When lawyers walked again

 

Last Friday, hundreds of lawyers gathered at the Padang Merbok car park in Kuala Lumpur in support of judicial independence.

The ‘Walk for Judicial Independence’ was pursuant to a Malaysian Bar resolution adopted at the extraordinary general meeting of the Bar.

The EGM, which took place at the end of May, condemned, “in the strongest possible terms”, any interference at any time with the independence of the judiciary, and breaches of the fundamental principle of separation of powers.

The Bar at the EGM also resolved that the Bar should organise and lead a peaceful protest for this purpose.

The EGM and the subsequent peaceful protest were a reaction to the way the MACC publicly announced the commencement of a criminal investigation on Court of Appeal judge Mohd Nazlan Mohd Ghazali, and disclosed the name of the judge to the public.

Lawyers were not happy with what was perceived to be an attempt to cast aspersions and sully the good name of the said judge. Some also believe that it could be an attempt to intimidate other judges who are presiding over high-profile cases, to ensure that favourable decisions are made for certain individuals.

Court of Appeal judge Mohd Nazlan Mohd Ghazali

Make no mistake, it is not that judges cannot be investigated or that they are above the law. Judges, like all other officers of the state, can be investigated for alleged corruption. However, there is the need for public trust to be reposed in the judiciary, especially when it involves a sitting judge. The crux of the issue is the manner in which the investigations were publicly announced.

“Lawyers don't walk every day. Not even every month. But when they walk, then something must be very wrong,” said then Malaysian Bar president Ambiga Sreenevsasan in 2007.

So, on June 17, lawyers walked again. Clad in black and white, they came from all over the country. Of course, civil society and opposition MPs also came, but it was clear that this was a lawyer’s protest.

Journey cut short

After fiery speeches by the office bearers of the Malaysian Bar, led by president Karen Cheah, the Bar moved to march to Parliament in order to deliver a memorandum to the prime minister.

Yet, their journey was cut short when the police prevented the protesting lawyers from leaving the Padang Merbok car park. Two attempts at two different exit points were made, and both were unsuccessful.

In the end, the deputy minister in charge of Parliament and Law, Mas Ermieyati Samsudin, came to Padang Merbok and accepted the memorandum on behalf of the government.

There was no rhyme or reason as to why the Bar was not allowed to march to deliver the memorandum. The requisite notice had been given under the Peaceful Assembly Act, and it was clear that the protest and intended march would be a peaceful one. But for whatever reasons, the police stopped the march before it began.

The police subsequently issued a statement saying that they will be calling up those who attended the assembly in order to record their statements.

It is unfortunate that the authorities have taken this stand. We have come a long way in terms of protests, assemblies and demonstrations. Yet, over the past two years, it seems that the authorities have regressed in their approach toward the right to peaceful assembly.

But for the Malaysian Bar, the message conveyed was loud and clear; we will not tolerate any attempt to interfere and intimidate the judiciary. We will rise to defend the last bulwark of fundamental liberties in this country. - Mkini

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang.

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