David Owusu-Yianoma

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

David Owusu-Yianoma, a barrister, submitted a Form NG and Advice on Appeal/Grounds of Appeal on 6 June 2019 that recklessly misled the court by indicating he had complied with his R v McCook obligations as fresh appeal counsel when he had not. The Tribunal found charges 1, 3 and 7 proved on recklessness, dismissing charges 2, 4, 5 and 6. It expressly declined to find dishonesty. He was suspended for 12 months (concurrent) and ordered to pay £5,000 costs to the BSB.

Duties found breached:

• Overriding duty to the court
• Avoid wasting the court's time
• Uphold public trust in the profession

Aggravating factors:

• Significant misconduct causing significant harm, in the upper range of seriousness
• Complete control and responsibility for the circumstances giving rise to the misconduct
• Harm foreseeable; impacted multiple agencies and misdirected judicial resources
• Serious and unmeritorious allegations made against other legal professionals
• Lack of insight into culpability and consequences given his professional experience

Mitigating factors:

• Partial admissions of recklessness at outset of hearing
• Apology for his conduct
• Previous good character and positive testimonials
• Steps taken to educate himself on the appeal process
• Difficult and challenging personal circumstances at the time of the offences