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Disciplinary Panel Hearings

29 JUL 2013

Mr David Perrin - 26 July 2013

Mr David Perrin
Disciplinary Panel hearing - 26 July 2013

The Panel considered the following: 

David Perrin MRICS may be liable to disciplinary action under RICS Bye-Law B5.2.2(d) by reason of having been convicted of a criminal offence which could result in a custodial sentence, the particulars being that on 12 January 2012, you were convicted at Blackfriars Crown Court of cheating the Public Revenue contrary to common law, and were sentenced on 7 February 2012 to eighteen months’ imprisonment.

Determination

Findings of Fact

The Panel considered whether service had been effected under Rule 23 of the Disciplinary and Appeal Panel Rules 2009 (“The Rules”).  The charge letter of 18 June 2013 was sent by Special Delivery, First Class post and Email, in response to which Mr Perrin requested further time to make submissions (which the Panel added to the bundle at pages 128 and 129).  Mr Perrin subsequently lodged submissions on 24 July 2013 (which the Panel added to the bundle at pages 130 to 134); notwithstanding the lateness of the submissions, the Panel decided, in fairness to Mr Perrin, to consider them in full.  This together with the terms of Mr Perrin’s covering email dated 24 July (which the panel added as page 135 of the bundle), the Panel was able to conclude that Mr Perrin was fully aware of the date and time of the Hearing, and accordingly finds service to be in accordance with rule 23.

The Panel next considered whether the case was suitable to be heard by way of Written Representations.  The bundle included a Certificate of Conviction. Mr Perrin had agreed to the case being heard by way of Written Representations. The Panel finds this to be appropriate and decided to proceed.

The Panel found the facts proved in respect of the conviction and that Mr Perrin was liable to disciplinary action under Bye Law 5.2.2(d).

Panel’s Decision

Penalty

The Panel took into account the written submissions of RICS and Mr Perrin including all of the attachments sent with his email of 24 July 2013, together with the Sanction Guidance.

The Panel took note of the circumstances of the conviction, and in particular Mr Perrin’s submission at pages 130 to 134 of the bundle.  However, in this submission Mr Perrin sought mainly to persuade the Panel to ‘look behind’ his Crown Court conviction and its legitimacy, rather than providing much in the way of relevant mitigation or insight.  The Panel also noted the sentencing remarks of the Trial Judge, particularly in regard to Mr Perrin’s misjudgement and dishonesty.

The Panel further had regard to the public interest, the reputation of RICS, and that the public expect the highest standards of personal conduct, honesty and integrity from Chartered Surveyors.

The Panel noted that Mr Perrin has no disciplinary record, and having considered whether a caution, reprimand, fine or conditions of practice would be sufficient sanction the Panel concluded that none were appropriate owing to the seriousness of the conviction and that a custodial sentence had been imposed.  Such conviction is in breach of Bye-Law 5.2.2(d) and such criminal behaviour is fundamentally incompatible with continued membership of any professional body. The Panel concluded that the only appropriate penalty was to expel Mr Perrin from membership of RICS. 

Determination on Publication and Costs

Publication
The Panel orders publication in accordance with Supplement 3 of the Sanctions Policy, that is in Modus, on the RICS website and in a suitable publication local to Mr Perrin.

Costs
The Panel orders that Mr Perrin shall pay RICS’ costs in the amount of £600. 

Appeal Period
Mr Perrin has 28 days to appeal this decision in accordance with Rule 59 of the Disciplinary, Registration and Appeal Panel Rules.