MALAYSIA: Lawyers protest over judicial fixing charges
Updated
A video in which a prominent lawyer appears to be fixing judicial appointments has scandalised Malaysia's legal community. Amid a heavy police presence, lawyers took to the streets of the administrative capital Putrajaya in a rare protest.
Presenter: Joanna McCarthy
Speakers: President of the Malaysian Bar Council, Ambiga Sreenevasan
McCARTHY: The video tape from 2002 came to light last week. It allegedly shows a well connected lawyer on the telephone to a judge, promising to help him get a senior appointment. A promotion that indeed took place the next year. The President of the Malaysian Bar Council, Ambiga Sreenevasan, says the tapes contents are revealing.
SREENEVASAN: Well, it shows that the question of judicial appointment is made outside the provisions of the Constitution, that in fact there are people who are involved in the appointment who should not be involved in the appointment.
McCARTHY: The government has set up a panel to look into whether the tape is real, but Malaysian lawyers say that's not enough. Ms Sreenevasan addressed the protesters before she gave the prime minister's office a memorandum of demands.
SREENEVASAN: Yesterday, the government announced the setting up of an independent panel. I welcome this, because I think it is a positive move in the right direction. Of course we feel that a Royal Commission of Inquiry is the best option, and that is what our memorandum is going to say.
McCARTHY: The government had urged the Bar Council not to go ahead with the protests, but Ms Sreenevasan says they would not be deterred.
SREENEVASAN: Lawyers decided to proceed with that walk, because we believe there are larger issues at stake here, mainly the independence of the judiciary, the issue of the appointment and promotions process having to be more transparent, and basically the administration of justice. So as far as we were concerned, we were walking in respect of the larger issues, which only came to light as a result of the video tape, but it's something that has been simmering for a long time.
McCARTHY: If the authenticity of the tapes is proven, do you fear that this incident is part of a wider pattern of judicial fixing in Malaysia?
SREENEVASAN: Yes, we think that if it transpires that the contents are true and that the video clip is authentic, that this could be just one tip of the iceberg. We're concerned that there could be larger issues at stake.
McCARTHY: Judges are appointed by the King on the advice of the prime minister. Would you like to see that process changed?
SREENEVASAN: Well, we have asked, in fact the second memorandum that we handed into the prime minister yesterday was to call for a setting up of an independent Appointments Commission. That doesn't necessarily rule out the role of the prime minister and the king, but we believe that a Judicial Appointment Commission will be able - as it is in other jurisdictions - to carry out this process in a far more transparent manner.
McCARTHY: With political protests being fairly rare in Malaysia, what does it say? What is the significance, when lawyers are taking to the streets?
SREENEVASAN: Well, I said yesterday that when the bar walks - because this is not something that we do every year even. This is the third time we've had such a walk. What I said was when the bar walks, something is wrong. That means we feel very strongly about the situation in the judiciary and we hope that by that walking, we have exhibited how very seriously we take events surrounding the judiciary.
McCARTHY: This video was released by Anwar Ibrahim. Do you know how he got hold of the video?
SREENEVASAN: No, I have absolutely no idea and I presume that all these things will come out when the panel actually starts its inquiry.
