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URGENT CALL TO RESTORE THE GOLDEN ERA OF THE JUDICIARY
The recent call by the Malaysian Bar Council to re-open and
re-investigate the sacking of the former Lord President, Tun
Salleh Abbas, is indeed timely. GERAK fully support this call
and believes that in the present circumstances, there is an
urgent need to restore the people's trust in the judiciary, as
justice must not only be done but seen to be done. Although
almost eighteen years have passed since the Tun Salleh Abbas was
unfairly removed from his post, along with two other senior
judges, Datuk George Seah and Tan Sri Wan Sulaiman, the episode
is far from forgotten. It was the nightmare which led to further
erosion of rights and dissipation of the people's trust in the
judiciary. It was the turning point where the judiciary was
marred with disrespect and viewed as a government tool rather
than an agent of justice and truth. The trial of the former
Deputy Prime Minister, Datuk Seri Anwar Ibrahim, had once again
put the judiciary in the spotlight for the wrong reasons. Hence
the term `kangaroo court' was used to refer to Malaysian courts.
GERAK views with seriousness the urgent and pressing need to
restore confidence. Investigations must be conducted by
independent royal commissions. However, investigations need not
be restricted to the Tun Salleh episode. There were other
equally serious cases involving the judiciary which ought to be
re-opened and investigated – the Ayer Molek case, the Letter by
Datuk Syed Idid, the Anwar Ibrahim Trial and the controversies
of Tun Eusoff Chin's personal interests and that of Tun Hamid
Omar. The judiciary has no moment to lose. It must reform itself
and restore the people's trust. The judiciary is indeed an
important branch of power, entrusted to preserve justice and
integrity of the nation. The integrity of the nation must be
preserved at all costs, as, to quote Stephen Carter, the
opposite of integrity is corruption. We call on the judiciary to
acknowledge that it is not merely rule of law which needs to be
upheld but also, the integrity of the law.
GERAK also applauds the proposal of the present Chief Justice,
Tun Ahmad Fairuz to remove the lower rung of the judiciary,
comprising of magistrates, registrars and sessions court judges
from the Judicial and Legal Services as their present status as
civil servants may indeed compromise their independence. It
would not seem possible for a true `independent' decision if the
deputy public prosecutor and magistrate have to answer to the
same department or if the deputy public prosecutor may one day
be the judge's superior or vice versa. Adherence to the spirit
and philosophy of separation of powers is much needed in a
country where the climate of fear exists with an all powerful
and dominant executive branch.
In addition to this call, GERAK views with seriousness the
present dilemma faced by the whole Syariah judiciary which is
put under the Jabatan Kehakiman Syariah Malaysia, which is none
other than a mere government department, which by hierarchy, is
a department under the Prime Minister. To add insult to injury,
the present Syariah Subordinate Court in Selangor is placed in
the building of UMNO, a political party. At all costs, a
judiciary can never be seen to be subordinate to any executive
branch, let alone be the tenant of a political party's building!
GERAK urge the government to give special status and honour to
the syariah court and its judiciary by not placing it under any
government department nor to give any negative impression that
it is under any party whatsoever. It must be a whole system on
its own, on par with its civil counterpart. Recognition ought to
be given through granting the courts complete independence. This
is especially necessary when the syariah courts' system is
currently questioned and debated in light of the current
controversy relating to the Article 121(1A) provision.
The golden era of the judiciary which ruled the early 80s must
not be a thing of the past, only worthy of nostalgic reflection.
It must be brought forth and restored, in all its splendor and
glory. We yearn for a judiciary which reflects integrity, a
judiciary we can trust and pin our hopes on.
Ezam Mohd Nor
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