A Legacy the Country Can Do Without
When the Council of Rulers did not even entertain former Chief Justice Ahmad Feiruz’s request for an extension of his tenure, it went beyond royal rebuff. It was a very public and equally royal repudiation of Prime Minister Abdullah’s judgment.
The Council went further. Traditionally it does not even announce details of its meetings, but on October 31st, 2007 the Rulers specifically stated that the item was not even on their agenda. Presumably they went out of their way to declare this fact openly to pre-empt anyone from “spinning” this royal snub into something else.
The immediate consequence was that Feiruz left office unceremoniously the next day, with no end-of-term “photo ops,” elaborate dinners, or the obligatory farewell tours. There was not even a parting interview or any dispensing of words of wisdom. It was the body language of someone drummed out of office rather than a dignified farewell of someone proud of his legacy. It was the image of a guard dog turned renegade, desperate to escape for fear of being shot, with its tail between its legs after it was found snatching one of the lambs it was supposed to protect.
On this point, Ahmad Feiruz had read the situation well; his legacy is not one that the nation should be proud of; neither should he.
Has Prime Minister Abdullah learned anything from this disgraceful saga? Sadly, no! In elevating recently appointed Judge Zaki Azmi to be President of the Court of Appeals, the number two slot and thus potentially in line to be the next Chief Justice, Abdullah has again demonstrated his incompetence as well as inability and unwillingness to learn from his mistakes.
This is the same Zaki Azmi who before his elevation to the bench grabbed headlines with his sordid divorce scandal. Press reports alleged that he might have instructed his bride to destroy their Thai wedding certificate, potentially an act that could be construed as obstruction of justice, a serious charge especially to an officer of the court.
Nonetheless he had the personal integrity then to withdraw himself from UMNO’s Disciplinary Committee investigating “money politics.” Thus we have the specter of a man who earlier felt himself unqualified to be in UMNO Disciplinary Committee being appointed by the party’s leader to be next in line as Chief Justice. The mockery of this appointment is lost on the judge as well as the Prime Minister.
A Shameful Legacy
The legacy of a judge is his written judgments. According to the Bar Council, during the seven years he was on the High Court, Feiruz wrote a meager seven judgments, about one a year! Such productivity! Despite that, he was promoted to the Appeals Court. In the seven years he was on the Federal Court (the highest) he was no better, writing a total of again seven judgments only. This is not a question of quality making up for quantity, rather a legacy lacking in both.
I read his last written judgment on the highly publicized Lina Joy case in which he, as Chief Justice, wrote for the majority. It was enough to discourage me from looking up his other cases. Feiruz obviously had not heard of such basic tenets of democracy as the freedom of beliefs and conscience. To him, one should not be allowed to change one’s religion “on a whim.” He missed the elementary principle that freedom when constrained is not it.
Such a high profile and potential landmark case would have been a splendid and rare opportunity for him to showcase his judicial wisdom, legal scholarship, and grasp of social realities. His authoring the majority report indicated that he did recognize that occasion; alas none of those qualities are reflected in his written judgment. There was a reason – he lacked them!
His non-bench commentaries were equally mediocre. His speech at a recent symposium honoring the late legal luminary Ahmad Ibrahim was inappropriate as well as injudicious, if not downright irresponsible as well. He advocated doing away with the current reliance on English common law in favor of the Sharia. Such a suggestion would have been appropriate from a legal scholar, and would have precipitated lively and productive legal, political, and philosophical debates. Coming from the Chief Justice, a man sworn to uphold the law (presumably in its current form) his advocacy was misplaced and downright reprehensible. It would shake the public’s confidence in our laws and courts. Such wild speculations do not reflect mature or judicial temperament.
Even Ahmad Ibrahim, an expert in our constitution as well as Islamic laws, and whose intellect, scholarship and legal talent dwarfed Feiruz’s, had never suggested anything even remotely close.
In the end it is wholly appropriate that Feriuz’s legacy, or more correctly notoriety, would have nothing to do with his performance on the bench. Instead he will be remembered as the judge mentioned in the infamous “Lingam tape” of the pariah lawyer bragging of his ability to have senior judges in his pocket. Such supreme irony!
Precedent Setting Royal Snub
Ahmad Feiruz would not have made his formal request to the Rulers for an extension of his tenure without Abdullah first agreeing to it. In rebuffing Feiruz, the Rulers were also brushing off Prime Minister Abdullah. Whether Abdullah is too dense to get this none-too-subtle message or that his advisors had “spin” it differently to him is immaterial; it is obvious to all.
From his reactions, it was equally obvious that Abdullah was totally unprepared for this royal rebuff. Consequently when Feiruz left, he was automatically replaced by his number two, as per the constitution. Once again the Prime Minister was pathetically reduced to a hapless bystander, unable to control much less influence events around him. Instead events had overtaken him.
The power to appoint senior judges in particular the chief justice is one of the most important prerogatives of the chief executive. It is the one power that he or she would not want delegated. It is also one that should be exercised with great diligence, as its impact would long outlast the term of the chief executive.
Obviously Abdullah does not appreciate the import of this authority. On second thought, Abdullah has been derelict in all his other responsibilities, so this is nothing unusual.
This Council of Rulers is no ordinary one, for among its members is Raja Azlan Shah, the current Sultan of Perak and a former distinguished Chief Justice. Rest assured that his brother rulers were paying close attention to what he had to say on the matter of Feiruz. Raja Azlan had formed his judgment on his later successor, and his brother rulers listened.
It is one thing for the laity to pass judgment on your professional capability, but when it is one of your peers especially one as distinguished as Raja Azlan, then that is significant.
All these are obvious to everyone; yet we have the de facto Law Minister Nazri arguing that the King has to abide by the advice of the Prime Minister on this matter. By not even entertaining Feiruz’s request, the King through his brother rulers is also crudely telling Nazri to shove it.
Whether Nazri is as dense as Abdullah in not getting this brutal message is immaterial. What we do know is that the King has effectively shut Nazri up. I eagerly await Nazri’s response. In particular I would like to see whether he has the strength of his conviction to challenge the Rulers.
If Nazri and Abdullah do not challenge this precedent-setting move by the Rulers, it would establish once and for all the operative meaning of that seemingly innocuous clause – “royal advice” – stated so dryly in our constitution.
Whether Ahmad Feiruz or Prime Minister Abdullah is getting the royal shove does not interest me in the least, but when there is a significant shift in our constitutional processes, especially in matters of the crucial exercise of checks and balances, that should concern us all.
December 16th, 2007 at 9:27 pm
Frustration over Malaysian government policies recently found expression in the form of street demonstrations, something that Malaysians had not seen in almost a decade since the sacking of former DPM Anwar Ibrahim on what many saw, and still see, as trumped-up charges.
Instead of listening to the message of the demonstrations the Malaysian government drowns it out by firing off chemical-laced water cannons and beating the hell out of people who claim the right to freedom of expression, supposedly guaranteed under the country’s Constitution.
Badawi acted tough in sentencing the 5 Hindraf leaders to 2-year detentions under the draconian Internal Security Act (ISA), saying that there was no basis for the demonstrations. Badawi goes on to insult the collective intelligence of the Indians by claiming that they even had a higher per-capita income than the Malays and so had done well for themselves since independence.
He apparently failed to grasp that Indian anger was not only about the lack of opportunities for advancement but also the destruction of their places of worship.
Worse still he charged some 30 Hindraf members with attempted murder when no one really faced a life-threatening situation. But Indians can point to the many Indian lives lost in police lock-ups and no murder charges have thus far been pressed.
Then in the same bad breath he asks the Hindraf supporters to hand him a list their grievances which he had earlier dismissed as devoid of any basis. And it appears likely that the attempted murder charges will be dropped, an act of appeasement no doubt.
But I don’t see how Indian anger can be appeased as long as their leaders languish in Kamunting prison under the ISA.
Badawi’s actions not only insults the collective intelligence of the Indians but also rubs curry powder in their wounds
Such bad handling of a potentially explosive situation speaks poorly for the mental, intellectual and decision-making faculties of the man we call the PM of Malaysia..
Perhaps royalty can offer some advice to Badawi on how to be a better PM. Or, as in the case of Nazri, ask him to shove off because Malaysia deserves much better.
December 16th, 2007 at 10:36 pm
It was a Royal Flush alright that sent the message across!
As for nauseating scumbag Mohd Nazri, he’s just a sick joke, a ‘kurang ajar’, like a pitbull often foaming at the mouth, desperate for attention.
December 16th, 2007 at 11:57 pm
this judicious scandal really shatter people confidence, if the judiciary cannot protect the ordinary people and provide justice, who and where can ordinary raayat turn to ? judiciary is not meant Only for the rich and connected, my lawyer friends are really frustrated when representing client, not knowing whether they got a fair chance.What the point of shouting that we are compassionate society, islamic nation, progressive nation…bla,bla? etc.
December 18th, 2007 at 6:50 am
Doctor,
You have said it ! Those people are ” dense ” and need to go to school to know the meaning of ” royal ” rebuff, ” royal” snub amd ‘ royal ” advice.
A leader of CALIBRE would have the ” elegant ” dignity of RESIGNING when what he says does not carry any weight!
Take the Royal Commission on Police Complaints, as an example. It recommended IPCMC and what we have before the House is a proposal of a watered-down SCC! Mind you, it was none other than the PM himself who set up the Royal Commission in the first place. He should stand or fall by it ! He must have the GUTS to back it to the hilt and see it through. In UK, the Prime Minister would have RESIGNED as a matter of PRINCIPLE. In Japan, the PM would have resigned if the MPs do not support him! But here it is different!
Now we have a Royal Commission of Enquiry on the Video clip; and the terms of reference are confined to its authenticity. Here he should have stamped his authority by looking at the Judicial system and the appointment and promotion of judges. What is he afraid of ? And the Minister in the PM’s department has hedged his options whether to release the Report ! Why have the Enquiry when you may not want to let the WHOLE TRUTH be known to the 26 million Malaysians , minus some people ? Let the whole TRUTH prevail !
I am always reminded of the remark made by the American President, Harry Truman: ” The buck stops here! ” He ordered the bombing of Hiroshima and Nagasaki . He took charge of his responsibility as a LEADER. Popular or unpopular, he did not care. He did what he thought was RIGHT.
In the same vein, our PM should have the GUTS to do what is RIGHT and JUST as Tun Hussein Onn did when he allowed the law to take its course concerning the Dato Harun case. I remember Tun Hussein Onn saying along the lines: ” I will do what is RIGHT, lest people curse me and urinate over my grave. ” Well said!
Show the COURAGE of CONVICTION as a LEADER of this nation; or ship out!
Thank you, doctor.
S, H, Huang
December 18th, 2007 at 9:03 am
Having said and done it’s obvious that our Mr Nice Guy is only concerned for his survival and his continued relevance in Umno. He fears someone would stab him from behind and remove him from power.
The opportunity to erase Mahathir’s lingering legacy of evil had presented itself but he let it passed without so much as a whimper. That is the making of a weak leader who is simply clueless of his responsibilities.
They say leaders are born but they can be trained too. Unfortunately, our PM is too dense to be a leader of any standing judging from his actions and inactions in the past. How he handled Hindraf and other related problems had only revealed his true colours.
It’s time we step in and put an end to his miseries. That’s the most humane thing we can do. Let it be a painless farewell.
December 18th, 2007 at 10:05 am
You must be kidding, Tok Cik! This guy’s not about to say farewell. Just last night in a speech in Puchong, Selangor called on the people to “Support me and I will not disappoint you”. He went on to say that the people’s support will give him greater sense of responsibility to strive even harder to ensure prosperity, harmony and development without leaving out any group.
How about that, huh? This guy’s so densed, so unashamed and it undoubtedly proves that he is ‘mentally challenged’. He just don’t get it, and he’ll never do!
December 18th, 2007 at 6:02 pm
Jong,
He can keep babbling and rattling to a gallery of half-witted paid supporters brought in by the truckloads courtesy of Musa, the IGP but he hasn’t convinced me an iota. He has to go no matter what.
Meanwhile, I told my Indian friends who had lost out on government jobs, business opportunities, contracts and a myriad of other openings to try their luck now. They have to test Badawi’s resolve or is it merely an illusion. This man is real DUMB and he’s getting worse by the day.
December 19th, 2007 at 1:50 am
It is difficult - it is not only Abdullah is dense - we are talking about the entire cabinet, CWC of all the barisan national parties , that fit the bill. Ie the ruling class. So when you go to the ballot box be careful what you tick. If you tick the DACING Sign and knowing well the MP in your area could not even fix that school, drain or look into those people at edge of the street who had nothing to eat or just the fact that yours is sleepy town with no real progress happening - you surely deserve this goverment - So ultimately dense people have dense leaders .
Birds of a feather flock to gather.
Malaysia - wake up. tHIS AFFECTS ALL HONEST WORKING POPULATION
December 19th, 2007 at 9:18 am
To Dr Bakri and All Muslims, Selamat Hari Raya AidilAdha!
December 19th, 2007 at 6:45 pm
AAB is not leaving a legacy rather lots of shit for his successor to clean up. Leadres like him don’t leave a legacy rather bad memories and nightmares.
December 20th, 2007 at 9:33 am
Apparently some 89.000 Indonesians have been granted PR status to vote for BN in the next GE. That is the extent Badawi and his merry men have gone to ensure they remain to bully the rakyat and clean up the country’s kitty. They have already extended Tan Sri Abdul Rashid’s term as Chairman of the Election Commission for another year. Elections will be held before April 2008 when Anwar is eligible to stand as a candidate. See this moron is not as stupid as you and I think he is.
December 20th, 2007 at 2:07 pm
Out of 89,000 Indonesians, Bersih and DAP discovered more than 10% have been planted in Ipoh Timor Parliamentary consistuency which is DAP Lim Kit Siang’s seat.
We know he is their main target, it has always been and they will not rest until they have succeeded in killing him off through votes rigging, phantom votes and postal votes.The govt is not willing to listen to the people’s demands for Electoral Reforms and this is their dirty tactic. There is Abdu Rashid, the EC Chairman and self-proclaimed UMNO-man to see to it and we all expect GE 2008 to be the dirtiest General Election ever in the nation’s history!
We need to stay united, use the ballot box wisely. Vote any party - DAP, PKR or PAS and say “NO” to BN/UMNO.
Malaysians, Ipohites in particular must come out in full support of DAP’s Lim Kit Siang. He is out hope for change for the better!
December 20th, 2007 at 7:02 pm
oops, sorry last sentence should read:
“He is our hope for change for the better!”