Parti Liyani looking to take disciplinary action against AGC prosecutors for misconduct

A long process.

Belmont Lay | September 23, 2020, 04:16 PM

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Foreign domestic helper Parti Liyani has started proceedings to take action against two deputy public prosecutors from the Attorney-General's Chambers (AGC) who were trying to get her convicted and put away in jail.

CNA reported that the Indonesian ex-helper of businessman Liew Mun Leong has gone to court with her lawyer Anil Balchandani to open disciplinary proceedings against two prosecutors in her case.

Who are the DPPs?

The two deputy public prosecutors who dealt with Parti's trial are Tan Wee Hao and Tan Yanying.

The duo are now represented by three AGC's lawyers.

This development could lead to the two DPPs involved in the trial being investigated for any misconduct.

However, the process of investigating the DPPs for misconduct is not straightforward.

Proceedings just started, long way to go

According to CNA's reporting, to even have the DPPs found guilty of misconduct would require triggering several stages of a likely long-drawn process for one development to lead to another.

To initiate disciplinary proceedings via civil action against the two AGC DPPs, who are legal service officers, Balchandani attended a pre-trial conference in the High Court on Sep. 23 against AGC representatives.

This hearing was for an originating summons under Section 82A of the Legal Profession Act.

Affidavits filed to support the case is heard before registrars or judges.

And this is the beginning of the process.

Next step into investigations

Next, the Chief Justice has to grant Parti leave for an investigation to be made into the complaint of misconduct.

A tribunal may then be assembled to investigate the complaint.

The tribunal, if it hears the case and investigates the complaint, will submit its findings to the Chief Justice.

The Chief Justice is at liberty to strike down the complaint if he finds there are no grounds for punishment.

Section 82A is concerned with misconduct by legal service officers or non-practising solicitors.

Punishment could be severe

If the legal service officer is guilty of misconduct befitting the post as an advocate and solicitor, he or she could be punished.

This process is long-drawn as the punishments meted out is considered severe.

Being found guilty could lead to being struck off the roll, and fined up to S$20,000, or any other punishments that a disciplinary tribunal deems fit.

The process could be discontinued if due cause with proof that the legal service officer is guilty of misconduct is not shown.

Background

Parti was acquitted fully on Sep. 8 by the High Court of stealing S$34,000 worth of items from former Changi Airport Group chairman Liew.

In Justice Chan Seng Onn's judgment on her acquittal, overturning her conviction in a lower court, he remarked that the prosecution had introduced evidence that was "particularly prejudicial to Ms Parti", as he outlined several issues with the conviction findings and how the case was handled.

A review of Parti's case is ongoing, with the AGC, police and Ministry of Manpower involved in different capacities.

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Top photo by Mathhias Ang