Call to probe judge’s disclosures

KUCHING: The Advocates Association of Sarawak condemns any attempt to subvert or interfere with the independence of the judiciary.

“The relevant authorities must perform their duties,” its president Sima Hi Chuang said in a statement yesterday.

“Investigate and take action in respect of the matters and events stated by Justice Datuk Ian Chin.

“The independence of the judiciary is the cornerstone for the survival of the democratic process in Malaysia,” Sima said.

“While the events mentioned by Chin may be in 1997, investigations or actions taken (now), whatever may be the outcome, may be a future deterrent.”

The statement was issued following widespread media coverage of judicial disclosures made by Chin during a case now in progress.

His first allegation of former Prime Minister Tun Dr Mahathir Mohamad exerting influence on the judiciary was made on June 9. Days later, Dr Mahathir denied the claims on his blog, which was also reported in mainstream media.

Nonetheless, on June 24, the High Court judge expanded on his earlier statement.

Chin said in open court: “Another method was to chisel away the view we held of how independent we should be in our job as High Court judges, and this they did by punishing or humiliating a High Court judge by making him carry a brick all the time after he broke the egg, which each of us must carry wherever we went, including marching”.

“Whatever happened,” Sim’s statement yesterday continued, “it must be ensured that, now and in the future, there would be no interferences with the independence of the judiciary.”

“It must be stated that there are many dedicated, hardworking and upright members of the judiciary, who strive everyday to uphold the law and keep the administration of justice running as it should be.”

Recent public announcements by relevant ministers showed that effort to restore public confidence in the judiciary has slackened, the statement added.

“The government has until recently been seen working towards restoration of public confidence in the judiciary.

“The Judicial Appointment Commission is a step in the right direction.

“However, recent public announcements by relevant minister show that such effort has slackened.

“The open court statement by Chin on June 24 shows that efforts must be redoubled. It shows the importance in the method of appointment of judges.”

Sima stressed that the commission must be “as independent as possible from the executive”.

“Therefore, the question of composition and powers of the commission, and the selection of members of the commission, must ensure that the Judicial Appointment Commission would be independent,” he said.

The Borneo Post
26/06/08