Suva Lawyer Akuila Naco appeared before the Independent Legal Services Commission this morning facing seven allegations of alleged professional misconduct and unsatisfactory professional conduct.
One of the allegations against Naco is that in March 2005, Naco overdrew the Trust Account of Naco Chambers which was held at Colonial National Bank which according to the charge sheet was falling short of competence and diligence that a member of the public is entitled to expect from a legal practioner.
It is also alleged that Naco since May 6th 2009, after receiving payment sum of $258,000 from the Attorney Generals Chamber has failed to distribute the money received to the complainant and others according to a High Court order.
Three complainants gave their evidence before Comissioner Connors today.
Sainivalati Toroki told the Commissioner that he hired Naco on behalf of his father, to represent him in the dispute over the Chiefly title of Turaga na Tuinavatu as they claimed that the title was rightfully theirs and they were entitled to the money held under the title by the Native Lands Trust Board. They paid Naco $1500 as legal fees after selling a pair of bullocks.
He recalled that they had to enquire themselves when the case would be called and on the day of the hearing they came to Suva from Rakiraki.
Toroki said Naco stood up to address the Judge for five minutes and then left the court house. He alleged that Naco told them that they are all related and it does not look good that they are arguing the matter in court.
Toroki said soon after the Native Lands Tribunal set and ruled that the Chiefly title rightfully belongs to another member of the Mataqali and as Naco did not appear on their behalf in the civil proceedings in the case, they wanted their money refunded.
He said Naco only refunded $300 and they are not satisfied.
A serving prisoner, Kitione Tawake informed the Commission that while representing him in a criminal case, Naco failed to cross examine the key state witness who had identified him as a driver in the robbery while the witnesses police statement said she could not identify anyone.
Tawake said despite discussing the matter, Naco did not raise the issue during the trial and he was convicted. The complainant also claimed that two other High court Judgesn dismissed his appeal on the grounds that he was represented during the trial and his counsel failed to challenge the witnesses’ statement and so his appeals have been dismissed.
Naco's hearing continues this afternoon.
