The Malaysian Bar - MACC invited to vet declarations in Judiciary’s bid to graft-proof operations

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MACC invited to vet declarations in Judiciary’s bid to graft-proof operations

Monday, 16 January 2012 10:30am

©The Star (Used by permission)
by SHAILA KOSHY and QISHIN TARIQ

PUTRAJAYA: The Judiciary is the latest institution of public interest wanting to further graft-proof its operations by inviting the Malaysian Anti-Corruption Commission (MACC) on board.

Chief Justice Tan Sri Arifin Zakaria, who issued the invitation yesterday, said judges had nothing to fear if their work was clean.

Justice Arifin said judges of higher courts would be required to declare their assets soon and the MACC called in to check the information if there were allegations.

“I'm sure all of you have nothing to fear so we have to work together with MACC on this matter,” he said during the third day of the Conference of Judges here.

The move would affect judges in the Federal Court, the Court of Appeal and High Courts and judicial commissioners.

Under Section 9 of the Judges Code of Ethics 2009, a judge shall declare in writing all his assets to the Chief Justice of the Federal Court upon his appointment or any time thereafter, if required so.

At the conference, the Chief Justice also reminded judges to maintain the independence of the Judiciary and not put up with any interference in reaching their verdicts.

“But there are other interferences one of them may be your spouse. So, make sure there are no discussions,” he quipped.

The statement by Justice Arifin came just three days after MACC advised mega project owner MRT Corp not to consider a bid by a French company that was still under investigation for alleged corruption.

MRT Corp, the project owner of the multi-billion ringgit Klang Valley MY Rapid Transit, had asked MACC to help keep a hawk's eye to ensure that there was no corruption, especially in the procurement process.

Various groups lauded the move by Justice Arifin and suggested ways of cooperation.

Malaysian Bar president Lim Chee Wee said allegations of financial impropriety against judges would be easier to deal with if MACC audited their assets as soon as they were declared.

“This has been one of the many issues discussed by the Judiciary and the Bar on how to improve public confidence in the Judiciary,” Lim said.

He said allegations although without documentary evidence, so far as the Bar Council was aware impacted negatively on the image of the Judiciary, especially “when lawyers and litigants claim that they have bribed judge(s)”.

Retired Court of Appeal judges Datuk Shaik Daud Ismail and Datuk K.C. Vohrah said they had never been asked to declare their assets as judges.

“But I think it is a good idea,” said Vohrah in an SMS from overseas.

Former chief justice Tun Zaki Azmi said he declared his assets to the Chief Secretary's Office when he was appointed to the Federal Court in 2007.

“I asked new judicial commissioners to declare their assets to me when I was CJ.”

Chairman of Asli's Centre for Public Policy Studies Tan Sri Ramon Navaratnam described Justice Arifin's announcement as “important” in judicial leadership.

However, he suggested that judges, Cabinet members and Members of Parliament declare their assets to an independent commission instead, adding that they should also be declaring their liabilities.

Malaysian Centre for Constitutionalism and Human Rights founder Edmund Bon asked for declared assets by the judges to be made public “to a certain extent”.

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