I have submitted to the Speaker of Parliament, Tan Sri Ramli Ngah a second urgent motion for debate in Parliament on Wednesday – the extraordinary dropping of the 37 charges against the Selangor State Assemblyman for Port Klang Datuk Zakaria Md Deros and five of his business partners under the Companies Act 1965.
The nub of the argument is that the dropping of Zakaria’s 37 charges have illuminated the new crisis of confidence in the system of justice in the country.
This is the latest setback in the past two months before the 50th Merdeka anniversary celebrations on 31st August 2007 shattering public confidence in the independence, integrity and professionalism of national institutions causing more and more Malaysians to ask what has gone wrong with nation-building.
The failure to give satisfactory explanation for the withdrawal of the 37 charges against Zakaria has reinforced public perception that there are politically-powerful people in the country who enjoy immunities and privileges to the extent that they are a law unto themselves and not subject to the ordinary laws of the land binding on all Malaysians.
This is a great blow to public and investor confidence in the just rule of law, especially efficient upholding of law and order and the fair administration of justice, which had reached increasingly critical level because of a series of incidents including:
- Sloppy police investigations of crimes and sloppy prosecution even resulting in many accused charged with serious crimes being acquitted without their defence being called;
- Long delays by judges to deliver grounds of judgments — in one case involving nine years and three months and with one Federal Court judge with 33 outstanding grounds of judgments for criminal and civil cases dating back to his High Court tenure.
- The seven-month constitutional crisis over the appointment of the new Chief Judge of Malaya which highlighted the urgent need for judicial reforms including having a Judicial Commission to recommend appointment and promotion of judges.