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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Judge misconstrued our conversation, says Eusoff Chin (yeah, yeah..just like
u bumped into Lingam in NZ?)
By Carolyn Hong [EMAIL PROTECTED]
KUALA LUMPUR, Tues. - Retired Chief Justice Tun Mohd Eusoff Chin today said
he had called High Court judge Datuk Muhammad Kamil Awang over the Likas
election petition, but never told him to strike it out without a hearing.
Insisting that their conversation had been entirely misconstrued, he said he
would have been "mad" to direct a
judge to strike out a case without giving the parties a hearing.
"How can I give such an instruction when I don’t know the detailed facts of
the case? The file is not with me," he told the New Straits Times.
The police, meanwhile, have begun investigations into the case following a
report lodged by a senior police officer today (see report on Page 2).
Asked if he would co-operate with police investigations, Eusoff said he was
willing to give a statement at any time.
"They have to investigate, they have to do their duty. What I know, I will
give them," he said. Eusoff, who retired last December, said his phone call
to Muhammad Kamil was made
with good intentions, with the aim of getting the judge to speed up hearing
the election petition.
"I called him to expedite the case, he was late and other judges had already
finished their cases. The backlog was increasing. It’s normal for us to call
judges when they are slow," he
said.
He said the then Chief Judge of Sabah and Sarawak Tan Sri Chong Siew Fai
would have done his best to get the cases moving but sometimes, he had to
personally remind the
judges.
He added that the Likas petition was taking even longer than thosefiled much
later, though it was a policy that election petitions should be given
priority because of public interest.
He said Muhammad Kamil had told him that the case was complicated because it
involved challenges to the electoral roll.
Eusoff said he drew the judge’s attention to two relevant cases decided in
1964 and 1966 by Tan Sri Steve Shim (now Chief Judge of Sabah and Sarawak)
and Datuk Abdul Hamid
Mohamed (now Court of Appeal judge) respectively.
Eusoff said the cases had decided that the court had no jurisdiction to
determine the correctness of the electoral roll. Once it was gazetted, the
roll became final and had to be
accepted as correct.
It was the Election Commission’s duty to look into objections against the
electoral roll, under a special procedure. He said Shim had decided in the
1964 case that the court could not
go behind the roll.
"I merely drew his attention to the cases. It was like a pointer for him to
consider, it’s something which we often do among brother judges.
"If you disagree with the cases, it’s up to you how you want to proceed. You
are going to decide the case," he said.
Muhammad Kamil had, last Friday, stated in his judgment when declaring the
Likas election result null and void, that he had been directed over the
phone in mid-1999 to strike out
the petition without hearing it.
He hinted yesterday that it was a former top judge who called him - either
Eusoff, retired Court of Appeal president Tan Sri Lamin Mohd Yunus or Chong.
Asked if it was a misunderstanding, Eusoff said it was possible but felt it
was unfair to suggest that he had directed the case to be struck out. He was
merely pointing out cases
which touched on exactly the same point, as the judge may not be aware of
them.
"It’s possible he misunderstood because the decision in those two cases was
striking out. But it was really up to him. If he did not agree with the
cases, he could do as he felt
appropriate.
"I have nothing against Kamil," he said.
Asked if he felt hurt by the allegation, he said he did because of the
perception that he had given that directive.
Eusoff said Muhammad Kamil should not make such a vague allegation but
should come out with proof so that the person can defend himself. He added
that with such a general
allegation, everyone would have to come out with a denial.
He also said while people may make all kinds of allegations, they should be
prepared to face the consequences.
Meanwhile, when contacted, Lamin said he had no jurisdiction over election
judges who came under the Chief Judge of their respective areas. The person
with jurisdiction over the
entire judiciary was the Chief Justice.
"As the president of the Court of Appeal, I am not involved. I did not make
the call," said Lamin who retired in February.
When contacted, Chong, who had direct supervision over election judges in
the two States, said he would not respond as the accusation was vague.
"If an accuser makes an accusation capable of implicating unnamed
individuals who are members of a class of persons, I don’t see why each
person should come forward and say:
‘It is not me’," he said.
Chong said it was for the accuser to make his accusation in the clearest
terms possible, to enable the person accused to answer.
Nobody is surprised it was the corrupt weakling Eusoff Chin!
As widely believed and expected amongst the legal fraternity it was the
corrupt Eusoff Chin who made that call and directed Judge Muhamad Kamil
Awang to strike off
the petition without a full hearing. Of course that was on the instructions
of Eusoff’s ‘master’. Nobody is surprised. The CJ is not surprised, most
Magistrates and DPP’s are not
surprised and lawyers are the least surprised. Ask any magistrates and
they would tell you that an accused who is represented by a law firm from
Eusoff Chin’s wife is sure to get
an acquittal. Otherwise Eusoff will get tough with them. But who can blame
these magistrates and DPP’s. Most of them ironically are malay muslims but
obviously weaklings who
are supposed to fear God and not another corrupt weaklings like Eusoff.
Eusoff together with another corrupt weaklings by the name of Mohtar Dugong
brought the judiciary to where it is now. Much maligned and its credibility
and intergrity very much
questioned. It is very unfortunate that Mohtar Dugong has been elevated to
be a Federal Judge for his servile services to his ‘master’ in incarcerating
Anwar in Sungei Buloh. Both
of them is an embarrassment to the legal profession.
Judge Mohamad Kamil in his judgement said that, " the only guide to a man is
his conscience, the only shield to his memory is the rectitude and the
sincerity of his action". To
these noble words, I now called upon those election judges who had striked
out many of the election petition suits without a full hearing on the
flimsiest of reasons, albeit on
Eusoff’s directive, to leave the judiciary and asked for god’s repentence.
For by obeying Eusoff’s directive, they have broken the sanctity of their
oath of office namely that , " I
solemnly swear that I will faithfully discharge my judicial duties to the
best of my ability, and that I will bear true faith and allegiance to
Malaysia, and will preserve, protect and
defend its constitution."
Corrupt Eusoff Chin tried to defend himself by saying Judge Kamil had
misconstrued his call. Well Eusoff, can you answer the following questions:
1. As head of the Judiciary, what were you doing in Mahathir’s office and
house together with Mohtar Dugong just before your ‘master’ sacked Anwar and
have him humiliated and
subsequetly charged?
2. During the Anwar’s corruption trial what were Augustine paul and Mohtar
Dugong doing in your office after each day’s proceedings. Are you now
saying you called up Paul to
update him on the laws and gave advices on how to conduct the proceedings.
No wonder Paul keeps changing every now and then a decision which he had
pronounced in court.
Eusoff, there were many private eyes who saw Augustine sneaking everyday
into your office with Mohtar waiting patiently. Can you deny that in the
name of God?
3. As head of the Judiciary, what were you doing with Lawyer Lingam in New
Zealand and Italy and at the same time presiding in almost all Federal
Court’s cases involving the said
Lingam as counsel. Only a mad Chief Justice would do that.
Nobody is surprised at you. God has now given you your just and due reward
in your days of retirement for all the wrongful, deceitful and sinful manner
you discharge your duty
as the highest judicial officer in the land. Good luck.
Lastly a word of advice for Judge Ariffin jaka. Take the cue from the bold
judgement and judicial stand of Judge Muhamad Kamil before it is too late.
Everybody knows Eusoff and
Mohtar forced you to convict Anwar. In the name of God do the right thing;
seek forgiveness and repentance from God and gracefully leaves the
Judiciary. It is not a place for a
weakling like you. The moment you obeyed Eusoff Chin’s directive in
contravention of your oath of office, you lose your right in the eyes of God
to be a Judge. Remember for
every three judges, two will end up in hell. Augustine is one and don’t let
the second be you. Your action henceforth has brought tremendous shame and
embarrassment to
yourself, your family, the malays and the muslim’s community in Malaysia, in
the eyes of the world community. Malaysians deserve better judges than you
and Augustine Paul
who had who had in contravention of your oath of office pandered to the
command of the corrupt Eusoff Chin, who in turn is being led by the nose by
his ‘master’.
Judge Ariffin, do the honourable thing and resigned from service. At least
it will redeem whatever reputation or any integrity that have been long
lost.
Private eye
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