He was deemed unprofessional, dishonourable and unworthy of
holding the office by a tribunal.
Magodora (55), who joined the profession in 1994, faced
charges of contravening Section 23(1)(d) of the Legal Practitioners Act Chapter
(27:07) by withholding payments of trust funds, without lawful cause.
The lawyer had received US$16 484 on behalf of one of his
clients in anticipation of sale of an immovable property. The parties failed to
agree on certain terms and the transaction collapsed.
The buyer asked for a refund, which Magodora failed to
remit in 2016. He only paid back in October 2018, claiming his client had used
some of the funds.
Magodora was also accused of failing to process the
payment, therefore, contravening by-laws 70 E and 70 F and 65 (a) for not
responding to communication by the Law Society.
On the second count, the legal practitioner was accused of
receiving US$11 682, on behalf of his clients, who won a labour dispute against
their employer.
He only remitted US$4 050 leaving a balance of US$7 632.
Magodora is also believed to have snubbed letters from the Law Society, asking
him to explain his actions.
In his defence, Magodora claimed he had compensated the
first complainant in full and, in addition, purchased a plot which the
complainant was now using.
The legal practitioner claimed he refunded the second
complainant, who later withdrew his complaint.
He apologised for failure to respond to communication from
the Law Society claiming he was traumatised by the whole process.
However, Justice Felistas Chatukuta ruled that Magodora
failed to advance exceptional circumstances warranting his actions.
“We take note of the mitigating factors submitted regarding
Magodora’s personal circumstances.
“We are, however, of the view that the circumstances are
nothing out of the ordinary.
“However, the acts of misconduct that placed him before the
Tribunal are serious and go to the core of the legal profession.
“As rightly submitted by the Law Society, the seniority of
Magodora in his firm, and in the profession, weighs against mitigating
factors,” reads the finding.
Justice Chatukunya then ordered for Magodora’s name to be
struck off the Register of Legal Practitioners.
“It is accordingly ordered that Magodora’s name be deleted
from the Register of Legal Practitioners, Notaries, Public and Conveyancers.
Magodora be and is hereby ordered to pay all the expenses incurred by the Law
Society in connection with these proceedings,” ruled the judge. H Metro
0 comments:
Post a Comment