Malaysia's extraordinary Bar and Lawyers, who have repeatedly demonstrated a strong commitment to upholding the cause of justice and human rights have once again exercised the right to peaceful assembly which saw about 500 lawyers coming out to protect this time the independence of the Judiciary.
An estimated 500-strong crowd of lawyers had gathered at Padang Merbok this morning for a march to Parliament and to submit a memorandum to the government to uphold judicial independence.
Normally, the lawyers will march to the gates of Parliament, and thereafter a smaller delegation may enter and handover memorandum...but this time, the POLICE prevented the lawyers moving from the gathering point towards parliament...
The Bar was not saying that judges alleged of crimes ought not be investigated by the relevant law enforcement bodies, but were critical of manner in which the Malaysian Anti-Corruption Commissions(MACC) acted - there was no need for MACC to publicly announce the investigation against the said judge, etc >
(5) Whereas on 23 April 2022, the Chief Commissioner of the Malaysian Anti-Corruption Commission (“MACC”), Tan Sri Azam Baki, openly announced that the MACC has commenced an investigation into a Court of Appeal Judge, and named Justice Dato’ Mohd Nazlan bin Mohd Ghazali (“Justice Dato’ Nazlan”) publicly, over an allegation of unexplained monies in his bank account.
(6) Whereas on 25 April 2022, the President of the Malaysian Bar issued a press release entitled “The Malaysian Bar Stands With and Supports Malaysian Judges Who Are Independent and With Integrity — Respect and Uphold the Integrity of the Judiciary as an Integral Institution in the Administration of Justice”.
(7) Whereas on 28 April 2022, the MACC issued a press release entitled “The MACC Is Empowered to Investigate Officers of Public Body”, taking the position that it can investigate Justice Dato’ Nazlan based on section 3 of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”).4
(8) Recognising that Judges of the High Court, Court of Appeal, and Federal Court (“Superior Court Judges”) are not above the law and must be made accountable for crimes they commit, and that law enforcement agencies must be allowed to carry out their respective tasks in accordance with the law and the Federal Constitution.
(9) Recognising that any investigation of Superior Court Judges by law enforcement agencies must be done in a manner that does not erode judicial independence, and public confidence in the Judiciary and its independence.
(10) Recognising that any complaint against Superior Court Judges and its investigation by law enforcement agencies under the purview of the Executive, if given undue and unwarranted publicity, will have a far-reaching impact on Superior Court Judges and the independence of the Judiciary, and the public confidence reposited in the Judiciary.
(11) Recognising that the Judiciary as an institution, and the Superior Court Judges carrying out their judicial duties, must be protected from intimidation, harassment and frivolous investigation, particularly in cases that go against the Executive, considering that the Executive forms a large category of litigants in a position to misuse its powers against Superior Court Judges.
(12) Recognising that the undue and unwarranted manner in which the MACC publicly announced an investigation and named the judge, has the effect of undermining public confidence in the Judiciary, and is clearly an attack on the independence of the Judiciary.
(13) Recognising that the Judiciary cannot step into the public arena to defend itself.
(14) Recognising that the Malaysian Bar plays a crucial and complementary role to the Judiciary in the administration of justice and must support the independence of the Judiciary, which is essential to our democratic system, rule of law, our legal profession, and the nation.
It is hereby resolved that:
(1) The Malaysian Bar condemn, in the strongest possible terms, the unprecedented manner in which the Malaysian Anti-Corruption Commission (“MACC”) has publicly announced the commencement of criminal investigation of a Superior Court Judge, and disclosed the name of the judge to the public, for an indefinite period and without proper closure, which is tantamount to an act of intimidation against the Judiciary;
See full Bar Resolution at - Malaysian Bar prepares to WALK again this time for the independence of the judiciary - following Resolution at Bar EGM(27/5/2022)
It was shocking when the police, at the eleventh hour, prevented the lawyers to walk to Parliament to hand over the protest note to the Prime Minister... The lawyers hence were prevented from moving from the gathering point at Padang Merbok car park to the Parliament...WHY? WHY?
Once again, the lackings of the right Freedom of Peaceful Assembly in Malaysia comes to light...
How can the POLICE be allowed to exercise so much control over the exercise of this basic human right...and, of course, lawyers will be well behaved. Sad we are remembering how the 'alternative' PH Plus, who had the opportunity failed to restore the right of peaceful assembly to Malaysians...
This right is a basic human right - and police's power in controlling the full exercise of this right must be abolished. We are not a POLICE STATE - police should really be protecting citizens exercise of this right >>> not violating our right to peaceful assembly...
Cops stop lawyers from marching to Parliament
POLICE stopped some 300 lawyers from marching to Parliament from Padang Merbok to present a memorandum to Prime Minister Ismail Sabri Yaakob on upholding the independence of the courts.
The lawyers gathered as early as 9am for the Walk For Judicial Independence, with several carrying placards that read “Jom Jalan Judicial Independence”, “Walk the talk, Judicial Independence” and others.
However, before they could begin, police stepped in.
Earlier, former Malaysian Bar president Ambiga Sreenevasan said the judiciary must be free and allowed to do its duty to uphold its independence.
“It’s very simple. We don’t want anyone to weaken the judiciary.
“We want to send a message. We can see that people are trying to undermine the judiciary. Stop it. We are not going to keep quiet.”
She said the walk is legal as the Bar had sent out the notices and police were informed.
“Freedom of assembly is a constitutional right,” Ambiga added.
Members of the Federal Reserve Unit on standby during the Walk For Judicial Independence today. – The Malaysian Insight pic by Nazir Sufari, June 17, 2022.Commonwealth Lawyers Association (Australasia) vice-president Steven Thiru said they take the independence of judiciary very seriously.
“We received representation from the Malaysian Bar on what is happening here.
“The independence of the judiciary is something that can never be compromised in a country that believes in the rule of law.”
Thiru said the association has expressed its support and solidarity with the Bar.
“They (Malaysian Bar) are not standing alone, they are supported by the international community.”
Chief Justice Tengku Maimun Tuan Mat in April said criticism towards judges and the judiciary has gone overboard.
While judges are open to criticism, especially concerning high profile cases, the recent attacks are too much, she added.
“The judiciary has been dealing with high profile and public interest cases of late.
“It is normal for judges to receive criticism from parties who are unhappy with the decisions of the courts.
“However, the criticism levelled at judges and the judiciary, in my opinion, has gone overboard.”
The Malaysian Anti-Corruption Commission opened an investigation into Court of Appeal judge Mohd Nazlan Mohd Ghazali over alleged unexplained money in his bank account.
Nazlan was the judge who convicted former prime minister Najib Razak over the misappropriation of RM42 million of SRC International Sdn Bhd funds.
The Malaysia Today blog claimed that the judge is being investigated
for an “unexplained” RM1 million in his bank account. – June 17, 2022, Malaysian Insight
Bar slams cops after ‘Walk for judicial independence’ thwarted
KUALA LUMPUR: The Malaysian Bar has condemned the police for preventing its “Walk for judicial independence” after officers barricaded its members at Padang Merbok.
Bar president Karen Cheah said the Bar would look to level charges of breach of statutory duty and failure to uphold the Peaceful Assembly Act 2012 against the police.
“We, the Bar, are not afraid to take action if there is a need to,” she said. “We will definitely take this to court.”
Cheah said they had followed the appropriate procedures and submitted the relevant documents to the authorities in the lead-up to the walk, adding that the police had no valid reason to prevent it.
“Police failed to ensure we were able to exercise our constitutional right to peacefully assemble as stated in the Federal Constitution.
“This was a form of abuse of power as instead of facilitating our walk, they went out of their way to intimidate us,” she said at a press conference after this morning’s gathering.
Cheah said the Bar would conduct a “fact-finding” mission, gathering photographs and videos from the gathering as evidence of police transgression.
An estimated 500-strong crowd of lawyers had gathered at Padang Merbok this morning for a march to Parliament and to submit a memorandum to the government to uphold judicial independence.
The Bar’s walk was organised to voice its dissatisfaction over alleged intimidation towards the judiciary, particularly over the Malaysian Anti-Corruption Commission’s investigation into Court of Appeal judge Nazlan Mohd Ghazali.
Malaysian Bar members negotiated with the police at the scene but the talks broke down after the authorities said only 20 lawyers were allowed to march to the Parliament building, which the Bar rejected.
The lawyers tried to go ahead with the march but failed to break through the police barricade formed at both ends of the Padang Merbok car park.
Deputy law minister Mas Ermieyati Samsudin later arrived at the
scene, accepting the memorandum from Cheah. She said she would hand it
over to Prime Minister Ismail Sabri Yaakob and law minister Wan Junaidi
Tuanku Jaafar. - FMT, 17/6/2022
Photo gallery: Malaysian Bar holds peaceful protest to uphold judicial independence
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