Bar can take part in Lingam tape hearings
Published: Nov 24, 2007 6:39 AM | Updated: Jan 29, 2008 10:21 AM
De facto Law Minister Mohd Nazri Aziz said the Bar Council is welcome to take part in the royal commission hearings on the Lingam video clip.
De facto Law Minister Mohd Nazri Aziz said the Bar Council is welcome to take part in the royal commission hearings on the Lingam video clip.
"We have no problems with it. They can come forward and give us their input," the New Straits Times quoted him as saying today.
However, he said there was no possibility that Bar Council members could become royal commissioners themselves.
"There is no chance of that happening. How can they act fairly and be unbiased if they have already marched against the judiciary? They have already made their stand.
"Secondly, Lingam is a member of the Bar. Just like they don't trust the police to investigate their own, how can the Bar be part of an investigation into one of their members?
"Justice must not merely be served, but must be seen to be served," he said.
In the video clip made in 2002, lawyer VK Lingam is allegedly shown discussing judicial appointments with Ahmad Fairuz, then chief judge of Malaya.
Our right to decide
The terms of reference for the royal commission of inquiry was up to the government, Nazri said.
"It is not for the Bar Council to decide, but the government. We won't consult them and we will not give up our right to decide."
Nazri said the terms had not been finalised. "We (the cabinet) have given our opinions, but the prime minister has not finalised anything yet."
He also said the government was happy with the present system of appointing judges and would not be changing it, despite calls to set up an independent judicial appointments and promotions commission.
On Thursday, the Bar Council passed several resolutions at an extraordinary general meeting. Among them were that it be allowed to take part in the royal commission's hearings, that the royal commission be based on the Bar's terms of reference and that an independent judicial appointments and promotions commission be set up.
"We have no problems with it. They can come forward and give us their input," the New Straits Times quoted him as saying today.
However, he said there was no possibility that Bar Council members could become royal commissioners themselves.
"There is no chance of that happening. How can they act fairly and be unbiased if they have already marched against the judiciary? They have already made their stand. "Secondly, Lingam is a member of the Bar. Just like they don't trust the police to investigate their own, how can the Bar be part of an investigation into one of their members?
"Justice must not merely be served, but must be seen to be served," he said.
In the video clip made in 2002, lawyer VK Lingam is allegedly shown discussing judicial appointments with Ahmad Fairuz, then chief judge of Malaya.
Our right to decide
The terms of reference for the royal commission of inquiry was up to the government, Nazri said.
"It is not for the Bar Council to decide, but the government. We won't consult them and we will not give up our right to decide."
Nazri said the terms had not been finalised. "We (the cabinet) have given our opinions, but the prime minister has not finalised anything yet."
He also said the government was happy with the present system of appointing judges and would not be changing it, despite calls to set up an independent judicial appointments and promotions commission.
On Thursday, the Bar Council passed several resolutions at an extraordinary general meeting. Among them were that it be allowed to take part in the royal commission's hearings, that the royal commission be based on the Bar's terms of reference and that an independent judicial appointments and promotions commission be set up.
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