PETALING JAYA: The Malaysian Bar stands by its March 15 resolution that retired judges should not appear as counsel.
Malaysian Bar president Christopher Leong issued the statement in response to the debate over retired Federal Court judge Datuk Seri Gopal Sri Ram acting as the lead counsel for Opposition leader Datuk Seri Anwar Ibrahim in the ongoing Sodomy II hearings before the Federal Court.
"The Malaysian Bar will make no further comment whilst the hearing of the appeal is ongoing in the Federal Court," Leong said.
He noted that the Federal Court had ruled that there was nothing in the law prohibiting a retired judge from appearing as counsel.
On March 15, the Malaysian Bar passed a resolution declaring that a retired judge of the superior courts should be prohibited or restricted by law from appearing as counsel in court.
"To achieve that objective, the Malaysian Bar calls on the incoming Bar Council to propose an amendment of the Legal Profession Act 1976 to the Attorney General for urgent presentation to Parliament, and the Bar Council takes all reasonable steps to educate the public on the reasons for the proposed amendment to the law," said the Malaysian Bar in its resolution.
On Wednesday, Gerakan Youth chief Tan Keng Liang called on the Malaysian Bar to explain its stand on Gopal appearing as Anwar's lead counsel.
Tan said that based on the principles the Bar had presented in the resolution, such conduct may have the effect of intimidating the bench and could give perception that the said retired judge or counsel and his client have an advantage over other counsel and parties.
However, Tan, who is also a practicing lawyer, said under the law Anwar was permitted to be represented by Gopal.
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