Don: ‘No review’ reflects Pak Lah’s lack of power 
Malaysiakini
Sep 28, 2006
Soon Li Tsin

The government’s decision not to review the 1988 judicial crisis has led a constitutional expert to question Prime Minister Abdullah Ahmad Badawi’s grip on power.

According to International Islamic University Malaysia (IIUM) lecturer Prof Dr Abdul Aziz Bari, the premier was expected to use this issue to counter the on-going scathing attacks from his predecessor, Dr Mahathir Mohamad.

“It would have been thought by many that the prime minister would go along with the review as it would benefit him and ‘kill off’ (former premier Dr) Mahathir (Mohamad).

“But we can see he is in office but not in power,” he told malaysiakini today.

Questioning Abdullah’s continued silence on this issue, he said: “Even though the cabinet has decided not to review the crisis, these are just the words of (Minister in the Prime Minister’s Department Mohd) Nazri (Abdul Aziz).

“We can say Nazri represents the whole cabinet under the concept of collective responsibility but then again, we don’t know what the cabinet is thinking,” he added.

White Paper

However, Abdul Aziz said there is still hope if the government presented a White Paper on the issue in parliament.

This would provide a forum for members of Parliament to do something about it, he added.

(White papers are normally issued by the government regarding polices, proposed actions or topics of current concern).

In 1988, Mahathir had the then Lord President Salleh Abas tried by a special tribunal on charges of misconduct when the latter questioned the government’s constitutional amendments which seriously eroded the powers of the judiciary.

Two of five Supreme Court judges - George Seah and Wan Sulaiman - who had ruled that the tribunal was convened unconstitutionally were sacked along with Salleh by a second tribunal.

The dismissals have been described by certain quarters as the darkest hours in the history of the Malaysian judiciary.

Opposition leaders and government backbenchers have also supported the call for a review, which was first mooted by the Bar Council.

Commenting on this, Abdul Aziz said the dismissal of a judge should have been done by parliament and not a tribunal.

“According to the Reid Commission (which our constitution is based on), a judge should be dismissed by parliament to prevent any manipulation.

“The appointment of the chairman and the tribunal was set up by the then prime minister. Had it gone to parliament (for discussion and debate), it would’ve been more different and more open,” he added.

Abdul Aziz also criticised then attorney-general Abu Talib Othman for claiming that Salleh’s sacking was done in accordance with the constitution.

“Abu Talib may have said the dismissal was in accordance to the letter of the law but it was most certainly not in the spirit of the law,” he said.

On Tuesday, Salleh cited five incidents in his appeal to the government to review the 1988 crisis but this was shot down by the cabinet.

Inquiry commission

In another development, Azmi Kamaruddin - who was one of the five Supreme Court judges suspended in 1988 - has also supported the call to set up an inquiry commission to probe the matter.

“We should have Suhakam (Human Rights Commission), professors from Universiti Malaya and the United Nations (involved in the inquiry) to ensure transparency,” he was quoted as saying by Suara Keadilan.

He said the commission should be given the power to summon all of those involved.

“Nobody should be left out. I am willing to attend if I am asked to go for the inquiry.

“Above all, I want the truth revealed and the three main players in the 1988 crisis - Mahathir, Hamid Omar (who chaired the tribunal that tried Salleh and later replaced him) and Abu Talib to be summoned to solve the mystery,” he added.