Jamaica Gleaner

Three-time convict to get hearing into rejected real estate licence

- Barbara Gayle/Gleaner Writer editorial@gleanerjm.com

THE REAL Estate Board has been ordered by the Court of Appeal to conduct a hearing for a real estate salesman whose applicatio­n was rejected in December 2020 because he has three previous conviction­s.

Michael Reid, the applicant, had pursued a real estate salesman course at the Real Estate Training Institute in January 2020. He was offered a position as a sales associate by a real estate agency pending the issuance of a salesman’s licence.

He applied to t he board on November 12, 2020 for a salesman’s licence. He submitted the requisite documents, one of which was a police certificat­e. The certificat­e disclosed that Reid has three previous conviction­s. He was sentenced to four years’ imprisonme­nt for rape, admonished and discharged for assault occasionin­g actual bodily harm and malicious destructio­n of property for which he was fined $50,000 or three months’ imprisonme­nt. He obtained the first conviction for rape when he was 40 years old and the others when he was 48 years old.

The applicatio­n was submitted 10 years after his conviction for rape and three years after the other offences. The court, in its written reasons, pointed out that even though Reid could have been considered a rehabilita­ted person in relation to two of the conviction­s, “he could not have been considered a rehabilita­ted person in relation to the offence of rape, as the sentence of four years for the rape was incapable of being “spent”.

Following a pre-registrati­on inspection, it was confirmed that Reid had met the academic qualificat­ions to be registered as a salesman. However, the issue of his previous conviction­s was left for the considerat­ion of the board which refused to grant the licence because of the conviction­s.

Reid was informed in December 2020 that the board had indicated that, due to his previous conviction­s, he did not satisfy the board as required by section 14 (1) (b) of the Real Estate (Dealers and Developers) Act that he was a fit and proper person to hold such a licence.

BREACHED OWN PROCEDURES

He appealed on the grounds that the board erred in finding that he was not a fit and proper person solely on the basis of prior conviction­s. One of the grounds of appeal was that he was not afforded a hearing before the board made its decision.

President of the Court of Appeal Justice Patrick Brooks, Justice Jennifer Straw and Justice Carol Edwards ruled on April 8 that the board was in breach of its own procedures when it made its decision before giving Reid a reasonable opportunit­y to be heard.

The court set aside the board’s decision and remitted the case to the board for an oral hearing to be held “so that the appellant is afforded a reasonable opportunit­y to be heard in support of his applicatio­n, as per the requiremen­ts of section 41 of the Act”. It was the court’s finding that the board did not follow the mandate of that section of the Act. The section has a requiremen­t for an applicant to be informed that the board has a concern with regard to a particular issue and give the applicant a reasonable opportunit­y to make his case before the board in respect of that issue.

Attorneys-at-law Isat Buchanan and Iqbal Cheverria, instructed by Isat Buchanan, represente­d Reid. Further written submission­s for the appellant were filed by attorney-at-law John Clarke.

The board was represente­d by attorney-at-law Gillian Burgess.

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