Bar to hold EGM over judiciary’s independence

 

The quorum for the EGM is 500 members of the Bar and the meeting will be dissolved if this requirement is not met by 3pm.

PETALING JAYA: The Malaysian Bar will hold an extraordinary general meeting (EGM) to debate a motion on the judiciary’s independence and “upholding the rule of law”.

The Bar said this was in response to a petition by 173 members for the EGM to be held. The meeting will be held on May 10, at 2pm, in Wisma MCA’s San Choon hall.

“The quorum shall be 500 members of the Bar and the EGM shall be dissolved if a quorum is not present by 3pm. Should the quorum be reached at any time between 2pm and 3pm, the meeting shall commence immediately,” the Bar said in a circular.

Last week, FMT reported that 175 lawyers petitioned to convene an EGM of the Malaysian Bar to debate a motion condemning “scurrilous attacks” on the judiciary.

The motion was proposed and seconded by two senior members of the Bar, which has about 22,000 members, a source said.

In its motion, the lawyers cited the alleged attacks against Court of Appeal judge Nazlan Ghazali, the trial judge for former prime minister Najib Razak’s SRC International case.

The lawyers want the Bar to reaffirm its commitment to defend the judiciary’s independence and the rule of law, and to condemn any actions that undermine the judiciary’s independence and “scandalise the administration of justice”.

The lawyers also want the Bar to condemn law and institutional reform minister Azalina Othman Said’s conduct in confirming the Malaysian Anti-Corruption Commission’s (MACC) findings about Nazlan in a March 20 letter to Najib’s solicitors.

They also want the Malaysian Bar to declare “no confidence in the attorney-general for his abject failure to defend the judiciary from these attacks and to uphold the rule of law”.

In the past year, the judiciary has come under scrutiny for its handling of Najib’s SRC appeal. This was intensified further by an MACC letter dated Feb 20 sent to Chief Justice Tengku Maimun Tuan Mat.

In the letter, it said its investigations had concluded that Nazlan, who convicted Najib, might have breached the judges’ code of ethics. The investigation was triggered by allegations that unexplained sums of money had been deposited into the judge’s bank account.

Four days later, a seven-member Federal Court panel led by Tengku Maimun accused MACC of not following protocol when conducting its investigation into Nazlan.

In a judgment delivered in a case brought by three lawyers against MACC, Tengku Maimun said investigative agencies must consult the chief justice before initiating a probe against a superior court judge.

In July 2020, Nazlan, then a High Court judge, convicted Najib on charges of abuse of power, money laundering and criminal breach of trust over RM42 million in funds belonging to SRC International.

He sentenced Najib to 12 years’ jail and fined him RM210 million. Najib’s appeal to the Court of Appeal was dismissed in December 2021, while the Federal Court upheld the conviction and sentence on Aug 23.

Najib began serving his 12-year prison term immediately following the Federal Court decision.

On March 31, a separate Federal Court bench dismissed Najib’s application for a review of his conviction and sentence by a majority of 4-1. Chief Judge of Sabah and Sarawak Rahman Sebli issued the sole dissenting opinion. - FMT