Ex-judges given go-ahead by Federal Court

The Federal Court has ruled that retired judges can appear in court. This follows a unanimous decision by the apex court today which dismissed an application to prevent retired Federal Court judge Datuk Seri Gopal Sri Ram from appearing for a developer.

Judge Tan Sri Raus Sharif said there was no legal basis to the application by Gan Thian Gee, a director of I-Innovations Construction Sdn Bhd, to have Sri Ram removed.

Raus also ordered Gan to pay RM10,000 in costs to MTM Millenium Holdings Sdn, a land owner.

The bench, however, declined an application by Sri Ram's counsel, Datuk Harpal Singh Grewal, to cite Gan and his lawyer, Gideon Tan, for contempt of court as they had apologised.

Raus also fixed the leave application to appeal in a contractual dispute between I-Innovations and MTM Millenium to Oct 30.

Surprisingly, the Bar Council supported the application to prevent Sri Ram from appearing in court.

Gan, who filed the application yesterday, said Sri Ram's appearance before his peers would undermine the administration of justice.

"There was a great risk that the impartiality of the bench might be questioned again and will be injurious to public interest," Gan said in an affidavit to support his application.

Harpal replied that the Legal Profession Act 1976 did not prevent a retired judge from appearing.

He said the application also violated Sri Ram's right to livelihood under Article 5 of the Federal Constitution.

"Sri Ram can appear in court because he has a valid practicing certificate," he said.

The controversy started in July when Sri Ram said retired judges could appear in court in exceptional case like constitutional and contract cases to assist the court in making decisions.

Sri Ram said he was also aware in several Commonwealth countries that ex-judges retired for good there because the Bar and the Bench there were strong.

Chief Justice Tun Ariffin Zakaria then threw his support behind ex-judges, citing the right to livelihood, love for the law and restraint to trade if the doors were closed.

Bar Council chairman Christopher Leong, in response, said the public may perceive that ex-judges have an unfair advantage because they would be appearing before their friends on the bench.

Leong, who is heads the 13,000-strong Bar in the peninsula, said ex-judges may have worked with or discussed points of law with sitting judges and that it may affect confidence in the judiciary.