My Lord...

from: thestar.com.my

Former judge hits out at Dr M
by Audrey Edwards

KUALA LUMPUR: A retired Federal Court judge has lashed out at Tun Dr Mahathir Mohamad alleging that the former premier had wanted to amend Article 121 of the Federal Constitution because he wanted the judiciary to be under his control.

“I believe the Prime Minister at the time wanted to become a dictator; I may be wrong but this is my conclusion,” Tan Sri Azmi Kamaruddin yesterday told reporters after receiving ex-gratia payment from the Government for the pain and loss he suffered during the 1988 judicial crisis.

Previously, Article 121 stated that judicial power of the Federation was “vested in a Supreme Court and such inferior courts as may be provided by federal law” but it was replaced in 1988 to place the courts’ jurisdiction in the hands of Parliament.

Azmi, 75, who received the payment from de facto law minister Datuk Zaid Ibrahim, said: “He wanted to amend Article 121 which calls for the separation of powers. He already headed the Legislature and Executive. Now, he also wanted the judiciary under him.”

Adding that Dr Mahathir was “very clever” and always “killed two birds with one stone”, Azmi alleged that Dr Mahathir’s agenda was tied to the Umno 11 case involving then Umno vice-president Tengku Razaleigh Hamzah whose supporters had challenged his post as Umno president.

“With the judiciary under him, he could tell judges what to do. I am sure he will deny it,” said Azmi who was among six judges involved in the judicial crisis two decades ago.

Tun Salleh Abas, sacked as Lord President of the then Supreme Court (renamed Federal Court in 1994), also received his payment yesterday. The others who have already accepted the undisclosed payment were then Supreme Court judges Tan Sri Wan Hamzah Wan Mohamed Salleh and Datuk George Seah.

Compensation was also given to the families of the late Supreme Court judges Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh.

Azmi broke down and cried when he started talking to reporters at his house. He said his remaining 10 years as a judge were the worst days of his life where he only heard “simple cases” and lost the opportunity of being promoted.

“It (the payment) brings to an end the shameful episode of 1988.”

my thoughts:

judges are a special breed. they have to be intelligent, impartial, patient, and most importantly - just. they must also practice restraint whenever they are criticised by other parties. they lead a quiet life. away from public spotlight. and limit their social sphere.

i have great respect for judges. they are actually our protector - guarding and upholding our constitution. they perform a balancing role, providing stability and completing the triangle of government - executive, legislature and judiciary.

as such, i am mindful when i write about judges. but i have a number of issues with the ex gratia payments to judges.

ONE. as i mentioned before, i disagree with the ex gratia payment to the judges involved in the 1988 judicial crisis. my reason is simple. if the government felt that terrible injustice had been inflicted upon these judges, a new inquiry should have been set up to review the findings of the original tribunal. prove to us - the rakyat, that such act of injustice had actually happened. acting arbitrarily without the necessary due process is the act of an irresponsible government.

plus, if the government is truly sincere to clear the names of the judges, they should have gone all the way ie publicly apologise to the judges and reinstate their full entitlements. not just a one-off payment. why stop there rite?! go all the way.

TWO. with due respect to TS Azmi Kamaruddin, i have to ask this. why is he getting the ex gratia payment? yes he was suspended during the 1988 episode. but he was reinstated and served till his retirement. same goes to TS Eusoff and TS Wan Hamzah - they were both reinstated. not that i agree, but i understand why payments were made to Tun Salleh, TS Wan Suleiman and Datuk George Seah. they were removed from the judiciary and lost all. one could only imagine what they went through.

so on what basis? yes as stated, TS Azmi lost the opportunity for promotion to higher judicial office. implying that he was put in 'cold-storage' after the 1988 episode. if that is the basis, then the government should also make payments to other government officers who were put in 'cold-storage' and bypassed for promotions by their bosses. it would only be fair.

THIRD. i totally do not understand the stand taken by the government not to disclose the amount paid to the judges. this secrecy is not befitting of a transparent government. this is public's money! not your own piggy bank. that you could do whatever you want without telling us the rakyat.