A Bar Council official told the Kuala Lumpur High Court that he was obligated by the law to maintain secrecy on the council's proposed resolution on judicial misconduct which was to have been discussed at a planned extraordinary general meeting.

Lawyer R Rajasingam said he was bound by Article 76 (2) of the Legal Profession Act (LPA) to maintain secrecy, when asked by DP Vijandran, counsel for plaintiff in a suit against the proposed EGM with the said resolution on its agenda.

Rajasingam, who is chairman of Penang Bar committee, was testifying in the suit by K Raja Segaran against the Bar Council, its immediate former chairman RR Chelvarajah and the Malaysian Bar with regard to the EGM scheduled for Nov 20 last year.

The hearing concerns whether the proposed resolution which, among others, calls for a royal commission of inquiry on judicial misconduct as contained in a notice dated Oct 12, 1999, and the EGM to be held were ultra vires the powers and objects of the Malaysian Bar under the LPA.

"As a member of the Bar by virtue of being the Chairman of the Penang State Bar Committee, the Legal Profession Act prevents me from doing so (divulging information on the resolution) in the interest of the Bar," he said.

Article 76 (2) of the LPA states that: "Except and in so far as may be necessary for the purpose of giving effect to any resolution passed or decision made, secrecy shall be maintained in all proceedings conducted by the Bar Council, the State Bar Committee, Inquiry Commission and their staff."

Yesterday, justice Nathan had demanded the Bar Council to explain the basis of the allegation which was to be discussed in the EGM. He had asked whether it was about the photos showing Chief Justice Eusoff Chin holidaying with corporate lawyer VK Lingam in New Zealand ([#1]Bar Council asked to explain basis for EGM[/#], Oct 2)

More research

Following Rajasingam's explanation, justice RK Nathan then asked counsel for both the defendants and the plaintiff to conduct more research into the matter of secrecy.

He stated that there were many issues to be addressed in view of secrecy and even suggested that the Bar Council should convene an EGM to discuss the issue, following which he adjourned the hearing to next Monday at 9.30am.

The plaintiff, Raja Segaran, was represented by DP Vijandran and the defendants, the Bar Council, the Malaysian Bar and former Bar chairman were represented by Malik Imtiaz, Dhinesh Baskaran and G Rajasingham.