A royal judiciary watchdog council should be established to protect the Malaysian judiciary from being compromised.
Malaysian International Humanitarian Welfare Foundation (MIHWF) President Datuk M. Devman Segar suggested that the council be under the purview of the country's Constitutional Monarch, His Majesty The Yang Di-Pertuan Agong.
"The council must be empowered to monitor and investigate any allegation of violation of rights, miscarriage of justice or travesty of justice during judicial proceedings in both criminal and civil cases.
"It will be a crucial public body to protect and prevent the independence of the judiciary from being compromised by the powers that be," said Devman.
“It will be a constitutional mechanism for laymen to check and balance the judiciary conduct or misconduct in a trial and administration of justice.”
He said the council could ensure that "justice was done & seen to have been done" in a case.
The human rights activist said the council must be apolitical and its composition must consist of independent and impartial individuals of the highest public esteem.
He said the council members shall not have any links, directly or indirectly, with political parties, politicians or the government.
He suggested that the council shall consist of between 7 to 11 members who were of high moral standards and dignity.
Devman said that the council shall conduct an investigation into any concluded trial, be it civil or criminal cases if there was a reasonable suspicion of a mistrial or the court had erred in its judgment.
He said the watchdog council shall act independently either on its own initiative or on valid public complaints to launch its probe.
The council can call up to question related judges and other witnesses to assist in its investigation.
After completing its investigation, the council shall prepare and submit a full report with recommendations to the Parliament for further action.
The lawmakers at both Houses of Parliament shall then debate the report in a special session and make recommendations to the Prime Minister on appropriate actions to be taken to resolve the issue amicably.
Devman believes that the council would make it difficult for the judiciary to be compromised, adding that the council would keep judges on their toes when presiding over a trial.
"The council will compel a judge to handle a trial with an utmost sense of responsibility and professional manner to deliver the right judgment based on testimonies of witnesses and evidence submitted to the court,” said Devman.
“We can prevent judges who have a serious conflict of interest from presiding over a trial.
We can prevent a mistrial.
Such a council can ensure that justice was done and seen to be done in a civil or criminal case."
He accepted that some could argue that there was an appeal process available in the apex courts for one to seek justice.
“But then what happens after the highest apex court if the Federal Court had allegedly committed misconduct in the appeal proceedings and erred in its judgment?
“To whom the public can refer to seek justice?”
Currently, said Devman there is no legal check and balance mechanism to protect the independence of the judiciary from being compromised.
He said a legal recourse was not available for the public to redress an alleged mistrial or a perceived wrong judgment.
“We aren’t suggesting that judges in Malaysia are currently being compromised. But it can happen.
“After all judges are humans too,” said the MIHWF president.
Devman said the royal watchdog council would strengthen public trust and confidence in the independence, integrity and dignity of the judiciary.
“The council will be a preventive measure to protect the independence of the judiciary.
“The government should form the council as soon as possible via the Parliament”.
By Aathi Shankar | Wednesday August 31, 2022
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