The recent reminders by the Right Honourable Chief Justice of Malaysia Tun Tengku Maimun binti Tuan Mat delivered at the Opening of the Legal Year 2025 Malaysia on 8th January 2025 and at the 24th Commonwealth Law Conference in Malta on 8th April 2025, as well as the statement by the Malaysian Bar dated 14th April 2025, of the importance of and necessity for an independent Judiciary and for the continuous strengthening of its independence are timely and ought to be supported, ...
but, there is no perfect judiciary in any democracy, especially, when the judiciary could be penetrated by "unseen hands" and corruption by the rich and powerful figures. Democracy and judiciary is infact, are for the powerful and the rich. The weak always found it hard to find justice in court because the system doesn't really give any advantage to the weak and the poor. It is an independent judiciary that can give better deals to the weak and the poor.
Concerning the issue of "political interference", those who holds high political office can influence a judge how the judge would decide a case even though there may not be any interference or communications between politicial figures, especially, from prime ministers and cabinet ministers with the judge. This is because there could be fear by the judges be "put in the cold storage", or be not considered for promotion.
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) which led to the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat, together with a few judges, should be still fresh in our minds for his staunch defence of the independence of the judiciary. This happened
during the adminstration of Dr Mahathir as prime minister.
After the Salleh Abas sacking, whether or not there could be any "political interference" in any cases before the Court could be only speculative but the damage caused by the sacking of Salleh Abas seems irreparable. But, to avoid such speculation, it is proper that appointments of judges should have nothing to do with the prime minister, Mentri Besar, Chief Minister and TYTs.
Selection of judges for Court of Appeal and Federal Court, should be by a recommendation by a Committee with representatives from Malaysian Bar and State Bar, NGOs and members of the the government and Opposition Parties.
Those recommended to be Judges should be called to a Confirmation Hearing before a Select Committee appointed by Parliament to find out the political inclinations, neutrality or impartiality touching on certain issues affecting royalty, race and religion, like conversions and apostasy, human rights, family matters like divorce and child care.
Their views about corruption, sentencing of prisoners and discrimination must be accessed.
Candidates who failed in Confirmation Hearing should not be appointed by the King as Judges in Court of Appeal and Federal Court.
Presently we have shortage of Judges in high court, Court of Appeal, and Federal Court.
To ensure impartiality, possiblity of bias, and undue influence or prejudice in the administration of justice, there should not be any transfer allowed between judicial officers of Judicial Department and Public Prosecutor or Attorney General office.
At the moment we could see judicial officers or Attorney General sitting in federal court and he may meet his former colleagues in court in case taken by his former colleagues before him. Would not this be awkward?
In lower courts, we could always see prosecutors to become Judges or judges become prosecutors which before Salleh Abas sacking, this didn't happen.
VOON LEE SHAN
President Parti Bumi Kenyalang
20 April 2025
Reference:
Salleh Abas – little big man brought down for defending the judiciary
