Malaysia

Recent criticism of judiciary gone overboard, says chief justice

Tun Tengku Maimun Tuan Mat says comments on judges must not undermine public confidence in courts

Updated 2 years ago · Published on 27 Apr 2022 8:11PM

Recent criticism of judiciary gone overboard, says chief justice
Chief justice Tun Tengku Maimun Tuan Mat says no one should sow the seeds of doubt among the public concerning the integrity of the judiciary or judges. – Bernama pic, April 27, 2022

PUTRAJAYA – Chief justice Tun Tengku Maimun Tuan Mat said although judges are subjected to public criticism and were accountable to those they serve, unsubstantiated accusations made against judges and the judiciary recently have gone overboard.

She said although citizens including politicians were free to criticise the judiciary to a certain extent, this does not mean they can level unfounded and scurrilous attacks against the judiciary or a particular judge to further their own ends.

Lately, she said, the courts have been dealing with high-profile cases and cases involving the public interest, and that it was natural for judges to receive criticism and accusations from parties aggrieved with the courts’ decisions in these cases.

However, she said what has happened recently concerning accusations against judges and the judiciary, to her view, has gone overboard.

“When a need arises for the judiciary to be criticised, this should be done in a manner that is constructive and does not undermine its independence and public confidence in the judiciary,” she said in her speech at the swearing-in ceremony of 17 judicial commissioners who were confirmed as high court judges.

Tengku Maimun said no one should sow the seeds of doubt among the public concerning the integrity of the judiciary or judges.

The chief justice said judges were subjected to scrutiny and that this was the reason why they write judgments, so that they can be read, analysed, discussed and debated.

Tengku Maimun said it was important to emphasise that the judiciary is the last line of defence in a constitutional democracy and there must never be a suspicion that the judiciary is being interfered with.

She said judges should not give up and be discouraged when performing their duties in accordance with the principles of law, adding that the integrity of the justice system and the independence of the judiciary can never be compromised under any circumstances.

“Come what may, we must remain strong and resilient and be steadfast in upholding the rule of law. Whilst we cannot control the words or actions of some quarters who are bent on tarnishing or destroying the image of the judiciary, it is within our control to ensure that no one meddles in our affairs. In other words, there can be no interference in the judiciary if we judges do not allow that to happen,” she said.

Those present at the swearing-in ceremony gave a standing ovation and thunderous applause to Tengku Maimun soon after she delivered her speech.

Recently, Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali, who had convicted former prime minister Datuk Seri Najib Razak on charges of misappropriation of SRC International Sdn Bhd funds, lodged a police report over news articles alleging that he was being investigated for unexplained money in his bank account.

A statement released by the Federal Court chief registrar’s office on April 21 said Nazlan denied the allegations as false, baseless and malicious, and were aimed at undermining his credibility as a judge and disrupting the administration of criminal justice and the judiciary.

The judiciary had also lodged a police report with regard to the allegation that there was a conspiracy between Tengku Maimun and political leaders to speed up the trial and sentencing of Najib and Umno president Datuk Seri Ahmad Zahid Hamidi.

Meanwhile, 17 judicial commissioners took their oaths of office and allegiance as high court judges before chief judge of Malaya Tan Sri Azahar Mohamed and chief judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim at the ceremony.

They were Datuk Seri Latifah Mohd Tahar, 60, Datuk Amarjeet Singh, 53, Datuk Duncan Sikodol, 62, K. Muniandy, 60, Shahnaz Sulaiman, 53, Evrol Mariette Peters, 54, Christopher Chin Soo Yin, 64, Ong Chee Kwan, 58, Mohd Radzi Abdul Hamid, 59, Datuk Aslam Zainuddin, 56, Datuk Julie Lack, 61, Wong Siong Tung, 58, Leonard David Shim, 56, Nadzarin Wok Nordin, 59, Quay Chew Soon, 58, Atan Mustaffa Yussof Ahmad, 52, and Anand Ponnudurai, 55.

Their appointments took effect today. – Bernama, April 27, 2022

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