Gopal Sri Ram: Siti Kassim dan peguam persoal Bar Council

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Sekumpulan loyar dan aktivis pun membuat kenyataan sama tentang Bar Council:

PRESS STATEMENT

Calling Bar Council to make its stand on ex-judge acting as counsel

The Malaysian Bar in its Annual General Meeting held on  5 March 2014 passed a resolution prohibiting ex-Judges and other former members of the judiciary from representing clients in our Courts as this would amount to breach of principle and convention at play in Common Law.

The said resolution was passed as a response to former Federal Court Judge Dato Seri Gopal Sri Ram, to act as counsel in a constitutional case.

Yesterday and suddenly out of the blue we hear that Dato Seri Gopal Sri Ram has agreed to act and has indeed acted for Anwar Ibrahim in the Federal Court and the President of the Malaysian Bar maintains a deafening silence which can only be described as hypocritical to say the least in the face of the actions of DS Gopal Sri Ram and the Bar Council has failed to comply with their own resolution in this matter.

We therefore urge the Bar Council to issue a statement in line with their resolution passed at their 68th AGM. The Bar Council's silence is a contradiction of their own commitment to uphold justice without fear or favour.

It is not proper for the Bar Council to have 2 sets of principles that differ when Anwar Ibrahim is involved and the credibility of the legal profession is surely tarnished by such hypocritical actions.

Faidhur Rahman Abdul Hadi
Advocate & Solicitor

Mohd Khairul Azam Bin Abdul Aziz
Advocate & Solicitor

Datuk Zulkifli Noordin
Advocate & Solicitor

Dato' Haji Abu Bakar As-Sidek Bin Dato' Haji Mohd. Sidek, Advocate & Solicitor

Azril Mohd Amin
Advocate & Solicitor

Mohammad Yahya Bin Zakaria
Advocate & Solicitor

ZAMZURI MOHAMED TAHIR
Social Media Activist

Farah Nadiah Zainudin
Advocate & Solicitor

Suariza @ Hidayah bte Muhammad
Pegawai Dakwah & Kebajikan PERKIM

Aidil bin Khalid
Advocate & Solicitor

Mohamad Rafi Awg Kechik
Presiden Pertubuhan Nadi Rakyat Malaysia

Nazira Abdul Rahim
Advocate & Solicitor

Ahmad Soffian Mohd Sheriff
Secretary, Shah Alam Welfare Association

Nazriah Shaik Alawdin
Advocate & Solicitor

Reza Rahim
Advocate & Solicitor

Nadiah Hanum Md Nadzri
IT Executive

Suhaimi bin Adnan
Presiden Pertubuhan Suara Inspirasi Malaysia

Mohd Fauzi bin Anuar
Pengerusi Belia Taman Gemilang, Sepang.

Kamsani bin Kamarudin
Pengerusi Belia kg Sri Aman, Puchong.

Sallehuddin bin Abdullah
AJK Belia 4B Labohan Dagang, Banting.

Turut juga adalah Tan Keng Liang, Ketua Pemuda gerakan pun bersuara.

 Tan keng liang statement:

To Media Representatives,      
Date:  29th October, 2014

Did Malaysian Bar Allowed ex-Federal Court Judge Gopal Sri Ram To Represent Anwar?

I refer to the resolution by the Malaysian Bar passed on 15th March 2014 at its annual general meeting that retired higher court judges be prohibited from representing clients in court.

This is based upon the principle of antiquity in common law jurisdictions that a retired judge of a superior court should not practice as counsel before the judges who were previously his colleagues or his junior to him on the Bench.

Such conduct may involve the retired judge/counsel purporting to rely upon, distinguishing or criticising decisions made by him while he was on the Bench; worse, there could arise a situation of such a retired judge invoking the principle of stare decisis to submit that the Court is bound by some decision of his handed down when he was a judge.

According to the Malaysian Bar, such conduct may also have the effect of intimidating the Bench and worse, it could give the perception that the said retired judge/counsel and his client have an advantage over other counsel and adverse parties.

This may adversely affect public perception as to the administration of justice.

Source: http://www.malaysianbar.org.my/malaysian_bar_s_resolutions/resolutions_adopted_at_the_68th_annual_general_meeting_of_the_malaysian_bar_held_at_renaissance_kuala_lumpur_hotel_saturday_15_mar_2014.html

In the appeal before the Federal Court yesterday, Pakatan de facto leader Anwar Ibrahim was allowed to be represented by ex-Federal Court judge Gopal Sri Ram.

This is clearly contrary to the resolution by the Malaysian Bar early this year.

Gerakan Youth urge the Malaysian Bar to clarify whether there was any special exception granted to the Pakatan de facto leader to be represented by an ex-Federal Court judge.

As was argued by the Malaysian Bar to justify their resolution, this matter may affect the public perception as to the administration of justice in our country.

The Malaysian Bar should offer a public explanation without any further delay.

TAN KENG LIANG Gerakan Youth Chief