Update on police probe into alleged judicial misconduct sought, says CJ


Chief Justice Tengku Maimun Tuan Mat says it is important that the Malaysian Bar does not insinuate negative things about the judiciary. – The Malaysian Insight file pic, January 10, 2020.

THE judiciary will inquire with Abdul Hamid Bador about the status of police’s probe into a sitting Court of Appeal judge’s allegations of judicial misconduct.

Chief Justice Tengku Maimun Tuan Mat said the chief registrar will write to the inspector-general of police soon.

She said the judiciary did not previously ask police or conduct an internal investigation due to a pending suit in the high court over the same matter.

“We did not move because there was a pending suit in the high court, and it was only recently that the suit was disposed of by the court,” she told reporters in Putrajaya today.

The judiciary did not see it fit to proceed with its own probe when the suit was pending in court, she said.

“Now that the suit has been disposed of, we think it is the appropriate time for us to check with police on the status of their investigation, so that we can deal with whatever that needs to be done on the part of the judiciary.”

Asked whether she will wait any longer since lawyer Sangeet Kaur Deo has filed an appeal, Tengku Maimun said: “If we are going to wait for the appeal, it will take longer.”

Last year, the judiciary lodged a police report over allegations made against unnamed judges and the institution in an affidavit by Court of Appeal judge Hamid Sultan Abu Backer.

Sangeet also filed an originating summons in connection with alleged judicial interference in the sedition case of her father, the late Karpal Singh.

The suit was dismissed by the high court on October 22.

Earlier in her speech, Tengku Maimun responded to Malaysian Bar president Abdul Fareed Abdul Gafoor, who again called for the setting up of a royal commission of inquiry to investigate alleged judicial misconduct.

The country’s top judge said the allegations made in the affidavit are being looked into, and until the authorities decide whether further action is warranted, the claims remain unproven.

She said Fareed’s statement ultimately created the perception that the judiciary lacks independence, and that it suggested public confidence in the institution will continue to erode if an RCI is not formed.

It is important that the Bar, which plays a crucial role in upholding the independence of the judiciary, does not insinuate such things, she said.

“This, with respect, is unwarranted, because what are, in effect, unproven allegations are not, and cannot be, reflective of the independence of the entire judiciary. Ironically, it has the unfortunate effect of eroding public confidence in the institution.

“How is the judiciary to function if the entire institution is perpetually put on trial for allegations that are still under investigation?” – Bernama, January 10, 2020.


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