JOHOR BARU – The Malaysian Bar is determined to continue working on critical issues such as judicial independence and institutional reforms to uphold democratic values during its leadership’s new term.
Reappointed for a second term on March 18, its president Karen Cheah said the Bar will also continue its condemnation of the police force for interfering with the right to peacefully assemble.
“These are works which I had embarked on since I took office last March 2022, and will persevere to pursue in this coming term,” she said.
“Critical issues such as judicial independence in the form of a Commission of Judges’ Remuneration as well as the condemnation of the Royal Malaysian Police on their wrongful conduct against the Malaysian Bar with respect to the right to peacefully assemble.”
She also emphasised the need for political funding legislation in the country, and, most importantly, an alternative to a professional indemnity insurance scheme for members of the Bar by way of a self-indemnity fund.
Speaking to The Vibes, she said these are “a fraction of the multitude of things” the Bar worked on in the last term.
Last term, Cheah had said that the Malaysian Bar submitted more than 60 working papers to the Law and Institutional Reforms Ministry for crucial changes to the branches of government as well as updates to archaic laws.
“These are ongoing initiatives that must be seen through via our advocacy and continued engagements with our government of the day and the various civil societies,” she added.
Cheah, along with three other office bearers (vice-president, secretary and treasurer), was re-elected to the Malaysian Bar’s leadership on Friday. She lauded all appointed members for striving to create a sense of unity among Malaysian lawyers.
“Perhaps many things can happen externally (the changing of governments of the day in the last five years of our nation) but the Malaysian Bar and members were constant in holding on to our values.
“We were collective in our decisions and we were mindful of the implications of our decisions which would have an impact on the nation,” she added.
In August last year, eight former Bar presidents expressed their full support for Cheah in her vocal defence of judicial independence.
They declared that they stood with the judiciary as the institution allegedly faced an onslaught of attacks from individuals attempting to strike fear in judges and undermine their independence.
“We, thus, stand with the Malaysian Bar who will defend the brave judges for upholding their oath of office without fear or favour,” they said in a joint statement signed by Zainur Zakaria, Datuk Mah Weng Kwai, Datuk Kuthubul Zaman Bukhari, Datuk Yeo Yang Poh, Datuk Ambiga Sreenevasan, Datuk Lim Chee Wee, Steven Thiru, and George Varughese.
Last month, Cheah had taken the Malaysian Anti-Corruption Commission (MACC) to task over its report to Chief Justice Tun Tengku Maimun Tuan Mat on its investigations into Court of Appeal judge Datuk Mohd Nazlan Ghazali, specifically over alleged breaches of judicial ethics.
She had said this matter is outside the enforcement authority’s purview. Stressing that the powers of the MACC pertain to corruption, she pointed out that the code of ethics applying to judges is within the purview of the Judicial Ethics Committee.
Such an investigation, she explained, could result in the anti-corruption agency exceeding its statutory powers.
The Federal Court had ruled on February 24 that the MACC’s investigation against Nazlan had failed to adhere to protocols.
Delivering a ruling on a suit brought by three lawyers – Haris Ibrahim, Nur Ain Mustapa and Sreekant Pillai – to challenge the MACC’s probe, Tengku Maimun pointed out that enforcement authorities are required to consult the chief justice before initiating any probe.
“Their failure to inform shows that there was a lack of bona fide on their part.
“The announcement (made by the MACC through the media) is enough to damage judicial independence,” Tengku Maimun was quoted as saying in the judgement. – The Vibes, March 21, 2023
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