KUALA LUMPUR – The sessions court here today sentenced two lawyers and their client to seven days in jail for contempt of court after filing an unsigned witness statement for a civil suit trial in 2020.
Judge Halilah Suboh sentenced lawyers Mark Robin Tallala and G. Mahadeva, as well as their client Jagmohan Singh Sandhu, today, following the Court of Appeal’s decision that sent the case back to sessions court after finding the trio guilty of contempt in October last year.
She said previously that the trio’s lawyer, Datuk Harpal Singh Grewal, had submitted to the court, where he applied for the court to let them off with a warning and a public apology as they did not have the intention to insult the court.
He also submitted that a jail term for his clients would be unreasonable and that they were ready to make a public apology.
However, Halilah found that the issue regarding their intent in committing the said contempt has been decided by the Court of Appeal and that, therefore, there is no reason for her to hear the issue raised.
“The court found that the respondents (the trio) do have ill intent and have insulted the court with the unsigned witness statement.
“As the officers of the court, we all have the responsibility to not mislead the court by presenting dishonest evidence or statements.
“Each of us bears a responsibility to fulfil our respective duties and roles, guided by the principles of law and justice.
“As a lawyer, ensuring justice extends not only to our clients but also to the public and the court. This duty applies equally to respondents as advocates and solicitors.
“In this instance, the witness statement was knowingly and intentionally filed with dishonesty. The respondents were aware that the statement submitted did not reflect the actual testimony, thus deliberately misleading the court,” she added.
She also said that had the matter been overlooked and not revealed before the civil suit trial began, the witness statement would have been utilised during the trial.
She said that such an oversight would undoubtedly undermine justice in the case, adding that the trio should have issued their apology during the initial stages of the committal hearing against them.
“The court thinks that a jail term is appropriate and reasonable.
“Punishment in the form of a fine is not appropriate (in this case) as it would not reflect the seriousness of the offence.
“After examining both parties’ submissions, the court hereby sentenced the trio to a seven-day prison sentence starting today,” she said.
The trio’s lawyer requested a stay of their prison sentence execution, pending the filing of an appeal notice at the high court against today’s decision.
Halilah granted Harpal’s request after lawyer Bhavanash Sharma did not object. Bhavanash is also the applicant in the contempt proceeding against the trio.
The case revolves around the contempt committed by the trio, involving David Allen Martinez, a witness in a civil suit in 2020.
Tallala and Mahadeva filed Martinez’s unsigned witness statement on February 8, prior to the civil suit’s trial.
The trio had prepared the witness statement without ever consulting or meeting Martinez.
Martinez then filed an affidavit on March 3 of the same year, denying every answer in the contented witness statement.
He also averred that he had neither communicated nor met with the lawyers before the filing of the statement.
On September 23, Martinez testified in court during the contempt proceeding, saying that the statement was filed without his consent or knowledge. – April 2, 2024