Intimidation of judiciary must stop, say former Malaysian Bar presidents


PETALING JAYA: Former presidents of the Malaysian Bar have come out strongly against alleged attacks on the judiciary in relation to leaked documents involving the probe into judge Datuk Mohd Nazlan Ghazali.

A group of fourteen past Bar presidents, in a statement Friday (April 7), said the continuing intimidation of the judiciary by irresponsible actors in connection with the SRC case is a danger to the rule of law.

The signatories are VC George, Param Kumaraswamy, Zainur Zakaria, Cyrus Das, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Lim Chee Wee, Steven Thiru, George Varughese, Fareed Abdul Gafoor, Salim Bashir and AG Kalidas.

"In particular, 14 judges have considered the SRC case and 13 of them have handed down reasoned judgements upholding the convictions.

"Further the purported conflict of interest of Justice Nazlan Ghazali was canvassed and and argued by the lawyers for Datuk Seri Najib Tun Razak before two separate panels of the Federal Court.

"On both occasions, the Federal Court had considered the matter and decided there was no merit in the allegations," they said.

The group also raised the concerns on the "leaked" Malaysia Anti-Corruption Commission (MACC) letter dated Feb 21, 2023, addressed to the Chief Justice that went viral and contained a purported "finding" or "view" by MACC that Justice Nazlan was in breach of the Judges Code of Ethics.

"This constitutes a serious transgression by MACC of their authority and jurisdiction under the governing Act, which are not within its purview nor competence, as it falls within the purview of the Judiciary.

"We note that a letter from the Minister of Law Datuk Seri Azalina Othman to Najib's lawyers was similarly leaked.

"It is unusual that a minister has seen fit to respond and provide information to a litigant in respect of MACC's letter to the Chief Justice, which reeks of interference," the statement read.

The group also expressed their profound disappointment at the silence of the Attorney General on the matter as the case has given rise to an unacceptable level of intimidation against judges who are doing their duty to uphold the law without fear or favour.

"They are facing constant harassment and are subject to machinations and schemes by some with vested interests.

"Does anybody believe that if it was not a powerful political figure who is involved in the SRC case, the current attacks on the Judiciary would occur?

"Do Malaysians want to see, again, our justice system compromised by powerful politicians?

"Finally, one may criticise a judgement of the court, but it must be done in temperate terms for a proper purpose and without casting any aspersions or ascribing improper motives against a judge," the group said.

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