Goodwill ex gratia payments to Anwar, Guan Eng, Syed Ahmad Idid and Operation Lalang ISA detainees?

(Speech at the DAP Teluk Intan Public Ceramah/Consultation with DAP MPs, State Excos and State Assembly members at Teluk Intan Municipal Hall on Friday, 18th April 2008 at 9 pm)

When the Prime Minister, Datuk Seri Abdullah Ahmad Badawi announced on Thursday night the payment of unspecified “goodwill ex gratia payments” to the six wronged judges in the 1988 judicial crisis, Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh, Datuk George Seah and the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh, he skirted the “rights and wrongs” and the “legality and morality” of the Mother of Judicial Crisis which plunged the country into two decades of judicial darkness.

The victims of the 1988 Mother of Judicial Crisis and the ensuing two decades of judicial darkness, with three of the four chief justices during the period, Tun Hamid Omar, Tun Eusoffe Chin and Tun Ahmad Fairuz compounding the travesties of justice by the judicial system, were not just the six wronged judges in 1988 but also included innocent, high-minded, idealistic and patriotic Malaysians who want the best for the country. In fact, a whole generation of Malaysians were victims of the 20 years of judicial darkness!

Will the Prime Minister extend goodwill ex gratia payments to the other victims of the two decades of judicial darkness like former Deputy Prime Minister Datuk Seri Anwar Ibrahim, Penang Chief Minister Lim Guan Eng and former High Court judge Datuk Syed Ahmad Idid Syed Abdullah Idid (the first whistleblower from the judiciary with his 112 allegations of corruption, abuses of power and misconduct against 12 judges in 1996) as well as to the 106 Internal Security Act (ISA) detainees in the 1987 Operation Lalang?

The goodwill ex gratia payment to the six wronged judges are welcome though belated but they are grossly inadequate in clearing the name and reputation of the six and in providing a full and proper closure to the 1988 Mother of Judicial Crisis and the ensuing two decades of judicial darkness under three Chief Justices.

The statement today by Deputy Prime Minister, Datuk Seri Najib Razak that the ex gratia payment for the six former judges in the 1988 judicial crisis is not a form of apology to them but merely “our way of addressing some of the personal considerations and some of the personal experiences, hardships that they have gone through” has raised questions about the real worth and meaning of the ex gratia payment.

The payment of goodwill ex gratia payment without revisiting the 1988 Judicial Crisis on its rights and wrongs is already unsatisfactory enough but it becomes quite unacceptable when its whole basis is stemmed from pity or compassionate grounds to address “some personal experiences and hardships” suffered by the six wronged judges!

Najib is in fact directly contradicting Abdullah’s statement that “the contributions, pain and loss” of the six wronged judges cannot be equated with mere currency by implying that these wrongs and injustices could be dealt with solely in monetary terms.

This is why I maintain what is imperative to start a new chapter in Malaysian judiciary to turn our back on the 20 years of judicial darkness is to have a Judicial “Truth and Reconciliation” Commission to find out the lessons to be learnt from the 1988 Mother of Judicial Crisis and the series of one judicial scandal and crisis after another which rocked Malaysia in the past 20 years, not out of vindictiveness or vengeance, but to prevent any such recurrence in the future – focusing also on why the various national stakeholders, the judiciary, Parliament, political parties, mass media, civil society failed the critical test to defend the cardinal Constitutional principles of the doctrine of separation of powers and an independent, impartial and competent judiciary for two decades.

  1. #1 by k1980 on Saturday, 19 April 2008 - 1:19 pm

    Goodwill ex-gratia payments to all non-bumis for their mistreatment as 2nd/3rd-class citizens since 1969?

  2. #2 by max2811 on Saturday, 19 April 2008 - 1:27 pm

    No amount of money can right what has been wrong for so many years. So many innocent people has since been sentenced wrongly. All because of one man from UMNO.

    Get him! The evidence and the witnesses are still around and alive. Royal Commission of Inquiry. Charge him in court. He can spend his twillight in and out of courts.

  3. #3 by sebol on Saturday, 19 April 2008 - 1:44 pm

    Exgratia untuk staf tv3 yang tidak disambung kontraknya ketika krisis Anwar 2000 kerana dilabel pendokong?

  4. #4 by ktteokt on Saturday, 19 April 2008 - 1:46 pm

    Paying ex-gratia payments without admitting wrong will never suffice to right the wrongs of the BN government. On the one hand, they admitted that these wrongly sacked judges have to be compensated but on the other hand, the government is denying responsibility for their wrongful dismissal. This is very contradictory by itself. So is the government saying it will just pay the ex-gratia payment but they will not admit they have done a serious blunder to the Malaysian judiciary.

  5. #5 by lakshy on Saturday, 19 April 2008 - 1:51 pm

    Yea! What a wimp of a PM! Do things properly la!

  6. #6 by novice101 on Saturday, 19 April 2008 - 1:52 pm

    “Goodwill ex-gratia payments to all non-bumis for their mistreatment as 2nd/3rd-class citizens since 1969?”

    LKS, where will this end? Do not travailise this memorable event for the wronged justices by opening other cans of worms!

    Keep a respectable silence for the justices to take in the occasion, do not travailise it.

  7. #7 by a-malaysian on Saturday, 19 April 2008 - 2:32 pm

    “goodwill ex gratia payments”

    Why this payment when the gomen has done nothing wrong. There must be something wrong somewhere when you want to make this compensation. If there is something wrong somewhere why then not just apologise.

    I am confuse with these half past six ministers. One want to compensate and indirectly is saying there is wrong doing on the part of the gomen and the other say this is not an apology but come out with ridiculous excuses.

    Come out straight and do not flip flop with all your statements.

    GE 13 – No matter what, we must ensure that umno bn do not regain the power like they had for the past fifty years.

  8. #8 by bentoh on Saturday, 19 April 2008 - 2:39 pm

    Dear Uncle Lim (I got no idea how you took over this title after the late Lim Goh Tong),

    Their is an allegation that 29 MPs out of 222 MPs did not submit their questions for the coming House meeting, and 5 of them are DAP’s MP:
    YB Klang
    YB Batu Kawan
    YB Kota Kinabalu
    YB Seremban
    YB Bakri

    I hope they can give some form of explanation and do a public apologize over their questionless MP-ship… and best if you could push them to do so…

    I also understand that all 5 questionless DAP MPs are first-timer, with one of them seemingly busy over his DCM job, but yet there are much more first-timers (and multi-postion holders) who successfully submitted their questions to the House… No EXCUSE!

    If the MPs can’t even create a 15-question-list to the parliament, I don’t believe they worth being elected…


  9. #9 by Tarap on Saturday, 19 April 2008 - 2:47 pm


  10. #10 by Justicewanted on Saturday, 19 April 2008 - 2:50 pm

    I am of the opinion that the ex gratia payment to the sack ex judges is an insult to them.

    Does this mean that money can ‘solve’ the injustice that has happen? What different is it from bribery?

  11. #11 by gofortruth on Saturday, 19 April 2008 - 2:54 pm

    So far it all points toward a half hearted show only to fool the citizens.
    Zaid said no more abuse to judges but what about the Indian papers? They are doing it right now in full view of 27 millions of Malayisan citizens.
    What about the Hindraf 5? Are they not still being abused by the BN gomen?
    The outcome of Lingam case will tell us what type of “independent commission” BN gomen is capable of appointing or “fixing”.

  12. #12 by lopez on Saturday, 19 April 2008 - 3:13 pm

    Who side stepped and belittled JKR and then made JPM becomes the defacto works dept

  13. #13 by drmaharajahrk on Saturday, 19 April 2008 - 3:15 pm

    whatever BN does involves money.

    Ex gratia = money = bribery

    They could have said ” Sorry ” but they chose not to. Sorry is free and BN doesnt like that.

    It’s tax payers money, what the heck, just use it la

  14. #14 by shortie kiasu on Saturday, 19 April 2008 - 3:17 pm

    Just wandering who are the ‘bird’s-brain’ advisors behind this whole farce of ex gratia payment ‘for that “contributions, pain and loss” of the six wronged judges’, which, cannot be equated with mere currency by implying that these wrongs and injustices could be dealt with solely in monetary terms’ to the ignorant PM Abdullah.

    The whole gesture of ex gratia payment by the government of Abdullah fell short of what is decently expected.

    A payment which cannot compensate for the contributions, pains and loss, and in addition the Government plainly refused to admit the wrongs and apologise.

    That amounts to noting in eyes of the people and in the eyse of the international community.

  15. #15 by PSM on Saturday, 19 April 2008 - 3:20 pm

    Come on lah, let’s face it. Nothing has changed. Pak Lah is trying to “get back” at TDM for all the criticism that TDM has been levelling at Pak Lah (but he is to “chicken to go after TDM!). Pak Lah is also hoping that a little of this “half-past-six” “BS” will appease the Rakyat.
    HINDRAF 5 is still under ISA, Uthayakumar is still being denied proper Medical treatment (am I wrong here?), Makkal Osai’s Licence has still not been approved, I hear a 100 year old Hindu temple in Johore has just been destroyed (am I wrong here?), what’s the outcome of the Lingam RC? (how long more are they going to postpone?) & the list goes on & on.
    Yes, the Rakyat have had enough! It’s time for a change once & for all!

  16. #16 by UzMiNoOnist on Saturday, 19 April 2008 - 3:26 pm

    [bold]Don’t use public money to pay for someone else mistakes[/bold]

    Clearly, it is an abuse of power and the person should be personally held responsible.

    Why are we so damn dumb to even agree to such scheme of flip flop?

    We Malaysian should stop being so gullible.

    Vote UMNO and BN goons the hell out Malaysian Politics

  17. #17 by TTDI_KL on Saturday, 19 April 2008 - 3:36 pm

    It is not going to end until it ends! Why only investigate into 20 years of judicial darkness? There must be thorough investigation into 20 years of misrule and baloney ranging from:
    1. Human rights violation (ISA detention and people dying while in police custody);
    2. Privatisation (which in essence was “piratization” and now citizens are faced with exorbitant tolls and other payments);
    3. Questionable bail outs (like Perwaja, MAS, banks – Bank Bumi, Sime Bank etc);
    4. Unilateral and extra constitutional decision like declaring Malaysia an Islamic state;
    5. Numerous granting of permits, licence, contracts and concessions to well-connected rent seekers and cronies which until today are still enjoying;
    6. Indulging in grandeur and wasting of public fund – just look at the residence of PM and DPM and the wastage of office space in Putra Jaya. I think countries with five times the size of GDP of Malaysia do not have the luxuries like our Putra Jaya.

  18. #18 by budak on Saturday, 19 April 2008 - 3:37 pm

    wah Utusan real govt paper…

    the picture seems being morphed and Tun Salleh Abbas look small but Pak Lah no as big as gorilla wor… :-)

  19. #19 by James on Saturday, 19 April 2008 - 3:51 pm

    this bodohwi @ sleeping ughhh @ semuanya ok fella shows himself as a BIG coward by the half-past six compensation that was offered. what a loser, shows how unprincipled he is.

    our NATION is embarassed by such shameless “leader” who is fearful of anything that exists & do not exist. support him to continue running umno till it totally break up into nothingness.

    Then Malaysians will have a brighter future.

  20. #20 by lopez on Saturday, 19 April 2008 - 4:12 pm

    it took 50 years to reach at this cross roads, there ARE only three roads to go…..

    I know I’m not going back….what the hell ….I HAVE NOTHING TO LOSE, i AM GOING FORWARD …TO TOWARDS CONTEMPORARY WAYS AND IDEALS….SORRY don’t mix politics with religions , no mix either knowledge with religion.

    neither work with religion, nor food with religion

    You keep your ways and i keep mine.

  21. #21 by novice101 on Saturday, 19 April 2008 - 4:15 pm

    One voter’s reaction and opinion!

    My reaction on reading this, is one of total disbelief! Countless questions flooded my mind. How can this happen? How can this be allowed to happened? Why on earth, do these people offered themselves for election, in the first instance? What motivated them, then? How can the motivation disappear so fast? Do they have any principles or are they just plain opportunists? Who do they think the voters are – just brainless idiots! Are these newly-minted MPs aware of the duties and responsibilities of a MP? Have the parties they represent play its proper roles?

    Do our opinions still count with these parties and these MPs? I have decided to overlook this. I will attribute this negligence to the inexperience of the parties and the MPs. I will even offer an excuse, on their behalf – too much demands with too little time!

    But just in case they mistake my magnanimosity for stupidity, I will issue them a warning – no more seat-warming from now on! We voted for you to represent us in parliament, so work you must!

    For the leaders in DAP and PKR – your delinquent statistical percentages are 18% and 29% respectively. These do not speak well of your sense of responsibility! I cannot discern any difference between your MPs and those from the BN. I voted for you because I want to have a difference – I want you to provide the check and balance in parliament! Please show me you are up to the tasks.

  22. #22 by pwcheng on Saturday, 19 April 2008 - 4:24 pm

    What about all those innocent people who are mercilessly murdered or maimed in the aftermath of May 13 1969. Their sorrow and pain and cries for help are equally painful if not more, physically mentally and psychologically. The only difference is that the pain of the judges has a follow through effect to the Rakyat whose voices UMNO heard only on March 3rd 2008. If not it will be business as usual.

    Which fool will want to believe them that they are addressing this problem after the 2004 election. The sinister move to extend the service of Ahmad Fairuz, but shot down by the Agung and the appointment of Tan Sri Zaki Tun Azmi as Court of Appeal President is no pointer to what the say..

  23. #23 by Jeffrey on Saturday, 19 April 2008 - 5:18 pm

    “Goodwill ex-gratia payments to all non-bumis for their mistreatment as 2nd/3rd-class citizens since 1969?”
    ///LKS, where will this end? Do not trivialize this memorable event for the wronged justices by opening other cans of worms!///novice101

    Good one, :) yes, where to draw the line?

    I thought article 8 of our Federal Constitution promises all persons are equal before the law and entitled to the equal protection of the law, there shall be no discrimination etc ….(including payment of ex gratia to persons aggrieved by the justice system)

    So if ex gratia payments are to be extended beyond 6 judges to the other victims of the two decades of judicial darkness like Anwar Ibrahim, Lim Guan Eng Syed Idid 106 Internal Security Act (ISA) detainees in the 1987 Operation Lalang, what about – don’t forget the Reformasi Four – Mohd Ezam Mohd Nor, Tian Chua, Saari Sungib and Hishamuddin Raisin detained under ISA in April 2001 and present Hindraf leaders detained under ISA?

    If one is talking of miscarriage of justice perceived by public, why confined to ISA cases?

    What about the famous “defamation cases” involving estate of M.G.G. Pillai, Asian Wall Street journal reporter Rapheal Pura, sued for libel and lost and all parties who would contend that they lost in cases in which their own lawyers were not ‘koreck’ ‘koreck’ ‘Koreck’ one???

    Would it be further extended to civil cases eg Boonsom Bunyanit who lost title/property to Adorna Properties Sdn Bhd in that not so ‘koreck’ decision lambasted by Lim Kean Chye in last law conference?

    Or civil versus Sharia law cases involving families of those who lost their converted spouse bodies to body snatchers when civil courts would not assert jurisdiction ? Would it include Azlina Jailani aka Lina Joy whose right to embrace religion of choice was denied?

    Are they all not entitled under Article 8 of constitution equally to ex gratia payments from govt?

    Don’t forget poor Dr Basmullah Yusom, 44, jailed under a technicality under PHFSA – he is probably released by now whose plight forgotten during the political tsunami, I’m sure a little ex-gratia will go a long way to rehabilitate his livelihood!

    If all compensated with ex-gratia payments who is going to compensate us tax payers???

  24. #24 by Fair Play on Saturday, 19 April 2008 - 5:22 pm

    I would give Pak Lah and his Law Minister credit for putting on record the wrong done to the six distinguished judges 20 years ago . I also agree with you that many more people including those you mentioned have suffered during these past 20 years when we were forced to act like Mice and not Men , you and I know why . So for now let’s be happy that we still have Pah Lah as PM .
    We should perhaps wait for reforms to the judiciary before pushing further . Looking back to Anwar’s trial, we must conclude that the AG’s Office should also undergo a revamp . In a more recent case , the PHSFA should be reviewed or repealed and the jailed doctor compensated .

  25. #25 by ShiokGuy on Saturday, 19 April 2008 - 5:25 pm

    I hope Abdullah did not think the standing ovation is for him!
    That’s will be funny, and from what I feel and if I am one of the people in there.. My standing Ovation is for the 6 heroes of Malaysia.

    Abdullah is not a heroes of Malaysia so far, he can be one if he start doing the right thing. How about releasing all ISA detainee?

    Shiok Guy

    P/S: Parents’ Resource for autism is having an art exhibition from 20-26 April at the Pavilion. Check out the detail on or

  26. #26 by Godfather on Saturday, 19 April 2008 - 5:59 pm

    The “full and proper closure” for the mess in the judiciary can only happen when the thieves are no longer in control of the federal government. That’s when a whole new revamp can take place, with the judicial commission reporting to a parliamentary select committee with hearings conducted in public.

    These people will never learn until and unless you take away their comfort zone.

  27. #27 by ReformMalaysia on Saturday, 19 April 2008 - 6:05 pm

    YB Lim Kit Siang & Hindraf 5 should be included too.

    All these detentions was/are politically-motivated.- morally and legally wrong- religiously wrong too.

  28. #28 by boh-liao on Saturday, 19 April 2008 - 6:12 pm

    The ex gratia payment announced by the government yesterday for six former judges involved in the 1988 judicial crisis is not a form of apology to them, NR said.

    The government will not say “Sorry”. TDM will not say “Sorry”.

    Why? “Love means never having to say you’re sorry.” Love Story (1970)!

    Although by not doing the simple of act of saying “Sorry” (which is against our RK principles: Kesopanan dan kesusilaan), TDM and the BN government actually love the six former judges!!!

    BN always believe that money can buy everything, including luvvv!

  29. #29 by NotProudToBeMalaysian on Saturday, 19 April 2008 - 6:17 pm

    In other words, he’s trying to corrupt us all.
    That’s what I ‘ve always said, “money is power”.
    Just look at all those high profile court cases now and then.
    The winner are the Tan Sris and the Datuks, while the losers are the victim.
    As for Altantuya case, I can bet that all the suspects will be freed sooner or later.
    It’s only a matter of time whether the victim’s family is willing to accept compensation or not.
    That’s why they’re dragging the case for so long.

  30. #30 by boh-liao on Saturday, 19 April 2008 - 6:21 pm

    Why are PR elected politicians getting all kinds of titles from a Sultan before they even start to serve the people? Are they behaving like BN politicians anchored down by titles in front of their names?

    Politicians don’t need titles to serve their people! Have a look at politicans in other developed countries.

  31. #31 by lopez on Saturday, 19 April 2008 - 7:14 pm

    part of feudalised ways, bolihland still has a string of them and some yearn to start theirs while some already started theirs, when are you starting yours.

    Every one can do wrong and also can do right , all men are equal (reserve your own definition and perception).

  32. #32 by undergrad2 on Saturday, 19 April 2008 - 7:46 pm

    I suggest that the ex gratia payments be donated and be distributed to the poor people who are in need of food, medicine and clothing.

    This is in recognition to what is all too clear i.e. that you cannot undo some twenty years of injustice perpetrated not only against these judges but against the other victims of a corrupt judicial system. Their suffering has gone unnoticed and this would be a good opportunity to give voices to their suffering.

  33. #33 by undergrad2 on Saturday, 19 April 2008 - 8:01 pm

    “If all compensated with ex-gratia payments who is going to compensate us tax payers???” Jeffrey

    Good thing you raised the issue of tax payers’ money being used to pay for the abuse of power by those involved!

    Shouldn’t the Cabinet members take a cut in their salary as a symbolic gesture and top up the ex gratia payments which should then be donated to the poor?

    Shouldn’t the lawyers too take some of the blame since they too have been part of the system?

    The taxpayers should be given a tax rebate this year and I suggest RM1,000 flat to all tax paying citizens who file taxes this year. That would be in recognition of the injustice a corrupt legal system has brought and in ways we do not yet know and may never know. We are all victims in one way or another!

  34. #34 by waterfrontcoolie on Saturday, 19 April 2008 - 8:05 pm

    All these ‘crimes’ if you want to call them had one source of origin. No prize for guessing the culprit! Do appreciate that AAB has at least the conscience, be lated maybe, to try to do this bit. So don’t hit him so hard! Worse could follow after he is gone!
    However you may want to interprete the ex-gratia, he ghad made the first step. just pray that he would make the next move. I still think that he had done a little, without him this little might not even appear. Just hear how Najib reacted!

  35. #35 by waterfrontcoolie on Saturday, 19 April 2008 - 8:07 pm

    correction- ‘belated’….. and ‘be glad he…’

  36. #36 by undergrad2 on Saturday, 19 April 2008 - 8:09 pm

    Isn’t it not the mother of all ironies that they who perpetrated injustice on the people are allowed to keep their ill gotten gains in the vaults of foreign banks, and we the ordinary folks and victims are made to foot the bill??

  37. #37 by pgsilai on Saturday, 19 April 2008 - 8:13 pm

    Get the ex PM to pay the ex-gratia or salary cut on the cabinet members, I agree with you undergrad2. Just because someone made a silly mistake and abused their power, they simply spend the tax payers money. It should be from their own pocket, then they feel the pain, otherwise it is not an apology at all.

  38. #38 by billgates on Saturday, 19 April 2008 - 8:13 pm

    Hope the ex-gratia payment is not something to government top shut TDM’s mouth.

    Yes, I agree with your suggestion that the ex-gratia payment be extended to include all those who have been unfairly sent to prison. That also include my good friend Saudara P. Patto.

  39. #39 by undergrad2 on Saturday, 19 April 2008 - 8:22 pm

    “Najib is in fact directly contradicting Abdullah’s statement that “the contributions, pain and loss” of the six wronged judges cannot be equated with mere currency by implying that these wrongs and injustices could be dealt with solely in monetary terms.” KIT

    This is a classic example of the right hand not knowing where the left hand has gone! As a result the body is all twisted up like that of a contortionist with his face smelling his *ass.

  40. #40 by undergrad2 on Saturday, 19 April 2008 - 8:35 pm

    “It should be from their own pocket, then they feel the pain…” pgsillai

    Rest assured. They’ll not feel any pain!

    It is proposed as a symbolic gesture,, that they should be made to accept and acknowledge their failure to act and to act expeditiously.

    Former Cabinet Ministers must not (in all fairness to the current Cabinet Ministers) be spared the embarassment of having to ‘donate’ any government allowance/pension they received and/or are receiving towards the ex gratia payments.

  41. #41 by sheriff singh on Saturday, 19 April 2008 - 9:11 pm

    Ex-gratia payments? Sure, why not?

    After all its only public money and it can be dished out freely. With no admission of blame, guilt, fault or anything of that sort.

    Just say ” lets move on” when you dish out the money.

    And if you don’t have the money, just borrow from EPF. Same same.

  42. #42 by sheriff singh on Saturday, 19 April 2008 - 9:12 pm

    P/s I hear Samy Vellu is getting a Tun-ship this coming June.

  43. #43 by sheriff singh on Saturday, 19 April 2008 - 9:15 pm

    Maybe we should ask for the setting up of an Awards Commission to vet candidates for awards.

  44. #44 by allasstra on Saturday, 19 April 2008 - 9:27 pm

    great men does not accept compensation for a wrong doing, instead they demand an apology…

    in some way,accepting a compensation could be seen as spineless…

  45. #45 by alberttye on Saturday, 19 April 2008 - 10:28 pm

    Najib said the payment is not equivalent to an apology had deminished the meaning and value of the compensation !

    If it is not to be construed as a form of apology, what is it then?

  46. #46 by pathfinder on Saturday, 19 April 2008 - 11:46 pm

    Come On man… Do Umno seriously think that what was wrong can be compensated with money? What an insult! I feel the insult. What about the Hindraf 5? It looks like that they are entitled to the compensation as well. Precedent has been set. By the way, the compensation are actually Rakyat’s money. PM and Home Minister are repeating the same wrong doings. And we may have to pay for it in future.

  47. #47 by miwaki on Sunday, 20 April 2008 - 12:07 am

    Because of the mistake committed by the government,we the clean and poor rakyat have to foot the bills.This is most ridiculous !Pakatan Rakyat’s MPs should bring this matter up and insist those responsible to share the cost as well.After all,he is rich and alive !

  48. #48 by undergrad2 on Sunday, 20 April 2008 - 2:21 am

    It is important that the ex gratia payment does not amount to a public admission of a wrongdoing because of its legal ramifications.

  49. #49 by undergrad2 on Sunday, 20 April 2008 - 2:22 am

    ooops it is important to the BN government…

  50. #50 by cucu adam on Sunday, 20 April 2008 - 3:27 am

    The payment of the ex gratia to those judges who were sacked during the time Mathair Mohammad was the Prime Minister. It has taken 20 years for the Malaysian Government to realise and to ‘admit’ the unjustice done to these judges. If not for the sacking of these judges, some of them could have ended their judicial career as the Chief Justice of this country, and if they had been appointed to this post, perhaps some of those who were then appointed would never had been one. And because of the sacking of those judges some of those appointed don’t deserve to be Chief Justice/Lord President of Malaysia.

    Having removed the good judges, the not so good judges were then appointed, and resulted in our judiciary been a laughing stock of the world. And during the period these people held office, they in turn appointed the not so good judges in the High Court, Court of Appeal and the Federal Court, which explained why some people like Ezam, Anwar Ibrahim, Lim Guan Eng and many others to be sent to the prisons.

    Of course these sacked judges after having suffered 20 years in disgrace deserved more than the ex gratia.

    What is worrying the people is that the payment of ex gratia did not amount to an apology to these honourable men. But in the layman term, this constitutes an apology. Of course people like Najib and for that matter Mathair, which was the root cause to these problems, would continued to echo the sentiment that the ex gratia is not an apology. These are the people who never learned from mistakes and are too proud to admit (their) mistakes.

  51. #51 by joehancl on Sunday, 20 April 2008 - 5:15 am

    I say, for politicians no money, sorry, for others maybe. There has never been one true blue democratic politician in the world who served although they profess to do so. They have always wanted to govern and govern with power. Paying money as compensation to politicians is amounting to buying a coat where you are asked to pay for the buttons after an agreed price.

  52. #52 by Godfather on Sunday, 20 April 2008 - 7:41 am

    The ex-gratia payment was for a person’s suffering – being out of a job, being ridiculed, being incarcerated. It basically demonstrated that there was a wrong committed, but no one will be held responsible for that wrong.

    Half the present cabinet was around during 1988, and also during Ops Lallang. The minutes of the cabinet meetings during these infamous incidents probably showed that the cabinet voted unanimously for the actions attributed to Mahathir. Badawi and Najib would never want to open these cans of worms.

  53. #53 by David Chin on Sunday, 20 April 2008 - 7:53 am

    Come on, our Deputy PM is a wise guy.He is cool and steady in this time of juncture.By declaring his statement, he is trying to please TDM and draw a line with PM indirectly. Now, it seems, PM overule TDM previous verdict and our wise DPM is sort of acting cool and safe.In order to safeguard his post in UMNO and convince the Rakyat, our PM may porbably come up more and more announcements which will give hitback to TDM’s policy.Since the UMNO party election is soon coming, this is PM last try.In contradiction, DPM has different mind in securing not only his supporters but TDM’s supporters as well.So, his statement may seem to PM- Kita memang tidak mahu meminta maaf( Tak ada muka la), betul kata 2nd man saya, saya tiday minta maaf.To TDM, he may feel-ni, gang saya memang jaga hati saya, apa yang saya buat dulu, memang betul.takkan pula kerajayaan sekrg nak minta maaf.Maksudnya saya salah ke.?????

  54. #54 by Bigjoe on Sunday, 20 April 2008 - 9:39 am

    The whole point of an ex-gratia payment in lieu of a full apology is there is no admission of guilt that can be used as a basis for any other case. Sure its a cop-out, but do we really think suddently this PM has changed his stripes completely?

    The issue to me is this: IF the goal of this and subsequent administration is to build a world class judiciary, can it avoid paying for the consequences of the injustices and damages done forever?

    There is such a thing as a statute of limitation in law but NOT when it comes to non-financial damages. A world class judiciary cannot avoid looking at the consequences and damages even 50 or 100 years after the incidence so long as locus standi can be proven. So even if aggrieved party such as Sdr. Lim may not be around one day, so long as his sons and grandchildren keep asking for damages, sooner or later a world class court have to hear them.

    This to me is the biggest danger of the NEP, its clearly unconstitutional now if you are a strict constitutionalist as it violates Article 8. If its not removed, someday when we do have a decent court system, big group(s) of Indians and Chinese will put together the mother of all class-action suits that our government cannot afford.

    Sdr. Lim suggestion is correct but its about paying for the consequences of wrong under Dr. M now rather than later where it could be even worst.

  55. #55 by Godfather on Sunday, 20 April 2008 - 9:43 am

    World class judiciary ? More like a world class con job.

  56. #56 by ktteokt on Sunday, 20 April 2008 - 10:15 am

    It makes me wonder what the purpose of hanging up the four large banners in front of the Courts Complex in Jalan Duta with the words “BUAT KERJA” really mean. Does it mean only now the Court staff will start to work? Have they been sleeping all these while? Or does it mean they are only going to work seriously from now on? Any one of these reasons will only prove the people housed within this complex as being “incompetent” prior to the March 8 political tsunami. This amounts to a self-confession of incompetency from the top-most judges, registrars, judicial commissioners, magistrates, court staff right up to office boys.

  57. #57 by HJ Angus on Sunday, 20 April 2008 - 10:57 am

    It is helpful to remind ourselves that our nation is called Malaysia and not UTOPIA where everything works to perfection.

    I am sure that the justice demanded by many here will happen if/when the Opposition rules but that is still a work in progress.

    Now there is also talk for an independent ACA but I suggest we should remind them of the IPCMC first.

  58. #58 by ktteokt on Monday, 21 April 2008 - 7:44 am

    The ex-gratia payment is one slap on the face of AAB who dares to turn around and tell the rakyat, “It’s okay, it’s not painful!”

  59. #59 by seage on Monday, 21 April 2008 - 8:40 am

    It is amusing to read some of the comments around here crying “foul play” or “unfair” when the government used the tax payers monies to pay to these 6 judges or for that instance any other so-called mega project (more like mega ‘korek’). The fact is, the Rakyat makes mistakes too and should bear the outcome of their mistakes.

    The “Mother-of -all-mistakes” is to give your vote to BN and continuing to do so for the pass few GEs (Hopefully non of you for GE12 and more so GE13). Your votes becomes the government! It is fortunate that plenty changed their stand after much enlightenment through the rich and advance technology available to us today i.e. internet. I am guilty for believing in BN for the pass few GEs but am glad that I no longer trust in them. I am paying for my previous folly and still am now…until PR finally took over as the fed gov (fingers crossed).

    No doubt Ex-gratia is the lousiest form of remedy, it is something that you can expect from the current gov.

    Ex Gratia payment = RM50m
    Dinner for the event = RM100k
    Remedial action to the judicial system = Priceless

    B.Ann is too blind to see that only things that no price can be attached to is priceless!

    While tax payers are still being penalised for their wrong decision, lets hope that such a predicament will end in GE13! To have PR as the fed gov… priceless!

  60. #60 by lakilompat on Monday, 21 April 2008 - 5:10 pm

    They are treating the judges like beggars, just give the money without apologizing their past mistakes.

  61. #61 by ktteokt on Monday, 21 April 2008 - 8:39 pm

    Perhaps AAB is so generous, he may decide to offer the other side of his face to be slapped!!!!

  62. #62 by lakilompat on Tuesday, 22 April 2008 - 9:04 am

    I think AAB is a brave man not even Tun Dr. Mahathir can compare, he is not afraid of his “face” as much as Tun Dr. Mahathir.

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