AGC's RCI response further fuels 'judicial crisis' speculations - Rafizi

 

Former economy minister Rafizi Ramli has insisted that the Attorney-General’s Chambers’ response to calls for a Royal Commission of Inquiry (RCI) has continued to fuel public speculations of a brewing judicial crisis.

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In a statement today, Rafizi, who led eight other PKR backbenchers in demanding an RCI probe into allegations of interference in judicial appointments yesterday, said the AGC's statement indirectly confirms key issues that formed their concerns:

1. That there were delays in the appointment process, and certain nominations from the Judicial Appointments Commission (JAC) were either not considered or not acted upon.

2. That the recent JAC meeting was convened without adhering to the required 10-day notice as per administrative protocol.

3. That allegations involving a Federal Court judge influencing court decisions and the reassignment of judges were indeed discussed in a JAC meeting.

Earlier today, the AGC downplayed concerns raised by the PKR lawmakers but acknowledged that claims of a Federal Court judge allegedly interfering in judgments and judicial appointments were serious.

It also stated that deliberations in the JAC, where the allegations were raised, are confidential.

Further, the AGC said the allegations can’t be considered as wrongdoing that has been proven or impacts judicial independence.

Responding to this, Rafizi said it’s not the AGC’s place nor its right to determine whether such allegations are premature or merely speculative.

"The AGC itself acknowledges that discussions within JAC meetings are confidential - so on what basis can it conclude that the allegations are without merit?

"This is precisely why I recommend that an RCI be established to investigate and decide on these allegations.

"Until this is resolved, it will continue to be a source of public anger directed at the prime minister's administration," stressed the former PKR deputy president.

Public perception

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In its statement today, the AGC also implied that the prime minister can ignore the JAC’s recommendations to “protect” the judiciary, and that allegations of delays or failure to act on prior nominations for top judicial positions must be seen from a constitutional perspective.

While noting the relevant constitutional provisions, Rafizi insisted that not immediately naming successors for the vacant chief justice and Court of Appeal president's posts suggested that the prime minister disagreed with the candidates that the JAC proposed.

"From an administrative and legal standpoint, this (delay) can be explained, as per the AGC’s statement.

"However, from a public perception standpoint, it only strengthens the speculation that the executive branch wants to influence judicial appointments by favouring judges deemed more aligned with the government’s views," he argued.

"If the prime minister’s constitutional duty is to safeguard the judiciary’s independence, credibility, and integrity - as the AGC’s statement asserts - then actions that could invite speculation of undue influence, even if not procedurally wrong, must be avoided," the Pandan MP stressed.

The AGC's response has also courted pushbacks from lawyers who echoed concerns over no immediate action taken to probe the allegations of judicial interference. - Mkini