29 Jul 2020
SITHRADEVI A/P NAGALINGAM 1. MASDAR BIN DARMAN 2. SAMSUDIN BIN HAJI DARMAN PENCELAH MAJLIS PEGUAM MALAYSIA
- Citation
- 02-33-04/2017(W) (Mahkamah Persekutuan)
- Court
- W
- Case number
- 02-33-04/2017(W) (Mahkamah Persekutuan)
The Federal Court held the Disciplinary Committee/Board proceeded without satisfying ss109 and 138 Legal Profession Act 1976 because there was no admissible proof of prior service/notification; that failure denied the appellant a real opportunity to be heard and to cross-examine, breaching natural justice; documentary evidence was not properly weighed and the high standard of proof required for findings of deceit/fraud was not met; accordingly the disciplinary decision and appellate decisions were set aside and the appellant reinstated.