Friday, December 14, 2007

Government is taking the first step to clean up the Judiciary

The Royal Commission of Enquiry has been formed last Wednesday (Dec12, 2007) to investigate into the authenticity of the VK Lingam video clip scandal. Every witnesses for the persons named in the video have to come forward to record the statements independently. Even the then Prime Minister Tun Dr Mahathiar Mohamad have to present himself for his statement on the criteria for appointment of judges during his tenure.

 

The five-member Royal Commission is headed by former Chief Judge of Malaya Tan Sri Haidar Mohd Noor. It also comprises former Court of Appeal judge Datuk Mahadev Shankar, former chief judge of Sabah and Sarawak Tan Sri Steve Shim, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh and Suhakam Commissioner Prof Emeritus Datuk Dr Khoo Kay Khim. 

 

PKR adviser Datuk Seri Anwar Ibrahim said "The terms of reference of the Royal Commission unfortunately fall short of a broad mandate to initiate a comprehensive investigation into the crisis facing the judiciary, which was widely demanded by the Bar Council, NGOs, and other institutions of civil society."

 

"Witnesses who heard a senior lawyer brokering the appointment of judges over the phone will come forward and testify before the Royal Commission of Enquiry into a video clip linked to the judiciary" he said yesterday.

Opposition Leader Lim Kit Siang is to move a motion on Monday objecting to the terms of reference for the commission and the appointment of former Chief Judge of Malaya Tan Sri Haidar Mohd Noor as commission chairman. 

"The appointment of Haidar and the restricted terms of reference are disappointing and a great letdown for Malaysians who had looked forward to a new chapter for the judiciary and administration of justice," he told a press conference at the Parliament lobby.  

Lim claimed Haidar was not acceptable or suitable because of his role in the 1988 judicial crisis over the sacking of Tun Salleh Abas as Lord President and two Supreme Court judges, Datuk George Seah and the late Tan Sri Wan Sulaiman Pawanteh.  

The King (Agong) consented to the establishment of the Royal Commission of Enquiry with effect from December 12, 2007.  The commission has three months to complete its work. 

The commission's terms of reference are: 

> To enquire and ascertain the authenticity of the videoclip; 

> To enquire and identify the speaker, the person he was speaking to and the persons mentioned in the conversation; 

> To enquire and ascertain the truth of the content of the conversation; 

> To determine whether any act of misbehaviour has been committed by persons identified or mentioned in the clip; and 

> To recommend appropriate action against those found to have committed any misbehaviour. 

Noting that the commission was established under the Commissions of Enquiry Act, Haidar said that it could subpoena witnesses and take evidence under oath. 

"It is a balanced team", said Minister in the Prime Minister's Department Datuk Seri Nazri Aziz in describing the five members of the Royal Commission of Inquiry into the videoclip of a senior lawyer allegedly brokering the appointment of judges.  "This was so, because one of the members was a woman and two were on the earlier three-man independent panel to verify the authenticity of the clip", he said last Thursday (Dec13, 2007)

It was naïve for Nazri Aziz to assert that the Commission is a balanced team just because it comprises of a woman and two men from the earlier independent panel of inquiry. Where does it make sense? The question posed should be "Is it truly an independent team?" A balanced team means members forming the Commission, are well represented by former Chief Judges from the Federal Court, Court of Appeal, and High Court of Sabah & Sarawak who are free from the involvement of 1988 judiciary crisis. Members should be man or woman of integrity, no conflict of interest, good past conduct and accepted by all parties. A woman member is actually imbalance in the composition, why not 2 women and 3 men in the five-member Commission? But it is more than composition of genders rather than members' integrity.

But the integrity of Haidar is under question because of his previous role in favoring with the government for self interests and personal gains, to sack the former Lord President of Malaya Tun Salleh Abas (TSA). For truly independent Royal Commission of Enquiry, any other former Chief Judges except Haidar can be nominated to be chairman of the Commission. All members of the prior three-man independent panel of inquiry headed by Haidar should be excused themselves when they failed in the bid to produce any result from their investigation.

Now the whole world is watching as how well this Royal Commission of Enquiry will be able to carry out the tasks effectively with the power vested in them to subpoena for any witnesses deem necessary.

 

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