Malaysiakini.com

The doctrine of “separation of powers” may not be written down in our constitution but it has remained a fundamental feature of all parliamentary democracies of the Westminster model.

Of the three branches of government, the judiciary is charged with interpreting laws and adjudicating disputes. It must not only be independent but must be seen to be so.

Thus any interference with or encroachment on its domain is wrong. But where the wrong stems from collusion between the executive and the judiciary, it goes to the very core of civil society and spells the death of democracy.

When the administration of Abdullah Ahmad Badawi began in October 2003, the new Prime Minister did not mention judicial reform in his three-pronged platform of reform of the police force, reform of the civil service, and the war against corruption.

The assumption was that judicial reform was subsumed under the broader fight against corruption.

Today, even the most partisan member of the opposition cannot be accused of bias in asserting that Abdullah’s platform has stalled on all three fronts.

Recent reports of senior police officers amassing untold wealth, the surreptitious attempts to foist on the public a blatant rent seeking scheme known as e-Kesihatan, and the RM4.6 billion Port Klang Free Zone scandal, are but a few of the latest episodes of platform failure.

Sinking in a quagmire

VK Lingam’s recorded conversation underscores the fact that the culture of corruption inherited by Abdullah’s administration is still thriving.

The appointment of friendly judges and the improper conduct of people mentioned in the video are very much cause for concern today, when those same individuals, such as business and gaming tycoon Vincent Tan and Cabinet minister Tengku Adnan, continue to play conspicuous roles in Malaysian business and politics.

This latest expose of judicial impropriety threatens judicial independence at the core and undermines completely the rule of law.

We would have thought that a government sinking in a quagmire would stop at nothing to get to a life-line. In as much as a crisis may be turned into an opportunity, this episode offers at least that chance for the government to do the right thing.

The setting up of an independent royal commission of inquiry to conduct a thorough investigation into the scandal would be a good start.

Overhauling the judiciary would be the logical next step. Indeed, this warrants radical changes in the process of judicial appointments to ensure total independence from the executive and full accountability to the people through the Conference of Rulers.

But unfortunately this seems to be wishful thinking. Before the video was ever made public there was reasonable cause to probe the relationship between Tan and the current and former Chief Justices.

Oppressing the truth

But by casting doubt on the authenticity of the tape and threatening punitive action, the government has demonstrated its unwillingness to investigate the matter firmly and with an open mind towards rectifying weaknesses in the system.

Justice appears to have been turned on its head, where the highest authorities seek not to uphold the truth, but oppress those seeking to defend it.

Still, the Bar Council and other NGOs must be applauded for taking a firm stand on this matter and pressing forward with their courageous march, in spite of the attempts by an army of police officers to deny them their fundamental right to peaceful assembly.

Not surprisingly, after wasting an afternoon trying to thwart yesterday’s demonstration in Putrajaya, the police were still no closer to catching the murderer of Nurin.

Rather than attempting to divert attention from the real issue, we call upon the authorities to end their complicity in the perversion of justice and to discharge their duties to the Malaysian people and their obligation to uphold the fundamental tenets of our constitution.

ANWAR IBRAHIM