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".