RESULT: Struck off, Restitution ordered | Disciplinary Committee decision delivered July 10, 2004.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO. 134/2000
IN THE MATTER OF ENOS EDWARDS vs AUDLEY FOSTER
AND
IN THE MATTER OF THE LEGAL PROFESSION
PANEL:
MISS NORMA LINTON Q.C.
MR. ALLAN WOOD
MR. GEORGE MAGNUS
UPON THE APPLICATION dated the 7th December, 2000 made under 12(1)(a) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 10th July, 2004.
AND UPON John Graham attorney-at-law for the Complainant appearing and having produced sworn affidavit and documentary evidence of the Complainant
AND UPON THE attorney-at-law Audley Foster not appearing
AND UPON DUE CONSIDERATION of the sworn affidavit and documentary evidence of Mr. Enos Edwards and the sworn Affidavit of Service by Mervalyn Walker evidencing that Mr. Audley Foster was served with the notice of hearing by registered post on the 11th June, 2004
THE COMMITTEE FINDS that Mr. Audley Foster acting on behalf of the Complainant collected the sum of $985,000.00 from the National Housing Trust on the 28th April, 2000 and has failed to account for same in breach of Canon VIII(b) of the Legal Profession (Canons of Professional Ethics) Rules . The Attorney by his conduct has discredited the Legal Profession in breach of Canon l(b) of the said Legal Profession (Canons of Professional Ethics) Rules. In the circumstances although Mr. Audley Foster has already been struck off the panel finds that a further order is appropriate for the record.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
Pursuant to section 12(4) of the Legal Profession Act:
- The name of Audley Foster be struck from the roll of Attorneys-at-law entitled to practice in the several courts of the island of Jamaica.
- By way of restitution Audley Foster is to pay to the Complainant the sum of $985,000.00 together with interest thereon from the 1st May 2000 at the rate of 12% per annum.
Dated the 14th October, 2004
ALLAN WOOD
CHAIRMAN OF PANEL