Bar defends conflicting stance on MACC’s probe against judges

 

Bar Council president Karen Cheah said there was a new process to handle complaints against judges.

KUALA LUMPUR: The Bar Council has defended its opposition to an investigation by the Malaysian Anti-Corruption Commission against a judge despite previously calling for a probe against a former chief justice for alleged misconduct.

Its president Karen Cheah said the Federal Constitution was amended in 2009 and 2010, outlining the process of lodging complaints against the judiciary.

The mechanism to lodge complaints in 1996 was different then, she said.

“That’s why (the stance taken) is completely different for this case,” she said, referring to the Bar’s opposition to MACC’s investigation of Court of Appeal judge Nazlan Ghazali.

“We now have a new regime and process for this kind of complaints to be managed by the right party, and in this case it (the right party) should be the chief justice.”

Cheah was asked to comment on the Bar’s previous call for the Anti-Corruption Agency – MACC’s predecessor – to probe former chief justice Eusoff Chin for alleged ethical misconduct.

The Bar has been vocal in opposing MACC’s investigation of Nazlan. It had also held a peaceful protest to voice dissatisfaction against alleged judicial intimidation in May last year.

The MACC investigated Nazlan following a report about an unexplained sum of more than RM1 million in his bank account. MACC said the investigation papers had been submitted to the Attorney-General’s Chambers for further action.

The Bar said constitutional procedures should be followed in the probe, contending that the Federal Constitution provided for complaints on alleged judicial misconduct to be handled in a manner that ensured continued public confidence in the judiciary. - FMT