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Sunday, 24 August 2014

Disciplinary hearing against Cecil postponed - Malaysiakini

The disciplinary hearing against senior lawyer Cecil Abraham, who is in the centre of a storm in the legal fraternity, has been postponed.

A source told Malaysiakini that the hearing before a disciplinary committee of the Advocates and Solicitors Disciplinary Board this morning was put off after one of the three-member panel could not make it.

The disciplinary committee is aimed at establishing the facts behind claims of misconduct against Cecil (left) and his son Sunil, who allegedly drafted a statutory declaration (SD) for private investigator P Balasubramaniam under duress.

The SD was for Balasubramaniam to retract his first SD just a day before,when he had linked Prime Minister Najib Abdul Razak with murdered Mongolian national Altantuya Shaariibuu.

If found guilty, the committee may recommend actions such as dismissal as counsel, a reprimand, a fine or suspension not exceeding five years, though the recommendations do not necessarily need to be taken up by the board.

Lawyer Americk Sidhu (below), who helped draft Balasubramaniam’s first SD, had revealed at a Malaysian Bar annual general meeting last year that Cecil admitted drafting the second SD on Najib’s instructions.

The revelation to the AGM came a day after Balasubramaniam’s death.
He and his family had been in exile for more than four years after the first SD retraction.

This led to the disciplinary hearing against Cecil.

Bar Council vice-president Steven Thiru, when contacted, declined to either deny or confirm the postponement.

"This is all supposed to be confidential, I cannot comment," he said.

'Mystery witness'

However, the source told Malaysiakini that a new hearing is expected to be held sometime in October or November.

Malaysiakini on Wednesday reported that a "mystery witness" was to testify at the disciplinary hearing today.

It was speculated that the person is a lawyer who was initially approached to draft Balasubramaniam’s second SD, which the person declined and the role was given to Cecil.

Balasubramaniam’s (left) family, who returned to Malaysia in 2013, filed a RM1.9 million suit at the Kuala Lumpur High Court, where they named Najib and his wife Rosmah Mansor, two of Najib’s brothers as well as Cecil, in the suit.

They are claiming losses and damages suffered during the time of their "forced exile".

All the parties being sued by Balasubramaniam’s widow have filed applications to strike it out.

To date, the death of Altantuyaa Shaariibuu, reportedly involved in a multi-billion ringgit Scorpene submarine deal, remains unsolved.

Two police Special Action Unit members, namely Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, were found guilty at the Shah Alam High Court with murdering Altantuya, while political analyst Abdul Razak Baginda, once Najib’s close confidante, was acquitted.

However, the two police officers were both acquitted by the Court of Appeal last year and a decision is pending on the two policemen, following the prosecution’s appeal to the Federal Court.

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