Archive for category Court
In defending his seditious speech, Mohd Noor Abdullah has proven he is racist through-and-through and raised question how a closet racist could rise to be Court of Appeal judge
Posted by Kit in Corruption, Court, Crime, Najib Razak, nation building, Police on Friday, 17 May 2013
Former Court of Appeal Judge Mohd Noor Abdullah has compounded his crime of sedition when he defended making the most racist and seditious speech in the country in the past 44 years.
On Sunday, in his speech at the forum titled “GE13 post-mortem Muslim leadership and survival” organised by UiTM Malaysia Alumni Association and Gabungan Pelajar Melayu Semanjung in Kuala Lumpur, Mohd Noor warned that the Chinese Malaysians must be prepared for a backlash from the Malay community for their “betrayal” in the recently concluded 13th general election.
He said: “The Chinese betrayal towards the Malay’s hand of friendship – that is true. Because they plotted to seize political power even though they already have economic power”.
Mohd Noor’s racist and seditious speech had been defended on the ground that it was “as a whole constructive and within the boundaries of what is in the federal constitution”, and in line with his expertise as a former judge.
Can Mohd Noor quote chapter and verse as to which article or part of the Malaysian Constitution justified his making irresponsible, fictitious, inflammatory, racist and seditious allegations that the Chinese in Malaysia “plotted to seize political power even though they already have economic power” or his criminal and gangsterish threat of a “Malay backlash” to a completely non-existent “Chinese betrayal towards the Malay’s hand of friendship” ?
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Najib, Muhyiddin and Mahathir must each apologise for their irresponsible and unMalaysian remarks completely at variance with policies of 1Malaysia and Bangsa Malaysia if there is going to be genuine “national reconciliation” after 13GE
Posted by Kit in Bersih, civil society/NGOs, Court, Elections, Najib Razak on Thursday, 9 May 2013
The most sensible, level-headed and statesmanlike statement completely in conformity with the policies of 1Malaysia and Bangsa Malaysia in the past three days since 13GE Polling Day came from former Prime Minister, Tun Abdullah, who demanded a stop to all attempts at racialising Sunday’s polls by blaming a particular community for Barisan Nasional’s poor showing at the ballot boxes.
Abdullah said: “This is unfair and unhelpful”.
Guilty of such “unfair and unhelpful” statements were none other than the Prime Minister, Datuk Seri Najib Razak, Deputy Prime Minister Tan Sri Muhyiddin Yassin and former Prime Minister, Tun Mahathir, who indulged in irresponsible race-baiting and inflammatory incitements totally careless and reckless about the harm they are doing to race relations in the country.
For instance, immediately after the 13GE results were known on Sunday night, Najib talked about a “Chinese tsunami” when it was in fact a “Malaysian tsunami” caused by the political uprising and awakening not only of the Chinese, but all other communities as well, whether Malays, Chinese, Kadazan-Dusun-Murut or Iban communities.
Najib’s “Chinese tsunami” statement was immediately supported by Muhyiddin who said it was “unhealthy in a multi-racial society like Malaysia” to allow one community supporting one side and another race supporting another as it would lead to “tension in inter-racial relations and political instability”.
This is a conclusion based on a total fallacy, for the 13GE has not led to a situation of “one community supporting one side and another race supporting another” as the 13GE was not a battle between the Chinese versus the Malays, but one multi-racial coalition against another i.e. Pakatan Rakyat versus Barisan Nasional. Read the rest of this entry »
Court turns a blind eye to justice
Posted by Kit in Constitution, Court, Elections, Judiciary on Friday, 29 March 2013
P Ramakrishnan
Immediate past president, now Aliran executive committee member
27 March 2013
Malaysians were rudely shocked to learn that the High Court in Shah Alam put itself in a straitjacket and refused to see the glaring injustice that was clearly highlighted by Klang MP Charles Santiago in a suit that was decided on 14 March 2013.
Mr Santiago wanted the Court to review the principal and supplementary electoral rolls for his parliamentary constituency.
It was very disappointing that Judge Vernon Ong said that the Court was bound by Section 9A of the Elections Act 1958 and cannot review a gazetted electoral roll, literally throwing to the wind the conventional wisdom that “where there is a malady the Court will provide a remedy” – even if it has to use its inherent powers.
The Judge further noted that the Court could not compel the Election Commission (EC) to respond to the queries of the MP as there was no provision in the Act for it to do so. While it may be true that there is no such provision, what is far more important is whether there is specifically any provision in the Act prohibiting the EC from responding?
Why was this logical point entirely overlooked by the Court? If the Court was the bastion of justice as provided by the inherent powers of providing a remedy for a malady, it would have been the natural consequence to fall back on this logic. But surprisingly, this was not the case.
While it may be true that the Court was bound by Section 9A of the Election Act, shouldn’t the Court invoking its overview functions have also looked into the legality of this section?
Is it constitutional? Is it constitutional to perpetuate a wrong in spite of fraud, probably even of a criminal nature, that were clearly established by Mr Santiago? Read the rest of this entry »
Is Malaysia pioneering a new-fangled “trial by police reports” in the latest twist of injustice and selective prosecution under Malaysia’s “rule by law”?
The charging of Parti Keadilan Rakyat’s Vice President and MP for Batu, Chua Tian Chang for sedition for allegedly linking Umno to the Sulu-Police shoot-outs in Lahad Datu in the Kuala Lumpur Sessions Court today is most regrettable and deplorable, for two reasons:
Firstly, it would appear that the Federal Government of Prime Minister Datuk Seri Najib Razak is not prepared to provide the lead and set the example to unite and rally all Malaysians, regardless of race, religion and political affiliation as one patriotic Malaysian people to face up to the challenges posed by the Sulu terrorists to protect unequivocally our national sovereignty and the right to security of the people of Sabah and the security forces.
Is this the reason why the Cabinet in two consecutive meetings yesterday and the previous Wednesday refused to act on the proposal for the convening of a special session of Parliament on a six-point proposal (1) to give full support to the security forces to take all necessary measures to protect the national sovereignty and security; (2) pay tribute and honour to the nine fallen heroes from the police and armed forces in the shoot-outs in Lahad Datu and Semporna; (3) set up a special foundation to look after the welfare of the families of the fallen heroes and ensure the life-long education up to university level for their children at government expense; (4) condemn the atrocities committed against the fallen heroes by Sulu terrorists; (5) urge the immediate halt of the annual “cession payment” of RM5,300 to the self-proclaimed heir of Sulu Sultanate and (6) to call on the Philippines Government to drop all claims to Sabah.
Secondly, the prosecution of Tian Chua is setting a most dangerous precedent for the grave and gross miscarriage of justice in present-day Malaysia for at least two reasons: Read the rest of this entry »
Charges against Bersih supporters thrown out
By Hafiz Yatim | 11:45AM Sep 18, 2012
Malaysiakini
Twenty-one people, including federal and state lawmakers, were acquitted and discharged by a sessions court today for illegal assembly and not abiding by a police officer’s order.
The prosecution failed to prove a prima facie case against the accused and police failed to show the roles played by the participants in the candlelight vigil in support of Bersih in 2008, the court in Petaling Jaya ruled.
“There is a gap in the prosecution’s case following the inconsistent testimony of the witnesses (from the police).
“The witnesses were inconsistent in stating the time for the crowd to disperse as some were saying 9.45pm and others 10pm and 11pm. This affects to their credibility and also the credibility of the order isued by the police to disperse.
Read the rest of this entry »
Lawyers instructed to institute legal proceedings against defamation against me in Tanda Putera’s official Facebook page
The accusation by Aida Fitra Buyong, the executive producer of the movie, Tanda Putera, that I was being “defensive” over the publication of my photograph on the May 13 film’s official Facebook page alleging that I had urinated at the flagpole bearing the Selangor flag at the then Selangor Mentri Besar’s residence, provoking May 13, 1969 riots, is most scandalous, outrageous and offensive.
Do the creators of the May 13 film expect me to keep silent while they concoct lies about the May 13, 1969 riots, like the total fiction about my urination at the then Selangor Mentri Besar’s residence provoking May 13, 1969 riots when I was never in Kuala Lumpur on May 11, 12 and 13, 1969?
Would the film’s creators, including director Datin Paduka Shuhaimi and executive producer accept lies and falsehoods told about them without attempting to defend their own dignity and integrity?
Aida’s accusation has in fact debunked the claim by Tanda Putera’s director Datin Paduka Shuhaimi Baba that the May 13 riot scene, which lasts about 10 minutes of the 115-minute film, was historically accurate.
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Section 114A and legal presumptions: Are they fair?
By Art Harun | August 15, 2012
The Malaysian Insider
AUG 15 ― Many may not realize this but the law does make many presumptions about the subject matter of its governance, namely, us.
The most famous (infamous?) and perhaps harshest presumption that our law makes is in respect of drug trafficking. Section 39B of the Dangerous Drugs Act 1952 stipulates that whoever is found guilty of drug trafficking shall be punished by death.
Making things a lot easy for the prosecution is a legal presumption imposed by Section 37 of that Act that any person who is found in possession of, among others, 15g or more of heroin or morphine or 200g or more of cannabis will be presumed to be a drug trafficker unless proven otherwise.
Without that legal presumption, the prosecution would, regardless of the quantity of the drug being in possession of the accused person, have to prove that he or she is a trafficker. That means, the prosecution would have to prove that the accused person has been doing any of the following acts, namely, “manufacturing, importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying or distributing any dangerous drug otherwise than under the authority of the Act.”
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Charging Rafizi – gross miscarriage of justice
Posted by Kit in Court, Dr. Chen Man Hin, Financial Scandals on Thursday, 2 August 2012
By Dr Chen Man Hin, DAP Life advisor
I feel there is a gross miscarriage of justice by charging Rafizi for revealing bank accounts of NFCorp.
In my opinion, Rafizi by revealing the bank accounts of NFCorp has shown that the officers of NFCorp were involved in a major offence of laundering money belonging to the people.
NFCorp obtained a sum of RM250 million from the government, ostensibly to invest in a major cattle venture.
The company officers led by its chairman Datuk Seri Mohamed Salleh misused the money and attempted to hide the money in properties in foreign countries. They were engaged in money laundering.
Rafizi discovered this and reported the money laundering operation to the press, based on bank accounts in the names of NFCorp officers.
Read the rest of this entry »
Teoh’s death: A-G’s ‘afraid’ to prosecute
Posted by Kit in Constitution, Court, Crime, Law & Order, Teoh Beng Hock on Saturday, 7 April 2012
by Teoh El Sen
Free Malaysia Today
April 7, 2012
Former KL CID chief Mat Zain Ibrahim claims the A-G is looking after his own interest in deciding not to charge anyone over Teoh Beng Hock’s death.
PETALING JAYA: With the amount of skeletons in his closet, Attorney-General Abdul Ghani Patail would be “digging his own grave” if he prosecutes anyone over the Teoh Beng Hock’s death, said a retired senior policeman today.
Ex- Kuala Lumpur criminal investigation department(CID) chief Mat Zain Ibrahim said this was the reason why Ghani was being cowardly and ‘afraid’ to institute criminal proceedings against any persons recommended by the royal commission of inquiries (RCIs).
“It’s for his own survival. Ghani will not institute any criminal proceeding against any person or persons that are being recommended by any RCIs.
“It is not about lack of evidence or that the case needs further investigation from the appropriate Department or anything to that effect. The RCIs recommendations are valid and proper.
“I state without any hesitation, that Ghani is himself very afraid to take any actions.
“To institute any criminal proceeding against those persons would be like digging his own grave.
“It is like putting himself in the same boat with those people he is suppose to charge and prosecute.
The only difference would be those people may have only one charge hanging over their heads,while Gani Patail has several times more,” said Mat Zain in an e-mail to FMT today. Read the rest of this entry »
Not sub judice to discuss NFC in Parliament, court ruling shows
Posted by Kit in Corruption, Court, Judiciary, Parliament on Thursday, 15 March 2012
By Clara Chooi
The Malaysian Insider
Mar 14, 2012
KUALA LUMPUR, March 15 — The Dewan Rakyat Speaker’s reliance on the rule of sub judice to shut down discussion of the National Feedlot Centre (NFC) scandal in Parliament is flawed, a recent court decision shows.
The High Court, in a contempt suit filed by Syarikat Bekalan Air Selangor Sdn Bhd (SYABAS) against a Selangor government lawyer and PAS organ Harakah last year, had held that the courts must be cautious in applying the sub judice law and must also take into consideration constitutional provisions on the freedom of speech.
According to the judgment sighted by The Malaysian Insider today, Justice Ariff Yusof, when rejecting the application, had stressed that the common law rule on sub judice must be moulded “in the light of fundamental liberties provisions”.
“The court cannot believe the sensitivities of the average Malaysian can be so different so as to incline the court to adopt a completely different juristic approach which relegates freedom of expression below the sub judice rule,” he had said. Read the rest of this entry »
Chief Justice Ariffin Zakaria should intervene against the harsh and excessive one-year jail sentence imposed on imam Hoslan Hussein for throwing his shoes at the Federal Court judges
Posted by Kit in 1Malaysia, Corruption, Court, Financial Scandals, Judiciary, Muhyiddin Yassin, Najib Razak on Friday, 9 March 2012
For the past few days, Malaysian sense of decency and propriety had been pulverised by a battery of blows which collectively signal that something is very rotten with the Najib administration which is marking its third anniversary next month, viz:
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the one-year jail sentence by the Federal Court for contempt of court by imam Hoslan Hussein who flung his shoes at the three-man bench led by Chief Judge of Malaya Justice Zulkifli Ahmad Makinuddin on February 22;
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Two years for the High Court judge to produce a 70-page judgment on the murder trial of Altantuya Shaariibuu, who was blown to bits with C4 explosives, which was totally unconcerned about the motive of the murder.
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The denial of welfare aid and farming subsidies to disabled Sarawak farmer Frusis Lebi, 51, by Sarawak agriculture assistant minister Mong Dagang for supporting the opposition.
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The unending revelations of the horrors of the RM250 million National Feedlot Centre “cow condo” scandal reaching far beyond the shores of Malaysia, with the latest allegations of purchase of properties not only in Singapore but also in Kazakhstan involving public funds specifically meant to promote greater beef self-sufficiency in the country. Read the rest of this entry »
A year for a shoe
By Justice Seeker | March 08, 2012
The Malaysian Insider
MARCH 8 — The Federal Court may have been justified in throwing the book and jailing imam Hoslan Husin, had they done so on the day of the offence.
Because what he did, by tossing his shoes at them, was contempt in the face of the court and the offended quorum of judges would have been within their rights to hear the case there and then.
But the judges and the judiciary did not want the humiliation to go any further (that is why mainstream newspapers were asked by the Palace of Justice not to report the incident), so they allowed Hoslan to leave court.
The problem was that there is such a thing as online media and the case was reported widely. With the news now in the public domain, the powers that be had to swing into action.
Read the rest of this entry »
Judiciary still in winter of emasculation
Posted by Kit in Anwar Ibrahim, Constitution, Court, Judiciary on Thursday, 12 January 2012
— by Bob Teoh
The Malaysian Insider
Jan 12, 2012
JAN 12 — Let’s not be beguiled by Prime Minister Najib Razak’s claim of the judiciary’s independence following the High Court’s full acquittal and discharge of Anwar Ibrahim from the charge of sodomy. As succinctly put by an international civil liberties watchdog, the Opposition leader should not have been charged in the first place.
Anwar’s three trials over 20 years were simply an abuse of due process; nothing more than Umno’s dirty and sordid politics to rid itself of its arch nemesis involving all three prime ministers in a row.
Don’t be misled, a swallow doth not a summer maketh. We are still deep in the winter of an emasculated judiciary frozen since the Mahathir ice age. We need more evidence of courage and boldness from our judges before we can hope to thaw into a new spring.
But credit must be given to where it’s due. Recent judgments indicate some judges are willing to go into early retirement or be put into the cold storage by going the extra mile in their adjudication. The High Court’s judgment against the government in the Allah case is a case in point. There are a few others that are noteworthy. Read the rest of this entry »
Hold The Accolades!
Posted by Kit in Anwar Ibrahim, Bakri Musa, Court, Judiciary, Najib Razak on Wednesday, 11 January 2012
by M. Bakri Musa
Now that Judge Mohamad Zabidin Diah has acquitted Anwar Ibrahim on his “Sodomy II” charge, there is no end of praise heaped upon the judge specifically and the system of justice generally. Prime Minister Najib was quick with his smug assertion that “neither politics nor politicians have any influence over the dispensation of justice.” Foreign governments too have been effusive with their praises. Some now brazenly call for Anwar Ibrahim to apologize for his earlier criticisms of the system.
Hold the accolades! This sordid trial reveals everything that is rotten with the Malaysian system of justice. This case should never have been prosecuted in the first place. That it was reflected the level or more precisely lack of professionalism on the part of these career prosecutors. As for the trial, there were many instances where the judge could have thrown the case out, as when the physical evidence was introduced. Now the learned judge used that as the reason for acquittal. Read the rest of this entry »
Anwar verdict resets Malaysian politics
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Wednesday, 11 January 2012
By Simon Roughneen
Asia Times
KUALA LUMPUR – A not-guilty verdict in a sex scandal case against Malaysian opposition leader Anwar Ibrahim could prove a game-changer in the run-up to elections due by 2013 but thought by many analysts to be held this year.
After months of railing against what he deemed trumped-up and politicized charges, Anwar cut an understandably cheerful and relieved dash on Monday morning when speaking to perhaps 3,000 supporters outside the Kuala Lumpur court where he was acquitted of charges of sodomizing a male party aide in 2008. Sodomy is a criminal offense punishable by 20 years in prison in Malaysia, where Muslim citizens are subject to sharia law. Read the rest of this entry »
Malaysia’s Moment of Sanity
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Wednesday, 11 January 2012
By Bridget Welsh
The Wall Street Journal
Yesterday’s acquittal of Malaysian opposition leader Anwar Ibrahim on the charge of sodomy ends two and a half years of a bad sequel. After being convicted once in 2000 on the same charge and subsequently exonerated on appeal, this time the court found that the prosecution failed to prove its case.
The decision is a moment of sanity after three years of political turmoil since the March 2008 polls. That election effectively broke the stranglehold on power of the incumbent Barisan Nasional, the National Front coalition, which lost its two-thirds majority in parliament. After the loss, the ruling United Malays National Organization seemed to go back to its mode of personal-attack politics, as practiced by former Prime Minister Mahathir Mohamad. The new accusation against Mr. Anwar also signaled a return to the ways of the Mahathir era. Read the rest of this entry »
Anwar’s problems are not over yet
Posted by Kit in Anwar Ibrahim, Court on Tuesday, 10 January 2012
By Sakmongkol AK47 | 10 January 2012
Anwar has been acquitted. I don’t wish to douse the flames of enthusiasm that was evident on the faces and response from his supporters. Family members and friends were elated. I am watching out for possible landmines.
In an interview with Al Jazeera, Anwar said, this present case shouldn’t be considered as a landmark case representing the independence of the judiciary. The only concession he made was to recognize the courage of the presiding judge to arrive at this particular verdict. It will be interesting to watch what happens in the coming months.
The future of Malaysia will depend on what happens within one or two weeks after the Anwar verdict. He has been acquitted. However I do not think he is out of the woods yet. Despite being acquitted Anwar is circumspect about the judiciary. His acquittal does not prove the judiciary is independent he says. Now, that is somewhat ominous. Why would Anwar say that?
Read the rest of this entry »
After sodomy acquittal, Malaysia’s Anwar pressing for power
Posted by Kit in Anwar Ibrahim, Court on Tuesday, 10 January 2012
By Simon Roughneen, Correspondent | January 9, 2012
The Christian Science Monitor
Monday’s surprise acquittal of Malaysia’s opposition leader in a sodomy trial that many viewed as politically motivated eases the prospect of unrest in the multi-ethnic country, one of southeast Asia’s largest tourist draws.
The potential for trouble was highlighted by three small explosions near the courthouse on Monday morning, injuring several people, while a jubilant Anwar Ibrahim mingled with a raucous, fist-pumping crowd of several thousand supporters. Mr. Anwar, a former government insider who has been hounded by legal actions over alleged sodomy since he broke with Malaysia’s ruling party in the 1990s said, “I thank God for this great news, I am finally vindicated.”
The ruling benefits not only Anwar, who’s planning to run for prime minister in upcoming elections, but it may also help the current government burnish democratic credentials dimmed by trials like Anwar’s and the detention of other political opponents.
A guilty verdict would have shown-up the judicial system as unfair, says Greg Lopez, who studies Malaysia at Australian National University, and would have “made a martyr” out of Anwar.
Read the rest of this entry »
A grave injustice avoided
Posted by Kit in Anwar Ibrahim, Court, Najib Razak on Tuesday, 10 January 2012
By Ooi Kee Beng | January 10, 2012
The Malaysian Insider
JAN 10 — The High Court verdict on Anwar Ibrahim’s sodomy trial must be seen as a big triumph for the three-member opposition coalition, Pakatan Rakyat (PR).
One of the biggest challenges that it has in trying to win federal power is to convince voters that it has the leaders needed for such a change in paradigm.
And whatever the ideology of its component parties, they have to deal with the reality that a PR prime minister must come from the Malay community. Whether or not Democratic Action Party stalwart Lim Kit Siang can be accepted as deputy prime minister is one thing, but a non-Malay as top leader is still not thinkable in this time and age.
That is why so much energy had over the last few years been put by opinion makers supportive of the ruling Barisan Nasional into questioning the suitability of Anwar to become prime minister. The latest to join this choir was surprisingly blogger Raja Petra Kamarudin, a one-time Anwar supporter.
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Reform or inertia? It’s gone past that by now
Posted by Kit in Anwar Ibrahim, Court, Najib Razak, UMNO on Tuesday, 10 January 2012
By Farish A. Noor | January 09, 2012
The Malaysian Insider
JAN 9 — It has been a rather long time since I have had any reason to be thankful or optimistic about where Malaysia is heading, but today I allowed myself a small helping of optimism (and I hasten to add it was a small helping) as a result of the judgement that was passed (or rather not passed) on Anwar Ibrahim.
Others have already sagely noted that it is too early to jump the gun and proclaim that Malaysia is on the path of genuine institutional reform, though I was pleased to see that the charges against Anwar were thrown out for the best of reasons, namely that there was little that could be used against the man.
Decades from now a movie might be made about the life of Anwar Ibrahim, and though he — and Malaysia — cannot be said to be an individual or country that merits such global attention it has to be conceded that very few individuals have had to go through what he has been through, along with his long-suffering family.
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