schmidt, who immigrated to Colorado in August last year, also alleged that Smith was placing his assets out of the reach of the children of his former wives.
Alan Friedberg, a lawyer in Denver, confirmed on Friday he had filed a charge on behalf of Smith in the Federal Court.
In the charge, signed by Smith in London, he accuses his stepson of breach of faith and of stealing confidential information from him.
Smith is not only demanding $30 million in damages, but is also asking the court to prevent Schmidt from using the stolen information.
In the case documents, Smith is described as a British citizen who grew up in Northern Rhodesia and who lived in South Africa most of his adult life. "He is an accomplished hunter and angler who has nurtured adventurous stories from his rich experience; he is a prolific writer who has penned 25 books which have sold more than 100 million copies all over the world," the charge states.
'Abused four-digit security code'
Smith alleges his stepson abused a four-digit security code to gain access to several of Smith's properties to steal personal information from his computer after the death of Schmidt's mother.
The release of ill-begotten personal and financial information (by Schmidt) led to sensational reports on two continents, the charge claims.
Smith says his marriage to Danielle provided Schmidt with a luxurious lifestyle. After his mother's death, he was panic-stricken in the belief that he would lose his lifestyle and monthly allowance of $5 000 (about R59 000).
When Smith married his fourth wife, Schmidt became "paranoid, suspicious and started acting hateful towards his historic benefactor," the charge reads.
According to Smith's legal representative, Schmidt has been granted 30 days to respond to the charge.