Left An Impression

The Manitoba Law Society Discipline Hearing Panel has imposed a $5,000 fine and assessed costs based on these agreed facts

In the submission to the Panel from both Counsel and pursuant to a Statement of Agreed Facts tendered at the hearing, Mr. Harwood-Jones was involved in a Family Court divorce matter and the main issue related to custody of the child of the marriage. During the divorce proceedings, Mr. Harwood-Jones talked to a potential witness who advised that Mr. Harwood-Jones asked the witness to lie to the Court. Although Mr. Harwood-Jones admits that there were discussions with the witness, he does not specifically recall making any representations to be made to the Court. He acknowledged that it would be unacceptable for him to have caused the witness to think that if they had been called that they were to lie to the Court.

The potential witness was never called, and the Court proceedings were concluded by way of settlement.

Comments

Counsel for the Law Society advised that Mr. Harwood-Jones has been practising for 21 years and has no prior record and showed remorse for what had occurred.

Counsel for Mr. Harwood-Jones pointed out that his client was going through a difficult divorce proceeding and had little memory of the alleged events. He stated that his client’s memory of the matter was blurred by the very emotional circumstances that he was involved in, but that he was prepared to accept the witness’s version of events.

Mr. Harwood-Jones also spoke on his own behalf. He confirmed that he had no recollection of telling the witness to lie to the Court but accepts that he may have left the impression that he wanted her to lie. He expressed his deep regret and appeared genuinely remorseful for what had happened.

(Mike Frisch)