Yesterday's failure by the Malaysian Bar to hold an extraordinary general meeting (EGM) to discuss judicial appointments due to the lack of quorum had sparked mixed reactions from lawyers.

While Bar Council chairperson Kuthubul Zaman Bukhari blamed the high percentage required for a quorum (one-fifth of total members), others like Hasnal Rezua Merican felt that the issue is secondary.

"In fact the requirement itself should motivate lawyers to attend the EGM. Of course the law is to make our life difficult but we must display enough commitment to tell them (the government) that no matter how you (the government) try to curtail us, we will do what we have to do," said Hasnal when contacted today.

Courage lacking

"We must have that kind of courage...to show that we are strong enough. But sadly, that's where we are still lacking," said the lawyer of eight years.

Hasnal also felt that the issue was not pressing enough to compel lawyers to sacrifice the Saturday morning to attend the EGM,

"When you forward a motion that you can carry out, members may be interested. But when you forward such a proposal - seeking to amend the Federal Constitution on the appointment of judges - that is not possible to implement immediately, they are not bothered," he said.

"Those who did not come probably felt that the EGM was a waste of time. The appointments have been carried out, and the Bar's proposal will not undo what has been done."

Hasnal felt that the Bar should have defer the issue till its next annual general meeting (AGM), which will attract more members as there are other matters to discuss as well.

"But for people to come down here to discuss this one particular issue, I don't think so. In fact I had guessed that we would be able to obtain the quorum for the EGM," he added.

Public interest lacking

Hasnal also opined that the lack of interest from the public on the issue was another contributing factor to the members' lack of interest in attending the EGM.

"I remember during the Anwar-saga in 1998. There was an EGM and we managed to get the quorum in record time. The Bar rides on crisis. But on this issue, the public did not make much noise...so members tend to ignore it too," said the lawyer who confessed that he had to drag himself out of bed to sign up for the proposed EGM yesterday.

Senior lawyer Manjeet Singh Dhillon did not mince his words when asked to comment on the EGM failure.

"It's an embarrassment of the highest order," he said.

"The Bar publicised the matter with such a bang but did not manage to get it started. It is embarrassing and shameful."

Manjeet who was present said that the lack of quorum could also be taken as an indication that the council's decision to call for the EGM failed to get members' support.

Young lawyer Amer Hamzah Arshad said that the government has succeeded in restricting lawyers from carrying out their statutory duty as stated in the Legal Profession Act (LPA) 1976.

"The quorum requirement was enacted at the same time when the government introduced section 46A to the act - which bars young lawyers and politicians from being council members. So they intended to curtail us and yesterday's failure to hold the EGM showed they have succeeded," he said.

Immature and irresponsible

He is also convinced that the quorum requirement as stated in section 67 of the LPA will not be amended in the near future,

"When (De facto law minister) Dr Rais Yatim was first made a minister, he had promised us that he will look into amending it (section 67) but so many years have passed and nothing happened. I don't think the government will ever amend it. They are just paying lip service because this is a great tool for them to restrict us."

He also lambasted those who had refused to sign up for the EGM simply because they did not agree with the Bar's proposal to call for the meeting.

They are immature and irresponsible. Their absence is a reflection of their appalling attitude," Amer said.

The Bar had planned to discuss the unsatisfactory justification for July's c ontroversial appointments which overlooked for promotions to the Court of Appeal and the Federal Court.

cThe meeting also seeks to establish an independent judicial commission to ensure a more transparent and systematic procedure for future appointments - a suggestion which was criticised by Prime Minister Dr Mahathir Mohamad.