Criminal law attorney, Mario Merritt, believes the non-disclosure agreement signed between former sports minister Darryl Smith and the person who accused him of sexual harassment, may not be valid.
He says this is because an NDA cannot be used to cover-up an actual crime.
“The law prohibits contracts that are against public policy. If you’re dealing with a normal trade dispute, it’s not a problem,” he explains. “But if you are using an NDA to hide a criminal act, then that agreement is void; it has no value. You can’t use a contractual relationship to allow crime.”
The attorney adds: “If it reaches to the point of a court, the courts will say ‘this is against public policy. We cannot allow things that will harm the public to be hidden like this’.”
According to Mario Merritt, a person with an interest in the case could get the courts to void the non-disclosure agreement.
Story by NEWS DESK