The Bar Council has resolved at its extraordinary general meeting (EGM) today to urge the judiciary to take a more proactive role in supporting the Bar's quest for judicial reforms.

Malaysian Bar president S Ambiga said there was a overwhelming agreement by the 1,562 members who attended the meeting that the judiciary should get involved.

We want the judiciary to step up and show their support for judicial reforms, for a royal commission and the judicial appointments commission, she told a press conference after the EGM tonight.

"I hope for a positive response form the judiciary. I believe a change is taking place.

"I'm certainly hopeful to meet the acting chief justice (Abdul Hamid Mohamad). As long as we can meet and discuss, we can move forward," Ambiga said.

The EGM was initially slated for Oct 6 but was postponed after the government formed a panel to investigate the authenticity of the video clip that showed senior lawyer VK Lingam talking on the phone, apparently brokering the appointment of judges with former chief justice Ahmad Fairuz Sheikh Abdul Halim, who was then chief judge of Malaya.

After the panel led by former chief judge of Malaya Haidar Mohd Noor had revealed that the panel failed to get a single report after three weeks, the EGM was fixed for today.

The closed-door meeting which started at 3pm in Wisma MCA in Kuala Lumpur kicked off with the notorious Lingam video being shown on a big screen. The meeting ended four hours later.

Terms of reference

Another motion passed unanimously was the council's recommended terms of reference to the royal commission of inquiry into the controversial issues raised in the 'Lingam tape'.

The wide terms of reference that the council is hoping for include:

a) To enquire into, consider and determine the circumstances of the video recording, and the veracity of the assertions made by the person appearing in the said recording.

b) To enquire into, consider and determine the following:

(i) the manner, nature and extent of involvement (if any) of all parties mentioned in the video recording and the nature of their dealings with the executive and the judiciary in connection with the appointment and promotion of judges;

(ii) the manner, nature and extent of involvement (if any) of all parties mentioned in the video recording directly or indirectly in cases before the courts in Malaysia;

(iii) all acts carried out by the judges mentioned in the recording with specific regard to the basis of their appointments and promotions; and

(iv) generally, the appointment and promotion of judges, including the procedure, methodology and criteria applied.

(c) To enquire into, consider and determine the veracity of the allegations made by VK Thirunama Karasu as contained in the two police reports lodged by him wherein serious allegations of corruption have been made against various prominent individuals.

(d) To investigate and to make recommendations for judicial reform and on any aspect of the administration of justice in Malaysia.

Wants active participation

Other resolutions passed today included the continuous pressure on the government to set up a judicial appointment commission and an internal issue on the Bar Council elections.

However, a motion to move a 'symbolic one-hour boycott of the courts' was adjourned in good faith pending the findings of the royal commission.

"We have in good faith adjourned that (to be discussed) at our annual general meeting in March because we want to see how and what takes place in the commission," she said.

Ambiga hoped that the Bar would be invited to participate actively once the royal commission of inquiry is established.

"We hope to assist in the royal commission's proceedings in anyway. We already have a special team set up," she said.

According to Prime Minister Abdullah Ahmad Badawi, details surrounding the setting up of the royal commission will be made known next week.

Also present at the press conference were Malaysian Bar vice-president K Ragunath, secretary Lim Chee Wee and treasurer George Varughese.

SPECIAL REPORT: The Lingam tape