In the conference literature for the 12th Commonwealth Law Conf erence, taking place in Malaysia this September, delegates are welcomed to the 'vibrant and bustling metropolis' of Kuala Lumpur with its 'pot-pourri of customs, songs and dances'.

However, last month such greetings seemed inappropriate as some lawyers believed it was the last place that should host an event celebrating 'law and society in the 21st century'.

The six-year prison sentence passed on deputy prime minister Anwar Ibrahim in April sent shock-waves throughout the international legal community.

Writing about the verdict, solicitor Geoffrey Bindman, who prepared a report on Malaysia's criminal justice system in 1994, said that many lawyers were 'appalled' at the Malaysian justice system.

He questions whether the conference should proceed in a country which, as he puts it, does not have 'a wholly independent judicial system'.

However, the show goes on.

Speaking from New Zealand, CLA president Rod Hansen QC says that he understands fears that the conference might be seen as an endorsement of the Anwar trial.

However he says he has no doubts about it being held there, and that it is an opportunity for lawyers throughout the Commonwealth to express support for their Malaysian colleagues.

MBC's chief executive Catherine Eu says it is 'proud' to be hosting the event.

'It's an excellent opportunity for delegates from Commonwealth countries to see what sorts of problems there are,' she says, and 'whether [the situation] is as bad as they read in the papers'.

Luminaries from the world of law will be addressing conference delegates, including Nigeria's nobel laureate Professor Wole Soyinka; the Master of the Rolls, Lord Woolf; the Attorney General for India, Soli Sorabjee; and veteran human rights campaigner Geoffrey Robertson (see Reviews).

The recent agonising over the aptness of the venue was prompted by the conviction of Mr Mohamad's former deputy, Anwar Ibrahim, on corruption charges.

Amnesty International immediately declared him to be a 'prisoner of conscience' claiming his detention was motivated by 'political differences', and the European Union noted the court's verdict with 'deep concern'.

Charles Flint QC, who observed the trial representing the Bar Council's human rights committee and the Union Internationale Des Avocats, said it raised the issue of the continued use of the Internal Security Act in cases 'which did not raise any issues of internal security'; the 'misuse of draconian powers of arrest and interrogation'; and the use of contempt of court powers against defence lawyers which 'conflict with the duty of the defence fearlessly to protect their client'.

Mr Flint says contempt powers are being used by the judiciary to 'suppress fair criticism of the government or the judiciary'.

Mr Bindman says the Anwar case is the latest in a series of scandals which have brought shame on the judiciary.

The background for his 1994 paper on the Malaysian criminal justice system was the dismissal of Lord President Tun Salleh Abas, the senior judge of the Supreme Court.

Lord Abas had called a meeting of judges in Kuala Lumpur, after they expressed concern about the erosion of judicial independence, and after a letter was sent to the King claiming that critical statements made by the Prime Minister were undermining confidence in the judiciary.

Lord Abas was suspended from office, tried in his absence, and found guilty of misconduct.

According to Mr Bindman there followed an 'extraordinary and scandalous chain of events', where he was replaced by the Chief Justice of Malaysia, Tan Hamid Omar, who had himself participate d in the 'alleged wrongdoing' -- the letter -- but was then appointed to sit in judgment on Lord Abas.

It shocked not only the legal community in Malaysia but the whole world, he says.

Another example of Malaysia's 'draconian legislation' being enforced by the judges, according to Mr Bindman, was the case of UN Special Rapporteur on the Independence of Judges and the Law, Param Cumaraswamy.

He was quoted in an article in a UK magazine alleging corruption in the Malaysian justice system, and consequently sued for libel.

Mr Cumaraswamy, who is also a member of the MBC, claimed immunity as a UN official.

The International Court of Justice in the Hague ruled in his favour, and UN Secretary-General Kofi Annan said he had spoken in his official capacity.

The Malaysian courts are at odds with the UN, Mr Bindman concludes.

Mr Bindman says that there is a group of lawyers in Malaysia, including Mr Cumaraswamy, who have stood up for lawyers' rights and, because of the use of contempt laws, have risked imprisonment.

If the conference goes ahead, he adds, it would be 'shameful' if these views were not aired.

These issues will gain momentum in the run-up to the conference.

Last week the case of lawyer Tommy Thomas came before the appeal courts.

He was sued for defamation in an action arising from the same magazine article that resulted in Mr Cumaraswamy's action.

Mr Thomas settled out of court, but was cited for contempt and sentenced to six months after he claimed in a press statement that the settlement was 'initiated, brokered and insisted upon' by insurers and 'despite' of his 'express objections'.

According to the US-based Lawyers Committee for Human Rights the case 'demonstrates the willingness of the Malaysian courts to use the contempt powers to inflict disproportionate punishment on disfavoured lawyers'.