The defilement and destruction of the judiciary was inevitable and the writing was on the wall for the longest period since 1988. As such the current revelations should shock none. The judiciary was the citizen last bastion and line of impartial defense. This belief has been effectively eroded and nullified. It can safely be ascertained that the judiciary has been pounded, pulverized, battered and decimated where it is now a functioning possibly in submission as an elastic plastic and cosmetic institution. The lingering suspicion and doubt that we were being shortchanged has come home to roost.
The impetuosity of legal prostitutionilism were already evident in the wrenching judgments that were seen in widely publicized plagiarized contents. A lawyer with his arm over a judge on holiday. A judge receiving a contract on the overthrow of the Perak State Government are all the notable incidences. It has been a little over thirty years and one can conclude that the violators are not going to be compliant and accept that the guillotine of conscience is intended for them in any way. Judicial violations and misconduct has been going unpunished for a number of years. The narrative doesn’t require much intellectual investigative thought. It is a natural imperative that such indiscipline would develop unto unspeakable criminality.
The drenching of judicial vestments in the political cauldron of hades was an assurance that the overpowering stench reeking from the sulphurous fumes was felt by the citizen’s way before the can of worms affidavit revelations. The quenching of our justice system repeatedly in the sludge, sewage and slime of a cancerous virus of corruption in incalculable and incurable proportions has stripped the judiciary of any shame. It has exposed the institution to an infection which embraces wantonly all manner of illegality which can be legitimized with the powers the judge’s possess.
This is not an ill-conceived, little mannered, uneducated, impoverished disparate group of people – it is the exalted cream of the educated. This is precisely why the pervasive fornication in their character and manipulations is inexcusable. The so called best of the learned and experienced of legal brains succumbed and submitted to indecency. It just informs us how deep and venomous the corrosive contamination of the cancer has corrupted our entire system.
This judicial transgressions or indiscreet iniquities is nothing complex. It is not about stupidity, incompetence, negligence or the subtleties of intimidatitive coercion from the executive that the judges faced. This is just a case of squalid influential individuals in extremely powerful positions- positioned themselves strategically to be propositioned to the seductive choices that were offered and made well informed decisions to enrich themselves.
Judicial bullying and thuggery informs us that the mentality and unethical behavior has become norm and not an exception overnight, these are possibly built over a period of time. It is neither a one night stand with an incidental or accidental harlot. This has the ingredients of planning, premeditation and plotting. The thuggish element is the same racketeering technique used by the very same gangsters they would sanctimoniously pronounce judgment upon. This is a case where ghetto and gutter in reality are not in the streets or back alleys. They are encapsulated, enmeshed and well entrenched in the hallowed halls of justice and chambers of the judiciary.
Under normal circumstances it is extremely and exceptionally difficult to remove or prosecute judges. The standard of evidence must be that much stronger and substantively clad in iron to dispossess them of their powers and secure equality of justice. Consider some points:
- Judges, who, through outright corruption or bias prevent the wronged from getting a fair hearing in our courts should be expunged from the system immediately.
- The selection of Judges will have to be through the eye of a needle. They have to be subject and scrutinized with a fine tooth comb approach of sieving the haystack of the potential impurities in their character even if it is the size of a needle that may be nestled in apparent safety.
- The type of case or conflict going before a judge must be readily identified and in doing so requires full disclosure from the judges or a disclaimer expressing that the Judge has no interest whatsoever in the case.
- If it is a company case and judge has stock ownership and even if it is minimal, it should automatically disqualify a judge from hearing the case or recuse him/herself from the matter.
- Litigants who request that a judge recuse himself may face retaliation and even this needs to be addressed.
- A judge must stay away when there is even the slightest sign of impropriety.
- If it is insinuated that the conflicted jurist says nothing and proceeds to rule in favor of a connected party, while the loser goes off without realizing an undisclosed bias doomed his/her case. The concept that everybody should have a right to ensure that a sitting judge in their case is not conflicted is violated.
- Judges can hide their connections to litigants and their lawyers. These links can be social, by way of law school classmates or share common friends who would be political, financial or ideological. In a world which is so well networked it is unavoidable that all manner of relationships will unpredictably occur. In such instances the judge is duty and honor bound at the very least to disclose that information and if it is established it creates an actual bias – allow a different judge to take over.
- The jury system may need to be reinstated.
- There must be an independent judicial commission on a state and Federal level with specific powers where potential abuse is identified, audited and resolved.
At such levels it would be absurd to engage in retraining, admonishments, suspensions and rebukes – it is simply out of the question or equation. This is not an ethical blunder, but a group of conspirators that in treasonable manner have cocooned themselves conspicuous extravagance of law and absence of morality.
Our system of parliamentary democracy must convene and enact legislation to restore the courts battered integrity- imposing transparency on the judicial system and holding judges to account when they are engaged in unethical behavior.
The persons directly responsible for the overhaul, restoration and resuscitations of this institution cannot come out with promotional feel good blanket pronouncements expressing that reforms will take place, considering the seriousness of the allegations. They must come out with meticulously crafted solutions and upgrades that are a long term and pragmatic- not just on corruption prevention but also the morality aspect. When a judge clearly advocates judgments on the basis of religion. It is not just corruption but morality that is under siege.
This may be among the reasons that a certain Boss ku aka juara pencuriian besar can smirk, smile and cynically waltz through serious court proceedings as there are persons within the system whose loyalty he may have purchased insidiously.