Malaysia's judiciary on political
trial By Baradan Kuppusamy
KUALA LUMPUR - A public hearing into
alleged corruption in the judiciary is giving
Malaysians a rare peek into the way top judges
were appointed, demoted and promoted during the
tenure of former prime minister Mahathir Mohamad -
and is setting off political fireworks in its
wake.
The hearing's revelations offer hope
to some lawyers, judges and civil society leaders
that for the first time in three decades a cleanup
of the judiciary could be imminent. Some of the
country's most powerful and influential figures,
including Mahathir himself, have been subpoenaed
to take the stand and since last week
have
been called upon to answer a series of awkward
questions.
Chief justices, top civil
servants, business tycoons and top lawyers -
people inadvertently exposed in a 14-minute video
clip secretly shot by the son of a businessman in
2002 - have so far all taken the stand in the
case. Doubts are also being raised, however, about
the inquiry panel's conduct after a top witness'
testimony was controversially bypassed.
The incendiary clip on which the case
hinges records a telephone conversation between
lawyer V K Lingam, who in the past often
represented Mahathir, his associate Vincent Tan,
and the country's chief justice Ahmad Fairuz, who
retired under a dark cloud related to the
allegations last December, concerning judge
appointments.
Their purported conversation
involves the promotion of judges "friendly" to
Mahathir and his government and allegedly how to
end the careers of other judges considered to be
"unfriendly and difficult". During the inquiry
Lingam refused even to confirm that he was the
person pictured in the video talking into a hand
phone. He also denied he had ever spoken with
Fairuz.
The clip was supposedly recorded
"inadvertently" by the son of a businessman at
Lingam's home in December 2001, but surfaced six
years later and was given to opposition icon Anwar
Ibrahim, who made it public last year on September
19 and demanded a full public inquiry into the
recording's revelations. Anwar has subsequently
leveraged the furor surrounding the case to call
for a major overhaul of the judiciary.
Independent lawyers have long made similar
calls, saying that the judiciary was deeply
corrupt and often under the thumbs of
well-connected businessmen and politicians. Their
calls have until now gone unanswered, but with the
emergence of the video clip, they now believe they
have the hard evidence needed to press their case.
"The outcome of the inquiry aside, the
probe is giving Malaysians a rare glimpse into the
sinister aspects of the government at the very
highest levels," said human rights lawyer
Sivarasah Rasiah, who was among the first to have
viewed the secretly shot clip along with an aide
to Anwar. "The revelations are truly shocking and
show how deeply tainted our judiciary has become,"
he said on the sidelines of the inquiry that is
being held at the Kuala Lumpur Court Complex.
Still unsubstantiated details surrounding
the allegations associated with the video clip
include lawyers sending bags - presumably filled
with cash - to judges' homes to influence their
decision-making on judiciary appointments. Other
alleged bribes included top-of-the-line hand
phones for judges and expensive handbags for their
wives.
In one case, a lawyer involved in a
trial stands accused of actually writing the
judgment for a compromised judge, indicating if
true a grotesque violation of judicial integrity
and independence. One particular judge in the
spotlight is former chief justice Eusoff Chin.
The current inquiry received photographs
showing lawyer Lingam holidaying in New Zealand
with the then chief justice in 1996. The picture
presented to the court showed the two with their
arms around each other's shoulders and their wives
standing and smiling. "I bumped into him and he
decided to tag along," was the answer Chin, who
retired in 2001, gave to the court about the
photographs.
Like Chin, Mahathir also
frequently replied that he "could not remember" to
many questions related to the alleged
business-politician-judiciary nexus that accusing
lawyers contend has tarnished the country's once
vaunted judiciary beyond repair.
For
Mahathir, who never faced a parliamentary select
committee or a public inquiry during his 22 years
(1981-2003) as head of government, last week's
questioning marked a significant turn of events.
His claimed memory loss in reply to
several of the inquiry's questions has struck many
Malaysians as incredulous. At one point during the
proceedings, asked why he dropped some judges
recommended for promotion by a then chief justice
who was highly respected by many of his peers,
Mahathir replied: "I don't have to answer."
According to parliamentary opposition
leader Lim Kit Siang, Mahathir replied "I can't
remember" at least 14 times during an estimated 90
minutes of questioning conducted by a five-member
panel chaired by Mohamed Haidar, a former retired
judge. "He was evasive and uncharacteristically
forgetful," Lim said, referring to Mahathir. "Most
of the time Mahathir was evading questions to the
best of his ability," the opposition politician
said.
Nonetheless, a guilty verdict is not
a done deal - far from it. Like many others, Lim
was disappointed that the panel allowed Mahathir
to "get away" with effectively not responding to
several questions.
"We are disappointed.
He should be held accountable for the dark chapter
in the nation's judicial history," Lim said. "Many
Malaysians get the impression that the panel
members treated Mahathir with 'kid gloves' as they
were in awe of and at times even fearful of the
longest-serving prime minister of the country,"
Lim said.
Another complaint concerns the
panel's decision to bypass Anwar on the witness
list, even though he had earlier been subpoenaed
by the commission. The panel ruled that his
testimony would be irrelevant after the maker of
the video, who at first hid his identity, later
owned up to it.
"I have evidence to show
that there is deceit and conspiracy involved
between businessmen, lawyers and politicians,"
Anwar told Malaysiakini, an independent online
news provider. "It is rather odd that I have not
been called," he added, saying the inquiry panel's
decision raises doubts about its conduct and
integrity. "My name is mentioned in the clip and
it is important I testify."
Once highly
regarded, critics say Malaysia's judiciary
suffered under Mahathir, who beginning in 1987
allegedly sacked independent judges and promoted
others who were widely criticized for their
perceived subservience to his government.
Some contend those interventions continue
to undermine foreign investor confidence in the
local judiciary, witnessed in the large number of
foreign-local contracts that call for independent
arbitration in Singapore, Hong Kong or even London
rather than allowing the Malaysian courts to judge
on potential disputes.
(Inter Press
Service with editing by Asia Times Online.)
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