IT would have been “awkward” for the president of the Malaysian Bar to touch on the appointments of top judges at a public forum, Chief Justice Raus Sharif said today, explaining why George Varughese was not invited to speak at the opening of the legal year in Putrajaya.

Raus, whose appointment is being challenged by the lawyers’ group, said he had rescinded the invitation for Varughese and Attorney-General Mohamed Apandi Ali to speak at the opening of the legal year as there is already an ongoing legal case. 

“I want to tell you what happened actually. We had a discussion,” Raus told reporters after officiating the proceedings in Putrajaya today. 

“The Bar, as you all know, has filed a case against my appointment and Tan Sri Zul’s (Court of Appeal president Zulkefli Ahmad Makinudin) appointment. 

“And then during our discussion, (our judiciary officer) said the question of our appointments need not be raised. But (they) said they wanted to raise the issue. So, I said it’s not proper. The court case is there.

“And I said, if you raise the matter, the A-G would have to respond. And then, what are we there to do? It’s very difficult for us. 

“So, I said, you cannot have this objection raised in a public forum like this. You have a court case, let the court decide.”

Raus added that he changed the format of this year’s proceedings after the Bar insisted on raising the matter at today’s event.

“And I informed the A-G that there was no necessity for him to speak because the Bar is not speaking. Otherwise, it would be quite awkward with just only the A-G speaking. So, I said for this year, we have only the CJ speaking.”

The Bar boycotted the proceedings today after Varughese was barred from giving a speech. In a speech last night at the Bar’s own opening of the legal year, Varughese had called the move a “muzzling” of the lawyers’ group by the judiciary. 

Since 2010, the chief justice, a representative from the Attorney-General’s Chambers and the president of the Malaysian Bar have addressed the OLY (opening of the legal year) – as equal partners in judicial administration – at the annual ceremony that ushers in a new legal year. 

On October 10, the Bar filed an originating summons at the Kuala Lumpur High Court against Raus and Zulkefli, seeking declarations that their appointments are void and unconstitutional, and orders seeking their removal from their respective offices. 

The summons was also directed against former chief justice Arifin Zakaria, for the advice given to the Yang di-Pertuan Agong on the eve of the former’s retirement in appointing Raus and Zulkefli as additional judges. 

The appointments were made purportedly pursuant to Article 122(1A) of the federal constitution on the advice of the outgoing Arifin to the Yang di-Pertuan Agong, and the extension of their tenures as the chief justice and president of the Court of Appeal, for a further three and two years respectively, beyond the constitutionally prescribed age limit of 66 years and 6 months. 

Today, Raus told reporters that he came to learn that Varughese has “one to two pages” of his speech dedicated to his and Zulkefli’s appointments.

Raus last met with the Bar president on December 19. Prior meetings were also conducted via officers and representatives of the Bar and the judiciary, he said. 

Asked if what he did amounted to a “muzzling” of the lawyers’ group, Raus said: “In fact, there’s no such thing. I was surprised they said in a press statement (last week)… saying they are not coming to our (opening of) the judicial year because of the changed format.”

Raus said the “change in format” is due to the Bar’s “insistence on raising the matter of our appointments before this proceeding, which I think is not proper”.

“This is an event organised by the judiciary. Just like, for example, you invite people to your house for dinner, and (the guest) criticises the host. It cannot be. So, basically that’s the reason.

“And it’s very unfair for the Bar to say they are not coming because of the change of format. The change of format was because of their insistence and I explained to the chairman (Varughese) but they still want come out with a statement like that. So, there’s nothing I can do.”

Earlier, during his speech to 700 people present during the OLY, Raus acknowledged the absence of speeches by the Bar president and a representative of the A-GC.

“For the first time this year, instead of the three stakeholders in the practice of the law giving our individual speeches, I alone shall be speaking. This not by choice, but forced by circumstances.”

He also addressed “unfair criticism” of court judgments which, he said, should be done “constructively, respectfully and in good faith”.

“Even if the court’s decisions are not with them, lawyers especially, should be temperate in their reaction and exercise restraint, circumspection and plain good manners before making unwarranted remarks against the judiciary, especially in public debates and discussions.”

Raus said he recognises that judges are “not infallible” and must be “open to criticism”.

“Nevertheless, harsh and unwarranted criticism threatens the foundation of the rule of law and weakens the judiciary in the performance of its constitutionals duties.”

Raus also addressed complaints of the perceived decline in the quality of judgments, but said judges are dependent on the quality of submissions from lawyers. 

“The Malaysian Bar must accept that there is a decline in standard of their members appearing before the court. 

“This must be addressed by the Bar. You cannot expect quality judgments from the judges, when the judges are saddled with poor standard of advocacy and sub-standard submissions and research.”

Present at the proceedings were Arifin, Zulkefli, Apandi, Chief Justice of the Supreme Court of Indonesia Mohammad Hatta Ramli, Minister in the Prime Minister’s Department Azalina Othman Said, Sabah Law Society president Brenndon Keith Soh, Advocates Association of Sarawak president Ranbir Singh Sangha as well as cabinet officials and judges from the Federal Court, high court, Court of Appeal and Sessions Court. – January 12, 2018.