CJ: Understand judgment first

KUALA LUMPUR: Politicians and the public are urged to read and understand the reasons for the judgment of a court case before making any statements or conclusions.

Chief Justice Tun Tengku Maimun Tuan Mat said comments attacking the judicial system without understanding the judgment are based solely on sentiments.

She also said the statements made showed that they had not read the reasoning of the judgment and did not understand the law, thus leading to irrelevant statements and comments.

“My personal opinion is that the comments made by people who don’t understand show their lack of understanding because they don’t read the judgment.

“If they don’t read, they don’t understand; if they don’t understand, they will make comments that are inappropriate and irrelevant to the issue.

“Of course, the whole thing can be said to be based solely on sentiments without being based on an understanding of the law and the reason for the judgment itself, the court’s decision itself, is not really understood,” she said.

Tengku Maimun was speaking to reporters after attending the Second National Litigation Conference 2022 at the Asian International Arbitration Centre (AIAC) here yesterday as a guest of honour.

The Chief Justice had been asked to respond to statements by politicians attacking the judiciary after the five-member bench led by her on Aug 23 affirmed former prime minister Datuk Seri Najib Razak’s 12-year jail sentence and RM210mil fine for misappropriating RM42mil from SRC International Sdn Bhd, a company linked to state fund 1Malaysia Development Bhd.

The landmark decision saw Najib become the first former prime minister to be sent to jail.

Advising people against jumping to conclusions, Tengku Maimun said doing so would invite chaos.

“It’s not fair to be making statements on things you don’t understand; that would bring chaos. You don’t have the basic knowledge, you don’t have the full understanding yet you’re making statements; that’s not right,” she said.

Tengku Maimun also said she was grateful to have the backing of the Malaysian Bar, which issued press releases to rebuke the attacks by the politicians.

“The Malaysian Bar has in fact issued press releases and they have explained the real positions of why the cases were decided that way and why politicians should not make conclusions or make statements, so I’m very grateful for the support,” she said.

Her advice to the public would be to understand the court’s decision by reading the judgment or consulting those who are more knowledgeable about the matter, she said.

“That’s the basic thing, isn’t it? If you don’t understand, you ask,” she said.

Earlier, Kuala Lumpur Bar Committee chairman Vivekananda Sukumaran, in his speech, said judicial power and judicial independence are fundamental and sacrosanct to the principle of the separation of powers that stands as one of the basic structures enshrined in the Federal Constitution.

He also said public confidence in the judiciary is the hallmark of a mature and effective democratic government under the Constitution.

“The Malaysian Bar has consistently defended the independence of the judiciary and public confidence in the judiciary as part of its statutory obligation to uphold the cause of justice without regard to its own interests or those of its members, uninfluenced by fear or favour,” he said.