Ian Chin contempt of court say Matthias Chang

Wednesday, June 11, 2008

Ian Chin contempt of court say Matthias Chang

Lawyer Matthias Chang has his opinion on Justice Chin’s statement:
JUSTICE DATUK IAN CHIN MUST BE SACKED AND CHARGED FOR SEDITION & CONTEMPT
By Matthias Chang
Conduct Unbecoming of A Judge
Justice Datuk Ian Chin must be sacked for conduct unbecoming of a judge and prosecuted for sedition and contempt.
My grounds for calling such actions to be taken against the Judge are as follows:
A Unsubstantiated Allegations
The so-called disclosure made by Justice Datuk Ian Chin and published by the Star and New Straits Times, that the former Prime Minister threatened the judiciary has been contradicted by two judges as at 11th June 2008, namely:
Datuk Shaik Daud Mohamad Ismail, former Court of Appeal Judge:

“It is a real shock. I do remember the (then) prime minister conveying the message about higher damages in defamation suits but not of any threats of removing judges via tribunal.” (Emphasis added)
NST 11th June 2008
At page 6

A serving Judge (Name not disclosed in NST):
“Tun Eusoffe Chin (then Chief Justice) had invited (Tun) Dr. Mahathir (Mohamad) to personally address judges at the 1997 judges’ conference at a hotel in Shah Alam. The former PM did say that the government would not introduce a law to cap damages awarded to a party in a defamation suit and left it to judges to control it. He did also raise (Datuk) Ian Chin’s election petition argument, which the former PM said was “against us”. However, we did not speak up because the majority of senior judges felt that Chin’s ruling on that case was legally flawed. There were about 70 judges at the meeting but I think the majority of us, including Chin, were not influenced by what Dr. Mahathir said. I feel Chin took the opportunity to speak from the Bench because he thought Dr. Mahathir was responsible for blocking his promotion”.
(Emphasis added)
NST 11th June 2008
At page 6

It stands to reason, from the above statements, that Justice Datuk Ian Chin had no basis whatsoever in making the wild allegations against the former prime minister.
It is an indictment against the integrity of Justice Datuk Ian Chin that a serving judge is of the view that Justice Datuk Ian Chin’s wild allegations against the former prime minister may be actuated by malice and or self-manufactured delusion that his promotion was blocked by the former prime minister.
Any reasonable man and woman, in the light of the above wild allegations, can only come to the conclusion that Justice Datuk Ian Chin is not only, not deserving promotion, but to be appointed to the high office of a judge in 1992.
Reference to the term “Boot Camp”
To refer to a conference of judges and judicial officers on the 26th – 30th May 1997 as a “Boot Camp” to be “indoctrinated” is to use language unbecoming of a judge.
Bringing the Judiciary Into Disrepute
By making unsubstantiated the allegations against the former Chief Justice and the former President of the Court of Appeal, Justice Datuk Ian Chin has scandalised the entire judiciary and it is submitted that he has also committed contempt of court.
Questionable Motives
On reading Justice Datuk Ian Chin’s statement, one cannot but question his motives.
All we need to ask is the simple question, “Why now?”
If Justice Datuk Ian Chin is a man of principle, he ought to have made a police report and it is a lame excuse to say that “We went to the possibility of making a police report or of writing to the Chief Justice a letter to record what he said over the telephone but in the end he decided against it since it would be his word against that of the Chief Justice.”
If, in fact his allegations are true, as a judge upholding justice and truth, Justice Datuk Ian Chin should have faith in his own integrity and his fellow judges that ultimately truth and justice will prevail.
But, instead he makes excuses and his action is that of a coward and a man without principle.
In the circumstances, I called upon this disreputable judge to an Open Public Debate on the issues raised in his Open Court Statement within a week from the date hereof.
If he refuses, I am calling him a coward, a liar and a man unfit to continue in office as a judge.
And I challenge him to hold me in contempt of his court in making this challenge!
And I am warning Justice Datuk Ian Chin that I intend to lodge a police report against him on his unfounded allegation on the expiry of my notice to him to accept my challenge!
The courage of Justice Datuk Ian Chin’s convictions will be tested by the courage of my convictions!
A Challenge to the Current Chief Justice
If the current Chief Justice was present in the said conference, I demand as a citizen and a lawyer (and lawyers are officers of the Court) to know from the Chief Justice whether the allegation that the former prime minister threatened the judiciary is correct.
If not, whether the Chief Justice intends to advise the Yang Di-Petuan Agong and the Prime Minister to convene a Tribunal to investigate into the misconduct of this despicable judge and to recommend his dismissal and to hold the said judge in contempt of court.
A Challenge to Ambiga
I read with disgust the press statement of Ambiga, the President of Bar Council which presupposes that what Justice Datuk Ian Chin disclosed in Open Court was the truth, the whole truth and nothing but the truth.
If the allegation by the said judge is found to be without basis whatsoever, I am challenging Ambiga to have the courage of her convictions to lodge a police report against the said judge and to lead another “walk to the Prime Minister’s office in Putrajaya” to demand that the said judge be dismissed.
Ambiga, I have previously issued a challenge to you for a public debate.
I am now issuing another challenge to debate on the statement of Justice Datuk Ian Chin. You are to reply within 48 hours from the date hereof.
If you refuse, forever hold your tongue and desists from making stupid press statements concerning the judiciary. You sound like an opportunist and you act like one.
A challenge to Judges
I am sick and fed up of judges who have no guts to speak up when in office and to live up to their oath of office.
Judges demand an independent judiciary but are unwilling to make sacrifices to ensure its independence. It is such silence in the face of such outrages misconduct by a fellow judge that confirms the public’s perception that judges are opportunists and cowards.
Why make spurious allegations now and not before?
The problem of the judiciary is to be found within the judiciary. Don’t blame third parties for your sordid state of affairs!
To Fellow Malaysians
You may have noticed by now, that whenever the Badawi Regime has a crisis eg. The UMNO crisis following the General Election disaster and now the oil price fiasco, the Badawi spin doctors would attempt to divert your attention with allegations against Tun Dr. Mahathir Mohamad.
This happened just before the General Elections with the setting up of the Royal Commission and the wild allegations against Tun Dr. Mahathir Mohamad.
This is another side show to throw your mind and anger away from the oil price hike to a non-issue by a frustrated old Judge who cannot even lie properly. This judge is angry because he covets the post of Chief Judge of Sarawak and Sabah. He cannot understand why Tan Sri Richard Malanjun was promoted to the post instead. He blames the former prime minister but he care not to examine is infantile behaviour. And now, the desperate politicians are taking advantage of his stupidity for their political ends!
Don’t fall for this insidious tactic of the Badawi Regime and the blogs and websites fronting for Anwar Ibrahim.