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THE Malaysian Bar refers to the recently declassified report by the special task force (STF) that was established to review allegations made in the former attorney-general (AG) Tan Sri Tommy Thomas’ memoir, My Story: Justice in the Wilderness.
The Bar had since February 2022 taken issue with the legitimacy of the STF established by the government to carry out investigations on the contents of the private memoirs of a former AG, when the rightful approach should have been by way of an independent investigation under a royal commission of inquiry relating to the matter in question and that the composition of the adjudicating board is of equal standing with that of the former AG.
Such a significant exercise must be free from political tampering and external influence by the executive, as the outcome goes to the heart of strengthening the various critical institutions in a democratic nation.
In this context, the Bar declined to participate in the STF exercise through our letter dated February 21. The statement in the STF report that the Malaysian Bar “was not keen to participate” in the STF inquiries is a simplistic gloss over of the rationale of which the reservations we had was premised on.
The STF was established by the executive, thereby raising the issue of partiality and whether it can be truly independent. The Bar refused to participate in the STF as explained in our letter responding to the request made, as it purported to delve into the veracity and accuracy of contents of the memoirs, which of course the Bar had no direct or personal knowledge of.
Due to the opacity of the terms of reference provided to the Bar when requested to participate in the STF in February 2022, and the possibility that the Bar may be hauled inadvertently as a witness in what was foreseeable then as probable and conceivable court proceedings to be commenced as a result of any outcome the STF would take, the Bar declined to participate in the STF so as to obviate the likelihood of being utilised as a tool of any political manoeuvrings.
The Bar reiterates its apolitical and non-partisan stance at all material times – our commitment is only to the rule of law and to the proper administration of justice in our country, uninfluenced by fear or favour.
The issuance of this press statement is not partial to any political party or individual position.
The Bar further puts on record that it is perturbed by the untimely declassification of the STF’s report which coincides with the recent dissolution of Parliament on October 7 and the upcoming 15th general election scheduled on November 19.
It was reported that our caretaker prime minister, who is also Umno vice-president, has urged Barisan Nasional’s election machinery to capitalise on the declassified report, which could potentially be an abuse of power.
The prime minister further openly admitted during a pre-campaign period rally that he declassified the report so that it can be used as political “bullets” to attack the opposition party.
Such blatant admission, if true, begs the question of good faith in the establishment of the STF and whether its report was non-partisan and reliable for justice to be properly administered, and whether justice can be achieved in the event that possible persecutions arise as a result of the report.
If any reports should be declassified as a matter of urgency, then the report by the STF relating to the enforced disappearances of Amri Che Mat and Raymond Koh should take priority.
At a time when political uncertainty is simmering and coming to a boil, the rakyat must have confidence and faith in the institutions that govern them. Justice is not mere lip service, but an act that has to be seen to be done by our institutions. – The Vibes, October 26, 2022
Karen Cheah is Malaysian Bar president
