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Legal doyen wants EGM for Bar to discuss state of judiciary

The doyen of the Malaysian Bar, H L Wrigglesworth, wants the Bar Council to call for an extraordinary general meeting to consider what can be done about the present unsatisfactory state of the judiciary.

"There should be another EGM as I cannot believe that the majority of the Malaysian Bar are prepared to accept this appalling situation and am confident that they would insist upon some radical changes" he told malaysiakini today

"It is important for the Bar Council to do something about the present situation," said Wrigglesworth, who holds the privilege of being the first person to be called to the Malaysian Bar.

The country's oldest lawyer is calling for the EGM with reference to the recent Federal Court dismissal on July 10 of former deputy premier Anwar Ibrahim's appeal against his conviction and six-year sentence for corrupt practices.

Wrigglesworth, born in 1918, was first called to the Bar on Oct 7, 1948. He had been a member of the Bar Council for 30 years. At 84 today, he still practices law, and lives in Kota Baru, Kelantan.

Worse than 1988

He described the present situation of the judiciary as "worse than in 1988 when the judges did nothing to help the judiciary which consequently fell into worldwide disrepute".

"Yet the Malaysian Bar rose to the occasion magnificently when it passed important resolutions by 1,002 votes to nil.

"This established the high international reputation that the Malaysian Bar has enjoyed for the past 14 years, but unless we take immediate action, our reputation will sink to the depths of that of the judiciary," said Wrigglesworth in a letter sent to several senior members of the Malaysian Bar, a copy of which was obtained by malaysiakini .

A copy was also sent to the Bar Council on July 15.

"I've yet to receive any response from them but two former Bar presidents have told me that they totally agree with my views," he said.

On the recent statement by Bar Council chairperson Mah Weng Kwai (photo) with regards the Federal Court decision, Wrigglesworth, said he was shocked by it.

"Why has the Bar Council remained silent or did it approve Mah's shameful statement? Even the Bar Council's website makes no mention of the deplorable state of our judiciary."

Right to remove Mah

He then referred to Anwar's immediate reply in court after the decision, where the ex-deputy premier said that the conspiracy of the highest level has now come full circle to include the courts and the judiciary.

"It now seems that the full circle also includes the president of the Malaysian Bar. So, Mah should resign as president or be removed by the Council.

"As Mah was appointed by the 36 members of the Council, they have the right to remove him as well. If he isn't removed by the Council, then it is up to the Malaysian Bar to move for it," said Wrigglesworth.

The Malaysian Bar currently has more than 10,000 members.

Mah, who is serving his second-term as Bar president, came under severe fire for his response to malaysiakini the same evening of the Federal Court's decision, when he had expressed confidence that the court "would have set aside Anwar's conviction if it had found any improprieties in the proceedings of the lower courts".

He believed that Anwar's trial had gone through the "due process of law" and that the Federal Court's decision should be respected by all. As for those who disagreed with the decision, he suggested that they use the ballot box to show their discontent.

Since then, the Bar Council had issued a statement after a heated meeting on July 13 where members had insisted on re-emphasising the earlier stand in 1999.

In the statement, the Council said though it accepts that Anwar's trial has gone through the necessary legal steps, there were still several irregularities in the trial that did not justify the dismissal of Anwar's appeal.

The Council also noted that it found several aspects of the sentence imposed on Anwar to be highly unusual and regretted that the Federal Court had not seen it fit to set them straight.

Attempts by malaysiakini to reach Mah for comment failed.

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