Business as usual in courts despite setting up of RCI, says AG
PUTRAJAYA: All court cases will proceed as scheduled and be decided by the courts as usual despite the setting up of a Royal Commission of Inquiry ( RCI) to enquire into the Judiciary, Attorney-General Tommy Thomas said yesterday.
In a media statement, Thomas said that to suggest that court proceedings and the administration of justice should be put on hold pending the completion of the enquiry by the RCI was without any factual or legal basis.
“Separately, as a RCI will be established shortly, and begin its deliberations thereafter, it is hoped that public speculation on this matter will cease now. The RCI must be permitted to discharge its important duties in a calm and measured way,” he said.
He said that following the announcement of the decision of the Cabinet on Wednesday to form an RCI to enquire into the Judiciary, its effect on all proceedings pending before the courts have been questioned.
“This is to clarify that issue. Whilst the RCI is conducting its inquiry, cases before all the courts will proceed as usual. All cases at all levels of our Superior and Subordinate Courts would continue to be heard and determined by them.
“Any request for any postponement of any case must be made by a party to the relevant court in the ordinary way. It would be a normal exercise of judicial function for a judge to decide whether any postponement should be refused or granted,” he said.
Thomas said the establishment of an RCI did not mean that an automatic or blanket postponement of all cases would follow.
“It bears reminding that the current scrutiny into the judicial arm of the government is not the first in our history. In 1988, two Tribunals were set up under Article 125 of the Federal Constitution to enquire into allegations of judicial misconduct against six Supreme Court judges.
“In 2007, a Royal Commission of Inquiry into the V. K. Lingam Video Clip was established to investigate into an allegation of intervention in the judicial appointment process by some Malaysian judges,” he said.
He also said that in all these precedents, the ordinary business in all the courts proceeded as usual and no adjournment was entertained by the courts.
“Litigants are entitled to have their cases heard and determined in courts. Judges and lawyers owe a duty to ensure that the administration of justice is not interrupted,” he said.
Yesterday morning, Prime Minister Tun Dr Mahathir Mohamad said the government is to set up an RCI into alleged judicial misconduct, but the terms of the RCI have yet to be decided.
“It is up to them ( RCI) to look into the allegations made by the judge. We will set up the RCI, the terms will be determined later,” he told reporters after an official visit to the Defence Ministry in Kuala Lumpur.
On Feb 14, Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer produced a 63-page affidavit alleging numerous incidences of judicial misconduct. — Bernama
Separately, as a RCI will be established shortly, and begin its deliberations thereafter, it is hoped that public speculation on this matter will cease now. The RCI must be permitted to discharge its important duties in a calm and measured way. Tommy Thomas, Attorney-General