BASSETERRE, St. Kitts – IN a release issued on Friday (Feb. 3), the St. Kitts and Nevis Bar Association has deemed comments made against the legal fraternity by Prime Minister Dr. the Hon. Timothy Harris regrettable and uninformed.
“It is regrettable that the Honourable Prime Minister of St. Kitts and Nevis saw it fit to make uninformed statements concerning the St. Kitts and Nevis Bar Association in a public forum and 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.”
The local Bar Association’s statement came in response to comments PM Harris recently made at one of the town hall meetings in celebration of Team Unity’s Second Anniversary in Office, dubbed ‘Good Governance and Accountability for Prosperity’.
At that public forum, Dr. Harris lashed out at the local fraternity, saying: “The Bar Association has yet to come to the public with its approach to discipline and self-regulation when poor people have been taken advantage of, and yet they want to be the first to talk about good governance. They are not serious about good governance! Good governance, like charity, must start in their home and in their association.”
The Prime Minister’s comments came in the wake of a radio commentary presented by former President of the Bar Association, Charles Wilkin, QC, in which he spoke to the alleged conflict of interest issue involving Minister Ian ‘Patches’ Liburd.
“A Minister who allows his personal interests to conflict with his public duties breaches his Oath of Office and may be guilty of misfeasance in public office. Engagement by a Minister in business, a profession or occupation is a breach of duty and misfeasance in public office.”
Wilkin also said that the law allows anyone whose business is financially affected by the active engagement by a Minister in a competing business to sue the Minister, and that available claims include damages for loss suffered and an injunction to stop the Minister.
“The Minister,” he stressed, “cannot therefore hide behind Cabinet for protection.”
The Bar Association’s release explained that the Legal Profession Act was enacted in 2011 and that the new Council of the Federation’s Bar Association, which was at that time headed by Wilkin, immediately proceeded to take steps to set up a Disciplinary Committee as provided for in the Act.
The release also explained that in February 2012, eight persons were appointed to the Disciplinary Committee by the Hon. Chief Justice of the Eastern Caribbean Supreme Court and the appointment was published in the Official Gazette.
One of the initial appointees, it noted, is the current Governor-General, Sir 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. 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 release read.
The Bar Association explained that the Disciplinary Committee meets regularly to consider complaints filed by members of the public and, to date, 25 matters have been brought before it, most of which have been already dealt with.
The Association further explained that disciplinary powers given to the Committee by the legislation are limited and it is not empowered to suspend or disbar a practitioner. Such power, it added, lies with the Eastern Caribbean Supreme Court and the Attorney-General could 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,” the release said.
The Association declared that legislation to strengthen certain aspects of the Legal Profession Act was drafted by that body and submitted to the Attorneys-General’s Chambers for implementation and they are still awaiting action in that 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 Association explained.
The Association however informed that the Rules were not published by the former administration and requests were made to the Team Unity Government in 2016 and again in February this year to publish the Rules in the Gazette, but to date there has been no publication.
“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 Association enunciated.
The Bar Association emphatically stated that it does not and would 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.”
