The Federal Court's decision to refuse an application by jailed ex-deputy premier Anwar Ibrahim and his co-accused Sukma Darmawan Sasmitaat Madja for a stay of execution of sentence and bail does not augur well for judicial credibility, said the Bar Council today.

On Saturday, the country's highest court ruled that it had no jurisdiction under Section 89 of the Courts of Judicature Act to entertain such an application.

Bar Council chairperson Kuthubul Zaman Bukhari said by finding ambiguity in the wording of that provision, the Federal Court declined to give it construction that would confer, rather than withhold jurisdiction.

"Life and liberty being amongst the most fundamental of all constitutional and human rights, the Federal Court as the highest protector of such rights ought to be robust, proactive and progressive in assuming the ultimate responsibility of such legal supervision, rather than easily relinquishing jurisdiction.

"Hence, the Bar Council is deeply disturbed that our apex court, by refusing jurisdiction, has opted to turn its back on a full and thorough examination of the substantive issues in relation to the liberty of persons," he added in a press statement.

Legal principles

Kuthubul said this was more alarming when abundant legal principles exist to support the opposite course of action, such as the principle that an ambiguity in legislation should always be resolved in favour of an accused.

"To say that the highest court in the land has appellate or supervisory jurisdiction to deal with stay of execution in civil dispute but not when it comes to the liberty of a person, can hardly warm the hearts of Malaysians. Such decision runs counter to Malaysia's attempt to regain credibility in its justice system.

"Judicial independence does not merely mean the absence of actual executive interference. It also entails the presence of total inner freedom to do justice without thought of any unspoken yet perceived wishes of those who happen to wield power," he added.

No point

The Bar Council chairperson also agreed with the view that it was pointless to have a judicial and legal system that the public has no faith in.

He said in order to set the future on the right path, public confidence must be regained.

"The majority of Malaysians may choose not to be vocal, but they know in their hearts and minds when justice is, or is not, done," he added.

Anwar and his adopted brother Sukma are currently awaiting the judgment of their final appeal against their conviction and sentence for a sodomy offence.

Should it be rejected, the former deputy premier will have to remain in jail until at least 2009 while the Indonesian-born Sukma will receive whippings.

Anwar claims to be the victim of a political conspiracy and that the charges were fabricated by former premier Dr Mahathir Mohamad. However, Mahathir and the authorities have denied this.

Anwar was sacked from his position in 1998 and subsequently charged for corruption and sodomy. He was found guilty on both counts and has remained in prison since 1999.