THE Court of Appeal has dismissed an appeal by former lawyer V.K. Lingam to return to practice, after he was disbarred over allegations of misconduct.

Lingam was struck off the rolls by the Advocates and Solicitors Disciplinary Board of the Malaysian Bar in 2015 over a recording that implicated him in a judicial fixing scandal, which took place in 2007.

A three-member Court of Appeal bench – chaired by Justice Lee Swee Seng, alongside Justices Lee Heng Cheong and Hashim Hamzah – found that the high court was correct in maintaining the disciplinary board’s ruling.

Lee said that there is no proof that the recording made by Low Gwo Burne – then Lingam’s client – had been tampered with and furthermore, Lingam himself had never denied the conversation.

“He (Lingam) never denied that the conversation with the other person on the phone took place or that he was boasting with the Lohs, who were his clients. As such, we find there is no merit in this appeal and the decision by the high court is affirmed,” the judge said.

The recording in question was a telephone conversation between Lingam and another person, who was later determined to be then Chief Judge of Malaya Ahmad Fairuz Abdul Halim.

The court also ordered Lingam to pay RM30,000 in costs to the Bar.

Razlan Hadri Zulkifli, representing the Bar said they were glad that the court upheld the high court’s decision.

“The Bar feels very thankful and happy with the decision. At this moment, the Bar is glad that the decision was upheld, we have proven our case at all levels.

“It’s nothing personal, but he misconducted himself, and this is what happens if you do,” Razlan told The Malaysian Insight.

Lingam initiated a judicial review following the disciplinary board’s decision to strike his name from the rolls.

Razlan added that Lingam has 30 days to file an appeal to the Federal Court.

The appeals hearing today was held online via Zoom. Lingam was represented by R. Thayalan. – July 27, 2021.