A LEGAL suit over allegations of judicial intimidation and interference is one of the resolutions the Malaysian Bar will be discussing at its upcoming emergency general meeting on May 27, its president Karen Cheah said.

“The Bar will most likely be tabling one motion and that motion will most likely be to preserve the independence of the judiciary with several resolutions that’s within that motion,” Cheah told The Malaysian Insight.

“One of them is to ask for some kind of reprimand on the actions of the Malaysian Anti-Corruption Commission, to preserve the independence of the judiciary at all cost and to uphold the principle of separation of powers.

“One of the other things we are looking at is probably commencing a legal suit and a walk for justice or any kind of walk is certainly an issue on the table.”

Cheah, however, said the details pertaining to the lawsuit have not been firmed up.

“(We) will have to wait for the EGM,” she said.

As for the walk for justice, Cheah said there have been differing views.

“We’ve had feedback from different lawyers with differing views. Some pushed for the walk, some were not too keen. So we are trying to strike a balance between the two differing views.

“The EGM really is for the members to voice out their sentiments on what they really want to do,” Cheah said.

Last month, the MACC opened an investigation against Court of Appeal judge Mohd Nazlan Mohd Ghazali over allegations of unexplained money in his account.

Nazlan was the judge who convicted former prime minister Najib Razak over the misappropriation of RM42 million of SRC International Sdn Bhd funds.

He has since lodged a report to deny the allegation.

The Bar has taken the position that the MACC investigation into the judge undermines judicial independence and the rule of law.

“MACC’s conduct in handling the matter when they announced they are investigating a particular judge and they named him, this of course has the effect of undermining the confidence of the public,” Cheah said.

“It is not only so on the judge as an individual but the judiciary as an institution. This is one thing that we will be talking about and debating in the EGM.

“The second thing we are looking at is the misconception we are asking for the judges to be treated differently, or with privileges or immunity to investigation.

“That is a really grave misconception. That is not the message we are trying to put out. What we are trying to tell the public and lawyers is that there is a constitutional approach that has been provided for under the constitution and that’s under article 125.”

Article 125(3) of the Federal Constitution allows the chief justice, after consulting the prime minister, the power to recommend to the Yang di-Pertuan Agong to appoint a tribunal to remove a judge from office.

“We would like that mechanism where the judiciary can look into complaints and investigations on their own first as an independent institution,” she said.

The investigation into Nazlan and the comments by Tengku Mainum saw six former Bar presidents calling on lawyers to organise a walk urgently to send a clear message to those who seek to interfere with the judiciary.

The former presidents are Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Lim Chee Wee, Mah Weng Kwai and Steven Thiruneelakandan.

In 2014, the Bar had organised a Walk for Peace and Freedom 2014 at the Padang Merbok, in Kuala Lumpur.

The event saw some 600 Bar members and representatives from civil society groups joining the walk of solidarity to repeal the Sedition Act 1948. – May 19, 2022.