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ANWAR
IBRAHIM: THE ROT IN MALAYSIA'S JUDICIAL SYSTEM: 24/10/2007 (MaximsNews Network)
UNITED NATIONS - / MaximsNews Network / - 24 October 2007 --
The rot in Malaysia's
judicial system is pervasive and extends to the highest offices of power, both
past and present. And now there is a videotape that many Malaysians -- including
many in the local bar -- believe to be proof.
Last
month, I released a videotaped recording showing a prominent local attorney, V.K.
Lingam, discussing the appointment of top judges to the federal court. The
person on the other end of the line appeared to be none other than Malaysia's
top judge, Ahmed Fairuz. The substance of the conversation leaves little doubt
that what transpired was influence peddling and fixing of judicial appointments.
Since
its posting on my Web site, the recording has been viewed hundreds of thousands
of times and has sparked public rallies throughout Malaysia. I have not
disclosed how I received this tape in the interest of protecting the witness's
personal safety. (Interested readers can view the video at http://www.anwaribrahim.com.)
I vouch for its authenticity.
In
the video, which was recorded in 2002, Mr. Lingam is seen and heard describing
conversations and meetings the purpose of which were to gain influence with
then-Prime Minister Mahathir Mohamed to make favorable judicial appointments.
The substance of his legal work, boasts Mr. Lingam, would be meaningless unless
he did his part in securing friendly judges who would rule in favor of his
clients. On the tape, Mr. Lingam remarked that ". . . half the time we are
talking about judiciary rather than doing the work. But if I don't do this part,
my work will be useless."
For
Mr. Lingam, this kind of lobbying is par for the course. In 1994, for example,
he enjoyed a lavish vacation in New Zealand with another chief justice, Tun
Eusoff Chin, allegations that Mr. Lingam denied until photographic evidence and
copies of travel itineraries from an insurance investigation put the two
families on the same flight and at the same tourist destinations.
The
contents of the video came as no surprise to many Malaysians, who recall Dr.
Mahathir's orchestrated efforts to emasculate the judiciary in 1988. At that
time, Dr. Mahathir's sacking of Tun Salleh Abbas, the then-chief judge, and
other senior judges, left me deeply concerned about the breakdown of
constitutional checks and balance inherent in our parliamentary democracy.
Dr.
Mahathir's handpicked judges signaled the beginning of an era when the judiciary
became enslaved to the executive branch. Since then, the executive has given
short shrift to matters of accountability, governance and transparency in the
judiciary.
Which
brings us to today's scandal. Mr. Lingam's close ties to Dr. Mahathir, a former
chief justice and the late attorney general, Mohtar Abdullah, as well as his
relationship with the current chief justice have put him at the center of this
most recent controversy.
Yet
he appears to be immune to the legal process, shielded by the unseen hand from
the nation's law enforcement agencies, which seem bent on persecuting the
whistleblowers rather than catching the culprits.
After
the video was released the government established a three-member panel with
virtually no powers of investigation to probe the authenticity of the videotape.
Three weeks after this panel began its work, it has produced no results and
seems to have no mandate to look into the questions of corruption that the
videotape raises.
Meanwhile,
the federal Anti Corruption Agency has threatened to arrest two individuals who
helped bring the tape to light unless they divulge the identity of their source,
and recent comments made by the head of the agency suggest a similar ultimatum
may soon be issued against me. Such measures do not inspire confidence.
They
have, however, sparked public outrage. Last month, the Malaysian Bar Council
staged an unprecedented demonstration in Kuala Lumpur. More than 2,000 lawyers
marched to Prime Minister Abdullah Badawi's offices to demand accountability and
judicial reform.
Political
parties from the opposition including the Justice Party (Keadilan) as well as a
few hardy voices from within the government, have demanded that an independent
Royal Commission be established to investigate this scandal. Other independent
bodies, such as Transparency International, have joined the chorus for a full
and transparent inquiry.
Yet
the government's response has been uninspiring. Prime Minister Badawi came to
power in 2003 promising to clean up corruption and depoliticize the judiciary.
His lack of action since the video's release demonstrates how little he has
accomplished on both fronts.
He
has rejected demands to establish the Royal Commission and instead has spent
more than a month calling for verification of the authenticity of the video -- a
task that requires no more than a few hours of laboratory work.
Meanwhile,
Cabinet members, some of them implicated in the videotape, have issued
statements to the media telling them to report "responsibly" on the
issue. "On this earth, we can do whatever we like, but you must remember
that when you die, you have to answer to someone," Tengku Adnan, minister
for tourism, told reporters. His name is mentioned in the tape no less than 10
times as someone who could facilitate meetings with the prime minister to
discuss judicial appointments.
The
two men best able to explain the tape, Mr. Lingam and Mr. Fairuz, have remained
silent, apparently hoping that a combination of public apathy and the absence of
an independent media will soon kill the story.
Sadly,
none of this should be surprising to those who do business in Malaysia.
Multinational corporations operating in the country often seek redress of their
grievances in overseas courts in Singapore or Hong Kong rather than take their
chances with the Malaysian judicial system.
Other
potential investors opt to steer clear of Malaysia altogether, planting
themselves in neighboring countries that offer greater transparency,
accountability and assurance of the rule of law.
As
the late Tun Suffian, a former chief judge with an impeccable record, once
remarked in a speech in 2000, "When I am asked what I thought, my usual
reply is that I wouldn't like to be tried by today's judges, especially if I am
innocent."
A
government so complicit in the abuse of power and the destruction of the
judiciary can hardly be expected to follow through on the structural reforms
that are now required -- namely, a complete overhaul of the process of judicial
appointments, including the creation of an independent council with oversight
powers and autonomy.
The
executive must be kept out of this process. The Conference of Rulers, a council
comprising the nine rulers of the Malay states, must assert its authority and
play its constitutional role as the people's guardian against arbitrary action
of the powers that be.
In
this regard, the observation of Sultan Azlan Shah -- the chief judge of the high
court before his ascension to the rotating Malaysian throne -- bears repetition:
"The erosion of public confidence in the judiciary's independence would
ultimately lead to instability and it would certainly take a long time and would
be an arduous task to restore it."
AnwarIbrahim@MaximsNews.com
Malaysia
celebrated its 50th birthday in August to rather muted fanfare. Fifty years
since we gained our independence, the country remains a dim shadow of what it
could be. Economic indicators show rising inflation, increasing unemployment and
declining foreign investment. Ignoring the need for economic, judicial and
electoral reform, the government uses its monopoly on the media to project an
image of strength and stability. Meanwhile, the delicate balance among
Malaysia's diverse ethnic communities is quickly coming undone as each group
begins to scapegoat the other for its own problems.
There
is compelling need to return to the founding principles enshrined in our
Constitution to ensure that Malaysia's future is a truly democratic one marked
by tolerance, economic vitality and the rule of law.
Labels: United
Nations, U.N.,
~~~~~
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