APRIL 14 — I refer to the Malaysian Bar Council’s media statement on April 3 and the joint statement by the Coalition for Clean and Fair Elections (Bersih) as well as Gabungan...
APRIL 14 — I refer to the Malaysian Bar Council’s media statement on April 3 and the joint statement by the Coalition for Clean and Fair Elections as well as Gabungan Tindak Balas Malaysia on April 11.
A number of constitutional experts have been quoted in the media recently rebutting this view. One such expert is Assoc Prof Datuk Wan Ahmad Fauzi Wan Husain who was quoted recently stating that offences that touched on ethics and disciplinary issues cannot preclude the use of the Criminal Procedure Code, the Malaysian Anti-Corruption Act, other existing laws and the powers of the Attorney General as the Public Prosecutor under Section 145, Federal Constitution.
Secondly, whether the Public Prosecutor is empowered to institute or conduct any proceedings for an offence against serving judges of the High Court, Court of Appeal and the Federal Court pursuant to Article 145, Federal Constitution, having regard to Article 4 and Part IX, Federal Constitution? Furthermore, if a “serving Superior Court Judge is accused of a crime such as murder, rape or even corruption, how is evidence to be gathered to separate the wheat from the chaff ?”
Secondly, this is not the first time, the ethics of a Superior Court Judge has been questioned. One should remember the case in 1996, when a High Court judge had written an anonymous letter alleging, among others, the former Chief Justice Tun Eusoff Chin of ethical misconduct. The judge was urged by none other than the Malaysian Bar to report to the then Anti-Corruption Agency to investigate the matter.
It was after the attacks on the MACC, that it issued a press statement on April 28, 2022, defending its mandate to investigate “public officers” which include judges in the definition, as stated in the MACC Act 2009. Again, simply stating that it is following the procedure based on the law, by no means is an announcement in design to smear the good name of the judge.
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