PKR MPs call for RCI on judiciary, fear new VK Lingam-esque scandal

Summary

• PKR MPs led by Rafizi Ramli are worried that a judicial appointment scandal is brewing, similar to the VK Lingam episode.

• They want an RCI to investigate the matter.

• They also want the parliamentary special select committee on institutional reforms to investigate the matter and summon Prime Minister Anwar Ibrahim to testify.

A group of PKR lawmakers led by the party’s former deputy president Rafizi Ramli is concerned that a new judicial appointments scandal is shaping up, in the same vein as the VK Lingam episode.

As such, they are calling for a Royal Commission of Inquiry to be formed to investigate the following allegations:

1. That the government did not act on judges proposed by the Judicial Appointments Commission (JAC), causing dire vacancies.

2. That the JAC, prior to Tengku Maimun Tuan Mat’s retirement, had nominated candidates for the chief justice and the Court of Appeal president to Prime Minister Anwar Ibrahim, but this was not acted on, leading to the current vacancies.

3. That the JAC was summoned on Friday, without abiding by the 10-day notice rule, to propose new candidates for the vacancies.

4. That the JAC in a previous meeting had summoned a Federal Court judge to answer allegations of judicial interference.

The fourth matter is based on a leaked police report filed by the judge’s aide over queries by Malaysiakini regarding the judicial interference allegations.

‘RCI can investigate more issues compared to tribunal’

Elaborating on their demands, Rafizi said an RCI can investigate issues beyond the scope of a tribunal as proposed by the Defend the Judiciary Secretariat under Article 125(3) of the Federal Constitution, which could only probe allegations against the Federal Court judge.

“Just as PKR previously demanded and supported an investigation by an RCI during the VK Lingam scandal, we now propose that an RCI also be established to investigate the circulating allegations.

“I know that Dr Mahathir Mohamad and several opposition leaders have suggested setting up a tribunal to investigate the allegations involving the Federal Court judge… but according to the Constitution, if we limit it to a tribunal, it will only address those specific allegations,” he said.

“If someone asks, ‘Why make a fuss over 10 days’ notice not being enough?’ - this is a matter of the judiciary and the Constitution. 

“For example, if there’s an appointment of a senior judge in the country, but the meeting was not convened in accordance with constitutional and legal procedures, that appointment can be challenged.

“And if the appointment is challenged, then the decisions made can also be contested and invalidated. So if appointments are to be made, they must be done properly,” he stressed.

Tengku Maimun retired as chief justice on July 2, after she was not granted a six-month extension.

Chief Judge of Malaya Hasnah Hashim - who is serving out a six-month post-retirement extension until November - is the acting chief justice in the interim.

On Friday, Free Malaysia Today, citing sources, reported that Hasnah had summoned the JAC for an urgent meeting.

The VK Lingam scandal refers to a 2002 recording of lawyer VK Lingam, who revealed in a phone call how he had influenced the appointment of key judges.

The video came to light in 2007, triggering widespread outrage which led to the eventual formation of the JAC in 2009.

READ MORE: Revisiting the VK Lingam tape

The MPs calling for the RCI include Rafizi (Pandan), Nik Nazmi Nik Ahmad (Setiawangsa), Wong Chen (Subang), Rodziah Ismail (Ampang), Zahid Hassan (Wangsa Maju), Bakhtiar Wan Chik (Balik Pulau), Syed Ibrahim Syed Noh (Ledang), S Kesavan (Sungai Siput), and Onn Abu Bakar (Batu Pahat).

Of the nine MPs, Kesavan and Onn were absent from the press conference.

Parliamentary probe

Besides forming an RCI, the PKR lawmakers will also formally request that Parliament’s special select committee for institutional reforms probe into the brewing judicial scandal.

This includes summoning Anwar to give a statement to the committee.

Ultimately, they want the appointment of judges to be made based on Tengku Maimun’s recommendations when she was still chief justice.

Any new recommendations must only be made after the RCI and Parliament committee probe were completed, Rafizi said.

The MPs will be launching a public petition and a series of public forums to educate the public about their demands.

They will also be rallying other MPs to support their cause.

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