Rape accused sues lawyer for return of RM200,000

Rape accused sues lawyer for return of RM200,000

The 43-year-old moneylender claims that counsel had failed to represent him.

M Magentheran alleges that a lawyer and a tout had conspired to cheat him.
PETALING JAYA:
A moneylender charged with four counts of rape has sued a lawyer and his legal firm for the return of RM200,000 for failure to appear in court to represent him.

M Magentheran said Suraj Singh, who has a “Datuk” title, had used a tout, whom he identified as Muhammad Amar Arna Salam, also known as “Datuk Bobby”, to provide his professional services.

Magentheran, who filed the suit in the sessions court, is seeking the return of the money with interest from Suraj and his firm, Messrs Suraj Singh & Co.

In the statement of claim filed in February, Magentheran, 43, said he was arrested on March 18 last year and charged with four counts of rape at a sessions court in Putrajaya a week later.

“While under remand, Amar approached the accused’s wife (and) introduced himself as an agent for Suraj in criminal cases,” said the statement filed by Messrs Selvam Shanmugam & Partners, representing Magentheran.

It said “Suraj, through Amar, had expressed his intention” to represent Magentheran, and Amar asked for RM210,000 in legal fees from Magentheran’s wife, K Kumutha Malar.

Between March 21 and March 25, it said, RM145,000 was paid to Amar through bank transfers but no receipts were issued.

After Magentheran was charged and freed on bail, another RM65,000 was paid, bringing the total to RM210,000, the statement of claim said.

It alleged that Suraj refused to attend court for a case management on May 5, 2020, on the excuse that Magentheran had to pay another RM250,000 for him to appear at the trial.

Magentheran then decided to change his lawyer and asked Suraj to return the RM200,000 after deducting RM10,000 as legal service incurred for appearing during a remand proceeding and bail application.

The statement said Amar later issued payment receipts but the dates were backdated, and Magentheran said he never appointed Amar to deal with the lawyer during his detention.

It said the defendants had conspired to cheat and commit fraud against the accused by imposing a very high legal fee.

Suraj and his legal firm, represented by Messrs JS Pillay and Mohd Haaziq, have denied the claims made by Magentheran.

In their defence, they said Amar was not their agent to deal with the accused or his wife.

They said they became aware that Amar and Magentheran were business partners, and Magentheran had met Suraj in court when he was brought for a remand application on March 19 last year.

They said since the accused would be in remand until March 25, they had authorised Amar to deal with Suraj, including making payments.

The defence said Suraj has asked for another RM250,000 since the accused was facing four counts of sexual assault, which he initially agreed to pay.

However, Magentheran did not revert to Suraj, who was made aware he had appointed another lawyer.

They said the money paid was for services rendered.

S Selvam, representing Magentheran in the civil claim, said case management would be held on April 30.

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