Mr Peter Edward Dawson-Ball (Date of Birth: 10 March 1954) of 12 Clos Du Petit Bois, Rue Cauchez, St Martins, Guernsey, GY4 6NX31st December 2020
On 15 November 2019, the Guernsey Financial Services Commission (“the Commission”) applied to the Royal Court of Guernsey under section 427 of The Companies (Guernsey) Law, 2008 (the “Companies Law”), to seek a disqualification order against Mr Dawson-Ball.
On 8 December 2020, the Deputy Bailiff handed down her judgment in which she disqualified Mr Dawson-Ball from:
- being a director, secretary or other officer of any company;
- being a shadow director of any company;
- participating in, or being in any way concerned in, directly or indirectly, the management, formation, or promotion of any company;
- participating in, or being in any way concerned in, directly or indirectly, the management, formation or promotion of any overseas company;
- being an administrator of any company;
- being a receiver of a cell of any protected cell companies; and
- being a liquidator of any company.
for a period of 12 years, which will run from 16 December 2020 until 15 December 2032.
In support of the disqualification application, the Commission relied upon criminal offences of which Mr Dawson-Ball was convicted in the Royal Court on 11 February 2019. There were:
(i) One offence of money laundering contrary to section 39 (1) of The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 as amended (the “Proceeds of Crime Law”);
(ii) Two offences of acquiring, possessing and using the proceeds of criminal conduct, contrary to section 40 (1) of the Proceeds of Crime Law.
Mr Dawson-Ball was sentenced to 180 hours of community service for Count 1 and in respect of the two counts under section 40 (1) of the Proceeds of Crime Law, 15 months’ imprisonment concurrent on each suspended for a period of 2 years.
The Royal Court noted, in making the disqualification order, that at the time the offences were committed, Mr Dawson-Ball was already subject to a prohibition order made under section 17A of the Regulation of Fiduciaries, Administration Business and Company Directors etc. (Bailiwick of Guernsey) Law, 2000 following his involvement with a business known as Claridges Trustees Limited. This was considered to be an aggravating factor in considering the appropriate length of disqualification.
In making the disqualification order, the Royal Court was mindful of a number of factors including:
- the need to protect the Bailiwick’s reputation;
- that one of the purposes of the Companies Law is to protect the public against future conduct not only locally but also in the appropriate case, any overseas companies;
- Mr Dawson-Ball’s lack of acceptance of his role in the offending as found by the Royal Court in convicting and sentencing him; also of his failure to consider the consequences of his conduct and that of those he associated with on people, often in very difficult circumstances, who were taken-in and exploited.
The Commission welcomes the decision, which will assist in further protecting the public and the reputation of the Bailiwick as an International Finance Centre.