PUTRAJAYA should not delay setting up a royal commission of inquiry (RCI) to investigate judicial misconduct, said lawyers and activists.

They said perceptions of the judiciary were bad, and only the RCI can clear the reputation of the judges.

They said the RCI should also include a task force where complaints against the judiciary can be made.

Lawyer Haniff Khatri Abdulla told The Malaysian Insight that the government needs to expedite the RCI based on the allegations in an affidavit by Court of Appeal (COA) Judge Dr Hamid Sultan Abu Backer.  

“If the RCI can be expedited, then the terms of reference should also include a task force to lodge complaints on scandals in judiciary.

“These complaints can be brought to the task force by lawyers, court clerks and even judges,” he told The Malaysian Insight. 

Haniff was commenting on the Malaysian Anti-Corruption Commission’s (MACC) claims that it had received 20 complaints about alleged bribery and abuse of power in the judiciary between January and August this year.

MACC chief commissioner Latheefa Koya said the allegations were against people working in the magistrate and sessions courts. 

She said one judge was the subject of many complaints.  

Haniff said the RCI was related to Latheefa’s revelation about corruption and misconduct in the judiciary.

“I would think that the MACC will agree with me, they may have constraints to investigate this further as it involves judges and the courts. The proper party is the RCI,” he said.  

Haniff also echoed Latheefa’s sentiments that some complaints need to be verified, as losing parties in a case may frivolously accuse a judge of bias. 

“Once these investigations are concluded then actions can be taken on genuine cases.” 

It was reported in February that Prime Minister Dr Mahathir Mohamad had agreed to the formation of an RCI to investigate the judiciary, but since then there had not been any development on this.

Center to Combat Corruption and Cronyism (C4) executive director Cynthia Gabriel said the RCI should be expedited.

She said cleaning up the judiciary should be one of Pakatan Harapan’s priorities.  

“What has happened to the promised RCI? Justice Hamid Sultan had published a very damning affidavit that needs urgent investigation. Lawyer Arun Kasi also served a prison sentence by highlighting corruption in the judiciary,” she told The Malaysian Insight. 

“We are very concerned that the corruption that has infiltrated in our most primary institution for decades appears unchecked despite the promises to clean up the courts.”  

She said the Attorney-General’s Chamber must prosecute those accused of corruption if the MACC’s investigations prove correct.

Muslim Lawyers Association president Zainul Rijal Abu Bakar meanwhile told The Malaysian Insight that it was shocked by MACC’s revelations.  

“The MACC should investigate every complaint it receives. If it has sufficient evidence, it must get consent from the A-G to prosecute,” he said.  

But he cautioned MACC to investigate these claims thoroughly. as losing parties may resort to baseless allegations because of their discontent against a judge’s decision. – October 18, 2019.