Video links CJ to 'appointment fixing' scandal

Please call for an EGM

Sat, 22 Sep 2007 14:13:44 +0100

“Half the time talks about judiciary…so otherwise my work would be useless…” My work is to ensure that you are the boss. Joke: A Man entered a pet shop, wanting to buy a monkey. The shop owner pointed out three identical monkeys and said, "The monkey to the left costs 500 dollars." "Why does that monkey cost so much?" the man wondered. The owner replied, "Well, it knows how to use a computer." The man asked about the next monkey on the perch. "That one costs 1,000 dollars because it can do everything the other monkey can do, plus it knows how to use the LINUX operating system." Naturally, the startled customer asked about the third monkey. "That one costs 2,000 " "And what does that one do?" the man asked. The owner replied, "To be honest, I've never seen him doing anything, but the other two call him boss!" The joke is likely an adaptation of this fiasco! We have heard of this line; In the light of promotions in Government departments: “If you do not have cables and connections, you tak dapatlah” “Half the time talks about judiciary…so otherwise my work would be useless…” So the most expensive monkey in the joke only needs to know how to pull the puppet strings of the other two monkeys. That is how to be the boss. The first two monkeys will get absolute protection – not protection for whistle blowers but protection under OSA and who decides? The boss! The line of complaint to this department, if any, is vide the first and second monkey … so the best answer to give in a fix would be … I leave it to God – and God is the boss! I have listened to the CJ “Fixing” of the Judiciary about 5 times. And I have read the many realistic and sad comments by concerned members of the Malaysian Bar. I have also read the newspaper comments by the PM and the AG. Yet, I believe the Minister, Nazri is correct: “Has an aggrieved person as known, made a formal complaint yet?” Always remember that those who are commenting in this website, me included, do not the locus standi (Lim Kit Siang v Govt of Malaysia). Just hot air only! Maybe only the Bar Council qualifies! The Bar Council was hotly going for an EGM on the ‘Common Law” issue. It eventually decided not to proceed citing that it may not be necessary as the Government does not intend to implement I am of the opinion that is wrong because there must be a resolution on record. Never mind, maybe some expenses have been saved there! Please call for an EGM to make a resolution condemning the actor who portrays himself as a member of the bar – and referred to as VK Lingam who “Half the time talks about judiciary…as otherwise his work would be useless…”to account for the breach of Section 94 inter alia ”of grave impropriety” including Section 94(o) of the Legal Profession Act 1976 During this EGM suggest add the ‘Common Law’ Agenda issue and adopt the resolution as then propounded in the Press Statement by the Ambiga Sreenevasan President, Malaysian Bar on 22 August 2007. As for call by Amer Hamzah Arshad Friday, 21 September 2007, 01:28pm, allow me to suggest that a drastic action calling for physical outburst and exposure of probable harm to members of the bar – to demonstrate – must be treaded slowly and carefully. The suggested impulse may not necessary be correct (as in the video’s many Ahs, correct, correct, correct correct, okay okay …) at this juncture. Let the executive decide on the proper course of action first. Allow resolutions are to be adopted by the Bar Council. That parchment of resolution would be what the representative of the Bar Council and members of the bar need to carry to pass over to the appropriate authorities. Lawrence Teh - Lawrence Teh

How will Islamic Law treat the perpetrators?

Fri, 21 Sep 2007 22:18:15 +0100

I wonder how Islamic Law will treat the perpetrators if the contents of the video are proven to be true. Thanks CJ for the suggestion. Vijaya Kumar Raj a/l K. Durairaj - Vijaya Kumar Raj a/l K.Duraij

Time to clean the Court

Fri, 21 Sep 2007 20:50:21 +0100

Dear Friends, the country has prided itself with new buildings like the new Court Building. However, what seems to be apparent is that new buildings may be carrying old dirt. Let's get rid of the dirt. Lawyers should not attend Court cases as a sign of protest. The Bar Council should be at the forefront of this. How about it? Vijaya Kumar Raj a/l K. Durairaj - Vijaya Kumar Raj a/l K.Duraij

How now brown cow?

Fri, 21 Sep 2007 20:47:56 +0100

1. Although We have to thank Anwar for releasing this video, I wonder why he had chosen to release it at this stage and not before. So many cases have been decided and people affected and now only he chose to release the video. How scheming. 2. Judges are our last bastion of hope in dispensing justice because justice is what the ordering of society is centered. When the judges themselves have no order, who else do we hope for. The PM seemed to be only saying I'm disappointed and nothing else. How 'encouraging'. Noreen Ahmad Ariff - Noreen Ahmad Ariff

Malaysia Boleh

Fri, 21 Sep 2007 00:35:42 +0100

There you go again. Scandal after scandal, controversies after controversies. Again the judiciary. First it was UNWRITTEN JUDGEMENTS and now THEIR APPOINTMENTS. Another scandal. Too many scandals make Malaysia a sad place to live in. Do I have faith in our institutions? Or these institutions may be bought? Damian Yeo Shen Li - Damian Yeo Shen Li

JUDICIARY's FRATERNITY SO VERY FRAGILE

Thu, 20 Sep 2007 20:42:23 +0100

Twenty years after the cruel eclipse of Tun Salleh Abas as the Lord President, Malaysia is still bogged down by the severe blow to this potentially great country, giving credence to the view then stated by former Lord President and judicial icon Tun Suffian, since departed, that it would take at least 30 years to restore the judiciary in its rightful place. Prior to that public emasculation of the Malaysian judiciary precipitated by the desperation of the powers-that-be at that time, Malaysians used to have a judiciary that was one of its crown jewels, one that was so systemically embedded to play its meaningful role of attracting direct foreign investment in the country's efforts to diversify away from its then twin economic pillars of rubber and tin. The judicial humiliation occurred on Aug 8, 1988, more than 30 years after the country attained Merdeka. It also saw the country later adopting an almost parallel system in civil law, with the sprouting of the Syariah Court system. Today, what is on the lips of most people in the legal and judicial fraternity is whether the descent of the judiciary has gone deep enough. Or, God forbid, will it evr good deeper, especially when it is clear from the tapes that the fraternity within the judiciary is ever so fragile? Stephen Tan Ban Cheng - Stephen Tan Ban Cheng

All Along The Watchtower..

Thu, 20 Sep 2007 19:44:06 +0100

As per Bob Dylan: "There must be some way out of here," said the joker to the thief, "There's too much confusion, I can't get no relief. Businessmen, they drink my wine, plowmen dig my earth, None of them along the line know what any of it is worth." "No reason to get excited," the thief, he kindly spoke, "There are many here among us who feel that life is but a joke. But you and I, we've been through that, and this is not our fate, So let us not talk falsely now, the hour is getting late." All along the watchtower, princes kept the view While all the women came and went, barefoot servants, too. Outside in the distance a wildcat did growl, Two riders were approaching, the wind began to howl. Mohd Sarisffuddin - Mohd Sarisffuddin

Our nation is bleeding

Thu, 20 Sep 2007 15:56:16 +0100

Isn't this what happens everyday in every government department, police or JPJ offices in Malaysia? Maybe this is the what the CJ truly meant by changing the common law system of the country to a system that truly reflects the "common" law of the country. It is time we lawyers who believe in the rule of law to stand up to the corruption that is rotting the very foundations of this nation. May i suggest that we send a petition to H.R.H The Yang Di Pertuan Agong to initiate formal investigations if it is possible. We should also requisition an EGM of the bar to discuss this matter urgently. I cant help but wonder if the allegations are found to be true what happens to the decisions that had been handed down in the past? What happens to the Lina Joy's case for example? This is definitely a time to cry for the nation. She is bleeding and is in critical condition. Question is what are we going to do and how are we going to do it? Visvanathan Murugiah - Visvanathan Murugiah

Who will obey the Judiciary now?

Thu, 20 Sep 2007 11:00:07 +0100

It is clear that the judiciary has now lost almost all moral authority over judicial decisions. This is what happens when our institutions become mere tools of political patronage for the power elite. For our part, we must seek out all these lawyers and expel them from our profession. Fahri Azzat - Fahri Azzat

As time goes by ...

Thu, 20 Sep 2007 10:16:21 +0100

Malaysian 'common' law? Teo Siew Chin - Teo Siew Chin

What a Joke.....

Thu, 20 Sep 2007 09:14:17 +0100

It's too funny to be true...hang on a minute.but hasn't this been happening all the time........This is not a democratic country. Where is the rule of law, and separation of powers?????? I wonder whether we can revert some powers back to the monarchy... I really don't have faith in the government of the day to be exercise their powers...This is a real joke. Time for a revamp, 'enough of leap frogging', we need to get the fundamentals right... humbly Vicknaraj Thanarajah - Vicknaraj Thanarajah

Whose citizenship shall we revoke now...?

Thu, 20 Sep 2007 01:25:25 +0100

Tsk tsk tsk. Isn't this video seditious? So whose citizenship shall the government revoke now? Will there be any 'apologies accepted but the due course of the law must run' statements from our ODA (Orang-orang Di Atas)? Low Thian Eng - Low Thian Eng

Something rotten in the State of Denmark?

Wed, 19 Sep 2007 23:22:33 +0100

Nothing surprises me anymore. Anything is possible in Malaysia. Whether or not the conversation is proven to have actually taken place, the manner in which judges are appointed and promoted should be seriously reviewed. The present practise seems to place too much power in the hands of the CJ. The CJ on the other hand has been reported as having said that such matters are protected by OSA. That virtually leaves no room for public scrutiny. Recent events seem to suggest that the present PM had wholly delegated this matter of appointment and promotions of judges to the CJ. If not surely he (the PM) would have realised that the most senior Federal Court judge (who also happens to be from his home state) was being bypassed for the position of PCA (ie the No. 2 spot). But for the Conference of Rulers intervention, the recently appointed PCA and CJM (who are the most senior Federal Court judges) would most probably have been bypassed (without any valid grounds) in favour of more junior judges. The present practise as to how appointments and promotions are made is clouded in secrecy. This matter is fortified by the CJ's own statement that such matters are protected by the OSA. In contrast, in the US appointments to the Supreme Court are publicly debated. There should be an objective test in place. Appointments should be based on merit and promotions on seniority and merit. The present practise of bypassing senior judges in favour of junior judges has become the norm and is very unhealthy. Whilst we can't change the past something has to be done to restore confidence in the judiciary.The rot has to stop or else we might as well hang our robes and start selling char keow teow! Dominic Pillai a/l R.K. Pillai - Dominic Pillai a/l R.K. Pillai

Still not the time for tribunal?

Wed, 19 Sep 2007 22:27:48 +0100

Now we have a clear video clip, complete phone conversation (with its transcript) & well-analysis on the relationship of those names mentioned. All these might be circumstantial, but their combined strength is strong enough to pull the CJ down from the bench. He should be suspended immediately and to face a tribunal without any delay. Of course, no superior judges should sit in this tribunal because based on the said conversation, many of his brother & sister colleagues could have been appointed due to the RIGHT camp they chose. Shim Wai Loon - Shim Wai Loon

Crying for my children

Wed, 19 Sep 2007 22:07:43 +0100

I salute the person who taped the conversation. I salute him/her more for having the courage to spill the beans in the open. What would the perpetrator's reaction be? The answer would perhaps be that they were rehearsing for an Instant Theatre Comedy sketch! At the other end of the line....perhaps 'Saya tak tahu apa-apa'... And from the executive....'kita akan tubuhkan satu jawatankuasa penyiasat'...and perhaps followed by...'tidak ada apa-apa kes dan file ditutup'. I don't know what else to say....it seems everything in this country can be compromised... I'm crying for my children and the future that awaits them! Abdul Fareed Bin Abdul Gafoor - Abdul Fareed Bin Abdul Gafoor

Transcript

Wed, 19 Sep 2007 21:37:45 +0100

Transcript of Lingam's conversation with Ahmad Fairuz prepared by Malaysiakini Below is a transcript of the conversation by senior lawyer VK Lingam in his telephone conversation with Chief Justice Ahmad Fairuz Sheikh Abdul Halim, as recorded in an eight-minute video clip. The CJ said he is relative to now Agong, so he wants to stay on to 68, so... Tengku Adnan, I told Tengku Adnan, yesterday I had a meeting with him. He said PM is already very angry with him, he said no problem he is going to make you acting err.. confirm your position as PCA, working very hard, then working very hard to get Tan Sri Mokhtar as CJM. Ah, we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku - I am going to see him tomorrow - there is a letter sent to CJ, I mean Tan Sri Dzaiddin, that Datuk Heliliah, Datuk Ramli, Datuk Ramli and Datuk Ma'roop be made judges, and he rejected Dr Andrew Chui and apa itu Zainuddin Ismail lah. Because Zainuddin Ismail condemned your appointment and Tan Sri Mokhtar's appointment. And then you also, you seem to write a letter for the remaining five be confirmed as judges. As per our memo I discuss with Tun Eusoff Chin, and we sent the same memo to PM. I just want to get a copy (of the) letter that that has been done. And then Tan Sri Dzaiddin said he is going to recommend six people for the Court of Appeal, but until today the letter hasn't come to PM. He never discuss, but neither he has sent the letter to PM. Yes, he has not sent. I know it is under the constitution for judges all that is your job, Datuk, to send, but we don't want to make it an issue now. Ah. Okay. Actually I told Tengku Adnan to inform PM - PM to call you for a meeting. I organise it so that Tengku Adnan will call you directly. And then I got your number, I will tell him to call you directly for you to meet PM lah. So should be okay, then ar.. correct, correct, it is very important that the key players must be there. Correct, correct, correct, correct, correct. You know that the same problem that Tun Eusoff Chin has. He tried to do all this and yet he has run out of soldiers. He couldn't do it because many are from the other camp. Last time was unfortunate because Tun Daim was doing everything, sabotaging. Otherwise, how are things with you - everything is okay? No, don't worry. You know sometimes Tan Sri Vincent that half the time they are talking about judiciary rather than doing the work. But if I don't do this part, my work will be useless. Ha, ha, ha. Ah, yes. Correct, correct, correct, correct, correct, correct. Right, right, right, correct. Ah, right, susah. You see, he has now up for six Court of Appeal judges, so that he can put his men before he retires. Correct, correct, correct, ah, and then ah, correct. But never mind, I will do this. I will get Tengku Adnan to arrange for PM to call you and Tan Sri Vincent Tan for PM to call you. And you know why? Actually, I am very grateful with Tan Sri Vincent Tan. You know why? I brainwash you so much even I quarrel with him. One day, I went to Vincent Tan's house, I fired him at night in his house. I said bloody hell if you don't do this, who will do it? All these people Tun Eusoff Chin, Datuk Ahmad Fairuz, Tan Sri Zainon, all fought for that. Then he called Tengku Adnan. Tengku Adnan, he said saya bukan Perdana Menteri Malaysia lah, you know. If the old man doesn't want to listen to me, go to hell. He quarreled with me. I said never mind, never mind, you talk to PM again tomorrow morning to put Datuk Ahmad Fairuz to CJM. So next day morning, he went and he called me back 9.30 that he said PM has already agreed. So I said never mind, we hope for the best. So I said no harm trying - the worst that it can happen is that you lose. Being the old man, he is 76 years old, he gets whispers everywhere, and then you don't whisper, he get taken away by the other side. But, now PM is very alert because every time he gets letters from Tan Sri Dzaiddin, he called Tengku Adnan, he said discuss with Vincent - come and discuss. Yes yes, ya. Correct, correct, ya, but you see although I know PM, I am a lawyer in practice, my views are.. I go through them, I go through them lah. Ah, ah, ah, ah. And then Dzaiddin will call them telling that you went saw PM and you make a big issue out of it. Oh ya, I think so, I think so. Okay, fine, fine, fine, fine. Okay, okay, okay, okay. Ah, ah. Correct, correct. Now I heard Raja Aziz, Raja Aziz two weeks ago spoke to my lawyer Thayalan and another lawyer Ailan in the High Court - they have a case each other. So, Thayalan and Ailan asked Raja Aziz, how is Tan Sri Wan Adnan? He said he is on his way down. But you know what is the shocking thing he said? Datuk Fairuz became CJM. He overruled everybody. In three months time, he is going be made PCA, and six months time, he is going to be CJ. He said he can't think, he's shocked. He told us. Ha, it seems that they are going to organise a campaign to run you down. But you just keep quite, don't say anything. Even the press asked, you said I leave it to God, that's all. Don't say. I really like your message. You said you work very hard, what can I do? I leave it to God. That's the best answer, Datuk, that you can ever be. Ah... I will also get Tan Sri to remind PM to put a Tan Sri-ship this year lah. This will elevate you, you know. Oh yes, yes, yes, yes. Ha. Steve Shim got so fast, Tan Sri Chong waited for whole year to get Tan Sri-ship. Ah.. My God that's why, ah. Correct, correct, correct, correct. Ya, ya, ya, ya. Right, right, right. Correct, correct. Don't worry, we organise this. If Tan Sri Vincent and Tengku Adnan want to meet you privately, they will, I will call you. We organise in a private arrangement, in a very neutral place. No, don't worry, Datuk, I know how much you suffer for Tun Eusoff Chin. And Tun said 'Datuk Ahmad Fairuz, 110 percent loyalty'. We want to make sure our friends are there for the sake of the PM and the sake of the country. Not for our own interest, not for our own interest. We want to make sure the country come first. Well, you suffered so well, so much you have done. For the election, Wee Choo Keong, everything. How much, nobody would have done all these. Yes, you know. Good lah. Don't worry. I am constantly working on this. Ya, ya, don't worry, don't worry. We work hard on this. And Datuk, and then if Tan Sri Vincent and Tengku Adnan want to see you, I will organise it in such a confidential place. Okay, Datuk, very best. God bless you and your family. Okay. Thank you, thank you. Bye. - MBW

NO A.D.A. IN THE SUN PLEASE

Wed, 19 Sep 2007 19:40:56 +0100

What I am now thinking of is The Sun which is largely owned by Tan Sri Vincent Tan together with former Phileo Allied Bank owner Tong Kooi Ong. I have no doubt that the senior editors of The Sun will discharge their jobs in the light of these revelations. What I am afraid is whether there will be "arahan dari atas" (ADA or orders from above) to tell them to play down the story. I hope sanity and even wisdom will prevail to ensure that the pre-eminent position of The Sun is not compromised by any ADA. So far as my contacts tell me, no such A.D.A. has been given. Let us hope the "happy" situation continues. And let it continue to expose all the cases, if any, that have been "arranged". My initial fear is based on the fact that the last time a judgment was made against V.K. Lingam in his suit against a newspaper in Europe, The Sun did not breathe a word. Was that to protect not only V.K. Lingam but even his friend, Tun Dr Mahathir Mohamed? Stephen Tan Ban Cheng - Stephen Tan Ban Cheng

CJ MUST explain

Wed, 19 Sep 2007 18:53:34 +0100

Let's wait for CJ's explanation. But I expect CJ to deny everything! Lim Sey Wee - Lim Sey Wee

Timing

Wed, 19 Sep 2007 18:41:46 +0100

Anwar waited just before the elections to release this whopper. I wonder what other videos he has, and if so, whether he plans to release them in instalments leading up to the elections? The Bar has its work cut out for it. Rishwant Singh - Rishwant Singh

50 years of Merdeka

Wed, 19 Sep 2007 18:29:52 +0100

I am totally disheartened to note the state of affairs in our Nation after 50 years of Merdeka. Let us hope and pray that this serious allegation will not be swept under the carpet but instead be thoroughly investigated and any wrong-doers be brought to justice. I trust that the Bar Council will take the necessary action in this regard. Lim Jit Kiong - Lim Jit Kiong