Will our legal system ever be great again?
A call for reform
It was both shocking and refreshing to hear Prime Minister Anwar Ibrahim admit that several high-profile cases brought against members of the former Barisan Nasional government following the 2018 general election (GE 14) were flawed. Anwar reportedly went further, saying that some of the cases took the form of “political vengeance” and were prosecuted with “venom” and “enmity” by “those in power at the time”.
Prosecutorial anarchy
Anwar’s view is one I have held for a long time. In previous columns, I have highlighted the prosecutorial anarchy orchestrated by various members of the executive post GE 14 through various government agencies, purportedly in the exercise of constitutional powers. In reality, however, these actions were carried out without due regard to international conventions relating to ethical prosecutorial practices and the due process of law. They were simply designed to fix key political opponents.
Double standards
Critics have openly questioned several controversial prosecutorial decisions taken by each of the regimes that followed. However, those taken during the early years of the Pakatan Harapan government continue to be defended as justiciable even to this very day. In my view, there is clearly a double standard at play here.
Restoring the rule of law
The attorney-general (AG) appointed by the PH government brought multiple court cases against leading BN politicians and members of their families. A case against a PH Cabinet minister was controversially discontinued, although the AG at the time said he was not personally involved in that particular decision. Subsequent AGs who held office during the Perikatan Nasional, Umno-PN, and Madani regimes that followed have taken a similar path.
A call to action
Since the prime minister has now admitted that these high-profile prosecutions have suffered a similar fate – a claim that no one has come out to deny – what is his government, the law and institutional reform minister, the AG, the Bar Council, civil society, and the public at large going to do about them? Will 2025 finally see the AG divested of his prosecutorial powers? Will we see a tightening of judicial appointments so that they comply with the law? Not too long ago, a former AG admitted that several appointments to the top judicial posts did not go through the Judicial Appointments Commission. That appears to have happened again in two key appointments recently.
Conclusion
The views expressed are those of the writer and do not necessarily reflect those of FMT. It is time for our legal system to be restored to its former greatness. We must work towards ensuring that our judges are appointed on merit, that our prosecutors act with integrity, and that our laws are fair and just for all.
FAQs
* What does the prime minister’s admission mean for the high-profile cases brought against members of the former Barisan Nasional government?
* How will the government, law and institutional reform minister, AG, Bar Council, civil society, and public at large address the issue of double standards in prosecution?
* What steps will be taken to restore the rule of law and ensure that our judges are appointed on merit?
* Will the AG be divested of his prosecutorial powers?