It has been nearly ten days since lawyer Mohd Haniff Khatri Abdulla exposed an explosive revelation that there had been judicial interference in the appeal of the late Karpal Singh against his sedition conviction in the Court of Appeal.
Hanif was reported as saying that the Court of Appeal had initially, by majority, decided the said appeal in favour of Mr Karpal but due to the interference of a senior judge, that majority was reversed with the result that Mr Karpal’s appeal against his sedition conviction was eventually dismissed.
The identity of the said senior judge has yet to be disclosed neither has that of the judge on the Court of Appeal panel who allegedly was pressured to reverse his/her decision.
This is a most serious allegation which affects the very core and integrity of the judiciary. It speaks volumes in that, if found to be true, it shows that the judiciary is far from independent and subservient to a few.
It also points to a serious decay in the judiciary which cannot be allowed to continue at all costs, particularly in light of the new government’s promise of institutional reforms in the country, of which, the judiciary must surely rank the highest.
In the circumstances, it is shocking that to date, there has been no response from the judiciary by way of an official statement denying, condemning or at least promising an investigation into Hanif’s allegation.
Worse still, none of the three judges who sat on the panel in the said appeal has publicly denied such interference or lodged a police report although it has been nearly ten days since such an allegation surfaced.
With respect, any attempt by the judiciary or the said judges to do so now would certainly be construed as an obvious afterthought and would not be worth the paper on which it is written on.
I note that Hanif has given his statement to the police but has declined to reveal the identity of the said senior judge or his source of information.
It can hardly be surprising that Hanif chose not to reveal the same as public confidence in the police today is at such a low that the possibility of a cover up on its part certainly cannot be dismissed, particularly when senior judges are allegedly involved.
The net effect of the above is that there is very likely some truth behind Hanif’s allegation.
It must be taken seriously with the setting up of a Royal Commission of Inquiry (RCI) for the purpose of establishing the truth. Anything less will never dispel the perception that the judiciary is seriously tainted, not even the clearance of the police in the event that same were to happen.
Furthermore, there can be no doubt that Mr Karpal’s conviction will never be free from suspicion and doubt as a result of this disgusting episode regardless of how the Courts decide on the same in the future.
The senior judge implicated in this allegation (if found to be true) must be severely disciplined and publicly shamed for tarnishing the very institution he/she was entrusted to protect, regardless of whether he/she is still in service. His/her said alleged interference is the most cowardly and shameful of acts which was done even after Mr Karpal’s death.
If the Pakatan Harapan government is serious in its efforts in institutional reforms, it must set up an RCI on the matter now. Anything less will certainly cast serious doubts as to the new government’s sincerity in this regard.