PENDAKWARAYA 1. ) V.VIGNESWARAN NAIDU A/L VENKATARAREMA NAIDU 2. ) VINODH A/L SIVAKUMAR 3. ) GANESAN A/L DURASAMY 4. ) VELMURUGAN A/L PANIRESILVAM 5. ) ANANDH KUMAR A/L SIVAKUMAR 6. ) ENTIRAN A/L DURASAMY 7. ) KESAVAN A/L GURAPPAN 8. ) GANE

PENDAKWARAYA 1. ) V.VIGNESWARAN NAIDU A/L VENKATARAREMA NAIDU 2. ) VINODH A/L SIVAKUMAR 3. ) GANESAN A/L DURASAMY 4. ) VELMURUGAN A/L PANIRESILVAM 5. ) ANANDH KUMAR A/L SIVAKUMAR 6. ) ENTIRAN A/L DURASAMY 7. ) KESAVAN A/L GURAPPAN 8. ) GANE

Counsel (Mr Charan Singh) directly advanced, from the Bar, a factual assertion based on personal knowledge that contradicted a prosecution witness on who conducted an arrest; that assertion created a material and disputed question of fact affecting witness credibility in a joint trial; under Rule 28 LPPER and the court's inherent power to preserve the integrity of the administration of justice the appropriate course was to restrain the counsel from continuing to act for any accused in the joint trial rather than expunge the evidence.

Citation
AA-45JT-1-07/2020, AA-45JT-2-07/2020, AA-45JT-3-07/2020, AA-45JT-4-07/2020, AA-45JT-5-07/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: V. Vigneswaran Naidu a/l Venkatararema Naidu; Accused: Vinodh a/l Siva Kumar; Accused: Ganesan a/l Durasamy; Accused: Velmurugan a/l Paniresilvam; Accused: Anandh Kumar a/l Siva Kumar; Accused: Entiran a/l Durasamy; Accused: Kesavan a/l Gurappan; Accused: Ganasen a/l Kupusamy; Accused: Prabu a/l Krishnan; Accused: Saravanan a/l Rajagopal
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 August 2021
Case Number
AA-45JT-1-07/2020, AA-45JT-2-07/2020, AA-45JT-3-07/2020, AA-45JT-4-07/2020, AA-45JT-5-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Joint Trial (charges Under Section 130 V(1) Penal Code) / Mid Prosecution Hearing; Interlocutory Ruling on Counsel Disqualification
Outcome
Court restrained lead defence counsel Mr Charan Singh s/o Kartar Singh from continuing to act for any of the accused in the joint trial
Legal Topics
Conflict of Interest, Disqualification of Counsel, Duty of Counsel to the Court, Witness Credibility, Legality of Arrest, Rule 28 LPPER
Source Language
Malay/English
Criminal Law Criminal Procedure Legal Ethics Evidence Law Conflict of Interest Disqualification of Counsel Duty of Counsel to the Court Witness Credibility +2 more

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Parties

Pendakwa Raya

Prosecution

V. Vigneswaran Naidu a/l Venkatararema Naidu

Accused

Vinodh a/l Siva Kumar

Accused

Ganesan a/l Durasamy

Accused

Velmurugan a/l Paniresilvam

Accused

Anandh Kumar a/l Siva Kumar

Accused

Entiran a/l Durasamy

Accused

Kesavan a/l Gurappan

Accused

Ganasen a/l Kupusamy

Accused

Prabu a/l Krishnan

Accused

Saravanan a/l Rajagopal

Accused

Procedural Posture

Criminal Joint Trial (charges Under Section 130 V(1) Penal Code) / Mid Prosecution Hearing; Interlocutory Ruling on Counsel Disqualification

Legal Issues

  1. 1 Whether defence counsel who asserts personal knowledge of a material disputed fact may continue to act in a joint criminal trial
  2. 2 Whether Rule 28 Legal Profession (Practice and Etiquette) Rules 1978 disqualifies counsel in these circumstances
  3. 3 Whether evidence put on record by counsel should be expunged

Ratio Decidendi

Counsel (Mr Charan Singh) directly advanced, from the Bar, a factual assertion based on personal knowledge that contradicted a prosecution witness on who conducted an arrest; that assertion created a material and disputed question of fact affecting witness credibility in a joint trial; under Rule 28 LPPER and the court's inherent power to preserve the integrity of the administration of justice the appropriate course was to restrain the counsel from continuing to act for any accused in the joint trial rather than expunge the evidence.

Court Disposition

Court restrained lead defence counsel Mr Charan Singh s/o Kartar Singh from continuing to act for any of the accused in the joint trial

Orders

  • Mr Charan Singh s/o Kartar Singh is restrained from continuing to act for any of the accused in this joint trial (order dated 3 September 2021)