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Number of Members present: 573

Motion 1:

(i) The Malaysian Bar is perturbed over the suspension of the Lord President, the Head of the Judiciary, ostensibly over the matter of a letter to DYMM the Yang Di Pertuan Agong.

(ii) The Malaysian Bar further views with grave disquiet the way in which events have developed since Friday the 27th May, 1988. There are serious and material discrepancies between the Government’s version and that of the Lord President’s. The Malaysian Bar strongly believes that public confidence in the administration of Justice has been gravely undermined and it is therefore imperative that the truth be established and the public informed as to the actual events with regard to the allegations against the Lord President.

(iii) The Malaysian Bar therefore urges this Government to:-

a. make public in full the allegations against the Lord President;

b. convene the Tribunal forthwith;

c. ensure that the Tribunal comprises of independent persons of high judicial standing and repute;

d. hold the proceedings of the Tribunal in public.

Resolution (iii) amended by deleting (b) and (c) and substituting the following:

The Malaysian Bar, in view of:

1. the importance of the proceedings at the Tribunal, unprecedented in Malaysia, set up to inquire into the alleged misbehaviour of the Lord President; and

2. the serious repercussions to the independence and standing of the judiciary as a result of the appointment of such a Tribunal and its proceedings.

IT IS RESOLVED THAT

The Bar Council forthwith instruct counsel to appear before the Tribunal, with leave of the Tribunal if necessary, during the proceedings to:

a. hold a watching brief on behalf of the Council; and

b. render such assistance as the Tribunal may require.

Proposer: Mr Anthony Rocky Fernandez
Seconder: Mr M. Puravalen

Proposed amendments by Encik Zainur Zakaria and seconded by Mr Bachan Singh:

(i) the Malaysian Bar respects and strongly supports the decision of Tun Salleh Abas to face the Tribunal.

(ii) in recognition and appreciation of the well established legal principle, the Malaysian Bar supports Tun Salleh’s request that he be tried by his peers and therefore express grave disappointment over the composition of the Tribunal.

(iii) In view of the apparent conflict of interest situation and in recognition and appreciation of the well established and recognised principle that justice must not only be done but must be seen to be done, the Malaysian Bar urges the Chief Justice, Tan Sri Hamid Omar to relinquish or withdraw his Chairmanship of the Tribunal.

(iv) In the interest of justice the Malaysian Bar strongly supports Tun Salleh’s request that the entire proceedings of the Tribunal be opened to the public who are entitled to know the truth.

Resolution:

The Motions as amended were adopted with an overwhelming majority with only Mr Kanesalingam voting against it.

Motion 2:

(i) The Malaysian Bar hereby affirms the Declaration on the Independence of the Judiciary;

(ii) The Malaysian Bar hereby resolves that the Bar Council shall set up a Standing Committee for the Defence of the Independence of the Judiciary with the following terms of reference:-

a. to monitor collate and compile all relevant information, news and legislation pertaining to recent erosion of Independence of the Judiciary;

b. to publish and disseminate the Declaration on the Independence of the Judiciary to the Malaysian public through all lawful means including the taking up of advertisement space and publications;

c. to conduct and participate in talks, lectures, seminars and other meetings at both national and state levels explaining the basis of constitutionalism and the concept of Independence of the Judiciary being a vital component of constitutional democracy;

d. to do all other things incidental and necessary thereto.

(iii) The Malaysian Bar resolves that the Standing Committee shall be made up of representatives from all State Bars with the participation of the Sarawak and Sabah Bars as well.

(iv) The Malaysian Bar hereby resolves that the Bar Council shall invite, organise, collect, afford and ensure all necessary financial, research and other resources, support and assistance to this Standing Committee to conduct its activities and the Bar Council be mandated to do all that is necessary to carry out the solemn pledge affirmed in the Declaration of Independence of the Judiciary, the independence of the Bar including, but not limited to, assisting the Lord President and his legal advisers in every possible way to enable him to duly face and answer the charges brought against him.

(v) The Malaysian Bar hereby endorses and affirms the public statements issued and action taken hitherto by the Bar Council in relation to the current developments relating to the Judiciary.

Proposer: Mr Philip Koh
Seconders: Tuan Haji Sulaiman Abdullah and Dr. Lloyd Fernando

Resolution:

The Motion together with amendments were unanimously adopted.