Open Letter by Karpal Singh in Kuala Lumpur on Wednesday, 27^th May 2009:

Open Letter to Prime Minister of Malaysia on position of Tan Sri Tun Azmi as Chief Justice of Malaysia

27th May, 2009

The Right Honourable Prime Minister, Malaysia                                                 OPEN LETTER
Datuk Seri Mohd Najib bin Tun Razak                                                                  Urgent
Prime Minister’s Department.                                                                                By Hand

Putrajaya

Datuk Seri,

Re: Position of Tan Sri Zaki Tun Azmi as Chief Justice, Malaysia

I write to you in the public interest.

Owing to your recent pronouncements after taking over the helm of Government from your predecessor, Tun Abdullah bin Haji Ahmad Badawi, it is my earnest hope that I will get a positive response from you to this letter unlike your predecessor having chosen to completely ignore my open letter to him dated 8th December, 2008 on the position of Tan Sri Zaki Thu Azmi as Chief Justice, Malaysia. Extended herewith is a copy of the said letter. It is a matter of regret that Tun Abdullah Badawi had not responded to my letter despite the dire necessity of evaluating afresh the appointment of Tan Sri Zaki in the light of his admission of corruption in 1987 when he was a practising lawyer.

It is on record in the form of the public admission by Tan Sri Zaki on 7 November, 2008 in Kuching that he had committed an act of corruption after having been blacklisted by staff in the court registry as will be clarified hereafter.

The NST of 8^th November, 2008 reported Tan Sri Zaki’s admission in the following terms,

‘It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were attended to.

That was my personal experience, and I am telling this to all the clerks and all the registries to stop this nonsense.’

This admission of corruption amounts to an offence under the Prevention of Corruption Act, 1961 which was then in force.

Tan Sri Zaki issued a clarification appearing in the NST of 9^th November, 2008 as follows:-

‘I refer to your report on page 4 [of the NST of 8.11.2008] headlined, Stop it now, corrupt court staff warned.

Your reporter must have interpreted what I said which is during that period there was corruption in order to get things done at the court registry, as I myself having done it. I have never in my life bribed or received any bribe.’

The clarification by Tan Sri Zaki is an unadulterated lie for the reason that it is contradicted by the audio recording of what was said by Tan Sri Zaki in Kuching. I have made public that recording both in Parliament and at a press conference at the lobby of Parliament.

On 13^th November, 2008 I lodged a police report against Tan Sri Zaki for having committed an act of corruption in 1987. No action has been taken on my report by the police. This in itself is scandalous. A copy of the police report is extended herewith.

I have made several attempts to bring up the matter in Parliament, including on two occasions presenting a motion to discuss the conduct of Tan Sri Zaki under Article 127 of the Federal Constitution,

‘The conduct of a judge of the Federal Court, the Court of Appeal or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that House, and shall not be discussed in the Legislative of any State.’

As expected, Parliament has not lived up to my hope to have the motions debated.

On 16^th December, 2008 I wrote an open letter to Tan Sri Zaki [copy of letter extended herewith] calling upon him to step down as Chief Justice on the ground that he had been guilty of corruption.

Tan Sri Zaki has not responded to my letter and to my public demand to him that he steps down as Chief Justice.

I have publicly challenged Tan Sri Zaki to sue me for defamation if there was no truth in my allegations against him. Here again, he has not dared to pick up the cudgel.

The judiciary is the third arm of Government of which you are the head of the Executive. It goes without saying that the judiciary cannot afford to have a Chief Justice who is corrupted and proven to be a liar.

I have no doubt in my mind that Tan Sri Zaki does not command the respect of his brother/sister judges. His position as Chief Justice has become untenable. However, despite the obvious truth in my allegations, no one is prepared to be brave enough to bell the cat!

Your public commitment to transparency and the will to effect change should logically mean the immediate removal of Tan Sri Zaki as Chief Justice. The public interest demands it. You cannot, and should not, ignore the public interest because such ignorance will not enhance your public image and the public expectations of you which are very high. You must walk the talk.

I am prepared to meet up with you to discuss Tan Sri Zaki’s position as Chief Justice. I am prepared to bring along the audio recording of what transpired in Kuching which, clearly, reflects corruption on the part of Tan Sri Zaki and his being guilty of publicly perpetrating a lie which are traits unknown to one holding the exalted position of Chief Justice. It is impossible for one who is corrupted, in addition to have been proven to be a liar, to expend justice.

Foreign investors expect a judiciary which is incorruptible. That expectation should not be defeated with Tan Sri Zaki continuing to adorn the position of Chief Justice.

I hope you will extend me a favourable response and not choose to ignore what I have revealed to you in the form of this open letter.

I am prepared to take the risk of being sued by Tan Sri Zaki for my allegations against him. I stand by the truth. Tan Sri Zaki appears to want to ignore the truth. You, as Prime Minister, should be brave enough to side with me to ensure that the truth prevails. My being an Opposition Member of Parliament should not make any difference to your siding with what is the truth.

Yours faithfully,

.....................
KARPAL SINGH
DAP NATIONAL CHAIRMAN
MP FOR BUKIT GELUGOR

* Karpal Singh, DAP National Chairman & MP for Bukit Gelugor