I was disappointed by the speech of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi on “Delivering Justice, Renewing Trust” hosted by the Bar Council last night.
I had expected more, much more, than what was announced by Abdullah, viz:
• Ex-gratia payment for “the pain and loss” suffered by the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh and their families, Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh and Datuk George Seah in the 1988 Judicial Crisis. .
• A Judicial Appointments Commission;
• Review of the judiciary’s terms of service and remuneration to ensure that the Bench can attract and retain the very best of the nation’s talent.
The thunderous and prolonged applause which greeted Abdullah’s recognition of the “contributions of these six judges to the nation, their commitment towards upholding justice” and acknowledgement of “ the pain and loss they have endured” in the 1988 judicial crisis cannot hide the general disappointment that the Prime Minister had fallen far short of expectations to ensure a fair and just closure to the Mother of Judicial Crisis in 1988.
It is precisely because the “contributions, pain and loss” of the six wronged judges cannot be equated with mere currency that the ex gratia payment is grossly inadequate. The six wronged judges deserve a full and proper recompense.
Furthermore, the victims of the 1988 “Mother of Judiclal Crisis” and the series of one judicial crisis after another which rocked the nation for two decades were not just the six wronged judges, but the Malaysian people and nation for 20 years because of the ravages to the system of justice which became a laughing stock to Malaysians and the world.
The depredations to the system of justice in the past two decades, depriving Malaysia of a truly independent judiciary and a just rule of law, cannot and should not be swept under the carpet with an ex gratia payment to the six wronged judges in 1988.
A Royal Commission of Inquiry – a Judicial “Truth and Reconciliation” Commission – into the 1988 “Mother of Judicial Crisis” and two decades of judicial darkness should be set up precisely as the victims of the ravages to the justice system were not just to six wronged judges but the Malaysian people and nation which cannot be computed in monetary terms.
The objective of such a Judicial “Truth and Reconciliation” Commission should not be punitive but to find out what went wrong to cause the country to be enveloped by two decades of judicial darkness – why the various national stakeholders, the judiciary, Parliament, mass media and civil society failed the test to defend the cardinal Constitutional principles of the doctrine of separation of powers and an independent, impartial and competent judiciary.
It is only with such a comprehensive investigation and serious soul-searching that we can ensure that another “judicial darkness” will not descend on Malaysia in future.
Abdullah’s initiatives announced last night however belated is most welcome
but they are only initial steps towards major national reforms which he had promised but failed to fulfill since becoming Prime Minister more than four years ago.
Has Abdullah the political will to implement bold reforms to institutions, laws, mindsets and system of governance in all areas of national life starting with a comprehensive package of national reforms when the new 12th Parliament convenes on April 28?
#1 by ENDANGERED HORNBILL on Friday, 18 April 2008 - 10:34 am
PEOPLE & POLITICS
Wanted: Singapore’s fourth PM
http://www.straitstimes.com/Free/Story/STIStory_228485.html
Actually, Pak Lah and Najib should try applying. This way they can benchmark themselves with the best talent. Just wondering if they will be in the top 200 eligible candidates or not? Also wondering if S’pore can lower the bar on the key attributes. That would certainly help because we have ‘global citizens’ who are ecperienced in negotiating subterranean submarine deals too, mixed with subterfuge for good measure.
STI: “Key attributes”
“SOME fundamentals are set in stone. Any PAP candidate, says Dr Ng, will have to be ‘trustworthy, capable and caring’.
‘These are non-negotiable,’ he says. ‘If you don’t have these, you’re not on the slate.’
Another attribute critical for the next PM: He will need to be a ‘global citizen’.
Whether it is about inflation, the price of rice or free-trade agreements, Singapore is so ‘globally linked that its leaders need to be internationally exposed and globally aware’, says Dr Ng, who is the Minister for Education and Second Minister for Defence. ‘That will become increasingly important.’ “
#2 by gofortruth on Friday, 18 April 2008 - 10:57 am
Who caused such “pain & loss”? If such a ruthless person who brought so much harm to the judiciary system is still allowed to walk free, where is justice in the nation?
Throwing “sweets & candies” at the people just before election didn’t work this time and imagine throwing “candies” at the judiciary victims without giving full apology. It is an utter insult to the victims. They all deserved FULL compensation & the culprit should be charged.
Or all these are mere half hearted SHOW?
We want to see what happens to Lingam case then we will know what kind of “Judicial Appointment Commission” we will get.
#3 by limkamput on Friday, 18 April 2008 - 11:25 am
Yes, I think the announcement by AAB has fallen short. No matter how forgiving we may want to be, it is time to settle the score. Past leaders who committed wrong must be called to account. This is the only right thing to do and an unequivocal example we want to set for present and future leaders. If we allow past leaders who have committed wrong to walk freely and talk loudly, it will only encourage present and future leaders to do the same. I say let’s have a thorough investigation to find out who were culpable and be punished for it. For too long the ruling class have it too good. Let break the circle of them protecting each other.
#4 by voice on Friday, 18 April 2008 - 11:27 am
As I expected from this kind of PM
#5 by seage on Friday, 18 April 2008 - 11:30 am
Its like breaking a person’s legs, then compensate them 20 years later with a wheelchair.
#6 by Bigjoe on Friday, 18 April 2008 - 11:30 am
No doubt what the PM announced is far from what the public wanted but the biggest danger I feel of regression is the exact nature of the Judicial commission of Appt. The key missing word is ‘independent’ i.e., accountable to Parliament and not the executive. If the Judicial Commission ends up like the Royal Commission to verify ‘Lingam Tape’, we are not going to see any real progress.
In fact, we are not going to see any real progress anytime soon since its mostly about appointments. How often do judges get appointed? Granted the most immediate concern is the next CJ. If Zaki gets the job, the whole thing is a mockery. Not only must Zaki NOT get the job of CJ, he should be removed from the bench entirely..
Its clear they are avoiding punishing anyone for past wrongs. Cover up and move on is still the operative idea here.
#7 by Damocles on Friday, 18 April 2008 - 11:50 am
Uncle Lim, the one and only way that Malaysians can ever see the light at the end of the tunnel, is to boot the BN out completely from the government.
As long as they remain in power, we are all doomed.
#8 by PSM on Friday, 18 April 2008 - 11:54 am
Bro Kit,
I think most of us were not disappointed! Because we knew this is what to expect from Pak Lah & UMNO!
They only know how to use Money (UMNO mahhhh!).
Royal Commission? We have yet to see what the Lingam RC’s come up with. Is it a wonder they have been prolonging the findings?!
Pak Lah knows he has to “show” the Rakyat he is doing something, if not the calls to resign will just intensify!
So he tries to bribe them (Money Politics)! What an insult!
UMNO can’t afford to have Judicial Reform because they need “crooked’ judges to help them keep doing their “dirty deeds”!
#9 by seage on Friday, 18 April 2008 - 11:59 am
I think one of the best way to deal with these UMNOputras is to chop off both their hands (Hudud)and throw them into ISA detention indefinitely. Then release them after 20 odd years and organise a dinner and invite all of them (How are they gonna eat? :p) and make a speech like Bodowi. Ahhh~ smell that sweet smell of revenge!
#10 by merdeka on Friday, 18 April 2008 - 12:10 pm
YB Lim,
No apology only compensation…..totally not acceptable.
The 6 judges sacked should not attend the function !!!!!!
BAR Council which had waited & fought 2 decades for this day is merely a toothless tiger !!!!!!!!!
#11 by madmix on Friday, 18 April 2008 - 12:25 pm
Tun Salleh himself has been quoted as saying; Bernama) KUALA LUMPUR, April 18 — “I praise Allah for being merciful and kind to me… I’ve waited 20 years and my prayers have been answered.”
This was the immediate reaction of former lord president Tun Salleh Abas after the government decided to give ex-gratia payment to those who were sacked during the judiciary crisis in 1988.
So Y.B. Lim, I think we should give be satisfied with abdullah’s concessions. To expect him to do much more would be politically difficult and would harm his precarious position.
#12 by alefree on Friday, 18 April 2008 - 12:25 pm
Judges are to be elected and not appointed.they are to be elected with nominations and the appointment is to be accepted by the Parliment.
Malaysia needs more Judges .I am fed up with the long delays for Court cases for both criminal and civil suits.
#13 by bLOGGERHEAD on Friday, 18 April 2008 - 12:26 pm
Wow!Why suddenly our PM became so wise and sensible like a saint? Firstly he agreed to 5 of the 6 demands by Ceupacs and secondly he promised a judicial reforms. But I can assure you these would not have happened if not because of the 8th. March political tsunami. It must be the post tsunami shock-wave that had enlightened and waken him up to the “New Dawn”. Hey! Mr. PM, since you are in such a”do good” mood, how about abolishing the ISA and make Malaysia trully democratic and the world world would salute you.
#14 by wag-the-dog on Friday, 18 April 2008 - 12:53 pm
Under threat? What threat?
BRAVE NEW WORLD By AZMI SHAROM
Since the recent general election, voices have risen up in a shrill warning cry that the Malays are now ‘under threat’. But perhaps the real threat is the threat to Umno hegemony.
AND so it begins. Race-based rhetoric has raised its ugly little head in response to a democratic process. Over 49% of the people of Malaysia have voted for parties that have rejected race-based affirmative action in favour of a needs-based platform.
VIsit http://www.wagthedog-malaysia.blogspot.com for details
#15 by stevchew on Friday, 18 April 2008 - 1:04 pm
Although it is short of an apology, this is already a big slap to the face of TUN.
#16 by mendela on Friday, 18 April 2008 - 1:18 pm
The culprit Maha-thiu should be brought to court immediate. Maha-thiu should be put to jail.
We must not allow him to keep on barking on the street. He has done too much damage to Malaysia.
This guy is worse than Marcos, far worse than his good pal Mugabi!
#17 by wargamalaysia on Friday, 18 April 2008 - 1:34 pm
wag-the-dog Says:
Today at 12: 53.18 (30 minutes ago)
Under threat? What threat?
BRAVE NEW WORLD By AZMI SHAROM
Since the recent general election, voices have risen up in a shrill warning cry that the Malays are now ‘under threat’. But perhaps the real threat is the threat to Umno hegemony.
AND so it begins. Race-based rhetoric has raised its ugly little head in response to a democratic process. Over 49% of the people of Malaysia have voted for parties that have rejected race-based affirmative action in favour of a needs-based platform.
—————-
I am not trying to be sceptical here. I read 2 articles in malaysia today. One abaut “Malaysians ready for non-racial government”. The other about “Gerakan has 3 options/alternatives”.
The interesting part is, Gerakan said – 1. stay with BN. 2. Join PR 3. Be independant.
Then the reason for not joining PR is GERAKAN (assuming it adopts PR objectives) will never have any seat to contest as DAP will contests all in urban areas, PKR in semi-urban and PAS in rural areas. And Gerakan always contests in most urban areas.
I am wondering – why DAP in all urban areas, PKR in semi-urban and PAS in rural? What determines these? Definitely the composition of voters.
Do we malaysians really ready for non-racial governments? As in the earlier article?
#18 by billgates on Friday, 18 April 2008 - 1:45 pm
Looks like Paklah is taking revenge on Tun Dr M. While it is a good start, we hope the ISA used by TDM under Ops Lallang be revisited.
Time now to abolish ISA and released the Hindraf 5.
http://pakatanrakrat-perak.blogspot.com
#19 by HJ Angus on Friday, 18 April 2008 - 1:46 pm
Under his present situation where many colleagues are reluctant to start such reforms, I think he has pushed the envelope as far as he can go.
Of course when the PR takes control of the government it can revisit the problem and take stronger measures.
Sometimes when one reaches the peak of the mountain, the view is quite different.
Now we can press to get that Judicial Appt. Commission set up with 6 months as the latest target.
http://malaysiawatch3.blogspot.com/2008/04/setting-reasonable-time-frame-for.html
#20 by Jeffrey on Friday, 18 April 2008 - 1:49 pm
“If the Judicial Commission ends up like the Royal Commission to verify ‘Lingam Tape’, we are not going to see any real progress” – Big Joe.
This Judicial Commission, proposed by Pak Lah is a Judicial Appointments Commission – a Commission to select future judges appointment, which we hope will evince and display independence based on its composition – it is not the same kind of commission of enquiry, enquiring or investigating certain defined questions and issues as the Commission enquiring the Lingam Video clip.
#21 by yhsiew on Friday, 18 April 2008 - 1:55 pm
The monetary compensation is merely another ugly face of UMNO’s money politics – they think money can buy everything!
#22 by Jeffrey on Friday, 18 April 2008 - 2:16 pm
We should not push the PM against the wall as if he made no significant concessions in principle as regards judicial reform.
The argument here is that there is no apology. I disagree. Why is it that the most significant thing in an apology must be the explicit use of the word … apology???
It is substance not form, whether word “apology” is present.
What is an apology (by not just words but acts, substance and not form)?
There must be an exchange of shame and power between the offender (Pak Lah reprsenting government) and the offended (Judges aggrieved represented by Tun Salleh Abas). (Pak Lah invited all the aggrieved judges to sit with him in same table to honour them. It was an act of humility on Pak Lah’s part).
An effective apology will have 4 basic elements : (1) expression of regret or remorse whether or not the person uses word apology or even says he is not apologising; (2) acknowledgment of injury; (3) degree of accountability; and (4) measures to prevent future wrongdoing/harm.
I contend all 4 basic elements have been fulfilled in last nights events – only in case of (3) and (4), whether there is follow up and satisfactory implementation.
Tun Salleh Abas’s remarks quoted by Bernama April 18 (if accurate) — “I praise Allah for being merciful and kind to me… I’ve waited 20 years and my prayers have been answered” – says all and confirms the existence of the apology, even if it was specifically denied by the PM that he has given one.
The “sleepy head” you talk about is the smart one who has given the apology for the government without saying, and even in fact denying that he has given one – thus balancing the pressures from all sides. It is a class act.
#23 by gofortruth on Friday, 18 April 2008 - 2:17 pm
Come to think of it, they are using the rakyat’s money to settle BN’s arrogant abuse on the judiciary system. Boleh ka?
#24 by Jeffrey on Friday, 18 April 2008 - 2:33 pm
What so great about use of the word “apology” or “I apologise”??? Didn’t the two Barisan Nasional (BN) MPs, Datuk Mohd Said Yusuf (Jasin) and Datuk Bung Mohtar Radin (Kinabatangan) publicly apologise for sexist remarks of “bochor” in Parliament against Fong Po Kuan ??? And did YB Kit accept that their apology was genuine contrition based on surrounding circumstances as measurement for sincerity? Did they buy a dinner and invite Fong Po Kuan to sit in same table with Kit to express regret like Pak Lah did to the aggrieved judges?
No – their explicit apology was not acceptable as an apology because it did not satisfy the four prerequisites of what an effective apology is or ought to be, I outlined above.
So Pak Lah said the government regretted but it won’t apologise (and I’ve given my reasons for that in my posting at 08: 15.05
in the other earlier thread “Umno and BN’s post-March 8 schizophrenia”) – so what about it, was there no effective apology in reality when all prerequisites of an effective apology have been met in last night’s dinner? Wasn’t there an apology???
I think there was.
#25 by MY VIEW on Friday, 18 April 2008 - 2:35 pm
A positive move by PM for the people and country. He cannot turn back the clock. So monetary compensation is the best for the innocent former CJ and the Federal Court Judges. To further accomplish the peoples wish is to have a Judicial Commission. Don’t let the culprits who have caused the sufferings of innocent men, to escape justice especially Lingam who have made the country a laughing stock. Don’t forget the mastermind. He is still walking free making a fool of the country’s present leadership.
#26 by Jeffrey on Friday, 18 April 2008 - 2:54 pm
Unless we know amount of ex gratia payment (eg a paltry RM1,000 per ex judge) how do we know “ex gratia” payment is not full and proper recompense???
And since the quantum and the amount is not really an issue – don’t tell me these judges of integrity are looking at the amount, when then is the issue?
Apology – It has already been impliedly given as I said about the 4 prerequisites of effective apology met last night!
Ex gratia means a recompense without admission of liability/guilt.
And there cannot be an admission of guilt/liability by present government on behalf of past Tun Dr Mahathir ‘s government because rightly or wrongly it has been determined by the present government not to revisit and re-open old wounds of the past and since the latter predecessor government has not been made subject of enquiry and investigation (as that of a Royal Commission), where is the adjudication and determination of previous government’s guilt and liability that present is supposed to apologise for??? Can we just base it on certain sections of public opinion??? If present govt admits gulit/liability where none is proven (except in court of certain public opinion) and give formal apology for that, it will give Tun Dr Mahathir extra ammunition to shoot the present for pandering to populist appeals without concern for what is right and wrong!
#27 by dawsheng on Friday, 18 April 2008 - 2:58 pm
(New Straits Times) – They may be sworn enemies but next week, representatives from Umno, Parti Keadilan Rakyat and Pas will meet to achieve a common goal.
The meeting is at the initiative of Umno supreme council member Datuk Mohamad Norza Zakaria who has been in contact with both PKR vice-president Mohamed Azmin Ali and Pas Youth chief Salahuddin Ayub over the past few days to arrange details.
“This is my own idea but I think it is timely especially after the results of the 12th general election,” Mohamad Norza said.
He said other supreme council members did not object to the meeting.
He said some of the issues to be discussed included matters relating to religion, education as well as the New Economic Policy.
He added that the three parties would try to determine where exactly the Malays stood at this point in time in terms of economic well-being.
http://www.malaysia-today.net/2008/content/view/6270/84/
#28 by Jeffrey on Friday, 18 April 2008 - 3:05 pm
But why is race an issue after 8th March 2008???
They may be sworn enemies but next week, can representatives from DAP, MCA, Gerakan and MIC meet to achieve a common goal – where exactly the Non Malays stood at this point in time in terms of economic well-being.
#29 by Jeffrey on Friday, 18 April 2008 - 3:06 pm
sorry – “in terms of political well-being”.
#30 by MY VIEW on Friday, 18 April 2008 - 3:20 pm
I feel the other parties should not do what UMNO, PKR and PAS is doing. It’s totally negative to racial unity. It’s nothing good for the country. UMNO is the culprit who initiate this so called race/religious meeting. We all know that UMNO devide and rule all these while for their survival. The other parties need not emulate this negative event.
#31 by LALILOo on Friday, 18 April 2008 - 3:21 pm
As Tun’s dirty linen are being washed in public one after another, it is no wonder that he is dead set in getting rid of AAB in order to stop more juicy stuffs from getting to the public. From the crooked bridge to the Lingam tape and Tun Salleh sacking, one by one these high-handed decisions that he made are coming back to haunt him.
Lastly, the thought of Anwar becoming the next PM is already given Tun nightmares. Will Anwar retaliate back for all that he has been wronged for?
That is why, to Tun, Anwar must never be given the chance to become a PM, at least in Tun’s lifetime. That is why, a weak AAB must go and someone strong should takeover and continue to protect his wrongdoing.
Darn, politics has never been that interesting until now.
#32 by pwcheng on Friday, 18 April 2008 - 3:25 pm
If the Non-Malays were to meet to achieve a common goal, it will be seditious. The non- Malay parties, I bet will never dare to do what UMNO does. They had too often been told “do what I tell you to do and do not do what I am doing”
#33 by novice101 on Friday, 18 April 2008 - 3:27 pm
We are talking about Fairness, aren’t we!
Knowing the constraints the PM is facing and the difficult situation he is in, he deserves to be commended for what he has done. The wronged judges there last night expressed satisfaction with what was proposed by the PM. This matter should be left with the PM to take it forward for its implementation.
There may be some who are are still dissatisfied, they think the PM has not gone far enough. Let us give credit where credit is due. In the past 20 years of Mahathir’s rule, no one had managed to nudge Mahathir an inch! Now, AAB has, on his own volition (albeit with some pressure from the GE12 result), has instituted some changes. This is more than what Mahathir had ever conceded. One may be still unforgiving and is adamant to want to extract more, but it would be good to remind oneself that one was also around in the 20 years Mahathir was the prime minister, what had one extracted from the man himself. Nothing, nought!
If one still feels more can be done and wants the PM and his government to go along that line, then it is for one to monitor, prompt, direct, advise and guide them.
Let us give credit where credit is due!
#34 by Jeffrey on Friday, 18 April 2008 - 3:36 pm
//If the Non-Malays were to meet to achieve a common goal, it will be seditious// -pwcheng. Ok but we’re talking about participation of Pakatan Rakyat’s partners PKR & PAS. If that’s OK to DAP – and DAP cannot meet with MCA, Gerakan and MIC) does it not imply DAP to PKR and PAS is not different from MCA/Gerakan to UMNO under BN, and if so what’s the difference between Pakatan Rakyat and Barisan Nasional’s so called equal power sharing premises in context of race hegemony???
#35 by pwcheng on Friday, 18 April 2008 - 3:36 pm
By the way , what our sleepy head ( not so sleepy nowadays after PR gave him a dose of wake up mixture) said yesterday in the Bar Council Dinner might be forgotten in a few days time. Can we give him the benefit of the doubt this time after the march 8 trashing? I am afraid a leopard will never change its spot.
#36 by Jeffrey on Friday, 18 April 2008 - 3:40 pm
pw cheng says, “If the Non-Malays were to meet to achieve a common goal, it will be seditious”.
By your logic if PR’s partners PKR & PAS can meet UMNO, and DAP cannot meet with MCA, Gerakan and MIC, what is the difference between Pakatan Rakyat and Barisan Nasional’s power sharing premises in terms of equality?
If PKR participates does it not connote it is a malay based rather than multi-racial party?
#37 by Tickler on Friday, 18 April 2008 - 3:48 pm
Najib: Payment is no apology
http://malaysiakini.com/news/81577
#38 by Tickler on Friday, 18 April 2008 - 3:48 pm
Oh-oh, I forgot:
Na jib: Payment is no apology
http://malaysiakini.com/news/81577
#39 by MY VIEW on Friday, 18 April 2008 - 3:59 pm
Samy: Dr M has weakened BN
RK Anand | Apr 18, 08 11:23am
—————————————————————
Actually Mahathiu has weakened UMNO but has wrecked BN. He doesn’t care. All he wants is his crooked bridge.
#40 by MY VIEW on Friday, 18 April 2008 - 4:05 pm
Tickler Says:
Today at 15: 48.39 (11 minutes ago)
Oh-oh, I forgot:
Na jib: Payment is no apology
———————————————————
Yes, only the person who has the power to simply dismissed Judges should apologised.
#41 by Cinapek on Friday, 18 April 2008 - 4:07 pm
I will believe AAB’s Judicial Appointment Commission after I have seen it happening. And I will believe his sincerity after I have seen who he has appointed to the Commission.
Learning from the experience of the IPCMC and its watered down version now awaiting Parliamentary approval, I have little faith in his promise to deliver. This is further amplified by his feet dragging over the Lingam tape case during which time the guilty parties managed to work out their answers for the RCI. Sounds too convenient.
And he unshamedly claims credit for setting up the Judicial Appointment Commission in his speech last night when he said …..”The Government has set the ball rolling. We have put forward initial, but vital, steps.Now it is for all parties concerned – the judiciary, the Bar, civil society and the public at large – to also play their respective roles in facilitating these reforms.” Tak malu to make this claim. The Govt was trying to throw the ball out. It was the Bar Council march to his office that set the ball rolling. Even then he tried to play dirty by using his FRU goons to intimidate the marchers. And we all remember what his hatchet man Nazri called the marchers. And now AAB had the gall to claimed the Govt. set the ball rolling.
#42 by Bigjoe on Friday, 18 April 2008 - 4:18 pm
They can’t issue an apology because an apology would be an admission of guilt legally – basis for class-action suit that is could number in thousands running into billions even with limits of damages.
Again, the modus operandi is still cover-up and move on…
#43 by Tickler on Friday, 18 April 2008 - 4:24 pm
Yes, only the person who has the power to simply dismissed Judges should apologised – posted above
_________________________________
In truth I would opine that what would be more preferable is an RCI to investigate in depth the misdeeds and absolute perversion of power which would ultimately result in AG, ACA, IGP answerable to parliament.
That is not to punish the Artful Dodger, but to clean up the corrupt system that is being perpetuated.
#44 by shortie kiasu on Friday, 18 April 2008 - 4:25 pm
Ex gratia payments to the ‘six’ has nothing to do with the judiciary reform.
Unless and until the Article 121(1) of the Constitution is reverted, whatever Abdullah and BN introduce are just cosmetic dressing.
Do they have the gut and wisdom to undo what was done it? That is a million dollars question.
#45 by daniel on Friday, 18 April 2008 - 4:31 pm
Just musing on a technicality.
1. The Tun Salleh and the other judges were handed a judgement by a judicial tribunal. Does the government have the authority to reverse that decision?
2. Assuming that the government does have the authority to overturn the decision of the tribunal which heard the case, wouldn’t it then, place the blame, and hence suspicion of being beholden to the previous government, squarely on the members of the tribunal?
#46 by HJ Angus on Friday, 18 April 2008 - 4:35 pm
I think Zaid mentioned seeking the help of the Opposition to amend the Constitution and Prof Farooq also touched on this during the Bernama talk-show this morning.
#47 by Jeffrey on Friday, 18 April 2008 - 4:44 pm
Malaysiakini reported – “Also present was Azmi Kamaruddin, the supreme court judge who was suspended then.
He said that former prime minister Dr Mahathir Mohamad, and not his successor Abdullah, who should be apologising to the judges.
“Why should the present prime minister apologise? He has done nothing. (Mahathir) should apologise if he is a gentleman – it is not apologising to the judges but to the country,” he added.
Asked if he felt vindicated, he replied: “Not vindicated, but I feel the sacrifices I have made (were worthwhile). So I am a very happy man tonight. Thank God if I die, I have heard this speech.”
Azmi also described Abdullah’s announcement to reform the judiciary a good start which needs to be carried out step by step”.
#48 by sheriff singh on Friday, 18 April 2008 - 4:47 pm
It was disappointing that there were no apologies for Salleh Abbas and his former colleagues. Najib said today the government’s ex gratia payment did not amount to an apology. So what kind of victory, moral or otherwise, is this?
Sure they get “ex-gratia” payments but what about back pay and damages? This ex-gratia is like “goodwill” money out of the government’s generosity, thats about it. Like bonus money they freely give out to civil servants.
And with this payment, all black stains should and must just disappear? The 6 judges are all still on record as having been charged with misconduct although some were later cleared. Their careers came to abrupt end for most of them.
The government should come out plain and say the decisions of the Committees of Enquiry are “unsafe” and “suspect” and can no longer be relied upon.
The government should not just say “lets move on” with this ex-gratia payment. All wrongs must be put right first, painful as they may be. The people demands it.
Having said the above, one must also not over glorify the 6 judges too much. They were merely doing their jobs without fear or favour. Unfortunately they bumped against the likes of Tun Mahathir who had other sentiments and thoughts. The 6 were seen to have been victimised. The rest is history.
Let us all call for a full enquiry to exonerate or confirm the guilt of the 6. And punish any perpetrators and wrong doers of this sordid affair. Only a proper enquiry with full integrity, transparency and accountability can bring this matter to a proper close.
#49 by merdeka on Friday, 18 April 2008 - 5:17 pm
NO APOLOGY !!! I repeat NO APOLOGY. So stop talking about APOLOGY. The 6 wronged judges are willing to attend the function & have accepted it, what more can we do ?????
#50 by i_love_malaysia on Friday, 18 April 2008 - 5:34 pm
What do we expect from a disappointed PM? of course a disppointed judicial reform speech & disappointed action plans to restore justice and trust!!! read my lips, those appointed to the JAC will disappoint all of us, too . As the Chinese saying goes, if the top column of the building is not straight, those columns below will be the same,too i.e. if the top leadership is not right (corrupt, power crazy etc), those below them will follow suit!!! So, the top needs to be changed, before we talk about the change at the bottom!!!Got it!!!