Lawyers stand by Bar chief
Celine TanPublished: May 11, 2001 9:24 AM | Updated: Jan 29, 2008 6:21 PM
Twelve Bar Council members and 104 lawyers have sent letters to legal counsel Mohamad Ariff Yusoff undertaking collective responsibility for instructions given to him by Bar Council president Sulaiman Abdullah pertaining to the lawsuit against the Malaysian Bar by lawyer K. Raja Segaran.
In a letter handed over to Ariff this morning, the 12 - Roy Rajasingham (who is council vice-president), Hendon Mohamed, R.R. Chelvarajah, M. Puravalen, Tommy Thomas, Mohamad Sofian Abdul Razak, Amardas Jethanand, Low Beng Choo, Yeo Tang Poh, Mah Weng Kwai, M. Ramachelvam ad Sivarasa Rasiah - accepted responsibility for steps taken by Sulaiman in pursuance of the case.
The letter stated: "In accordance with our settled practice and procedure, the Bar Council delegated to Tuan Haji Sulaiman, as chairman of the Bar Council and president of the Malaysian Bar, to take all necessary steps in the defence of this suit when it became apparent to the Bar Council that the plaintiff was proposing litigation with regards to the holding of the EGM".
It further stated that the delegation by the Bar Council to Sulaiman "included decisions relating to the choice of counsel, solicitors, tactics and strategies in respect of the defence of the suit and the positions that the Malaysian Bar should take in relation to both the injunction proceedings in the suit and generally".
The lawyers stated that they were willing to be held "equally accountable for all the consequences of the authorised actions of our head".
Similarly, the letter handed over to Ariff by 104 lawyers stated that they "agree with and adopt" Sulaiman's instructions to Ariff on June 21. Copies of the letters were faxed to malaysiakini this afternoon.
The issue of collective responsibility was raised yesterday at the hearing for an injunction sought by Raja Segaran to stop the EGM on Friday.
When Ariff raised a preliminary objection to disqualify judge R.K. Nathan from hearing the proceedings on the grounds that he may have an interest in the matter since his son was a member of the Bar, Nathan asked him if he had received instructions from his clients to submit on this issue.
Sulaiman admitted that he, as chief executive officer of the Bar, had instructed Ariff to raise this objection and cite the relevant legal authorities on this matter.
The letter by the Bar Council members confirmed that Sulaiman was authorised by the members of the council to make this application on behalf of the Malaysian Bar and to rely upon the cases cited and to instruct Ariff to submit in such a manner.
"In making that decision, Tuan Haji Sulaiman was acting in his official and representative capacity as head of the Malaysian Bar, which is the first defendant in this suit," the letter said.
The council members had instructed Ariff to bring the above issues up with Nathan when the contempt proceedings against Sulaiman were resumed this morning.
Ariff had passed the said letter to the judge and attempted to read it out in court but was stopped by Nathan who said the issue was settled in court yesterday.
In a letter handed over to Ariff this morning, the 12 - Roy Rajasingham (who is council vice-president), Hendon Mohamed, R.R. Chelvarajah, M. Puravalen, Tommy Thomas, Mohamad Sofian Abdul Razak, Amardas Jethanand, Low Beng Choo, Yeo Tang Poh, Mah Weng Kwai, M. Ramachelvam ad Sivarasa Rasiah - accepted responsibility for steps taken by Sulaiman in pursuance of the case.
The letter stated: "In accordance with our settled practice and procedure, the Bar Council delegated to Tuan Haji Sulaiman, as chairman of the Bar Council and president of the Malaysian Bar, to take all necessary steps in the defence of this suit when it became apparent to the Bar Council that the plaintiff was proposing litigation with regards to the holding of the EGM".
It further stated that the delegation by the Bar Council to Sulaiman "included decisions relating to the choice of counsel, solicitors, tactics and strategies in respect of the defence of the suit and the positions that the Malaysian Bar should take in relation to both the injunction proceedings in the suit and generally".
The lawyers stated that they were willing to be held "equally accountable for all the consequences of the authorised actions of our head".
Similarly, the letter handed over to Ariff by 104 lawyers stated that they "agree with and adopt" Sulaiman's instructions to Ariff on June 21. Copies of the letters were faxed to malaysiakini this afternoon.
The issue of collective responsibility was raised yesterday at the hearing for an injunction sought by Raja Segaran to stop the EGM on Friday.
When Ariff raised a preliminary objection to disqualify judge R.K. Nathan from hearing the proceedings on the grounds that he may have an interest in the matter since his son was a member of the Bar, Nathan asked him if he had received instructions from his clients to submit on this issue.
Sulaiman admitted that he, as chief executive officer of the Bar, had instructed Ariff to raise this objection and cite the relevant legal authorities on this matter.
The letter by the Bar Council members confirmed that Sulaiman was authorised by the members of the council to make this application on behalf of the Malaysian Bar and to rely upon the cases cited and to instruct Ariff to submit in such a manner.
"In making that decision, Tuan Haji Sulaiman was acting in his official and representative capacity as head of the Malaysian Bar, which is the first defendant in this suit," the letter said.
The council members had instructed Ariff to bring the above issues up with Nathan when the contempt proceedings against Sulaiman were resumed this morning.
Ariff had passed the said letter to the judge and attempted to read it out in court but was stopped by Nathan who said the issue was settled in court yesterday.
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