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IPOH: The High Court has set aside a six-month suspension order made against lawyer B. Kasturi Kesveren.

The order was made by the Malaysian Bar's Disciplinary Board on March 7 against Kasturi for breach of undertaking.

Judge Datuk V.T. Singham also ordered the board to appoint a new disciplinary committee to investigate the original complaint against Kasturi.

In allowing Kasturi's appeal to set aside the suspension order, Singham said that justice should not be undermined by partiality on the part of the people in authority.

"The right of livelihood of members of the Bar or any other person cannot hang on the fancies of individuals in authority who may have preconcieved views or agendas," he said.

Kasturi, 41, had appealed to the High Court to set aside the suspension order on the ground that senior lawyer A. Mariadass, who was appointed by the Disciplinary Board as chairman of the disciplinary committee last year to investigate him, had acted with prejudice and bias against him.

Singham said the administration of justice in disciplinary cases must be "kept clear and pure" so that members of the Bar who are subjected to disciplinary proceedings would have faith and confidence in the process of justice.

Stressing that nothing should undermine justice, especially the lack of impartiality, he said: "The chairman of the disciplinary committee (Mariadass) should have recused himself without awaiting for application from the appellant as there was a real danger of bias.

"Nothing is more incumbent on the disciplinary committee than to preserve the proceedings so that these are independent and free from bias and prejudice," he said, adding that he hoped the Disciplinary Board would be mindful of any conflict of interest before members were appointed to disciplinary committees.

The disciplinary committee was set up on May 30 last year following a complaint from Yap Kon Yew on July 10, 2006, against Kasturi over a case involving the sale of a rubber estate land in Ladang Sungai Samak in Tanjung Malim.

Kasturi's counsel. A. Mahendran, submitted that Mariadass had gone beyond the bounds of propriety when he made an uncalled-for remark against Kasturi in the disciplinary committee's report on Nov 22, last year.

Citing the last line of the report which read "Crimes are committed because criminals are not punished fast enough", Mahendran argued that Mariadass should not have made the remark as this showed he was biased.

Counsel James Devadason, holding a watching brief for the Malaysian Bar's Disciplinary Board, and R. Baburaj, doing the same for the Malaysian Bar Council, agreed that such remark was uncalled for.

It was also pointed out that the Disciplinary Board had appointed Mariadass as chairman of the disciplinary committee against Kasturi, even though Mariadass was a complainant against Kasturi in an unrelated matter.

Mahendran also presented to the court two letters dated April 16, 2007, and Nov 19, 2007, which Mariadass had written to the Disciplinary Board where he had informed the Bar that Kasturi should not be issued a renewal of his practising certificate.

Mahendran said the letters showed that Mariadass was biased against Kasturi, adding that subsequent to the letters, Mariadass, as chairman of the disciplinary committee, had on Nov 22 recommended that Kasturi be suspended for six months.

Based on that recommendation, the Disciplinary Board announced the suspension of Kasturi for six months on March 7 this year, ordering that the suspension take effect from March 28 to Sept 28.

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