The Malaysian Bar is appalled at the stand taken by the Government in Parliament on Monday in relation to the Dato’ V. K. Lingam video clip incident, in particular its viewpoint that investigations have revealed that no wrongdoing could be established.
Such a simplistic and irresponsible conclusion is an affront to the Royal Commission of Inquiry (RCI)’s commendable work of thoroughly and objectively sieving through the evidence presented. The RCI found that wrongdoings had indeed been committed, and it further identified some breaches of statutes applicable to the circumstances.
The evidence unearthed went far beyond what the Government euphemistically called “lobbying”. It is reasonable to proffer rational views on the suitability of individual judicial candidates, when performed without any expectation of benefit in return. This is obviously a far cry from a quid pro quo exchange of assurances that smacks of cronyism and the improper use of political connections. The video clip revealed the latter.
Dato’ V. K. Lingam’s statement that he has the ability to fix the appointment of judges brings into contempt the administration of justice.
The video clip raises grave questions but there is also other evidence of serious misdeeds, for example Dato’ V.K. Lingam’s authorship of a judgment in a case in which he had himself appeared as counsel for one of the parties. Another example is the clear evidence of the joint New Zealand holiday taken by Dato’ V. K. Lingam and then-Chief Justice Tun Eusoffe Chin and their respective families, which wholly discredited their claims for many years that they had met only by chance.
These incidents must be investigated thoroughly. No stone should be left unturned. If there is truth in the any of the allegations that have surfaced, stern and appropriate action must follow. Improprieties must not go unchecked.
What happened has undoubtedly brought the Malaysian judicial institution into shameful disrepute. To now say that no laws have been broken and to classify the affair as “No Further Action” is to selectively and arbitrarily apply justice. The tragic irony will not escape the Malaysian public – the very system of justice that Dato’ V. K. Lingam has been found to have abused and made a mockery of now refuses to mete out justice against him.
Ragunath Kesavan
President
Malaysian Bar
11 November 2009
Such a simplistic and irresponsible conclusion is an affront to the Royal Commission of Inquiry (RCI)’s commendable work of thoroughly and objectively sieving through the evidence presented. The RCI found that wrongdoings had indeed been committed, and it further identified some breaches of statutes applicable to the circumstances.
The evidence unearthed went far beyond what the Government euphemistically called “lobbying”. It is reasonable to proffer rational views on the suitability of individual judicial candidates, when performed without any expectation of benefit in return. This is obviously a far cry from a quid pro quo exchange of assurances that smacks of cronyism and the improper use of political connections. The video clip revealed the latter.
Dato’ V. K. Lingam’s statement that he has the ability to fix the appointment of judges brings into contempt the administration of justice.
The video clip raises grave questions but there is also other evidence of serious misdeeds, for example Dato’ V.K. Lingam’s authorship of a judgment in a case in which he had himself appeared as counsel for one of the parties. Another example is the clear evidence of the joint New Zealand holiday taken by Dato’ V. K. Lingam and then-Chief Justice Tun Eusoffe Chin and their respective families, which wholly discredited their claims for many years that they had met only by chance.
These incidents must be investigated thoroughly. No stone should be left unturned. If there is truth in the any of the allegations that have surfaced, stern and appropriate action must follow. Improprieties must not go unchecked.
What happened has undoubtedly brought the Malaysian judicial institution into shameful disrepute. To now say that no laws have been broken and to classify the affair as “No Further Action” is to selectively and arbitrarily apply justice. The tragic irony will not escape the Malaysian public – the very system of justice that Dato’ V. K. Lingam has been found to have abused and made a mockery of now refuses to mete out justice against him.
Ragunath Kesavan
President
Malaysian Bar
11 November 2009
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