Gnaguru v Law Society: Reinstatement to Roll of Advocates and Solicitors

Gnaguru s/o Thamboo Mylvaganam applied to the High Court of Singapore for reinstatement to the roll of advocates and solicitors, 13 years after being struck off for abetting a client in intentionally omitting to attend court. The Law Society of Singapore initially objected due to concerns about the applicant's rehabilitation but withdrew its objection after the applicant agreed to certain conditions. The Attorney-General also withdrew its initial objection. The court, comprising Andrew Phang Boon Leong JA, Tan Lee Meng J, and Tay Yong Kwang J, allowed the application, finding that the applicant had demonstrated sufficient rehabilitation and that reinstatement would not diminish public confidence in the legal profession.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application by Gnaguru for reinstatement to the roll of advocates and solicitors, 13 years after being struck off for abetting a client's offense. Application allowed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Law Society of SingaporeRespondentStatutory BoardNeutralNeutral
Gnaguru s/o Thamboo MylvaganamApplicantIndividualApplication AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJustice of the Court of AppealYes
Tan Lee MengJudgeNo
Tay Yong KwangJudgeNo

4. Counsels

Counsel NameOrganization
Lok Vi Ming SCRodyk & Davidson LLP
Koh Kia JengRodyk & Davidson LLP
Vergis S AbrahamDrew & Napier LLC
Clive Myint SoeDrew & Napier LLC

4. Facts

  1. The Applicant was struck off the Roll on 31 August 1994 after conviction under s 174 read with s 109 of the Penal Code.
  2. The Applicant instigated a client to obtain a medical certificate to excuse him from attending court.
  3. The Law Society commenced disciplinary proceedings against the Applicant.
  4. The Applicant's first application for reinstatement was dismissed in 2004.
  5. The Law Society initially objected to the present application but withdrew its objection after the Applicant agreed to certain conditions.
  6. The Attorney-General initially objected to the present application but withdrew its objection after the Applicant agreed to certain conditions.

5. Formal Citations

  1. Gnaguru s/o Thamboo Mylvaganam v Law Society of Singapore, OS 1573/2007, [2008] SGHC 34

6. Timeline

DateEvent
Applicant called as a barrister-at-law of England
Applicant admitted as an advocate and solicitor of the Supreme Court of Singapore
Applicant commenced his own legal practice under the name M/s Guru & Partners
Dr Ramaswami agreed to provide the Applicant’s clients with medical certificates excusing them from attending court even if they were not ill
Mr Teo sought an adjournment and obtained a medical certificate from Dr Ramaswami
Applicant pleaded guilty to abetting Mr Teo in intentionally omitting to attend the court hearing
Disciplinary committee of the Law Society determined that cause of sufficient gravity existed for disciplinary action to be taken against the Applicant
Applicant was struck off the Roll
Applicant applied to be reinstated to the Roll
Applicant joined RSVP as a member
Applicant conducted an initial course in Cambodia
Applicant repeated the course in Cambodia
Daniel Tint Lwin wrote the Letter of Commendation
Applicant filed the present application to have his name replaced on the Roll
Daniel filed an affidavit withdrawing the Letter of Commendation
Applicant filed an affidavit in response to Daniel’s affidavit
The undertakings were communicated to the Applicant’s solicitors
Court allowed the application

7. Legal Issues

  1. Reinstatement on roll of advocates and solicitors
    • Outcome: The court allowed the application for reinstatement, subject to certain conditions imposed by the Law Society.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR 704
      • [2007] 4 SLR 641
  2. Fitness to be restored on roll
    • Outcome: The court found that the applicant had demonstrated sufficient rehabilitation and was fit to be restored to the roll.
    • Category: Substantive

8. Remedies Sought

  1. Reinstatement to the roll of advocates and solicitors

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Professional Conduct
  • Disciplinary Proceedings

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Gnaguru s/o Thamboo MylvaganamHigh CourtYes[1994] SGHC 229SingaporeCited for the fact that the applicant chose not to appear before the court during the show cause proceedings which led to him being struck off the roll.
Re Gnaguru s/o Thamboo MylvaganamHigh CourtYes[2004] SGHC 180SingaporeCited for the dismissal of the applicant's first application for reinstatement and the reasons for the dismissal.
Knight Glenn Jeyasingam v Law Society of SingaporeCourt of AppealYes[2007] 3 SLR 704SingaporeCited for the basic principles that guide the court in relation to an application for reinstatement to the Roll.
Narindar Singh Kang v Law Society of SingaporeCourt of AppealYes[2007] 4 SLR 641SingaporeCited for the emphasis on the individual applicant and the public interest, respectively, as embodied in the observations.
Re Chan Chow WangUnknownYes[1982-1983] SLR 413SingaporeCited for the principle that sentences of exclusion from the legal profession need not be exclusive forever.
Re Lim Cheng PengUnknownYes[1987] SLR 486SingaporeCited as a case where the applicant had abused their authority as advocates and solicitors and exploited their clients.
Re Ram KishanUnknownYes[1992] 1 SLR 529SingaporeCited as a case where the applicant had abused their authority as advocates and solicitors and exploited their clients.
Re Nirmal Singh s/o Fauja SinghUnknownYes[2001] 3 SLR 608SingaporeCited as a case where the applicant had abused their authority as advocates and solicitors and exploited their clients.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 102 Legal Profession Act (Cap 161, 2001 Rev Ed)Singapore
Penal Code (Cap 224, 1985 Rev Ed) s 174 read with s 109Singapore
Legal Profession Act (Cap 161, 1990 Rev Ed) s 83(2)(a)Singapore
Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 5(a)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Reinstatement
  • Roll of advocates and solicitors
  • Legal Profession Act
  • Rehabilitation
  • Fitness to practice
  • Public interest
  • Law Society of Singapore
  • Attorney-General

15.2 Keywords

  • reinstatement
  • legal profession
  • advocate
  • solicitor
  • singapore
  • law society

17. Areas of Law

Area NameRelevance Score
Legal Profession Act95
Reinstatement on roll of advocates and solicitors95
Legal Ethics and Professional Responsibility90
Criminal Law50

16. Subjects

  • Legal Profession
  • Reinstatement