Many, including Judges, are tired of the Judiciary being the subject matter of headlines in the press.The Malaysian public is probably likewise fatigued.
The Government appears to just not want to investigate any further issues about the Judiciary, but prefers to “move on” with their proposed reforms.
In short, people are fed up and it would understandably be tempting to brush aside the revelations recently made by the High Court Judge Ian Chin and former High Court Judge Datuk Muhammad Kamil Awang.
But would dismissing the disclosures out of hand be the right thing to do?
Are we to just ignore what the Judges have said and pretend those incidents never happened? Are we to allow this matter to be swept under the carpet without giving all those concerned a fair chance to be heard? Should we not be alarmed by the chilling disclosure of a “boot camp” which strikes at the very heart of the independence of the Judiciary and separation of powers? Should we not be interested to find out if there were other improprieties, and what we can learn from the mistakes of the past?
However fatigued we may be, however much we may fear the depth of the revelations or the political and institutional repercussions, we must find the strength to deal with them and have the wisdom to know that the path to real and meaningful change is never easy.
It is precisely because the Bar Council believed that there was much more that ails the Judiciary that we had asked for a Royal Commission to look into all issues relating to the Judiciary rather than to confine it to the Lingam video clip. We had in mind a Royal Commission much like the Police Commission that would do their work over a period of time and invite information from the public.
As it stands the Royal Commission on the Lingam video clip has already made many troubling findings and has asked for “a determined effort…. to get to the root of the malaise which has been uncovered.”
We must all appreciate that it takes courage to step forward to reveal misdeeds or improprieties. To do so is to risk one’s career. But such revelations are the driving force behind reform and accountability. We owe it to those who have shown the courage to come forward to create an environment in which they and others may continue to do so without fear or favour. Perhaps the Judicial Appointments Commission ought now to have a mechanism not just for public complaints but also for complaints by Judges against any party that seeks to interfere with the performance of their duties.
It must also be appreciated that addressing these revelations is not only in the public interest but also in the interest of the many Judges who work tirelessly, honestly and quietly to uphold their oaths of office. We must ensure that they enjoy an environment that promotes courage, integrity and independence.
Therefore:
• Investigations must be carried out if potential offences are disclosed.
• There must be a fact-finding effort.
• A Royal Commission must be considered to investigate and resolve a wide range of issues relating to the Judiciary.
• A mechanism must be set up for the public and Judges to make complaints.
• All parties must be given a fair opportunity to state their case.
Inaction is not an option.
Dato’ Ambiga Sreenevasan
President
Malaysian Bar
13 June 2008
1 comment:
Madam President of Malaysian Bar,
Yes, inaction is certainly not an option. The importance of an independent judiciary cannot be overemphasized. I have come to the conclusion that the easy solution is to completely defeat UMNO in the next elections.
In the 2004 elections (11th General Election), the voters gave good support to Mr.Abdullah Badawi. But reforms did not come. Why? Probably because UMNO had done well in the elections. If UMNO had done well in the elections, then the election results tell UMNO that the voters are satisfied with the status quo. If the voters are satisfied with UMNO, then no reforms are necessary. In the 2008 elections (12th General Elections), UMNO did not do well, but she managed to win. UMNO did lose the 2/3 majority in the Parliament, but she did win, nevertheless. Will UMNO undertake reforms now? I would not be surprised if she did not. Why should she? UMNO is still the winner in the elections; and she can plan to rise and may even succeed to rise again. So, as long as she wins, she will never undertake the reforms. So, how do the voters get the reforms that they need? The voters will get the reforms when UMNO is completely defeated in the 13th General Elections. If UMNO wins zero seats in the next elections (13th General Elections), then some other party would have to rule Malaysia. Let us call it Party B. If UMNO is completely defeated in the next elections (13th General Elections), then Party B would rule Malaysia. Would Party B undertake reforms? If Party B does not undertake reforms, then voters would know what to do.
So, the next step for Malaysians is to completely defeat UMNO in the next elections.
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