Thursday, March 05, 2026

Deep corruption within the Malaysian judicial system



Murray Hunter


Deep corruption within the Malaysian judicial system

And it’s not coming from where you think


Mar 03, 2026






Most people are aware of the two-tier nature of Malaysia’s judiciary where a poor and destitute person gets a severe sentence and serves jail time, while a member of the Malay-polity gets a DNAA. There have long been suspicions that the attorney general, through its public prosecutor function can manipulate court cases. A deliberately poor prosecution performance can lead to a case being lost or dismissed.

That is why there is a proposed constitutional change separating the attorney general and public prosecutor offices, so that political interference in the judicial system can be minimized.

However, the deep corruption within the judicial system comes from the lawyers working within the court system themselves. There are just too many times people have told me that they feel their lawyers have not been acting in their best interests. Some go further and allege that their lawyer has been paid off by the other side to throw the case.

The real trap are Strategic Lawsuits Against Public Participation*, known as SLAPP cases where the claimant has massive financial resources and the defendant has a low or even no income. In most cases what is claimed is frivolous, just aimed to hurt the defendant. The claimant’s lawyers can pay the defendant’s lawyers many times the fees they receive from their clients to throw the case. This is a major issue that needs some study.

The legal profession in Malaysia is very small. Therefore, most lawyers and judicial officers usually know each other well in the communities of Shah Alam, Kuantan, Kangar, and Melaka court precincts, etc. Some of these relationships become corrupted when technicalities are intentionally ignored decisions are made that can be left open to question.

Unfortunately, such murky and compromising relationships are distorting the legal system.

It is this dynamic that gives the elite control over the judicial system.

People are getting civil judgements made against them without any knowledge that proceedings have been initiated against them. There is great risk that this practice of trialing people in absentia without their knowledge is turning parts of the judicial system into “Star chambers”. Its these murky relationships that I mentioned above that is making these things happen.

These practices are turning the Malaysian judicial system into one you would expect to find in some banana republic. It slurs the whole judicial system and brings up a question as to whether people can obtain fair trials at all. Remember there are no jury provisions in Malaysia. The elite have never trusted the Rakyat’s participation within the judicial system.

Malaysia is embracing a SLAPP culture, which are great for the incomes of lawyers but hurt the victims financially, psychologically, and health wise. Often, they destroy people’s careers while many lawyers are becoming superrich.

The Malaysian Bar Council, Lawyers for Liberty and other legal orientated NGOs in Malaysia are ignoring these issues.

Its necessary to introduce strict ethical codes for lawyers and there must be specific training for members of the judiciary on what is a SLAPP action and the consequences they cause victims. The parliament must consider legislation to prevent SLAPP actions being initiated in the Malaysian Judiciary. There are too many victims today from such actions. The international reputation of Malaysia’s is at stake. Malaysia will never be allowed to become a member of the OECD without these reforms.

*Strategic Lawsuit Against Public Participation (SLAPP suit) refers to lawsuits brought by individuals and entities to dissuade their critics from continuing to produce negative publicity.

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