Roderick Dawson Malone, Esq.

Tertiary Education:

(1) College of The Bahamas (“COB”), Nassau, New Providence, The Bahamas (2004-2006)

Certificate/Diploma: Associate of Arts in Law and Criminal Justice with Distinction issued April 28, 2006

Extracurricular Activities:

• Member of COB Law Society (2004-2006)
• Member and Chaplin of Rotaract Club (2005-2006)
• Resident Assistant at COB Dormitory (2005-2006)

(2) College of The Bahamas/University of the West Indies LLB Programme, (“COB/UWI”) Nassau, New Providence, The Bahamas (2006-2009)

Certificate/Diploma: Bachelor of Laws – First Class Honors issued July 1, 2009

Extracurricular Activities:

• First Year Class Representative (January 2007 to May 2007)
• Vice President of the COB/UWI Law Society (2007-2008)
• Resident Assistant at COB Dormitory (2006-2009)
• Peer Tutor

(3) Eugene Dupuch Law School, (“EDLS”) Nassau, New Providence, The Bahamas (2009-2011)

Certificate/Diploma: Certificate of Legal Education – Certificate of Merit issued September 17, 2011

Year 1

1. The Commonwealth Law Advocates Prize;
2. The Graham, Thompson & Co. Top Student Prize;
3. The Council Top Student Prize;
4. The Remedies Prize; and
5. The Criminal Practice and Procedure Prize.

Year 2

1. The Council’s Prize for:
   • (i) The Most Outstanding Year II Student
   • (ii) The Most Outstanding student Over Two (2) Years
   • (iii) The Most Outstanding in the Legal Aid Clinic
2. The Chairman’s Prize;
3. The Graham, Thompson & Co. for the Most Outstanding Year II Student;
4. The Commonwealth Law Advocates Prize for the Most Outstanding Year II Student;
5. The McKinney, Bancroft & Hughes Prize for the Most Outstanding Student Over Two (2) Years;
6. The Bahamas Bar Council Prize for the Most Outstanding Bahamian Student Over Two (2) Years;
7. The Principal’s Prize for Best Performance in Ethics, Rights & Obligations of the Legal Profession;
8. The Munroe & Associates Prize for Best Performance in Trial Advocacy;
9. The HLB Galanis & Co. Prize for Best Overall Performance in Law Office Management, Accounting & Technology);
10. The Civil Procedure & Practice II Prize for Best Performance in Probate Practice & Procedure;
11. The Davis & Co. Prize for Best Performance in Probate Practice & Procedure;
12. The Tutor’s Prize for Best All-round Student; and
13. Attorney General’s Award for Excellent at CCJ Moot.

Extracurricular Activities:

1. First Year Legal Aid Representative (2009-2010)
2. Executive Member & Treasurer of EDLS Student Association (June 2010 – October 2011)
3. Lead Counsel of EDLS Team Winners at Caribbean Court of Justice International Law Moot (March 22, 2011)
4. Peer Tutor

Employment History

• Part-time Warehouse Stockman/ Receiver for Abaco Markets, Marsh Harbour, Abaco, The Bahamas (2002 – 2005)
• Legal Clerk/Summer Internship at L.C. Hull & Co., Marsh Harbour, Abaco, The Bahamas (May 2003; June to August 2004; June to August 2005; June to August 2006)
• Legal Clerk/Summer Internship at Callenders & Co., Freeport, Grand Bahama, The Bahamas (June to August 2007, June to August 2008, June to August 2009, June to August 2010)
• Counsel and Attorney at Callenders & Co., Freeport, Grand Bahama, The Bahamas (Associate: October 2011 – December 2015 | Partner: January 2016 –Present)
• Assistant Registrar (Acting), Supreme Court, Freeport, Grand Bahama, The Bahamas

OTHER COMMUNITY INVOLVEMENT:

1. Camp Counselor at Assemblies of God Abaco Youth Camp, Marsh Harbour, Abaco, The Bahamas (July 2003, July 2004, July 2005, & July 2006)
2. Coordinator for GB Distributor Billiard League (2014-Present)
3. Presenter on the panel on the proposed Freedom of Information Act held at the College of The Bahamas together with Justice Jeanne Thompson (Ret.) and Professor Legal Benjamin (October 2014.)
4. Guest Lecturer to Eugene Dupuch Law School, Civil Practice and Procedure; January 2015
5. Co-Chair BBA Junior Bar Education Committee (February 2017 to Present)
6. Organizer/Chair of Employment Law Forum in Freeport (January 2017)
7. Organizer/Chair of Appellant Law Advocacy and Practice Forum in Nassau (February 2017)

PRACTICE

I am a litigator.

My main areas of practice include Judicial Review, Constitutional Law, Personal Injury, Condominium Disputes, Employment Law, and Environmental Law. On a smaller scale, I practice Immigration and Criminal Law.

I have appeared before the following courts: (i) Industrial Tribunal, (ii) Magistrates Court, (iii) Supreme Court, (iv) Court of Appeal, and (v) the Judicial Committee of Privy Council, conducting trials and appeals as both Junior and Lead Counsel. I have appeared as Junior Counsel before the Judicial Committee of the Privy Council in 2012 and I am also as Lead Counsel in February 2017 and have also conducted taxations before the Supreme Court, Court of Appeal and the Privy Council and versed in the entire appellant process.

I also have judicial experience having served as Assistant Registrar (Acting) of the Supreme Court of The Bahamas in July 2016 and in April-May 2018 and October 2018 I served as the Deputy Registrar (Acting) of the Supreme Court of The Bahamas and in late 2018 I served as the Vice President (Acting) of the Industrial Tribunal (i.e. Employment Court Judge). During my stints, I heard and determined a number of cases dealing with a number of complex issues.

Selected Legal Issues:

(1) Law governing a stay pending appeal – City Services Limited v. AES Ocean Cay Limited SC FP 178 of 2006 Ruling of Evans J 04.06.2012
(2) Law governing leave to appeal – Wildyne Melidor et al v. Mitchell et al JR 11 of 2015 Ruling of Bain J 23.11.2015
(3) Law governing the striking out of affidavits – Tyrone Anderson v CBMC SC FP 2 of 2010 Ruling of Evans J 11.11.2013
(4) Law governing orders of costs against council personally – Michael Westenhoefer v. CBMC SC FP 273 of 2012 Ruling of Ass. Reg. E. Charlton 11.07.2014
(5) Priority and ranking of interests in property – Oceania Heights Limited v Willard Clarke Enterprises Limited & others [2013] UKPC 3
(6) Law governing extensions of time – Kellys v. Customs SCCivApp 50 of 2011 Ruling of Allen P 24.09.2013
(7) Injunctions against the crown – Smith et al v. Christie et al JR 5 of 2015 Ruling of Weekes J 05.10.2015
(8) Review of consultation processes by way of judicial review – R and Perry Christie, PM et al Ex P Smith et al JR 5 of 2015 Judgment of Charles J 05.05.2016
(9) Admissibility of Affidavits sworn by Counsel – R v. Fred Mitchell, Min. of Imm. et al Ex Parte Wildyne Melidor et al JR 11 of 2015 Ruling [No.2] of Bain J 01.09.2015
(10) Holding Executive/government Officials in contempt of court orders are breached – R v. The Hon. Perry Christie, PM et al Ex Parte CTPCB JR 4 of 2015 Ruling (No. 1) of Bain J 21.03.2016
(11) Discovery in judicial review – Wildyne Melidor et al v Mitchell et al JR 11 of 2015 Ruling of Bain J 11.11.2015
(12) Availability of Judicial Review on behalf of Dolphins – Alfred Gray et al Ex. Parte reEarth JR 34 of 2013 Judgment of Isaacs J 2014.07.17
(13) Restoration of appeals – Alfred Gray et al Ex. Parte reEarth COA 214 of 2014 Oral Judgment of Conteh JA 16.12.2014
(14) Strike Out of Statement of Claims and Reply – Caribbean Mining Group Ltd. v J. O’Brien et al Ruling of Evans J 31.05.2013
(15) Recoverability of Overtime by Supervisors upon termination of employment – Hazel Williams v GBPA IT No. 63 of 2003, Ruling of Ernie Wallace, Vice President
(16) Law governing costs being allowed on a taxation for Registered Associates – Caribbean Mining Group Ltd. v O’Brien et al SC FP 20 of 2012 Ruling of Charlton AR 14.04.14
(17) When time starts to run for the purpose of appeals from a registrar – Michael Westenhoefer v. CBMC SC FP 273 of 2012 Ruling of Weekes J 18.08.2015
(18) Security for costs against a company – World Class Development Limited v Von Albedyhll SC FP 167 of 2011 Ruling of Evans J granting security for costs 28.03.2013
(19) No security for costs unless grounded by Order 23 or Companies Act – R and Rt. Hon. Perry Christie, PM et al Ex Parte Frederick Smith et al FP JR 5 of 2015 Ruling of Weekes J 11.09.2015
(20) Joinder of parties in judicial review – CTPCB v PM et al JR 15 of 2014 Ruling of Bain J 17.10.2014
(21) Assessment of damages when referring to foreign awards – Scott v. AG [2017] UKPC 15
(22) Indemnity costs orders – Kellys v. Customs JR5 of 2010 Ruling of Evans J 31.03.2017