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.”