The Malaysian Bar will not be commenting further on the issue of retired judges appearing in court as counsel while the Anwar Ibrahim appeal case is ongoing.

 

Its president Christopher Leong said the Bar’s resolution on the issue is clear, and it has read the opinions made about its stand with “interest and quiet amusement”.

  

“Although for different reasons, a common issue and concern of the Malaysian Bar relating to both the appointments and appearances of the lead prosecutor for the Respondent and the lead counsel (a retired judge) for the Appellant in the said appeal is that justice might not be done, or might not be perceived to be done.

 

“Apart from the above, the Malaysian Bar will make no further comment whilst the hearing of the appeal is ongoing in the Federal Court,” Leong ( above, right ) said in a statement today.

 

The Bar statement said the Federal Court has ruled that there is nothing presently in law that prohibits a retired judge from appearing as counsel in court.

 

In addition, it said the Court has also decided there is nothing improper with the appointment and appearance of the lead prosecutor Anwar’s appeal. 

Addressing perception

 

The resolution states that the Bar Council should urge for the amendment of the Legal Profession Act 1976 to prohibit or restrict former superior court judges from appearing as counsels in court.

 

Among other reasons, this was done supposedly to prevent the former judges from intimidating the presiding judges. 

It is also to avoid giving the perception that hiring former judges as lawyers would give their clients an edge.

 

The issue was raised on Tuesday, after retired Federal Court judge Gopal Sri Ram made his appearance as lead counsel for Anwar’s defence team.

 

It was the first day of Anwar’s appeal at the Federal Court against his Sodomy II conviction.

 

Among those who have voiced concern are Gerakan youth chief Tan Keng Liang and DAP parliamentarian Lim Lip Eng, both of whom are lawyers and both cited the Malaysian Bar resolution.

 

“Gerakan Youth urges the Malaysian Bar to clarify whether there was any special exception granted to the Pakatan de facto leader to be represented by a former Federal Court judge,” Tan said.

 

However, law professor Abdul Aziz Bari pointed out it is a constitutional right for each person to appoint a their choice of legal counsel.

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