Disciplinary proceeding against Lingam on Monday

Although the government has decided not to take action on VK Lingam over the Lingam tape saga, the controversial lawyer could be subject to action from the Advocates and Solicitors Disciplinary Board.

Beginning Monday, an independent disciplinary committee formed by the Bar Council will sit to investigate complaints that have been made against Lingam (left).

The complainant, in this case, is the Bar Council itself.

It is learnt that the inquiry - which will not be open to the public - will gather evidence against Lingam and may last for several days.

Following the conclusion of the inquiry, the disciplinary committee will then submit its findings and report to the Advocates and Solicitors Disciplinary Board, whose 17-member committee will then deliberate on whether and what action would be taken against Lingam.

Lingam may also present his arguments at the disciplinary committee as well as the board to defend himself from the charge.

The board, that was officially established in 1992 under the Legal Profession Act 1976, is currently chaired by former lawyer and former acting Penang chief minister Khalid Ahmad Sulaiman.

Apart from the chairperson of the disciplinary board appointed by the Chief Judge (Malaya), there is also the president of the Bar Council and 15 law practitioners.

The board, that was formed outside the Bar Council, is tasked with independently taking action on suspected errant lawyers following the lodging of complaints.

Bar Council chairperson Ragunath Kesavan, when contacted, confirmed that the disciplinary committee proceedings against Lingam will begin on Monday.

Under section 94 of the Legal Profession Act 1976, the possible action that Lingam faces if found guilty by the board includes suspension for misconduct not exceeding five years, a fine, a reprimanded or censure, or at worst, being struck off the rolls.

The disciplinary proceedings and board action is seen by observers as a move to restore the reputation of the legal profession, that has taken a beating following the Lingam affair.

Last August, Ragunath said although the Court of Appeal had given Lingam an opportunity to challenge the Royal Commission of Inquiry findings against him, the Bar will presume to initiate disciplinary proceeding against Lingam.

One of the board's best-known actions was made against BN candidate for Permatang Pasir, Rohaizat Othman, who was stripped of his legal pips for misconduct.

No action by government

A video footage showing Lingam allegedly brokering the appointment of judges was released by Opposition Leader Anwar Ibrahim in 2007.

Lingam was said to be talking on the phone with former chief justice Ahmad Fairuz Sheikh Abdul Halim. The latter had denied this.

The video clip unleashed a furore in Malaysia and led to the setting up of a five-member Royal Commission of Inquiry (RCI).

The commissioners found the video to be authentic and recommended that action be taken against six individuals, including Lingam.

The other five named included former premier Dr Mahathir Mohamed, two chief justices Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, tycoon Vincent Tan and present Umno secretary-general Tengku Adnan Tengku Mansor.

Eusoff (below), ironically, was the first chairperson of the Advocates and Solicitors Disciplinary Board. He chaired the first board meeting held in 1993.

Last year, Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz said the prominent lawyer had not broken any law.

Lingam, Ahmad Fairuz and Eusoff have challenged the findings of the RCI.

The Court of Appeal subsequently overturned the Kuala Lumpur High Court's ruling over the matter, allowing the three to challenge the findings of the RCI, and ordered that the case be reverted to the High Court.

Lingam, who represented himself, submitted that he had the right to be heard to challenge the RCI findings.

The Court of Appeal decision is being appealed by the Attorney-General's Chambers. The case is still pending at the Federal Court.