Disgraced Status Lawyer Loses Appeal Bid

The Law Society of Upper Canada [LSUC] has this month barred disgraced Ontario lawyer Robert Martyn from relitigating his fraud conviction in Bermuda at a disciplinary hearing.

Mr. Martyn received a suspended jail sentence in 2005 following his conviction for conspiring to fraudulently obtain Bermuda status.

Authorities had granted him the status on the strength of doctored birth and marriage certificates that falsely traced his family roots to the island.

At a hearing this year, his lawyer argued that by relying on the conviction, the LSUC would be denying Mr. Martyn, who didn’t testify at his trial, the right to defend himself against allegations that he engaged in conduct unbecoming. He also raised concerns about the jury selection process and said Mr. Martyn didn’t have the choice of a trial by judge alone.

But in an October 7 decision, a law society panel held that the conviction and a summary of facts laid out by the Court of Appeal for Bermuda as it dismissed Martyn’s appeal could be relied upon.

“Based upon the facts of this case, in the hearing panel’s view, it would be an abuse of process to allow relitigation,” wrote panel chairman Gerald Swaye, who noted that senior counsel represented Martyn at his criminal trial and in his appeals and that the Crown had met a higher burden of proof than would be necessary at a law society hearing.

“After reviewing the Court of Appeal reasons in regard to this matter, the hearing panel is satisfied that the lawyer was given a fair trial.”

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Category: All, Court Reports, Crime