Malaysiakini Yoursay

Yoursay: High time we exorcise our judicial ghosts

Yoursay
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YOURSAY | ‘We cannot let wrongdoers off the hook simply because they have retired or resigned.’

No action against top judge as he's retired - CJ's office

Vijay47: Richard Malanjum, among the reasons proffered by you for not wanting to pursue the matter (the alleged rebuke by the ‘former top judge’ against Court of Appeal Judge Hamid Sultan Abu Backer for writing a dissenting judgment in the M Indira Gandhi case) is that there were “differing accounts given on the alleged reprimand”.

This decision must surely be of great comfort to any accused in court where witness testimony may differ, leading to all trials being discontinued. Or perhaps you suggest that there are different strokes for different folks in court.

One would have thought that as chief justice, any complaint of misbehaviour against any legal official would be an acute affront to the expectations of your office and that you would hasten to remove such stain through a proper, intense enquiry to establish the truth from “differing accounts”.

On the contrary, you seem actually lackadaisical of the charges. But of course, this pales in comparison with your other conclusion that action against the judge in question cannot be taken as he is now retired, a protection I believe also extended to certain Elections Commission (EC) officers.

It appears that legal safety is best achieved by openly flying the coop. No doubt this gem of jurisprudent wisdom would be quoted throughout the Commonwealth and beyond. For years to come.

Ipohcrite: We cannot let wrongdoers off the hook simply because they have retired or resigned.

As guardians tasked to dispense justice, it would make a mockery of the law and of our justice system

if they are not brought to book for partaking in criminal acts during their term of office.

The cleansing and reforming of our justice system and the judiciary starts with a properly constituted RCI (royal commission of inquiry) to probe allegations of collusion and interference into the judiciary system, blacklisting and denying promotions to righteous judicial officers who would not countenance such blatant acts.

No more excuses, please, for not having the RCI (royal commission of inquiry).

Monty: Here we have a very serious allegation that the judge did not simply vote on the judgment but was pressured by outsiders to vote that way. Nothing could be more serious.

The RCI must go into every decision made by the courts. And the chief justice (CJ) must himself be pushing for the truth.

Headhunter: The position taken by the CJ is a disgrace. Is this also to protect himself? If it is, then his decision is a conflict of interest.

Since when has retirement absolve a person from committing wrong? The whole justice system is compromised if it is.

Is this the new Malaysia we have been shouting ourselves hoarse all this while?

Gerard Lourdesamy: Indeed, if that is the case, then a rapist who marries his victim after raping her should similarly not be charged in court?

These allegedly corrupt judges have been raping the constitution and the rule of law for the last 10 years or more and the chief justice wants to forgive and forget?

This must be the mother of all judicial scandals since all and sundry on the bench are scrambling to protect their own backsides.

Orang Asal: Retired judges are no more with the judiciary. So, they cannot be disciplined. However, if alleged crimes were committed, a report with MACC or police can be made and it is up to these agencies to take action.

It’s not for the court to discipline retired judges. Only those still in service can be disciplined. The same for civil servants.

Anonymous 2465801491553384: Sorry, but if a criminal offence has been committed while in office, there is no limitation to criminal prosecution otherwise a judge can resign before action can be taken. No man or women is above the law.

The allegations are very serious and the only way to get to the bottom of the truth, if at all the allegations are true, is to have an RCI with not local judges, but retired UK Supreme Court or Court of Appeal judges.

OMG!: In a way, Malanjum is right because he says that no action can be taken "under the Judges Code of Ethics 2009 (JCOE) read with the Judges Ethics Committee Act 2010 (JECA)." Which is true, because those two refer only to serving judges.

However, the broader issue is that the JCOE and JECA both, on perusal and on comparison with the Canadian equivalent display a breathtaking superficiality and shallowness - that now allow retired judges, among other things, to escape from all review.

There is one thing that the retired judge (codenamed ‘ARLC’) can be subjected to - the loss of his pension and any other benefits that accrued to him due to his position.

Anonymous_1544167666: I suppose the hero here is Court of Appeal judge Hamid Sultan Abu Backer?

Might there be a motive behind these allegations, don’t you think? Is he trustworthy enough because everyone here seems to be on board without even an eyebrow raised as to the validity of his accusations?

Investigate by all means, but don't take his word or anyone's word for it.

Fair Malaysian: Well, the answer is obvious, isn't it? Hold the RCI and let it determines who is telling the truth.

Wira: The rot in the judiciary stinks a lot more than we can ever fathom. Only a royal commission can put to shame and chastise the perpetrators after getting to the truth of the matter.

The 61-year-old BN government had done a lot more damage to those institutions that we could ever imagine. I'm truly shocked.

Jasmine: Obviously, there is the fear that a can of worms being opened. And to this end, the public are asked to be ostriches.

The judiciary is supposed to be the most trusted, with the highest integrity, third arm of any democratic nation. But here, even the CJ talks and behaves like a politician.

What a shame. What a let-down. The last few days have been a real eyeopener for most voters who still dream of a “new Malaysia”.


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