KUALA LUMPUR: The Malaysian Bar has passed a no-confidence vote against Attorney General Tan Sri Idrus Harun for his "abject failure" to defend the judiciary from attacks including one involving Justice Mohd Nazlan Mohd Ghazali.
The no-confidence vote was part of a resolution on the independence of the judiciary and upholding the rule of law, which was adopted at the Malaysian Bar's Extraordinary General Meeting on Wednesday (May 10).
It said the judiciary has in recent months come under attack as a direct result of the conviction of former prime minister Datuk Seri Najib Razak.
Justice Mohd Nazlan was the trial judge who convicted and sentenced Najib in the RM42mil SRC International Sdn Bhd case and there were allegations that he was in a conflict of interest for presiding over the case due to his previous role in Maybank.
"The Malaysian Bar is dismayed with the Attorney General's public silence and inaction in the face of such unwarranted attacks and allegations of corruption against Justice Mohd Nazlan, which undermine the independence of the judiciary and the rule of law, and is a dereliction of duty by the AG," it said.
In Wednesday’s motion, the Bar also said it "deplored" the Malaysian Anti-Corruption Commission (MACC) for producing the report, the timing and the manner in which it was released, and the purported conclusion contained therein, "which was not within the purview of MACC’s powers".
The lawyers also said they had mandated the Bar Council to give notice to the attorney general to bring contempt proceedings against those "responsible for attacks on the judiciary."
"... Failing which the Bar Council shall consider, and if deemed fit, commence contempt proceedings, or any other proceedings or actions in affirmation of the resolutions above."
In the same resolution, the Malaysian Bar also admonishes the conduct of the Minister in Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, which it said "undermines the independence of the judiciary".
Last month law and institutional reform minister Datuk Seri Azalina Othman Said the MACC's probe on Mohd Nazlan concluded he had violated the Judges’ Code of Ethics and had a conflict of interest when presiding over the SRC International case.
This was based on a report of MACC’s findings dated Feb 20, which the agency extended to Azalina.
Mohd Nazlan convicted Najib in July 2020 on charges of abuse of power, money laundering and criminal breach of trust over RM42mil in funds belonging to SRC International.
In a tweet former law minister Datuk Zaid Ibrahim said: "First the Bar launched attack on MACC; now the AG. Obviously Bar are a powerful outfit with powerful allies. When will the govt defend their top men? I believe they are now afraid of the Bar."
He said this in reference to the EGM held on Wednesday (May 10).
The meeting was presided over by Bar Council president Karen Cheah.
Earlier, Cheah said the MACC did not have the powers to investigate alleged breaches of judicial ethics and that any such investigation amounts to an interference with the administration of justice, as it should be the role of the Judicial Ethics Committee instead to investigate and decide the ethical conduct of judges.
In response MACC chief Tan Sri Azam Baki said critics should stop practising double standards, saying that it was the Malaysian Bar that had pushed the Anti-Corruption Agency, which was the predecessor to the commission to investigate judges.
