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Botleng, Re [2018] VULCDC 4 (15 October 2018)

Disciplinary Committee Hearing 10 October 2018

Present: Mr GA Andrée Wiltens, Chair

Ms S Shah, Member

Mr F. Gilu, Member

Mr D Russet, Member

Ms VM Trief, Secretary

Mr TJ Botleng – on his own behalf

Decision: 15 October 2018

Complaints by Tiome Edmond and Jimmy Benneth against Mr TJ Botleng

1. Introduction
   

1. The complaints were made on 17 November 2017. They involve the same matter, and occurred at slightly different times of the same day in respect of each complainant.
   
2. Mr Botleng does not dispute the majority of the facts alleged.
   
   2. Background
      
3. There was civil litigation in the Magistrate’s Court at Luganville involving the Latamav Cooperative and Messrs Tiome and Jimmy – it was alleged that Messrs Tiome and Jimmy were responsible for certain damage to the Cooperative’s property. Mr Botleng was counsel acting for the Cooperative.
   
4. On 30 October 2015 the Court ordered Messrs Tiome and Jimmy to pay wasted costs in the amount of VT 111,700 - by instalments, at the agreed rate of VT 3,000 per month. This was due to a number of delays attributed to Messrs Tiome and Jimmy.
   
5. On 17 February 2017 the civil case was struck out for want of prosecution.
   
6. There was a “flare up” of animosity again in late July 2017, allegedly involving the brother of Mr Jimmy, where further damage was caused to the Cooperative’s property. Mr Botleng was instructed by his clients to take certain steps.
7. On 19 October 2017 Mr Botleng, together with a number of his clients, went to Port Olry and accosted Mr Jimmy at his place of work, the Chuan Store. Mr Jimmy stated that Mr Botleng had told him: “You must give me money. If you don’t give me the money, you must go to prison.” Mr Jimmy was afraid; and he asked his employer to assist, which he did. Half the requested amount was paid over, and a receipt for VT 55,850 was obtained. Mr Jimmy was concerned that this occurred at his place of work, and in the sight and hearing of members of the public. He was embarrassed and concerned for his employment.
   

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