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Malaysian Bar must probe allegations of ‘case fixing’, restore public confidence in legal profession

A series of text messages has sent tongues wagging and the legal fraternity buzzing.

Two senior lawyers have been linked to the messages which hinted that court decisions could be influenced. Rosli Dahlan and Datuk Lim Chee Wee had issued denials and even lodged police reports to clear their names.

The matter caught the attention of Chief Justice Tun Tengku Maimun Tuan Mat, as her special officer had, on June 7, lodged a police report against a lawyer for allegedly bringing the judiciary into disrepute.

Malaysian Bar president AG Kalidas had, on Saturday, called the alleged act “disgraceful and unbecoming of a member of the legal community.”

“The Malaysian Bar does not tolerate such unscrupulous and unethical behaviour, which will inevitably tarnish the good name of the profession,” said Kalidas.

The Malaysian Bar said it would let the police investigate the allegations.

The latest episode comes a year after the legal fraternity was rocked by former Attorney-General Tan Sri Mohamed Apandi Ali’s allegation, which implicated a senior lawyer and former prime minister Tun Dr Mahathir Mohamad.

Apandi claimed Datuk Seri Gopal Sri Ram, accompanied by another lawyer Tey Jun Ren, had met him at his home and allegedly said: “He (Dr Mahathir) wants you to arrest (Datuk Seri) Najib (Razak) at his office. You go tomorrow at 2pm. We have arranged for the police in Putrajaya to do what is necessary on your instructions. We have also arranged for a magistrate to issue the remand order when he is brought before him or her.”

Sri Ram, a former Federal Court judge, retaliated by saying Apandi had attempted to frustrate the 1Malaysia Development Bhd trial involving Najib.

The Malaysian Bar, however, was quiet about the episode.

Perhaps its then-president did not see the need to comment about the damning allegation by a former Attorney-General against two of its members. And the matter seemed to have been quickly forgotten.

Yet, allegations that cases and judges can be “fixed”, persist.

Remember the ”correct, correct, correct” episode involving Datuk V.K. Lingam concerning the illegal intervention into the judicial appointment process of Malaysian judges? It saw the setting up of a Royal Commission of Inquiry.

Perhaps it is time for the Malaysian Bar to take the extra step by investigating such claims, especially when police reports had been lodged. This could perhaps, clear the air and the names of those involved. Name dropping, especially in a way that implicates the judiciary, must stop.

Senior lawyer Datuk Seri Jahaberdeen Mohamed Yunoos admitted the Malaysian Bar cannot investigate every allegation.

“However, in this latest case, the Chief Justice has done the right thing to protect the reputation of the judiciary by lodging a police report. The Malaysian Bar may want to conduct its own internal investigation,” Jahaberdeen told Twentytwo13.

“This will restore public confidence, that the Malaysian Bar is taking the matter seriously, and that the Bar is proactive and supportive of the Chief Justice’s move.”

Jahaberdeen also highlighted the allegations made by Apandi last year.

He said the onus is not just on the Malaysian Bar alone, but called on the relevant authorities to investigate such matters.

“Without closure, the allegations against the judiciary and legal profession will go undefended. It will not look good, especially in the international arena,” Jahabderdeen added.

Jahaberdeen was right to point out the impact this would have on public perception and confidence in the legal system.

The Malaysian Bar should also not be intimidated by one’s seniority or title.

After all, lawyers must, at all times, maintain the honour and integrity of their profession and uphold justice in society.