Opinion

Letter – Criticism of court decisions must be fair – Hafiz Hassan

It has to be supported by argument and evidence, have rational basis

Updated 4 years ago · Published on 27 Aug 2022 9:00PM

Letter – Criticism of court decisions must be fair – Hafiz Hassan
The courts are no exception to the honest and fair criticism from the people, which is enabled by democracy. – SYEDA IMRAN/The Vibes pic, August 27, 2022

DATUK Zaid Ibrahim has lambasted the judiciary and the government for their alleged double standards against Datuk Seri Najib Razak, citing the difference in treatment accorded to the former prime minister and businessman Nicky Liow.

Najib’s bid to adduce new evidence and postpone the hearing of his final appeal in the SRC International case was rejected by the Federal Court. 

On the other hand, Liow was granted a discharge not amounting to an acquittal for his Sosma case at the Shah Alam High Court.

“We only asked for an adjournment of two months, not two years, to review the records of the case,” Zaid said in a video he posted on his Facebook. 

But the decisions in Najib’s case were under the exercise of the court’s discretion while in Liow’s case, the decision followed the withdrawal of the charges against him in the exercise of the attorney-general’s (AG) discretion under Article 145(3) of the federal constitution – similarly with tycoon Tan Sri Vincent Tan’s son.

The court’s discretion and the AG’s discretion are not the same. So, where’s the double standard?

To be fair to Zaid, he is entitled to his criticism. No institution in a democracy should be beyond the reach of honest, fair criticism. The courts are no exception.

Courts have long accepted that judicial decisions may be subjected to fair criticism, in good faith, without attributing improper motives to the judges. 

As Lord Atkin said, more than 80 years ago in Ambard v AG for Trinidad and Tobago [1936] AC 322, “Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.”

It is the inalienable right of everyone to comment fairly upon any matter of public importance.

Thirty years later, the courts spoke again through the doyen of judges, Lord Denning, in the following words: “We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.

“It is the right of every man…to make fair comments, even outspoken comments, on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say that we are mistaken, and our decisions erroneous, whether they are subject to an appeal or not.” (R v Metropolitan Police Commissioner, ex parte Blackburn (No 2) [1968] 2 All ER 319)

But the subsequent words of the great 20th-century judge must also not be lost on critics of the courts: “All we would ask is that those who criticise us will remember that, from the nature of our office, we cannot reply to the criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its vindication.”

Criticism must be fair. Fair criticism must be supported by argument and evidence, and have a rational basis. General and vague references do not constitute a rational basis. – The Vibes, August 27, 2022

Hafiz Hassan reads The Vibes

Related News

Malaysia / 3d

Najib’s pardon application deferred

Malaysia / 4d

Anwar surprised by Najib's new pardon attempt

Malaysia / 5d

Najib house arrest bid may be decided on Sept 11

Malaysia / 1w

Former Tabung Haji COO’s charges put off after hospital admission

Malaysia / 1w

Rosmah allowed to introduce fresh evidence in solar project appeal

Malaysia / 2w

Former TH chairman, former Treasury sec-gen arrive in court for remand hearing

Spotlight

Malaysia

Jokes that hit below the belt: In the race for Malay votes, how far is UMNO willing to go?

By The Vibes Says

Malaysia

UMNO man says he’s prepared to apologise over ‘joke’

Malaysia

Loke proposes PH presidential council meet on ‘latest political developments’

Malaysia

Sabah leaders condemn priest and nun joke at UMNO PAU

Malaysia

DKU affirms that Tuanku Muhriz is the Yang di-Pertuan Besar of Negeri Sembilan

Business

Budget 2027 nears final stage with high-impact sectors in focus

Health

Respiratory disease ranks among Malaysia’s top three health burdens

Malaysia

High Court acquits student in Bandar Utama murder case on schizophrenia finding

Malaysia

PAS rejects UMNO call to test political ties through SG4 polls

You may be interested

Opinion

Things we know without knowing

Opinion

Elderly care can consume most of family’s income as public support falls short