The legal fraternity's verdict of our judiciary is grim - that corruption is endemic, judgments are perceived to be affected by undue influences and that the system compares very badly with other nations.

transparency international malaysia judiciary survey 2008 influence 211008These troubling findings are the result of a survey conducted by Transparency International Malaysia (TI-M) amongst lawyers in the country over March and April 2008, which involved 339 respondents.

The outcome of the survey was released in Kuala Lumpur this afternoon.

The numbers were damning, as 91 percent of respondents were convinced that judicial processes in the superior courts (High Courts, Courts of Appeals and the Federal Court of Malaysia) were often, mostly or always subjected to government and other undue influences.

Only one lawyer out of the 339 felt that these courts were free from influence.

The lower courts (sessions and magistrate) were also not free from critique as they registered 74 percent in the often, mostly or always subjected to 'government and other undue influences' score.

It was not surprising therefore that 94 percent felt that judicial authorities are susceptible to receiving bribes in exchange of favourable judgments, with 15 percent saying that judicial authorities always took bribes.

transparency international election workshop 240108 ramon navaratnam"The numbers are alarming. More so because they are from lawyers, those who are in the field, therefore their feedback is quite telling on the real situation of our judiciary," said TI-M president Ramon Navaratnam.

In terms of whether there are enough effective mechanisms available to counter judicial misconduct, 94 percent believed that the mechanisms need to be improved, with 67 percent saying that there was a serious problem which needs to be addressed.

Judiciary needs urgent improvement

transparency international malaysia judiciary survey 2008 independents 211008When the lawyers were asked to compare Malaysia with other countries, only one percent responded that our system was comparable to the best judiciaries elsewhere.

This was weighed against the 94 percent who felt that our judiciary as a whole needed improvement

The constant in this survey was that on all levels of assessment lawyers in Malaysia were largely unimpressed with judicial independence, presence of bribes in the courts and the lack of oversight to rectify errors.

Navaratnam said the survey results would be forwarded to Prime Minister Abdullah Ahmad Badawi tomorrow and additional copies sent to all cabinet ministers and judicial authorities.

He clarified too that the survey was conducted with the assistance of the Bar Council, but not by them - therefore establishing the independent nature of the results.

transparency international malaysia judiciary survey 2008 corruption and bribery 211008Both TI-M deputy president Paul Low and executive director Mark Chay were present at the press conference.

When asked on the appointment of Zaki Azmi as chief justice, Navaratnam said TI-M's position was that the "decision was already made with due consideration and that everyone should give the new man to prove he can carry reform through in the courts".

On Umno party nominations occurring at divisional level, the former civil servant said Abdullah, who is party president, has to allow ACA to pursue every corruption lead without fear or favour.

He added that the prime minister has a window of four months to get his reform agenda through.

"I hope and pray that the prime minister has the political will and courage to push the reforms before he leaves."