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Letter to Prime Minister to suspend Ahmad Fairuz as Chief Justice and establishment of judicial tribunal to investigate into the serious allegations of judicial misconduct highlighted by the Lingam tape made public by Anwar yesterday
(Parliament, Thursday): I have written to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking him to invoke Article 125 of the Constitution to suspend Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice and to establish a judicial tribunal to investigate the serious allegations of judicial misconduct against him as highlighted by the Lingam tape made public by Datuk Seri Anwar Ibrahim yesterday.
In my letter, I quoted Article 125(3) which reads:
The Lingam tape has sparked the latest crisis of confidence in the independence, impartiality and integrity of the judiciary stemming from grave judicial misconduct.
As the allegations of judicial misconduct are of very grave character affecting the perversion of justice, I also asked the Prime Minister to invoke Article 125(5) which reads:
I said in my letter to Abdullah that with the appointment of an Acting Chief Justice, concerted efforts must be made to restore public confidence in the independence, impartiality, professionalism and integrity of the judiciary.
I also stressed that the time has not only come for the establishment of a Judicial Appointments and Promotion Commission to assist the Prime Minister to ensure an accountable, transparent and meritorious appointment and promotion of judges but also for a Royal Commission of Inquiry to propose institutional reforms to ensure that Malaysians enjoy a truly independent judiciary and a just rule of law.
Under Article 125(4), a judicial tribunal “shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a High Court or, if it appears to the Yang di Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonweatlh, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership”.
Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic
Planning Commission Chairman