Firm loses bid to review bar stopping lawyers claiming fees from seized money

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PUTRAJAYA: A law firm has lost its bid to review the decision of an earlier Federal Court panel that lawyers cannot claim legal fees owed to it from monies seized under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUA).

Messrs Wan Shahrizal, Hari & Co’s review application was dismissed by a three-member panel of the Federal Court comprising Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah and Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Harmindar Singh Dhaliwal.

Justice Mohamad Zabidin said the court found that the majority judgment by Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli and Federal Court judge Datuk Seri Hasnah Mohamed Hashim cannot be said to be unjust. In urging the court to set aside the majority judgment and for an order for the appeal to be reheard, the firm’s lawyer Datuk Hisyam Teh Poh Teik said paragraph 28 in the majority judgment was a speculation by the judges and was unjust as the judges suggested that the law firm had engaged in an unethical conduct to simply produce the bills for the legal services that it rendered to its client.

Mohd Dusuki, representing the Attorney General’s Chambers, said the paragraph in the majority judgment was merely a passing comment made by the judges in regard to their worries if the claim was allowed. The 2016 investigation revealed that Amar possessed a computer software which enabled access to the Malaysian Immigration System without the need for a password or finger print. Amar had then provided the software to a syndicate which used it to unlawfully approve the permits for foreign workers for a fees of RM1,000 for every approval.

 

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