Gordon Robinson | Wha’ a gwaan Jamaica?

So a young lawyer with a chequered past has been denied his professional livelihood for two years because he lewdly abused a colleague.

From the outset (2017), due to a criminal record, permission for Isat “Little Youth” Buchanan to practice law was unpopular. But General Legal Council (GLC) let bygones be bygones based on current character references. Its arm was also bent by a Grenadian appellate court decision allowing a multiple murder convict to practice.

Little Youth was on his way. But, by 2022, he was found guilty of professional misconduct for commenting on a case on appeal to Privy Council. D.P.P. had reported him for disparaging remarks about her but they were held protected by free speech. He was, however, sanctioned for breaching the “sub-judice rule” which I’ve repeatedly opined is complete nonsense. I wrote (February 16, 2018: The Fourth Power):

“Another vestige of legal imperialism from Britain….is the so-called ‘sub judice’ rule. Its principle (persons, especially media, shouldn’t intentionally publish anything designed to prejudice pending court proceedings) is sound. But it has its roots in [restricting] comment on Her Majesty’s court proceedings as if courts were sacred cows and not just an independent branch of government, whose duty is public service”

How can judge-only proceedings be prejudiced? Even in jury trials, Judges instruct juries what to consider.

In 2023, while co-hosting You-Tube’s Pawdna Draw TV, Little Youth made a lewd suggestion to Paula. Jamaican society jumped all over him like Dick Fosbury in Mexico 1968. He experienced widespread public odium and was forced to resign high profile appointments. GLC Chairman complained to GLC. Little Youth pleaded guilty; apologized; and threw himself on the mercy of GLC’s Disciplinary Committee.

Systemic corruption?

He’s told he was lucky not to be struck off; suspended for two years; fined $500,000; and ordered to pay $20,000.00 costs! For foul-mouthed abuse in a non-professional environment not alleging professional or systemic corruption? Really? Seriously?

GLC relied on its oft used sound bite from UK Appeal Court ( Bolton v Law Society; 1994):

“…the reputation of the profession is more important than the fortunes of any individual member.”

So how does one damage the “reputation of the profession”? In Bolton, Sir Thomas Bingham MR opined:

“Any solicitor shown to have discharged his professional duties with anything less than complete integrity, probity and trustworthiness must expect severe sanctions to be imposed by Solicitors Disciplinary Tribunal (SDT). Lapses from the required high standard may, of course, take different forms and be of varying degrees. The most serious involves proven dishonesty….. In such cases SDT has almost invariably, no matter how strong the [solicitor’s] mitigation, ordered that he be struck off the role.”

So, we’re looking for lack of “integrity, probity and trustworthiness” in conducting “professional duties”. Bolton’s case involved misappropriation of client’s funds but there were mitigating factors. SDT suspended Bolton for two years. Divisional Court substituted a £3,000.00 fine. Appeal Court dismissed Law Society’s appeal because too much time had passed for suspension reinstatement but agreed suspension was justified for conduct considered “wholly unacceptable” and “very serious indeed.”

But Little Youth wasn’t discharging any professional duty and “integrity, probity and trustworthiness” are all akin to dishonesty although needn’t involve deliberate dishonesty. Despite Little Youth’s guilty plea (maybe recognized aggravating the panel with argument could’ve been counter-productive) the bringing the profession into disrepute charge seems spurious to me. It should’ve resulted in a mere reprimand. I don’t see Little Youth’s misconduct (coarsely cussing a colleague), albeit unbecoming of an Attorney-at-law, as being the type Sir Thomas Bingham envisaged when he said solicitors acting with less than complete integrity must expect severe sanctions. Sir Thomas was applying his mind to “complete integrity, probity and trustworthiness.” All these concepts are akin to dishonesty.

“The quality of being honest”

I don’t support Privy Council but I’m a big fan of Oxford English Dictionary which defines “probity” as “the quality of being completely honest”; “trustworthiness” as “the quality of always being good, honest, sincere, etc. so that people can rely on you”; and “integrity” as “the quality of being honest.”

So to bring a profession into disrepute we’re looking for dishonesty; actions akin to dishonesty; or public accusations, without foundation, of professional dishonesty. Little Youth’s abominable indiscretion obviously deserves a hefty fine but, in my opinion, nothing more.

In February 2023 GLC suspended an attorney for one year for alleging, without merit, a senior counsel colluded with a Judge against her client. For this unfounded allegation of systemic corruption GLC found the Attorney in breach of four canons including the two with which Little Youth was charged.

To quote Barack Obama “Wha’ a gwaaan Jamaica?”

Peace and Love.

Gordon Robinson is an attorney-at-law. Send feedback to columns@gleanerjm.com