RESULT: Struck off | Formal order of Disciplinary Committee decision delivered July 31, 2021. || RESULT: Struck off | Sanction Hearing of Disciplinary Committee decision delivered July 31, 2021.
FORMAL ORDER OF THE
DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 128/2019
IN THE MATTER OF ALLAN S. WOOD and MICHAEL LLOYD WILSON an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mrs. Ursula Khan Chairman
Jeffrey Daley
Miss Carlene Larmond, Q.C.
DECISION DELIVERED ON 31ST JULY 2021
UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated 25th July 2019 along with supporting Affidavit sworn to on 25th July 2019 and coming on for hearing before the Disciplinary Committee on 9th November 2019, 25th January 2020 and 4th and 29th February 2020, 31st October 2020 and 16th December 2020,
AND UPON the Complainant Allan Wood appearing with Counsel Shana Kay Shirley and having given sworn evidence on oath,
AND UPON the Attorney-at-Law, Michael Lloyd Wilson (the Attorney) appearing with Counsel Carolyn Reid-Cameron, Q.C. and Chukwuemeka Cameron but having declined to give evidence on oath,
AND UPON DUE CONSIDERATION of the sworn evidence of the Complainant, coupled with the documentary evidence and submissions of the Complainant and the submissions of Counsel for the Attorney,
AND UPON the Committee finding the Attorney, Michael Lloyd Wilson guilty of professional misconduct on 31st October 2020,
AND UPON Counsel for the Attorney calling five character witnesses and making oral and written submissions to the panel in mitigation of sanction,
THE COMMITTEE FINDS THAT:
- The Attorney was a director of a company in the United Kingdom called Global Wines Investments Limited through which members of the public paid money to purchase expensive vintage wines as an investment; that in most cases investors did not receive any wine at all and instead lost their money and that the total losses which the Attorney has taken in the form of cash withdrawals, transfers and other payments amounted to UK £100,000.00.
- The criminal offence for which the Attorney was convicted in the United Kingdom and sentenced to 3 years imprisonment and disqualified from acting as a director of any company for 7 years was the offence of possessing criminal property contrary to the Proceeds of Crime Act (UK).
- The Attorney has been convicted of a criminal offence, the basis of which involved an element of deception and dishonesty, in particular the unauthorized use of significant amounts of money invested with and entrusted to Global Wines Investments Limited, a company of which he was a director and which said funds he withdrew for his own purposes.
- The criminal offence of which the Attorney was convicted is of a nature likely to bring the profession into disrepute in Jamaica.
- At the sanction hearing the Respondent Attorney did not place before the Panel evidence of relevant factors peculiar to the dishonesty that would demonstrate that his case be placed in that small category where a striking off would be a disproportionate sentence.
In the circumstances the panel finds that the Attorney Michael Lloyd Wilson has breached Canon III(k) of the Legal Profession (Canons of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
Pursuant to Section 12 (4) of the Legal Profession Act:
- The Attorney-at-Law Michael Lloyd Wilson be struck from the Roll of Attorneys-at- Law.
- He pay costs to the General Legal Council in the sum of $100,000.00.
DATED 31st July 2021
Mrs. Ursula Khan Chairman
Jeffrey Daley
Miss Carlene Larmond Q.C.