Estranged attorney-at-law, Kenroy Samuel intends to challenge the role played by former President of the Grenada Bar Association (GBA) Jimmy Bristol in a move made by the Grenada Bar Association (GBA) to disqualify him from practicing in the local courts.
Samuel is accusing Bristol, a former Attorney-General in the 2008-13 government of the National Democratic Congress (NDC) of acting as the lawyer in the case brought by the local bar and also as a witness in the same case.
THE NEW TODAY has obtained court papers that were filed on behalf of the Antigua-born attorney by the law firm of GRENLAW Chambers in which it is seeking to get the Court of Appeal to reverse the decision handed down by a female high court judge which resulted in the Supreme Court Registry striking out his name from the roll of attorneys.
Justice Margaret Mohammed ruled that Samuel did not disclose the fact that he was disbarred from practicing law by the State of New York in the United States when he filed papers to be admitted to the bar in Grenada to operate in the local courts.
The move against Samuel was triggered off by Attorney-General, Cajeton Hood out of whose law firm, Justis Chambers that the Antiguan attorney was assigned when he came to operate on the island.
Samuel is contending that Justice Margaret Mohammed “erred in law and misdirected herself when she made critical findings of fact, upon hearsay evidence of James Bristol who was both counsel and deponent in the case before her”.
He accused the female high court judge of depriving him of the advantage of cross-examining Bristol “which he would have otherwise enjoyed had Bristol not acted as Counsel and witness before the court”.
The embattled attorney-at-law also plans to take issue at the level of the Court of Appeal with the approach used by Justice Mohammed to handle the case brought against him by the local Bar Association.
He said: “…The procedure adopted by the court for the hearing, and determination of that application (by the Bar Association) was irregular and unfair in that she (Justice Mohammed) placed disproportionate and improper reliance on the deposition of James Bristol, (former) President of the Grenada Bar Association whom she inappropriately permitted to appear before her as both Counsel and Witness in the matter before her”, said the court papers filed.
According to the court documents, Samuel is also taking issue with the judge for not taking the necessary steps to bring AG Hood to court to give evidence since it was on his urging that Bristol got involved in the matter.
“The learned trial judge erred in law when she failed to invite the Attorney General to be heard in the proceedings or otherwise give a management direction that the Attorney General be heard properly in the proceedings before her since she determined that it was desirable in the Public interest, given the nature and purpose of the matter before her that the Attorney General to be properly and formally be heard in the Court”, the document said.
Samuel is trying to get the Court of Appeal to issue the following order: “That the Court of Appeal set aside and reverse the Judgment of the Learned trial Judge delivered on the 23rd day of September 2014 and restore the Appellant to the role of Attorney-at-law in Grenada and that the Appeal be allowed with costs to the Appellant.