PETITION : Return The Judiciary to the Rakyat! Call for a Royal Commission of Inquiry (2)

1 10 2007

CALLING FOR SUPPORT: The People’s Parliament is preparing a petition to the Agong calling for a Royal Commission of Inquiry to properly investigate the judicial corruption scandal exposed by the ‘Lingam tape’.

Please help to publicise and support this petition.

We need to demonstrate that we the rakyat are dead serious in demanding accountability for the judicial scandal (and all other scandals) perpetrated by the government.

Please go to The People’s Parliament for details and support the PETITION by signing it.

The English text of the petition is reproduced below; you can also sign the petition by sending an email to savethejudiciary@gmail.com ; the signatures will be collated and appended to the petition. Unlike the Election Commission, we don’t have ‘phantom voters’, so please submit your real name and IC no when signing the petition. Your details will be handled with the utmost care and responsibility.

Thank you.

———————–

[ ORIGINAL POST ]

Haris Ibrahim of The People’s Parliament — a prominent lawyer and one of the leading lights of the civil society and human rights movement in Malaysia — has drafted a petition to the Agong to call for a Royal Commission of Inquiry into the judicial corruption that has been rudely brought to light by the ‘Lingam tape’.

If, like me, you think that the government’s half-cooked and hamstrung ‘independent’ inquiry panel is just another whitewash rubberstamp panel and have absolutely no confidence that the Badawi administration intends to take any meaningful action to properly investigate and prosecute the wrongdoers behind the ‘Lingamgate’ judicial scandal and the unbroken string of scandals before this, then:

Please go to The People’s Parliament for details and support the PETITION by signing it. Haris will be submitting the royal petition, but we must demonstrate meaningful support for that to happen.

Do we want change for the better? Then let’s keep the pressure on, people.

The English text of the petition is below; the actual petition will be submitted in Bahasa Malaysia and can be viewed at The People’s Parliament HERE.

——————————————-

The People’s Appeal To His Majesty The Yang DiPertuan Agung

On 19/9/2007, the nation was rocked by another scandal, this time in the form of a video clip which exposed what appears to be a telephone conversation between senior lawyer VK Lingam and another person, allegedly fixing the appointment of ‘friendly’ senior judges.

A careful study of the monologue presented in the video clip leaves a very clear impression that the telephone conversation is indeed between VK Lingam and the present CJ, Tun Ahmad Fairuz Sheikh Abdul Halim and relates to the appointment and promotion of judges. Other judges are also named in the course of the conversation.

That Tun Ahmad Fairuz had, subsequent to the release of the video clip, first responded that he would need to first view the video clip before saying anything, then issuing a ‘no comment’ response and only lately and that too through a third party making a bare denial of being a party to the conversation leaves us, the rakyat with a sense that Tun Ahmad Fairuz has not responded with complete candour on this matter.

This scandal now casts serious doubts on the suitability of Tun Ahmad Fairuz to head the judiciary as well as on the propriety of the appointments and promotions, made on the recommendation of Tun Ahmad Fairuz, of several judges of the High Courts, the Court of Appeal and the Federal Court.

We, the rakyat, no longer have any confidence whatsoever in the judiciary.

We, the rakyat have noted for some time that some very senior judges have been constantly overlooked in the numerous promotion exercises that have proceeded during the tenure of Tun Ahmad Fairuz, with junior judges being preferred.

We the rakyat have also noted that it was recently reported that Their Royal Highnesses acting through the Conference of Rulers rejected two nominations by Tun Fairuz for the position of President of the Court of Appeal and the Chief Judge of Malaya although these positions had been vacant for a long time. It is rumoured that those nominated by Tun Fairuz were junior in comparison with many other more senior serving judges.

We, the rakyat, have further noted that there is at least one judge promoted to the Federal Court who, it is reported, has failed to deliver written judgments in up to as many as 35 cases, with the result that appeals by many who have been convicted of offences and are in prison are unable to have their appeals heard.

This most recent scandal also raises again real concerns about the sudden change of the trial judge in an ongoing murder trial in Shah Alam.

We, the rakyat, are also gravely concerned about the recent decisions in several high-profile cases and whether these were ‘fixed’ by Tun Ahmad Fairuz and, if so, the implications it has in relation to the other judges of our superior courts.

The reaction of the Prime Minister, other members of his cabinet and the Attorney-General to the matter of this video clip give us, the rakyat, no reason at all to believe that this scandal will be honestly investigated so that the truth of the matter will never be known.

We, the rakyat, do not believe that the Prime Minister and his present government are committed to getting to the bottom of this scandal and, if ascertained to be the truth, to take all necessary steps to restore the judiciary as a constitutional institution emplaced to independently defend the constitution, the rights of the rakyat, and to uphold the rule of law.

In this regard, the announcement on 25/9/2007 by the Deputy Prime Minister of a 3-man panel to be headed by one who was implicated in the sacking of Tun Salleh Abbas in 1988 to now investigate this scandal fortifies our belief that the present government is determined that the truth in relation to this scandal never becomes known.

We, the rakyat, are gravely concerned that if this scandal is left to be investigated by the administration of the Prime Minister, the police or the Anti-Corruption Agency, the rakyat will only witness another cover-up, leaving us, the rakyat without any recourse to justice, ever suspicious whether the judiciary is to protect the rakyat or the interests of a chosen few.

This most recent scandal raises concerns whether the corruption that has become so prevalent in the management of this country has now also made its way into the judiciary.

For these many reasons, we, the rakyat, now pray that Your Majesty may be so moved and in the exercise of the full powers conferred on Your Majesty to :-

1. direct the establishment of a Royal Commission to inquire into, consider and/or determine whether in fact the conversation reflected in the said video clip did occur between VK Lingam and Tun Ahmad Fairuz and the veracity of the assertions made by VK Lingam in the said video clip and, if found to be so, that the Commission be further mandated to enquire into, consider and/or determine:-

1.1 the involvement of all those named in the said video clip in connection with the appointment and promotion of judges;

1.2 cases in which VK Lingam was involved and which were heard and / or decided by Tun Ahmad Fairuz and / or any of the other judges named in the said video clip;

1.3 all acts carried out by Tun Ahmad Fairuz during his tenure as Chief Judge of Malaya, President of the Court of Appeal and Chief Justice, more particularly:-

+ the basis of the appointment and / or promotion of judges by Tun Ahmad Fairuz with particular emphasis on the other judges named in the said video clip;

+ the manner in which the members of the panels of the Court of Appeal and the Federal Court were selected by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice; and

+ the manner in which files were allocated to the panels of the Court of Appeal and the Federal Court by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice.

2. the Royal Commission having ascertained that the conversation reflected in the said video did occur between VK Lingam and Tun Ahmad Fairuz and assertions made by VK Lingam in the said video clip to be true, to :-

+ direct the Prime Minister to take all necessary steps to appoint a tribunal under Article 125 of the Federal Constitution to remove Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz; and

+ direct the Prime Minister to take all necessary steps to suspend Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz, pending the reference to and/or report of the tribunal.

3. direct the immediate establishment of an independent Commission for the appointment and promotion of judges to the High Courts, the Court of Appeal and the Federal Court.


Actions

Information

One response

3 10 2007
George Peacock

As an English solicitor, I cannot sign the petition but support you all fighting for justice. Good Luck

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




%d bloggers like this: