Lawyer allowed to amend statement


  • Nation
  • Friday, 03 Aug 2012

KUALA LUMPUR: The High Court has allowed lawyer Mohd Khairul Azam Abdul Aziz to amend his statement of claim in a suit against the Malaysian Bar and Bar Council in relation to its Extraordinary General Meeting (EGM).

Judge Datuk John Louis O’Hara allowed the amendment in chambers, with Tan Sri Dr Abdul Aziz Abdul Rahman and Shaharudin Ali appearing for Mohd Khairul Azam and Idza Hajar Ahmad Idzam for the defendants.

Shaharudin said that one of the issues raised in the claim was to determine the validity of the EGM notice and agenda, which were in English.

“The Bar and Bar Council are public authorities established by Parliament.

“According to the Consti­tution, all such bodies must use Bahasa Melayu in their correspondence,” he said.

He added that the defendants had no objections over the matter.

The court had in June struck out the claim against Bar Council chairman Lim Chee Wee and its secretary Tony Woon Yeow Thong after the plaintiff decided not to pursue the case against the two.

In his original claim, Mohd Khairul named the Malaysian Bar, the Bar Council, Lim and Woon as the defendants.

In his claim, Mohd Khairul said that at about 1.05pm on May 4, Woon had uploaded a circular on the Malaysian Bar website stating that an EGM would be held at a hotel here at 3pm on May 11.

He claimed Woon uploaded the circular titled “Motion in relation to the events of and surrounding the Bersih 3.0 public assembly on April 28 and matters in connection therewith”, proposed by Lim, on behalf of the Bar Council and dated May 4, 2012 at about 11.29pm on May 4.

He said the defendants failed, refused or neglected the statutory rights of the Bar’s 14,189 members by not mailing the notice and motion to them.

Mohd Khairul said Woon’s action of doing so on the website was an incomplete presentation and not according to the law.

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