By Martin Jalleh
The integrity of the judiciary has been badly mauled by a legal lion who does not mince his words no matter how high or mighty a judge thinks he is. He has called a spade a spade and certain members of the judiciary an “incompetent” and even an “idiotic” bunch!
All the Chief Justice (CJ) and the judges in the Palace of Justice have managed to do is remain mum, mute and mumble amongst themselves as N H Chan methodically makes them out for who they really are and the mockery they have made of the law!
The respected, renowned and retired Justice N H Chan is very frustrated, fed-up and furious at how the judiciary which he had served so faithfully has been reduced to a farce run by those who are legal and intellectual frauds or what he has called “imposters”!
With each passing compromised judgment N H Chan unhesitatingly hits out at judges with an increasingly sharper sting. He leaves no stone unturned, no errant judge uncovered. They can “no longer mask their hyperbole judgments with unintelligible garbage”.
“Fools on the bench” In his latest scathing critique, he said the rakyat is “stunned by the ignorance of our judges of the highest court in the land”, as seen in the recent Federal Court’s decision not to review Anwar Ibrahim’s application to review its previous decision dismissing his application for disclosure of documents for his second sodomy trial.
N H Chan said the Federal Court’s approach to Rule 137 of the Rules of the Federal Court 1995 was “inconsistent” and “dishonest” and “those ignoramuses” were talking “utter nonsense”. Those “inane judges cannot even understand plain English”! He put it very plainly and painfully!
Calling the three-member panel of Justice Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Heliliah Mohd Yusof “incompetent”, he added “perhaps they were clowns as their statements were laughable”.
His searing criticism was that they “…do not know justice from injustice”, and that “such lowly individuals should never be allowed to sit on the seat of Justice…(and) to be judges at all. And yet there are so many of them in the judiciary today ever since the rot begun.”
He shredded into smithereens the “judicial renaissance” of the CJ: “Our country does not need impostors, who pose as judges, to deceive the common people any longer. The common citizenry can now uncover the impostors hiding beneath the mantle of the judicature.”
He laid bare the judicial sham: “With judges such as these in the Malaysian judiciary where, to them, the principles of the law are not to be consonant with justice to be manipulated by them to uphold injustice, it is no wonder that the errant judges have forfeited the confidence of the people. ”
He left them with a stinging slap in the face: “The general public does not respect such judges anymore! They have put themselves beyond the pale. Just like pariahs. Don’t you think they should be despised?”
On High Court judge Justice Mohamad Zabidin Mohd Diah’s rejection of Anwar’s application to have the judge recuse himself from further hearing the sodomy trial, N H Chan said that the judge was talking “utter nonsense” and “knew next to nothing about judicial bias”.
He added that the “moral of this unsavoury episode” is this: if you appoint mediocre lawyers to the Bench you will get substandard judges. The solution to this problem is a simple one. Appoint judges from the cream of the legal profession and you will not find me assailing the judges for incompetence simply because I will not be able to do so.”
Such was his cutting conclusion: “It is only when we have fools on the bench that I can point out that what they have decided is not the law.”
“Bunch of idiots in high places”
N H Chan had not spared the judges in the cases related to the Perak constitutional crisis of his very strong language when scrutinising their decisions (with the exception of Kuala Lumpur High Court Justice Abdul Aziz Abdul Rahim whom he had praised).
He highlighted the “bad” and “perverse” judgments, especially those in the appellate courts, the collective written judgements which were “riddled with contradictions” and how the Perak and Federal Constitutions were toyed with and trampled on by the judges!
During the Perak debacle N H Chan had said that there are “many of our judges today especially among those judges in the higher echelon of the judicial hierarchy who do not seem to know the true meaning of separation of powers in constitutional law. This is most apparent.”
He called some of the judges of the cases of the Perak imbroglio:
- Bad judges – they “seem to think that independence means that they can do what they like”
- Recalcitrant judges – “they think that words can mean whatever they want them to mean”
- Humpty Dumpty judges – “they also think that they are independent of the legislature”.