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 ©Malaysiakini
(Used by permission)
by Soon Li Tsin
An independent panel is not enough, set up a royal commission
of inquiry - interest-groups had this instant reaction to the setting up of an
independent panel today.
Deputy Prime Minister Najib Abdul Razak appointed the three-member panel to
investigate the authenticity of the ‘Lingam tape’.
The panel will be led by former Chief Judge of Malaya Haidar Mohd Noor, with
National Service Council chairperson Lee Lam Thye and former Court of Appeal
Judge Mahadev Shankar as the other members.
They will look into the authenticity of the eight-minute edited video that shows
senior lawyer VK Lingam talking on the phone, apparently brokering the
appointment of judges with Chief Justice Ahmad Fairuz Sheikh Abdul Halim in
2002.
Malaysiakini sought reactions from those who have called for the matter to be
investigated in the interests of restoring judicial integrity and credibility.
S Ambiga, Bar Council president
The Malaysian Bar welcomes the swift response of the government in this initial
step of setting up a panel of inquiry. The remit of the panel to investigate the
authenticity of a video clip is necessary as an essential first step.
Ideally the Bar would have liked to have seen a royal commission of inquiry. We
will continue to call for a royal commission with wide terms of references to
include looking into the present status of the judiciary and the need for a
judicial commission for appointment and promotion of judges. The reason we would
like royal commission of inquiry is because it has wider powers to compel
evidence which this panel may not have.
Nonetheless, this first step in setting up a panel can be seen as a positive
move that the government is responsive to public opinion and we are ready to
co-operate in this move. Also, the Malaysian Bar will proceed with its plan to
submit the memorandum to the prime minister at his office tomorrow.
Malik Imtiaz Sarwar, National Human Rights Society president
We are encouraged by the move to set up a panel of inquiry but we are uncertain
as to the legal basis and powers of such a panel. If the panel is established by
the government, it may not have the requisite power to conduct a meaningful
fact-finding process.
There may be a deficiency that would undermine the objectivity of such a panel.
If this matter is to be addressed by a panel, it should be established under the
Commissions Of Enquiry Act 1950 which will give legal powers to a panel or
commission to do all that is necessary.
I don’t agree with the government’s refusal to set up a royal commission because
the matter of the video goes to the heart of the judiciary and the
administration of justice. The only way that confidence can be restored is
through a meaningful and transparent process because, at the end of the day, we
are not dealing with only justice, but also with the (public) perception of
justice.
Now that the government has recognised the need for an inquiry into this matter,
it is only appropriate that the Chief Justice distances himself from the matter
by taking a leave of absence pending investigation.
As long as there are concerns and the video has yet to be proven to be fake,
there is still a possibility in the public’s mind that the senior judge is the
CJ especially with the step he has taken in issuing his denial. He is still
responsible for preventing the continuing erosion of confidence.
Dr Wan Azizah Wan Ismail, PKR president
We cannot expect a panel appointed by the cabinet to do a proper, free and
independent investigation into the video implicating Tun Ahmad Fairuz. How can a
video that implicates members of the cabinet be investigated by a panel
appointed by and reporting to the cabinet?
A cabinet-appointed panel with no actual legal power to carry out investigations
lacks the ability to properly investigate the scandals exposed by the video or
the video itself.
Only a royal commission appointed by the King under the Commissions of Enquiry
Act and reporting directly to His Majesty will have the power to summon
witnesses, compel attendance and provide immunity to witnesses for an effective
investigation.
This is the only way we can expect an investigation to be done effectively,
independently, and without fear or favour. Nothing less will do, given the
gravity of this video and how deeply the scandalous implications run.
A royal commission was appropriately appointed to investigate the 'nude-squat'
scandal that cast aspersions on the police force. Surely the same must be done
to investigate a scandal that rocks the Malaysian judiciary to its very core.
A cabinet-appointed panel with no legal authority is a painfully inadequate
response to the rot this video reveals; a royal commission is what is required
and it must be set up immediately. Lim Kit Siang, parliamentary opposition leader
Disbelief, shock and outrage – these three feelings sum up the general reaction
to news of the announcement by Deputy Prime Minister Najib Razak.
The three-man independent panel into the authenticity of the Lingam tape is
unsatisfactory and unacceptable as it falls far short of what should be done – a
royal commission of inquiry into the Lingam tape and the alleged perversion of
the course of justice and the compromising of judicial independence, integrity,
impartiality and integrity.
The establishment of a royal commission of inquiry to conduct a full and
comprehensive investigation is particularly urgent and imperative to restore
public confidence in the system of justice as up to now, Ahmad Fairuz has been
conspicuously silent in failing to personally issue a statement on the Lingam
tape – five days after its expose by Anwar Ibrahim.
The denial which the Minister in the Prime Minister’s Department Nazri Aziz had
made on Ahmad Fairuz’ behalf is just not good enough, with zero credibility.
In restricting the panel to the question of the authenticity of the Lingam tape
instead of allowing full investigations into all aspects of the allegations of
perversion of the course of justice and the compromising of judicial
independence, impartiality and integrity raised by the video clip, the
government is avoiding the imperative issue of the long-standing rot in the
judiciary and the urgent need to restore national and international confidence
in the system of justice with a truly independent judiciary and a just rule of
law.
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I am wondering where the power of the independent tribunal comes from. This panel is suppose to determined the authenticity of the recording. will they be looking in to the facts surrounding the recording or just to examined the scientific elements of the recording?
What is their scope of power? Which limb of government is at play here executive or judiciary? I thought the only the judicial arm of government can make judicial pronouncement. There may be senior respectable members being appointed, but that does not make it legitimate.
Vicknaraj Thanarajah