IN the last few months, a number of court cases in our country attracted
considerable attention
and criticism.
One of the oft repeated criticism which has been levelled against our judicial
system is that some
of the judges and prosecutors in these high-profile cases did not disqualify
themselves despite
perceived conflict of interest.
Within Malaysia, some of the most vociferous criticisms come from a few
members of the legal
profession. Surprisingly, these lawyers have not seen it fit to apply the
same benchmark for
themselves.
For instance, in the present sodomy trial of Datuk Seri Anwar Ibrahim,
one of his lawyers is a
well-known leader of an opposition party and a Member of Parliament. The
lawyer, Karpal
Singh, is well known for his staunch "the Government can do no right"-type
of views that are so
characteristic of Malaysian opposition leaders nowadays.
Opposition members like Karpal must have greeted the recent public furore
over the alleged
arsenic poisoning of Anwar with secret delight. After all, allegations
like these are sure to benefit
the Opposition. Never mind Anwar's health, what matters is that the Government
is thoroughly
bashed and the Opposition scores political mileage.
Karpal's conduct in court which often involves a considerable degree of
drama and theatrics is
indicative of this conflict of interest between an opposition politician
and a lawyer. It surprises
nobody why Karpal, without a shred of proof, so easily alluded to the involvement
of top
government leaders in the alleged poisoning.
Karpal must surely have learnt at law school about the sacred principle
that one is innocent until
proven guilty. Should not the same apply to the Government too? Or does
it mean that because
one is an opposition member, one can readily make an exception when it
comes to blaming the
Government? Since when has the law made such a distinction?
The sodomy trial of the former Deputy Prime Minister has generated unprecedented
interest
among the people in this country, and even outside Malaysia. It is fair
comment to say that the
vast majority of Malaysians who closely follow the trial are interested
in one thing and one thing
only - the innocence or guilt of the accused.
They are not following the trial simply for entertainment. This trial,
like any other criminal trial, is
serious business. Theatrics, drama and politics should have no place in
the proceedings.
Lawyers are not only counsel to their clients, but are also officers of
the court. Besides their duty
towards their clients, they have a responsibility to protect the integrity
of our judicial system.
Karpal should set a good precedent and disqualify himself from acting as
an advocate and
solicitor if he thinks his political career or indeed the political fortunes
of his party is greater than
the interest of his client and the interest of the public in seeing a fair
trial.
M.N. Amin
Kuala Lumpur