This article first appeared in The Edge Malaysia Weekly on May 2, 2022 - May 8, 2022

WE should be concerned that in recent weeks, the work of two important institutions — the judiciary and the Securities Commission Malaysia (SC) — have come under pressure from people not happy with decisions they have made. Indeed, pressure may be too mild a word, as what has happened is akin to intimidation.

Let’s start with the judiciary.

A blogger with a tainted reputation accused Datuk Mohd Nazlan Mohd Ghazali, the judge who first convicted former prime minister Datuk Seri Najib Razak in the SRC case, of having a personal interest in finding Najib guilty. The allegation was that Nazlan was part of a conspiracy hatched in Maybank (where Nazlan was then employed) against 1Malaysia Development Bhd, or 1MDB. According to the blogger, an attempt by a bank to call in a loan that was turning bad is a conspiracy!

The Malaysian Anti-Corruption Commission (MACC) quickly swung into action, saying that an investigation has been opened on the allegations against Nazlan who, in turn, lodged a police report against the blogger, who operates from overseas.

Around the same time, leaked documents, purportedly of secret meetings of politicians opposed to Umno leaders who are facing criminal charges, alleged that efforts were being made to get the judiciary to expedite the conviction and sentencing of those accused. This led to further police reports against those named in the documents.

The purpose of these allegations is to accuse the judiciary of conspiring with a group of politicians against those facing trials.

In response, Chief Justice Tun Tengku Maimun Tuan Mat came out to defend the judiciary against these attacks.

Here is part of what she said at a ceremony to swear in new judges last week: “Judges are by no means immune to public criticism and accountability to those they serve. We are all subject to scrutiny. That is why we write judgments so that they can be read, analysed, discussed and debated. In fact, the whole system of appeal is based on judges’ awareness of their own fallibility. Hence, citizens, including politicians are, to a certain extent, free to criticise the judiciary. However, that does not mean that it is open to citizens including politicians to level unfounded and scurrilous attacks against the judiciary or a particular judge to further their own end.

“Under no circumstances should we falter. The integrity of the justice system and the independence of the judiciary can never be compromised under any circumstances. Come what may, we must remain strong and resilient and be steadfast in upholding the rule of law. Whilst we cannot control the words or actions of some quarters who are bent on tarnishing or destroying the image of the judiciary, it is within our control to ensure that no one meddles in our affairs. In other words, there can be no interference in the judiciary if we judges do not allow that to happen.

“And interference will not happen so long as cases are decided without fear or favour, without ill-will or motive, without any external or internal pressure and without regard to personalities. Public or popular views do not matter. Cases are decided based on evidence led in court and based on established principles of law.”

We say kudos to the chief justice.

Kudos also to the outgoing executive chairman of the Securities Commission Malaysia (SC) Datuk Syed Zaid Albar for doing the right thing — resigning because he disagreed with the decision of the Attorney General’s Chambers (AGC) to withdraw criminal charges against those involved in what is allegedly the biggest corporate fraud by a company listed on Bursa Malaysia.

Syed Zaid may not have given that as the reason for quitting six months into his new three-year term, but it is obvious that the SC as the financial market regulator does not agree with the AGC. Which is why the two most senior legal officers of the SC are also leaving with Syed Zaid.

Emboldened by the decision of the AGC in its favour, Serba Dinamik Holdings Bhd went on the offensive with a wild 26-page attack against the SC, Bursa Malaysia and even this newspaper for reporting on its audit problems.

We believe the accusations against Serba Dinamik and its top executives are very serious, as billions of ringgit in allegedly fake revenue were involved, and it should have been left to the courts to decide on their guilt or innocence.

If those accused of fraud involving billions are allowed to get away with just a few million in compound fines, does this mean others involved in smaller frauds will get away with just a slap on the wrist?

As the institution that is responsible not just for the growth, but also the integrity of our financial markets, it was simply a bitter pill for the SC to swallow, as criminal prosecution is the sole prerogative of the AGC.

Resigning was, therefore, the honourable thing for Syed Zaid and his most senior legal officers, Foo Lee Mei and Chee Fei Meng, to do.

We can expect more attacks in the weeks and months ahead, and it is important that the public come to the defence of institutions that are being intimidated by those aggrieved by decisions that have gone against them.

Turbulent times await us, but as Chief Justice Tengku Maimun said, we must remain strong and resilient and be steadfast in upholding the rule of law.

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