Following the twin corruption charges against Lim Guan Eng, there have been calls for him to go on leave or relinquish his post as Penang chief minister.
Quizzed on her stand, former Bar Council president Ambiga Sreenevasan replied: “Ask me again when the prime minister does.”
She was referring to Prime Minister Najib Abdul Razak failing to heed calls to take leave until investigations concerning him were completed.
Ambiga conceded that in a true democracy, the principled position would be for the DAP secretary-general to go on leave pending his trial.
“Indeed in a true democracy, the PM would have been the first to take leave in the face of serious allegations of financial impropriety as it is would have been untenable that he continues to hold the finance minister's post and the post of PM in the circumstances.
“However, what we have here is not a democracy but a dictatorship/kleptocracy.
“The PM refuses to apply the rules to himself and instead breaks more rules by interfering directly with investigations against him,” she said.
“The decision cannot be about what any one person or party wants. It is about what is in the interests of the people and the nation and what serves the rule of law best,” she added.
Ambiga also said that a “serious cloud” loomed over Lim’s case, which has caused much concern for the public, due to the selective prosecution, political motivation, the unnecessary arrest and detention of the chief minister as well as the extremely high bail amount of RM1 million.
In view of this being an unusual case, she said the usual conventions cannot necessarily be applied.
Furthermore, she argued that unlike when investigations were being conducted, where there should be no suggestion of interference, in the situation where a prosecution is underway, the question of influence no longer arises.
“It is then a decision for Lim to make based on principle, the needs of the people whose mandate he has and the prevailing situation in the country.
“He should also take the counsel of his exco and his lawyers and consider the views of the people of Penang,” she added.
Expressing another concern, Ambiga said there is a probability of a political stratagem to charge opposition leaders and push them to take leave.
“There is therefore a competing interest here namely that of resisting the abuse of power. We have a duty to ensure that the rule of law is not undermined,” she added.
Ambiga argued that the real disquiet arises from the manner in which Lim was treated and the undue interest attorney-general Mohamed Apandi Ali has given to this case when, on the other hand, he dismissed the investigations against the prime minister.
“Whilst this may pull the wool over the eyes of those who are not familiar with the law, it has not fooled those who are, one bit.
“The AG must act in the public interest, not in the interest of the PM and his cohorts. There is no greater failing than a dereliction of this duty,” she said.
