Consult PSCI on appointment of new ACA DG


An hour before midnight, Bernama released the news from the Prime Minister’s Office “Zulkipli’s Contract As ACA Chief Not Extended”.

The decision not to renew Zulkipli’s contract as Anti-Corruption Agency (ACA) director-general, which ends today, has saved the Prime Minister, Datuk Seri Abdullah Ahmad Badawi from a “firestorm” of nation-wide protest and international ridicule which would have immediately exploded in his face if Zulkipli’s contract as ACA chief had been further extended — a grave consequence which I had taken pains to serve public warning in my media statement yesterday morning.

In fact, no ACA director-general apart from Zulkipli had brought greater disrepute and odium to the anti-corruption agency in its 40-year history — with Malaysians questioning for the first time its very integrity apart from its ineffectiveness and impotence when dealing with corruption involving the “big political fishes”.

It reflects poorly on the lack of political will of the Prime Minister in his pledge to give top priority in his administration to the campaign against corruption that Zulkipli was allowed in the past month to continue to helm the ACA in the face of serious corruption allegations made against him by former Sabah ACA director Mohamad Ramli Manan when he should have been asked to go on leave to protect the public image and integrity of ACA.

Zulkipli’s credibility and integrity suffered a serious dent when he backed out of his earlier public commitment to appear before the Parliamentary Select Committee on Integrity (PSCI) as he had nothing to hide, raising questions as to what are the things he could not say and reveal to the PSCI about ACA’s integrity, commitment and sense of purpose to wipe out corruption.

The close-to-midnight statement from the Prime Minister’s Office is however a great disappointment.

The statement expressed gratitude to Zulkipli for his services since his appointment to the post on secondment in April 2001 and subsequently on contract from July 2005.

The statement said: “Under the leadership of Datuk Seri Zulkipli Mat Noor, various proactive and renewal efforts were undertaken including upgrading the network of collaboration at the international level.

“The government takes this opportunity to express the highest gratitude and thanks to Zulkipli for his services as the ACA director-general.”

What is the use of “upgrading” the ACA’s “international network of collaboration” when domestically, corruption had plunged to the worst-ever level in 50 years of national independence, as reflected by the 44th ranking of Malaysia in Transparency International (TI) Corruption Perception Index (CPI) 2006 — which is seven places worse than No. 37th in 2003 when Abdullah became Prime Minister and 21 places worse than in 1995 when TI first started its annual CPI.

Zulkipli had undoubtedly scored another first among all the ACA director-generals in the past 40 years — being the most travelled ACA chief attending the most number of international conferences, though with the least results in stopping the rot of corruption despite the biggest budgetary and staff increases for the agency in the past three years.

It will be salutary if the full list of the international conferences and foreign trips which Zulkipli had made during his tenure as ACA director-general is made public, as he clearly was more interested in the ACA’s “international collaboration” than in the real war against corruption in the country.

I said yesterday that time is fast running out for Abdullah to salvage his anti-corruption pledge and agenda — as Malaysia is in the throes of a full-blow corruption crisis, with corruption and abuse-of-power charges against the high and mighty flying thick and fast in the country, whether against the Prime Minister involving his family members, the Deputy Prime Minister concerning mega defence contract commissions, heads of state governments like the Chief Ministers of Sabah and Sarawak, judges made by the Chief Justice himself, the ACA director-General or the Deputy Internal Security Minister in the “freedom for sale” scandal .

It must be very galling for Abdullah that the former Prime Minister, Tun Dr. Mahathir Mohamad has now turned the table on him with the latter repeatedly declaring that corruption today is worse than under his 22-year premiership — and with more and more people agreeing.

There are two things Abdullah must immediately do to salvage his collapsing, if not already-collapsed, anti-corruption campaign:

  • Appoint an ACA director-general fully committed to an anti-corruption campaign, regardless of “ikan bilis” or “ikan yu” and who can command public confidence. The Parliamentary Select Committee on Integrity should be consulted on the appointment of the ACA director-general who should not come from police ranks after the disastrous example of Zulkipli.
  • Introduce legislation in the current meeting of Parliament to remove the ACA from the jurisdiction of the Prime Minister’s office and to make it fully independent and answerable only to Parliament.

  1. #1 by lakshy on Saturday, 31 March 2007 - 10:36 am

    In any organisation, when the top is corrupt, the rest will follow the leader to a smaller degree, and the whole organisation will eventually crumble to naught.

    What this episode shows is that we have poor integrity at all levels in this country. This is a disease that will be very very difficult to wipe out as it will spread like a cancer. What it needs is the will to chop off these diseased limbs but the will is weak to do so. So the country will continue to rot and go downhill.

    All Malaysians are to blame for the current state of affairs. We put these people in power and they have corrupted the system absolutely. No excuses. We are all to blame, and we are getting what we deserve.

  2. #2 by mata_kucing on Saturday, 31 March 2007 - 10:58 am

    Putting a man of integrity as ACA chief is only a minor solution. The whole issue here is that the ACA should be totally independent from the Executive. But we all know this is not going to happen any day soon under the present regime for the simple reason that the PM and his immediate family will also be subjected to the due process like everyone else. With his reported multi-million Australian house, luxuary yacht, his son and son-in-law business empires, is he going to take the risk? No way, Jose. Not even till the cows come home. Unless, he and his family is given total inmunity from investigation. But that’s like giving a thief your ATM card number. And how about the rest of the crooks who are running the country? Will they support the PM?

    So Kit and the rest of us can shout until our faces are blue, nothing will change. We have only one trump card and that’s out vote. Are we willing to make it count?

  3. #3 by Cinapek on Saturday, 31 March 2007 - 11:07 am

    Zulkipli is only following his boss’s example when he went gallivanting all over the world and neglect his work at home. Just like his boss, he is also boosting his international image.

    If his boss can be away from home at the height of the people’s suffering during the worst floods in 100 years and thinks he is maintaining “control” by remote, what is the difference with Zulkipli’s actions?

    After all it is all taxpayers’ money to go “makan angin”. We are lucky he did not decide to buy a new plane to do this as well. He could have ordered it for MAS and leased it from them. And if asked he can say it is not for his own use but the Interior Minister can use it as well.

  4. #4 by k1980 on Saturday, 31 March 2007 - 12:24 pm

    Zulkipli’s contract as ACA Chief is not extended but will it mean that all investigations on his past illegal actions be stopped too? Or will he be appointed to head yet another money-grabbing post? And why must the ACA be only answerable to the PM and not to Parliament? After all, the appointment of the ACA DG depends entirely on the PM!

  5. #5 by Jeffrey on Saturday, 31 March 2007 - 12:48 pm

    Corruption operates within an Opportunity – Need-Greed- triangle.

    Opportunity is where one’s political, official, bureaucratic position, the power, influence and connections enable one to secure an unfair advantage, in terms of making money or procuring money-making opportunities or other favours, over others.

    Opportunities are always abound. As human nature is frail and the tendency to unfairly gain over others is human and almost universal, we need institutions like the Anti-Corruption Agency (ACA) to keep corruption in check.

    [For this reason, the ACA should be bold and relentless in its work. Above all, it is clear-cut that the ACA itself should be above board. The government’s decision not to renew Zulkipli’s contract as ACA’s director-general is imperative. Renewal is not an option. It remains who succeeds him. I agree with YB LKS’s suggestion that “The Parliamentary Select Committee on Integrity (“PSCI”) should be consulted on the appointment of the ACA director-general who should not come from police ranks after the disastrous example of Zulkipli”. Even if PSCI were not consulted there is nothing wrong with PSCI proffering its suggestions on such appointments].

    The other suggestion that legislation should be passed so that the ACA may be removed from the jurisdiction of the Prime Minister’s office – “to make it fully independent and answerable only to Parliament” – is, however, less clear-cut. [Indirectly, it implies that the Prime Minister may not have the political will to fight corruption. To imply such is, however, not without justification judging by the way Malaysia drop from No. 37th ranking in 2003 (since “Abdullah became Prime Minister”) to 44th ranking in the Transparency International (TI) Corruption Perception Index (CPI) 2006].

    Corruption cannot however be stemmed by rhetoric, no matter how inspirational or pious, which then becomes empty sloganeering. The foundation for all anti-corruption efforts and campaign is political will : with it, progress will be made, no matter how slow – without, the situation is hopeless!

    Take the case of Corrupt Practices Investigation Bureau of Singapore (CPIB) – the equivalent of our ACA. The CPIB will investigate even the circumstances of a lavish food bill or an expensive hamper when a public official is entertained. That is political will. And the CPIB reports directly to the Prime Minister of Singapore. It is argued that this is so to enable the Prime Minister to block any undue interference from any quarter to compromise CPIB’s independent investigations of even powerful cabinet ministers suspected of corrupt acts. Where there is political will as evinced by then premier Lee Kuan Yew, even oversight of parliament is not necessary.

    Political will – and the public perception of it – of the top leader is of paramount importance because it is a prerequisite needed to establish the much needed moral authority to stamp out corruption amongst the powerful politicians who are in turn the political bosses of civil/public servants including the police.

    As the old but wise adage goes, that those who live in glass-houses cannot throw stones, so top political leaders should know that if they want to stamp out corruption amongst civil servants to improve public delivery, they should do first by example in their personal conduct and lives. [We now even have a ridiculous situation of a previous premier (Tun Dr Mahathir) accusing the family members of his own anointed successor of having an expensive house in Perth valued AUD25 million whilst forgetting at the same time his own family members also have an expensive house in Vancouver, Canada said to worth USD20 million].

    But alas this is where the rub is – it will have to involve a change of mindset rooted deep in culture and that is something that cannot change overnight but through generations learned from trials and tribulations, hardships and failures!

    To resist the blandishments of corruption, the mindset has to be one that believes in honesty, honest deeds and the virtue of reward only when it comes from a hard days work without undue unfair advantage over other people. Indeed, it is an attitude of mind even higher than mere honesty. It is a standard of honour, founded on self-respect, sense of duty, tradition and discipline. It is learning how to feel good of a job well done and just not being rewarded no matter that the work is not well done just because one is born with the right skin colour, religion, creed, socio-economic status that provides the unfair advantage. It is that basic belief that all men are born equal deserving equal opportunities and adherence to that ethical principle that no one should do unto others what you won’t want others to do unto you’ – and that the only justification one does better and have more financial rewards is diligence and merit, and until that happens one is prepared to leave within one’s means in austerity without the big mansions, luxury cars or yachts, mistresses, overseas holidays and holiday homes!

    Sadly, we don’t have that cultural mindset here. Due to historical accidents of colonialism and migration, what we have here is the entrenched dichotomy of bumiputra and non bumiputra, of the NEP and the rejection of Meritocracy, the very system and policies that conduce and facilitate rather than stem the natural human tendency to secure unfair advantage over others, slipping imperceptibly over the line to corrupt practices, in the case of politicians and public officials and corporate captains, in the private sector.

    Efforts at human capital development, as a continuous agenda, to meet the challenges of Globalisation as touted by the Prime Minister will necessarily remain an empty rhetoric and meaningless slogan if the root cultural cause of corruption – the political culture of the country – is denied and not changed.

  6. #6 by mandela on Saturday, 31 March 2007 - 3:36 pm

    Put this Zoo-kipli into jail for 10 years and we will see great result from ACA very soon.

    We must kill one to warn hundreds!

  7. #7 by blueheeler on Saturday, 31 March 2007 - 4:16 pm

    I think some outside help is needed to appoint the next ACA head. Outsiders would be more objective and would not be pressured by Malaysian interest groups.

    How about engaging Singapore’s Corruption Prevention Investigation Bureau to help appoint M’sia’s next ACA head? S’pore has the right formula for anti-graft. Maybe they can help choose an uprighteous Malaysian – Malay, CHinese, Indian or whoever is the most capable/cleanest – for the job…

  8. #8 by incubus on Saturday, 31 March 2007 - 5:25 pm

    Only in our country can a public official in charge of an anti-corruption agency be accused of corruption and ends up getting gratitude by the gomen, even before the allegations are cleared. The issue of whether to renew his appointment or not should not have even been considered. He should have been put on leave immediately the allegation surfaced.

    Then we have AAB whilst sleeping, may issue a statement sparringly with no action taken whatsoever. What is the point of saying something which no one takes seriously anyway? No point portraying confidence in calling elections early. Maybe he realises that if elections were to come in 2009, the people would have already lost total confidence in the gomen.

  9. #9 by Loh on Saturday, 31 March 2007 - 5:52 pm

    Article 145 (1) of the Federal Constitution reads: The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.

    The same qualification should apply for the position of the ACA D-G. As a minimum, the person should be qualified to be a judge of the High Court, if not the Federal Court. Judge Harun Hashim was the DG, possibly the first person on that post in the 60s. The PM who appointed Harun wanted him to carry out the duties expected of ACA. I am not sure of the intention of the PM who appointed the outgoing DG.

    The background of the incoming DG will tell us the motive of the PM. A judge’s qualification is a necessary condition, though not the sufficient one.

  10. #10 by Jeffrey on Saturday, 31 March 2007 - 6:23 pm

    Well, according to Chief Justice of Malaysia, Tun Ahmad Fairuz Sheikh Abdul Halim, “there are judges who accept bribes”.

    It boils down to whether there is genuine political will to eradicate corruption : if there is, the DG will be appointed on the basis of but only one main qualification in relation to which all else is peripheral – integrity and courage.

  11. #11 by Jeffrey on Saturday, 31 March 2007 - 6:29 pm

    The other question is : with the non renewal of Zulkipli’s contract as Anti-Corruption Agency (ACA) director-general, does that imply quid pro quo all investigations on allegations of corruption will be stopped or that the Parliamentary Select Committee on Integrity will not pursue the hearing of Zulkipli and Mohamad Ramli Manan?

  12. #12 by Loh on Saturday, 31 March 2007 - 7:50 pm

    His case will be on number 19, after the 18 have been settled!

  13. #13 by HJ Angus on Saturday, 31 March 2007 - 8:05 pm

    The USA may not be the ideal democracy but at least they have good screening processes for important appointments like the judges or the AG’s office.

    This reduces the chance of an unsuitable person being appointed. In Malaysia we have really vested too much power in the Executive and that is one of the reasons we have so many problems today.

    As far is corruption is concerned Malaysia is hoping that giving sermons is going to eradicate the problem.
    http://malaysiawatch.blogspot.com/2005/10/corruption-report-card-fail.html

  14. #14 by sheriff singh on Saturday, 31 March 2007 - 9:05 pm

    What this means is that all the crooks will have to ante up again.

    May be appoint a Chinese for the job this time? Christopher Wan maybe? Or, gasp!!, Lee Lam Thye, the National Service man? Ramon Navaratnam? Ali Baba?

    Or are there no qualified non-bumi or Malay, to be specific?

  15. #15 by undergrad2 on Saturday, 31 March 2007 - 9:17 pm

    “In Malaysia we have really vested too much power in the Executive and that is one of the reasons we have so many problems today.” HJAngus

    Any constitutional law student studying abroad will readily agree with you in your observation. The de facto power of the head of the Executive far exceeds that vested by our Constitution of 1957. The fault is not with our Federal Constitution.

  16. #16 by dawsheng on Saturday, 31 March 2007 - 11:29 pm

    The way this story is unfolding is painful. How many times I have heard of PSCIs? What is PSCI? Is this something like playstation? Are we all in this game? At last,nothing happen to him. This is reapeating, this is the tradition of automatic corruption system in Malaysia, made specially by Malaysians for themselves.

  17. #17 by Jeffrey on Saturday, 31 March 2007 - 11:32 pm

    The new Director General should be drawn from a pool of eligible candidates noted for their integrity, competency, legal expertise and good personal reputation approved by the Parliamentary Select Committee for Integrity, one of whom would eventually be selected on the basis of an unanimous decision of the Prime Minister, the Chief Justice, IGP and the Leader of Opposition.

    Thereafter he is given security of tenure like a judge and cannot be removed except in defined cases of commission of a crime.

    The Director General may then be given a free rein to appoint his immediate deputies and other key assistants whose service of contracts shall, like the case of Hong Kong Independent Commission Against Corruption be independent of civil service rules and made on the basis of mutual consent. The officers join the ACA through a special examination and cannot enter into politics, join the Civil Service or the government after they leave the ACA. Whilst Director General may be made to answer ultimately to Parliament, he should report his findings and progress of investigations to an oversight body comprising past distinguished judges, IGPs and distinguished and reputable members of society drawn from public service the professions and private sector.

    This kind of structure will have the necessary checks and balances to combat corruption. This structure is inspired by the one adopted by this country known as Utopia.

  18. #18 by undergrad2 on Sunday, 1 April 2007 - 12:29 am

    To: Jeffrey QC

    The head of any anti-corruption agency should in my opinion be a retired judge. A serving or retired police officer is a bad choice to head such an agency.

  19. #19 by undergrad2 on Sunday, 1 April 2007 - 12:34 am

    Speaking of the country known as Utopia, I have applied for permanent residency in that tiny state, and am anxiously waiting to know the fate of my application.

  20. #20 by Jeffrey on Sunday, 1 April 2007 - 12:47 am

    “The head of any anti-corruption agency should in my opinion be a retired judge” – Undergrad2. Loh also commented, ” judge’s qualification is a necessary condition, though not the sufficient one”. I am just curious to know why some of you think a judge’s credential is more important than (say) someone with police investigation background as well as knowledge of law or at least criminal and public law like, as what Sheriff Singh mooted, our director of the Criminal Investigations Department (CID) for so long as he is a man with impeccable credentials and repute of courage and integrity.

  21. #21 by smeagroo on Sunday, 1 April 2007 - 1:19 am

    wont be renewed but still has time to meddle with affairs and probably evidences. In the end, semuanya OK!

    Yea, it is ok to buy a mansion worth rm60mil overseas. He should hv “invested” 60mil here in Msia but no no no. Could have bought a tongkang from Kelantan or Terengganu but no no no. Must be imported stuff.

    No wonder all in parlaiment running wild and wanting a piece of the cake la. EVen sate also must sapu. WHen the top is rotten, we need not say anything else abt the bottom. It smells!

  22. #22 by lakshy on Sunday, 1 April 2007 - 7:22 am

    You know whats the sad part, even if everyone here votes for opposition, BN will still win the next GE, and there is nothing we can do about it. The rural areas are safe havens for BN. There are many areas that are safe seats for Bn candidates, and many more that can be won for a few ringgit.

    And of course if they lose to PAS in some areas, they could just pull PAS into the coalition and we would still have BN ruling us so that the same people can rape the country in the name of fighting for malay rights.

    What hope for Malaysia? Only pain and more pain…….

  23. #23 by lakshy on Sunday, 1 April 2007 - 7:25 am

    And……..HAPPY APRIL FOOLS DAY to all of us Malaysians! The jokes on us for having such a government. Sadly this joke is on us not only on 1st April, but also for the forseeable future!

  24. #24 by WFH on Sunday, 1 April 2007 - 9:15 am

    My goodness, with the sh*t swirling around him, even as his tenure as ACA DG is NOT extended, the PM’s Office still includes an expression of “gratitude” for services rendered. Truly unbelievable!!!

    Perhaps the “gratitude” part refers 3 things:-

    1… To the anti-corruption responsibility the ex-DG had NOT carried out i.e. “THANK YOU” for not having pursued the 18 big fish, and others not so big but “VIP”-enough;
    2… “THANK YOU” for keeping the ACA as the docile, no-bark, no-bite tool of the UMNO-led Administration;
    3… And, the worst possible situation now, viewing he was not suspended and hence had complete freedom of the ACA offices and resources ever since serious allegations against him surfaced, WHAT files, other than his own, have followed him out of the ACA offices during the past month and up to his last official working day? Did PM AAB NOT suspend him because he had a very IMPORTANT “housekeeping” function to complete for the powerful Government Ministers, their underlings, the party warlords?

    With point 3, if effectively and well carried out, surely (for lack, or impossibility, of commencing criminal prosecution of top Government leaders) our various international rankings of corruption will be bound to improve to those of better, earlier days.

    Oh, I could also refer the same scenario to the “bribe-for-freedom” Deputy Internal Minister….He remains unsuspended to do some toilet cleaning role, disinfecting the sh*t so visible to all and sundry. But that reality is difficult to hide, knowing the country’s reputation for public toilets, Same for public officials and leaders too.

    Heck, Malaysia has fallen through and beyond “The Twilight Zone”….

  25. #25 by Kingkong on Sunday, 1 April 2007 - 12:12 pm

    Quotable quotes from Mr. Lee Kuan Yew of Singapore taken from today’s Oriental Daily News ( 1-4-07 );-

    “The success of a country lies on the elimination of corruption, maintain a highly efficient administration and a people who could cop with the ever fast changing global environment. “

    “Keeping good people is crucial for the development of the country. Singapore is losing her own people also, but is able to attract talents from India and China at the same time. No matter how the direction of Singapore goes, the most important thing is talents and the inflow must be always more than the outflow. “

    “If we could maintain the will to progress, and continuously find ways to catch up with others or exceed others, then we will be successful. “

    Above quotes are taken from the world leaders forum held by the Australia and New Zealand Strategy Institution in his recent visit. When Lee speaks, people pay attention. He did not go there to officiate any opening of a restaurant.

    Wisdom is universal and the quotes are food for thought.

  26. #26 by art-upon-mu on Sunday, 1 April 2007 - 12:31 pm

    To concentrate on running our country, our PM and cabinet members cannot have ‘a man with impeccable credentials and repute of courage and integrity’ to be the next ACA DG.

    No, no! With an incorruptible guy like that in office and not answerable to the PM, our PM and cabinet members will have sleepless nights and always be looking over their shoulders, just in case that guy finds some skeletons in their closets or digs up long-forgotten dirts from under some old carpets.

    How can our PM and cabinet members run our country effectively?

  27. #27 by HJ Angus on Sunday, 1 April 2007 - 12:38 pm

    “food for thought?”

    Looking at the 3 main points, Malaysia is really starving!
    Corruption is perceived to be endemic like a worst case scenario of SARS and bird flu – people are not dying but the disease is spreading.

    Highly efficient admin is impossible when the civil service is the waste dump of thousands of unemployable graduates.

    The majority of the people have been brainwashed into not coping but simply copping out with the demands for more crutches.

    The prognosis is really bad for the patient. Prepare for worse case scenario.

  28. #28 by ENDANGERED HORNBILL on Sunday, 1 April 2007 - 12:43 pm

    Jeffrey Says:

    April 1st, 2007 at 12:47 am
    “The head of any anti-corruption agency should in my opinion be a retired judge” – Undergrad2. Loh also commented, ” judge’s qualification is a necessary condition, though not the sufficient one”. I am just curious to know why some of you think a judge’s credential is more important than (say) someone with police investigation background as well as knowledge of law or at least criminal and public law like, as what Sheriff Singh mooted, our director of the Criminal Investigations Department (CID) for so long as he is a man with impeccable credentials and repute of courage and integrity.

    Perhaps, a good reason for a retired civil judge is because he’d have a bedrock in the understanding of integrity and justice. This generation of policemen have been so badly ‘brainwashed’ and has imbibed such a culture of subservience to the Executive that it’d be difficult to have the desired levels of independence and integrity. Normally, in an ideal environment it doesn’t matter if the ACA chief was a retired judge, policeman or school headmaster because integrity is also ideally the stuff of a reasonable person, an ordinary man well experienced and rounded in the affairs of normall living and with some appropriate skills. But practically in our Malaysian context we risk too much if we do so presently. Hence, Undergrad2’s suggestion makes a lot of sense, is confidence-building (when this is at an all-time low) and would also ensure that after being caked in so much corruption and mistrust, the ‘judicial’ appointee could hit the ground running and with all guns blazing. Perhaps, someone like KC Vohrah or V C George would be ideal candidates.

  29. #29 by ENDANGERED HORNBILL on Sunday, 1 April 2007 - 12:46 pm

    Above…”for a retired civil judge ” – just delete the word ‘civil’. A slip of the brain was inadvertently captured on the keyboard.

  30. #30 by Jeffrey on Sunday, 1 April 2007 - 1:07 pm

    Judges whether retired or serving, as a class, no more hold the high claim to integrity as they used to do after our Chief Justice of Malaysia, Tun Ahmad Fairuz Sheikh Abdul Halim has recently admitted that “there are judges who accept bribes”.

    The position may be given to KC Vohrah or V C George or even Syed Ahmad Idid (and why not, he being the first whistle blower of corruption within the Judiciary?) but it ought not to be based on their being judges serving with distinction once upon a time per se but persons of good repute for integrity and record of public service. If some knowledge or experience in law were necessary, the candidate could even be prominent legal practitioner from the Bar not affliliated with any political party like (say) Raja Aziz Addruse!

  31. #31 by ENDANGERED HORNBILL on Sunday, 1 April 2007 - 5:28 pm

    Jeffrey Says @ April 1st, 2007 at 1:07 pm

    Jeffrey, I agree with you & hope some fellas at the right place picks this up!

    Keeping fingers crossed…as I noticed sometimes they react to YB LKS’ blog.

  32. #32 by undergrad2 on Sunday, 1 April 2007 - 8:42 pm

    To Jeffery QC and retired Hornbill:

    Let’s separate the wheat from the chaff: it is not the fact that someone is a retired judge that makes him more suitable to head a law enforcement agency like a national agency dealing with corruption. It is the qualities he or she is equated with – like integrity. There is a pool of retired judges whose services could be tapped for their ‘infinite wisdom’ if not their dedication and commitment to upholding justice and the rule of law.

    Having said can anyone envisage the position of Inspector General of Police, the head of law enforcement in the country being held by a retired judge? Law enforcement is part of the Executive branch. What is a former member of the Bench, the third branch of Government, the Judiciary doing heading an executive arm of the government? That makes a mockery of the concept of the separation of powers that we as a country subscribe to.

    The services of a retired IGP, for example, could be tapped if he has the necessary qualities and qualifications – but more for his qualities as a law enforcement officer a position which could be held by someone without the training in law as does a judge have. This is where given the choice a retired judge should be preferred to that of a retired police officer.

    Let’s not go into the question of liberal minded and conservative minded judges – or the controversy they generate whilst on the bench, or the fact that some of them have been accused of corruption (but never proven). That is best left to the head of the Executive Branch to decide who has discretion in the matter. Speaking of discretion, it is important that we recognize that such discretion is not unfettered.

    I do not know the facts relating to the outgoing head of the ACA but it is precisely for this reason that makes an officer in law enforcement innately unsuitable for the post. Police officers deal with law enforcement and as police officers they must have interacted with members of the criminal world at some point in their career, as ‘undercover cops’ for example, which expose them to allegations of corruption and abuse of power. I am not saying they are necessarily corrupt.

    The same argument cannot be made against members of the Bench as easily as it can be made against members dealing in law enforcement.

  33. #33 by ENDANGERED HORNBILL on Monday, 2 April 2007 - 6:17 am

    Reading through LKS’ writing again, I am reminded of the words of the Roman senator, Cassius, when speaking of the tyranny of Ceasar:

    “And why should Ceasar be a tyrant, then?
    Poor man! I know he would not be a wolf,
    but that he sees the Romans are but sheep.
    He were no lion, were not Romans hinds.
    Those that with haste will make a mighty fire
    begin it with weak straws. What trash is Rome,
    what rubbish, and what offal, when it serves
    for the base metal to illuminate
    so vile a thing as Caesar!”

    Allow me:

    “And why should Zulkipli be a tyrant, then?
    Poor man! I know he would not be a wolf,
    but that he sees Pak Lah (and Malaysians) are but sheep.
    He were no lion, were not Pak Lah (and Malaysians) hinds.
    Those that with haste will make a mighty fire
    begin it with weak straws. What trash is Pak Lah (and Malaysia),
    what rubbish, and what offal, when it serves
    for the base metal to illuminate
    so vile a thing as Zulkipli!”

    The moral of the play: All it takes for evil to thrive is for good men to remain silent…and for the authority and superior (Pak Lah) to close ONE (or Both) eyes!

  34. #34 by ENDANGERED HORNBILL on Monday, 2 April 2007 - 6:18 am

    Oh, adapted from Shakespeare’s ‘Julius Caesar’.

  35. #35 by DarkHorse on Monday, 2 April 2007 - 6:59 am

    I suggest we ride on.

  36. #36 by Godamn Singh on Monday, 2 April 2007 - 11:59 pm

    Goddamn it!!

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