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By R. Suranthira Kumar

PETALING JAYA : “It’s for the truth..the whole plain truth to come out - that is the main reason the case should be reviewed,” said Bar Council vice-chairman Ambiga Sreenevasan in response to Minister in the Prime Minister’s Department Datuk Seri Mohamad Nazri Abdul Aziz’s demand for one good reason to review the 1988 judicial sackings.

She said it has been 18 years since “the executive made the assault on the judiciary and the wait should not be prolonged to correct the wrong”.

She suggested that a Royal Commission be set up to review the sacking of former lord president Tun Mohamad Salleh Abas and Supreme Court judges Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh.

“Unless this is done, the public will always have a perception that the executive controls the judiciary and the 1988 judicial sackings by the tribunal were biased,” said Ambiga.

She said the judiciary is still suffering as a result of the 1988 episode, which was sparked by Salleh’s defence of the judiciary against criticisms from then prime minister Tun Dr Mahathir Mohamad, to an executive decision and unless efforts are undertaken to restore judiciary independence, public confidence cannot be regained.

By having a review, Salleh would have an opportunity to explain because he was not heard in 1988 after he had challenged the composition of the seven-man tribunal, who were junior to him.

Salleh, 77, who himself broke an 18-year silence on his dismissal, had supported the call by Bar Council chairman Yeo Yang Poh for a review of the crisis which led to the dismissal of the three judges. Salleh had also called for the provisions of the Constitution pertaining to the judiciary, which were amended following the 1988 crisis, to be re-amended so its powers were not shackled.

On Mohamad Nazri’s comment that of the case is reviewed it would open the floodgates, Ambiga said this was not a simple case of an investigation on a judge but an assault on the judiciary.

She said it was a matter of justice being served, which would subsequently strengthen the judiciary.

“What harm can it do? It can, in fact, clear the public perception that there were other reasons for the sackings,” said Ambiga.

She said Nazri should look at it in an objective manner with the aim to clear the air over the issue.

The Bar Council can put forward the facts to back its call for the case to be reviewed, if Nazri needs to be convinced to do so.

Meanwhile, Parliamentary Opposition Leader Lim Kit Siang said the loss of confidence in the judiciary following the crisis was the main reason the case should be reviewed.

“It was the root cause for the institution of the judiciary plummeting to its lowest ebb and a review is imminent for it to stand on its feet again,” he said.

He said re-opening the case should not be seen as a move to look for scapegoats, but one in the interest of the public and the nation.

“We must be prepared to admit mistakes, if they are made, and take steps to rectify them before moving on to a new chapter,” said Lim who is also the DAP adviser.

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