Disciplinary board concerned over cheating allegation against two lawyers
KOTA KINABALU: The Sabah Advocates Disciplinary Board (DB) has expressed concern for the family of one of the women who claimed they were cheated by two Sabahan lawyers involving RM70,000, and currently serving eight years and six months in jail plus three million yen fine imposed by the Chiba District Court in Japan for drug offences.
Its chairman, Datuk Douglas Primus, disclosed this in a statement in relation to a news report in a local daily regarding the alleged misconduct of the lawyers for allegedly cheating family members of Sabahans who were sentenced to jail and fine in Japan.
He said the Board heard all complaints against lawyers and the lawyers were subject to the control of the DB for the purposes of all disciplinary actions.
“Any lawyer who has been found guilty of any misconduct shall be liable to any one or more of the following penalties or punishments such as to be struck off the roll, suspended from practice, ordered to pay a fine, reprimanded or have costs awarded against him,” explained Douglas.
He also pointed out that the DB might in appropriate cases make an order of restitution by the lawyer of the complainant's monies if it is established that such monies were or are held by the lawyer in his professional capacity and the complainant is entitled to the return of such monies.
“To public who would like to lodge a complaint, the procedure is provided by the Advocates (Disciplinary Proceedings) (Procedure) Rules 2018.
“A reasonable opportunity is provided to the lawyer to be heard to give an explanation of the complaint made as not all cases result in a finding against a lawyer and in the event that there are any complaints for misconduct against any lawyers in the State of Sabah, such complaints may be directed to discipline@ sabahlawsociety.org,” said Douglas.
The DB was created as an independent statutory body as a result of the recent amendments to the Advocates Ordinance pursuant to the Advocates Ordinance (Sabah) Amendment Act 2016 which came into operation on July 1, 2017.
It consists of a Chairman who is either a retired judge of the High Court or qualified to be a judge, the president of the Sabah Law Society or the vice president as his alternate and eight advocates all of whom are not less than seven years' standing.
To date, the DB has already made decisions against lawyers and has ordered suspensions and/ or fines to that effect.