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To: Members of the Malaysian Bar

Dear Members,

Re: Bar Council Election 2007/08

Pursuant to decisions made at the Bar Council meeting on 22 February 2007, three scrutineers have been appointed to complete the tasks of verifying and counting the returned ballot papers, and thereafter of declaring the findings.

The scrutineers appointed are Tuan Hj Zain Azahari, Mr. Puravalen, and Tuan Hj Zainudin Ismail. They undertook the tasks of verification and counting today, in the presence of the police. The process was also videotaped.

The Bar Council thanks all of them for their invaluable services. We also extend our appreciation to the police for their kind cooperation.

The scrutineers have reported their findings and declared the result. Their report is enclosed.

Thank you.

Dated 26 February 2007

Yeo Yang Poh
Chairman
Bar Council

REPORT BY THREE SCRUTINEERS TO COMPLETE THE TASKS IN RELATION TO THE BAR COUNCIL ELECTIONS 2007/2008

1. The Chairman of the Bar Council, Mr. Yeo Yang Poh sent individual letters dated 23 February 2007 to us: Zain Azahari, Zainudin Ismail and M Puravalen, appointing us as Scrutineers for the purposes of completing the tasks in relation to the Bar Council Elections 2007/08.

2. We were requested to perform the following tasks:

(a) Verify the authenticity of all the returned ballots;

(b) After the authenticity (or otherwise) of each of the ballots has been ascertained, to count the votes cast on the authenticated ballots (discounting any spoilt or otherwise disqualified ballots), and to derive at the sum total of votes each candidate had received;

(c) To declare the result of our findings on the above to the Secretary of the Bar Council.

3. We started at 8.45 a.m. Our venue was the conference meeting room of the Bar Council. We were assisted by Mr. Kenneth Goh and 30 Secretariat staff. In attendance were three representatives of the Royal Malaysian Police comprising of ASP Koh, ASP Tarmizi and Chief Inspector Franky Wong. A police photographer, Corporal Mustapha Dick, was also present. The Secretariat had a video cameraman to record relevant stages of the proceedings.

4. ASP Koh handed to us two sets of keys to two boxes. The first box was opened and found to contain 2 cardboard boxes containing 135 sets of counterfoil books. The second box was opened and found to contain two cardboard boxes containing 68 bundles of ballot papers and one cardboard box of envelopes containing returned ballot papers.

5. We found 3,403 ballot papers from the second box. We proceeded to authenticate them.

6. The overall details are as follows:

(i) Total ballots received : 3403

Out of these we found the following:

(a) Number of replacement ballots : 18
(b) Total number of forged ballot papers : 52
(c) Total number of spoilt ballots : 38

(ii) Total number of valid ballots : 3313

7. We decided to accept the replacement ballots as valid on the basis of decision made by the Bar Council at its meeting held on 17 November 2006 which decided that replacement ballots be issued with the same serial number but with a different colour. “If both the replacement ballot paper and the original ballot paper are returned, only the replacement ballot paper will be counted.”

8. The results of counting the valid ballot papers are as follows:

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