Function of
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35. (1) A Committee of Enquiry shall inquire into any complaint Committee of against a barrister laid before it by the Attorney General or by the Bar
Committee and sball-
Enquiry.
Powers of
Committee of Enquiry
(z) submit its findings in the form of a report to the Registrar, which report shall include its findings of fact and law and shall be open to the inspection of the barrister concerned, of his counsel and solicitor and of the Attorney General and of the Bar Committee when the complaint is laid by it, but shall not be open to public inspection, and
(b) where it is the opinion of the Committee of Enquiry that a prima facle case of misconduct has been made out, in addition to submitting its report to the Registrar. forward a signed copy of such report to the Chief Justice, together with a transcript of the evidence taken and copies of the documents put in evid- ence at the hearing.
(2) The laying of a complaint before a Committee of Enquiry shall be in the discretion of the Attorney General or of the Bar Committee, as the case may be:
Provided that where a judge refers any complaint to the Attorney General or to the Bar Committee, the same shall be laid before a Com- mittee of Enquiry.
36. (1) For the purpose of conducting any such inquiry or investi- gation, a Committee of Enquiry shall have all such powers as are vested in the Court or in any judge in the course of any action of suit in respect of the following matters-
(a) enforcing the attendance of witnesses and examining them upon
oath or otherwise;
(6) compelling the production of documents;
(c) punishing persons guilty of contempt:
(d) ordering an inspection of any property:
(e) conducting every examination of witnesses; and
(f) adjourning any meeting from time to time and from one place
to another,
and a summons under the hand of the Chairman of a Committee of Ea- quiry may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for compelling the attendance of witnesses or the production of documents and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of such Chairman and shall not authorize the imprisonment of any offender for a period exceeding one month.
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(2) The Commissioner of Police and all police officers, officers of the court, gaolers and bailiffs of the court are required to give their utmost assistance to every Committee of Enquiry and to every chairman thereof, in the enforcement of documents, warrants and orders issued in accordance with subsection (1) or otherwise.
(3) Every member of a Committee of Enquiry shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as auch member, as is given by any law to a magistrate acting in the execution of his office.
(4) All proceedings of a Committee of Enquiry and every report made in accordance with the provisions of section 35 shall be privileged.
37. (1) Where a report is forwarded to the Chief Justice under Powers of the paragraph (b) of subsection (1) of section 35 the Chief Justice shall Full Court. cause the matter to be set down for hearing before the Full Court and the Registrar shall give not less than fourteen days' notice of the date of such bearing to the barrister concerned, to the Attorney General and
to the Bar Committee and at the same time shall forward to each a copy of the report of the Committee of Enquiry.
(2) At a hearing set down under subsection (1)
(a) the Bar Committee shall be the Applicant and shall move the Full Court to take disciplinary action against the barrister concerned upon the findings of fact and law of the Committee of Enquiry:
(6) counsel may appear on behalf of the barrister concerned and the Bar Committee may be represented by counsel or by the Attorney General.
(3) The Full Court shall at such hearing consider the report of the Committee of Enquiry and such submissions upon the findings of fact and law of the Committee of Enquiry as may be made on behalf of the Bar Committee and the barrister concerned and may call for the original record of the evidence taken and any document put în evidence before the Committee of Enquiry.
(4) The Full Court may, upon special grounds being shown, con- sider any additional evidence not adduced before the Committee of Enquiry.
(5) Every hearing under this section shall be in camera unless, and to the extent to which, the Full Court may otherwise direct,
(5) On completion of the hearing the Full Court may-
(a) censure the barrister; or
(6) suspend him from practising for such period as it may specify:
of