Sin Chew Daily today reported from its sources that all the three members of the Haidar Panel established to determine the authenticity of the Lingam Tape had one common recommendation — to establish a Royal Commission of Inquiry.
If this is true, then the Prime Minister, Datuk Seri Abdullah Ahmad Badawi would have no option but to establish a Royal Commission of Inquiry or he would be facing his greatest crisis of confidence in his four years as Prime Minister.
Then the questions are the terms of reference and composition of the Royal Commission of Inquiry.
In such circumstances, the Prime Minister should undertake a proper and meaningful consultation with representative personalities and groups to ensure that the Royal Commission of Inquiry when established would not become another divisive issue, either because of its restricted terms of reference, controversial composition or procrastination.
Such a Royal Commission must have full and untrammeled powers to inquire into the deep-seated causes for the series of crisis of confidence in the independence, integrity and quality of the judiciary which have tainted Malaysia’s system of justice to one held in high international esteem and regard two decades ago to one looked askance nationally and internationally by all respectable jurists, legal and civic organizations.
Good. Let the show begin! ROYAL COMMISSION is what we want!!!
Pak Lah, got that!!!
YB Lim, that conclusion means the refusal of the 3-member panel associatng itself with what could be negative on the members. Their reputation remain intact but whose reputation is now in jeopardy?
Whoever AAB put in the new panel is another issue. It may or may not make another dent at his reputation, but the presesnt report if true, is a major plunge of his credibility. Maybe it is time for him to think carefully on what others say about him and the manner of his administration.
They should just do it instead of waiting for the 3 man panel. In fact they should have done it in the 1st place. But we know why they are afraid to do it…something to hide.No one in his right mind will not want a clean and independent judiciary. well except the something wrong Nazri. Isn’t Islam Hadhari keen on the truth??
YB Lim, I hope the report by Sin Chew Daily is true but I’m prepared to be disappointed.
“In such circumstances, the Prime Minister should undertake a proper and meaningful consultation with representative personalities and groups to ensure that the Royal Commission of Inquiry when established would not become another divisive issue, either because of its restricted terms of reference, controversial composition or procrastination.”
In such circumstances, in particular for it not becoming a divisive issue cause of its restricted terms of reference, controversial composition or procrastination, I don’t think Abdullah have the faculty to comprehend all of it. Yes, be prepared to be very disappointed.
This dim witted PM should have appointed an RCI right from the start instead of having to be told by Haidar and Co.
But please tell him not to appoint Eusoff Chin or Hamid Omar as members of the RCI. Then we go back to square one.
The reports are in their hands, do not forget it is they who call they shots. If they decide to come out and claim that no such recommendation was put in, who is to challenge it? The only people who can are those on the Haidar Panel in this case, and I don’t think they would.
Cross fingers and hope for the best outcome.
Filibust said:
If they decide to come out and claim that no such recommendation was put in, who is to challenge it?
The bar council and us, the rakyat, must have the courage to pursue this case to the end.
On the sideline;
Anyone knows how to access RPK and Ronnie Liu blogs?
50 years is ENOUGH
Vote For A Change
Vote For Any Opposition
Give Them A Chance To Change For A Better Malaysia
Remember bn Is A Useless Grouping Of Self Serving, Corrupt, Dictator, Power Crazy, Racist, Kris waving, etc, etc type of parties.
Don’t curse the PM yet. ZZZzzzzzz….
Lingamtape happened in 2002, during whose time?
It was Najib who tried to clean up the mess by appointing this panel to do the dirty job, but his 3 friends decided ‘enough is enough’, they are not going to take the rap and instead recommend a RCI. Now we wait for the official spin. ZZzzzzzz
These ‘ketinggalan zaman’ outdated bn politicians still think that they can sweep anything and everything under the carpet by just curbing the press & RTM. They forgot the power of the modern ICT.
They could throw the vijandrantapes away the last time but today, the lingamtape is all over the internet. How to blackout? In fact the success of the BERSIH MARCH can be attributed to the internet, blogs, sms and the mobile phones. All the govt media claims only 4,000 DEMONSTRATORS and VIOLENCE, but the internet shows 40,000 PEACEFUL MALAYSIANS and POLICE ARROGANCE, not to mention also the VILLAGE IDIOT (NAZI) and the MISINFORMATION STAMMER or ZAM-MER who cannot speak proper English. If the M2M as infor chief does not know how to use a computer (when making police report against RPK), what can you infer about the rest?
Now, if the PM still resists to set up a RCI, then we all curse him.
I wonder whether we can have ex-Lord President Sultan Azlan Shah to head the RCI. I think he will be the perfect candidate.
Can we propose that the members of RCI consist of the following Candidates:
1. HRH Sultan Azlan Shah
2. The just retired CJ
3. Tun Hanif Omar
4. Uncle Lim KS
atan, you must be joking.
The just retired CJ is the cause of the RCI. He should be the last person in the world to be in it. That fellow is immoral.
Politicians, by convention, will never be appointed into any RCI, so Kit is out.
As for Hanif Omar, no he is also tainted. Remember his role in Operation Lallang.
Comeon, there are many distinguished personalities in the country to be in the Commission. It’s whether the right candidates will be chosen.
would you really believe they would get distinguished persons for the royal commission? I would think they would get somebody of the m2m caliber.
After all look at the mongolian murder trial – even the spirit of the murdered will fade away from the agony of watching the incompetence dealing with the incompetence charade. An open shut case becomes another parody of justice
A Royal Commission of Inquiry has to be established just to determine the ‘authenticity’ of a video tape??
Something is not right with this picture.
undergrad2 Says:
November 14th, 2007 at 21: 42.54
A Royal Commission of Inquiry has to be established just to determine the ‘authenticity’ of a video tape??
Something is not right with this picture.
ya! agree..its not determine the authenticity of the video tape but to find out the culprit behind the lingam tape?
Islam Hadhari is only a shield for the powerful, who possess self-immunity that cannot be or will never be brought to justice. The people are all numbed and paralysed to the bone will all their hypnotic talks and promises blah blah blah.
Do you think he is going to come out in the open and say that there is something very wrong with the judiciary. Law enforcers have been used to abuse, torture innocent detainees, victims of the so-called law of malaysia and they have been blatantly let off the hook and/or given mild comfortable sentences.
The mud brained rakyat like us and the rest of malaysians should realise their ruse and their conniving plans to gain power again and let history repeat itself for another 50 long and arduous, painful and disastrous years.
Why dont we mudbrained people come together and make a change or rather clip their wings to reduce their avaricious flight plans.
LETS ALL MAKE A CHANGE ONCE AND FOR ALL
The Mongolian case like all other botched high profile cases is a comedy of justice with all the clowns performing ‘SANDIWARA’ in a royal court. I think the late PRamlee would have been a better performer if he had been alive and perhaps he would have made a movie of the present day justice ‘PENGHAKIMAN BUJANG LAPOK’ or whatever he may have coined. GOD BLESS HIS SOUL AND MAY HE REST IN PEACE.
On The Star:
Three named to study videoclip report
KUALA LUMPUR: Three senior ministers have been appointed to study the three-man panel’s report on the videoclip that showed a lawyer brokering judges’ appointments in a phone conversation.
The three, appointed by the Prime Minister, are Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz, Home Minister Datuk Seri Mohd Radzi Sheikh Ahmad and Culture, Arts and Heritage Minister Datuk Seri Dr Rais Yatim.
Nazri said they were given the task by the Cabinet due to their legal background and also because all three had been in charge of law affairs in their ministerial portfolios.
They would recommend the appropriate action to be taken at the next Cabinet meeting next Wednesday.
The Cabinet had also decided that each minister be given a copy of the report.
Nazri also said the three-man panel had submitted the report to the Chief Secretary, who in turn briefed the Cabinet on Wednesday.
“I can only tell you that the Cabinet was briefed but I can’t tell you what we were briefed on,†he said.
On talk that the panel had recommended the setting up of a Royal Commission of Inquiry, Nazri said he would have to read the report first.
The panel, comprising former Chief Judge of Malaya Tan Sri Haidar Mohd Noor, social activist Tan Sri Lee Lam Thye and former Court of Appeal judge Datuk Mahadev Shankar, was formed on Sept 25 to investigate the authenticity of the videoclip. It completed its report on Nov 6.
The cabinet today have yet to decide on the report from the Haidar panel…or in a plainer, easier to understand “our” language -they have yet to come out with another ridiculous excuse which stinks to the high ‘angkasa”!!! Guess the stress of looking for yet another (silly) excuse kind of took the toll on our de facto Law Minister as he looked kinda ragged and bedazzled on TV3 news today… Well that happens when you try to defend the indefensible. Come to think of it, Nazri nowadays begin to sound more and more like Musharraf..and …the former Saddam era Iraqi Foreign Minister, Comical Ali.
Well at least our distinguished DPM need not put up with this as he was in Singapore yesterday (Wednesday)….
Can it be really true, that the three members have independantly, recommended the setting up of a Rayal Commision of Inquiry. Oh Bravo! I owe them my apology, for I doubted that they would recommend the setting up of the RCI.
Now what is AAB our PM or his mouth piece, Nazri, going to say?
Probably they would say that there are “no suitable” people who could be appointed as members of the RCI.
How about Prof Emirate Khoo Kah Khim, as Chairman, Tan Sri Ramond Navaratnam, Retired Justice Vohra, Tan Sri Razali Ismail, amongst them.
But first, lets hope the report is true.
I won’t be surprised if they terms of reference is to VERIFY THE AUTHENTICITY of the Lingam Tape! = )
For those who are eligible to be a voter, we must register to fight for our right! Don’t ever think that 1 vote doesnt do much, all the votes are added 1 by 1. I have ask generally most of my friends or whoever close to me to go register and vote wisely this time round. If everybody ask people around them to register and vote, it really counts!
I’ve always being very interested in politics and I am so excited that finally, it is time for me to be eligible to exercise my right!
“Three senior ministers have been appointed to study the three-man panel’s report on the videoclip that showed a lawyer brokering judges’ appointments in a phone conversation.”
Who studies the 3 men appointed to study the report submitted by the earlier 3-man panel??
“What are they studying??” asks my son.
He further asks, “Why are these old men still studying. They never finished high school? When are they going to graduate.”
Until it is officially confirmed, lets not be carried away by Sin Chew Daily report. Maybe the 3 member Haidar Panel just said , “we cannot make a conclusive determination on authenticity of video clip because of the lack of witnesses coming forward, a problem we cannot resolve by reason that, unlike a Royal Commission, we have no legal powers to compel and subpoena witnesses to give evidence under oathâ€Â.
Strictly, this does not tantamount to he Haidar Panel’s recommending a Royal Commission – for to recommend such is outside its mandate confined to ascertaining the clip’s authenticity – but obliquely, by implication, it may, however, be construed as indirectly suggesting one if the objective were still to ascertain authenticity of video clip.
“…//….They should just do it instead of waiting for the 3 man panel…//…†– Rocky. In customary incisive straight-to-the-point style, what Rocky said is correct but the Question remains – even if it were better than Haidar Panel in terms of (i) having been vested legal powers to compel witnesses (ii) more flexibility in terms of determining its own terms of reference for enquiry (including extending beyond authenticity of video clip to perhaps fixing of judicial appointments and judiciary’s independence), one has to remember that how wide the scope of (ii) and how “independent†the Royal Commission is will very much depend on who is appointed by Yang DiPertuan Agong (“YDPAâ€Â) to sit on it.
Up to now everyone has implicitly assumed that YDPA will appoint internationally respectable jurists, leaders of retired legal and civic organizations or distinguished ex judges or lawyers to sit in the Royal Commission. Is this a valid assumption? From who does YDPA seek advice on possible candidates? Ideally he confers with HRH Sultan of Perak Sultan Raja Azlan Shah but what if he does not? And what if he is advised that the Constitution requires him to seek the advice of the government and (for the sake of argument & dramatization of a point here) the government comes out with an unthinkable list – the same Haidar Panel members (Tan Sri Haidar Mohd Noor, Ex Judge Datuk Mahadev Shankar and Tan Sri Lee Lam Thye) with Tun Hamid (as suggested by Atan) and Tun Eusoffee Chin thrown in?
Let’s take the last Royal Commission that investigated the beating of Datuk Seri Anwar Ibrahim received in police custody by now-resigned inspector-general of police, Tan Sri Abdul Rahim Noor. I remember the chairman was former chief judge of Malaya Anuar Zainal Abidin, there was also ex-attorney-general Tan Sri Abu Talib Othman and another. Then the Royal Commission members were also officially appointed by YDPA but who can categorically say that it was not on the advice and nomination of then premier Tun Dr Mahathir Mohamad that ended in Rahim Noor given a comparatively light slap on the wrist?
Complex constitutional points are involved here. If you read RPK’s blog, you’d know that he has done all the legal research and has concluded that the YDPA has personal discretion under Article 40 to act on three matters – (a) the appointment of a Prime Minister subject to him being wakil rakyat and commanding majority confidence of the Dewan Rakyat (b) withholding of consent to a request for the dissolution of Parliament and (c) the requisition of a meeting of the Conference of Rulers concerning solely issues pertaining to the privileges, position, honours and dignities of our Rulers.
On all other matters the YDPA is constitutionally required to act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution.
So what happens if it is advised to YDPA that the question of who shall sit in the Royal Commission is a matter that is not within (a)(b) or (c) above (expressly provided by the Constitution) and hence will fall under the general area by which he has to accept the advice of the cabinet or even Datuk Seri Nazri Aziz or Datuk Seri Zainuddin Maidin acting under the general authority of, and delegation from the Cabinet or the PM?
To argue that YDPA has residual powers outside and before constitutionalism in 1957 is at best an argument only – it being equally plausible to argue that because of constitutionalism that made the position of YDPA no more that of an absolute monarch, HRH has no such residual powers and he has therefore to act as provided strictly by the constitution, which, in turn, based on interpretation of Article 40 appears that, on matter of Royal Commission, he has to act on the advice of the government of the day!
This being the case how much more independent can the Royal Commission get as compared against the Haidar Commission?
Yes the RC has more legal powers to investigate but what the RC investigates, how wide the scope of enquiry is also dependent on how its members determine its frame of reference and how independent the RC members are from Executive influence.
And how independent are they if YDPA has, in relation to their appointment, to take the advice from PM or even (for exaggeration purposes) Nazri or Zam if they are delegated such advisory role by the cabinet?
Our call for the RC would all become a Shakespeare’s Much Ado About Nothing – and this may be the sole reason, if ever there were one, why the government could concede the civil society’s demand for Royal Commission. It has nothing that much more to lose! In fact it has much more to gain by telling everyone, now there’s no need for further Bersih demonstration!
If this is true, its no wonder they hessitate to make the report public.
It looks like the panel in the end is concern about their place in history as well as not being caught in a maelstrom should the issue get worst in the public. They must have regretted taking on the job!!!!
I still wonder what they say about the authencity of the tape? If they recommend a RCI, they must have said the tape was authentic which everyone knows is already.
Is there such thing as ‘guilt by hesitancy?’. I think with UMNO its by default given their overwhelming advantage…
“Such a Royal Commission must have full and untrammeled powers to inquire into the deep-seated causes for the series of crisis of confidence in the independence,….”
Mind me but isn’t this asking the impossible to be possible?
The BN govt is just delaying this issue. Buying time! They are trying very hard to get out of this mess. Top 2 in UMNO have different opinion and as long as there is no political will, we will remain in a state of denial along with the sleepy head!
UMNO is cornered and very soon UMNO can be irrelevant in Malaysia.
BERSIH!
Makes me wonder … , is it another “sandiwara” for the sake of gaining some support, say, the coming GE …
Voice Says:
Quote from The Star:
“Three senior ministers have been appointed to study the three-man panel’s report on the videoclip that showed a lawyer brokering judges’ appointments in a phone conversation.”
It seems this is a delaying tactic used to hold the issue off until the GE is complete.
Worse than that! Nothing will come out of this since they’ve decided that it is not ‘authentic’ whatever that means. It’s not only to delay but to cast a smokescreen, creating an appearance of accountability etc. They are making a mockery out of the values we hold i.e. freedom, equality, accountability, transparency, good governance etc.
It is time to take back the power from a group of individuals who have long lost the legitimacy to govern. If ‘change’ cannot be facilitated smoothly and through constitutional means, we need a couple of Che Guevaras to do the job!
But first what is needed is an incident which would mobilise popular support against this run-away government run by these gooks. Let’s hope they provide us with that ‘incident’ soon. Alternatively, we need to create it.
What about all the judgment that the CJ have made ? Will all his judgment be re-evaluated on legal grounds should the RCI finds that there was corruption ?
PAS, PKR and DAP finally get it together and won the elections. Then they start rounding up corrupt politicians to execute. A firing squad is convened and KJ, Nazti and Dolah are all marched to a wall to be shot.
As the firing squad are loading their guns, KJ thinks, “I’ve got to cause a diversion so I can get away.” He yells “Oh, no! A TSUNAMI!” and points behind the firing squad. As the idiots turn around to see if there is a tsunami approaching, KJ jumps over the wall behind him and runs away.
The firing squad turns their attention back to the two men who are left. Nazti quickly observes how well KJ’s ruse has worked and yells “God, EARTHQUAKE!” As the firing squad frantically looks for a place to take cover, Nazti jumps over the wall and he too escapes.
The firing squad resumes their stance and proceeds to take aim at a trembling Dolah. Dolah, believing that he, too, can create a diversion, frantically searches his mind for another natural disaster to use. Smiling to himself, he yells “Help, FIRE!”
If what NST said today is true, then I take back all I said about the commission, predicting that they would behave like the ACA boot lickers who said the authenticity cannot be established. NST reported that the commission members all opined that the clip is authentic as almost all who viewed it thought.
I would say to them: well done, you threw the ball back to AAB.
They are playing for time.
It is more than a month since the recording was exposed, nothing concrete has been done. Even Pak Lah is studying to see whether it is of public interest! My God!!! Match fixing is already a serious crime. Here judge fixing and by extension judgement fixing is even more serious. Pak Lah, kindly go on sleeping.
Now they appoint another three persons to study the tape. This will take another 1 month at least.
By then everything is forgotten!!!!
Well done! Three senior members to look into the report. After that, the will form a committe to study the report on the report. Then they will hand over to the AG who is still busy with IPMC. So we have to wait for IPMC to come out fisrt. By then, of some will diw, some will retire and some will migrate.
It is definetely a win win situation.
why must have another 3 member-panel?
no logic…what’s the purpose of the royal commisioner then?
they’re just delaying the whole issue…
they’re hiding the truth from the public…
they’re the real pondans of the public not the opposition…
is there a need for 3 seprate reports for the tape??…or is there something that needs to be cover up first?
speak up pondans-bn…
that is why Anwar was holding back the later part of the videos instead of releasing everything at once…
For sure the BN goons will be using delay tactics as usual (they have no other tactics) and soon everyone will forget about it… then anwar will release a little bit more of the video tape to keep everyone’s attention up.
that would be the main reason why BN would want Anwar to release all the videos out as soon as possible so that the time to forget can start earlier… too bad anwar does not release everything so fast… hahaha…. BN is caught with their pants down this time!!!
It’ll probably take another few years to settle the report. That’s how effective BN government is. Fews years later, they just buat bodoh and slowly it will fade away.
They know the weakness of humans. Humans are forgetful.
This method had been used since 50 years ago. Really sad to hear this. Hope our YDMM Yang Di-Pertuan Agong can make some changes to this.
All the best to Malaysia. TIME TO CHANGE!
If Sin Chew reported the truth.
Nasti might say : arrest the reporter.
If Sin Chew reported not the truth.
Nasti might say : ban the press.
If AAB said want to listen only to the truth.
Najib might say : consider arrest AAB under ISA !
“..why Anwar was holding back the later part of the videos instead of releasing everything at once…” ahkok
Anwar is merely saving best for last.
NST, Sin Chew – did you say “scoops” by these pro-government, Govt-linked, govt-obeisant newspapers?
No, they were leaks to appease a raging public outraged by the rape of nothing less than the third pillar of the govt i.e. the Judiciary. {Someone once said there was once a Chief Minister who’d even rape a pillar with a frock!} But when the Judiciary is raped, it is more than a pillar that hurts. The very foundations and torso of society vibrates, shakes and crumbles to its knees.
Why is PM AAB silent on such a critical issue? He should demonstrate he is in control instead of letting Najib mouth pleasant pieces of ‘sweet-nothings’ to the public.
I take issue with yet another leak to the press as if there aren’t enough leaky problems already. What the PM must do is GET REAl, WAKE UP, STAND TALL, SPEAK UP, MAKE SENSE & TALK STRAIGHT. Not all those inconsequential, sermonic, bisyllables of ‘tak tahu’.
How to inspire a civil service when the very top uses “tak tau” as a valid answer. Things get more and more surreal but it’s Bolehland, no less.
Not knowing has never been a legal defense to anything.
YB, it looks like this committee has a conscience. Could it be the case that in the past, with TDM breathing down their necks, they had to act as guided; now with all these comments by the public, they could feel it. Hence in a way, our efforts here do have some influence. During ‘those days’ whenever some rich guys or ‘datuks’ were involved ,there would be bets in our kopitiam on the outcome of the cases; and those sinister bettors seem to win in many cases. This is the amount of respect they hold for a number of our judiciary officers!
We hope that such stand is a new begining for this country