De facto law minister Dr Rais Yatim appears to have been afflicted with a serious bout of split personality - the lawyer Rais and the politician Rais. The question is: Who do you believe?

The lawyer Rais, who wrote a biting thesis on the judiciary a few years ago, told a radio journalist in Australia last month that it was unbecoming of a top judge to be seen holidaying with a prominent corporate lawyer.

He was, of course, commenting on the Internet photos which have made their appearance since early 1998, which depict Chief Justice Eusoff Chin and lawyer V.K. Lingam in New Zealand together with their families.

The politician Rais, on the other hand, was eager to stress that the spat with Eusoff, which was sparked off by his comments, is now no longer an issue. Indeed, he was quick to interpret the High Court injunction barring the Malaysian Bar from meeting to discuss the issue as proof that the judiciary is independent.

We know well there is much outrage over the High Court decision. Malaysiakini has received many letters lambasting the judge, with almost all, on the advice of our legal counsel, cannot be published because they could be construed as contempt of court.

For a media organisation which stands against self-censorship, this is rather disconcerting.

Even lawyers are clueless on what is legitimate criticism and what isn't. Otherwise, there wouldn't be any law suit to stop the Bar Council's EGM. Indeed, lawyers such as Zainur Zakaria and Tommy Thomas have been hauled in for contempt of court.

Journalists, too, have to face the wrath of the judiciary. Take the case of Far Eastern Economic Review 's Murray Hiebert. He was jailed for three months for "scandalising the court" because he has the temerity to write an article noting the swiftness a law suit involving a judge's son moved through the courts.

Indeed, as it stands, any criticism of the judiciary is regarded as potentially in contempt.

Rais in an Asiaweek interview last week - the lawyer Rais, that is - said that the judiciary should "not cling on to the so-called sacrosanct view of the past [that] you can't touch the judiciary with a 10-foot pole".

"I would like to differ on the idea that the judiciary cannot be commented upon. There is no law against it. Everybody should be given the right to comment on [the judiciary] so long as it does not interfere with judicial responsibilities and functions," he said.

We agree with the lawyer Rais that citizens can "comment on the affairs of the judiciary with respect to public interest".

But we will have to take this with a pinch of salt. If Rais is serious about what he said, then he should be the first person to come forward to tell the High Court judge that he did say what he said in Australia.

To be fair, the lawyer Rais did speak out at a Cabinet meeting soon after the furore erupted. He, along with his other lawyer colleagues, Finance Minister Daim Zainuddin, Youth and Sports Minister Hishamuddin Hussein Onn and Health Minister Chua Jui Meng were reportedly against extending Eusoff's tenure as CJ.

However, their reservations failed to prod their boss into changing his mind. Prime Minister Mahathir Mohamad gave the CJ another six months. Why? Nobody knows.

Some of the key appeals which Eusoff will be deliberating with his fellow Federal Court judges in the coming months include that of sacked deputy prime minister Anwar Ibrahim. Indeed, Anwar's appeal against his corruption conviction will be heard in the Federal Court next month.

Given that the judiciary is beyond criticism, the heat is now on the Bar Council, perhaps unfairly, for the aborted EGM last week.

The council should have been better prepared. After all, it was the same lawyer who brought a similar action to court, deliberated by the same judge, and with more or less the same arguments.

Now that the Bar is unable to proceed with its meeting, it is left to the MPs to take up the cudgel come July 10 when the Parliamentary sessions resume.

Here, no one can do a Raja Segaran-type stunt of injuncting the Dewan Rakyat from raising the matter since MPs are protected by parliamentary immunity during debates.

As a minister, Rais will need to answer to Parliament. Hopefully, it will be the lawyer Rais who turns up at the Dewan Rakyat.