Thesun 2009-05-26 Page04 Lawyer Sues Bar Council For Rm160m

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theSun

| TUESDAY MAY 26 2009

news without borders

Businessman told to enter defence in firearms case KUALA LUMPUR: The High Court yesterday overturned a decision by the session’s court in discharging and acquitting a businessman charged with unlawful possession of a pistol and bullets two years ago. Judge Datuk Mohamad Zabidin Mohd Diah ordered Tajul Arus Abdul Aziz, 43, to enter his defence on the two charges after ruling that there was a prima facie case against the accused. He said that the session’s court judge had erred in ruling that the accused had no knowledge of the existence of the pistol and bullets in the car he was in. Mohamad Zabidin, however, upheld the two-year jail sentence against Tajul Arus for impersonating a police officer after rejecting the prosecution’s appeal against the sentence. On April 30, 2007 the session’s court discharged and acquitted Tajul Arus on charges of possessing a pistol and bullets. On May 6 the same year, the same court ordered Tajul Arus to serve his two-year jail sentence. Tajul Arus was charged with unlawful possession of a 85 CAl 9 Luger pistol at the intersection towards Tasik Perdana and Jalan Parlimen here on Sept 12, 2005 at about 3.45am. He was also charged with unlawful possession of 15 bullets, namely seven WCC 8-81 9mm and eight HP 9 mm live bullets, at the same place and time. He was also charged with impersonating a police officer with the rank of assistant superintendent from the Bukit Aman Special Branch at the same place and time. The accused had pleaded not guilty to all charges. Deputy Public Prosecutor Yaacub Chik prosecuted while Harjinder Singh Sandhu represented the accused. – Bernama

Lawyer sues Bar Council for RM160m by Tan Yi Liang [email protected]

KUALA LUMPUR: A lawyer has filed a RM160 million suit against the Bar Council in the High Court here for denying his request to use the Bar Council auditorium for the launch of his second book Presumed Guilty. “I am asking for a declaration from the High Court that the decision not to allow me to launch my book at the auditorium was unreasonable. It is unconstitutional and a violation of my rights under Article 8 of the Federal Constitution,” said lawyer T. Vijayandran. “I have put in a claim for RM160 million in general damages to show the extent of my resentment to the attitude of the Bar Council in trying to suppress my efforts in coming out with a simple book about my experiences as a lawyer,” Vijayandran said after filing his suit at the court here yesterday. “I am an advocate, and every year I pay thousands of dollars to get my practicing certificate, and part of the money is for the building fund of the Bar Council, and this is used to acquire property, such as the auditorium and facilities of the Bar Council. “All lawyers have a right to the facilities, so they cannot discriminate as other lawyers have used the auditorium,” he said.

Vijayandran claimed the Bar Council had blocked him from using the auditorium as they were investigating him over his first book, No Intention To Kill, about a murder case in the Shah Alam High Court in 2001, which was published last year. Vijayandran said when he asked the Bar Council why it would not let him launch his book at the auditorium, it replied, “it was because they were investigating him for his last book.” “They are investigating whether I breached the Legal Profession Rules for publicity. I do not know why they are investigating this book when the Bar Council sold the book and earned a commission from it last year,” said Vijayandran. “There is nothing wrong with the first book. I am sure they know about it as they would have started the investigation last year before they even started selling the book,” he said, adding he had earlier given notice to the that he would fight for his right to launch his second book. “I gave them a notice of demand on May 15, and I showed them a forward from the Chief Justice of Malaysia, who

has said that this book is another commendable piece and a fine example for others to follow. Despite having seen this, they still do not allow me to launch my book,” said Vijayandran. “I have been a practitioner for the last two decades, and despite my efforts to share my knowledge with younger people, the Bar Council has refused to let me launch this book, and they are suppressing it,” said Vijayandran. “The Bar Council should be encouraging lawyers to write books, and share their knowledge with younger practitioners,” he added.

Vijayandran posing with his books during the press conference.

Bumiputra Commerce Bank cheque for RM3,943.80 to him. – Bernama

briefs Brokers plead not guilty to cheating lawyer KUALA LUMPUR: Two brokers pleaded not guilty in the sessions court here yesterday to a charge of cheating a lawyer of RM150,000, last year. M. Subhasathamoorthy, 40, and S. Ramanaya, 43, were jointly charged with deceiving Fadzila Said, 37, into believing that they could arrange a financial facility from Wachovia Bank. This caused Fadzila to hand over RM150,000 to them, although the accused knew such a facility did not exist. The duo are alleged to have committed the offence at the law firm of Fadzila Said & Co at No 80-2 Jalan 1/76 Desa Pandan, Cheras, on June 11 2008. They are charged under Section 420 of the Penal Code and can be jailed up to 10 years and fined and whipped, if convicted. Judge S. M Komathy Suppiah set bail at RM20,000 in one surety each and ordered them to deposit RM10,000 a piece to ensure their attendance in court. She set June 25 for mention. – Bernama

Salesman charged with possessing fake notes KUALA LUMPUR: A car salesman pleaded not guilty in the sessions court here yesterday to being in possession of fake insurance cover notes and deceiving a customer into buying such a cover note, five years ago. Ahmad Fuad Mohd Jafri, 43, was charged with being in possession of fake Tahan Insurance Malaysia Berhad cover notes in the name of Rashidy Kamuni at the Kampung Pandan sports complex car park at 5.45pm on July 1, 2004. For this, he was charged under Section 474 of the Penal Code, which provides for jail up to 20 years and fine, if convicted. He is also charged with deceiving a housewife, Badrus Shahila Sharif, into believing the Tahan Insurance Malaysia Berhad cover notes he was selling were genuine which caused her to issue a

‘Post mortem shows violence inflicted on maid’ KUALA LUMPUR: A post mortem conducted on an Indonesian maid found dead in her employer’s house in Petaling Jaya last Saturday revealed that violence had been inflicted on her, police said yesterday. Petaling Jaya district police chief ACP Arjunaidi Mohamed said he was informed of the post mortem report on Sunday but did not say the form of violence inflicted on the maid. “We will investigate the case under Section 302 of the Penal Code for murder,” he said. The maid, aged 20, was found dead with bruises on her body in a terraced house in Section 17/26, Petaling Jaya. A 31-year-old man and his 20-year-old sister are in remand until Thursday to assist in police investigations. – Bernama

Accessories shop owner dies in crash ALOR STAR: A car accessories shop owner was killed after his car plunged into a canal at Km35 Jalan Alor Star-Butterworth here early yesterday. Police said Kim Lin Chai, 31, from Yan was driving at 1.30am when the accident occurred. Kim was on his way to visit his wife who just delivered their child at Sultan Abdul Halim Hospital in Sungai Petani.

DJ high on drugs detained KUALA LUMPUR: A 24-year-old nightclub DJ suspected of being involved in peddling drugs at night spots in the city was nabbed by police while still “high” at his home in Jalan Gelugor here on Friday. City Anti-Narcotics chief ACP Kang Chez Chiang said police also seized 700 Eremin 5 pills and 237.4 grammes of ketamine found in his home in the 9pm raid. “The drugs having an estimated value of RM12,400 were hidden in tissue boxes in the suspect’s bedroom,” said Kang, adding that the suspect only sold the drugs to people he knew and in small amounts. He said the suspect had been selling drugs about a year now and was assisted by his housemate, who is in his 20s. – Bernama