KUALA LUMPUR (Sept 21, 2010): The enforcement powers of the Malaysian Bar Council are limited to the professional conduct of their members, said its president Ragunath Kesavan.
"The Bar Council does not have the authority to inquire into the private conduct of individuals who are lawyers by profession, including matters relating to their private lives.
"Our powers are very limited. As a statutory body, they are limited to only supervising and overseeing the professional practice of lawyers," he said today.
Ragunath said matters relating to private bank accounts or other assets that might be owned by a lawyer come under the jurisdiction of other bodies.
"Other enforcement agencies such as the police, the Malaysian Anti-Corruption Commission, Bank Negara or the Inland Revenue Board have the mandate to conduct such investigations," he said.
Ragunath went on to say that any individual could search for records of any lawyer on the Bar Council website.
"Any search on the lawyer’s name will produce their records, which will contain whatever information we have," he said.
He said the public could also call up the Bar Council offices during office hours to check the credentials of a lawyer.
Ragunath said information from the public was needed for the council to investigate or exercise its powers, which included the ability to take over a firm or strike a lawyer off the rolls.
"If there are any reports of misconduct, we have the power to take over the lawyer’s practice under Section 88(1) of the Legal Profession Act," he said.
"The Disciplinary Board undertakes a rigorous inquiry into each instance of alleged misconduct by lawyers. On average, 30 lawyers were struck off during each of the past five years," he said.
He said in cases where lawyers were convicted of serious offences such as corruption, fraud or murder, the lawyers were disbarred after a Bar Council inquiry.
Ragunath said that the key suspects in the murder of cosmetics millionaire Datuk Sosilawati Lawiya, 47, and three others were disbarred in November last year.
However, their disbarment was postponed due to a stay of execution granted by the High Court.
Sosilawati, her driver Kamaruddin Shamsuddin, 44, lawyer Ahmad Kamil Abdul Karim, 32, and CIMB Bank officer Noorhisham Mohammad, 38, went missing on Aug 30.
Police have discovered that the four were killed, their bodies burnt and the ashes strewn into rivers near Ladang Gadong, Tanjung Sepat, near Banting.
Ragunath said he was concerned that undue allegations or speculations could affect investigations and court proceedings.
"We urge the media to ensure that the rights of all parties, including the detained, are protected," he said.
"A charged person is innocent until proven guilty," he added.
