FAC News
9 February 2001 - 10.00
A Malaysian judge speaks out

FAC News recently interviewed a very senior Malaysian judge on the state of Malaysia’s judiciary. He consented to the interview on condition he could remain anonymous.

“I will be retiring in a couple of years more,” he said. “Then you can reveal my name. Until then I will have to remain anonymous or else they will sack me.”

Many issues were discussed on broad-ranging subject matters and these are some excerpts of that interview.

On the Internet

I belong to the old generation. I do not know how to go into the Internet. I prefer to read proper books. So I am sorry if I am not in touch with the latest political developments or what is being said on the Internet.

On books

That is the problem with the Malays nowadays. They don’t read anymore. They also don’t produce anything or publish their work.

On the Proposed PAS-UMNO Dialogue

Why does PAS want to sit and talk with UMNO? PAS already got burnt in 1969. Have they already forgotten? UMNO is not sincere. They will just try to use the talks to discredit PAS.

On Dr Mahathir Mohamad

I pity Mahathir. I don’t despise him as much as I pity him.

I admit Mahathir has done some good things for the country. But all these good things will never be remembered. People will only remember the bad things he did. Even if he did more good things than bad things people will only remember the bad things – not the good things.

I remember what Tunku (Abdul Rahman) said when he was asked what is the most difficult thing to do as Prime Minister. Tunku replied, “To know when your time is up”.

That’s what’s wrong with Mahathir – he does not know that his time is up.

No one wants Mahathir around anymore. Mahathir knows the people don’t want him anymore but still he refuses to go. Mahathir is stubborn. He lets his ego dictate his actions. He refuses to face the truth that he is no longer wanted.

One should retire before one is not wanted anymore. Why wait until the people don’t want you before resigning? You should go before you are unwanted.

I cannot understand the UMNO members. Why do they still keep Mahathir around? Mahathir already said he does not need UMNO to become the Prime Minister. Why then do the UMNO members still need him?

Mahathir treats the UMNO members and the Malays with contempt. He looks down on the Malays and UMNO members. But the Malays don’t want to kick him out.

Mahathir should read his own letter to the Tunku in 1969. He said exactly the same things to the Tunku that people are now saying to him. What he did to the Tunku people are now doing to him.

That is life. What you do to others eventually comes back to you.

But while the Tunku knew when to give up, Mahathir does not. He still wants to hold on.

I still have a copy of Mahathir’s letter to Tunku. Do you have a copy? If not, I can give you a copy. You read the letter and see how close it is to what Mahathir is today. It’s as if that letter was written for Mahathir instead of Mahathir writing to the Tunku.

Mahathir likes doing this to himself. He builds up things then tears it down again. He did this to the economy. He does it to himself. He did it to the judiciary. Mahathir destroyed the judiciary.

On the appointment of Dziauddin

I find him capable of making an independent decision. He seems to have a mind of his own and dares speak out even when his view is against the majority view.

On the appointment of Mohtar Abdullah

Mohtar is totally incapable and lacks professionalism. What has he written? He has never written anything at all.

People are judged based on how many judgements they have written. Mohtar has written nothing at all. This shows how incapable he is. He is totally unqualified for the job.

You go yourself and try to search for something he has written. You will find nothing. He has written nothing. He should not be in that job.

On Eusoff Chin

He was one of the tribunal judges (on the suspension of the five judges). Of course, Eusoff Chin was well rewarded.

You know? There is a provision where judges brought before a tribunal can ask that the press be barred from the proceedings. However, while the five judges being tried wanted the press to cover the proceedings, it was Eusoff Chin who barred the press.

The five judges wanted the whole world to know about the tribunal but Eusoff Chin wanted it blacked-out. Anyway, one of the judges tape recorded the entire proceedings though this is not allowed. I think, one day, he will publish a book on what happened at the tribunal. The world needs to be told the truth.

They brought five judges to face the tribunal. Two are now dead. There are only three still remaining.

On the Malaysian Judiciary

Our Malaysian judiciary is now totally destroyed. Mahathir destroyed it.

Even our Malaysian Universities no longer quote local cases. The local law students are so ashamed of the Malaysian courts they no longer use local cases as references.

Law is based on precedence. That is also what Islam prescribes. Prophet Muhammad was the world’s greatest jurist. If you go to Lincoln’s Inn you will see Prophet Muhammad listed in the hall of fame of greatest jurists.

But what judgements made locally can we take as precedence? Of late, none!

You must read what Harun Hashim wrote about the Malaysian judiciary. Then you will get a good idea of what I mean.

Today’s judges make judgements based on “tepok dada tanya selera” (following their temptation). You cannot do this. You cannot just do what you feel like doing. You must fall back on precedence in interpreting the law.

Even in Islam this is what one must do – the Hadith (sayings) and Sunnah (actions) of Prophet Muhammad.

The Malaysian judiciary is in such a mess. And it is all Mahathir’s doing.

Raja Petra Kamarudin