Stand Up, Speak Out

The Story
In March 1988, Salleh, the then Lord President, had written to the Yang di-Pertuan Agong on behalf of the judges expressing disappointment with accusations made by then Prime Minister Datuk Seri Dr Mahathir Mohamad (now Tun) against the judiciary. Two months later, Salleh was suspended; and High Court of Malaya Chief Justice Tan Sri Abdul Hamid Omar was appointed acting Lord President. Salleh was brought before a tribunal for misconduct. He filed a suit in the High Court and called the tribunal “unconstitutional”. He also applied for an interim stay against the tribunal. Initially, it was denied, until 5 Supreme Court judges convened and granted Salleh an interlocutory order against the tribunal. This order was later reversed. In August 1988, Salleh was officially removed from his post of Lord President. The five Supreme Court judges who granted Salleh the order: Tan Sri Azmi Kamaruddin, Eusoffe, Tan Sri Wan Hamzah Mohamed Salleh, Wan Suleiman and Seah were suspended. In October, Wan Sulaiman and Seah were sacked while the other 3 judges were reinstated. This series of events later became known as the judicial crisis of 1988, from which the judiciary has never recovered.

After Two Decades 
And after two decades, in April 2008, Prime Minister Datuk Seri Abdullah Ahmad Badawi called the six judges who were sacked or suspended in 1988 “towering judicial personalities” in the Bar Council dinner at the JW Marriot Hotel and said that the nation never fully recovered from the judicial crisis 20 years ago.Below are the excerpts of the few quotes from Pak Lah’s speech.
“For many, the events of 1988 were an upheaval of the nation’s judicial system. Rightly or wrongly, many disputed both the legality and morality of the related proceedings. For me, personally, I feel it was a time of crisis from which the nation never fully recovered.”

“For me and for many other Malaysians, these towering judicial personalities represent a very different era for the nation’s judiciary. Many felt that the judiciary then was a venerable institution which could be trusted to deliver justice. Some even hailed Malaysia’s judiciary as a model for other countries – independent and credible.”

“Let us move on. I do no think it is wise or helpful to revisit past decisions as it would only serve to prolong the sense of crisis – something our nation can do without. The rakyat wants movement and progress, not continuing strife.”

“For Tan Sri Eusoffe and Tan Sri Wan Sulaiman and their families, I know this sentiment is made too late. For Tun Salleh Abas, Tan Sri Kamaruddin, Tan Sri Wan Hamzah and Datuk George Seah, although this acknowledgement is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed.”

“Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope that you could accept this as a heartfelt and sincere gesture to mend what has been.”

There was no apology in Pak Lah’s speech but it did not matter. The regret and the admission of wrongdoing on the part of the executive were evident from the choice of words and the manner of delivery.   

Judicial Reform 
Apart from that Abdullah and his team in the Government made the first move towards the judicial reform by announcing that the Government would set up a Judicial Appointments Commission to identify and recommend candidates for the Bench, and strengthen the principle of separation of powers.He also announced that the Government will begin reviewing the salaries of judges with the aim of attracting and retaining the country’s best talent.

The question is, how long can Pak Lah be persistent?