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.