Tun Eusoff Chin, On Leaving Office, Discovers The Constitution
When the Conference of Rulers decided upon Tan Sri Dzaiddin Abdullah as
Malaysia's new Chief Justice, one man who should have known did not in a
none-too-subtle way to tell him enough is enough, and he would know of the
appointment when everyone else is. Tun Eusoff Chin, on leave before he
descends into judicial infamy on 20 December 00, heard of the appointment
on Thursday morning when the Conference of Rulers met, but could not get
confirmation. The Keeper of the Ruler's Seal, who should know, said a
decision was awaited. The Prime Minister's Office where sits, in Tun
Eusoff's considered judgement, such as it is, the Law minister in charge
of tables and chairs, would not tell him either. He tried to see the
Prime Minister, but the secretaries shielded him from whom he did not want
to see. He could only confirm it just before the official announcement.
He is furious, to say the least, and insists Tan Sri Dzaiddin's
appointment is unconstitutional. Even the Devil quotes the Scriptures
when it suits him. A High Court cannot sit on the Federal Court, but he
had Mr Justice P.S. Gill to sit in an emergency sitting of the Federal
Court in the Ayer Molek case. He knew, and I am charitable here, or
should have known, he could not. He knew he should not have gone on
holiday with his favourite lawyer. He knew he should not have lied when
confronted about it. But then he decided justice in Malaysia is what he
decides it is. So, if he breaks convention and breaches the constitution,
it is in the larger interests of justice.
He would not allow Dato' V.K. Lingam, his favourite lawyer, to lose
any case he appears in. He packed his court with lawyers prepared to be
his cronies, not for their judicial competence or knowledge of the law.
He allows a prisoner to accuse him in court of corruption so severe that a
lesser judge would have resigned and perhaps even commit suicide. But not
him. His skin is thicker than a rhinocerous. He accepted the
condemnation as ducks to water, could not understand why the prisoner, one
Dato' Seri Anwar Ibrahim, would not allow his lawyers to argue his appeal
nor proceed with it if he did not recuse. But that is his perk of office
which the world must accept. He turned defamation law on its head, in
dismissing the M.G.G. Pillai appeal, and encouraged this trend for
unconscionable libel damages without proof and as the hitherto disallowed
quantification of general damages. He was there at the Prime Minister's
pleasure, especially to see his nemesis, the self same Dato' Seri Anwar,
well and truly destroyed politically and legally. He brought in the
judges who would do just that.
His arrogance knew no bounds. He did not think the Prime Minister
would tire of him, that he could have whomsoever he wanted in the courts
as judges and the Conference of Rulers and the Prime Minister would
rubberstamp his choice. He did not notice that his sell-by date had
expired. He had wanted in the Federal Court two judges, one noted for his
intelligence and creative but questionable judgements to suit what is
wanted, the other of allowing a plaintiff's lawyer, the self-same Dato'
V.K. Lingam, to write the judgement for the plaintiff. Despite it, he was
promoted to the Court of Appeal and awaits preferment, if Tun Eusoff had
his way, to the Federal Court. He would have an extremely long wait for
he has another seven years or so for retirement. But he could deliver
what the Prime Minister wanted. And Tun Eusoff fell foul of the
Conference of Rulers, especially one of his predecessors, the Sultan of
Perak. At some stage, the Conference of Rulers and the Prime Minister's
Office came to an inescapable modus vivendi: that Tun Eusoff would not
until his retirement have another chance to pack the court. I knew of
this well before his retirement (he is now on a six-month contract allowed
by the constitution. He did not. He lived in a make-believe world in
which he wielded power.
He was offered the pro-chancellorship of a Malaysian university, but
this is since withdrawn. He cannot sit on the board of a listed company
for fear of a boycott of the company's products by the Anwaristas. Even
if it processes human excreta. He is so completely isolated that he
cannot turn anywhere without being reminded of his excesses and arrogance.
Cronies of the establishment got what they wanted when they sue or are
sued during his tenure as chief justice. It is to his everlasting regret
that his service as a lackey of the Prime Minister in destroying Dato'
Seri Anwar and to keep the judiciary in chains is unrecognised. One is
sorry that a man who willingly agreed to be the hatchet man to power
cannot understand when that same power destroys him. But hatchet men are
useful only in so far as the bodies are delivered. He could not, has not,
and brought the judiciary to such low depths that the Prime Minister faces
international condemnation for it. He is to be seen and not heard.
The rulers isolated him as surely as the Prime Minister has. For him
to now speak of constitutional niceties, after his role in destroying it,
is true to form. But this is a double-edged sword in which his own
actions can be brought into question. For he so helpfully, decisively
destroyed the judiciary that if he does not go quietly into retirement he
would find, unlike those who felt his judicial heat, himself in more
trouble than he dare hope. For he is superflous to whatever the other
organs of state have in mind. To demand why he is not consulted about his
successor is to bait. A fallen tyrant, judicial or otherwise, is left to
die where he is destroyed. This he should learn fast, or face
humiliations no judge in Malaysia yet has. The law of karma is as
ineluctable as proper conduct of judges. When they meet, one is doubly
damned. As Tun Eusoff is.
M.G.G. Pillai
pillai@mgg.pc.my
