My Miscellaneous Page

Nazri says there is no case for review

27 Sep 2006

---

KUALA LUMPUR: Datuk Seri Nazri Aziz does not believe that Tun Salleh Abas has a case.

The de facto Law Minister said that the new information provided by the former Lord President does not merit a review of the 1988 judicial crisis.

"I have not changed my mind and will not ask the Cabinet for a review. I believe there must be a finality to this episode.

"Even if there is a review, there is nothing to stop anyone from asking for a review on the review 10 years down the road. There must be a finality," he said.

Salleh outlined his five points for a review of the 1988 judicial crisis after Nazri had said the Government will consider the review if "new and important" facts emerged.

The minister had said until such time, there was no need for a new tribunal to review the decision of two judicial tribunals that had been accepted by the Yang di-Pertuan Agong and the government in 1988.

Nazri told the New Straits Times last week that the information he referred to could be in the form of statements from the three affected persons that they had been pressured into leaving their jobs.

On Aug 8, 1988, Salleh and five Supreme Court judges — Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Sulaiman Pawanteh and Datuk George Seah — were accused by the government of misconduct.

The five were suspended but Salleh, Wan Sulaiman and Seah were later sacked.

Dr M: Yes, I told Salleh to go

27 Sep 2006

---

PUTRAJAYA: Tun Dr Mahathir Mohamad last night said he had asked former Lord President Tun Salleh Abas to step down.

The former prime minister said that his action was necessary to "prevent any scandal".

"I called him, it’s true. I told him about the problems and said that it was best that he resigned.

"He agreed… Later on (several days later), he decided that he should not step down.

"Then, of course, the government was forced to take action. That’s all. It was necessary to take action," he said, commenting on a statement by Salleh why the sacking of the three judges in 1988 should be reviewed by the government.

Salleh’s account of the meeting with Dr Mahathir is different.

He said he was summoned to the then PM’s office and asked to step down after he was accused of being biased.

He said that during the meeting, he told Dr Mahathir he was not prepared to resign.

Following which, the former PM allegedly threatened to dismiss him by setting up a tribunal.

Dr Mahathir said he could not recall what he had offered Salleh but clearly remembered that he had asked him to resign.

He said following Salleh’s refusal to do so, he was forced "to act".

Salleh Abas gives five reasons to reopen case
‘Dr M told me to resign’

27 Sep 2006
V. Vasudevan

---

KUALA LUMPUR: Tun Salleh Abas yesterday revealed five incidents which he said proved that his fate as the Lord President was sealed before a tribunal heard misconduct charges against him in 1988.

He hoped that these incidents would meet the "new and important facts" criteria set by Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz for a review of the 1998 judicial crisis.

"These new facts, I hope, could persuade Datuk Seri Nazri to change his mind. The incidents undeniably go to show that come what may, I must be made to give up my judicial office.

"There would, of course, be other incidents and other details which would emerge if the review is held but for the time being, I shall keep the identities of those unnamed persons concealed," said Salleh yesterday.

The five incidents which Salleh said would shed light on his sacking and the dismissal of Datuk George Seah and Datuk Wan Sulaiman Pawanteh are:

Incident No. 1:

The first incident relates to my meeting with the then prime minister in his office on May 27 in the presence of the then deputy prime minister and chief secretary to the government.

"I was asked by the then prime minister to step down because I was accused of being biased in the discharge of my judicial duties.

"My understanding of this accusation was that it must have been connected with the impending Umno 11 (the case involving 11 Umno members who sought to nuliify the 1987 party elections) case when I decided to establish a nine-member panel of the Supreme Court to hear the appeal.

"I strongly denied the accusation and told him that I was not prepared to resign. Then he threatened to dismiss me by instituting a tribunal under the Constitution. I told him I was prepared to be dismissed rather than leave the judicial office under a cloud."

Incident No. 2:

On May 27 1988, a messenger who was "a very important officer of the government" visited Salleh and tried to persuade him to resign or go on long leave. He rounded up by threatening Salleh with dismissal if he refused.

"Were I to resign, I would be appointed to a lucrative job in Jeddah as a director of an Islamic bank with a high salary, coupled with an unlimited amount of entertainment allowance and travelling expense.

"The officer said he had been authorised to pass this message to me by a very important minister. I was threatened with dismissal and the ignominy of facing a tribunal. I gave the same answer I gave the prime minister earlier."

Incident No. 3:

A month after his suspension, Salleh said he was summoned by some Malay rulers to Istana Kelantan in Jalan Kia Peng.

"I was told by the then Raja of Perlis that should I tender my apologies to and ask forgiveness from the Yang di-Pertuan Agong for writing my letter to his Majesty, my suspension would be lifted and the matter would end there. I was to travel to Istana Bukit Serene with my chief counsel."

But Salleh alleged that the mission failed as the Yang di-Pertuan Agong had been "briefed by two senior government officers from Kuala Lumpur" not to forgive him.

Incident No. 4:

Salleh said his colleagues were suspended to thwart them from hearing a judicial review application challenging the legality and constitutionality of his suspension and the composition of the tribunal to deal with his dismissal.

Incident No. 5:

Salleh said that he and the late Tun Suffian Hashim acted as advisers to the Rulers when the government wanted to curb their immunity.

By then, the Sultan of Johor was no longer the Yang Di-pertuan Agong.

"This was my first audience with the Sultan after my dismissal and he said to me in no uncertain terms that he very much regretted what had happened to me… He said he then realised he had been ‘made use of’."

Salleh said he told the Sultan not to feel sorry for him but "he should express his regrets and apology to the people of this country for losing a judiciary that was independent and could look after their rights."

"For these reasons, I hope Datuk Seri Nazri will present the proposal to the Cabinet for a review of the 1988 judicial crisis so that the truth of this important episode in our nation’s history is uncovered."