KOTA KINABALU: It is unconstitutional for politicians to call for the Prime Minister's interference in the judiciary and changing the Attorney General, say the country's legal profession practitioners.
In a joint statement, the Malaysian Bar, the Sabah Law Society and the Advocates’ Association of Sarawak said that any interference of the executive branch of the government was unconstitutional and should not be entertained by Prime Minister Datuk Seri Ismail Sabri Yaakob.
The bar professional bodies, however, said that they trust the Prime Minister to do the right thing and not to act to the contrary, as that would be an unconscionable abuse of power and a travesty to justice.
"Political interference in any case – especially one of tremendous public interest - directly encroaches upon the functions and duties of the Attorney General and the court.
"The unconstitutionality of such alleged behaviour will result in a grievous erosion of justice and will cast aspersions on the integrity of the Attorney General and the judiciary," the presidents of Malaysian Bar Karen Cheah Yee Lynn, Sabah's SLS Roger Chin and Sarawak's Antonio Sim said in the statement Monday (Aug 29).
They said they were appalled by calls of political figures for the Prime Minister to interfere in the judicial process.
"Some have even gone as far as demanding direct interference in the Federal Court concerning the case of former prime minister Datuk Seri Najib Razak and to change the current Attorney General.
"It is deeply disturbing that such calls to interfere in the judicial process, or to replace the current Attorney General, are made in blatant disregard of the principle of separation of powers and the entrenched constitutional democracy of Malaysia," they said.
Malaysia is a country that values the separation of powers between the Executive, Legislative and Judicial branches, as this provides checks and balances against one another, they added.
"Obviously, any calls to interfere or to change personnel within the office of the Chief Justice of Malaysia and/or the Attorney General, when one side loses in a court case, is but a subjective call, because at the other side of the spectrum is a side that has no such misgivings," they explained.
The three legal bodies condemn any act of politicians seeking for an intervention by the Prime Minister in an ongoing matter before the judiciary at all material points.
They said that lawyers, whether involved in the cases or not, should not be making negative remarks to undermine a decision delivered by our Federal Court and should respect it.
Legally unsound remarks could ferment distrust in the judiciary by the rakyat who may not know any better, they said, adding it is contempt and disrespect to the rule of law and the doctrine of separation of powers.
"It is pertinent to note that there have been instances in the past where politicians have been admonished, some even charged for such actions to interfere as these actions are considered abuse of power and a misfeasance of public duties," they said.
The legal fraternity said that the statements of politicians tantamount to an attack on the independence of the judiciary.
"Politicians should not be making scurrilous remarks which only serve to perpetuate misgivings and suspicion amongst the rakyat towards our judiciary, '' they said, in urging politicians to understand their role to strengthen the rule of law including the doctrine of separation of powers.
Their unjustifiable statements were instead of turning Malaysia into a legal pariah where rule of law is not sacrosanct.
"We must never forget that it is the courts that we turn to for justice as it is the last bastion of hope and final line of legal recourse available.
“The courts are beholden to no one but the law, and it is the duties of the judges to dispense justice in a manner that is in accordance with the law, and not to individuals or political parties.
"It would be a dark day indeed when the lines between our governing institutions are blurred," they said.
The fundamental concepts of judicial independence and separation of powers between the three pillars of governance – the Legislative, Executive and Judiciary - are basic hallmarks of any functioning democracy, the legal bodies reminded.
"These principles are integral to maintaining the rule of law," they said, cautioning that if all three separate powers were accumulated into one or few hands, it would lead to tyranny.
They said that such a petition by politicians harks back to the "dark days of the 1988 judicial crisis" which pitted the Executive against the Judiciary.
"As a nation, Malaysia had witnessed an upheaval that culminated in the suspension and removal of the then chief justice Tun Salleh Abas and other judges that marked a negative public perception towards the judiciary.”
Below is their statement in full.
