Overseas attorneys must be admitted to Bar

Murder trial de-layed one day

The trial of Larry Ricketts and
Kirkland Henry for the murder of Estella Scott-Roberts will start on Wednesday,
27 January, instead of the 26th as originally scheduled.

Justice Roy Jones set the new date
after hearing from Attorney Nicola Moore on Thursday.

Ms Moore, a former Crown Counsel
who now practises with the firm of
Priestleys, told the court that her colleague, Attorney Lee Freeman, had undergone
surgery the previous day.

Mr. Freeman was instructing Delano Harrison QC on behalf of Ricketts.
Another instructing attorney has
been retained, Ms Moore indicated, but the men were unable to arrive on Island in time to be admitted to the Bar on Friday.

The attorneys could not be admitted
on Monday because it was a public holiday – National Heroes Day.

Technically, Ms Moore pointed out,
if they had a conference with Ricketts before they were admitted to practise in the Cayman Islands,
they would be in breach of the Legal Practitioners
Law.

Ms Moore suggested that the
attorneys be admitted, have their conference on Tuesday and the trial start on
Wednesday.

Attorney Adam King advised that
arrangements were in place for Ian Bourne QC to represent Henry.

Attorneys may apply for general
admission if they wish to practise
here on a regular basis or they may apply for limited admission, which entitles
them to act or advise in a specific matter.

The issue of an attorney from
another jurisdiction practising in Cayman received public attention last
year when UK
attorney Martin Polaine was disbarred there following his involvement here in
Operation Tempura (Caymanian Compass, 10 December).

Mr. Polaine accepted, among other
things, that he had given advice on Cayman law when he had not been called to
the Bar of the Cayman Islands.

His advice had
resulted in the arrest of Justice Alexander Henderson and the issuance of
warrants to search his home and office. After judicial review, the search
warrants were found to be unlawful; then, on behalf of police, members of the
Legal Department agreed the judge’s arrest had been unlawful because the alleged
offence of misconduct in public office is non-arrestable without a warrant (Caymanian
Compass, 28 December 2008).

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