KL judiciary reasserts itself<\/p>\n
By Brendan Pereira<\/p>\n
KUALA LUMPUR: This is a strange time for the Malaysian
\ngovernment as it watches the renaissance of the country's
\njudiciary with trepidation and unease.<\/p>\n
Trepidation, because the score in wood-paneled courtrooms
\ncurrently reads 3-0 in favor of the opponents of the Mahathir
\nadministration.<\/p>\n
Two opposition politicians have been freed. An election result
\nwas thrown out and called a sham. And an opposition politician
\nwas cleared of contempt of court. And this may only be the start.<\/p>\n
Up next, a hearing on whether the government was justified in
\nstopping the flow of nearly RM1 billion (S$480 million) in oil
\nroyalties to the Parti Islam Malaysia (PAS)-led state government
\nof Terengganu.<\/p>\n
Another important date on the court calendar: When former
\nDeputy Prime Minister Anwar Ibrahim challenges a decision not to
\nallow him to receive treatment for a slipped disc in a Munich
\nclinic.<\/p>\n
Unease, because it was the government which let the genie out
\nof the bottle.<\/p>\n
Stung by reports that public confidence in the judiciary was
\nlow, it appointed reformer Tan Sri Dzaiddin Abdullah as Chief
\nJustice in December.<\/p>\n
By all accounts, he is doing a sterling job.<\/p>\n
Says Datuk Param Cumaraswamy, a United Nations official who
\noversees the independence of judges and lawyers: "There is
\ndefinitely a resurgence of judicial independence. The only
\nconcern is political forces and how they are going to react."<\/p>\n
On the ground, some government politicians think the idea of
\nallowing the judiciary to blossom was a bad one from the start.
\nThey want to trap the genie, stuff it in the bottle and put the
\nstopper back.<\/p>\n
But returning to the status quo remains the minority view. The
\nmajority view is one of quiet concern.<\/p>\n
Deputy Prime Minister Datuk Seri Abdullah Badawi articulated
\nthat view in a speech last Friday.<\/p>\n
Speaking to an audience of judges and lawyers, he said: "In
\nrestoring the image of the judiciary, the government hopes that
\nthe Bench will do what it is supposed to do: Dispense justice
\nfairly and swiftly."<\/p>\n
He added: "By all means improve your image, but do not go
\nbeyond the bounds of your responsibilities to prove a point to
\nthe government and the people. Popularly elected governments are
\nheld to account every four or five years. If we have made wrong
\nor unpopular decisions, the electorate can evict us from office.
\nThere is no opportunity for people to hold judges to account."<\/p>\n
Lawyers and several former and current judges interviewed say
\nthat the catalyst for the new assertiveness is Tan Sri Dzaiddin.
\nDuring his sessions with judges around the country, he has made
\nit clear that they owe allegiance only to the law and their
\nconscience.<\/p>\n
He has also abandoned the old practice of transferring
\n"independent-minded" judges to smaller towns.<\/p>\n
When appellate judge Datuk Shaik Daud Ismail disclosed in a
\nspeech that some litigants filed their suits in certain courts to
\nwin hopeless cases, he was rewarded with a six-month extension on
\nthe Bench.<\/p>\n
No wonder that lawyers believe the good old days of pre-1988
\nare back.<\/p>\n
Thirteen years ago, Prime Minister Mahathir Mohamad went face-
\nto-face with the judiciary over several cases that went against
\nthe government. After a special tribunal, six senior judges were
\nimpeached and three sacked, including the chief judge. Since
\nthen, the courts have been perceived as being friendly to the
\ngovernment. There was also some concern that corporate figures
\nwere having undue influence over certain judges. And that some
\njudges were having undue influence over other judges.<\/p>\n
That coffee-shop talk gained a veneer of credibility when High
\nCourt judge Datuk Muhammad Kamil Awang nullified results of a
\nstate election and said that when proceedings started in 1999, he
\nhad been "given a directive" by a "superior" to dismiss it.<\/p>\n
Former chief justice Eusoff Chin has admitted making the call
\nbut denied asking the judge to dismiss the case.<\/p>\n
The old school received another beating when the Federal Court
\n-- the highest court of the land -- said that a High Court judge
\nhad blatantly disregarded rules of procedure when he convicted
\none of Anwar's lawyers for contempt of court and sentenced him to
\nthree months' jail.<\/p>\n
In 1998, foreign correspondent Murray Hiebert was charged with
\ncontempt of court for writing an article on an ongoing case
\nbetween an international school and one of its students, the son
\nof a judge. He was jailed for three months after losing the case.<\/p>\n
His lawyer, Shafee Abdullah, believes the outcome would have
\nbeen different today. "Hiebert's case came about during dangerous
\ntimes. It is a new judiciary now with a lot of promise for hope
\nand justice." But the judiciary is at a fragile stage, he notes,
\nand judges should be careful with their judgments. Said the
\nlawyer, who also counts UMNO politicians among his clients: "In
\nall cases, they should avoid making sharp statements on
\ncollateral matters or personalities in a case, as this might
\ninvoke doubt on whether our current judiciary is anti-government
\nor truly independent."<\/p>\n
Government politicians agree with his observation and argue
\nthat some judges appear to be overly exuberant in bashing the
\nauthorities.<\/p>\n
Says an UMNO Supreme Council member: "Do not win back favor
\nwith the public at the government's expense. That is what some of
\nthe judges are doing. They are creating the impression that it
\nwas the government who kept them quiet all this time. Maybe they
\ndid so out of self-interest."<\/p>\n
At this stage of the debate, what drove certain judges to be
\npro-government is a moot point. The only issue that interests
\nMalaysians is that an institution they hold dearly is on the
\nmend.<\/p>\n
The Mahathir administration has little choice. It can behave
\nlike the only member in a packed public gallery cringing every
\ntime a judge rules in favor of justice and marks another chapter
\nin the rebirth of a public institution.<\/p>\n
Or it can stomach some upsetting reversals in the courtroom
\nwith dignity, and withhold the temptation to reach for the stick.<\/p>\n
The second option seems more sensible. It could help the
\ngovernment convince "fence-sitters" -- and they number in the
\nmillions -- that the people who occupy Putrajaya are capable of
\nchange and reform.<\/p>\n
Surely, that victory will be sweeter than any in the
\ncourtroom.<\/p>\n
-- The Straits Times\/Asia News Network<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/kl-judiciary-reasserts-itself-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }