Blacklist the errant and greedy developer who destroyed old building in Penang

What a shame: A file photo of the entrance to the Prai market in Butterworth before it was demolished.

State govt wants firm which tore down market barred from building in Penang

GEORGE TOWN: The state government wants the developer who demolished the Prai market barred from undertaking future projects in Penang as well as disciplinary action against the police officer and lawyer for allegedly colluding with the builder.

Deputy Chief Minister ll Dr P. Ramasamy said the developer must be blacklisted and prevented from building in Penang for tearing down the 76-year-old market.

He said action must also be taken against the police officer whom he alleged had colluded with the developer during the demolition on May 17.

“I have written to the Penang police chief (Senior Deputy Comm Datuk Wira Abdul Rahim Hanafi) and the Home Ministry to investigate and take action against the police officer.

“I personally want the developer prosecuted and jailed and disciplinary action taken against the police officer who abetted the demolition which is a ‘daylight aggression’ and a total disregard for the law,” Dr Ramasamy said yesterday.

On the action sought against the developer’s lawyer, Dr Ramasamy claimed that the court order was for only the eviction of the people and not for demolition of the market.

“The Bar Council must act on this.”

He said there were plans to conserve the market as a heritage building but the demolition ‘threw a spanner into the works’ to restore the building.

Three police reports had been filed against the developer over the demolition.

The Seberang Perai Municipal Council has now cordoned off the site.

The case against the developer for violating the Town and Country Planning Act 1976 was mentioned in the Bukit Mertajam magistrate’s court yesterday and would be brought up again on June 23
- Nu R. Sekaran The Star/Asia News Network

No getting off the hook - Greedy developer should be taught a lession, Says DCM II

Deplorable: A filepic taken in June last year of the rundown Prai Market that was flattened on Sunday.

GEORGE TOWN: The state government will hold talks with the Seberang Prai Municipal Council on action to be taken against the developer for demolishing the 76-year-old Prai market.

Deputy Chief Minister II Dr P. Ramasamy said they would look into all avenues, including getting the developer to restore the structure and arch.

“We don’t have many buildings with heritage value on the mainland so we need to go all out to preserve these buildings.

“This greedy developer should be taught a lesson. The council has taken legal action against the developer before and I will ask them to do it again,” he said when contacted yesterday.

It was reported on Monday that a developer had demolished part of the 76-year-old Prai market despite a stop-work order being issued. The developer had gone against the council’s orders for a second time.

Dr Ramasamy was earlier quoted as saying that although the company managed to obtain vacant possession from the court in June last year, it still needed the council’s approval to carry out demolition work.

He said the state had identified the buildings surrounding the Prai market with heritage value, although it had not been gazetted yet.

A check by The Star showed that the arch at the market entrance with the year ‘1938’ on it was also torn down.

Meanwhile, a reader said it was disgraceful to read about the demolition by a developer who could not be bothered about heritage.

Sanjay C.S. said back in the early 70s, his mother used to cycle from their house in Jalan Baru to the market.

“And today, it resembles as if earthquake had struck there.

“In Nepal, their heritage was ruined by nature, but here, it was selfishly destroyed by human greed.

“The nonchalant developer should be heavily punished!” he said, adding that the state needed to protect its heritage buildings outside George Town as well. - By Tan Sin Chow The Star/Asia News Network

Destroyed despite MPSP's order - Prai market torn down, Penang govt wants action against developer

Destroyed: Workers demolishing the Prai market in Butterworth and (inset) the arch before it was torn down.

BUTTERWORTH: A developer has demolished part of the 76-year-old Prai market despite a stop-work order and the state government wants action taken against the firm.

What’s worse, the developer had gone against the Seberang Prai Municipal Council’s (MPSP) orders for a second time.

Deputy Chief Minister (II) Dr P. Ramasamy said the company managed to obtain vacant possession from the court in June last year but it still needed the council’s approval to carry out demolition work.

“I’ve instructed the council to take legal action against the company. The state government gazetted the buildings surrounding the Prai market, which have been identified as a building with heritage value.

“The workers moved in on Saturday morning and started to demolish the buildings during heavy rain when no one was around.

“This is the second time they’ve done this. They demolished three buildings the first time, and now four buildings,” he said yesterday.

Dr Ramasamy, who is also Prai assemblyman, said 50% of the compensation had been paid to the occupants and the rest would be paid when they move out.

“I would like to remind the company not to touch the Prai market as the council has listed it as a building with heritage value.”

Barber M. Thirunavakkarassu, 61, said he received a call from a friend at about 8am telling him that his shop was being demolished.

“I quickly rushed to my shop but it was too late. Someone could have gotten hurt as the electric supply was not disconnected,” he said.

A check by The Star showed that the arch at the market entrance with the year “1938’ on it was also torn down. MPSP president Datuk Maimunah Mohd Sharif said they would prepare the necessary documents so that the landowner-cum-developer could be charged in court for tearing down the buildings.

“This is the second time the developer had committed the offence without obtaining approval from us.

“The Town and Country Planning Act 1976 states that a planning approval is needed before a building is demolished,” she said at the council building in Bandar Perda, Bukit Mertajam.
- By M. SIVANANTHA SHARMA and CHRISTOPHER The Star/Asia News Network

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Malaysian law firms urged to embrace technology

GESTURE OF APPRECIATION: Liew (left) accepting a souvenier from Ng

at the Legal Technology Exhibition and Forum 2012.

KUALA LUMPUR: Malaysian law firms must adopt technology solutions to better manage and serve their clients, or risk being left out.

"It is timely for local firms to tap into the benefits technology can offer the legal profession," said Datuk Liew Vui Keong, Deputy Minister in the Prime Minister's Department.

"While it would be a costly exercise initially, it will certainly be worth it in the long run," he said.

Liew was speaking at the launch of LegalTech Forum 2012, a two-day conference and exhibition on the use of technology in legal processes and proceedings, hosted at the Putra World Trade Centre.

The case for technology upgrades has become particularly pressing with the recent passing of the Legal Profession (Amendment) Bill 2012 by the Dewan Rakyat, which aims to liberalise the legal profession and build Malaysia into an international Islamic financial hub.

This means foreign law firms will soon be allowed to open offices here and foreign lawyers can practice in the country, increasing the level of competition for Malaysian lawyers and law firms.

Liew pointed out that when international law firms start setting up offices here, they will bring not just their expertise, but technology as well. "This is why local firms must ensure that they are able to collaborate and compete with these new players," he said.

He said the courts here have already moved to adopt technology solutions, giving the implementation of the court e-filing system in March 2011 as an example.

Change is in the air
 
The overall environment of the legal industry and mindset of its practitioners is one of comfort, some pundits believe.

"For too long the legal industry has been comfortable in doing things the same way, (so much so) that many don't see the need to innovate," said Joycelyn Ng, managing director of event organiser JFPS Group Malaysia.

But the tide is changing, she said, as demonstrated by the bulk of queries about the LegalTech Forum coming from local firms and practitioners.

"Many of our exhibitors, including Konica Minolta and ServTouch, were delighted at the opportunity to showcase their solutions, specifically to legal practitioners, because there has been no platform for them to do so previously," Ng said.

She shared that the field of data management has been of particular significance. "This technology is especially important for the smaller law firms, which are less familiar with such systems and rely heavily on staff hired solely for maintaining a manual system for storing and tracking documents," she said.

"The need to retain such staff with knowledge on how your company's entire data management system works can turn out to be a costlier exercise than digitising the whole process," she added.

According to her, the inaugural LegalTech event has had much positive response, with global vendors and regional buyers expected to complete transactions worth more than US$20mil (RM60mil) on the premises before it ends on June 15.

Thirty-two exhibitors are showcasing their solutions at the event, and so far some 2,500 visitors have passed through its doors.

By GABEY GOH  bytz@thestar.com.my

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Ethics vital for lawyers! Force to sign documents & hit client?

‘Violent lawyer’ may face action

PETALING JAYA: The Bar Council is looking at issuing a show-cause letter to the lawyer who was caught on video pushing and kicking a client.

Bar Council president Lim Chee Wee said that if there was a cause for further action, the lawyer would be referred to the Disciplinary Board.

“The Board (which is independent of the Bar Council) will decide whether to convene a disciplinary committee to investigate further or deal with the matter summarily.

“If convicted, the lawyer can face reprimand, fine, suspension, or be struck off the roll,” he said.

He said this in response to a 9.03-minute video clip on a “hooligan lawyer” that has gone viral.



The video showed two men, believed to be a lawyer and a house buyer, arguing in the presence of three others in an empty house on June 19.

The argument started when the house buyer refused to acknowledge receipt of several documents handed to him by the lawyer.

The lawyer, Tan Hui Chuan, who is a former Selayang municipal councillor, said it was not fair to pre-judge him.

“I am only human. The client bombarded me with hurtful and disrespectful words over and over again.

“I am 58 years old and about to retire. I never had any disciplinary issues before. As all can see, I only pushed him away from me, to make him stop.

“But he went on and on. I raised my hands several times as a sign of surrender but he kept pestering me.

“And yes, I kicked him once. But it was a soft kick,” he said.- The Star

Sources:

http://www.malaysianbar.org.my/

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Ethics vital for lawyers! Force to sign documents & hit client?

I REFER to the YouTube clip (http://www.youtube.com/watch?v=pXGuSf_YARM&sns=fb) showing a lawyer forcing a client to sign documents without reading the contents, shouting at the client, shoving him and kicking him. (See below: Lawyer who hit client claims self-defence)



Any person who encounters poor legal services or suffers detriment has the right to seek remedy.

In Malaysia, action against lawyers lies in the hands of the Disciplinary Board set up under the Legal Profession Act 1976. The Disciplinary Board is independent of the Bar Council, consists of senior lawyers, and is chaired by a judge of the Court of Appeal. It deals with all complaints against lawyers.

The Bar Council is only empowered to deal with cases of misconduct involving dishonesty, which includes cases of cheating and the misappropriation of funds. If the Bar Council receives a complaint involving dishonesty, it can apply for a court injunction to stop the lawyer concerned from practising pending investigations into his case, or apply to the Disciplinary Board for an order of suspension pending such investigations. The Bar Council will also lodge a police report in respect of the complaint if the complainant has not already done so.

The Bar Council regulates the legal profession in this country and it can deny any application to join the profession – based on the “good character” requirement. The meaning of “good character” can be a little bit hazy, but it’s been described as having a strong moral fibre, a belief the law must be upheld, and an appreciation of the difference between right and wrong.

As a regulating body, the Bar Council polices the conduct of lawyers, and disciplines members not only for unethical actions, but also rude or overly aggressive behaviour. Anyone found guilty of professional misconduct shall face suspension.

At university, legal ethics should be viewed as a major subject, to provide students with a thorough grounding of the proper spirit in which lawyers should practise. Honesty should be a crucial part of a lawyer’s education. By the time students begin pupillage, they should already have a good grasp of what makes a good lawyer. This should include knowledge on how to handle clients’ money ethically and the manner in which they are to deal with other lawyers and the courts. Such education should imbue a correct and broad mindset in students and guide them during their pupillage, as they begin to apply the legal knowledge they have acquired in theory to real-life cases.

A word to all legal professionals in Malaysia: respect your clients, the profession, the country and the public interest. Law is an imperfect profession in which success can rarely be achieved without some sacrifice of principle. But we can strive to make it a notable profession that people can respect in this country.

JACK WONG KIN TUNG
Law lecturer, Ipoh

Lawyer who hit client claims self-defence

By SIRA HABIBU  sira@thestar.com.my

http://www.malaysianbar.org.my/

PETALING JAYA: A video clip of a house buyer being pushed and kicked by a lawyer has gone viral but the purported attacker says he did it in self-defence after being provoked.

Lawyer Tan Hui Chuan, who was a Selayang municipal councillor until recently, said the house buyer had uttered “hurtful and disrespectful words”.

“I just wanted him to get away from me because he was provoking me, so I pushed him. But I did not punch, scratch or slap him. Yes, I kicked him. But I did not kick to injure him. It was a soft kick,'' he said when contacted yesterday.

The nine-minute video clip shows two men arguing in the presence of three others in an empty house. At one point, one of the men, who is apparently infuriated, pushes the other man and kicks him once. He shoves him several times later.

Gone viral: A still from the video grab purportedly showing the attack.

 

The footage, recorded by a woman who came with the house buyer, was posted on YouTube on June 21, two days after the alleged incident.

The house buyer claimed he was upset that the lawyer “forced” him to sign some documents without giving him time to verify them first.

However, the lawyer said he merely asked his client to sign the acknowledgment of receipt of several documents that had been tendered to the bank.

“It was neither an agreement nor a contract as all transactions had been completed a week earlier. The client has already taken possession of the property,'' he said.

Tan said his client went to his firm several days later and signed the acknowledgement of receipt.
“And the video was released after that,'' he said.

The lawyer felt that the house buyer had tarnished his reputation by releasing the video.

Bar Council president Lim Chee Wee said victims of physical assault could sue for damages, adding that the house buyer could lodge a police report as well.

“No amount of provocation should attract (any form of) physical assault,'' he said.

He also said that in cases of misconduct involving lawyers, the people could lodge a complaint with the council's disciplinary board.

Theng Book offers to mediate

The Star June 10 2012

PETALING JAYA: Selangor MCA Public Services and Complaints Department chief Datuk Theng Book has offered to mediate in the controversy involving a lawyer who is alleged to have assaulted a housebuyer.

He, however, urged lawyer Tan Hui Chuan to apologise to Neo Kian Hua within a week.

“Failing which, Neo can take the necessary action if he wants to,’’ Theng Book told a press conference at the Selangor MCA office here yesterday in the presence of Neo.

The alleged assault happened on June 19 after Tan summoned Neo to the house he had purchased to sign some documents.

A video clip showing an enraged Tan pushing and kicking Neo posted on YouTube went viral.

Tan, who was a Selayang municipal councillor until recently, had clarified that Neo had uttered “hurtful and disrespectful words” and that he had acted after being provoked.

The lawyer also claimed that he had merely asked Neo to sign to acknowledge the receipt of several documents that had been tendered to the bank.

Neo, a 32-year-old IT consultant, said yesterday that he had never met Tan prior to the incident as he had only dealt with his assistant.

“I also felt strange as to why he was calling for a meeting at the house and not his office,’’ said Neo, who added that he decided to get his girlfriend who accompanied him to the meeting to record it.

Neo claimed that Tan lost his cool after he (Neo) began reading through the documents before signing them.

“As I continued to read the documents, Tan grabbed them from me and told me to go to his office to do the signing,’’ he further claimed.

Theng Book advised all housebuyers and vendors to appoint their own lawyers to protect their interests.

“Banks should not recommend lawyers to vendors and buyers,’’ he said.

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Court strikes out Manoharan’s application for time extension

PUTRAJAYA: Lawyer M. Manoharan has been ordered by the Court of Appeal here to stand trial over his RM3.9mil claim in legal and consultation fees for allegedly acting for two landowners.

The panel of judges unanimously striked out Manoharan’s application for an extension of time to appeal against an earlier Kuala Lumpur High Court decision to set aside a judgment-in-default (JID) awarding him the RM3.9mil.

Ordering Manoharan to pay RM15,000 in costs, the three-man panel, led by Justice Hishammudin Mohd Yunus, also fixed Sept 20 to 21 for a full trial at the Kuala Lumpur High Court.

Also on the panel were Justices Anantham Kasinather and Lim Yee Lan.

Manoharan had filed the appeal against the High Court’s decision on May 17. However, the deadline for appeal was April 9.

In applying for an extension of time, he had claimed that he had been delayed in filing due to his case load, adding that he had put his clients’ interests above his own.

However, lawyer Mansheel Kaur, who represented the landowners, argued that “lawyers should not say that they were simply too busy to file their own appeal”.

In his lawsuit filed on Dec 22 last year, Manoharan had said that he was appointed by the landowners to advise them on land deals. He subsequently obtained the default judgment from the High Court against the two landowners.

However, the landowners – medical centre Imran ENT Specialist Sdn Bhd and its director Aminah Sirajudin – succeeded in their application to set aside the judgment on March 9.

By QISHIN TARIQ qishin.tariq@thestar.com.my
http://www.malaysianbar.org.my/legal/general_news/court_strikes_out_manoharans_application_for_time_extension.html

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