The past two-and-a-half months saw a spate of high profile court cases in which decisions went against the government or the prosecution.

These include three cases where opposition lawmakers were freed on charges of sedition, including one who was charged for making a remark inside the state legislature.

The decisions seemed to some as a sign of the judiciary being more independent, of late.

Former United Nations special rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, said the facts and the law in those cases were rightly decided, and it would seem terribly wrong if those decisions were not made.

“No doubt the decisions delivered in these cases, one following another, would be seen as our judiciary beginning to assert its judicial power more independently, impartially and courageously.

“The facts and the law in those cases were such that no judge worthy of his or her judicial office could decide otherwise,” Param told Malaysiakini.

A Malaysian Bar president in the 1980s, Param was asked to comment on a recent spate of such cases, from the magistrate’s court to the Federal Court.

Cases that went against the gov't or prosecution

Five former Internal Security Act (ISA) detainees, including Batu MP Tian Chua and Hulu Kelang assemblyperson Saari Sungib, were awarded RM5.16 million in damages for their unlawful detention under the ISA in 2001, when the Federal Court upheld the award made on June 29.

On July 1, Bilqis Hijjas, the daughter of a well-known architect, was acquitted by a magistrate’s court in Kuala Lumpur, for “insulting behaviour” when releasing yellow balloons at an event that was attended by Prime Minister Najib Abdul Razak at a shopping centre last year.

Tian Chua was again in the spotlight on July 14, when the Court of Appeal, maintained his acquittal on a sedition charge, for his remarks on the Lahad Datu incursion, after the prosecution withdrew its appeal.

On July 26, at the Court of Appeal, Seputeh MP Teresa Kok's (photo) detention under the ISA eight years ago was ruled as illegal and done without basis. The appellate court also ordered a total of RM350,000 in damages to be paid to her.

Two days later, in Penang, Seri Delima assemblyperson RSN Rayer was acquitted by a sessions court in George Town on a sedition charge, for uttering the words 'Celaka Umno' inside the state legislative assembly.

Last month saw the Court of Appeal upholding the decision of the High Court in Kuala Lumpur, which ruled that the government cannot claim, under the Peaceful Assembly Act 2012, for damages to a police vehicle during the Bersih 3 rally from election reform movement Bersih 2.0.

On Aug 29, Bersih was again in the spotlight when a three-member Court of Appeal bench ruled that the ban on the yellow Bersih T-shirts, which were to be used in the Bersih 4 rally, was unreasonable.

The next day, the Court of Appeal also upheld that the ban imposed by the Home Ministry against The Edge was wrong and ordered it to pay damages.

Two days later, the appellate court also found the police and government to be liable for the Glenmarie shooting incident in 2010, in which three youths, one of them 15 years old, were killed and ordered the Shah Alam High Court to decide on the damages.

Last week, a three-member Court of Appeal bench struck out the charge against Bersih 2.0 chairperson, Maria Chin Abdullah, for not giving ample notice to the police for the Bersih 4 rally held in August 2015, after it ruled that the appellate court decision in October 2015, in the case of Johor PKR secretary R Yuneswaran, could not be applied retrospectively.

Of the cases listed, so far three are up on appeal, namely the prosecution's appeal against Bilqis' acquittal, the Court of Appeal decision that awarded damages to Teresa Kok and the acquittal of Rayer by the sessions court.