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Wednesday 23 January 2013

Lawyers behind corrupt judges?

The Star
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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