The Malaysian Insight

THE country’s senior judges are still pushing the Mahathir administration to extend the retirement age of judges to 70 despite being caught in the middle of allegations of misconduct and fixing cases.

Sources told The Malaysian Insight that the judges were hopeful of obtaining the support of de facto Law Minister V. K. Liew for the proposal.

Liew could not be reached for comment, but given the red flags raised about several individuals on the bench, it is hard to imagine the government supporting any call to extend the retirement age of judges from 66 to 70.

Last week, Court of Appeal judge Hamid Sultan Abu Backer lit a fuse under the judiciary with an affidavit where he accused senior judges of judicial misconduct, fixing cases and defrauding the government. 

While most of his barbs seemed to have been aimed at the former chief justice Raus Sharif and former president of the Court of Appeal Zulkefli Makinuddin, he made it clear that current senior judges were also guilty of trampling on the federal constitution or sitting idly while misconduct was committed on the bench.

The affidavit was done in support of an application by lawyer Sangeet Kaur Deo seeking a declaration that Chief Justice Richard Malanjum had failed in his duty to complete investigations into two cases of judicial interference.

Calls for a Royal Commission of Inquiry from civil society groups and Pakatan Harapan politicians have grown louder in the wake of Hamid’s allegations. 

In his affidavit, Hamid also noted that senior judges had discussed with the previous government the possibility of extending the retirement age for judges from 66 to 70. This discussion, he noted, was in breach of the concept of the separation of powers that began when Najib Razak was prime minister.

Hamid said he was told that the old cabinet was supportive of the proposal to extend the retirement age of judges but could not muster two-thirds support in Parliament to get amend the constitution.

Against the backdrop of damning allegations on the judiciary, any move by the Mahathir government to put a proposal to extend the retirement age of judges will likely be unsuccessful. 

Over the past few months, supporters of increasing the retirement age of judges have argued that those in senior positions needed more time to put in plans to reform the judiciary. 

But Hamid’s affidavit raises serious questions on the reform credentials of the senior judges.

Malanjum is due to retire in April while the president of the Court of Appeal Ahmad Maarop completes his term in May. – February 19, 2019.