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 ©Malaysiakini
(Used by permission)
by Fauwaz Abdul Aziz
Former attorney-general Abu Talib Othman should be the last person to speak
about stopping the judicial rot given his role in the 1988 judicial crisis, said
a former UN official today.
Abu Talib was among those responsible for the damage done to the institution,
stressed former UN special rapporteur on the independence of judges and lawyers
Param Cumaraswamy.
He said the damage cannot be undone by pointing the finger at Chief Justice
Ahmad Fairuz Sheikh Abdul Halim and demanding the removal of judges whose
competence are under question.
“Abu Talib can point fingers at the chief justice and others in the system, but
I think he has to look at himself as to the extent he contributed to the rot
which has set in since 1988,” he told malaysiakini during an interview in
his office in Kuala Lumpur.
“He worked hand-in-glove with then prime minister Dr Mahathir Mohamad to remove
Salleh Abas as lord president and, subsequently, partly responsible for setting
in motion the second tribunal against the other five independent (-minded)
judges who went to the rescue of Abas,” he added.
In 1988, Mahathir had Salleh tried - and subsequently dismissed - by a special
tribunal on charges of misconduct for questioning constitutional amendments that
seriously eroded the powers of the judiciary.
Five supreme court judges who had ruled that the tribunal was convened
unconstitutionally were also suspended after being found guilty of misconduct by
a second tribunal of six judges. Two were eventually sacked along with Salleh.
Abu Talib was the key prosecuting officer in the historically unprecedented move
which many alleged to have been politically-motivated and orchestrated by
Mahathir.
Abu Talib was also instrumental in drafting many controversial constitutional
amendments, including Article 121 (1A) on the separate jurisdictions of the
civil and syariah courts.
'A lot to answer for'
Param, who is also a former Malaysian Bar president, was commenting on the
statement yesterday by Abu Talib, who currently chairs the Human Rights
Commission (Suhakam), that the chief justice has adequate powers to deal with
judges who delay written judgments.
Abu Talib (left) was asked to comment on two recent cases highlighted by the
New Straits Times of death row prisoners failing to obtain a written
judgment.
“In my time, if this comes to my attention, I would take it straight to the CJ
and urge him to address the matter,” said Abu Talib of his term as AG from 1980
to 1993.
Param said he is not discounting the grave problem of judges who failed to
complete their written grounds of judgements.
This is especially so in cases that involve those who languish in jail, or on
death row, for long periods of time due to the failure of a judge to deliver a
written judgment, he said.
“Delayed written judgements are reflective of incompetent judges,” he said,
citing the 2002 Bangalore Principles of Judicial Conduct which was endorsed by
the UN in 2003. “It is also cruel, harsh and inhumane under international law."
Param said Abu Talib’s tenure and in particular the role he played as key
prosecuting officer during the judicial crisis in 1988, should be brought out to
the open and scrutinised as part of a larger review and resolution of the
problems that currently beset the judiciary, principles of democracy, and the
rule of law of law in the country.
“Abu Talib as the AG could have anticipated the consequences of the action of
the then prime minister and advised against such actions. But instead, he did
otherwise and brought down the independence of our judiciary to what it is
today.
“He has a lot to answer for, which I doubt he will, as he will say it (the
sacking) was based on the recommendations of two tribunals.
“But many of us know who were in there (on the tribunals) at the time, know how
it was set up, and how they were appointed,” said Param.
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