PETALING JAYA, July 5 — Former Chief Justice Tun Zaki Azmi has echoed concerns raised by the Bar Council that it is unwise for retired judges to appear in court.

He said they should be allowed to continue practising law rather than serve as counsel since they were better placed to give advice from the chambers.

“It is not right for a retired judge to appear in court. It would not be good for the image of the judiciary.

“It is important to note that justice must not only be done but be seen to be done.”

Zaki, who retired in 2011, said he was concerned about the possibility of a retired judge serving as counsel appearing in a case presided by a former subordinate.

“A retired judge may behave in a condescending manner.”

Zaki disagreed with the precedent set by former Lord President Tun Salleh Abas, who had appeared in court. “Just because it had happened does not make it right. This does not validate the issue.”

On the other hand, Chief Justice Tun Arifin Zakaria insisted retired judges had a right to appear as counsel in court for ongoing trials as reported by Malaysiakini.

His statement clashes with Zaki as well as retired Court of Appeal judge Datuk Mahadev Shankar, who told an English daily recently that former judges could only give opinions or risk contravening the Legal Profession Act 1974.

Bar Council president Christopher Leong had said on Tuesday that the appearance of former judges in court could lead to “embarrassing situations”.

He also suggested retired judges should instead become consultants and give advice.

Leong was commenting on former Federal Court judge Datuk Seri Gopal Sri Ram, who is now a legal consultant, reportedly appearing in court today to represent Pakatan Rakyat representatives in election petitions filed in Perak.

Meanwhile, Arifin dismissed Leong and Shankar’s reservations when he spoke to reporters at the Malaysian Legal and Corporate Conference 2013 on Wednesday.

“As far as I am concerned, when they retire, they can do whatever they want as they have their freedom and we cannot deprive them of their rights,” he said.

“The issue of judges appearing as counsel does not matter as the court will decide the case on merits and facts. It does not matter who appears before us.”