Malaysian Bar's response to Malaysiakini article dated 1 December 2008
Contributed by Ambiga Sreenevasan
Tuesday, 02 December 2008 01:09pm
The Bar Council is not unfamiliar with criticism, calls for the resignation of its members and other attacks against it.
A few weeks ago, the Bar Council was said to be too political with an implication that we were pro-Opposition. Today a member of the Opposition has launched an attack against us calling for our members to resign over two issues with an implication that we are pro-Government. This in itself evidences our independence.
In respect of the matter of the Chief Justice having allegedly stated that he had bribed court staff when he was in practice, the Chief Justice subsequently issued a denial on 9 November 2008. We have not heard nor seen any evidence to contradict this denial and it would be wholly inappropriate and unfair, in these circumstances, for the Bar Council to take the position suggested by Mr Karpal Singh. This accords with the best traditions of the Bar not to prejudge any issue and to afford everyone a fair chance to be heard.
As for the dinner held in April 2008, the Bar Council viewed this as a positive step forward in the reform of the Judiciary as it was at this dinner that there was a public acknowledgement by the Government of the injustice of the 1988 crisis upon the dismissed Judges. We viewed this and other announcements made by the Prime Minister as meaningful and positive steps towards judicial reform which we believe are critical.
WITHOUT FEAR OR FAVOUR written by Ding Chu Teck,
Tuesday, December 02 2008 03:50 pm
The lion may roar, but we act without fear or favour.
Ding Chu Teck
I am not with you Dato'! written by Visvanathan Murugiah,
Tuesday, December 02 2008 04:18 pm
Dear Dato',
I am not a member of any political party. The following views are my personal views as a fellow member of the Bar.
1) The alleged statements regarding the act of bribing court staff in the past warrants further investigation. The clarifications later made by the CJ is not very clear. The Bar should have made demands that the matter be investigated. If the investigations reveal that he had done no wrong then let the matter rest. But the issue of us accepting the "clarification" and not having "seen" or "heard" the evidence to contradict the denial is not for us at this moment. Question is :Were investigations warranted in the circumstances? I say yes. Only then will public confidence in the judiciary be upheld.
2)On the isssue of the bar dinner hosted by the Bar and paid by the government. I am of the view that the Bar should remain apolitical at all times.For this to be achieved, the Bar must pay for its own dinners. In my humble view we must decline any offers for our dinners to be paid by the opposition or the government. We must jealously guard our independence and apolitical stand at all times.
Visvanathan Murugiah
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The Bar Council is not unfamiliar with criticism, calls for the resignation of its members and other attacks against it.
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The lion may roar, but we act without fear or favour.
Ding Chu Teck