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Stabroek News

Appeal fails, lawyer to serve time
published: Friday | February 18, 2005

ATTORNEY-AT-LAW NOEL Williams has lost his appeal against his conviction and 12-month prison sentence for fraudulent conversion of $2.2 million which one of his clients had given him to purchase a property in Long Bay, Portland.

Williams, who practises mostly in Portland, was in custody pending his appeal. He was sentenced on May 21 last year and the court ordered that his sentence should start from the date of his sentence.

He is due to be released next month. Resident Magistrate Bertram Morrison had found Williams guilty of two counts of fraudulent conversion following his trial in the Port Antonio Resident Magistrate's Court.

A FAIR TRIAL

Williams, who was represented on appeal by attorney-at-law Barry Frankson, carried out his appeal on the grounds that he was not afforded a fair trial. But the Court of Appeal, comprising Justice Paul Harrison, Justice Howard Cooke and Justice Karl Harrison, disagreed.

Peter Johantgen, an American tourist, had given Williams the money in two payments in June 1999 to purchase the property. The property was not purchased and in December 1999 Johnantgen demanded his money. Williams failed to return the money and Johnantgen reported the matter to the police.

Williams, who has been practising as a lawyer for the last 28 years, said at his trial that he had encountered financial problems in dealing with his bank. He said he lent the money to his brother to clear a container of goods from the wharf.

Williams said it was loaned on the basis that when the goods were sold, he would get the money back within 90 days and at an interest rate of 20 per cent. The goods were stolen from the container and he was unable to get back the money. He said desperate efforts were made to sell a property but the sale did not materialise.

The RM, in sentencing Williams, said "the misuse of the
money was palpably fraudulent
and dishonest."

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