KUALA LUMPUR (June 27): A senior lawyer has called for full disclosure and transparency regarding the serious allegation against a senior judge that was reported to have been questioned by the Judicial Appointments Commission (JAC) for allegedly being involved in judicial interference.
In a statement, former Malaysian Bar president Datuk Ambiga Sreenevasan expressed deep concern about the current state of the judiciary.
"What is happening in the judiciary right now is wholly unacceptable, and totally foreseeable and avoidable. What is being destroyed is a judiciary that has been painstakingly restored to its former glory.
"That this is happening under the watch of this government bent on reform is a great tragedy. It is the ultimate betrayal by those in power who should know better. As for the allegations against the senior judge, it is a symptom of this decline and is a red flag. Nothing short of full disclosure and transparency on these allegations will suffice," she said.
Ambiga, who chaired Bersih 2.0, a civil society movement dedicated to electoral reform and strengthening democracy, also emphasised the critical role of judges.
"Judges' role is to decide the fate of parties before them. They decide on life and death matters. The public must be assured that those making such onerous decisions are beyond reproach. Suppressing the allegations is thus not an option."
"Equally, the judge concerned must have a chance to defend himself. Transparency is the key," she said.
On Wednesday, Malaysian Bar president Mohd Ezri Abdul Wahab announced in a statement that the Bar was seeking High Court orders to obtain minutes of the JAC meeting from May to ascertain allegations against the senior judge about possible interference in judicial affairs.
The allegations surfaced just as Chief Justice Tun Tengku Maimun Tuan Mat and the second-in-command of the judiciary, Tan Sri Abang Iskandar Abang Hashim, are due to retire next week if their six-month extensions are not granted.
Former attorney general Tan Sri Tommy Thomas, who represented Tun Salleh Abas during the 1988 judicial crisis that led to a decline in the judiciary, praised Tengku Maimun in a podcast, saying she has significantly restored public trust in the judiciary during her six-year tenure.
"Who knows what will happen in future. Independence of judiciary, civil liberties and democratic space is very fragile and requires constant vigilance and only time will tell," Thomas warned in the podcast.
Call for an independent commission of inquiry
Lawyer Syed Iskandar Syed Jaafar echoed the call for the controversial JAC minutes to be released, citing public interest.
"I fully support Ezri that the Bar is considering to properly obtain a copy of the JAC minutes where it is believed that it will be able to shed some light on the person who is allegedly responsible regarding the alleged interference in the appointment of judges," he told The Edge.
"Since this matter is of public interest, perhaps either the minutes can be declassified as no longer confidential or a court order to produce the document should be obtained by the Bar and served to the JAC," he added.
Syed Iskandar also pointed to a resolution passed by the Malaysian Bar in March to propose establishing an independent commission of inquiry to look into possible interference in judicial affairs. The resolution strongly condemned any interference with judicial independence by the executive, legislature, or any other individuals or entities, as well as any attempts to circumvent the constitutional and statutory framework for judicial appointments.
"The resolution also called upon the Malaysian government to establish an independent commission of inquiry to conduct a thorough and transparent investigation into whether or not there was any interference as alluded by Tengku Maimun in her speech during the Opening of the Legal Year that is to determine whether proper constitutional and statutory procedures were followed in recent judicial appointments," the lawyer said.
During the Opening of the Legal Year in January, Tengku Maimun said the judiciary had been on the road to recovery in terms of perception of judicial independence.
"Incidentally, 15 years ago, before the JAC Act 2009 was enforced, the then leader of the Opposition made comments on the appointment of judges and judicial independence," she remarked.
"I am certain that now, as prime minister, Datuk Seri Anwar Ibrahim and his government will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence," the Chief Justice said as she expressed hopes for an independent judiciary in Malaysia.