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The Malaysian Bar expresses its deepest condolences to the families of Datuk Sosilawati Lawiya and the other victims of the recent murders, and conveys its sympathies and support particularly to the family of Ahmad Kamil Abdul Karim, a Member of the Bar.  

We condemn the perpetrators of these heinous crimes, and urge the police to continue their efforts to investigate the incidents exhaustively, and to ensure that those responsible are charged in court as soon as possible.  Nothing should be allowed to detract from the primary focus of the matter, which must be that justice is served expeditiously through the criminal justice system.  The police investigation has been thorough thus far, and we are pleased to note that the police have indicated that they are close to solving the case.

We urge the media and the public to ensure that the rights of all parties, including the persons who have been detained, are protected.  We are concerned that undue allegations or speculation could prejudice or jeopardise the investigation and the outcome of any court proceeding.  The remanded persons are innocent until proven guilty, and must be given a fair chance of defending themselves. 

We reiterate that the Malaysian Bar does not condone any form of misconduct by any of its Members.  We welcome, and support, strict action by the police against errant lawyers.  We have always assisted the police when police reports are lodged against Members of the Bar in relation to their legal practice, and will continue to do so. 

We wish to provide clarification with respect to the powers of the Bar Council, which is a statutory body established to regulate the practice of the legal profession in Peninsular Malaysia.  The Bar Council’s powers are limited, like those of any other professional body, to supervise and regulate the professional conduct of the Members of the Malaysian Bar. 

The Bar Council does not have the authority to inquire into the private conduct of individuals who are lawyers by profession, including matters relating to their private lives, such as their bank accounts and other assets.  Other enforcement agencies, such as the police, Malaysian Anti-Corruption Commission, Bank Negara Malaysia or Inland Revenue Board, have the mandate to conduct such investigations.  Any criminal conduct that falls outside the scope of a lawyer’s professional practice is also beyond the Bar Council’s jurisdiction. 

The Advocates and Solicitors Disciplinary Board is one of the most stringent professional bodies in Malaysia, to the extent that Members of the Bar have complained that it is biased against them.  The Disciplinary Board undertakes a rigorous inquiry into each instance of alleged misconduct by lawyers.  On average, 30 lawyers were struck off during each of the past five years.  Although this represents a mere 0.2% of our total membership, it is indicative of the Malaysian Bar’s commitment to act in the public interest, and our intolerance of any wrongdoing by our Members. 


Ragunath Kesavan
President
Malaysian Bar

21 September 2010