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• Fill chief justice's post fast, says Bar
• No Witness Protection Act, say Bar Council, Param

The Bar Council wishes to clarify that there is no Witness Protection Act in Malaysia and neither is the Bar Council aware of any Bill to that effect. If there is such a Bill, we are unaware of its contents and scope. However, we would certainly welcome a move by the government to introduce such an Act to protect individuals who are prepared to come forward with vital information, which could not otherwise have been obtained.

The protection for a witness as described by Datuk Seri Mohamed Nazri Aziz in the News Straits Times dated 8 October 2007 is not presently available under any legislation in Malaysia.

There are however provisions under the Anti-Corruption Act 1997 (Section 53), that afford some protection to a witness but not to the extent mentioned by the Minister.

In fact the Commissions of Enquiry Act 1950 affords the widest protection to evidence given for the purposes of an enquiry, as the evidence is absolutely privileged and persons giving such evidence cannot be liable to any suit or other civil proceeding in respect of such evidence.

Nevertheless if a Witness Protection Act is forthcoming, this would be the best way forward in recognizing the importance of whistleblowers in the Criminal Justice system. The protection afforded to informers is one way in which citizens who assist the authorities with vital information will themselves be protected.

In any event, any discussion on witness protection must not be allowed to distract our attention from the important issue at hand, namely the confidence-breaking scandal that has emerged in relation to the Judiciary. It is this that must be urgently looked into. The question of authenticity of the tape is only one of the many aspects requiring attention ; and this question can be answered using modern technology.

The appointment of the new Chief Justice

One further issue that must not be overlooked is the appointment of the next Chief Justice in the light of the imminent retirement of the present Chief Justice on 31 October 2007. We would urge that the appropriate appointment be made immediately upon the said retirement so as to avoid the situation of the post being left vacant for any length of time.

Ambiga Sreenevasan
President
8 October 2007

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