Media Statement
Justice in Double Jeopardy
Dzaiddin through his honest admission and appraisal of the status of the judiciary, promised, as his priority, to restore public confidence in the judiciary and mend fences with the Bar so that the courts would serve the cause of justice without fear or favour.
The fact that this new dawn held out by Dzaiddin was dashed so soon and so cruelly mocks us in our face that ordinary Malaysians have no right to look forward to anything as far as the judiciary is concerned.
It is difficult to reconcile how Mohtar could be appointed as a Federal Court judge when he was so bitterly embroiled in controversies that had undermined people's confidence in our system of justice and tarnished the image of the judiciary. He had generated so much acrimony and anger among the vast majority of Malaysians in what was honestly believed to be selective prosecutions.
He has not come clean why Lim Guan Eng was prosecuted and Rahim Thamby Chik was spared in spite of the confession of an under-aged girl claiming in open court that Rahim had sex with her. He has not convinced us why Irene Fernandez has to be charged for false publications while clearing Justice Idid for a similar offence, which had a far more profound implication on the entire judiciary. Idid's letter condemned and implicated 12 judges by citing 112 serious allegations of corruption and malpractice. He did not and dared not prosecute Raphael Pura for alleging that lawyer V.K. Lingam wrote parts of the judgement of a judge in his defamation case.
Nobody believed his impartiality when he prosecuted Lim Guan Eng, Irene Fernandez and Karpal Singh for sedition; nobody had the slightest respect for his chambers when he pressed charges against Zainur Zakaria and Manjit Singh for contempt. All these cases only confirmed that the ugly hands of politics were very pervasive in our system of justice which was manipulated as a political tool.
Mohtar's very appointment seems to suggest a political reward. When asked if he was surprised by the appointment, he answered, "I have served the government and if my service is needed, I will accept." He did not say he had served the case of justice but only served the government which essentially meant the prime minister and the executive and that is very significant.
He made Malaysians a laughing stock by having a soiled mattress dragged into court for 27 days; he bewildered Malaysians when he could not be exact in the date of sodomy in Anwar's trial yet proceeded with his case.
Malaysians are asking what has happened to the Maika Holdings and the Perwaja cases; what has happened to the numerous police reports made by Anwar alleging corruption and abuse of power by Dr. Mahathir; what has happened to the several cases of shooting and killing by the police involving a pregnant Indian woman and others; what has happened to the Opposition police reports alleging police brutality? All these cases only confirmed the perverse selective prosecution practised by him.
His very conduct had brought irreparable disrepute and damage not only to his office but to the entire system of justice. Photographs of him holidaying with lawyer V.K. Lingam circulating in the Internet has raised serious questions of ethics and integrity. Many perceive this as scandalous and unbecoming conduct.
His role and conduct in the recent high profile cases not only revolted Malaysians but had outraged the international legal community and intelligent thinking around the world. With reference to the Anuar Ibrahim trial, a mission - appointed by four well known and highly respected international organisations for lawyers - concluded: "From our consideration of the case and the surrounding circumstances, we are of the view that the concerns raised in Malaysia and the international community are fully justified".
Consequently Mohtar's appointment as a Federal Court judge goes against the new CJ's intention to restore public confidence in the deeply wounded and scarred judiciary. If Mohtar has the interest of the judiciary and the cause of justice at heart, he should immediately resign. This act of his would go a long way in restoring public confidence in the judiciary
To continue to hold on to this prestigious position in spite of the controversies surrounding his earlier role as AG makes no sense. In fact it places justice in double jeopardy.
We hold Dr Mahathir directly responsible for this absurd situation.
It is our Malaysian tragedy that Mahathir in his "couldn't be bothered" attitude, has gone against the national sentiment to reward Mohtar. What outrages Malaysians does not concern him. He must have his way. However, Malaysians must realise that Mahathir is there because of our votes. This is an equally absurd situation. We must decide whether he should continue to be there and make a mockery of our system of justice.
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The appointment of former Attorney-General Mohtar Abdullah as a Federal Court judge, some three weeks after his retirement from his office, has shattered whatever hope that was raised by the appointment of Mohamad Dzaiddin Abdullah as the Chief Justice of the Federal Court.