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Thursday, December 18, 2014

Scandal-hit ex-cop Jude Pereira can practise law but must attend human rights courses - court

Scandal-hit ex-cop Jude Pereira can practise law but must attend human rights courses - court
IPOH - The High Court here today ruled that a former investigating officer (IO) in Datuk Seri Anwar Ibrahim's second sodomy case should be allowed to be called to the Bar, albeit three months from today.
Judicial Commissioner Lee Swee Seng made the order after allowing Judy Blacious s/o A.F. Pereira (also named Jude Blacious Pereira)'s petition for enrolment and admission as an advocate and solicitor of the High Court of Malaya.
"During the period from now till the expiry of three months, the petitioner should attend some human rights seminars, forums, activities or programmes organised by the Bar Council's human rights committee," ordered Lee.
The judge said if there were no such programmes, the petitioner must attend other relevant programmes by the Bar Council to allow him to have a period of reflective conscientisation with respect to the ethos of human rights especially of detainees under the criminal justice system.
Lee said the programmes should not be viewed as a punishment but that in all seriousness would serve as a kind of reflective rehabilitation for Pereira's new role.
"No greater burden than is necessary should be imposed on the petitioner save for some eight hours of the above training, lecture or involvement in the programmes that the Bar Council may prescribe for him," Lee added.
The judge said the petitioner should be welcomed into the profession and with his background and experience from serving on the other side, would be able to play an important role as an honourable member of the profession in upholding human rights and the rule of law.
"I made no order as to costs. March 25, 2015 at 9 am is to be the admission of the petitioner as an advocate and solicitor of the High Court of Malaya," he said.
Lee said the court took into consideration the fact that the Human Rights Commission of Malaysia (Suhakam) Report was laced with some sarcasm or perhaps susceptible to more than one possible interpretation.
He also took into consideration the fact that the Bar Council did not lodge any police report after the release of the said Suhakam report.
"I consider too the fact that at the short call stage there was no objection from the Bar Council or the state Bar Council. When at the stage of applying to sit for the Bar Council Ethics examination there was also no objection raised," he added.
Lee said affidavit evidence that the petitioner had served the force with distinction both locally and in Sierra Leone and also rose to the rank of Superintendent before retiring after some 37 years of service, had not been disputed.
Nevertheless, he agreed with the Bar Council that a breach of the basic fundamental human rights of a detainee and especially of volunteer lawyers was a serious matter.
"However in as much as the law is majestic and mighty such that no one can escape its reach or be above it, the law as I know it, is also magnanimous and merciful and gives many a second chance to prove themselves worthy of their calling in life," he added.
On Jan 15, this year, Kuala Lumpur High Court judge Datuk Zaleha Yusof ruled in favour of the Bar Council in their notice of objection and notice of caveat against Pereira's admission to practise law.
The Bar Council had objected to Pereira's admission, citing a Suhakam inquiry into a case involving the arrest of five lawyers during a candlelight vigil, which found that Pereira was not a credible witness.
On Sept 3, the Court of Appeal allowed Pereira's appeal to set aside the High Court's decision to bar his admission as an advocate and solicitor.
The court held that the High Court judge had made her ruling based on a notice of objection and notice of caveat against Pereira's admission which was filed by the Bar Council, and not on his petition.
The court also found that Pereira had not yet filed his petition under Section 15 (1) of the Legal Profession Act 1976 for enrolment and admission as an advocate and solicitor and therefore, the High Court had not sat down to hear his petition.
Pereira filed the petition for enrolment and admission as an advocate and solicitor of the High Court of Malaya, in Ipoh.
He was represented by lawyer Dominic Selvam while the Bar Council, by Datuk Malik Imtiaz Sarwar and Pavendeep Singh. – Bernama

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