SDT: High threshold
A man struck off as a solicitor 18 years ago and then jailed for fraud has failed in his bid to rejoin the profession.
The Solicitors Disciplinary Tribunal (SDT) decided that Horace Okeroghene Onobrakpeya had failed to cross “the high threshold for restoration to the roll”.
Mr Onobrakpeya, 61, qualified in 2000 and had been one of three partners at South London law firm South Bank Solicitors.
In 2008, the SDT struck him off after finding six allegations proved, two involving dishonesty, including misusing client funds in a conveyancing transaction for his own benefit.
He had also given untrue information to prospective insurers and confirmed to another law firm that a transaction had completed when it had not.
The costs of the proceedings were not recovered from him because he was made bankrupt by the lenders in the transaction.
Mr Onobrakpeya told the latest SDT of his remorse, “describing the experience of being struck off as a humbling one”.
He argued that he should be restored to the roll “so that he could be given the opportunity to make good the damage he caused to the legal profession through his misconduct”.
His application put forward conditions that he should not be permitted to deal with client money and that he should only practise under supervision with a structured rehabilitation plan and training in place.
Though his application had not mentioned it, Mr Onobrakpeya confirmed that he was jailed in 2010 after being given five years for fraud and one year for abuse of public office, arising from the facts that led to the strike-off.
The Solicitors Regulation Authority opposed the application, citing the seriousness of the misconduct and insufficiency of the evidence provided in support of his rehabilitation and future employment.
The SDT agreed. The lack of evidence of working satisfactorily within the legal profession for a considerable time in the lead-up to the application was “a notable deficit”, it said.
Mr Onobrakpeya said his work in recent years had mainly been as a concierge but had recently been helping with immigration applications.
There was also no evidence of any offers of employment within the profession in the event he was returned to the roll, nor that he had undertaken relevant training.
While he had “clearly taken positive steps towards rehabilitation”, the SDT said, his oral evidence was not supported by documentary material.
“The tribunal were not convinced that the applicant had overcome the reputational damage to the profession and breach of trust emanating from the misconduct which resulted in the strike off.
“Members of the public needed to know when they instructed solicitors that they were dealing with honest individuals in a profession that could be trusted.”
Rather, it would undermine public confidence in the profession and the delivery of legal services if Mr Onobrakpeya was restored to the roll.
He was ordered to pay costs of £2,590.