WE are troubled by matters related to the functioning of the Malaysian judiciary and the way allegations made about judicial misconduct is being treated by the authorities.

Some months ago, Hamid Sultan, a senior judge of the Court of Appeal revealed in an affidavit made by him in connection with a case, of several instances of interference with the judicial process.

The allegations of impropriety at the highest judicial levels, of high-profile cases involving opposition politicians, leave us wondering about the veracity of decisions arrived at by our courts.

The allegations coming from a senior and respected judge, seriously erode the confidence and trust of the public in the judicial system and the judges.

The integrity of judges and the judicial process are vital to our democracy and the protection of our civil rights. A flawed judicial system is the nightmare of all decent citizens.

“If the judge is honest, then the people will be at peace; and if the people are at peace, their manners and morals will be good.”

What is equally worrying is the official reaction to the allegations. The alarm bells should have awakened all our institutions of good governance and integrity and not least, of corruption. 

Nothing less than an open inquiry through a royal commission of inquiry (RCI) will allay the grave concerns that arise from the allegations.

What is being done is pathetically inadequate and only gives credence to the allegations made by the judge. Hamid is being summoned before the Judges’ Ethics Committee established under an act of Parliament. 

We do not believe that an ethics committee appointed by the chief justice and made of judges, albeit senior to Hamid would have the independence and detachment required to decide on the allegations.

We are also doubtful that the ethics committee has the jurisdiction to examine the veracity of the allegations.

In the circumstances, we implore the appropriate authorities to take this matter to an RCI. – February 3, 2021.

*Signed:

Prof. Zaharom Nain, President of Gerak

U K Menon, Barrister

Lt. Col. (Rtd) Ahmad Ghazali Abu-Hassan

Prof. Dr. Teh Yik Koon

Dr. Wan Abdul Manan Wan Muda

Lee Yin Su

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.