BASSETERRE, ST. KITTS (March 5th 2017) – The St. Kitts and Nevis Bar Association has condemned Prime Minister Dr. the Hon. Timothy Harris on what it said is an “unwarranted full frontal attack on the St. Kitts and Nevis Bar Association.”
In a statement over the weekend, the Bar said it has become necessary to respond to those unfortunate comments to ensure that the public is accurately informed.
“To say that the St. Kitts and Nevis Bar Association does not regulate itself or its members is completely inaccurate,” said the Bar, which pointed out that The Legal Profession Act was enacted in 2011 and the new Council of the St. Kitts and Nevis Bar Association headed by Charles Wilkin QC immediately proceeded to take steps to set up a Disciplinary Committee as provided for in the Act.
“In February of 2012, eight persons were appointed to the Disciplinary Committee by the Honourable Chief Justice of the Eastern Caribbean Supreme Court and the appointment was published in the Official Gazette. One of the initial appointees was the current Governor General Sir S. W. Tapley Seaton QC, who has since demitted office. Pursuant to the Legal Profession Act, Mrs. Janine Harris-Lake, in her capacity as Supreme Court Registrar, serves as the Secretary of the Disciplinary Committee,” said the statement.
It added: “It is open to members of the public who feel that an act of professional misconduct has been committed by an Attorney-at-Law to submit a complaint in accordance with the provisions of the Act to the Secretary of the Disciplinary Committee at the Registrar’s Office in Basseterre, St. Kitts or at the High Court Registry in Nevis.”
The Bar Association further pointed out that the Disciplinary Committee, whose Secretary is Mrs. Janine Harris-Lake, the Prime Minister’s sister, meets regularly to consider complaints filed by members of the public.
“To date, 25 matters have been brought before the Committee, most of which have been already dealt with,” the Bar Association said.
The Bar also stated that the disciplinary powers given to the Disciplinary Committee by the legislation are limited.
“The Committee is not empowered to suspend or disbar a practitioner. Such power lies with the Eastern Caribbean Supreme Court. The Honourable Attorney General can move the Court for such action. The Association has recently called on the Honourable Attorney General to initiate such action against a practitioner. We await the action of the Honourable Attorney General on the matter,” said the Bar. The Attorney General is Mr. Vincent Byron Jr.
According to the Bar, legislation to strengthen certain aspects of the Legal Profession Act has been drafted by the Bar Association and submitted to the Attorneys General’s Chambers for implementation and the Bar is still awaiting action in this regard.
“Further, after a lengthy consultation process with members of the Bar as well as a notable accounting firm in St. Kitts, in 2014 the St. Kitts and Nevis Bar Association drafted Clients Account Rules and submitted same to the then Minister of Legal Affairs for publication in the Official Gazette so that they could come into force. The Clients Account Rules mandate that Attorneys-at-Law keep client funds separate from their own funds and that certification from an Accountant to that effect be filed annually. The Rules were not published by the former administration and requests were made to the current administration in 2016 and again as recently as February of 2017 to publish the Rules in the Gazette but to date there has been no publication,” the Bar statement said.
“It is unfortunate that the comments of one member of the St. Kitts and Nevis Bar Association in his personal capacity calling on the government of St. Kitts and Nevis to activate or enact good governance legislation has led to an unwarranted full frontal attack on the St. Kitts and Nevis Bar Association by the person holding the highest executive office in the Federation,” the Bar said in its statement.
The St. Kitts and Nevis Bar Association said it does not and will not engage in partisan party politics.
“While we fully understand the nature of politics, and that comments are made in a political forum to have a particular impact on the electorate, or a particular segment of the electorate, we feel duty bound to respond to the comments of the Honourable Prime Minister in the interest of educating the public, a mandate of the St. Kitts and Nevis Bar Association that we take seriously. We support the proper exercise by any member of our Association, and in fact, any member of the public, of the fundamental right of free speech,” the Bar said.
Photo 1 – St. Kitts and Nevis Prime Minister Dr. the Hon. Timothy Harris
Photo 2 – Attorney General Hon. Vincent Byron Jr
*This article was posted in its entirety as received by SKN PULSE. This media house does not correct any spelling or grammatical errors within press releases and (or) commentaries. The views contained within are not necessarily those of SKN PULSE.
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