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Media Statement (3) by Lim Kit Siang in Parliament on Wednesday, 6th
February 2008: Six-month extension of Abdul Hamid�s tenure as
CJ the only bright spark in desolate wasteland of judiciary highlighted
by three weeks of public hearing of RCI on Lingam Tape The report of the expected six-month extension of Datuk Abdul Hamid
Mohamad�s tenure as Chief Justice from April 18 to Oct 17 this year is
the only bright spark in a desolate wasteland of the judiciary
highlighted by three weeks of public hearing of the Royal Commission of
Inquiry into the Lingam Tape. After the three-week public hearing of the RCI into the Lingam Tape,
the integrity, honour and reputation of the previous four highest
judicial officers of the land � the occupant of the office of Chief
Justice previously known as Lord President � spanning two decades had
been dragged through the mud. Nobody would dared imagine just one month ago that national and
international confidence in the judiciary, which has reached
unprecedented lows in the past two decades, could plumb new depths �
but this is what happened since the RCI public hearing on 14th
January 2008. Last Thursday, a glowing tribute was rightly given to the former
Court of Appeal President, Tan Sri Abdul Malek Ahmad by retired Court of
Appeal judge K. C. Vohrah who said: �He was the chief justice that the
country should have, but never had�. Unfortunately, there are more than two persons whom Malaysians could
rightly point to and say: �He was the chief justice that the country
should not have, but had.� It is most fortunate that Abdul Hamid is now the Chief Justice as he
could hold his head high as the highest judicial officer of the land
despite the judicial mud exposed to public light in the past three
weeks. The very fact that the current chief justice Datuk Abdul Hamid
Mohamad is neither a �Tan Sri� nor �Tun� is the best illustration that
he is an �accidental Chief Justice�, not because he lacks merit,
capability and temperament to be Chief Justice, but because the
powers-that-be who acted unconstitutionally in deciding the highest
judicial appointments never intended him to be Chief Justice. It is an indictment on the national integrity and the system of
governance in Malaysia that the Prime Minister, Datuk Seri Abdullah
Ahmad Badawi and the Cabinet cannot shake off their denial complex that
something very wrong and rotten had afflicted the judiciary system in
the past two decades and to admit the urgent need for root-and-branch
judicial reform. The Chief Secretary Tan Sri Mohd Sidek Hassan has recently been
dragooned to become the Chief Propagandist of the Barisan Nasional in
the run-up to the next general election � about the efficiency of the
public service delivery system. One of the things Mohd Sidek had been boasting is on �ethnic
diversity in government� � that �it doesn�t matter if its all women or
Indian or Chinese. We go for the best.� Can Mohd Sidek or the Prime Minister explain why for the first time
in the nation�s 50 year history, there is not a single Chinese on the
Federal Court for the past 20 months? The last Federal Court Judge vacancy should have been filled by a
qualified Malaysian Chinese to maintain a fully multi-racial Federal
Court but this was not done. Instead, the vacancy went to Tan Sri Zaki
Tun Azmi, so that he could become the first Umno Chief Justice in
Malaysian history! Zaki took a triple jump last September to become Federal Court
judge without ever being High Court or Court of Appeal judge � followed
shortly after with a quadruple jump up the judicial hierarchy to become
Court of Appeal President. Can the Prime Minister or the Chief Secretary justify Zaki�s
appointment as in accordance with best international practices of an
efficient, accountable and world-class public service delivery system? *
Lim
Kit Siang, Parliamentary
Opposition Leader, MP for Ipoh Timur & DAP Central Policy and Strategic
Planning Commission Chairman |
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