MACC investigates the judge - is it a good precedent?

MP SPEAKS | The MACC has been subject to a plethora of fierce criticisms since it decided to investigate the judge who convicted former prime minister Najib Abdul Razak.

Those who support the action by the MACC contend that the judge is not immune from any criminal investigation.

Hence, according to them, the MACC is legally justified in carrying out the investigation against the judge.

With due respect, the proponents of such an argument have, in my view, clearly missed the point.

To begin with, let us reiterate herein, loud and clear, that nobody is of the view that our judges are free from any criminal culpability.

It goes without saying that they are, like others, subject to law and order.

By virtue of the doctrine of equality before the law duly enshrined in our apex law, the long arms of the law may still reach our judges.

Nevertheless, procedurally speaking, we have to pass the following threshold first should we decide to probe the judge.

Is it constitutionally proper for any serving judge to be subjected to any criminal investigation by any investigating agency such as MACC?

Assuming we could still tolerate the action by the MACC, would such an investigation not offend the doctrine of trias politica or separation of powers as well as the notion of the independence of the judiciary?

Independence of the judiciary

Like it or not, out of the three branches of any government - the legislative, executive and judiciary - we may only hear the principle of the independence of the judiciary.

What does it signify? Yes, it signifies the obvious.

The sacrosanct principle of the independence of the judiciary should not only be defended at all costs but it must be also seen to be duly defended.

We don’t have to earn a degree in law in order to appreciate the devastating repercussions on the notion of the independence of the judiciary should we allow the MACC to pursue its investigation against the judge.

Being an investigative agency, the MACC should be fully aware that its investigation may finally bring it to a court of law.

If that happens, can the MACC duly guarantee that the trial of any case whose investigation is initiated by it, would be independently conducted by any judge without any iota of fear and favour? Therein lies the thrust of such a principle.

In any case, the MACC should not be unduly worried.

The Federal Constitution has the necessary mechanism to deal with any alleged criminal misconduct by any judge. - Mkini

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MOHAMED HANIPA MAIDIN is Amanah's MP for Sepang and a former deputy minister in the Prime Minister's Department for legal affairs.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.