(The Selangor Chinese Assembly Hall, Monday): Our charming and learned Chair, Distinguished and notable speakers of the panel, upright and respected ladies and gentlemen of our audience,

We are greatly honoured by your presence tonight for this forum on momentous events that took place 18 years ago in May 1988 that changed not only the face but also the spirit and character of the judiciary. The establishment of two unprecedented tribunals under Article 125 of the Federal Constitution did not end merely with the removal of the Lord President Tun Salleh Abbas and two of his brother judges in the Supreme Court, Datuk George Seah and the late Tan Sri Wan Suleiman Pawaanteh.

The events leading to the tribunal and beyond will be covered extensively by our eminent speakers who needs no introduction including Minister in the Prime Minister’s Department, Datuk Seri Mohamad Nazri Abdul Aziz, who has a deserved reputation as the most ferocious and eloquent speaker from the BN ministerial bench, Parliamentary Opposition Leader Lim Kit Siang, DAP National Chair Karpal Singh, Malaysian Bar Council Chair Yeo Yang Poh, HAKAM President Malik Imtiaz and Tommy Thomas, counsel for former Lord President Tun Salleh Abbas.

The physical removal of the 3 judges was followed by a relentless assault on judicial independence in Parliament when the constitutional amendments to Article 121(1) that eliminates the inherent powers and jurisdiction of the courts by removing judicial powers previously vested in them came into force on 10 June 1988. These twin assaults fundamentally affected the concept of separation of powers and the freedom of the judiciary to enforce fundamental rights. The International Bar Association had this to say,

‘This amendment fundamentally disturbs the concept of the separation of powers and affects the ability of the judiciary to enforce fundamental rights. It tends to make the judiciary an arm of the legislature, an instrument of the executive.”

DAP wishes to acknowledge the Malaysian Bar Council Chair Mr Yeo Yang Poh for re-igniting the call re-examine the 1988 judiciary crisis. The intense public interest generated traversed the legal fraternity, reflecting the public general concern at the tenuous state of the independence of the judiciary, separation of powers and rule of law in Malaysia as well as the gross injustice done to the 3 judges.

Many jurists traced the domination of the Executive over the Judiciary from this crisis whilst others differ claiming that the judiciary is still as independent as ever. Whether the rule of law or rule by fiat is ascendant, a public discourse by both opponents and supporters would be beneficial for democratic debate and to distil the truth from these events 18 years ago whether justice was done or that for justice to be finally done a review is required. My hope is for us to restore judicial independence back to its heydays of pre-1988 - your voice and views tonight shall show us the lead.

DAP believes that this debate held in the spirit of democracy will encourage differences of opinion to be discussed based on logic, reason and of course the law. More importantly it will also allow the public to participate and seek accountability for this momentous event in Malaysian history.

Tonight’s forum is unique in that the speakers will have strongly held opposing views. But democracy respects such diversity of opinions. Whilst we remember Voltaire’s advice that “It is dangerous to be right when the government is wrong”, we should not forget his famous words of freedom of expression that “I disapprove of what you say, but I will defend to the death your right to say it”.

In this spirit of freedom and justice, let the forum begin.

(11/09/2006)