Wednesday, September 26, 2007

Royal Commission more appropriate

The government should go one step further

The setting up of an independent panel to probe the Lingam tape is a positive step indicating the government recognizes that there is a problem. It is encouraging to realize that it is giving in to the people’s demands although it may fall far short of what is required or expected – a Royal Commission.

There are 2 aspects to the tape scandal; the authenticity of the tape and the truth of the allegations contained in it. The panel set up should probe both these aspects and not just confine itself in establishing the authenticity of the tape only. Irrespective of whether the video is genuine or otherwise, it has highlighted the need for a comprehensive review of the procedures for the promotion of judges in the country.

The tape scandal is just one of the many indicators of the long process of rot taking place in our judiciary since the crisis in 1988 when the then Lord President Tun Salleh Abbas was sacked. It was the beginning of the loss of independence of our judiciary and its increasing subservience to the executive.

The video recording implicating a prominent lawyer purportedly brokering the appointment of judges, if proven true, is a very serious offence that deals a deadly blow to the integrity of our judiciary and the system that delivers justice to the rakyat.

The government must take this matter very seriously and leave no stone unturned to investigate these allegations with dire urgency. It should not mislead the public into tracing the origin of the tape and punishing the person responsible for its release. The motive for release of the video is irrelevant but the truth or otherwise of the allegations in it are.

We are often told by judges themselves that justice must not only be done but it must also be seen to be done. Similarly the judiciary must be seen to be clean and independent in the eyes of the rakyat.Otherwise the very purpose of existence of the institution would be questionable.

Dr.Chris Anthony

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