Sun | Jun 13, 2021

Crowe Horwath’s managing partner seeking injunction against probe, appeals deregistration

Published:Monday | May 10, 2021 | 12:41 PM
Brown, who is being represented by attorney-at-law Hugh Wildman, is seeking an interim injunction to prevent the institute from taking any disciplinary proceedings against him pending the determination of his application for judicial review.

Audit and accounting professional Dawkins Brown, who was struck off the register of public accountants by the Public Accountancy Board in March 2020 for professional misconduct, is now fighting a legal battle against the Institute of Chartered Accountants of Jamaica.

The institute sent a letter to Brown, who is the managing partner accounting firm Crowe Horwath Jamaica Ltd, in April informing him that it had commenced an investigation to further address the issue taken by the accounting board. 

Brown was asked to produce a copy of any order staying the execution of the board's decision.

In response, Brown, who is awaiting a decision from the Court of Appeal against the board's ruling, then filed an application in the Supreme Court seeking an injunction against the institute.

The Court of Appeal heard the application in February and reserved its decision.

Brown, who is being represented by attorney-at-law Hugh Wildman, is seeking an interim injunction to prevent the institute from taking any disciplinary proceedings against him pending the determination of his application for judicial review.

He is contending that the accounting board made rules of professional conduct pursuant to section 28 of the Public Accountancy Act and that those rules were not gazetted as required by law.

He is further contending that the rules on which the board relied to bring charges against him and which the institute is now seeking to use as grounds for its investigation and bring charges are illegal, null and void, and of no effect.

He is claiming that the tenure of the board which struck him from the roll had expired and therefore it had no jurisdiction to remove him from the list of approved public accountants.

Brown was removed from the register following a complaint by Vistra IE (Bristol), a foreign firm which alleged that he had failed to transfer ownership of a special-purpose entity used for a technology project for which he provided services.

Brown had denied the allegations and claimed that he was owed $87 million in fees for work done.

 - Barbara Gayle

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