Anwar falls behind Mahathir, Muhyiddin and Ismail in protecting judicial independence, say prominent lawyers
Nine former presidents of the Malaysian Bar jointly warn against a relapse into the 'unfortunate past'.
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A group of prominent lawyers have delivered the most damning assessment yet of Prime Minister Anwar Ibrahim, saying his government is falling behind the three previous governments, including that of Dr Mahathir Mohamad's second term when it came to ensuring the independence of the judiciary.
A joint statement issued yesterday by nine former presidents of the Malaysian Bar also welcomed Chief Justice Tengku Maimun Tuan Mat's recent speech in which she called for the protection of judicial independence, a subject that has evoked widespread concerns in the legal fraternity in recent months.
"The pressures put on the judiciary in the last several years by external forces, were clear to many of us who know the signs only too well," reads the statement signed by former Bar presidents Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Lim Chee Wee, Christopher Leong and Steven Thiru.
"It is widely perceived that the previous three governments valued and respected judicial independence more that the current government, which is extremely disappointing, to say the least."
The current government was preceded by the administrations of Ismail Sabri Yaakob, Muhyiddin Yassin and Dr Mahathir Mohamad, the latter ruling for the second time after the fall of Barisan Nasional in 2018.
In her speech at the Opening of the Legal Year 2025 in Putrajaya on Jan 8, Tengku Maimun recalled Anwar's earlier remarks during his time in opposition when he lamented political interference in the appointment of senior judges.
She also warned anyone including political parties not to interfere in the appointment of judges by recommending names to the prime minister, remarks that came months after concerns were raised over the promotion of former attorney-general Ahmad Terrirudin Salleh as Federal Court judge.
In their statement, the former Bar chiefs said there was an urgent need to preserve the independence of the judiciary, adding that it was the result of "years of the painstaking rebuilding of its weakened structures".
"Any backsliding into the unfortunate past must be stopped immediately lest the country and its people pay the price once again," they added.
"In countries where authoritarianism thrives, the first casualty is often the independence of the judiciary. Why? Because they are the institution that stands between the people and any abuse of power by the state, thus holding them in check."
Since taking office in 2022, Anwar has come under fire not only for failing to fulfil his promises of reform, but also for decisions to exonerate his political allies, particularly his deputy Ahmad Zahid Hamidi.
The Umno president, whose support for Anwar was crucial in forming the government after the 2022 general election, had faced 47 corruption charges involving tens of millions of ringgit belonging to Yayasan Akalbudi.
In September 2023, Zahid was granted a discharge not amounting to an acquittal (DNAA), not long after a vocal member of the prosecution announced her sudden retirement.
Last month, the attorney-general withdrew its appeal against Zahid's acquittal of 40 corruption charges related to the foreign visa system (VLN).
Earlier this month, Anwar made a startling admission that he had personally brought up jailed former prime minister Najib Razak's application for a royal pardon during a meeting of the Pardons Board.
Najib, who was sentenced to 12 years' jail for embezzling RM42 million from SRC International Sdn Bhd, was granted a partial pardon early last year by halving his sentence and reducing his fine from RM210 million to RM50 million, with a further bid to serve his sentence at home.
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