Judicial Misbehaviour

• 25 August 2018
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There is presently a good deal of noise around alleged judicial misconduct and the various methods of dealing with any such that may be substantiated. That can only be so because there are substantial grounds for believing this to be the case.

The eviction of Najib and his consequent loss of ability to manipulate judicial appointments and conduct have not served to quieten public concern around the issue of judicial impartiality.

How could it when the then sitting Chief Judge and the then President of the Court of Appeal first grudgingly agreed to the termination of their illegal appointments and then disappeared in somewhat more of a hurry. Their illegal prolongation in office crafted by Najib and assented to by the Agong in contravention of the Constitution showed more clearly than anything else, the railroading of Annuar apart, that the judicial machine was tainted by corruption and informed disregard of the fundamental law of Malaysia

The problem now is how to clean house without fatally damaging public confidence in the Court system.. Wholesale dismissals, though justifiable on the facts, might fatally damage public confidence in judicial impartiality. What perhaps might cure the problem would be a public case against any one judge who had misused his office, exemplary punishment for any proven guilt and a better oversight system.

Unfortunately a country’s judiciary not only needs to be seen as totally impartial and professionally competent but also honest beyond any possibility of belief to the contrary. That is not currently the case in Malaysia and remedial action, however painful, must be taken. The new Chief Justice is ideally placed to get this done and should during his relatively limited period in office.