Appeal judges to consider recommendations on future of convicted lawyer

The Court of Appeal is scheduled to hear the Barbados Bar Association Disciplinary Committee’s recommendations next week concerning the professional future of a lawyer who was convicted and imprisoned for criminal misconduct in her legal practice.

This was after the attorney in question, Vonda Minerva Pile, was absent from court when the matter was called on Wednesday morning to be heard before Chief Justice Leslie Haynes, and Justices of Appeal Francis Belle and Margaret Reifer.

After the chief justice noted Pile’s absence, Deputy Registrar Irene Stephney informed the court that the attorney had been served with notice via email on three occasions, and those had not bounced back as would be the case if the address had been incorrect. However, Haynes noted that there was no proof that Pile had received those emails.

Solicitor General Anika Jackson, appearing amicus for the Attorney General’s Office along with attorney Reco Yearwood, submitted that the matter should proceed in Pile’s absence.

“This is not an appeal, and all that is required is for Ms Pile to be notified. I understand your concern, which is that we have no evidence that she received notice, but we also have no evidence that she didn’t,” Jackson said, while highlighting the seriousness of the matter and the length of time that had already passed.

Similar sentiments were expressed by King’s Counsel Andrew Thornhill, who appeared amicus for the Barbados Bar Association, which was represented by its president, Kaye Williams, and attorneys Kashawn Woods and Akeem Rowe.

“While I appreciate the court’s cautionary approach at this morning’s proceedings, we are of the view that the presence of Ms Pile is not required in these proceedings,” he said, adding that the hearing was only for the court to consider the report that was forwarded by the disciplinary committee and no evidence was being given.

However, the chief justice said that the matter was of great importance and dealt with an attorney’s rights, and the principles of natural justice inform that Pile should be present.

“This court is an open court. We cannot just put down the law when it suits us and pick it back up at any other time. It is my view that there is no evidence of service of the notice on Ms Pile. It is a matter of great disappointment to me because, as indicated by the Solicitor General, this matter has been going on for far too long,” he said.

“We all came this morning to deal with it but, regrettably, if we deal with the matter, there is a very strong argument that the principles of natural justice would be breached. In the circumstances, we have no option but to adjourn the matter in order to properly serve Ms Vonda Pile with notice of the date of hearing.”

Haynes stressed that electronic confirmation of receipt is needed, saying, “There is something called an email receipt. Once the email is open, there is a receipt that comes up for the person who sent it. We do not have that.”

He urged that a marshal serve the notice on the attorney before May 30.

The Disciplinary Committee was represented by attorneys Rita Evans and Omari Drakes.

Pile was found guilty on June 5, 2019, of stealing $191 416.39 (US$96, 008.22) from former client Anstey King between April 29, 2009, and October 26, 2010. She was also charged with money laundering, but was acquitted. Pile served three years behind bars for the theft. Since her release, she has resumed her legal practice.

The Court of Appeal will determine if the attorney will face any disciplinary sanctions.