A Nation Adrift with Scandals, Lies and Corruption

Read here article by Mohamed Sani Seman in Malaysia-Today

Quote:

Malaysians were fooled by the spin-doctors from Level 4, led by son-in-law Khairy Jamaluddin, into thinking that they had finally got a man (Abdullah Badawi) with enough integrity to at least begin reforming some of the more corrupt practices inherited from decades of BN misrule.

Malaysians swallowed the lie hook, line and sinker and like lemmings followed their leader to doom while his coterie of Oxbridge advisors stuffed their pockets with the national wealth, robbed left, right and centre through the wide open channels of the GLCs.

Najib Tun Razak has NO right to talk about integrity. At best, he is a racist bigot who rose to power by inheritance and by never making any decisions at all important junctures in Malaysian politics, and at worst a hen-pecked accessory to murder.

Najib’s integrity is as intact as the virginity of the single cow in a pen of fifty bulls.
-Mohamed Sani Seman

Excerpts: Read here for more article by Mohamed Sani Seman

Last week Anwar Ibrahim managed to do something which he never accomplished in the six years he was in prison… he brought a demonstration to Putrajaya.

The lawyers were merely a conduit -- the nation was fed-up, and the march of Blacks and Whites was the perfect opportunity to give an upwards middle finger sign to the Prime Minister and his ‘First Family’.

It was simply a sign that there is a limit to the patience of Malaysians.

Admittedly, only the lawyers (well-educated, cultured and financially-affected as they are) formed the bulk of the marchers, but as a group they represent the conscience of a people perhaps finally tired of Old Sleepy Head being at the helm of the country.

Malaysians were fooled by the spin-doctors from Level 4, led by son-in-law Khairy Jamaluddin, into thinking that they had finally got a man with enough integrity to at least begin reforming some of the more corrupt practices inherited from decades of BN misrule.

Malaysians swallowed the lie hook, line and sinker and like lemmings followed their leader to doom while his coterie of Oxbridge advisors stuffed their pockets with the national wealth, robbed left, right and centre through the wide open channels of the GLCs.

The Tainted Judiciary and UMNO Hegemony

The Fairuz affair is not a new occurrence in the Malaysian judiciary. ‘Fairuz the Fixer’ is a moniker quite well-suited to the man, but could equally be applied to many more of his contemporaries and peers.

ALL of Malaysia’s recent Chief Justices have been tainted by the stain of political influence, and yes, they have all, at one time or another, been bought by the bribery of money and positions offered by the Executive.

The reason why Abdullah Badawi is so ensconced in power is because he has continued to nourish a corrupt judicial system inherited from Mahathir.

One example is when Khairy Jamaluddin met with Fairuz to rearrange the judges in the Altantuya case. Remember the Indian chap? He was too independent. So they had him replaced with the servile judicial commissioner who now seems likely to pronounce that Altantuya probably died as a result of dengue fever.

All this, in order to give Khairy Jamaluddin the licence to go up to Najib Tun Razak and say, “See! I saved your neck!”

In so doing, the succession is secured and Abdullah hopes that Najib will be swiftly succeeded by Khairy and the dynasty goes on and on, ruling Malaysia till eternity.

Abdullah also fixed the judges in the Metramac case when he accepted Khairy’s advice that it was better to be on Daim’s side than against him.

Daim had offered Khairy the support he wanted in return for the peace and quiet of exemption from prosecution for all his ill-gotten gains. It was an offer that Khairy could NOT refuse and again, Mr Fix-It, Tun Ahmad Fairuz, was told the way the wind blows.

No wonder that Mahathir, the man who knows the insides of politics like the internal workings of his little colon, refused to bring his complaint over bribery in the UMNO Kubang Pasu delegates’ election vote to the courts.

Mahathir knew, as almost all lawyers in Malaysia know, that the Malaysian judiciary, like the SPR, BPR, PDRM, BTN, Rela, JPJ, down to the very lowest-level batik-wearing youth leaders, exist for one ultimate reason -- and one ultimate reason alone -- to preserve, at all costs, even by killing innocents with live bullets, the continuity of UMNO’s HEGEMONY.

The judges are not the learned legal eagles who have been imbued with a sense of justice, but instead are those who are clever enough to spout legal jargon as a method of fooling people into thinking they are getting a fair deal instead of being robbed by their leaders through the open back door of their houses.

Even if Fairuz goes, there is hardly any judge worth his salt available as a fair-minded replacement.

All who have not been corrupted (and as a result were promoted to the higher reaches of the bench) can quite easily be made tools of UMNO when the necessity arises.

If they refuse, there are many more ambitious conveyance lawyers who would love to be exalted to the role of judicial commissioner. And if anyone dissents, he may be held for contempt.

What a system! Here in this ‘Boleh’ country, only a judge can disqualify himself from hearing a case in which he himself is interested. Even then, they have a nice, polite bahasa diraja word for it -- ‘recused’!

Royal Intervention

Some had hoped that the Royals would do something.

After all, isn’t Azlan Shah of Perak one of the most respected judges ever to cross Malaysia’s courtly threshold?

But there is only so much a single man can do (while) other brother-Rulers enjoy cozying up to those judges who could easily let their children off from such nuisances as debt suits and bankruptcy orders.

For example, Fairuz himself is known to favour having conferences in a certain Malaysian state as he had received special favours from that state in return for ‘bending’ the rules on some of the individuals’ close relatives.

Umno Youth's 'Mat Rempits'

The march of the lawyers will probably be followed by an equally swift and numerous opposite reaction from the bunch of hired Mat Rempits that now seem to populate Pemuda UMNO’s programs, from celebrating the 50th anniversary of Independence to climbing Mount Everest.

Abdullah and his cronies could do no less, as they are eager to ensure that the First Family continues to reign supreme. It is a young family -- they have not had enough opportunity to squander the nation’s wealth. They need more time to rob and plunder. Another term would be nice.

Ten more years would be perfect.

The Panel on the Lingam Tape

And what of the so-called panel to investigate the Lingam tape?

Well, it’s comprised of a man who had risen to judicial high office under the leadership of a Prime Minister so contemptuous of lawyers that he would rather hang them on a noose, a man who started out as a champion of the people but changed course mid-stream to become an apologist for the regime and the Token Minority.

Surely no panel can be as a farce as this one.

Najib's Credibility GAP

The man who said that “the panel’s integrity should not be questioned” is more of a joke than the Iban fella forced to ride in a JAWI hearse for not fasting during Ramadhan.

Najib Tun Razak has no right to talk about integrity. At best, he is a racist bigot who rose to power by inheritance and by never making any decisions at all important junctures in Malaysian politics, and at worst a hen-pecked accessory to murder.

Najib’s integrity is as intact as the virginity of the single cow in a pen of fifty bulls.

And what of old Mr Sleepy Head? He’s in New York, like a modern-day messiah bringing the message of Hadhari to the world, telling everyone from Palestinians to Burmese alike to follow ‘the Malaysian way’. If ever there was an example of a man who has come to believe his own lie, this is it.

Integrity? It’s such a lonely word.

Information Minister Zainuddin Maidin's Twisted Logic

From comments coming from a Cabinet Minister in charge of Information, it appears there still exist Ministers in this UMNO-led Government who take Malaysians for stupid brainless fools.

Mr. Minister Zainuddin Maidin,

It is better to be seen as a fool by keeping your mouth shut, than be seen as a bigger fool by opening your mouth.

.

From Bernama report:

Zainuddin Maidin asked the Bar Council members to call for a commission to be set up to investigate the unprofessional conduct of their leaders.

Zainuddin Maidin said the council should act PROFESSIONALLY to be respected and should NOT allow itself to be used by certain individuals for their own political interest.

He said the Bar Council was NO longer professional by pressuring the government to set a Royal Commission of Inquiry to investigate the unauthenticated video clip of a telephone conversation of a senior lawyer purportedly brokering the appointment of judges in 2002.

He said the Bar Council should be THANKFUL for the government's effort and should not continue to pressure for the setting up of a Royal Commission of Inquiry.

He also hit out at certain media for giving wide coverage on the video clip issue whereas they should act based on facts and professionally.

COMMENTARY:

From "Bullets of Squill and Ink" Blog

"...Behold the greatest asset in this whole wide world is INFORMATION. I should know...I studied it. I find it really amusing...really.

Now he expects that some lawyers to listen to him? After what he does as to name calling whoever that leaves a foul after taste after his dinner he should know better that what a buffoon he has made himself be with the title of Minister.

Goodness me, I wonder does he know the meaning of information?

Well let me briefly explain it here....

Information is an amount of collected data that has been correlated to bring specific meaning and use to the audience that asks and require of it. Thus this makes information not entirely useful all the time to everyone.

Now this is the term for useful information...Useful information is information that is complied, developed, packaged and delivered to the right people at the right time for it's precise purpose or function. If it does not meet this criteria then it is still information but more precisely termed as Useless Information.

Now, for Mr Minister of Information to tell the Malaysian BAR that they have acted unprofessionally by asking the set up of a Royal Commission is really useless information.

Why? Because he stated that the Malaysian BAR should act professionally to be respected but who would want to listen to his say when he himself resorted to name calling a couple of months back.

In the light of his previous action and statement, his say is totally un-authoritative because he himself sang off key and portrayed a minister that is immature and reckless...."

A Trifecta for His Majesty: The Cry for Help to Save the Nation

Update

Malaysian NGO,Aliran, rejects the appointment of the three-man panel to probe into the authenticity of the Lingam tapes. The panel announced their terms of reference - to verify the authenticity of the video clip which first surfaced on Sept 19. Aliran says the government’s move does not go far enough or deep enough to address the serious problems plaguing the judiciary. The rot in the judiciary extends beyond the Lingam tapes. Establishing or debunking the authenticity of the tapes is not going to solve the crisis in the judiciary. It is not the be all or the end all of the matter. Read here for more

How do we move forward? We must vote for a government which put country above party and let the judicial system be, allowing our judges to do their job without fear or favour.

We must free our people from fear. Read here for more in Malaysiakini

If you are willing to challenge the status quo and assumptions supporting the existing power structure, please walk to the People’s Parliament or to Malaysia-Today . Find there two separate People’s Petitions drafted by civil rights lawyer Haris Ibrahim and Raja Petra Kamarudin to the Yang Dipertuan Agong.

Now we, all of us citizens, must keep on pressing, so the work to clean up our judiciary, to rescue it from the quagmire of mistrust, will continue until we can once more rest easy in the belief that in Malaysia, justice can and will be done. Read here for more

Malaysian Unplug says:

When citizens lose faith in the Government they have voted in, and when citizens come to realise the electoral system was manipulated to entrench power of the dominant ruling political party ie UMNO, to run this country, the sentiment in the country is one of helplessness.

This is a Government perceived by Malaysians as one holding power that is answerable only unto itself, whose actions are callous, and at best, arrogant; a Government that does not seem to be bothered to be accountable to citizens, and a Government that is out of touch with the mood of the country.

Malaysians are simply fed-up with the corruption, political patronage and the shenanigans: Enough is Enough.

It is in sheer desperation arising from fear that this UMNO-led Government is drifting the country "to the dogs", that drove Malaysians of all races to look to the Council of Malay Rulers and the Yang diPertuan Agong.

There are now at least THREE PETITIONS/LETTERS heading towards the Palace appealing for royal intervention.

1. Petition to the Agong, coordinated by Haris Ibrahim of People's Parliament. READ HERE

2. Petition to the Agong, coordinated by Raja Petra Kamarudin of Malaysia-Today. READ HERE

3. Letter to the Agong from the President of KeAdilan (Read below)

DR WAN AZIZAH WAN ISMAIL
Presiden Parti Keadilan Rakyat
Merangkap Ahli Parlimen Permatang Pauh
No 17, Jalan 16/2, Sekyen 16, Petaling Jaya 46350 Selangor.
Telefon: 03-79566444
Faks: 03-79565444
Website: www.keadilanrakyat.org
Email: wawi9@yahoo.com

Duli Yang Maha Mulia Al-Wathiqu Billah Tuanku Mizan Zainal Abidin Ibni Al-Marhum Sultan Mahmud Al-Muktafi Billah Shah
Seri Paduka Baginda Yang Dipertuan Agong
Istana Negara
Kuala Lumpur

28 September 2007

PENUBUHAN SURUHANJAYA DIRAJA BAGI MEMBERSIHKAN IMEJ SISTEM KEHAKIMAN

Ampun Tuanku,

Didoakan semoga DYMM Tuanku bersama DYMM Tuanku Permaisuri sentiasa di dalam lindungan dan rahmat Allah s.w.t.

Merujuk perkara diatas, sayugia dirafa’kan sembah bahawa pada minggu lepas Datuk Seri Anwar Ibrahim telah pun mendedahkan sebuah video rakaman perbualan telefon antara peguam VK Lingam dengan Ketua Hakim Negara Tun Ahmad Fairuz Abdul Halim. Video yang dirakam sekitar tahun 2002 ini mendedahkan wujud konspirasi dari pihak-pihak tertentu untuk melantik hakim-hakim yang dapat menjamin keputusan penghakiman yang selari dengan keinginan politik. Antara lain, nama-nama seperti Tan Sri Vincent Tan dan Tengku Adnan Tengku Mansor disebut telah menaja usaha ini.

Maklumat ini mengesahkan kebimbangan sejak pemecatan Ketua Hakim Negara Tun Salleh Abbas pada tahun 1988 dan kenyataan bekas Ketua Hakim Negara Allahyarham Tun Mohammed Suffian pada tahun 2000 apabila beliau menyatakan bahawa beliau tidak bersedia berdepan dengan hakim sekarang apatah sekiranya beliau tidak bersalah.

Hujah ini diperkuat oleh tulisan Ke Bawah Duli Tuanku Raja Azlan Shah pada 2004 yang melahirkan kebimbangan terhadap terhakisnya keyakinan rakyat terhadap institusi kehakiman. Baginda juga menyesali bahawa mahkamah telah diperalatkan untuk memutuskan dengan sewenang-wenangnya bahawa “peranan oleh DYMM Raja-Raja Melayu” merupakan satu prosedur ringan semata-mata.

Imej institusi kehakiman negara kita yang sudah pun tercalar begitu lama sudah tentulah binasa sama sekali. Kes ini berkaitan dengan begitu banyak isu-isu membabitkan institusi kehakiman selama ini, termasuklah:

a) Insiden pemecatan Ketua Hakim Negara Tun Salleh Abas dan Hakim-Hakim Mahkamah Persekutuan Tan Sri Wan Suleman dan Datuk George Seah

b) Semua keputusan membabitkan kes Datuk Seri Anwar Ibrahim

c) Kes Wee Chee Keong

d) Kes Lim Guan Eng

Daulat Tuanku,

Berdasarkan keterangan tersebut, patik memohon agar DYMM Tuanku memperkenan membentuk sebuah Suruhanjaya DiRaja dibawah Akta Suruhanjaya Siasatan 1950. Suruhanjaya tersebut seharusnya diberi kuasa meneliti bukan sahaja kesahihan video tersebut, tetapi juga dakwaan yang dibuat di dalam video tersebut mengenai perlantikan hakim dan amalan rasuah di dalam institusi kehakiman. Hanya sebuah Suruhanjaya DiRaja yang melapor terus ke DYMM Tuanku dan mempunyai kuasa memanggil dan melindungi saksi dapat memulihkan keyakinan rakyat Malaysia terhadap institusi kehakiman negara.

Pihak patik bersedia sekiranya DYMM Tuanku berkenan bertemu dengan pihak patik untuk membincangkan perkara ini dengan lebih mendalam. Di dalam keadaan di mana maruah institusi kehakiman dan kerajaan kini sudah berada di dalam keadaan yang amat dasyat, DYMM Tuankulah yang dapat memainkan peranan yang adil dan saksama untuk mencari penyelesaian terhadap perkara ini bagi kebaikan seluruh rakyat Malaysia. Kuasa untuk menyelamatkan maruah negara kini berada di tangan DYMM Tuanku.

Patik mohon ampun dan maaf di atas segala kekurangan, dan menjunjung kasih di atas kesudian DYMM Tuanku menerima warkah ini.

Ampun Tuanku,

t.t.

Dr. Wan Azizah Wan Ismail
Ahli Parlimen Permatang Pauh
Presiden Parti Keadilan Rakyat

Nazri Says There is NO Crisis, NO Problems and NO Scandal

WHAT AN IDIOT !!
and a Minister, to boot

MONKEYING AROUND WITH FACTS ON THE GROUND

"No crisis, no problems. I don't see any scandal."

.
Mohd. Nazri Aziz
Minister in the Prime Minister's Department

"No Crisis, No Problems and No Scandal"

Excerpts: Read here for more on Malaysiakini and here

An Out-of-Touch Government

Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz said there is NO crisis in the judiciary and neither is there any scandal involved.

And he blamed the opposition for creating the scandal in order to erode public confidence in the judiciary.

“No crisis, no problems. I don't see any scandal. These are all efforts by the opposition to create distrust and erode public confidence in the judiciary,” he added.

Lawyers said, "Yes, there is a crisis, minister” , in response to de facto law minister Mohd Nazri Abdul Aziz’s statement yesterday that there is no crisis in the judiciary nor any scandal involved in the controversial VK Lingam tape.

Malaysiakini spoke to lawyers and an academician who unanimously agreed that the crisis is beyond just the video clip and the minister should not be making such statements. Read here for more

CLICK HERE FOR MORE PHOTOS OF THE "WALK FOR JUSTICE"

Protecting the "Untouchables": This Photo Says It All

Protecting the Elected and Unelected "Untouchables"
from Members of the Malaysian Bar
Riot police armed with batons and shields shadowed the (lawyers') march, which organisers described as the biggest protest ever staged by lawyers, as it moved toward the entrance of the prime minister's office, which was guarded by a water cannon.

Seven buses chartered by Bar Council were barred from entering Putrajaya and caused the delay to the peaceful march this morning.

Bar Council chairperson Ambiga Sreenevasan described the heavy security during the protest, including the presence of anti-riot police and a police helicopter, as "an act of intimidation".

Some 2,000 protesters, comprising of lawyers, civil society members and the public, having earlier defied a police order not to march to the office, waited patiently outside for their representatives to hand over the documents, braving heavy rain which started about 12.45pm.

After police stopped buses ferrying the protesters to Putrajaya, some 200 occupants got off and walked to the Palace of Justice.Bar Council human rights committee deputy head Amer Hamzah Arshad, holding a loud-hailer, led their chants as they walked:

Who are we? Malaysian Bar!
What do we want? Justice!
We're doing this for the sake of the country!
Correct! Correct! Correct!

This has been the third walk, also the longest and the biggest, in the Bar's history.

The first was in 1978, while the second was in 1998, when Anwar Ibrahim's defence counsel Zainur Zakaria was cited for contempt of court.

(Image of map courtesy of sobnation blog)

CLICK HERE FOR MORE PICTURES OF THE "WALK FOR JUSTICE"


For more, go to Malaysiakini, Rocky's Bru, Nuraina Samad's Blog, Patrick Yeoh's Blog, Screenshots, Rustam Sani's Blog

Judgment-Fixing and Influence Peddling in the Judiciary: The Evidence Stacks Up

From Malaysiakini: Read here the Editorial, "Will We Miss the Boat Again?" by Steven Gan

Malaysian Unplug says:

" We humbly appeal to His Highnesses in the Council of Malay Rulers not to stand by any more and allow the continuing deterioration in the rot of the sacred institution of the Malaysian Judiciary, caused primarily by the lack of courage of this Government to bring this long-standing problem facing the nation to a closure."

Quote:

" Featured (in the video clip) was (Lingam's) well-connected tycoon friend, (Vincent) Tan. By 2002, Chief Justice Eusoff Chin had already retired. His protégé, Ahmad Fairuz Sheikh Abdul Halim, is embroiled in this scandal. Playing the supporting role is Tengku Adnan Tengku Mansor, a junior minister but a trusted aide of then prime minister Dr Mahathir Mohamad.

Together they were the UNTOUCHABLES - the Masters of the Malaysian Universe, so to speak.

Apparently, THEY STILL ARE.

Almost a generation has suffered because of our 'tidak apa' attitude to the judicial crisis.

Here's another chance for us to make amends.
- Malaysiakini Editorial (Sept. 25, 2007)

Excerpts of the Malaysiakini Editorial : Read here for more in Malaysiakini

"... It's been 20 years since (Tun) Salleh Abbas and two other top judges were unceremoniously sacked. Three others were suspended but later reinstated.

That episode was a watershed in our judiciary, kicking off a dark era where justice goes to the highest bidders and litigants can choose the judge before whom they wish to appear.

Almost a generation has suffered because of our ‘tidak apa’ attitude to the judicial crisis.

(In 1994), influential lawyer VK Lingam was representing tycoon Vincent Tan in a law suit against veteran journalist MGG Pillai, whose appeal in the Federal Court, the country's highest bench, was heard by a three-member panel headed by Eusoff Chin himself.

Pillai was sued by Tan and Lingam for the temerity to suggest that the duo have an inside track with the judiciary. The court had ordered him (Pillai) to pay RM2 million in damages.

Others slapped with (similar) defamation suits included top lawyers Tommy Thomas and Param Cumaraswamy, the former United Nations special rapporteur on the independence of judges and lawyers.

Also hit was Asian Wall Street Journal’s Raphael Pura. In his defence, Pura alleged that the High Court judgment on the Pillai case was in part written by Lingam himself. He had evidence to prove it, but this was thrown out of court in double-quick time.

The late Pillai must have felt vindicated by the latest expose. One can almost see Pillai - who eventually did not pay a single sen to Tan - smirking from where ever he is today.

Seven years ago we thought we had him (lawyer Lingam).

The Holiday Photos

The evidence was incontrovertible.

There were photos of him (Lingam) and the then-Chief Justice Eusoff Chin, looking very much like two buddies having a fun time on a pleasure boat in Lake Wakatipu (New Zealand). But the 1994 photos alone, which have been posted on the Internet for many years, were not good enough. After all, the two claimed to have innocently 'bumped' into each other while on holiday.

So we produced more evidence - this time showing that the two flew on the same flight during their week-long trip, first to Auckland then Christchurch. And it wasn’t just being on the same plane, both were either in business or first class.

Earlier Calls for a Royal Commission

When Malaysiakini ran the story in 2000, there were repeated calls for a royal commission to probe the matter. The Bar Council sought an emergency general meeting but it was barred from holding it after a court injunction.

Meanwhile, Opposition Leader Lim Kit Siang demanded a special session of the Parliament to discuss the controversy.

The Same Cast of Characters

The (same) cast of characters were involved in last week’s disclosure of the grainy eight-minute video showing Lingam brokering the appointments of top judicial men. Also featured in the grainy eight-minute video was his well-connected tycoon friend, (Vincent) Tan.

By 2002 - the year the video was taken - Eusoff had already retired.

It was his protégé, Ahmad Fairuz Sheikh Abdul Halim, who is embroiled in this scandal.

Playing the supporting role is Tengku Adnan Tengku Mansor, a junior minister but a trusted aide of then prime minister Dr Mahathir Mohamad.

Together they were the untouchables - the masters of the Malaysian universe, so to speak. Apparently, they still are.

Ayer Molek Dispute

Lingam was involved in the Ayer Molek company share dispute, where he manipulated the court system in such a way that the case went before a 'friendly' High Court judge. Not surprisingly, he won.

However, the Court of Appeal later described the lower court decision as ‘an injustice’ and ticked off Lingam, who was representing one of the parties in the complex commercial dispute, for being ‘unethical’, and accused him of bringing the administration of justice into disrepute.

The plot thickened when the case went up to Federal Court. The three-member panel which heard the appeal was headed by none other than Lingam’s holiday buddy, Eusoff.

To pad the numbers, Eusoff included a High Court judge on the panel. This was unconstitutional as the judge was not qualified to sit on the Federal Court bench.

Predictably, Eusoff and his colleagues OVER-RULED the Appellate court, ordered the comments against Lingam be expunged and berated the Court of Appeal judges for bringing the administration of justice into, yes, disrepute.

Govt's Untenable Response to the Video Clipping

The government took pains to cast aspersions on the authenticity of the video.

And while a few grudgingly concede that the video may not be 'doctored', still, you can't really prove who was at the other end of the line, can you?

But that should be a cake walk for the police. All they need to do is to obtain the telephone records of both Lingam and Ahmad Fairuz to see if any number matches.

Simple really.

Another Call for a Royal Commission

The 13,500-strong Bar Council has called for a full-blown royal commission to examine the rot in the judiciary since the sacking of chief justice Salleh Abas in 1988.

Rightly so, the investigation must begin with the Salleh episode and go beyond it.

There were other equally serious cases which ought to be re-opened

the Ayer Molek controversy,

the 'poison pen' letter by former High Court judge Syed Ahmad Idid,

the case involving then High Court judge Muhammad Kamil, who publicly admitted getting telephone directives from Eusoff over an election petition, and

the trials of ex-deputy premier Anwar Ibrahim - the man who revealed the Lingam tape.

Clearly, the three-member independent panel announced by Deputy Prime Minister Najib Abdul Razak today - and restricting the probe to examining the authenticity of the Lingam tape - falls way TOO SHORT.

(NOTE: Read here Commentary on the composition of the 3-member panel.

" One senior lawyer said the three personalities to the composition of the panel are NOT acceptable. They are Tan Sri Haidar Mohd Noor, Tan Sri Lee Lam Thye and Datuk Mahadev Shankar. He said: 'Haidar was involved in the 1988 Judicial Crisis. Lee (Lam Thye) has no legal training. Shankar served under Tun Eusoff Chin, and also in the Royal Commission of Inquiry on the black-eye incident involving the former Deputy Prime Minister, Datuk Seri Anwar Ibrahim which only implicated the then Inspector General of Police, but took no action against police officers who were present at the time the former IGP Ramli assaulted Anwar.' " )

An inquiry of this magnitude requires nothing LESS than a Royal Commission.

We have missed the boat - not once but twice. Indeed, for the sake of the country, we cannot afford to blow this one chance. Only then will our country ‘come out well’ but probably not the way Lingam had intended it to when he made the remark.

Here’s another chance for us to make amends."

The "March to Save the Judiciary" is ON as Planned.

Read here on Malaysian Bar Council website

Click HERE on transport arrangement details and how to join the March with members of the Bar

Read BELOW earlier postings:

• Minister Nazri's Reaction: A Case of a Government Elected AGAINST, and NOT FOR, the PEOPLE
  
  
• Reclaiming the Judiciary FOR the RAKYAT: Malaysian Bar Council Walks the Talk
  
  
• The Malaysian Bar Council Should NOT Be Weak-Kneed To Stem the Rot in the Judiciary
  
  
• ''The Judgment Fixing Scandal' - Malaysian Bar Council MUST Now Act DECISIVELY to Stem the Judicial Rot
  
  
• Judgment Fixing Scandal: The Farcical and Irresponsible Reaction of Attorney General Abdul Gani Patail
  
  
• The Prime Minister MUST Invoke Article 125 of the Constitution to Suspend Chief Justice Ahmad Fairuz or Asked to Resign
  
  
• EXPOSED!! Caught on Tape, Chief Justice Ahmad Fairuz and a Lawyer Engaged in "FIXING " Judgments

The Bar Council President, Ambiga Sreenevasan, reiterated today the march for justice will go on as planned tomorrow, notwithstanding the report that the government has set up an independent panel to determine the authenticity of the video recording.

"This falls short of the Bar's call for an investigation by a Royal Commission not only of the recording but of larger issues affecting the state of the administration of justice in Malaysia", said Ambiga.

One senior lawyer said the three personalities to the composition of the panel are NOT acceptable. They are Tan Sri Haidar Mohd Noor, Tan Sri Lee Lam Thye and Datuk Mahadev Shankar. He said:

"Haidar was involved in the 1988 Judicial Crisis.

Lee has no legal training.

Shankar served under Tun Eusoff Chin, and also in the Royal Commission of Inquiry on the black-eye incident involving the former Deputy Prime Minister, Datuk Seri Anwar Ibrahim which only implicated the then Inspector General of Police, but took no action against police officers who were present at the time the former IGP Ramli assaulted Anwar."

We call on all members to join us in the walk in solidarity, and to send a serious message that improvements to the judicial system have been long overdue including the establishment of an independent appointments and promotion commission.


Ahirudin Attan posted the following on his Rocky's Bru Blog

".. Edmund Bon of the Bar Council has a message for you:

' The walk tomorrow is a peaceful stroll to the PM's Office. Everything humanly possible is being done and has been done over the couple of days to ensure this.

The Cabinet has been informed that we are doing this, and handing over a memorandum and a representative will be expecting us.

The walk is importantly:

1. a show of solidarity of the Bar and civil society's positions on the issue
   
   
2. to send a message that we are serious about wanting a clean up of the Judiciary including by
   
   
3. calling for an independent appointments and promotion commission
   
   
4. calling for a royal commission to enquire into the recording and the state of the administration of justice in Malaysia.
   
   A Star sms has been received about DPM announcing the establishment of a panel to investigate the authenticity of the clip.
   
   This does not change anything about the walk. We are still proceeding to walk because the issues we are advocating are not limited to the recording alone but with much larger issues as described above.
   
   And would such a decision by the Govt for a panel be set up have been made without the continuous pressure from us and civil society which includes calling for this walk, more so after PM said there would be no royal commission?
   
   Believe in the power we all have in making change, and believe in ourselves.
   
   We CANNOT be afraid to walk, we CANNOT look lowly on ourselves, we CANNOT give up our country to people who do not deserve to run it.
   
   SO PLEASE JOIN THE WALK!
   
   Warm regards
   
   EDMUND BON'

Minister Nazri's Reaction: A Case of a Government Elected AGAINST, and NOT FOR, the PEOPLE

Update: The BUSES will in fact take off from Dataran Merdeka, NOT from the Bar Secretariat. If you were intending to hop onto one of the buses, please note this change and that it will be on a first come-first served basis.

Read HERE earlier posting: "Reclaiming the Judiciary FOR the RAKYAT: Malaysian Bar Council Walks the Talk "

Malaysian Unplug says:

"The Judiciary has been held captive by the Executive far too long. It is untenable and simply unacceptable by any account.

It is time for the Legal Profession and the Rakyat to FREE the Judiciary from the Executive, in order for Democracy to continue to survive, as it should be, in our country.

And the time is NOW !"

Quote:

".. The Bar (i.e. lawyers) is going on a peaceful march to try and save the judiciary, and ultimately the nation.

(And) Minister Nazri Aziz is aghast that the Bar would "stoop so low" and "lower their standard".

This it seems is some kind of grievous fault.

Only scoundrels and ruffians like Mahatma Gandhi or Martin Luther King or those Burmese monks up north would resort to something so low as to march peacefully for a good cause.

And we (Lawyers) have now joined the ranks of such cutthroats and villains.

I sincerely hope that everyone is suitably grateful to the Minister for making us aware of our abominable behaviour.

I fully expect MEMBERS of the Bar to pay scant attention to him and turn up in FULL force at the Palace of Justice come Wednesday morning. And to MARCH! .." Read here for more
-N. Surendran a/l K. Nagarajan

Minister in Prime Minister's Department, Mohd. Nazri Aziz branded the Bar Council’s plan to hold a march on Wednesday to press for investigation into the scandal as an attempt to display ‘hostility’ and as support of the opposition.

“Lawyers are officials of the court, they have a place in the society. They shouldn’t behave like the opposition.

If they want to stoop so low and go there like (an) opposition demonstration, certainly they will lose my respect because I have been having a very good relationship with the Bar.

Why do they want to lower their standard, unless they want to show they are hostile (to the government) and (that they) support the opposition.” argued the clearly annoyed minister.

Saying that the Bar should remain an independent body, he equated LAWYERS joining the march to the conduct of opposition politicians Lim Kit Siang and Anwar.

Read here more on Malaysiakini

Response from the Bar Council:

" The Malaysian Bar stands up for JUSTICE. It is non-partisan and only issue orientated.

Justice is for ALL people, regardless of political persuasions.

The PRESENT situation is a matter of justice, NOT politics.

The expression of views, seemingly contrary to the Government’s position, may be wrongly labeled as “a display of hostility” in autocratic countries. In truth (and in the free world) it is called DEMOCRACY.

An open and collective expression of views and sentiments has long ceased to be an “improper manner of response”.

In any event, how can our call for the strengthening of the Judiciary ever be only the position of opposition parties, when surely it must be the government’s stand too.

This call arises out of our belief that the independence of the Judiciary is the highest ideal that we must cherish and be prepared to stand up for. "

Ambiga Sreenevasan
President, Malaysian Bar Council

COMMENTARY

From N. Surendran a/l K. Nagarajan. Read here for more on Malaysian Bar Council Website

The Bar should turn up in FULL force to march :

"..WE are the object of Ministerial disapproval.

Law Minister Nazri Aziz is aghast that the Bar would " stoop so low " and " lower their standard".

This is because the Bar is going on a peaceful march to try and save the judiciary, and ultimately the nation. This it seems is some kind of grievous fault.

Only scoundrels and ruffians like Mahatma Gandhi or Martin Luther King or those Burmese monks up north would resort to something so low as to march peacefully for a good cause.

And WE have now joined the ranks of such cut-throats and villains.

I sincerely hope that everyone is suitably grateful to the Minister for making us aware of our abominable behaviour.

We are now expected to keep our troublesome opinions to ourselves and not march about everywhere speaking plain truths. In short, DO NOTHING , and leave the preservation of the judiciary as an independent and corruption-free institution to the authorities.

And why not? Just look what a brilliant job they have made of it over the past two decades.

Instead of doing such a contemptible thing as marching for justice, perhaps we should emulate Minister Nazri. Here are some of his more noteworthy deeds:

• threatening action against the person who released the video clip to the nation;

• having an improper conversation with the head of the judiciary;

• threatening bloggers with the ISA;

• telling the Chairman of the PAC to "shut up" over the Port Klang Free Zone issue; and

• being part of a political coalition and government that perpetuates communal politics in order to stay in power.

Such are some of the accomplishments of this man for all seasons. I could go on with his praises but it would be tedious to do so, and I don't want to be accused of trying to ingratiate myself with him.

I fully expect members of the Bar to pay scant attention to him and turn up in full force at the Palace of Justice come Wednesday morning. And to MARCH! "

From Stephen Tan Ban Cheng: Read here for more

"....It is highly irresponsible for the Minister, or any Minister worth his salt in any democratic country, for that matter, to equate or even to merely attempt to relegate the Malaysian Bar to the ranks of the Opposition.

With respect, as Minister Nazri is also a lawyer, he should know that the Malaysian Bar is a self-regulating professional body established by statute by our Founding Fathers since Merdeka in 1957 to pursue justice without fear or favour...."

From "adihamka" : Read here for more

"... Sistem kehakiman adalah bebas daripada pengaruh eksekutif dan legislatif. Dalam erti kata lain, dalam konteks Malaysia Ketua Hakim Negara mempunyai autonomi untuk menjalankan tugas beliau dan tidak bertanggungjawab kepada mana-mana pihak melainkan Yang DiPertuan Agong.

Justeru apa gerangan Menteri ini mengatakan bahawa beliau bertanggungjawab kerana ’saya adalah menteri yang menjaga hal ehwal mengenai perundangan?’

Tidakkah ini memberikan gambaran jelas, bahawa memang wujud campurtangan eksekutif di dalam sistem kehakiman Malaysia? Apakah doktrin ini hanya sekadar bunga penyeri di dalam Perlembagaan Persekutuan, bukan untuk amalan di bawah indikator demokrasi berparlimen?

Saya belum sampai tahap tergamak mengatakan bahawa menteri ini tidak faham asas doktrin ini, tetapi saya terus tertanya-tanya, salahkah apa yang saya belajar dahulu?.."

From Khoo Khay Peng: Read here for more

".... De facto law minister Mohd Nazri Abdul Aziz said he issued a denial on behalf of the chief justice in relation to the explosive ‘Lingam tape’ revelations because “I am his minister”.

Once again, Nazri demonstrated his lack of respect for the practice of separation of power in a democratic country.

How can an executive claims to be the 'boss' of the chief justice who helms the judiciary, a distinct branch of the country?

Nazri's statement does more harm to Ahmad Fairuz, the chief judge, rather than helping him.

First, it is now confirmed that Ahmad Fairuz is not free from the influnce of the executive branch. Nazri, a cabinet minister, has claimed that he is 'his minister'.

Second, Ahmad is acting in a irresponsible manner in not answering directly to the public.

Lawyer and immediate past president of Bar Council, Yeo Yang Poh, in a chinese language talk show opined that the chief justice should immediately file a police report and respond to the media if he is not involved in the purported video showing VK Lingam talking to a 'senior judge' on fixing judicial appointments.

Like many have said, nothing less than a royal commission will do.

This controversy is beyond Nazri.

Malaysians must remind the Minister to act CONSTITUTIONALLY."

From Ragunath Kesavan: Read here for more

"... We need YOUR support for the march tomorrow, 26 September 2007.

Our presence in large and significant numbers is ultimately what counts if we want reform and positive change in the judiciary.

The time for affirmative action is now.

It is not the actions of the Bar Council that will bring forth change.

We need YOU, the Malaysian Bar, to speak out for the changes within the judiciary.

A strong and large presence at the march would surely underscore the commitment and support for judicial reform, much more than any number of members attending any General Meeting of the Bar.

For too long, we have suffered the shortcomings of our judiciary. There have been enough allegations of abuses and manipulations and the time to act is now.

There are many WITHIN the judiciary who work hard with conviction and independence to maintain judicial propriety. We support you.

The corrupt and incorrigible face the wrath of the Malaysian Bar!

We have over the years cajoled, talked to and impressed upon the powers that be for the need to reform the judiciary but to no avail.

If there is one significant defining moment for change and reform in the judiciary, it could be 26 September 2007.

Let us all walk the talk."

From Wong Chun Wai: Read here for more

"... The (Bar Council members) protest march, if it takes place, is unprecedented, because the last time such a gathering took place was in the late 1980s, when the Bar protested against then Prime Minister Tun Dr Mahathir Mohamad over the Official Secrets Act and other laws.

The controversy has also become louder because the lawyer concerned has not issued any denial.

Now, that his name has been widely circulated and implicated, he should come out to give an explanation.

We shouldn’t shift the goal post – because the issue at hand is the INTEGRITY and CREDIBILITY of the Judiciary, which is an important branch in the concept of separation of powers in a democracy.

The Judiciary serves as a check and balance to allow DEMOCRACY to function effectively.

It also serves as an important avenue for the people to seek justice, including seeking redress from the Executive.

Democratic countries with established judicial systems are more attractive to investors because businessmen have confidence they could rely on the courts if they have problems, compared to authoritarian or theocratic countries.

It is important that we protect the image of our judiciary.

There should not be any perception that the system can be tampered or worse still, bought, because it would not just dent its credibility but erode it.

The WORLD, not just Malaysians, is watching how the authorities handle this episode..."

From Saidul A Shaari. Read here for more

"... Yesterday, the President of our Malaysian Bar Council gave her response to Dato’ Seri Mohamed Nazri Abdul Aziz’s comment on the Lingam Tape saga.

Indeed you have chosen your words wisely, Madam President.

As a Muslim, I am touched by your bold stand on the Lingam Tape saga. You have displayed an honorable character and attribute that many Malaysian Muslims today were found lacking.

I’m truly touched, Madam President.

Please do whatever you can to save (maybe rescue would be the right word) our judiciary from the clutches of politics, power and money.

I am sure that you would have full support from all Malaysians in confronting the powers that be in your fight to uphold justice for all people.

Carry on, Madam President!..."

From Nizam Bashir: Read here for more on Poetic Justice Blog

"... A number of narratives have arisen as to the Bar’s initiative:

• that the Bar was in essence a stooge of the opposition parties. Frankly, delirium may have played a large part in the concoction of that narrative and its irrational premise curried no favour with the President of the Bar Council.
  
  
• (that) questions the very need to march and demand the setting up of a Royal Commission of inquiry. There are a number of cardinal reasons warranting the setting up such a Royal Commission.

Ultimately, the Bar is walking the walk to eradicate political interference in the Judiciary. And if such an act is seen as a threat to the present political order, our politicians have clearly missed the point.

If the Bar’s actions culminates in the setting up of a Judicial Commission, it is intended to concretize the notion of separation of powers and the rule of law. Suggesting otherwise is again missing the point.

The long and short of it is, when one affirms the rule of law, one actually affirms the legitimate exercise of the Governmental and Judicial authority.

By extension, if objections arise it rightly should only emanate from unscrupulous politicians or judges - admittedly lacking the requisite Napoleonic attire - but certainly possessing the intent (mens rea ,if you must) of not subjecting the illegitimate exercise of their authority to appropriate scrutiny.

And if a by-product of the walk results in curtailing the activities of such Napoleons then I think we should all be there on the 26th of this month to help the Judiciary get back on its feet.

It has been on its knees long enough."

From "Dogpile": Read here for more

"... Now we know for sure the Judiciary has NO integrity and NO credibility.

The ruling government has NO understanding of the concept of separation of powers in a democracy. (And) Judicial independence is only a myth, nothing more.

Nazri branded the Bar Council’s plan to hold a march on Wednesday to press for investigation into the scandal as an attempt to display ‘hostility’ and as support of the Opposition.

Why is it that everytime someone opposes a government project or opens up a scandal related to the government and UMNO, the person is seen as a supporter of the Opposition?

Is Nazri stupid enough to believe this himself?

Why can't scandals be exposed for the sake of justice and decency?

Frankly, I am really tired of this fella's crap.

He should be sacked for being a disgrace to the government and the people of the beautiful country who deserve more from its leaders. We are getting very tired of your big bully antics.

I don't know if the Minister in the Prime Minister's Department knows that the rakyat really doesn't care whether he approves of its choice of action.

The rakyat is after all his boss.

And as his boss, the Rakyat does not need the Minister in the Prime Minister's Department's approval to do the march.

I am glad that the Bar Council finally decides to do the right thing! It takes a lot of guts and conscience to be able to do this.

Nazri (should) wake up to the reality that it is also in the government's interest that the integrity of the judiciary is restored.

Or is it?

Reclaiming the Judiciary FOR the RAKYAT: Malaysian Bar Council Walks the Talk

Quote:

We have gone from one crisis to another since the 1988 judicial crisis.

It is time to confront FULLY and COMPLETELY ALL the issues that have arisen since then.

For too long we have watched the confidence in the Judiciary wane.

For too long we have watched the judicial appointment process become unfathomable and shrouded in secrecy.

For too long we have heard criticism after criticism about the Judiciary.

For too long we have cried out for reform, but the authorities have not heeded our pleas.

1. We have a duty to the public to act.
   
   
2. We have a duty to the many good, honest and hardworking judges, to act.
   
   
3. We have a duty to the institution of the Judiciary to act.
   
   
4. We have a duty to ourselves as Malaysians, and to civilised society, to say loudly that: Enough is Enough.
   
   - President, Malaysian Bar Council

UPDATE:

Chief Justice Ahmad Fairuz Sheikh Abdul Halim has denied as being the person at the end of a telephone conversation with prominent lawyer VK Lingam to broker the appointment of judges.

This was revealed by Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz last night, who said that Ahmad Fairuz had contacted him to issue the denial.Read here for more

MUST READ: PRESS STATEMENT from ALIRAN, "Why is the Chief Justice whispering to Nazri?" Read here

"Ahmad Fairuz owes an explanation to the nation. He is duty-bound to clear his name and uphold the integrity of the judiciary.

Instead of doing this, he quietly rings up Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz to deny that that he was “the person at the end of a telephone conversation with prominent lawyer V K Lingam”.

Why can’t he speak directly to the people who are devastated by the Lingam tapes. Why does he need a third party? Why does he need a messenger to convey this bit of news?. Read here for more

MP Lim Kit Siang is convinced that VK Lingam was chatting with Chief Justice Ahmad Fairuz Sheikh Abdul Halim in the latest video scandal to rock the nation. In a press statement , the veteran politician listed out several reasons for this conclusion. Read here for more

Excerpts: Read here for more

The Bar Council today unanimously decided:

1. To submit a memorandum to the Prime Minister and the Malaysian Cabinet next Wednesday, September 26 for the setting up of a royal commission to investigate the video clip.
   
   
2. To convene an extraordinary general meeting of the Malaysian Bar at 3pm on Saturday, October 6 at the Legend Hotel here.

The Bar Council calls on EVERY member of the Bar to join members of the Bar Council in the march from the Palace of Justice in Putrajaya to the Prime Minister's office to hand over the memorandum.

All members of civil society, NGOs and NGIs are welcome to join the lawyers on the steps leading up to the Palace of Justice and to then proceed to the PM’s office.

FIVE buses have been chartered to ferry lawyers and those interested to join in the march from Kuala Lumpur to Putrajaya.

The buses will leave DATARAN MERDEKA Bar secretariat at 9.00 a.m.

Arrangement for the Save the Judiciary March (Sept. 26):

Members are requested to meet at the stairs of the Palace of Justice at 11am on Wednesday.

Buses will also be chartered and will be at the Bar Council Secretariat at 9am that morning.

The attire is Black and White with jacket.

(Map courtesy of sobnation blog)

COMMENTARY

From the President of the Malaysian Bar Council, Mdm. Ambiga Sreenevasan Read here for more

"...Yet again a crisis has emerged in the Judiciary.

The rot and shaken confidence in the Judiciary began with the 1988 Judicial Crisis which involved the suspension of 6 Supreme Court Judges and the subsequent removal of 3 of them including the then Lord President.

Since then numerous other allegations have surfaced which have not been taken seriously.

- For too long we have watched the confidence in the Judiciary wane.

- For too long we have watched the judicial appointment process become unfathomable and shrouded in secrecy.

- For too long we have heard criticism after criticism about the Judiciary.

- For too long we have cried out for reform, but the authorities have not heeded our pleas.

Malaysians cannot afford to stand by and watch any longer. The time has come for us to act decisively.

The videotape raises at least the following questions:

(1) How exactly were the appointments of Judges made at that time and since 1988, and what was the basis?

(2) Were appointments determined by outsiders to the process under the Constitution (involving e.g. businessmen or litigants), and how was this allowed?

(3) Who are the “key players” in the Judiciary referred to in the conversation?

(4) Who were the “soldiers” referred to in the conversation?

(5) Who were in the “other camp” referred to in the conversation?

(6) Who were the people who “fought for us”? Who is “us”? Who are “our friends”?

(7) What was the “private arrangement” referred to in the conversation?

(8) What was the 110% loyalty referring to?

(9) What was the nature of the relationships between the businessman, the lawyers, the politicians and members of the Judiciary?

These and many other questions raised by the video cry out for answers.

It underscores the need for a Judicial Commission.

If there is no truth in the allegations or inferences arising out of the video, then the parties concerned must be vindicated.

If there is truth in the allegations (or in some of them), stern and appropriate action must follow.

Either way, silence, dismissal, lukewarm responses or lack of action are NOT options for the Government.

The response of the Chief Justice on Friday (21 September 2007) that he has no comment in response to the video clip is unacceptable but telling.

It is most disappointing to hear of official responses that seek to divert attention to the whistleblower, and threaten possible action against such person should the allegations turn out to be untrue.

To do so at this stage casts serious doubts on the willingness of the authorities to properly and impartially investigate the matter. It will instead be a case of shooting the messenger.

- We have a duty to the public to act.

- We have a duty to the many good, honest and hardworking judges, to act.

- We have a duty to the institution of the Judiciary to act.

- We have a duty to ourselves as Malaysians, and to civilised society, to say loudly that: enough is enough.

Let us find out what really went on (and goes on) in the Judiciary.

Let us not continue to be in a state of denial. .."

From N. Surendran a/l K. Nagarajan : Read here for more

".. The March on the 26th is a splendid immediate response to the judge-fixing revelations.

This is first-class leadership. This is the kind of action concerned members expect from the Council and office-bearers.

Now there must be no slackening or compromise until the Council's just demands are met. Irrespective of consequences, we must carry on the fight until the judiciary is truly saved.

The Nation expects this of us."

From Haris Ibrahim: Read here for more on People's Parliament

"...The VK Lingam video clip reveals the depths of degradation into which our judiciary has sunk.

Make no mistake, though. The rot set in a long time ago. Well before Fairuz’s time. Because we did not have the courage to stand up to Dr M, Abu Talib and Hamid Omar.

Yes, the rot set in round about 1987-1988.

The Salleh Abas sacking was the start.And it has been downhill ever since.

Do not make the mistake of imagining that there is only one rotten apple in the judicial basket. And do not be mistaken into thinking that the judiciary might be restored merely by removing the rogue judge exposed in the video clip.

Nothing short of a purge will do. Every single cancerous cell that now eats away at the integrity of our judicial system must be removed.

Pak Lah’s government does not have what it takes to set things right.

This task falls on us, the citizens.

Petition to the Agong

The People’s Parliament will be launching a Petition to His Majesty the Yang Dipertuan Agung to urge His Royal Highness to take all steps to clean up the judiciary and to return this constitutional institution back to the rakyat.

It is hoped that this petition will be submitted to His Majesty together with the petition presently being managed by RPK.

This petition is your petition. I will draft it and launch it on your behalf.

I will therefore let you have a say as to its contents.

From now until 10 p.m. tomorrow, you may send your suggestions as to the matters relating to the judiciary that you wish to have brought to the attention of His Majesty to:

thepeoplesparliament@gmail.com

Please keep your suggestions to no more than 50 words. Please also understand that I do not undertake to take on board each and every suggestion sent in.

I will try to have the petition up and ready for adoption on the morning of the march, on 26/9/2007.

The success or otherwise of the march and the petition is in your hands.As is the restoration of the judiciary back to the rakyat.

From Ahirudin bin Attan: Read here on "Rocky's Bru" Blog for more

"...Save the Judiciary March:
If you are a Malaysian and you care about this country's future, please join me this Wednesday, 26th Sept, at 11 am in Putrajaya.

Together, we will march peacefully from the Palace of Justice to the Prime Minister's Department, where we will hand over a memorandum to the PM demanding that his administration stop the rot in our judiciary.

Other Malaysians will march with us.

Buses have been chartered and will leave the Bar Council's secretariat at 9 am to take us to the march.

Those who prefer to make their own way to the Palace of Justice, do so..."

From Stephen Tan Ban Cheng: Read here for more

"... Concerted attempts will continue to be made by certain elements among the powers-that-be to capture the current heated discourse on the explosive expose that has brought the appointment and promotion of Judges into question. Then, they will control and conduct the course of this discourse.

Admittedly, calls have been made by several organisations to set up a Judicial Appointments Commission and review the unceremonious sacking of Tun Salleh Abas as the Lord President in 1988.

These calls have not only fallen on deaf ears, but have also been met with responses they do not deserve.

Any government invites rebellion if it does not respect the very laws on which is predicated its very legitimacy.

From the way the discourse is going, more questions have surfaced than is necessary. For instance, why is the Chief Justice described as "a senior Judge"? And when was the denial given to the Minister?

I find it totally unacceptable that the Chief Justice has suddenly found it fit not to directly deny in public his scandalous role in the video clip.

I find it totally unacceptable that the Chief Justice, no less, has ipso facto breached the Doctrine of the Separation of Powers.

This mode of denial is macabre when it is recalled that the Chief Justice had only recently reflected a certain level of articulation in his ill-conceived call for the replacement of the Common Law.

I am confident that the Chief Justice is totally capable of speaking for himself.

If he fails to convince Malaysians that he has done no wrong, then the only honourable course left open for him is to step down in the interest of our nation.

Anything less constitutes a disservice..."

From Lim Sey Wee : Read here for more

"...Will the CJ direct all courts to grant adjournment of court cases on Sept 26 if so requested by lawyers intending to take part in the march from the Palace of Justice to PM's Office?

I will be there in Putrajaya, making it my first trip to the Palace of Justice..."

From Saidul A Shaari: Read here for more

"... In a rare move, our Malaysian Bar Council yesterday maintained their persistence in having a Royal Commission to look into the judicial-fixing allegation brought forward by the Lingam Tape saga.

Bravo Malaysian Bar Council! Show them that you meant business!

I wonder what Pak Lah and Najib would say to this new development now. Are they going to play down the matter as what they did a few days back?

Let me get this correctly here:

1. We have Raja Petra Kamarudin with his People’s Petition seeking royal intervention from the Malay Rulers on various national issues and concerns,
   
   
2. We also have PAS seeking royal intervention from the Malay Rulers in investigating allegations that had arisen after the Pantai Batu Buruk incident and
   
   
3. A few days back PKR voiced their intention in seeking royal intervention from the Malay Rulers in investigating allegations that had arisen from the Lingam Tape saga too!

This is unprecedented!

Looks like Barisan Nasional has to tango with 3+1 major national outrages at once!..."

From Dipendra A/L Harshad Rai: Read here for more

"... The video clip involving a senior lawyer and allegedly, the Chief Justice has provoked so much outrage and angst among the right thinking members of this honourable profession.

The manner in which the Prime Minister has dealt with the video clip is nothing short of being woeful and cowardly.

The fact that the Chief Justice has, some 4 days after this expose’, only seen fit to say “no comment” when the entire foundation of his appointment starts to crumble, is indicative of the disregard and esteem he has for his role.

Perhaps, it is because he does not have the conscience of a judge but rather found solace in the conscience of serving a different master.

It is time to ask – what do we want now?

Do we want to just stand back and wonder in amazement as corruption destroys us or do we want to stand up see real changes take place?

As lawyers, we are duty bound “to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour” as per section 42 of the legal Profession Act.

Our failure to do so, is not only a departure from the ideals of the legal profession, but really confirms that we are no different from the people portrayed in the video clip.

The bold decision by the Bar Council to submit a memorandum to the Prime Minister and the Malaysian Cabinet on Wednesday for the setting up of a royal commission to investigate the video clip, in addition to holding an extraordinary general meeting (EGM) is a step in the right direction.

The current government must realise that the only way they can come out of this mess “smelling like roses” is to push for the establishment of the independent commission.

But is this really enough?

I feel that a long term solution is to continue pressing for the establishment of an independent commission for the appointment and promotion of judges.

Time and again, the Bar Council, prominent politicians from both spectrums, judges and right thinking members of society have clamoured for the creation an independent commission for the appointment and promotion of judges.

Prior to 1988, the Chief Justice would, after the necessary police vetting, forward a name (after police vetting) to the prime minister. This process also included in the Chief Justice consulting the Bar chairman and other senior Bar members.

The events of 1988 saw the end of this process. Appointment and Promotion of judges were left to basically to the Chief Justice and the Prime Minister.

Never have the fate of so many been decided by so few.

No doubt, only those with the right political patronage and right beliefs were considered as suitable.

Failure to move towards an independent commission would only strengthen the belief that the Executive does not care if the judiciary is besieged with allegations of corruption.

It also means that the Executive condones such blatant disrespect for the law and order.

As the Chinese are fond of saying “a fish rots from the head”, it signals that this country spiralling towards a breakdown of independence, accountability, transparency-all key indicators of a healthy nation.

Why should the integrity of this nation’s judiciary be placed in the hands of the Chief Justice and the Prime Minister?

Enough is enough.

It is time to act decisively, and to tear down the wall of unaccountability, unreliability and dishonesty once and for all..."

From Dr. M. Bakri Musa: Read here for more

"... If Chief Justice Ahmad Fairuz has any sense of personal honor and professional integrity left, he should resign immediately.

If Prime Minister Abdullah has even the slightest responsibility for leadership and moral duty to the citizens, he should not extend the Chief Justice’s contract, due to expire this October.

Wake up, Mr. Prime Minister! The rot is the Malaysian judiciary, not the taping.

Chief Justice Fairuz, taking a leaf from the Prime Minister’s notorious “elegant silence,” issued a terse, “No comment!”

It was neither elegant nor silent; instead it was ugly and spoke volumes.

The quality of the (video clip) recording is such that it is unlikely to be a fake. With today’s forensic capabilities, it would be foolish for anyone to even attempt this. The lawyer concerned was speaking on his cell phone, meaning, there will be the inerasable digital trail. My monthly cell phone bill details my outgoing and incoming calls. Because of the quality, the video could not be shot surreptitiously as with a cell phone a la the earlier “nude ear squat” episode. Besides, such a device was probably unavailable back in 2002.

The rot in the judiciary predates Abdullah. However, he had the opportunity to reverse the trend or at least stem the decline with these new appointments, but as with the massive electoral mandate he received in 2004, he squandered it.

I was stunned that Chief Justice Fairuz, when confronted with the evidence that he had promoted judges who had been delinquent with their written judgments, would write to the Prime Minister instead of handling the issue himself.

Presumably Fairuz was awaiting arahan (directive) from the Prime Minister. So much for his appreciation and understanding of the concept of separation of powers!

That more than anything reflects the caliber of Fairuz. Don’t get me started on the quality of his legal writings and commentaries! "

From "Frank&Honest": Read here for more on Screenshots

"...The last few years have shown to the people one lesson:

That this UMNO-led Govt is becoming NOT a Govt FOR the People.

It is behaving (like) a Govt AGAINST the People.

Instead of responding POSITIVELY to the concerns of the rakyat of complaints of abuse of power and influence, this UMNO-led Govt is diverting attention to condemn, incarcerate and punish citizens who report such abuse of power and influence.

Please WAKE UP PRIME MINISTER, the landslide mandate the voters gave you and UMNO to lead this Govt is to fix the rot, in the public service, in the political institutions, and especially now, in the judiciary.

The nation comes first, not UMNO, not UMNO members, not UMNO cronies or UMNO families and relatives.

Your Ministers are out of touch of the 21st century Malaysia and still dabble in the racial and communal politics of the 1960s and 70s.

It is time for UMNO NOT to abuse the word Bangsa and confuse the rakyat with Race and Nationality.

The Malays today are no more like the Malays of 1960s. They are more educated, more worldly in their views and have the nation first.

We call on the Council of Rulers to help stem this rot and to rein in UMNO's excessive racist politics that is dividing this country to a point of NO return..."

From Rustam Sani: Read here for more on "Suara Rakyat"

".... President of the Bar Council, Ambiga Sreenevasan, is right when she commented that notion of the manipulations of the judiciary has been rife since the “judicial crisis” of 1988 (i.e. the sacking Lord President Salleh Abbas through the conspiratorial initiative of politicians).

I have a number of friends who are prominent members of the legal and judicial fraternity – and it was they who over the years have been instrumental in reinforcing my own perception of the judicial rot.

Over the last few weeks I have had two interactive experiences with friends from the legal fraternity who appear to me to be people very frustrated and disappointed with the state of their profession.

1. The first event was the dinner reception organised by the Singapore High Commission in conjunction with the Singapore National Day at Shangri-La Hotel on August 9, 2007. The event gave me an opportunity to meet and mingle with a number of senior and reputable lawyers in Kuala Lumpur.
   
   I was quite shocked to hear that they almost unanimously believed that the country’s judiciary is experiencing a rot. One of them even went so far as saying that he believes almost all the sitting judges are “cowards and corrupt.” And he was saying it rather loudly and clearly, within hearing range of other guests.
   
   When I inquired another prominent lawyer friend about how his legal practice was doing the answer, I thought, was interesting: “Boleh tahan. But I would have been more comfortable if I could be appointed a Judicial Agent.”
   
   Perhaps noticing the bewilderment in my facial expression, he quickly proceeded to define what a “judicial agent” is: A person who sets up a desk in front a judge’s chamber to offer clients judicial judgments they require for a price, and the agent can collect say 10 percent of that price.
   
   The five or six other lawyers around him laughed heartily and approvingly at the joke.
   
   
2. As the Altantuya murder case being tried at the Shah Alam High Courts, I naturally had to ask these lawyer friends about it. Again, a topic of such importance to the legal profession was dismissed off in a joking manner.
   
   They even offered me a “prediction” of the outcome of the trial, and I was shocked with disbelief. They reminded me about haphazard changes of judges, last minute changes of the prosecution team, and of the claimed “third party” meddling with the appointment and strategies of the defense lawyers.
   
   They also explained to me how the trial is “one of a kind” – one in which both the prosecutor and the defense are on the same side.
   
   The shared concern of both sides, according to the lawyers, is to ensure that the name of a certain powerful politician is not even mentioned in the trial.
   
   “Can you seriously believe that there is no outside interference trying to influence the conduct and the outcome of this trial?” asked one of the prominent lawyers to me. But I did not hazard an answer, realising how ignorant I am about matters of the law and the administration of justice.
   
   
3. Another experience that helped to strengthen my negative perception of the judiciary was my participation as a panelist at the forum on “Democracy and Nation Building” jointly organised by Suaram, Amnesty International and Human Rights Committee of the Bar Council on 6 September 2007.
   
   As the Bar Council was involved, there was quite a number of lawyers in the crowd (easily identifiable by their black suits). The difference this time is that the crop of lawyers are younger (therefore more enthusiastic about issues of human rights and democracy) as compared to the older group I met at the Singapore national day reception.
   
   But the younger ones too seem to show signs of disillusionment and frustration with their profession. As by then the burning issue of the judiciary was the appointment of judges (nobody even seems to remember about the ongoing Altantuya trial any more), I therefore conversed with them on that issue (which had even attracted the involvement of the Rulers).
   
   Again, I was surprised to find out that the otherwise idealistic and socially aware young lawyers had taken an attitude of mocking whatever is taking place in the appointment process – especially in the appointment to a very high judicial position someone whose only experience and qualification was being a legal counsel retained by Umno!
   
   Even from a moral perspective, it seems, that appointment could NOT be justified. One young lawyer was bold enough to say it loudly and clearly at the forum: “The appointment even send the wrong message on the moral qualification for becoming judges – that it’s OK to cheat on your wife and still become a leading judge.”
   
   On the involvement of the Rulers, the young lawyers seem to think that historical experience shows that the Rulers have proven to be not that reliable, although on the issue of arresting the current judicial rot it may be the only and the last constitutional institution that we can hope to rely on.

So by the time the Anwar exposes appeared, I have ceased to be surprised by any new revelation on the rot in judiciary.

I was, nevertheless, still shocked by the clarity of the empirical evidence and on seeing the kind of crass and downright immoral transaction and communication that could take place between a prominent member of the Bar and a leading member of the Bench.

My only hope is that something socially positive could still be generated from the graphic evidence provided by these video and audio exposes – both in term of invoking the constitutional role of the Rulers and inflicting the powerful impact of public opinion – in order to save us all from degenerating further into a full scale legal and constitutional anomie. ..."