The 'judicial rot' is not restricted to delayed written judgments and how judges are promoted, but covers the whole spectrum of the judicial institution, said a former United Nations (UN) official.

Former UN special rapporteur on the independence of judges and lawyers Param Cumaraswamy said "a full stocktaking" of judicial affairs is urgently needed as opposed to the current focus on the removal of incompetent judges.

He said the move towards reform should be started by Chief Justice Ahmad Fairuz Sheikh Abdul Halim himself by addressing the allegations in a poison-pen letter that among others accused him of abuse of power.

"In light of what has been happening and the latest events in the judiciary, including the conduct of the chief justice himself who is the subject of a poison-pen letter, it is appropriate to review the judicial institution and consider a wider reform process.

"It should not just involve addressing and preventing alleged judicial delays, but the entire spectrum of the institution of the judiciary needs to be reviewed," he told malaysiakini in an interview yesterday.

Poison-pen letter

Param said he had written to Fairuz on July 20 after receiving a copy of the poison-pen letter several days earlier which contain serious allegations of misconduct on his part and certain senior figures in the judicial fraternity.

"The allegations contained in the attached letter should not be discarded as scurrilous and scandalous just because they are in a form of a surat layang (poison-pen letter) without a thorough investigation," read Param's letter.

"You may recall that the surat layang authored by (former High Court judge) Syed Ahmad Idid (Syed Abdullah Aidid) on the goings on in the judiciary then was discarded as scurrilous after a gloss over purported investigation by the then attorney-general (Mohtar Abdullah).

"Subsequent events showed that some of the allegations contained in the letter were true," it added.

In 1996, Syed Ahmad resigned from the judiciary after penning a 33-page report which included allegations against 12 judges involving 39 cases of corruption, 21 cases of abuse of power, 52 cases of misconduct, immorality and other indiscretions.

The late Mohtar had then dismissed the report as a 'poison-pen letter' and said there were no grounds for prosecution as the allegations were baseless

Param was commenting on a New Straits Times report quoting the chief justice as having said he will act on allegations that incompetent judicial officers had been promoted.

These include judges who have failed to submit written judgments for extended periods of time.

Address these issues

However, Param said a host of issues should be addressed by the government in order for a sound and independent judicial system to be put in place. These are:

  • the amendment of Article 121 in 1988;

  • the lack of a clear expression in the Federal Constitution to the effect that courts are independent and subject only to the Constitution;

  • the lack of an independent mechanism for the selection and recommendation for judicial appointments and promotions;

  • the lack of an independent judicial complaints mechanism to deal with complaints against judges, including those falling short of misconduct justifying removal;

  • the need for a review and expansion of the 1994 Judges' Code of Ethics;

  • the judiciary's lack of institutional autonomy over financial aspects of court administration;

  • the appointment of judicial commissioners which, under Article 122 AB, does not provide for security of tenure which is essential to secure independence;

  • the need for a review of the positions of magistrate and session court judges and court registrars. As they come under the Judicial and Leal Service Commission, they are perceived to lack independence.

    • Yesterday, malaysiakini reported Param's call for former attorney-general Abu Talib Othman to desist from calling on the chief justice to stop the judicial rot in view of his role in the 1988 judicial crisis.