Oswald Paul David James

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

Prosporex Ltd, through director Carl Lewis, retained attorney Oswald James and sent him US$337,500 in connection with the purchase of property (Villa Maria). That transaction failed. The attorney claimed he had oral instructions to invest the funds in the Queen Hill development, relying on documents signed by the complainant, but the tribunal rejected this account, finding the complainant's witnesses truthful and the attorney 'less than frank.' The attorney repaid only US$100,000, gave a written undertaking to repay the balance of US$237,500 by 30 July 2008, but failed to do so and produced no security or documentation showing use of the funds. The Committee found breach of Canon VII(b)(ii) (failure to account) and held that even on the attorney's own account the investment would have been inexcusably/deplorably negligent. No express finding of dishonesty was made. The attorney was struck off the Roll, ordered to make restitution of US$237,500 with 3% interest, and to pay J$100,000 costs.

Duties found breached:

• No improper use of client money

Aggravating factors:

• Failed to honour his written undertaking to repay by 30 July 2008
• Large sum of money involved (US$337,500)
• Money still not refunded as at date of decision
• Conduct serving to bring the profession into disrepute