Police have stated that “any information received” would be analysed before a decision is made on whether to investigate the circumstances that led to a former government lawyer’s disbarment.

The Bermuda Police Service confirmed last week that no official complaint had been made about the matter.

Its comments were in response to questions from The Royal Gazette, after Myron Simmons admitted breaches of the Barrister’s Code of Professional Conduct.

Mr Simmons admitted three counts at an October disciplinary tribunal in the wake of complaints made against him dating back to 2008.

The tribunal subsequently disbarred Mr Simmons, a property lawyer, on each of the three counts, which involved him receiving funds from clients in order to pay bills — which he then failed to do.

In one instance, Mr Simmons — the husband of Kathy Lynn Simmons, the former Attorney-General and Minister of Legal Affairs and Constitutional Reform — received $52,000 from a couple which he was meant to forward on to Office of the Tax Commissioner to pay stamp duty for the conveyancing of a house.

The tribunal ruled: “In breach of his duty to pay said sum to the OTC, the respondent retained said sum for his own use.”

Mr Simmons admitted to a similar offence committed after he was hired by HSBC Bank of Bermuda between 2008 and 2011, when he again failed to pay stamp duty fees to the OTC.

In a third case, he was ordered to pay a client almost $200,000 from the sale of her property which he said he had invested on her behalf.

In 2022, a writ was filed against Mr Simmons in relation to the first matter.

As a result, Mr Simmons agreed to pay back $52,000, together with just over $18,800 in interest to his former clients.

Larry Mussenden, the Puisne Judge at the time who heard the case, said he would forward the matter on to police due to “the suspicious conduct by the defendant”.

However, police said they could not pursue the case because Mr Simmons’s victims never filed a formal complaint against him.

According to prosecutors, Mr Simmons could still come under investigation if the Bermuda Bar Association passed on the tribunal’s findings to police.

Cindy Clarke, the Director of Public Prosecutions, said: “The finding of the Bar may be forwarded to the Bermuda Police Service for further investigation.

“It would not likely be referred to me directly in this circumstance. That being said, the matter has not been referred to my office at this time for a decision on prosecution.”

Jerome Wilson, the president of the Bermuda Bar Association, declined to discuss the matter when contacted by The Royal Gazette.

Police said last Wednesday that they were aware of the tribunal’s findings but had not made a decision on whether to launch an investigation.

Antoine Daniels, the Assistant Commissioner of Police, said: “The Bermuda Police Service are aware of the ruling released by the Bermuda Bar Association in respect of Myron Simmons.

“Although no official complaint has been made, the BPS will continue their analysis of any information received, prior to making any decisions on conducting investigations into this matter.

“Anyone with any information is asked to make contact with Acting Superintendent Jason Smith, of the Specialist Investigations Unit.”

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