Which lawyer helped Bala draft 2nd SD on Altantuya: WE ARE WORKING ON IT - Bar Council

The Bar Council reiterates that we are investigating the allegations made by Deepak Jaikishan concerning the conduct of the lawyers involved in drafting the second statutory declaration of Balasubramaniam Perumal.

As a body statutorily mandated by the Legal Profession Act 1976 to uphold the rule of law, the Bar Council always acts without fear or favour, and in accordance with due process, regardless of the personalities or circumstances in any matter.

As with any other issue involving the potential misconduct of a Member of the Bar, the Bar Council will make all necessary enquiries — in this instance, to ascertain the identity of the lawyers concerned and whether they have committed any professional misconduct.

However, the Bar Council will not act hastily or capriciously in this matter.  If there is cogent evidence to suggest professional misconduct, we will not hesitate to lodge a complaint with the Advocates and Solicitors Disciplinary Board (“ASDB”) and prosecute the complaint.  It will then be the responsibility of the ASDB — a body independent of the Bar Council, which is statutorily tasked to investigate professional misconduct — to adjudicate the matter and to mete out appropriate disciplinary punishment.

Come forward

We reiterate our call to any person or entity who has compelling evidence of professional misconduct in this matter to come forward and to lodge a complaint with the ASDB.  Anyone (and not just the Bar Council) can lodge a complaint of professional misconduct and initiate the investigative and adjudicatory powers of the ASDB to discipline lawyers for such misconduct.  We also reiterate that we are prepared to render assistance to any would-be complainant, in having his or her complaint properly directed to the ASDB.  We urge those who have knowledge — especially publicly-professed knowledge — of professional misconduct in this matter to be less hesitant, and more forthright.

This is undoubtedly a serious matter.  It cannot be resolved on an indulgence of surmise, conjecture or deductions (simple or otherwise).  To do so would be to sacrifice due process (including natural justice) at the altar of expediency or convenience.  This would ultimately compromise the proper determination of the matter.

Lim Chee Wee, President of Malaysian Bar