What should lawyers do next if there is no action on the
judicial scandal exposed by the ‘Lingam tape’? Put their foot down and be brave
enough to walk out of courts, that’s what!
This bold suggestion was made at a special session entitled 'We watched, we
walked, we now ... do what?' at the 14th Malaysian Law Conference this
afternoon.
The session kicked off with the eight minute video clip being shown on a
theatre-size screen.
Scenes of senior lawyer VK Lingam purportedly brokering the appointment of
judges and fixing decisions - allegedly with Chief Judge of Malaya (now Chief
Justice) Ahmad Fairuz Sheikh Abdul Halim - in 2002 were shown to the packed
hall.
Lawyer Haris Ibrahim (right) then told the audience that something drastic would
have to be done if the upcoming meeting between Prime Minister Abdullah Ahmad
Badawi and Malaysian Bar president S Ambiga bears no fruit.
"I think, at its extraordinary general meeting on Nov 22, the Bar must be
prepared to take the necessary resolutions to put a stop to this nonsense.
"I'm suggesting that there's no other way to drive the point home that, until
the judiciary is clean, we will not take part in a system that has become so
tainted (because) we (would be tarred) by the same brush," he said firmly.
He cited the example of Pakistan Chief Justice Iftikhar Muhammad Chaudhry who
was suspended by president Gen Pervez Musharraf on March 9.
This led to lawyers boycotting the courts, confronting riot police officers,
burning pictures of Musharraf and holding nationwide protests. It resulted in
the reinstatement of Chaudhry on July 20.
"They brought the administration of justice to a standstill. The judiciary
cannot function without the legal profession,” said Haris.
“I can't see anything else than some drastic action by lawyers to say ‘No, we've
had enough, we will not take part in it; clean up the system and give us the
royal commission or else’.
"If not, I don't see any way else that can help us get out of this quagmire that
we find ourselves in now.”
There was a roar of support and loud applause from the audience.
‘Betrayal of trust’
Lawyer Fahri Azzat pointed out that the crux of the video shows how corruption
cripples the justice system and the country as a whole.
"Corruption ruins people and brings the Bar down. Why? Because it is a betrayal
of trust and you can't trust anybody any more.
"So we are like flies trapped in the web of corruption. There is no institution,
no government authority that will or want to help us. They are there to keep us
deluded, distracted and denied."
In his emotional speech, he appealed to lawyers to be brave in confronting this
fact, and then outlined the ineffectiveness of the PM in dealing with this
issue.
"Is the PM going to help us? I don't really think so. He may say nice things
about us but I don't know if he remembers them the next week.
"He's not interested in the Bar or the law. He is just interested in officiating
events, smiling at cameras warmly, dispensing the most pedantic of homilies. I
don't blame him. People do what they do best and this is what he does best," he
said with tongue-in-cheek.
He pointed out that the lawyers can expect no help from the judiciary,
Parliament, the government, Anti-Corruption Agency, the attorney-general and the
police.
"Let's face up to reality. It is because they want to be in power. Anything that
works to the benefit of the people means the detraction of power from the elite
in power.
"We are on our own. All we have is each other and people who feel the same way.
That's all you have. I hope we can look deep in ourselves and say 'enough'
because if not, it's over."
During the session, an excerpt from the book 'May Day For Justice' by K Das was
read out by his daughter, Jo Kukathas, a director of the Instant Café Theatre.
In it, the author described how court doors and Parliament gates were locked in
attempts to deny then Lord President Tun Salleh Abas a fair trial in 1988. He
was later sacked.
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Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.