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Monday, June 3, 2019

Hidden hands seeking to derail RCI on judicial misconduct?



There are those within Pakatan Harapan, as well as former top judges, opposed to the formation of a Royal Commission of Inquiry (RCI) to look into judicial misconduct, according to sources familiar with the matter.
"These individuals, especially the former judges, are concerned the RCI would unearth things which would be unfavourable to them.
"In other words, it could open a can of worms," a high-ranking government source told Malaysiakini.
Speaking on condition of anonymity, the source implied that these forces could have had a hand in the originating summons filed by former Sabah chief minister Yong Teck Lee which questioned the constitutionality of setting up the RCI.
However, the source declined to name those who are against the RCI.
Malaysiakini also learned that the Attorney-General's Chambers had submitted the terms of reference for the RCI to the cabinet.
This legal challenge has delayed the establishment of the RCI and the outcome could even nullify it.
Yesterday, de facto Law Minister Liew Vui Keong, who is also the Batu Sapi MP, said the government would wait until July 2 for the decision on the originating summons before deciding on its next course of action.
The Sabah MP, however, said police and MACC investigations into the alleged judicial misconduct can still proceed.
Yong, who filed the originating summons on April 29, named the federal government as the respondent.
The SAPP president argued that the RCI would be tantamount to executive interference.
Yong further contended that any wrongdoing in the judiciary could only be dealt with via a tribunal.
In February, Prime Minister Dr Mahathir Mohamad said the government would establish an RCI following Court of Appeal judge Hamid Sultan Abu Backer's explosive allegationsin an affidavit.
In the affidavit, Hamid, who alleged judicial impropriety, had expressed regret that the then chief justice Richard Malanjum is not seeking an RCI.
Following, Mahathir's announcement, there was a debate as to the scope of the RCI.
In 2008, the government, under then prime minister Abdullah Ahmad Badawi, had established an RCI when lawyer VK Lingam was implicated in a video showing him having a phone conversation with then chief judge of Malaya Ahmad Fairuz Sheikh Halim in 2001 over the fixing of judges.
The five-member panel had proposed that action be taken against Lingam, former chief justice Eusoff Chin and four others, including Mahathir.
However, until today, no action has been taken against any of the six. - Mkini

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