The Respondent, Constance Mitcham, an attorney at law, in or about 1980 or 1981 was appointed as legal adviser to the Development Bank of St. Kitts & Nevis. In or about 1982 she was also appointed as legal adviser to the National Bank of Saint Kitts & Nevis and the Respondent continued as legal adviser to both Banks until 1995. Both the Development Bank and the National Bank of Saint Kitts & Nevis where wholly owned and/or controlled by the Government of the Federation of Saint Kitts & Nevis. In or about 1984 the Respondent offered herself as a candidate in the General Elections in Saint Kitts & Nevis and was successful and remained sitting Member of Parliament until 1995 when opted not to offer herself for re-election. The Respondent served a number of years as an elected Member of Parliament, and thereby became entitled, upon ceasing to be a Member of Parliament, to a pension at age 50, and also to a gratuity. The Government of Saint Kitts & Nevis refused to grant this pension and the Respondent sued for it and won. However, the Government of Saint Kitts & Nevis counter-claimed and asserted that the Respondent while being a Minister of Government continued to carry on private practice as a Solicitor acting for two of her major clients which were wholly owned and/or controlled by the Government of which was a part. Moreover, the Government of Saint Kitts & Nevis contended that the Respondent was in breach of her fiduciary duties as Minister, which gave rise to a constructive trust and that she ought to account to the Government for the fees earned during the time she was a sitting Member of Parliament and the Government and legal adviser to Banks owned and/or controlled by the Government of which she was a part.
DECISION: The Court of Appeal was of the view that the Ministers of Government of the Federation of Saint Kitts and Nevis (including the Respondent) were not trustees within a legal sense for the people of Saint Kitts & Nevis. Therefore, there were no fiduciary duties imposed on the Respondent and thus she was not liable to account to the Government for any such fees she earned during the period she was both a Member of Parliament and legal adviser to the Government of Saint Kitts & Nevis. The Court of Appeal was also of the view that the issue of whether lawyers who held public office should continue to practice law was a matter to be regulated by the relevant Bar associations and that the Courts should be hesitant to lay down any such moral code in such situations.
