KUALA LUMPUR: The Malaysian Bar has passed a no-confidence vote against Attorney-General (AG) Tan Sri Idrus Harun for his failure to defend the Rule of Law.
The Bar also criticised Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said for meddling with her former boss Datuk Seri Najib Razak's related court case.
The Bar, in its extraordinary general meeting (EGM) today, passed the motion due to the alleged failure of the duo to defend the judiciary from attacks after the sentencing of former prime minister Datuk Seri Najib Razak last year.
The Bar also admonished Azalina for her conduct, claiming that her letter to Najib's defence team had undermined the judiciary's independence.
In the letter dated March 20, Azalina confirmed that the Malaysian Anti-Corruption Commission (MACC) in their investigation against Court of Appeal Judge Datuk Mohd Nazlan Mohd Ghazali concluded that the latter had violated the Judges Code of Ethics when presiding over Najib's corruption charges involving the SRC International case.
Nazlan who was then a High Court Judge, had convicted and sentenced Najib to 12 years' jail and RM210 million fine for misappropriating RM42 million of SRC International funds.
"The Malaysian Bar is dismayed with the AG's public silence and inaction in the face of such unwarranted attacks and allegations of corruption against Nazlan.
"This is a dereliction of duty by the AG.
"The Malaysian Bar deplores the action of MACC in the making of the report, the timing and manner in which it was issued and the purported conclusion contained therein which is not within the purview of MACC's powers," it said in a statement.
The Bar also mandated the Bar Council to give notice to the A-G to bring contempt proceedings against those responsible for the attacks against the judiciary.
"Failing which, the Bar Council shall consider and, if deemed fit, commence such contempt proceedings or any other proceedings or actions in affirmation of the resolutions.
"We reaffirm our commitment to defend the independence of the judiciary and the Rule of Law without fear or favour.
"We condemn the actions of all those persons who have undermined the independence of the judiciary, scandalised the administration of justice and violated the Rule of Law," it said.
On April 7, 14 former Malaysian Bar presidents hit out at certain quarters for what it called an "unacceptable level of intimidation against judges".
In a joint statement, the former presidents singled out the MACC for acting outside its scope of investigatory powers, Azalina for revealing contents of an MACC investigation and Idrus for keeping quiet about the attacks against the judiciary.
The statement said the continuing intimidation of the judiciary by "irresponsible actors" in connection with the SRC case was a danger to the rule of law in our country particularly where 14 judges had already considered the case, and 13 of them had handed down reasoned judgments upholding the conviction. - NST
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