Charge against CJ - Karpal breaks new ground
Bukit Gelugor MP Karpal Singh filed a complaint against Chief Justice Zaki Azmi today- the first case to be lodged under the new Judges' Code of Ethics Act, 2009 and the Judges' Ethics Committee Act, 2009, - which came into force in March.
Bukit Gelugor MP Karpal Singh filed a complaint against Chief Justice Zaki Azmi today- the first case to be lodged under the new Judges' Code of Ethics Act, 2009 and the Judges' Ethics Committee Act, 2009 which came into force in March.
In the complaint sent via hand to the Chief Justice's office in Putrajaya today, Karpal said Zaki's statement pertaining to corruption on June 11 shows a 'defect in character' warranting disciplinary action under the Act.
He said at the Federal Court Excellent Service Awards ceremony, Zaki had said: "I will not sympathise with those involved in corruption, be it in the form of monetary gains or mobiles phones, flight tickets, hotel vouchers or anything else.
"Some say if there are no givers there won't be any corruption but I say if there are no receivers, there will be no givers."
The complaint marks a continuation of Karpal's (left) battle to push for the removal of the chief justice, which began with a police report lodged in 2008 following the latter's admission that he had bribed court officers when he was a lawyer in 1987.
"It is hypocrisy (and) a defect in character. He should be the last person to go around warning people [...] about corruption when he is corrupt himself," Karpal said at a press conference in Kuala Lumpur today.
Karpal, however, noted that the Zaki cannot determine the merit of this complaint although it is provided by the Act because it is against him.
“Neither would it be proper for the President of the Court of Appeal to determine the merit of the complaint as he is second in command to the Chief Justice,” he said.
Remove Chief Justice
As such, he said in the letter to Zaki, the only ones qualified to judge this complaint would be a former Chief Justice.
But this still does not solve the issue as it is Zaki who will have to appoint the former Chief Justice.
“The better way is for the (Zaki) to remove himself (as Chief Justice)….The Prime Minister should advice the Yang di-Pertuan Agong to set up a tribunal (under Article 125 of the Federal Constitution) for the removal of the Chief Justice.
“The Chief Justice must appoint all judges who sit in judgment but he cannot (in this case due to conflict of interest) so he should step down,” he said, adding that he does not have a personal grudge against Zaki (right).
He added that such a complaint against a Chief Justice is “unprecedented in the Commonwealth” but then “there is always something new in our country.”
“It is no good (but) it appears to be airborne,” he said, relating his complaint to several other incidences of alleged misconduct among court officials.
This includes the said affair between a deputy public prosecutor and complainant Saiful Bukhari Azlan in Opposition Leader Anwar Ibrahim’s sodomy trial.
The DAP stalwart said that he has lodged the complaint against the Chief Justice in his capacity as a parliamentarian and is confident of his Pakatan Rakyat colleagues’ support.
“DAP is 100 percent (supportive). PKR, I am sure Anwar will make everyone agree. PAS, I think, will (support me) as they are steadfast on matters of principle,” he said.
No quarrel with Nik Aziz
Karpal, however, stands by his opinion that DAP will not support the introduction of Hudud Law as suggested by PAS Spiritual Leader Nik Aziz Nik Mat to curb baby dumping.
“It is wrong for Nik Aziz to suggest something that cannot be introduced in the first place,” he said.
He said that while neither he or DAP has any “quarrel” with Nik Aziz or his party, the fact remains that Malaysia is a secular country, as stated by the Federal Constitution and upheld by the Supreme Court in 1988.
Instead, Karpal said, it would be better to set up a Royal Commission of Inquiry to investigate the cause of the issue.
“It is a social problem leading to criminality […] The women and girls who dump their babies have different states of mind.
“For example, if a girl becomes pregnant from rape or incest, she will be in a different state of mind. You just can’t hang people like that. Find out the causes and measures to prevent it,” he said.
