THE president of the Malaysian Bar and chairman of the Bar Council, Karen Cheah, is certainly not one to be cowed by cross-examination – even if it is under verbal fire by three top veterans from the news industry.
Indeed, in an upfront no-holds-barred tête-à-tête with The Vibes’ bosses, she takes on a host of contentious current issues – on the Malaysian judiciary, rogue lawyers, low CLP passing rate, the IPCMC, and the upcoming general election.
The trio goes in straight with the hard question on the perception that the Bar Council is not apolitical and appears to favour one side of the political divide.
During the Bar’s Walk for Judicial Independence on June 17, some civil society figures and political personalities appeared to have “hijacked” the event for their own agenda. Cheah offers her take on this.
The police had prevented the participants from marching to Parliament, and the Bar Council plans to take legal action on this.
Cheah addresses the incident, and the possible breach of statutory duty under the Peaceful Assembly Act 2012 and breach of constitutional right under Article 10. There is also the issue of probable false imprisonment and wrongful confinement as the lawyers were not allowed to move out of the carpark at Padang Merbok where they had gathered.
Cheah also sheds light on the constitutional perspective on Justice Datuk Mohd Nazlan Mohd Ghazali’s recent case.
Should Nazlan have recused himself from the SRC International trial in which he found former prime minister Datuk Seri Najib Razak guilty of graft-related charges? This has been raised especially in view of an investigation instituted later by the Malaysian Anti-Corruption Commission (MACC) on him.
What is Cheah’s stance on MACC disclosing the name of a sitting judge it is investigating while he or she is hearing cases? What about the perception that MACC is in itself a tainted institution, with its own motivations being questionable?
The conduct of lawyers themselves – in orchestrating delays, manipulating the system and time-wasting – is also discussed.
The Malaysian Bar has long been championing the Independent Police Complaints and Misconduct Commission (IPCMC), a separate independent body that oversees the misconduct of police authorities. However, what the country saw was a watered-down Independent Police Conduct Commission (IPCC) bill being passed in the Dewan Rakyat on June 26.
Critics have noted that the legislation does not have the bite to punish rogue policemen, and can only make recommendations. This results in an environment where the authorities can go around acting with impunity, which is something the Bar intends to address.
Finally, the panel discusses the future of the legal profession in Malaysia and the legacy Cheah hopes to leave behind. – The Vibes, August 6, 2022
Presented by Petra News chief executive Datuk Zainul Ariffin Mohamed Isa, executive director Datuk Ahirudin Attan (better known as Rocky Bru) and editor-in-chief Terence Fernandez
Produced by Shazmin Shamsuddin and sound engineered by Ethan Phoon
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