An application by lawyer Haroon Ali Shah that, proceedings brought against him by the Chief Registrar before the Independent Legal Services Commission for a criminal conviction five years ago were ill founded has been dismissed today.

Shah was convicted of a criminal offence in June 2005 on charges of assault and damaging property after he had assaulted an opponent's client within the Lautoka High court precinct.

The Chief Registrar filed the complaint saying that Shah's conduct involved a substantial failure to reach a reasonable standard of competence and diligence.

However, Shah submitted that the conviction was irrelevant and therefore the Commission cannot exercise its disciplinary powers against him and also stated that there is no direct relationship between the conviction and the proceedings before the Commission.

In his ruling, Commissioner John Connors said in his opinion there is a direct relationship between the conviction and proceedings alleging professional misconduct.

Commissioner Connors said there is a likelihood that Shah will be found to be unsatisfactory in the proceedings before the Commission in that it is capable of findings that he is not a fit and proper person to engage in legal practice.

The Commissioner ordered that Shah's application is dismissed and hearing on the matter is to commence before the Independent Legal Services Commission from tomorrow.

Story by: Roneel Lal