Lawyers pass resolution to prohibit retired judges from litigating in court

The Malaysian Insider (Used by permission)
BY JENNIFER GOMEZ

The Malaysian Bar passed a resolution at its annual general meeting today that retired higher court judges be prohibited from representing clients in court.

It also called on the government not to bring into force the amendments to the Prevention of Crime Act 1959 and instead to repeal them, citing objectionable features such as detention without trial and a suspected person not having the right to apply for a judicial review unless on grounds of procedure.

During the passing of the bill in Parliament last year, opposition MPs objected to the amendments, arguing that the changes proposed were similar to the repealed ISA.

In its resolution passed today, the Bar called on the government to engage all relevant stakeholders, including the Bar, in meaningful dialogue on measures to combat serious and organised crime.

A total of four resolutions were passed while two were rejected by the 1,219 members who attended the AGM today.

Members of the Bar also expressed concern over the sentencing of Opposition leader Datuk Seri Anwar Ibrahim for sodomy and veteran lawyer Karpal Singh for sedition.

Bar president Christopher Leong, in a press conference after the AGM, said that of concern was the lack of time given to Anwar to mitigate before sentencing, while in Karpal's case, the deputy public prosecutor's (DPP) submissions before sentencing were of grave concern.

"In her submissions, the DPP had said that if the court did not impose a heavy sentence on Karpal, it would be deemed as an insult to the institution of Rulers.

"Karpal’s obvious medical condition and disability were not relevant to the DPP, when we all know that he is paralysed and unable to fend for himself," he said, referring to Deputy Public Prosecutor Noorin Badaruddin.

Leong said that despite this, the DPP had strenuously pressed for a custodial sentence, when the reality was that for Karpal – who is 74 years old and wheelchair-bound – going to jail would have been a “death sentence” for him.

"Who is going to look after him in prison?" Leong said.

He said that there were international guidelines which provide for standards of professional conduct for all public prosecutors.

"We believe that these may not have been completely observed and so members at the AGM had requested overwhelmingly that the Bar Council make representations to the AG to  investigate the DPP immediately.

"And if thought fit, to take disciplinary action against her according  to the rules governing her appointment in service and according to law," he added.

A resolution was also passed on environment and climate change, which urged the government to ensure the effective enforcement of environmental laws.

Leong told reporters that on his recent drive from Kuala Lumpur to Putrajaya, he saw a number of open burning sites emitting thick smoke, adding that despite their visibility, enforcement agencies had obviously not acted against the polluters.

Leong was returned as president while Steven Thiru was returned as deputy president of the Bar at the AGM.

Asked whether a Royal Commission of Inquiry was needed on the missing MH370, Leong said that it was premature at this point, adding that what was important now was the search and rescue mission.

He said that they observed a minute of silence at the start of the AGM for the passengers and crew onboard and their families. – March 15, 2014.