AG and Bar president may not address opening of legal year

The opening of the legal year, a tradition adopted from the United Kingdom, is scheduled to be held at the Putrajaya International Convention Centre this Friday.

However, the momentous event to mark the beginning of the court calendar may break with tradition this year, with attorney-general Mohamed Apandi Ali and Malaysian Bar president George Varughese seemingly omitted from the line-up of speech makers.

Invitation cards for the event show that the audience will only be hearing from newly-elected Chief Justice Md Raus Sharif.

This is the first time that Raus (photo) will address the opening of the legal year since his predecessor Arifin Zakaria’s retirement in April last year.

Since its introduction in 2010, the opening of the legal year is usually marked with speeches from the attorney-general or a representative of the chambers and the Bar president.

The event, which is usually attended by top judges from the region, is designed to commemorate the principles of defending access to justice and the rule of law, and to remind those actively involved within the legal system of the need to uphold these principles.

Commonly, the event features a procession of higher court judges, followed by officers from the Attorney-General’s Chambers and the Malaysian Bar.

However, it is learnt that Bar Council office-bearers will be giving the event a miss this year.

Asked about the Bar Council’s attendance at the event, Varughese (photo) kept mum, only telling Malaysiakini that its reasons will be made known on the eve of the event.

In August last year, the Bar passed a resolution at its extraordinary general meeting to boycott any social function where Raus and Court of Appeal president Justice Zulkefli Ahmad Makinudin would be in attendance.

This follows the appointments of Raus and Zulkefli to their respective positions despite they exceeding the mandatory retirement age of 66 years and six months, which the Bar had termed “blatantly unconstitutional”.

The Bar had also filed a challenge to the appointments, with the High Court allowing constitutional questions to be posed to the Federal Court.

When former chief justice Zaki Azmi organised the first legal year event in 2010, he reminded judges that a just and impartial judicial system can only be created if the people are confident that members of the government do not have the privilege to dictate and influence the decisions of judges.

Zaki said if judges allowed their decisions to be influenced it would be tantamount to corruption or abuse of power.

"When this happens, they may choose to neglect their own duties and responsibilities that they have undertaken. They will then indulge in sinful deeds and actions.

“Sadly, these corrupt practices will affect the public as a whole,” Zaki said in his speech seven years ago.- Mkini