Board’s decision clearing lawyer of misconduct upheld

PUTRAJAYA: The Federal Court yesterday upheld the decision of the Advocates and Solicitors Disciplinary Board (DB) and two lower courts, clearing lawyer Tan Sri Cecil Abraham of professional misconduct.

A five-man bench led by Chief Justice Tan Sri Richard Malanjum unanimously dismissed the Bar Council’s appeal.

Chief Judge of Sabah and Sarawak, Datuk Seri David Wong Dak Wah who delivered the court’s verdict said based on the circumstances, a reasonable tribunal would have come to the same conclusion that Abraham was not guilty of misconduct.

He said the standard of proof was beyond reasonable doubt as it concerned the misconduct of a solicitor.

“It had not been shown to us that there was a failure by the Disciplinary Board in acting fairly and judicially in carrying out its duty,” he said, adding that the appeal did not have merit.

Justice Wong said the Federal Court also found that there was no blatant error in the application of law.

The appeal was heard on Nov 19, last year before Malanjum, Wong and Federal Court judges Tan Sri Ramly Ali, Datuk Mohd Zawawi Salleh and Datuk Seri Balia Yusof Wahi.

However, the judgment was pronounced today by a fourmember bench pursuant to Section 78(1) of the Courts of Judicature Act as Justice Balia had retired.

Abraham’s counsel Rishwant Singh requested the court to impose RM150,000 in costs but the court agreed with the Bar Council’s lawyer Datuk Bastian Pius Vendargon that no costs should be awarded as the Bar was merely performing its statutory function.