Justice Hanipah Farikullah said she did not find any ground to interfere with the decision of the DB.
Today’s ruling was made in chambers after she heard submissions from lawyers appearing for the council and Abraham.
Lawyer Lai Chee Hoe, who appeared with Bastian Vendargon for the Bar Council, said the judge declined costs to Abraham.
“His lawyer (Rishwant Singh) asked for costs, but it was disallowed. The judge said the Bar Council was only doing its duty,” Lai said, adding he will await instructions whether to appeal the matter to the Court of Appeal.
The Bar Council filed the appeal in May, seeking to set aside the DB’s decision, and an order that the respondent be found liable for misconduct under Section 94(3) of the Legal Profession Act 1976.
It claimed that the DB had erred in law in affirming the finding and recommendation of the Disciplinary Committee (DC).
In March, the DB had affirmed the DC’s finding and recommendation, which found there was no cause for disciplinary action against the senior lawyer.
A complaint was filed against him for misconduct for drafting a second SD by Balasubramaniam, who was a prosecution witness in the murder trail of Mongolian national Altantuya Shaariibuu.
On July 4, 2008, Balasubramaniam, better known as P I Bala, signed a second SD, retracting the entire contents of his first SD, alleging that he was compelled to sign the first SD under duress.
The first SD was in relation to Altantuya’s murder trial at the Shah Alam High Court.