Owen Kirkwood Clunie
Allegation / charges
Struck off again | Disciplinary Committee decision delivered January 24, 2015. | Appeal part allowed - Court of Appeal decision delivered September 22, 2014. | Struck off, Restitution ordered - Disciplinary Committee decision delivered September 28, 2013 View PDF DECISION …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Disciplinary Committee of the General Legal Council reconsidered sanction after the Court of Appeal remitted the matter for submissions in mitigation. The respondent, a former Deputy Commissioner of Police turned attorney, had misappropriated $600,000 his client paid for a house deposit and fees, causing the client to lose the property, then repeatedly broke promises to repay. The Panel found extreme/egregious dishonesty (expressly found dishonest and affirmed by the Court of Appeal). Despite mitigation (restitution, cooperation, good character, first offence, remorse, financial hardship, adverse publicity), the Panel held none amounted to exceptional circumstances bringing it within the small residual category where striking off would be disproportionate. It reimposed the striking-off order. Restitution and costs already paid, so no further order on those was made.
Duties found breached:
Aggravating factors:
- Misappropriation of client's deposit money for personal gain
- Client lost the house he intended to purchase, causing his family hardship and separation
- False statement that the sale had gone through
- Repeated broken promises to repay, only given under threat of complaint to the General Legal Council
- Lack of candour at mitigation hearing - claimed mistake of allowing another access to account rather than admitting misappropriation
- Extended period before restitution made (only after order)
Mitigating factors:
- Restitution made in full ($762,000) shortly after the original order
- Cooperation - accepted the complainant's evidence/no dispute as to facts
- First and only offence
- Good character evidence from eminent witnesses including a retired Judge of Appeal
- Distinguished prior career in the police force (retired Deputy Commissioner)
- Expressions of remorse and apology
- Adverse publicity and financial hardship suffered