Laman Webantu KM2A1: 2615 File Size: 12.4 Kb * |
Fwd: MGG - Berkecainya Satu Impian CJ/AG By Marhain Tua 23/8/2000 8:05 pm Wed |
MGG59: BERKECAINYA SATU IMPIAN Ketua Peguam Negara, Tan Seri Mokhtar Abdullah, sehingga kini, telah kerap
disebut-sebut sebagai pengganti Tun Eusoff Chin bagi jawatan Ketua Hakim
Negara. Tetapi, tidak lagi. Sebagai seorang bekas hakim mahkamah tinggi,
beliau telah terpilih ke jawatan sekarang ini sejak lima tahun yang lalu
dengan melangkaui peluang hakim mahkamah rayuan, Tan Sri Lamin Yunos.
Mokhtar berumur bawah 55 tahun ketika itu, sedangkan Lamin sudah lebih tua
darinya. Pihak kerajaan pula ketika itu tidak mahu menggoncangkan keadaan
dengan melantik seseorang yang sudah melampaui umur persaraan. Ketua Hakim
Negara di waktu itu ialah Tan Sri Abu Talib Osman. Beliau telah
mencadangkan satu nama yang tidak disenangi oleh Lord Presiden (Ketua Hakim
Negara) Tun Hamid Omar. Memang Tun Hamid Omar merupakan seorang tokoh yang
berpengaruh dalam sistem perundangan ketika itu di sebalik peraturan yang
tidak membenarkannya memainkan peranan itu. Tun Hamid telah memilih Tan Sri
Mokhtar. Melonjaklah Mokhtar (kini lebih terkenal dengan jolokan
Mohtar 'dugong'; mungkin selepas ini diberikan pula jolokan 'Do Gone' -MT-)
ke mercu jawatan itu sehinggakan beliau berlagak sakan dengan jawatannya
dan pergi bercuti jauh dengan peguam ternama seperti Dato V.K. Lingam.
Diterjemahkan oleh -MT- 23 Ogos, 2000 Rencana Asal: [sangkancil] [MGG] From Chief Justice-To-Be To Attorney-General-That-Was
The Attorney-General, Tan Sri Mohtar Abdullah, was, until recently, widely
tipped to succeed Tun Eusoff Chin as chief justice. Not any more. A
former High Court judge, he was chosen five years ago over the president
of the court of appeal, Tan Sri Lamin Yunos. He was under 55 and Tan Sri
Lamin not, and the authorities did not want to upset the civil service
applecart by appointing someone beyond retirement age. The then outgoing
Attorney-General, Tan Sri Abu Talib Osman, had nominated another, but the
former Lord President, Tun Hamid Omar, who remains, despite his
indiscretions, a powerful figure behind the scenes on matter concerning
the judiciary and the legal service, opted for Tan Sri Mohtar. And Tan
Sri Mohtar it was. He quickly immersed himself in the perks of office,
going off on holidays with such eminent counsel as Dato' V.K. Lingam --
the holiday company of the chief justice who returns the favour by not
allowing him to lose a case -- and eminent business men as Tan Sri Vincent
Tan. But such actions, which would raise many a legal eyebrow, is
commonplace, or was until He Who Must Be Destroyed At All Cost's
excoriating diatribe in court against the chief justice and the judiciary
in general. His two recent appearances in court spelt doom for Tan Sri Mohtar.
He was under strict orders not to allow, in any circumstance, Dato' Seri
Anwar Ibrtahim to speak in court. He did, not once but twice. By the
simple expedient of dispensing with counsel and arguing his own case.
This gave him the opportunity to bring the cases against him into the
political arena. The Prime Minister is incensed. My sources tell me that
not only would Tan Sri Mohtar not succeed Tun Eusoff, he would get only a
six-month extension to clear his desk and leave. The Anwar addresses in
court, with its damaging a#sertions, none rebutted -- and, in Judge Gopal
Sri Ram's words in the M.G.G. Pillai appeal in the Court of Appeal, any
a#sertion unrebutted is deemed to be fact -- and therefore true. The
chief justice still has not made any attempt to rebut the charges raised.
Judge Ariffin Jaka, in the s###my trial, clearly lost his cool when Dato'
Seri Anwar coolly ignored him, but it reflects also the tremendous
pressures brought upon him. Tun Eusoff Chin brought the judiciary into bad odour with his narrow
interpretation of his office, insisting on appointing as judges those
beholden to him -- one indeed was master to Dato' V.K. Lingam during the
great man's articleship before his admission to the Malaysian Bar -- and
then given high profile cases. The two Anwar trials were presided over by
two just-appointed high court judges. The other more traditional judges,
unreliable in the chief justice's view since they could give judgements he
does not like, were sidelined. In the famous anonymous letter a judge
wrote about the judiciary, the chief justice reportedly remarked one judge
was shifted out so that he could get a heart attack! Tan Sri Mohtar
proved his mettle of total subservience to the Prime Minister by his
enthusiasm and call beyond duty to ensure that Dato' Seri Anwar was
convicted, even making a mockery, even by Malaysian standards we have come
to expect, of the prosecutorial process to ensure that. But he was not,
as the Prime Minister told a just dismissed editor-in-chief of the New
Straits Times more than a decade ago, 200 per cent loyal. One can at
least understand why Tun Eusoff refused to recuse when Dato' Seri Anwar
wanted him to: a public humiliation in court was more desirable than what
the Prime Minister could have in store for him. Any other judge would
have recused. In these circumstances, Dato' Seri Anwar Ibrahim could not exoect
justice. How could he, when the penalties on the Attorney-General and the
judges for straying from the executive straight-and-narrow is severe.
So, when Dato' Seri Anwar wanted the Prime Minister, and others, as
witnesses the prosecution did not call, the courts helpfully rejected
every move. (That has rubbed on his sons' too: In the Arbitration Court
last week, Dato' Mokhzani Mahathir's counsel could not understand why he
should be called even if the hearing stemmed from a news story Mr Ganesh
Sahathevan wrote in The Sun had as his main source, the man himself.)
But that clearly is not enough. Tan Sri Mohtar must go. And he would
soon. Who would succeed him? In the eeny-minie-mynie-moh system of
selection, since the judicial and legal service does not have competent
people for the job, another High Court judge is tipped. Small changes are
in the offing. Tun Eusoff's six-months extension also ruled out Tan Sri
Lamin, who retires next month, to succeed him. The new chief justice is a
Federal Court judge well regarded in the legal profession and the
judiciary. The judicial and legal worm clearly turns.
M.G.G. Pillai |