iii. whither the malaysian judiciary
Descending into disrepute
The erosion of public confidence in the Malaysian judiciary has been com-
pounded by several episodes:
1 .On 30 May 2000 , the Malaysian law minister, Datuk Rais Yatim, in
an Australian radio interview, in response to a question about a
picture on the Internet showing the chief justice of the Federal
Court, Eusoff Chin, holidaying in New Zealand with lawyer Datuk
V.K. Lingam, expressed the view that ‘such socialising is not con-
sistent with the proper handling or behaviour of a judicial personal-
ity’ and added that the chief justice displayed ‘improper behaviour’.
This comment sparked controversy and extensive media coverage.
In view of the controversy, the Malaysian Bar Council sought to
convene an extraordinary general meeting to consider various reso-
lutions on the matter. On 19 June 2000 , a member of the Malaysian
Bar, Raja Segaran, commenced action to restrain the Malaysian Bar
from holding the meeting. Finally, the plaintiff was held to have no
locus standi.
22. A Penang High Court judge, R.K. Nathan, publicly attacked a
Court of Appeal judge, Gopal Sri Ram, in a written judgment in
relation to an unrelated civil matter. Nathan J had on an earlier
occasion convicted a lawyer of contempt of court. He resented a
remark by Gopal Sri Ram that judges should not ‘launch contempt
proceedings vindictively and “purely for ego”’.^3 This spectacle was
criticised by Param Cumaraswamy, the United Nations Special
Rapporteur on the Independence of Judges and Lawyers.^4 There
was a call by the Malaysian Bar Council for the establishment of a
tribunal to consider the behaviour of Nathan J.^5
3 .On 19 September 2007 , the ‘V.K. Lingam video clip controversy’
erupted from the disclosure of a taped conversation between(^2) Raja Segaran a/l Krishnanv.MalaysianBar [ 2008 ] 4 MLJ 941. An interesting aspect of the
judgment of Mohd Hishamudin J was his remark that he was ‘unable to agree with the
Court of Appeal’s interpretation of [Arts. 125 and 127 ] to the effect that only Parliament can
discuss the conduct of judges’ (at 970 ).
(^3) Arfa’eza A Aziz, ‘Shaik Daud: Judge Wrong to Raise Personal Grouses in Unrelated Case’,
Malaysiakini, 1 August 2002 ,www.malaysiakini.com/news/ 12418 ,at 29 September 2011.
(^4) ‘Judge’s Outburst Could Malign Judiciary: UN Official’,Malaysiakini, 2 August 2002 ,
http://www.malaysiakini.com/news/ 12434 ,at 29 September 2011.
(^5) ‘Bar Wants CJ to Set up Tribunal against Judge’,Malaysiakini, 3 August 2002 ,www.
malaysiakini.com/news/ 12446 ,at 29 September 2011.