C4
[Subsidiary]
Re-hearing after failure to appear.
Evidence.
Findings and order.
Suspension of order pending appeal.
Service of findings and order.
CAP. 159] Disciplinary Committee Proceedings Rules
[1981 Ed.
13. (1) Any party who has failed to appear at the hearing may, within one calendar month from the pronouncement of the findings and order of the Disciplinary Committee and upon giving notice to every other party and to the clerk, apply to the Disciplinary Committee for a re-hearing.
(2) The Disciplinary Committee, if satisfied that it is just that the case should be re-heard, may grant such application upon such terms as to costs or otherwise as they think fit.
(3) Upon such re-hearing the Disciplinary Committee may amend, vary, add to, or reverse their findings, or order, pronounced upon such previous hearing.
14. The Disciplinary Committee may either as to the whole case or as to any particular fact or facts proceed and act upon evidence given by affidavit:
Provided that any party to the proceedings may require the attendance upon summons of any deponent to any such affidavit for the purpose of giving oral evidence and of being cross-examined, unless the Disciplinary Committee are satisfied that the deponent is absent from the Colony or is for any other good and sufficient reason unable to give evidence in person at the hearing.
15. The clerk shall give notice to the parties of the date when the findings and order will be pronounced.
16. The clerk shall on the day of pronouncement file the order pursuant to section 10(3) and section 12(2) of the Ordinance:
Provided that the Disciplinary Committee may suspend the filing of the order pursuant to the said sections during the time limited for appeal under section 13 of the Ordinance and, if notice of motion of appeal is duly filed, then until determination or abandonment of such appeal.
17. Within 4 days of the date when the findings and order shall have been pronounced, the clerk shall send a copy thereof to each party.
Form of application.
Schedule. Form 5.
L.N. 3 of 1980.
PART III
APPLICATIONS AT THE INSTANCE OF A SOLICITOR HIMSELF
18. (1) An application by a solicitor to procure his name to be removed from the roll shall be made by way of affidavit in Form 5 in the Schedule.
(2) An affidavit made under paragraph (1) shall be sent to the Council who shall thereupon appoint a Disciplinary Committee under section 10(4) of the Ordinance and forward such affidavit to the clerk.
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