Rohaizat berbaju kurung putih sedang bersalaman bersama calon PASRohaizat's offence a personal misconduct, Ragunath says
PERMATANG PAUH: The offence for which Permatang Pasir Barisan Nasional (BN) candidate Rohaizat Othman was struck off the Malaysia Bar Council's list involves the individual lawyer.
Bar Council president Ragunath Kesavan told The Edge Malaysia that the proceedings under Section 103D of the Legal Profession Act 1976 involved misconduct of the individual lawyer.
"The offence was for personal liability and does not involve any other persons as Rohaizat was named by the complainant, and not his partner.
"Rohaizat was disbarred on March 7 last year and he appealed against the Bar Council decision to the High Court, which also dismissed his appeal on Aug 12 this year," he added.
Ragunath said the offence committed by Rohaizat involved stakeholders' money from Koperasi Pekebun Getah and there was no account for it.
"When the board looked into this matter and the order was made, there was no reimbursement to the stakeholders involving the sum of RM140,000.
"Even if you pay, the offence has been committed and it is a serious offence as this involves dealing with client's money.
"If you are an innocent party, you would not be found guilty by the disciplinary committee and the charge leveled under Section 103D is tantamount to criminal misconduct," he added.
Ragunath said the other partners only would be penalised if it involved negligence of the law firm concerned, but the offence committed under Section 103D was for personal misconduct.
On Sunday, Penang Umno chief Datuk Seri Dr Ahmad Zahid Hamidi told a press conference that it was Rohaizat's partner who was involved in the scandal which resulted in Rohaizat being struck off.
Meanwhile at the nomination centre, when asked whether Rohaizat's credibility would come into question following the revelation of him being disbarred, Deputy Prime Minister Tan Sri Muhyiddin Yassin said: "There is no controversy with regards to his candidacy as we have done our homework.
"As far as the law is concerned, he has been declared eligible to contest and we believe the voters will understand when we explain to them what actually happened.
"We have our ways of explaining to the voters, the opposition can do whatever character assassinations they want.
"We will expose all their lies and the rakyat can judge for themselves," he added
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Disciplinary Orders: January-March 2008
Contributed by Cindy Chan (Director)
Wednesday, 23 April 2008 01:46pm
18 January 2008
Order under Section 103D LPA 1976 (as Amended)
Sithradevi a/p P. Nagalingam - 18 January 2008 (RM3000)
Order under Section 103D LPA 1976
Gurbachan Singh a/l Bagawan Singh - 18 January 2008 (RM20000)
Mariam bte Isa - 18 January 2008 (Struck Off)
Noor Hadi bin Sallehon - 18 January 2008 (Struck Off)
Chan Wai Keong - 18 January 2008 (Suspended 3 months-expiring on 8 May 2008)
Pathmesvary a/p Arumugam - 18 January 2008 (Struck Off)
14, 15 & 16 February 2008
Order under Section 103D LPA 1976 (as Amended)
Suwardi bin Yaacob - 14 February 2008 (Struck Off)
Order under Section 103D LPA 1976
Mohamed Fadly Bin Zakariya - 14 February 2008 (RM2500)
Krishnamurthy s/o Karthikesu - 14 February 2008 (RM2500)
Venu Das a/l Sinniah - 14 February 2008 (RM2000)
Wong Kian Chung - 16 February 2008 (RM1000)
Coomarasooriyar A/L D Subbayah - 16 February 2008 (RM15,000)
Hamidon Bin Hayon - 14 February 2008 (RM5,000)
Loganathan a/l V. Ramasamy - 14 February 2008 (Struck Off)
Hasmizam bin Mohd Hashim - 14 February 2008 (Struck Off)
Lokman bin Mohd Yusof - 14 February 2008 (Struck Off)
Teh Hock Kee - 14 February 2008 (Suspended 2 years-expiring on 6 March 2010)
Mohamed Fadly bin Zakariya - 14 February 2008 (RM2,500)
Order under Section 100 LPA 1976 (as Amended)
Yap Keng Siong - 16 February 2008 (RM1000)
R. Vigneswaran a/l Raju - 15 February 2008 (RM5,000)
Shivdev Singh - 16 February 2008 (RM2,000)
Sasi Kumar A/L Kandasamy - 15 February 2008 (RM5,000)
Salasiah Bt Abd Kadir - 15 February 2008 (RM500)
Shidev Singh - 16 February 2008 (RM2,000)
Order under Section 103 LPA 1976
Zainal Bin Khamis – 15 February 2008 (RM5,000)
7 March 2008
Order under Section 103D LPA 1976 (as Amended)
Tamil Arasu a/l Renganathan - 7 March 2008 (RM5,000)
Raja Raziff bin Raja Shaharuddin - 7 March 2008 (Struck Off)
Syed Ali Akbar bin Syed Husain - 7 March 2008 (Struck Off)
Order under Section 103D LPA 1976
Kamal Affandi bin Baharuddin - 7 March 2008 (RM5,000)
Rohaizat bin Othman - 7 March 2008 (Struck Off)
Syed Fakhruzzaman bin Syed Mansor - 7 March 2008 (RM50,000)- Complaint No:DC/05/1593
Syed Fakhruzzaman bin Syed Mansor - 7 March 2008 (RM4,000)- Complaint No:DC/06/1778
Leong Mei Hing Richard - 7 March 2008 (RM10,000)
Order under Section 100 LPA 1976 (as Amended)
Sasi Kumar a/l Kandasamy - 7 March 2008 (Struck Off; refund RM350,000 with interest 8% per annum) - Complaint No:DB/07/3324
Sasi Kumar a/l Kandasamy - 7 March 2008 (Struck Off; refund RM60,000 with interest 8% per annum) - Complaint No:DB/07/2977
Sasi Kumar a/l Kandasamy - 7 March 2008 (Struck Off; refund RM200,000 with interest 8% per annum) - Complaint No:DB/07/2864
Sasi Kumar a/l Kandasamy - 7 March 2008 (Struck Off; refund RM7,000 with interest 8% per annum) - Complaint No:DB/07/3238
Sasi Kumar a/l Kandasamy - 7 March 2008 (Struck Off; refund RM390,000 with interest 8% per annum) - Complaint No:DB/07/3253 C/R DB/07/3256
Last Updated ( Friday, 30 May 2008 03:06PM )
Sumber : The Edge & The Malaysia Bar
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