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. Read the rest of this entry »

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: Read the rest of this entry »