Posted by Hadid al akwan
Saturday, 14 June 2008
I refer to the police report lodged by Karpal Singh the DAP, Member of Parliament for Bukit Gelugor (NST/The Star-12th June 2008) pertaining to the malicious, outrageous and derogatory allegation made by Ian chin, the High Court Judge, Sibu against Tun Dr. Mahathir when sitting on the bench (NST/The Star- 11th June 2008) .
2. Karpal Singh is not only a politician but also a senior practising lawyer. I am also a senior practising lawyer but the only difference is I am not a politician.
3. Karpal is very quick in making the police report against Tun Dr. Mahathir and I can understand the reasons as he had very difficult times and a running battle in the opposition with Tun Dr. Mahathir the previous prime minister and the president of UMNO for the past twenty two years or so. Therefore he will attempt to take every blow if he can against Tun Dr. Mahathir and hope to succeed.
4. Karpal Singh has always advocated the rule of law and justice. What I can’t understand is as a senior practising lawyer advocating the rule of law and justice he is absolutely turning a blind eye when he clearly knows that Justice Ian Chin has blatantly abused his powers in using the bench to make malicious, derogatory and outrageous remarks against Tun Dr. Mahathir under a cloak of judicial immunity ‘’ in anticipation’’ of objections from counsels for both parties prior to the hearing of an election petition when there was no such objections forthcoming and stepped into the political arena or displayed a political agenda.
5. The rule of law and justice does not begin by a judge using the bench to make malicious, derogatory or outrageous remarks to anybody whosoever. Had Ian Chin made such malicious, outrageous or derogatory remarks against Karpal Singh I am sure he would have forthwith called on the present prime minister, Datuk Seri Abdullah Badawi to initiate a judicial tribunal to be set up to try Ian Chin for misconduct or to bring this matter up in parliament to impeach him (I’m sure he is able to obtain the two-thirds majority he requires in parliament as the opposition is now strong). Recently, he made a threat to file a motion to bring Justice Datuk Mohamed Apandi Bin Ali, High Court Judge, Kuala Lumpur to parliament allegedly for a reprimand made against Karpal’s law firm (NST, 18th April 2008) claiming that he can get the two-thirds majority to do so.
6. Why is Karpal Singh turning a blind eye for such a serious act of misconduct by Ian Chin which will not only bring disrepute to judges, the judiciary as a whole in the eyes of the public and the world? (Other judges have also made outrageous and disparaging remarks against another judge when sitting on the bench in the recent past). Is this going to be the trend? It is apparent that the rule of law and justice advocated by Karpal Singh is at his own whims and fancies and to create a bad precedent by judges.
7. Karpal Singh is capitalising on the spiralling turbulent judicial crisis which is actually happening now caused by various factions and the inherent weakness of the present government of Abdullah Badawi which is obviously to his benefit.
Mohd Yacob Karim