Senior lawyer hails Pak Lah’s commitment to judicial independence

by FMT Reporters

Roger Tan praises the former prime minister for his role in passing the Judicial Appointments Commission Act 2009.

Senior lawyer Roger Tan said Abdullah Ahmad Badawi’s actions validated the Malaysian Bar’s efforts in ‘upholding justice without fear or favour’. (Facebook pic)

PETALING JAYA: Former prime minister Abdullah Ahmad Badawi left a lasting legacy in his commitment to judicial independence, says senior lawyer Roger Tan.

In a Facebook post tonight, Tan expressed his condolences to Abdullah’s family over his death.

“Pak Lah was indeed a true gentleman in politics, or rather, he was too good a gentleman to be in politics.

“Unlike many politicians, he was neither vindictive nor ruthless. In fact, on many occasions, he was magnanimous,” he said.

Tan, a former member of the Bar Council, praised Abdullah for having the political will to pass the Judicial Appointments Commission (JAC) Act 2009, demonstrating his commitment to judicial independence.

“He also supported the Malaysian Bar during the infamous VK Lingam video tape controversy by attending the 14th Malaysian Law Conference and hosting a sumptuous dinner for the delegates on Oct 29, 2007.

“This was done despite the then chief justice having directed the judiciary to not attend the conference, of which I was the organising chairman,” he said.

In September 2007, lawyers marched towards the Prime Minister’s Office in a “Walk for Justice” to protest allegations of corruption in the judiciary, following the release of the tape implicating then chief justice Ahmad Fairuz Sheikh Abdul Halim in a judge-fixing scandal.

Anwar can be our Nelson Mandela if… — Roger Tan

The Malay Mail
by Roger Tan

Datuk Seri Anwar Ibrahim began his official duties as Prime Minister by clocking in at his office at the Perdana Putra in Putrajaya November 25, 2022. — Bernama pic

NOVEMBER 27 — When the late Nelson Mandela was released after being imprisoned for 27 years for standing up against South Africa’s apartheid laws, many had expected him to seek revenge on his white captors. He did not. Instead, he forgave them. But many African National Congress (ANC) activists had also suffered under the apartheid regime. So, Mandela led the way because if he could forgive, there was no reason for his ANC acolytes and activists to ask for vengeance. By his act of forgiveness, this had brought healing and reconciliation to his nation.

In the words of Mandela, “As I walked out the door toward the gate that would lead to my freedom, I knew if I didn’t leave my bitterness and hatred behind, I would still be in prison.” He added, “No one is born hating another person because of the colour of his skin, or his background, or his religion. They must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.”

When he became the first black president of South Africa, he even allowed some of his erstwhile opponents to join his government. At his inauguration, he even invited one of his white prison guards. Hence, Mandela was not just a leader but a true statesman. In his wise words: “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.”

For this reason, Malaysians are grateful to Their Majesties the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah and the Malay Rulers for ending the five-day political stalemate by getting Pakatan Harapan to form a unity government with the other warring parties.

In the case Datuk Seri Anwar Ibrahim, he is perhaps the most persecuted politician in Malaysia.

The role of lawyers in court

The Sunday Star

THE Aug 27 press statement of the Universiti Malaya Law Society on recent court cases caught my attention because it came from students at the best law school in this country whose alumni include the current Prime Minister, Chief Justice and Attorney General. 

They wrote, “As future rule of law bearers perusing the recent incidents, we believe that much is expected from legal luminaries to set a model of respect, courtesy and dignity. However, what is occurring thus far has been the downfall of such expectations even in the soil’s highest avenue of justice – the Federal Court.” 

It would be a tragedy if these prospective lawyers should feel disillusioned by the alleged conduct of some senior lawyers even before they join the legal profession. As a senior member of the Malaysian Bar, it behoves me to assure these future entrants to the profession that what they have learnt at law school relating to ethics, virtues, values and ideals of the legal profession still apply and will not be easily tossed away. There are still many senior lawyers out there who practise law with the highest standards of professional integrity and honesty, and who possess unblemished character and reputation. 

Dedicated: (From left, anti-clockwise) Lawyers Jaspal Singh, Lee Guan Tong, HR Dipendra, Kevin Wong and Janet Chai with others at the recent extraordinary general meeting of the Malaysian Bar. — Photo provided

These students should also be assured that there is an independent judicial system in this country worth associating with and defending for. Together with an independent Bar, we are in the vanguard of preserving, protecting and defending the Constitution and upholding the rule of law. Otherwise, it is meaningless if at almost every National Day parade, our leaders and citizens raise hands, pledging aloud to uphold the five fundamental principles of Rukunegara which include the supremacy of the Constitution and the rule of law. 

Press freedom in the digital age

The Sunday Star

by Roger Tan

Can press freedom be further advanced when readers are given carte blanche to post whatever they like including unlawful and defamatory comments under the protection of anonymity?

Tomorrow is World Press Freedom Day (WPFD).

It is a day which we Malaysians must remember and pay tribute to those news media and media practitioners for reporting the truth. Many have done so through their sheer courage and perseverance, by standing up for the independence of the press in this country, without fear or favour. 

Needless to say, since Merdeka, some have also in their pursuits for a free press lost their own personal freedom in one way or another. 

In fact, the WPFD came about after the United Nations Educational, Scientific and Cultural Organisation (UNESCO) held a seminar in Windhoek, Namibia on the promotion of an independent and pluralistic African Press some thirty years ago. It culminated in the adoption of the Windhoek declaration for the development of a free, independent and pluralistic press on May 3,1991. May 3 was then chosen as the day to mark WPFD by the UN General Assembly in 1993. 

Regrettably, in the 2021 World Press Freedom Index released by Reporters Without Borders on April 17, Malaysia slipped to 119, falling 18 spots from the previous year. 

On the other hand, if one is to go through the kind of comments being made by readers on the Malaysiakini online news portal, one may draw a conclusion, albeit erroneously, that there is absolute freedom of press in this country. Some of these comment sections, if not all, are accessible to the whole world, that is, to those who are not paid subscribers of the portal. Many of the commenters used a pseudonym when posting their comments. 

But on February 18, Malaysiakini was fined half a million ringgit by the Federal Court for contempt of court over five readers’ comments criticising the judiciary. 

When imposing the fine, Court of Appeal president Justice Rohana Yusuf, who chaired the seven-man panel said in the 6-1 majority decision, that the apex court was mindful that this case would attract world attention as the media had demonstrated their agitation and concern that this case would shackle media freedom and might eventually lead to a clampdown on freedom of the press. 

The apex court ruled that this unfortunate incident should serve as a reminder to the general public that expressing one’s view, especially by making unwarranted and demeaning attacks on the judiciary at one’s whims and fancies, could be tantamount to scandalising the court. 

“Whilst freedom of opinion and expression is guaranteed and protected by our Federal Constitution, it must be done within the bounds permissible by the law”, said Rohana. 

She stressed on the importance of maintaining public confidence in the Judiciary and the need to protect the dignity and integrity of the Judiciary as a whole, considering the nature of the judicial office is one which is defenceless to criticism, that is, judges cannot reply to their criticism and neither can they enter public controversy. 

Rohana also quoted Lord Denning who once said: “We must rely on our conduct itself to be its own vindication.”