Attorney-at-law Hilary Jeffery Nelson began serving just over six years at Dodds Prison on Thursday for stealing $855 000 from a client, after a judge condemned his actions as a serious breach of trust that could damage Barbados’ national and international reputation.
The 82-year-old of Bagatelle Terrace, St James, must also repay the full amount within 12 months.
In sentencing Nelson in the No. 5 Supreme Court, Justice Pamela Beckles said the public must retain confidence in the legal profession and “when a professional abuses their position, custody is inevitable”.
The High Court judge added: “When an attorney-at-law who is explicitly sworn to be an officer of the court and a guardian of the law engages in criminal activity, the fallout extends far beyond the individual victims. These crimes inflict profound systemic, economic and institutional damage on a country’s national and international reputation.”
Nelson was convicted of stealing £347 560, equivalent to approximately BDS$855 000, belonging to Errol Hewitt between November 13, 2018, and March 4, 2019.
Hewitt, who lived in the United Kingdom, had approached Nelson to handle the purchase of a US$450 000 property in St Peter. He secured a mortgage on his UK home and transferred the money to Nelson’s clients’ account specifically for the purchase.
Although the 10 per cent was paid to the seller, Nelson failed to pay the outstanding balance. Hewitt’s repeated attempts to find out what had happened to the money proved unsuccessful, prompting him to report the matter to the police.
The court heard that Hewitt had still not recovered the outstanding funds and continued to pay interest on the mortgage secured against his UK home. The judge said he had suffered significant financial and emotional hardship, along with his family.
The court established a starting point of nine years’ imprisonment, citing the seriousness of the offence, the breach of professional duty, Nelson’s abuse of his position as an attorney-at-law, the substantial amount involved and the fact that no restitution had been made.
Arriving at the final sentence, the court considered among other things Nelson’s more than 50 years in legal practice without previous disciplinary findings, his lack of previous convictions, his age, health challenges and a favourable pre-sentence report.
His guilty plea, although entered after the prosecution had closed its case, also attracted a five per cent discount, which is equivalent to 128 days.
Nelson also received credit for the 181 days he already spent on remand, leaving him to serve six years and 64 days.
“It has been said that the relationship between lawyer and client is one of trust… Hilary Nelson you breached that trust significantly and failed in handling the client’s affairs. The sum of $855 000 was entrusted to you in your capacity as legal counsel. You dishonestly appropriated it and to date none of the money has been accounted for…. The loss has caused the [complainant] severe financial and emotional hardship, not only to himself but to his family,” Justice Beckles ruled.
The judge also ordered that the convicted lawyer repay the full amount to Hewitt.
“I have taken your financial means into account and made a compensation order under the Penal System Reform Amendment Act for you to repay the sum of $855 000 to the complainant within 12 months. Failure to do so will result in a further two years in prison added to your sentence to run consecutively.”
Nelson initially pleaded not guilty on February 5, 2026, and a jury was empanelled. However, after the prosecution presented its witnesses and closed its case, he elected to give an unsworn statement from the dock before asking to be rearraigned and pleading guilty.
Nelson is one of three attorneys in as many years to be jailed in Barbados for theft of clients’ money.
(BT)
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