The Malaysian Bar Council Should NOT Be Weak-Kneed To Stem the Rot in the Judiciary

Read here in Malaysiakini and ALIRAN

Read here relate article "Chief Justice Ahmad Fairuz's Role in Triggering the Constitutional Crisis with the Council of Malay Rulers" .

Other related articles, Read HERE and HERE and HERE and HERE

Malaysian Unplug says:

"The Legal Profession has a moral responsibility to the nation to ensure that the sanctity of the Judiciary is not violated in any form and manner by those in power or otherwise".

Quote:

"..... ALIRAN calls upon the Bar Council to SAVE the Judiciary.

The Bar Council should adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity.

We call upon the Bar Council to undertake this great task in the national interest and as a matter of patriotic duty.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life. ..."
- Aliran

"... It would be a farce if all that we (lawyers) do is to just talk and discuss about this matter along the corridors of the court, the ‘warung kopi’ and in meetings and not take any serious action.

It is sad if the Bar Council doesn't take the lead in this matter.

Don't let someone else fight for our cause. We have to stand up and fight for it ourselves. .."
-Amer Hamzah Arshad

Statement by ALIRAN (Read here for more)

" ALIRAN calls upon the Bar Council to save the judiciary.

It is only the Bar Council that can do this. The Council and its members are well placed to play this role effectively and successfully. No one else can purge and cleanse the judiciary.

We call upon the Bar Council to undertake this great task in the national interest and as a matter of patriotic duty.

The Bar Council should call for an Extraordinary General Meeting and adopt a resolution calling for the boycott of the courts until such time when an Independent Commission of Inquiry is set up comprising individuals of impeccable integrity.

The resolution should further direct the members of the Bar Council to shun all those judges who are deemed to have leap-frogged over more senior and deserving serving judges.

It is abundantly clear and established beyond any shadow of doubt – as can be seen through the Lingam tapes - that the promotion and appointment of judges are based on political manipulation and sinister manoeuvring by unscrupulous parties to secure their power base. They have sacrificed justice and have made a mockery of a hallowed institution that was meant to uphold justice and fairness.

This is one occasion which makes it possible to reform and rejuvenate the judiciary and deliver it from the doldrums it has been forced into by unscrupulous and unethical persons garbed in judicial robes.

Uncouth lawyers with their political connections and close associations with discredited judges have tainted the fair name of justice and have brought shame and disrepute to the judiciary.

It is with pride that Aliran remembers members of the Bar in the mould of Raja Aziz Addruse who refused to appear before the Supreme Court presided by Tun Hamid Omar on a matter of principle following the executive assault on the judiciary in 1988.

Hamid played an active role in the dismissal of Tun Salleh Abas and the sacking of Tan Sri Wan Suleiman and Datuk George Seah - the three innocent victims of a political plot. He was shunned like a leper.

That’s the way to treat all the co-plotters who have ruined the judiciary.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life."

Commentary

by Amer Hamzah Arshad

Excerpts: Read here for more

The present issue which we are facing is something that is so serious which warrants some form of immediate and effective action to send a strong message to the public and the world at large.

This begs the question of what else we lawyers can do?

1. Peaceful Demonstration

I, for one, would call upon the members of the Bar to rally together and have a peaceful demonstration at the Palace of Justice and submit a memo to the Chief Justice of Malaya and the Chief Justice of Sabah and Sarawak calling upon them to investigate this matter.

2. Memo to the Agong

We should also march to the Istana Negara and submit a memo to the Yang Di Pertuan Agong and the Malay Rulers calling for a royal commission to investigate this matter.

I know that there may be some lawyers who have reservations about having a peaceful demonstration.

But my question to them is - do we want to have a deathbed regret?

Let's not have 'what if' thoughts when we are on our deathbeds, wondering if there was something else that we could have done other than merely attending the EGM and issuing statement and comments.

It would be a farce if all that we do is to just talk and discuss about this matter along the corridors of the court, the ‘warung kopi’ and in meetings and not take any serious action.

We can joke and laugh about the video and treat it like another episode of the VK Lingam chronicles. We have had these kind of debates numerous times.

We condemn, and we criticise and then we go back to the comfort of our beds and sleep.

Lawyers are good when it comes to preaching about democracy and the right to peaceful assembly. In fact, some of us are willing to even take up a test case for that right.

But why are we so reluctant to have peaceful demonstrations to protest against such travesty ourselves?

It is sad if the Bar Council doesn't take the lead in this matter. Don't let someone else fight for our cause. We have to stand up and fight for it ourselves.

It's either we keep our mouth shut or do something about it (and by doing something I don't mean merely having an EGM or issuing statements).

We have to take action and the time is NOW.