AS junior members of the profession, many of us unfortunately find ourselves helplessly drifting away from the idealistic view of the legal profession that we may have pictured during the course of our studies and our subsequent training to be admitted as advocates and solicitors of the High Court of Malaya. The slow erosion of our idealism of the profession and its noble image may have been driven by a growing realisation of the practical realities and difficulties that plague our profession due to the existence of a myriad of problems, some of which seem to have no end or solution in sight despite multiple complaints over the years about problems such as touting, underpaying, and toxic workplace culture.

Despite this, we still hold in high regard the independence of the judiciary and the integrity of our legal institutions. However, the recent allegations involving two prominent lawyers surfacing last week are very serious and if true, would suggest that the institutional pillar which forms the backbone of our democracy and the administration of justice in our country is compromised.

While it is difficult and even improper to ascertain the truth of the recent allegations at this point in time, we note that 13 days after the chief justice lodged a police report on June 7, 2021 and four days after the matter was first reported by Free Malaysia Today on June 15, 2021, the president of the Malaysian Bar issued a statement to the media that while the Malaysian Bar will not tolerate “such unscrupulous and unethical behaviour”, it shall leave the matter to the police to conduct a thorough investigation. 

Several hours later, Sarawak Report published an article, stating the names of the two prominent lawyers as well as exhibiting the purported screenshots that formed the basis of the chief justice’s police report. 

We will not be dwelling on the identity of these two prominent lawyers, both of whom have since made police reports denying the allegations against them. We do, however, note the important role that one of these prominent lawyers has played in the Malaysian Bar in the past and would like to express our concern that the severity of these allegations will likely diminish public perception of our judiciary and erode public trust in the Malaysian Bar.

While the Young Lawyers Movement supports and commends the president for publicly condemning these alleged unethical actions, we believe the Malaysian Bar cannot simply pay lip service to the issue. We call upon the Malaysian Bar to look into these allegations and if necessary, take a step further by considering making a complaint of its own motion to the disciplinary board against the relevant lawyers, as allowed by section 99(3) of the Legal Profession Act 1976. We believe that it is only with such action that faith in the Malaysian Bar can be guaranteed and the necessary trust in our justice system can be rekindled.

We note it is not the first time allegations concerning judicial impropriety have been made. Only two years ago, Court of Appeal judge Hamid Sultan Abu Backer affirmed an affidavit alleging judicial and constitutional misconduct in the judiciary. We also recall the various controversies involving former lawyer V. K. Lingam, most notoriously his 2002 video clip boasting of illegally brokering judicial appointments, but also his involvement in the infamous 1995 Ayer Molek case and his 1994 holiday with then-chief justice Eusoff Chin. Only a few decades before, the case of the 1987 Umno election sparked a judicial crisis, which saw the suspension of five Supreme Court judges and the ouster of the then-Lord President.

Just as the Malaysian Bar previously advocated for royal commissions of Inquiry into the 2002 Lingam video clip and Hamid’s allegations, we believe a consistent approach must also be undertaken today. We call on the Bar to continue its campaign for a wide RCI on the issue of judicial integrity and recommended reforms.

The time is ripe for the Malaysian Bar to lead the way and address these issues without fear or favour. There has long been talk about case-fixing and corruption and we believe the time is apt for the Malaysian Bar to start addressing these issues by taking a serious look at itself and making an active effort to uncover the extent to which the rot exists in the legal profession and if it exists, to confront the uncomfortable truth of its role in enabling the events to happen. 

As the future torchbearers of the profession, we lend our support to the Malaysian Bar and wish to see a Malaysian Bar with the leadership we need in such times as these, where the very nature of the work we do as a collective is put into question. 

A case where the outcome is fixed is a farcical performance that renders the work we do moot and illusory. We are not mere puppets on a stage and the administration of justice is not entertainment.

As such, we implore the relevant authorities to get to the bottom of this controversy and encourage the Malaysian Bar to go further in its actions to address these issues. – June 25, 2021.

* The Young Lawyers Movement writes in support of judicial independence.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.