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Scraping the bottom of the barrel for judicial talent

How to judge a judge
– a talk given to the Perak Bar on 7 March 2009 –
by N. H. Chan

The judge’s craft

Before anyone can hope to be able to judge a judge it is essential that he should know about his craft. It is only when you know of the judge’s craft that you will be able to judge the performance of the judges: it is only then that you will know the difference between the good and the bad judges. But before you go about judging them, remember the words of the most liberal of American judges, judge Learned Hand, who once wrote:

“… while it is proper that people should find fault when the judges fail, it is only reasonable that they should recognise the difficulties. Perhaps it is only fair to ask that before the judges are blamed they shall be given the credit of having tried to do their best. Let them be severely brought to book, when they go wrong, but by those who will take the trouble to understand. (Leaned Hand, The Spirit of Liberty, at page 110)”

So do take the trouble to understand, then, you may severely bring the judges to book whenever they go wrong.
Continue reading “Scraping the bottom of the barrel for judicial talent”

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Sedition charge against Karpal

(The following is the charge preferred against DAP National Chairman and MP for Bukit Gelugor Karpal Singh under Sedition Act 1948 at the Kuala Lumpur Sessions Court on Tuesday 17 March 2009)

DALAM MAKAMAH SESYEN DI KUALA LUMPUR
KES TANGKAP NO:
PENDAKWA RAYA
LAWAN
KARPAL SINGH A/L RAM SINGH

Pertuduhan

Kamu didakwa atas kehendak Pendakwa Raya dan pertuduhan terhadap kamu ialah:

“Bahawa kamu pada 6 Februari 2009 jam antara 12.00 tengahari dan 12.30 petang di Tetuan Karpal Singh & Co yang beralamat No. 67, Jalan Pudu Lama, dalam Daerah Dang Wangi, Wilayah Persekutuan Kuala Lumpur dalam satu sidang akhbar telah menyebut kata-kata menghasut (transkrip ucapan dilampirkan sebagai LAMPIRAN ‘A’ kepada pertuduhan ini dan kata-kata menghasut digariskan); dan oleh yang demikian, kamu telah melakukan satu kesalahan di bawah seksyen 4(1)(b) Akta Hasutan 1948 (Akta 15) dan boleh dihukum di bawah seksyen 4(1) Akta yang sama.”

Hukuman

Kamu boleh, bagi kesalahan kali pertama, didenda tidak melebihi lima ribu ringgit atau dipenjara selama tempoh tidak melebihi tiga tahun atau kedua-duanya, dan bagi kesalahan yang kemudian boleh dipenjara selama tempoh tidak melebihi lima tahun.

Bertarikh pada 16 Mac 2009
PENDAKWA RAYA
[signature]
(TAN SRI ABDUL GANI PATAIL)
PENDAKWA RAYA
Continue reading “Sedition charge against Karpal”

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Karpal charged with sedition for saying Sultan can be sued

By Debra Chong
The Malaysian Insider
17.3.09

KUALA LUMPUR, March 17 – DAP chairman Karpal Singh was charged this morning with sedition for saying Datuk Seri Nizar Jamaluddin’s removal as Perak menteri besar by Sultan Azlan Shah could be questioned in a court of law.

The veteran lawyer-politician was charged at the Sessions Court here before Judge Mohamad Sekeri Mamat under Section 4(1)(b) of the Sedition Act 1946.

Karpal is further accused of several other seditious statements related to the entire Perak constitutional crisis which began a month ago.

He is accused of committing the crime during a press conference at his law firm here on February 6.

A partial transcript of the press conference, which formed the basis for the charge, was read out in open court.

Among the underlined statements, which are allegedly seditious are:
“With that ruling of the federal court which has stood the test of time for 32 years beyond a pale of a doubt, the Sultan of Perak has contravened Article 16(6) of the Constitutions of the State of Perak,” referring to a 1977 Federal Court decision that the King had acted beyond his authority in confirming three detention orders under the Emergency Ordinance.

“Clearly the Sultan of Perak cannot invoke his powers under Article 16(1) which states [His Royal Highness shall appoint an Executive Council] to appoint a Barisan Nasional Executive Council with a new Menteri Besar and a new government. The Government of a Menteri Besar Dato’ Haji Nizar bin Jamaluddin still had constitutional supremacy and legitimacy. The actions of the Sultan of Perak are clearly, premature.” Continue reading “Karpal charged with sedition for saying Sultan can be sued”

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How to judge the judge?

by N. H. Chan

In The Sun newspaper, March 4, 2009, I read on page 1 this alarming report:

“Ipoh High Court grants injunction sought by Datuk Dr Zambry Abdul Kadir and the six State Executive Councillors to stop speaker V. Sivakumar from convening any state assembly sitting.
Court also ruled that Sivakumar’s five lawyers have no legal standing to represent him in the case filed by Zambry to seek a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful.”

The arrogance of a novice judge

I must say I was taken aback by the astonishing ruling of the High Court judge. The full report is on page 6 of the newspaper. There I find that the judge was Mr Ridwan Ibrahim, a judicial commissioner. He ruled that the lawyers “engaged by Sivakumar had no locus standi to represent him in an application by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir, who is seeking a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful”.

Sivakumar’s leading lawyer was Mr Tommy Thomas, and I quote from the newspaper of what he said: Continue reading “How to judge the judge?”

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Ronnie Liu charged – third political trial after 308 political tsunami

I was at the Petaling Jaya Magistrate’s Court 3 where DAP Selangor State Exco member Ronnie Liu was charged with a new-fangled offence – abetting in the obstruction of a public officer in the carrying out of his duty without the alleged principal offender being charged.

If convicted, Ronnie will be liable to the penalties of the parent charge of Section 186 of the Penal Code on obstruction of a public officer in carrying out his duties, i.e. RM10,000 fine, two years jail or both. This can lead to forfeiture of Ronnie’s position as Selangor State Assemblyman and Exco member and disqualification from standing for any elective office for five years.

Ronnie’s charge is the third political trial after the March 8 political tsunami, after blogger Raja Petra Kamaruddin for criminal defamation and sedition and Datuk Seri Anwar Ibrahim for sodomy.

Clearly, the Barisan Nasional leaders have neither heard the message nor learn the lessons of the March 8 “political tsunami” which, in the relevant case, is that there should be no more political trials in the country. Continue reading “Ronnie Liu charged – third political trial after 308 political tsunami”

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Irene Fernandez: The Best or Worst of Malaysia?

by Suzette Standring
November 2008
Huffington Post

It is a textbook case of laws being used to crush critics of governmental operations. Malaysia may be 9,296 miles from the United States, but the theme of authorities seeking to silence protest is a universal one. Thus when such a bell tolls, it can toll for thee.

The criminal appeal of Irene Fernandez, age 62, begins (Oct. 28-30) at the Criminal High Court in Kuala Lumpur. It is the longest running legal attempt in Malaysian history to punish a bearer of bad news. In August 1995, Fernandez made public her report, Abuses, Torture and Dehumanised Treatment of Migrant Workers at Detention Centres. It was based on interviews with 300 detainees, each of whom Fernandez spoke with in her role as director and co-founder of Tenaganita, a non-governmental organization (NGO) in Kuala Lumpur that has worked to protect the rights of foreign workers since 1991.

She gave voice to bloodied and abused immigrants held in centers pending deportation. Unspeakable filth, dehydration and rape of children were part of her documented report. In 2003 she was convicted of “maliciously publishing false news,” under Section 8A(2) of the Printing Presses and Publications Act (1984) – even though the Malaysian government did admit to 46 detention-center related deaths. Continue reading “Irene Fernandez: The Best or Worst of Malaysia?”

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Game’s Up, Gani, Time To Go!

By Martin Jalleh

Lady Justice haunts and hounds Bolehland’s Attorney-General (AG) Abdul Gani Patail over his hidden hand in Anwar Ibrahim’s trials 10 years ago. The skeletons in his cupboard hang out. He can no longer hide behind the skirt of the Executive. The naked truth has caught up with him.

The latest expose on the AG having abused his power to fabricate evidence in Anwar’s trials was made by Lim Kit Siang in Parliament yesterday (Malaysiakini, 15.10.08). The veteran politician likened Gani to a “criminal” and demanded that he “resign immediately”.

Quoting unnamed sources, Kit Siang said that he understands that solicitor-general Idrus Harun had carried out an investigation into the claims (in a police report filed by Anwar) in July and “has concluded that the AG had indeed abused his power to fabricate evidence” against Anwar.

Several days before Kit Siang’s revelation, the public got to hear the startling claims by Mat Zain Ibrahim, a retired senior police officer who probed the infamous “black eye” incident involving Anwar in 1998, on Gani having allegedly tampered with evidence in the case (Malaysiakini, 10.10.08). Continue reading “Game’s Up, Gani, Time To Go!”

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Gani owes public apology to Batu Caves 31 for travesty of justice of total incarceration of 403 days

The Attorney-General Tan Sri Gani Patail owes the Batu Caves 31 who were unjustly incarcerated for 13 days and their families a public apology for the sufferings and hardships they should not have been made to go through.

Gani’s explanations why he dropped the charges of attempted murder against the Batu Caves 31 in the Shah Alam Sessions Court underline the grave injustice which the Attorney-General had caused the 31 with the ridiculous charge of attempted murder and collective punishment of the 31 with the denial of bail for 13 days, resulting in a number of victims losing their jobs.

Two reasons had been given by Gani.

Gani said: “We can’t pinpoint who exactly did it or rather who was the one who threw the brick at the person who was badly injured”. If so, why did he charge the 31 with the capital offence of “attempted murder” with the maximum sentence of 20 years’ jail and fine, and what’s worse, denying bail to them for 13 days on a completely baseless contention of their being threats to national security! Continue reading “Gani owes public apology to Batu Caves 31 for travesty of justice of total incarceration of 403 days”

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Challenge to AG/IGP to substantiate or withdraw terrorist charges against Hindraf

I just came back to Parliament from the Shah Alam Sessions Court where the Attorney-General, Tan Sri Abdul Gani Patail as expected dropped the attempted murder charge against the Batu Caves 31 after being incarcerated for close to two weeks on the ground that they are “national security” threats.

Of course I welcome the Attorney-General’s change of mind and the withdrawal of the charge of attempted murder of a policeman preferred against the Batu Caves 31 – as I had right from the beginning called on Gani to drop the charges of “attempted murder” against the 31 as well as the manhunt for another 30 on the same charge of attempted murder, as it would precipitate a new crisis of confidence in the administration of justice over selective and malicious prosecution in the abuse of the Attorney-General’s discretionary prosecution powers.

However, I am still very disappointed by Gani’s conduct in the Shah Alam Sessions Court.

Although the charges against five students for causing mischief and illegal assembly were also dropped (and they should never have been charged in the first place), the charges of causing mischief and illegal assembly against 26 remained, with their case adjourned till December 27 for sentencing following their guilty pleas this morning.

The very fact that Gani had to drop the capital charge of attempted murder against the Batu Caves 31, (which also means the abandonment of his intention to charge 30 others with the same capital offence) – which could land the guilty with a sentence of life imprisonment – is proof that the Attorney-General had abused his powers in preferring such capital charges in the first place.

It raises the question as to the real motive of the Attorney-General in abusing his powers in slapping the Batu Caves 31 with such a serious charge when there is no basis or justification whatsoever.

The two-week incarceration of the Batu Caves 31 who were denied bail on the ground of being “national and security threats” remains a blot on the nation’s administration of justice and the tenure of Gani Patail as Attorney-General. Continue reading “Challenge to AG/IGP to substantiate or withdraw terrorist charges against Hindraf”

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Call on AG to agree to bail for 31 Hindraf protestors – emergency debate in Parliament on Monday

I have this morning given notice to the Parliament Speaker, Tan Sri Ramli Ngah, to move an emergency motion on Monday on the allegation by the Inspector-General of Police, Tan Sri Musa Hassan, that Hindraf is linked to terrorists and is canvassing for support from terrorist groups.

It will be Malaysia’s misfortune and tragedy if the government’s sole concern is to indiscriminately demonise the Hindraf leaders over their allegations of “ethnic cleansing” and genocide of Indians in Malaysia which were not the reasons for the 30,000-strong Hindraf demonstration in Kuala Lumpur on November 25 and use them as excuses to completely disregard the legitimate grievances of two million Malaysian Indians at their long-standing marginalization as Malaysian citizens.

I am shocked at the Attorney-General’s role in the escalation of such “denial-and reprisal” response — belatedly charging 31 Hindraf protestors for the capital offense of attempted murder of a cop and objecting to any grant of bail, resulting for all intent and purpose of their being immediately jailed in Sungai Buloh prison indefinitely for months on end until the end of the trial.

If this is not a travesty of justice, I do not know what is!

Tan Sri Gani Patail must know that as Attorney-General, he is the chief legal officer not only of the government but for all 27 million Malaysians and he must not act in any vengeful, vindictive or bullying manner — something which he seemed to have forgotten in the past two days in his appearance in court over the prosecution of the Hindraf protestors.

I urge him to reconsider his objections to the granting of bail to the 31 protestors and to agree to their release on bail pending trial and to take the personal initiative to submit such an application to the court — or he will be doing a great injustice and disservice not only to the public image of the Attorney-General’s Chambers, but to popular support for the Barisan Nasional government. Continue reading “Call on AG to agree to bail for 31 Hindraf protestors – emergency debate in Parliament on Monday”

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Why AG appeared for charging 26 Hindraf supporters but did not appear for Altantunya murder trial?

The personal appearance of the Attorney-General Tan Sri Abdul Ghani Patail at the Shah Alam Sessions Court yesterday to lay charges against 26 Hindraf supporters for attempted murder of a cop has raised many question.

The first question is why Gani Patail thought it important to appear on an attempted murder charge when he never thought it important to personally handle the high-profile Mongolian Altantunya Shaariibuu murder trial on its 66th day of High Court trial in very same court building in Shah Alam, although the murder trial of the Mongolian woman has far-reaching national and international implications in view of ramifications reaching to the highest government level?

Yesterday, the Shah Alam High Court was told that plastic explosives were placed on three parts of Altantunya Shaariibuu’s body — her head, chest and lower abdomen — before she was blown up when the explosive were detonated simultaneously by using a single detonator connected to all three parts.

Secondly, questions arising from one of disbelief that as many people as 26 people are being charged for the attempted murder of a cop injured in the Batu Caves fracas in connection with the Kuala Lumpur Hindraf demonstration on November 25 , a charge which entailed a maximum 20 years’ jail with fine for the 26 persons.

If the Attorney-General succeeds in his prosecution and in securing maximum sentence, Malaysia will create world history in getting the most number of people sent for life sentence for the attempted murder of a cop — but what a world record!

These troubling thoughts raise the further question as to the real motives of the re-arrest and new charge of attempted murder for 26 people — and whether this is conducive to the larger national objective to de-escalate the tensions caused by the long-standing marginalization of the Malaysian Indians and highlighted by the 30,000-strong Hindraf demonstration on November 25. Continue reading “Why AG appeared for charging 26 Hindraf supporters but did not appear for Altantunya murder trial?”

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Lingam Tape – MCA Ministers can undergo lobotomy or behave like traditional three monkeys, do not mean public must follow

Deputy Internal Security Minister Datuk Fu Ah Kiow in Kuantan yesterday asked all parties to refrain from speculating on the video clip of a lawyer allegedly brokering the appointment of judges, saying it was unwise to make assumptions or draw conclusions without solid evidence.

He repeated the nonsensical line: “The video clip merely shows a telephone conversation between the lawyer and another person. We don’t know exactly what they are talking about.

“Therefore, we should not arrive at a conclusion before police conclude their investigations.”

In the first place, it is very clear as to the matters that were talked about in the Lingam Tape.

Secondly, matters adverted to in the Lingam Tape is not just about brokering the appointment of judges but the wholesale perversion of the course of justice, polluting and contaminating not only the present administration of justice but the whole system of governance.

Thirdly, if MCA Ministers want to undergo a lobotomy or behave like the traditional three monkeys of having eyes that see not, ears that hear not and mouths that speak not, there is no reason why Malaysian citizens should emulate them.

Only yesterday, the Bar Council emergency meeting called for the immediate establishment of a Royal Commission of Inquiry to investigate into the Lingam Tape and the rot in the judiciary since 1988. Continue reading “Lingam Tape – MCA Ministers can undergo lobotomy or behave like traditional three monkeys, do not mean public must follow”

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Lingam Tape – why PM’s one-sided threat if not authentic but nothing about action to be taken if true?

The initial one-sided response of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to the Lingam Tape, which has plunged the country into a new crisis of confidence in the independence, impartiality, integrity, accountability and professionalism of the Malaysian judiciary — both national and international — is a great disappointment compromising the neutrality and impartiality of his high office.

Abdullah said yesterday that he had directed the police to immediately start investigations into the Lingam Tape as it was important to act quickly because the content of the clip could tarnish the image of the country’s judiciary.

He said: “We cannot treat this lightly. We will act fast to determine the truth.”

He said that if investigations revealed that the claims were false, action would be taken against those who were trying to undermine the judiciary as the video recording would invoke public anger and hatred towards the judiciary.

He said at this juncture, the question of setting up a Commission of Inquiry did not arise as the allegations in the video clip had yet to be proven as authentic.

All right-thinking Malaysians are mystified and upset by the Prime Minister’s response and have one question — why is Abdullah threatening dire consequences if the Lingam Tape is not authentic but said nothing about action to be taken if it is proven true?

Abdullah’s initial considered response 48 hours after the public surfacing of the Lingam Tape does not inspire public confidence that the Prime Minister would rise above the fray and be absolutely neutral and impartial in handling the latest scandal of the Malaysian judiciary.

He is right when he said that the Lingam Tape has yet to be proven as authentic, but on the other hand, 48 hours and now 72 hours have passed since its public disclosure had elapsed and its authenticity has not been challenged — neither by Lingam nor Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim, purportedly the other party in the telephone conversation recorded in the Lingam Tape.

The Prime Minister’s reaction is only valid and justifiable if he had received intimation from Fairuz denying the authenticity of the Lingam Tape as without such a denial from either Lingam or Ahmad Fairuz, Abdullah risks compromising his high office in staking a position which gave full status quo backing to the Chief Justice. Continue reading “Lingam Tape – why PM’s one-sided threat if not authentic but nothing about action to be taken if true?”

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AG’s comments on Lingam Tape outrageous – is he for judicial independence, integrity, accountability?

The comments by the Attorney-General Tan Sri Abdul Gani Patail that “no criminal offence appears to have been committed” in the Lingam Tape and that senior lawyer V.K.Lingam “was in a monologue over his mobile phone and it was unclear who he was talking to” (New Straits Times) were most outrageous and raise important questions, viz:

  • his understanding of and commitment to judicial independence, integrity and accountability; and
  • his fitness to continue as Attorney-General.

How can the chief legal officer of the government try to minimize the gravity of the judicial misconduct exposed by the Lingam Tape and shirk off his responsibility by claiming that Lingam was in a monologue as “There is no clear reference that he was talking to a top judicial officer”, when Anwar Ibrahim’s allegation that Lingam was talking to Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim sometime in 2002 when he was Chief Judge of Malaya was corroborated by the contents of the conversation?

Forty-eight hours have passed and neither Ahmad Fairuz nor Lingam had denied that there was such a telephone conversation between them, which would be the first reaction of anyone to a doctored video clip.

Ahmad Fairuz was contacted the same afternoon of Wednesday when Anwar made public the video recording, but his personal assistant relayed the message that the Chief Justice wanted to have a look at the video before saying anything. But Ahmad Fairuz had been in ex communicado in the past two days, although he would have no difficulty in accessing it on the Internet, as it was put up on Malaysiakini almost instantly the same day (recording over 4,000 hits since), as well as on many blogs and the Bar Council website. One Youtube site which uploaded the clip registered 23,150 hits in one day.

The silence of Lingam cannot be explained by the claim that he is overseas, particularly in the present era of 24/7 and instant communications when information travels at the speed of light and denials could be made instantly from any part of the globe.

It is also most noteworthy that Gani had not challenged the authenticity of the video recording of the telephone conversation. Continue reading “AG’s comments on Lingam Tape outrageous – is he for judicial independence, integrity, accountability?”

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Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal

I have written to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking him to invoke Article 125 of the Constitution to suspend Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice and to establish a judicial tribunal to investigate the serious allegations of judicial misconduct against him as highlighted by the Lingam tape made public by Datuk Seri Anwar Ibrahim yesterday.

In my letter, I quoted Article 125(3) which reads:

“125 (3). If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3A) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.”

The Lingam tape has sparked the latest crisis of confidence in the independence, impartiality and integrity of the judiciary stemming from grave judicial misconduct.

As the allegations of judicial misconduct are of very grave character affecting the perversion of justice, I also asked the Prime Minister to invoke Article 125(5) which reads:

“125(5), Pending any reference and report under Clause (3) the Yang di Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.”

Continue reading “Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal”

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Lingam tape – Anwar’s explosive video clip on Judiciary Compromised

Anwar Ibrahim has produced an explosive video clip on Judiciary Compromised which has set off reverberations in the Palace of Justice, the corridors of power, offices and homes in the country as well as internationally.

The time for reckoning for the restoration of a truly independent judiciary and a just rule of law cannot be put off any longer.

Malaysiakini has carried the transcript of the conversation between lawyer V.K. Lingam with Chief Justice Ahmad Fairuz sometime in 2002, as recorded in the videoclip, viz:

“The CJ said he is relative to now Agong, so he wants to stay on to 68, so, Tengku Adnan, I told Tengku Adnan, yesterday I had a meeting with him.

He said PM is already very angry with him, he said no problem he is going to make you acting err.. confirm your position as PCA, working very hard then working very hard to get Tan Sri Mokhtar as CJM.

Ah, we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku, I am going to see him tomorrow, there is a letter sent to CJ, I mean Tan Sri Dzaiddin, that Datuk Heliliah, Datuk Ramli, Datuk Ramli and Datuk Ma’roop be made judges, and he rejected Dr Andrew Chui and apa itu Zainuddin Ismail lah. Because Zainuddin Ismail condemned your appointment and Tan Sri Mokhtar’s appointment.

And then you also, you seems to wrote a letter for the remaining five be confirmed as judges. As per our memo I discuss with Tun Eusoff Chin and we sent the same memo to PM.

I just want to get a copy letter that that has been done. Continue reading “Lingam tape – Anwar’s explosive video clip on Judiciary Compromised”

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Robust legal framework, economic efficiency

If the budget is to succeed in bringing about a significant shift of our economy to the next gear, our economic policies and reform must also be accompanied by significant reforms in our judicial system to ensure that foreign investors will have the necessary confidence in not just justice meted out but also the speed and efficiency at which disputes can be resolved.

Our judiciary system today leaves much to be desired. There are thousands of cases in backlog, and often it takes more than five years before commercial disputes are even brought to court for trial at the High Courts. Such inefficiency certainly benefits and incentivises the culprits and penalising the victims.

What certainly wrecks the confidence in our legal system is when a 19-year old, Lee Kwong Yong was jailed for 6 months while awaiting justice for being unable to produce his identity card when caught by the police. The injustice would have been worse had it not been for a good Samaritan who chanced upon his case.

The DAP recommends that the Government do more to attract more experienced legal practitioners as well as industry specialists into the judicial profession to resolve the twin problems facing the Courts, a shortage of judges as well as a lack of professionals to manage the mounting backlog of cases. Continue reading “Robust legal framework, economic efficiency”

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CJM debacle – one up for Conference of Rulers and one down for Pak Lah

The appointment of Datuk Alauddin Mohd Sheriff as the Chief Judge of Malaya is one up for the Conference of Rulers and one down for Datuk Seri Abdullah Ahmad Badawi — as the debacle is a major setback to the prestige and authority of the Prime Minister as a result of the seven-month constitutional impasse and crisis.

The objection of the Conference of Rulers to the earlier nominee for the Chief Judge of Malaya resulting in the seven-month constitutional deadlock has proved to be fully justified and the Prime Minister most imprudent and ill-advised to give blind support to the proposal submitted by the Chief Justice, Tun Ahmad Fairuz Abdul Halim.

The question crying out for answer is why the Prime Minister placed himself in such an embarrassing and indefensible position and for such a protracted length of time.

Isn’t there a proper mechanism to vet candidates whether for judicial appointments or promotions?

The Chief Justice must bear great responsibility for the constitutional debacle but from the constitutional standpoint, the Prime Minister cannot shirk final responsibility as the buck must stop at his desk.

Fairuz now says that he is waiting for an explanation from a Federal Court judge on his failure to write the grounds of judgments in more than 35 civil and criminal cases. Continue reading “CJM debacle – one up for Conference of Rulers and one down for Pak Lah”