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For Justice, Freedom & Solidarity For Justice, Freedom & Solidarity PP3739/12/2007 ISSN 0127 - 5127 RM4.00 2007:Vol.27No.7 ~ page8page8~ Aliran Monthly : Vol.27(7) Page 1 ~ page40page40~ COVER STORY Redeem the judiciary: Appoint Royal Commission of Inquiry If we love justice, honour the rule of law; if fairness and truth means anything to us; then we must pay heed to the saying, “There is always time to make right what is wrong.” by P Ramakrishnan n independent judiciary AA is critical to the success AAA of the nation. It is an in- dependent judiciary that commands the respect and confi- dence of the people of a country and ensures the rule of law. With- out an independent judiciary there will be no fairness, no jus- tice, no truth, no accountability. It is for these reasons that we must insist on a judiciary that is not beholden to any individual or powers-that-be. A democracy is but a name and a sham without an independent ju- diciary. All the trappings of a de- mocracy and judiciary do not ‘All the guarantee justice or democracy. We have what is claimed as the trappings biggest courtroom buildings re- ferred to as the Palace of Justice of a and an imposing parliamentary democracy building termed as a first-class luxury. and judiciary But, as the explosive Lingam do not videoclip has revealed to the country, we do not have a ‘first guarantee class’ justice or democracy. It is justice or only a perception, an illusion and nothing more - no matter what democracy.’ Datuk Nazri may claim! Aliran Monthly : Vol.27(7) Page 2 EDITOR'S NOTE What are we focusing on in this issue? Correct! Cor- rect! Correct! It’s the explosive Lingam video clip CONTENTS and the impact it has had on Malaysian society. In our cover story, P Ramakrishnan asserts that eve- COVER STORY rything that could go wrong with the judiciary has ••• Redeem The Judiciary 222 gone wrong. The only way to redeem the judiciary, he ••• Politics Of Disappearance 555 argues, is to appoint a royal commission of inquiry with broad powers to look into all that ails the bench. ••• Aliran and Lingam's Tape 888 Yeo Yang Poh then warns us that ‘the politics of dis- ••• The Time Has Come For Us To Act appearance’ - the gradual disappearance of societal Decisively 131313 pillars such as justice, fairness, democracy and ac- countability - is flourishing in Malaysia. It is time for FEATURES Malaysians to banish such disappearances. ••• A Really Burok Shooting 141414 Meanwhile, the Coalition Against Health Care Pri- ••• Aliran Turns 30 191919 vatisation urges the Prime Minister to cancel the ••• 30 Years Of Aliran 232323 Full-Paying Patients scheme as it will affect the qual- ••• Plantation Giants Abdicate ity of care provided to the lower-income group. Jeyakumar Devaraj then calls for the law to be Responsibility 262626 amended to protect the rights and welfare of re- ••• Cancel The EPF Scheme 282828 trenched plantation workers. ••• Dog-catching Competition Scrapped 303030 ••• Is ‘Malay Cowardice’ Really The In our back cover story, Rustam Sani wonders if Problem?Problem?Problem? 404040 ‘Malay cowardice’ is really a problem as some once powerful Umno leaders suggest. To create a mod- ern, dynamic Malay society, he argues that Malay REGULARS society must first be freed from the shackles of forced ••• LettersLettersLetters 171717 homogeneity. ••• Current Concerns 33 In other piece, Rama recalls the ups and downs in the 30 years of Aliran. Those in Aliran were once OTHERSOTHERSOTHERS labelled and abused – but at the same time, they ••• Subscription Form 383838 also discovered the joy of standing up for justice ••• Aliran T Shirts 393939 and found what makes living worthwhile. Anil Netto meanwhile writes about another ‘alternative’ night to remember, coming so close as it did to the Published by official celebrations to mark 50 years of Merdeka. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) Remember, we are doing this for the interest of the 103, Medan Penaga, 11600 Jelutong, country, not for ourselves! God bless you and your family. Penang, Malaysia. Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang Aliran Monthly : Vol.27(7) Page 3 No independent Lingam was also accused of hav- lawyer was close to UMNO and judiciary ing written part of the judgment he was forced to resign as Chair- in a case he featured in. This same man of the Umno disciplinary When we have an independent Lingam was chastised soundly by committee when it was discovered judiciary, we can expect democ- the Court of Appeal in the Ayer that he had secretly taken on an- racy to prevail - because the ex- Molek case for his less than hon- other wife by marrying in Thai- cesses of the executive can be ourable role in this case. land. Is this the qualification that reined in and it can be held ac- was required to be appointed as a countable for its actions. Remember Justice Ajaib Singh Federal Court Judge, many won- who dragged his foot and delayed dered. Unfortunately, it is a widely held a decision that could have been perception that an independent ju- taken within the hour in the Salleh Taking all these promotions into diciary does not exist in Malay- Abas case thus interfering with consideration, let us ask why Sri sia. It has become, in the eyes of the process of justice? And how Ram was not elevated to the Fed- the many, an institution that does he was elevated to the Supreme eral Court? Compared to all the not uphold the Federal Constitu- Court soon after that! other appointments to the Federal tion and fails to deliver justice. Court, what was lacking in Sri Remember Justice Augustine Paul Ram that he was overlooked? He What has gone wrong? In one - though junior in rank, he was writes good, solid judgments and word: Everything! From the ap- transferred to KL to hear Anwar delivers on time. Was that held pointment of judges, to their pro- Ibrahim’s case. He shocked the against him? motions, from the perceived and entire nation with his conduct and stated instances of corruption in judgment. He is a Federal Court When first, someone said, “A good the judiciary, to the failure of de- judge now overriding many oth- lawyer knows the law but a great livering written judgments for ers who should have been consid- lawyer knows the judge” the im- years while the accused unfairly ered for promotion, mediate response was, “That’s continue to rot in jail; from the preposterous!” Now when that openly revealed occasion when Remember the public prosecutor same thing is said, the response the head of the judiciary had in- who tried to plea bargain a case is, “How true!” structed a judge to deliver a deci- involving Nallakaruppan with sion favouring the government to Manjit Singh to implicate Anwar It is a generally held belief that the time when an election judge Ibrahim so that Nallakaruppan’s the judiciary has become so cor- disqualified a duly elected MP charge, which carried a death rupted and perverted that it and questionably declared the sentence, might be reduced? The must be redeemed and rescued throughly defeated candidate as top legal officer of the court was from the morass of filth that it is duly elected in an attempt appar- suggesting that a lie be concocted bogged in. And the only saving ently to please the government as to do in someone who was seen grace for the judiciary is the ap- if he was returning a favour. as a danger man to the govern- pointment of a Royal Commis- ment. We are reminded of the say- sion of Inquiry. No other meas- If you think that this was not ing, “Give a bad name to a man ure will do and nothing else will enough dirt to spite the judiciary, and hang him!” save the judiciary. we can recall much more to fault the discredited judiciary. Remem- Perverted system If we love justice, honour the rule ber the holidays that the Chief Jus- of law; if fairness and truth means tice and the Attorney-General and Recently the nation witnessed one anything to us; if we seriously and their families spent with V K lawyer in private practice who sincerely obey the command- Lingam’s family in New Zealand was straightaway elevated to the ments of God, then we must pay and Italy respectively – which Federal Court over and above heed to the saying, “There is al- raised many questions and other deserving judges with a lot ways time to make right what is sparked a furore? This very of experience and expertise. This wrong.” q Aliran Monthly : Vol.27(7) Page 4 COVER STORY Politics of disappearance No justice for sale! No more vanishing tricks! by Yeo Yang Poh Lawyers walking for justice do not understand why the streets of Yangon and from the Truly, in such matters of funda- II so many people are mes- psyche of the Burmese people. mental rights, Malaysia performs III merised by Houdini’s “Go home or be shot” was the better than some countries, such acts of making huge ob- health warning released by the as Sierra Leone, Zimbabwe, jects seemingly disappear.
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