Beh Lih Yi
Sep 25, 07 3:25pm
exclusive Oct 10, 1988. What was to have been a special morning for
veteran parliamentarian Shahrir Abdul Samad ended with him being
penalised for defiance.
Just 46 days earlier, Shahrir had won the Johor Baru parliamentary
seat as an Independent in a by-election, with a whopping majority of
12,613 votes. He had held the seat for three terms since 1978, but on
an Umno ticket. He had resigned from the seat after his fallout with
then premier Dr Mahathir Mohamad, forcing a by-election.
As the swearing-in ceremony got underway in Parliament, he stunned
the House by refusing to stand when he was called to take the oath of
office before Speaker Mohamed Zahir Ismail. He was ordered to leave
the House.
Sixteen days later, Shahrir returned and took his oath before Zahir
so that he could keep the seat and perform his duties as a member of
parliament.
His refusal to take the oath the first time was an expression of how
strongly he feels about judicial integrity, he recalled in a two-hour
interview last week at his office in Sri Hartamas, Kuala Lumpur.
Zahir (left), a former High Court judge, was part of a six-member
tribunal that had found then Lord President Salleh Abas (right)
guilty of misconduct earlier that year and recommended his dismissal.
"I don't think it was a right thing to do (to sack Salleh)," said
Shahrir, now 57.
"To do it (impeach Salleh) without having all the necessary strong
reasons to make that move, that's the failure of the system - because
once you damage it, it's not easy to get it back..."
In 1988, Mahathir had Salleh tried by a special tribunal on charges
of misconduct, for questioning constitutional amendments that
seriously eroded the powers of the judiciary.
Two of five Supreme Court (now known as the Federal Court) judges -
George Seah and Wan Sulaiman Pawanteh - who had ruled that the
tribunal was convened unconstitutionally were sacked along with
Salleh after being found guilty of misconduct by the tribunal.
Return to Umno
The protest was typical of a politician often deemed a maverick
because of his outspoken ways and independent thinking.
Having been trained in economics and statistics, he then earned a
Master's in Business Administration. From 1983-1987, he helmed the
federal territory and welfare ministries respectively and was
generally seen as a potential high flier in Umno politics.
But 1987 saw infighting within party resulting into two bitter
factions - Team A and B - and then Umno being deregistered after
being declared illegal in a court ruling.
A supreme council member at the time, Shahrir was in Team B camp led
by Tengku Razaleigh Hamzah (photo). However, he was left out of the
new Umno pro-tem committee along with seven other council members.
Amidst the crisis, Shahrir resigned as MP and contested the ensuing
Johor Baru by-election as an Independent.
Shahrir returned to Umno in 1989 but took a back seat until his
return to full-time politics in the 2004 general election, when he
retained the Johor Baru seat.
'Ridiculous stage'
So what has changed within the judiciary two decades after his one-
man protest in Parliament?
Shahrir said he believed that the repercussions of the 1988 judicial
crisis are still being felt today, even coming to the "ridiculous
stage" where people can correctly predict the outcome of court cases.
"There are some judges who think they still have to be over-
conservative or over-protective of the government, rather than
justice," he argued, quipping that they may perhaps think they are
still in 1988.
Something has to be done, he said, and it needs to come from judges
themselves.
"It's really more of a problem of culture and personality, which has
caused the judiciary to be held in a position of some disrepute. I
hope that this culture can be dismantled if the personalities who are
now occupying the judiciary understand that things have to change and
try to go back (to how it used to be)."
Asked to comment on revelations in an explosive video clip on alleged
'judicial appointment-fixing', Shahrir said the matter has to be
investigated.
The eight-minute edited clip, said to be recorded in 2002, shows
senior lawyer VK Lingam talking on the phone allegedly with Chief
Justice Ahmad Fairuz Sheikh Abdul Halim - then the chief judge of
Malaya - about judicial promotions, among other matters.
(Ahmad Fairuz is said to have denied any involvement in the matter,
while Lingam has not been available for comment as he is said to be
abroad.)
"If (mentions of) fixing cases are bad enough, fixing appointments
will be worse," Shahrir noted.
He was not too optimistic that the problems within the judiciary can
be fixed anytime soon.
"Once the system is tampered with for some frivolous reason, the
repairs may take a long time to happen. You will need another
generation (to see the effects)," he added.
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