PUTRAJAYA – The Bar Council has condemned several government agencies in Malaysia for “misusing their powers” by disregarding legal professional privilege, urging legal advisers to remain committed to upholding the principle.
Speaking at the opening of the legal year 2024, its president, Karen Cheah, listed the Malaysian Anti-Corruption Commission (MACC), the Inland Revenue Board (IRB), and Bank Negara Malaysia as several bodies that attempted to “erode” the privilege.
The criticism came after the Bar received reports that the MACC had attempted to raid two law firms, with the IRB participating in one of them.
Cheah also referred to reports of the central bank soliciting the submission of scanned documents ahead of its scheduled on-site examinations of law firms to ensure adherence to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
“Despite the Malaysian Bar successfully obtaining a court order at the high court as far back as 2018 declaring that privilege is sacrosanct and the IRB cannot be going on a fishing expedition, lawyers continue to face such an unwarranted onslaught,” she said in a speech at Putrajaya International Convention Centre today.
Cheah said this was despite the Court of Appeal and the Federal Court upholding the decision that privilege was inviolable in 2021 and 2022, respectively.
Legal professional privilege refers to the confidentiality benefit that legal clients receive, which protects all communication between them and their legal advisors from being disclosed.
“The Malaysian Bar is unequivocal in stating that privilege is an absolute right and would go as far as to say that it is a constitutional right in ensuring access to justice,” she said.
“Privilege enables clients to repose full trust in their lawyers, sharing sensitive and confidential information to receive accurate and proper professional advice.
“Without privilege, the legal profession would lose its credibility, and confidence in the integrity of the administration of justice would be compromised.”
Meanwhile, Cheah said reforming efforts to the process and criteria of judges’ appointments would also be a focus for 2024, which includes eliminating the prime minister’s involvement in appointing members to the Judicial Appointments Commission.
She also shared that the Bar passed a resolution about judges’ remuneration and the establishment of a commission focusing on the matter.
She said it was unacceptable that judges’ salaries were last reviewed nine years ago, as compensating judges appropriately was a necessary component of judicial independence.
“Accordingly, an independent commission to periodically assess judicial compensation stands as the most promising approach to realising the sought-after foals of independence, objectivity, transparency, and consistency.
“This initiative would be advantageous for judges, those aspiring to a judicial role, and ultimately, the general public,” she said.
In 2024, Cheah said the Bar would continue striving to attract and maintain talent within the judiciary, besides preserving its independence. – January 15, 2024