MACC rapped for silence on graft in judiciary

The Malaysian Anti-Corruption Commission (MACC) has come under fire yet again, this time for its lack of urgency in helping in the fight against corruption alleged to be taking place in the judiciary.

Describing as "good" Chief Justice Arifin Zakaria's open acknowledgement of complaints of corruption made against judges, the DAP parliamentarian for Puchong, Gobind Singh Deo, asked why the MACC was not moving in on this.

"The DAP fully supports the efforts of Arifin (left) to combat corruption in the judiciary. I call upon the MACC to show more commitment when investigating cases of this nature.

"There have been complaints made to the MACC on the conduct of judges. The MACC has been slow in investigations and this has led to complainants losing faith in the system," Gobind said in a statement yesterday.

He cited one example - that of a report lodged with the MACC in April last year on the conduct of judge. However, nothing has been done about it until now.

"The MACC says it is still investigating. With the kind of technology that we have today, it is not difficult for the MACC to act fast on these complaints." Gobind said.

"For example, it would not be difficult for MACC to check on text messages, emails and bank accounts of judges, as well as those implicated, in order to verify the complaints made."

Gobind was responding to a report in recently that the MACC had been asked to investigate complaints against a recently retired judge.

Bar Council chairperson Lim Chee Wee (left) was reported by the daily as saying that the Bar had lodged a complaint against the retired judge and even went to see Arifin about it.

"We then went to the MACC (for it) to investigate the allegation," Lim told the daily in explaining "one serious hint" of corruption during his speech at the opening of the new legal year last Saturday.

Complaint lodged with MACC panel member

Malaysiakini learned that a complaint on this allegation had been made by the aggrieved parties, led by a "Tan Sri", last April to a member of MACC advisory panel.

It is learnt that in the complaint on a case presided, documented evidence of several text messages and phone calls between the judge and the winning party during the case management and before the hearing, had been provided.

The evidence gathered led to speculation, as well as possible allegations of bias against the judge, with questions also raised as to why the judge did not recuse himself if he was familiar with one of the parties involved in the suit.

It is normal practice for judges with an interest in a particular case, or have played any role in a case, to recuse or disqualify themselves from presiding over the case in order to avoid any element of bias.

Several meetings were held between the aggrieved parties and the MACC on this case, and Malaysiakini was made to understand that investigations were continuing. It is also learnt that there are several other complaints against the judge being looked into by the MACC.

No power to check text messages?

Gobind in his statement noted that there have been cases where the MACC had told complainants that it had no power to check on text messages and emails.

"There has also been reluctance on part of the MACC to investigate complaints in which people in high places are implicated, with the MACC saying it could not act without instructions from the higher-ups.

"This causes delays to the investigations and the complainants ultimately give up," he said.

Gobind said the MACC, being an investigative arm, must work together with Arifin's new approach.

With the new approach taken by the CJ, he said, the MACC should work fast and show results.

"If the MACC fails, the system will fail too and unfortunately, so will the efforts by the CJ to carry through with his ambition of cleaning up the image of the judiciary.

"Besides this, judges who have been wrongly implicated also deserve justice. They must be cleared without undue delay. Leaving complaints over their heads will surely not, to my mind, be to their benefit," Godind added.