Former United Nations special rapporteur on the independence of judges and lawyers Datuk Param Cumaraswamy has some interesting comments on the call for an inquiry into the 1988 judicial crisis. He says that only a royal commission would be feasible, but:
“Even then could such a commission be able to compel the high dignitaries involved in the affair?” he asked in reference to the then Yang diPertuan Agong, former premier Dr Mahathir Mohamad, then chief judge of Malaya Hamid Omar and former attorney-general Abu Talib Othman.
“Practically all of them would claim immunity for their conduct under the existing protection available for such dignitaries holding public office,” Param said.
“Without these four personalities being able to be examined for their conduct and actions in the whole affair we may not be able to establish the truth and culpability,” he added.
Also:
Soon after this ‘sordid event’, Param said regional organisation LawAsia (Law Association for Asia and Pacific) considered setting up an Asian Commission on Justice and invite five retired eminent senior judges in the region to examine the reports of the two tribunals and advise whether the process and findings of the tribunals were in accordance with internationally accepted standards of justice.
“No doubt the findings of the commission would not be binding on Malaysia. However, it would have had a moral effect,” he added.
According to Param, due to difficulties in raising sufficient funds the proposal for such a commission was not pursued.
Poverty impedes justice? What a pity.
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Brenden Pereira of NST fame also has something to say. While his arguments are generally ones worth supporting, his proximity to the ruling government sadly compromises his position ever so slightly because of the way he might be seen as trying to score political points against TDM. Just look at his second article (same link).
I did like his closing words though:
Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim believes that it is not necessary to change the system of appointing and elevating judges. He argued that the current system has worked well for 50 years and produced judges of stellar quality such as Tun Suffian Hashim and Raja Azlan Shah.
But it is interesting that even he reached back to the pre-1988 period in search of judicial icons.
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Meanwhile, Bar Council vice-chairperson Ambiga Srinivasan gives DS Nazri his one good reason. Glad someone took up his inane challenge.
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