RESULT: Struck off | Disciplinary Committee decision delivered November 29, 2003.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
N0.144 of 2002
IN THE MATTER OF PEARLETTA DOUGLAS vs DERRICK DARBY
AND
IN THE LEGAL PROFESSION ACT
PANEL:
MR. CHRISTOPHER BOVELL – CHAIRMAN
MRS MARGARET MACAULAY
MR. DAVID BATTS
DECISION DELIVERED ON THE 29TH NOVEMBER, 2003
UPON THE APPLICATION dated 19th August, 2002 made under section 12(1)(a) of the Legal Profession Act coming on for hearing before the Disciplinary Committee on the 29th November, 2003.
AND UPON Miss Pearletta Douglas appearing and having given evidence on oath
AND UPON the attorney-at-law Mr. Derrick Darby not appearing he having been properly served with the notice of the hearing
AND UPON DUE CONSIDERATION of the sworn evidence of Miss Pearletta Douglas and the documentary evidence presented by her
THE COMMITTEE FINDS that the attorney Mr. Derrick Darby is guilty of conduct which constitutes misconduct in a professional respect, in that he has failed to account for money paid over to him by his client.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- Mr. Derrick Darby be struck from the roll of Attorneys-at-law entitled to practise law in the several courts of the island of Jamaica pursuant to Section 12(4)(a) of the Legal Profession Act
- Mr. Derrick Darby Pursuant to Section 12(4)( c) of the Legal Profession Act to pay to Miss Pearletta Douglas by way of restitution the sum of $3,361,600 plus interest of 12% per annum from 29th November, 2003.
- Mr. Derrick Darby to pay costs of $20,000.00 to the General· Legal Council and costs of $5,000.00 to the complainant.
These orders are made under the provisions of sections 12(4)(a)(b) and( c) of the Legal Profession Act.
Dated 16th day of January, 2004
CHRISTOPHER BOVELL
CHAIRMAN OF PANEL