Bar assoc. president: Farquharson could face disbarment if he loses appeal

Mon, Jun 30th 2014, 11:29 AM

Attorney Geoffrey Farquharson, who was jailed for contempt of court, will be able to resume his practice upon his release from prison, according to Bar Association President Elsworth Johnson.
Farquharson, an attorney since 2000, began serving a 14-day contempt sentence on Thursday after refusing to pay a $2,000 fine to purge his contempt for disrespectful remarks made to Justice Bernard Turner during the trial of convicted child killer Kofhe Goodman last year.
Goodman was sentenced to death for the 2011 murder of 11-year-old Marco Archer.
Farquharson, who was in the middle of a murder and attempted murder trial, was taken to Her Majesty's Prisons on the same bus as his client, Christopher Butler.
Johnson said that Farquharson will still be able to practice after serving his sentence, but added that Farquharson's license to practice could be revoked if he loses his appeal of the contempt conviction.
Asked about the future of the trial, Johnson said, "I don't know what the court is minded to do, if the court will adjourn the matter until he comes out, but the person is free to get another lawyer as there are more than 1,200 of us at the bar."
Johnson said the bar planned to forward transcripts of the Kofhe Goodman trial and the John Bull armed robbery trial to the Ethics Committee to determine if any further action will be taken against Farquharson.
According to Johnson, Farquharson "made remarks that may appear scurrilous and condescending to Mrs. Justice Charles" during the John Bull trial.
In transcripts obtained by The Nassau Guardian, Justice Charles rebuked Farquharson for shouting at her and referring to her address during the 2012 trial.
She said, "I ask you to abstain from any comments about the prosecutor, about the judge. One day, you spoke about the judge passing this area every day; you should not do that.
"Nobody should know the whereabouts of a judge and where the judge lives. I don't know if we have a dangerous criminal in court. I don't know.
"I don't know who are the public in this court so you cannot do that. I put it on the record. No lawyer in The Bahamas and no lawyer in any of the courts that I've been a judge has ever been so disrespectful to this court. Please, I'm warning you again. Don't make me move to do anything."
Farquharson retorted, "From the beginning of this trial right up to this very minute, I have been treated with persistent disrespect by the Crown and by the court.
"As in this particular instance, we have a clear, unmistakable breach of proper judicial conduct that the prosecutor committed in the face of the court.
"I stood here and I watched it now for more than a month. This prosecutor sitting in your face and directing witnesses as to how to answer questions; I have been observing it for a month. She continues to do it. When I complain about it as counsel the court becomes defense counsel for the prosecution. My lady, that is astonishing."
Johnson said the bar "will not entertain anybody who insults the court and we encourage the court to exercise the power of civil and criminal contempt".
He said that more than anybody else in society "lawyers should know acceptable actions and commentary in reference to the court".
He added that once public confidence in the judiciary is gone, the society is lost.

Click here to read more at The Nassau Guardian

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