|
Press Release: Inaction is not an option |
|
|
|
|
Contributed by Ambiga Sreenevasan
|
|
Friday, 13 June 2008 04:27pm |
|
 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
 |
News 
Subscribe to this comment's feed
Circular No 304/2008 : Invitation - HR Debate 2008
Instead of piece meal royal commissions for each and every allegation on the judiciary with limited terms of reference, like the recent Lingam tape commission, why not have one mother of all royal commissions to look into whether the Mahathir government interfered with the judiciary and if so the extent of such interference? Then the rakyat won't be so tired.
But then again, does this present government really want to bare all, or is this just another PM's bargaining chip against Tun Dr M in the upcoming UMNO elections?
Lim Chong Leong