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©Malaysiakini (Used by permission)
by Soon Li Tsin

• United in a demand for justice
• Walk for Justice ends with memo submission

The three-member independent panel to determine the authenticity of the ‘Lingam tape’ should be given a chance to conduct its probe, said Bar Council president Ambiga Sreenevasan.

She said this after submitting two memoranda to the Prime Minister’s Department this afternoon, together with three other council members - vice-president K Ragunath, secretary Lim Chee Wee and treasurer George Varughese.

Ambiga, who was all smiles, received rousing applause from the rain-drenched crowd of some 2,000 protestors who had earlier held a ‘walk for justice’ protest march from the Palace of Justice to the Prime Minister’s Department in Putrajaya.

As the crowd waited for the delegation to come out, some kept themselves in good spirits as they braved heavy rain. They yelled “Right, right, right! Correct, correct, correct!” mimicking Lingam in the video clip.

They dispersed soon after Ambiga gave her speech around 1.30pm.

She told reporters that the inquiry panel should be given a chance to start and hoped that they start work quickly.

“I think they can begin their work, the sooner the better. I would like to see what this panel can do and the result of their investigation,” she said.

“Let that (the inquiry) take place and let’s see how far they can go. I’m not sure what their terms of reference are - that’s the other thing that we are concerned about, We don’t know how wide the ambit of their powers of inquiry will be.”

Yesterday, Deputy Prime Minister Najib Abdul Razak appointed former Chief Judge of Malaya Haidar Mohd Noor to lead the probe, with the other panel members comprising National Service Council chairperson Lee Lam Thye and former Court of Appeal Judge Mahadev Shankar.

The eight-minute edited video shows senior lawyer VK Lingam talking on the phone, apparently brokering the appointment of judges with (current) Chief Justice Ahmad Fairuz Sheikh Abdul Halim.

This has sparked an uproar in the legal fraternity and among the public, triggering the Bar Council’s protest and submission of two memoranda to the premier’s political secretary, Wan Ahmad Farid Wan Salleh, about 12.45pm.

“Wan Farid assured us that they would look into the memo and that he will try to arrange a meeting for us to meet the PM (who) is away at the moment,” said Ambiga after the 30-minute meeting.

Premier Abdullah Ahmad Badawi is currently in New York attending the United Nations 62nd session of the General Assembly.

‘Proud of members’

The first memorandum called for a royal commission of inquiry to be set up to examine the claims made in the video clip, as well as the state of the judiciary.

Ambiga explained that it was essential to set up a royal commission under the Commission of Inquiry Act because it can call and cross-examine witnesses under oath.

“If you set up normal panel, it may not have those powers but may get information some other way,” she said.

The second memorandum urged the establishment of a judicial appointments commission for the appointment and promotion of judges.

Ambiga also expressed her gratitude for the strong turnout of lawyers and members of the public.

“I am proud of the members of the Bar because we walked 3.5km in a peaceful manner. (Although the) buses were stopped, those members walked 5 km (to the Palace of Justice). I believe our members have behaved with utmost dignity.”

Five buses were stopped from entering Putrajaya about 10.15am. The 200 who were stranded walked to the court, causing the march to start an hour later.

Anwar: Well done

To date, Lingam has not been available for comment as he is said to be abroad. Although Ahmad Fairuz has declined comment in a fax to Malaysiakini, his apparent denial was recently communicated to the media by de facto law minister Mohd Nazri Abdul Aziz.

Meanwhile de facto PKR leader Anwar Ibrahim, who revealed the Lingam tape last week, congratulated the Bar over the march today in pursue of a royal commission of inquiry.

“Only a royal commission formed under the Commission of Inquiries Act 1950 can truly restore the public's faith in our judiciary,” he said in a statement.

“The video which we exposed last week should not be just the concern of political parties but all Malaysians who care about the future of the country,” he added.

United in a demand for justice

by Syed Jaymal Zahiid

The upbeat mood at the ‘walk for justice’ in Putrajaya belied serious intent - to protest the erosion of judicial independence in light of claims in the ‘Lingam tape’.

The last time that lawyers took to the streets was during the 1999 Anwar trial when a lawyer was cited for contempt. Before that, they took to the streets in 1978 to protest against the Societies Act.

This morning, after police stopped buses ferrying the protesters to Putrajaya, some 200 occupants got off and walked to the Palace of Justice.

Bar Council human rights committee deputy head Amer Hamzah Arshad, holding a loud-hailer, led their chants as they walked:

Who are we? Malaysian Bar!

What do we want? Justice!

We're doing this for the sake of the country! Correct! Correct! Correct!

(The final response mimics senior lawyer VK Lingam in the video recording which purportedly reveals attempts to fix judicial appointments.)

Malaysiakini talked to several lawyers before the march officially began at noon, to find out what drove them to join the protest.

They were also asked to comment on a statement by de facto law minister Mohd Nazri Abdul Aziz and the government’s creation of a panel of inquiry to examine the authenticity of the Lingam tape.

Ambiga Sreenevasan, Bar Council president

On police stopping the buses: We’re rather surprised. These are buses full of lawyers coming in to hold a peaceful march which we planned to do in half an hour and hand in the memorandum, so I’m disappointed about it. I’ve stressed that this will be a peaceful march, and if we are left alone, it will be a peaceful march.

On Nazri’s statement: We don’t think so. Was (Indian nationalist Mohandas K) Gandhi stupid? Are the (Burmese) monks stupid? We disagree.

On the reason for marching: Well, lawyers in the past have marched only when there’s a serious crisis. At this point of time, we feel that there is a serious crisis of confidence in the judiciary.

On the panel of inquiry: We are surprised by the government’s statement yesterday, that they have set up an independent panel to investigate. We feel that it is a positive move, but we still want a royal commission to be established because it would have wider powers than the panel.

Michelle Lee

On Nazri’s statement: I will go with what Ambiga said. Marching for justice (does not mean that we are like the opposition)...(but about) standing up for the independence of the judiciary.

On the reason for marching: Ever since the Lingam tape was released, the only response has been silence from the responsible parties. I personally feel that I’m doing this because we want the powers-that-be to know that we won’t remain silent.

On the panel of inquiry: I do acknowledge it as a good move but the issue here is not whether the tape is authentic or not, but (about the claims) in the tape. What I want to hear is (that there will be) a revision of the entire judiciary system.

Balvinder Singh

On police stopping the buses: Well we don’t know the reason why the buses were stopped. The police may have a justifiable reason to do so, but if they don’t have a good reason then it is very telling that the government is afraid when lawyers are (gathering in numbers).

On Nazri’s statement: I think the minister is confused. When there is injustice it is our duty to (uphold justice). When there’s something wrong with the judiciary, the Bar is the closest body to (it and therefore has to) react.

On the reason for marching: The (claims in the) Lingam tape require lawyers to take some action. Something is wrong with the law system so I think lawyers should be the ones to take the lead. We do this because we want the prime minister to set up an independent royal commission to not only look into the Lingam tape, but also the entire judiciary system.

Usha Kula

On the reason for marching: I think we lawyers have tolerated (the situation) long enough, it’s about time the government cleans up the judiciary.

On the inquiry panel: We don’t want a cabinet-appointed panel, we want a royal commission to investigate (the claims on) the tape.

We also want an independent judicial commission for the appointment of judges, and it must be transparent.

Walk for Justice ends with memo submission

A peaceful ‘Walk for Justice’ organised by the Bar Council ended with the submission of a memorandum to the Prime Minister’s Department calling for the establishment of a royal commission of inquiry to stem the slide in the judiciary.

A four-member delegation from the Bar Council submitted the memorandum to an official from the PM’s Department, as the premier is currently in New York.

They also submitted a second memorandum calling for the establishment of a judicial commission to oversee the appointment of judges.

Having earlier defied a police order not to march to the office, some 2,000 protesters waited patiently outside for their representatives to hand over the documents, braving heavy rain which started about 12.45pm.

The protesters - most of them lawyers - had taken about 30 minutes to reach the building.

They chanted "We want justice" as they marched, holding placards stating "Judiciary has gone to the dogs" and "Judiciary has gone down the drain".

A four-member delegation led by Bar Council chairperson Ambiga Sreenevasan then went into the PM's Department to meet with the premier's political secretary.

The protesters, who had gathered at the Palace of Justice in Putrajaya this morning, were denied permission by the police to march the 3.5 kilometres to the Prime Minister’s Department to submit the memorandum.

According to eyewitnesses, Putrajaya police chief Supt Abdul Razak Abdul Majid told the protest organisers - the Bar Council - that the march could not proceed due to security reasons.

Bar Council vice-chairperson Ragunath Kesavan confirmed this to Malaysiakini when contacted at the time. He added that they would proceed with the march.

The protesters heard a short speech from Ambiga before starting their march at noon - an hour later than scheduled.

“We walk peacefully and with dignity,” said Ambiga, who added that she was overwhelmed by, and proud of, the good turnout today.

She said that the march is a “walk for justice” as “we deserve a first-class judiciary”.

“When lawyers walk, that means there is something wrong. We want changes in the judiciary,” she said.

Independent panel

Ambiga also reiterated that the Bar welcomed the government’s move to set up an independent panel to look into the Lingam tape, the latest in a series of scandals involving the judiciary.

“This shows that the government recognises that there is a problem. However we still want a royal commission of inquiry,” she said.

Ambiga said of the inquiry: "It can only be the first step. They can't force the presentation of witnesses or documents."

She described the heavy security during the protest, including the presence of anti-riot police and a police helicopter, as "an act of intimidation".

This morning, seven buses packed with protesters were stopped by police from entering Putrajaya, but the occupants made their way on foot to the Palace of Justice.

When contacted, Abdul Razak said he was busy (on the ground) and was not able to comment.

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