NASSAU, BAHAMAS — The Court of Appeal has ruled that a $35,000 fine against a senior female attorney for contempt was “unduly severe” and reduced the fine to $20,000, although failure to pay the sum within the next 30 days would result in a 21 day prison term.
Attorney Donna Dorsett-Major had been fined for contempt by Justice Indra Charles last December and ordered to pay $20,000 in legal costs before January 31 of this year or serve a three-month prison sentence.
Justice Charles had determined that Dorsett-Major had “knowingly and intentionally fabricated the contents of her affidavit with the objective of demeaning the judge and bringing the court into disrepute and prejudice the due administration of justice”.
“A judge who has been the subject of contempt presiding over the contempt hearing does not breach the right to a fair hearing provided for in Article 20(1) of The Constitution,” read the judgement.
“A judge is imbued with a high sense of objectivity allowing him to be an unbiased arbiter when presiding over proceedings involving a contempt committed against himself.”
The ruling read: “Additionally, contempt is not confined to statements made during an ongoing trial. Contemptuous remarks can be made anywhere, at any time, and in any number of media. Notwithstanding the timing or the forum, the relevant consideration is that the remarks are objectively scandalous and are calculated to lower the level of respect accorded by the public to the Judiciary.
“Further, attorneys are held to a higher standard than the general populace when making contemptuous remarks against the Judiciary. The Bahamas Bar (Code of Professional Conduct) Regulations stipulates that attorneys are under a duty to refrain from making statements which castigate the Judiciary.”
The appellate court found that on the facts, the statements contained in the Dorsett-Major’s affidavit “created a real risk of undermining public confidence in the Judiciary.”
“The statements suggested that the judge was in a conspiracy with the Crawfords against the Appellant and Christopher Stubbs. Thus, the judge was justified in holding the Appellant in contempt of court,” the appellate court noted.
“Finally, the $35,000 fine, when compared to similar cases, is unduly severe. Therefore, the fine of $35,000 is vacated and a fine of $20,000 substituted in its place. The Appellant must pay the fine within 30 days of the date of this Judgment or serve 21 days at the Bahamas Department of Correctional Services.”
