THE Legal Profession Act (amendment) 2012 Bill, which will allow foreign legal firms to set up offices here was yesterday passed after three days of debate.
Datuk Liew Vui Keong says foreign lawyers will not be allowed to argue cases that involve national interests
Najib’s public tea session with the judges is being seen as the first such meeting in the countr
The annual Conference of Judges that kicks off today will include, for possibly the first time, a meeting with the prime minister that critics say will further erode public confidence in the independence of the judiciary.
The Malaysian Insider understands that the judges were initially scheduled to discuss writing judgments this afternoon but a last minute change meant a trip to Putrajaya to meet Datuk Seri Najib Razak in a delegation led by outgoing Chief Justice Tun Zaki Azmi.
Zaki, who set a record for being the fastest-rising judge when he was appointed to the top post after spending less than three years on the Bench, will be clocking out on Friday.
Judicial sources said the initial conference agenda focused on judgments as the paperwork is crucial to close disputes brought to court and can mean life or death in criminal cases. There was also supposed to be a briefing on arbitration.
“This has never happened during my time,” retired judge Datuk Shaik Daud Ismail replied to The Malaysian Insider when asked if there had been any similar meetings between the head of the executive branch of government and the judicial arm of government in past conferences.
Prime Minister Datuk Seri Najib Razak with attendees of the Judges Conference at the Palace of Justice in Putrajaya September 7, 2011
Datuk Seri Najib Razak insisted today that his administration is committed to upholding an independent judiciary, explaining that he only agreed to visit the Palace of Justice today after being assured that the issue of interference by the executive would not arise.
The prime minister said in his speech at the headquarters of the judiciary today that “I had to think hard whether” to proceed with his working visit today as he was “worried about any negative perceptions” that might arise.
“I only agreed to visit after the chief justice invited me and assured me that there was no problem,” Najib said.
Hishammuddin had said the ISA would be amended, but not repealed.
A lawyer believes the construction of four new buildings at the Kamunting Detention Camp in northern Perak is proof the government intends to keep using the centre for detentions under the Internal Security Act (ISA).
Bar Council Malaysia member Syamsuriatina Ishak said today she had first noticed the construction of the new buildings at the end of last year when she went to visit her clients.
“This shows that the government wants to continue using the ISA,” Syamsuriatina told a press conference when releasing the Gerakan Mansuhkan ISA (GMI) 2010 report.
In the report, GMI said that another 25 people this year were held under the law that allows detention without trial. Last year, it was only 10.
Karpal ask Nazri to ask AG to give him written permission to prosecute Lingam
DAP advisor Karpal Singh is willing to volunteer his services to prosecute the controversial figure in the 'Lingam' video clip, Datuk V. K. Lingam, if Attorney-General (AG) Tan Sri Abdul Gani Patail grants him the authority to act.
"I call upon Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz to advise the AG to issue the 'fiat' to me for the purpose of prosecuting Lingam," he told a news conference at the parliament lobby here Wednesday.
(Fiat is a short order or warrant of a judge or magistrate directing some act to be done)
Yesterday, Mohamed Nazri said the Prime Minister's Department was looking for volunteers to prosecute the controversial lawyer for allegedly brokering the appointment of judges in a video clip.
He had said he would speak to the AG if someone was willing to prosecute Lingam, saying that Karpal Singh could also do so.
Karpal said: "I accept the challenge. I am prepared to prosecute V. K. Lingam for the offence under Section 4 of the Sedition Act. What he said (in the video) creates seditious tendency.
"In other words, it comes under Section 3(1c) of the Sedition Act which defines seditious tendency as tendency to bring into contempt or hatred of justice in the country, which carries the maximum penalty of RM5,000 or three years' imprisonment or both."
He said that in England, it was common for the Queen's Counsel or private law practitioners to prosecute, if the government allowed them to do so.
Karpal said, under Section 5 of the same act, "no person shall be prosecuted for an offence under section 4 without the written consent of the Public Prosecutor".
"If the AG agrees...I can't see reason why Nazri should not, in the light of the minister's statement in the parliament lobby yesterday, issue his written consent," he reasoned. Karpal take up Nazri Challenge to persecute Lingam.
He urged the Attorney-General to authorise him to act for the Government over the issue involving a 2007 videotape showing senior lawyer Lingam apparently making deals over the appointment of judges, adding that he would do so at no charge.
On Tuesday, Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said his office was looking for volunteers to prosecute Lingam.
“Find anyone who can provide me a section in law to charge Lingam and we will do it. I will speak to the Attorney-General if someone is willing to prosecute him. Karpal Singh can also prosecute Lingam,” Nazri had said.
Nazri noted that this would not be the first time the Government had allowed someone outside the Attorney-General’s Chambers to act for it, citing as an example lawyer Tan Hock Chuan who is handling the inquest into the death of political aide Teoh Beng Hock.
Karpal said he would charge Lingam under Section 4 of the Sedition Act, which carried a maximum penalty of RM5,000 or three years’ imprisonment or both.
“Datuk Seri Nazri Aziz has issued a challenge to the legal profession to take up the V.K. Lingam case. He singled me out and I accept the challenge,” Karpal told reporters at the Parliament lobby on Wednesday.
Karpal called on Nazri to advise the Attorney-General to issue a “fiat” or written consent, as required under Section 5 of the Sedition Act, to prosecute on behalf of the state.
”Of course I am not going to charge the state. This will be pro bono (free), for public interest,” he said.
Besides the fiat, Karpal said he required a file relating to the investigation into the video clip affair.
He would first apply for a warrant of arrest for Lingam, and then produce him in court for the purpose of recording a plea.
”Of course, I would advise him to plead guilty. To the plea of guilty, there is a paramount consideration when it comes to sentencing.
“He has the option to claim trial which I think he will and I am prepared to take him on. I am taking him on in public interest because he has brought shame to the country and to the legal profession in particular,” he said.
Nazri was quoted last week as saying that Lingam had not broken the law for allegedly lobbying for the appointment of judges and that there was no provision in the law to say that those caught doing so had committed an illegal act.
The Government set up a Royal Commission of Inquiry to investigate Lingam and others implicated in the video, including former Chief Justice Tun Eusoff Chin, Tun Ahmad Fairuz Sheikh Abdul Halim and tycoon Tan Sri Vincent Tan.
The Royal Commission found that wrongdoings had been committed and listed the laws that were breached, recommending further action against the individuals involved.
“The time has come for positive action to be taken. The V.K. Lingam saga has been dragging on for quite some time now,” Karpal said.
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Lawyer VK Lingam on the phone with Ahmad Fairuz. Among the names mentioned in the conversation are Tengku Adnan, Tun Mahathir, Vincent Tan... ----
