Gomen, Walk 4 Justice, A Royal Commission is what WE WANT
No half measure please, an independent panel to just verify the authenticity of the Lingam Tape is a No No No.
Walk the talk and Walk 4 Justice. Lets have a Royal Commission and a complete look at the state of the Judiciary. Nothing short of such a Royal Commission would breathe proper life and resuscitate the Judiciary. There is so much out there to be set right. What can a gomen appointed 3 member independent panel do? Will it be able to call upon all those mentioned in the Lingam Tapes? Those mentioned include a prominent businessman, a serving cabinet minister, not to mention someone who is in IJN?
Even the independent panel members, according to a senior lawyer, are unacceptable. Check here to find out his reasons for saying so.
Check out Malaysiakini to find views of others who find the independent panel unacceptable.
The gomen must also Walk 4 Justice and have a Royal Commission of Inquiry to investigate the Lingam Tapes as well as the state of the Judiciary. The Rakyat must continue to push for such a Commission and not just accept the gomen present half measure.
PRESS RELEASE: The time has come for us to act decisively
Yet again a crisis has emerged in the Judiciary.
It is universally recognised that a competent, honest and impartial Judiciary free from interference is critical to every society; and that public confidence in the Judiciary, and in its moral authority and integrity is essential to the Judicial process.
As such, any hint of impropriety in the Judiciary, whether in the appointment process or in the disposal of cases, or in the conduct of judges, must be investigated swiftly and in a thorough and transparent manner, so that the public is assured that there is no cover up.
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.
The Bar Council calls upon the Government to immediately appoint a Royal Commission of Inquiry into the incident and into the state of the Judiciary.
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.
Dated: 22nd September, 2007.
Ambiga Sreenevasan President Malaysian Bar
Please Note ::
The WALK for JUSTICE is for ALL MALAYSIANS. ALL MALAYSIANS CAN WALK FOR JUSTICE So BE THERE on WEDNESDAY 26th September
At its EGM today the Bar Council unanimously decided 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 Lingam Tapes.
According to Malaysiakini, members of the MalaysianBar are expected to march a short distance from the Palace of Justice in Putrajaya to the Prime Minister's office to hand in the memorandum. The MalaysianBar is expected to press the PM to set up a royal commission of inquiry to investigate the Lingam Tapes as well as the state of the judiciary.
Bar Council chairperson, Ambiga Sreenevasan, also described the response of the CJ yesterday that he has no comment as reported by Malaysiakini was “unacceptable but telling”. For a more detailed of what the Bar Council chairperson had to say do check out the Malaysiakini news item.
The above banner is featured on the MalaysianBar website but there appears to be an error in it as it appears to say that the 26th of September is a Saturday and not Wednesday as should be. Hope it won't cause confusion.
The Bar Council calls on every member of the Bar to rise to the occasion and 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 at 11am 26th September. Are non-members and other Malaysians allow to join the WALK for JUSTICE?
Call the PM's Bluff, Clamour for a Royal Commission
The PM was dumb with his "elegant silence" but now that he has opened his mouth to comment on the Lingam Tapes, to many he appears dumber. Imagine saying that he is disappointed with the release of the tapes as they have caused a lot of damage to the judiciary. Can mere tapes do that? Isn't he aware of those who have really damaged the good name of our judiciary. Has he just got back from Timbuktu or Perth or where? Just check out these sites :: aliran and MalaysianBar. Is he really not aware of the rot?
The Sun reported that the PM said when asked whether a special commission would be set up to investigate the case (Lingam Tapes), he said: "There is no need for one." Malaysiakini instead reported :: Prime Minister Abdullah Ahmad Badawi today rejected calls for the setting up of a royal commission of inquiry to look into the ‘Lingam video’ controversy.
Royal Commission or Special Commission, it is not really for the PM to decide. Check out Disquiet to find out who is the one who gets to call for a Royal Commission of Inquiry. According to Disquiet ::
A Royal Commission, as it is popularly known, is a commission that is established under the Commissions Of Enquiry Act 1950 (Revised 1973). This Act authorizes the DYMM Yang Dipertuan Agong to, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorizing the Commissioners to enquire into -
* the conduct of any federal officer;
* the conduct or management of any department of the public service of Malaysia;
* the conduct or management of any public institution which is not solely maintained by State funds; or
* any other matter in which an enquiry would, in the opinion of the Yang di-Pertuan Agong, be for the public welfare (other than a matter involving any question relating to the Islamic religion or the Malay custom and/or inquiries for state purposes where Sabah or Sarawak are concerned.
So don't call upon the gomen or the PM to have a Royal Commission of Inquiry set up to investigate the Lingam Tapes and the poisonpen letter. The rakyat should not be so dumb like that dumber one, lets petition and clamour for the DYMM Yang Dipertuan Agong to set up his Royal Commission of Inquiry. Keadilan is obviously going in the right direction. In his press statement when the Lingam Tapes were first revealed, Anwar had concluded by saying ::
In this regard, we make a special appeal to the conference of rulers to continue to play their constitutionally entrenched role in safeguarding the rights of the people by exercising their discretionary powers in all matters within their jurisdiction.
So lets call the PM's bluff and do the right thing.
1. The PM is disappointed with the release of the Malaysiakini labelled Lingam Tapes.
2. The authenticity of the Lingam Tapes have to be confirmed
3. The Lingam Tapes and the issue mentioned isimportant as it has caused a lot of damage to the country's judiciary system
4. The video was released with the aim of getting the people angry with the country's judiciary system
5. If the evidence show what transpired in the video was not the truth, action should be taken against those who released the video, as well as all those who lodged ACA reports
6. There is no need for a special commission to investigate the tapes.
How many would agree with what the PM has to say regarding the Lingam Tapes? i for one am disappointed with the PM. He was dumb when he observed his "elegant silence" but now he appears dumber.
Now we know what direction the PM is heading for. First the DPM said that modern technology can do anything, and can fabricate anything. Now the PM follows up with threats to take actions against those who released the video as well as all those who lodged ACA reports. All these threats even when the tapes have not been proven false or fabricated. And we thought he is a fair gentlemanly PM!
There appears to be an epidemic of the "elegant silence" disease spreading over the land as far as the PM and his BN MPs are concerned. Most of the key figures mentioned in the saucy Lingam Tapes (with the exception of the non-BN chappies) are similarly afflicted by the disease. Great guys like Tun Musa, Zaid, Shahrir, where have they gone to? Certainly wished that MGG was around to fill us in on things but sadly he has gone to a better place, his own BolehLand.
Malaysiakini sent a fax addressed to the CJ’s Putrajaya office yesterday asking for the CJ’s response to the judiciary scandal that was revealed by PKR de facto leader. The CJ also appears to have been struck by the disease for he is said to have responded by faxing “he has no comments”.
Probably a similar response would be obtained if he is asked regarding the poisonpen letter brought to his notice some months ago by a former president of TI. The CJ is certainly one of those silent type, of late. But not so long ago he was heard telling all and sundry that common laws had to go.
We can only suspect that the disease has struck him dumb. Is this a new symptom of the said disease? Only time will tell as more and more are revealed to be afflicted by this new dumbo disease.
The Lingam tapes have got at least more than one MalaysianBar members really riled up and they seem to be saying "Enough is Enough" See Malaysiakini here or the MalaysianBar website, here.
Will the March on the Palace of Justice materialise? How many will join in? Will Malaysians stand up for themselves? Talk is cheap, they say.
If the March on the Palace of Justice materialise, i surely will be there. Will you join us? Brothers and Sisters, Fellow Malaysians, have you had "Enough" of the s...?
No amount of blogging or blog reading or kopitiam koktalking will effect much changes. It is time to walk the talk and March for Change. Someone did say action speaks louder than words at times like these.
The CJ has for the past few days been embroiled in the saucy Lingam Tape affair and now he is the central player in another controversy. It appears that a poisonpen letter had surfaced in July of this year. The honourable CJ was made known about this matter and has maintained the prime ministerish "elegant silence" till today. But then again, his lordship might have been too busy with his pet project of changing common law to syariah law.
But it looks like hectic days are ahead for his lordship, for now accordng to Malaysiakini, 2 former Transparency International Malaysia presidents Param Cumaraswamy and Tunku Abdul Aziz Ibrahim have decided it is time to let the whole world know of this poisonpen letter. They have lodged a report with the ACA.
The poisonpen letter, like the saucy Lingam Tapes, alleges corruption and professional misconduct in the Palace of Justice. We will have to see whether this said poisonpen letter will be revealed in the days to come.
Meanwhile the DPM will be busily getting this letter also subjected to the truth serum and authenticity tests of the gomen. Wonder if he will have much more opportunities to carry out these tests of his. Who knows what may appear next on the horizon for him to test, another photo perhaps.
Why is it that what others see clearly the AG does not?
Malaysiakini reported that PSM’s pro-tem secretary-general S Arutchelvan urged the Malaysian Bar Council to "disassociate in all dealings with Ahmad Fairuz" and also called upon all its members to “boycott all cases involving Ahmad Fairuz."
"We also call for the immediate suspension of Ahmad Fairuz and a tribunal to be set up to investigate him and all other judges associated and appointed by him," said Arutchelvan.
The PSM Sec-Gen must have clearly seen the light or something after viewing the Lingam Tape.
In the same news item, the KL Bar Committee said that it was "shocked and dismayed" by the video. Its committee chairperson R Ravindra Kumar said that the issues raised in the video suggested corruption and blatant executive interference with the judiciary. How could the learned AG and his oficers miss all that?
Meanwhile, the PM has maintained his "elegant silence" and so has the Tun who coined that term. But the DPM has commented, he has reportedly said that the Lingam Tapes will be subjected to the truth and authentication tests by the government. Does he not beieve in the former DPM, they used to be in the same Wawasan team! Anyway authentication can be easily done. When breaking fast yesterday at Puspanita, they had sat next to each other. The DPM could have just asked :: "CJ, ada kah video tape Lingam itu ori kah"? If he didn't then, that was the first missed cheap opportunity but then there will be other similar authentication opportunities in this month of Ramadhan. Hopefully he will make use of them and will not need to go abroad for such authentication to be carried out.
The AG has viewed and viewed the Malaysiakini labelled Lingam tape video and could see no crimnal offence. Has he got s... in his eyes or are they like his ears permanently closed shut!
It looks like Manjeet SD of the MalaysianBar might have good advice for him on the matter at hand.
It looks like the AG needs plenty of help to see through the s... covering his eyes and ears as he obviously cannot see or hear presently. Having covered up over the years, even when dried, at times it takes plenty of washes and days before it drops off.
Shall we all help to allow him to see and hear more clearly? Does he ever take a peek at what is in Malaysiakini? Is he not aware of the clamour for the CJ to step down or the cries of Shame, Shame, Shame. If he is asleep too, can he please wake up.
Today's NST has a great picture of the trio :: PM, DPM and CJ on page 2. They are said to be breaking fast at Puspanita. Can't help wondering what they might have chatted about while waiting to break fast or what might have been on their minds then.
More Sounds of Silence from the AG :: Shocking Conclusion!
The AG and his officers must have been hard at work, viewing and studying the explosive video mentioned by Malaysiakini, in the past many many hours. And like those monkeys who could not see, hear or speak, (lets have a roll of drums here) their learned conclusion :: No criminal offence seen. This is as reported in the NST.
PUTRAJAYA: No criminal offence appears to have been committed in a video recording of a telephone conversation between a well-known lawyer and senior judge allegedly discussing appointments to the Bench, the attorney-general said. Tan Sri Abdul Gani Patail, however, said he was "getting further opinion on the matter and studying other information in the video clip".
Responding to the video released by Parti Keadilan Rakyat adviser Datuk Seri Anwar Ibrahim on Wednesday, Gani said the lawyer was in a monologue over his mobile phone and it was unclear who he was talking to.
"There is no clear reference that he was talking to a top judicial officer," he said.
Anwar made public the video showing the lawyer purportedly saying he would lobby for the judge's elevation. The video was made in 2002. Anwar said the video was handed over recently by a source who wanted to remain anonymous.
Now when the AG said "he was getting further opinion on the matter and studying other information in the video clip"; who could he be referring to? The PM, the prominent lawyer, the man in IJN or ...............???
Wee C K, one of those mentioned in the Lingam Tapes has also come out to comment but not with elegant silence. NST reported him as requesting for a Royal Commission of Inquiry to investigate the said video clip.
The most prominent one who needs to comment has up till now maintained his "elegant silence"!
The mainstream printed media reacted limply to this bomb with inconsequential reports on the 20th.
Where are the main players mentioned in the tapes, apart from Anwar, they all seem to be in Timbuktu.
The AG and his merry men are looking and studying the tapes and reserve comments.
The CJ wants a look at the video before saying anything, it appears without a look at the tape to refresh his RNAs, he is unlikely to remember whether there had ever been this 2002 phone conversation.
The prominent lawyer with the prominent belly is nowhere around for comments. He is purportedly abroad and probably in a place where no modern means of communications are available.
The prominent chinese businessman mentioned also appears to be somewhere incommunicado.
BN MPs especially that tengku mentioned in the tape has also decided not to respond to the mention of his name. What about his other upright colleagues like Zaid and Shahrir? Have they also lost their tongues?
What can one make of the Sounds of Silence from all these characters in the Lingam tapes drama?
What is most important is what that man of TRUTH, TRANSPARENCY and ZERO CORRUPTION, our honourable, upright, religious, PM for all Malaysians has to say about the tapes. Could this guy some call a cardboard cutout PM be still dozing and has no comments to make. Please do not keep us waiting, Sir. Thank you.
LONE's rantings for all interested, COMMENTS/KOPI-0s welcomed. Comments are solely the views of their makers MALAYSIA, a great place to be in, BUT we can, will and must make HER better.
You may say I'm a dreamer but I'm not the only one
I hope someday you'll join us
And the world will be as one. IMAGINE:youtube::John Lennon
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:: LONE