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:
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.