Yoursay: All eyes on judiciary RCI's terms of reference

YOURSAY | 'The RCI members must consist of those who are fearless and subservient to none.'

Sources: Cabinet agrees to form RCI on judiciary

Vijay47: The initial emotions for everyone (on hearing the news) would be elation and relief, and hope that henceforth at least one of the limbs of government would operate with the honour and integrity required of it.

However, this happy mix of sentiments would be followed soon enough by doubt and even suspicion.

Would the RCI (Royal Commission of Inquiry) be as deep and far-reaching as the sad circumstances demand so that all those allegations and rumours could be brought into the open and to an end? Or would it all be the national ‘sandiwara’ (shadow play) we are all accustomed to?

I would stay with the optimistic here. It would not serve any purpose at all for the inquiry not to be as scathing and thorough as required and any attempt otherwise would only result in shame.

We, of course, assume that shame would be a deterrent. The commission should be unflinching, cutting deep with cases quoted, amounts stated and names mentioned, with those responsible facing the very law they broke with impunity.

But even here there would be major obstacles. How about abstract instances where transgressions were made not for financial or material benefit but for the so-called greater cause of race and religion?

This is where the terms of reference have to be drawn up with a scalpel, accompanied by the assurance that the transgressors will be punished with a sledgehammer.

Anonymous 2251681440225523: This is a good move, but make sure the terms of reference are wide and its recommendations implemented.

MahuSeeLui: The crooks will be scrambling for cover. I hope the terms of reference are wide enough to include retired judges as well because several were long held as suspects.

Its composition is also vital to the work of the RCI. I hope it will include one or two ex-judges from Commonwealth countries who are familiar with the working of our judiciary. There are several reputable retired judges, such as Australian jurist and academician Michael Kirby.

Anonymous_85ea2381: Indeed, the RCI members must consist of those who are fearless and subservient to none.

Kamaapo: Yes, the terms of reference and the composition of the RCI are very important as other Malaysiakini commenters have indicated.

Equally, or more important, is the government acting on the findings and implementing the commission's recommendations.

It should also cover the past conduct of ex-judges in their judicial capacity.

Anonymous_1536078333: We need to clean this up once and for all the people and their children. Now the question is how this will be done.

No doubt, the capture by the previous administration of the judiciary was most palpable in high-profile cases, the recommendations should cover the entire judicial system.

Old Fella: Court of Appeal judge Hamid Sultan Abu Backer has made allegations against judges of the superior courts.

Judges may not come under the definition of federal officers employed by the government. This is because judges exercise their functions independently.

Maybe the Dewan Rakyat ought to amend the Commissions of Enquiry Act 1950 to include members of the judiciary of the superior courts as deemed public officers in so far as the complaints by Justice Hamid Sultan are concerned.

If the definition is not so limited to define federal officers, the independence of the judiciary may be affected.

Since the Attorney-General’s Chambers is accused of colluding with politicians, the current AG must appoint an independent panel of younger (but not-so-young lawyers) to prepare the terms of reference.

FairMalaysian: Chief Justice Richard Malanjum could have earned a tall stature if he had recommended for the RCI. He missed that golden opportunity.

So it’s judge Hamid Sultan and not Justice Malanjum who will be viewed highly in history.

Hang Babeuf: The nub of the matter (as reported by Malaysiakini) is:

"This eventually led to an RCI in 2008 during the tenure of prime minister Abdullah Ahmad Badawi...

"The five-member panel had proposed that action be taken against (VK) Lingam, Eusoff (Chin) and four others, including Mahathir (Mohamad).

"However until today, no action has been taken against any of the six."

So, another royal commission now?

Just recognise the findings and implement recommendations of the previous one! It was an exemplary exercise and a real eye-opener. A courageously clear-sighted, unflinching review. Perfectly fine in its time, and still is, as a basis for action.

The Analyzer: I guess you do know that Mahathir already has plans to ensure the RCI never amounts to anything. Otherwise, he would never have agreed to the idea so easily.

Cogito Ergo Sum: While it is commendable to form an RCI, the question that must be asked is who will sit on the panel.

We seem to be terribly short of people with integrity and intelligence. Perhaps, the panel should comprise ordinary people who have led ordinary lives.

Let it be a People’s Tribunal.

Abasir: Good point, Cogito Ergo Sum.

Going by previous inquiries, royal or otherwise, the panel is likely to be made up of moral and intellectual midgets who'd see it as their first and foremost duty not to embarrass the politicians who appointed them.

In any case, I believe nothing will come out of this. The judicial rot runs deep and the ‘rotters’ hold all the cards. They'll probably use what's likely to be a kangaroo RCI to destroy Justice Hamid Sultan, just as they did former High Court judge Syed Ahmad Idid Syed Abdullah.

The judiciary was not corrupted by Najib Abdul Razak - he merely benefited from what was cowed and beaten into submission by Dr Mahathir Mohamad.

Malaysians seem to forget that Mahathir does not tolerate independent judges or a judiciary independent of the executive. He has said that the judiciary must be subservient to the executive which, according to him, represents the will of the people.

I believe this will be a show inquiry much as the Lingam-ex-CJ Ahmad Fairuz Abdul Halim judge-fixing one was, following which nothing happened except that one of those found guilty of corrupting the judiciary became prime minister in May 2018. - Mkini