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Bar, opposition must not jump the gun PDF Print E-mail
Monday, 24 September 2007 07:17am

Bar, opposition must not jump the gun©New Straits Times (Letters Section) (Used by permission)
by H.S., Kuching

It is surprising to note how swiftly the Bar Council president moved to call for an extraordinary general meeting to discuss the matter of a senior lawyer in the video clip controversy.

Equally surprising is that almost all lawyers, including some senior ones, are pointing fingers at individuals. The opposition leader has also named the individual on the other side of the conversation. Whatever happened to the notion of innocent until proven guilty, that is, investigate first, arrest later?

I have viewed and listened to the video clip many times. What one can gather is that the person shown talking on the video clip was playing to the audience before him. One can also note a few bottles on the table to suggest maybe a party was going on.

Now, why would a senior lawyer allow himself to be videotaped? Given the audio and visual quality, I am sure he would have been aware of the person taping him. The timing and editing are also questionable - a lapse of five years. Was it timed to serve the sagging political interest of an individual?

The prime minister and his deputy have said that investigation should start on the authenticity of the video clip. With technology, anything can be doctored.

The attorney-general remarked that no one could say for sure who was on the other side of the conversation.

Until an investigation is completed, the Bar and opposition must not jump the gun.

Comments (4)Add Comment
Bar should not move at snail's pace
written by Ng Chung Yee, Monday, September 24 2007 10:53 am

A strong urge compelled me to comment on this letter. Many were judgmental on the decision taken by Bar and the Opposition. The Government even took the stand that the very basis that a report was lodged and the video taping was widely circulated undermines the credibility of the judiciary and it is an offence. I fail to understand why the reluctance to be spurred into action. If the credibility of the judiciary is questioned, all the more reason it should be thoroughly investigated. Lest, the government is making a veiled threat but could not have been said any other way.

The Bar Council took a swift action and it is a commendable action. No one has been convicted and neither has there been premature press release passing judgment (personal judgments aside, but personal judgments are something that we can never stop). The call is loud and the call is clear, to investigate further and let there be no room for doubt. The very fundamental institution justice and the pillar of our constitution has been dragged through mud and swill and it now stinks of corruption and manipulation in the public eye. Shouldn't the public's perception count for something. Whatever happened to 'justice should not only be done but be seen to be done'?

As lawyers we proudly garb ourself with robe and we confidently tell our clients that the judiciary will ensure that their rights would be adequately protected as we have a strong and independent judiciary because we are a free and democratic society. All that would be lost if this recording turn out to be genuine and the person implicated had partake in the barter trading as suggested.

Dear H.S., shouldn't justice be a compelling reason enough to take all necessary steps to safeguard the institution of justice. Weighing both the possibility that it could be conjured and the possibility that it was a genuine expose, there ought to be NO room of a more sympathetic, lackadaisical and apathetic Bar!

Dear H.S., bearing in mind all the said possibilities, the person shown in the video is none other than a prominent senior lawyer with strong political connections. Words said should not be taken lightly and ought to be given the weight it deserves.

Finally, you had questioned the notion of 'innocent until proven guilty'. Humbly, perhaps its my own shortcomings but I fail to see how anyone has been robbed off their basic right. Is it not the right step to lodge a report to facilitate investigation, it is not right to call for an enquiry. For those implicated, would it not be a sigh of relief if such actions are taken as it accounts for transparency and definitely a good way to wash all the filth and stink that this saga has caused.

Truly,
Ng Chung Yee

This is exactly why we need the Inquiry Commission
written by Chan Guey Fa, Monday, September 24 2007 02:25 pm

Dear H.S.,

You asked "Whatever happened to the notion of innocent until proven guilty, that is, investigate first, arrest later?"

Please be reminded that at this stage of the judicial crisis the country is facing, we still seem to be miles away from the doors of a proper inquiry, wherein guilt or innocence can be established, especially when you heard our PM said the other day that there is no need for a Royal Commission of Inquiry, or something like that that can inspire public confidence in its impartiality and integrity in carrying out a thorough investigation.

Anyway, nobody is suggesting, seriously, that anybody is to be, or should be, arrested at this early stage. Didn't you hear the AG stated categorically, even while he was still awaiting the outcome of further "inquiry", that no criminal offence has been committed?

The present public outrage is centred on the moral decay and corruption depicted in the "Lingam tape", in the form of utterly despicable manipulation of judicial appointments and related "unconstitutional" arrangements. The criminality of the events spoken of in the said tape will have to be taken care of later, in due course, so to speak, if at all - you know what I mean - IF AT ALL, considering the entrenched working style of certain government agency to conclude blithely in public :"Tiada bukti, tutup fail".

The pressing thing to do is to arrest further erosion of public confidence in the judiciary, soonest possible.

Meanwhile, whoever should step down, should take just that honourable step, before it is too late to regret.

Chan Guey Fa

HOPE THE LETTER IS NOT 'PLANTED'
written by Stephen Tan Ban Cheng, Monday, September 24 2007 02:32 pm

In light of the mind-boggling revelations about judicial appointments and promotions and of how certain cases have been fixed, the Bar Council has met in emergency session and decided to call on the Government to set up a Royal Commission to investigate the serious matters.

That is what Royal Commissions do. They investigate and then decide on the course of action to be taken, including punitive action if need be.

The Bar Council has also decided to sponsor a march to present the memorandum calling for that Royal Commission to the Prime Minister, refer the lawyer to the Disciplinary Board and hold an EGM.

So how has the golden thread of the law - that one is innocent until proven guilty - been snapped?

Let us hope that this Letter to the Editor is not a "planted" letter. We lawyers write with our names divulged while letters to the editor enjoy anonymity.

Stephen Tan Ban Cheng

JUST A QUERY
written by Stephen Tan Ban Cheng, Monday, September 24 2007 05:31 pm

On second thoughts, is the letter writer a former member of the Malaysian Bar? If it is, why the Kuching dateline.

Stephen Tan Ban Cheng


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