KUALA LUMPUR: Attempts by politicians to interfere with the judiciary can be ignored with no impact on judicial independence, says former chief justice Tun Tengku Maimun Tuan Mat.
"But then again, it all depends on the judges," she said at a dialogue session titled "The Sanctity of Malaysia’s Federal Constitution: Threats, Solutions and Impact on National Governance" here on Tuesday (Aug 19).
“There may be interference left, right, centre, but if you ignore (it), nothing will happen and the judiciary will remain intact and judicial independence will be upheld,” she added.
Asked about threats to the judiciary during the question-and-answer session later, she replied, to applause and laughter: “I'm sorry… but I would think that the biggest threat... would be the politicians.
“Perhaps I shouldn't elaborate."
Tengku Maimun said that during her tenure as a judge in the High Court, Court of Appeal and Federal Court, she had never encountered any political interference.
However, she acknowledged that “there was a... semblance and attempted interference” towards the end of her tenure as the country’s top judge.
During her speech earlier, Tengku Maimun highlighted the crucial balance between judicial independence and collegiality within Malaysia's legal framework.
She said these principles were important to maintain a fair and effective judiciary.
Tengku Maimun explained that internal judicial independence is essential for judges to make decisions independently, free from undue influence by other judges, regardless of their rank.
"Internal judicial independence refers to a judge's freedom to decide cases independently by applying one's... mind free from undue influence or control of other judges, particularly higher ranking or senior judges," she said.
Tengku Maimun noted that collegiality plays a central role in appellate courts, where panels of judges deliberate on cases.
This process ensures that diverse perspectives are considered, particularly when reviewing lower court judgments.
"Collegiality and conferral among judicial panel members is a central (part) of the law and accountability as it ensures that every possible aspect of the case is considered," she said.
Tengku Maimun clarified that judicial deliberations, which may involve disagreements and persuasive discussions, should not be confused with internal judicial interference.
"What then happens is the judge who cannot agree is encouraged to write a fiscal judgment... if a judge disagrees with the outcome of (an) appeal, then he or she delivers a dissenting judgment or a separate judgment if he or she agrees with the outcome," she said.
Also on the panel were Allianz Malaysia Bhd director Tan Sri Zainun Ali, Allianz Centre for Governance (ACG) director Zaharom Nain, ACG deputy director and principal research fellow Dr Syarifah Munirah Alatas, and National Human Rights Society (Hakam) past president Abdul Rashid Ismail.
Tengku Maimun retired as chief justice on July 2 after being appointed to the position on May 2, 2019.
