Elsworth Johnson
Bahamas Bar Association President Elsworth Johnson said yesterday he has "very serious concerns" about the conduct of attorney Geoffrey Farquharson, pointed out by the Court of Appeal, who formerly represented Kofhe Goodman during his trial for the murder of 11-year-old Marco Archer.
Johnson said the association will examine the matter and "if necessary the appropriate action will be taken".
"Obviously it is something the Bar will have to take a look at," Johnson told The Nassau Guardian.
"Obviously, I don't know whether or not, in terms of there were some referrals to the counsel and attorney involved, whether or not he will appeal certain decisions because it relates entirely to him, but we have a ruling of the Court of Appeal and it is one that just cannot be dismissed.
"It is one that has to be considered by the Bar and if necessary the appropriate action will be taken.
"And I can say that the lawyer involved, this is not the first time that concerns have been expressed."
In a 73-page ruling, the Court of Appeal found that adverse pretrial publicity and the misconduct of Farquharson made the trial unfair.
On August 2, 2013 Goodman was found guilty of Marco's murder.
Goodman appealed the decision in March 2015.
A retrial has been ordered as soon as possible.
"I looked at that decision and said even those persons who public opinion may say are the scum of society, can be afforded a fair trial in terms of his appeal, and be afforded fairness and objectivity in the court of law, and thereby ensuring everybody that, that opportunity presents itself for them," Johnson said.
"Now obviously, he (Goodman) is going back to have this matter tried and they have raised the issue of public scrutiny of the matter, and one of the things I want to be careful on is what I would say.
"But I will say this, I sat during the trial and I was very concerned.
"Whether or not my opinion is right or wrong, I was very concerned by the way the counsel, an attorney, could conduct himself, especially as it related to his interaction with the court and his colleague.
"It raised very serious concerns and I think, but for the fact that the matter was on appeal, and now the matter is going back to a trial, I reserved my opinion.
"I know that the code of conduct allows one to vigorously defend the case and put vigorous arguments respectfully to the court on legal issues, but I had serious concerns about the way, the manner, the tone and the tenor.
"It is not that I am passing any judgement on anybody, but I had very serious concerns to the point that on hearing what was happening I had to go down [to the court] and just observe it.
"And one of my opinions was... if you wanted in that case, to my mind, if a student of law wanted to see how not to treat with the court or how not to treat with colleagues, that was a perfect case."
Justice Bernard Turner fined Farquharson $2,000 for contemptuous remarks he made during the course of the Goodman murder trial, which ended October 2013, when Goodman was sentenced to death for the September 2011 murder of the primary school student.
Geoffrey Farquharson
In July 2013, Farquharson accused the court of "blatantly and flagrantly disregarding the law and making up the law on which it purports to act".
During sentencing, Turner said he was compelled to punish Farquharson to spare another judge from the same behavior. He served a 14-day sentence after he told the judge he had "no intention" of paying the fine to avoid incarceration.
Johnson said the Bar Association has an obligation to try its best to regulate, in accordance with the law, the conduct of its members. He said the association, by doing so, upholds its legal obligation to protect the public and to protect the administration of justice, so "it remains fortified for all, for The Bahamas".
Royston Jones Jr., Guardian Staff Reporter
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