RESULT: Struck off | Disciplinary Committee decision delivered February 12, 2000.
RULING OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
RE: COMPLAINT NO. 87/99
GENERAL LEGAL COUNCIL (LLOYD BARNETT) vs MYRTLE JOHNSON
| Before: | Mr. Christopher Bovell -Chairman Mr. Richard Donaldson Mr. Allan Wood |
HEARING DATE: 12™ FEBRUARY, 2000
The matter came before the Disciplinary Committee of the General Legal Council on the 24th July, 1999 which decided that it should be set for trial. The matter was set for trial on the 12th February, 2000. On that date the panel exercised its discretion to proceed in the absence of the parties pursuant to the Legal Profession Act, Fourth Schedule Rule 10. The panel accepted into evidence the Affidavit of Dr. Lloyd Barnett dated 2nd June, 1999 and the Affidavit of Mervalyn Walker dated 10th February, 2000 and heard the evidence of Dahlia Davis who tendered into evidence a certified copy of the conviction of Myrtle Johnson under Section 35(1) of the Larceny Act. We are satisfied that the attorney Myrtle Johnson is guilty of a breach of Canon 3(k) (i) of the Legal Profession (Canons of Professional Ethics) Rules.
This Canon provides that where an attorney has been convicted of a criminal offence which, in the opinion of the Disciplinary Committee, is of a nature likely to bring the profession into disrepute, the commission of the offence shall constitute misconduct in a professional respect. In our opinion a conviction under Section 35(1) of the Larceny Act is such an offence and, as such, the attorney, Miss Myrtle Johnson, ought to be struck off the roll of attorneys-at-law admitted to practise in the island of Jamaica.
In addition, under the Legal Profession (Prescribed Offences) Rules 1998, offences against the Larceny Act and all other offences regarding fraud or dishonesty in respect of which a person is liable to a sentence of imprisonment is a prescribed offence under Section 12 (1)(b) of the Legal Profession Act. This complaint having been made and upon proof of the attorney’s conviction under section 35(1) of the Larceny Act, we find her in breach of The Legal Profession (Canons of Professional Ethics) Rules Canon 3 (k)(i). Accordingly it is hereby ordered that Miss Myrtle Johnson be struck off the roll of attorneys-at-law admitted to practise in the island of Jamaica.
MR. CHRISTOPHER BOVELL
MR. RICHARD DONALDSON
MR. ALLAN WOOD