From The Singapore Straits Times 18th March 2001

Malaysian courts, the press and the police - all have fallen short in the eyes of the public, according to a new poll. Malaysian correspondent BRENDAN PEREIRA examines the reasons for this ebb in confidence and looks at what the government is doing about it

KUALA LUMPUR - A gathering of young Umno members were served a warning recently - change or risk being changed: your political career is at stake.

The advice came from Finance Minister Tun Daim Zainuddin, who spoke on the state of the judiciary, the sluggishness in fighting corruption and the need for fresh faces in the ruling party at the closed-door meeting last month.

He hit a wall of doubt among the party's future leaders.

Image problem: Public confidence in the judiciary, media and police has taken a beating. A survey showed that only two in 10 people polled were happy with the state of the courts system. But since the well-received appointment of Tan Sri Dzaiddin (left) as Chief Justice of Malaysia, the judiciary has seen some welcomed changes.

Some of the ruling party's young politicians doubted that the picture of Malaysia was as bleak as that sketched by Prime Minister Mahathir Mohamad's lieutenant.

They should doubt no more.

A soon-to-be published survey of government institutions and the media shows that public confidence in the judiciary, newspapers, police and civil service is low.

Only two in 10 people polled were happy with the state of the courts system.

The figures were marginally better for the police, the media and Parliament.

Latest figures from the Audit Bureau of Circulation show that sales of all the major newspapers are down, with the New Straits Times taking a big hit.

This sentiment could spell trouble for the Mahathir administration, if left unchecked.

It could harden into disdain for authority and the rule of law, making the already difficult job of governing Malaysia's 22 million people into an impossible task.

Or it could drive more Malaysians from the mainstream and into the hands of 'alternative role models' such as ulamaks, the religious teachers who preach conservatism over moderation.

The mosque will become the refuge for those disillusioned by the erosion of public institutions. Professor Shamsul Amri Baharuddin, a noted political analyst, issues an ominous warning: 'Any lasting loss of confidence in government and democratic institutions could force the people to opt for the opposition in 2004. Mind you, not out of choice but frustration.'

CONFIDENCE ON THE WANE

THAT frustration had its genesis in the political upheaval that followed the sacking of former deputy prime Anwar Ibrahim in September 1998.

The detailed accounts of judicial cruelty heaped on a man a cusp away from the country's top job changed the way many Malaysians viewed their government.

But really, his verbal darts merely stoked a fire that had begun to burn years ago.

Confidence in the judiciary - once the most respected in the Commonwealth for its independence and quality of judgments - has been on the wane since Lord President Salleh Abas and two other judges were removed controversially in 1988 by a government-appointed tribunal.

Since then, the perception has taken root that the separation of power between the judiciary and executive has been lost forever.A series of occurrences along the way also undermined public confidence.

Among them: in 1997, a sitting judge made crippling allegations against his brethren, accusing them of cosy relationships with business tycoons, corruption and plain incompetence.

A government inquiry cleared the judiciary of wrongdoing. But the damage was done and the mark remained.

Datuk Sheikh Daud Ismail, who recently retired as a Court of Appeal judge, said in remarks on welcoming the new Chief Justice: 'People have always felt that the courts would be the place where they could get justice. But based on a few cases and a few things that have happened in court, the people have come to realise that the courts have disappointed them.

'It is the norm for judges' cars to be tinted for security reasons but for me, it is to hide my shame.'

Not surprisingly, the International Bar Association in its report titled 'Justice in Jeopardy' noted: 'There must be a truly independent judiciary, fully prepared at all times to do justice for all, whether strong or weak, rich or poor, high or low, politically compliant or outspoken.'

These words are not lost on Datuk Rais Yatim, the de facto law minister.

He says: 'The administration of justice has come under heavy criticism. The government cannot simply leave it at that. We must do something fast.'

He did.

The Sunday Review understands that the qualified lawyer played a pivotal role in the elevation of Tan Sri Dzaiddin Abdullah as the Chief Justice of Malaysia - a public office appointment as well-received as any since independence in 1957.

It is learnt that several names were whispered into the ear of the Prime Minister but a group of ministers made it clear that only an upright and brave man could pull the judiciary out of the abyss.So far, Tan Sri Dzaiddin has not disappointed. He has re-emphasised the adage: that justice must be seen to be done.

No more uneven distribution of cases to certain judges. No more anomalies in applying the law.

He gave a demonstration of this approach when he wondered why a Federal Court judgment delivered on Dec 22 last year did not have the grounds of the decision.

'This is the first time in my judicial career of 17 years, I have not seen the names of judges typed on the judgment. Only signatures,' he said, implying that procedures had not been followed by the court, which included former CJ Tun Eusoff Chin.

Predictably, his appointment as the top judge has prompted a rush of litigants seeking judicial review of past decisions.

Says PAS secretary-general Nasharuddin Mat Isa: 'Tan Sri Dzaiddin seems to be doing a good job. But he has to undo a decade of damage before confidence will return.'

In the eyes of the Kuala Lumpur chapter of the Bar Council, much more house cleaning is needed.

A good part of its memorandum on the 'Administration of Justice in Malaysia' touches on police powers.

It wanted more thorough investigations into all police shootings and the reckless use of firearms.

The council also wanted those held on remand to be given access to lawyers within 24 hours of arrest.

At a recent inquiry into human rights abuses by the government-approved Human Right Commission or Suhakam, a housewife told how she was ordered by a policewoman to strip in custody and do knee bends.

The inquiry into police action to break up a street demonstration reflects changes under way since Anwar's sacking, such as growing demands for official accountability.

Forcibly breaking an illegal assembly would have provoked little reaction a few years ago.

Suhakam's position that institutions must be accountable is symptomatic of that shift among the masses.

This sea change in public awareness also led to the Attorney-General's Chambers taking an unusual step recently: convening an inquiry into a police investigation of a murder case that raised several red flags.The soon-to-be published survey also suggests that the public will accept nothing less than a clean police force.

Latest figures from the police show that more than 100 officers were charged with corruption between 1996 and 1999.

ANTI-GRAFT GROUNDSWELL

PRISTINE white is also the image that forms in the mind of university students when they discuss the ideal minister and senior government officials.

Any other shade is unacceptable.

That much came across during a recent closed-door session between student leaders from 10 local universities and members of the Malay Action Front, a group of Umno politicians seeking to safeguard Malay interests.

It was also the main conversation piece at a deserted coffeehouse at a three-star hotel in Sungai Petani two Sundays ago. Four veteran Umno politicians ranted about the reluctance to punish corruption.

One of them, an erudite corporate figure, predicted: 'The PM cannot say, give me strong evidence and I will take action against so and so. As far as the rakyat is concerned, the opposition has been providing the evidence for over two years.

'No one will accept an answer like, 'We are looking into it'.'

Dr S. Vijayaretnam, vice-president of Gerakan, agreed that a light approach towards dealing with corruption would alienate the electorate from the ruling coalition.

That sentiment was loud and clear in a hall during a recent meet-the-people session in Pengkalan Hulu, a speck of a town that hugs the Malaysian-Thai border.

Simple village folk unleashed pent-up feelings against government leaders and uncaring state politicians.

After that explosion, the villagers gave Umno researchers some hope that all was not lost for the party that took pride in its strong base of support in rural Malaysia.

They pledged to 'return to Umno if things change'. But the promise came with an undisguised warning.

A headman warned in Malay: 'Don't wait until the eve of elections to announce changes in government leaders or policies. It will be too late.'

For a decade, the Catholic community here has been waiting for the green light to build a church in the capital city of Selangor.

Building plans have been approved, tenders have been called and the contractors are ready to break ground.

Just one problem: a fickle state government.

One day, it gives its approval to build the church in Shah Alam. A few months later, the order is rescinded.

The church is now going to court to obtain a resolution.It has filed an application seeking a judicial review of the decision by the Selangor state government to withdraw permission to build a house of worship.

This is just one of several high-profile and controversial cases that are coming up for review by the courts in Malaysia.

The rush in such cases coincides with the elevation of Tan Sri Dzaiddin Abdullah as the Chief Justice of Malaysia in December last year.

Other cases include:
Asking the nation's highest court to review a RM2 million (S$933,000) award against freelance journalist M.G.G. Pillai.

The journalist will argue that the Federal Court could have acted out of bias because of a friendship between Tun Eusoff Chin and lawyer V.K. Lingam, who acted for the plaintiff, businessman Vincent Tan.The former Chief Justice was on the panel that handed down the decision.

Asking the Federal Court to set aside a decision that has far-reaching consequences for property owners on the grounds that the judgment written by the former CJ was delivered two days after he left the bench.

Lawyers say it is hardly surprising that litigants are turning to the courts to seek a review of administrative decisions and court judgments.

They believe it is driven by a hope that the new CJ is serious about rejuvenating the judiciary.

For the Catholic Church, the decision to seek court intervention was a last resort.

The problems really began after preliminary work on the project started.

The state government under Tan Sri Muhammad Muhammad Taib withdrew permission for the building of the church on the back of objections from some residents in the city, who believed that it was unsuitable to build a church in a predominantly Muslim neighbourhood.

After a stalemate that lasted years, the new state government under Tan Sri Abu Hassan Omar approved the building of the church.On Dec 20 last year, the new administration of Datuk Khir Toyo withdrew the approval and offered the church an alternative site.

The church rejected the offer. It argued that by its actions over the years, the state government had created legitimate expectations among the Catholic community in Shah Alam to have a church on the original site.

Having being relocated twice over the past 10 years, it feared that this offer of a new site by the state government would not be the last.

It is hoping for a court ruling to force the hand of the administrators.

--Brendan Pereira

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