法情

你签了吗？

毁灭性的"1988年司法危机"以后，我们等了20年，才等到一个活色生香的证据。一生能有几个20年？

连法官都可以任人摆布，你生活的社会还有什么尊严可言？

司法改革，就看今朝，请莫错失良机，10月25日（明日）中午以前把你的英文姓名及身份证号码电邮至：

[email protected]

请咱们的最高统治者出手捍卫宪法。

点击新闻：人权律师号召向元首请愿 目标五千已有3241人响应 (http://www.merdekareview.com/news.php?n=5151)

http://chanweisee.blogspot.com/2007/10/blog-post_24.html


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Petition to the Agong to be submitted on 25/10/2007
====================================

Fairuz's term as CJ ends on 31/10/2007.

He has requested an extension.

4,008 concerned citizens have signed a petition asking for thesetting up of a Royal Commission to inquire into and investigate theveracity of what is depicted in the Lingam tape and, if confirmed to betrue,to set into motion the necessary steps to remove Fairuz and to clean upthe judiciary.

Inthese circumstances, in my view, Fairuz should properly have taken aleave of absence or have been suspended pending such an inquiry.

Instead, we are confronted with the audacious prospect of an extension
of his term!

The Conference of Rulers meets next week.

The matter of the extension or otherwise of Fairuz's term is almostcertain to be on the agenda before their Royal Highnesses.

Itis, in my view, important that the concerns of those who have bravelysigned the petition be made known to the Conference of Rulers.

For that reason, I shall be making arrangements to have the petitionand the list of signatories delivered to the palace on Thursday, 25th October, 2007.

If you have not signed the petition and would like to do so, you have until 12 noon, 25th Oct 2007.

Have you read the petition to His Majesty theYang DiPertuan Agung toask for the establishment of a Royal Commission to look into and stopthe rot in the judiciary and to return the judiciary to the rakyat?

To read the draft petition in English, please click
http://harismibrahim.wordpress.com/2007/09/25/return-the-judiciary-to-the-rakyat-a-petition-to-his-majesty-the-yang-dipertuan-agung/

The actual petition, complete with the language of protocol, can be viewed http://harismibrahim.wordpress.com/2007/09/30/the-petition-to-his-majesty-the-yang-dipertuan-agung/.

To sign up in support of this petition, please send your name and i.c.
number to :

[email protected]

The People's Appeal To His Majesty The Yang DiPertuan Agung

On 19/9/2007, the nation was rocked byanother scandal, this time in the form of a video clip which exposedwhat appears to be a telephone conversation between senior lawyer VKLingam and another person, allegedly fixing the appointment of ‘friendly’ senior judges.

Acareful study of the monologue presented in the video clip leaves avery clear impression that the telephone conversation is indeed betweenVK Lingam and the present CJ, Tun Ahmad Fairuz SheikhAbdul Halim and relates to the appointment and promotion of judges.Other judges are also named in the course of the conversation.

ThatTun Ahmad Fairuz had, subsequent to the release of the video clip,first responded that he would need to first view the video clip beforesaying anything, then issuing a ‘no comment’ response and only latelyand that too through a third party making a bare denial of being aparty to the conversation leaves us, the rakyat with a sense that TunAhmad Fairuz has not responded with complete candour on this matter.

Thisscandal now casts serious doubts on the suitability of Tun Ahmad Fairuzto head the judiciary as well as on the propriety of the appointmentsand promotions, made on the recommendation of Tun Ahmad Fairuz, ofseveral judges of the High Courts, the Court of Appeal and the FederalCourt.

We, the rakyat, no longer have any confidence whatsoever in the judiciary.

We,the rakyat have noted for some time that some very senior judges havebeen constantly overlooked in the numerous promotion exercises thathave proceeded during the tenure of Tun Ahmad Fairuz, with juniorjudges being preferred.

Wethe rakyat have also noted that it was recently reported that TheirRoyal Highnesses acting through the Conference of Rulers rejected twonominations by Tun Fairuz for the position of President of the Court ofAppeal and the Chief Judge of Malaya although these positions had beenvacant for a long time. It is rumoured that those nominated by TunFairuz were junior in comparison with many other more senior servingjudges.

We,the rakyat, have further noted that there is at least one judgepromoted to the Federal Court who, it is reported, has failed todeliver written judgments in up to as many as 35 cases, with the resultthat appeals by many who have been convicted of offences and are inprison are unable to have their appeals heard.

Thismost recent scandal also raises again real concerns about the suddenchange of the trial judge in an ongoing murder trial in Shah Alam.

We,the rakyat, are also gravely concerned about the recent decisions inseveral high-profile cases and whether these were ‘fixed’ by Tun AhmadFairuz and, if so, the implications it has in relation to the otherjudges of our superior courts.

Thereaction of the Prime Minister, other members of his cabinet and theAttorney-General to the matter of this video clip give us, the rakyat,no reason at all to believe that this scandal will be honestlyinvestigated so that the truth of the matter will never be known.

We,the rakyat, do not believe that the Prime Minister and his presentgovernment are committed to getting to the bottom of this scandal and,if ascertained to be the truth, to take all necessary steps to restorethe judiciary as a constitutional institution emplaced to
independently defend the constitution, the rights of the rakyat, and to uphold the rule of law.

Inthis regard, the announcement on 25/9/2007 by the Deputy Prime Ministerof a 3-man panel to be headed by one who was implicated in the sackingof Tun Salleh Abas in 1988 to now investigate this scandal fortifiesour belief that the present government is determined that the truth inrelation to this scandal never becomes known.

We,the rakyat, are gravely concerned that if this scandal is left to beinvestigated by the administration of the Prime Minister, the police orthe Anti-Corruption Agency, the rakyat will only witness anothercover-up, leaving us, the rakyat without any recourse to justice, eversuspicious whether the judiciary is to protect the rakyat or theinterests of a chosen few.

Thismost recent scandal raises concerns whether the corruption that hasbecome so prevalent in the management of this country has now also madeits way into the judiciary.

Forthese many reasons, we, the rakyat, now pray that Your Majesty may beso moved and in the exercise of the full powers conferred on YourMajesty to :-

1. direct the establishment of a Royal Commission to inquire into, consider and/or determine whether in fact the conversation reflected in the said video clip did occur between VK Lingam and Tun Ahmad Fairuz and the veracity of the assertions made by VK Lingam in the said video clip and, if found to be so, that the Commission be further mandated to enquire into, consider and/or determine:-

1.1 the involvement of all those named in the said video clip in connection with the appointment and promotion of judges;
1.2 cases in which VK Lingam was involved and which were heard and / or decided by Tun Ahmad Fairuz and / or any of the other judges named in the said video clip;
1.3 all acts carried out by Tun Ahmad Fairuz during his tenure as Chief Judge of Malaya, President of the Court of Appeal and Chief Justice, more particularly:-

* the basis of the appointment and / or promotion of judges by Tun Ahmad Fairuz with particular emphasis on the other judges named in the said video clip;

* the manner in which the members of the panels of the Court of Appeal and the Federal Court were selected by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice; and

* the manner in which files were allocated to the panels of the Court of Appeal and the Federal Court by Tun Ahmad Fairuz during his tenure as President of the Court of Appeal and Chief Justice.

2. the Royal Commission having ascertained that the conversation reflected in the said video did occur between VK Lingam and Tun Ahmad Fairuz and assertions made by VK Lingam in the said video clip to be true, to :-

* direct the Prime Minister to take all necessary steps to appoint a tribunal under Article 125 of the Federal Constitution to remove Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz; and

* direct the Prime Minister to take all necessary steps to suspend Tun Ahmad Fairuz and/or any and all judges found by the Commission to have been implicated, directly or otherwise by the acts of misconduct of Tun Ahmad Fairuz, pending the reference to and/or report of the tribunal.

3.direct the immediate establishment of an independent Commission for theappointment and promotion of judges to the High Courts, the Court ofAppeal and the Federal Court.

http://harismibrahim.wordpress.com/2007/09/25/return-the-judiciary-to-the-rakyat-a-petition-to-his-majesty-the-yang-dipertuan-agung/

［转贴］《独立新闻在线》
http://www.merdekareview.com/news.php?n=5218

拯救司法连署冲破原订目标
5036签名请愿书今上呈皇宫

■日期／Oct 26, 2007 ■时间／12:53:18 pm
■新闻／家国风云 ■作者／本刊陈慧思

【本刊陈慧思撰述】“拯救司法”（Save the Judiciary）连署运动收集到的签名已超出5000个签名的原定目标，在昨晚10时收集到5036个签名！

连署发起人人权律师哈里斯依布拉欣（Haris Ibrahim）原拟在昨日下午把首批签名（4934个签名）提呈到国家皇宫，可是由于需要针对用语作最后审查，他最后决定今早才提呈请愿书。

他昨晚在“人民国会”部落撰文指出，“拯救司法”连署运动已冲破5000个签名的原定目标，截至昨晚十时已收集到了5036个签名。

哈里斯昨日中午12时半左右告知《独立新闻在线》，“拯救司法”连署运动已收集到4934个签名；他正从工作地点彭亨赶到吉隆坡，准备在今日下午把首批4934个签名提呈国家皇宫。

他原先决定在昨日中午12时截止连署，唯因签名此时还陆续从各地寄至，因此，他决定展延截止日期，今后持续收集签名，以及继续把签名提交到最高元首手中。因此，他呼吁有意签署者继续把英文姓名和身份证号码发到savethejudiciary@gmail。

哈里斯9月25日开始号召连署向国家元首苏丹米占再纳阿比丁（Sultan Mizan Zainal Abidin，右图）请愿设立皇家调查委员会调查“资深律师参与游说晋升法官”短片。开跑迄今，哈里斯已收集到4934个签名，距离原订目标（5000个签名）尚差66个签名。

“拯救司法”连署是司法界人士继上街游行呈交两份备忘录给首相之后的另一项努力。9月26日，大约两千名律师和公民社会人士走上街头，从布城司法宫游行到首相署，呈交两份备忘录给首相阿都拉巴达威，促请他设立皇家调查委员会调查资深律师林甘（VK Lingam）参与游说委任法官短片，以及设立独立司法委员会主事委任和晋升法官事务。

哈里斯在请愿书中表达了本身无法信任现有调查制度，并担心这件丑闻将如其他事件一样遭掩盖，因为人民没有其他方法寻求公正，也不知道司法机关会选择捍卫人民的权益或特定人士的权益。

他从首相、几位内阁成员及总检察长对短片的回应，无法相信首相和内阁真的在努力调查此丑闻；如果短片属实，政府会否采取所需的步骤恢复司法机关的宪赋地位，捍卫《联邦宪法》、人权和法治。