©New
Straits Times (Used by permission)
by V. Anbalagan, Anis Ibrahim and June Ramli
PM announces reforms to revitalise judiciary.
KUALA LUMPUR: A new chapter for the Malaysian judiciary has
begun.
One: A Judicial Appointments Commission will be appointed to nominate, appoint
and promote judges in a transparent and representative manner.
Two: The 1988 upheaval of the judicial system is laid to rest with
acknowledgement of "the pain and loss" suffered by the late Tan Sri Eusoffe
Abdoolcader and Tan Sri Wan Suleiman Pawanteh and their families, Tun Salleh
Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh and Datuk
George Seah.
Before a glittering audience of who's who of the Malaysian Bar, Salleh, Azmi and
Seah, Prime Minister Datuk Seri Abdullah Ahmad Badawi was roundly applauded as
he announced the two gigantic steps to redeem the judiciary.
"The process to bring about this change will begin now and I assure all of you
here today that consultation on the workings and the structure of the commission
will involve primary stakeholders. All will have a chance to provide their input
to the government."
The commission, he said, would identify and recommend candidates for the
judiciary to the prime minister.
"While the constitutional prerogative of the prime minister to put forward names
to the Yang di–Pertuan Agong will remain, the commission will help to evaluate
and vet candidates in a systematic and credible manner for the prime minister,
based on clearly– defined criteria."
In addition, he said, the government would initiate a review of the judiciary's
terms of service and remuneration.
"There is a pressing need to set salaries and compensation to the right levels
to ensure that the bench can attract and retain the very best of the nation's
talent."
Abdullah said details of the comprehensive package of reforms to strengthen the
capacity and credibility of the judiciary would be announced in due course.
The loudest cheers for the prime minister at the Bar Council dinner came when he
went back to the events of 1988 and paid the highest compliments to the six
judges by describing them as towering judicial personalities who represented a
very different era for the nation's judiciary.
"Many felt that the judiciary then was a venerable institution which could be
trusted to deliver justice. Some even hailed Malaysia's judiciary as a model for
other countries –– independent and credible.
"Therefore, the government would like to recognise the contributions of these
six judges to the nation, their commitment towards upholding justice and to
acknowledge the pain and loss they have endured.
"For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this
sentiment is made too late.
"For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Datuk
George Seah, although this acknowledgement is 20 years too late, it is made with
much hope that a measure of the pain and loss may yet be healed."
In recognition of the contributions of the six outstanding judges, Abdullah said
the government had decided to make goodwill ex gratia payments to them.
"Gentlemen, I do not presume to equate your contributions, pain and loss with
mere currency, but I hope that you could accept this as a heartfelt and sincere
gesture to mend what has been."
In urging for a closure to the painful 1988 crisis, the prime minister said: "I
do not think it wise or helpful to revisit past decisions as it would only serve
to prolong the sense of crisis –– something our nation can do without.
"The rakyat wants movement and progress, not continuing strife."
Abdullah said these were merely the first steps to renew the public's trust in
the judiciary and to ensure that justice was consistently delivered.
"I humbly seek your support for these measures.
"Now it is for all parties concerned –– the judiciary, the Bar, civil society
and the public –– to also play their roles in facilitating these reforms.
"Whatever our differences, we share the same idealism for our nation's
judiciary. Let us work through our differences.
"It is my hope that this becomes part of a bigger process to further strengthen
our democratic institutions step by step, resolving intractable problems that
have stood in the way of genuine nation–building. Let us write this proud and
new chapter together."
Wan Suleiman and and Eusoffe's families were among the guests. So was Seah's
youngest son, Basil.
Other notable guests at the Bar Council dinner were opposition leaders,
including Parti Keadilan Rakyat president Datin Seri Dr Wan Azizah Wan Ismail,
DAP adviser Lim Kit Siang, Pas deputy president Nasharuddin Mat Isa and its
secretary–general Datuk Kamaruddin Jaffar.
Also present were Abdullah's wife Datin Seri Jeanne Abdullah, Chief Justice
Datuk Abdul Hamid Mohamad, Court of Appeal President Tan Sri Zaki Azmi, Minister
in the Prime Minister's Department Datuk Zaid Ibrahim, former chief justice Tun
Mohamed Dzaiddin Abdullah, Health Minister Datuk Liow Tiong Lai,
Attorney–General Tan Sri Abdul Gani Patail, and Advocate and Solicitors
disciplinary board chairman Tan Sri Khalid Ahmad Sulaiman.
Among the foreign dignitaries were United States ambassador to Malaysia James R.
Keith and US judge James Baker.
Retired judges present included former Court of Appeal judges Datuk K.C. Vohrah
and Datuk N.H. Chan.
Abdullah acknowledged that the level of trust and respect for the judiciary was
no longer as strong as it was before.
"The business community, in particular, has voiced concerns about the fairness
and capacity of Malaysia's judiciary in settling disputes. This has directly
affected perceptions of our country's economic competitiveness."
He said the debates and arguments on the state of the judiciary have been heated
and protracted.
"Some of the Malay rulers have openly voiced their disquiet on what they see as
a decline, requiring nothing short of a judicial renaissance.
"Some retired judges have related troubling tales of impropriety. Politicians on
both sides of the aisle have called for reform of this most august institution.
"Even the Bar Council, true to form, has marched en masse outside my office."
Abdullah acknowledged that the 1988 events fuelled much of the disagreement on
how to move on, but he urged for closure.
"I can say with a clear conscience that I abided and will continue to abide by
the principle of separation of powers, leaving the matter of justice to the
judiciary."
When the prime minister finished his speech, the applause was long. And the
standing ovation was deserved.
A new dawn for the judiciary and for the country has begun.
Bar Council applauds move
KUALA LUMPUR: The Bar Council was over the moon when the prime minister
announced the impending formation of the Judicial Appointment Commission.
All the lawyers applauded loudly.
Council president Ambiga Sreenevasan said: "This is what we have been fighting
for for so many years.
"We are all delighted with the announcement."
She said no one needed to fear the formation of the commission.
"We can act quickly. Everybody's concern should be addressed.
"The judiciary should be consulted and I am sure we can suggest the appropriate
model for the commission."
But the loudest cheer was when Datuk Seri Abdullah Ahmad Badawi referred to the
1988 judicial crisis and gave details of how he wanted to bring closure to the
darkest hours of the institution.
"We are delighted with the statement on ex gratia. This is due recognition of
what happened in 1988.
"No one is pretending about 1988 anymore.
"Tonight, we called a spade a spade, so now we can move on."
On the issue of an apology, Ambiga said it was up to the judges to decide if one
was needed.
"For us, it is not a legal issue. We wanted a recognition that something wrong
happened in 1988. To me, that is enough."
1988 crisis triggered by 'Umno 11' after party polls
THE 1988 crisis can be traced back to the 1987 Umno election when 11 members
sought to nullify the party election results after the then Umno president and
prime minister, Datuk Seri Dr Mahathir Mohamad (now Tun), retained his post.
The 11 were supporters of Tengku Razaleigh Hamzah, who had
challenged Dr Mahathir for the presidency.
Their contention was the election results should be nullified since some of the
party's delegates came from branches which had not been registered under the
Societies Act.
Judge Datuk Harun Hashim, who presided over the case, decided in their favour
and declared Umno an "unlawful society",
In 2006, Tun Salleh Abas set out the incidents which he claims led to his
sacking.
He said he was called to Dr Mahathir's office following the "Umno
11" case and was accused of being biased in the discharge of his judicial
duties.
Salleh wrote to the then Yang di–Pertuan Agong on behalf of the judiciary,
expressing disappointment about accusations Dr Mahathir had made against the
judiciary.
In May 1988, Salleh was suspended and then chief judge of Malaya Tan Sri Abdul
Hamid Omar was appointed acting lord president.
Salleh was charged with misconduct before a tribunal chaired by Hamid.
Salleh filed a suit to challenge the constitutionality of the tribunal.
He also applied for an interim stay against the tribunal, but it was denied.
Meanwhile, then Supreme Court judges Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe
Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Sulaiman Pa–wanteh
and Datuk George Seah convened and granted Salleh his interim order.
This order was, however, set aside and on Aug 8, 1988, Salleh was removed from
the post of lord president.
The five judges who had granted the interim order against the tribunal were
suspended.
In October 1988, Wan Sulaiman and Seah were sacked while the three other judges
were reinstated.
Need to rebuild integrity of judiciary
KUALA LUMPUR: Malaysia will never again see judges punished and thrown into
ignominy and shame for doing their rightful job. This is the hope of Minister in
the Prime Minister's Department Datuk Zaid Ibrahim.
"I must tell you that when I was young, the movie that moved
me most was Love Story.
"It is where I felt, for the first time, that love meant never having to say
you're sorry.
"But we love you Tun (Salleh Abas) and make amends we will. We have to rebuild
the integrity and competency of the judiciary.
"We must have a backbone of men and women who are respected and capable to build
confidence in the legal system.
"The judges, too, must be prepared to be judged and be
subject to scrutiny.
"If we can do all this, then the pain and suffering of former judges will not
have been in vain."
Zaid, who was speaking at the Bar Council dinner last night, also thanked
members of parliament of Barisan Nasional and opposition parties who attended
the dinner yesterday.
"To introduce fundamental reforms, will not be easy but the country needs it and
the people want it.
"In today's political arithmetic, we may need the support of the opposition to
pass certain bills. We may even need to amend the Constitution.
"I also believe the prime minister can and will do all he can to soothe scars
and heal the wounds. I believe he can bring about a new kind of trust."
On the Bar Council, Zaid hoped that they would be able to work together.
"We will continue to have our differences. However, I don't always regard those
who have a different opinion from mine as my enemies. In fact, on many occasions
it is friends who betray.
"I respectfully trust that the Bar will continue to be a responsible critic, to
support where support is due, not to criticise but to help create.
"For many years, the Bar has been maligned by those who don't believe in the
rule of law. They have perceived the Bar as anti–government.
"We must remember the words of Tun Suffian who reminded us, the two essentials
of the rule of law, the independence of the Bar and the independence of the
judiciary.
"There is no other duty that is more honourable and close to my heart than a
role in the effort to shape a fair judiciary system."