Abuse of process brings disrepute to our justice system, Malaysian Bar says

HAJAR UMIRA MD ZAKI
HAJAR UMIRA MD ZAKI
19 Aug 2022 07:38pm
Karen Cheah.
Karen Cheah.
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SHAH ALAM - The Malaysian Bar is aghast with the slew of developments unfolding in the case involving former Prime Minister Datuk Seri Najib Razak at the Federal Court.

Its president, Karen Cheah Yee Lynn said the action pulled by the former Prime Minister to change his legal team was risky as he faced the possibility of the court to not allow any requests for postponement.

"The lawyer who takes over the case must be in a position to proceed with any prior dates that have been fixed by the court.

"By the same token, the client that discharges his or her lawyer or a lawyer that seeks to be discharged from representing their client is still subject to overall control and discretion of the court whether to allow such discharge," she said.

Cheah in a statement said any attempts to undermine the justice system through such unscrupulous strategies are a perversion of the justice system and an abuse of the court process.

Hence, those advocates or the solicitors involved in such acts would have to face disciplinary actions.

"It has been observed that Datuk Seri Najib Razak has abruptly discharged his legal team again today, making it second time he is resorting 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 sure self-inflicted.

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"His expectations of a fair trial, of which has been fully accorded to him at all material times must be also mean that he places himself in the judicial system without any crafty schemes," the statement read.

She added that there were no strong reasons given for such discharge twice, either so to the hearing dates or even during hearing of the matter at the Federal Court.

She said the hearing dates were not only fixed in advance but also publicly publicised.

Hence, the attempts to shift the narrative to one of the purported victimisation were highly mischievous.

"We also noted there are unwarranted attacks on the or threats levelled at the Judiciary and the Chief Justice as the result of the unfolding events at the Federal Court in this case and wholly condemns the unfair anti-judiciary rhetoric and sentiments painted by irresponsible parties.

"Thus, The Malaysian Bar stands in solidarity with the Judiciary and calls on them to remain solute and not succumb to such unsavoury pressure," she said.