YOURSAY | In this battle, public opinion is with the judiciary

 

YOURSAY | ‘If the judiciary is to uphold the highest standard then it has to set the tone.’

Recent criticism against judiciary gone overboard, says chief justice

Vijay47: Madam Chief Justice Tengku Maimun Tuan Mat, if there is one thing you can be sure of during these trying times, it is that the rakyat are fully behind you.

We share your deep concern and intense displeasure over the recent offensive intimations made against the judiciary in general and certain judges in particular.

There seems to be a belief by some that the tolerance shown towards them entitles them to push the limits within which they can cast aspersions on the courts.

But madam, if I may humbly be allowed to say so, perhaps it is the court’s own generosity that invited such attitudes and comments upon you by the accused and their counsel, especially those who believe that they presently or previously resided at plateaus beyond the reach of the common man.

Now they are abetted by peacocks who strut about on their lofty perches. It is more than time that such arrogance be brought to an end.

It is both necessary and unfortunate that the judges themselves are shackled by the expectations of their office, that they have to be guided solely by the law and not influenced by sentiments.

To refer to one specific issue, I believe the concession of “stay pending outcome of appeal” is not mandatory, it rests on facts and reasons and never on personalities.

Worse, those who should be grateful for your charity take it as evidence of weakness and actually misuse the deferment granted – plead for one reason and employ for another purpose.

It is time, madam chief justice, that you come down hard upon these people, especially to demonstrate that under appropriate circumstances, the stay given can be withdrawn.

BlueMouse0551: Well said, honourable chief justice. Criticisms and attacks on the judiciary via unfounded allegations have truly gone overboard and they are repugnant.

As an ordinary citizen who upholds integrity, morals, principles and good practices with honesty, ethics and conscience, I feel revulsed and nauseous.

Allegations should be made with facts, evidence, proof and documentation. The misdemeanour of some lawyers in attacking the judiciary, especially when the judgment is not in their client’s favour has to be admonished vehemently.

Even the Malaysian Bar was silent and took a “wait and see” stand before speaking up.

Meanwhile, members of the public were enraged with the allegations against judge Mohd Nazlan Mohd Ghazali and immediately sensed that something “fishy” was going on.

It seems he is being targeted maliciously by some unscrupulous and vindictive sources who immediately spoke against his judgment on the 1MDB case on social media.

Our justice system and judiciary must be protected against malicious accusations and attacks.

Clever Voter: Assaults on the judiciary are to be expected with high-profile corruption cases involving politicians.

The court cluster is real, their motives are unquestionable. The challenge is for the judiciary to ensure it has the courage to ride over the challenges.

Judges are only humans. They, too, face temptations. There are bad apples too.

If the judiciary is to uphold the highest standard then it has to set the tone, reflect it in its judgment and for the country’s sake put closure to those outstanding cases involving crooked politicians.

MarioT: Madam, in some cases, people are not being critical but merely expressing our concerns about some of the recent happenings involving a highly respected member of the judiciary.

The judiciary is held in high esteem and it must always safeguard its integrity and honour. But when some troubling events occur, there may appear a tendency to show our frustration.

Instead of admonishing the public for their comments, you should give us the confidence of an impartial judiciary that executes without fear or favour to punish the guilty.

Dr Raman Letchumanan: I hope the inspector-general of police is reading this.

The police have yet to announce if any action will be taken on judge Nazlan’s police report, while the MACC chief has publicly announced that a probe is being conducted on the judge based on a report by someone only he knows.

Oh, by the way, the police should also let us know the outcome of the police reports against the MACC chief on securities trading.

I hope the police will also follow the same principles and standards as the MACC where every report will be investigated speedily and announced publicly as action is being taken.

Mano: The recent attacks on the judiciary and the specific judge are so deplorable. But to have the MACC in tow was a double whammy to many of us who believe in separation of powers. The judiciary should always be sacrosanct.

However, I cannot understand why the judiciary didn’t tell MACC to go fly a kite since even if there was a case involving a judge, the judiciary does have its own governing body.

FairPlay: Oftentimes, a polite but firm statement made by an authority with greater power is more effective than a statement made by a lesser authority that is couched in strong and forceful words.

For example, the words used by the chief justice such as “unsubstantiated accusations against the judges and the judiciary recently have gone overboard”, although polite by themselves, carry a strong and forceful message to those who made such statements and especially those in authority who open up investigations based on such unsubstantiated accusations.

Therefore, the lesser authorities should take note - do not cross the line.

BrownCheetah9736: “Tengku Maimun said it was important to emphasise that the judiciary is the last line of defence in a constitutional democracy, and there must never be a suspicion that the judiciary is captured.”

This is ominous and prophetic. If this “last line of defence” goes, then we are truly in banana land. - Mkini