Foreign investment at stake - outgoing Bar chief wants RCI expedited

INTERVIEW

 | The government must expedite the formation of the Royal Commission of Inquiry (RCI) for allegations of judicial misconduct, said outgoing Malaysian Bar president George Varughese.

According to him, this is not just to restore public confidence but also concerns foreign investors' sentiment towards the Malaysian legal system.

Varughese said the allegations in Court of Appeal judge Hamid Sultan Abu Backer's affidavit have tarnished the reputation of the judiciary, and this must be addressed.

“The longer it is prolonged, the longer it would not be good for the institution. The RCI must be commenced as soon as possible.

“It is hoped they (the government) complete the process (of forming the RCI). (The RCI) comes up with the recommendations, and that the government acts on the said recommendations.

“This is not just for the public's perception (regarding the judiciary) but also foreign investors.

“Foreign investment would not come (to Malaysia) if the judiciary is suspect. A strong judiciary is important for a vibrant foreign investment climate,” he told Malaysiakini in Kuala Lumpur today.

Hamid had filed his affidavit on Feb 14 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.

Following this, Prime Minister Dr Mahathir Mohamad announced that an RCI would be formed, and the Attorney-General's Chambers has been tasked with drawing up its terms of reference.

Be patient with legal reforms

Meanwhile, Varughese also asked Malaysians to be patient with regard to the perceived slow pace of legal reforms under the new government.

He pointed out that the consultation process with the relevant stakeholders is time-consuming.

“Even though the attempt to repeal the Anti-Fake News Act was defeated at the Dewan Rakyat (in last year's Parliament sitting), the current sitting would see (the parliamentary bill) to abolish the death sentence for 11 offences.

“Things are happening, perhaps not at the pace that people would like to see. At the same time, we have to be a little patient with the new government.

“From my experience, there are more consultations being done now. When we have more consultations, the process takes longer,” he added.

Varughese noted that many of the ministers are still new to their respective portfolios and therefore required more time.

“Give them the opportunity to study the matter and have relevant consultations. Given time, I am opportunistic we shall see reforms. It is a little early to predict what changes would take place.

“If reforms do not take place in a year, the government should then relook the reform agenda to move things forward,” he added.

On that note, Varughese hoped that part of the proposed legal reforms would include making the recommendations of the Judicial Appointments Commission (JAC) final.

He said this is because, at present, the prime minister has the power to veto JAC's recommendations.

“The prime minister can have a role, but it (should be) limited. If he rejects the names (recommended), he should give a reason, not just because he does not like the person (recommended). Thereafter, he cannot just continue to reject names put forward by JAC,” he added.

Varughese also recommended that the JAC's composition be changed to include other stakeholders such as the Malaysian Bar, advocates associations from Sabah and Sarawak, as well as civil society organisations.

He said this would ensure input from a wide spectrum in JAC’s selection of suitable candidates to fill the posts of judges of the Federal Court, the Court of Appeal, and the High Court. - Mkini