KOTA KINABALU: Lawyer, Marcel Jude Joseph apologised for his statement's which have caused hurt and pain to the Kadazan Dusun Murut and Rungus (KDMR) community.
He was lambasted over his derogatory remarks on the Unduk Ngadau pageant in his written submission for his client.
Marcel is representing a politician who is charged with five counts of molesting two women, one of them is an Unduk Ngadau contestant.
In a statement today he apologised to all the Unduk Ngadau, organising committee and everyone involved in the events since the inception of the beauty pageant, as well as the KDMR people.
However, he was unable to withdraw the submission as demanded by Sabah State Unduk Ngadau Borderless Kaamatan 2021 chairperson Joanna Kitingan.
"Although I prepared the submission for the court, I did not say or mention the part she is objecting to.
"She can check this with the people who are there, namely the public prosecutor, the reporters, the police officers and the lawyer for the character who analysed the submission in his posting on Facebook.
"She can also check the audio tapes for the proceedings if there are any," he said.
He added that the withdrawal of the written submission cannot be done as the bail application is res judicata (claim preclusion).
"It has been decided by the court and therefore cannot be revisited unless there is an appeal or an intervening application.
"The judge who decided the bail application is functus officio (having performed his office) and the matter cannot be re-litigated," he said.
Apart from that, Marcel said the proceedings are subjected to immunity.
"As a lawyer, I am bound to act to the best of my ability for my client as I think fit. Third parties outside the court cannot influence such proceedings.
"If that were so, then lawyers will not be able to act freely and independently.
"And court proceedings will be subject and controlled by parties outside the courtroom.
"This principle of the independence of Advocates and Solicitors is sacrosanct and cannot be compromised for any reason whatsoever," he said.
Marcel added, the offending paragraphs claimed by Joanna is not directed at any particular persons or organisation to be ground for defamation.
"I did not name any Unduk Ngadau or anyone in the Unduk Ngadau or anyone in the State Kaamatan MOC 2021 or anyone of the Kadazan Dusun (KDMR) people of Sabah.
"There was no attack on Kaamatan as a Festival or an attack on the KDMR people.
"It only involved the Unduk Ngadau Beauty Pageant in general terms and did not point to any particular Unduk Ngadau competition or competitors," he said.
He added those paragraphs were made for court proceedings and to defend his client.
Marcel added it was not made with any emotion or malice or intention to provoke or to hurt.
"In essence, it was done as part of my job and it is not possible to tell me how I should carry out my professional duties.
"If I fail in my duty, I remain liable to be sued for professional negligence by my client."