PETALING JAYA: We fully support Malaysian Bar president Karen Cheah in her defence of the judiciary's independence, say eight past Bar presidents.
In a joint statement Tuesday (Aug 30), the eight past presidents, comprising Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Lim Chee Wee, Steven Thiru and George Varughese, said that while due process was vital, it was also important to note the facts of a case as presented before the courts.
ALSO READ: Political interference into judiciary unconstitutional, say legal profession bodies
"There is no doubt that due process is critical to our justice system.
"However, was the former prime minister (Najib Razak) deprived of due process as alleged widely by his supporters?" they asked.
"The appellant did not deny RM42mil had entered his personal bank accounts.
"He, however, denied knowledge that the funds were from SRC International.
"He also stated that the monies credited into his AmIslamic bank accounts were from Arab donations," they said.
"The High Court and Court of Appeal... found the explanations of the appellant untenable.
"The Federal Court agreed that this was a reasonable conclusion. It was not inherently improbable and is a conclusion that the courts were entitled to (arrive at) on the evidence and records before them.
"No doubt the appellant is entitled to pursue other legal avenues that may be open to him. But for anyone to suggest that he was not given a chance to submit in the Federal Court is false," they added.
ALSO READ: Act against those who undermine integrity of our judicial system
The past presidents also said that mention must be made of the outrageous and spurious allegation of bribery against a High Court judge.
"On Aug 9, this serious charge was nonchalantly withdrawn by the appellant in an affidavit filed in support of the application to adduce fresh evidence.
"It is difficult to find a greater travesty occasioned upon the trial judge that in our view has criminal consequences.
"Not only is this a baseless assault on the learned judge, it is an assault on the whole judiciary.
"The Attorney General must especially appreciate the ramifications of such assaults on the judiciary, having been a former judge of the Federal Court himself.
"We trust he will act on these false allegations," they said.
They also raised concern on judgments that were allegedly leaked, describing it as "a new and unhealthy phenomenon" that had emerged.
"Twice, judgments of the Federal Court and High Court have been leaked and carried by a discredited blogger.
"These unhealthy events are unprecedented in our history and are a stain on the administration of justice.
"They are clearly an attempt to undermine confidence in the judiciary and can be seen as a means to threaten the judges, and are potentially criminal acts.
"This unhealthy and illegal practice must stop," they said.
ALSO READ: Judges should fear no one, says Sultan
The statement concluded with the eight past Bar presidents saying they stood with the judiciary in these unprecedented times in facing an onslaught by individuals attempting to strike fear in the judges and undermine their independence.
"We commend the judges who have not flinched in the face of such appalling threats.
"The judiciary has shown (it is) determined to do justice 'though the heavens may fall'.
"We thus stand with the Malaysian Bar who will defend the brave judges for upholding their oath of office without fear or favour," they said.
