Proceedings of the Royal Commission set up to investigate the alleged brokering of judicial positions by a prominent lawyer are under way. Among the witnesses to be called include an ex-Prime Minister, a serving Minister of State, the ex-Chief Secretary to the Government and three ex-Chief Justices.

A video recording is said to show allegedly the lawyer discussing judicial appointments on the phone with allegedly the eventual immediate ex-Chief Justice. (As of writing, this is not found proven.) The Bar Council led a march of reportedly 2000 lawyers to call for an investigation. This finally led to the Government setting up the Commission.

In recent times, the Judiciary had been queried repeatedly by the legal profession, civil society groups and the parliamentary Opposition. They claim the 1988 dismissal of the then Chief Justice marked the start of concern. The controversy's high point occurred when a photograph of the same lawyer with a different ex-Chief Justice (2 before the immediate ex) was discovered. It showed them together socially in New Zealand. Both say the meeting was coincidental and innocent. This increased worry whether certain cases - some commercial - were being fairly decided.

The Commission presents an opportunity for the Judiciary to put long simmering allegations to rest and reaffirm its prestige. The recent appointment of the present Chief Justice positively acknowledged the need to address the perceptions surrounding the Judiciary.

Foreign Investors habitually cite Malaysia's legal system as a plus point. The Common Law system and familiar court structure inherited from English colonialists lent confidence. A division of the High Court is dedicated to commercial disputes. The majority of cases are processed without difficulty although perhaps not expeditiously. To improve speed, computerisation of the Courts has been announced. The Commission's eventual findings can only strengthen confidence in the Malaysian Courts.

Written by Asmet Nasruddin
Tay & Partners 6th Floor, Plaza See Hoy Chan Jalan Raja Chulan
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