BANDAR SERI BEGAWAN: The Court of Appeal of Brunei Darussalam dismissed an appeal by the Law Society of Brunei Darussalam against the admission of British barrister Marie Rita Leslie as an advocate and solicitor in Brunei.
The case arose from Leslie’s 2024 application to be admitted to the Brunei Bar, as she was neither a Bruneian citizen nor a permanent resident, meaning she had to meet additional requirements under Brunei’s Legal Profession Act, including having at least seven years of active legal practice in the United Kingdom (UK) and being of ‘good character’.
The Acting Chief Justice approved her application earlier in 2025, but the Law Society appealed that decision, arguing that Leslie did not meet the legal requirements.
The Law Society first argued that Leslie was not a ‘qualified person’ under the law because she had been on ‘sabbatical’, and was therefore not in active legal practice in the UK for the required seven-year period.
Secondly, the society questioned her ‘good character’, alleging that she may have breached Brunei’s immigration regulations by working as a mediator before receiving the correct employment pass, and that she had not been fully candid in her application about her work status and immigration position.
The Court of Appeal, led by Chief Justice Dato Seri Paduka Steven Chong, flanked by Justices Michael Peter Lunn and Edward Timothy Starbuck Woolley, rejected both arguments, following its finding, as it first addressed the issue of active practice, with the court noting that “active” does not mean daily or continuous courtroom work.
Modern legal practice allows for remote work and flexible arrangements, and the court found that Leslie’s practising certificates and evidence from her head of chambers showed she remained actively engaged in legal practice for more than seven years. The judges agreed with the earlier decision that she met the qualification requirements.
On the question of good character, the court emphasised that allegations questioning a lawyer’s integrity are serious and must be supported by clear evidence.
While the court acknowledged that Leslie’s application could have been presented more clearly, it found that all relevant information had ultimately been disclosed and that any issues amounted to minor shortcomings rather than dishonesty or a lack of integrity.
The court also noted that immigration authorities had taken no enforcement action against Leslie and that the Law Society had not applied to cross-examine her despite making serious allegations.
During the appeal, Leslie returned to the UK and formally withdrew her application, stating that she had no intention of returning to Brunei following the dispute.
Despite this, the Law Society continued with the appeal because the original admission order technically remained in place.
To address this unusual situation, the Court of Appeal ruled that Leslie cannot finalise her admission to the Brunei Bar unless she first obtains permission from the court. This means she cannot simply rely on the earlier decision if she later changes her mind and seeks admission again.
The Court of Appeal dismissed the Law Society’s appeal in full and made no order for costs against either party.
In its closing remarks, the court stressed that Brunei should generally welcome experienced foreign lawyers who can contribute to the development of its legal system, provided they meet professional standards and act with integrity.
At the same time, it underlined that the public interest and confidence in the legal profession must remain the guiding principles. – Borneo Bulletin/ANN
