The recently concluded 2006/2007 Bar Council elections witnessed another dismal response as less than 4,000 members from the approximately 12,000-strong Malaysian Bar voted.

According to an announcement on the Bar's official website , only 3,764 members returned their ballots after a total of 12,033 ballot papers were issued via post to all members about a month ago.

This is not new as the previous 2004/2005 election also saw only 30 percent of the members returning their ballots. The election allows members to chose 12 members to sit on the council together with other office bearers.

It was then revealed that this was the usual number of members that participate in the council elections.

When contacted, Bar Council chairperson Yeoh Yang Poh said he was also puzzled by the poor response.

"I don't think time-factor has anything to do with the poor response. It does not take long to open the ballots, ticking 12 candidates and returning them. Perhaps it is just the general indifference in Malaysian voters," he added.

Irrelevant council?

However, Kuala Lumpur lawyer Shamsul Iskandar Mohd Akin believed that the council's failure to address 'bread and butter' problems faced by lawyers is the cause.

"The role of the Bar Council has little relevance to most of us as they fail to protect the welfare of members. For example, has the council done anything to help lawyers in facing the current economic downturn? No, it has not.

"They could have done many things including lowering our practising certificate fees and find ways to decrease the costly professional indemnity insurance cover we have to pay," he said.

Another lawyer from Selangor who requested anonymity concurred with Shamsul's view stating that unless the council shows more commitment in solving the 'basic problems', he will not bother to participate in the polls.

"I don't see why I have to waste my time taking part when nothing is done to take care of my welfare and thousands of small-time lawyers like me. They are not very relevant to us," he said.

Adequate attention

Responding to the allegations, Yeoh denied that the council failed to raise such issues.

"We think we have given adequate attention to such issues because we know that it affects our members. For example the SRO (solicitors' remuneration order - which bars lawyer from giving discounts on professional fees), we have done a lot to ensure its enforcement."

As for the costly indemnity insurance for legal practitioners, he said that the council has made headways to provide better deals for lawyers.

"We faced difficulties in the past because there was insufficient data on members' claims due to the confidentiality clause. But we have overcome the problem and expect to get the data next year from where we would be able to offer better deals for members," he added

He also questioned those holding similar views with Shamsul if they had read the council's report on the issue which clearly showed that things have improved.

"So it clearly shows that the allegation that we have not addressed bread and butter issues are wrong. But for the sake of argument, let's assume the facts are right, isn't it all the more reason for them to participate in the election.

"If you think the council has failed to fulfill its duties, then you should take the initiative to ensure that new members are voted who can ensure better services for the members," he said.

New faces

Meanwhile, the election results showed new faces in the line-up as former Bar presidents Hendom Muhammad and Sulaiman Abdullah were the favourites among the 32 nominees after securing 2,310 and 1,934 votes respectively.

The other 10 were Low Beng Choo (1,696), former president Kuthubul Zaman Bukhari, Haji (1,582), Cecil Rajendra (1,569), Hamid Sultan Abu Backer (1522), Yasmeen Shariff (1,500), former president Mah Weng Kwai (1,489), Zulkifli Noordin (1,380), Jerald Gomez (1,369), Edmund Bon (1,363) and, current secretary Ragunath Kesavan (1,281).

The results will be official when it is confirmed that all 12 fulfill the requirements of section 46A of the Legal Profession Act which bars lawyers with less than seven years' experience, members of Parliament, state assembly representatives, and office-bearers in trades union and political parties from being elected as Bar Council members.

The youngest contender, Bon, 31, who is known for handling human-rights related cases, said he was "surprised and humbled" by the results.

"It was a big surprise. I know this means that hard work awaits me. I hope I can fulfill the expectations. I'd like to thank all who have supported me," he added when contacted.

Another new face Zulkifli, known for being part of the legal team representing former deputy prime minister Anwar Ibrahim, said he was looking forward to work with the senior members of the council.

"I hope to help the Bar increase the lobby to amend the LPA to decrease our one-fifth quorum requirement for our general meetings which proves to be a nuisance to the running of the Bar," he said referring to the court saga that caused the 58th general meeting to be declared unlawful.

"I also hope to use the council as a effective platform to highlight issues faced by lawyers practising syariah law and support the streamlining of syariah law throughout the country."

The 12 will officially take office beginning March next year after the council's AGM. They together with the past president and vice presidents, heads and deputies of 11 state Bar committees will then elect the new office bearers.