Conduct of judges - looking back to year 2000 episode

The recent controversy involving the conduct of judges reminded me of the high profile case way back in the year 2000. The person in question then was none other than the Chief Justice Eusoff Chin. He was also the subject of the so-called "poison pen letter" written by former high court judge Syed Ahmad Idid.

The episode came into light when photographs showing Eusoff, lawyer V.K. Lingam and their families holidaying together in New Zealand in December 1994 can be found on the Internet.

Lingam represents Berjaya Group's chief Vincent Tan in the M.G.G. Pillai vs Tan Sri Vincent Tan case. Both he (Lingam) and Vincent Tan were also photographed while on vacation with the then Attorney-General Mohtar Abdullah and their respective families in Italy in 1994.

The then minister in the prime minister's department (de facto law minister) Rais Yatim described it as "inappropriate" for the Chief Justice to holiday with the counsel of a prominent business tycoon. Rais said this in an interview with Australia's Radio National on 26 May 2000. He was in Canberra for the 2nd Australia-Malaysia Conference at the Australian National University.

In the interview, Rais also said that he was aware of the problems within the judiciary, but proper enquiries and political will were needed before changes could be made.

Rais said that the system placed on the judiciary of Malaysia needed certain reexamination, and for Malaysia perhaps to be inculcated with a new sense of value system. However, he added that change would have to come largely from the legal community. Rais said that his previous criticism of the judiciary still prevailed.

(Rais wrote a scathing book about the conflict between the rule of law and executive power in Malaysia in 1995, titled "Freedom under Executive Power in Malaysia - A Study of Executive Supremacy".)

About a month later (June 2000) Eusoff told the press that he had "bumped into Lingam" and their meeting was not planned but was a coincidence. He also said that the pictures posted on the Internet were "posed pictures" and that they were taken at Lingam's request and that there was nothing he could do except to have the pictures snapped.

A few days later, the Bar Council said it would convene an emergency general meeting to examine issues relating to the integrity of the judiciary following the controversy surrounding the Chief Justice.

Bar Council president Sulaiman Abdullah said that it was "imperative" that the Malaysian Bar deliberate on issues raised by the recent events as they had "given rise to serious public concern as to the administration of justice, the judiciary, the proper relationship between members of the judiciary and members of the Bar, and most importantly, the respective roles of the executive and the judiciary".

However, on June 23 high court judge Dr R.K. Nathan granted an injunction preventing the Bar from convening the emergency general meeting scheduled for June 23. Lawyer K. Raja Segaran had filed a suit against the Malaysian Bar and 11 Bar Council members seeking a declaration from the court that the meeting as well as a circular issued to council members and notice informing lawyers of the EGM is ultra-vires the Legal Profession Act, contemptuous and seditious.

The high court judgement had given the perception that the judicial process was being used to stifle freedom of expression, said the then United Nations special rapporteur Param Curamaswamy.

"If the legal profession is not able to have the freedom to assemble and discuss affairs in the judiciary, which is its legitimate right, who else can?" he was quoted as saying in an interview with malaysiakini, the internet news portal.

In the interview, Param also said that judges are not above the law although they have certain insulations to secure their independence.

"It will be an abuse of the judicial power to use these insulations to suppress or stifle exposure of any misconduct on their part. If they are seen misconducting, then the public must be free to express and complain. To hear such expression stifled particularly through the judicial process is beyond belief."

On June 14, prime minister Dr Mahathir Mohamad was quoted as saying that the issue of Eusoff Chin's alleged misbehaviour is being politicised by the Bar Council.

"There is some political agenda (behind the Bar's proposal for a tribunal to investigate the case), and it may be connected with other things that are happening in the country."

(The Bar said it would propose, at a extraordinary general meeting on June 23, that a tribunal or royal commission of inquiry be set up to investigate Eusoff's alleged misbehaviour in relation to a holiday to New Zealand in 1994. A similar tribunal was appointed in 1988 to remove the then Lord President Salleh Abbass.)

Is Mahathir the man behind the "cannon" aimed at the neck of Mohtar Abdullah, the then attorney-general investigating the "poison-pen letter" episode?

Meanwhile, a United Kingdom-based private investigation agency has raised a number of fresh allegations regarding the New Zealand holiday of the Chief Justice and lawyer Lingam.

According to reports prepared by a private eye Bowman Investigations, Eusoff and Lingam flew together with their families for their Christmas holiday in New Zealand in 1994.

Copies of Eusoff's itinery and Lingam's counterfoil air tickets, which Bowman's team of investigators said they obtained, allegedly shyow that both took the same flight from Singapore to Auckland, and within New Zealand. (Eusoff told the press that he had "bumped into Lingam" and their meeting was not planned.)

The investigating agency said that Lingam's party flew to Singapore on Singapore Airlines on Dec 22, 1994 and took a connecting flight to Auckland. Also on the same day, Eusoff and his family took a Malaysian Airlines flight to Singapore and joined Lingam's flight in business class to Auckland.

During the eight-day tour, Eusoff was accompanied by his wife Rosaini Mustaffa, daughter Zubaidah and son Johan while Lingam was with his wife K.Gnanajothy, and daughters Sivashahki and Sivajothy.

The Eusoff Chin's holiday episode case was said to be closed. No action to be taken either by the executive by way of a tribunal appointed by the King or by the Anti-Corruption Agency (ACA). As far as I know, the ACA is free to investigate but not free to prosecute especially involving VVIPs such as ministers, royalties, judges and "certain politicians". Do not blame the ACA, being civil servants, their hands are tied.

From RTS to TCS

This is the story of a radio-television station located in a fine city state somewhere in South-east Asia.

Once upon a time, the electronic media or broadcasting station of this particular city state was free to report just about anything. That is why they were called RTS, as the reporters were free to "Roam The Streets" and "Report The Stories".

However, under the leadership of the strict and firm Mr LEE (Loves Editing Everything), RTS became SBC (Script By Censorship). Soon, most of the reporters quit while those who stayed behind had to work under very difficult conditions.

Since these reporters or broadcast journalists could not "roam the streets" or "report the stories", they had to fabricate "Si Beh Choon" stories that nobody wants to know. ("choon" is Cantonese for stupid).

Then SBC started to employ NUS (Nothing Up Stairs) students, the only people who thought the reports were not stupid, as reporters.

As there was nothing that could be freely reported, SBC changed its name to TCS (Totally Censored Station) and become a "Talk Cock Station" only. Hopefully, TCS will not change its name again to NCS (No Choice Station).

PS: Please do not get serious. It is just a "choon" joke.

Mahathir remains as Umno member

The "powerful" Umno Supreme Council today voiced their strong support and pledged their undivided loyalty to party president Abdullah Badawi, who is facing harsh and serious criticisms from former prime minister Dr Mahathir Mohamad.

As expected the meeting, held at the party's headquarters in Putra World Trade Centre, Kuala Lumpur and chaired by Abdullah, did discussed Mahathir's criticisms on his chosen successor. However, no decision was made as to his party's membership and thus Mahathir remains an Umno member.

The support and loyalty pledge to Abdullah is expected. For the sake of their positions and standings either as cabinet ministers, chief ministers or elected representatives and corporate figures, they will support anyone who is the party leader, be it the devil himself.

Meanwhile, a respected religious scholar (ulama) from Hadralmaut, Yemen, Al-Habib Ali bin Abdul Kadir Alhabshee (pix) today called on Mahathir at the Perdana Leadership Foundation in Putrajaya. Mahathir is well respected in the Muslim world and visiting ulamas will not miss the opportunity to call on him.

The visit of Al-Habib Ali Alhabshee to Malaysia

Pix 1 & 2 Habib Ali at the residence of his Malaysian cousin Alwi Alhabshee while elder brother Abdillah Alhabshee (dark t-shirt)played hosts to his Yemeni cousin.




A member of the Ulama Council of Yemen (Hadralmaut), Al-Habib Ali bin Abdul Kadir bin Muhammad bin Ali Alhabshee (Sohibul Maulid)is currently on a private visit to Malaysia.
During his stay in Kuala Lumpur, Habib Ali gave a religious talk at the Baitul Aman Mosque, Jalan Damai off Jalan Ampang (June 13), visits the private educational institution of Adni Islamic School at Jalan Ulu Klang on the following day followed by a trip to the Islamic Educational Foundation at Jenderam, Selangor on Saturday, June 17.
On Monday (June 18) he calls on former prime minister Dr Mahathir Mohamad at the Perdana Leadership Foundation in Putrajaya before proceeding by road to Batu Pahat and Johor Baharu.

Asyraaf Malaysia get-together June 17, 2006

Pix 1. Guest of honour Datuk Syed Ali Alhabshee (in black shirt)

Pix 2. Hassan and Hazirah Alhabshee

Pix 3. Latifah Alhadad, Mariam (Hana) Alhabshee and her mum Fatimah BinSheikhAbubakar

Pix 4. Dancing the samrah

Pix 5. Asyraaf president Prof. Syed Omar Alsagoff dancing the zapin


The Asyraaf Malaysia organization held a get-together for its members and friends at the International Youth Centre, Cheras, Kuala Lumpur. The gathering, the first in such a way by Asyraaf, was attended by members, their families and friends from as far as Perlis in the north to Johor in the south. Musicians from Johor and Madura, Indonesia filled the Kampo Hall with traditional Yemeni melodies such as Zapin and Samrah.

Government to continue celebrating "kongsi raya"

The practice of holding "kongsi raya" and open houses in Malaysia will be continued so long they are not observed as religious gatherings, prime minister Abdullah Badawi was quoted by the national news agency, Bernama on Friday.

He said currently kongsi raya is being celebrated as more of a social gathering among Malaysia's multi-racial society.

"The celebrations have been going on very well and have not created any problems among the various races. They are not religious festivals but social gatherings without any religious rituals and customs to be witnessed by visitors and those attending the celebrations," Abdullah said.

On Wednesday, chairman of the Working Committee of the Ulama (Islamic scholars) Conference 2006, Harussani Zakaria was quoted as saying that the conference had called on the government to review practices such as the kongsi raya celebrations and open house to ensure that they do not contradict Islamic laws. He said the review was necessary because the National Fatwa Committee had decided that celebrating the festivals of the other religions would erode the Muslims' faith and could lead to blasphemy.

As and immediate reaction, I wrote a letter and was published by the New Straits Times (NST) today (Friday, June 16) pointing out that not all festivals are religious in nature. Most are cultural festivals celebrated by communities concerned, irrespective of their religious beliefs.

For example, Chinese New Year is not religious festival. It is celebrated by the Chinese, Muslims and non-Muslims.

The harvest festivals celebrated by the Kadazan/Dusuns of Sabah (Tadau Kaamatan) and Gawai Dayak by the Ibans/Dayaks of Sarawak are also cultural in nature and celebrated by the ethnic communities, both Muslims and non-Muslims. So is deepavali.

The only non-Muslim religious celebration in question is Christmas.

From my understanding, there are occasions when Muslims join in celebrating festivals of non-Muslims. Such practices glorify the peaceful co-existence which is recommended, particularly in a multi-racial country like Malaysia.

I strongly believed that Muslims should be allowed to attend such festivals so long as their attendance does not include participation in any haram (prohibited) action.

As Muslims, we are allowed to exchange gifts with non-Muslims, to congratulate them on happy occasions and to express sympathy if calamity strikes.

Serious implications if Umno sacks Mahathir

The rumour mills are circulating full speed in and around Kuala Lumpur that former prime minister and Umno veteran Dr Mahathir Mohamad will be sack from the party.

The "news" is so great that even leading Malay/Muslim opposition party, the Pan-Malaysian Islamic Party or PAS vice-president Husam Musa found it necessary to comment.

Husam was quoted by several media as saying that he has received information that prime minister and Umno president Abdullah Badawi is planning to sack Mahathir for his public criticisms against him.

Rumour mongers jumped into the bandwagon when Abdullah's deputy, Najib Tun Razak's statement (New Straits Times, June 14) indicated that there were indeed grave concerns about the negative impacts of Mahathir's criticisms on party discipline and coherence of the larger Barisan Nasional (BN) coalition.

Apart from Mahathir, it is understood that a witch-hunt is on the way. It is time for opposing Umno members to finish their rivals. Those in different camps are being identified for the kill.

It will be Umno and Abdullah's biggest mistake if Mahathir is kicked out of the party for a second time. In 1969, Mahathir was sacked for attacking the then prime minister and Umno president Tunku Abdul Rahman Putra. It did not diminished his political career.

Umno members will ask what about the assurance given by Abdullah that Mahathir enjoys the freedom of speech? Mahathir still enjoys strong support within Umno and the Malay community at large.

The support voiced by cabinet ministers and BN leaders are expected but could not be fully trusted. They will support whoever is in charge. Ministers do not want to lose their jobs.

So the statement by Najib that the vast majority of members (Umno and BN) were strongly behind Abdullah's leadership is simply political in nature and political statements are normally "half-truths".

If Abdullah and the Umno Supreme Council sacks Mahathir, it would be the most serious mistake by the party that would lead to the downfall of Umno and the BN government in the near future.