Australian legal profession governing bodies failure to address "College Of Law Asia" issues in Malaysia, ASEAN have led to an escalating investigation by the relevant authorities in Malaysia into the College's business in Asia; recent revelations by Malaysia's former AG expected to escalate matters further

 by Ganesh Sahathevan

Chris Leong, Past President, Bar Council of Malaysia, Tan Sri Datuk Seri Panglima Richard Malanjum, Chief Justice of the Federal Court, Malaysia, Arthur Moses SC, President, Law Council of Australia, Elizabeth Espinosa, President, Law Society of New South Wales, Datuk Seri Panglima David Wong Dak Wah, Chief Judge of The High Court of Sabah and Sarawak, and Andrew Goledzinowski AM, Australian High Commissioner in Malaysia at the High Commissioner's residence in Kuala Lumppur. Moses was invited to give an address at the Australian High Commission.

The Law Council Australia has again, in marking the beginning of the Legal Year, chosen to lecture its South East and East Asian counterparts on proper conduct in the profession, rather than explain its failure, and the failure of other Australian legal oversight bodies to address the issue of the College Of Law Sydney's business dealings in Asia.

However, while the issues raised in the New Malaysia Times article below remain unanswered, the recently released memoirs of the previous Attorney General Of Malaysia Tommy Thomas , which throws much needed light on the state of Malaysia's legal system has the potential to reveal much that the Bar Council Malaysia and its business partners have chosen to keep secret.  This includes a curious email from the College to a person or persons in Malaysia. 

It has been previously reported by this writer  that there is an escalating investigation by the relevant authorities in Malaysia into the dealings of the Bar Council, which arose in part as a consequence of  the revelations in the New Malaysia story,  which has been reproduced below: 

Bar Council education ‘JV’ must be clarified

By Editor , in Scandal on July 19, 2019 . Tagged width: College of Law , Fareed Gafoor , Malaysian Bar

KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.

The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.

The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.

NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:

Dear Rajen,

We can’t remain silent on this.

Abdul Fareed Bin Abdul Gafoor

Sent from my iPad

It is understood that “Rajen” refers to  Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.

The Bar has remained silent for nearly 2 months since.

Key person suddenly retired during extensive query

The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.

It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.

Questionable advertising claims?

In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.

Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.

He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of  “gaps” that needed that to be addressed by external consultants.

As CEO of the College Carter  has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.

Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.

-NMT