Respect the separation of powers – let the judges be

FOR God’s sake, please leave the Federal Court judges alone. The Bench should be left to discharge its duties professionally without any form of intimidation, pressure, or certainly, interference from anyone – especially the Executive.

Malaysians are not the only ones closely following developments at the apex court involving Datuk Seri Najib Razak in his final appeal in the RM42mil SRC International Sdn Bhd case.

(On July 28, 2020, the High Court convicted and sentenced Najib on seven charges involving criminal breach of trust (CBT), money laundering, and abuse of position, all involving SRC funds, totalling RM42mil. He was sentenced to 12 years in jail and a fine of RM210mil. The conviction and sentence were upheld by the Court of Appeal.)

The world is watching how we are handling this high-profile case as it involves a former prime minister, no less.

Surely, the five-member bench led by Chief Justice Tengku Maimun Tuan Mat, who is hearing the appeal, should not be subjected to any kind of threats.

That’s not how it works.

The independence of the judiciary should not be challenged nor compromised, and over the next few days, the nation will be witnessing a defining moment.

These top judges must be free to make their decisions without fear or favour. The separation of powers in our Federal Constitution is clearly stipulated. The doctrine under which these three branches of government – the Executive, Legislative and Judicial – are kept separate is to ensure there is a system of checks and balances.

This is to ensure the government remains accountable and fair, as well as to enable each branch to act as a check on the power of the other.

It is thus a mockery, if not ignorance, when politicians suggest or expect the prime minister to intervene in a court case because they feel one of their party members should not have to face the consequences of his actions.

Deliberate acts have been carried out, in different ways and on various platforms, to embarrass the Bench with vicious insinuations hurled at the Chief Justice (and even journalists) who have written about the issue.

To be more precise, threats have been made against the CJ. To put it bluntly, it is unprecedented and shocking – words which Malaysians have now grown familiar with, thanks to certain lawyers.

Right-thinking Malaysians, regardless of their political allegiance, must stand up to voice grave concerns at what is taking place now. Politicians come and go but the institution remains.

Malaysia has been able to remain a stable and progressive nation, as we celebrate our 65th birthday, because the rule of law and order has always been upheld.

There is an established legal system in this country with the Federal Constitution recognised as the highest law of the country.

Like it or not, it is the judges who have been appointed to dispense the law and to exercise its authority.

Those facing charges are given every opportunity to challenge the decisions of the courts.

In many countries, the accused who has been sentenced to jail at the lowest court, would have been jailed immediately while going through the stages of appeal.

But here, the appellants are given bail, as in most cases, as they seek the views of the Court of Appeal and finally, a review from the Federal Court.

Malaysians who do not understand the various points of appeal have also questioned, without basis, why Najib had been allowed to roam freely. That is simply because he had not exhausted his appeals.

But the buck stops at the Federal Court, the highest court in the land, today. Everything must come to an end. Whatever decision handed down by this apex court has to and must be respected, regardless of whether we like it or not.

The grounds of their decision will be properly put in a written judgment for all to read.

Malaysia is not a half-baked Third World nation, where politicians and their apparatchik decide on the verdicts of court decisions, let’s be clear.

Leave it to the judges, please.