Barbara Gayle, Staff Reporter

The Court of Appeal has ordered the Land Surveyors Board of Jamaica to give commissioned land surveyor, Brian Alexander, a hearing into complaints brought against him.

The Land Surveyors Disciplinary Committee found in May 2001 that Alexander was guilty of professional misconduct and professional negligence.

Following the findings and recommendations, the Land Surveyors Board suspended him on December 7, 2001, from practising for four years.

He took the issue to the Court of Appeal contending that the rules of natural justice were breached because he was not given an opportunity to cross-examine the complainant or to call witnesses.

A Court of Appeal Judge granted him a stay of execution of the order until the appeal was heard.

The Court of Appeal heard legal arguments this week from attorney-at-law John Graham, who represents Alexander, and allowed the appeal.

Natural justice

He had appealed on the grounds that the rules of natural justice were breached because he was not given an opportunity to cross-examine the complainant or to present evidence to rebut the evidence adduced. He said he was not afforded the opportunity to be represented by an attorney-at-law at the hearing.

Alexander's suspension stemmed from a complaint by a client that in in 1996 she had paid Alexander to survey a property in Trelawny and she was not satisfied with the manner in which it was done because the surveyors' report allegedly caused her to encroach on an adjoining property.