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There Is A Genuine Need For A Review Of The Malaysian Judiciary Statement by Dr Tan Seng Giaw and MP for Kepong on the controversy between the Minister in the Prime Minister's Department Datuk Dr Rais Yatim and the Chief Justice Tun Mohd Yusoff Chin over the latter's 1998 holiday photograph in New Zealand. 10.6.2000 | |||||||
| In 1998, the Malaysian Chief Justice, CJ, Tun Mohd Yusoff Chin had photographs taken with lawyer Lingam while holidaying in New Zealand. These photographs appeared in the Internet. They were mentioned in Parliament by the then Opposition Leader Lim Kit Siang. The judiciary did not answer. Now, the CJ says that he paid for his holiday and only met Lingam by chance. Let us know the truth. Recenlty, the Minister in the Prime Minister's Department Datuk Dr Rais Yatim commented in Melbourne, that it was "improper behaviour"for a judge to be holidaying with a client's lawyer. This sparks off a controversy between Datuk Dr Rais Yatim and Tun Mohd Yusoff Chin. According to the Bar Council President Sulaiman Abdullah, when the CJ showed its one-time president Datuk Dr Cyrus Das the credit card receipts and bills to prove that he paid for his holiday, Das had advised him to keep them safely. ( Sulaiman stated that when the photographs surfaced in 1998, the council's then vice-president R.R. Chelvarajah and then secretary Mah Weng Kwai met Yusoff Chin. Chelvarajah and Mah asked Yusoff to disqualify himself from hearing the appeal in Datuk Cumaraswamy's case as Lingam was appearing as council for the two MBf companies suing Param for libel. The CJ had told them he would consider the matter and he later informed Das that he would not hear any matter in which Lingam was appearing.) Sulaiman says:"It is imperative that the Malaysian Bar, in the exercise of its public duty of upholding the cause of justice, should deliberate on all the issues raised and express | |
its view." The Bar Council president has a basis to comment on the controversy. Indeed, all Malaysians should be concerned. We have been critical of reports about the judiciary in the last few years. We have repeatedly raised this in Parliament. But the Government has looked the other way. We believe that the Legislature, the Executive and the Judiciary should be truly independent to provide checks and balances. We do not have to play the sedulous ape to the American and English definitions of the separation of powers. We may not want a carbon copy of those of Englishman John Locke (1690) or the Frenchman Baron de Montesquieu (1748). We still have to stick to universal principles: can each branch resist or repel the unconstitutional intrusion of another? Both Rais and Yusoff claim to have their rights in the way they deal with the photographs. Thus, there is a point raised by Lim Kit Siang on the desirability of forming a Royal Commission of Enquiry over the matter. Like others, Kit Siang wonders why it takes Yusoff so long to reply on the matter. Even if there is a parley between Rais and Yusoff, it is not enough to settle the matter. We yearn for a truly independent judiciary which is manifestly seen to be fair. We cannot turn a blind eye to adverse reports on the branch. We have to review the judiciary, finding out the rights and the wrongs. The judiciary must keep pace with globalisation. The Commission of Enquiry may help. If the CJ is right, the findings will put to rest all the allegations against him and the judiciary.
Dr Tan Seng Giaw | |||||
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