Beware of rogue lawyers in Malaysian legal system

They boast of connections with retired judges and being able to fix cases

KUALA LUMPUR: A group of lawyers is bringing disrepute to the Malaysian legal system with claims of being able to “fix” commercial cases.

They are known as the “Dream Team” in the circle of retired gentlemen judges because these lawyers “play ball” with their “coach”, a retired judge, to win big.

Among litigation lawyers, they are referred to as the “syndicate” or “cartel”.

Malaysian Bar president Lim Chee Wee confirmed their existence.

“We are aware of a syndicate of rogue lawyers who boast of mastering the art of influence and inducement outside the courtroom in addition to advocacy in the courtroom,” he said.  “Mercifully, it's a small group.”

He added that the commercial cases they boast of being able to influence include disputes over business contracts and family property and company disputes between shareholders and directors which usually involve millions of ringgit.

Lim, however, stressed: “The vast majority of judges and lawyers are honest, and it is only a few rotten apples who ruin the reputation of the rest.”

He was also doubtful about many of the claims they made, suggesting that “most of their boasts might be mere puffery to trick clients into paying more in legal fees”.

But for some years now, litigation lawyers have been indignant about “the cartel” and the connections they see between some retired judges and lawyers.

They say a retired judge acts as puppet master and a former court officer at times comes in as facilitator.

Litigation lawyers interviewed on the modus operandi of the syndicate gave these scenarios:


> A client contacts a retired judge who then gets in touch with a serving judge.

> While in office, the former court officer would arrange for access to certain judges.

> The former court officer takes advantage of the practice of registrars writing up case notes for appellate judges by suggesting how to skew them.

Asked what action the Bar Council had taken, Lim said it had told Tun Zaki Azmi when he was Chief Justice and his successor Tun Arifin Zakaria of reports that “a few judges received phone calls from retired judge(s) regarding pending cases, allegedly with a view to influencing their decision or grounds, and naturally these right-thinking judges found such approaches to be offensive.”

“The Chief Justices have taken action and I am not aware of any more similar incidents.”

Lim said he had also raised with the Chief Justice and President of the Court of Appeal the Bar's concern over reports that a few rogue lawyers may be influencing registrars who prepare case notes/briefs for appellate judges “with the view of having the contents lean in their favour”.

When contacted, a sitting judge said: “The solution is for all appellate judges to carefully read the written submissions of both counsel and not rely on the case notes.”

Lim said that following media coverage of corruption in the legal system, the council has been receiving information from Bar members and the public.

“We will review the information and if there is prima facie evidence, we will lodge a complaint with MACC (Malaysian Anti-Corruption Commission).”

Lim added: “We are also working closely with MACC to investigate corruption among lawyers who bribe officers/employees of clients to obtain legal work. This is perceived as a rampant practice at financial institutions.

“We hope that the Association of Banks Malaysia will consider assisting MACC on this.”

He urged anyone with any information on the who, what, when and where of corruption to write to president@malaysianbar.org.my or contact +603 2050 2013.

By SHAILA KOSHY koshy@thestar.com.my

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Missing girls found living with foreign boyfriends Nepalese faces charge

Sisters were found living with a Nepali believed to be one of the girls' boyfriend

Safe and sound: Poh Fong (left) and Poh Choo being escorted to south Klang police headquarters. 

KLANG: Two teenage girls who were reported missing last Wednesday have been found.

Police found Chen Poh Choo, 15, and her sister Poh Fong, 13, at about 2pm in Taman Sentosa, living with a Nepali believed to be the boyfriend of one of the girls.

South Klang OCPD Asst Comm Mohamed Mat Yusop said the girls had been sent to hospital to receive medical attention. “It is not known yet why the girls left their home.

“We have yet to investigate the foreigner. Let the police investigate and avoid listening to hearsay,” he said, adding that the girls had records of skipping school in the past.

The girls, who were present at the news conference, shook their head in refusal when ACP Mohamed asked if they wanted to go home.

He added that the girls would either be spending the night at the hospital or at a shelter. Reporters were barred from speaking to the girls.

Poh Choo and Poh Fong were reported missing at midnight on Thursday after they were last seen at noon on Wednesday before they walked to school from their house in Pandamaran Jaya.

Outside the station, the girls' father, Chen Fook Chai, said he had yet to see his daughters.

“The police told me my daughters have been found but I have not met them,” he said.

He admitted that his girls had disciplinary problems in the past but denied abusing them.

“They skipped school and had some disciplinary issues but nothing serious,” Chen said.

According to a source, the Nepali was detained by the police at 5pm yesterday.

The man, in his 20s, was believed to be living alone at a shoplot in Taman Sentosa for the past few months. His job is, however, unknown.

- By A. Ruban/The Star

Nepalese may face rape charge

KLANG: A 32-year-old Nepalese man who allegedly had sex with one of the sisters reported missing is being investigated for statutory rape.

South Klang OCPD Asst Comm Mohamed Mat Yusop said medical examinations revealed signs of penetration on the older sister.

“We believe the 15-year-old girl had sex within the time she disappeared last Thurs­day,” he told reporters here yesterday.

“We have since arrested the man, believed to be her boyfriend”.

ACP Mohamed said he was a general worker at a shopping outlet in Klang and would be remanded for two weeks.

He will be investigated under the Immigrations Act and for statutory rape.

Police found the missing girls at the Nepalese’s house in Taman Sentosa here at 2pm on Monday following a tip-off.

ACP Mohamed said investigations revealed that the girls had run away to be with their boyfriends.

When contacted, the girls’ father said they were getting impatient and wanted to see their daughters.

“I just want to know when I can see them again,” he said. “My wife waited at the hospital until 1am (on Monday) to meet them.”

Despite the latest revelations, he did not believe that they ran away to stay with their boyfriends, and wanted to know where they went.

In a separate case, ACP Mohamed said a gang of four men broke into the house of a 30-year-old IT officer in Bukit Jati and robbed the family of four at knife point.

“The gang members wore masks, gloves and had machetes,” he said, adding that they gained entry by cutting through the kitchen grille at 3.45am on Monday.

They made off with RM2,000 cash, RM7,000 worth of jewellery, four mobile phones, three watches and one laptop, he said.

“At 3.45pm the same day, a team of policemen arrested an Indonesian man in front of a money changer in Taman Sri Andalas. He is suspected to be part of the gang,” he said.

Police are looking for the other three men and believe they are responsible for seven other robberies in Banting and Klang.

By SHAUN HO shaunh@thestar.com.my

How to save when you’re broke?

Saving money is not impossible when you're in financial dire straits

SAVING money can be a tall order for a lot of people but it becomes near impossible when you're broke or financially challenged. Still, it's not a position you can't come out of.

Here are some simple steps to follow to help you save despite being broke.

Set up a budget plan

If you're broke and trying to save money, than it's best to come up with a budget plan, says Standard Financial Planner Sdn Bhd's Jeremy Tan.

“If you're broke, then you need to evaluate what you're doing wrong.

“Have a budget plan. Look at what assets you have? “Perhaps you could try liquidating some.

“But even before you're broke, you should have contingency or emergency funds,” he tells StarBizWeek.

Keep working

MyFP Services Sdn Bhd managing director Robert Foo believes that if a person is broke, it's imperative for one to continue working or seek a new form of employment - as soon as possible.

“If you have a job, then you should continue working.The experience that you already have would be invaluable.

And what happens if you've lost your job or unemployed? All is not lost, says Foo.

“Don't feel hopeless. You've got skills and should be able to have contacts that can help you find a new job.

“If you have a job and you feel it's unstable or that you might lose it, then you should ensure that your resume is with headhunters, to ensure your income position remains as stable as possible.”

Tan also points out that age can be a factor. “Of course if you're young, you'll be able to take on multi-tasking jobs. If you're old, then you might need to go easy on the job load,” he says.

Compare prices

Self-confessed shopaholic PS Tan says that when she's “a little bit behind on her credit card payments” and needs to cut down on her spending, she decides to be a little bit more “choosy” with her shopping.

“When I know I need to cut down on my spending, I go several hypermarts or supermarkets and compare prices first before eventually purchasing.

“Also, if I have been using items that were expensive, I just choose to buy ones that are cheaper.
Be open to new brands and products,” she says.

Eliminate costs

While trying to save, also try to rid yourself of whatever debts you have.

“If you're broke, ask yourself if you have debts or not? Find out how you can restructure them,” says Tan.

Tan meanwhile says now would also be a good time to evaluate and consider eliminating the unnecessary financial obligations that one can do without.

“If you have a gym membership for a gym that you've not been going to for a long time, or perhaps a year's subscription for a book or magazine you've been hardly reading, just cut it off.”

Live within your means

If you're broke, than you're going to need to need to change your lifestyle - immediately!

“If you're broke, then you're not going to be able to sustain the lifestyle you've been living.

“The fastest way to solve this is to cut down on your expenses,” says Foo.

He reiterates that one could find a part time job or even a second one to curb debts quickly.

Eric Lee (not his real name), a marketing executive who was laid off for six months, says he was forced to cut down on his lavish lifestyle when he had difficulty finding a job.

“I had to do a lot of things differently.

“My car got repossessed and I had to move out from where I was staying because I couldn't afford the rent.

“I moved in with my parents and also had to rely on public transport to go where ever I needed to, especially for job interviews.

“If I was lucky, sometimes I could drive my parents' cars.

“When I did get a job, I initially still had to live within my means as I was still unable to stand on my own feet. This meant taking home-cooked meals to work.

“Initially, I also had to use t-shirts from friends as I couldn't afford new ones.”

By EUGENE MAHALINGAM
eugenicz@thestar.com.

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