Martin Polaine appeal – 2 month suspension
From Bar Standards Board
Disciplinary findings
Each set of findings is accorded a status on the following basis:
Open to Appeal – The case is within the period that a barrister can appeal the finding but no appeal has been submitted;
Appeal Pending – Sentence Stayed / Appeal Pending – The barrister has submitted an appeal, which is yet to be heard. Unless the Disciplinary Tribunal has ordered that the sentence should take effect immediately (Appeal Pending), the sentence will not be implemented until after the outcome of the appeal is known (Appeal Pending – Sentence Stayed).
Final – The finding has been pronounced either after the appeal period has expired or following the result of an appeal.
Disciplinary Finding Details
Name:
Martin Daniel Polaine
Barrister Status:
Unregistered
Called:
July 1988
Inn:
Gray’s Inn
Type of hearing / finding:
Disciplinary Tribunal (5 person)
Tribunal Panel Members:
His Hon Judge Roland Moss (Chair)
Mr Lee Andre Gledhill
Mr Robert John Walton
Ms Pamela Mansell (Lay)
Mrs Alison Thorne (Lay)
Date of decision:
11 October 2013
In breach of
Professional misconduct, contrary to paragraph 301(a)(ii) and/or(iii) and pursuant to paragraph 901.7 of the Code of Conduct of the Bar of England and Wales (8th Edition).
Details of Offence
Martin Polaine, between the 1st September 2008 and the 29 October 2008, being a barrister engaged in conduct prejudicial to the administration of justice in that he failed properly to advise the Cayman Islands authorities in respect of their disclosure obligations on an ex parte application before a lay Justice for search warrants of the home and judicial chambers of H, a Judge of the Grand Court of the Cayman Islands, and in reliance on his advice the Cayman Islands authorities failed to put material facts and matters before the lay Justice and misrepresented other material facts and matters in the application to the lay Justice, as set out in the Judgment of C dated the 29 October 2008 in the case of R v Ebanks ex p Henderson in the Grand Court of the Cayman Islands at pages 76 to 114 of the transcript.
Sentence:
2 month suspension
Costs:
N/A
Status:
Open to Appeal
EDITOR: Martin Polaine was disbarred following revelations that he acted as an attorney in the Cayman Islands and advised former chief investigator Martin Bridger’s team on the arrest of Grand Court Justice Alex Henderson without first having been called to the bar in Cayman.
