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Lingam Tape – Haidar, Shanker and Lam Thye should decline or withdraw from “Independent Panel”

Former Chief Judge of Malaya, Tan Sri Haidar Mohd Noor, should decline or withdraw as Chairman of the three-man panel on the authenticity of the Lingam Tape in view of his controversial role in the 1988 Judicial Crisis to allow for a Royal Commission of Inquiry to be formed to conduct full and comprehensive inquiries into the erosion and ravages of the independence, impartiality and integrity of the judiciary since 1988.

I also call on the other two members earmarked for the Lingam Tape panel, former Court of Appeal judge Datuk Mahadev Shanker and Tan Sri Lee Lam Thye to similarly decline or withdraw from the panel to send a clear and unmistakable message on behalf of all Malaysians and future generations — that the time has come not only for an untrammelled inquiry into the Lingam Tape with all its far-reaching and horrendous implications about perversion of the course of justice but the opportunity must not be missed to right the historic and generational wrongs in the past 19 years which saw Malaysia stumbling from one judicial crisis to another.

The question which Malaysiakini editor-in-chief, Steven Gan, asked in his editorial yesterday, “Will we miss the boat again”, must be asked by all Malaysians, including Shanker and Lam Thye.

Steven cannot be more right when he wrote:

“Almost a generation has suffered because of our ‘tidak apa’ attitude to the judicial crisis. Here’s another chance for us to make amends.

“We have missed the boat – not once but twice. Indeed, for the sake of the country, we cannot afford to blow this one chance.”

The establishment of an “Independent Panel” into the authenticity of the Lingam Tape instead of a Royal Commission of Inquiry into the rot in the system of justice in the past two decades and which had been highlighted by the Lingam Tape is the height of irresponsibility in trying to reduce the shocking scandal into a joke and a farce. Continue reading “Lingam Tape – Haidar, Shanker and Lam Thye should decline or withdraw from “Independent Panel””

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Lingam Tape – 3-man panel into authenticity unsatisfactory, unacceptable and falls far short of what should be done

Disbelief, shock and outrage — these three feelings sum up the general reaction to news of the announcement by Deputy Prime Minister, Datuk Seri Najib Tun Razak of the three-man independent panel set up by the government to investigate the authenticity of the Lingam Tape of a telephone conversation between a senior lawyer V.K. Lingam and Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim in 2002 on fixing of judicial appointments and perversion of the course of justice.

Najib said the panel would be headed by former Chief Judge of Malaya Tan Sri Haidar Mohd Noor, with former Court of Appeal Judge Datuk Mahadev Shankar and social activist Tan Sri Lee Lam Thye as members.

The three-man independent panel into the authenticity of the Lingam Tape is unsatisfactory and unacceptable as it falls far short of what should be done — a Royal Commission of Inquiry into the Lingam Tape and the alleged perversion of the course of justice and the compromising of judicial independence, integrity, impartiality and integrity.

The establishment of a Royal Commission of Inquiry to conduct a full and comprehensive investigation is particularly urgent and imperative to restore public confidence in the system of justice as up to now, Ahmad Fairuz has been conspicuously silent in failing to personally issue a statement on the Lingam Tape — five days after its expose by Datuk Seri Anwar Ibrahim.

The denial which the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz had made on Ahmad Fairuz’ behalf is just not good enough, with zero credibility.

In restricting the panel to the question of the authenticity of the Lingam Tape instead of allowing full investigations into all aspects of the allegations of perversion of the course of justice and the compromising of judicial independence, impartiality and integrity raised by the video clip, the government is avoiding the imperative issue of the long-standing rot in the judiciary and the urgent need to restore national and international confidence in the system of justice with a truly independent judiciary and a just rule of law. Continue reading “Lingam Tape – 3-man panel into authenticity unsatisfactory, unacceptable and falls far short of what should be done”

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Lingam Tape: Cry for judiciary – from Minister for “tables and chairs” to Minister for Chief Justice

Cry for the judiciary — for the first time in 50 years, there is a Minister for the Chief Justice when seven years ago, the then Chief Justice declared that there was no Minister looking after the judiciary and ridiculed the Minister in the Prime Minister’s Department in charge of the law and justice portfolio as Minister for “tables and chairs” for the courts!

Yesterday, when trying to explain why he had issued a denial on behalf of the Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim in connection with the Lingam Tape, the Minister in the Prime Minister’s Department, Datuk Nazri Aziz said that this was because “I am his minister”.

He said: “I am his minister. I am the minister in charge of legal affairs. He is clever enough to know that the reporters will ask me for a response.”

In one fell swoop, Nazri had not only reduced the Chief Justice to that of a subordinate junior but also repudiated the cardinal principle of the independence of the Judiciary and destroyed the fundamental doctrine of the separation of powers among the Executive, Legislature and Judiciary.

In the five decades of nationhood, the Minister delegated the law and justice portfolio by the Prime Minister was never regarded as a Minister for the judges because of the doctrine of separation of powers of the three branches of government and the principle of the independence of the judiciary.

In June 2000, Malaysians were offered a glimpse of judicial goings-on when the contretemps between the then Chief Justice of the Federal Court, Tun Eusoffe Chin and the then Minister in the Prime Minister’s Department, Datuk Dr. Rais Yatim erupted after the latter chastised the former for his improper judicial behaviour in “socialising” with lawyer Datuk V.K. Lingam during a New Zealand holiday in 1994.

Eusoffe said he coincidentally “bumped” into Lingam when holidaying in New Zealand, and relegated Rais to a Minister for “tables and chairs” for the Chief Registrar’s Office and not law.

Eusuff said: “I suppose when we need tables and chairs or a new courtroom, we go to him.” He stressed that the minister “doesn’t look after the judiciary”. (Star 7.6.00). Continue reading “Lingam Tape: Cry for judiciary – from Minister for “tables and chairs” to Minister for Chief Justice”

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ASEAN govts must warn Myanmar military – another bloodbath ala-1988 completely unacceptable

With the Myanmar military junta threatening a crackdown as some 100,000 demonstrators led by barefoot Buddhist monks staged in Yangon yesterday the country’s largest anti-government protest since a failed democratic uprising nearly 20 years ago, ASEAN governments and leaders cannot continue to be on the sidelines and must move quick and fast.

All the nine ASEAN governments must urgently send a clear and unequivocal message to the Myanmar military junta that a crackdown and bloodbath revisiting the 1988 massacre in Burma is totally unacceptable and incompatible with responsible membership of ASEAN and the United Nations.

A repeat of the 1988 bloodbath with some 3,000 people killed by the military would be an unmitigated disaster for Myanmar and ASEAN, casting a pall on the 13th ASEAN Summit in Singapore on Nov. 20-21 and plunging the regional organization into its worst crisis in 40 years.

On the occasion of the 40th anniversary ASEAN, 2007 should be a year to celebrate another major stride in the development of ASEAN with the adoption of an ASEAN Charter incorporating human rights protection for the people of ASEAN.

A bloodbath in Myanmar will not only smash these high and noble ASEAN hopes into smithereens, but also highlight the fatal mistake ten years ago in admitting Myanmar into ASEAN when the military junta had no intention whatsoever to honour its undertaking to work towards national reconciliation and democratization in the country.

China – and in particular the Beijing Olympic Games 2008 — and India will not be able to escape adverse international repercussions of a bloodbath in Myanmar as they will be blamed for giving support to the Myanmar military junta and turning a blind eye to the bloody crackdown in the country. Continue reading “ASEAN govts must warn Myanmar military – another bloodbath ala-1988 completely unacceptable”

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Can there be a discussion of Islam thats not STUPID???

By Farish A Noor

It is interesting to reflect on the asinine times we live in, particularly if like me, you are involved in that nebulous thing called ‘Inter-cultural dialogue’. Over the past four weeks I have been engaged in numerous rounds of dialogues between Western Europeans and Muslim migrant communities in Amsterdam, Paris and Berlin, and in every single one of these encounters I came across stereotypes of Muslims and Islam that were so shallow and puerile that I am almost embarrassed to recount them here. Worst still these pedestrian musings on Islam and Muslims were not the offerings of everyday punters, but those who claimed to be well-known and admired scholars and historians.

In one of these exchanges I was told the following: that ‘Islam is a fascist, woman-hating, Christian-killing, gay-bashing macho male ideology of hatred that was built on fourteen centuries of conquest and bloodshed, murder and rape. That is why there cannot be integration of Muslims into Europe, because the Muslims that we have here are the savages of the Arab world who are barbaric, violent and brutal. They do not believe in reason and the Enlightenment and Islamic civilisation has not produced anything scientific, rational or humane.’ Try substituting the word ‘Muslim’ for ‘blacks’ and one would see how far-fetched and racist such claims really are.

Now why is it that whenever we speak of Islam and Muslims today some of us think they have the licence to drop their IQ level by a hundred points or so? Is talk on Islam a licence to say anything dumb, offensive, provocative, just for the sake of riling up the masses and grabbing a few headlines? A politician in Holland has even stated that there should be a ban on any reading of the Qur’an, on the grounds that it can be compared to Hitler’s Mein Kampf. Others claim that all Muslims are determined primarily by their religion which happens to be irrational, unscientific and anti-Enlightenment. Continue reading “Can there be a discussion of Islam thats not STUPID???”

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Burma Uprising – Abdullah should articulate ASEAN aspirations for Burma in UN speech on Thursday

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should articulate the aspirations of the ASEAN people for national reconciliation, democracy and human rights in Burma in his United Nations speech on Thursday as any omission on the latest developments in Burma would have rendered his speech quite irrelevant to the region and the world.

Today is the seven straight day that monks have marched in the Burmese capital of Yangon, leading protestors reaching 10,000 on Saturday, 20,000 yesterday and 30,000 today against the military junta over the chronic economic crisis resulting in ever-rising prices of commodities and human rights violations including illegal detentions and mistreatment of political detainees.

There are fears of a repeat of 1988, when the last democracy uprising was crushed by the military and some 3,000 people were killed.

This is the time for ASEAN government leaders, together with the support of China and India, to engage and impress on the Myanmar military junta not to resort to violence but to turn it into an opportunity to resolve the present crisis with the support of all stakeholders, including Nobel Prize laureate Aung Sun Suu Kyi, all political prisoners, the pro-democracy activists and ethnic nationalities, to work out a national reconciliation formula to return Burma to democracy and civilian rule.

While in the United Nations, Abdullah should take the initiative for a mini-ASEAN summit and emergency UN General Assembly debate on Burma.
Continue reading “Burma Uprising – Abdullah should articulate ASEAN aspirations for Burma in UN speech on Thursday”

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Turks do not want Turkey to be another Malaysia turning into an Islamic state

On Friday, two journalists from Turkey biggest-circulation newspaper Hurriyet interviewed me.

I was taken aback when they told me that their prime interest was how Turkey could learn from the mistakes of Malaysia as there is great concern among the Turks of Turkey becoming another Malaysia down the road of an Islamic state.

They wanted to know what were the major and significant events which marked Malaysia turning from its original commitment towards a secular state towards an Islamic state.

Later on the same day, I received an email from a Malaysian enclosing a Turkish media report of Turkish President Gul allaying Turkish fears of Turkey turning into another Malaysia and becoming an Islamic state.

Entitled “Turkey would never turn into another Malaysia”, President Gul answered the question of those who fear Turkey will become a country like Malaysia during his first official trip to Northern Cyprus by responding: “Turkey is negotiating with the EU for full membership. If there are people who still have worries on the scarf issue, then we should fear those people instead.” (SABAH Newspaper)

Malaysians should be aware that Malaysia is already regarded as an example which Turkey must avoid becoming — a nation which deviated from its secular origins and moving headlong towards an Islamic state.

It should be a wake-up call for all Malaysians who hold dear the Merdeka social contract that Malaysia is a multi-religious secular nation with Islam as the official religion but not an Islamic state. Continue reading “Turks do not want Turkey to be another Malaysia turning into an Islamic state”

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Lingam Tape – credibility of Fairuz’s denial through Nazri zero like earlier case on abolition of common law

Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim has allegedly denied that he was the person that senior lawyer V.K. Lingam was talking to in the now infamous 8-minute Lingam Tape on the perversion of the course of justice concerning the fixing of judicial appointments, court judgment and getting a Tan Sri award.

I chose the term “allegedly denied” as there is no proof that Ahmad Fairuz had actually denied that he was the person Lingam was talking to in the Lingam Tape, especially as some 24 hours earlier Ahmad Fairuz had in “black-and-white” through his special assistant Arleen Ramly written to Malaysiakini to give a two-paragraph “No comment” response to its earlier fax inquiry.

The Minister in the Prime Minister’s Department, Datuk Nazri Aziz claimed that Ahmad Fairuz had called him to deny that he was the one talking to Lingam.

Nazri’s claim is full of holes.

Firstly, how is Nazri sure that it was Ahmad Fairuz who had spoken to him by phone and not an impersonator. Has Nazri got proof that Ahmad Fairuz had denied?

Secondly, why did Ahmad Fairuz make such a denial when 24 hours earlier he had directed his special assistant Arleen Ramly to fax a two paragraph “No comment” letter on the Chief Justice’s letterhead to Malaysiakini?

Thirdly, isn’t Ahmad Fairuz capable of issuing such a denial himself and isn’t he aware of the doctrine of Separation of Powers among the Executive, Parliament and Judiciary by conducting himself in such an improper and subservient manner, subordinating the Judiciary to the Executive?

Fourthly, why didn’t Ahmad Fairuz issue the denial in the first 72 hours of the expose of the Lingam Tape by Anwar Ibrahim on Wednesday, especially as he had met the Prime Minister, Datuk Seri Abdullah Ahmad Badawi both on Wednesday and Thursday night, seated at the same table, at the Istana and the Chief Secretary to the Government’s fast-breaking functions respectively?

Fifthly, what was the purpose of the photographs of Ahmad Fairuz and the Prime Minister seated at the same table on both consecutive nights prominently published in the New Straits Times and Utusan Malaysia?

Is it to send the message that Ahmad Fairuz has the full backing of the Prime Minister, regardless of the nation-wide outcry and outrage over the Lingam Tape?

Sixthly, what is the credibility of Ahmad Fairuz’ alleged denial through Nazri? Is its believability as abysmal as Ahmad Fairuz’ earlier alleged denial through Nazri of his proposal to abolish English common law and replacement by Islamic law – which is zero? Continue reading “Lingam Tape – credibility of Fairuz’s denial through Nazri zero like earlier case on abolition of common law”

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50th Merdeka – arrest and reverse retrogression if Malaysia is not to lose out in global stakes

Should Malaysians be proud of what the country has achieved after 50 years of independence?

In Parliament, a Barisan Nasional Member of Parliament said Malaysia has great cause to be satisfied with the nation’s progress and achievements in the past 50 years as the country is ten times more advanced than Ghana, which also became independent in the same year as Malaysia in 1957.

This BN MP is right if we are prepared to compare with the worst — but Malaysians must not be content with such low benchmarks and must be prepared to compare with the best rather than the worst, especially as the people are being bombarded every day with the slogan of “Cemerlang, Gemilang, Terbilang”.

We should be concerned as to why the country had failed to hold our prominent position in the region and the world when the nation was second only to Japan as the most developed country in Asia 50 years ago in 1957.

We should ask why we have lost out to South Korea, Singapore, Taiwan and Hong Kong with an ever-increasing gap when we were ahead of them 50 years ago instead of the false pride of being well ahead of Ghana.

Malaysia’s 50th Anniversary has highlighted major areas of retrogression which must be arrested and reversed if Malaysia is not to continue to lose out in the global stakes for competition, progress and development.

If those in power and authority in Malaysia continue in their “denial complex”, refusing to come to grips with reality and address the reasons for our decline and retrogression, more and more countries in future will be overtaking us in the international competitiveness and development stakes like Vietnam, Thailand, Indonesia and even some African countries although we will continue to be poles ahead of the failed African states like Robert Mugabe’s Zimbabwe. Continue reading “50th Merdeka – arrest and reverse retrogression if Malaysia is not to lose out in global stakes”

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Deal with the Rot, Not the Tape

by M. Bakri Musa

If Chief Justice Ahmad Feiruz has any sense of personal honor and professional integrity left, he should resign immediately. If Prime Minister Abdullah has even the slightest responsibility for leadership and moral duty to the citizens, he should not extend the Chief Justice’s contract, due to expire this October. If the Malaysian Bar Council has any credible principle of societal obligation and self-policing ethics of a profession, it would disbar the lawyer making that phone call shown in the infamous video clip exposed by former Deputy Prime Minister Anwar Ibrahim.

Alas, judging from past performances, expect none of these. That is the unfortunate reality of Malaysia today. What remains then would be for the King to withhold consent for extending Feiruz’s contract, thereby precipitating an unnecessary and distracting constitutional crisis the nation could ill bear.

The Bar Council had an Emergency Meeting, but instead of initiating the necessary disciplinary proceedings on the involved lawyer (which would definitely be within its power) it decided instead to march at Putrajaya and hand a petition to the Prime Minister demanding for a Royal Commission. Next those lawyers would be demonstrating on the streets. So Third World, a la Pakistan! I would have thought those smart lawyers would have concocted some novel legal theory on which to sue the government into action.

Meanwhile Abdullah Badawi was “disappointed,” not at the explosive contents of the video but the fact that it was released. Wake up, Mr. Prime Minister! The rot is the Malaysian judiciary, not the taping. If Abdullah does perk up from his slumber, he would probably order the arrest of Anwar Ibrahim!

Chief Justice Feiruz, taking a leaf from the Prime Minister’s notorious “elegant silence,” issued a terse, “No comment!” It was neither elegant nor silent; instead it was ugly and spoke volumes. Continue reading “Deal with the Rot, Not the Tape”

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Zam is a disgrace to Malaysia – handicapped by his chauvinistic mindset from becoming a full Malaysian

Information Minister Datuk Seri Zainuddin Maidin is a disgrace to Malaysian nation-building on her 50th Merdeka anniversary, a Minister who is handicapped by his narrow-minded thinking from becoming a full Malaysian, constantly playing the communal drum to turn every issue including human rights, corruption and justice into a racial one.

This is the Bernama report of Zainuddin’s remarks attacking the DAP in Sungai Petani yesterday:

Zainuddin said many of the party’s statements seemed to be aimed at eroding public confidence in the police force, besides taking a swipe at the Malays by connecting police with the Malay community.

“As most of the police personnel are Malays, any action taken in a case is seen by the DAP as the use of Malay power over the non-Malays,” he said in reference to several rape and corruption cases highlighted by the DAP.

It is sad and tragic that although Malaysia has just celebrated 50 years of independent nationhood, there are still people occupying positions of power in government who have not kept abreast with the evolution of Malaysian identity and consciousness but continue to cling to their chauvinist mindset, seeing everything through the communal prism. Continue reading “Zam is a disgrace to Malaysia – handicapped by his chauvinistic mindset from becoming a full Malaysian”

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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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Nurin’s brutal death – let Cabinet observe minute-silence and renew forgotten commitment to keep crime low

The country joins the Prime Minister, Datuk Seri Abdullah Ahmad Badawi in shock, anger and grief at the brutal rape-murder of eight-year-old Nurin Jazlin Jazimin, whose naked body in a foetal position was stuffed in a sports bag in Petaling Utama.

No stone must be left unturned to track down and to bring the murderer to justice.

The Inspector-General of Police, Tan Sri Musa Hassan said on Thursday that the Police was closing in on the killer. All Malaysians pray and hope that the police would be successful in the hunt for the murderer.

In contrast, the statement yesterday by Musa that Nurin’s parents are being investigated for possible negligence have stirred very mixed feelings from Malaysians, regardless of race or religion.

If there is evidence that Nurin’s parents had been negligent contributing to her brutal murder, and the parents are prosecuted, it is a totally different matter from putting pressure on the grieving parents at this time of their bereavement when the police has as yet to get any evidence to establish any parental negligence.

Is it right and proper for Musa to add to the grief and sorrow of Nurin’s parents in such circumstances?

Nurin’s brutal rape-murder must be regarded as both a family tragedy for taxi driver Jazimin Abdul Jalil and a national shame.

There is something very sick and rotten in our society that Nurin could meet with such a brutal end. But it also bespeaks of the breakdown of the institutions in the state responsible for upholding law and order.

Let the Cabinet meeting next Wednesday begin by observing a minute of silence for Nurin’s brutal death followed by a renewal of its forgotten commitment to make the country a safer place for our citizens, tourists and investors.

This renewal of commitment by the Cabinet is imperative for we must not allow Malaysia to become a crime-infested society which claim victims regardless of race or religion. Continue reading “Nurin’s brutal death – let Cabinet observe minute-silence and renew forgotten commitment to keep crime low”

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E-government to e-scam – Kong Choy should publicly justify e-Kesihatan

Transport Minister, Datuk Seri Chan Kong Choy should fully explain the second scandal since he became Transport Minister — the e-Kesihatan scandal which is also the latest example of e-government in Malaysia degenerating into e-scams.

The first scandal during Chan’s stewardship as Transport Minister is the RM4.6 billion Port Klang Free Zone (PKFZ) bailout scandal, for which a full and proper accounting has still to be furnished by him.

Although the Cabinet on Wednesday decided to postpone the eKesihatan health screening of commercial drivers to enable the Economic Planning Unit (EPU) to co-ordinate the implementation of the programme, what are exactly the implications of the Cabinet decision.

Does it mean that the RM450 million 15-year eKesihatan middleman concession to centralize the health screening of commercial drivers, scheduled to begin on Oct. 1, had been merely postponed with the monopoly position of Supremme Systems Sdn. Bhd. basically unaffected or could the whole concession monopoly be scrapped?

And in the latter, would Supremme Systems be compensated a substantial amount resulting in a “heads I will, tail you lose” situation for the company at the expense of the taxpayers, as had happened in the past like the Johore Baru crooked half-bridge cancellation, where the contractor Gerbang Perdana Sdn. Bhd had been paid compensation of RM257.4 million, although the government had earlier computed a RM100 million compensation!

Chan should make public the full details of the eKesihatan contract which had been signed between the Road Transport Department and Suprmme Systems Sdn. Bhd, whether the Transport Ministry had fully committed the government to compensate Supremme Systems for delays in implementing the eKesihatan scheme, like the postponement decided by the Cabinet on Wednesday.

After the shocking disclosures of pervasive mismanagement of public funds in the 2006 Auditor-General’s Report and the RM4.6 billion PKFZ bailout scandal caused by the Transport Minister unlawfully committing the government to stand guarantee for RM4 billion bonds issued by a private company developing the PKFZ, Malaysians are entitled to demand higher standards of accountability to avoid repetition of the same mistakes in the Transport Ministry and the continued mismanagement of public funds. Continue reading “E-government to e-scam – Kong Choy should publicly justify e-Kesihatan”

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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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Rakyat Itu Raja!

By Farish A. Noor

It has, for reasons best known to some, become rather trendy to talk about the restoration of power to the King these days. Looking around the troubled landscape of Malaysia at the moment one does understand how and why the frustration of many could have led them to the conclusion that some higher form of intervention is badly needed at the moment. After all, four years on after the victory of the BN parties at the last polls it would appear as if none of the reform measures promised by the current administration have borne fruit: None of the major corruption cases have been resolved in court; reported incidents of abuse by the police have only increased; there is still talk of racial and religious communitarianism in our midst and the fanciful ego-trips of some politicians have compelled them to reach for the keris again and again in public.

By all accounts, it would appear as if the country has regressed over the years and we seem even closer towards sliding into the deeper morass of religious and racial sectarian politics. As if the divide-and-rule rhetoric of the race-based BN parties was not enough, now we are told that there will be a Muslim workers movement to rival the MTUC, which can only serve to divide the workers of Malaysia along religious sectarian lines even further. This can only add to the weakening of the workers movement in Malaysia, to the benefit of the established powers-that-be whose own divisive sectarian politics have brought us to where we are today.

So indeed, some kind of intervention is timely and badly needed, but from where, and who should be the actors and agents of change here? Continue reading “Rakyat Itu Raja!”

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AG’s Report – why the thunderous post-Cabinet silence?

Why the thunderous post-Cabinet silence over the 2006 Auditor-General’s Report — and does it signify the end of the three-day wonder of thunder-and-lightning in the media over abuses and mismanagement of public funds until next year’s Auditor-General’s Report?

Two Tuesdays ago, the Prime Minister Datuk Seri Abdullah Ahmad Badawi announced that he had directed all Ministers at the Cabinet meeting on Sept. 5 to go through the Auditor-General’s Report in detail and to fully explain mismanaging funds and other irregularities in their respective ministries.

Last Thursday, Abdullah said the Anti-Corruption Agency (ACA) should step in and investigate any suspicion of corruption in ministries and government agencies implicated in the Auditor-General’s Report 2006.

When was the Cabinet meeting for the Ministers to explain in detail the strictures of the Auditor-General against their respective ministries?

I had expected some announcement after this Wednesday’s Cabinet meeting on the outcome of the Prime Minister’s directive to all Ministers, but there is only thunderous silence.

Have all the Ministers been given a reprieve from having to personally account to the Cabinet for all the public fund mismanagement and irregularities in their ministries as revealed by the Auditor-General’s Report; and if not, why is there no public accounting from the Prime Minister as to any outcome?

For instance, what is the explanation from the UMNO Youth leader and Education Minister Datuk Seri Hishammuddin Hussein on the mismanagement of public funds of over RM285 million in the Ministry of Youth and Sports when he was the Minister from 1999 to 2004?

It is no use Hishammuddin making brave statements in public that “I’ve nothing to hide” and calling for thorough investigations into the misuse of funds by the Youth and Sports Ministry when up to now he has failed to give any satisfactory explanation for such colossal waste of public funds as the Minister in charge. Continue reading “AG’s Report – why the thunderous post-Cabinet silence?”

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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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Adventure in Canberra

Y.W.Loke emailed me:

Regarding “Malaysian consulate service a letdown”, which “Disappointed Malaysian” sent to you as well as to Malaysiakini, there was another letter to M’kini [copied below] which described an entirely different experience involving the consulate in Canberra, and in particular, Mr Haa.

Perhaps you may want to include that letter in your blog posting to offer another viewpoint for your readers to consider.

LETTERS: Adventure in Canberra

CL Yee Sep 19, 07 4:58pm

I refer to the Malaysiakini letter Malaysian consulate service a letdown. I share similar feelings as the writer about the inefficiency of their service generally. However, I had a different experience in dealing with Mr Haa, as I would refer to him.

I was a Malaysian student living in South Australia when I had my first personal encounter with the Malaysian consulate in Canberra to which I had to go to have my expired Malaysian passport renewed. Prior to coming to the office in person, I have made several telephone calls to the office.

A lot of the times, the calls went unanswered. When they did get through, I found myself talking to a female staff who was in my view was rude. Her English also left a lot to be desired. She boldly told me to come into the office in person and hung up.

Before that she gave me a list of all the documents I needed to have with me, or so I thought. I made an appointment for 9am the following Wednesday and was warned that the passport renewal could only be done between 9am to 10am. Unbelievable, isn’t it?

I flew in that day and was shocked when Mr Haa, who attended to me, said I needed a Proof of Residency certificate from the Australian Immigration to show that I was not at the time an Australian citizen. I told him my situation – I had just flown in and being my first time in Canberra, I did not know the place and that I needed my passport the same day because I was flying back to Adelaide that evening.

He then provided me with directions and assured me he would still process my application even if it was after 10am when I got the certificate. I had an opportunity to chat with him when I returned with the certificate. Turned out that he was originally Vietnamese, now an Australian and had been working for the Malaysian consulate for over 14 (or was it 20?) years. Continue reading “Adventure in Canberra”

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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”