Attempts by malaysiakini to solicit lawyers for their opinion on the controversy surrounding the Chief Justice Eusoff Chin and lawyer V.K. Lingam have not achieved much success.

A senior lawyer told malaysiakini that the appropriate comments should come from the Bar Council as the issues raised concern the legal profession but attempts to contact Bar Council chairman Sulaiman Abdullah over the past two days have proven futile.

The reluctance by members of the Bar to comment could be due to both the fear of being held in contempt of court as well as the threat of being slapped with a lawsuit for defamation, according to some responses.

According to a constitutional lawyer, who wishes to remain anonymous, the current laws relating to contempt of court have restricted the freedom of lawyers and the public to comment on matters involving members of the judiciary.

He said that Minister in the Prime Minister's Department Dr Rais Yatim could open himself to be held in contempt of court for his comments on the Malaysian judiciary in an Australian Radio National interview last month.

Furthermore, Eusoff had warned yesterday that he would sue anyone who insinuated that his holiday in New Zealand in 1994 was paid for by lawyer V.K.Lingam and stated that he had met Lingam by chance while holidaying there ("[#1] Holiday with lawyer a 'coincidence'[/#] ", June 6) .

Eusoff and wife (left) and Lingam and wife in New Zealand.

However, the constitutional lawyer told malaysiakini that in spite of this, it remains inappropriate for lawyers to socialise with members of the judiciary under circumstances which could give rise to allegations of partiality in legal proceedings.

"While it was acceptable that lawyers socialise with judges, distance and decorum must be maintained and going on holiday together would be a breach of such decorum," he added.

The lawyer noted that the current system of judicial appointments has contributed to the lack of independence within the judiciary as it is based on a system of patronage. It is the Chief Justice who recommends members to the Prime Minister who in turn recommends them to the Council of Malay Rulers.

He contended that the system is open to abuse as the criteria for judicial appointments are not spelt out, leading to interference from political parties and lobbying from the business community.

The lawyer said that commercial certainty is necessary in the judicial system of a country aiming to develop its market economy as Malaysia and justice must be seen to have been done in courts and arbitration tribunals to reassure foreign investors of security in their commercial transactions.