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The Malaysian Bar is disappointed at the Government’s reported decision to take no further action in the case involving the Lingam video clip, particularly as the 2008 Royal Commission on the video clip had verified its authenticity.

The Royal Commission’s findings are resonant of the dark days of the 1988 judicial crisis.  The questions raised by the video clip cry out for answers, and the inferences arising out it are very grave.  If there is truth in the any of the allegations that have surfaced, stern and appropriate action must follow.  

The Government must do its utmost to investigate the matter, including looking into the announcement, made two days ago, that a key witness is available to testify.  Dismissal, lukewarm responses or inaction are not options that the Government has the luxury to indulge in.

It is universally recognised that a competent, honest and impartial Judiciary free from interference is critical to every society, and that public confidence in the Judiciary, and in its independence, moral authority and integrity, is essential to the Judicial process.

As such, any hint of impropriety in the Judiciary, whether in the appointment process or in the disposal of cases, or in the conduct of judges, must be investigated swiftly and in a comprehensive and transparent manner, so that the public is assured that there is no cover-up.  

The Government must demonstrate that it has the political will to act on the outcome of the 2008 Royal Commission on the video clip.  Those findings must not be relegated to bookshelves, filing cabinets or storage boxes, to gather dust along with the conclusions of other Royal Commissions.  Closure in this issue can only be achieved once all avenues of investigation have been exhausted and any wrongdoers are prosecuted.

Nothing less will do.


Ragunath Kesavan
President
Malaysian Bar
28 October 2009