Tuesday, September 12, 2006



Nazri:If you think the BN was wrong, vote them out!

That's the challenge issued by Datuk Seri Nazri Aziz at the DAP Forum: The 1988 Judiciary Crisis: To Review or Not?

Nazri told the 800 strong audience that he was not convinced that a review is necessary. He urged Malaysians to move on.

He said, "Jika rakyat rasa kerajaan tidak betul, rakyat boleh beri undi kepada pembangkang."( If the people think that the government is wrong, they can vote for the opposition).

He also argued that there were nothing wrong with the two tribunals that led to the sacking of former Lord President Tun Salleh Abbas, Supreme Courts judges Tan Sri Wan Suleiman and Datuk George Seah. He also revealed that the Cabinet has yet to discuss the issue and unless he is convinced, he would not raise the matter as the minister in-charge of law in the Cabinet.

He was bombarded with many questions and comments from the floor during the Q&A session. Practically every argument put forward by Nazri was torn apart by the audience. His mission of "defending the indefensible" was disastrous if not for his oral skill and "cool" appearance he maintains throughout the debate.

Lawyer Tommy Thomas questioned the composition of the two tribunals. He emphasized on the importance of separations of powers (executive, legislative and judiciary) and also the independence of the judiciary. He siad the 1988judiaciary crisis has eroded the above fundamentals and wanted the government to set up a truth and reconcialation commission like the one initiated by Nelson Mendela in South Africa.

HAKAM Chairman and the spokeperson of Article 11 Malik Imtiaz Marwar, who's also a lawyer, also supported the move initiated by Yeo Yang Poh, i.e. to set up a Commission of Inquiry to review the 1988 judiciary crisis. He too suggested that while there's a need to restore the dignity of the three Supreme Courts judges, there should be no witch-hunting for the culprits or accomplices. He felt that the important thing now is to start a healing process within the legal circle and to return the powers to the courts ( which was taken away by the Executive soon after the crisis).

Malaysian Bar Council President Yeo Yang Poh was the man who initiated the call for a review. He suggested that there was a change of political climate in the country now that the Dr Mahathir has stepped down. He pointed out that the second tribunal ruled that the standard of proof should be " proven without reasonable doubts" where the first tribunal has opted for " ponderance of evidence". He also opined that there was no transparency as both proceedings of the tribunals were done in camera.

DAP Chairman Karpal Singh categorically said that the government was wrong and the sentiment of the rakyat now is clearly in favour of the setting up of a royal commission of inquiry. He said Nazri is the only panelist that says no to a review. He has, however, suggested an alternative, i.e. PM Abdullah should make a ruling in the Parliament to nullify the decisions of the two tribunals.

Opposition Leader Lim Kit Siang said that the 1988 judiciary crisis has many casulaties; he cited cases such as Param Cumarswamy, Lim Guan Eng, Irene Fernandes, Anwar Ibrahim and Ezam Mohd Nor. He said the crisis has caused a destruction to the entire judicairy system. He also quoted the late Tun Suffian to support his call for the restoration of an idependent judiaciry system. He siad a nationwide campaigh should be launched in support for the setting up the much needed Royal Commission of Inquiry.

"There is no fanality until justice prevails", he declared.

What happened to Tun Salleh and our Supreme Court Judges has shown that what took generations to build up can be destroyed in one day and will take many generations to rebuild.”- Tun Suffian

DAP SG Lim Guan Eng, in his opening address, sets the mood of the debate with the famous quotation of Voltaire, " I disapprove of what you say, but I will defend to death your right of saying it."

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