Tuesday, September 02, 2008

Judicial Crisis 1988

The Government of Malaysia informally recognized the fact that Tun Dr Mahathir's administration interfered with the Judicial arm and consequentially resulted in a crisis in 1988 when Tun Salleh Abbas was removed from his position as Lord President when the Government issued ex-gratia payments to the judges sacked in 1988. Also, the Lingam Tape Commission came up with a report that indirectly blamed Tun Dr Mahathir for being influenced by Lingam on the appointment of the CJ of Malaysia.

Now, we hear about the sudden emergence of a report by a panel set up in August 2007 - The Panel of Eminent Persons Report on the 1988 Judicial Crisis in Malaysia. Download the report from The Malaysian Bar here.

Where are we going ? Circles ? What are the objectives ? To prove that there really was an interference of the Judicial arm by the Executive or is it just to tarnish Dr Mahathir's name and legacy ?


1. Lingam Tape

It is not a crime for Dr Mahathir to hear whispers. Every position in this country, there are bound to be lobbyists. I bet if another judge was appointed to be CJ of Malaysia instead of Tun Fairuz, then that person who once brought the name of this judge to Dr Mahathir's attention would also go around bragging "Oooh, I have talked to Dr Mahathir. Don't worry. You will get the job."

Who wouldn't? Dr Mahathir acted according to the portfolio of Prime Minister in making a decision to appoint Tun Ahmad Fairuz as the CJ of Malaysia.


2. 1988 Judicial Crisis

I need not repeat the stories you have read in the newspapers or from Tun Dr Mahathir's camp. The newspapers publicised greatly where Pak Lah and Datuk Zaid Ibrahim gave ex gratia payments for unfair dismissal in 1988 to former Lord President Tun Salleh Abbas and several other Judges.

However, was Dr Mahathir really interfering with the Constitution? I shall direct you to Tun's blog for you to read his side of the story.

My advice? Do not judge Tun Dr Mahathir just by reading the mainstream papers or listening to the Opposition. Hear it from the man himself.

If the Bar Council is so unhappy with Dr Mahathir, then let us all start a Constitutional debate and come out with a report on the powers of Dr Mahathir and the legal procedures Tun took to remove Tun Salleh under a Tribunal convened by the then Yang DiPertuan Agong of Malaysia.

Do not just go around throwing smoke bombs. Give Dr Mahathir a chance to defend himself in the mainstream media and in the Court, if necessary.

Lawan tetap lawan. I stand with Tun Dr Mahathir on these mentioned issues. Read Tun Dr Mahathir's recent blog entry : THE SO-CALLED EMINENT PERSONS PANEL. Hidup Tun !

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