The Malaysian Bar - Press Statement: Panel's admission of lack of powers confirms the need for a Royal Commission of Inquiry

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Press Statement: Panel's admission of lack of powers confirms the need for a Royal Commission of Inquiry

Press Statement: Panel's admission of lack of powers confirms the need for a Royal Commission of Inquiry

Contributed by Ambiga Sreenevasan

Saturday, 06 October 2007 09:03pm

Ambiga Sreenevasan • Set up royal panel, says Bar Council
• Bar Council still wants Royal Commission to probe

The Bar Council notes with concern, following from the press conference held by the panel investigating the video clip, the narrow scope of the panel’s terms of reference which appears to be restricted solely to determining the authenticity of the video clip. The Bar Council is also concerned that the panel, having acknowledged its lack of powers in compelling the production of evidence, does not intend to invite any person to come forward to assist the panel or to give a statement. It further has no power to direct investigations. Neither has it immunity.

It would appear, therefore, that the Panel is wholly dependent on the investigations carried out by other agencies. The Bar Council hopes to raise these issues with the panel shortly.

It has always been the stand of the Bar Council that this panel can only constitute a first step in the wider process of ascertaining the facts and inferences in relation to the video tape. A Royal Commission is required for this purpose for the very reasons the panel has put forward about its powers and immunity, among other things.

The action taken by the ACA, at this stage of the investigation, to find out about the whistleblower, is worrying and most discouraging. It shows the misplacement of focus, and creates an impression that the authorities are more interested in going after the whistleblower than in discovering the truth of the alleged wrongdoings.

Ambiga Sreenevasan
President
Malaysian Bar

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Well done AMBIGA!
written by Derek John Fernandez, Saturday, October 06 2007 11:37 pm

Every one I talk to has great praise for the leadership of the Malaysian Bar and its members. To make such a brave, courageous and morally right stand in the face of overwhelming odds, sets the standard for others to follow. I like so many of my fellow brothers and sisters at the Bar are proud to be members of the Malaysian Bar! Evil really does triumph when good people do nothing.

Derek John Fernandez

DARKNESS TRYING TO CREATE LIGHT
written by Stephen Tan Ban Cheng, Sunday, October 07 2007 01:43 am

In the name of humanity, the ACA should not use the coercive powers of the law to get the names of the whistleblowers. This use of terror can only distort the innate kindness of all Malaysians.

What must be used is reason. Only the use of reason can excite and sustain the innate kindness of all Malaysians whose collective psyche took a severe beating in Operation Lalang in 1987.

And reason demands that an overall evaluation of the surrounding circumstances of the video-clip must be made and made objectively. Such a wide exercise is clearly beyond the narrow terms of reference of the independent panel.

So, with respect, reason demands that the three panel members must look themselves in the mirror and reflect honesty in dealing with their own nation by forthwith resigning their appointment.

To be candid, in view of the high stakes and high flyers involved, I find the invitation to the whistleblowers to come forward without the attendant protection of their person to be akin to darkness trying to illuminate light. In my 57 years, I attest to witnessing no such miracle.

Stephen Tan Ban Cheng

Let there be Light
written by Tan Peek Guat, Monday, October 08 2007 08:48 am

Dear all,

For the sake of Malaysia, and Malaysian Justice now put at stake, I humbly suggest that the PM allows the Head of the Malaysian Bar to assist the Panel Members in the execution of its duties and responsibilities.

Tan Peek Guat

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