Joint Press Statement
Restore Public Trust in the Judiciary
25 September 2007

 
Women’s groups call for all Malaysians to stand together and strongly protest the constant assault and erosion of the independence of the Judiciary. Public perception and confidence within local and international communities have been eroded over many years. There is a strong perception that court decisions are based on shifting political powers, political interference and private interests in the attempt to exert economic, social, political and religious pressures on the judges. 

The perceived deterioration in the independence of the Judiciary and lack of adherence to the Rule of Law must stop now.

Here are some examples of the assaults and allegations against the independence of the Judiciary:

1. 1988 witnessed the sacking of Tun Salleh Abbas, the former Lord President and two other Supreme Court judges;
2. Around that same time, Article 121(1) of the Federal Constitution was amended to make the judiciary subordinate to the Legislature (i.e. the Parliament). This is contrary to the doctrine of Separation of Powers where the Legislature, the Executive and the Judiciary should be of equal stature. It is important to maintain the separation of powers between the three arms of government so that each branch can act as a check and balance against totalitarianism;      
3. In the Vincent Tan suit against M.G.G. Pillai, Dato V.K Lingam was Vincent Tan’s counsel. There were allegations that Dato VK Lingam had cultivated inappropriately close relations with the Honourable Chief Justice of Malaysia Tun Eusoff Chin by getting the said Honourable Chief Justice and his family on a New Zealand holiday together with his family from 22.12.94 - 30.12.94 (NST, 31 January 2007);   
4. In the Ayer Molek Rubber Company case, a High Court Judge said that the Federal Court panel that heard the case was illegal and unconstitutional. Again, Dato V.K. Lingam was involved in this case. This case also witnessed the resignation of a High Court judge, Syed Ahmad Idid, after he published a 33-page pamphlet accusing colleagues in the judiciary of corruption, abuse of power and personal misconduct (Asiaweek, 26 July 1996);
5. The conviction of Anwar Ibrahim raised many questions about the judicial process; and
6. The change of judges in the murder trial of Altantunya which involved many high profile men in power was worrisome. Among the matters was the change from a more senior judge to a judicial commissioner to hear the case. 

The recent exposé of a video tape, featuring an alleged telephone conversation made by Dato VK Lingam to broker the appointment of judges, is the latest scandal.. The Lingam video (as it is now known), if its veracity is proven, illustrates dishonesty, deceit, and conspiracy among those who wield enormous power.

The Women’s Groups echo the call by the Bar Council for a Royal Commission to be set up immediately to investigate the matters raised in the Lingam video and to also provide recommendations to restore public trust in the Malaysian Judiciary. It is also an opportune time for the Prime Minister to establish a Judicial Commission for the appointment and promotion of judges, as a first step to restore a transparent and just judiciary.

Signed by:

Maria Chin Abdullah
Executive Director

For and on behalf of women’s groups comprising:
Women’s Development Collective (WDC), Women’s Aid Organisation (WAO), Sisters in Islam (SIS), Empower (Pusat Janadaya), and All Women’s Action Society (AWAM)

Related News:

• CJ's 'judgement fixing caught on tape, video on youtube
• Shahrir: Judicial hangover from 1988 crisis, 25 September 2007, Malaysiakini
• Independent panel to probe Lingam tape, 25 September 2007, Malaysiakini
• Walk for justice ends with memo submission, 26 September 2007, Malaysiakini
• Media directed to downplay march for justice, 27 September, Malaysiakini