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Lawyers' march unbecoming, says Nazri

Thursday, 27 September 2007 06:18am

Datuk Seri Nazri Aziz ©New Straits Times (Used by permission)

• ACA to record lawyer's statement over video clip
• ‘Panel needs outside help in probe’

PUTRAJAYA: Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said the lawyers' march was "unbecoming" given that the authenticity of the videotape recording had yet to be determined.

He also shot down the Bar Council's memorandum to the prime minister asking that a permanent judicial commission be in charge of judicial appointments.

"There's no need for such a judicial commission as there is no crisis in our judiciary," said Nazri.

"No crisis, no problems. I don't see any scandal.

"This are all efforts by the opposition to create distrust and erode public confidence in the judiciary.

"They wish that we can be like Pakistan, but it isn't." (He was referring to street protests by lawyers there over the sacking of the country's top judge.)

Nazri was speaking after attending a breaking of fast for staff of the legal affairs division in the Prime Minister's Department.

On the regulation of judges' conduct, Nazri said judges had their own peer system by which they regulated each other.

He said parliament was not the place to question or debate the conduct of judges as this would violate the independence of the judiciary.

Lawyers march for justice

ACA to record lawyer's statement over video clip

PUTRAJAYA: The Anti-Corruption Agency is looking for lawyer Datuk V. K. Lingam to assist in its investigation to determine the authenticity of a video clip of him purportedly in conversation with a top judge.

The lawyer has been abroad for the past month and messages have been left at his firm and home asking him to get in touch with ACA officers upon his return.

He is said to have gone on a business trip to the United States and Papua New Guinea with a tycoon.

Attorney-General Tan Sri Abdul Gani Patail said he has directed the ACA to record a statement from the lawyer to verify the authenticity of the video clip.

“We want to know what he has to say about the video clip before proceeding further.”

Gani said he met with the ACA deputy director-general yesterday at his office and had directed the agency on how to handle the matter.

The ACA should start its probe soon since the matter was urgent and of public importance.

“I want them to get in touch with the lawyer when he reaches home and to record his statement.”

The Anti-Corruption Act empowers the attorney-general to direct the agency to investigate on non-corruption matters like those provided in the Penal Code .

Last Thursday, two former United Nations appointees had lodged a report with the ACA against a judge over allegations of impropriety in the judiciary contained in an ano-nymous letter and the tape.

The authorities are also seeking public co-operation to provide them with the original recording of the tape.

On Sept 19, former deputy prime minister Datuk Seri Anwar Ibrahim released an eight-minute video clip of the lawyer in a discussion with a top judge over judicial appointments.

On Tuesday, Deputy Prime Minister Datuk Seri Najib Razak announced the appointment of a three-man independent panel to probe the authenticity of the video clip.

Meanwhile, over 2,000 members of the Bar Council and representatives of non-governmental organisations marched towards the Prime Minister's Department here, demanding the setting up of a permanent independent judicial commission to appoint and elevate judges.

Led by council president Ambiga Sreenevasan, the lawyers also demanded the government form a royal commission to investigate the video clip.

The lawyers, some with badges and caps bearing the slogan “walk for justice", began their 2.5km march from the Palace of Justice about noon, holding banners and placards.

Chants of “We want justice” interspersed the otherwise peaceful and quiet walk amid heavy deployment of light-strike force and police personnel.

They stopped at Dataran Putra before Ambiga, council vice-president Ragunath Kesavan and several office-bearers continued their walk towards the prime minister's office to hand over the memorandum to the prime minister's political secretary (internal security) Datuk Wan Ahmad Farid Wan Salleh.

Earlier, Ambiga told those present that the council supported the government's move to set up the panel quickly.

Later, after handing over the memorandum, she said there was a need for a judicial commission so that the independence, integrity and credibility of the judiciary would be beyond reproach.

“It is timely that the demand of the public for a transparent system for the appointment of judges be met. Such a system can enhance the independence and credibility of this critical institution.”

‘Panel needs outside help in probe’

KUALA LUMPUR: The three-member panel investigating a video clip featuring a well-known law-yer may need help from third parties.

Panel chairman Tan Sri Haidar Mohamed Noor said the authenticity of the clip, showing a senior lawyer allegedly brokering judicial appointments with a senior judge, may not be confirmed without outside assistance.

“The panel's job is to determine whether the clip is authentic or not.

“Being laymen, we will need people to come forward and assist us on this point,” he told the New Straits Times.

When asked whether outside help would come in the form of technical experts or those familiar with video production, Haidar did not discount the possibility.

“I don't wish to go into such details because I have to discuss them with the rest of the panel.

“When we do meet, it will be an informal discussion at first.

“We will have a better idea of our tasks when we meet with the deputy prime minister.”

Haidar, a former chief judge of Malaya, added: “We are waiting for the deputy prime minister's office to inform us on when he will be free to meet.”

On Tuesday, Datuk Seri Najib Razak announced the setting up of a three-member independent panel to probe the authenticity of a video clip showing what is alleged to be prominent lawyer Datuk V. K. Lingam discussing the elevation of a senior judge.

Najib said the panel would report to the government and make its findings public.

Other than Haidar, the panel comprises National Service Training Council chairman Tan Sri Lee Lam Thye and former Court of Appeal judge Datuk Mahadev Shankar.

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Minister doesn't understand separation of powers
written by Jaspal Singh Gill, Thursday, September 27 2007 08:18 am

"There's no need for such a judicial commission as there is no crisis in our judiciary," said Nazri.

"No crisis, no problems. I don't see any scandal."

Mr Minister, now I understand why you couldn't understand the doctrine of separation of powers which all of us learnt at law school.

Jaspal Singh Gill

keep talking, Datuk Seri Nazri, keep talking
written by Alex Tan Ken Seng, Thursday, September 27 2007 10:33 am

Keep talking, dear minister, so we rakyat can have clear direct evidence of your stupidity.

You're unlike our PM, who at least is smart enough to delegate the dirty work, to his deputy Najib, for example.

Alex Tan Ken Seng

Correct, Correct, Corrupted Mind...
written by Dara Waheda Mohd Rufin, Thursday, September 27 2007 11:53 am

STPM Pengajian Am taught some of us that Separation of Powers that we have in Malaysia isn't actually the same like separation of powers in other countries..weird...but if I'm not mistaken and if I can recall correctly the intention of the Fed Const drafters were to put the Prime Minister in the middle of the Executive, Judiciary and Legislative's Circle to have the bodies inter-connected to each other to check and balance to prevent abuse of power...but people, it says PRIME MINISTER and not some other de facto law minister or any other people...

and it is weird that Nazri took the role of our PM to shoot down our Memorandums before it even reaches PM's hand. Now, judges report to Nazri and PM PRIME MINISTER listens to Nazri...weird system... :rolling eyes:

Dara Waheda Mohd Rufin

Is the Minister backtracking?
written by Andrew Khoo Chin Hock, Thursday, September 27 2007 12:02 pm

I recall in a dialogue that the Bar had with the Honourable Minister, which I attended, the Honourable Minister said that on the question of an independent judicial commission, the Bar had to convince the CJ. The Honourable Minister himself said that he was OK with the idea of an independent judicial commission, but that the Bar had to convince the CJ that it was a good idea. Now it appears as though the Honourable Minister is backtracking.

Andrew Khoo Chin Hock

Stupid..
written by Edward Saw Keat Leong, Thursday, September 27 2007 03:44 pm

Stupid, Stupid, Stupid !!!! (Back at you Mr. Minister)

Edward Saw Keat Leong

Violating independence of the judiciary?
written by Shim Wai Loon, Thursday, September 27 2007 04:26 pm

Whether there is a crisis in the judiciary depends on how the public feel and how much confidence the public has in them, it is certainly not up to anyone to SAY there is or is no crisis.

If the Parliament is the not the right place to discuss on misconduct of judges, then where else? Of course the minister might hope that anything concerns judges should be referred to him since he is THE minister. To hear him saying violation of judiciary independence hurts my ears, imagine a crook goes around & tell people "Don't be a crook!"

By the way, may I suggest to stop displaying his pictures at here? We don't want any eyesore to hurt our eyes.

Shim Wai Loon

Unbecoming?
written by Ding Chu Teck, Thursday, September 27 2007 04:39 pm

What is more 'unbecoming' are the words of the Minister!

Is that the way our minister face problems?

Ding Chu Teck

Unable to handle such issues
written by Lim Yeeu Ren, Thursday, September 27 2007 06:09 pm

Merely consoling himself for his failure to handle such issues! Bah!!!!!!!!! Makes me sick!

Lim Yeeu Ren

Better to keep quiet
written by Pek Chin Choo, Thursday, September 27 2007 07:46 pm

It is better to keep quiet and let people think that you are a dumb rather than to let people to confirm so

Pek Chin Choo

Living in Denial
written by Ivy Quek Jin Tan, Thursday, September 27 2007 09:45 pm

What a convenient way to deal with things - seems like our Minister is so simple minded to think that his "assurances" and "denials" are gonna downplay the entire scandal.

Come on my dear Minister (I'm sorry but I'm so ashamed to even refer you as my country's Minister though for now, this is a sad fact that i am compelled to acknowledge ) - who are we kidding, really? No crisis, ..no problems? Please do not treat us like ignorant morons. We, the Malaysian Bar clearly knows what's becoming and what's not. You can continue to be in "denial" and appease us with your foolish comments...but we will do what is right and see that justice is done at the end of the day.

Ivy Quek Jin Tan

RESIGN!
written by Kelvin Ng Sin Huat, Thursday, September 27 2007 10:08 pm

I refer to the contribution by Mr Lim Chee Wee entitled "The great and mighty spirit of the Malaysian Bar" of even date and I quote:-

"From the day the Bar Council decided to organise the Walk for Justice, we were in constant contact with the press secretary of the Deputy Prime Minister who chaired yesterday's Cabinet meeting and we informed him that the walk would be peaceful and that we intended to submit the 2 memorandums on the Royal Commission and the Judicial Appointment Commission. We were told that the DPM is sympathetic to our concern, did not object to the walk and would organise a representative to accept the memorandums on behalf of the Prime Minister."

If the DPM did not object to our walk, why is Nazri objecting? Perhaps, Nazri now believes that he is also the Minister of the DPM! It is unbecoming for Nazri to object to and oppose the cause when the DPM has no objection to the same. I thought he couldn't comprehend the concept of Separation of Powers but now he appears to have difficulty understanding the notion of collective responsibility of the cabinet. He is acting like an opposition member (although I think that would be an unfair statement to the opposition members/parties).

We have been told that there are two camps in the judiciary but now it appears that even in the cabinet, there are different camps. The DPM being sympathetic to our cause and the de facto Minister of Law commented that our Walk was "unbecoming". The office of DPM organised a representative to collect the Memorandums on behalf of the PM and the de facto Law Minister "shot down the Bar Council's Memorandum". I call on the office of the DPM to issue a statement to clarify the inconsistencies displayed by the de facto law Minister and as to why the De facto Minister seems to act like an "Opposition Member"! If the de facto law minister cannot toe the line with his colleagues or his superior in the Cabinet, then the Honorable Minster should do the honorable thing - RESIGN!

Secondly, can the de facto law Minister shoot down the Memorandums when the Memorandums were presented to his Boss? His Boss, the PM not CJ ya, has not even read the Memorandums and he has the audacity to shoot it down! The de facto law Minister shot down the Memorandums even before he has the opportunity to read the contents unless he has read it even before the PM does. Wouldn't that be considered a misconduct? I think that the de facto law Minister now owes the PM, DPM and us an explanation unless the de factor law Minister now feels he is also the Minister to the Prime Minister!!!

Thirdly, if DPM has no objection to our walk, why did the Police blocked and prevented the buses from ferrying our fellow lawyers to the POJ, why did the Police request us to stop the Walk and informed us that the appointment was cancelled and why was it necessary for the police helicopter to hover above us?

I would like to know on whose instructions the Police was acting upon. These actions by the Police would tarnished the reputation and the integrity of the DPM's office as the Bar Council was given the assurance that the DPM's does not object to our Walk. The DPM's office should and must give and issue an explanation. Is the Police ignoring the office of DPM?

Kelvin Ng Sin Huat

SALUTE TO NOBLE SPIRITS
written by Stephen Tan Ban Cheng, Friday, September 28 2007 04:19 pm

Fellow lawyers

We see the man, and we see the politician in Nazri. But where is the lawyer in him?

That should have come first and foremost.

We asked for something that is more than reasonable in the circumstances that we did not ask to find ourselves. But his reply was more political than ministerial.

I pay tribute to all those who took part in the march. From the bottom of my heart, I salute all such lawyers who have shown their nobility of spirit.

Stephen Tan Ban Cheng

Lim Kit Siang's press statement dated September 27
written by Lim Kit Siang, Friday, September 28 2007 05:45 pm

Lingam Tape - “Unbecoming, irregular, improper” characterise latest developments

“Unbecoming, irregular and improper” are three adjectives which best characterize government and Independent Panel responses in the latest developments on the Lingam Tape scandal.

It was the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz who was doubly “unbecoming” in launching a tirade against the Bar Council and Malaysian lawyers for their historic march for justice yesterday from the Palace of Justice to the Prime Minister’s Department in Putrajaya despite unwarranted police obstructions and in dismissing the Bar Council’s memorandum to the Prime Minister calling for a Judicial Appointment Commission.

Nazri had alleged that the lawyers’ march in Putrajaya yesterday was “unbecoming” while proclaiming: “There is no crisis in our judiciary. No crisis, no problems. I don’t seen any scandal.”

What makes Nazri think it is beneath the station of lawyers to be involved in a march for justice?

The 2,000 lawyers and supporters of the cause of justice have done themselves and the nation and the 50th Merdeka anniversary proud in the March for Justice in Putrajaya yesterday, in the true tradition of the great marches in the struggle of humanity for justice and freedom, like Gandhi’s Salt March in 1930 to help free India from British colonial rule and Martin Luther King’s March on Washington for Freedom in 1963 which culminated in his electrifying speech “I Have A Dream”.

Gandhi and Martin Luther King are now recognized by history and mankind for their great marches while their detractors, the Nazris of their era, have been forgotten!

It is also most unbecoming of Nazri to arrogate to himself the powers of the Prime Minister to dismiss offhand the Bar Council’s memorandum to the Prime Minister calling for a Judicial Appointments Commission or has Nazri been authorized to usurp the powers of the Prime Minister?

Nazri has also shown utter contempt for the other Cabinet Ministers who are treated as utterly irrelevant, incompetent and unfit to give any input on the Bar Council’s memorandum to the Prime Minister.

A lot of irregular things are happening in Malaysia today. It is irregular for the Deputy Prime Minister, Datuk Seri Najib Razak to announce on Tuesday before the Cabinet meeting yesterday the decision to set up a three-man Independent Panel to investigate into the authenticity of the Lingam Tape.

Such a decision should be taken by the Cabinet or has the Cabinet been reduced to just a rubber-stamp for the Prime Minister and Deputy Prime Minister despite all the talk about a functioning Cabinet where there is genuine power-sharing among the Ministers?

It is also most irregular for Tan Sri Haidar Mohamed Noor, Datuk Mahadev Shankar and Tan Sri Lee Lam Thye to meet informally yesterday in their prospective capacities as members of the three-man Independent Panel to investigate into the authenticity of the Lingam Tape when they had not received their letters of appointment and nobody, including the trio, knew about the actual terms of reference of the panel! They are expected to receive their letters of appointment and be informed of the panel’s terms of reference later today.

Haidar said yesterday that the panel would need help from third parties.

He said: “The panel’s job is to determine whether the clip is authentic or not.

“Being laymen, we will need people to come forward and assist us on this point.”

It is not a question of asking technical people to “assist” the panel but to do the entire job of the panel to determine its authenticity, which would have been the first task of a Royal Commission of Inquiry into the Lingam Tape scandal.

Is the three-man panel just going to adjourn and close shop and report accordingly to the government, ignoring all the explosive revelations about the perversion of the course of justice such as fixing of judicial appointments and manipulating court judgments?

Isn’t this reducing a very grave issue about the independence, impartiality and integrity of the judiciary into pure farce?

There is also gross impropriety – particularly with Haidar, as Chief Registrar of Supreme Court at the time who played a major role in the 1988 Judicial Crisis resulting in the arbitrary and unconstitutional sacking of Tun Salleh Abas as Lord President and Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges now heading an Independent Panel concerning the independence, impartiality and integrity of the judiciary.

It is no exaggeration to say that if Haidar in 1988 had not been a party to the “mother” of all judicial crisis in 1988, the high international reputation and esteem of the Malaysian judiciary would have probably remained intact as the arbitrary and unconstitutional sacking of Tun Salleh as Lord President and Datuk George Seah and the late Tan Sri Wan Suleiman as Supreme Court judges might have been averted and the country saved from a generation of seismic shocks caused by one judicial crisis after another.

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