Saturday, October 31, 2020

Judicial CommissionerYA Tuan George Varughese assisted College Of Law Sydney promote Malaysian law masters program that did not have the approval of the Malaysian Qualification Agency ; provided no explanation after College suddenly closed its office in Malaysia, and its Malaysian Masters website vanished

 by Ganesh Sahathevan 


Extract from the College of Law-Bar Council brochure 


As reported on a related blog, Malaysian Judicial Commissioner  Yang Arif Tuan George Varughese has continued to maintain his silence on the matter of his dealings with Australia's College Of Law
 
Among the dealings is Varughese's  assistance extended the  College Of Law Sydney in its promotion of a   Malaysian law masters program  while he was President of the Malaysian Bar Council. 

There were a  number of problems with that program. First, it did not have the approval  of the Malaysian Qualification Agency. It is not listed on the Malaysian Qualifications Register.  

Additionally The Bar Council itself was not at the time of promotion, and still is not, approved by the Ministry Of Education to provide tertiary courses of any kind, 

The program is referred to in the past tense for it seems to have vanished, just after launch , as has  the College Of Law's director in Malaysia, Peter Tritt. Its office in Malaysia has been closed, and the phone numbers provided in the LLM brochure are no longer answered by anyone from or representing the College Of Law (see story below). 


Bar Council education ‘JV’ must be clarified

By  , in Scandal on July 19, 2019 . Tagged width:  ,  , 

KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.
The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.
bar council
The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.
NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:
Dear Rajen,
We can’t remain silent on this.
Abdul Fareed Bin Abdul Gafoor
Sent from my iPad
It is understood that “Rajen” refers to  Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.
The Bar has remained silent for nearly 2 months since.
Key person suddenly retired during extensive query
The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.
It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.
Questionable advertising claims?
In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.
Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.
He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of  “gaps” that needed that to be addressed by external consultants.
As CEO of the College Carter  has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.
Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.
-NMT





While awaiting his re-admission to practise in Malaysia, former lawyer VK Lingam began dealing in antiques in Cardiff.........and then there is the matter of "My brother Dato V. Kanagalingam" reported on Rocky's Bru

 by Ganesh Sahathevan


It has been previously reported on this blog that the  VK Lingam appeal an opportunity to eradicate the Malaysian justice system of the Lingam satellites. Meanwhile, it appears that Lingam has started a business dealing in antiques in Cardiff. See UK Companies House records at:


WESTMINSTER ANTIQUES LIMITED




TO BE READ WITH 





Sunday, November 18, 2007

My brother Dato V. Kanagalingam

Own brother lodges 2 police reports against VK Lingam. Electrician Thirunama Karasu a/l Kandar Velluppillai, 50, is the brother of V.K Lingam, the lawyer in the controversial video clip that Anwar Ibrahim showed the world in September.

In March, six months before the video, he had lodged two police reports with two police stations against his brother. The first report was lodged with the Kelana Jaya police station on 16 March 2007 and the second with the Brickfields police station three days later, on 19 March 2007.

Lawyer-politician Wee Choo Keong made public the police reports for the first time at a lunchtime media conference today. The revelation has thrown even more dirt on the country's beleaguered judiciary and is expected to pile on the pressure for sweeping reforms.

Juicy details contained in the two police reports include:
1) allegations of corruption involving Lingam and several judges, including former CJ Eusoff Chin, former AG Mohtar Abdullah, former IGP Rahim Noor, and judges Mohtar Sidin, Low Hop Bing, and K.L Rekraj.

2) a dinner hosted by Lingam at his home for some judges and their wives and children

3) gifts and cheques allegedly for some judges

4) the former IGP's phone bills

5) claims of huge transfers of money to accounts in London following a tip-off of an ACA raid

6) alleged visits to the former Chief Justice's home
Wee: "The allegations contained in the Kelana Jaya Police Report No: 002187/07 dated 19-03-2007 by Mr Karasu were extremely serious by any standard one would like to set. I am most surprised that almost 8 months have elapsed after the said police report has been lodged and there was no positive action taken ...."

He said he will be writing to the Police to ask about the status of investigation, if any, into the reports. He will also submit copies of the reports to the Bar Council and the Acting Chief of Justice.

Over 30 journalists and bloggers covered the media conference.

Read the police reports, in full:
Police Report No 1: He Ain't Heavy ...
Police Report No 2: He's My Brother.

Wednesday, October 28, 2020

Berejiklian, Maguire's keys,and her security clearance

 by Ganesh Sahathevan 

The SMH reported on 23 October 2020: 

Ms Berejiklian on Friday gave a written answer to a question on notice from One Nation leader Mark Latham, who asked during Thursday's question time why she "did not make mention of the fact that Daryl Maguire had a key to her north shore home?"

The Premier wrote in response: "It would be inappropriate to comment on these matter while an ICAC investigation is underway."

Mr Maguire is being investigated by the Independent Commission Against Corruption for using his position as the member for Wagga Wagga for his own financial benefit between 2012 and 2018. The commission has heard revelations Mr Maguire was in a secret relationship with the Premier while he was brokering property deals.



The ICAC inquiry does not concern Gladys, as her supporters and she keep reminding us.However, this evasion adds to the other instances of evasion before the ICAC inquiry where she appeared as a witness.
Her tactics may help avoid any adverse finding by ICAC, and any possible breach of any relevant laws.
However, as premier Berejiklian has to maintain a high (if not the highest) level security clearance. Being granted and then maintaining that clearance requires a level of disclosure that is often obscured by the rules of evidence applicable in Australian courts and other quasi-judicial bodies.

The above adds to information in the public domain which would justify withdrawing Berejiklian's security clearance. She cannot be premier without that high level clearance.  

Tuesday, October 27, 2020

VK Lingam appeal an opportunity to eradicate the Malaysian justice system of the Lingam satellites

 by Ganesh Sahathevan 


 VK Lingam's appeal against the Malaysian Bar Council's decision to disbar is understood to be heard soon. The appeal provides an important avenue for the eradication from the Malaysian justice. system of the Lingam satellites, primarily the network of law firms and lawyers who did his work. The decisions of former Sessions Courts judge Saufee Afandi is a good place to start

Saufee passed away in 2015 but never protested anything this writer had to say about his less than glorious career.

TO BE READ WITH 


Lawyer banned over ‘fixing judges’ phone call appeals to return to practice

1
VK Lingam made headlines in 2007 after a leaked video showing him fixing judicial appointments in a phone call with a senior judge.

PUTRAJAYA: The Court of Appeal has fixed Nov 5 to hear an appeal by former lawyer VK Lingam to return to practice after he was barred for fixing judicial appointments.

Lawyer R Thayalan said the date was agreed upon today following case management before deputy registrar Nik Serene Nik Hashim.

“A new date was decided after an earlier scheduled appeal hearing on March 10 was vacated when a judge disqualified herself,” he told FMT.

On May 22, 2018, then High Court judge Kamaludin Md Said dismissed Lingam’s appeal against a 2015 decision by the Advocates and Solicitors Disciplinary Board to strike off his name from the roll.

Lingam was implicated in a judicial fixing scandal by a 2007 royal commission of inquiry (RCI), following the release of a widely circulated video clip featuring him purportedly discussing promotions and factionalism among senior judges with then chief justice Ahmad Fairuz Sheikh Abdul Halim.

The RCI panel had recommended that action for misconduct be taken against him, Ahmad Fairuz, former chief justice Eusoff Chin, tycoon Vincent Tan, former prime minister Dr Mahathir Mohamad and former minister Tengku Adnan Tengku Mansor.

The board had earlier affirmed a committee’s decision in finding Lingam guilty of involvement in judicial fixing, and barred him from practising law.

In his appeal, Lingam claimed the video evidence used against him during the inquiry was not authentic and might have been taken out of context.

Lingam has been out of Malaysia for more than eight years and is currently believed to be in the United States.

In 2017, he was sentenced to jail six months in absentia by the Federal Court for contempt, for claiming that a Federal Court bench had plagiarised its written grounds in delivering judgment on a civil case eight years earlier.

In that case, another lawyer, TC Nayagam, and 24 family members and directors of Kian Joo Can Factory Bhd pleaded guilty to showing disrespect to the court and were fined a total of RM2.15 million