I am calling this media conference to issue an Open Letter to the Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim that for the national interest and to restore public confidence in the judiciary, he should withdraw his application for six-month extension on his retirement at the end of the month and to give full support for a Royal Commission of Inquiry into the Lingam Tape.
This is my Open Letter to Tun Ahmad Fairuz:
Tun Ahmad Fairuz Sheikh Abdul Halim,
Chief Justice of Federal Court,
Malaysia.Dear Tun,
Withdraw application for six-month extension and give full support for a Royal Commission of Inquiry into Lingam Tape and to restore public confidence in the judiciary
I am taking this unprecedented step of issuing this Open Letter to ask you to act in the national interest and to restore public confidence in the judiciary by withdrawing your application for six-month extension on your due retirement at the end of the month and to give full support for a Royal Commission of Inquiry into the Lingam Tape.
Such an action on your part will avert a new constitutional crisis over your controversial application for a six-month extension as well as a new crisis of confidence in the judiciary.
Former Lord President Sultan Azlan Shah in his postscript to his book “Constitutional Monarchy, Rule of Law and Good Governance” (pp 399 — 401) in April 2004 had written:
“Sadly, over the past few years there has been some disquiet about the judiciary. Several articles have been written, and many opinions expressed, both internationally and locally, that the independence of our judiciary has been compromised. It has been said that there has been an erosion of public confidence in our judiciary.
“Concerns have been expressed that some judges were not writing judgments, or that there were long delays in obtaining decisions or hearing dates in certain instances. Further, the conduct of certain judges was being questioned in public…
“Whether these allegations are true, is not for me to say. However, having been a member of the judiciary for many years, it grieves me when I hear of such allegations. Since Independence, the early judges have always cherished the notion of an independent judiciary and had built the judiciary as a strong and independent organ of government. The public had full confidence of the judiciary and accepted any decision then made without any question. Unfortunately, the same does not appear to be the case in recent years.
“Whatever the situation, a judiciary may only be said to be independent if it commands the confidence of the public — the very public it seeks to serve. After all, statements made as to its independence by the judges, or even the politicians, do not measure public confidence in the judiciary. At the end of the day, it is this public perception that ultimately matters.
“It is my earnest hope that the Malaysian judiciary will regain the public’s confidence, and that it will once again be held in the same esteem as it once was held. In democratic countries, it is an independent judiciary that brings pride to the nation. Members of the executive and the legislature come and go, but an independent judiciary must remain steadfast forever, fulfilling the aspirations and ideals of the people. In the judiciary, people place their trust and hope.”
Sultan Azlan Shah’s critique of the parlous state of the judiciary is even more pertinent today than when he wrote it in April 2004, with the entire period falling your term as Chief Justice — a powerful reason why Tun should avert a constitutional crisis and a new crisis of confidence over the judiciary over the controversial application for a six-month extension.
Yesterday, the Bar Council website carried the following comparative data on the number of reported judgments written by the current Chief Justice, and his three predecessors, Tun Salleh Abas, Raja Azlan Shah (as HRH then was) and Tun Mohamed Suffian when they sat at the High Court, Court of Appeal and the apex court.
Without having to go into these comparative figures which reflects adversely on Tun, or the latest crisis of confidence ensuing from the Lingam tape scandal, the words of Sultan Azlan Shah reminding all that public confidence in the judiciary in the past 55 months when Tun had been Chief Justice had not only failed to improve so that “it will once again be held in the same esteem as it once was held” but had significantly taken a turn for the worse should be sufficient ground for Tun to save the country from another bout of a twin crisis of the constitution and public confidence in the judiciary.
I have forwarded a copy of this Open Letter to Ahmad Fairux c/o office of Chief Justice of the Federal Court, the Prime Minister Datuk Seri Abdullah Ahmad Badawi and the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz.
(Media Conference Statement in Parliament on Tuesday, 23rd October 2007)
Your intentions noble but unfortunately, such noble causes are lost on such people. Please don’t waste your time. The day when he DOES withdraw his application will be the day the sun rises from the west.
Ahmad Fairuz Sheikh Abdul Halim might reply: Thank you. I know what to do. My middle name is fair.
waste of time
All can only be removed by punishment and force.
Lock them in cages.
This CJ looks every bit like a political lap dog. Woof, woof..and get lost!
Greed of power and money is the most ugly side of human being! The shameful Ahmad Fairuz will only realise this the moment before his death.
This is why countries like Msia can be easily exploited, just like the Sauds.
It’s the last opportunity for him to do the right thing and be recognised for his contribution in the best interest of the country and her ordinary people……if there is any dignity, pride and courage left in him.
These type of Malays are those that really bring down their kind right to nothing.
Result and history repeats itself.
when one gets a job on merit, he is very concern of his performance and reputation and continuously tries to maintain or exceed expectations set upon him. But if one gets a job cos of pulling cables and favours, then he usually spends more time on these as they will keep him in that job as long as he plays the game.
so will our CJ retract the letter. No!! He knows all he needs to do is please a few than the rest of the rakyat and his tenure is secure. yes there is some kind of voice of the people now and his extension is not so easy as before. The good news is that his extension is in the hands of our Agong and not the PM or Nazri. If it was PM or Nazri, his extension will be a formality and 2 years IMHO opinion is a sure thing. Fortunately for us our Agong and the rulers are concern about the judiciary and the quality unlike the executive arm.
So Daulat Tuanku!! Hope your highness will listen to the voices out there and make a decision that is best for the country.
The CJ, as any criminal being sought by police would, has goneinto hiding. A clear admission of guilt. But he is a shameless man.
And conceivably Tun Ahmad Fairuz Sheikh Abdul Halim would respond and reply thus : –
“Dear YB Lim Kit Siang,
I am all for independence and integrity of the Judiciary. Why else had I taken the unprecedented step of castigating publicly judges who take bribes, judges who were often seen socializing with lawyers, prosecutors and corporate figures while hearing their cases in court and Judges who were constantly angry and foul-tempered that was featured on 24th March 2007 in your blog thread in this link – http://blog.limkitsiang.com/?p=92 ?
And you would recall I have also proposed sitting of 3 judges instead of 1 to hear a case : why? It would be deterrence as it would be more expensive and difficult to bribe all the 3 judges as compared to 1.
Whilst there is a grain of truth in what former Lord President Sultan Azlan Shah said – that “sadly, over the past few years there has been some disquiet about the judiciary†– especially in relation to 1988 events, much headway had been made to clean up the Judiciary and restore its former eminence during the time of my illustrious predecessor, Tun Mohamed Dzaiddin Abdullah.
At the time of his retirement after having served two years and three months at the helm of the judicial arm of the country, when asked what he would like to be remembered by, Tun Dzaiddin’s resounding words were, “the events in the judiciary after my appointment as Chief Justice have helped a great deal in restoring its image and reaffirmed the public’s trust and confidence. If I am to be remembered, I would like to believe that this is my intangible achievement as Chief Justice.” (see The Star Sunday, 23-Mar-2003).
And Tun Dzaiddin is a honourable man who holds high claims to public respect. Because of his achievement in cleaning up the Judiciary, he was afterwards (in retirement) appointed the Chairman of the Special Commission to Enhance the Operations and Management of the Royal Malaysian Police (that conceived the IPCMC).
Regarding the immediate controversy at hand, the honourable Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz had already made public my denial that I was ever the person that senior lawyer V.K. Lingam was speculated talking to in the now infamous 8-minute so called Lingam Tape.
The reason why I did not make the denial myself is rightly or wrongly my adherence to the time honoured principle that a judge should not directly be embroiled in public controversy and engage in public rebuttals of allegations no mater how unfounded they may be.
The fact that I have been equally silent and not denied what the honourable Minister said itself suffices as a denial against the unfounded allegations. My request for an extension of another six months tenure, as earlier planned, buttresses the fact of my innocence.
Dare I do this if I were really implicated? To withdraw my request now for a 6 month extension (as earlier planned) might be wrongly perceived as a vindication of those spurious allegations, not to mention insult the honourable minister that either he was lying or I lied to him.
As people trained in the discipline of law and respectful of the Rule of Law – as both you and I are – you will surely appreciate the time honoured presumption of innocence until proven otherwise guilty beyond reasonable doubt, which is a principle even a common snatch thief is entitled, let alone the Head of Judiciary.
Here there is a doubt whether the video clip is itself authentic, which is why the Haidar Panel was commissioned to ascertain, and only if that video clip were ascertained authentic with the identity of the person captured on camera established, then only would the next question arises, who was he talking to, a question no doubt could be answered when the relevant witnesses are then called.
Meanwhile let us not, in the interest of the nation and repute of the Judiciary, put the cart before the horse!
Any act on my part to now withdraw my request for a 6 month extension might be unwarrantedly misconstrued as an admission of guilt, which is not only unfair to me, personally, but unfair to our institution of the Judiciary which has been prematurely tarnished by virtue of the adverse inference drawn against me.
For these reasons, I must respectfully demur at your suggestion no matter how well intentioned on your part.
In fact the proper avenue to which your request that my six-month extension of tenure should be denied on grounds of national interest ought to be the Executive, not me. It is the government’s call whether or not to accept my service for another 6 months.
It is the government that is custodian and keeper of national interest. It is the government to whom you should direct your request – not me, since my position has been made known via the honourable minister that I am innocent of these calumnious allegations. You have basically addressed your request to the wrong party”. :)
And PS (post script) will be : “Ex-ISA detainee Abdul Malek Hussin’s victory in the Kuala Lumpur High Court last week – he was awarded RM2.5 million in damages for unlawful arrest and detention, and for being beaten up while in custody in 1998 – is indicative of independence of judiciary under my watch from executive interference”. :)
To paraphrase Henry II, “CJ, CJ; will no one rid me of this damned CJ?”
Its like asking CJ to commit harakiri. Malaysians dont do that. Only Koreans and japanese. CJ is keeping quiet whilst waiting for the politicians/business tycoons to extricate or clear him OR otherwise he will spill the beans.
Unce kit,
i’m a bit lost here. Previously you blogged about the haidar panel
The Haidar Panel has proved to be very “creative†in interpreting its month-long duration to complete its narrow term of reference to establish the authenticity of the Lingam Tape from Sept. 27 to 30 working days rather than 30 calender days – stretching its tenure to November 8, after the retirement of Tun Ahmad Fairuz as Chief Justice unless he gets an extension.
Why would Ahmad Fairuz want to extend his tenure? as this would only create public dicontent on the Lingam Tape. It sounds contradicting to me, on one hand the authority wanted to put the lingam tape matter in rest and on the other hand they try to extend Ahmad Fairuz tenure……
“Greed of power and money is the most ugly side of human being! The shameful Ahmad Fairuz will only realise this the moment before his death” justice_fighter
I don’t think so, you are looking at a case whereby the man is thinking taking everything with him, into the grave.
want to make a bet that butt mouth will answer on his behalf?
Doooon’t worry!!! Just say “I leave it to god”. Then say you are going to use the six month to improve the integrity of judges.
“Why would Ahmad Fairuz want to extend his tenure? as this would only create public dicontent on the Lingam Tape.” Chong Zhemin
If Fairuz extension as Chief Justice is approved by Agong, the controveries arising from the Lingam Tape no more controversy, the new controversy will be the Agong, Malaysians will ask why Agong extend the tenure of a corrupt Chief Judge, I suppose…
I personally admire a number of Malays who work extremely hard for their keep. I have toiled with them. It is a great pleasure to hear them speak of righteous living and to ensure that the money they use to put food on the table is through halal means to the letter. They also have spoken in public that the NEP intiated by UMNO is a hinderance to their excellence and in short the greatest disservice to the Malays. These are the people who are worthy of the title Towering Malays as envisaged by our PM Dato Badawi.
However look at the Towering Malaysia produced by UMNO..they need to have their positions broked by others not on merit. When the Top positions in the judiciary is done thro this process where can there be quality. There is a drop in the competency level in all branches of the government.. Look at the Cabinet ministers…Badawi, Nazri, Zam, Najib…..this is the begining of the rot…
After years of Auditor General’s report now the ACA has anounced some guys being investigated..some face saving…to show they mean biz…
Now, Fair..uz has got his position through a broker…TDM approved cos he sacrificed for then PM and country not for himself…So now TDM and all the brokers must defend him.. Well on his silence ..he is just living the ‘elegant silence’ of Bodowi.
Note Bodowi has lasted 4 years. Initially duped as a one term PM…he is now going for second term…..He pretends not to know..side step all important decisions…saying ‘I will study them’ and end result no decision…cos in the words of Rustam…dia pengecut
So no Royal Commission. Panel set by Najib no teeth…Oops Najib in Russia…must be brokering thro another …for the next range of weapons..
Come Thursday let’s see after DSAI (not that i am a fan of DSAI) reveals tape of 14 minutes 6 secs…OOps maybe as DSAI says somebody will break into his home or office to steal the tumb drive.
So end result ….no action…Fair..uz will have extension …retires, appointed to head a GLC…..and life goes on, while the messengers are crucified.
I wont be surprised like littlebird says ” I leave it to god”. Malays are the biggest hypocrites. Islam this and islam that. RPK says that and not me but I fully subscribe to it.
Chong Zhemin,
You’ve got to be very naive to be making this kind of observation:
“Why would Ahmad Fairuz want to extend his tenure? as this would only create public dicontent on the Lingam Tape. It sounds contradicting to me, on one hand the authority wanted to put the lingam tape matter in rest and on the other hand they try to extend Ahmad Fairuz tenure……”
If you were the CJ wouldn’t you want to extend your tenure to the maximum allowed. He worked ‘hard’ to get to where he is today.
Of course, the government realizes that its continued inteferance with the independence of the Judiciary has attracted not just public criticism and protest at home but has attracted a lot of attention internationally. What the Lingam Tape does is to obliterate any remaining shreds of integrity left. The dilemma now facing the government is if it cuts the tenure of the CJ by six months (which is what it would in effect be doing if it gives in to the public call that the CJ be retired when he reaches the mandatory retirement age), it amounts to an admission by the government that at least the allegation or some of the allegations made against the sitting CJ may well be true. True, extending the tenure of the CJ would not help end the controversy and the public protests lodged by interest groups like the Bar Council not to mention the strong public opposition mounted by political parties such as the PKR and DAP. On the other hand retiring the CJ when he reaches retirement age, is unlikely to end the controversy either. It is not all about the CJ and it is not that simple because it involves the rot, within the structure if you will, of the third pillar of government
The “Lingam Tape” matter as you refer to it, is not going to go away with the retirement of the CJ. Loonies, dumbwits though some of those who walk the corridors of power may appear to be to you but they do know this.
Kit, as leader of the Opposition is right about keeping the issue of the Lingam Tape alive in the minds of the voters when and as they take that short walk and long wait for their turn at the polling booths when the time comes. That time is fast approaching.
This “Open Letter” reminds me of the open letter written by Mahathir to the Tunku which was circulated widely among the undergraduates within the campus of the University of Malaya – except that this one is the first written by a leader of the Opposition, a politician to a civil servant and holder of the highest judicial office in the country.
It is unprecedented.
23rd October 2007
Open Statement by Mohd. Nazri Abdul Aziz
Minister in the Prime Minister’s Department
Putrajaya.
As the Minister in Charge of Laws and to whom the judges report to, I wish to make the following open statement in response to the Open Letter issued by the Hon. Leader of the Opposition.
1. Will the Opposition Leader supply the ORIGINAL copy of his Open Letter in its entirety to the ACA so that they can confirm its authenticity and therefore complete their investigations? The Cabinet will then decide whether to form a three man panel to look into the authenticity of this letter.
2. Tun Fairuz has telephone me to complain that you are interfering in his personal affairs and infringing on his personal human rights and privileges. His request for a six-month extension, he feels, is none of your business. It is a matter for one Mr. Lingam and Mr. Vincent to decide and arrange and for Encik Adnan to take up with the Prime Minister. Thereafter, the PM would be obliged to put up Tun Fairuz’s name to the King and the Council of Rulers for their formal approval as a routine matter at their next meeting.
Consequently, as Tun Fairuz’s Minister, I urge the Opposition Leader to cease and desist as you have no “locust standing†on this matter, so butt off. This of course does not prevent my judge to complain to SUHAKAM that you are “locust standing†on his rights and affecting his bread and butter. You are forewarned of possible “dire consequences†if you persist.
3. I wish to repeat my statement made recently that there is NO judicial crisis in this country. There has never been or will there ever be any crisis because I said so, so there! Any crisis is a figment of your imagination and of those “crazy lawyers†suffering from sunstroke. Next time march at night time and you won’t need any sun cream or suffer from brain damage.
4. Tun Fairuz and I also feel that there is also no need for a Royal Commission of Inquiry into the Judiciary as we are of the opinion everything is OK and above board. Never mind what others say, it is our opinions that will rule the day. So stop it will you? Your incessant calls for one are driving us all crazy. Go play with your grandchildren.
Mohd. Nazri Abdul Aziz
Bar Tender,
Lincoln’s Bar
Hey dawsheng and undergrad2,
thanks for your reply. I was assuming the government solve the lingam tape in their very BN way. CJ retired and case closed…. Seems that it doesn’t work out like this……
A person with pride and conscience will just resign without asking.
As for this CJ, looks like he has skin thicker than an elephant.
Q: What do you call a lawyer with an IQ of 12?
A: Your Honor.
Q. What do you call a judge with an IQ of less than 12?
A: Chief Judge
Q. What do you call a Chief Judge with an purported IQ of 12?
A: Ahmad Fairuz Sheikh Abdul Halim
Dear Kit,
Other than CJ issues, can you talk about other topics too? There are just too many pressing issues out there…
What about Zak the King of Port Klang?
What about PKFZ scandal?
How much Malaysia needs to pay for the cancellation of the incinerator plant?
What about the Malacca CM’s recent remarks?
Besides CJ, pls touch on other scandals too.
Pls make your blog more colorful and exciting to blog…
Tomorrow, the Prime Minister will be having an audience with His Majesty the Agong. The Prime Minister wants the Agong to approve the extension of the present Chief Justice, Ahmad Fairuz Sheikh Abdul Halim. His Majesty the Agong, however, refuses to agree to the extension.
http://malaysia-today.net/blog2006/corridors.php?itemid=9354
Abdullah Ahmad Badawi should get the election over and done with as soon as possible, preferably this year. Next year, the government will have to increase petrol prices, toll charges, and many other things as well. You will need at least six months after all these price increases before calling for an election to allow time for the voters to calm down and forget the pain of the price increases. …95% would be acceptable. But it must never be 80%, if not then Abdullah would be perceived as losing his grip. To get 95%, let alone 100%, in the present climate is impossible. Even repeating the March 2004 performance of 91% is dicey. 80% may be more like it; which means that the opposition will sweep at least 50 seats or so. And the opposition is currently well-placed in achieving that. 25 seats would go to PAS, 20 to DAP, and another 5 to PKR. That would be the bottom figure while the ceiling could be 30 seats to PAS, 25 seats to DAP and 8 to PKR, giving the opposition a total of 63 seats or almost 30% of the seats in Parliament. This result would mean that Kelantan would remain under opposition control while the ruling coalition will lose its two-thirds majority in the State Assemblies in Terengganu, Kedah and Penang
you have my Malay vote Uncle Lim
thanks sheriff singh for the news.. nazri said “I wish to repeat my statement made recently that there is NO judicial crisis in this country”..cheating himself? oh come on..the lingam tape is fake is it? such a crisis in japan or other coutries will leads to the resignation of the minister itself..(i wonder why our coutry got such a thick-skin CJ)..just get lost and play with your grandchildren at home..extend your tenure for what? the country dont need you!! F**K off
“Thanks sheriff singh for the news…” disapointed86
LOL. You’ve been had!
Korek, korek, korek. No case to answer, as videoclip cannot be authenticated.
Translated the above to read:
“Dig, dig, and dig”
Was V.K. Lingam issuing instructions to the present CJ? Did they know something we don’t?? This is what happens when two degenerates get together. All they talk about is digging and more digging.
By the way BN politicians’ battle cry for the coming GE is “Korek, korek, korek”.
BN’s slogan for the past 4 years has been “korek, korek, korek”. They try to disguise this with their “cemerlang, gemilang, terbilang” but they could not fool the people.
The spend at least US$20mil to send a space tourist for the sake of pride and have the gall to cry poverty of their kind. The excuse being that they can’t do without the pride and we all have to pay the price for it for historical reason.
This kinds of logic does not lend to public service and sacrifice. Service, sacrifice and honour is a convenience or at someone elses expense, not that of one own.
No at the core of it, its about a culture. Not saying there are no individuals which does not subscribed to it but its the exception rather than the rule and Fairuz is obviously no exception except for the unwanted kind.
What! you expect a man who has disdain for the very justice of which he is allegedly the chief proponent, to accept responsibility and resign.
A most pitiful replay of the 2004 Eric Chia and Kasitah Gaddam sandiwara for the coming GE
http://www.sun2surf.com/article.cfm?id=19733
“They spend at least US$20mil to send a space tourist for the sake of pride and have the gall …”
Again this is the legacy left by our former PM who today has retired gracefully and in the knowledge that his family, his grandchildren and their grandchildren need not have to struggle for anything they want in their lives for the next God knows how many generations.
While a source of pride for ordinary Malaysians the ‘boleh’ culture carries with it a massive opportunity cost.
What is the opportunity cost of spending some US$25 million on a space traveller?? Would the money not be better spent on funding poverty-eradication programs, medical services for the poor, free syringes for the drug addicts, helping the AIDS victims, housing for the poor etc.
Why is it so important to put a space traveller into orbit and with the Russians?? Could it be part of a larger deal earning ‘sweeterners’ for the consultants and middlemen i.e. companies which negotiated huge arms deals with the Russians worth billions?
Wait a minute! It is not about putting the first Malaysian into space! It is about politicians getting very rich in the process. Isn’t that all too familiar?
What a shame!
Powers-to-be do not seem to be managing (in terms of damage control) this 2nd judicial crisis that well. If they allow 6-month extension, this controversy, it will, instead of quieting down, extend as a hot issue right into the General Elections, to be called soon. There is also no certainty that Royalty will agree automatically to the extension. Predictably,the Malaysian Bar (many of whom are younger set) will organize a second march to Putrajaya. Their EGM scheduled on Nov 22 will pass resolution against present CJ and they would come out with something like boycott all hearings that he sits…..The Bar Council is also not helping or intimidated by the ACA’s quizzing to rein in its members. Neither is PKR’s defacto leader DSAI, who calls bluff their threat to arrest him. He says he would risk it. In fact I imagine Anwar, Sivarasa & Sim are probably hoping and coveting the ACA arrest them for not turning over the original video tape. It will be a political boon to PKR for the coming elections. How can – many may ask – the powers-to-be persecute Anwar twice, once during TDM’s regime and then now? He will become a martyr! It will seen as persecution because the fact that the ACA is sending the clip (not original) to Hong Kong for forensics amply shows that it can be authenticated independent of the original! Once these people are arrested, they are not going to jail the next day. There will pre-trial motions, defences being filed, postponements etc and international media circus will come in second round full swing to publicise the arrests, all to the detriment of the government in the period just prior to general election. Whereas the video clip is still now an issue only with the intelligentsia, civil society, opposition parties and those in legal fraternity, it will broaden down to the masses as a possible election issue if the arrests are carried out without the moral ground being on the government’s side!
Jeffrey:
It is more of a case of the government not having the b@lls to actually take the PKR officials to court. Thieves don’t wait for the moral high ground to appear.
I hear Anwar, Sivarasa and Sim are now sitting naked on ice at home to ready themselves for the torture they are about to receive. Sitting naked on ice is not classified as ‘torture’ by the Bush government. Bush calls it ‘the art of friendly persuasion’.
The Malaysian government is closely watching new developments in New York to see if the United Nations would change the definition of ‘torture.’
Malaysia might consider signing CAT (U.N. Convention Against Torture’) which she has refused to do so for so many years.
Did we have a “TUN” for a Chief Justice, or just a “NUT”?
ktteokt Says:
October 25th, 2007 at 08: 19.57
BN monkeys love “NUTs”.
Question: What does a certain CJ TUN see when he looks in the mirror?
Answer: NUT
:-)
Old Observer