RESULT: Struck Off, Restitution ordered | Disciplinary Committee decision delivered February 19, 2005.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON
COMPLAINT NO. 210 OF 2002
IN THE MATTER OF JUNE ELLIOTT vs DERRICK DARBY
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT
PANEL:
MRS. JEANNE ROBINSON-FOSTER
MRS. MERLIN BASSIE
MR. DAVID BATTS
DECISION DELIVERED 19th FEBRUARY, 2005
UPON THE APPLICATION dated 24th January, 2003 made under section 12 (1)(a) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 19th February, 2005.
AND UPON the attorney-at-law Mr. Derrick Darby not appearing nor haying been represented by Counsel.
AND UPON the complainant Ms. June Elliott appearing and having given evidence on oath
AND UPON DUE CONSIDERATION of the sworn evidence of Ms. June Elliott
THE COMMITTEE FINDS that the complainant has proved her case. In the circumstance the Committee finds that the attorney Derrick Darby is guilty of professional misconduct and has acted in breach of S. 12 (1) of the Legal Profession Act.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:-
Pursuant to s 12(4) of the Legal Profession Act:
- The name of Derrick Darby be struck from the roll of attorneys-at-law entitled to practise in the several courts of the island of Jamaica
- That the attorney Derrick Darby make restitution to the complainant Ms. June Elliott Pursuant t.p section 12 4 (c) in the sum of $1,300, 000.00 with interest there on at the rate of 12% from the 27th August, 2001 until date of payment :
- The Respondent Derrick Darby pay costs in the sum of $10,000.0 to the complainant.
Dated the 19th day of March, 2005
Jeanne P. Robinson
CHAIRMAN OF THE PANEL