'88 crisis: RM10.5mil for 6 ex-judges
Minister in the Prime Minister's Department Mohd Nazri Aziz revealed today that RM10.5 million was paid out by the government as ex-gratia payment to six ex-top judges, including sacked Lord President Salleh Abas.
Minister in the Prime Minister's Department Mohd Nazri Aziz revealed today that RM10.5 million was paid out by the government as ex-gratia payment to six ex-top judges, including sacked Lord President Salleh Abas.
Of this amount, RM5 million was paid to Salleh, Nazri told the Dewan Rakyat in his winding-up speech on the Budget 2009 debate.
The amount was paid out by the government for the six judges who were sacked during the 1988 judicial crisis.
Last week, Nazri came under fire from the opposition MPs for stating that he did not know the full amount paid out by the government to the former judges.
Apart from Salleh, the other recipients were former Supreme Court judges, the late Wan Suleiman Pawanteh (RM2 million), George Seah (RM2 million), Azmi Kamaruddin, the late Eusoffe Abdoolcadeer and Wan Hamzah Mohamed Salleh (all RM500,000).
Explaining why the six judges were still receiving pensions for the past 20 years despite being terminated from work, Nazri said the judges were "not sacked" but their services were stopped earlier than usual.
"They are still qualified to earn their pensions," he added.
Like optional retirement
“When the (tribunal) panel made the decision and determined that they were mistaken, what happened was they were not sacked. They were stopped early, just as those who retire optionally.
"The retirement age is 56 years, but for those 46 years old and above, they may opt to stop (working). Their pensions continue even though they opt for early retirement.
“So the panel of judges, which included those from such countries as Fiji, Singapore and Sri Lanka, found they (the six) had committed mistakes.
"I believe the pensions division (of the Public Services Department) of Malaysia can stop the payment of pensions if there was a violation of laws. They did not violate the laws, but were only stopped early.”
For this reason, the de facto law minister revealed that Salleh receives a monthly pension of RM5,102, Seah, RM5,916, Mohd Azmi RM5,916 and Wan Hamzah RM6,508.
The last drawn pensions received by the late Wan Sulaiman and Eusoffe, respectively, were RM4,815, he added.
Asked whether the ex-gratia payment signified an admission on the part of the government that it was wrong in its treatment of the judges, Nazri said today this is not necessarily the case.
“This ex-gratia payment does not mean that we were wrong. As I said just now, we paid the pensions. Does the payment of pensions paid over the last 20 years show that we were wrong?”
Addressing those who would dispute whether the quantum given to the judges were either too high or two low, Nazri said: “At the cabinet level, we decided in principle to pay the ex-gratia.
“As for the question of the quantum of payment, that was done by the relevant department," he said.
Nazri said the cabinet only agreed to pay ex-gratia but the amount was decided by the relevant authority.
“We cannot put a number as to how much is actually reasonable, because this is a matter of a person’s value, of dignity. How can we put a value to that?” he pointed out.
He also cited Prime Minister Abdullah Ahmad Badawi’s speech in April as indicating the reasons behind the ex-gratia payments:
“The government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice and to acknowledge the pain and loss they have endured,” Nazri read from Abdullah’s speech.
“For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this sentiment is made too late. For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Dato’ George Seah, although this acknowledgment is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed.
“(These payments were made) In recognition of the contributions of the six outstanding judges, the government has decided to make goodwill ex-gratia payments to them.
"Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope that you could accept this as a heartfelt and sincere gesture to mend what has been,” he quoted from the prime minister's speech.
To the contention by Wee Choo Keong (PKR-Wangsa Maju) that newspaper reports since 1988 had described the ‘termination of the judges’ services’ as a sacking, Nazri said newspaper reports cannot be cited as the absolute truth.
“Just this afternoon, Gombak MP (Azmin Ali) questioned a report by Utusan Malaysia. One cannot use newspapers as reflective of fact, as every newspaper has its slant. Utusan Malaysia has its slant. New Straits Times has its slant. Star has its slant,” said Nazri.
