PETALING JAYA: A member of the Malaysian Bar has sought a court declaration to nullify the Bar's extraordinary general meeting last Friday, naming Bar Council chairman Lim Chee Wee and secretary Tony Woon Yeow Thong as defendants.

Lawyer Mohd Khairul Azam Abdul is claiming that a quorum may not have been reached, “phantom voters” were present, and that the EGM notice of May 4, 2012 violated the Legal Profession Act 1976.

“We had a lot of phantom voters,” he said, saying the registration system was poor.

Mohd Khairul explained that people who had wanted to attend the EGM did not have to produce any proper proof of identity.

Additionally, the system used to differentiate lawyers from chambering students was small, coloured stickers.

“Lawyers wore orange stickers, chambering (students) wore blue. There were yellow stickers, but I'm not sure were they for Bersih supporters? Did we really reach a quorum?

"We also had more than a thousand people voting, with only six people assigned to count the votes in less than 10 minutes. How can they differentiate lawyers from the others in such a packed room with so little time?”

He also said that the notice in calling the EGM was not in accordance with the Legal Profession Act.

“After receiving it, we had only seven days before the EGM to write notices or amendments or raise any new motions to be discussed. How can we propose any counter-motions or additional motions? The normal practice allows for 14 days.”

Mohd Khairul said he was not touching the Bar Council's principles or beliefs regarding Bersih, but rather, the procedure.

“I can't believe a professional body like the Bar Council conducted an EGM like this, considering what they stand for. Calling for electoral cleanliness, no phantom voters, and their own EGM full with scandals,” he alleged.

He said he was not “just a troublemaker” and “willing to face all odds” in suing the Bar Council over the matter.

Bar Council President Lim Chee Wee responded to Mohd Khairul's move, saying that they intended to defend the suit.

“The EGM was conducted in the same manner as the previous general meetings of the Bar,” he told The Star in an email.

He also reminded members that under Rule 60A of the Legal Profession (Practice and Etiquette) Rules 1978, an advocate and solicitor cannot furnish copies of any document filed in court before the hearing in open court to the press, and shall not furnish copies of any document other than documents read in court.

“The rationale of the rule applicable to lawyers is to avoid the unpleasant and unfair situation of a litigant finding out about litigation against him through the press instead of service,” he said.

“A breach of this rule is misconduct.”

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