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Summary of Disciplinary Committee Reports |
Summary of Disciplinary Committee Report
Pursuant to s 93(5) of the Legal Profession Act (Cap 161) (‘the Act’), the Council of the Law Society is required to publish the findings and determination of the Disciplinary Committee in The Singapore Law Gazette or in such other media as the Council may determine to adequately inform the public of the same.
This summary is published pursuant to the requirements of s 93(5) of the Act.
In the
Matter of Sivakolunthu Thirunavukarasu, an Advocate and Solicitor
1
The Disciplinary Committee (‘DC’) found Ms Sivakolunthu Thirunavukarasu (‘the
Respondent’) guilty of the three charges below and cause of sufficient gravity
for show cause action under s 83 of the Legal Profession Act against the
Respondent.
First Charge
That Sivakolunthu Thirunavukarasu was guilty of fraudulent and/or grossly improper conduct in the discharge of her professional duty within the meaning of s 83(2)(b) of the Legal Profession Act (Chapter 161) in that she on or about 5 April 2004, at the Singapore Land Authority, did fraudulently, and/or wilfully without authorisation by the registered proprietors and/or transferors thereof, register or caused to be registered, an instrument purporting to be a transfer of the property known as 23 Senang Crescent, in favour of inter alia, herself as transferee holding a share thereof, having knowledge that one or more of the purported signatures thereon of the proprietors Sim Chiang Lee, Sim Sien Tiong and Sim Ah Ban were not genuine, or were forged, or were obtained by her under false pretences.
Second Charge
That, Sivakolunthu Thirunavukarasu was guilty of fraudulent and/or grossly improper conduct in the discharge of her professional duty within the meaning of s 83(2)(b) of the Legal Profession Act (Chapter 161) in that she on or about 5 April 2004, at the Singapore Land Authority, did fraudulently, and/or wilfully without authorisation by the registered proprietors or the mortgagee thereof, register, or caused to be registered, an instrument purporting to be a mortgage of the property known as 23 Senang Crescent, in favour of Malayan Banking Berhad as mortgagee, to secure a loan for herself, as sole borrower, having knowledge that the purported signature thereon of the proprietor Sim Chiang Lee, was not genuine, or was forged, or was obtained by her under false pretences.
Third Charge
That, Sivakolunthu Thirunavukarasu was guilty of fraudulent and/or grossly improper conduct in the discharge of her professional duty within the meaning of s 83(2)(b) of the Legal Profession Act (Chapter 161) in that she, on or after 21 July 2003, did transfer, or use in breach of her clients’ instructions thereon, or for an unauthorised purpose, the sum of $13,106 which was paid and/or entrusted to her to pay Stamp Duty for the transfer of the share of one Sim Thiam Oh in four separate properties to her said clients.
2 The Respondent’s whereabouts have been unknown since 2004 and she did not appear before the Disciplinary Committee or the Court of Three Judges for the Show Cause proceedings after reasonable attempts to serve the necessary notice of proceedings at her last known address. The DC ordered dispensation of compliance with Rules 6 and 19 of the Legal Profession (Disciplinary Committee Proceedings) Rules (‘the DC Rules’) and granted the application for dispensation of service under Rule 21 of the DC Rules.
3 The Show Cause proceedings were heard on 29 March 2006 and the Respondent was struck off the Roll of Advocates and Solicitors.