Disciplinary Record - David Kwasi Dartey Owusu-Yianoma

Barrister Status:

Self Employed

Called:

Nov 1992

Inn:

Inner Temple

Hearing type:

Disciplinary Tribunal (5 Person)

Decision date

12/05/2023

Breach details:

Professional misconduct, contrary to Core Duty 1 and Core Duty 5 and/or rC3.3 of the Code of Conduct of the Bar of England and Wales (Part 2 of the Bar Standards Board Handbook – 4th Edition).

Offence details:

David Owusu-Yianoma, a barrister, failed to observe his duty to the court in the administration of justice by completing and submitting a Form NG, together with an Advice on Appeal/ Grounds of Appeal on 6 June 2019, which contained information that was incorrect and was knowingly and/or recklessly misleading in that: (a) Mr Owusu-Yianoma indicated on the Form NG that he had complied with his obligations under R v McCook (b) Mr Owusu-Yianoma had not complied with his McCook obligations in that as fresh appeal counsel he had not approached the solicitors and/or counsel who had acted at trial to ensure that the factual basis upon which the Advice on Appeal/Grounds of Appeal were advanced were correct, and/or had not taken steps to obtain objective and independent evidence in support of the Grounds of Appeal (c) Mr Owusu-Yianoma knew, or ought to have known, that he had not complied with his obligations as fresh appeal counsel.

David Owusu-Yianoma, a barrister, behaved in a way which is likely to diminish the trust and confidence which the public places in him or in the profession by completing and submitting a Form NG, together with an Advice on Appeal/Grounds of Appeal on 6 June 2019, which contained information that was incorrect and was knowingly and/or recklessly misleading in that: (a) Mr Owusu-Yianoma indicated on the Form NG that he had complied with his obligations under R v McCook (b) Mr Owusu-Yianoma had not complied with his McCook obligations in that as fresh appeal counsel he had not approached the solicitors and/or counsel who acted at trial to ensure that the factual basis upon which the Advice on Appeal/Grounds of Appeal were advanced were correct, and/or had not taken steps to obtain objective and independent evidence in support of the grounds of appeal (c) Mr Owusu-Yianoma knew, or ought to have known, that he had not complied with his obligations as fresh appeal counsel.

David Owusu-Yianoma, a barrister, failed to observe his duty to the court by failing to take reasonable steps to avoid wasting the court’s time in that: (a) Mr Owusu-Yianoma submitted the Form NG and supporting Advice on Appeal/Grounds of Appeal on 6 June 2019 indicating that he had complied with his McCook obligations, which was incorrect and, in doing so, knowingly and/or recklessly misled the court (b) Mr Owusu-Yianoma failed to comply with his obligations as fresh appeal counsel to approach the solicitors and/or counsel who had acted at trial to ensure that the factual basis upon which the Advice on Appeal/Grounds of Appeal were advanced were correct, and/or had not taken steps to obtain objective and independent evidence in support of the Advice on Appeal/Grounds of Appeal.

Sanction:

Suspended from practice for 12 months (Sentence still to take effect).

Costs:

£¤5,000.00

Status:

Appeal Pending