Chief Justice Eusoff Chin should not hear any case until he has cleared himself from allegations of judicial impropriety and misconduct arising from his New Zealand holiday six years ago, DAP chairman Lim Kit Siang said today.

"It is most regrettable Eusoff had disregarded public concerns over his failure to clear the cloud of judicial impropriety and misconduct and public calls that he decline a six-month extension of his service as Chief Justice," Lim said in a press statement today.

He added that Eusoff must be mindful that he had violated the Judges' Code of Ethics 1994 which he had himself authored.

Eusoff announced the approval of the code only weeks before he flew off with his family for their controversial New Zealand holiday, Lim related.

Eusoff told Bernama in an interview then that "the code is for their (judges) own good, to protect and remind them of their duties."

The code was approved on Dec 4, 1994 and gazetted three weeks later, while Eusoff was holidaying in New Zealand.

It was meant to establish standards for ethical conduct of judges so as to enhance public confidence that Malaysia has an independent, fair and competent judiciary to deliver justice to all and to "regulate the conduct and performance of judges and to specify disciplinary action against them".

Part of the code states that a judge shall not (a) subordinate his judicial duties to his private interests; (b) conduct himself in such manner as is likely to bring his private interests into conflict with his judicial duties; and (c) conduct himself in any manner likely to cause a reasonable suspicion that: (i) he has allowed his private interests to come into conflict with his judicial duties so as to impair his usefulness as a judge; or (ii) he has used his judicial position for his personal advantage.

According to the code, any breach in the charter may constitute a ground for the removal of a judge from office.

"For Malaysia, the code sets out the accountability of the judges. A judge must expect to be the subject of constant public scrutiny," Lim said.

"A judge must therefore accept restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly."

Allegations against Eusoff were sparked off last month when de facto law minister Rais Yatim gave a radio interview in Australia, saying that it is "improper behaviour" for a judge to holiday with a lawyer who appears in court cases before him. ("[#1] Improper to holiday with lawyer, Chief Justice told[/#] ", May 30)

Eusoff was photographed during his New Zealand holiday with prominent lawyer V.K. Lingam.

Lingam represents tycoon Vincent Tan in a law suit against veteran journalist M.G.G Pillai, whose appeal in the Federal Court, the country's highest court, was heard by a three-member panel headed by Eusoff.

Although Eusoff had said that he had "coincidentally bumped" into Lingam in New Zealand, malaysiakini and <>Asian Wall Street Journal

had reported that Eusoff and Lingam flew together with their families for their Christmas holiday in Auckland and Christchurch from Singapore to New Zealand and back to Kuala Lumpur.

The Chief Justice reached the mandatory retirement age of 65 yesterday and the Agong has approved an extension of his tenure by six months.

According to the Federal Constitution, the term of Chief Justice, the highest position in the judiciary, can be extended for not more than six months from the date of compulsory retirement upon approval by the King.