Press Release: Criminal justice system on trial

The Malaysian Bar is disappointed with the series of recent Federal Court and High Court decisions in the case of PP v Dato’ Seri Anwar Bin Ibrahim, denying the defence’s requests for access to various documents pertaining to the ongoing trial.

We are of the view that the paramount consideration in a court hearing is the determination of the truth, so that justice is – and is seen to be – served.  It is the responsibility of all parties, including the Judge, to ensure that the prosecution complies with full disclosure in terms of the information provided to the parties involved and produced in court.  In addition, a witness who takes the stand in a trial, whether called by the prosecution or the defence, is under an obligation to be independent and to speak the whole truth.

Only when all these elements are present can the Judge make an informed decision on the credibility of the witnesses, and the weight to be given to their testimony.  Non-production of any documents and information merely gives rise to the perception, in the public mind, of a cover-up, and would surely erode public confidence in the criminal justice system.

The provision of documents is to assist the defence to prepare its case more effectively, increase the level of efficiency of a trial and reduce the incidence of adjournments that are required in order for the defence to review newly-submitted documents. 

We believe that, in enacting section 51A of the Criminal Procedure Code to expand and strengthen the principle governing production of documents, the Government made plain its intention to level the playing field between the prosecution and the defence, and to increase transparency and fairness in the country’s criminal justice system. 

Some of these recent court decisions, however, have been myopic and regrettably regressive.  They have in fact whittled down the strength of this vital tenet, rendering it meaningless and subverting the accused person’s right to a fair trial.

The Malaysian Bar urges the court to exercise its discretion in favour of giving full effect to this objective, in order to preserve the rights of accused persons and in the interest of justice.  This concern is relevant not only to the Anwar Ibrahim case, but is applicable to the entire criminal justice system.  Any derogation from the central principle of full disclosure would be detrimental to the criminal justice system. 

Ragunath Kesavan
President
Malaysian Bar