Lawyers push back against AGC downplaying judicial concerns

Summary

• Lawyers are taking the AGC to task for downplaying concerns about judicial interference as a "procedural irregularity".

• Latheefa Koya asks if the AGC had conducted any probe regarding the allegations against a judge before dismissing it.

Lawyers are pushing back against the Attorney-General’s Chambers for downplaying concerns about a potential judicial crisis on the same level as the VK Lingam scandal.

Speaking to Malaysiakini, they were especially concerned with the AGC’s response to allegations that a Federal Court judge was involved in judicial interference.

The AGC had said that while the allegations were serious, comparisons to the Lingam scandal were unwarranted and that the allegations were just pure speculation about “procedural irregularities”.

Sangeet Kaur Deo said the AGC should have backed a probe instead.

“Since the AGC itself has acknowledged these allegations and the severity of such allegations, the AGC should explain why it is not supporting or calling for an immediate investigation into them,” Sangeet (above, left) said when contacted.

Lawyers for Liberty co-founder Latheefa Koya said she was appalled by the AGC’s statement.

READ MORE: Revisiting the VK Lingam tape

“It is unacceptable that the AGC has brushed aside the allegations against the judge as a mere ‘procedural irregularity’," she said in a statement.

She referred to the leaked police report about the judicial interference allegations, which Latheefa (above, right) claimed included allegations that the judge asked the chief justice to make a "ruling favourable to a certain party”.

“This goes to the core of judicial impartiality and integrity. Decisions must be made strictly on the facts of the case and nothing else.

“Any external interference amounts to corrupt conduct. It must be probed immediately, swiftly and independently. Nothing less will do,” Latheefa added.

Premature decision

Latheefa also criticised the AGC for prematurely deciding that the allegations were not backed by strong evidence, questioning whether they had carried out any investigations before coming to such a conclusion.

Lawyer Andrew Khoo voiced similar sentiments.

“The Lingam affair started with an allegation. Then the evidence emerged. Likewise, in this case we have allegations.

“If there are proper investigations, evidence will emerge. Or should be disclosed. So there are parallels. The AGC should not be trying to downplay the matter,” he told Malaysiakini.

Latheefa further said that the AGC brushing aside concerns about judicial appointments does not address why the prime minister did not act on the Judicial Appointments Commission's (JAC) recommendations from when Tengku Maimun Tuan Mat was the chief justice.

Recommendations

It is reported that the JAC under Tengku Maimun had already made recommendations for the next chief justice and Court of Appeal president.

The post is instead held in the interim by Chief Judge of Malaya Hasnah Hashim.

The AGC had indicated that the prime minister can ignore the JAC’s recommendations if it is to “protect” the judiciary.

Latheefa said the AGC also did not address concerns as to why some judges were granted a six-month extension after reaching the mandatory retirement age, but not Tengku Maimun.

The AGC’s statement today was in response to PKR MPs’ press conference led by former economy minister Rafizi Ramli, who had called for a Royal Commission of Inquiry to investigate the judicial interference claims.

Judiciary sanctity

In a separate statement, Muda vice-president Dobby Chew said the AGC was not a political shield and should safeguard the sanctity of the judiciary instead of defending the prime minister.

“When the AGC chooses to defend the prime minister instead of defending the separation of powers, it undermines public trust and betrays its constitutional role.

“Without an independent judiciary, the legal process is reduced to mere theatre starring the attorney general and directed by the prime minister,” he said.

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