Case update: Majlis Peguam Malaysia v Syed Ahmad Imdadz Said Abas & Anor [2024] 1 CLJ 353
Facts
This case concerns a disciplinary complaint lodged with the Disciplinary Committee (DC) against the 1st Respondent (R1) alleging that R1 had acted in conflict of interest and conspired to defraud the 2nd Respondent (R2). The DC had found R1 guilty, and recommended to the Disciplinary Board (DB) that R1 be suspended for a period of two years pursuant to S.103C(1)(c)(iii) of the Legal Profession Act 1976 (LPA).
DB affirmed the DC’s finding of liability but substituted the punishment recommended by the DC and ordered that R1 pay a fine of RM30,000.00 instead and, if in default, ss. 103D and 103(1) of the LPA shall apply.
High Court
R1 appealed against the order of the DB whereby the High Court had allowed the appeal maintaining the DC’s finding of liability and ordered:
- the fine to be set aside; and
- the matter to be remitted to the DB on the grounds that R1 be given a reasonable opportunity to be heard before an order that is likely to be adverse against him is made by the DB.
Court of Appeal
The Appellant and Respondent appealed against this decision to the Court of Appeal whereby the Court of Appeal dismissed the appeal, and parties went up to the Federal Court.
Federal Court
The primary issue before the Federal Court was whether an advocate and solicitor should be given the opportunity to be heard before the DB makes an order that is likely to be adverse against him, if the DB intends to impose a greater or lesser penalty or punishment than that recommended by the DC.
The DB is statutorily required to notify the advocate and solicitor when making make any order under ss. 103D(2) OR (3) of the LPA when imposing a penalty and/or punishment, giving the concerned advocate and solicitor a reasonable opportunity to be heard.
TAKEAWAY
The courts are mindful in allowing an advocate and solicitor to have his day in court by advocating for the right to be heard, even dealing with an advocate and solicitor before imposing a punishment and/or penalty regardless of how light and/or severe it may be against said advocate and solicitor.
