By Dorcas Ting
KUCHING, May 10: The High Court here dismissed the originating summons filed by Parti Bumi Kenyalang (PBK) president Voon Lee Shan to set aside Chief Justice of Sabah and Sarawak (CJSS) Datuk Abang Iskandar Abang Hashim’s order to admit former CJSS David Wong Dak Wah as an advocate in Sarawak.
High Court Judge Azhahari Kamal Ramli found there was no merit in the said originating summons and dismissed it with a cost of RM5,000.
On April 5, Voon filed his originating summons in the Kuching High Court to seek the Court to declare that the order of the Kuching High Court handed down on 15th September 2020 that the defendant be exempted from pupillage or reading in chambers is illegal, null and void and that it be set aside; declare that the order of the Kuching High Court handed down on February 2, 2021 that the defendant be admitted as an advocate of the High Court of Sabah and Sarawak in the State of Sarawak is illegal, null and void and that it be set aside; and declare the order of the Kuching High Court handed down on February 2, 2021 that the defendant’s name be enrolled on the Roll of Advocates in Sarawak is illegal, null and void and that it be set aside.
Both former Chief Justice of Malaysia Tan Sri Richard Malanjum and Wong are Sabahans and had applied to be members of the Sarawak Bar in 2020.
Malanjum retired in April 2019, and Wong retired in February 2020.
On Sept 15, 2020, CJSS Datuk Abang Iskandar Abang Hashim ruled Malanjum be allowed to be a member of the Sarawak Bar and allowed Wong’s application on February 2, 2021.
On August 26, PBK’s Voon had applied to intervene, citing the need to safeguard Sarawak lawyers’ interest and to ensure that lawyers from outside Sarawak will be blocked from practising in the State as the interest of practising lawyers in Sarawak as provided by the Federal Constitution should be based on the spirit of the Malaysia Agreement 1963 (MA63).
On Sept 15, 2020, Abang Iskandar ruled Malanjum to be allowed as a member of the Sarawak Bar as he was satisfied that Malanjum is a fit and a proper person to be a member of the Sarawak Bar.
Wong was allowed to be a member of the Sarawak Bar on February 2, 2021.
Voon then filed an application in the High Court to set aside the order of advocate admission under the Sarawak Advocates Ordinance 1953 for both Malanjum and Wong.
Malanjum and Wong were represented by Chong Siew Chiang, Tan Kee Heng and Michael Kong whereas Voon was represented by Lim Heng Choo and RJ Noel.
On April 12, High Court Judicial Commissioner Alexander Siew dismissed the original summons filed by Voon to set aside the order made by Abang Iskandar’s order to admit Malanjum as an advocate in Sarawak with costs of RM10,000. — DayakDaily