In re Application for admission as a Barrister and Solicitor by A [2014] FJHC 39
A sought admission to the Bar. His application was objected.
A was an employee of the Legal Aid Commission. He was a senior Administrative Officer. During his employment, he studied the Professional Diploma in Legal Practice course at the University of the South Pacific. He had obtained approval for study leave with the condition that he undertook official duties either before or after classes, including weekends. As a senior Administrative Officer, A was heavily burdened with public tasks. The course lasted for 21 weeks.
The university did not permit students to engage in any form of employment, either full-time or part-time. During the course, A handled important office construction projects and the preparation of annual budget. A did not tell the university. A did not obtain approval from the university.
The High Court concluded that it was likely that the university staff would have been aware of the situation. The High Court could not conclude that A on the allegation was not a fit and proper person to be admitted as a barrister.
In re Application by B [2013] FJHC 439
B was born on 29 July 1952. He completed his BA degree in Economics in 1975 and joined the civil service. In 1988, he became the Director of Economic Planning. In 1978, he went to study a Master of Science degree. He obtained the degree in 1981 and he resumed his civil service. In 1990, he was posted to the United Nations. In 1993, he became the Deputy Secretary of Ministry of Finance. In 2001, he was awarded the Civil Service Medal. In 2004, B’s civil service was terminated. At the time, he was the Chief Executive Officer of the Ministry of Labour. His service was terminated because he was alleged to have committed offences of obtaining money by false pretences during his overseas trips in 2002 and 2003. It was alleged that the Government had provided monies to him to travel by Business Class. However, he chose to travel by economy class and kept the balance.
On 5 October 2010, B was convicted of 3 counts of obtaining money by false pretences. He was sentenced to 3 years imprisonment. His appeal against conviction and sentence. The Court of Appeal reduced the sentence to 2 years and dismissed the appeal against conviction. He served his terms. His Prisons Report described him with “untiring efforts, outstanding behaviour and exemplary leadership of inmates”.
In 2011, he obtained an LLB from the University of the South Pacific. In 2012, he was awarded the Graduate Diploma in Legal Practice.
B sought admission to the Bar. He was 61. His application was objected. The issue was whether or not he could be trusted in the capacity of legal practitioner.
The High Court concluded that “it was unlikely that as a man of 61 years, with everything that had transpired in his life, that he would re-offend, or that he would give cause for practitioners or the public to doubt his integrity”.
In re Application by C [2002] FJHC 91
C sought admission to the Bar. His application was objected on the ground that C had failed to disclose a pending criminal charge against him and the finding against him by a disciplinary proceeding in his law student days.
Regarding the pending criminal charge, the High Court concluded that a person charged with an offence was presumed to be innocent until proven guilty according to law.
As for C’s indiscretions during his university days, the High Court noticed that the university had decided neither to expel C from the studies nor refuse to award him the law degree and completion certificate. The High Court also considered that C had been punished for his past indiscretions at the university. It would wrong to punish a person twice.
The High Court accepted that ‘people can and do change’.