The Attorney-General (A-G) has thought it fit to charge the MP for Padang Serai, N. Surendran, with sedition for criticisms he made against the judgment of the Court of Appeal in Datuk Seri Anwar Ibrahim's sodomy II appeal.
This to my mind amounts to exerting pressure upon Surendran and Datuk Seri Anwar's defence team.
The A-G is in essence taking action against Surendran for stating his views of a judgment of the Court of Appeal, which views may well form the basis of the defence submissions in a pending appeal to the Federal Court.
The A-G is the respondent in that appeal. He should use that forum to answer all criticisms and arguments raised by the defence of and concerning the judgment of the Court of Appeal.
He cannot and must not be allowed to exert any form of pressure nor intimidate Surendran or Datuk Seri Anwar’s defence team in any way before the appeal especially by prosecuting them for expressing their views in the matter.
That would be an utter abuse of process and could well amount to contempt of court.
It will also set a bad precedent, especially for the criminal bar, in that lawyers will be far less willing to speak their minds and defend their clients to the best of their ability for fear of being prosecuted.
The A-G should remember that all accused persons are constitutionally entitled to a fair trial. As such, it is my view that any efforts on part of any quarter be it the A-G or anyone else, to stifle such a guarantee, would also amount to a very serious violation of the constitution and strike against the very core values of our criminal justice system.
This is a matter of serious public concern. The A-G is not beyond the law. No doubt, he has powers to institute prosecutions but these powers cannot and must not be exercised unlawfully.
* Gobind Singh Deo is DAP MP for Puchong. TMI
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