PUTRAJAYA: The federal court today confirmed the decisions of the Board of Advocates and Solicitors (DB) and two solicitors who were cleaning the lower courts Cecil Abraham with poor professional behavior.
Judge Sabah and Sarawak David Wong Dak Wah said based on the situation, a reasonable decision would have come to the conclusion that the respondent is not guilty of misconduct.
“The level of verification is higher than reasonable, and the appellant has not made a case,” he said in his decision to abolish the appeal given by the Council.
Wong, who delivered the decision, said that apex court also said there were no errors in enforcement.
The Lord Richard Malanjum was accompanied by Wong, Ramly Ali, Mohd Zawawi Salleh and Balia Yusof Wahi.
However, criticism was made by a four-member bench, following which Balia resigned last week.
Councilor Abraham Rishawant Singh asked that the council's pay costs at RM150,000 as its case, started in 2015, would be taken to the Federal Court.
However, Bastian Pius Vendargon, who appeared to the council, said that expenses should not be provided as the lawyers were carrying out a statutory role.
“He took this case after a decision of members of the general group at an annual general meeting,” he said.
Malanjum then called for no expenses to be provided.
Last year, the council failed to repeat its appeal against the decision of DB to clear Abraham's return of serious crime.
This related to the second statutory declaration (SD2) by the private inspector P Balasubramaniam, or PI Bala, who determined that he had chased the old Najib Razak minister in joining the Nazib Razak festival. high profile Altantuya Shaariibuu in 2006.
The Court of Appeal ruled that the complaint and evidence against Abraham were scarce and largely unsafe to prove that there was misconduct under Section 94 of the Legal Profession (LPA) Act 1976.
A panel of three members, Tengku Maimun Tuan Mat, said the debate ensured that there was a complaint in the LPA 4, 2013 and its appendices which did not contain a complaint in the LPA and appropriate disciplinary regulations.
“The letters really ask questions directly from the Bar, asking if the interviewee (Abraham) knows and involved in the preparation of SD2,” she said.
Tengku Maimun said that Abraham said he was unable to display this information as was the person responsible for the lawyer.
She said at the control hearing, Abraham changed his position effectively by refusing to take part in the preparation of SD2.
She said Vendargon had put the news in that it was coming to an end and that strong evidence was that Abraham was involved in the drafting of the SD2.
But Tengku Maimun said that Abraham had told his company to have only given advice on the SD2 that wanted to invite a lawyer to claim benefit. role of the disciplinary committee (DC).
“On our side, after we have checked the record, we find that the false evidence is not verifying the misconduct complained about,” she said.
The appeal was registered in May 2016, with a view to resigning DB's decision and ordering Abraham to be charged with misconduct.
He acknowledged that the DB had broken the law in confirming the discovery and recommendation of the DC.
In March, the DB confirmed the outcome and a recommendation by the DC that there was no reason to act against the lawyer.
On December 5, 2016, justice Hanipah Farikulah dismissed your Bar claim.
An objection was objected to Abraham for stating that he put the SD2 forward for PI Bala, who was the witness in the Altantuya murder trial.
On 4 July, 2008, PI Bala signed the SD2, removing his first SD and outlining he was signing the first document.
An earlier day, he told a full-time media conference, organized by PKR, that the contents of the first SD, which linked to Najib and several others in the Altantuya murder, were true.
PI Bala, the leading witness in the Altantuya test, died of a heart attack on 15 March 2013.
He had been working for political director Abdul Razak Baginda, who was a partner of Najib who hired to keep an eye on Altantuya before she went away.