April 2007


ANALYSIS. As early as January 29, WALK WITH US went to town ahead of others with news about the vanquished exit of Cecil Abraham from Messrs. Shearn Delamore.

The news is now proven true by The Straits Times of Singapore, dated 14 April 2007.

This is what we wrote about three months ago, asking you not to trust us then, but we assured you “time will be the better judge for truth”.

Cecil Abraham, 59, who is lead counsel for NSTP et.al. (in the defamation suits against bloggers Rocky and Jeff Ooi), has recently resigned from Shearn Delamore after his proposal to merge the legal firm with another medium-size law firm was rejected by the junior partners.

Cecil has a brother, Wilfred, as a senior partner in Zul Rafique & Partners. Rumour is rife that Cecil may take the NSTP defamation cases against bloggers to his new law firm, along with his son Sunil and legal assistant Rishwant Singh.

Don’t trust us 100% for now. Time will be the better judge for truth.

And truth dawned us. This is what Straits Times’ KL correspondent Leslie Lopez wrote:

Datuk Abraham, who is widely regarded as one of the country’s top litigation lawyers, caused a stir in Kuala Lumpur’s clubby legal fraternity when he resigned from Shearn Delamore three months ago as a result of differences with his other partners over the firm’s direction.

His break with the firm that he had been attached to for over three decades prompted speculation that his departure could presage more resignations from the law practice and the loss of several large clients.

According to lawyers close to the situation, Shearn Delamore has not suffered any haemorrhage in business or personnel since Datuk Abraham, 60, submitted his resignation.

According to several senior lawyers, Datuk Abraham (who leaves the firm at the end of July) is expected to join Zul Rafique and Partners.

Isn’t it about time Cecil Abraham looked at his expiry date as a money-earner lawyer, the byname for legal vultures? Only fools like Kalimullah will get him fight the bloggers on the Internet-related case!

How wishful too, if Cecil had thought that by currying flavour with Kalimullah could help him land more government-related work!

If you read Leslie Lopez, who quoted several senior lawyers, after joining Zul Rafique and Partners, Cecil Abraham could violate a ‘restraint of trade’ clause in the partnership agreement with Shearn Delamore, which restricts him from practising within the Kuala Lumpur geographical area for two years.

And NSTP’s suits against Rocky and Jeff Ooi are being heard in the Kuala Lumpur High Court!
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ANALYSIS.

wwu_cecilabraham.jpgCecil Abraham, the beyond-expiry-date lawyer who still thinks he is a Godsend to Malaysian legal practice, has replaced the Irish as the butt of jokes for lawyers who drink across the streets of Shearn Delamore’s drinking hole.

His copy-and-paste LA has now given him a copy-and-paste headache, big headache.

You see, Rishwant Singh, the legal assistant (LA) who enjoys being praised as a meticulous hawk for his research and case preparation, must have been consumed totally by the accolades. He did a copy-and-paste for two sets of Statements of Claims against bloggers Rocky and Jeff Ooi, respectively. The first set was dismissed by the defense counsel as FATALLY DEFICIENT.

Shearn Delamore, for all the salt it’s worth, could have just stuck to their gun and shifted no commas nor periods.

No, the Singh re-worked and filed an amended Statement of Claims against the two bloggers. Again, COPY-AND-PASTE! See our blogs of 02/03 and 25/02.

The next moment, Cecil A. is deservedly reduced to his usual theatrics as being a Big Bully, famous in-court and infamous off-court. You must see how sullied his face was when he didn’t get what he wanted in Court when Judge Hishamuddin passed down his decision on April 2 in Rocky’s case!

And hear thee! Here comes the double blows, a copy-and-paste headache for Shearn Delamore.

Recently, the Defense lawyers have applied to consolidate both cases under one Judge – thanks to the Singh who had the two cases made interlocutory.

This own-goal was illustrated by the Singh in Paragraph 33 of the AMENDED claims against Rocky, and Paragraph 24 (Page 103 onwards) of the AMENDED claims against Jeff.

Put it this way, the Singh has cleverly offered Defense counsels the best ground for Jeff to merge the two cases, while Shearn could still continue to bill The NSTP and its shareholders for the wonderful “services” delivered!

Kalimullah wouldn’t mind because it’s not his money he is burning away. Would he?

WHAT WOULD PROBABLY HAPPEN NEXT?

Be that as it may, all that would have been a normalcy in the Court had it not been Rocky’s case that had moved full-steam ahead!

Rocky has withdrawn his striking out application, and he appeared ready to go full swing with his case, with the hearing proper starting on June 28. Our contacts in Malaysia said Rocky is drawn up his list of witnesses, and another list for subpoena. His written submissions are almost ready, too.

French wire agency AFP even quoted that Dr Mahathir appeared willing and ready to offer himself to testify as witness in the trial.
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