A Lautoka lawyer’s name has been struck off from the roll of practitioners after he was found guilty and sanctioned for three counts of professional misconduct by the Independent Legal Services Commission.

Kevueli Tunidau, as the sole partner and trustee of the trust account of Kevueli Tunidau kept with ANZ Bank, Lautoka branch, failed to ensure a sum of $105,000 received on November 20, 2018, from his client for the purpose of making payment for assignment of a land which was not utilised for unauthorised purposes and also that Tunidau failed to ensure the said trust account was not overdrawn.

It was also proven that Tunidau failed to respond in a timely manner to the notice sent under Section 108 of the LPA.

He failed and neglected to appear before the Commission and did not participate in the proceedings.

He was personally served with the notice of hearing, copies of the allegations and the bundle of disclosures on November 10, 2021, and several notices were also sent by electronic mail (email).

The Commissioner Justice Gihan Kulatunga said all efforts made by the Commission and the Chief Registrar to contact Tunidau were not successful.

The facts are that the complainant retained the service of Tunidau in respect of a land transaction and a sum of $105,000 was paid into the trust account by a bank telegraphic transfer for this purpose.

This was to be utilised to settle the balance payment due to the transferor.

It was proven that Tunidau failed and did not make the payment notwithstanding requests made by the complainant. Tunidau, in order to evade and avoid payment, used some fraud or irregularity at the iTaukei Lands Trust Board (TLTB). However, that was sorted out and the approval and consent of the TLTB was granted for this transaction.

The Orders Of The Commission Are: 

• The name of Tunidau to be struck off from the roll of the practitioners held by the Chief Registrar.
• A fine of $5000 to be paid to the Commission.
• The complainant be reimbursed a sum of $105,000 from the trust account, and it is further ordered and directed that the Chief Registrar take necessary steps to facilitate and to make this payment from the Kevueli Tunidau Lawyers trust account and prior to making such payment, the complainant should confirm by way of an affidavit that the sum of $105,000 is due to him in respect of the assignment of lease registered on November 28, 2018.

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