Prime Minister Dr Mahathir Mohamad has shot down a former judge's proposal for the government to hold an internal inquiry to probe allegations of judicial misconduct.
Asked about the suggestion today, Mahathir stuck with the government’s original decision to hold a Royal Commission of Inquiry (RCI) into the matter.
“There are many different opinions, but largely, the public wants an RCI.
“And we are responsive to public ideas and stand (sic),” he said during a press conference during his Hari Raya Open House in his official residence in Putrajaya.
Yesterday, former Federal Court judge Gopal Sri Ram told Free Malaysia Today that an RCI would be inappropriate, as it would violate the constitutional doctrine of separation of powers.
He thus suggested that Chief Justice Tengku Maimun Tuan Man set up an internal inquiry instead.
The inquiry panel would comprise five members, including three retired judges, and be given the mandate to report their findings only to the chief justice.
Should any serving or retired judges be found guilty of misconduct, Sri Ram said Tengku Maimun could then propose that the premier recommend the Yang di-Pertuan Agong to subject said judges to a tribunal.
This would allow the implicated judges a second chance to defend themselves, he said.
The tribunal could then make recommendations to the Agong.
“The king could take away their (the judges’) pension and revoke federal honours in public interest if they are guilty of misconduct,” Sri Ram added.
RCI coming ‘soon’
Despite announcing in February that Putrajaya would establish an RCI to probe Court of Appeal judge Hamid Sultan Abu Backer’s allegationsconcerning widespread corruption and abuses in the judiciary, the inquiry has yet to materialise.
Pressed about this today, Mahathir could not give a date for when the RCI would be launched.
“I think they will start work soon,” he said briefly.
The process has allegedly hit a snag due to a legal challenge against the constitutionality of the move by former Sabah chief minister Yong Teck Lee.
Sources from Pakatan Harapan previously told Malaysiakini that there were parties within the coalition, as well as retired top judges, who opposed the formation of the RCI as they were concerned “unfavourable” truths would be uncovered. - Mkini
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