‘EXCESSIVE’

Valerie Neita-Robertson, King’s Counsel (KC), believes the two-year suspension handed to her client, attorney-at-law Isat Buchanan, for offensive comments about the country’s chief prosecutor, Paula Llewellyn, is excessive. She is contemplating appealing the sentence.

Buchanan, who was found guilty of professional misconduct, pleaded guilty to breaching canons I(b) and VIII(b) of the Legal Profession (Canon of Professional Ethics) Rules last month.

He was on Tuesday suspended for two years and fined $520,000 by a disciplinary panel of the General Legal Council (GLC).

In August, while co-hosting a programme on the social media platform YouTube, the attorney quoted from the lyrics of the song The Menace by convicted killer and dancehall artiste Vybz Kartel, in which he directed that Llewellyn perform a sexual act.

The comment set off a firestorm of criticisms, triggering Buchanan’s resignation from several positions he held at the time and a complaint to the disciplinary committee of the GLC by GLC Chairman Denise Kitson, KC.

Shortly after the incident, Buchanan publicly apologised for his utterances, which were described by many as “vile, crass and misogynistic”.

In the subsequent hearing, Buchanan again apologised and opted not to challenge the complainant by pleading guilty.

The panel, in the published judgement, said: “The behaviour of the attorney and the language which he used was profane, offensive, derogatory and plainly inappropriate in nature, tone and content.”

“He demonstrated a complete lack of respect for the office holder of the DPP (director of public prosecutions), the minister of justice and the Constitution,” it said further.

The panellists were of the view that the comments not only negativised the law profession but also demeaned the lawyer.

“As members of the legal profession sitting on this panel, we are embarrassed by his language and conduct. He has brought the profession to its lowest in the eyes of the public and profession,” they noted.

DISSATISFIED WITH SENTENCE

But Neita-Robertson, who is dissatisfied with the sentence, has accused the panel of not giving adequate weight to her client’s remorse.

“We are looking at appealing the sentence because we think it was excessive. We don’t think that his taking responsibility, his apologising, etc., was given sufficient emphasis,” she said.

Neita-Robertson, at the same time, emphasised that her client took responsibility for his actions, while noting that it was commendable.

“He did the right and honourable thing. He took responsibility for the comments that were made. Remember, he apologised before that and he apologised again,” she said.

But the panel said it took note of Buchanan’s apology and plea of guilt as mitigating factors.

However, it noted as an aggravating factor, that less than a year after he was found guilty professional misconduct in relation to “disparaging comments made about the same DPP, found himself in a similar situation”.

Noting that Buchanan has “clearly not learnt from the first complaint”, the panel noted that his behaviour would have caused him to be struck from the roll in other jurisdictions.

In relation to the fine, he is to pay $500,000 to the GLC within 60 days and a $20,000 cost to the GLC within 30 days.

Reacting to the sentence, Buchanan shared that he is mostly worried about his clients and is sad that he will not be able to represent them.

Among his clients is the incarcerated Palmer, whose appeal is scheduled to be heard by the Privy Council in the United Kingdom on February 15 next year.

In 2014, Palmer was sentenced to life imprisonment for the murder of his associate Clive ‘Lizard’ Williams. He will be eligible for parole once he has served a minimum of 35 years in prison.

Kartel’s co-convicts Shawn‘Shawn Storm’ Campbell, Kahira Jones and Andre St John will also have their matter heard in the Privy Council.

However, Buchanan’s suspension will not impact the appeal as there are 16 lawyers appearing for the quartet.

According to sources, Buchanan wanted a stay of his suspension to deal with the appeal, but the request was denied.

Overall, Buchanan said, “It is all in life and buy my EP when it comes out next week and the song is about keep moving on and persevering. The song is called All in Life.

Neita-Robertson, however, is optimistic that her client – who she describes as talented, competent, and a lover of the law – will bounce back.

“He loves the law, and to be absent for any time is not something he is happy with, but he will survive,” she said.

tanesha.mundle@gleanerjm.com