Attorney Stephen Fraser SC has rejected a judge’s finding that he committed fraud on the court in relation to a land case.
The declaration was made by Justice Sandil Kissoon on March 14th when he threw out a case which Fraser had presented on behalf of his client, Deborah DaSilva DeSantos. The judge also removed DeSantos as the executrix in relation to the land .
Responding to the Sunday Stabroek in relation to Justice Kissoon’s ruling, Fraser supplied the following statement: “We are of the view that Justice Kissoon erred both at law and fact in concluding, amongst other things, that Snr. Counsel committed a fraud on the court. The judge must have taken extraneous matters into account. The decision has been appealed.
“We have no doubt that the judgment will be set aside in its entirety, and the disparaging remarks expunged from the record. Needless to say all allegations of fraud and misconduct are vehemently denied. There has been no violation of any code of ethics or otherwise by Snr Counsel who has done nothing more than zealously represent his client’s interests. Judges are not immune from human frailties. At times, it clouds objectivity”.
Yesterday, a more detailed statement was issued on Fraser’s behalf in a press release from attorney Nigel Hughes.
That press release said that one of the most elementary principles of law and perhaps the foundation of several legal systems is the concept of natural justice and the right of an accused to be heard before the pronouncement of judgment or the findings of fact made by any court of law.
In the case of Dershanie Harrilall and others versus Deborah De Santos and others, the press release said that Fraser was neither a party to the action nor was he afforded any opportunity to be heard on any of the issues which Justice Kissoon proceeded to make adverse findings on.
“At no stage during the proceedings was any allegation put to Senior Counsel Mr. Fraser S.C.. No testimony was led by any witness of any involvement by Mr. Fraser S.C. in any aspect of the dispute which engaged the attention of the Honourable Mr. Justice Kissoon.
“It would appear that these matters escaped the deliberations of the trial judge who not only proceeded to make adverse findings inclusive of hostile comments on the conduct of the attorney but more disturbingly pronounced upon the conduct of Senior Counsel who was never afforded any opportunity to be heard on any allegations which were never put to him during the trial.
“This is a most unusual and unprecedented development in the jurisprudence of Guyana”, the statement from Hughes said.
The press release added that the “unfortunate judgment” of the court was appealed shortly after it was issued and the Appellants have confidence in the appellate procedures which are afforded to them under the laws of Guyana.
“All the findings and pronouncements of the trial judge in the delivery of his judgment in relation to the conduct of Senior Counsel are rejected without reservation as they were not only without basis in law and fact but disclosed a rush to judgment against a person who was not a party to the proceedings and was never afforded any opportunity to be heard at any stage on the matters upon which the Trial Judge made pronouncements .
“It is the hope of Senior Counsel that the appellate proceedings will be heard expeditiously as the creeping encroachment on the fundamental principle of natural justice and the right to be heard, guaranteed to all citizens appears to be under severe challenge”, Hughes’ press release added.
On Tuesday Justice Kissoon ruled that a marina and boating services property in Essequibo sold to Antares Inc back in 2017 had been fraudulently sold below value by the daughter of the deceased to whom the property was willed as trustee of beneficiaries.
Justice Kissoon said that in on the fraud, was lawyer for the daughter (the executrix), Fraser; while the record showed that the sale was to a company established after the testator’s death and staffed with immediate relatives of the executrix.
The Judge noted that as an officer of the Court, Fraser’s actions ought to be condemned in the strongest possible terms.
The Claimants, who are beneficiaries of the estate in question, of Anthony DaSilva, raised allegations against the executrix of “self-dealing, breach of trust, malversation of office, dishonesty and fraud.”
As a result, the sale has been set aside and the daughter has been removed as executrix and has to pay $5,000,000 in damages for the fraud she has committed.
With the daughter’s removal, wife of the deceased, Dershanie Harrilall, has instead now been appointed Administratrix of her late husband’s estate.
