Malaysian Bar should not remain quiet during Opposition Leader case

The Malaysian Bar reiterates the Federal Court decision that there is nothing presently in law that prohibits retired judge from appearing in court.

Prior to this, the Malaysian Bar had passed a resolution on 15th March 2014 at its annual general meeting that retired higher court judges be prohibited from representing clients in court.

As Gerakan Youth chief and as well as a member of the Malaysian Bar, I find it disturbing that the Malaysian Bar will not make further comment on this matter during the hearing of opposition leader Anwar Ibrahim’s appeal.

I fully agree that there’s no law prohibiting a retired judge from appearing as counsel in court. However, this should not be a reason for the Malaysian Bar not to protest against the opposition leader’s appointment of the retired judge.

In the matter involving the sedition charges seen in the past month, the Malaysian Bar had immediately protest via various press statement, held a protest walk and submitted a Memorandum to the government notwithstanding that there is an existing law under the Sedition Act allowing the prosecution of seditious statement. The cases involving the sedition charges were also ongoing when the Malaysian Bar expressed their protest.

During that time, Gerakan Youth also took the stand that the Sedition Act should be abolished and replaced with a more progressive National Harmony Act.

However, it is surprising that now, the Malaysian Bar choose not to immediately do the same in the matter involving the opposition leader’s appointment of the retired judge as counsel.

Like what the Malaysian Bar had previously said, the appointment of retired judge as counsel in court may adversely affect public perception as to the administration of justice.

Such conduct may also have the effect of intimidating the Bench and worse, it could give the perception that the said retired judge and his client have an advantage over other counsel and adverse parties.

As such, I urge the Malaysian Bar to be apolitical and immediately take further steps to protest on this matter (just like the sedition charges) and irrespective who the matter concerns.

The Malaysian Bar should not choose to remain quiet during the opposition leader’s case.

------------------------------------------------------------------------------------------------------------------------------------------------ Tan Keng Liang is Gerakan Youth Chief.