Yes Minister?

Last Sunday Dato Zaid Ibrahim, the newly appointed Law Minister, proposed that the government should apologise to the judges that were involved in the 1988 judicial crisis. He said the government should seek forgiveness as in the eyes of the world, the judicial crisis has weakened our judiciary system. This open apology would be one of his three main goals. Others being - revamping the appointment and promotion process of judges, and to strengthen the judiciary with the cooperation from all stakeholders eg Bar Council, AG Chambers etc. Bravo Minister Zaid. I applaud you. You seem to know what are the issues and concerns in our judicial system. Why wouldnt you. You were chairman of Zaid Ibrahim & Co, the largest law firm in the country.

The way i read your proposal is this - the rejuvenation (i like this word) of our judiciary system could not start without an open apology from the government to the judges involved. However, at the same time, you also said there is no need to re-open the case and have a judicial review. Now i am confused. I am not a lawyer. So i may sound stupid. Why should the government apologise for something that was decided through the legal process?

In 1988, i was 14 years old. So like any other teenagers, i was more self absorbed in my own world and didnt care much of the so-called crisis. Sports especially football was no. 1 priority. But i do remember this. The judges were 'tried' by judicial panels, (panel members being their peers) formed according to the law. They were found guilty and 'sentenced' accordingly. So as far as i am concerned, they were given due process. All done as required by law. Having said that, i have to confess. I have read 'May Day for Justice" - a book written by Tun Salleh Abas on the 1988 judicial crisis. Read it in my twenties, after i had out-grown football and the rest. There may be some truths in what Tun Salleh wrote. Who knows. The point is whether that would render the whole process invalid? And the sentence void. Thus a miscarriage of justice. I dont know. All i am saying is that i dont understand why you propose for an open apology without having a judicial review first to ascertain the legality of things? That does not make sense at all. I thought lawyers work on fact, and not sentiment. Confirm the facts and then decide. Otherwise, there would be many apologies awaiting the government. Why this particular case? Why not also apologise to former ISA detainees? Then writing apologies would be your full time job for the next four years. Unless you want to open a floodgate, let's just move on. You have things to do, remember?

One more thing. You also said that Prime Minister Abdullah Badawi is serious about revamping the judiciary and making it transparent. Then tell me this. Why did he appoint Tan Sri Zaki Azmi as a judge? Let's not argue on technicality. Yes, Agong appoints judges. But on the advice of the Prime Minister. Tan Sri Zaki Azmi was appointed straight to the Federal Court, (highest court in the country) bypassing two levels - Hight Court and Court of Appeal. Then some 3 months later, promoted to President Court of Appeal, (second highest post in the judiciary) again bypassing 2 levels - Chief Judge of Sabah & Sarawak, and Chief Judge of Malaya. As the current Chief Justice is due to retire this year, he would most certainly be the next one, occupying the position his father did many years ago.

Before his elevation, Tan Sri Zaki was the deputy chairman of UMNO's Disciplinary Committee. The committee which handles disclipinary cases in umno, including money politics. He was also active in the corporate world, with directorships in few companies. Incidently, he was in the limelight back in 2005 for a wrong reason (can refer to NST 6 Aug 2005. interesting read.). He was seeking a declaration in the Syariah Court that his second marriage is null and void. Apparently, he married his second wife in Perlis, presided by a kadi from Thailand. Things didnt work out with the second wife and thus the case in the Syariah Court. Dont know what is the status of the case now.

He may have all the legal knowledge. But he is too close to the corridors of power for comfort. And the speed of his elevation and promotion raised more than the eyebrows. So Minister Zaid, is Prime Minister Abdullah Badawi really serious about restoring the confidence of the rakyat in our judiciary? Certainly not with this appointment. Win me over, and i will support you.