KUALA LUMPUR: The Malaysian Bar has expressed its disgust with the manner the justice system was being abused and brought into disrepute in the SRC International appeal hearing involving former prime minister Datuk Seri Najib Razak, warning that his lawyers now faced disciplinary action.
It also condemned vicious and unwarranted attacks or threats levelled on the judiciary and Chief Justice Tun Tengku Maimun Tuan Mat as a result of the unfolding events at the Federal Court.
In a statement issued today, the Malaysian Bar said it stood in solidarity with the judiciary and called on them to remain resolute and not succumb to such unsavoury pressure.
Bar president Karen Cheah Yee Lynn said the country had witnessed how the justice system had been abused and brought to disrepute through the frantic acts and numerous attempts to postpone Najib's appeal hearing.
She said numerous attempts had been made to postpone hearing of the case through application to discharge from acting for Najib and also defiance by refusing to proceed with submissions on the appeal after the Federal Court had made its ruling.
She also cited the latest development today where Najib had discharged his solicitors from Messrs Zaid Suflan TH Liew & Partners, namely lawyers Datuk Mohd Zaid Ibrahim, Liew Teck Huat and Rueben Mathiavaranam.
"The Malaysian Bar is aghast with the slew of developments unfolding before our eyes in the case involving Najib at the Federal Court.
"Various attempts to undermine the justice system through such unscrupulous strategies are a perversion of our justice system and an abuse of the court process.
"The advocates and solicitors involved in such acts have conducted themselves unprofessionally and would have to face disciplinary action," she said.
Cheah said the public must be made aware that the level of professionalism expected of advocates and solicitors was measured against the existing rules on practice and etiquette.
The Bar Council, she said, expects adherence by all lawyers so as to preserve the highest professional standards and in upholding the dignity of the legal profession.
Citing the Legal Profession (Practice and Etiquette) Rules 1978 (LPPER) which sets the barometer for the conduct of lawyers in the country, she said an advocate and solicitor must not accept any brief unless he/she was reasonably certain of being able to appear and represent the client on the hearing dates fixed by the court.
She added that the new lawyer must also adhere to Rule 24(a) of the LPPER which provides that an advocate and solicitor shall make every effort to be ready for trial on the day fixed.
"The underlying paramount duty to the court, respect for the administration of justice, and upholding of the dignity of the legal profession, are embedded and should be deeply rooted in all lawyers," she said.
Cheah said that while Najib was entitled to appoint new lawyers to take over his case for whatever reasons, he must also accept the possibility of the court not allowing any requests for postponement.
"Simply put, it is not an automatic entitlement," she said.
Touching on Najib's latest move to discharge his legal team today, she said it was the second time he had resorted to such tactics.
"The decision to change lawyers so late at this stage was his. Therefore, any purported injustice he claims himself to be in, if any, is surely self-inflicted.
"His expectations of a fair trial, of which has been fully accorded to him at all material times, must also mean that he places himself in the judicial system without any crafty schemes — especially if he truly values his right to liberty.
"What is apparent is that there have been no convincing reasons given for such discharge twice, either so near to the hearing dates or even during hearing of the matter at the Federal Court.
"Such hearing dates were not only fixed well in advance, but publicly publicised.
"Any attempt to change the narrative to one of purported victimisation is highly mischievous," she said.