25 APR 2012
Mr Ian McGarry, Hertfordshire, AL4
Disciplinary Panel hearing - 25 April 2012
Chairman: Mary Symes
Member: Peter McCrea FRICS
The Panel heard the case concerning Mr McGarry's conviction in accordance with RICS Bye-Law 5.2.2(d) of RICS Bye-Laws 2009
The Panel considered the following:
RICS received a certified copy of your conviction for offences of conspiracy to obtain money transfers by deception; and obtaining a money transfer by deception by Southwark Crown on 25 June 2011. These offences resulted in a custodial sentence.
Findings of Fact
The Panel first considered whether Mr McGarry had agreed to a paper hearing. There were a number of papers presented to the Panel which clearly showed that Mr McGarry was aware of this hearing and had elected to be heard this way.
The Panel considered the certificate of conviction presented in the bundle of papers. The Panel found the facts proved and by reason of that conviction Mr McGarry is liable to disciplinary action.
The Panel considered the bundle of documents submitted by RICS including the sentencing remarks of the judge at the trial which the Panel found most relevant. It also considered the written representations received from RICS. It further considered representations from Mr McGarry including papers that arrived today and his proof of evidence. It is not open to Mr McGarry to go behind his conviction and therefore the Panel gave little weight to the proof of evidence where he sought to do that. The Panel also took note of the Sanctions Policy.
The conviction arose as a result of a case involving a multi-million pound fraud. Valuations done by Mr McGarry were integral to perpetration of the fraud. There was considerable publicity of the circumstances of the fraud and the subsequent fraud case.
The Panel considered the sanctions from the least to the most serious. It considered whether a caution, reprimand, fine, undertakings or conditions on membership would be appropriate or sufficient in the circumstances of this case. It considered that Mr McGarry was convicted of a most serious offence. Proper accurate valuations are fundamental to the role of a Chartered Surveyor and the public should be entitled to rely upon the opinion of a member of the profession. To be influenced to vary a valuation is a failure of the most serious kind.
The Panel determined that Mr McGarry should be expelled from membership of RICS forthwith. It is the duty of every Chartered Surveyor to ensure that he undertakes valuations honestly uninfluenced by any outside factors and furthermore to stand up to any person who seeks to exert such influence. Mr McGarry singularly failed to act as a proper professional and as such is not fit to be a member of RICS.
The Panel determined that publication should take place in Modus, RICS website and a paper local to Mr McGarry. The panel also noted that RICS press office will issue a press release and it recommends that this should be sent direct to all the publications which carried a report of the criminal case.
The Panel orders that Mr McGarry pay costs in the amount of £600.
Mr McGarry has 28 days to appeal this decision in accordance with Rule 59 of the Disciplinary, Registration and Appeal Panel Rules.