Judicial Reform

Atonement, 2 decades later, for 6 'towering personalities'

Malaysian Insider,April 17, 2008

KUALA LUMPUR, April 17 — Prime Minister Datuk Seri Abdullah Ahmad Badawi tonight called the six judges who were sacked or suspended in 1988 "towering judicial personalities" and said that the nation never fully recovered from the judicial crisis 20 years ago.

There was no apology in his speech but it did not matter. The regret and the admission of wrongdoing on the part of the executive were evident from the choice of words and the manner of delivery.

"For many, the events of 1988 were an upheaval of the nation's judicial system. Rightly or wrongly, many disputed both the legality and morality of the related proceedings. For me, personally, I feel it was a time of crisis from which the nation never fully recovered," he said.

The Bar Council, which had waited and fought two decades for this day, greeted the speech with robust applause.

Looking on stoically were the judges and family members. In the audience was former Lord President Tun Salleh Abas, who was sacked in 1988 after a tribunal convened by the government found him, Datuk George Seah and the late Tan Sri Wan Suleiman guilty of misconduct.

Seah is ill while Wan Sulaiman was represented by Puan Sri Siti Nurhayati and his son Wan Noor Azli. Three other judges were suspended in 1988. Tan Sri Azmi Kamaruddin was present tonight but Tan Sri Wan Hamzah was absent. Tan Sri Eusoffe Abdolcadeer was represented by his granddaughter Brenda Lim and her husband.

"For me and for many other Malaysians, these towering judicial personalities represent a very different era for the nation's judiciary. Many felt that the judiciary then was a venerable institution which could be trusted to deliver justice. Some even hailed Malaysia's judiciary as a model for other countries – independent and credible," said Abdullah.

The PM said that the 1988 episode had been debated for many years but felt that judicial reform was only possible if a line was drawn under the event and everyone moved on.

"Let us move on. I do not think it wise or helpful to revisit past decisions as it would only serve to prolong the sense of crisis – something our nation can do without. The rakyat wants movement and progress, not continuing strife," he said.

He said that the government wanted to put on record the contribution of the six judges to the country and their commitment towards upholding justice and to acknowledge the pain and loss they have endured.

"For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this sentiment is made too late. For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Datuk George Seah, although this acknowledgement is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed," he said.

Abdullah said that in recognition of the contributions of the "six outstanding judges", the Government has decided to make goodwill ex gratia payments to them.

"Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope that you could accept this as a heartfelt and sincere gesture to mend what has been," he said.