Call for Judicial “Truth and Reconciliation” Commission into the 1988 “Mother of Judicial Crisis” and two decades of judicial darkness as the victims of the ravages to the justice system were not just the six wronged judges but the Malaysian people and nation which cannot be computed in monetary terms

I was disappointed by the speech of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi on “Delivering Justice, Renewing Trust” hosted by the Bar Council last night.

I had expected more, much more, than what was announced by Abdullah, viz:

• Ex-gratia payment for “the pain and loss” suffered by the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh and their families, Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh and Datuk George Seah in the 1988 Judicial Crisis;

• A Judicial Appointments Commission;

• Review of the judiciary’s terms of service and remuneration to ensure that the Bench can attract and retain the very best of the nation’s talent.

The thunderous and prolonged applause which greeted Abdullah’s recognition of the “contributions of these six judges to the nation, their commitment towards upholding justice” and acknowledgement of “the pain and loss they have endured” in the 1988 judicial crisis cannot hide the general disappointment that the Prime Minister had fallen far short of expectations to ensure a fair and just closure to the Mother of Judicial Crisis in 1988.

It is precisely because the “contributions, pain and loss” of the six wronged judges cannot be equated with mere currency that the ex gratia payment is grossly inadequate. The six wronged judges deserve a full and proper recompense.

Furthermore, the victims of the 1988 “Mother of Judiclal Crisis” and the series of one judicial crisis after another which rocked the nation for two decades were not just the six wronged judges, but the Malaysian people and nation for 20 years because of the ravages to the system of justice which became a laughing stock to Malaysians and the world.

The depredations to the system of justice in the past two decades, depriving Malaysia of a truly independent judiciary and a just rule of law, cannot and should not be swept under the carpet with an ex gratia payment to the six wronged judges in 1988.

A Royal Commission of Inquiry – a Judicial “Truth and Reconciliation” Commission - into the 1988 “Mother of Judicial Crisis” and two decades of judicial darkness should be set up precisely as the victims of the ravages to the justice system were not just to six wronged judges but the Malaysian people and nation which cannot be computed in monetary terms.

The objective of such a Judicial “Truth and Reconciliation” Commission should not be punitive but to find out what went wrong to cause the country to be enveloped by two decades of judicial darkness – why the various national stakeholders, the judiciary, Parliament, mass media and civil society failed the test to defend the cardinal Constitutional principles of the doctrine of separation of powers and an independent, impartial and competent judiciary.

It is only with such a comprehensive investigation and serious soul-searching that we can ensure that another “judicial darkness” will not descend on Malaysia in future.

Abdullah’s initiatives announced last night however belated is most welcome but they are only initial steps towards major national reforms which he had promised but failed to fulfill since becoming Prime Minister more than four years ago.

Has Abdullah the political will to implement bold reforms to institutions, laws, mindsets and system of governance in all areas of national life starting with a comprehensive package of national reforms when the new 12th Parliament convenes on April 28?

* Lim Kit Siang, MP for Ipoh Timor & DAP Central Policy and Strategic Planning Commission Chairman