“Woe betide the day an individual or a body of persons is capable of controlling
the head of the judiciary and the head of the Bar.”
“LAWYERS don't walk every day. They don't walk every month. They don't even walk
every year. This is the third time lawyers are walking,” said Ambiga Sreenevasan,
chair of the Malaysian Bar Council before the start of the “Walk for Justice”
last Wednesday. (Click
here to view the Picture Gallery)
How true.
There were only two other occasions when lawyers walked in the 60 years of the
Malaysian Bar's history.
On April 7, 1981, about 200 lawyers marched from the Lake Club to Parliament
House to protest the tabling of the Societies (Amendment) Bill 1981.
Then on Dec 4, 1998, about 100 Kuala Lumpur-based lawyers marched on the Court
of Appeal in support of lawyer Zainur Zakaria who was appealing against a
three-month jail sentence for contempt in the trial of Datuk Seri Anwar Ibrahim.
On Sept 26, about 2,000 lawyers walked in the spirit of
camaraderie for 3.5 kilometres from the Palace of Justice to the Prime
Minister's Department, and then stood in the rain in support of their leaders
who later submitted two memoranda to the Prime Minister's Office, urging the
government to set up a Royal Commission of Inquiry to probe the state of
judiciary and a commission on judicial appointments and promotions.
In fact, it was unwise earlier on for the police to stop seven buses ferrying
lawyers from entering Putrajaya. By making these 200 stranded lawyers - who are
mainly younger ones who hitherto had hardly experienced any deprivation of
rights - walk an extra five kilometres or so from the highway to the Palace of
Justice, this long march will now surely ignite a spark in their hearts to take
up issues affecting the citizens’ rights.
The Sept 26 “Walk for Justice” was peaceful, symbolic and meaningful. Lawyers,
regardless of age, race, religion (including Muslim lawyers despite their
fasting) and gender, had come out from the comforts of their air-conditioned
rooms on a working day to make a statement - obviously not a political one, for
otherwise they would have donned their black robes walking down the boulevard,
comparing themselves with the red-robed monks marching in the streets of Yangon.
While the walk by members of this noble profession may have warmed the cockles
of many hearts, the idea to walk has also appeared to be anathema to some.
Immediately, de facto Law Minister Datuk Seri Nazri Aziz described the conduct
of the lawyers as “unbecoming". The Sin Chew Daily even reported the
lawyer-turned-politician going as far as to describe those who participated in
the walk as having the brains of an opposition party when in fact many of the
brains who took part are members of Barisan Nasional component parties.
Then Bernamaquoted Information Minister Datuk Seri Zainuddin
Maidin calling on members of the Bar to set up a commission to investigate the
“unprofessional conduct of their leaders".
Well, it is hoped that by now, the minister has cooled down a little. In fact,
Nazri is correct to say that currently the Bar and the government enjoy an
excellent working relationship. This is, in no small measure, attributable to
the minister and the Bar Council appreciates it. It cannot be gainsaid too that
“Walk for Justice” had been possible because of the openness practised by the
Abdullah administration.
In fact, both the minister and the Bar are on the same track in protecting the
judiciary, except that each is looking at the issue from a different angle. The
minister is concerned that the lawyers’ action would undermine public confidence
in the judiciary. The lawyers, on the other hand, being stakeholders in the
administration of justice, are concerned with what they saw and heard in the
video clip. They now find themselves in the vanguard against bad judges when the
video clip has threatened the independence of the judiciary.
As former lord president Tun Mohamed Suffian said: “The two essentials of the
rule of the law are the independence of the Bar and the independence of the
judiciary.”
Woe betide the day an individual or a body of persons is capable of controlling
the head of the judiciary and the head of the Bar.
In fact, to lawyers, this episode which is more important than the nude-squat
incident, affords the Abdullah administration an opportunity to set up a Royal
Commission of Inquiry to restore public confidence in the judiciary which has
been severely eroded since the 1988 judicial crisis.
In any event, the Bar Council has postponed the extraordinary general meeting
fixed for Saturday, maybe to a date after the independent panel's report.
Members of the investigation panel can expect the Bar to go through its report
with a fine-toothed comb.
The oft-misunderstood role of the Bar is best explained by former prime
minister, Tun Hussein Onn: “It is the duty of the legal profession to uphold the
cause of justice without fear or favour. To effectively discharge this role, the
profession must remain independent and be seen to be so. The Bar has a duty to
speak up on matters of public interest affecting citizens’ rights and comment on
proposed legislation affecting such rights.
“In doing so, the Bar must be constructive and must conduct itself with decorum.
The government must appreciate the role of the Bar and be respectful of its
comments - even when it differs with the profession's views.”
Roger Tan is a member of the Malaysian Bar Council.
Walk for Justice written by Tan Yu Chai (via email),
Monday, October 01 2007 11:26 am
Dear Members of the Bar,
I am writing as a Malaysian who by training an accountant rather than a lawyer.
I want to record my highest regards for the courage, resolve and determination of the Members of the Bar and your Council who took part in the Walk for Justice.
Yes, this walk may be just the beginning and until and unless we see the country is returned to its glorious days of Judicial Independence and Integrity, we shall not rest! If the judiciary can be compromised for personal gains and if it can be 'bought', when then is the redress for the man on the street when the very foundation of this nation is pulled away under us?
Let's push on, not just the Bar alone, but for all of us Malaysians whose conscience cannot rest until we see the foundations of this great nation of us are solidly rebuilt for the many generations after us!
Tan Yu Chai (via email)
MORE MARCHERS, IF NOT FOR ... written by Stephen Tan Ban Cheng,
Monday, October 01 2007 01:31 pm
My dear Roger
If not for it being the fasting month, police mounting road blocks, and the Deputy Prime Minister's announcement of the setting up of a three-man panel announced in the newspapers a day earlier, I am sure that easily another thousand of my learned friends would have turned up!
Mind you, Court cases were going on normally as well, although many litigation lawyers were there to bond with their fellow brothers and sister-at-law.
And yes, it was a real bonding done in sweat and water later provided by the rain. Although drenched to the skin, I feel proud to be part of the learned profession. And I saw for myself the multi-racial character of the participating marchers. This speaks for justice being not just blind, but also blind to all races.
The resultant blisters and the common cold were all worth it.
With the benefit of hindsight, had the right signals been sent, there would never have been a march. The march and the overwhelming support for it occurred because the wrong signals were sent.
The march is for justice, let no one dispute that. We need a Judiciary that is always stamped by Independence, Impartiality and Integrity.
May the Lord bless my country with these basics for the good of all Malaysians.
Stephen Tan Ban Cheng
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Dear Members of the Bar,
I am writing as a Malaysian who by training an accountant rather than a lawyer.
I want to record my highest regards for the courage, resolve and determination of the Members of the Bar and your Council who took part in the Walk for Justice.
Yes, this walk may be just the beginning and until and unless we see the country is returned to its glorious days of Judicial Independence and Integrity, we shall not rest! If the judiciary can be compromised for personal gains and if it can be 'bought', when then is the redress for the man on the street when the very foundation of this nation is pulled away under us?
Let's push on, not just the Bar alone, but for all of us Malaysians whose conscience cannot rest until we see the foundations of this great nation of us are solidly rebuilt for the many generations after us!
Tan Yu Chai (via email)