What happened to 'rule of law'?

LETTER | The intrigues of the 1MDB scandal finally are unfolding in court, coming a full circle in that those responsible will be brought to justice. Or has it?

The question on most peoples' minds is whether this trial is enough to convince society that we have turned the corner in the fight against corruption and abuse of power. I do not think so. 

As long as we do not come together as Malaysians with mutual respect for one another, we will never achieve any of the objectives laid out for a "new Malaysia". We need our rule of law to act fairly without fear or favour on all matters. It is the only catalyst and unifying factor for our pluralistic society that encompasses the multiculturalism stretching from Perlis to Sabah.

Obviously, most of our politicians are not helping the cause especially those who remain silent and sit on the fence. Many prefer to play safe for fear of losing votes in the next general election.

A "new Malaysia" needs a statesman now more than ever before, amidst all the controversial racial and religious rhetorics swirling within the political landscape. We are getting into a rut of the same old racial and religious issues that have bogged us down in the past. We need to get out of this unnecessary abyss of cultural disrespect and bigotry if we are to become one as Malaysians.

The key to reform in our justice system is to strengthen the workings of the rule of law. We have to reduce the powers of the prime minister in having an influential role in the appointment of those who head the branches of our criminal justice system. 

This must then be followed up with reform to the overall parliamentary system focussing on the separation and the balance of powers between the legislative, executive and the judiciary. Parliament has to play a more influential role than the prime minister.

Even now, after the debacles of the 1MDB scandal, the allegations of the enforced disappearances of Amri Che Mat and Raymond Koh, the inability of the justice system to provide closure in the cases of Teoh Beng Hock, Altantuya and the recent sex video are just some examples of where the rule of law stands. We are falling short and the light at the end of the tunnel seems to be getting dimmer as we head closer to GE15.

The police have always been cautious when high-profile cases involve politics. It is simply because the top appointments are closely linked and subservient to the political master. This affects the overall application of the rule of law in the strictest interpretation available.

The argument that racial sensitivities are at stake is actually outdated especially when the campaign centres upon making the return of the rule of law supreme. The intent to please the political master either out of fear or favour is again becoming a worrying factor. 

Criminal investigations and prosecutions must be efficient and swift if justice is to be seen to be done and if this can be implemented professionally, it will firmly act as an effective deterrence to keep the peace. 

Only the rule of law applied without fear or favour by enforcement agencies will tone down all the racial and religious rhetorics in society. For that to happen, you need an enforcement agency that applies the law by calling a spade a spade without being influenced by personal attachments to sociopolitical elements in society.

Most of us purchased a ticket in May 2018 and got on the train of 'Hope for Malaysia' trusting the train driver. Sadly after 15 months on board, the journey is still hazy.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.