JUDGMENT

Introduction

[1] This is an appeal by the appellant against the decision of the Court of Appeal in dismissing its appeal against the decision of the High Court in which the learned judge had affirmed the Disciplinary Board's (DB) decision in dismissing the appellant's complaint against the respondent for professional misconduct.

[2] We have heard the appeal and reserved our decision. We have since further considered the submissions of respective counsel and now give our decision and grounds.

[3] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice Dato' Sri Balia Yusof Haji Wahi has since retired.

Background Facts

[4] The appellant is the Bar Council of Malaysia, a statutory body tasked, among others, with overseeing the conduct of its members who are advocates and solicitors practicing in Peninsular Malaysia.

[5] The respondent is a member of the Malaysian Bar and had a complaint made against him by a letter dated 4 April 2013 to the DB of the Malaysian Bar. The circumstances in which the complaint was made were these.

[6] Balasubramaniam Perumal (Bala) was a prosecution witness in the murder trial of Altantuya Shaaribuu (Altantuya) and had, on 1 July 2008, signed a statutory declaration (SD1) where he had, inter alia, implicated Datuk Seri Najib Tun Razak (Datuk Seri Najib) in a relationship with Altantuya. Americk Singh Sidhu (Americk), then Bala's solicitor, had drafted SD1 on Bala's instructions. In a press conference on 3 July 2008, SD1 was made known to the public.

[7] Bala, however, on 4 July 2008, signed another statutory declaration (SD2) disavowing the entire contents of SD1 and at the same time alleged that SD1 was signed under duress. In a press conference on 4 July 2008, SD2 was made known to the public.