KUALA LUMPUR (Nov 22): The Malaysian Bar on Monday stressed that it has always been apolitical and non-partisan in its affairs, after lawyer Tan Sri Muhammad Shafee Abdullah questioned its neutrality.
Shafee had earlier in the day criticized the Bar over its statement on the prosecution's decision to withdraw its appeal against the Court of Appeal’s acquittal of former cabinet minister Datuk Seri Tengku Adnan Tengku Mansor in a corruption case.
Malaysian Bar president AG Kalidas said the Bar was merely seeking clarification from Attorney General (AG) Tan Sri Idrus Harun on the withdrawal of the appeal.
“It should be made clear that the focus of the Malaysian Bar statement was to seek clarification from Idrus on the purported decision to withdraw the appeal.
“It was not at all about the Court of Appeal's decision and, reading the statement in its entirety, it is clear that no aspersions were cast on the judiciary or anyone.
“It is not uncommon for the AG or the AG's Chambers to issue press releases providing further explanation to the public on certain matters, including the decision to withdraw charges or not to proceed with an appeal – that is precisely the clarification we sought in our statement,” Kalidas said.
He maintained that the Malaysian Bar and the Bar Council (the Bar’s decision-making body of which he is the chairman) have always been apolitical and non-partisan.
“We uphold principles of the rule of law and justice, without regard for the personality in question or those they are associated with.
“We raise questions and seek clarification from those who are accountable, particularly in matters or cases with high public interest,” he added.
Shafee, in his statement, said the Malaysian Bar is endowed with perpetual succession in that while individual office bearers come and go, the Bar remains the same incorporated body to account.
“Yet, do the thoughts, statements and roles of its previous individual presidents through the years always remained consistent and took the direction of voicing the cause of justice without regard to their own interests or that of the Bar, uninfluenced by fear or favour, in line with the perpetual succession of the Bar?
“Of paramount importance is that the Malaysian Bar must not be partisan in politically related matters,” said the lawyer.
He questioned Kalidas for saying that the prosecution’s decision to withdraw the appeal in Tengku Adnan's case was perturbing as the appeals court’s decision to acquit the former minister was not unanimous, and also over the Bar president’s remark that the AG himself had made the decision to discontinue the appeal.
Shafee said the statement would have been well received if the Bar had over the years behaved consistently in all previous decisions — regardless of who the AG or the accused were.
The Edge last week reported that the prosecution was withdrawing its appeal against the Tengku Adnan’s acquittal to the Federal Court, after having filed the notice of appeal on July 19, three days after the appeals court’s 2-1 majority decision to free the Putrajaya member of Parliament.
The Court of Appeal bench, led by Justice Datuk Suraya Othman, ruled that a sum of RM2 million received by Tengku Adnan was a political donation for use in two by-elections in 2016 and not directed to the ex-minister.
The minority judgment by Datuk Abu Bakar Jais, however, ruled otherwise, with the judge upholding the High Court decision in December 2020 by Justice Mohamed Zaini Mazlan to convict Tengku Adnan and sentence him to 12 months in jail and a RM2 million fine.
Read also:
Shafee questions Malaysian Bar’s neutrality
Explain decision to withdraw appeal in Tengku Adnan graft case, Bar tells AGC
Prosecution withdraws appeal against Ku Nan's acquittal in RM2 mil graft case
Court of Appeal acquits Ku Nan of RM2 mil graft charge
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