a) The Prime Minister on October 21, 1998 is reported to have said that the Government will not entertain any application by foreigners to be observers at the forthcoming trial of Dato' Seri Anwar "as the presence of foreign obsevers will put pressure on this country's judges". This statement gives the impression that attendance in Court is at the discretion of the Executive branch of Government. By making this remark, the Government of Dr Mahathir has actually given a directive to the judiciary.

b) It is not for the Government to decide whether any one ought to be given observer status at any trial. Such a decision can only be made by the Court. In the Lim Guan Eng appeal [wherein he appealed against his conviction for sedition] in August 1998, the Federal Court granted observer status to representatives of Amnesty International and International Commission of Jurists, after an application was made by defence counsel.

c) Under section 8 of the Malaysian Criminal Procedure Code, the place in which any criminal Court is held for the purpose of inquiring or trying any offence shall be deemed an open and public, Court to which the public generally have access.