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Wednesday 22 October 2008

Survey paints grim picture of judiciary

Survey paints grim picture of judiciaryThe Star
KUALA LUMPUR: A Transparency International-Malaysia (TI-M) survey of lawyers’ perception of the judiciary gives a grim picture of the last bastion for the public.

According to findings of a survey of 339 lawyers conducted in March and April, the judicial process and judicial appointments are greatly subject to undue influence and judicial authorities subject to corruption and bribery.

The findings were released yesterday here at a press conference by TI-M president Tan Sri Ramon Navaratnam, his deputy Paul Low and executive director Mark Chay.

From the survey, 91% felt that the judicial process in the superior courts (High Court, Court of Appeal and Federal Court) was subject to various levels of undue influence from the Government or others.

The lower courts (sessions and magistrate) fared slightly better at 74%.

As to whether judicial authorities were susceptible to accepting bribes to give favourable judgments, 94% said yes.

However, only 15% thought they always took bribes.s

“TI-M will be sending the findings to the Prime Minister, his deputy and members of the judiciary,” said Navaratnam.

To restore confidence in the judiciary, he said legal reforms had to be introduced to address the weaknesses, adding that TI-M would support the Prime Minister’s efforts to do so before he leaves office in March.

The survey also found that 96% thought judicial appointments were subject to influence.

“From the findings, it is imperative that the Government rectify this through the introduction of an independent commission that will be responsible for the appointment of judges who cannot be influenced by bribery or corruption,” said Navaratnam.

On the King’s appointment of Court of Appeal President Tan Sri Zaki Tun Azmi — a former Umno lawyer — as Chief Justice, he

said: “TI-M’s position is the decision was made with due consideration and everyone should give the new man the chance to prove he can carry reform through in the courts”.

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