malaysia

Retired policeman denied leave to appeal over his petition for admission to bar

PUTRAJAYA, Jan 11 — Retired investigating officer in Datuk Seri Anwar Ibrahim’s sodomy II case Judy Blacious Pereira was denied leave to appeal by the Federal Court today over his petition to become a practising lawyer.

A three-man panel led by Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum unanimously dismissed Pereira’s application for leave to appeal after ruling that he failed to fulfil the requirements of Section 96 of the Courts of Judicature Act 1964.

Lawyer Datuk Malik Imtiaz Sarwar representing the Bar Council said following this verdict, the Court of Appeal’s dismissal of Pereira’s petition for admission as a lawyer stands.

However, Malik told reporters that he was unsure whether Pereira would be able to submit a fresh petition to become a lawyer.

Justice Malanjum who presided on the panel with Federal Court judges Tan Sri Abu Samah Nordin and Datuk Balia Yusof Wahi did not make any orders on legal costs.

Pereira also known as Jude Pereira, 64, filed his first petition for admission as an advocate and solicitor of the High Court of Malaya on July 23, 2012.

The Bar Council, however, objected to his admission, citing a Suhakam inquiry into a case involving the arrest of five lawyers during a candlelight vigil in 2009, which held that Pereira was not a credible witness.

On Dec 17, 2014, the High Court in Ipoh ordered Pereira to attend eight hours of the Bar Council or Perak Bar’s seminars and courses on human rights over the next three months before applying for his admission.

The Bar Council objected again contending that Pereira had not strictly adhered to the conditions as he attended a human rights programme conducted by Brickfields Asia College and joined a volunteer programme conducted by UNHCR.

On March 31, 2015, another High Court judge held that there was substantial compliance with the High Court order and allowed Pereira’s petition to be admitted to the Bar after he (Pereira) gave his undertaking that he would fulfil the condition and also directed him to undergo more courses.

The Bar Council appealed to the Court of Appeal which on Oct 21, 2015 allowed the Bar Council’s appeal and dismissed Pereira’s petition for admission, prompting him to file a leave to appeal to the Federal Court.

Pereira’s lawyer Dominic Selvam had earlier requested the court to grant leave to appeal on seven questions of law for the Federal Court to determine. — Bernama

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