Tuesday, March 15, 2011

And Finally, the Salleh Abas Case....

Pakdokter had been struggling to find time to read Mahathir's Memoirs since purchasing the copy on the day it was launched. Unfortunately with the earthquake and tsunami in Japan, pakdokter had to pay attention to Rastam's status in Tokyo - and pakdokter was also not going to forgo pakdokter's passion for golf! So much of the time during the weekend was taken out for golf.
But still the 10 minutes on the train each way daily to the clinic, the hour or so on the 'throne' every morning ( pakdokter's bowels are well trained to discharge wastes at the same time daily - just like the many predictable Japanese gadgets!) - did allow pakdokter to catch up on the reading. Pakdokter had meant to put up comments on many of the other chapters - but there were too many of them and pakdokter does not have the habit of keeping notes like Mahathir ( or Vaclav Havel of Czechoslovakia whose memoirs pakdokter just read last month). And a fair amount of computer times were spent keeping in touch with Rastam these past few days.
The chapter on the judiciary came around the 600th page of the book. Some lawyer groups on facebook had already been seen to have commented on this. They were all either rapid-readers or they had just gone straight to this chapter. And of course most of them just pooh-poohed Mahathir's explanation of the problem.
In fact what Mahathir wrote in the book is not new - this fact had been reported quite recently - if pakdokter remembers right - during the infamous Lingam Royal Commission enquiry. That Tun Saleh Abbas was asked to be removed by the then Agong because he had insulted His Majesty by writing a letter of complaint to the King ( and sending cc copies to the other brother Sultans) about the noises from the construction activities of the King's residence which happened to be at the Lord President's neighbouring site.
What would pakdokter do if pakdokter was the PM? The same as Mahathir - i.e. show the letter to Tun Abas for his wisdom and rightful decision to avoid as much embarassment as posible to everybody.
What would pakdokter have done if pakdokter was Tun Abas?
Pakdokter would have asked for an audience with the King, apologised ( for this breach of protocol) and appealed for His Majesty's kindness and if so insisted, pakdokter would have tendered pakdokter's resignation. Full stop. If pakdokter was lucky, His Majesty the King may even give pakdokter a hug and let pakdokter go with a gentle reminder.
Pakdokter had read Tun Abas's book on this matter when it came out many years ago - and pakdokter must admit that pakdokter is not so clever, being just a simple Melayu with an average intelligence and common sense. Many of the legal jargons and reasonings are beyond pakpandir...oops sorry ...pakdokter's comprehension.
But Tun Abas's silence on this issue is a little difficult to understand. Perhaps the learned Lord President should write his memoirs and his version of the event. Tun Abas has never denied about that letter. Whether he wrote that letter to the King and His fellow Brothers or not could still be verified - some of the Sultans then are still holding Court and the Attroney-General then is also still kicking and running around. How pakdokter wished they all can do their bit by writing their pieces of history.
Pakdokter is not interested in who is right or wrong - very often things can be both right and wrong. But let's try to put history on record. We can learn a lot from history.

4 comments:

samat moain said...

Good dissection.Had it not for the memoir, we would not have known about the complaint letter to the King.

Anonymous said...

Dear Pakdokter,

From JMD arrived here and by coincidence had spent a good part of yesterday in cyberspace "researching" the Tun Salleh affair.

What is a common belief is that there were two letters 1) the noise complaint and 2) on behalf of 20 fellow judges authored by Tun Salleh himself complaining about Executuve interference in the Judiaciary by Tun Mahathir

"He convened a meeting of all 20 federal judges in the national capital of Kuala Lumpur. They decided not to directly challenge Mahathir, and instead address a confidential letter to the Yang di-Pertuan Agong (King) and the rulers of the various states."
http://en.wikipedia.org/wiki/Salleh_Abas

interstingly..
http://mykmu.net/~mykmu/modules.php?name=News&file=article&sid=6529

see Fourth Allegation



There is also a conspiracy theory of sorts vis a vis the appeal by the UMNO 11 on the Justice Harun decision. http://www.malaysianbar.org.my/administration_of_justice/crisis_in_the_judiciary.html

After much literature perused on the net I came to following conclusion.

The argument within the legal fraternity that cried foul at the Tun's sacking, citing seperation of powers of the branches of Govt that is the Legislature, Executive and the Judiaciary, is all bluster.

Tun Salleh being the Lord President at that time could not be removed by any whim or fancy. He was the head of one Branch of Govt.

Any perceived (or not) interference should not have shaken the foundations of the Judiciary. How could it?

Then why in God's name then did he write the letter to the King and Rulers complaining this "interference"?


Being the highest officer in the Judiciary, isn't he also guilty, for asking the King and Rulers (some define these entities as being part of the Executive) to intervene. For if they did (which they obviously could not) then it follows that the Executive via the Rulers HAS influence on the Judiciary!

What everyone conveniently fail to mention is that being at first having faith in the King and Rukers for recourse, he himself refused to take part in a Tribunal called by the King.

Sorry for a long winded comment as I read that you are quite busy. Its my five cent worth

Thank you and regards.

Anonymous said...

What everyone conveniently fail to mention is that being at first having faith in the King and *Rulers for recourse, he himself refused to take part in a Tribunal called by the King.

pakdokter said...

Dear Kevin,
Your comment appreciated. I am aware of the second letter of complaint. But I am not sure if his brother judges then were aware of his first letter.......