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Tuesday, 25-May-2004 7:49 PM PRESS STATEMENT BY THE MALAYSIAN BAR COUNCIL ON ANWAR IBRAHIM'S AND SUKMA DARMAWAN'S DENIAL OF BAIL BY THE FEDERAL COURT In refusing an application by Dato Seri Anwar Ibrahim and Sukma Darmawan for stay of execution of sentence and bail, the Federal Court held that it had no jurisdiction under Section 89 of the Courts of Judicature Act to entertain such an application. Finding ambiguity in the wording of that provision, the Federal Court declined to give it a construction that would confer (rather than withhold) jurisdiction. Life and liberty being among the most fundamental of all constitutional and human rights, the Federal Court as the highest protector of such rights ought to be robust, proactive and progressive in assuming the ultimate responsibility of such legal supervision, rather than easily relinquishing jurisdiction. Hence, the Bar Council is deeply disturbed that our apex court, by refusing jurisdiction, has opted to turn its back on a full and thorough examination of the substantive issues of justice in relation to the liberty of persons. This is all the more alarming, when abundant legal principles exist to support the opposite course of action; such as the principle that an ambiguity in legislation should always be resolved in favour of an accused. To say that the highest court in the land has appellate or supervisory jurisdiction to deal with stay of execution in a civil dispute, but not when it comes to the liberty of a person, can hardly warm the hearts of Malaysians. Such decision runs counter to Malaysia’s attempt to regain credibility in its justice system. Judicial independence does not merely mean the absence of actual executive interference. It also entails the presence of total inner freedom to do justice without thought of any unspoken yet perceived wishes of those who happen to wield power. It has been well said, recently, that there is no point in having a judicial and legal system that the public has no faith in. We share this view. Currently, there is so much disquiet, both domestically and internationally. To set the future on the right path, public confidence must first be regained. The majority of Malaysians may choose not to be vocal, but they know in their hearts and minds when justice is, or is not, done. Dated 23rd May 2004 Hj. Kuthubul Zaman Bukhari Chairman Bar Council
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