The Star
by SHAILA KOSHY
by SHAILA KOSHY
KUALA LUMPUR: Behind a corrupt judge, there is usually a lawyer.
“I agree, it is likely; not always, but likely,” said Malaysian Bar president Lim Chee Wee.
He said this when asked whether it would be true to say there were lawyers behind corrupt judges.
He
said the Bar Council was going to take action against a lawyer
allegedly involved in bribing a Court of Appeal judge who has since
retired.
He
added that they would also be able to take disciplinary action against
such a judge, if he or she was now practising as a lawyer.
At
the Opening of the Legal Year on Jan 12, Chief Justice Tun Arifin
Zakaria had asked lawyers and the public “to restrain from corrupting”
the judiciary, stressing that both the giver and taker were equally
guilty.
In
the last two weeks, the Bar has referred cases of alleged corruption to
the Malaysian Anti-Corruption Commission involving the said retired
judge, non-court proceedings, and two sitting High Court judges.
“We are aware of serious hints of corruption involving lawyers as givers or facilitators,” said Lim.
Regardless
of whether it constitutes a crime, he gave an assurance that if there
was prima facie evidence of professional misconduct, the council would
act against them.
On
whether the council had ever taken action since allegations of lawyers
offering bribes are not new, Lim replied there was a pending complaint
at the Disciplinary Board.
“It
involves a bribe to court staff as an inducement to expedite extraction
of a draft order, which is an offence under S.11(b) of the 1997
Anti-Corruption Act.”
Lim
urged the public who hear lawyers boasting of their “extraordinary
influence” with judges to report them to the MACC or e-mail the council
at president@malaysianbar.org.my or call 03-2050 2013.
He added there were also non-lawyers and some business people who seemed to suggest the judiciary could be bought.
However,
Lim was confident that Arifin, the MACC commissioner, Attorney-General
and council can ensure “Malaysian justice is not for sale ... but is
dispensed with integrity, intelligence and without influence or
interference”.
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