Say No To Hudud

Wednesday, November 2, 2011

Shearn Delamore's Rabindra Nathan lies in open court and gets away with it: PwC Malaysia Senior Partners heave a sigh of relief

On 11th August 2011, before Judicial Commissioner Vazeer Alam Mydin Meera, PwC Malaysia's lead counsel Rabindra Nathan sought to introduce an additional bundle of documents.

Cambridge educated Rabindra Nathan
Judicial Commissioner Vazeer Alam did not grant leave for the contempt application.

The clearest sign of contempt is Shearn Delamore's Rabindra Nathan standing at the bar and giving evidence from each document, in full detail, and giving a counsel's undertaking to file an affidavit, with or without a formal application, and saying that :

his instructions were that these documents were discovered
in a safe after six (6) years on the 9th of August 2011.

Rabindra said that
i) the existence of these documents were simply forgotten
ii) these documents were extremely relevant and material to the case
iii) with or without a formal application, his clients will file an affidavit
to introduce these documents.

Rabindra Nathan never fulfilled the undertaking, and has the audacity to say that he misconstrued his client's instructions to the extent that an affidavit cannot be filed, even though his client's were all there in court when he went in detail about the documents and gave his counsel's undertaking to file the affidavit.

Johan Raslan and Chin Kwai Fatt have gotten away with it also.
Dear Malaysians, had Shearn Delamore's Rabindra Nathan come to court in Hong Kong, Singapore, Australia or the United Kingdom, and without batting an eyelid said that he had misconstrued his clients instructions to the point he cannot file an affidavit, would he have gotten away with it? 

Legal pundits, not only in Malaysia but in other Commonwealth countries, when asked about the matter, all said that it is a clear cut case of contempt of court.

In his heart Rabindra feels guilty because he knows he did something very wrong, and got away with it.

This is Malaysia in 2011, where a top lawyer can lie in open court and get away with it. Hopefully Dato Seri Najib will take all this into consideration as he draws up the reform agenda for the country.

Dato Seri Najib, we hope you will take all this into consideration  while reforming the country

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