Bar appeals against clearing of lawyer
Published on: Thursday, May 12, 2016
Kuala Lumpur: The Bar Council is appealing against the Advocates and Solicitors Disciplinary Board's (DB) decision which cleared senior lawyer Tan Sri Cecil Abraham from misconduct in relation to the second statutory declaration (SD) by late private investigator P. Balasubramaniam.The Bar filed the appeal through an originating summons last April via Messrs Chee Hoe & Associates at the High Court Registry here, naming Abraham as sole respondent.In the originating summons, the Bar is seeking to set aside the DB's decision dated March 11, 2016 and an order that the respondent be found liable for misconduct under Section 94(3) of the Legal Profession Act 1976, costs and other relief deemed fit by the court.ADVERTISEMENT The Bar claimed that the DB had erred in law in affirming the finding and recommendation of the Disciplinary Committee (DC).The High Court set Jun 8 for case management. The media obtained the cause papers through file search.The DB had affirmed the DC's finding and recommendation which found there was no cause for disciplinary action against the senior lawyer.A complaint was filed against him for misconduct for drafting a second SD by Balasubramaniam, who was a prosecution witness in the Mongolian national Altantuya Shaariibuu murder case.ADVERTISEMENT Stay up-to-date by following Daily Express’s Telegram channel.
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The hearing of the disciplinary proceedings against Abraham commenced on Feb 27, 2014 and ended on Feb 7, 2015 and the DC's finding and recommendation found that there was no cause for disciplinary action against him and subsequently, the DB had affirmed the DC's finding and recommendation.On July 4, 2008, Balasubramaniam had signed a second SD, retracting the entire contents of his first SD, alleging that he was compelled to sign the first SD under duress. The first SD was in relation to Altantuya's murder trial at the Shah Alam High Court.