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PRESS RELEASE: The time has come for us to act decisively PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Sunday, 23 September 2007 09:47am

Ambiga SreenevasanYet again a crisis has emerged in the Judiciary.

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 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 thorough and transparent manner, so that the public is assured that there is no cover up.

The rot and shaken confidence in the Judiciary began with the 1988 Judicial Crisis which involved the suspension of 6 Supreme Court Judges and the subsequent removal of 3 of them including the then Lord President. Since then numerous other allegations have surfaced which have not been taken seriously.

For too long we have watched the confidence in the Judiciary wane. For too long we have watched the judicial appointment process become unfathomable and shrouded in secrecy. For too long we have heard criticism after criticism about the Judiciary. For too long we have cried out for reform, but the authorities have not heeded our pleas.

Malaysians cannot afford to stand by and watch any longer. The time has come for us to act decisively.

The videotape raises at least the following questions:

(1) How exactly were the appointments of Judges made at that time and since 1988, and what was the basis?

(2) Were appointments determined by outsiders to the process under the Constitution (involving e.g. businessmen or litigants), and how was this allowed?

(3) Who are the “key players” in the Judiciary referred to in the conversation?

(4) Who were the “soldiers” referred to in the conversation?

(5) Who were in the “other camp” referred to in the conversation?

(6) Who were the people who “fought for us”? Who is “us”? Who are “our friends”?

(7) What was the “private arrangement” referred to in the conversation?

(8) What was the 110% loyalty referring to?

(9) What was the nature of the relationships between the businessman, the lawyers, the politicians and members of the Judiciary?

These and many other questions raised by the video cry out for answers. It underscores the need for a Judicial Commission. If there is no truth in the allegations or inferences arising out of the video, then the parties concerned must be vindicated. If there is truth in the allegations (or in some of them), stern and appropriate action must follow. Either way, silence, dismissal, lukewarm responses or lack of action are not options for the Government. The response of the Chief Justice on Friday (21 September 2007) that he has no comment in response to the video clip is unacceptable but telling.

It is most disappointing to hear of official responses that seek to divert attention to the whistleblower, and threaten possible action against such person should the allegations turn out to be untrue. To do so at this stage casts serious doubts on the willingness of the authorities to properly and impartially investigate the matter. It will instead be a case of shooting the messenger.

The Bar Council calls upon the Government to immediately appoint a Royal Commission of Inquiry into the incident and into the state of the Judiciary.

We have a duty to the public to act. We have a duty to the many good, honest and hardworking judges, to act. We have a duty to the institution of the Judiciary to act. We have a duty to ourselves as Malaysians, and to civilised society, to say loudly that: enough is enough. Let us find out what really went on (and goes on) in the Judiciary. Let us not continue to be in a state of denial.

Dated: 22nd September, 2007.

Ambiga Sreenevasan
President
Malaysian Bar

Comments (5)Add Comment
My thots...
written by Kelvin Ng Sin Huat, Sunday, September 23 2007 11:44 am

Allow me to digress. If I am not mistaken the Minister in the Prime Minister Department, Nazri, did say that he is prepared to entertain the proposal to review the appointment and selection process of judges if the proposal comes from judges and/or if there is proof of defects in the existing procedure/process. Well, would this fiasco sufficient for the Honorable Minister to act swiftly now?

Now returning to the main topic. If our call for an independent Royal Commission falls on deaf ears, yet again, what would our next course of action be? Will we institute a disciplinary proceedings against Mr VK Lingam? I wonder why were there no discplinary action initiated against VK Lingam when the photo of him holidaying with the then CJ was made public? Why the Bar Council or the then President of Bar Council did not take appropriate action against Mr. VK Lingam. Can anyone enlighten me on this?

Sometime ago, Tun Mahathir called for a setting up of a court to try those perceived to be war criminals. Whilst such court may not have the legal force of law, a guilty verdict may have certain implications in the way history is to be written.

If the government fails to act accordingly this time or our beloved PM is going to say "I don't know", yet again, can we have such "tribunal" to try the CJ and those implicated and hand down the verdict accordingly?

The CJ has said if there are judges found to have committed misconducts, they would be disciplined. I agree with him and now I call on the office of CJ to take the appropriate action or press for the appropriate action to be taken those implicated in this recording. Interesting to note how the CJ is going to discipline himself!!!

Kelvin Ng Sin Huat

Let's March!
written by N. Surendran a/l K. Nagarajan, Sunday, September 23 2007 01:19 pm

The March on the 26th is a splendid immediate response to the judge-fixing revelations. This is first-class leadership. This is the kind of action concerned members expect from the Council and office-bearers.

Now there must be no slackening or compromise until the Council's just demands are met.

Irrespective of consequences, we must carry on the fight until the judiciary is truly saved. The Nation expects this of us.

N. Surendran a/l K. Nagarajan

MY OTHER THOTS ...
written by Stephen Tan Ban Cheng, Sunday, September 23 2007 02:55 pm

My dear Madame President

Below are my other thots that have nothing to do with my erstwhile friend, Kadir Jasin of Kedah.

(1) How exactly were the appointments of Judges made at that time and since 1988, and what was the basis?

Your guess is as good as mine. With respect, some of the appointments from 1988 bear scrutiny.

(2) Were appointments determined by outsiders to the process under the Constitution (involving e.g. businessmen or litigants), and how was this allowed?

From the tape, it appears to be so. However, the authenticity of the tape must be determined first. What happens if we are told that the tape is part of a "black operation"? Then we are going into something more sinister than we thought!

(3) Who are the “key players” in the Judiciary referred to in the conversation?

Please refer to comments in (5).

(4) Who were the “soldiers” referred to in the conversation?

In a positive light, the fact that "soldiers" exist means that the good Judges are not doing the what the then Chief Justice wanted. It speaks well for the integrity of these reluctant Judges. I wonder who they are. Or would they want to be The Secret People? See "The Secret Man: The Story of Watergate's Deep Throat" by Bob Woodward.

Of course we must remember that Judge who tried to expose the corruption in the judiciary, only to find himself summarily left exposed to the elements of nature today. My heart goes to him and his courage. Some day, Malaysians will find the same courage to honour people like him and the three brave Judges who were made to fall on the sword, including our ailing Dato George Seah.

(5) Who were in the “other camp” referred to in the conversation?

The politics of exclusion that seared Umno in 1987 when in an unprecedented crisis Dr Mahathir Mohamad and Tun Ghafar Baba were challenged by Tengku Tan Sri Razaleigh Hamzah and Dato Seri (as he then was) Musa Hitam appears to have percolated into the judiciary.

Don't you think so? We should return to the principle of inclusiveness where everyone, every Malaysian is included and where their very life is celebrated in the grand tradition of our Founding Father, the good and great Tunku Abdul Rahman Putra Al-Haj.

(6) Who were the people who “fought for us”? Who is “us”? Who are “our friends”?

Please refer to comments in (5).

(7) What was the “private arrangement” referred to in the conversation?

This is very puzzling. "Private arrangements" can mean so many things to so many people.

(smilies/cool.gif What was the 110% loyalty referring to?

Note the unhealthy emphasis on loyalty. What is right has been left in the shadows. What is right may be wrong and, worse still, disloyal. Loyalty is everything. Doing what is right, doing the right thing in the right way appear to be irrelevant (sorry for copying the word first made infamous by a famous Judge, or is it the other way around – first made famous by an infamous Judge).

(9) What was the nature of the relationships between the businessman, the lawyers, the politicians and members of the Judiciary?

Any such relationship can only be incestuous because such relationships are not supposed to exist. A good Judge, as Lord Denning rightly said, can be a very lonely man. I prefer the non-sexist term “lonesome person.”

If we return to basic Greek philosophy about the gold, silver and bronze people in the mythical state, they are gold, silver and bronze. Any mixture will result in producing an alloy of indeterminate proportions of metal that must be assayed.

The mixture is no longer like Coca Cola, the real thing. We want the real thing, not the big one they call Pepsi Cola! Go for the real thing. Malaysians deserve the real thing. We are, as I said, a nation of heroes, not a nation of cowards.

Look at the words of our national songs: “Sebelum kita brjaya, jangan harap kami pulang” and “Biar putih tulang, jangan putih mata …” To be perfectly candid, whenever I hear the words of the first song, tears spring forth … especially, when I see the accompanying march of our soldiers.

Can we now restore the principle of inclusiveness in our nation-buiilding efforts? As aat least a six-generation Chinese of Malaysian descent, I find no joy in living a life of being excluded. I know that my tears are as Malaysian as any other Malaysians!

Cheers ... and have a nice weekend or what is left of it.

Stephen Tan Ban Cheng

How many of the judges appointed have appeared in
written by Ravindra P. Nanukuttan, Sunday, September 23 2007 10:43 pm

Just a guess .. have any of the judges appointed appeared in the Federal Court especially Datuk Ramly?

Ravindra P. Nanukuttan

You're kidding
written by K. Balasundaram , Monday, September 24 2007 10:26 pm

Why don't you ask have any judges recently appointed and from the Bar have ever done a full civil trial be it in the lower court or the High Court?

Answer: none!! I venture to say smilies/cry.gif

K. Balasundaram


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