RESULT: Repayment Ordered | Disciplinary Committee decision delivered November 01, 2003.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO. 69 of 2000
IN THE MATTER OF BRENDA WILLIAMS ( BERYL-GOVIA) vs NOEL WILLIAMS
AND
IN THE LEGAL PROFESSION ACT
PANEL:
MR. CHRISTOPHER BOVELL- CHAIRMAN
DR. ADOLPH EDWARDS
MR. ALLAN WOOD
DECISION DELIVERED ON THE 1ST NOVEMBER, 2003
UPON THE APPLICATION dated 201h May, 2002 made under Section 12(1)(a) of the Legal Profession act corning on for hearing on the 1st November, 2003
AND UPON Mr. Patrick Bailey appearing as Counsel for the complainant Brenda Williams/ Beryl Govia and having presented documentary and sworn affidavit evidence on their behalf
AND UPON the attorney-at-law Noel Williams not appearing and the Panel having satisfied themselves that Mr. Noel Williams had been properly served in accordance with the Fourth Schedule of the Legal Profession Act
AND UPON DUE CONSIDERATION of the documentary evidence and the sworn affidavit evidence adduced by Mr. Patrick Bailey
THE COMMITTEE FINDS that the attorney-at-law Mr. Noel Williams is guilty of professional misconduct in that the attorney has received on behalf of the complainant the sum of $1,075,00.00 on 30th July, 1997 in respect of sale of premises 45, Jones Town Road, Port Antonio, Portland in respect of which he had carriage of sale. Mr Williams acknowledged that the sum was owed by letter dated 25th January, 2000. Mr. Williams has failed to account for the said sum and therefore is in breach of Canon 7(b) of the( Canon of Professional Ethics) Rules. Attorney Noel Williams had fraudulently converted the said sum to his own use or to the use of another. The conduct of Noel Williams has tended to discredit the profession of which he was then a member. He is in breach of Canon l(b) of the (Canon of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- Pursuant to Section 12(4)(c) of the Legal Profession Act the attorney Noel Williams is to pay to the complainant the sum of $1,075,000.00 together with interest thereon from the 1st August 1997 to the date of payment at the rate of 12% per annum
- The attorney Noel Williams is to pay costs to the General Legal Council in the sum of $30,000.
These orders are made pursuant to section 12(4 )(b) & (c) of the Legal Profession Act.
Dated 12th day of January, 2004
CHRISTOPHER BOVELL
CHAIRMAN OF PANEL