Federal Court Reinstates Rm10k Fine On Sungkai Rep An Ex Lawyer

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The Federal Court has reinstated the fine of RM10,000 imposed by the advocates and solicitors’ disciplinary board against former lawyer A Sivanesan, who is now a Perak state executive councillor, 13 years ago for professional misconduct.
This followed a decision by a three-member panel comprising Justices Nallini Pathmanathan, Vernon Ong Lam Kiat and Harmindar Singh Dhaliwal to allow the appeals by the Malaysian Bar and K Pathmanathan.
The Malaysian Bar and Pathmanathan were appealing against the decision of the Court of Appeal, made on Dec 15 last year, which overturned the High Court's decision that upheld the disciplinary board’s decision on Sivanesan (above).
In today’s court decision, Nallini said the Court of Appeal should be slow to intervene on the findings of facts made by the disciplinary committee of the advocates and solicitors’ disciplinary board.
The Industrial Court’s notes of the proceeding and the award confirmed the basis for the disciplinary committee’s finding of facts, she said, adding that there was no basis for the Court of Appeal to reverse the disciplinary committee's finding of facts with regard to the events on April 6, 2010, solely on the evidence of another witness.
Nallini said the Court of Appeal failed to appreciate that Sivanesan was acting for Pathmanathan and even gave the undertaking to file forms necessary for his appointment, despite not having instructions to do so.
“Therefore, the disciplinary committee was justified in coming to its findings,” she said.
Federal Court judge Nallini PathmanathanNallini said Sivanesan, who is Sungkai assemblyperson, ought to have communicated to Pathmanathan regarding the new hearing date that was fixed by the Industrial Court, but failed to do so.
The court awarded RM20,000 in costs to Pathmanathan.
In February 2021, the High Court upheld the findings of the disciplinary board which found Sivanesan guilty of professional misconduct. It made the decision after considering the disciplinary committee’s recommendation.
The disciplinary proceedings had alleged several breaches by Sivanesan of the Legal Profession Act 1976 and its etiquette rules which included, among others, deceiving the Industrial Court into believing that he was acting for Pathmanathan.
On June 13, 2016, Pathmanathan filed a complaint against Sivanesan after the Industrial Court struck off his claim for unfair dismissal due to his absence in court.
He claimed, among others, that  Sivanesan failed to inform him of the hearing date.
Sivanesan was represented by a team of lawyers led by R Kengadharan, while lawyer Heng Yee Keat appeared for the Malaysian Bar. Pathmanathan represented himself.
- Bernama

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