The Malaysian Bar - ALIRAN's Press Release: Boycott the courts, shun the discredited judges

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ALIRAN's Press Release: Boycott the courts, shun the discredited judges

Friday, 21 September 2007 05:48pm

ALIRAN's Press Release: Boycott the courts, shun the discredited judges Aliran calls upon the Bar Council to save the judiciary. It is only the Bar Council that can do this. The Council and its members are well placed to play this role effectively and successfully. No one else can purge and cleanse the judiciary. We call upon the Bar Council to undertake this great task in the national interest and as a matter of patriotic duty. The Bar Council should call for an Extraordinary General Meeting and adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity. The resolution should further direct the members of the Bar Council to shun all those judges who are deemed to have leap-frogged over more senior and deserving serving judges.

It is abundantly clear and established beyond any shadow of doubt – as can be seen through the Lingam tapes - that the promotion and appointment of judges are based on political manipulation and sinister manoeuvring by unscrupulous parties to secure their power base. They have sacrificed justice and have made a mockery of a hallowed institution that was meant to uphold justice and fairness.

This is one occasion which makes it possible to reform and rejuvenate the judiciary and deliver it from the doldrums it has been forced into by unscrupulous and unethical persons garbed in judicial robes. Uncouth lawyers with their political connections and close associations with discredited judges have tainted the fair name of justice and have brought shame and disrepute to the judiciary.

It is with pride that Aliran remembers members of the Bar in the mould of Raja Aziz Addruse who refused to appear before the Supreme Court presided by Tun Hamid Omar on a matter of principle following the executive assault on the judiciary in 1988. Hamid played an active role in the dismissal of Tun Salleh Abas and the sacking of Tan Sri Wan Suleiman and Datuk George Seah - the three innocent victims of a political plot. He was shunned like a leper and that’s the way to treat all the co-plotters who have ruined the judiciary.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life.

P Ramakrishnan
President
21 September 2007

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ENUF IS ENUF
written by Stephen Tan Ban Cheng, Friday, September 21 2007 06:41 pm

ONE-HOUR SHUT-DOWN

This statement evokes my alas failing memory of the Bar Council's recent call for a review of the Salleh Abas affair of Aug 8, 1988.

For the record, my information from impeccable sources tells me that the call not only fell on deaf ears, but worse: it was seen in a very, very dim light by certain people in power.

Maybe, along the lines of the call by my learned friends Fahri Azzat and Amer Hamzah Arshad, it is time for the Bar Council to call on all members to mark an hour's suspension of all proceedings in all courts in West Malaysia on just one day designated for the purpose.

I feel sure that magistrates and Judges at all levels, including the session court, throughout the entire country will sympathise with such an initiative held to tell all corrupt politicians that "enuf is enuf." A one-hour shut-down will tell them that we lawyers mean business when we say we want to uphold the rule of law and will never countenance interference by politicians that has resulted in judicial independence being compromised.

If such an initiative is still not heeded by the powers-that-be, they can only invite escalation!

Stephen Tan Ban Cheng

Only the Bar Council can save the judiciary
written by Francis (via email), Saturday, September 22 2007 09:00 pm

I am just an ordinary people but concerned about the check and balance concept of Malaysia Government. I sincerely hope that the Bar Council can play the role in saving the judiciary of Malaysia. I do agree with Aliran that it is only the Bar Council that can do this. The Council and its members are well placed to play this role effectively and successfully. No one else can purge and cleanse the judiciary.

I really hope that Bar Council can undertake this great task in the national interest and as a matter of patriotic duty.

I would like to urge that Bar Council to call for an Extraordinary General Meeting and adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity. The resolution should further direct the members of the Bar Council to shun all those judges who are deemed to have leap-frogged over more senior and deserving serving judges.

For me also I think it is abundantly clear and established beyond any shadow of doubt – as can be seen through the Lingam tapes - that the promotion and appointment of judges are based on political manipulation and sinister manoeuvring by unscrupulous parties involving even business tycoons to secure their power base. They have sacrificed justice and have made a mockery of a hallowed institution that was meant to uphold justice and fairness.

I can still remember the action of the members of the Bar in the mould of Raja Aziz Addruse who refused to appear before the Supreme Court presided by Tun Hamid Omar on a matter of principle following the executive assault on the judiciary in 1988. Hamid played an active role in the dismissal of Tun Salleh Abas and the sacking of Tan Sri Wan Suleiman and Datuk George Seah - the three innocent victims of a political plot. He was shunned like a leper and that’s the way to treat all the co-plotters who have ruined the judiciary.

I hope that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life.

Thanks in advanced.

Best regards,
Francis

NO JUDASES PLEASE
written by Stephen Tan Ban Cheng, Saturday, September 22 2007 11:40 pm

The recent Pakistan case when the Chief Justice was removed shows Malaysians what can be done if the Bench and Bar are united.

However in the 1988 Malaysian context, we have a "biblical" problem. The "biblical" problem seems to centre on the view that in any group of twelve, there is one Judas!

The Malaysian experience shows that although we have our paragon of virtue in Raja Aziz Addruse, this does not appear to be enough since we have to watch out for the Judases within our midst. In Malaysia, we call them "the enemies under the blanket."

Having said that, it is now incumbent on the good Benchers and all Malaysian Bar members to rise to the occasion and restore the judiciary to the pedestal where it belongs. Our failure will have economic implications for the country since we face stiff competition for direct foreign investment from China, Vietnam, Thailand, Indonesia and even India.

I pray that the efforts of the Malaysian Bar be crowned with the success that it deserves and not with the betrayal that has hitherto been its bitter experience!

Stephen Tan Ban Cheng

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