News of Abdul Malek Hussin's court win and award of RM2.5 million over his unlawful Internal Security Act detention and torture in 1988 gives us hope that the court can still deliver justice if left on its own.
The decision also adds further evidence to our belief that the ISA has been abused and should be repealed and the IPCMC, a key recommendation of the Royal Commission into the Police Force to form an independent body to oversee certain aspects of the police, is urgently needed to check unlawful and corrupt police behaviour.
We should not think of corruption purely in financial terms but the manipulation of all the vital institutions of the administration especially the judiciary and police by politicians, business interests, criminals and others purely for their own self interests, so that those institutions are unable to function independently and deliver their services without prejudice.
It is of vital national interest that there be checks and balances that preclude the meddling from self vested interests and these institutions be left alone to work to the highest standards of their professional ethics and moral integrity. It is what a democracy and a clean and open government is about. It is what Malaysians who love and respect their country desperately want and need.
Transparency and accountability aided by a free media and honest judiciary and police force is the formula for a true democracy because sometimes we can't rely on our leaders, some of whom who are supposed to be paragons of religious virtue but who fail their own religion and the test of common decency.
The government should look into the irresponsible behaviour of these anointed religious leaders. Not long ago on the ABC Four Corners programme, the Perak mufti was seen uttering seditious remarks which are totally untrue. In the interview he said, among other things, "Now the rich... now who's having the rich economy in this country... the Indians and the Chinese. They bully the Malays, that we know... that I know."
And prior to that, he alluded to May 13 and implied that if non Muslims disturb his religion then there could be a repeat of the bloody riots instigated by politicians. We know how untrue and hurtful those false statements are. His interview can be watched on YouTube .
This man purportedly caused a commotion near a church last year when he circulated false information about Malays converting to Christianity. It is unacceptable that a religious leader can utter and spread lies against others in violation of his own religion, which does not condone lying and slander. His words also undermine the government's efforts in maintaining national unity. He should be stopped before he causes more harm to the community and the country's image abroad.
Last year, in Australia there was a mufti who was always putting his foot in his mouth and uttering similar divisive remarks about others and he was subsequently removed by his own community who were embarrassed by his constant gaffes and unhelpful comments. I should like to think that Islam promotes peace not hatred, and those who say and do what is outside the teachings of the religion ought to be seen as what they really are troublemakers and be replaced by the true peacemakers.
The court win for Abdul Malik Hussin is also a win for the country.
It highlights the need to keep the judiciary independent and to carry on its work according to the highest standards of jurisprudence. Malaysia inherited the British system of justice which has a long history and proud tradition of independence, brilliant minds and sound wisdom in its decisions. It is a shame to lose it all because of extraneous interference, political or not.
In 1988, we saw the death of judicial democracy when the respected chief justice was sacked for not bending to the political will of the day. Asking a good and decent judge to do something against his moral conscience, professional training and betray the people and judiciary is like forcing a Muslim to eat pork or pray to an idol. It was an unkind and cruel act, and fortunately the noble judge did not capitulate and the rest is history. It is good to know that there are Malaysians of principle who will not bend their knees to Baal and commit acts of sacrilege.
It is timely, fair and necessary that there be a royal commission into the judiciary to salvage the judiciary itself, improve its workings, eg court delays and postponements of decisions, etc, and the whole system of the appointment of judges. We all know the proverbial dictum that justice must not only be done but be seen to be done.
Unless the doubts over the integrity of the judiciary are removed by an independent and credible inquiry like a royal commission, which will have more legal powers than a panel of inquiry, the reputation of the judiciary will always be under a cloud and suspected of being under political influence, even if the judges have acted above board. This will be bad for the country. It is a different matter for a politician to lack credibility but never a judge.
Like many others who are concerned for the country's sake, I believe the present panel formed to investigate the Lingam video scandal will not be able to deliver what only a royal commission can. It is like comparing chalk and cheese. A royal commission itself does not guarantee that the judiciary will be saved or that those who have been guilty of judge fixing will be punished unless the government finds the moral courage to act without fear or favour and take the appropriate action based on the recommendations of a royal commission.
In the light of all the scandals, all good leaders must lead and rise above politics and do what is right. If they fail to act expeditiously and right the wrongs then they are all derelicting their duty and betraying the trust of the people who gave them the mandate to govern. They who say it can't be done should not stand in the way of those who say it can.
If Malaysia is serious about being a towering nation, it should start building from the bottom up and clean up its act. The government should listen to the people and work with them and do what is right. It should give serious thought to reforming its major institutions that have been tainted by scandals and allegations of corruption.
The starting place is the judiciary which should be safeguarded against political interference and corruption. Our confidence badly needs to be restored and it will take more than one honest and fair court decision.
