The process of restoring confidence in the administration of justice begins with redressing the wrongs of the past, the Kuala Lumpur Bar Committee (KLBC) has said in a memorandum sent Chief Justice Mohamad Dzaiddin Abdullah.

The memorandum, made available to malaysiakini today, said towards this purpose, an independent commission should be set up to investigate all allegations of wrongdoing in the administration of justice in the country.

The KLBC memorandum stressed that the proposed commission should demonstrate "that no one is above the law and convince the public that wrongdoings will no longer be allowed to go unpunished".

"This will also vindicate in the eyes public all those involved in the administration of justice, including members of the judiciary who may have been unfairly accused," it added.

KLBC chairperson M Puravalen, when contacted, said a copy of the 22-page memorandum had also been sent to Minister in the Prime Minister's Department Dr Rais Yatim.

The KLBC represents about 5,000 lawyers, which made up almost half of the Malaysian Bar.

Judicial misconduct

The Malaysian Bar has had strained relations with the judiciary since the late 1980s when former Lord President Tun Salleh Abas was forced to relinquish his position and more so recently when former Chief Justice Eusoff Chin was accused of alleged [#1]judicial misconduct[/#].

Photos of Eusoff and corporate lawyer VK Lingam holidaying in New Zealand seven years ago were posted on the Internet. Eusoff said that the meeting was a "coincidence" and that he had paid for his trip.

"The administration of justice in Malaysia is in its darkest hour since Independence. Never before have the generally conservative population been confronted with such harsh examples of abuse, incompetence and corruption," the KLBC memorandum said.

The memorandum further stated that the judiciary should be free and independent in order to perform its duties properly.

"The judiciary must be allowed to perform its function in the correct environment and with adequate support, free from interference by the executive. In particular, there must be removed encroachments on judicial independence such as fear of repercussions," it said.

Freedom curtailed

The memorandum also stated that a country afflicted by inefficient, unjust and corrupt enforcement of the law would be unable to realise "its full potential in nation building".

"A nation with aspirations in its Multimedia Super Corridor and the K-economy must expect its people to have enquiring minds. To inspire the confidence of such a public in the administration of justice, justice must not only be done but must be seen to be done," it said.

In terms of the present trend in defamation suits' awards, the KLBC memorandum said that the large damages awarded had served to curtail press freedom and the public's freedom of expression.

"The mega-defamation suits and the wielding of the power to punish for contempt in recent years has been perceived by the public as means to stifle fair comment and free speech," it said.

Protect rights

Last week local television station TV3 was ordered by the Kuala Lumpur High Court to pay damages of RM100 million to businessman Badrul Zaman PS Md Zakariah after the latter sued over a news broadcast which allegedly depicted visuals of him in handcuffs while he was in remand for allegedly not operating a genuine employment agency.

Badrul is also [#2]suing nine local dailies and the government[/#] for a total sum of RM1.3 billion.

The Human Rights Commission (Suhakam) was also mentioned in the memorandum, with the KLBC calling on it to look into the rights of Orang Asli affairs, environmental issues, women, children and migrant rights as well as other marginalised communities.

Meanwhile, the KLBC postponed their annual general meeting today due to a lack of quorum.

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