YB Kit, actually there may yet be “another” case, if you look closer – the present trial of murdered Mongolian beauty Altantuya Shaariibuu.

I have nothing against capabilities of present prosecutor Tun Abdul Majid Tun Hamzah but I understand that first of all he is more a prosecutor in the Civil (as distinct from criminal) Division head in the Attorney-General’s Chambers and secondly even he himself was caught in a lurch when unexpectedly called upon to lead the prosecution team with two other senior DPPs, Wong Chiang Kiat and Manoj Kurup.

The fact remains it was Deputy Public Prosecutor (DPP) Salehuddin Saidin and his team that was most familiar with Altantuya’s case having prepared for it for over a year!

Therefore it seems to me that if success in any human endeavour and enterprise (including the arduous prosecution of a complex case like Altantuya’s) is a always a function of the state of preparedness, then it must be said that the government’s chances at prosecution will be maximized if the prosecution were led by a team that had over a year’s preparations – ie DPP Salehuddin Saidin’s team and not some new team suddenly thrown to the ring!

But alas DPP Salehuddin Saidin was replaced by Tun Abdul Majid Tun Hamzah because he - DPP Salehuddin Saidin - had allegedly been seen playing badminton with trial judge Datuk Mohd Zaki Md Yasin.

“Concern has been raised that such situation may be construed and exploited to certain advantage by different quarters for whatever purposes that may attract negative perception on the integrity of the Attorney-General’s Chambers and the court and the fair conduct of the trial,” AG Tan Sri Abdul Gani Patail said.

To be fair, in the ordinary course of administering justice in courts, it is only human nature that the legal gladiators from both sides – Defence as well as Prosecution - will be desirous of being in a judge’s good books and for this purpose to fraternize with him whether by having breakfast together for small talk or a work out through badminton.

Owing to the fact that Justice ought not only to be done in the courts but also “seen” to be done, it is of course agreed that a judge should not be seen just before a high profile trial to be fraternizing with either Defence or Prosecution’s lawyers and a Judge should have as much if not more responsibility in ensuring that this public perception of “impartiality” is maintained by not allowing himself to be caught in the situation of being seen fraternizing.

If however an unfortunate and inadvertent incident of fraternizing as in a badminton game was seen to have occurred, it would be a logical move for any government desirous of winning the prosecution case to recluse the judge and not a well prepared prosecution team instead of the other way around, the logic being simple: a judge does not require any preparation – he is not supposed to have any preconceived notion of guilt or innocence – up to the beginning of the trial, when he then has to hear the evidence adduced and arguments of both sides.

The same is not true either for the Defence or the Prosecution teams. They have to be prepared well before the trial, studying the implications of evidence and witnesses etc, the longer, the better - the greater the degree of preparedness, the greater the chances of winning and vice versa.

If the above holds true, then it would be logical to think that the chances of maximizing victory on prosecution’s side lies in the choice of reclusing the judge (whose position does not require prior preparedness before trial) rather than reclusing a prosecution team that has made preparations for the trial for nearly ½ a year – and replacing the prepared team by Tun Abdul Majid Tun Hamzah, who himself expressed surprise that he ( a head of Civil and not Criminal prosecution Division) was entrusted the responsibility at the 11th hour without the benefit of earlier preparation.

I ask you YB to draw the inevitable conclusion of what might public perception be in such a choice.

A very brave woman by the name of Nor Azah, a women’s right fighter went to the high court alone where Atantuya’s case was on ( 29-6-07 ) to protest against the injustice of women facing in our country.

Her quotations:

1. There is nothing to be proud of. The wife should be ashamed of the husband’s behavior, and not to go printing that kind of “proud of it “on the T- shirts to show off.

2. Why the rich people can do anything they like, including taking away people’s life.

3. I want to tell Dr Shaariibuu that not all Malaysians are evil. In this world there is still justice.

4. What kind of country is this? Full of bloody violence and even the enforcement officers are involved.

According to China Press dated 30-6-2007, Nor Azah is a woman right activist in Ireland. She is a single mother, and she herself was almost raped in a car park of some star hotel in KL and she knew she couldn’t get back her justice when the VIP suspect and the corrupted enforcement officers were seen rubbing shoulders with one another. Finally she left for Ireland for some short course and now got involved with the women right fighting five years ago.

Based on her own experience, she sympathized with the Atantuya’s family’s difficulty in seeking justice in Malaysia.

Her eloquent English was able to response to the unjustified demand of the police officers whist holding a solo protest.

Bravo, Nor Azah you show us a good example to fight against injustice mainly due to corruption, the cancer of the country.

Similarly, to fight against corruption, we need more brave Malaysians to come out to fight in the open.