Law does not prohibit retired judges from appearing in court, says Bar Council

Despite passing a resolution on March 15 that retired judges should be prohibited from appearing as counsels in court, Bar Council president Christopher Leong today said the Federal Court had decided that there is nothing wrong with the practice.

“Notwithstanding the concerns of the Malaysian Bar on this issue, which were articulated in court, the Federal Court has ruled that there is nothing presently in law that prohibits a retired judge from appearing as counsel in court,” he said in a statement.

He said the Malaysian Bar took note of issue surrounding the appointment of retired Federal Court Judge Datuk Seri Gopal Sri Ram as the lead prosecutor in the appeal case of Datuk Seri Anwar Ibrahim but said the Federal Court had decided that there is nothing improper with such appointments.

“Apart from the above, the Malaysian Bar will make no further comment whilst the hearing of the appeal is ongoing in the Federal Court,” he added.

The Bar Council had seven months ago passed a resolution that a retired judge of the superior courts should be prohibited or restricted by law from appearing as counsel in court.

It had also proposed an amendment to the Legal Profession Act 1976 to the Attorney General for urgent presentation to Parliament on the matter.

The resolution was passed at its annual general meeting.

Yesterday, Gerakan youth chief Tan Keng Liang questioned why Gopal was allowed to represent Anwar in his sodomy appeal despite the Bar Council’s resolution.

"This is clearly contrary to the resolution by the Malaysian Bar earlier this year," he said.

Anwar is represented by a team of 14 lawyers led by Gopal.

The other 13 lawyers are Ramkarpal Singh Deo, Sangeet Kaur Deo, N. Surendran, R. Sivarasa, J. Leela, Latheefa Koya, Lim Choon Khim, Eric Paulsen, Michelle Yesudas, Shahid Adli Kamaruddin, Zaleha Al-Hayat, Jeremy Vinesh Anthony and Mohamed Aliff Bolkin.

A senior lawyer, Tan Sri Muhammad Shafee Abdullah, is leading the prosecution team in the appeal. He is assisted by deputy public prosecutor Datuk Mohamad Hanafiah Zakaria.

Anwar, 67, was charged under Section 377B of the Penal Code after the Court of Appeal on March 7 this year, found him guilty of having sodomised his now 27-year-old former aide, Mohd Saiful Bukhari Azlan.

The offence was allegedly committed at Unit 11-5-1, Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

The charge carries a jail term of up to 20 years and whipping, upon conviction.