The Malaysian Bar - Summary of Orders made by the Disciplinary Board at its 186th Board Meeting

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Summary of Orders made by the Disciplinary Board at its 186th Board Meeting

Wednesday, 30 May 2012 04:12pm

Fines

1. Mr. John Willibrod Concisom a/l Willie Brod (Serial No. J/125)

DB/10/5537/SA

By ASDB Order dated 21 October 2010 the Respondent of 19, Jalan Sultan Azlan Shah Utara, Taman Ipoh Selatan, 31400 Ipoh, Perak was, after taking into account aggravating factors, fined RM3,500.00 for practising without a valid Practising Certificate from 1 January 2010 to 19 July 2010 ( and continuing).

2. Cik Mazenah Binti Hassin (Serial No. M/1005)

DB/10/5567/SA

By ASDB Order dated 21 October 2010 the Respondent of No. 531, Jalan Margosa 18, Taman Bukit Margosa, 70400 Seremban, Negeri Sembilan was fined RM500.00 for practising without a valid Pratising Certificate from 1 January 2010 to 9 February 2010.

3. Cik Enzalelawaty Bt Zaludin (Serial No. E/027)

DB/10/5545/SA

By ASDB Order dated 23 October 2010 the Respondent of No. 8, Laluan Taman Kinta, Off Jalan Raja Dr. Nazrin Shah, 30250, Ipoh, Perak was fined RM500.00 for practising without a valid Practising Certificate from 1 January 2010 to 7 February 2010.

4. Ms. Krishnaveni a/p Atanhary (Serial No. K/653)

DB/10/5566/SA

By ASDB Order dated 21 October 2010 the Respondent of No. 10, Jalan RK 5/9, 1388 Rasah Kemayan Golf & Country Club, 70300 Seremban, Negari Sembilan was fined RM500.00 for practising without a valid Practising Certificate from 1 January 2010 to 4 February 2010.

5. En. Rezalman Bin Bahran (Serial No. R/669)

DB/10/5536/SA

By ASDB Order dated 21 October 2010 the Respondent of MBB-MN 93, Kg Nipah, 16300 Bachok, Kelantan was, after taking into account aggravating factors, fined RM3,500.00 for practising without a valid Practising Certificate from 1 January 2010 to 19 July 2010 (and continuing).

6. Mr. Shivdev Singh (serial No. S/224)

DB/10/5546/SA

By ASDB Order dated 23 October 2010 the Respondent of D-G-4, Rayaria Kondominium, Jalan Teh Hian Tat, 30300 Ipoh, Perak was fined RM2,000.00 for practising without a valid Practising Certificate from 1 January 2010 to 14 April 2010.

7. Mr. Batu Malay a/l Thandy (serial No. B/071)

DC/04/0445

By ASDB Order dated 23 October 2010 the Respondent of No. 5, Jalan Akuatik 13/77D, Taman D’Kayangan, Seksyen 13, 40000 Shah Alam, Selangor was fined RM 50,000.00 for:-

a) breach of Rule 2(1)(b) of the Solicitors’ Account (Deposit Interest) Rules 1990 as he had failed to deposit the Complainant’s accident award in an interest bearing account pending appeal;
b) breach of Rule 7(a)(v) of the Solicitors’ Account Rules 1990 as he had failed to notify the Complainant that the monies received and paid to him and which were to be kept in a client’s account were applied in the satisfaction of his fees due to him under the written agreements;
c) failing to refund the amount of RM158,615.06 demanded by the Defendant’s Solicitor and had only so refunded 3 years later after the appeal was allowed;
d) failing to pay promptly to the Complainant monies due to the Complainant; and
e) failing to keep his client informed as to the progress of the matter in the Sessions Court.

8. Cik Marina Binti Musa (Serial No. M/947)

DC/08/4441

By ASDB Order dated 21 October 2010 the Respondent of No 10-1-4, Puncak Mutiara, Lorong Delima A/3, 11700 Gelugor, Penang was, after taking into account mitigating factors, fined RM2,000.00 for the delay in the preparation and finalization of the loan.

9. Cik Mawarni Binti Mohd Ashrof (Serial No. M/1796)

DB/10/5561/SA

By ASDB Order dated 21 October 2010 the Respondent of 3-72, Kampung Razali, Batu 4, Jalan Gambang, 25150 Kuantan, Pahang was fined RM1,000.00 for practising without a valid Practising Certificate from 1 January 2010 to 18 February 2010.

10. En. Suhairi Bin Abdul Karim (Serial No. S/1540)

DB/10/5547/SA

By ASDB Order dated 21 October 2010 the Respondent of No. 5, Jalan Beseri Murni, Taman Beseri Murni, KM 13, Jalan Padang Besar, 02400 Perlis was fined RM1,000.00 for practising withour a valid Practising Certificate from 1 January 2010 to 7 February 2010.

11. En. Amir Bin Md. Zain (Serial No. A/192)

DB/10/5529/SA

By ASDB Order dated 22 October 2010 the Respondent of No. Lot 21, Jalan Hospital USM, 15200 Kota Bharu, Kelantan was, after taking into account mitigating factors, was fined RM500.00 for practising without a valid Practising Certificate from 1 January 2010 to 9 February 2010.

12. Mr. Lal Harcharan Singh (Serial No. L/009) (Deceased)

DB/10/5539/SA

By ASDB Order dated 23 October 2010 the Respondent of D-G-4, Rayaria Kondomonium, Jalan Teh Hian Tat, 30300 Ipoh, Perak Darul Ridzuan was fined RM2,000.00 for practising without a valid Practising Certificate from 1 January 2010 to 14 April 2010.

13. En. Mohammed Hissham Bin Ramdzan (Serial No. M/1001)

DB/10/5559/SA

By ASDB Order dated 22 October 2010 the Respondent of No. 5, Lorong 6, Kempadang Perdana, 25150 Kuantan, Pahang Darul Makmur was, after taking into account aggravating factors, fined RM2,500.00 for practising without a valid Practising Certificate from 1 January 2010 to 4 April 2010.

14. En. Mohd Azmi B Othman( Serial No. M/473)

DB/10/5579/SA

By ASDB Order dated 22 October 2010 the Respondent of No. 5A, Jalan Raja Abdullah, Kg. Sungai Rapat Tambahan, 31350 Ipoh, Perak was fined RM1,000.00 for practising without a valid Practising Certificate from 1 January 2010 to 8 March 2010.

Strike Off

1. Baharuddin Bin Mohd Salleh (Serial No. B/114)

DC/09/4957

By ASDB order dated 19 November 2010 the Respondent of 7, Jalan Puteri Indah 2/2, Taman Puteri Indah, 83000 Batu Pahat, Johor was ordered to be struck off the Roll of Advocates and Solicitors effective 21 days from the date of the Order and ordered to refund the sum of RM18,777.76 to the Complainant for:-

a) misappropriating the balance of the compensation due to the Complainant and 26 other squatters;
b) failing to account for monies paid to him as solicitor for the Complainant and 26 others towards purchase of a piece of land on which the squatters are to be resettled and continued to withhold the said monies wrongfully; and
c) failing to attend to the Sale and Purchase Agreement for the substitute land for the Complainant despite instructions to do so.

2. Mr. Damian Pheny (Serial No. D/046)

DC/09/4615

By ASDB Order dated 22 October 2010 the Respondent of No. 105, Jalan 5/58C, Maxwell Towers A, Seksyen 5, 46000 Petaling Jaya, Selangor was ordered to be struck off the Roll of Advocates and Solicitors of the High Court of Malaya effective 21 days from 22 October 2010 and ordered to refund the sum of RM300,000.00 to the Complainant for failing to pay to return the sum of RM300,000.00 paid to the account of the Complainant to settle the Complainant’s debt.

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