Thursday, May 24, 2012

Legally Right,Morally Wrong: Bar Council's No Moral Ground

Hantu Laut

It is not legally wrong to screw your best friend's wife? Ain't it, if she is a willing partner and both of you are consenting adults.

How would your best friend reacts when he found out,  you, of all people, a friend he trusted, screwed his wife?

We all know between legally right and morally wrong. If you don't,  you are only half a human being.

When I wrote about former Solicitor-General Mohd Yusof Zainal Abiden's decision to join Anwar's defence team I never mentioned that it was legally wrong for him to do so. I am looking at it from moral point of view not legal point of view. The Bar Council was quick in defending him.

Extract from Free Malaysia Today:

Bar Council President Lim Chee Wee said Yusof followed the “cab rank rule”, a basic principle in legal practice, and praised the latter for doing so in the “fine tradition of the Bar”.
The “cab rank rule” refers to the obligation of a lawyer to represent any client who seeks his or her services, provided that it is in the lawyer’s area of practice and the client is willing to pay the lawyer’s usual rates. The concept is derived from the idea of a queue of taxis, each taking the first customer who comes along.
“The cab rank rule in essence obliges an advocate to accept a brief which he has the skill or experience for regardless of personal feelings or views, or even the harm to his person or reputation,” said Lim.
The rationale for this rule, he explained, is to ensure that everyone and anyone has access to a counsel of choice.
“In the present case, where the former prosecutor in the Sodomy II trial is now acting on behalf of the leader of the opposition in a separate criminal proceeding, he is doing so in the fine tradition of the Bar of following the cab rank rule,” Lim told FMT when contacted.
Read the Bar Council full legal parody here. 

Obviously, the Bar Council is not concerned with moral obligations as long as it serves a political purpose and one that disparages the establishment, which was the whole idea played behind the curtain.

Anwar Ibrahim is surrounded by a bunch of more than eager lawyers to defend him as their future investment. Should Anwar be successful in taking over Putrajaya that investment would yield pretty good dividends. Why would he needs an ex solicitor-general who is not even known as a hot-shot legal prosecutor or a well-grounded lawyer to be on his defence team? 

Now, you tell me, is there a dearth of lawyers for Anwar, or it is just another of Anwar's beguile the people, trolling for more sympathy votes.

Anwar claimed a symbolic victory saying that someone (referring to the ex SG) who was in government did not want to be part of what he called the "dirtiness"and that Yusof Zainal Abiden's entry into his legal team was "meaningful" to him and a "positive development"

The former SC had 2 years to find his conscience if he knew evil has a hand in the sodomy trail, the government the predator and Anwar the victim, why did he not disqualify himself from leading the prosecution if he knew of the conspiracy to fix Anwar? You mean after 2 years he is still blur about the case and only realised it after he left the service and got his pension?

Why did Karpal Singh says Yusof's entry into Anwar defence team "is a blow to the government". Does he know something that we, the people, do not know ?

The Bar Council, who cares little for moral standard, has thrown its support for this man, whom together with the presiding judge and the AG, they cursed all the way to hell when he was acting for the government in the Anwar's sodomy case.

Now, Yusof is legally free to follow some ludicrous legal jargon called "cab rank rule"which makes Anwar Ibrahim looked like having too many half-past-six lawyers representing him, that he desperately needs the legal expertise of Yusof to defend him against the evil regime. 

What could be better than an "inside man"

I have nothing against Yusof but I think public servants, politicians and any holder of public office must show some degree of moral standard.

Unfortunately, both sides of the political sphere, including those in public services have shown little comfort to the populace of their integrity and moral standards.

Since Yusof is unlikely to boost the people's morale of Anwar, the government should just let it rest.  


Purple Haze said...

"Legally right, Morally wrong" ?

While you are on this crusade against Mohd Yusof Zainal Abideen's decision, please reflect on your own views when these 4 people did practically the same thing - Hee Yit Foong, Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Nasaruddin Hashim, who overturned Perak politics and betrayed the voters in the state.

At least, Mohd Yusof had some principle - he had retired from his govt job before making his decision.

The 4 frogs ? They are still state assemblymen in Perak since they did not have the decency to vacate their seats.

HL, which is the greater evil ? Mohd Yusof who has retired OR the 4 frogs who still benefit from their backstabbing ? I don't recall you blogging about the 4 frogs moral values then (or lack thereof !)

I understand that objectivity may be difficult when you retain one view but do try to see the greater misdeeds for what they are.

Hantu Laut said...

Purple Haze,

I called a spade, a spade.Mohd Yusof is issue of the day, not 3 years ago. If you read with an open mind you would know I am not bias on the question of moral standard, which I have said, many times, are lacking on both sides of the political divide, be it Pakatan or Barisan.

As I wrote,...... Unfortunately, both sides of the political sphere, including those in public services have shown little comfort to the populace of their integrity and moral standards.

This man has been reviled and bedeviled by the opposition before,suddenly he has become an angel to them.

How do you expect I to respect the opposition, they are so intoxicated with false righteousness,if you are not with them, you are bad.

Purple Haze said...

We both agree that politicians are all bengkok and only pursue self serving interests.

Its the rakyat that suffers but the greater impact on Malaysia is the disgusting (in my view) actions of the 4 frogs.

Mohd Yusof has already quit the govt and although he is still embargoed by a non-disclosure clause regarding his previous work, he is allowed to pursue his own work/cases now that he is a practising lawyer.

I was suprised by his decision but the damage control by the BN/UMNO spinners is quite amusing.

It shows a growing disconnect of the incumbent govt vis-a-vis the rakyat. Not saying the Opposition is any better but the govt of the day is just getting worse day by day especially when one discovers that a petty trader can also control 28 companies and drives around in a Ferrari !

As Brutus once said, "its not that I love Caesar less. Its because I love Rome more."

Anonymous said...

The THIRD WORLD bar council, the THIRD WORLD lawyers what do you expect from them? Nothing but the THIRD WORLD mentality.

Singapore will be having By Election tomorrow. The Workers Party there is a world class opposition. They kick the Hougang MP because the guy was said to had screwed somebody wife.No question ask, no court verdict he was sacked from the party. Here we worship and die for the kind of leader with moral problem.... Is not that I don't love M'sia but I love the Moron leader more. What a THIRD WORLD....pathetic.

Anonymous said...

In Singapore, Workers' Party retains Hougang in today by-election. Can M'sia's opposition uphold moral and integrity value as what Singapore opposition has shown?