THE Malaysian Bar today condemned the unfair anti-judiciary rhetoric and sentiments levelled at the judiciary and the chief justice arising from Najib Razak’s final appeal in the SRC International case.

Its president Karen Cheah also said that lawyers who were involved in the move to undermine the judiciary could face action.

“The various attempts to undermine the justice system through such unscrupulous strategies are a perversion of our justice system and an abuse of the court process.  

“The advocates and solicitors involved in such acts have conducted themselves unprofessionally and would have to face disciplinary action,” she said in a statement.

Cheah said the Bar expects adherence by all lawyers to preserve the highest professional standards in upholding the dignity of the legal profession.  

“The Malaysian Bar is aghast with the slew of developments unfolding before our eyes in the case involving Najib,” she said.

She said that the nation was witnessing the justice system being abused and brought to disrepute through the frantic acts and numerous attempts to postpone the hearing of the case.

“The application to discharge from acting for the former prime minister, defiance by refusing to proceed with submissions on the appeal after the Federal Court had made its ruling, and the sudden discharge of the lawyers.

“The public must be made aware that the level of professionalism expected of advocates and solicitors is measured against the existing rules on practice and etiquette.”

Cheah said that the Malaysian Bar takes the position that when a new lawyer takes over a case, the lawyer must adhere to The Legal Profession (Practice and Etiquette) Rules 1978 (LPPER). 

This, she said, stated that an advocate and solicitor shall not accept any brief unless he is reasonably certain of being able to appear and represent the client on the hearing dates fixed by the court.

“The new lawyer must also adhere to the LPPER which provides that an advocate and solicitor shall make every effort to be ready for trial on the day fixed.  

“Both rules clearly indicate that a lawyer must address his or her mind and assess that he or she is able to proceed with the case before deciding if he or she can take on the matter.  

“The underlying paramount duty to the court, respect for the administration of justice, and upholding of the dignity of the legal profession, are embedded and should be deeply rooted in all lawyers.”

She added that while Najib was entitled to appoint new lawyers to take over a case for whatever reasons, he also took the risk of facing the possibility that the court would not necessarily allow any requests for postponement.

“This is because a lawyer who takes over the case must be in a position to proceed with any prior dates that have been fixed by the court. \“The client that discharges his or her lawyer or a lawyer who seeks to be discharged from representing their client, is still subject to the overall control and discretion of the court whether to allow such discharge. Simply put, it is not an automatic entitlement.”

She added that Najib abruptly discharged his legal team again today, making it the second time he is resorting to such tactics. 

“The decision to change lawyers so late at this stage was his. Therefore, any purported injustice he claims himself to be in, if any, is surely self-inflicted.”

Cheah said Najib’s expectations of a fair trial, of which has been fully accorded, must also mean that he placed himself in the judicial system without any crafty schemes, especially if he truly values his right to liberty. 

“What is apparent is that there have been no convincing reasons given for such discharge twice, either so near to the hearing dates or even during hearing of the matter at the Federal Court.  

“Such hearing dates were not only fixed well in advance, but publicly publicised. Any attempt to change the narrative to one of purported victimisation is highly mischievous.”

Earlier today, lead defence counsel Hisyam Teh Poh Teik informed the five-member bench that Najib had discharged the members of his legal team from Zaid Ibrahim Suflan TH Liew & Partners.

Zaid Ibrahim, Liew Teck Huat and Rueben Mathiavarnam, who were part of Najib’s legal team, were not in court this morning.

Teh also did not take part in the submissions after his request to withdraw himself from representing Najib was dismissed by the court. – August 19, 2022.