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“He was the chief justice that the country should not have, but had”

The report of the expected six-month extension of Datuk Abdul Hamid Mohamad’s tenure as Chief Justice from April 18 to Oct 17 this year is the only bright spark in a desolate wasteland of the judiciary highlighted by three weeks of public hearing of the Royal Commission of Inquiry into the Lingam Tape.

After the three-week public hearing of the RCI into the Lingam Tape, the integrity, honour and reputation of the previous four highest judicial officers of the land – the occupant of the office of Chief Justice previously known as Lord President – spanning two decades had been dragged through the mud.

Nobody would dared imagine just one month ago that national and international confidence in the judiciary, which has reached unprecedented lows in the past two decades, could plumb new depths – but this is what happened since the RCI public hearing on 14th January 2008.

Last Thursday, a glowing tribute was rightly given to the former Court of Appeal President, Tan Sri Abdul Malek Ahmad by retired Court of Appeal judge K. C. Vohrah who said: “He was the chief justice that the country should have, but never had”.

Unfortunately, there are more than two persons whom Malaysians could rightly point to and say: “He was the chief justice that the country should not have, but had.”

It is most fortunate that Abdul Hamid is now the Chief Justice as he could hold his head high as the highest judicial officer of the land despite the judicial mud exposed to public light in the past three weeks. Continue reading ““He was the chief justice that the country should not have, but had””

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Dr. Basmullah’s jailing – is Ka Ting the worst Acting Health Minister in nation’s history?

I am here with Norliza binti Hassan, 44, wife of Dr. Basmullah Yusoff – the first doctor be to criminalized and jailed under the Private Healthcare Facilities and Services Act (PHFSA) – her counsel Karpal Singh (DAP National Chairman) and Dr. Lo’Lo Mohd Gazali, Dr. Basmullah’s medical colleague (PAS Wanita leader) for an application to the High Court to get Dr. Basmullah out of Kajang Prison.

Two days ago, New Sunday Times quoted former Health Minister, Datuk Seri Dr. Chua Soi Lek as asking the medical fraternity not to blame him for the jailing of Dr. Basmullah who failed to register his clinic under the PHFSA 1998.

Chua said the PHFSA was never intended to criminalize doctors. He said PHFSA, which came into force on May 1, 2006 when he was Health Minister, was intended to weed out bogus doctors who posed a threat to public health and safety.

Now that a qualified doctor, who has an annual practicing certificate issued by the Malaysian Medical Council has been criminalized and sentenced to three months jail for his inability to pay RM120,000 fine, why has Chua failed to speak up firstly, to admit that the enforcement of the PHFSA should be suspended until there is iron-clad guarantee that there would not be another case of criminalizing of a doctor like that of Dr. Basmullah; and secondly, that it is grossly unjust for Dr. Basmullah to spend another day in jail.

Dr. Basmullah has been jailed for 18 days which is equivalent to paying a fine of over RM24,000 – which is already too hefty a fine for a technical offence committed by Dr. Basmullah.

Is Chua prepared to publicly state that as Dr. Basmullah has paid an equivalent of over RM24,000 fine in serving 18 day’s jail sentence, justice demand that he be released immediately without any extra day in Kajang Prison?

I am very disappointed that for more than two weeks, there has been deafening silence from the Acting Health Minister, Datuk Seri Ong Ka Ting on the Dr. Basmullah case – whether he is utterly indifferent about the sufferings imposed on the father of eight or whether he is totally lost as to how to rectify the injustice suffered by Dr. Basmullah. Continue reading “Dr. Basmullah’s jailing – is Ka Ting the worst Acting Health Minister in nation’s history?”

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Will public support Court action to uphold “caretaker government” concept once Parliament dissolved?

Media Conference Statement(2) by Parliamentary Opposition Leader and DAP MP for Ipoh Timur at the start of a two-day whistle-stop campaign in Perak to launch the second DAP general election theme on “Say no to corruption and rising prices” at the Pokok Assam market, Taiping on Saturday, 2nd February 2008 at 9 am:

Mulling legal suit for court declaration on caretaker government once Parliament is dissolved to prevent abuses of power by Prime Minister and Cabinet Ministers in misuse of government resources and funds for BN electioneering

The Cabinet on Wednesday spent three hours discussing the next general election – a gross abuse of government resources as well as another shocking example of the failure and increasing inability of government leaders to respect the important distinctions among the government, party and personal which is the root cause of rampant corruption in Malaysia.

I want to ask the Prime Minister, Datuk Seri Abdullah Ahmad Badawi whether in the three-hour Cabinet meeting on the next general election, he had issued a clear directive to all the Ministers that they should set an example of ethics and integrity once Parliament is dissolved, and should not abuse their “caretaker” responsibilities to abuse government positions, resources, manpower and funds for Barisan Nasional electioneering purposes. Continue reading “Will public support Court action to uphold “caretaker government” concept once Parliament dissolved?”

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Dr. Basmullah’s jailing – Ismail Merican inconsiderate, callous, heartless and unbecoming of top civil servant

The comment by the Director-General of Health Tan Sri Dr. Ismail Merican that Dr. Basmullah Yusom, the first doctor to be jailed under the Private Healthcare Facilities and Services Act 1998 preferred jail to paying the RM120,000 fine in instalments is most inconsiderate, callous, heartless and totally unbecoming of a top civil servant.

New Straits Times today quoted Dr. Ismail as saying that Dr. Basmullah “declined the Health Ministry’s offer to stay out of jail”.

He said the offer was made to the doctor by the ministry’s prosecuting officer.

Dr. Ismail said: “It’s not that we do not care for doctors or are unsympathetic to them.”

If Dr. Ismail really “care” or sympathetic to doctors, how could he use language which is so inconsiderate, callous and heartless?

From Dr. Ismail’s account, it would appear that Dr. Basmullah is a pervert who prefers to go to jail instead of enjoying his personal freedom outside prison!

Dr. Ismail went on to say that if Dr. Basmullah feels he has been harshly sentenced by the Sessions Court, he has the right to appeal to a higher court.

I am just shocked and outraged beyond belief that even up till now, Dr. Ismail does not see or accept that Dr. Basmullah just do not have the means to hire counsel to appeal against the sentence of RM120,000 fine or three months’ jail – when he had not been able to afford the expenses to retain counsel to represent him at the Sessions Court or to take up the “offer” to pay the hefty RM120,000 fine by instalments.

This is why Dr. Basmullah is in jail in Kajang Prison for the past two weeks – creating outrage to the extent that a online “Don’t Jail Doctors Blog Campaign” has been launched.

Many are asking why is the system of justice in Malaysia is so perverted that a doctor could be jailed for not registering his clinic although he has the annual practicing certificate of a medical practitioner, while criminals whether the corrupt or those guilty of heinous crimes can get away scot-free, moving freely in society! Continue reading “Dr. Basmullah’s jailing – Ismail Merican inconsiderate, callous, heartless and unbecoming of top civil servant”

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Dr. Basmullah in Kajang Prison – Karpal takes up case pro bono publico

DAP National Chairman Karpal Singh will take up the case of Dr. Basmullah Yusom, 44, the first doctor to be jailed under a technicality under the Private Health Facilities and Services Act (PHFSA) 1998 as pro bono publico to get him released from Kajang Prison.

As reported by New Straits Times on 19th November 2008, Dr. Basmullah has earned the dubious reputation of being the first person to be convicted under the PHFSA for not registering his 10-year-old clinic in Desa Pandan, Kuala Lumpur.

Fined RM120,000 or three months jail, Dr. Basmullah had been languishing in Kajang Prison for the past fortnight as he does not have the money to pay the fine.

In Penang on Sunday, I had called on the Attorney-General, Tan Sri Gani Patail to intervene in this case of grave injustice and to invoke the revisionary powers inherent in his office to call up Dr. Basmullah’s case to get the Univeristi Sains Malaysia (USM)-trained doctor and father of eight out of jail without any moment of delay.

Alternatively, I had also called on the Chief Judge of Malaya or the Chief Justice of Malaysia to invoke their revisionary powers to call up the case to quash the jail sentence imposed on Dr. Basmullah.

Unfortunately, there has been no response whatsoever from the Attorney-General’s Office or the judiciary.

This was why DAP MP for Ipoh Barat, M. Kulasegaran and I visited Kajang Prisons two days ago where we received confirmation that Dr. Basmullah was serving his jail sentence although we did not get to see him.

I have since been in contact with Dr. Basmullah’s wife, Nurlizah Hassan, who also met Karpal over Dr. Basmullah’s jail term. Continue reading “Dr. Basmullah in Kajang Prison – Karpal takes up case pro bono publico”

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Mahathir should be recalled to Lingam Tape RCI now that he has recovered his “elephant memory”

Former Prime Minister, Tun Dr. Mahathir Mohamad has clearly recovered his “elephant memory” from his comments on the death of former Indonesian President Suharto.

Mahathir told Bernama that accounts the former Indonesian leader killed some 500,000 people after taking power in 1965 were “absolute nonsense”.

He said: “I know this for a fact. I knew what happened. Indonesia was in a state of anarchy then and he has no authority. At the time of the killings, he was not even the president. He did not order the killing.”

Mahathir, who ruled for two decades before stepping down in 2003, said he regarded Suharto as a friend of Malaysia and a personal friend.

“We looked up to him as a great leader and as an international statesman. For me, it’s quite personal. I know him and I have worked with him for a very long time.

“Even though Indonesia was not an ideal democracy during Suharto’s time, the fact remained that he brought stability to Indonesia.”

Mahathir added: “Of course, there is a price to be paid,” acknowledging that some people had suffered under Suharto’s administration.

Without getting into a debate on Mahathir’s assessment of Suharto’s leadership of Indonesia, it is good to see Mahathir’s recovery from his recent lapse of memory. He gave his comments on Suharto with confidence and authority, in total command of his memory.

This was very unlike his appearance before the Royal Commission of Inquiry (RCI) on Lingam Tape eleven days ago on January 17, when he had to repeatedly plead loss of memory in his 90-minute testimony.
Continue reading “Mahathir should be recalled to Lingam Tape RCI now that he has recovered his “elephant memory””

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Do we need a RCI on RCI on Lingam Tape to restore confidence in judiciary?

The second-week proceedings of the Royal Commission of Inquiry (RCI) into the Lingam Tape has delivered three body blows undermining the commission’s public credibility as an independent and fearless agency to restore national and international confidence in the independence, integrity and quality of the Malaysian judiciary.

The first blow stems from the continued testimony of senior lawyer V. K.Lingam, coming on the heels of former Prime Minister Tun Dr. Mahathir Mohamad and former Chief Justice Tun Eusoff Chin, turning the Royal Commission of Inquiry into a public circus to the extent that a Malaysian quiz could be created to ask who had respectively been responsible for the following unforgettable words:

“Correct, correct, correct”;

“No, No, No”;

“Coincidence, coincidence, coincidence”; and

“Bullshit, bullshit, bullshit”.

Malaysians are astounded as to how the Royal Commission of Inquiry had allowed the “star witness” of the “it looks like me, it sounds like me but I will not say 100% that it’s me” quote to turn it into a circus – reflecting adversely not just on Lingam but even more seriously, on all the five Commissioners.

The language used by Lingam in his testimony at the RCI on Lingam Tape was unprecedentedly offensive in any court or public hearing – and which would have been disallowed as “unparliamentary” in Parliament. In fact, the language used was so unprintable for polite society that two leading dailies had to use asterisks for part of the word instead of printing it in full! Continue reading “Do we need a RCI on RCI on Lingam Tape to restore confidence in judiciary?”

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Will RCI get infamy of being a “It looks like me, it sounds like me” royal commission?

Senior lawyer V.K. Lingam has probably coined the quote of the century with his “It looks like me and it sounds like me” statement to the Royal Commission of Inquiry hearing yesterday.

What is even more serious, the Royal Commission of Inquiry into the Lingam Tape may forever be known as a “It looks like me and its sounds like me” Royal Commission unless it can shake off the infamy of being dismissed as a “cover-up” commission.

After the scandalous competition between former Prime Minister Tun Dr. Mahathir Mohamad and former Chief Justice, Tun Eusuff Chin to out-forget each other in their testimony before the Royal Commission of Inquiry last week, it would be hard-put for anyone to out-scandalise the public – but Lingam was clearly up to the task in putting the two Tuns in the shade!

Lingam has applied to expunge all evidence tendered at the Royal Commission of Inquiry on the New Zealand holiday in 1994 taken by him and then Chief Justice Eusoff Chin at last week’s Royal Commission of Inquiry on the ground that they were irrelevant to the scope of the inquiry.

The Royal Commission of Inquiry will decide tomorrow after hearing submissions by lawyers representing various concerned parties.

Whether Lingam’s application to expunge the evidence on his holidaying with Eusoff Chin in New Zealand in 1994 from the Royal Commission of Inquiry succeeds or otherwise, nothing can expunge Eusoff’s testimony from public mind and memory, for they are most pertinent to explain why the state of the judiciary is in such a sorry state, plunging from one crisis of confidence to another about its independence, integrity and competence in the past 19 years.

Even if Eusoff’s evidence before the Royal Commission of Inquiry is expunged from the Royal Commission proceedings, they cannot be expurgated from the public mind and Eusoff owes the nation a full responsibility to come forward to fully account for his integrity as Chief Justice during the period when he held the highest judicial post in the land. Continue reading “Will RCI get infamy of being a “It looks like me, it sounds like me” royal commission?”

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RCI on Lingam Tape: Boys Sent To Do The Job of Men

by M. Bakri Musa

Regardless of the outcome of the Royal Commission of Inquiry on the “Lingam Videotape,” these public hearings have already given us a rare and instructive glimpse on the inner workings of our government at the highest levels, and of the caliber of individuals in such positions.

This is also clearly demonstrated by the commissioners themselves. Their individual impressive credentials notwithstanding, they are merely boys sent to do the job of men.

In forcing Prime Minister Abdullah to convene this Royal Commission, Anwar Ibrahim has done a great service to the nation. Malaysia owes a huge debt of gratitude to him, as well as to the son of businessman Loh Mui Fah for having the foresight to tape that infamous conversation in the first place, and to the anonymous individual who subsequently gave that tape to Anwar.

The alternative media, in particular Malaysiakini and Malaysia Today, together with various bloggers and members of non-governmental entities, helped ensure that the evolving scandal was not conveniently ignored by the government. The mainstream media were, as usual, irrelevant. They not only missed this most important story but tried initially to dismiss it. Continue reading “RCI on Lingam Tape: Boys Sent To Do The Job of Men”

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Lingam tape RCI competition for “I cannot remember” – Mahathir 14 times, Eusoff Chin 18 times in mid-testimony

The first five days of the public hearings of the Royal Commission of Inquiry into the Lingam Videotape should have been the first step to restore national pride and confidence in the excellence and integrity of national institutions, in particular the independence, integrity and quality of the judiciary which in the past 19 years had plunged from international esteem to become a global laughing stock.

However, this was not to be, and the first five days of the Royal Commission hearings were painful days for national pride and honour.

It had been a sad and a great ordeal to all Malaysians to see top national leaders like the longest-serving Prime Minister for 22 years, Tun Dr. Mahathir Mohamad and former Chief justice, Tun Eusuff Chin competing with each other in selective amnesia at the Royal Commission of Inquiry into the Lingam Tape.

A quick count showed that Mahathir said “I cannot remember” or its equivalent 14 times during his 90-minute testimony before the Royal Commission on Wednesday while Eusuff Chin said “I cannot remember” or its equivalent 18 times in his half-testimony yesterday – with the former Chief Justice testimony adjourned to next week to allow him to seek legal representation and engage legal counsel!

Malaysians still do not believe that Mahathir has become so forgetful that he had to invoke the “I cannot remember” mantra 14 times in his short testimony especially as Mahathir is still famed for his poem, Melayu Muda Lupa. Is Mahathir proving himself right with his sudden forgetfulness?

As a commentator on my blog has pointed out, the Malaysian public is aghast as Mahathir’s testimony because of the public perception that Mahathir has an elephant memory (that an elephant never forgets), especially as Mahathir has a reputation for remembering details others could scantly recall as illustrated by his mastery to recall effortlessly details of Rafidah Aziz’s excesses in the AP scandal without any prodding. Continue reading “Lingam tape RCI competition for “I cannot remember” – Mahathir 14 times, Eusoff Chin 18 times in mid-testimony”

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Lingam tape RCI – Mahathir evasive, forgetful and irresponsible

Former Prime Minister Tun Dr. Mahathir Mohamad was a poor witness yesterday at the Royal Commission of Inquiry into the Lingam videotape scandal.

He was evasive, uncharacteristically forgetful as to be prone to sudden bouts of amnesia on certain crucial events which Mahathir had never been known to suffer from and broke his word that he would respond to all questions to the best of his ability.

Most of the time, Mahathir was evading questions to the best of his ability, including his resort to “prerogative” to refuse to answer questions for the reasons why he rejected the recommendation of the then Chief Justice Tun Dzaiddin Abdullah in 2002 for the appointment of the late Tan Sri Abdul Malek Ahmad as Chief Judge of Malaya, favouring instead of Ahmad Fairuz Sheikh Abdul Halim.

Mahathir was downright wrong and irresponsible in pleading prerogative to refuse to answer questions why the recommendation of a Chief Justice who was most familiar with the best qualities of his brother judges was rejected.

While the prerogative of the Prime Minister under the Constitution to decide on who should be recommended for appointment to the various high judicial offices in the country is not challenged or doubted, it is wrong to equate of prerogative of a Prime Minister in a democratic system of government with the royal prerogative of divine rule.

This is because the prerogative of a Prime Minister in an elected system of government, while assuring the Prime Minister as having the final say in the decision-making, does not give the Prime Minister the immunity to disregard accountability, transparency and integrity in the exercise of the prerogative.

This is my second disappointment with the Royal Commission of Inquiry into the Lingam Tape scandal. Two days ago, I asked why the Royal Commission of Inquiry had not subpoenaed V. K. Lingam to be the first witness to ascertain from him whether he conceded the authenticity of the 14-minute tape, especially as he has authorized his lawyer to say that the person in the tape looked and sounded like him Continue reading “Lingam tape RCI – Mahathir evasive, forgetful and irresponsible”

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Smarter RCI – summon Lingam first to give him opportunity to admit authencity of Lingam Tape

I read the first day’s proceedings of the Haidar Royal Commission of Inquiry into the Lingam Tape yesterday with dismay and disappointment.

Why wasn’t senior lawyer V.K. Lingam called as the first witness to give him an opportunity to confirm the authenticity of the 14-minute video clip which would have saved time, money and resources and allowed the real issues impinging on the crisis of national and international confidence in the independence, integrity and quality of the judiciary to be addressed frontally.

If Lingam is prepared to admit upfront the authenticity of the video clip, then the country can be spared the rigmarole of the completely unnecessary testimony of Anti-Corruption Agency (ACA) officers going to Lingam’s house in Kelana Jaya to take photographs of its living room and compare it with the location in the clip, finding them to be one and the same as well as other related testimony such as expert evidence from a private laboratory in the Spanish capital, Madrid verifying that the voice on the videoclip matched that of Lingam.

In fact, if Lingam admits to the authenticity of the clip, there would be no necessity to even summon businessman Loh Mui Fah who has surfaced publicly to admit that the video clip was taken by his son sometime in late December 2001 when he and his son had gone to Lingam’s house to obtain legal advice on family and business matters. Continue reading “Smarter RCI – summon Lingam first to give him opportunity to admit authencity of Lingam Tape”

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Pak Lah’s host of great breaches of great promises

This Parliamentary Roundtable on the Special Complaints Commission (SCC) Bill is special for more reasons than one.

Firstly, there should be no need for this Parliamentary Roundtable as there should have been a Parliamentary Select Committee on the SCC Bill – what I had described as the fake Independent Police Complaints and Misconduct Commission (IPCMC) Bill – to collect public testimony and undertake public consultation on an important piece of proposed legislation with far-reaching consequences on the quality of life and governance in the country.

Secondly, this may be the last Parliamentary Roundtable for the current Parliament if it is dissolved without reconvening again, paving the way for the next general election.

The IPCMC was one of the great promises of the Abdullah premiership and the SCC Bill one of the great breaches by Abdullah of his pledges to the people and country.

It was almost exactly four years ago, 29th December 2003, that the Prime Minister, Datuk Seri Abdullah Ahmad Badawi announced the formation of a Royal Commission into the Police. Continue reading “Pak Lah’s host of great breaches of great promises”

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Urgent Parliament motion on Lingam Tape RCI – unacceptable chairman and unsatisfactory terms of reference

I have today given notice to the Parliament Speaker, Tan Sri Ramli Ngah to move an urgent motion on Monday for a debate on the unacceptable chairman and unsatisfactory terms of reference of the Royal Commission of Inquiry into the Lingam Tape scandal.

My motion for an urgent debate reads:

“That the House gives leave to Ketua Pembangkang YB Lim Kit Siang to adjourn the House under S.O. 18 (1) to discuss a definite matter of urgent public importance – the Royal Commission of Inquiry (RCI) into Lingam Tape videoclip scandal announced by the Prime Minister on Wednesday.

“The appointment of Tan Sri Haidar Mohd Noor as Chairman of RCI into the Lingam Tape scandal and the commission’s restricted terms of reference are most disappointing and a great letdown for Malaysians who had looked forward to a new page for Malaysia’s judiciary and administration of justice.

‘Haidar is clearly not acceptable or suitable to be Chairman of the RCI into the Lingam Tape scandal in view of his disgraceful role in the 1988 Judicial Crisis over the sacking of Tun Salleh Abas as Lord President and two Supreme Court judges, Datuk George Seah and the late Tan Sri Wan Sulaiman Pawanteh – the ‘mother’ of a string of judicial crisis in the past 19 years which rocked the country with repeated erosion and ravages of the independence, impartiality and integrity of the judiciary.

“It is most regrettable that eminent and credible Malaysians whose appointment would have enhanced public confidence in the RCI had been omitted, such as the Raja Muda of Perak, Raja Dr. Nazrain Shah, former members of judiciary, Tun Dzaiddin, Shaikh Daud, N. H. Chan, Visu Sinadurai and distinguished Malaysians like Tunku Aziz, Raja Aziz Addruse, Param Cumaraswamy, Yeo Yang Poh and Chooi Mun Sou.

“Parliament must urgently debate the very restricted terms of reference of the RCI so that the once-in-a-generation golden opportunity should not be missed to put right what had been wrong and rotten with the system of justice for nearly two decades to restore confidence in the independence and integrity of the judiciary.”

Continue reading “Urgent Parliament motion on Lingam Tape RCI – unacceptable chairman and unsatisfactory terms of reference”

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Haidar as head of Lingam Tape RCI and restricted terms of reference – most disappointing and great letdown

The appointment of Tan Sri Haidar Mohd Noor as Chairman of the Royal Commission of Inquiry into the Lingam Tape scandal and the commission’s restricted terms of reference are most disappointing and a great letdown for Malaysians who had looked forward to a new page for Malaysia’s judiciary and administration of justice.

Haidar, who was former Chief Judge of Malaya, is clearly not acceptable or suitable to be Chairman of the Royal Commission of Inquiry into the Lingam Tape scandal in view of his disgraceful role in the 1988 Judicial Crisis which saw the arbitrary and unconstitutional sacking of Tun Salleh Abas as Lord President and two Supreme Court judges, Datuk George Seah and the late Tan Sri Wan Sulaiman Pawanteh – the “mother” of a string of judicial crisis in the past 19 years which rocked the country with repeated erosion and ravages of the independence, impartiality and integrity of the judiciary.

In drawing up very restricted terms of reference strictly confining the Royal Commission of Inquiry to the Lingam Tape, the Prime Minister Datuk Seri Abdullah Ahmad Badawi has missed the golden opportunity to put right what had been wrong and rotten with the system of justice for nearly two decades.

What Abdullah should have done is to frame the widest and most comprehensive terms of reference to the Royal Commission of Inquiry into the Lingam Tape with the mandate to restore national and international confidence in the independence and integrity of the judiciary.

The missed golden opportunity – which can come only once-in-a-lifetime – is felt most acutely with the brave admission by the new Chief Justice, Datuk Abdul Hamid Mohamad on the rot in the administration of justice and his vow for a “house-cleaning” of the judiciary. Continue reading “Haidar as head of Lingam Tape RCI and restricted terms of reference – most disappointing and great letdown”

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Zaki should support Chief Justice’s vow of “house-cleaning” of judiciary with three measures

The new Chief Justice of Malaysia Datuk Abdul Hamid Mohamad has made a courageous pledge of “house-cleaning” of the judiciary after being sworn in as the highest judicial officer of the land.

Abdul Hamid is the first top judicial officer to admit to the rot in the judiciary which has plunged national and international confidence in the system of justice to the lowest point in the 50-year history of the nation, and the rot in the judicial system is most vividly described by the Chief Justice when he said:

“I am aware that this appointment is a heavy burden on me. It is more so when it happens at a very challenging time, that is, when public perceptions of the judiciary are disturbing, when the integrity of the courts in the administration of justice is doubted, when appointments and the behaviour of judges and their commitments in the discharge of their duties, are all being questioned.”

Describing the judiciary as the last frontier of a nation, he said : “When the people no longer have confidence in the courts, there will be chaos.

“The independence of the judiciary means giving decision in a case based on law and evidence adduced in court without being influenced or pressured by any party.”

I wish to express my full support to Abdul Hamid’s bold admission of the rot in the administration of justice and his vow to “house-clean” the judiciary.

I do not doube Abdul Hamid’s sincerity, honesty or seriousness of purpose. However, I am very pessimistic at the prospect of success of such a “house-cleaning” by Abdul Hamid for two reasons: Continue reading “Zaki should support Chief Justice’s vow of “house-cleaning” of judiciary with three measures”

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AG’s Hindraf selective and malicious prosecution – widening crisis of confidence in administration of justice

The Attorney-General Tan Sri Gani Patail should drop the charge of “attempted murder” against the “Batu Caves 31” and abandon the manhunt to charge at least another 30 on the same count as it will result in 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.

It is most outrageous and a blot in the Malaysian administration of justice that the Shah Alam Sessions Court could be so harsh, excessive and unconscionable as to accede to the Attorney-General’s outrageous demand to deny bail to the 31 persons charged with the ridiculous offence of attempted murder of a policeman and to send them to Sungai Buloh Prison in the past four days since Thursday.

Sixteen of these 31 had been earlier charged in the Selayang session’s court with being at an illegal assembly in front of Sri Subramaniam Temple at Batu Caves between 1 am and 8 am on Nov. 25, and released on a court bail of RM1,000 each.

They were free for only three days as they were re-arrested for the capital offence of among 31 for the attempted murder of a cop, for which they were not allowed bail and sent to Sungai Buloh Prison pending trail, which could see them being imprisoned for months on end although their guilt has not been established and have their innocence proved at the end of the trial. Continue reading “AG’s Hindraf selective and malicious prosecution – widening crisis of confidence in administration of justice”

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Zaki’s quadruple jump as Court of Appeal President – will he undertake to recuse himself from all cases involving Umno?

Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, cannot be more wrong when he cited Tun Mohamed Dzaiddin Abdullah as a precedent for the fast-track elevation of Tan Sri Zaki Tun Azmi as the Court of Appeal President, half-a-heart beat away as Chief Justice of Malaysia in ten months’ time in October next year.

Zaki’s triple jump to become Federal Court judge in September without ever being High Court or Court of Appeal judge is completely without precedent in the nation’s judicial history for half-a-century — just like his quadruple jump in three months up the judicial hierarchy to become the Court of Appeal President or his quintuple jump in a matter of a year when he is appointed Chief Justice of Malaysia next October when Datuk Abdul Hamid Mohamad steps down from the topmost judicial post.

Nazri had been wrongly advised about the history of judicial appointments for Dzaiddin, who served as High Court Judge for more than 10 years and Federal Court judge for seven years before he was unexpectedly appointed the Chief Justice of Malaysia in December 2000 — as the choice of the Conference of Rulers which had rejected the original nominee presented by the then Prime Minister.

What are the grounds for the supersonic flight up the judicial hierarchy for Zaki – apart from his Umno associations – as he is no legal luminary in the Malaysian legal firmament.

At a time when the country is struggling to come out of the 19-year crisis of confidence in the independence, integrity and competence of the judiciary, Zaki’s most unorthodox triple, quadruple and quintuple leap up the judicial hierarchy raises most disturbing questions whether there is any real understanding let alone political will on the part of the top national leadership on the urgent need to restore the Malaysian judiciary to the world-class level it had enjoyed two decades ago.

Or is Malaysia on the occasion of its 50th Merdeka anniversary taking the first step to have an Umno Chief Justice instead of a Chief Justice for all Malaysians by October next year? Continue reading “Zaki’s quadruple jump as Court of Appeal President – will he undertake to recuse himself from all cases involving Umno?”

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3 critical issues which Cabinet cannot continue to procrastinate tomorrow

There are three critical issues which the Cabinet cannot delay and procrastinate tomorrow, viz:

  • A New Deal to end the long-standing marginalization of the Malaysian Indians and all marginalized groups;
  • Royal Commission of Inquiry into the Lingam Tape scandal and restore the national and international confidence in the independence, integrity and competence of the judiciary; and
  • Make public the Independent Police Complaints and Misconduct Commission (IPCMC) Bill.

If there is no immediate announcement of the establishment of the Royal Commission of Inquiry after the Cabinet meeting tomorrow, on its composition and terms of reference, the Malaysian public and international community cannot be blamed for coming to adverse inferences about the bona fides and political will of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to come to grips with the nettlesome problem of the 19-year degradation of the system of justice.

Malaysians had been expecting announcements from the Prime Minister about the Royal Commission of Inquiry since last Wednesday’s Cabinet meeting but the past week had passed with the daily disappointment of no news on the matter.

Although the past week had been overshadowed by the after-effects and shocks of the 30,000-strong Hindraf demonstration on November 25, with almost daily condemnation by the Prime Minister of the Hindraf allegation of “ethnic cleansing” of Indians in Malaysia, it is a grave misjudgment for anyone to think that the issue of the Royal Commission of Inquiry into the Lingam Tape and to restore the independence, integrity and quality of the judiciary could be sidestepped and even swept under carpet as a result of the Hindraf furore.

Let me remind Abdullah that Malaysians expect positive and concrete announcements about the establishment of the Royal Commission of Inquiry after the Cabinet meeting tomorrow or it will be another blackmark on his administration. Continue reading “3 critical issues which Cabinet cannot continue to procrastinate tomorrow”

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Hindraf demo – Pak Lah’s “Big Ears” hearing problem

The Star’s front-page headline “PM: I hear you” is symptomatic of the grave hearing problem of the Abdullah premiership which is entering into its fifth year.

Abdullah should ask why despite his pledge from the first days of becoming the fifth Prime Minister that he wanted to “hear the truth however unpleasant” and his claim that he has “big ears”, Malaysians are convinced that he is not hearing anything?

Is this because his gatekeepers have erected an unprecedentedly high wall as compared to the four previous Prime Ministers cutting him off from ordinary Malaysians — I have for instance given up attempts to ask for a meeting with the Prime Minister because it is just impossible to get through his handlers — or is it because he could not hear anything even with his “big ears” if what he is told just enters one “big ear” only to exit the other “big ear” without leaving any impressions?

The very fact that Abdullah must start his fifth year as Prime Minister to shout “I hear you”, “I have big ears”, are the most eloquent proofs that Abdullah is having a grave hearing problem and had not been listening to the people despite having “big ears”!

The letter to Malaysiakini by Penang State Exco Dr. Toh Kin Woon breaking ranks with the top Barisan Nasional leadership dissociating himself from its condemnation of marches, rallies and pickets which were “centred on their illegality, potential threat to peace, the possible destabilization of the economy including frightening away foreign investors” is further proof of Abdullah’s “Big Ear” hearing problem.

When will Abdullah “walk the talk” of his pledge to “hear the truth” and listen to Dr. Toh Kin Woon instead of to the sycophantic top Barisan Nasional leaders whether Datuk Seri Ong Ka Ting of MCA, Tan Sr. Dr. Koh Tsu Koon of Gerakan or Datuk Seri S. Samy Vellu of MIC that Barisan Nasional leaders “should have been more concerned over the grievances, frustrations and disappointments that have brought so many thousands to the streets in the first place and to seek fair and just solutions to them”? Continue reading “Hindraf demo – Pak Lah’s “Big Ears” hearing problem”