Tue | Oct 23, 2018

Brady's attorney wants DPP to toss criminal case

Published:Thursday | January 11, 2018 | 12:00 AMLivern Barrett/Senior Gleaner Writer

Lawyers for disbarred attorney Harold Brady have described the decision to file criminal charges against him for allegedly defrauding the state-owned Factories Corporation of Jamaica (FCJ) of more than $140 million as an abuse of process, and have asked the Office of the Director of Public Prosecutions (ODPP) to end the case.

That assertion was made yesterday after Brady appeared before the Kingston and St Andrew Parish Court for the first time since he was arrested last month and charged with a number of fraud-related offences in separate cases involving the handling of money collected on behalf of former clients.

In addition to the FCJ case, the former politician is charged with defrauding a financial institution of $4 million from the sale of a house for a teacher.

But according to Brady's lead attorney, Christopher Dunkley, the allegations included in the FCJ case are identical to the claims made before a disciplinary committee of the General Legal Council (GLC) when it found his client guilty of professional misconduct and recommended that he be disbarred.

"The ruling of the GLC against Mr Brady is a civil process, so they are a judgement creditor. The next thing we know is we are answering a criminal complaint," Dunkley said outside court, explaining his argument to the ODPP.

"How are we now facing a criminal complaint for the same subject matter? That's what is known in law as an abuse of the process of the court," he added.

Paula Llewellyn, director of public prosecutions, acknowledged that her office has received correspondence from Brady's legal team "positing a legal position for our consideration".

"I have assigned it to two senior prosecutors to do the legal research," Llewellyn told The Gleaner.

Dunkley revealed, too, that the GLC ruling in relation to the FCJ case is scheduled to be heard by the Court of Appeal in March.

Brady was ordered to give his fingerprint to the police and is scheduled to return to the Kingston and St Andrew Parish Court on May 14.