MAJLIS PEGUAM vs CECIL WILBERT MOHANARAJ ABRAHAM

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 56

FEDERAL COURT PUTRAJAYA
MAJLIS PEGUAM – Appellant
Versus
CECIL WILBERT MOHANARAJ ABRAHAM – Respondent

Petitioner Advocates:Bastian Vendargon,Anne Vendargon,Lai Chee Hoe,Lim Soo Chong ,Respondent Advocate: Rishwant Singh,Shahul Hameed Amirudin

Table of Content
1. overview of misconduct complaint and disciplinary proceedings. (Para 1 , 4 , 18)
2. conclusions on procedural fairness and standards in disciplinary appeals. (Para 2)
3. background and foundation of the complaint against the respondent. (Para 5 , 6 , 7 , 17)
4. burden of proof and judicial non-interference in disciplinary matters. (Para 20 , 36 , 66)
5. legal standards for complaints under the legal profession act. (Para 22 , 23 , 24 , 25 , 27)
6. discussion on the burden of proof in disciplinary cases. (Para 35 , 37 , 38)

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing its appeal against the decision of the High Court in which the learned judge had affirmed the Disciplinary Board's (DB) decision in dismissing the appellant's complaint against the respondent for professional misconduct.

[2] We have heard the appeal and reserved our decision. We have since further considered the submissions of respective counsel and now give our decision and grounds.

[3] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice Dato' Sri Balia Yusof Haji Wahi has since retired.

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2019 MarsdenLR 56

FEDERAL COURT PUTRAJAYAMAJLIS PEGUAM – AppellantVersusCECIL WILBERT MOHANARAJ ABRAHAM – Respondent

Cases Referred (1)

FEDERAL COURT PUTRAJAYA
MAJLIS PEGUAM – Appellant
Versus
CECIL WILBERT MOHANARAJ ABRAHAM – Respondent