Jan 24, 2008
Asia Times
By Baradan Kuppusamy

KUALA LUMPUR - A public hearing into alleged corruption in the judiciary is giving Malaysians a rare peek into the way top judges were appointed, demoted and promoted during the tenure of former prime minister Mahathir Mohamad - and is setting off political fireworks in its wake.

The hearing's revelations offer hope to some lawyers, judges and civil society leaders that for the first time in three decades a cleanup of the judiciary could be imminent. Some of the country's most powerful and influential figures, including Mahathir himself, have been subpoenaed to take the stand and since last week have been called upon to answer a series of awkward questions.

Chief justices, top civil servants, business tycoons and top lawyers - people inadvertently exposed in a 14-minute video clip secretly shot by the son of a businessman in 2002 - have so far all taken the stand in the case. Doubts are also being raised, however, about the inquiry panel's conduct after a top witness' testimony was controversially bypassed.

The incendiary clip on which the case hinges records a telephone conversation between lawyer V K Lingam, who in the past often represented Mahathir, his associate Vincent Tan, and the country's chief justice Ahmad Fairuz, who retired under a dark cloud related to the allegations last December, concerning judge appointments.

Their purported conversation involves the promotion of judges "friendly" to Mahathir and his government and allegedly how to end the careers of other judges considered to be "unfriendly and difficult". During the inquiry Lingam refused even to confirm that he was the person pictured in the video talking into a hand phone. He also denied he had ever spoken with Fairuz.

The clip was supposedly recorded "inadvertently" by the son of a businessman at Lingam's home in December 2001, but surfaced six years later and was given to opposition icon Anwar Ibrahim, who made it public last year on September 19 and demanded a full public inquiry into the recording's revelations. Anwar has subsequently leveraged the furor surrounding the case to call for a major overhaul of the judiciary.

Independent lawyers have long made similar calls, saying that the judiciary was deeply corrupt and often under the thumbs of well-connected businessmen and politicians. Their calls have until now gone unanswered, but with the emergence of the video clip, they now believe they have the hard evidence needed to press their case.

"The outcome of the inquiry aside, the probe is giving Malaysians a rare glimpse into the sinister aspects of the government at the very highest levels," said human rights lawyer Sivarasah Rasiah, who was among the first to have viewed the secretly shot clip along with an aide to Anwar. "The revelations are truly shocking and show how deeply tainted our judiciary has become," he said on the sidelines of the inquiry that is being held at the Kuala Lumpur Court Complex.

Still unsubstantiated details surrounding the allegations associated with the video clip include lawyers sending bags - presumably filled with cash - to judges' homes to influence their decision-making on judiciary appointments. Other alleged bribes included top-of-the-line hand phones for judges and expensive handbags for their wives.

In one case, a lawyer involved in a trial stands accused of actually writing the judgment for a compromised judge, indicating if true a grotesque violation of judicial integrity and independence. One particular judge in the spotlight is former chief justice Eusoff Chin.

The current inquiry received photographs showing lawyer Lingam holidaying in New Zealand with the then chief justice in 1996. The picture presented to the court showed the two with their arms around each other's shoulders and their wives standing and smiling. "I bumped into him and he decided to tag along," was the answer Chin, who retired in 2001, gave to the court about the photographs.

Like Chin, Mahathir also frequently replied that he "could not remember" to many questions related to the alleged business-politician-judiciary nexus that accusing lawyers contend has tarnished the country's once vaunted judiciary beyond repair.

For Mahathir, who never faced a parliamentary select committee or a public inquiry during his 22 years (1981-2003) as head of government, last week's questioning marked a significant turn of events.

His claimed memory loss in reply to several of the inquiry's questions has struck many Malaysians as incredulous. At one point during the proceedings, asked why he dropped some judges recommended for promotion by a then chief justice who was highly respected by many of his peers, Mahathir replied: "I don't have to answer."

According to parliamentary opposition leader Lim Kit Siang, Mahathir replied "I can't remember" at least 14 times during an estimated 90 minutes of questioning conducted by a five-member panel chaired by Mohamed Haidar, a former retired judge. "He was evasive and uncharacteristically forgetful," Lim said, referring to Mahathir. "Most of the time Mahathir was evading questions to the best of his ability," the opposition politician said.

Nonetheless, a guilty verdict is not a done deal - far from it. Like many others, Lim was disappointed that the panel allowed Mahathir to "get away" with effectively not responding to several questions.

"We are disappointed. He should be held accountable for the dark chapter in the nation's judicial history," Lim said. "Many Malaysians get the impression that the panel members treated Mahathir with 'kid gloves' as they were in awe of and at times even fearful of the longest-serving prime minister of the country," Lim said.

Another complaint concerns the panel's decision to bypass Anwar on the witness list, even though he had earlier been subpoenaed by the commission. The panel ruled that his testimony would be irrelevant after the maker of the video, who at first hid his identity, later owned up to it.

"I have evidence to show that there is deceit and conspiracy involved between businessmen, lawyers and politicians," Anwar told Malaysiakini, an independent online news provider. "It is rather odd that I have not been called," he added, saying the inquiry panel's decision raises doubts about its conduct and integrity. "My name is mentioned in the clip and it is important I testify."

Once highly regarded, critics say Malaysia's judiciary suffered under Mahathir, who beginning in 1987 allegedly sacked independent judges and promoted others who were widely criticized for their perceived subservience to his government.

Some contend those interventions continue to undermine foreign investor confidence in the local judiciary, witnessed in the large number of foreign-local contracts that call for independent arbitration in Singapore, Hong Kong or even London rather than allowing the Malaysian courts to judge on potential disputes.

(Inter Press Service with editing by Asia Times Online.)