New Straits Times

RCI SET UP OVER ALLEGED JUDICIAL MISCONDUCT

Members of commission, terms of reference to be decided later, says Dr M

- MANIRAJAN RAMASAMY AND ADRIAN DAVID cnews@nstp.com.my Additional reporting by Hashini Kavishtri Kannan

THE government has decided to set up a Royal Commission of Inquiry (RCI) into allegation­s of judicial misconduct. “We are setting up the RCI. It is up to them to look into the allegation made by (former Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer),” Prime Minister Tun Dr Mahathir Mohamad said following a visit to the Defence Ministry here yesterday.

He said RCI members and its terms of reference would be decided later.

In a 63-page affidavit filed on Feb 14 — in support of an applicatio­n by lawyer Sangeet Kaur Deo — Hamid had revealed informatio­n on incidences of alleged interferen­ce in the judiciary, including in a decision on the late Karpal Singh’s appeal on sedition charges at the Court of Appeal.

On a separate matter, Dr Mahathir responded to claims by Pas that there were attempts to initiate a vote of no confidence in him.

“I will see when there is a vote of no confidence... if Pas will vote (for me) or not,” he said.

On Monday, Pas clarified that its support for Dr Mahathir until the 15th General Election was in his capacity as prime minister, and not as Parti Pribumi Bersatu Malaysia chairman.

Kelantan Deputy Menteri Besar Datuk Mohd Amar Abdullah said the decision to announce the support was to “protect” Dr Mahathir from attempts to topple him or if a vote of no confidence was initiated against him.

Amar said Pas would ensure that its 18 members of parliament supported Dr Mahathir “if anything were to happen to him”.

On the formation of the RCI, Attorney-General Tommy Thomas said all court cases would proceed as usual, and cases at all levels of the superior and subordinat­e courts would continue to be heard.

“Any request for postponeme­nt must be made by a party to the relevant court in the ordinary way,” he said.

“It would be a normal exercise of judicial function for a judge to decide whether any postponeme­nt should be refused or granted.”

The establishm­ent of an RCI, Thomas said, did not mean that an automatic or blanket postponeme­nt of all cases would follow, and the scrutiny into the judiciary was not the first in history.

“In 1988, two tribunals were set up under Article 125 of the Federal Constituti­on to inquire into allegation­s of judicial misconduct against six Supreme Court judges.

“In 2007, a RCI into the V.K. Lingam video clip was establishe­d to investigat­e an allegation of interventi­on in the judicial appointmen­t process by some judges.”

He said in all these precedents, business at courts proceeded as usual and no adjournmen­t was entertaine­d by the courts.

“Litigants are entitled to have their cases heard and determined in courts, while judges and lawyers have a duty to ensure that the administra­tion of justice is not interrupte­d.

“To suggest that court proceeding­s and the administra­tion of justice should be put on hold pending the completion of the inquiry by the RCI is without any factual or legal basis.”

He hoped that the speculatio­n on alleged judicial misconduct would cease.

“The RCI must be permitted to discharge its duties in a calm and measured way.”

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 ?? FILE PIC ?? The Palace of Justice in Putrajaya. Former Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer has filed a 63-page affidavit alleging interferen­ce in the judiciary on Feb 14.
FILE PIC The Palace of Justice in Putrajaya. Former Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer has filed a 63-page affidavit alleging interferen­ce in the judiciary on Feb 14.

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