JUDGES in Malaysia’s apex court are largely tainted, said Court of Appeal justice Hamid Sultan Abu Backer in an explosive affidavit filed today.
He said the group feared being reprimanded when Pakatan Harapan took federal power in the 14th general election, but now, such concerns have evaporated.
“There are judges of integrity, as well as competence, in the Court of Appeal and high court, including judicial commissioners.
“I cannot say the same for many of the apex court judges of the past and present, as they knew of wrongdoings and did not lift a finger to stop the massacre in the administration of justice.
“In fact some of the senior ones were directly or indirectly involved in fixing the coram, and had full knowledge of constitutional as well as judicial misconduct.”
He said these judges either stayed silent or supported the constitutional crime committed by Federal Court justices for selfish interests, such as securing promotions, thus, destroying the integrity of the justice system.
“This is continuing unabated, even after the change of government, as there is sufficient material to purportedly say top judges are continuing to mislead the public by conniving not to expose judicial crimes.”
The affidavit is in support of lawyer Sangeet Kaur Deo’s application to declare that the chief justice failed to defend the integrity and credibility of the judiciary over two alleged incidents of judicial interference.
Sangeet, the daughter of the late DAP stalwart Karpal Singh, filed an originating summons against the chief justice’s office last month, alleging that he failed to act on alleged judicial interference in her father’s sedition appeal and the case involving the unilateral conversion of M. Indira Gandhi’s children.
Chief Justice Richard Malanjum is not named in the suit, which refers only to the presiding chief justice.
Hamid, in the affidavit, said there is an urgent need for a royal commission of inquiry to look into the state of the judiciary.
He said Malanjum himself is not keen to set up an RCI despite the Bar Council publicly demanding it twice.
He said after the elections, the most senior Court of Appeal judge told him about the wrongdoings committed by top judicial members and justices.
The judge revealed that in respect of Anwar Ibrahim’s appeal at the Court of Appeal, the court coram was called to the chambers of top judges regularly and briefed on what to do, said Hamid.
“There are more that I would like to say in relation to this, but I will reserve it for the RCI.”
In another case, he said, a top judge meddled in judicial matters within a week of GE14.
“Some top judicial members were extremely stressed and worried that the new government would take action against many of them, including tribunalising them.
“In fact, one month before the elections, during a monthly lunch organised at an Italian restaurant in April, a group of judges sitting at my table, comprising about 10 judges and one top judge, were worried that if the opposition wins, they would be tribunalised or asked to leave.”
He said these judges were happy when members of the old regime, in particular, the Court of Appeal president and chief justice, were appointed.
“The talk among members of the judiciary is that they were appointed because of the influence of an ex-minister they served earlier.
“They all knew it was business as usual, and all the fear of tribunalisation disappeared overnight. Now, they are looking forward to top positions upon vacancy.
“I see it as a movement from one kleptocratic regime to another, and nothing more.”
He said this could be seen in some quarters’ move to push for judges’ retirement age to be increased to 70.
Chief justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin, whose positions were deemed “unconstitutional” by several groups, quit on July 31 last year.
Malanjum was then appointed as Raus’ successor, and Ahmad Maarop was made the new Court of Appeal president.
THE MALAYSIAN INSIGHT
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