Lawyer and MP Christopher de Souza discovered responsible {of professional} misconduct over shoppers’ suppression of proof

SINGAPORE – Lawyer Christopher de Souza has been discovered responsible {of professional} misconduct by a disciplinary tribunal.

Mr de Souza, who’s the present deputy speaker of Parliament and MP for Holland–Bukit Timah GRC , was discovered responsible of a cost referring to his conduct whereas he was performing for his shoppers, Amber Compounding Pharmacy and Amber Laboratories.

The tribunal discovered that Mr de Souza had not made full and frank disclosure to the court docket when he was conscious that his consumer had breached the situations of a search order.

In reality, he helped his consumer put together and file an affidavit that didn’t exhibit sure paperwork which might have revealed that Amber had breached its endeavor.

The case centred round Amber acquiring sure paperwork via a search order in 2018. It used a few of these to make stories to sure investigative companies.

This breached its endeavor to not use the paperwork with out additional order.

All this occurred earlier than Mr de Souza and his agency Lee & Lee took over the matter. He subsequently grew to become conscious of the breaches dedicated by Amber.

Regardless of this, he helped a consultant of Amber, Mr Samuel Sudesh Thaddaeus, file an affidavit on Jan 28, 2019, which didn’t reveal the breaches.

“The crux of the matter is what the respondent ought to have accomplished upon discovery of using the paperwork and data by Amber, and particularly whether or not he ought to have knowledgeable the court docket and opposing counsel of the breach of the undertakings,” stated the disciplinary tribunal.

In its report revealed on Monday, the two-member tribunal, comprising Senior Counsel N. Sreenivasan and Mr Pradeep Pillai, stated Mr de Souza knew there was an obligation to reveal the prior use of the paperwork and data.

“We’re of the view that the failure to make such full and frank disclosure amounted to suppression of proof by Amber, and by submitting the supporting affidavit, the respondent was a celebration to and assisted in such suppression,” stated the tribunal.

The tribunal discovered there was reason for ample gravity for Mr de Souza to face disciplinary sanction earlier than the Court docket of Three Judges on one of many 5 fees introduced towards him by the Regulation Society. The tribunal dismissed the opposite 4 fees.

The Court docket of Three Judges, which is the very best disciplinary physique for the authorized career, has the ability to droop or disbar attorneys.

Contacted for remark, Mr de Souza’s attorneys from WongPartnership stated: “There isn’t a query that Mr de Souza had acted with utmost integrity within the conduct of this matter always. 4 of the 5 fees had been dismissed.

“As regards the remaining cost, it is a matter now earlier than the Court docket of three Judges and it isn’t acceptable for us to touch upon the deserves at this juncture. Suffice to say that we’ll strenuously resist it and argue that it too must be dismissed.”

The disciplinary proceedings arose from a letter dated Sept 9, 2020, issued on behalf of the Court docket of Enchantment, by the deputy registrar of the Supreme Court docket, to the Regulation Society of Singapore.

The criticism associated to the conduct of Mr de Souza, a associate at regulation agency Lee & Lee, whereas performing for Amber Compounding Pharmacy and Amber Laboratories in a Excessive Court docket go well with filed in 2018.

The criticism was referred to an unbiased inquiry committee, which was convened on Jan 13, 2021.

The inquiry committee discovered that Mr de Souza had breached his paramount obligation to the court docket, which can be deemed misconduct below the Authorized Occupation Act, and really useful that he be fined $2,000.

The committee didn’t type the view {that a} formal investigation by a disciplinary tribunal was vital.

The Regulation Society council disagreed with the findings of the inquiry committee and utilized on Nov 5, 2021 to Chief Justice Sundaresh Menon for the appointment of a disciplinary tribunal.

This tribunal was appointed by the Chief Justice to listen to and examine the matter on Nov 19, 2021.

Over 5 days between April 6 and April 12, 2022, the tribunal heard oral testimony. Closing submissions had been made on Aug 29.

The tribunal discovered ample trigger in solely one of many 5 fees that The Regulation Society introduced towards Mr de Souza.

The tribunal accepted that Mr de Souza had tried to influence the consumer to make full disclosure. However the lawyer’s personal failure to make such disclosure was not exculpated by the conduct of the consumer, it stated.

“We respect that it’s hardest for a authorized practitioner to do his obligation when the consumer is troublesome; however it’s in such circumstances that the authorized practitioner should cleave to his or her duties to the court docket.”