Lahad Datu: Lawyer’s bid to represent 21 Filipinos over Sulu intrusion dismissed

  • Nation
  • Thursday, 09 May 2013

KOTA KINABALU: A senior peninsula lawyer's bid to be admitted into the Sabah bar to represent 21 Filipino nationals involved in the Lahad Datu Sulu intrusion has been dismissed by the Kota Kinabalu High Court.

In dismissing the ad-hoc application by counsel Datuk Sivanathan Nityanantham, Justice Chew Soo Ho held that the application did not comply with Section 10(c) and Section 10(3) of the Sabah Advocates Ordinance 1953.

Justice Chew, however, dismissed the application with the liberty to reapply.

Sivanathan's ad-hoc admission was objected by the Sabah Law Association (SLA), represented by counsel Catherine Chau.

Chau told the court that it was not the association's policy to object to such ad-hoc applications provided they complied with the Ordinance and other guidelines.

She said the SLA was objecting to the ad-hoc application by Sivanathan who appeared to be handling too many cases.

"The logistics involved in one counsel handling so many cases would be overwhelming," Chau said.

"It is not in the interest of justice to allow one leading counsel assisted by a local advocate to monopolise and handle numerous cases even though joint trials may be ordered for some of these cases," she added.

According to Chau, Sivanathan was to appear as counsel for the Filipino nationals, as determined by the Philippines Embassy, when they were charged in court for the various offences relating to the Lahad Datu incursion.

She noted that Sivanathan, who was represented by counsel James Tsai, was making a single application for an ad hoc admission not only for the existing cases, but for other similar cases yet to be brought to court.

Chau argued that Section 10(c) of the Ordinance stipulated that an application had to be made separately for each case.

In submitting the application earlier, Tsai told the court that Sivanathan was a fit and proper person to be allowed the ad hoc admission due to his extensive experience and specialised knowledge in criminal litigation locally and at the International Criminal Court.

Tsai said he had approached six local senior counsel for their services but all of them had turned him down.

He said 21 Filipino nationals had so far been charged with waging war against the Yang di-Pertuan Agong as well as for terrorism and recruiting people to participate in terrorist acts.

Related Stories:
Lahad Datu: Three more Filipinos charged over intrusion by Sulu gunmen
GE13: For war weary Lahad Datu folks, vote is for BN to rebuild their lives
Lahad Datu: Bukit Aman to interview Raja Petra over Sulu intrusion article
Lahad Datu: Anwar Show us proof Opposition involved with Sulu gunmen
Lahad Datu: PKR's Penampang candidate Darell Leiking claims likely to be named among Sulu incursion plotters

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3
Join our Telegram channel to get our Evening Alerts and breaking news highlights

Next In Nation

TAR UC to continue producing graduates of all races
Over 300,000 individuals to get third dose of Covid-19 vaccine in T'ganu
Covid-19: Total of 290 teachers in Sabah yet to get vaccinated, says deputy minister
No change in status of land gazetted as Muslim cemetery, says Nilai rep
Covid-19: Prices of self-test kits to be reduced before school term begins
Denying driving licences to senior citizens would be a last resort, says Transport Minister
Covid-19: Sabah’s daily cases dip below 1,000 for first time since Aug 4
Johor Ruler urges govt to speed up review on MM2H’s new criteria
Covid-19: 13,899 new cases recorded on Saturday (Sept 25)
KATC aims to be Sabahan-led aerospace tech company by 2026, says CEO

Stories You'll Enjoy