KUALA LUMPUR: Two brothers, including one charged with the murder of cosmetics millionaire Datuk Sosilawati Lawiya, cannot practise law in Peninsular Malaysia.
The brothers – N. Pathmanabhan and N. Surendren – lost in their bid at the High Court here to overturn the decision by the Advocates & Solicitors Disciplinary Board which struck both their names from the Roll of Advocates and Solicitors of the High Court of Malaya last November.
Yesterday, High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh dismissed the appeal by the two brothers against the disciplinary board’s decision with costs.
The judge also dismissed a stay granted by another High Court on Dec 24 last year against the disciplinary board’s decision.
Justice Mohd Zawawi ordered the two brothers to pay RM5,000 in costs to the Bar Council and another RM5,000 in costs to respondent, businessman M. Rajeanteran.
The judge made his ruling after hearing submissions by the disciplinary board’s lawyer Biliwi Singh, Bar Council lawyer Robert Lau and Rajeanteran’s lawyer, T. Rajasekaran. The brothers were represented by T. Gunaseelan.
“The judge agreed that the order of the disciplinary board should stand as there is no merit in the appeal,” Biliwi said.
Lau said the brothers cannot practice law as an advocate and solicitor in Peninsular Malaysia.
In Sept 18 last year, the disciplinary committee found the two guilty of misconduct. In Nov 5 last year, disciplinary board chairman Tan Sri Khalid Ahmad Sulaiman ordered that the brothers be struck off the Roll.
Pathmanabhan was called to the Bar on Nov 4, 1999 and Surendren on Dec 10, 1999.
In court documents, it was stated that the brothers had misrepresented themselves as solicitors practising in a law firm under the name and guise of Messrs Mohana & Co in Banting. The brothers had proposed that Rajeanteran buy a house in Banting.
The brothers denied that they had executed the Sales and Purchase (S&P) Agreement on Dec 14, 1998. However, handwriting forensic expert, Lim Yok Chaw confirmed that the signature in the S&P belonged to Pathmanabhan while Surendren had signed a receipt acknowledging payment from the respondent.
