The Bar Council has decided to lodge a report with the Advocates and Solicitors Disciplinary Board over the allegations of professional misconduct involving senior lawyer Cecil Abraham.

Newly elected council chairperson Christopher Leong said the Bar would also urged the prosecution, in particular the attorney-general, to re-open the Altantuya Shaariibuu murder case which implicated the two police officers.

NONE "This was decided by the council meeting today immediately after the AGM (annual general meeting) and we will lodge a report soon with the DB (disciplinary board),” said Leong ( left ).

“We will also gather statements from (lawyer) Americk Sidhu and carpet businessman Deepak Jaikishan. There has been new evidence leading to the case since late last year, and now.

"So we will lodge the report with the DB next week and are urging the AG to re-open the file.

"As you know in this case, there was no clear motive of the killing. We will be making representations with the AG to re-open investigations into this matter in light of the information that has come since late last year and today.

"Much has been said of the apparent lack of obvious motive for the two convicted policemen to have perpetrated the crime. Much has remain unanswered. We felt there is enough evidence for the council to lodge a complaint to initiate action. We felt there is enough prima facie evidence for this," said Leong.

Leong also verified what Americk had stated earlier in implicating Cecil as the person who drafted the second statutory declaration for the late private investigator P Balasubramaniam on the orders of then deputy prime minister Najib Abdul Razak.

The disciplinary board is chaired by recently retired Court of Appeal judge Syed Ahmad Helmy Syed Ahmad and it has 15 other members.

Inquiry at 'tail-end'

Leong said the Bar's inquiry into the matter is at the “tail-end” but he stressed that the council does not have investigative powers unlike the disciplinary board.

“That is why we are lodging a complaint (to the disciplinary board). We will ask Deepak and Americk to give a formal statement to facilitate the complaint,” he said.

NONE Deepak ( right ) had previously indicated that he would not cooperate with outgoing Bar Council chairperson Lim Chee Wee for allegedly dragging his feet over the matter. However, the carpet trader may work with the new office-bearers.

Leong explained that an amendment to the Legal Professions Act 1984 requires the setting up of a statutory body - the disciplinary board - to look into various complaints against lawyers.

When pointed out that the disciplinary board often take a long time to deliberate on complaints such as the one involving another senior lawyer VK Lingam, Leong reiterated that the disciplinary board has to observe certain laws and procedures.

“It is investigative in nature. When a complaint is lodged, it is given two months to commence and then it would be given several months for it to be concluded. The board can request for more time from the DB chairperson.

“Care is always taken, particularly to the civil allegations. Certainly the Bar Council would like to see the process finishes expeditiously but we want at the same time ensure that it is thorough in its investigations,” he said, adding there is no fixed deadline for the board to conclude its findings and to mete out punishment, if need be.

The complaint on Lingam follows a royal commission of inquiry over allegations of fixing judicial appointments, which is believed to be still ongoing.

Asked to comment on what sort of punishment Cecil could face should he be found guilty, Leong said he would not answer that as it would be pre-emptive to do.

Frequent breakdowns of e-filing system

Leong also said the AGM unanimously agreed to ask the judiciary to look into the problems plaguing the court’s e-filing system and to reduce its fees which at present is RM1,500 as this would hinder access to justice.

He said there has been much complaints over the e-filing of court documents due to frequent breakdowns.

Leong also said that the council has urged the higher courts to write extensive judgments instead of  brief ones.

In the past, former Chief Justice Zaki Azmi had promoted the writing of brief judgments to clear the backlog of cases.

However, Leong said members of the Bar has expressed concern that such judgments are not extensive enough in going into the salient facts, especially those involving the upper courts - the High Court, Court of Appeal and Federal Court.

According to the Leong, the Bar has pledged to work closely with the judiciary, the chief justice and the office-bearers and the Attorney-General’s Chambers.

Besides Leong, the other new office-bearers are vice-president Steven Thiru, secretary Richard Wee and treasurer Karen Cheah.