Monday, December 1, 2008

Elegant silence from the Bar ?

Stitched shut ?

I am back. A little late in updating this blog......sorry ya! Anyway I am back!
I am starting off by saying that the "elegant silence" by the Bar regarding Tan Sri Azmi's alleged bribery episode in the past is most disappointing. As a member of the Bar I would have thought that the Bar would have taken a more vigorous stand against the new CJ's alleged statements made to the press. I am reproducing here the response by the Bar president's press statement regarding this issue.
The Bar Council is not unfamiliar with criticism, calls for the resignation of its members and other attacks against it.
A few weeks ago, the Bar Council was said to be too political with an implication that we were pro-Opposition. Today a member of the Opposition has launched an attack against us calling for our members to resign over two issues with an implication that we are pro-Government. This in itself evidences our independence.
In respect of the matter of the Chief Justice having allegedly stated that he had bribed court staff when he was in practice, the Chief Justice subsequently issued a denial on 9 November 2008. We have not heard nor seen any evidence to contradict this denial and it would be wholly inappropriate and unfair, in these circumstances, for the Bar Council to take the position suggested by Mr Karpal Singh. This accords with the best traditions of the Bar not to prejudge any issue and to afford everyone a fair chance to be heard.
As for the dinner held in April 2008, the Bar Council viewed this as a positive step forward in the reform of the Judiciary as it was at this dinner that there was a public acknowledgement by the Government of the injustice of the 1988 crisis upon the dismissed Judges. We viewed this and other announcements made by the Prime Minister as meaningful and positive steps towards judicial reform which we believe are critical.
DatoAmbiga SreenevasanPresident Malaysian Bar
2 December 2008
I am sorry Dato, but I cant disagree with you more here. The question is... Did he bribe or did he not ? Did he make those statements or not in the first instance ? I am of the humble opinion that the statements/clarifications that the CJ made later was not very clear and ambiguous at best. I believe that the post of the CJ should only be occupied by someone who has been cleaner than clean( past, present or even in the future). Dato ...no one is prejudging the CJ..I think what is being sought here is for investigations to be commenced against the CJ. If he is cleared then that is the end of it. But to say just because he had "clarified" the matter is utter bollocks! If that were the case all we need to do is ask for "clarifications" from all the individuals charged in court for alleged criminal acts. If they deny the allegations then that's the end of the matter is it ? Sorry Dato I am not with you on this score.
As for the dinner hosted by the Bar and paid by the Government.... sorry I am equally not with you on this score. We are an independent body. Period. We do not need any one to pay for our dinners, be it opposition or the government. We are apolitical. And that it. No compromises here. Your feeble attempt in trying to justify the ends is simply disappointing. The ends do not justify the means. If you have not noticed all the talk about reforms to the judiciary is just that...JUST TALK!
M V Nathan

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