Lawyer still cannot practise
15/02/2007 The Star

PUTRAJAYA: Lawyer John George Bernatt, who has been in the legal service for the last 35 years, can no longer practise.

This was after the Federal Court upheld the decision by the Advocate and Solicitor’s disciplinary board to strike the 70-year-old counsel from the rolls for committing criminal breach of trust and for improper legal practice 20 years ago.

Federal Court judges Justices Alauddin Mohd Sheriff, Arifin Zakaria and S. Augustine Paul unanimously dismissed Bernatt’s appeal against the High Court’s ruling to uphold the disciplinary board’s decision.

In 1987, Bernatt obtained a High Court order to obtain monies amounting to RM51,437.50, which had been deposited in the court, to be released to him via Teik Sing Realty Sdn Bhd, his client’s account.

After Bernatt failed to release the money, Teik Sing Realty engaged another law firm Messrs W.K. Choo & Associates to try to obtain the monies from the former.

He then agreed to release the money to the company on the condition that Teik Sing Realty retracted a police report and a complaint to the disciplinary board lodged on April 2, 1997.

However, the company refused to do so, and on June 23, 2003, the disciplinary board struck Bernatt off the rolls.

Bernatt appealed to the High Court against the disciplinary board’s decision but it was dismissed on Dec 13, 2005.

In a separate case, the Federal Court also dismissed the appeal of another lawyer, who had been temporarily suspended by the disciplinary board for alleged misconduct.

The same quorum unanimously declined to reverse the decision of the disciplinary board after hearing Pushpam Subramaniam's appeals.

The judges also ordered that the disciplinary committee start investigations relating to a complaint lodged against Pushpam by her clients for an alleged misconduct over monies amounting to RM72,622.68 from a sales and purchase agreement of three plots of land.