Malaysian Judges Sent To Indoctrination Camp - Report

Malaysian Judges Sent To Indoctrination Camp - Report

Wednesday, 11 June 2008
(AFP)--Malaysian judges were sent to an indoctrination "boot camp" and threatened with dismissal to pressure them into making pro-government decisions, a senior judge said, according to reports Wednesday.

In explosive allegations made in open court, Justice Ian Chin also said he was threatened by former premier Mahathir Mohamad over high-profile cases, one involving a close associate of the then-leader.

"Now, though he is no longer the prime minister and so no longer able to carry out his threat to remove judges, the coalition party that he led is still around," he said, according to the Borneo Post.

Chin made the allegations before hearing a dispute over results of March general elections in Sarawak state on Borneo island.

He said he was targeted by Mahathir after refusing to award "astronomical" payouts in two libel cases in 1997, while a judge who agreed with the then- premier's views was promoted to the Federal Court.

Chin reportedly said he was then packed off to a five-day boot camp with selected judges and judicial officers.

It was without any doubt "an attempt to indoctrinate those attending the boot camp to hold the view that the government interest as being more important than all else when we are considering our judgement," he said.

Malaysian Bar Council president Ambiga Sreenavasan called for an inquiry into the allegations, which she said were "both startling and damning."

"Judges, both present and past, must be encouraged to come forward and provide information on any such instances of interference so that further action may be taken," she said according to the New Straits Times.

Mahathir stood down in 2003 after 22 years in power and his successor Abdullah Ahmad Badawi has been criticised for failing to carry out his promises to tackle corruption, which is deeply entrenched in politics and business.

Chin's allegations add to the pall cast over the country's judiciary by a recent royal commission into a sensational Mahathir-era video clip that showed a top lawyer brokering judicial appointments with the help of politicians.

Mahathir has challenged the authorities to charge him.

"I want them to charge me in court. Only then will I have the opportunity to expose more conflicts faced by the judges, including those who have implicated me," he said.

Mahathir's spokesman Sufi Yusoff told AFP the former premier was aware of Chin's comments and would respond in due course.

Justice Ian Chin tells of threats and indoctrination attempt

The Star Online > Nation Wednesday June 11, 2008
Justice Ian Chin tells of threats and indoctrination attempt

PETALING JAYA: A High Court judge here revealed that a former prime minister had threatened judges. Justice Datuk Ian H. C. Chin also said he and selected judges were sent to a boot camp to ensure they got the message.
Justice Chin said this before hearing an election petition challenging the results of the Sarikei parliamentary seat which was won by a Barisan Nasional candidate by just 51 votes.
In a report in the Borneo Post yesterday, that comes hot on the heels of the findings of the Royal Commission on the V.K. Lingam video clip, Justice Chin said the threat from the former prime minister came after he handed down two judgments in 1997.
One was a judgment on a libel case involving MGG Pillai and Tan Sri Vincent Tan where he refused to give what he considered to be an astronomical award.

Justice Datuk Ian H. C. Chin... he and selected judges were sent to a boot camp to ensure they got the message

Justice Chin said the other judgment was in an election petition on Bukit Bangunan in the Sri Aman Division that he ruled in favour of Independent candidate Donald Lawan against Barisan Nasional candidate Mong Dagang.
“Shortly after the two judgments, the Judges Conference was held from April 24, 1997 where the then prime minister issued a thinly veiled threat to remove judges by referring them to a tribunal and stating that, though it may be difficult to do so, it was still done.”
Justice Chin said the former prime minister expressed unhappiness with what he termed ‘the Borneo Case’.
“Everyone knew which case he was referring to,” he added.
Justice Chin said after the threat, the former Prime Minister said people should pay heavily for libel and he only got a single response from a Court of Appeal judge who asked if he would be happy with a sum of RM1mil as damages for libel.
“He approved of it and later made known his satisfaction by promoting this judge (since deceased) to the Federal Court over many others who were senior to him.”
A month later, Justice Chin said he and select judges and judicial officers were packed off to a boot camp from May 26-30, 1997 where there was an attempt to indoctrinate them with the view “that the government interest was more important than all else.”
“Stating this devilish notion was no less a person than the President of the Court of Appeal. Everyone was quiet during the question sessions.”
Justice Chin added “the perversion of justice” continued and recounted an episode when a fellow judge Muhammad Kamil Awang told him he had received a telephone call from the then Chief Justice asking him to dismiss the election petition that he was going to hear in Kota Kinabalu.
“We went into the possibility of making a police report or of writing to the Chief Justice a letter to record what he had said over the telephone but in the end he decided against it since it would be his word against that of the Chief Justice,” he said.
Justice Chin said he was happy to later on learn that Kamil did not bow to the pressure and went on to hear the petition, thereafter making a decision based on law and evidence.
Justice Chin said he wanted the parties involved in the current petition and their counsel to hear his disclosure in case they wanted him to recuse himself.
The High Court judge said he had twice stood unsuccessfully as a Barisan Nasional candidate for a parliamentary and later for a state seat in Sabah in the 1980s and in one of those elections he was defeated by a DAP candidate.
“Now, though he is no longer the prime minister and so no longer able to carry out his threat to remove judges, the coalition party that he led is still around” and the second respondent was a Barisan candidate and “it may cross someone’s mind that I may have an axe to grind against the party concerned or any party thereof.”
To this, he said: “No amount of words from me would assuage you of your worry. You will have to read my judgments as to whether they are according to the evidence and the law or were influenced by threat.”
Chin then adjourned for half an hour to let the parties consider whether they wished to make any application for his recusal.
However, the parties – DAP’s Dr Wong Hua Seh and Barisan’s Ding Kuong Hiing – expressed their full confidence in him in presiding over the hearing of the case.
Tun Dr Mahathir Mohamad was prime minister at the relevant time. He was not available for comment yesterday.