The panel concluded that the removal of the Lord President, Tun Salleh, and the two Supreme Court judges, Tan Sri Wan Suleiman and Datuk George Seah were unjustified and unconstitutional. The following are extracts from her speech and from the report itself which is available here.
| Launch of the Report of the Panel of Eminent Persons to Review the 1988 Judicial Crisis in Malaysia There are many who take the view that the events of 1988 should be left in the past and that we should move forward. However, we believe that a process of truth and reconciliation is critical before we can move forward, as the injustices committed in 1988 cannot be left unresolved and unacknowledged in our history. We believe that this is an essential first step in the process of judicial reform. The purpose of this review must therefore be made clear. We need to learn valuable lessons in order that history does not repeat itself. As George Santayana once said, “Those who ignore history are doomed to repeat it.” We seek no punishment. We seek a correction of the record that now stands against these innocent Judges. We seek closure for these respected Judges. We seek closure for our nation. We would further like to state for the record that although three Judges were ultimately dismissed, six Judges suffered in all. Six Judges were suspended. The three who were ultimately reinstated suffered during their suspension and even when they were reinstated. They were never given due recognition for their flawless years of service on the Bench. Some were potential Lords President or Chief Justices but these positions eluded them. Needless to say, the Judges who were removed paid a heavy price for acting in accordance with their consciences. These Judges acted with courage in upholding the Rule of Law in the face of much adversity. ... I understand that this report is possibly the first of its kind ever to be written. I wish to thank the participating organisations – International Bar Association’s Human Rights Institute represented by Tuan Haji Sulaiman Abdullah; LAWASIA, represented by Mr Mah Weng Kwai, the President; and Transparency International-Malaysia, represented by Richard Yeoh and today by its President, Tan Sri Ramon Navaratnam – for sharing our vision and ideals. They did not hesitate for one moment when we invited them to participate. We are all proud to be associated with this endeavour. I wish to end by saying that, for all those who have faced injustices and continue to face injustices, “Let Right Be Done”. ...source |
| Extracts from Report of the Panel of Eminent Persons to Review the 1988 Judicial Crisis in Malaysia ... 23.1 On a review of the findings and the reports of the First and the Second Tribunals, and on consideration of the definition and meaning of ‘judicial misbehaviour’ as above, this Panel has arrived at the conclusion that the composition of the Tribunals, the process adopted by them, and the findings and conclusions arrived at against the Lord President, Tun Salleh, and the two Supreme Court judges, Tan Sri Wan Suleiman and Datuk George Seah, as well as their recommendation for removal of the Lord President and the two judges, were not justified or otherwise appropriate in the circumstances of the two cases. 23.2 Accordingly, the removal of the Lord President, Tun Salleh, and the two Supreme Court judges, Tan Sri Wan Suleiman and Datuk George Seah from their offices was unconstitutional and non est. ...source |
No comments:
Post a Comment