‘Probe claim on judges fast’

The Star
by SHAILA KOSHY

KUALA LUMPUR: Both the Malaysian Anti-Corruption Commission (MACC) and Chief Justice Tun Arifin Zakaria must quickly investigate any allegation of corruption against sitting judges, said a former Attorney-General.

“An allegation of corruption against a sitting judge, if serious, undermines the institution of the judiciary,” said Tan Sri Abu Talib Othman.

“They must act quickly – clear the sitting judge or take action against him or her. There’s no point if the Bar Council lodges a complaint about two High Court judges to the MACC and nothing happens.

“The Chief Justice must be proactive,” said Abu Talib, adding that Article 125 of the Federal Constitution empowered the CJ to take action.

He was commenting on the council’s recent complaints to the MACC of graft in the legal system and Arifin’s strongly worded speeches during the opening of the Legal Year on Jan 12 against corruption in the judiciary.

“The alleged breach may be a criminal offence or a misconduct and the CJ may ask the MACC to investigate or he may institute disciplinary proceedings himself,” added Abu Talib.

He said that besides providing for the removal of a judge via a tribunal, Article 125 also allowed for the CJ to bring the judge before a Judicial Ethics Commitee under the Judges’ Code of Ethics and impose sanctions for a lesser breach.

The CJ, added Abu Talib, must keep tabs on the MACC investigation so he would know whether the breach was a corrupt act or a misconduct.

“He must act expeditiously because he cannot allow a person who is corrupt or guilty of misconduct to sit in judgment over others.”

On Sept 9, 2009, The Star reported then Chief Justice Tun Zaki Azmi as saying he had asked two senior judges to leave because they were “grossly inefficient”.

Zaki said he had taken this action because setting up a tribunal to remove judges would be costly and time consuming and that the two judges had agreed to leave.