Judge orders Registrar to issue practising certificate to attorney Warren Cassell
A High Court Judge has directed the Registrar, Montserrat to issue forthwith a Practicing Certificate to Attorney-at-law Warren Cassell.
Justice James Bristol on Friday, 7th October, 2016 made the order allowing Cassell to practice his profession. He had been without a practicing certificate since February 2015, which prevented him from practicing law.
The Montserrat Reporter had learned that the Registrar refused to issue the certificate because of two outstanding judgments against Cassell.
Cassell resumed his practice following his prison release in June 2013, on convictions, which were subsequently quashed by the Privy Council earlier this year. Following a relentless move to prevent the fast becoming adept attorney from practicing, the refusal by the Registrar to issue him the Certificate was made possible following passage into law of the Legal Profession Act, 2014, on June 2014.
Section 24 (2) (i) of the Legal Profession Act prevented the Registrar from issuing a certificate to an Attorney-at-law who “after having had given against him any judgment which involves the payment of moneys (sic) other than costs ….and without having produced evidence of the satisfaction of the judgment.”
According to the Act, an Attorney who has outstanding judgments against him was mandated to apply to the court for his certificate to practise.
Although aware that Cassell had lodged an appeal to the Privy Council against his convictions, the Montserrat law makers moved to pass what has been commonly referred to as “the legal profession (Warren Cassell) Act which saw Section 24(2) of the principal Act amended by inserting the following as paragraph (j): “(j) if he has been convicted of an indictable offence.”
Mr. Cassell had filed his application to the court, however the first time the application was heard by the court, the then presiding judge indicated that no attempts were made to satisfy any of the two outstanding judgments against Cassell. The application hearing was adjourned for six months and the court ordered Cassell to start payments towards the outstanding judgments.
On Friday, October 7, 2016, Attorney-at-law Dr. David Dorsette out of Antigua, acting on behalf of Warren Cassell presented evidence to the court showing that one judgement was fully paid up and several payments were made towards the other.
It was not surprising however when, ruling in favor of the issuing the practicing certificate to Mr. Cassell, the Hon. Justice Bristol (Ag.) commented that the section 24(2) (i) of the Legal Profession Act “bordered on being unconstitutional”, as it is more difficult for an Attorney-at-law who is not practising to service any financial judgment.
After hearing briefly from Counsel representing Cassell, Dr. David Dorsette (who was on the team that successfully represented Cassell at the Privy Council) and the after Counsel Sheree Jemmotte-Rodney from Attorney-General’s chambers backed down from objecting to the issuance of the Practising certificate for Cassell, the learned Justice James Bristol ordered that “the Registrar do issue to the Applicant a practicing certificate for the year 2016 forthwith i.e. no later than 4:00 p.m., Monday 10th October, 2016.”
In the meantime, however, Dr. Dorsette before returning to Antigua, hinted he is discussing with his client whether to pursue a constitutional challenge to section 24(2) (i) of the Legal Profession Act.
