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Explosive evidence to be revealed in lawyer’s disciplinary case over PI Bala’s sworn statement

Bekas pengarang Harakah beri keterangan kes disiplin berkaitan pembunuhan Altantuya

The disciplinary proceeding against prominent lawyer Tan Sri Cecil Abraham for allegedly preparing an unauthorised statutory declaration (SD) for the late private investigator P. Balasubramaniam (pic) may be opened to the public after it was learnt that more "explosive evidence" will be revealed.

Sources told The Malaysian Insider that a witness is expected to testify before the disciplinary committee that he was initially approached by a top Putrajaya official to help draft Bala's second SD, but he had refused to comply.

This "explosive" testimony should be made public and that is why there are moves to open the proceedings to the public, a source told The Malaysian Insider.

It is learnt that Manjeet Singh Dhillon, who is holding a watching brief for Americk Singh Sidhu (Bala's lawyer), would make the application before the three-man committee hearing the matter when the case continues on August 23.

Americk is also scheduled to give evidence on that day.

"The disciplinary proceeding rules are silent on allowing outsiders to follow the case. Anyway, this hearing should not be held behind closed doors as it was a case of public interest," the source told The Malaysian Insider.

Lawyer Datuk Bastian Pius Vendargon is the new counsel for the Bar Council who is the complainant in the case. Vendargon replaced another senior lawyer Lambert Rasaratnam who opted out for reasons that remains sketchy.

Commenting on the move for public proceedings, civil law lecturer Surdev Singh said it was unprecedented as such inquiries were held to determine if the lawyer was guilty of professional misconduct.

"The committee will have to refer to the disciplinary board for a decision and very likely, parties may go to the High Court to determine whether such proceedings could go public or remain private," Surdev told The Malaysian Insider.

The disciplinary proceeding against Abraham before a three-man Advocates and Solicitors Disciplinary Board (ASDB) committee for professional misconduct began in March.

The contentious second sworn statement was to counter Balasubramaniam's first SD, which had incriminated Prime Minister Datuk Seri Najib Razak and several other personalities in relation to the 2006 murder of Mongolian interpreter Altantuya Shaariibuu.

The ASDB decided to hold the proceedings after finding there was a prima facie case against the lawyer for professional misconduct because when Abraham drafted the SD, he was not on record as Bala's lawyer.

At all material times, Americk was on record as counsel for Balasubramaniam, the source said.

The committee, comprising two lawyers and a layman, is looking into alleged misconduct under Section 94 of the Legal Profession Act (LPA) 1976 for "conduct or omission to act by a lawyer in a professional capacity which amounts to grave impropriety".

The Bar Council lodged a complaint against Abraham to the ASDB last year and council chairman Christopher Leong appeared in March before the committee to give evidence in a closed-door session.

Americk had thrown light on the contentious SD when he read out a prepared statement at the Malaysian Bar's 67th annual general meeting (AGM) last year where he had said: "Tan Sri Cecil Abraham admitted to me that he was the one who drafted the second statutory declaration".

Americk later told reporters at the sidelines of the AGM that the directive to Abraham came from Najib, who was then the deputy prime minister.

"I'm not interested in lodging a complaint with the board. That is not my agenda. My agenda is just to find out who instructed him (Abraham) to do it," he had said.

Leong, had also on the sidelines of the AGM, suggested that the Attorney-General’s Chambers relook Altantuya’s case based on evidence from Americk’s revelation, as well as carpet trader Deepak Jaishikin’s admittance of involvement in the case.

“Much has been said about the obvious lack of motive for the two police officers to commit the crime. That remains the unanswered question,” Leong had said.

Two former police commandos – Corporal Sirul Azhar Umar and Chief Inspector Azilah Hadri – who were charged with Altantuya's murder, were found guilty and sentenced to death by the Shah Alam High Court.

Their convictions, however, were overturned by the Court of Appeal last year.

Putrajaya is appealing the decision by the Court of Appeal. Former political analyst Abdul Razak Baginda, who was charged with abetting them, was also acquitted in 2008.

Balasubramaniam or "PI Bala" had accused several top federal government personalities of being involved in Altantuya's murder in his first SD in 2008, two years after the woman's murder.

But he retracted the SD the following day and signed a new one, where the names of the personalities, including Najib, were omitted.

Bala died of a heart attack on March 15 last year, weeks after returning home with his family from a forced exile.

Lawyers familiar with disciplinary proceedings said the committee would make its findings and recommendations to the board, including the punishment to be meted out for misconduct.

Under the LPA, a lawyer found guilty of misconduct could be reprimanded, fined, suspended from practice for up to five years, or struck off the roll.

Last month, Balasubramaniam's widow A. Santamil Selvi and her children filed a suit over their exile in India against nine people including Najib, his wife Datin Seri Rosmah Mansor, and Najib's brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak.

Also named in the suit are Abraham, his son Sunil Abraham, commissioner of oaths Zainal Abidin Muhayat, Deepak and lawyer M. Arunapalam. – July 9, 2014.