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Wednesday, October 29, 2014

Bar told to clarify: Can ex-judge be Anwar’s counsel?

Gerakan Youth points to a Malaysian Bar resolution against former superior court judges representing clients in court.
sri ram300PETALING JAYA: Gerakan Youth has asked the Malaysian Bar to explain whether it had given “special exception” to Oppositon Leader Anwar Ibrahim to be represented by a former Federal Court judge in his appeal against conviction on a charge of sodomy.
In a press statement today, Gerakan Youth chief Tan Keng Liang pointed out that the Bar passed a resolution last March that called for an amendment to the Legal Profession Act so that retired higher court judges would be prohibited from representing clients in court.
According to the resolution, the call was based on the “principle of antiquity in common law jurisdictions that a retired judge of a superior court should not practice as counsel before the judges who were previously his colleagues or were his junior on the Bench”.
The text of the resolution states that such conduct may have the effect of intimidating the Bench and could give the perception that the counsel and his client have an advantage over other counsel and adverse parties.
“Such conduct may adversely affect public perception as to the administration of justice,” it adds.
Ex-Federal Court judge Gopal Sri Ram is the lead counsel in Anwar’s defence.
“This is clearly contrary to the resolution by the Malaysian Bar early this year,” Tan said.
“As was argued by the Malaysian Bar to justify their resolution, this matter may affect the public perception as to the administration of justice in our country.
“The Malaysian Bar should offer a public explanation without any further delay.”

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