— Ronald Benjamin
The Malaysian Insider
Jan 27, 2012

JAN 27 — Since Anwar Ibrahim’s acquittal, political commentators and prominent intellectuals have made statements that the judiciary has shown independence. Prime Minister Najib Razak has said that the High Court decision is testimony that he has not interfered with the judiciary. Is the PM implying there was indeed interference before?

Is our judicial system built on such shaky grounds that it has to depend on the goodwill of a prime minister in office for its independence? While it is true recent cases such as the judgment on the Universities and University Colleges Act and the conviction of a prominent state politician have suggested the independence of the courts, these rare decisions do not make the judiciary independent.

One of the greatest truths in any meaningful reforms is the ability to dig deep beyond the surface to discover the root cause of the judicial rot and accepting the widespread perception that interference of judiciary may have occurred. The culprits must be nailed and remedial solutions must be found. Atonement must be shown for past mistakes, and we can then look forward to a lasting solution that would allow us to leap forward into a new era.

This requires honesty and truth seeking. Has our judiciary undertaken such soul searching in its quest to become truly independent? Some commentators have argued that over the years the judiciary has shown independence by taking action against both government leaders and opposition politicians and this by itself shows independence. But this argument is simplistic because the judicial process is not merely based on the judgment in a given case. The details of the process of justice itself, whether it meets the standards of natural justice and its ability to adhere to the supreme objective law of the constitution, are other major considerations. This is where the Malaysian judiciary system appears to have failed compared with other countries with a more well developed and independent judiciary. Read the rest of this entry »

Mariam Mokhtar | Jan 23, 2012
Malaysiakini

This is not an auspicious start to the Year of the Dragon for the PM. The person who controls events in Malaysia and who will undoubtedly shape its future, is one effete man called Saiful Bukhari Azlan.

Prime Minister Najib Abdul Razak is wrong to think he leads the country.

Malaysians thought that after 9 January, the nation would move on, but their dream was shortlived. Only in Malaysia would the government and its institutions, like the judiciary, be preoccupied with Saiful’s posterior, just as his face will always be associated with Sodomy II.

So now, instead of the nation concentrating on a way forward, of improving our lives, of revitalising the economy and of making sure our politicians do the work we elected them for, we are trapped in Sodomy II, Scene 2. Read the rest of this entry »

— P. Ramakrishnan
The Malaysian Insider
Jan 18, 2012

JAN 18 — Datuk Seri Anwar Ibrahim’s acquittal and discharge could not have earned the judiciary any brownie points. Neither did the trial judge, Justice Datuk Zabidin Mohd Diah, come across as someone capable of blazing a new trail in proactive justice.

In fact, the court proceedings only disappointed Malaysians the way the judge denied the defence the many crucial notes they were entitled to, dismissed their right to question the prime minister and his wife by granting their application not to appear as witnesses, and refused to recuse himself as the presiding judge by dismissing Anwar’s application that he was biased in the proceedings.

He even strengthened this belief by concluding at the end of the prosecution case that Saiful was a “truthful and credible witness” without even hearing the defence side of the case. The bias was so blatant and so obvious. Read the rest of this entry »

by James Hookway
Wall Street Journal

Malaysian leader Najib Razak pointed to the acquittal this week of opposition leader Anwar Ibrahim as evidence he’s serious about political reforms, even inviting an election battle that could propel him out of power.

Eager to paint himself as a leader of the Malaysia’s most sweeping political reforms since independence, Mr. Najib appears to be betting that the judiciary’s release of Mr. Anwar would help rather than hurt him politically.

Three days after Malaysia’s High Court acquitted Mr. Anwar on sodomy charges this week, Mr. Najib said in an interview Thursday that both the government and opposition camps will step up their race to claim the center-ground of Malaysian politics in the coming months—but that this will only strengthen the predominantly Muslim country and provide a fresh example that democracy and Islam can coexist. Read the rest of this entry »