Urgent Parliament motion on Lingam Tape RCI – unacceptable chairman and unsatisfactory terms of reference


I have today given notice to the Parliament Speaker, Tan Sri Ramli Ngah to move an urgent motion on Monday for a debate on the unacceptable chairman and unsatisfactory terms of reference of the Royal Commission of Inquiry into the Lingam Tape scandal.

My motion for an urgent debate reads:

“That the House gives leave to Ketua Pembangkang YB Lim Kit Siang to adjourn the House under S.O. 18 (1) to discuss a definite matter of urgent public importance – the Royal Commission of Inquiry (RCI) into Lingam Tape videoclip scandal announced by the Prime Minister on Wednesday.

“The appointment of Tan Sri Haidar Mohd Noor as Chairman of RCI 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 is clearly not acceptable or suitable to be Chairman of the RCI into the Lingam Tape scandal in view of his disgraceful role in the 1988 Judicial Crisis over the 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.

“It is most regrettable that eminent and credible Malaysians whose appointment would have enhanced public confidence in the RCI had been omitted, such as the Raja Muda of Perak, Raja Dr. Nazrain Shah, former members of judiciary, Tun Dzaiddin, Shaikh Daud, N. H. Chan, Visu Sinadurai and distinguished Malaysians like Tunku Aziz, Raja Aziz Addruse, Param Cumaraswamy, Yeo Yang Poh and Chooi Mun Sou.

“Parliament must urgently debate the very restricted terms of reference of the RCI so that the once-in-a-generation golden opportunity should not be missed to put right what had been wrong and rotten with the system of justice for nearly two decades to restore confidence in the independence and integrity of the judiciary.”

I call on all MPs, including Barisan Nasional MPs, to give support for an emergency parliamentary debate on the Royal Commission of Inquiry into the Lingam Tape scandal on Monday.

It is imperative that the Royal Commission of Inquiry should have the widest ambit to restore national and international confidence in the Malaysian judiciary – as the Royal Commission of Inquiry would then be a great ally of the new Chief Justice Datuk Abdul Hamid Mohamad who vowed to carry out a “house-cleaning” of the judiciary after being sworn in as the highest judicial officer of the land on Tuesday.

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.”

All MPs and Malaysians should give 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 doubt Abdul Hamid’s sincerity, honesty or seriousness of purpose. However, I am very pessimistic at any prospect of success of such a “house-cleaning” by Abdul Hamid for two reasons:

Firstly, Abdul Hamid will create history as the top judicial officer of the land who will serve for the shortest period, as he will be Chief Justice for only four months, reaching his retirement age by 18th April 2008, and even with a six-month extension till 18th October 2008, the longest period Abdul Hamid will serve as Chief Justice will be 10 months.

In fact, it is no exaggeration to describe Abdul Hamid as an “accidental Chief Justice” as the powers-that-be had never intended for him to become Chief Justice – and he would not have ascended to the highest judicial post in the country if not for a combination of unexpected events outside the control of the powers-that-be.

Secondly, will Abdul Hamid get full support from the full bench of judges at all three tiers of the judiciary, Federal Court, Court of Appeal and High Court, for a root-and-branch “house-cleaning” of the judiciary?

The Royal Commission of Inquiry into the Lingam Tape scandal can play an important role to assist the Chief Justice in “house-cleaning” of the judiciary to carry out a root-and-branch eradication of the rot in the system of justice – but this is only possible if it has the widest ambit in its terms of reference to restore national and international confidence in the judiciary as well as having an impeccable composition of commissioners headed by a Chairman who could command instant confidence and even awe – which is the very reverse in the case of Haidar.

  1. #1 by budak on Thursday, 13 December 2007 - 11:41 am

    Yes, I do support YB…
    and I fully support Raja Nazrin to chair the RCI…
    by the way Raja Nazrin is from my beloved state…

    also good to remove the spineless CJ…
    Malaysia had enough jokes created by ABB ministers…

    please appoint someone more credible to restore “MARUAH” Bangsa Malaysia… I dont think ABB will do it, as the tape may involve him… save some for rainy day…

  2. #2 by OCSunny on Thursday, 13 December 2007 - 12:17 pm

    YB LKS is doing the right thing by bringing in the motion in parliament. But unfortunately, they will not entertain the motion. I will definitely be right. 100% right!!!!!

  3. #3 by ahluck on Thursday, 13 December 2007 - 1:00 pm

    uncle LKS will bark like a dog but BN will sa barking dog won’t bite..and they will brush him off. hope things will change.

  4. #4 by grace on Thursday, 13 December 2007 - 1:05 pm

    I wonder why Pak Lah is so afraid of the truth?

  5. #5 by k1980 on Thursday, 13 December 2007 - 1:09 pm

    Doesn’t this remind you of the antics of a certain power-crazy village bum in Putrajaya?
    http://www.thirdworldtraveler.com/Fascism/Bush_Hitler.html
    No one expected Hitler to rise to power. He had failed at just about everything he had even undertaken until he discovered politics. In the world of spin and power plays, a superficial gift of gab and bullish determination could replace intelligence and idealism without missing a beat. Hitler found that the path to the top was short: Just tell a discontent people what they want to hear and make promises you have no intention to keep….In Hitler’s first radio speech after becoming Chancellor on January 30, 1933, he pledged “to revive in the nation the spirit of unity and cooperation”

    Hitler made public dissent first all but impossible, then illegal. At first, whenever groups tried to voice a protest during a public speech, he would have storm troopers clear the dissenters from the hall. Hitler also made sure that the media did not give provide the public with any coverage of dissenters or public protests because it was “encouraging of destructive elements.”

    Point One: Create arguments that how the negative thing is actually NOT bad, but is actually good.
    Point Two: Show how the negative thing is actually not true.
    Point Three: Show that the negative thing is actually being caused by “enemies of the state” – most likely liberals.

  6. #6 by max2811 on Thursday, 13 December 2007 - 1:19 pm

    There’s only jungle law in Msia now. No need to go to law school. Just attend matrikulasi classes will do.

  7. #7 by Libra2 on Thursday, 13 December 2007 - 1:20 pm

    Is the country so short of people that he has to pick the same person for both the Committee of Inquiry and now the RCI.
    By right the new members should not have any prior information on the tape. Now they come in with biased/partial views.
    With an UMNO stooge as speaker, the outcome of this motion
    is a forgone conclusion.

  8. #8 by sheriff singh on Thursday, 13 December 2007 - 1:28 pm

    As I said in early November, the panel members will form the backbone of an RCI if one is ever formed. How could we ever snub these “eminent” panel members? That will be a slap on the face for Pak Lah, the man who can do no wrong and who likes it his way.

    I note that the “social activist” is very silent of late despite all the going ons in this country. If he is really an “activist”, then he should be alive and not practising “elegant silence”. But he chooses tame and non-controversial issues to “champion”. Says alot about him. Glad he’s out whether by choice or not.

    But coming back to this RCI thing, will Kit be seen as going against the King by complaining? Yeah, we are quite frustrated and let down by some members of this panel.

    But what the heck. This is Bolehland where common sense is no longer common, where reason is no longer reasonable, where rights are now wrongs, where ears become tears and fears, where our way become my way, where protestors are terrorists.

    Come visit Malaysia Year 2007. Thank God it is ending soon. Will 2008 be the “correct, correct, correct” Year?

  9. #9 by Godfather on Thursday, 13 December 2007 - 1:36 pm

    2008 will be the watershed for Bolehland. The only way we can stop the rot will be the denial of the BN’s two-thirds majority in Parliament. If we can’t achieve that, only God can help Bolehland because the stealing will intensify, and the persecution of critics of the government will continue unabated.

    This RCI is clearly designed to buy time for the den of thieves. The terms of reference are so wide that you can drive a truck through it – and that’s what they want. They want the 3 month period to be extended, the debate about what constitutes the real terms of reference to continue ad infinitum.

  10. #10 by Bigjoe on Thursday, 13 December 2007 - 1:55 pm

    Its quite clear with the appointment of Haidar and Zaki that this PM view is that loyalty is more important than what you have done wrong in the past. In fact his modus operandi seems to be lets just bury the wrongs of the past and move on with his agenda.

    Arguing about past of Haidar is going to fall on deaf ears. He don’t care to dig it up and seem to think it does not matter.

    The term of reference is in line with this. He does not want to dig up the past obviously because its so full of problems and issue he knows lots of UMNO people want it buried.

    There is only one problem with this. You can’t do it anymore. Not this age. In the end when it comes up, people will link it to him even if he is dead. Dr. M hardly got away with it. Look at him now, no one cares for what he has done frankly, history already and will blame him for much of the ills we have and will have.

    And he think he can get away with it? More frigteningly his SIL is advising him he can?

  11. #11 by tiredofbee-an on Thursday, 13 December 2007 - 2:03 pm

    I support for the motion. Even though we know the speaker will most probably reject it, at least it is recorded that such motion had been taken. We got to do something, else those bunch of moron will say the oppositions does nothing in the coming GE.

    And more importantly, we want this country to continue to be a democratic country.

  12. #12 by helpless on Thursday, 13 December 2007 - 2:13 pm

    Support the motion to include panel member selected by party without conflict of interest as government.

    The panel shall include at least one recommended by opposition party to promote fairness.

    The government shall accord with it unless there is something to hide.

  13. #13 by Jong on Thursday, 13 December 2007 - 2:47 pm

    Haidar’s questionable reputation for his involvement in the 1988 Judiciary crisis should disqualify him from being involved in this RCI, let alone head it.

    It seems to me and most Malaysians that he is put there to see to “unfinished business” and his appointment to head the RCI is suspicious!

  14. #14 by helpless on Thursday, 13 December 2007 - 2:55 pm

    If Haider is really object to form Royal Commission of Inquiry, then it is greatest joke for him to chair the panel !!

    http://alditta.blogspot.com/2007/12/haidaranother-pat-lahs-prodigal-son.html

    ” Haidar and Mahadev Shankar were from the earlier three member panel. The toothless panel of inquiry headed by Haidar had nothing on their table and ended up by submitting reports based what they gathered from the IGP, AG and ACA.

    …However, though media reports all three panelists supported the formation of a Royal Commission some inside source told me that only two panelist suggested the formation of Royal Commission, while Haider wanted the case to be closed. Haidar feared that the Royal Commission will expose more skeletons in the cupboard and he could likely be one of them.”

  15. #15 by Anti_NEP on Thursday, 13 December 2007 - 2:57 pm

    Yang Berhormat Ipoh Timur, motion not specific and of no public interest. Therefore your motion is rejected.

  16. #16 by Jong on Thursday, 13 December 2007 - 3:20 pm

    I have a question, why is Lee Lam Thye not appointed to the RCI whereas Haidar and Shankar are.

    Is it because his conscience is pricking him and is unable to stomach those nonsense anymore or that they find him a threat? Anyone dare to speculate?

  17. #17 by Short-sleeve on Thursday, 13 December 2007 - 3:43 pm

    They may as well put Zakaria Deros to head the royal commission as well.

  18. #18 by HJ Angus on Thursday, 13 December 2007 - 3:44 pm

    The authorities can do this SIMPLE measure to convince the public that the best people were chosen.

    Release the reports of the 3-man panel and if any one was against the RCI, he should not be included.

    We need more transparent methods to make selections for important appointments or the public will make a wild guess as to how these people are selected.
    http://malaysiawatch3.blogspot.com/2007/12/another-royal-commission-of-inquiry.html

  19. #19 by lakshy on Thursday, 13 December 2007 - 4:08 pm

    Just recevied message that Uthayakumar, Manoharan, Ganapathirau, Gangatharan and Vasanth have been arrested under the ISA.

    Can anyone confirm this?

  20. #20 by Short-sleeve on Thursday, 13 December 2007 - 4:22 pm

    Hey guys,

    Badawi just rolled out the ISA on the Hindraf 5.

    Detention without trial, 2 years.

  21. #21 by Godfather on Thursday, 13 December 2007 - 4:26 pm

    Excellent ! Shows that they were not confident of the charges against the HINDRAF guys in the first place, and all they can do is place these people in detention without trial. Such is the efficiency and capability of our AG’s Chambers that they cannot prove breaches of the Sedition Act that they have to detain people under the ISA.

  22. #22 by Short-sleeve on Thursday, 13 December 2007 - 4:30 pm

    Guys,

    This is NOT RIGHT. I am [email protected]@@ing angry. Every human being deserves their day in court. Can someone tell me that we are not in the middle ages??

    To put 5 people away for 2 years without proving their guilt is wrong. [deleted] And he will answer to God at the end of the day.

  23. #23 by lakshy on Thursday, 13 December 2007 - 4:34 pm

    It’s ok. Desperate men do desperate things. I guess we called this upon ourselves by giving him such a huge mandate that he can do whatever he pleases.

    I guess we rakyat are the desperate ones now. So we need to do the right thing going forward. lets look out for the future of this nation, instead of immediate gain. Can we all do that?

  24. #24 by lakshy on Thursday, 13 December 2007 - 4:35 pm

    What will the Bar Council do? These are lawyers that have gone behind bars!

    Looks like AAb does not trust the AG to do a good job. Ha ha…see lah you stack the deck with incompetent nincompoops and this is what you get.

  25. #25 by Godfather on Thursday, 13 December 2007 - 4:39 pm

    They can’t prove attempted murder, they can’t prove sedition, so the best way to silence the minority is detention without trial. The G7 countries will have a say on this pretty soon.

    Could someone email Mahathir (via Marina) to ask him for his views ? He was the last person to use the ISA to stifle dissent, so Badawi must have studied Mahathir’s tactics.

  26. #26 by Billy on Thursday, 13 December 2007 - 4:42 pm

    Just to add to what k1980 wrote: Above all, Hitler had a reliable propaganda minister, Goebbels, and he said – “If you keep on repeating the lies over and over again, the people will come to believe it”. Ain’t this true in our case. Just look at how the government TV stations and msm spin their stories to demonise any opposition groups. Hitler and Goebbels would be so very very proud of UMNO.

    As far as the Royal Commission goes, it has no credibility unless a representative each from the Bar Council and the opposition parties, be it DAP, PAS or PKR, is included. Sorry to say this, but those appointed appeared very UMNO bias. Raja Nazrin should be the one to chair the royal commission, after all as the name suggests, “royal”, and what better person than the prince himself.

  27. #27 by dawsheng on Thursday, 13 December 2007 - 4:45 pm

    Using ISA against Hindraf leaders in not a scared tactic, it is a sign that Abdullah is clearly running out of option, he had also underestimated the Indians. But of course at this point Abdullah think such action is timely, as one stone will kill many birds.

    The first thing the opposition must do is to advice Malaysian Indians to calm down and do not retaliate. We will be better if we stand together as Malaysians, the Indians are not alone in this fight against tyranny of Abdullah.

  28. #28 by private_undergrad on Thursday, 13 December 2007 - 4:45 pm

    A big shock and a proof against the Election Commission.
    Check out this link!
    Here!

  29. #29 by dawsheng on Thursday, 13 December 2007 - 4:49 pm

    Next in line, leaders from PAS and PKR.

  30. #30 by helpless on Thursday, 13 December 2007 - 5:07 pm

    Who is terrorist? AAB dictatorship !!!

    See how police using force to arrest civilian.
    http://www.youtube.com/watch?v=4joFEtOG5nE

  31. #31 by k1980 on Thursday, 13 December 2007 - 5:13 pm

    Charging Fort Wagner

    What trembling there will be
    When the judge shall come
    to weigh everything strictly!

    The trumpet, scattering its awful sound
    Across the graves of all lands
    Summons all before the throne.

    The written book shall be brought
    In which all is contained
    Whereby the world shall be judged

    What shall I, a wretch, say then?
    To which protector shall I appeal
    When even the just man is barely safe?

  32. #32 by dawsheng on Thursday, 13 December 2007 - 5:21 pm

    There are many things we can do to bring down Abdullah but how many Malaysians understand that if there is no pain, there is no gain?

  33. #33 by Jimm on Thursday, 13 December 2007 - 5:27 pm

    The act is so powerful for AAB to get even with TDM and an attempt to keep TDM mouth shut.
    Such a beautiful setup by T4 boys.

  34. #34 by chuchueey on Thursday, 13 December 2007 - 6:36 pm

    This is indeed a black day for Malaysia. Let’s all not cry for Argentina, let’s do it at home for our own beloved country.
    Some of them have already been charged – correction, correction, correction, re-charged – in court, so can’t the gomen just wait for due process in the courts to determine their guilt or innocence.
    I would urge all Malaysians to stay calm. I suspect there might be more ISA detentions.

  35. #35 by Saint on Thursday, 13 December 2007 - 6:56 pm

    One more lost motion.

  36. #36 by budak on Thursday, 13 December 2007 - 7:20 pm

    this proves that HINDRAF CLAIMS is TRUE….
    and PM try to cover his backside using ISA…
    real BODOWI…

    Malang and Sial….

  37. #37 by sheriff singh on Thursday, 13 December 2007 - 7:22 pm

    I am really surprised that some panel members actually accepted their appointments to the RCI knowing full well its narrow scope which will not stop the rotting Judiciary.

    5 Chaps to consider the authenticity of the tape? Why not a “full bench” then? Its like looking at a tree while a forest fire wages all around.

    But Bolehlanders are typically myopic, have alot of wax in their big ears, suffer from foot in the mouth disease and pepetual sleepiness, and cannot walk the talk but only talk the cock and bull.

    But hey!! We are better off than Ghana!!! Look at the bright side.

  38. #38 by lakshy on Thursday, 13 December 2007 - 9:21 pm

    This pm is a real no-hoper. First he postponed the umno elections because of the General Elections supposed to be held this year. Now we are at the end of 2007, with no likelihood of an elections being held anytime soon.

    I guess even aab does not know when the next elections will be held. Its only Rashid who knows. Thats why rashids retirement had to be extended!

  39. #39 by ENDANGERED HORNBILL on Thursday, 13 December 2007 - 9:23 pm

    Sorry, I just have to say this: Prof. Khoo Kay Kim should recuse himself from the RCI.

    Why? What does a historian know about the intricate workings and labyrinthine processes of the law? The fact that a CJ stands accused of impropriety bears upon constitutionalk and administrative law and a deep appreciation of the legal system (the role and functions of judges etc.etc.etc.).

    Prof. Khoo, you may be a nice man and even a competent historian but this RCI thing is definitely a subject for the legal mind; if you have to seek advice and understanding from other panel memebers and are not able to form an independent opinion without such input, then simply put, you are incompetent for the RCI. A square peg in a round hole just won’t fit!

  40. #40 by DarkHorse on Friday, 14 December 2007 - 12:11 am

    “A square peg in a round hole just won’t fit!” hORNBILL

    With a little help from my friend known by his initials KY, it should fit!

  41. #41 by undergrad2 on Friday, 14 December 2007 - 1:13 am

    “What does a historian know about the intricate workings and labyrinthine processes of the law? ”

    Hornbill,

    We have too many crooked lawyers already. Placing another lawyer in charge is like putting a foxy lady in charge of a rich old man about to write his last will and testament and kick the bucket soon afterwards!

  42. #42 by sj on Friday, 14 December 2007 - 2:52 pm

    Of all the people, they picked Haidar to lead the RCI. Good way to sabotage and undermine the RCI effort. I sure hope we all work together to shoot down Haidar before he screws things up bad.

  43. #43 by budak on Friday, 14 December 2007 - 5:11 pm

    please see Anwar’s or PKR site for latest video clip… the credibility of current chairperson and former judges are questionable… they maybe the one “sumbat” Anwar into jail…

    Title: Video Penuh VK Lingam
    http://www.keadilanrakyat.org/index.php/content/view/456/1/

  44. #44 by EARNEST on Monday, 24 December 2007 - 4:20 am

    Dear Shamshul Anuar,

    Besides the above 3 issues, viz.,
    1. Ethnic Cleansing,
    2. ISA
    3. Nepotism in DAP

    there is a fourth issue on illegal assemblies without police permit which had been debated extensively in this blog before, and being renewed under this thread:

    “PM/IGP – heed Nazrin/Musa, respect Constitution and allow peaceful demonstrations”

    I have said that it is wrong to deny police permits arbitrarily to prevent peaceful assemblies organized for the purpose of expressing legitimate grievances.

    Kindly let us have your opinion on this 4th issue. If you are agreeable with my opinion, please tell your UMNO friends that it is imperative to restore citizens’ constitutional right to peaceful assemblies, to pre-empt potentially violent eruptions of pent-up frustrations.

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