KUALA LUMPUR, May 10 ― The Malaysian Bar’s members today voted to adopt a resolution to declare "no confidence” in the Attorney General over his alleged failure to defend the judiciary, following attacks on the trial judge for convicted former prime minister Datuk Seri Najib Razak’s SRC case.

At an extraordinary general meeting (EGM) today, the Malaysian Bar adopted a resolution "on the Independence of the Judiciary and Upholding the Rule of Law”.

Under this resolution which had six items resolved by its members, the Malaysian Bar reaffirmed its commitment to defend the judiciary’s independence and the rule of law without fear or favour, and also condemned the actions of all individuals who have undermined the courts’ independence, scandalised the administration of justice and violated the rule of law.

The Malaysian Bar also admonished the conduct of the Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, claiming that the minister’s conduct — in issuing a letter to Najib’s lawyers — undermines the judiciary’s independence.

The Malaysian Bar referred to Azalina's March 20 letter in reply to Najib's lawyers, saying it was "unusual" for a minister to disclose or provide information to an accused person regarding the conduct or findings of an investigative agency --- the Malaysian Anti-Corruption Commission in this case.

"The Malaysian Bar DECLARES no confidence in the Attorney General for his abject failure to defend the judiciary from these attacks and to uphold the Rule of Law,” the professional body for lawyers said in the resolution.

In the same resolution, the Malaysian Bar deplored the MACC’s recent action in making a report to the chief justice — where MACC gave its own purported finding that the SRC trial judge had allegedly breached a judicial code of ethics, as well as the timing and manner this report was issued and the MACC’s purported conclusion when it was not within MACC’s powers to do so.

The last item which the Malaysian Bar resolved in the resolution was to give the Bar Council — the governing body of the Malaysian Bar — to give notice to the Attorney General to launch contempt of court proceedings against those individuals responsible for attacking the judiciary.

If the Attorney General does not bring such contempt proceedings, the Malaysian Bar gives the Bar Council the mandate to consider initiating such contempt proceedings or any other proceedings or actions in line with the resolution today.

The full resolution can be found here on the Malaysian Bar’s website.

On April 27, the Malaysian Bar informed its members that an EGM will be held today, following a request by 173 members for the EGM to be held to consider the "Motion on the Independence of the Judiciary and Upholding the Rule of Law”.

Under Section 65(2) of the Legal Profession Act, the Bar Council is required to convene an EGM within 30 days of the serving of a request by 150 members of the Malaysian Bar to hold an EGM.

At least 500 members of the Malaysian Bar had to attend today in order for the EGM to proceed.

In the resolution adopted by Malaysian Bar members today, it stated the events that took place before today's EGM, saying that the judiciary had been under attack in recent months as a result of Najib's conviction in the SRC International Sdn Bhd case.

Among other things, the Malaysian Bar said it was surprising that the MACC had appeared to abandon its previously announced investigation on allegations of corruptions against the SRC trial judge Datuk Mohd Nazlan Mohd Ghazali --- which the Malaysian Bar had condemned and said was unlawfully announced ---- and instead made a "quantum leap" to purportedly conclude that the judge was in conflict of interest.

Saying that the MACC does not have powers to investigate allegations of conflict of interest, the Malaysian Bar also said Rule 8(1)(a) of the Judge's Code of Ethics 2009 --- which MACC claimed Mohd Nazlan had allegedly breached --- does not apply to this case as Mohd Nazlan's previous employment with Maybank was before he became a judge.

Two separate panels at the Federal Court had already decided that Mohd Nazlan was not in conflict of interest as Najib's SRC trial judge, while Najib had withdrawn a previous allegation of corruption against Mohd Nazlan in the SRC case.

The Federal Court in a February 24 decision had also cast doubt on whether the MACC investigation was done in good faith.

Before resolving a declaration of no confidence against the AG, the Malaysian Bar had earlier in the resolution expressed dismay over his alleged "public silence and inaction" amid unwarranted attacks and allegations of corruption --- against Mohd Nazlan --- which undermines the judiciary's independence.

The Malaysian Bar viewed it as a "dereliction of duty" by the AG.