NASSAU, BAHAMAS — The Court of Appeal has affirmed a Bahamas Bar Council Disciplinary Tribunal’s finding of improper conduct against a local attorney for misappropriating client funds. However, it set aside the Tribunal’s decision to have him disbarred after determining that it had breached the rules of natural justice by not allowing submissions on mitigation before deciding on a penalty.
The decision arose from the appeal of attorney Domek D Rolle, who appealed the Disciplinary Tribunal’s decision. The Tribunal found him guilty of improper conduct and ordered his name to be struck from the roll for misappropriating $167,722.23, which represented part of the proceeds from the sale of a property on Harbour Island. Rolle failed to transfer the sum to the estate of Scott H Deal. Rolle subsequently repaid the funds along with interest and costs as ordered by then-Supreme Court Justice Ian Winder before his disciplinary hearing arose.
The Deal estate filed a complaint with the Ethics Committee of the Bar Council in 2019, leading to Rolle’s disciplinary proceedings. During the disciplinary proceedings, Rolle did not provide a witness statement despite requests. He only gave oral evidence on November 17, 2021, and in 2023, the Tribunal found Rolle guilty of professional misconduct and ordered him struck from the Roll, a decision he appealed to the Court of Appeal.
The appellate court allowed the appeal in part, affirming the finding of improper conduct but allowing the appeal against striking Rolle’s name from the roll. The matter was referred back to the Tribunal for reconsideration of the penalty.
The appellate court emphasized the importance of allowing submissions on mitigation before imposing a penalty.
The court noted: “Where an attorney is in jeopardy of a punishment which may adversely affect him professionally, it is a fundamental breach of natural justice to impose a punishment on him without giving an opportunity to make representations as to what punishment should be imposed upon him. The Tribunal did not hear nor entertain any submissions from the Appellant with respect to the mitigation of the penalty to be imposed upon him and thus breached natural justice.”
