The Malaysian Insight

SHOULD Malaysians be even remotely surprised that the Malaysian Anti-Corruption Commission is investigating a pivotal arm of the country’s legal system?

No.

For some time now, there have been red flags raised about the alleged shenanigans at the Asian International Arbitration Centre. But precious little was done until now – until an anonymous letter narrated in some detail the litany of alleged offences at AIAC.

For a long time, the country’s legal system has accurately mirrored Malaysia’s descent into the abyss of mediocrity, corruption and excess. 

Instead of delivering justice and fairness on a regular basis and being that one refuge for the oppressed, the judiciary and various arms of the legal system have done exactly the opposite.

They have been servile to the powers that be, abdicated their role of defending the constitution; protecting the separation of powers and placing the rule of law and justice above all else. 

Make no mistake, Malaysia would not be in the mess it is had the investigators, prosecutors and judges just done their job.

Malaysia would not be sitting in the cesspool of the biggest financial scandal in history if principled individuals had been appointed to key positions in the judiciary and other branches of the legal system.

Dr Mahathir Mohamad. Anwar Ibrahim. Lim Kit Siang. Mohamed Sabu. Rafizi Ramli. Sivarasa Rasiah. Teresa Kok. Lim Guan Eng. Hanipa Maidin. Gobind Singh Deo, Tony Pua, Muhyiddin Yassin, etc.

Every one of them has been on the receiving end of ‎a Malaysian legal system that has lost its way. They have had strong cases tossed for the flimsiest of reasons.

They have been jailed when the course of justice was perverted. They have been silenced. They have been prevented from leaving the country. 

They have had their rights trampled upon like dried leaves.

In short, they have had first-hand experience of a decrepit judiciary and impotent legal institutions. Messrs Mahathir and co. must understand that it will be impossible to reform Malaysia or nurse Malaysia back to financial or moral health if the old actors and old structures of the judicial and legal system are left untouched by the winds of the May 9 revolution.

Indeed, it will be the height of hypocrisy for anyone in government to talk about a new Malaysia or embarking on a journey to the promise land of integrity ‎without a complete overhaul of the judiciary and legal system.

Six months and counting.  

It will be a great pity if this window of opportunity afforded by the Pakatan Harapan win to conduct a root and branch clean-up of the judicial and legal system is missed. 

Actually, it will be much worse than a great pity. It will be a dereliction of duty if this historic opportunity of reform is squandered. – November 21, 2018.