Malaysian opposition seeks probe into judiciary

Malaysian opposition seeks probe into judiciary

KUALA LUMPUR (Reuters): Malaysia said on Tuesday it was taking very seriously a judge's claim that a superior told him to drop a case involving electoral irregularities and the opposition called for an inquiry into judicial independence.

Justice Muhammad Kamil Awang said he ignored the telephoned "directive" and went ahead and annulled a victory for Prime Minister Mahathir Mohamad's ruling coalition in a constituency in state assembly elections in Sabah, on Borneo island, in 1999.

It was one of two recent cases in which the government has uncharacteristically found itself on the wrong side a judge's ruling.

Last month, a judge in Shah Alam, near Kuala Lumpur, freed two opposition activists locked up under the dreaded Internal Security Act, which allows detention without trial.

Judge Muhammad told Bernama news agency on Monday the telephone call was made by a superior in the judicial system, and he had reported the matter to Chief Justice Mohamed Dzaiddin Abdullah, who was appointed last December.

Deputy Prime Minister Abdullah Badawi, who is also Home Minister, welcomed Muhammad's decision to refer the matter to the chief justice.

"I consider this incident as very serious indeed," Abdullah told a news conference. "I was happy that the judge has decided to write a letter to the Chief Justice."

Lim Kit Siang, chairman of the Democratic Action Party, called on the government to set up an inquiry into the latest allegation of interference in the legal processes.

"DAP calls on cabinet to set up a Royal Commission of Inquiry into Judicial Independence, which would also investigate into Justice Muhammad's shocking expose of a telephone directive from a judicial superior," he said in a statement.

"Such a Royal Commission of Inquiry should investigate all cases and causes for the undermining of the independence, impartiality and integrity of the judiciary in the past decade."

The Bar Council of Malaysia, representing nearly 10,000 lawyers, issued a statement calling on Muhammad to name the caller and report the incident to the police.

"The Malaysian Bar commends the learned Judge for having the integrity and courage to bring this matter out into the public domain..." it said in a statement.

Muhammad said other judges in Sabah and neighboring Sarawak had told him they had come under similar pressure.

Home Minister Abdullah said the government accepted Muhammad's verdict last Friday that the electoral roll included names of non-existent, or phantom voters, and foreigners.

As a result of the verdict, a by-election will be held in the Sabah assembly's Likas seat within 60 days.

Muhammad, in his ruling, said God had given him strength to act as a judge and not as a "yes-man".