Deepak won’t assist Bala’s SD probe yet, says Bar chief

The Malaysian Insider
by Ida Lim

KUALA LUMPUR, Feb 4 — Carpet dealer Deepak Jaikishan has declined to help the Bar Council investigate a possible professional misconduct in a murder trial witness’ sworn statement despite making the allegation, says its president Lim Chee Wee.

Despite the lack of witnesses, Lim said the council has issued letters to several people to help its queries but he did not name those asked to explain their role in private detective P. Balasubramaniam second statutory declaration (SD) over the 2006 murder of Altantuya Shaariibuu.

Balasubramaniam later repudiated the second SD.

“It is unfortunate that despite our request for assistance, Deepak Jaikishan has decided not to assist in the enquiries until after March 16, 2013 and that no one has stepped forward to assist us by disclosing the relevant facts regarding this issue,” Lim (picture) wrote in an email to The Malaysian Insider.

When contacted over the phone, Lim said that Deepak had said “he only wants to deal with the new Bar Council president” who will come into office this March 16.

Lim also confirmed in the same phone conversation that the Bar Council had in the course of making enquiries asked a senior lawyer, believed to be Tan Sri Cecil Abraham who has been alleged to be involved in the drafting of the SD, “to explain” his role in the matter.

In the email, Lim said: “The Bar Council has started making the necessary enquiries by issuing various letters to relevant persons whom we believe would have knowledge of facts and seeking their explanation/assistance.

“Such explanation/assistance would assist us to determine whether there is any prima facie evidence of professional misconduct surrounding the preparation of the Second SD.”

Lim said the council would lodge a complaint to the disciplinary board (DB) — the ultimate adjudicating body for complaints against lawyers — if prima facie evidence of misconduct is found.

“Of course, there is nothing to stop anyone else equally concerned with this matter to lodge a complaint to the DB.”

When asked, Lim said the Bar Council makes all its decision itself, before saying that the idea of having a committee of eminent persons to advise the body in this matter was considered, but was then dropped.

“The senior lawyer who we are appointing to advise us is equally eminently suited to do so,” he wrote.

Lim did not name the senior lawyer, but said the external counsel or the non-member of the Bar Council will be advising the body after it finishes its enquiries.

“After completion of enquiries, the Bar Council with the assistance of the advice of this senior lawyer will make a decision on whether there exists prima facie evidence justifying a complaint,” he wrote.

Lim said the council would not disclose details at the stage of enquiries. The disciplinary process starts only when a complaint is lodged with the DB.

“Disciplinary proceedings including the enquiries made by the Bar Council are confidential (unless an adverse finding is made against the lawyer) because the lawyer is presumed to be innocent until a decision is made by DB,” Lim wrote in explaining how the disciplinary process works.

“As and when necessary in public interest matters, BC (Bar Council) has in the past revealed information on the status of the proceedings, e.g. disciplinary proceedings regarding VK Lingam,” he added.

Throughout the emails and phone conversation, Lim did not mention Abraham’s name.

A cloud of mystery has hung over the identity of the lawyer who drew up Balasubramaniam’s second SD, dated a day after his first on July 3, 2008, regarding Altantuya’s 2006 murder, for which two elite police commandos have been convicted and are facing the death sentence. 

Balasubramaniam’s lawyer Americk Singh Sidhu had previously said M. Arunampalam’s role as the lawyer who had drafted the investigator’s second SD had been dispelled by well-connected businessman Deepak, who is also at the centre of the controversy surrounding Balasubramaniam’s two SDs. 

Americk said Deepak had cleared Arunampalam whom the carpet dealer had engaged to handle his property transactions previously as a likely candidate for drafting the second SD. 

He pointed out that only a handful of lawyers would have access to a prominent personality named in Balasubramaniam’s SDs, out of the 14,000 members of the Malaysian Bar. 

Abraham, who has been linked to the second statutory declaration, has refused to comment on his alleged role in preparing the document.