Intimidation of judiciary: Heart of the matter

 

There is a nefarious pattern of intimidation against judges in Malaysia from discharging their functions independently of late. 

Unfortunately, this issue has been sidetracked by discussions on whether MACC has the power to investigate a sitting judge, and whether this amounts to a threat to the separation of powers. 

In my respectful view, that is not the right question to ask. 

The more important question is this: Looking at the relevant facts in recent months, is there a pattern of intimidation against the judiciary in relation to former premier Najib Abdul Razak’s criminal case?

To me, the facts are very telling:

1. The source of the allegation against Court of Appeal judge Mohd Nazlan Mohd Ghazali (who convicted Najib at the High Court) first came from a discredited blogger and a well-known supporter of Najib. 

2. The MACC chief commissioner then publicly declared that they are investigating Nazlan, even though this can be (and ought to be) done discreetly.

3. Certain politicians and social media accounts (often anonymous) rely on these specific allegations to attack Nazlan and the judiciary as a whole in relation to Najib’s criminal case.

4. Chief Justice Tengku Maimun Tuan Mat herself in a speech on April 27 found it necessary to warn of these very attacks against the Judiciary. To quote: “Namun, apa yang berlaku dalam beberapa hari ini yang membabitkan tohmahan terhadap hakim dan badan kehakiman, pada pandangan saya, agak keterlaluan.” Her Ladyship further said: “However, that does not mean that it is open to citizens including politicians to level unfounded and scurrilous attacks against the judiciary or a particular judge to further their own end.” It is quite unprecedented for a chief justice to make such comments publicly. 

Chief Justice Tengku Maimun Tuan Mat

It does not take a rocket scientist or a PhD in law to deduce what message is being sent to the judges, particularly to those at the apex court who will now hear the final appeal. 

What more evidence do some people and lawyers want before they finally wake up? A crystal-clear recording of the plotters discussing their scheme over Zoom, ala the 2007 VK Lingam scandal? 

Distraction by other discussions

Leading business newspaper The Edge in their May 5 publication could immediately draw the dots, referring to recent attacks against the judiciary and the Securities Commission. 

Distinguished retired Malaysian ambassador Dennis Ignatius sharply observed: “Of course, judges are not above the law. And no one is suggesting that judge Nazlan should be given a free pass simply because he delivered a judgment that most Malaysians readily agree with. What is obnoxious and unacceptable is the way unfounded allegations from a dubious source are being used to discredit a judge and advance the agenda of a convicted felon.”

This, ladies and gentlemen, is the heart of the matter. 

Don’t let other discussions distract you from this. Including pieces written by former chief justices who seem to be blind to facts so painfully obvious to even those who are not legally trained. 

The judiciary, together with a hand few agencies, are the only independent institutions left standing in this country.

Court of Appeal judge Mohd Nazlan Mohd Ghazali

We will live to regret knowing that we could have done something today in mid-2022 to stand up for this august institution but did not. 

Therefore, I urge fellow learned members of the Bar to do two things.

First, sign this petition organised by former presidents of the Malaysian Bar to call for the Bar Council to lead a march to defend the judiciary.

Second, do attend the EGM on May 27 and make your voices heard.

This is a very serious matter, and if left unchecked, these attacks will intensify as the appeal at the Federal Court comes close.

Demand for the Bar Council at the EGM to lead a march to defend the judiciary. 

Nothing less than a walk or a march to defend the judiciary will suffice – because, if you haven’t learned by now, it is only when people go to the streets that the powerful in Malaysia will tremble and think twice. 

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LIM WEI JIET is a member of the Malaysian Bar. - Mkini

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.