Judicial independence bruised as politicians trade blows

After tendering his resignation as the eighth prime minister, Muhyiddin Yassin reiterated that his adversaries in Umno were vexed because of his refusal to interfere in their court cases.

In a televised address, the Bersatu president said he would not sacrifice his principles, terming this as the easier option.

Muhyiddin stressed that he would never conspire with kleptocrats, disrupt the independence of the judiciary or sideline the Federal Constitution just to remain in power. 

However, observers noted that while the former prime minister should be lauded for his stand, he had, however, cast aspersions on the judiciary's independence by suggesting that the executive could alter the course of justice for political purposes.

Prior to this, Bersatu information chief Wan Saiful Wan Jan had alleged that Najib Abdul Razak had asked Muhyiddin to remove the judges presiding over his SRC International Sdn Bhd corruption appeal hearing.

Najib, who denied the accusation, later claimed he had initiated defamation proceedings against Muhyiddin and Wan Saiful as well as applied to the courts to cite the pair for contempt.

Both Chief Justice Tengku Maimun Tuan Mat and Attorney-General Idrus Harun have not commented on the issue.

Former prime minister Najib Abdul Razak

In February this year, the Federal Court found Malaysiakini in contempt over its readers' comments in a June 9, 2020, article that was published a day after the acquittal and discharge of all 46 criminal charges against former Sabah chief minister Musa Aman. Malaysiakini was slapped with an RM500,000 fine. 

In his application for committal proceedings against Malaysiakini, Idris said the comments undermined public confidence in the judiciary. 

Muhyiddin must clarify

According to former de facto law minister Zaid Ibrahim, Muhyiddin's remarks have a similar effect and must be clarified.

“A black mark in Muhyiddin's administration was his admission that he could have told the courts what to do to appease the so-called demands of the 'court cluster'.

“While he did not submit to the alleged demands, the fact that he felt he could have done so to save his administration was clearly contempt,” he told Malaysiakini.

Zaid said the former prime minister should have reported the matter to the police as such demands are an offence.

“For the sake of our judiciary, I urge Muhyiddin to clarify his statement.

“It would be best for him to affirm that no prime minister in our country would dare influence the judiciary and that our judiciary is above reproach,” he added.

Former de facto law minister Zaid Ibrahim

Meanwhile, a veteran legal expert, who spoke on condition of anonymity, said Muhyiddin's remarks have opened Pandora's box.

“Is he confirming a long-held suspicion?” he asked. “If true, then how many of his predecessors had done the same?”

During the Pakatan Harapan administration, then prime minister Dr Mahathir Mohamad announced in February 2019 plans to form a Royal Commission of Inquiry (RCI) to investigate the allegations in the affidavit of a senior Court of Appeal judge Hamid Sultan Abu Backer.

However, his statement met with resistance from various quarters. Former Sabah chief minister Yong Teck Lee later filed a legal challenge against the proposed RCI.

In June of that year, Mahathir said that since the accusations were general, the entire judiciary would have to be subjected to the RCI and this would impact the hearings of crucial cases.

Mahathir himself had been accused of using the courts to dispose of political rivals during his first tenure as prime minister, notably in the sodomy case involving his then estranged deputy Anwar Ibrahim.

Anwar, like his first case, also claimed that his second sodomy conviction during Najib's tenure as prime minister was based on a trumped-up charge.

Hamid, in his 65-page affidavit, claimed, among others, that there had been interference in Anwar's sodomy case and in a sedition appeal by the late DAP chairperson Karpal Singh.

In his recently published memoirs, former attorney-general Tommy Thomas said Mahathir had informed him that feedback revealed the RCI was not welcomed by numerous judges, both serving and retired. 

On Feb 4 this year, the Judges' Ethics Committee decided to suspend Hamid until Aug 27. He became the first judge to be suspended since the Judges' Ethics Committee Act 2010 came into effect. - Mkini