 Keynote speaker: Bar Council chairman Ambiga Sreenevasan ushering Abdullah into the hall in Kuala Lumpur on Thursday. ©The
Star (Used by permission)
• Abdullah pays tribute to Salleh and Supreme Court judges
sacked in 1988
• It’s a moral victory, says former Lord President
• Restoring our faith in judges
• Events that led to judicial crisis of ’88
• Lawyers laud panel to appoint judges
• Pakatan Rakyat applauds moves for judicial reforms
KUALA LUMPUR: A Judicial Appointments Commission to help the
Prime Minister choose judges is to be set up as part of reforms announced last
night by Datuk Seri Abdullah Ahmad Badawi to renew the people’s trust in the
judiciary.
Addressing the Malaysian Bar Council dinner here last night, Abdullah said the
Government proposed the change to make the process of nominating, appointing and
promoting judges more transparent and representative.
The Prime Minister, as expected, also addressed the sacking of six Supreme Court
judges in 1988, saying “the legacy of 1988 haunts us until today”.
“For many, the events of 1988 were an upheaval of the nation’s judicial system.
Rightly or wrongly, many disputed both the legality and morality of the related
proceedings.
“For me, personally, I feel it was a time of crisis from which the nation never
fully recovered,” he said.
The dinner was also attended by former Lord President Tun Salleh Abas, Tan Sri
Azmi Kamaruddin and Datuk George Seah. They were among six judges who were
sacked in 1988.
The other announcements by Abdullah were:
> Goodwill ex-gratia payment to the six outstanding judges as recognition of
their contributions;
> A review of the judiciary’s terms of service and remuneration to ensure that
the Bench can attract and retain the very best of the nation’s talent;
Abdullah said there would be more reforms to come to strengthen the capacity and
credibility of the judiciary.
Abdullah pays tribute to Salleh and Supreme Court judges
sacked in 1988
KUALA LUMPUR: It was a dinner for lawyers and friends graced by former judges
and the guest of honour was the Prime Minister, but it turned out to be much
more than a gathering for a meal.
The Malaysian Bar Council dinner saw the closure of a very painful chapter in
the history of the country’s judiciary and, hopefully, the start of a new one to
renew the public’s trust in the courts.
Datuk Seri Abdullah Ahmad Badawi announced several measures to reform the
judiciary but to many in attendance, what was more important was when he paid
tribute to six Supreme Court judges who were sacked in 1988, which he described
as a legacy that still haunts the nation.
Turning to former Lord President Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Datuk
George Seah, and the families of the late Tan Sri Wan Suleiman Pawan Teh and Tan
Sri Eusoffe Abdoolcader, the Prime Minister said the Government wanted to
recognise “their commitment towards upholding justice and to acknowledge the
pain and loss they have endured”.
The fourth surviving judge, Tan Sri Wan Hamzah Mohamed Salleh, could not attend
the dinner.
Jubilant mood: Salleh being greeted by Chief Justice Datuk Abdul Hamid Mohamad
at the Bar dinner in Kuala Lumpur.
The late Wan Suleiman was represented by his wife Puan Sri Siti Nurhayati and
son Wan Noor Azli, and Eusoffe by his granddaughter Brenda Lim and her husband.
Stopping short of an apology as suggested by his de facto Law Minister Datuk
Zaid Ibrahim a few weeks ago, Abdullah said: “For me and for many other
Malaysians, these towering judicial personalities represent a very different era
for the nation’s judiciary. Many felt that the judiciary then was a venerable
institution which could be trusted to deliver justice.
“Some even hailed Malaysia’s judiciary as a model for other countries –
independent and credible.
“This level of trust and respect for the judiciary, we must all admit, is simply
not as strong as it was before.”  Jubilant mood: Salleh being greeted by Chief Justice Datuk Abdul Hamid Mohamad at the Bar dinner in Kuala Lumpur. Abdullah also announced goodwill ex-gratia payments to the six sacked judges and
their surviving families as recognition of their contribution but quickly added:
“I do not presume to equate your contributions, pain and loss with mere
currency, but I hope that you could accept this as a heartfelt and sincere
gesture to mend what has been.”
He also addressed the need to renew the public’s trust in the nation’s judiciary
and “to ensure that justice is consistently delivered”.
Abdullah urged the judiciary, lawyers and the nation to move on, as it was not
“wise or helpful to revisit past decisions as it would only serve to prolong the
sense of crisis – something our nation can do without”.
At the end of his speech entitled “Delivering Justice, Renewing Trust”, Abdullah
was given a standing ovation. Salleh was among the first to get off his seat and
warmly shake the Prime Minister’s hand as he got down from the stage.
In Abdullah's words – the time has come to write a proud and new chapter.
It’s a moral victory, says former Lord President
KUALA LUMPUR: Former Lord President Tun Salleh Abas said God had answered his
prayers and given him a moral victory which translates to a legal victory.
“I’ve suffered so much in the last 20 years, so much so I ran away from the
public. I found solace in farming. I talked to monkeys, birds and wild boars. I
asked them not to disturb my plants,” he said.
Salleh said he was confident that the reforms would go some way towards
rebuilding and restoring confidence in the judiciary.
“The judiciary, since I left, is not the same,” he said.
Asked whether he was dissatisfied that no apology had been tendered, Salleh
said: “I am satisfied for the time being. The Government has recognised and
acknowledged the wrong done to me and the other judges.”
He however regretted that late Supreme Court judge Tan Sri Eusoffe Abdoolcader
was no longer around to hear the “good news”.
The widow of Tan Sri Wan Suleiman Pawan Teh wants the Government to review the
1988 judicial crisis and clear the late Supreme Court judge’s name.
“My husband cannot be valued with money,” said Puan Sri Siti Nurhayati Mohd Daud.
Eusoffe's granddaughter Brenda Lim said: “I’m glad he’s being recognised but it
shouldn’t have taken so long. It has been 20 years, people have long forgotten
who he was. Nevertheless, I’m very glad and proud of him.”
Tan Sri Azmi Kamaruddin said he would “die a very happy man”.
“I’m happy not for me but for the people of Malaysia. I thought nobody cared. I
feel my sacrifice had been worthwhile.”
He added that former prime minister Tun Dr Mahathir Mohamad should apologise for
the 1988 judicial crisis.
“Why should the present government apologise for what it has not done? Tun
Mahathir should apologise if he is a gentleman. Not to me, but to the country.
“We are working for the rakyat. I did what I did in 1988 for the people
of the country.”
Datuk George Seah’s son, Basil, said: “We want a simple apology. The goodwill
payment ... how do you gauge and measure how much to compensate? An apology
would have been good.
“Tonight is a step in the right direction. It is better late than never,” he
said.
Restoring our faith in judges
KUALA LUMPUR: Malaysians should never again see judges punished and thrown into
ignominy and shamed for doing their job, de facto Law Minister Datuk Zaid
Ibrahim said Thursday night.
He said that amends would be made to Tun Salleh Abas.
“We have to rebuild trust in the integrity and competency of the judiciary; we
must have a backbone of men and women who are respected and capable to rebuild
confidence in the legal system.
“At the same time we need to remind ourselves that justice is not a cloistered
virtue. It must be allowed to suffer the scrutiny of reasonable men.
“It follows that judges too must be prepared to be judged and to be subjects of
scrutiny.
“If we can do this, the pain and sufferings of Salleh Abas, Wan Suleiman Pawan
Teh, George Seah, Eusoffe Abdoolcader, Wan Hamzah Mohd Salleh and Mohd Azmi
Kamaruddin will not have been in vain,” he said.
Later, when asked to comment on the ex-gratia payments to be made to the judges
involved in the 1988 judicial crisis, Zaid said he was very happy.
“Tun Salleh had told me when he heard the PM’s announcement tonight that he was
not expecting this,” he said.
On the proposed Judicial Appointment Commission, Zaid said: “I am very happy
that the PM has tried to reform the judiciary but all stakeholders need to work
hard for this to succeed.”
Meanwhile, MCA Youth chief Datuk Liow Tiong Lai said he welcomed the
announcements.
“When MCA Youth met the Prime Minister before the elections, we proposed reforms
to the judiciary.
“We are very happy that things are moving. This PM has made it happen,” he
added.
Liow, who was representing party president Datuk Seri Ong Ka Ting, said the
judiciary played “a very crucial part in Malaysian democracy as it safeguards
the Constitution”.
“We want the judiciary to be strong so that it can defend the Constitution and
protect the rights of the rakyat,” he added.
Chief Justice Datuk Abdul Hamid Mohamad lauded the move by the Prime Minister to
acknowledge the doctrine of separation of powers.
“What more do I want?” he said.
However, he declined to comment on the proposal to set up a Judicial Appointment
Commission.
Attorney-General Tan Sri Abdul Gani Patail merely said with a smile: “Tonight is
the Prime Minister’s night. I don’t think I need to comment.”
Events that led to judicial crisis of ’88
KUALA LUMPUR: The judicial crisis was sparked off in 1988 when the then Prime
Minister Datuk Seri Dr Mahathir Mohamad tabled a Bill in Parliament to amend
Articles 121 and 145 of the Federal Constitution.
The Bill sought to divest the courts of the “judicial power of the Federation”,
giving them only such powers as Parliament granted them. The Attorney-General
was also empowered to determine venues for cases.
Tun Salleh Abas, who was the Lord President then, made a statement defending the
judiciary’s autonomy.
He also convened a meeting of 20 Supreme Court judges in Kuala Lumpur and a
decision was made to address a confidential letter to the Yang di Pertuan Agong
and various state rulers.
The letter read: “All of us are disappointed with the various comments and
accusations made by the honourable prime minister against the judiciary, not
only outside but within the Parliament.”
Two months later, Salleh was suspended and High Court of Malaya Chief Justice
Tan Sri Abdul Hamid Omar was appointed acting Lord President.
Salleh was brought before a tribunal for misconduct. In response, he filed a
suit in the High Court challenging the constitutionality of the tribunal.
Five judges of the Supreme Court convened and granted Salleh an interlocutory
(interim) order against the tribunal. This order was later set aside and in
August 1988, Salleh was officially removed from the post of Lord President.
The five Supreme Court judges who granted Salleh the interlocutory order – Tan
Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed
Salleh, Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah – were suspended.
In October, Wan Sulaiman and Seah were sacked while the other three judges were
reinstated.
In August 2006, the Bar Council called for a review of the sacking of Salleh,
Seah and Wan Sulaiman.
In March this year, newly-appointed de facto Law Minister Datuk Zaid Ibrahim
said the Federal Government must make an open apology to those victimised by the
judicial crisis in 1988 that had led to the sacking of Salleh.
Lawyers laud panel to appoint judges
KUALA LUMPUR: Bar Council chairman Ambiga Sreenevasan has welcomed the
announcement of the Judicial Appointments Commission.
“I'm very delighted with the announcement, we don't have to be afraid. It's a
good thing. Everyone concerned should be addressed and the judiciary should be
consulted.
“I am sure everyone can cooperate to come up with a model that is effective to
all.”
She said the Bar Council has submitted a proposal for four office holders –
Chief Justice, Court of Appeal President, Chief Judge of Malaya and Chief Judge
of Sabah and Sarawak – to sit on the commission. She also suggested that the
Malaysian Bar president, and the president of the Sabah and Sarawak Bar
Associations, as well as other nominees from the Bar to be included.
“We've given the model which will work. It should work. We just need to get it
right,” she said.
She added that Prime Minister Datuk Seri Abdullah Ahmad Badawi's announcement of
a review of the remuneration for judges was timely.
On the ex-gratia payment to the judges, she said it was due recognition of what
happened in 1988.
“What we wanted was a recognition that something wrong took place in 1988 and it
happened tonight.
“The issue of apology is always up to the judges (who were sacked),” she added.
Earlier, Ambiga said that Abdullah had, in his tenure since 2004, created more
democratic space and encouraged dialogue and differences of opinion.
“It is only in such an environment that a nation can come of age and grow in
strength,” she said in her speech.Ambiga also applauded Abdullah and his
administration for being responsive to the views of the people and demonstrating
the resolve, courage, and vision to bring in the much-needed reform in the
administration of justice.
At the same time, Ambiga applauded the five judges who were removed in the 1988
judicial crisis, citing them as heroes.
“To the Bar, these judges (who had been removed) are heroes in the battle to
uphold the dignity, integrity and independence of the judiciary, heroes who paid
a heavy price,” she said.
“But there ought never to have been a battle as we had a judiciary that was
painstakingly nurtured and developed by all those who came before. These judges
lived up to the challenge,” she said to thunderous cheer from the crowd.
Ambiga also called on the Prime Minister to relook the decision made in respect
to ISA detainees.
She said the Bar hoped Abdullah would be open to discuss the issue with them.
Pakatan Rakyat applauds moves for judicial reforms
PAKATAN Rakyat leaders were of one voice in welcoming Prime Minister Datuk Seri
Abdullah Ahmad Badawi’s moves for judicial reforms but agreed that it was but a
first step in the restoration of the judiciary’s independence. Much more needs
to be done, they said.
Opposition Leader Datin Seri Dr Wan Azizah Wan Ismail said the Opposition had
long debated the setting up of the Judicial Commission.
“Alhamdullilah (Thank God), it has materialised, but it should have been made so
much earlier,” she said.
“The Government can apologise (to the six judges) but it is up to them whether
to accept the apology (for the sacking).”
Dr Wan Azizah felt that whatever Abdullah’s motives were for pushing for
judicial reforms, it was a good start.
PAS secretary-general Datuk Kamaruddin Jaafar lauded the Government’s first
step, saying that it “sounded good”.
However, he wanted more detailed descriptions of the proposed changes.
“We want to make sure that there are adequate safeguards, so that corruption and
abuses, and misconduct of the whole judiciary can be really checked,” he said.
“We also want to look forward to an efficient judiciary and hope the Prime
Minister will work towards a genuine separation of powers between the executive
and the judiciary.”
DAP adviser Lim Kit Siang welcomed the long overdue judicial reforms, in
particular the ex-gratia payments to the six wronged judges in the 1988 judicial
crisis.
“However, I think it is inadequate because I think the victims are not only the
six but the entire nation,” he said, adding that the Malaysian judicial system
“made us the laughing stock of the world”.
Lim felt that compensation should not stop at ex-gratia payments but full
restoration of their entitlement.
PKR vice-president Sivarasa Rasiah said that the party was happy that the Prime
Minister had taken the position that it had been advocating for years.
“But, ultimately, the effectiveness of any judicial commission will only be seen
in its implementation – i.e. its composition and transparency,” he said.
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