Clean Up The Judiciary Leave A Legacy
Newly appointed chief justice Wan Ahmad Farid Wan Salleh has an opportunity to set the tone for reform in the courts.
From Zaid Ibrahim
I extend my heartfelt congratulations to Wan Ahmad Farid Wan Salleh, Abu Bakar Jais and Azizah Nawawi on their elevation to the highest positions in our judiciary.
Wan Farid, at 62, brings with him four more valuable years to make a meaningful contribution to this fragile institution. The nation hopes that he uses this time not only to uphold the law, but to restore public confidence in the judiciary.
I have only one wish list for the new leadership team. I am not overly concerned about internal contestation among judges, whether they subscribe to the basic structure doctrine or lean towards ethno-Islamist jurisprudence in cases involving Muslims and non-Muslims. Such intellectual divergence is part of judicial discourse. Lawyers, for their part, must engage in these debates using the force of reason, not by rewriting the constitution, which would be a betrayal of their oath.
What concerns me deeply is corruption and bribery within the judiciary. While corruption among civil servants is, unfortunately, well-known, the public still expects and deserves a higher standard from judges.
Yet the pressure on judges today is immense. Powerful business interests and wealthy individuals frequently appear before the courts.
We have heard too many whispers, and sometimes even clear assertions, about attempts to influence judges through lawyers and other improper means. Too often, these revelations go uninvestigated and unpunished.
My friend, Syed Ahmad Idid, had the courage to raise the alarm. He documented serious allegations of corruption involving senior judges. Instead of being protected, he was hounded out of office. I regret deeply that I was never able to offer him the support and compensation he deserved, unlike the five judges dismissed in 1988, whom I had the privilege of assisting.
Then came the Lingam tape affair, where senior judges and businessmen were caught in scandalous collusion. Despite a royal commission of inquiry recommending action, nothing came of it.
We cannot forget Justice Hamid Sultan Abu Backer, who submitted a detailed 64-page affidavit outlining serious judicial misconduct. Again, we were promised investigations, but again, nothing happened.
To Wan Farid, this is your moment to set the tone. Be vigilant. The judiciary must be purged of corrupt elements. Protect your whistleblowers, for they are the conscience of the system. The ethical standards for judges must be higher than for ordinary citizens. Upholding those standards must be your legacy.
If you spend the next four years cleaning house, future generations will remember you not just as chief justice, but as a reformer who restored dignity to an institution that desperately needed it. - FMT
Zaid Ibrahim is a former law minister and an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
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