The Words of a Judge of the Turkish Cypriot Supreme Court

I believe it is not always the law that needs correction but rather the mindset of those who see it as their right to selfishly use that law to satisfy their own whims and sense of power just because they are called “a judge”. The wrong kind of law merely “assists” them to misuse their power, if they feel like doing so.

By G?n?l Er?nen (Name edited – admin)

Dear Stephen Chang,

I have read your article that was distributed last week abut M. Chang. I do hope you have the time to read this long email as I felt I had to write to you.

Forgive me for its length.

I have been closely following the situation as regards Matthias Chang and what he is going though in prison following a committal order for contempt last week and his subsequent hunger strike.

I have sent a couple of SMSes to him sending him my prayers, but know full well he is not in a position to respond at this time. Enough that he knows I have sent them.

Matthias and I are truly “old” friends way back from law school. After 30 years of losing contact, in 2004 Matthias was able to find me via a friend here in North Cyprus and we have kept in touch ever since. In fact, my husband and I visited KL that same year.

Words do not begin to describe the love, warmth and admiration I have for Matthias and his strength of character in what he his now trying to achieve for his country’s judicial system.

His plight in prison is even more striking to me since I too am a Judge here in the Turkish Cypriot Supreme Court in North Cyprus and fully understand the situation Matthias must have faced in court on that day.

I too have had to face trying moments on the other side of the court room, on the bench, in my 30 years as a judge where I had to decide whether to imprison for contempt or not. There are not many, but enough to make me use this power very sparingly and only when I deeply feel there is no other option but to do so. I learnt how it should be done from a very early stage in my professional life on the bench.

It is, or should be, a very difficult decision to make when choosing to use this power of contempt of court proceedings and only against a litigant or lawyer who was in fact truly undermining the dignity of the court, without cause.

I have always tried to be just, impartial and fair in all of my professional life. Details are not necessary here.

As a professional, I know how easy it is to misuse the power that is entrusted to you as a judge. This power is very easily corruptible in the hands of someone who does not know how to control it. One should be able to decide clearly if there is a real need to make the vexatious or abusive litigant or lawyer understand the severity of his/her actions and words, and only if there is no other option but to do so, should any contempt proceedings be instigated.

Such power must not be arbitrary or used at the slightest whim and especially should not be used simply because you are irritable, annoyed or upset for some reason or other and you cannot control your anger or the proceedings in general. If that is the case, you should not be sitting on that bench!!

I remember once leaving the court room because I felt my heart pounding against my chest when a lawyer was being openly rude and abusive to the extent that he invited me to put him in jail for contempt. I remember immediately leaving the court so as not to do anything I would later regret and cried loudly in my chambers to release the hurt I felt because I had not wanted to do anything because of anger. He was a senior lawyer towards whom I had had the utmost respect. I did not arrest him or do anything else, but I made it clear to the Bar Council that I would not accept him in my court any more and we did not speak ever again. He died some years later. I tried to forgive him and myself in my spiritual meditations many times. He appeared in a dream soon after and I knew then that we had forgiven one another.

A sign of weakness not to have put him in jail?? Maybe, maybe not. But before one puts another in handcuffs and sends that human being to jail, one should have pretty strong solid reasons for doing so, especially when he or she is the complainant.

A “committal for contempt order” or even a fine for a contempt of court offence should not be given unless
– one has verbally warned the person who is, so to speak, openly “asking for it”.
– At least three warnings should be given to that person clearly informing the person that you will try him/her for contempt if they do not stop doing or saying what they are doing or saying and
– these warnings and why you are making it, together with details, should be unswervingly put down in the court record of whatever hearing or case it is occurring in.
– However, a judge should not be the cause for the person’s words or actions but it should be happening in the ordinary course of the hearing. A judge should be aware of his/her self if this is the case, and thus act with the utmost restraint.
– Then that person knows exactly what he/she is doing and what he/she has said/done wrong and knows what the charge is likely to be, and accepts the consequences if they continue.
– Then the person should be brought before the court on the day of that hearing and for a first time “offender” there should only be a warning issued or a conditional discharge recorded, but not imprisonment.
Especially if this person is a lawyer – “an officer of the court”, someone whom he/her self has the responsibility to uphold the court’s dignity and honour and to ensure the smooth running of justice.

In my first year on the bench, I did this to one lawyer who was constantly making disruptive remarks in hearings. I started putting what he said on records in any case he behaved that way. When he later begged me to remove what I had written from that case’s record so it would not be seen in case of an appeal in that case, I refused. In this way he soon gave up the idea of being abusive and disruptive and I had no problems with him thereafter.

I give these two examples because I know what sort of a man Matthias is; a true champion of justice and an honourable, honest and deep man who loves his country and his people and above all wants the best kind of justice not only for his own people but to ALL peoples of the world and I know only too well that he would not be doing such a thing unless he had very good justifiable reason to do so and felt strongly that there has been a severe injustice.

It is a very sad case indeed if a country’s legal system has judges who have no scruples or love and respect for their professions and what is expected of them in the position they hold as the upholders of Justice.

I believe it is not always the law that needs correction but rather the mindset of those who see it as their right to selfishly use that law to satisfy their own whims and sense of power just because they are called “a judge”. The wrong kind of law merely “assists” them to misuse their power, if they feel like doing so. This, unfortunately, throws the whole Malaysian judiciary in a bad light and degrades and affects those good judges who truly love and honour their profession.

I pray that through Matthias actions the quality of whatever justice remains in Malaysia will be salvaged. I have no deep knowledge on this issue, I must admit.

Please, when you get the chance, inform Matthias of this email.

For I have just received an email saying he is in hospital.

And I am very much concerned for his health.

I am one hundred percent behind him in all that he does and only my love and prayers are with him, for there is nothing else I can do, except write you this email.

I thank you for taking the time to read it and my prayers are with all the Chang family no matter who or where they may be. God bless you all.

Love and heartfelt good wishes,

G?n?l Er?nen