AGC on judiciary concerns: VK Lingam comparison unwarranted

Summary

• AGC downplays PKR MPs’ concerns that the judiciary is on the brink of a VK Lingam-esque scandal.

• It says allegations that a Federal Court judge had interfered with the judiciary are purely speculative.

• Chambers also implies that the prime minister can ignore JAC recommendations for the sake of “protecting” the judiciary.

The Attorney-General’s Chambers has downplayed concerns raised by PKR lawmakers yesterday about a potential crisis in the judiciary.

It also said the comparison with the VK Lingam scandal was unwarranted.

In a statement today, it acknowledged that claims of a Federal Court judge allegedly interfering in judgments and judicial appointments were serious.

However, it stated that deliberations in the Judicial Appointments Commission (JAC), where the allegations were raised, are confidential.

Further, the AGC said the allegations can’t be considered as wrongdoing that has been proven or impacts judicial independence.

READ MORE: Revisiting the VK Lingam tape

“They remain as premature allegations that are purely speculative.

“The comparison with the Lingam case in 2007 is unwarranted at this stage. That case involved clear interference in judicial appointments to the point that a (Royal) Commission of Inquiry (RCI) was formed.

“That is different from this current scenario where the accusations/allegations are only based on procedural irregularities and assumptions that are not supported by any strong evidence,” the AGC said.

The allegations against the senior judge were reportedly made in a JAC meeting when Tengku Maimun Tuan Mat was still the chief justice.

It came to public attention two weeks ago after a police report lodged on the judge’s behalf on June 12 over queries by Malaysiakini on the matter was leaked.

This is the first time that the government has acknowledged the allegations.

PKR MPs want investigation

Yesterday, nine PKR lawmakers led by former economy minister Rafizi Ramli called for an RCI - as well as the parliamentary special select committee (PSSC) on institutional reforms - to investigate the judicial interference allegations.

The group also wanted the RCI to investigate allegations that the government did not act on proposals by the JAC before Tengku Maimun retired last week, including on nominees for chief justice and the Court of Appeal president.

Further, the group said the RCI also needed to probe into allegations that the JAC was summoned last Friday, without abiding by the 10-day notice rule, to propose new candidates for the vacancies.

Rafizi had said the allegations were as serious as the Lingam scandal, referring to a 2002 recording of the lawyer, 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.

Since its formation, the JAC’s role has been to vet and recommend judicial appointments to the prime minister and is, in theory, supposed to keep the premier’s constitutional power to appoint judges in check.

However, the prime minister has considerable sway over the JAC, being able to appoint five out of nine members of the commission.

‘PM has responsibility to protect judiciary’

In its statement today, the AGC also implied that the prime minister can ignore the JAC’s recommendations to “protect” the judiciary.

“The allegations that there were delays in the appointment (of judges) and failure to act on prior nominations (by the JAC) must be seen from a constitutional perspective.

“The prime minister can’t be considered a mere conduit to accept recommendations from any quarters, but instead has a constitutional responsibility to advise the Yang di-Pertuan Agong to protect the independence, credibility, and integrity (of the judiciary),” the chambers said.

However, it said that the Agong had consented to the appointments of several High Court and Court of Appeal judges last month, but that it is still in the process of going through several formalities.

The AGC also dismissed concerns that the JAC did not comply with rules in convening an urgent meeting last week.

It said the JAC can govern itself, and that in pressing situations, authorities can proceed with meetings on short notice if all members are in agreement.

The AGC said a procedural matter should also not undermine the validity of the JAC’s deliberations, unless there is clear prejudice.

Rafizi had said that any pressing need to appoint judges is due to the alleged delays in the government accepting recommendations by the Tengku Maimun-led JAC.

As for the Rafizi group’s call for a PSSC probe, the AGC said while Parliament can do so, it must be handled diligently to not politicise the powers of the Agong and the prime minister.

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