Friday, April 18, 2008

Tun Salleh Abas - Justice Redeemed ?

TheStar - Thursday April 17, 2008
PM announces commission, reforms for judiciary

KUALA LUMPUR: The Government plans to set up a Judicial Appointments Commission that would make the process of nominating, appointing and promoting judges more transparent and representative.
This Commission will identify and recommend candidates, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced at the Bar Council dinner at a hotel here Thursday night. "This Government gives its commitment to the Malaysian public that it will begin a process of judicial reform. We recognise that this process must be undertaken with the spirit and belief that no one, not even those entrusted to govern or to make laws, must assume to be above the law," he said.

He also assured the Malaysian public that consultation on the workings and structure of the Commission will involve primary stakeholders.
"All will have a chance to provide their input to the Government," he said.
" The Prime Minister acknowledged that the events of 1988, which ultimately saw the sacking of the then Lord President Tun Salleh Abas and two judges, constituted an upheaval of the nation’s judicial system. Salleh was brought before a tribunal for misconduct, and filed a suit in the High Court challenging the constitutionality of the tribunal.

Five judges of the Supreme Court convened and granted him an interlocutory (interim) order against the tribunal, but this order was later set aside and Salleh officially removed from the post of Lord President.

The five Supreme Court judges who granted him the interlocutory order - Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah - were suspended. Wan Sulaiman and Seah were later sacked.

"Rightly or wrongly, many disputed both the legality and morality of the related proceedings," Abdullah said. "For me, personally, I feel it was a time of crisis from which the nation never fully recovered," he said, but added that it was time to move on. "I do not think it wise or helpful to revisit past decisions as it would only serve to prolong the sense of crisis – something our nation can do without. The rakyat wants movement and progress, not continuing strife," he said.
Abdullah also commended Salleh and his five colleagues, describing them as "towering judicial personalities" and acknowledged the pain and loss they had endured. In recognition of their contribution to justice, the Government would make goodwill ex-gratia payments to them.

Good news sure comes in series for the Legal Fraternity in particular and the Rakyat in general. Recognizing the injustice to the former Lord President and fellow Judges, formation of the Judiciary Appointment Commission and Reform of the Judiciary System. It’s all being announced over a Dinner organized by the Bar Council, in fact was published by the Singapore media before the announcement.

Twenty years is a very long time by any standard of measurement for men of honor and integrity to suffer in upholding justice and civil system. I could imagine how they have to go through all the days and nights, since one of my close friend a fellow Judge is still suffering from telling the hard truth. In Tun Salleh Abas words “I’ve suffered so much in the last 20 years, so much so I ran away from the public. I found solace in farming, I talked to monkeys, birds and wild boars. I asked them not to disturb my plant”. It seemed the animals are more merciful then man with animal desires.

Let this be a lesson learnt to all Governing leaders be it BN or PR that you must protect and preserved the man of honor and integrity at any cost to ensure the system works for the benefit of Rakyat and mankind. The minute you destroy good governance and system for quick gain, you are actually destroying yourself. The people will not be intimidated by propaganda and threat to subscribe to injustice and corruptions. The integrity of leaders must be extended to the people around him and the system he preached. We must be thankful to our former leaders that professed education to the Rakyat, with it the majority of Rakyat can make good sound decision for the good of nation.

It is an honorable decision by Pak Lah to make the above decisions but make sure it will be implemented with success, because eventually he will be judged by that. Do not stop here in making good decisions make it a culture and principal for Towering Leadership. It was never too late to say I am sorry, repent and move forward with good deeds.

Another good news after Pak Lah meeting with Cuepacs leadership, he agreed to fulfill five out of six demands from the Civil Servants. Namely extending retirement age from 56 to 60, scrapping the examination part of the Efficiency Level Assessment ( PTK ), reinstatement of critical and housing allowances, pension payment based on actual years of service.

Another good decision for the benefit of the Civil Servants that have been the backbone of your delivery and administration system. Actually good decision is not very hard to make as long as you are being fair and sincere. Bad news is not really difficult to accept either as long as it is not gross misconduct or negligence. When you are in doubt return to the Rakyat that give you the Power, listen to them, talk to them and give them what they truthfully deserved.



The Ancient Mariner said...

Eh bro,

I see you have also now gone socio-political. Good for you. We cannot just 'buat duh' and watch the country go to the dogs.

Anonymous said...

Tun Salleh Abas,

Here's some money but we are not sorry!

It is like a White Master saying to the Black slaves !

If I were you, I would throw away the money and go to hell with it.

I think the wife of Hakim Wan Sulaiman gave the better response.

Lord Denning.

cakapaje said...

Salam Dato',

With due respect, though I would like to believe Pak Lah is the most decent of UMNO current leaders, history tells me to be cautious with his current actions. There's still too many unsolved corruption and crimes involving big fishes which he had promised before 2004, to take action against. Still, I'd rather him than anyone in that party.

jaflam said...

Salam YA,
After listening and reading for some time its time to chip in my thoughts on the governing and running of our beloved nation.

That the least we could do and part of professing good deeds.

jaflam said...

Lord D,
It is true they should say sorry when it due, what more when it’s long overdue.

jaflam said...

Salam Cakapaje,
We may have to live with the best among the worst but then its better then nothing.

Hope all these good gestures are not for " melepaskan batuk ditangga aje". If that the case they are not learning from PRU 12.

小针 said...

Read my comment (in Chinese) abt the Judiciary Appointment Commission:

Zabs said...

Salam DJ,
Semoga apa yang dilakukan ini timbul dari keinsafan yang sebenar dan bukan hanya untuk tujuan yang menyimpang.

p.s. Thank you DJ and Datin for your presence.

jaflam said...

Begitulah hendaknya setiap musibah itu untuk membawa kita kembali kejalan yang lurus. Bagi yang masih berpura, mereka hanya menempah kehancuran yang nyata.

Congratulations again to you and family for the memorable occasions. Salam

Pak Idrus said...

jaflam, Why is it so difficult to say sorry with all sincerity.

As for the ACA just follow what Hong Kong has done for many years and succeeded in getting rid of this social evil call corruption.

Have a nice day.

jaflam said...

Pak Idrus,
Let’s hope the New ACA will be given sufficient autonomy, authority and courage to wage corruptions that are becoming a cancer in our society.

We have every opportunity to become law abiding and corruptions free society if the people we trusted in power and authority maintained their integrity.

elviza said...

Dear Jaff,

Since I can't seem to find a way to write anything on my blog, allow me to do so in yours :-)

The doctrine of separation of powers specifically presses on the independence of the judiciary in any democratic country.

This doctrine, however, is often abused by ruthless politician who has no regard for the law.

It backfires badly with the erosion of public confidence in the judiciary for the last twenty years here on my shore.

This serves as a stern reminder to the politician/government of the day to steer clear out the judiciary way.

Personally, I am all for the ex-gratia payment but the PM's speech is all apology in its composition and spirits. I think apology sounds lame after 20 years.

But what he has in store for the judiciary sounds interesting enough for me.

(there you go, sorry for taking up the space!)

Mat Salo said...

Pak DJ..

PL is trying his darnest to hold his fractious party together - and he's sending the right signals so far. Credit must be given when it is due...

I wish him luck, but in my opinion he's a good guy, just not the best person to rule, that's all.

jaflam said...

Elviza dear,
Thanks for sharing your thoughts and observations here.

I sincerely hope Pak Lah & Zaid will do what they promised and put back the Judiciary system where its belong with integrity to the highest level.

It will be good for the people, Nation and for him as well.

jaflam said...

Salam MS,
He has only one option now to deliver what the Rakyat wanted or it will a matter of time before they removed him.

Let hope he did it right this time, he just need honest and good people around him to get things done. All paid by the Rakyat.

tokasid said...

Salam Pak DJ:

This is like melastik 2 birds with one peeble.

Its like saying : we are giving because we know you were victimised before but we are not saying sorry coz it was not us who victimised you.It was the other person who did that and he should apologise personally to you. I can't say sorry on his behalf but I have to give you something for what the other person did. See, I am a good person and that guy is bad.

jaflam said...

Thanks for dropping by. Its kind of funny looking at the two old men getting at each other throats. They are just slugging more mud to each other and getting messy.

The nation is beyond both of them and need to move on with more important issues.