The Bar Council's resolution prohibiting ex-judges from acting as counsel is not law, and does not hold sway on former Federal Court Judge Gopal Sri Ram representing opposition leader Anwar Ibrahim.

Law professor Abdul Aziz Bari argued that the federal constitution provides that the choice of legal counsel is every person's right.

The legal expert explained that as long as the lawyer agrees to work for Anwar, there is no reason why people should make a fuss over it.

"The main argument for Gopal acting for Anwar is the constitution, and this is the supreme law of the nation. It overrides everything else

"Note that the Bar Council's resolution on the matter is not even a law," Abdul Aziz told Malaysiakini last night.

He said it was Anwar's choice to decide on his lawyer, and contention over Gopal acting for him in the ongoing Sodomy II appeal is not an issue.

Yesterday, Gerakan Youth chief Tan Keng Liang and DAP MP Lim Lip Eng questioned if Gopal's appearance for Anwar may affect judicial independence.

Shafee's involvement more mind-boggling

Meanwhile, Abdul Aziz pointed out how the chief justice of the Federal Court had said it was alright for a retired judge to go back to court.

"Apart from Gopal, we have former judges like Salleh Abas and RK Nathan who went back to practice," he said.

He added he was more concerned about the independence of the judges rather than whether or not they could go back into practice after retiring.

“I think in this case the position of Shafee Abdullah is more worrying and mind-boggling than Gopal acting for Anwar,” he said.

The Attorney-General's Chambers has been criticised for appointing external lawyer Shafee as the prosecutor instead of one of its own officers.

Apart from Shafee having worked for Umno at one time, his involvement has also been criticised as the lawyer is currently under probe for allegedly supplying a false affidavit.

Anwar had repeatedly attempted to have Shafee disqualified, but with no success.

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