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What's wrong, law allows ex-judges as counsel

YOURSAY ‘No objection to Gopal by the prosecution or the five sitting judges.’

'Ex judge for Anwar violated Bar's decision'

Starwars: Personally, I don’t agree with retired judges appearing as counsel but I am aware of a recent Federal Court decision where it was asked to decide on this and the Federal Court ruled that they could.

So as far as the law is concerned, Gopal Sri Ram is perfectly within his rights to appear as counsel, more so when the attorney-general (AG) himself has appointed Muhammad Shafee Abdullah, a member of the Bar, to represent the AG’s Chambers.

But Gopal carries baggage with him   he was the one who sent Penang CM Lim Guan Eng to prison. So I am personally not fond of Gopal, although I must say that he is one of the best legal minds in Malaysia.

His prowess in law is so good that Dr Mahathir Mohamad actually appointed him straight to the Court of Appeal. He was one of Mahathir’s advisers at that time.

Let’s not forget that Shafee is appearing for the prosecution. Are you guys telling us that Shafee should also be disqualified, too?

P Dev Anand Pillai: Whilst in principle it may be questionable, but let’s look at it from the point of view of the law. The retired judge is first and foremost a lawyer; he did not become a judge right out from the university.

Therefore after he completes his tenure in the bench, and if he is still has the passion for practice, his obvious place would be to be back at the Bar.

The Bar can't deny him this right. It is against natural justice. Is a retired judge expected to sit at home or serve some company as director when he is still able to contribute?

Why fear them when one can learn from them? Nothing stops the five men bench from disagreeing with Gopal Sri Ram. Now is there justice for the judges?

Thianaik: Gerakan Youth chief Tan Keng Liang, if the retired judge holds a certificate to practise, he is entitled to practise law in this country. Whoever does not want him to practise, must change the law.

Fernz: In principle, retired judges should not appear in court as counsel for clients. But this should be confined to paying clients. If a retired judge acts pro bono , it should be allowed in the interests of justice.

Rick Teo: Is it all right for the government to engage senior lawyer Shafee to prosecute Anwar Ibrahim? So what’s wrong if Anwar gets an ex Federal Court judge to represent him?

Paul Warren: Indeed Anwar should be defended only by deaf and dumb lawyers. Do Tan and DAP MP Lim Lip Eng have anything to say about how the Federal Court judges and other judges too, used to bully Anwar's defence lawyers?

Interrupting them while making their arguments and stopping them from pursuing issues which might be inconvenient, and so on?

Tpn: What is the issue here? The Federal Court last year ruled that ex judges can appear in court as lawyers. The Bar Council resolution is a mere resolution and not the law. I don't see the big fuss here.

Mukhsin: Political machinations aside   at its worst, this is a petty sodomy case involving an already archaic law.

Bringing this case to the apex court is an insult to the judiciary and diminishes them. Shame on you, AG's Chambers, for this, and using taxpayer dollars to fuel this sordid event.

Gabriel2000: What Tan said is right. The Bar Council had already passed a resolution banning ex judges from appearing in court.

They should have voiced against Gopal from acting as lead counsel for Anwar. Instead, the Bar Council chose to remain quiet. Clearly, the Bar Council doesn't do what it preaches. Or perhaps this is a case of double standards? Shame on it.

MinahBulat: Let's be clear about this. The Bar Council did pass a resolution to prevent retired judges from litigating. There were representations made to the AG’s Chambers to amend the Legal Profession Act to follow the trend in Sri Lanka and Singapore that bars former judges from litigating.

The rationale is the perception that the ex judge may have an unfair advantage. In Malaysia there are no such laws and Gopal is perfectly entitled to appear for Anwar.

There nothing illegal or unethical about it because there are no laws preventing this, and it is not in the advocates and solicitors code of ethics.

Not happy still? Please write to the Bar Council disciplinary board and let them tell you what I am telling you now.

Anonymous #19098644: Because the legislative chambers did not pass the law to bar former members of the judiciary from appearing, this is the result.

Again, if the government had heeded the calls of the Bar for reforms, this kind of issue would never occur. More reason why the executive should heed the Bar’s call for reforms.

2Kali5: Why should presiding judges be intimidated by ex judges turn lawyers for litigants. The ex judge turned lawyer is one of the two parties arguing their cases before the presiding judge.

The judge weighs the arguments and passes judgment in accordance with set principles and rules. The judge is not there to fight with the ex judge, so why feel intimidated? He will only decide based on the arguments presented to him.

The Bar Council will of course try to bar them from coming back into practice as they are the ones who will feel intimidated when appearing for the other side. Also less men, more share.

Why is Tan so scared of Anwar being freed? If he is man of principle he should be more concerned for justice to be done; nothing else is more important.

Mushiro: Bar Council resolutions are not binding, just advisory, and are usually not followed especially by the AG's Chambers. The appointment of Gopal was clearly not objected to, by the prosecution or even the five judges.

Anon1: Tan, make an official complaint to the Advocates and Solicitors disciplinary board and follow through all the way. That's the proper channel to ventilate your grouse.

ACR: Tan should be asking the bench, specifically CJ Arifin Zakaria, who in 2013 said there was no reason to bar former judges from appearing in court, alluding to the fact that Salleh Abbas and RK Nathan too went back to practice, post retirement.

Judges are trained to decide on facts without emotion.

Gggg: Shouldn’t Tan be asking why a lawyer is prosecuting and not the AG's people?


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