DAP calls for Judicial Tribunal to investigate into  all the allegations made by Anwar on Tuesday  during his application and submission that Chief Justice Eusoff Chin should recuse himself from the Federal Court hearing

Media Statement
by Lim Kit Siang 

(Petaling Jaya, Thursday): DAP calls for the establishment of a Judicial Tribunal under Article 125(3) of the Malaysian Constitution  on whether Tun Eusoff Chin should be removed as Chief Justice.

The   Judicial Tribunal should  investigate into  all the allegations made by  former Deputy Prime Minister Datuk Seri Anwar Ibrahim  on Tuesday  during his application and submission that Chief Justice Eusoff Chin should recuse himself from the Federal Court appeal  hearing in connection with the issue as to whether the Prime Minister, Datuk Seri Dr. Mahathir Mohamad should be subpoenaed to testify in his sodomy trial because of his "great  apprehension and  fear of bias" on Eusoff Chin’s part.

The  Chief Justice’s refusal to recuse himself and the Federal Court’s decision to reject Anwar’s application that Eusoff Chin should withdraw himself from the appeal case is separate and distinct from the issue as to whether a Judicial Tribunal should be established to decide  whether Eusoff Chin should be removed as Chief Justice.

In fact, most of the issues raised by Anwar in the Federal Court had already become burning national and international controversies gravely undermining public confidence in the accountability, independence, impartiality and integrity of the judiciary, and they are powerful reasons why it it is imperative and urgent to  empanel a Judicial Tribunal as to whether Eusoff Chin should be removed as Chief Justice.

Some of these issues including Eusoff Chin’s  inability to clear the cloud of judicial impropriety and misconduct arising from his New Zealand holiday with lawyer Datuk V.K. Lingam in December 1994, have plunged the judiciary into an unprecedented crisis of confidence where the dilemma of the highest judicial officer in the land accused of having himself  violated the Judges’ Code of Ethics could find no forum for adjudication - resulting not only in justice not being done, but also justice not being seen to be done.

The catalogue of cases submitted  by Anwar in his application  for Eusoff’s recusal from the Federal Court appeal are all pertinent subjects  for the Judicial Tribunal to examine and decide on whether Eusoff Chin should be removed as Chief Justice, such as:
 

 
It is sad and tragic  that Parliament at its July meeting failed to address the fundamental issue of the worst crisis of confidence faced by the Malaysian judiciary, but this issue cannot continue to be swept under the carpet if Malaysia is to regain national and international confidence in its system of justice so that it would not be a major reason for the loss of internatioinal  confidence in Malaysia as an investment destination.

In this connection, the Prime Minister should clarify whether it is true that before the "forced" resignation from the bench  of Justice Dr. Visu Sinnadurai, one of the most qualified judges in the country, Visu had submitted  a written  memorandum to Mahathir and Anwar when he was still Deputy Prime Minister  on the judiciary concerning Proposals for Reform on the Judiciary.

According to Anwar in the Federal Court on Tuesday, the Visu Memorandum on Judicial Reforms emphatically stated:
 

Mahathir should explain what action he has taken to uphold judicial accountability, independence, impartiality and integrity after he had received the Visu Memorandum on the judiciary and his proposals for judicial reforms and whether the Visu Memorandum was ever presented to the Cabinet for consideration.

(3/8/2000)

*Lim Kit Siang - DAP National Chairman