DAP national chairman Karpal Singh today called on the prime minister to step in and act against Chief Justice Tun Zaki Azmi for breaching the judges’ code of ethics.
The Bukit Gelugor MP accused Zaki (picture) of hypocrisy and misconduct while on the Bench and wants a tribunal to be set up to probe Malaysia’s top judge.
Karpal stressed that only the prime minister had the constitutional power to do so and cited Article 125(3) of the Federal Constitution: “If the prime minister, or the chief justice after consulting the prime minister, represents to the Yang Di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3B) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang Di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge form office.”
“I think the prime minister should advise the Yang di-Pertuan Agong to set up a tribunal for the removal of the chief justice,” the veteran lawyer told reporters, noting other laws dealing with judges who breached a code of ethical conduct could not be used on Zaki.
Karpal explained it was because the other laws required the Chief Justice to decide the members of the investigation panel, but “no one should be a judge in his own cause”.
“It is the highest form of misconduct for YAA, having regard to YAA’s high standing as Chief Justice of Malaysia to have departed from the high standard of personal conduct expected of YAA when uttering at the prize-giving ceremony at the Federal Court Excellent Service Award on June 11, 2010,” Karpal told reporters today, calling Zaki by his honorific and referring to NST’s report dating back to June 12 this year.
“I’m not making allegations without any foundation. I’ve got nothing personal against the Chief Justice, but as an MP, it is my duty to point out misconduct on his part,” he added, pointing to audio recordings of the interview.
The federal lawmaker berated Zaki for rapping jurists and other court officials for being on the take when the latter had two years ago disclosed, in an interview with a national English daily, that he had offered bribes while a lawyer.
“It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were attended to,” the New Straits Times had published on November 7, 2008, quoting Zaki who had then just been promoted to the top judge post.
Karpal has repeatedly attacked Zaki over the 2008 disclosure and pressed him to resign from his post, despite the latter’s claims he was misquoted.
“To be fair, I think he should step down [as Chief Justice]. I’m making this complaint in my capacity as a member of Parliament,” he told reporters.
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how you expect Najib to call for the tribunal when its clear that - UMNO wants the judge to be such to uphold their position. Unless the CJ goes against BN then can be done as what happen during Tun Maha era. What ever is it, we have to leave with this corruption people until the people change the government - that is the only time a Real Reform can take place in our country.
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