Ahmad Fairuz’ extension will provoke new firestorm of protests – Abdullah should submit nominee for new CJ to Rulers’ Conference

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should be fully aware that any extension of the tenure of Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice from next month, whether for six or two months, will provoke a new firestorm of nation-wide protests from lawyers, the civil society and Malaysians, plunging the new crisis of confidence in the judiciary which had haunted the nation for the past month because of the Lingam Tape scandal, to its nadir.

It would mean that Abdullah would have a judicial crisis of confidence which is not inherited from the previous Mahathir era, but a complete product of the Abdullah premiership.

Abdullah should avert such a controversy by submitting a nominee as new Chief Justice to succeed Fairuz to the Conference of Rulers next week.

Ahmad Fairuz’ position as an outstanding Chief Justice has not been helped by recent revelation of his poor record in writing judgments, with only four reported judgments in his name in his four years seven months as Chief Justice, — i.e. less than one judgment per year!

Ahmad Fairuz’ poor record of written judgments as revealed by the Malaysian Bar website — seven judgments in his seven years a High Court judge, 35 judgments in five years as Court of Appeal judge and seven judgments in seven years as Federal Court judge — raises many disturbing questions about his judicial performance, including how a High Court judge who had only a record of seven judgments in seven years could be promoted to the Court of Appeal.

It will make nonsense of judicial accountability, integrity and quality if Ahmad Fairuz could get an extension as Chief Justice after a long list of judicial misconduct and failure of judicial leadership in his 55 months as the highest judicial officer of the land, whether his “silence” on the Lingam Tape scandal on the perversion of the course of justice concerning fixing of judicial appointments and judicial decisions; the proposal for the abolition of the English common law and most important of all, his failure to build on the efforts of his predecessor Tun Dzaiddin Abdullah to restore national and international confidence in the independence, integrity and quality of the judiciary to the international respect and esteem enjoyed under the most distinguished and prestigious Lord Presidents such as Tun Suffian, Tun Raja Azlan Shah and Tun Saleh Abas.

  1. #1 by Jimm on Thursday, 25 October 2007 - 3:36 pm

    I don’t think AAB would be bother about what the Rulers point of view here as the entire network of national scandal already outgrown everyone’s interest here.
    Like it or not, the current King have to kowtow to the ‘already fixed’ system.
    All these and for all the more to come, we all must thank ‘The Done Master’ whom his roots also ‘imported’ and rested nicely under the Ketuanan rules that makes him the “silence of the lamb” monster.
    By the way, AAB roots also ‘imported’ and funny things are happening in Malaysia.
    Like the saying goes,
    ” The more we defend , the more we actually lose out in the end “

  2. #2 by St0rmFury on Thursday, 25 October 2007 - 4:42 pm

    Don’t underestimate the rulers Jimm, there is more than meets the eye .

  3. #3 by Jimm on Thursday, 25 October 2007 - 4:50 pm

    I never intend to underestimate any of my Rulers here, yet, having to see all those changes that brought about to all the people of this country for the last 4 decades … I am pushing for a better changes that only the Rulers themselves can bring to their people. To me, our 9 Rulers must make the executive decision for all Malaysian and not by color of the skin.

  4. #4 by Uncle JJ on Thursday, 25 October 2007 - 5:26 pm

    I agree with Jimm. When did anyone ever sees the results or intervention by our rulers after so many petitions and memorandums
    We are being push around and around and the more we more back the only place left is the ocean whereas there keep trying and securing more benefits out of our hard earned taxes paid and they will never stop at any greeds they could get even given the NEP benefits

  5. #5 by sheriff singh on Thursday, 25 October 2007 - 6:03 pm

    Why do we need to extend Fairuz’s tenure by another 2 months if not six? Given his poor record and performance, he should be let go immediately.

    Perhaps Pak Lah needs someone whom he can control and dictate. Mediocrity breeds and needs mediocrity.

    The Council of Rulers should reject the extension request.

  6. #6 by Jan on Thursday, 25 October 2007 - 6:15 pm

    They are extending his tenure so that he can finish some uncompleted work like written judgements. He only wrote 7 judgements the last 9 years, must have a lot of catching up to do.

  7. #7 by HJ Angus on Thursday, 25 October 2007 - 6:19 pm

    The reaction of the CJ or rather lack of it shows all is not well.

    If there had been no wrong-doing, a press conference would have been a good remedy to let the world know you were set up by your enemies.

    People can observe such proceedings and look at your body language to decide for themselves. They may even give the benefit of the doubt.

    At this late stage, so much damage has been done to the institution that even if innocent, the office has been tarnished.

    It is better in the national interest that a new person be appointed now.

  8. #8 by Libra2 on Thursday, 25 October 2007 - 8:05 pm

    The CJ’s body language is clear. He is hiding in his closet. He is a shameless judge who has no courage to withdraw his application for extension. And the PM would be another shameless leader if he accedes to the CJ’s request.
    It will be a national catastrophe if the king approves the extension which would mean, going to the Rulers to seek redress is like praying for the moon to fall on our laps.
    If the Rulers do not want to save the country then let it disintegrate.
    Then we can forget about the Rulers and sending memorandums to them. Its an exercise in futility.

  9. #9 by yellowkingdom on Thursday, 25 October 2007 - 10:00 pm

    I still harbour hope in our Rulers, the proverbial “silver lining behind every cloud”. I dream of a day where justice will prevail against injustice and truth will triumph over falsehood. When that day comes, I see the sword of justice slay the dragon of the all that is evil in our judiciary.

  10. #10 by greenacre on Thursday, 25 October 2007 - 10:52 pm

    A catch 22 situation has been created.

  11. #11 by dawsheng on Thursday, 25 October 2007 - 11:16 pm

    “Don’t underestimate the rulers Jimm, there is more than meets the eye .” St0rmFury

    Trust me, they are all the same. We must not depend on the rulers hoping for their sympathies to make things right for us. You will die waiting.

  12. #12 by HJ Angus on Thursday, 25 October 2007 - 11:34 pm

    If we want change, go and look in the mirror.

    Only 4000 odd signatures were collected for the petition. I would think that at least 10,000 signatures would be easily collected.

  13. #13 by TooFree on Friday, 26 October 2007 - 12:25 am

    And extension of a few months is no big deal really. However there have to be some very strong reason why AAB wanted Fairus tenure be extended that badly that he is prepared to go against the general feelings of the public at large and the rulers. Could the upcoming general elections had anything to do with this? Or could he be up to or planning some mischief which might be challenged in court soon? Somehow or rather there is this very uncomfortable feeling that just cannot be dismissed.

  14. #14 by Richard Teo on Friday, 26 October 2007 - 2:04 am

    When a dynasty is about to collapse, the leaders usually through some act of providence makes mistake after mistakes.In this particular instance P.M will make a fatal mistake of appointing the C.J and this will also contribute to his downfall.After 50 years, it is inevitable that UMNO and its leaderswill just disintegrate to be substituted by a new order.The leaders under Pak Lah is making mistake after mistake as if it is destine to collapse.There is a sense of inevitablity to it.

  15. #15 by undergrad2 on Friday, 26 October 2007 - 5:35 am

    Abdullah Badawi is of course aware that any extension be it for a month would be unpopular with the masses; but this is an Islamo-fascist regime accountable to no one.

    A decision not to extend the CJ’s tenure for another six month or a month or two which is customary would be seen as an admission that the allegation or allegations made as a result of the Lingam tape may have some truth. They are not about to admit to anything.

    The CJ’s tenure will be extended but long enough for him to finish off his work and complete his leave. An appropriate announcement will be made.

  16. #16 by undergrad2 on Friday, 26 October 2007 - 5:37 am

    As for the sense of “inevitability” referred to by a reader, my response is “Dream on!”.

  17. #17 by HJ Angus on Friday, 26 October 2007 - 7:24 am

    But based on his work rate detailed elsewhere, “to finish off his work” may take years.
    To finish his leave by an extension under the present circumstances is poor taste when most common folks feel an RCI is the best remedy or to set up a tribunal.

    But at least one BN MP had the guts to recommend a RCI. The common folks must resist the trend to becoming an Islamic state or we will be a replica of Iran minus the nuclear plants.


  18. #18 by Jeffrey on Friday, 26 October 2007 - 7:31 am

    Excepts from Malaysiakini’s report by Yoges Palaniappan on Oct 25. I quote

    “Zaid Ibrahim (BN-Kota Baru) said setting up the three-man independent panel has proven to be a fruitless effort….This goes to show that the panel is powerless to do anything. I don’t understand. Why didn’t they just form a royal commission of inquiry into the tape?” asked Zaid, adding that the government should have formed the commission if it was serious in a quick resolution to the matter.

    “This is not just any allegation, it is a serious allegation. In the 90s, we had a scandal involving the then chief justice, and now we have this.” “I was made to understand that the prime minister (Abdullah Ahmad Badawai) wanted a royal commission of inquiry set up to investigate the tape but some people in the government do not want the commission,” Zaid said in his debate on the Supply Bill 2008. (Unquote)

    Good for you Zaid.

    Who are these “some people in the government who do not want the commission” the likely very same people who are pressuring the PM for extension of CJ’s term to attend unfinished business or work? What unfinished business and work ? Sounds fishy to me.

  19. #19 by undergrad2 on Friday, 26 October 2007 - 7:36 am

    All this talk about an Islamic state is just that – talk! With some 40% being non-Muslim it is just not possible even if UMNO wants it. All this talk about syariah law being applied to non-Muslims it is just that – talk.

    So, folks let’s bury this issue once and for all. There is no need to beat the drums of any narrow form of nationalism or drum fear into the hearts and minds of non-Muslims. We are a divided nation as it is.

    It is a long road to liberal secularism, the kind we saw when Tunku was PM. But we need to put ourselves on that road back again.

  20. #20 by undergrad2 on Friday, 26 October 2007 - 7:38 am

    ““I was made to understand that the prime minister (Abdullah Ahmad Badawai) wanted a royal commission of inquiry set up to investigate the tape but some people in the government do not want the commission,” Zaid said…”

    Yeah, tell me about it!

  21. #21 by undergrad2 on Friday, 26 October 2007 - 7:39 am

    Since when has this PM been charge of anything???

  22. #22 by ENDANGERED HORNBILL on Friday, 26 October 2007 - 7:53 am

    YB, I thot that BN loud mouthpiece, Si silli, silly Nazri, has spoken for BN – something to the effect that the DYMM Agong is just a rubber stamp for the PM.

    Now Zaid confirms PM is not his own man. He is arm-twisted by the UMNO brute (and brutish) majority. I sense huge rumblings in UMNO amidst the deafening silence over PM’s ‘leadership’ or mostly, the lack of it.

    In any case, the next CJ may well be PM’s SIL. Does he have a practising certificate?

  23. #23 by undergrad2 on Friday, 26 October 2007 - 8:05 am

    “We must not depend on the rulers hoping for their sympathies to make things right for us.”

    Ordinarily this observation would be accurate but in this case the Malays are divided. It is true that the constitutional role of the Malay Rulers is to protect Malay rights when these are threatened. I do not see any such threat coming from the non-Malays. But like I say the Malays are divided and corruption has become endemic and UMNO seems to be losing its political legitimacy to rule.

    How do the Malay Rulers see their role today?

  24. #24 by undergrad2 on Friday, 26 October 2007 - 8:14 am

    Do you think the November 10th rally will move the Malay Rulers to take on an extra-constitutional role?

  25. #25 by Bigjoe on Friday, 26 October 2007 - 8:51 am

    You know what is shameful?

    The whistleblower who recorded the video now has the courage to give consent to Anwar to reveal the full 14-min video BUT our own PM has no guts to tell the CJ to leave.

    The whisteblower can still be prosecuted and definitely will be persecuted no matter what AND yet he has more faith in the Malaysian public than our own PM who is virtually immuned from any real challenge…

    Tells you how very very unexceptional our PM really is…

  26. #26 by St0rmFury on Friday, 26 October 2007 - 9:31 am

    Do you think the November 10th rally will move the Malay Rulers to take on an extra-constitutional role?

    Yes, yes I do. Raja Petra has already mentioned in the past that the rulers are very unhappy with the way things are running now and will discuss something during the rulers conference. Something will happen. I don’t know what, but something will happen.

  27. #27 by Jimm on Friday, 26 October 2007 - 9:51 am

    As most of us would have longing for, our Rulers step up and take a good control of this country menace which have been pulling their human resources back from excel for greatest heights out there with the rest of the world.
    We also know that our Rulers have their own stories of both good and bad before. As long as the changes for the betterment is about to come from them to all Malaysian, so be it. Leadership by example. What’s the point of being so wealthy and yet failed to take care of all these wealths and make sure that the continuinities are for years to come.
    Why , after so long years of owning the lands still need to live under a system that already proven not bringing better unity prospect to their people and the land.
    We , rakyat, are not taking over their rights or throne or whatever that are concerning as we all are truly MALAYSIAN. We were brought up to understand how to love this country and take care of her.
    Who are them that started the disunity disorder exercises ?
    Why are these group defending the Ketuanan and in the same act, making sinful wealth in the name of the Almighty.
    Who really can start to make a different here ?
    The rakyat have voices out their concerns..
    It’s the Rulers now to make the first blood move.

  28. #28 by k1980 on Friday, 26 October 2007 - 9:54 am

    … the squabble over the tape could take weeks to play out, further obscuring the reason for the scandal in the first place…..Malaysia’s judiciary has faced a long series of allegations and is under attack by the Conference of Rulers, the country’s nine sultans, who are blocking the appointment of a new chief judge on charges of favoritism.

  29. #29 by Jimm on Friday, 26 October 2007 - 10:47 am

    To be honest toward the progress of this national shame, I believe BN need this NUT to manage their GE stunts whereby the fixing of results will be more intensified due to the raising awareness from Malaysian.
    I believe EC will be the first level of filtration to ruled out any potential winnings to BA in those BN MP’s constitutions by ‘disqualified’ those voters that definitely voting BA with technical error or posting their voting post to another constitution.
    Then, BN own ‘professional’ voters will be posted in all strategical constitutions to make sure that their MPs wins. Then, all those civil servant’s votes will constituted the earlier leads of counts in any of those ‘selected’ MPs constitution. With some many government offices in one areas whereby the civil servants are reminded about their welfares and peaks, most of them will do as advised. Then, last but not least, the mailing votes as the last attempt to change the winning results.
    This happens quite rampantly in the last 2 GE. The only surprise from the last GE is PKR sole winning whereby BN decided to give to them after seeing the needs to back off after over done with too many ‘added’ votes. Anyway, they will have to respect DSAI for the seat given. As the rest of PKR’s challenges nationwide, it’s a white wash because the entire constitutions are carefully ‘bought’.
    Too bad …
    Did the voters there failed PKR ? No really ..
    Like Ijok , there are far too many incentives and concern of what would happen when BN lost makes most of those voters ‘have to’ vote BN especially those Indians where their livinghood are not strong enough to be given the rights. They are just someone on the street that can be threathen by those who ‘know’ them and for security sake, non of us can blamed them and the ‘token’ they took means alot to their family monthly expenditure.
    So, for whatever reason, Malaysian truly did not vote for BN unless their safety and livinghood are ‘put’ on the firing lines by ‘professionals’. Believe me. Anyone of us would have ‘sold out’ our rights when our lives or the entire family lives are put to test.
    Do you dare to make a different here ?
    To me, rakyat voices are merely like puppy yupping. After awhile, they will quiet down.
    It’s our Rulers, this is their lands and their people. truly Malaysian.
    Our Rulers must stop all the menace once and for all for the betterment of their own sake.
    This country have enough wealth to start all over again and time to change must be decided by our Rulers.
    Stop all defiant acts by BN in dividing Malaysian in individuals grouping and harmonized our beliefs culture in full respect rather than claiming for No 1 spot.
    Human resouces which now our country human capital assets, one of the valuable asset that qualities recognized internationally must be evenly groom according to the rights and potential of each individuals as every successful breed means history are made.
    With these simple beliefs and drives, we can restart this nation and win the race. We don’t need BN or the ‘system’ to continue ruling on behalves.

  30. #30 by Old.observer on Friday, 26 October 2007 - 1:41 pm

    “I was made to understand that the prime minister (Abdullah Ahmad Badawai) wanted a royal commission of inquiry set up to investigate the tape but some people in the government do not want the commission,” Zaid said in his debate on the Supply Bill 2008.”


    Personally, I doubt this. But even if we give the benefit of the doubt to the PM, the PM should be old and wise enough to know that when one tries to prevent the truth from unfolding, the most common effect is to have 1,000 lies be told to the public to prevent the truth from unfolding …

    Throughout this episode, we have continued to hear lies, after lies, after lies, and sadly, the lies will not stop here.

    “… we cannot do anything unless we have the original tape …”, “… we cannot take any action unless we have the original tape …”, “… witness protection program …”, “…plastic surgery…”, “…existing laws to protect witness …”, etc, etc, etc.

    If Abdullah continue to insist to have Fairuz as CJ, what additional lies must be told to the Agong and the public, and what other truths must be suppressed publicly?

    Abdullah often portrays himself as a religious man. Surely he knows that the Almighty knows, regardless of the lies told to the public? Surely he realizes the consequences after this present life? … So, I really wonder if Abdullah is truly a religious man? Or is religion merely a means to an end in the present life, but not the after-life?

    When a leader is willing to tell even one lie to the public, the common result is the need to tell 1,000 lies by him and his people to cover up the first lie.

    Obviously, by not doing anything, Abdullah and his people was already mentally prepared to tell 1,000 lies …

    Is this the sort of PM and party you want to lead your own country?

    Old Observer.

  31. #31 by Old.observer on Friday, 26 October 2007 - 1:46 pm

    Abdullah has always said “Tell the truth”.

    I am sure he knows it is much simpler for him and everybody else, to tell the truth.

    Yet, in this episode, we keep hearing his people spinning lies after lies after lies, with no end in sight.

    How much public resources have been wasted to hear these lies?

    Wouldn’t it be better and more productive for the entire nation, if Abdullah had exercised his executive duty, by stepping forward from Day 1, tell the truth, and immediately convene a Royal Commission of Inquiry?

    How do we trust the PM after this episode, when he clearly doesn’t always walk his talk?

    Old Observer.

  32. #32 by undergrad2 on Friday, 26 October 2007 - 8:53 pm

    “Yes, yes I do. Raja Petra has already mentioned in the past that the rulers are very unhappy with the way things are running now and will discuss something during the rulers conference. Something will happen. I don’t know what, but something will happen.” St0rmFury

    I cannot say I have the same degree of optimism as you seem to be conveying here. It is important that the Malay Rulers not be seen to be acting on their own. I believe there will be a face-saving formula of some kind worked out.

    A confrontation is inconceivable because Malaysia is a constitutional monarchy. It works against the Constitution of 1957 – the supreme law of the federation. Those who think that there are provisions within our Constitution that are sufficiently vague so as to allow the kind of role they perceive for the Agong in times of crisis such as this, with all due respect, are mistaken. Admittedly there are provisions within the federal Constitution which allows for some degree of intervention by the Agong in the constitutional process to avoid a crisis. This is not one of those.

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