Call To Revisit The Case
Mahathir Mohammed stepped down from the premiership in 2003, having chosen Abdullah Ahmad Badawi to succeed him. In 2006, the relationship between the two became less than warm as Mahathir started to criticize the latter's policies. During this period, many begin calling for the judiciary or government to review the decision against the sacked judges. Among the loudest advocates of the review was Tun Salleh Abas himself. The administration dismissed such calls. Minister in the Prime Minister's Department Nazri Aziz, who was then de facto Law Minister, said that he was not convinced of the need to review the case.
After the 2008 general election which saw heavy losses for BN, Abdullah reshuffled his Cabinet. Within days of his appointment, new de facto Law Minister Zaid Ibrahim stated that the government had to openly apologise for its handling of the crisis, calling it one of his three main goals: "In the eyes of the world, the judicial crisis has weakened our judiciary system." However, he rejected the idea of reviewing the decision: "I am not suggesting that we re-open the case. I am saying that it’s clear to everyone, to the world, that serious transgressions had been committed by the previous administration. And I believe that the prime minister is big enough and man enough to say that we had done wrong to these people and we are sorry." The Bar Council welcomed the proposal. Newly-appointed Domestic Trade and Consumer Affairs Minister Shahrir Abdul Samad also voiced support: "The Government has apologised for so many other things to the people, such as the untimely destruction of temples and other issues. So, why not an apology to a former Lord President?"
Zaid's proposal was criticised by former Bar president Param Cumaraswamy, who insisted that Mahathir's administration, not Abdullah's, should assume responsibility: "Those who perpetrated the transgressions are still alive and they must be called to account for their conduct and seek forgiveness from the six valiant judges, their families and Malaysians generally for the sacrilege committed to the temple of independent justice." He also proposed that the government compensate the three sacked judges since "reinstatement of the three dismissed is no longer possible." Karpal Singh, lawyer and opposition member of Parliament, agreed: "Calling for the present administration to apologise is not a step in (the) right direction. It is not the present administration that convened those tribunals." Instead, Karpal suggested that a Royal Commission be set up. A few days later, The Malaysian Insider, a news website, reported that the Cabinet was critical of the proposal, citing the potential for legal liability if the government admitted wrongdoing. Zaid said that the proposal was still being considered, and that "we have to wait."
In April 2008, at a dinner with 600 members of the Bar and leaders from the opposition Pakatan Rakyat coalition, Abdullah acknowledged the impact of the crisis:
| “ | To a large extent, the events of 1988 have fueled much of the disagreement on how to move on. ... I can say with a clear conscience that I abided and will continue to abide by the principle of separation of powers, leaving the matter of justice to the judiciary. And yet the legacy of 1988 haunts us until today. ... For many, the events of 1988 were an upheaval of the nation's judicial system. Rightly or wrongly, many disputed both the legality and morality of the related proceedings. For me, personally, I feel it was a time of crisis from which the nation never fully recovered. | ” |
He then announced that the government would make ex gratia goodwill payments to the sacked and suspended judges: "I do not presume to equate your contribution, pain and loss with mere currency but I hope you could accept this as a heartfelt and sincere gesture to mend what had been." However, he refused to explicitly apologise for the events of 1988 or otherwise review them, saying it would "prolong the sense of crisis". Abdullah also announced his intention to set up a judicial appointments commission as part of his plans to reform the judicial system. Two of the six judges involved in the 1988 crisis — Tun Salleh Abas and Azmi Kamaruddin — and the families of the other four were present.
Zaid welcomed Abdullah's announcement in spite of the lack of a formal apology, saying: "(One) can say sorry in other ways." George Seah's son told the press that although all his father wanted was an apology, the family would not reject any goodwill payments. Tan Sri Wan Suleiman Pawanteh's wife said: "Although I thank the prime minister, I feel less than satisfied at his decision (not to make a straightforward apology). This is not the end of the story for me. (Without an apology) I don't know, people don't know, that my husband was not guilty. I want my husband's name to be cleared. I feel my husband was innocent. He was an honest judge...Even so, I am thankful that our prime minister cares about us enough (to do this much)." Tan Sri Eusoffe Abdoolcader's granddaughter regretted that acknowledgement had been so late in coming: "I wish he was here. He's the main person affected by all this. It's a different case from the others (Salleh and Wan Suleiman) because he was reinstated. It's been 12 years. It should have been solved earlier." Tun Salleh Abas however welcomed Abdullah's statement, saying: "I feel great. It was something I didn't expect. I suffered so much humiliation ... so much so I ran away from the public and took solace in being a farmer."
Read more about this topic: 1988 Malaysian Constitutional Crisis
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