Judicial failures and the need for urgent reform

 

From P Ramasamy

The claim that prosecutions were rushed under former prime minister Dr Mahathir Mohamad’s administration, beginning in 2018, raises significant concerns about Malaysia’s judicial and prosecutorial integrity.

These cases, particularly involving high-profile Umno leaders such as Najib Razak, his wife Rosmah Mansor, and current Umno president Ahmad Zahid Hamidi, have exposed deep flaws in how corruption cases are handled.

If these prosecutions were indeed hastily conducted in 2018, one must ask why current Prime Minister Anwar Ibrahim, then closely allied with Mahathir, did not raise objections.

Even if Anwar was not the prime minister at the time, his regular interactions with Mahathir would have provided ample opportunities to highlight the dangers of rushed prosecutions.

The question now is, why raise this issue only after significant damage has been done and public trust eroded?

Anwar’s recent remarks about rushed prosecutions appear to be a deflection from mounting criticism over the lack of substantial judicial and institutional reforms under his leadership.

Critics argue that his government has been lenient on prominent Umno figures, many of whom have seen charges dropped or cases dismissed without proper accountability.

For example, cases that involve the following:

• Rosmah Mansor, who was recently freed from corruption charges.
• Ahmad Zahid Hamidi, who got a controversial discharge not amounting to acquittal (DNAA).
• Musa Aman, the former Sabah governor, who was cleared in 2020, two years before Anwar assumed office.

These cases fuel a perception that political expediency outweighs justice.

Anwar’s insistence that he had no hand in these outcomes – claiming constraints on judicial appointments or royal prerogatives – rings hollow.

As prime minister, Anwar appoints the attorney-general (AG), who directly oversees public prosecutions.

If the AG has failed to act impartially or effectively, the power to replace him lies squarely with Anwar.

It is not enough to lament systemic issues without taking concrete steps to resolve them.

The disparity between how corruption cases against powerful politicians are handled versus the harsh penalties ordinary Malaysians face for minor offences highlights systemic failures.

This two-tier justice system erodes public confidence and reinforces the belief that the rich and politically-connected can act with impunity.

To restore trust, Anwar must prioritise judicial reforms. Key steps should include:

1. Separating the public prosecutor’s office from the Attorney-General’s Chambers to ensure prosecutorial independence and eliminate conflicts of interest.
2. Strengthening anti-corruption institutions to function free from political interference.
3. Implementing transparent judicial appointments that inspire public confidence in the courts.

Without these reforms, Malaysia risks becoming a state where political survival takes precedence over justice.

Anwar’s repeated claims of helplessness are increasingly viewed as excuses rather than justifications.

If he continues to avoid meaningful action, it will be a tacit admission of a lack of political will.

Ultimately, Malaysia cannot afford to allow political expediency to compromise justice and accountability.

The urgency for reform has never been greater. Failure to act decisively risks perpetuating systemic failures and further undermining public trust.

The time for action is now – anything less is a betrayal of the public’s faith in leadership. - FMT

P Ramasamy is a former Penang deputy chief minister II and an FMT reader.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.