The Centre for Independent Journalism is concerned that the Royal Commission of Inquiry into the Lingam video clip (Commission of Inquiry on the Video Clip Recording of Images of a Person Purported to be an Advocate and Solicitor Speaking on the Telephone on Matters Regarding the Appointment of Judges) is taking a narrow view of ‘contempt of court’, in a way which potentially violates freedom of expression, as guaranteed under Article 10 of the Malaysian Constitution.
CIJ expresses its disappointment with the Royal Commission’s view on two articles — a press statement issued by Aliran and an article written by Anwar Ibrahim — as contempt of the Commission.
The press statement issued by Aliran was regarding the Royal commission’s decision not to call Anwar Ibrahim and four other witnesses to give evidence at the inquiry; while Anwar’s statement mentioned “unseen hands” manipulating the inquiry.
The Royal Commission has a duty that extends beyond its written mandate. Its duty is to instill public faith in the judiciary. This can only be done in an atmosphere of public debate and discussion on how the Commission is fulfilling its mandate. Smothering dissent under the catch-all provision of ‘contempt of court’ will not quell public dissatisfaction or concern about the judiciary.
The Royal Commission should take bold steps to protect the integrity of and to strengthening public confidence in the Judiciary, bearing in mind that the independence of judiciary has been questioned since the 1988 judiciary crisis. The video clip cannot be looked at in isolation.
This broader duty of defending justice is not reflected in the Commission’s decision to limit itself to the appointment of judges, saying that the fixing of cases was outside the terms of reference of the Commission.
Being seen to administer justice fairly is another key aspect of the Commission’s mandate. Unless its proceedings are transparent and transparently impartial, it will fail in its duty to strengthen public confidence in the judiciary. Thus, its decision to hold proceedings on 25 Jan 2008 behind closed doors was counter-productive, especially when no reasons were given for the closed door proceedings, which did not seem to have been initiated by requests from any of the witnesses called to testify.
CIJ hopes that the Commission will take up the onerous challenge before it, and conduct the inquiry in a professional, transparent and transparently honest fashion, thereby taking a substantial step in
restoring the good name of the judiciary.
The Centre for Independent Journalism, Malaysia (CIJ) aspires for a society that is democratic, just and free, where all people enjoy free media and the freedom to express, seek, and impart information.
Issued by
Gayathry Venkiteswaran
Executive Director
For more information, please contact Wai Fong at 03 40230772
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