RESULT: Struck off, Restitution Ordered | Disciplinary Committee decision delivered July 09, 2005.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO. 45 OF 2003
IN THE MATTER OF ROHAN BROWN vs DERRICK DARBY
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT
PANEL:
MISS HILARY PHILLIPS, Q.C.
MRS. MARGARET MACAULAY
MR. DAVID BATTS
DECISION DELIVERED 9th JULY, 2005
UPON THE APPLICATION dated the 15th July, 2003 made under section 12(1)(a) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 9th July, 2005
AND UPON the Complainant Rohan Brown et al appearing and having given evidence on oath
AND UPON the attorney Derrick Darby not appearing
AND UPON DUE CONSIDERATION of the evidence of Rohan Brown
THE COMMITTEE FINDS the attorney guilty of professional misconduct
PURSUANT TO THE FOREGOING FINDINGS, THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- The name of the attorney Derrick Darby be struck from the Roll of attorneys-at-law entitled to practice in the several Courts of the Island of Jamaica.
- The attorney Derrick Darby is hereby Ordered to pay to Mr. Rohan Brown by way of restitution the sum of $434,000.00 with interest thereon at the rate of 12% per annum from 30th January, 2002 until payment.
- That the attorney Derrick Darby pays costs of $20,000.00 to Mr. Rohan Brown. This order is made under the provision of section 12(4)(a) of the Legal Profession Act.
MISS HILARY PHILLIPS, Q.C.
CHAIRMAN OF THE PANEL
Dated 30th Day of September, 2005