Bar loses appeal over senior lawyer’s misconduct case

PUTRAJAYA: The Bar Council lost its appeal to set aside the order of the Advocates and Solicitors Disciplinary Board (DB), which cleared senior lawyer Tan Sri Cecil Abraham of a complaint of misconduct.

The complaint against Abraham centred on his alleged involvement in the drafting of a second statutory declaration by the late private investigator P. Balasubramaniam on the murder trial of Mongolian Altantuya Shaariibuu.

In dismissing the appeal, Court of Appeal judge Justice Tengku Maimun Tuan Mat ruled that the circumstantial evidence was contained in the letter dated April 4, 2013 and its appendices and was the chronology of events and evidence in support of the complaint.

“In summary, the complaint and evidence was patchy and largely hearsay and wholly unsafe to warrant finding of misconduct within Section 94 of the Legal Profession Act.

“In all these circumstances, we are unanimous in our view that the appeal should be dismissed,” she said yesterday.

The panel made no order as to cost.

The other two judges who sat on the panel were Justices P. Nalini and Mary Lim Thiam Suan.

Counsel Rishwant Singh acted for Abraham, while Datuk Bastian Vendargon represented the council.

On Dec 5, 2016, High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah held that she did not find any grounds to interfere with the DB’s decision.

In the court papers, the council claimed that the DB failed to consider or give sufficient weight to relevant evidence in the second statutory declaration by Balasubramaniam.

Balasubramaniam, who died of a heart attack in March 2013, was a prosecution witness.

In an originating summons filed in April 2016, the council asked that Abraham be found liable for misconduct within the meaning of Section 94 (3) of the Legal Profession Act 1976 and be punished accordingly.

According to the council’s affidavit, Balasubramaniam signed a first statutory declaration (SD1) before a Commissioner for Oaths on July 1, 2008.

The SD1 contains certain facts which the late investigator claimed were related to the then ongoing Altantuya murder trial.

This was made known to the public through a press conference on July 3, 2008.

On July 4, 2008, Balasubramaniam signed another SD before a second Commissioner for Oaths, Zainal Abidin Muhayat, retracting the entire content of SD1 and alleging that he had been compelled to sign the SD1 under duress.

The disciplinary proceedings against Abraham commenced on Feb 27, 2014 and ended on Feb 7, 2015.

In a unanimous decision, the committee found that there was no cause for any disciplinary action against Abraham and the complaint for misconduct was dismissed.

The DB affirmed the findings and the recommendation of the disciplinary committee.