Name those who seek to obstruct course of justice, Bar urges PM

PETALING JAYA: Prime Minister Tan Sri Muhyiddin Yassin has been urged to name those who seek to obstruct the course of justice.

The Malaysian Bar today made this call after Muhyiddin’s latest statement that he received pressure from particular parties to intervene in court matters as a way to exonerate several unnamed individuals from criminal charges.

“This assertion is deeply concerning and, if true, is tantamount to the commission of several criminal offences, including obstruction of justice and abuse of powers,” Malaysian Bar president AG Kalidas said in a statement.

“It is pertinent to note that the act of obstructing a public servant in the discharge of his/her public functions is a criminal offence under section 186 of the Penal Code, and the definition of a “public servant” in section 21 of the Penal Code encompasses judges and officers of the court.”

Pursuant to section 202 of the Penal Code, it behoves a person who has a reasonable belief that an offence has been committed, to give information in respect of that offence. Failure to do so is tantamount to an offence, Kalidas pointed out.

“Whomever that had approached the Prime Minister to intervene on their behalf is procuring the commission of a criminal offence.

“According to section 25 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 (Act 694), any person who is given, promised or offered any gratification — which in this context includes the promise of political support — shall report this to the MACC without any delay.

“’Gratification’ under section 3(f) of Act 694 includes any service or favour, and this includes protection from any penalty from action or proceedings. It is evident from the law that the Prime Minister is legally obliged to report such an incident immediately to the MACC,” he added.

The Malaysian Bar urges the prime minister to name the individuals who have made such requests and to lodge a report with the relevant authorities, without any further delay. The police and the MACC must promptly commence investigations into these incriminating accusations, Kalidas said.

“In addition to investigations, the Malaysian Bar calls for the immediate setting up of a Royal Commission of Inquiry (RCI) to look into these claims. This is a matter of critical public importance, and under no circumstances should the independence of our justice system be compromised.

“The Prime Minister’s claims are serious allegations of attempts to persuade him to break the law and abuse his prime ministerial powers, and these have acute implications on the rule of law and the administration of justice in our country. A thorough investigation must be undertaken to uncover the extent of any attempt to interfere with our justice system,” he added.

The importance of a democracy where the Judiciary is insulated from political interference, cannot be overstated, he said.

The Judiciary must be independent and impartial, free of all external influences so that it can carry out its functions without any impediment. It is the responsibility of, not only the Courts, but of all our institutions — the Legislature, Executive and Judiciary — to ensure that no one is above the law, irrespective of their political or social affiliations.

“The prime minister therefore, owes a duty to the rakyat, as the leader of this country, to provide a full and frank disclosure of the identities of these parties and bring them to justice. We call upon the prime minister to lead by example. If no clear explanation is furnished and no report is made, this may give rise to unnecessary speculation or perception concerning the prime minister himself,” he added.