Haidar Commission: A new circus in town?


28 JANUARY 2008

The Haidar Commission in ruling not to admit evidence on fixing of court decisions has severely affected public confidence that the present administration is serious in restoring the rule of law in Malaysia.

It is disappointing to note that the Haidar Commission has ruled that I need not be called to provide evidence of corruption as indicated in the synopsis of my statement to be given to the Haidar Commission. I am certain that the evidence that I can give will be of significant assistance to the Haidar Commission to get the truth behind this dark patch in Malaysian judicial history.

The decision by the Commission to arbitrarily disallow me to testify would certainly lead one to the conclusion that some unseen hand is at work. This hand is so powerful that the Commission will stop at nothing to prevent me from giving evidence, even though the evidence concerned will definitely shed light on the testimony given so far. Instead of seizing the opportunity of the Inquiry to find the underlying cause of this scandal, the Commissioners, (in particular the Chairman Tan Sri Haidar), have chosen to fetter themselves with procedural legalities and restrictive interpretations as to what they can do and what they cannot do.

The purpose and objective of the Enquiry is to assure both the Malaysian public and foreigners that judges in Malaysia dispense justice without fear or favour. Unfortunately, instead of adopting a robust approach to surgically remove the cancer of corruption in the judiciary in all its forms, the Commissioners adopt at a restricted interpretation of its term of reference and thereby exclude investigation into the most malignant form of corruption that decisions of the Courts in Malaysia can be fixed. The crux of the matter is that the Lingam video shows that persons who are likely to be corruptible or are corrupted are appointed or promoted as judges. The Commissioners have fallen into serious error in only allowing evidence of brokering of judges’ appointments without allowing evidence of corruption to be admitted.

I had prior to the setting up of the Royal Commission warned that the terms of reference of the Enquiry must be sufficiently wide and clear to ensure that the public interests is served. This was not done. As a result of the poorly drafted and restrictive terms of reference, the Commissioners have now made a manifest error.

Obviously, in pursuing this farcical approach to justice, the Commission has not only deprived itself of the opportunity to get a better picture of the true state of affairs but is wittingly or unwittingly become complicit in the obstruction of justice. I use this term not in the restrictive legal context but in a wider ethical and moral context taking into account the legitimate expectations of the people. And it is the legitimate expectation of the people that the proceedings of the Inquiry be conducted so that justice is not only done but seen to be done.

I also call upon Prime Minister Dato’ Seri Abdullah Ahmad Badawi to take immediate action by providing a clarification on the terms of reference to ensure that evidence of corruption including the fixing of decisions beginning from the time of the sacking of the former Lord President, Tun Salleh Abbas be admitted in the ongoing Enquiry.

If the government is serious about combating corruption as well as restoring confidence in the judiciary, this is the opportunity for it to prove itself. Rather than just paying lip service to the principles of accountability and transparency, the Prime Minister should take decisive and firm action to bring to justice all those responsible, how high they may be, for corrupting the administration of justice in this country.

I urge Prime Minister Dato’ Seri Abdullah Ahmad Badawi to act immediately in order that Malaysians and the international community can be assured that his administration is serious in combating corruption and is genuine in wanting to uphold the rule of law.


6 thoughts on “Haidar Commission: A new circus in town?

  1. Dear Friends,

    I describe the whole Haidar inquiry as circus because all the big shots who appeared before it are just a bunch of clowns. No one in government is really serious about ending the rot in the judiciary.

    I would like to ask the Badawi Government to tell us how much of taxpayers money is being expended on this commission and how more had been spent on the Royal Commission on the Police Force(and to think of it, the Chairman of this commission Tun Dzaiddin Abdullah is alleged in the latest segment of the Lingam video clip— released last Monday— to have been silenced by Vincent Tan and VK Lingam with a big gift).

    Jangan bimbang Malaysia kaya, kita boleh jadi boros. Din Merican

  2. For once, Lee Lam Thye made the right decision in declining to sit in this farcical commission. money isnt everything, rite Mr Lee.


    The decision is not his. The Prime Minister chose this bunch of goons to form the Commission and, as a result, he has lost yet another opportunity to put matters right. How many more opportunities for him? I think, LLThye would love to be included, but unfortunately he is a close associate of Najib. That tells you something about the behind-the-scene rivalry between the UMNO President and his Deputy. Thanks. Din Merican

  3. Jangan bimbang Malaysia kaya, kita boleh jadi boros – Din Merican

    Dear Din, Malaysia would be in deep shit and deep trouble once our oil and natural gas reserves run out soon…By then, we would be brought to our knees and pray for the mercy of China and India and other newly emerging superpowers of the world.

    Dear Wee Loon,

    Complacency also leads us somewhere–feel good feeling–then to dreamland. Combine that with incompetence, we are really in deep trouble. In order to escape from reality, we use statistics to change public perception and soon, convinced by our own spin we will be boiled like the proverbial frog which is unaware that water in his container is slowly heating up.Din Merican

  4. Anwar has been vindicated in calling on Haidar and 2 other judges to recuse themselves from the Royal Commission inquiry as they definitely have vested interests. It is clear Haidar does not want Anwar to testify for fear of Anwar spilling beans about his role as one of the judges who ruled according to instructions from his political boss, the PM of the day. The way this inquiry is becoming a circus is to be expected as Haidar wants to cover up the truth from the public as much as possible to save his political masters further embarrassment.

    The public wants as much of the truth as possible to be revealed which no doubt the testimony of Anwar, Sivarasah and the others would have done so if Haidar had allowed them to. Anwar, therefore, did the right thing in exposing a 3rd segment of the clip to show the world what a scheming and incorrigible liar Lingam is, a snake who does not hesitate to deny, twist, turn and spin …even when he is caught with his pants down as revealed in the clip.

    Now with overwhelming evidence that the clip is authentic as even reluctantly admitted by Haidar and the rest, Lingam continues to insist its authenticity is doubtful and wants his so-called “experts” from UK to testify! The people are now watching how far the circus would go and how Haidar (and most importantly Badawi) would plan their next move now that Anwar has dropped yet another bombshell.

    The Lingam tape scandal and the way the government continues to deny, lie, and spin propaganda through the bodek/ampu mainstream papers is already a big factor which will make many average voters reject the UMNO/BN which is insulting our intelligence and taking us for granted!

    Pin Pan Dan,

    Thanks for your interesting comments.

    Ethics and morality should also be the concern of this Commission. We can read from the mainstream papers that Lingam is not the only liar and the Iago (as in Shakespeare’ s Othello) in the whole saga of fixing judicial appointments–and court decisions (strangely the Commission is not focusing on this)–and starting the rot in our judiciary. There are also powerful, important and respected individuals with honorific titles to their names who were complicit in the systemic destruction of our judiciary. These individuals now have a lot to answer for as they were put into positions of public trust.

    We must continue to apply public pressure so that real reform can take place in our country. Change is always difficult. There will be people who are benefiting from the present system who will resist our efforts and they are very powerful indeed. As an optimist,however, I believe when all Malaysians want change, there is no power in the world, corporate and governmental, that stop it.

    Let us get Dato Seri Anwar Ibrahim to testify before this Commission. He still has good memory. Another is Dato Murad (ex-Bank Negara Assistant Governor).Din Merican

  5. Cik Din, for me the Haidar Commission is a fake, a big brohuha and a waste of taxpayers money. It is a shame for Prof Khoo Kay Kim to stay in this so called commission.

    Professor Khoo is known to be pro-Government and that is all I can say. Din Merican

  6. Indeed a bunch of CLOWNS they are! These Commissioners don’t know where they stand. Apparently when former PM Dr Mahathir walked into the RCI room, everyone stood up! That was a grrreat joke, I just couldn’t believe what I heard! 😀 !!

    He was subpoenaed to the witness stand so he shouldn’t he be treated as such? This can only happen in Bolehland! No wonder he(Dr M) he was unbecoming and arrogant; each and everyone on the RCI panel owe him for what they are today. Mahathir knew he could put each and everyone of them in his pocket, easily.

    Now why is Dato Sri Anwar Ibrahim denied and prevented from giving evidence? This is so suspicious, what is going on? Didn’t Haidar initially ask for witnesses to come forward to help solve this mess? So it’s all a show, mere bullshit? Why has he changed his mind now, new instructions from above?

    Like their bosses in UMNO/BN, these Commissioners too seems apprehensive of Anwar Ibrahim? Why is that so, ..for what he might say and spill the beans? Maybe worse than that, maybe he might start a mother of all tsunamis that might uproot and create havoc to the lives of the guilty including the ‘unseen

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