PRESS STATEMENT

The statement reported to have been made by the Chief Justice of Malaysia (NST and The Sun 30/10/98) that Bahasa Malaysia will be used in the trial of Dato' Seri Anwar Ibrahim which has been fixed to commence on 2/11/1998 is outrageous.

Having regard to the order of Justice Augustine Paul on 5/10/98, made on his own motion, that the trial be conducted in English, taking into account the international interested the case has attracted and so that foreign media representatives may be able to follow the proceedings, it is wrong for the Chief Justice to interfere with that order by purporting to correct it.

Of greater concern to Counsel for the Defence is the implication of this interference. If the trial judge could be dictated to and his order overruled by a mere circular of the Chief Justice, can any one be sure that influence will not be brought to bear on the trial judge on other issues?

The Prime Minister, in recent statements made locally and abroad, has stated that the judiciary is independent, basing his assertion repeatedly on the decision of Justice Harun Hashim in 1988 to declare unlawful the United Malays National Organisation (UMNO). It seems to have been forgotten that following that decision and the decision of the then Lord President, Tun Mohd Salleh Abas to empanel a full bench of nine Supreme Court judges to hear the appeal against Datuk Harun Hashim's judgement, the judiciary was subjected to constant attacks by the Executive leading to the series of events which resulted in the dismissal of Tun Mohd Salleh and the suspension of the five other Supreme Court judges (two of whom were later also dismissed). To say that the present judiciary is independent because of the decision of Justice Harun Hashim is therefore quite incorrect.

In any event, the Prime Minister's recent statement that foreigners are free to attend the trial but would not be given any special treatment as being accorded the status of "observers" contradicts his assertion that the judiciary is independent. Surely on matters such as these, it is the courts that must decide. The Chief Justice in adopting what the Prime Minister has laid down has created more doubts about the independence of the judiciary.

As Justice Augustine Paul observed, this trial will be followed with great interest internationally. Until now, representatives from international as well as local institutions and organisations have always been accorded "observer" status in trials which have attracted lesser interest. Why is this case of Dato' Seri Anwar Ibrahim being singled out by the Chief Justice? In any event, this is a matter to be decided by the trial judge alone.

If we believe our judiciary to be independent, we should not have any apprehension in allowing people to attend as observers, to follow the trial and make their own findings. That would be the surest way to show one and all that the judiciary is independent.

In the end it is for the trial judge to exercise that independence expected of him. Everyone who follows the trial will expect him not to be cowed by all these pressures. This trial is no longer the trial of Dato' Seri Anwar Ibrahim alone. The Malaysian judiciary too is on trial.

Raja Aziz Addruse
(Counsel for Dato' Seri Anwar Ibrahim)

30th October 1998