Two complaints were submitted today to the Bar Council's disciplinary board against lawyer S Kanawagi, alleging that he had misappropriated money belonging to his clients, comprising Orang Asli from Lembah Linggiu, Johor.

Spokesperson for the group, Saling Lau Bee Chiang, submitted a letter this morning at the board's office in Wisma Maran, Kuala Lumpur. The 36 complainants are part of a larger group of Orang Asli involved in the case.

The second complaint was lodged by Tan Moon Hui, the Johor co-ordinator of human rights group Suaram, which had helped publicise the plight of the group.

In his letter, Tan queried why the lawyer paid RM2.2 million to a middleman for an introduction to the Orang Asli.

Contacted today, Kanawagi declined comment on the complaints, as well as on allegations that he had forced the Orang Asli to sign documents on Sunday night to prevent the loss of their trust fund of RM22 million.

Earlier, he had denied the allegations of fraud and embezzlement, claiming to have retained RM10.2 million for legal fees and costs, and to have disbursed RM 2.2 million to a middleman and RM3.6 million to his clients.

The money was part of the RM38 million awarded to 52 Orang Asli in a landmark ruling in 1995, after they sued the Johor government over the acquisition of part of their land for construction of a dam.

The Johor Baru High Court had ordered that RM22 million be kept in a trust fund for 25 years and that the balance of RM16 million be distributed amongst the plaintiffs after legal fees were deducted.

Details wanted

In their letter to the Bar Council, the Orang Asli claimed that Kanawagi has, to date, not furnished them with accounts.

"We have asked the lawyer to furnish us with detailed accounts of the management of our money, but he has refused to. Until today we aren't aware of which bank the trust is being kept in and what the balance of the trust is," the letter said.

"We hope the Bar Council will investigate the matter and pay serious attention to our predicament."

The group said a total of RM16,026,500 has yet to be accounted for - comprising RM14,997,500 from the compensation portion of the award (of RM16 million) and RM1,029, 000 as interest from the trust fund.

Contacted later, Council vice-chairperson Yeo Yang Poh said the merits of the complaints would be considered before being referred to the board.

It will set up a preliminary tribunal consisting of two lawyers and a layperson, who will then submit their recommendations - for either a disciplinary committee to take up the investigations or to dismiss the complaints.

"The tribunal can recommend a fine or reprimand. If a disciplinary committee is set up, it will also have to make its recommendations to the board," Yeo said.

Under the Legal Profession Act 1976, the tribunal has three months to report its recommendations unless it requires an extension of time.