PETALING JAYA: The High Court in Kuala Terengganu has dismissed a former employer’s objection to a law graduate’s admission to the Malaysian Bar, ruling that the objection is procedurally invalid and the allegations do not establish that she lacks the good character required to practise law.
Justice Yusrin Faidz Yusoff said the former employer, identified as B, failed to file a formal caveat or comply with the procedures under the Legal Profession Act 1976.
B, an advocate and solicitor, emailed the Malaysian Bar a day before the hearing, attaching screenshots of Instagram posts allegedly made by the petitioner between August and September.
In the posts, she purportedly complained about her workload, treatment at the firm and work-related travel, and indicated her intention to resign.
B claimed the statements were untrue and defamatory, had damaged the firm’s reputation and could discourage young lawyers from joining it. She also said she might initiate defamation proceedings.
However, the attorney-general, Malaysian Bar and Terengganu Bar committee raised no objection to the petition.
Yusrin said Sections 16 and 17 of the Legal Profession Act 1976 provide distinct procedures for objections, including the filing of a caveat by a private individual.
"Her email to the Malaysian Bar on the eve of the hearing, notwithstanding the accompanying screenshots of Instagram posts, did not constitute a formal objection under Section 16 or a caveat under Section 17," he said.
The judge also criticised the attempt to raise the matter during the admission hearing, saying it should not be used to pursue private grievances.
"The courtroom is not a forum for the ventilation of personal disputes, nor is the admission process a lever by which a former employer may compel an apology," he said in his 14-page judgment.
Yusrin added that the allegations, even if true, were insufficient to disqualify the petitioner, identified as A, from entering the profession.
"The ‘good character’ standard in admission petitions focuses on whether the petitioner is fit to practise law," he said.
Yusrin ruled that the petitioner satisfied the statutory character requirement and had completed her pupillage in accordance with the Act.
He allowed the petition and ordered the registrar to register her as an advocate and solicitor of the High Court of Malaya.