Bar Council behaves like a MACC upon Who is this Tan Sri Lawyer?
by MCLM's Hari Ibrahim
"We have additionally perceived yesterday a minute from [lawyer-activist] Haris Ibrahim requesting a Bar Council to launch an review to brand a counsel (s) concerned, when it appears to us which Haris might know a temperament of these lawyers." "This has caused unnecessary conjecture as well as confusion": Bar Council President, Lim Chee Wee, as reported inFMT.
Really, my role in promulgation a minute was not to means conjecture as well as confusion.Quite a contrary.
you merely asked which a Bar Council examine to (1) brand a solicitor(s) concerned, as well as (2) discern if there was any incorrectness in a preparation of SD2.It right away appears to a Bar Council which you know a temperament of a lawyer(s)?
In my"Who is a Tan Sri lawyer?"post, this is what you pronounced :
"I have perceived confirmation from 3 independent as well as reliable sources as to who this scumbag is".
Surely a Bar Council will not read this to meant you have direct believe of a acts in question, rather than believe of informants, albeit, in my opinion, reliable, relating to these acts.
In my minute to a Bar Council, you had narrated 17 sets of contribution prior to to you posted two questions which you felt were of importance.
1. Did a solicitor(s) who drew up SD2 take instructions from Bala prior to to to drafting a same which was finally affirmed b! y Bala?< /div>
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2. Given which by a conditions of SD2, Bala would be revelation to an corruption of swearing out a prior to to fake orthodox declaration, was it not incumbent upon a solicitor(s) endangered in a preparation to have taken instructions from Bala as well as to have warned him of a consequences of affirming a orthodox stipulation which was being drawn up for his affirmation?
The second question, for me, sums up a emanate of concern. Now, prior to to you contend some-more upon this second question, you might find a following report helpful.
Section 42 of a Legal Profession Act, 1976 (LPA) lays out a objects as well as powers of a Malaysian Bar.
The really initial role of a Bar :to uphold a means of probity but courtesy to a own interests or which of a members, uninfluenced by fear or favour.
Now a Council president has urged which if any one has compelling evidence, which they step brazen to"lodge such justification together with a censure rught away with a disciplinary board".
Can a Bar Council have a complaint?Section 99 of a LPA relates to complaints to a Disciplinary Board. Sub-section (3) states :Nothing in this territory shall be taken to obviate a Bar Council or a State Bar Committee from creation any censure of a own motion to a Disciplinary Board opposite an advocate as well as barrister or a pupil.
Of course it would be unconditionally irresponsible for a Council to lodge a censure but prior to to investigation.
And to discern a name(s).
And if there was any impropriety.
Which is all which my minute which caused conjecture as well as difficulty asked a Council do.
Is it unable to investigate?
The Malaysian Bar is unable to investigate?
Do not a decent lawyers remaining during a Bar want to get to a bottom of this?
Back to a second subject you posed in my letter. Section 57 of a LPA deals with specific powers of a Bar Council. 57(b) provides thatthe Bar Council shall have energy to answer questions affecting a use as well as practice of a contention as well as a control of members.
Hmm, may be my minute was feeble worded as well as you should have put a second subject as one requiring an answer from a Bar Council.
Never mind, may be one of you keen young reporters can pose a same second subject to a Bar Council for an enlightened response.
you mean, if a answer is which such control as is described in my subject is well in gripping with a finest traditions of a Malaysian Bar as well as sits well with a first role of support a means of justice, afterwards they can treat this make a difference as Gani Patail so often does.
Stamp my letter"NFA".
FMT additionally reports :
Lim additionally pronounced which a many important chairman in a censure opposite a authorised practitioner should be a plant himself, but a strong "victim" has yet to come forward.
"Who is a plant here? Has a plant Balasubramaniam raised concerns about anything during this point? We need some-more facts, possibly from a plant or somebody else."
"People must come brazen with a facts. I'm not starting upon a fishing expedition knocking upon people's bureau or doors for facts. This is not a case of clients income disappearing.
"This report is suggested by someone whose own credentials is means for concern," pronounced Lim, referring to Deepak.
Asked if a Bar Council is demure to act, he said: "We cannot contend you have been not doing anything. Those with some-more facts, come forward. We will do what is necessary. Even during this time, you will look into this serve if necessary," he said.
Gosh, where have you heard a likes of this before? MACC?
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