Press further, and you’d be lucky if you are not advised to pursue it in court as a civil case.It’s not the cops who are talking. It’s the scheming lawyer whom you want to bring to justice.There is one way though to weigh down heavily on such craftiness – the Federal police headquarters should investigate all police reports against lawyers alleging criminal breach of trust, moots Bar Council president Ragunath Kesavan.If centralising serious offences involving lawyers sounds simplistic in concept, don't worry, it is. Ragunath said this would effectively cut off “local connections and interference” and ensure investigations were carried out unhindered.
He estimated that a staggering 90 per cent of police reports against errant lawyers are dismissed as NFA. The complainants are often told to take the costly and lengthy civil action.Ragunath said police were not taking cases of criminal breach of trust (CBT) involving lawyers seriously and wanted stringent action on all reports made against advocates and solicitors. The Bar boss made these comments in a discussion with The Malay Mail on the arrest of two lawyer brothers in connection with the Banting slaughters that have stunned the nation and opened a window into suspect investigative and policing procedures.
Ragunath, like many, opined that the murders of cosmetics queen Datuk Sosilawati Lawiya and her three associates could have been avoided had police viewed the earlier reports of cheating and missing persons against the two brothers seriously.He bemoaned the brothers, one a Datuk, had used their positions as lawyers to allegedly commit a heinous crime.On the current position of the brothers, Ragunath explained they went about their business as lawyers because they obtained a stay pending an appeal to the court against the Bar Council disciplinary board’s decision to disbar them on Nov 5 last year.
At their appeal in court, scheduled for Oct 18, the brothers were to have argued charges that they had misrepresented themselves as advocates and solicitors in furnishing a false power of attorney pertaining to the sale and purchase of a house in Banting.The brothers were suspended from practice from March 9, 2007 to March 30, 2008, over a land transaction.Last month, the younger brother faced three counts of CBT involving transfer of a piece of land worth RM200,000. The Klang Sessions Court granted him bail of RM50,000 pending mention of the case on Sept 20.
So with all these, one would think that the Bar Council would be asked to give its views on a lawyer recommended for Datukship or any other State or Federal title. They are not consulted.Shouldn’t they be asked for their views as there might be cases, police reports or disciplinary matters pending against those recommended? They are never consulted.Perhaps, the authorities should rethink the manner in which State and Federal titles are awarded to such professionals to avoid embarrassment.In the case of the Datuk lawyer, he was conferred the award last year despite having been suspended by the Bar for fraud and having the appeal date in court next month, also for alleged deceit.The Commercial Crimes Investigations Department (CCID) in Penang and Bukit Aman are also investigating him for land fraud and cheating cases involving millions of ringgit.
Meanwhile, one is innocent until found guilty but not it seems to Deputy Minister in the Prime Minister’s Department Datuk T. Murugiah. He met this Datuk lawyer, the main suspect in the Banting murders, at a function and found him a “gentle and polite personality”.The lawyer asked Murugiah if he could join the MIC. “Why not?” he excitedly replied.Then when the horrific story broke, Murugiah said: “This incident changes everything and we no longer welcome him to the party even if he is indeed innocent.”No respect for the institution of justice, Datuk? Or is it because you are disappointed that he couldn’t make the numbers for the 200,000 people you had promised to take into the MIC
Source : http://www.mmail.com.my/content/49382-sosilawati-murder-and-legal-system-takes-no-further-action
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