Summary
The contempt conviction of an advocate was set aside where disputed client allegations were accepted without a proper opportunity to adduce evidence or cross-examine the complainant. The Court also considered the Bar Council’s rejection of misconduct and compliance with its fee-refund direction.
Issues
- Whether the disputed allegations and procedure afforded a lawful basis for the advocate’s contempt conviction.
Held
- On these facts, an affidavit opportunity alone did not provide the necessary chance to answer the allegations. Neither the referring court nor the High Court had afforded participation through evidence or cross-examination capable of testing the disputed complaint. Conviction could not rest solely on those allegations. (¶ 2–3)
- The disciplinary authority had treated the matter as withdrawal and deficient services warranting a partial refund, not the alleged misconduct. Together with the procedural failure and completed refund, that supported setting aside conviction and sentence. (¶ 4–5)
Result
Appeal allowed; contempt conviction and sentence, including the fine and two-month suspension from practice, set aside. Pending applications disposed of.