The Malaysian Bar - Lawyer wants to declare resolution in EGM illegal

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Lawyer wants to declare resolution in EGM illegal

Friday, 23 November 2007 06:42pm

EGM • Lawyer seeks court declaration on legality of Bar Council motion

©Bernama (Used by permission)

KUALA LUMPUR, Nov 23 (Bernama) -- A lawyer filed an application today seeking to declare the resolution passed at the Malaysian Bar's Extraordinary General Meeting (EGM) yesterday relating to the controversial "Lingam" video clip as unconstitutional.

Lian Meng Wah claimed that the Bar Council did not have the right under the Legal Profession Act 1976 (LPA) to propose any motion for consideration at the EGM as it is not a member of the Malaysian Bar.

Lian, a member of the Malaysian Bar, filed the originating summons together with his affidavit at the High Court registry here today through Messrs Chambers of Murthi & Partners, Advocate & Solicitors.

He is also seeking a consequential order to set aside the purported adoption of the Bar Council motion yesterday as a resolution of the Malaysian Bar by the members assembled at the EGM.

Lian wants a court order to declare that the purported motion proposed and circulated by the Bar Council at the EGM contravened the LPA and that the call made in the motion was unconstitutional and illegal, ultra vires and not binding on the Malaysian Bar.

He named the Malaysian Bar as defendant.

The motion included the call to support the Royal Commission investigating the "Lingam" video clip as well as to deplore and condemn the manipulation of appointments and promotion of judges by any party which interfered with the independence, integrity and credibility of the judiciary.

The video purported to show a lawyer brokering judicial appointments with a senior judge.

The motion also called upon the government to advise the Yang di-Pertuan Agong to establish a Royal Commission to consider the veracity of the allegations made by V.K. Lingam's brother V.Thirunama Karasu in his police reports where serious allegations of corruption were made against a member of the Bar, a former chief justice, a former attorney-general, a former senior police officer, a former court of appeal judge, a present court of appeal judge, a former high court judge and a former Industrial court chairman.

It also called for an investigation and recommendations for judicial reform and on any aspect of the administration of justice in Malaysia.

Lian also sought an injunction to restrain the Bar Council from publishing, implementing, acting upon, prosecuting or canvassing the purported resolution of the EGM.

A total of 1,562 members attended the EGM yesterday.