Race ace's widow loses fight over cash

By Tony Stickley

The widow of New Zealand motor racing legend Bruce McLaren has failed in her court bid to get $500,000 from her dead husband's former manager and close friend, Aucklander Phil Kerr.

In a reserved judgment released in the High Court at Auckland yesterday, Justice Potter ruled against McLaren's widow, Patricia Brickett.

The judge also awarded costs against Mrs Brickett, who lives in Surrey, England.

It is understood that - when her own lawyers' fees are added - she faces a legal bill running into hundreds of thousands of dollars.

Mrs Brickett claimed during a three-week hearing last year that the 65-year-old Mr Kerr, a company director, had misappropriated money from the Swiss investment company Ecurie Top Gear, run for the benefit of her and her husband.

With interest over 25 years, the amount claimed totalled $500,000.

Mr Kerr told the court he was entitled to 15 per cent of the company's revenue.

But Mrs Brickett's lawyer, Robert Fardell, argued that this agreement ended with McLaren's death.

Mr Kerr's lawyer, Gary Judd, QC, described Mrs Brickett in court as an ungrateful woman who had committed a "monstrous slander" on an honourable man.

McLaren's family, including his 93-year-old mother, Ruth McLaren, spoke for Mr Kerr in court, saying he had "always done the best" for Mrs Brickett.

McLaren died nearly 30 years ago on June 2, 1970, when his CanAm sports car hurtled into a marshal's post on the Goodwood circuit near London at 285km/h.

Justice Potter said the allegations of fraud against Mr Kerr were very serious.

"On my findings on the evidence, the plaintiff [Mrs Brickett] has failed to establish with certainty or to a high degree of probability that the remittances were converted by Kerr to his own use and benefit fraudulently and in breach of trust," she said.

Mr Kerr's wife, Pat Kerr, said her husband felt totally vindicated by the judge's decision.

"He is quite emotional and extremely relieved," she said. "It has been quite a few long years.

"We believe the judge has rendered what we felt was the correct decision and he has been vindicated."

Mrs Kerr said she was saddened that Mrs Brickett had brought the action.

"I feel sorry for Mrs Brickett," she said. "I feel sorry that she felt compelled to bring a claim that had absolutely no merit and put not only us but the McLaren family through this absolutely devastating experience."

Mrs Kerr said her husband was devastated that someone he considered a friend could turn on him in this way.

"You don't recover in 15 minutes ... The key thing is to get our lives back together and make sure Phil's reputation is restored 100 per cent. What the judge has said reinstates it. There is no question about that."

Mr Kerr said the affair had been "very stressful and very tough."

"It has been a long time and an unnecessarily long and drawn out battle ... It has been going on for eight years.

"We have always defended our position very strenuously from day one, but that doesn't mean that you don't have stresses and worries about having to go through the whole legal system," he said.

It had also been a huge financial drain, and had left him stunned.

"It was hard to deal with, because I really could not believe it," he said.

"All my memories and recollections are with Bruce and the great times we had together. They are very precious, and it is dreadful when a tragedy occurs and you lose your best mate.

"But they can't take memories away from you and you just hope that nothing will ever interfere with that.

"Sadly, we have had to deal with this, but nothing is going to minimise my memories and thoughts of all the years Bruce and I had together, and I will just concentrate on getting on with the future."

Mr Kerr said Mrs Brickett had been a friend. After Bruce McLaren's accident, he had done his best to assist the family and help provide for Mrs Brickett over many years "because that is the sort of thing you do for your mates."

"I knew all along I had always done my best and I had never done anything wrong.

"I simply could not believe it ... I am just sorry it happened."

Mr Kerr said he was grateful for the support he had received from friends around the world and from the McLaren family.

"They are like my other family," said Mr Kerr. "They were just wonderfully supportive."

Mr Fardell said Justice Potter's decision was disappointing.

It was too early to say whether Mrs Brickett would lodge an appeal.