KUALA LUMPUR, June 17 ― The Johor crown prince may voice his opinions despite the principle that rulers should be above politics in Malaysia’s constitutional monarchy system, said civil liberties lawyer Syahredzan Johan.

Syahredzan explained that this was because Tunku Ismail Ibni Sultan Ibrahim ― who commented on the prime minister’s absence at a forum on 1Malaysia Development Berhad (1MDB) ― is not the sitting ruler yet.

“Although in principle, I do agree with what Nazri said, when there is a sitting ruler, he should not be making political statements.

“But I think in this case, the crown prince does have that right to speak out about things which he feels strongly about because he is not the ruler,” the civil liberties lawyer told reporters after a forum here last night.

Syahredzan was commenting on Culture and Tourism Minister Datuk Seri Mohamed Nazri Aziz’s argument that the royalty should refrain from politics and that this system has been in place since the nation’s independence.

Syahredzan also said that the principle that “rulers should be above politics” is the same as practised in the UK, but pointed out that it does not and should not “extend to members of the royal family”.

Malaysia differs from Thailand’s model where the latter’s monarch can issue statements reprimanding the Thai government, he said,

“But because we are a constitutional monarchy, and our constitutional monarchy system is modeled after the UK, therefore it means that the sitting ruler should not be making political statements, in fact should avoid anything that is remotely political,” the lawyer explained.

He noted that the UK monarchy has remained popular in Australia as the queen’s statements are always above politics, with Australians still wanting her as their head of state although she has no executive role there.

“This is how I think heads of state, monarchs can continue to remain relevant and enjoy support of people.”

In this case where Nazri and the Johor prince publicly exchanged opinions, Syahredzan said both parties have the right to speak up and are exercising their constitutional rights to do so.

“Why is it that we are opening up investigations for what Nazri said? He has the right to say what he wants to say,” he said, referring to the police probe on the minister under Section 505 of the Penal Code that pertains to the incitement of public mischief.

“If you don't agree with Nazri, what you should do is not to lodge a police report but to talk with  him,debate with him, to even come out with an article to slam him, but not to actually take action,” he also said.

When approached, senior lawyer Datuk Ambiga Sreenevasan said that, on the principle of the Westminster style of government adopted here, the monarchy does not comment on politics.

“But here the government has encouraged the royalty in some cases to support them openly. If they have accepted that, then they must also be prepared for criticism,” the former president of the Malaysian Bar told reporters.

The Johor prince had on June 5 weighed in on the “Nothing2Hide” forum that was cancelled before a face-to-face confrontation between the prime minister and his harshest critic, Tun Dr Mahathir Mohamad, over 1Malaysia Development Bhd, commenting that inviting someone who allegedly has “everything to hide” would obviously result in a no-show.

He also said that those entrusted with the responsibility to answer to issues of national interest should not lay blame on the public if they lose their support but should ponder the reasons for such a loss.

Nazri told the crown prince to stay out of politics, resulting in Tunku Ismail’s response that Nazri is a minister and not a God from the heavens and that all have the right to voice their opinions.

The minister has refused to back down, stating that he is not God and had never masqueraded as such, adding that he would not have criticised the prince if the latter had not insinuated that Prime Minister Datuk Seri Najib Razak was guilty in the 1MDB controversy.