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Many, including Judges, are tired of the Judiciary being the subject matter of headlines in the press.

The Malaysian public is probably likewise fatigued.

The Government appears to just not want to investigate any further issues about the Judiciary, but prefers to “move on” with their proposed reforms.

In short, people are fed up and it would understandably be tempting to brush aside the revelations recently made by the High Court Judge Ian Chin and former High Court Judge Datuk Muhammad Kamil Awang.

But would dismissing the disclosures out of hand be the right thing to do?

Are we to just ignore what the Judges have said and pretend those incidents never happened? Are we to allow this matter to be swept under the carpet without giving all those concerned a fair chance to be heard? Should we not be alarmed by the chilling disclosure of a “boot camp” which strikes at the very heart of the independence of the Judiciary and separation of powers? Should we not be interested to find out if there were other improprieties, and what we can learn from the mistakes of the past?

However fatigued we may be, however much we may fear the depth of the revelations or the political and institutional repercussions, we must find the strength to deal with them and have the wisdom to know that the path to real and meaningful change is never easy.

It is precisely because the Bar Council believed that there was much more that ails the Judiciary that we had asked for a Royal Commission to look into all issues relating to the Judiciary rather than to confine it to the Lingam video clip. We had in mind a Royal Commission much like the Police Commission that would do their work over a period of time and invite information from the public.

As it stands the Royal Commission on the Lingam video clip has already made many troubling findings and has asked for “a determined effort…. to get to the root of the malaise which has been uncovered.”

We must all appreciate that it takes courage to step forward to reveal misdeeds or improprieties. To do so is to risk one’s career. But such revelations are the driving force behind reform and accountability. We owe it to those who have shown the courage to come forward to create an environment in which they and others may continue to do so without fear or favour. Perhaps the Judicial Appointments Commission ought now to have a mechanism not just for public complaints but also for complaints by Judges against any party that seeks to interfere with the performance of their duties.

It must also be appreciated that addressing these revelations is not only in the public interest but also in the interest of the many Judges who work tirelessly, honestly and quietly to uphold their oaths of office. We must ensure that they enjoy an environment that promotes courage, integrity and independence.

Therefore:

• Investigations must be carried out if potential offences are disclosed.
• There must be a fact-finding effort.
• A Royal Commission must be considered to investigate and resolve a wide range of issues relating to the Judiciary.
• A mechanism must be set up for the public and Judges to make complaints.
• All parties must be given a fair opportunity to state their case.

Inaction is not an option.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

13 June 2008

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