THE Federal Court has cleared lawyer Cecil Abraham of professional misconduct relating to a statutory declaration that he prepared for the late private investigator P. Balasubramaniam.
A four-judge panel, comprising Chief Justice Richard Malanjum, Chief Judge of Sabah and Sarawak David Wong, and justices Ramly Ali and Mohd Zawawi Salleh, dismissed the disciplinary complaint brought by the Malaysian Bar.
Justice Balia Yusof Wahi, who was on the panel, retired last week.
Wong, delivering the oral judgment, said the lawyers’ group failed to prove beyond reasonable doubt the alleged misconduct by Abraham.
No costs were awarded to him.
Last year, the Bar failed in its appeal against the Advocates and Solicitors Disciplinary Board’s decision clearing Abraham of wrongdoing.
This was in relation to a second statutory declaration by Balasubramaniam, also known as PI Bala, which purportedly cleared former prime minister Najib Razak of involvement in the high-profile murder of Mongolian model Altantuya Shaariibuu in 2006.
The Bar was represented by lawyer Bastian Vendargon, while Abraham was represented by counsel Rishwant Singh.
Following a hearing of the complaint against the prominent lawyer in February 2015, the disciplinary board found there was no cause for action against Abraham.
The Bar subsequently filed an appeal through an originating summons on March 11, 2016, seeking to set aside the board’s decision.
However, the appeal was dismissed by the Kuala Lumpur High Court on December 5, 2016, prompting the Bar to appeal at the Court of Appeal. – March 29, 2019.
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