Accept an open public debate with Matthias Chang or shut up for good
So Param, accept my challenge to a public debate, bring the evidence or forever shut up, leave this country for good as you have done enough damage, specifically to the Judiciary.
NO MORE IMMUNITY
Now that Param has no more UN immunity from civil suits and criminal proceedings, I am challenging him to a no-holds-barred public debate that his allegations on corruption and lack of independence of the Malaysian Judiciary:
are distortions, misrepresentation and an attempt to mislead the public and that while acting as an UN Special Rapporteur on the independence of the Judiciary and Lawyers, he failed in his duty to ensure the independence of the Malaysian judiciary (if as alleged it was not independent).
And to establish a simple fact – whether he has the courage of his conviction to subject himself to the full glare of an open public enquiry.
I DEMAND EVIDENCE
I am sure that having acted as the UN Special Rapporteur, he must have gathered sufficient testimony from witnesses and other cogent documentary evidence to support his allegations.
Since he takes the view that under the Mahathir administration, his exposure of such corruption within the Malaysian Judiciary would not see the light of day, it is about time, that we hear from him in the full glare of a public debate the irrefutable evidence that he has painstakingly accumulated all these years. I demand that he lodge a report to the ACA based on his evidence!
I am sure that Pak Lah, having called for a reform of the judiciary in his recent press statement, would only be too happy to have the irrefutable evidence so that under his “fair, liberal and reform minded” administration, all the alleged baggage can be discarded once and for all.
To all my detractors, this is not a defence of Tun Dr. Mahathir Mohamad.
If, you preach and demand accountability and transparency, you must also walk the talk!
What is so special about this Param that he can say whatever he wants without accountability and or transparency? He has made very serious allegations against the Malaysian Judiciary but till to date we have not seen any evidence, by way of witness statements or documentary evidence whatsoever.
I demand justice. As a practicing lawyer, I need to know the truth, the whole truth and nothing but the truth!
But I find it strange that the Bar Council, lawyers in general and the public have not demanded from this man who struts about as the former UN Special Rapporteur for the Independence of the Judiciary and Lawyers, the evidence to support his allegations.
THE INJUSTICE
By his incessant criticisms of the Malaysian Judiciary, without providing any evidence whatsoever, he has condemned each and every Malaysian Judge as being corrupt and or failing to uphold the independence of the judiciary.
Is this fair?
Let me give an analogy.
Suppose the newspapers repeatedly condemn your company for corruption or your family for abusing foreign maids under your hire, what would you do?
Would you not demand evidence from the accusers?
And if there is no evidence, would you not sue the accusers, in this case the newspapers, the editors, the reporters for damages for defamation?
So the RM100 million dollar question is this: Why have you not demanded from Param the evidence to support his allegations?
Bar Council, why have you not demanded the evidence from Param?
I AM FOR REFORMS. BUT, THERE MUST BE A BASIS. IF YOU DON’T KNOW WHAT ILLNESS THE PATIENT IS SUFFERING FROM, HOW CAN YOU PROVIDE THE CURE?
The general allegation that the judiciary is corrupt is not unlike a patient complaining “I have pain all over the body.” Surely, the doctor would need to know the cause of the pain. Once he has the evidence (from test results, examination of the patient etc.) he can provide the cure.
Fellow Malaysians, there must be one standard for all. Everyone is innocent until proven guilty. Even the Judges deserve this.
That is why in criminal matters (and corruption is a criminal offence) the Court can only and must convict on proof beyond all reasonable doubts.
If you follow Param like a herd, and he gets away with spurious allegations, then one day (and God forbid) if, you are a victim of such spurious allegations, you will suffer the same injustice as any person who has been convicted on spurious evidence.
I have heard numerous allegations from senior lawyers, including past and present Chairman of the Bar Council that certain judges are corrupt. When I demand from them evidence and the reasons, why they have not lodge any reports to the Anti-Corruption Agency, I get no answers!
IS THERE A FOREIGN AGENDA?
So what is the agenda behind all these allegations, these diversions, this noise?
Why is the British High Commission inviting lawyers and judges for dinners (not just one or two) to discuss on the appointment of judges?
I can name one occasion, when I was the Political Secretary to the Prime Minister. This involved the appointment of the previous and just retired Chief Justice. He was recommended by the then outgoing Chief Justice as he was empowered under the Malaysian Constitution.
Lawyers were not too happy. They gathered at the private residence of the British High Commissioner. I was invited to attend the function. And I was pressurized by lawyers present to “advise” the then Prime Minister not to proceed with the appointment. I declined of course, as it was not within my jurisdiction or authority to interfere. I could not usurp the constitutional functions of the Chief Justice. Yet, it was lawyers who were asking me to usurp the Chief Justice’s constitutional functions. Bunch of hypocrites!
So who is interfering? I stand to be corrected, but, if my memory serves me right, Param was there. You can draw your own conclusions from this one episode.
If a foreign government interferes in the appointment of Malaysian Judges, is our Judiciary truly independent? Or are they not mere tools for foreign powers?
THE DEBATE
So Param, accept my challenge to a public debate, bring the evidence or forever shut up, leave this country for good as you have done enough damage, specifically to the Judiciary.
The Rules for the Debate are simple.
1) Raja Petra be appointed the Moderator. Malaysia Today bloggers don’t treat me too kindly so Param has an advantage.
2) Each be given half an hour to speak – no holds barred.
3) Each be given half an hour to cross examine – no holds barred.
Then let the Court of Public Opinion decide.
Matthias Chang
11 April, 2008
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