Stop delaying setting up of RCI on judiciary, Bar tells Putrajaya


Malaysian Bar president Abdul Fareed Abdul Gafoor says 53 days have passed since Prime Minister Dr Mahathir Mohamad confirmed an RCI would be formed to look into allegations of judicial interference and misconduct made by Court of Appeal judge Hamid Sultan Abu Backer. – The Malaysian Insight file pic, April 16, 2019.

THE Malaysian Bar has urged the Pakatan Harapan government to expedite the setting up of a Royal Commission of Inquiry (RCI) to uphold the integrity of the judiciary.

Bar president Abdul Fareed Abdul Gafoor said that 53 days had passed since Prime Minister Dr Mahathir Mohamad confirmed an RCI would be formed to look into allegations of judicial interference and misconduct made by Court of Appeal judge Hamid Sultan Abu Backer.

However, no further details have been disclosed since.

“The Malaysian Bar views with great concern the considerable amount of time that the government seems to be taking to set up the RCI to investigate the grave allegations of judicial interference and judicial misconduct,” Fareed said in a statement.

He urged the government to “act decisively to establish the RCI, without delay, to not only investigate the serious assertions of judicial misconduct but also to recommend holistic and comprehensive reforms to improve and strengthen the institution of the judiciary”.

“A thorough and immediate investigation needs to be undertaken to ascertain the facts and the extent of any interference in the ability of judges to make impartial decisions, as well as to put in place measures to ensure that no manner of coercion, influence or threat is ever brought to bear on any judge,” he said.

“The Malaysian Bar is mindful that the sanctity of the independence and integrity of the judiciary is essential, and of the utmost importance for upholding the rule of law and instilling public confidence.

“It must not be allowed to be tarnished. A fair and effective administration of justice – and unshakeable public confidence in the dispensation of justice – depends on it.”

In an affidavit filed in February, Hamid had claimed several instances of judicial interference in high-profile trials, as well as a plot by members of the judiciary to defraud the former Barisan Nasional government.

RCIs are formed by the Yang di-Pertuan Agong in accordance with the Commissions of Enquiry Act 1950. – April 16, 2019.


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