PERMIT FULL BENCH TO HEAR LIM GUAN ENG’S CASE

Aliran is very disappointed that an application by Kota Melaka MP Lim Guan Eng to have a nine-man bench hear his appeal against the Court of Appeal’s decision has been rejected.

Aliran is also disturbed that the Chief Justice of the Federal Court, Tun Mohd Eusoff Chin, did not give any reason for this decision.

In view of the importance of the case and its implications it would be in order for the public to expect a justifiable reason for his refusal to Guan Eng’s fair request.

Aliran would like to publicly urge the Hon’ble  Chief Justice of the Federal Court, Tun Mohd Eusoff Chin, to reconsider his decision and allow a full bench to hear Guan Eng’s appeal.

In acceding to this fair request, the Chief Justice will be enhancing the prestige and confirming the impartiality of the Malaysian Courts in hearing cases without fear or favour.

Guan Eng’s case, rightly or wrongly, has been viewed as something motivated by political considerations - and with some justification too - because others who are similarly placed as Guan Eng had not been prosecuted for reasons known only to the authorities.

Not only Malaysians but others outside the country are convinced to some degree that Guan Eng is a victim of selective prosecution.  And unless Guan Eng’s fair request is allowed, this perception will persist, tarnishing our system of justice.

What is at issue is the right of an elected representative to articulate not only the aspirations of Malaysians but to express outrage on their behalf when a wrong is committed blatantly.

An issue as significant as this must be considered by a full bench and deserves not only their total attention but also their collective wisdom for a fair decision.

In view of this, Aliran would like to appeal to the Hon’ble Chief Justice of the Federal Court, on behalf of all thinking, feeling and caring Malaysians, to reconsider his decision and allow a full bench to hear Guan Eng’s case, not only in the interest of justice, but also to restore confidence in the judiciary.

P.  Ramakrishnan
President
30 July 1998