Judges should face due process too, Isham tells CJ

 

Selangor BN information chief Isham Jalil said judges should also go through due process like every other citizen when accused of wrongdoing.

He was responding to a recent speech by Chief Justice Tengku Maimun Tuan Mat, who said although judges are subjected to public criticism and are accountable to those they serve, recent unsubstantiated accusations against judges have gone overboard.

“It is not that the people want the accused judges to be immediately punished, but we just want them to be investigated like other people are when they are accused of crimes such as corruption.

“If they are innocent or there is no evidence proving they are wrong after an investigation, then the judiciary’s image will be further protected. On the contrary, if they are wrong yet cannot be investigated, then the credibility and the reputation of the judiciary will continue to be questioned.

“And if the judges cannot be investigated by the authorities over criminal accusations and when investigated, their fellow judges straightaway say it is merely an accusation even though the investigation has just started or have yet to be completed, then how can the rakyat believe that the judiciary is fair and unbiased?” asked Isham (above) on Facebook yesterday.

He stressed that the rakyat’s confidence in the judiciary would be shaken if judges could not even be investigated when accused of wrongdoing.

If the rakyat is not confident in the judiciary system, then it would be very difficult to uphold justice and the rule of law, he added.

Isham pointed out that in other countries, there have been cases where judges have been imprisoned in recent years over their crimes, such as in the UK, US, Australia and Kazakhstan.

Chief Justice Tengku Maimun Tuan Mat

‘Judicial tribunal insufficient’

Tengku Maimun also said the judiciary was the last line of defence in a constitutional democracy.

While Isham said he understood this, however, the concept of separation of powers for the sake of check and balance means the judiciary cannot stop judges from being probed.

“A judicial tribunal is insufficient to investigate criminal cases involving judges.

“If judges cannot be investigated by the authorities and can only be investigated by their own counterparts behind closed doors, then democracy will die and the judiciary will no longer be the final defence of democracy, instead it will be its downfall.

“We cannot let this happen,” he added.

‘PAS leaks’ controversy

Following the purported ‘PAS leaks’ document, the judiciary had lodged a police report over the allegation that there was a conspiracy between Tengku Maimun and political leaders to speed up the trial and sentencing of former prime minister Najib Abdul Razak and former deputy prime minister Ahmad Zahid Hamidi.

Isham, who was formerly Najib’s aide, had also lodged a police report against Kedah Menteri Besar Muhammad Sanusi Md Nor in connection with the ‘PAS leaks’ issue.

The "leaked document" is a purported summary of meetings between PAS vice-president Ahmad Samsuri Mokhtar and secretary-general Takiyuddin Hassan with other political figures from Bersatu, Pejuang and Umno between March 24 and April 7.

According to the document, Bersatu president Muhyiddin Yassin told the PAS leaders that “the attorney-general and chief justice have agreed to expedite the case and sentencing” of Najib and Zahid. - Mkini