Archive for category Court
by V. Anbalagan
The Malaysian Insider
22 July 2015
The Malaysian judiciary, already perceived as being subservient to the executive, could be under further strain now that Datuk Seri Najib Razak has filed defamation suits against his political rivals and some media outlets, lawyers said.
Whether the suits were in his personal capacity or not, lawyers said Najib’s administration would have to contend with public perception of him going to court for defamation – making him the first sitting Malaysian prime minister to do so.
Najib, as head of the executive arm of government, has a role in the appointment and promotion of judges. The prime minister appoints some members of the Judicial Appointments Commission, which selects judges.
While he still has the right to legal recourse, lawyers said it would be better for the prime minister to reply to criticism by engaging the media and to speak in Parliament to clarify issues.
Lawyer S.N. Nair said Najib’s moves to sue has certainly placed the judiciary in state of discomfort. Read the rest of this entry »
Tun Arifin Zakaria is duty-bound as Chairman of JAC to satisfactory account for the by-passing of promotion to Federal Court of the country’s most respected serving judge, Justice Hishammdin
The Chief Justice, Tun Arifin Zakaria is duty bound as Chairman of the Judicial Appointments Commission (JAC) to satisfactorily account for the by-passing of promotion to the Federal Court of the country’s most respected serving judge, Justice Mohd Hishamudin Mohd Yunus.
Arifin had previously tried to shirk from his duty of national accountability when he was asked in September 2013 why Justice Hishammuddin was by-passed from promotion to the Federal Court in the batch of judicial elevations at the time, claiming that the elevation of judges was made without the influence of anyone and that it was at the prerogative of the Yang di Pertuan Agong on the advice of the Prime Minister, Datuk Seri Najib Razak.
Arifin is right that the elevation of judges is not 100 per cent the prerogative of the JAC, but it is beneath the dignity of the Chief Justice to hum and haw claiming that it is unfair for the media or anyone to question the fate of any particular judge.
It has been reported that Justice Hishammuddin’s name was omitted from the promotion list in 2013 as a result of a directive from the Prime Minister’s Office, after the recommendation of his elevation to the Federal Court had passed through the JAC.
Justice Hishamudin’s name was missing again on the promotions list released on Feb. 16 this year, this time by-passed in favour of Justice Zaharah Ibrahim. Read the rest of this entry »
Will the Chief Justice of Malaysia be leading Federal Court judges to go on nation-wide roadshow to justify and win in the court of public opinion their decisions against Anwar which have not found support among the majority of thinking Malaysians
Will the Chief Justice of Malaysia be leading Federal Court judges to go on a nation-wide roadshow to justify and win in the court of public opinion their decisions against Anwar which have not found support among the majority of thinking Malaysians?
This will the next sequel to the unprecedented, unhealthy and undesirable national roadshow by Tan Sri Muhamad Shafee Abdullah, the lead prosecutor of Anwar Ibrahim’s Sodomy II trial, to character-assassinate, vilify and smear Anwar’s reputation and character although Anwar is languishing in Sungei Buloh prison.
In the second stop of Shafee’s nation-wide road-show on Saturday night in Permatang Pauh, the media were told that they were banned from reporting the event – which was even more unfair to Anwar as it meant that Shafee was at liberty to say anything he liked against Anwar as he was hiding under protection of secrecy from media reports!
Mohd Azmi Abdul, the president of the Malaysian Consultative Council of Islamic Organisations, in his article in Malaysiakini “Let’s stop this ‘Sodomy Politics’, now” summed up not only the objection but the repulsion of ordinary decent Malaysians, Muslim and non-Muslim, at such depths plumbed by those in authority in the vile campaign of character-assassination against Anwar, when he asked: Read the rest of this entry »
Sirul should make a clean breast of the truth about the 2006 murder of Altantuya – admit to being one of the two killers, demonstrate true remorse and spell out the outrage that he is sentenced to death while the murder “mastermind” is allowed to get away scotfree
Former police special commandore Suril Azhar Umar should stop hiding and running which he had been doing for the past nine years but to take a honest stand to make a clean breast of the truth about the 2006 murder of Mongolian Altantuya Shaariibuu – admit to being one of the two killers (together with Azila Hadri), demonstrate remorse at the heinous deed “under orders” and spell out the outrage that he is sentenced to death while the murder “mastermind” is allowed to get away scot-free.
The time has also come for Sirul to make a public declaration of his first confession to the police on November 9, 2006 on the Altantuya’s murder.
Although his confession to the police was declared inadmissible by the Kuala Lumpur High Court during Sirul’s trial in July 2007, Sirul must now declare whether his confession represented the truth.
On Feb. 3, 2009, a tearful Sirul had asked the court not to sentence him to death for Altantuya’s murder, saying he was like “a black sheep that has to be sacrificed” to protect unnamed people who have never been brought to court or faced questioning.
“I have no reason to cause hurt, what’s more to take the life of the victim in such a cruel manner,” Sirul said. “I appeal to the court, which has the powers to determine if I live or die, not to sentence me so as to fulfil others’ plans for me.”
In his Nov. 9, 2006 confession to the police, which had been ruled inadmissible in the Altantuya murder trial, Sirul said his boss at the time, Chief Inspector Azilah Hadri who is also charged with Altantuya’s murder, had talked about a reward of between RM50,000 and RM100,000 if the case was settled. Read the rest of this entry »
Why have the police, the Attorney-General and the judiciary ignored the “elephant in the room” in Altantuya Shaariibuu murder case – that Sirul and Azilah could not have killed the Mongolian whom they did not know without a motive and a mastermind?
The Altantuya Shaariibuu murder case is the second case in Malaysia to kick up an international storm after the Federal Court’s 5-0 conviction of Anwar Ibrahim on Sodomy II and five-year jail sentence.
Although the Federal Court decision on the Altantuya murder case was made on Jan 13 finding the two former police commandos Sirul Azhar Umar and Azilah Hadri guilty of the murder of the Mongolian in 2006, the Altantuya case did not become an international storm until after Anwar’s Federal Court decision when Sirul, seeking refuge in Australia, announced that he was thinking of “telling all” about the murder of Altantuya.
Sirul said: “If I die today, I would not find peace. I did what I was told and this is what I get in return.”
I believe the entire Malaysian population can share Sirul’s sense of injustice if he has to pay for the murder of Altantuya, but the mastermind who had the motive and ordered the killing is able to get away scotfree. Read the rest of this entry »
– Nawawi Mohamad
The Malaysian Insider
19 February 2015
The order to kill the Mongolian beauty Altantuya Shaariibuu must have been cascaded down the line of command from someone above. Ultimately Sirul Azhar Umar was the one who had to do all the dirty work and take all the blame when things went wrong.
Thus when any person along the line of command is removed, the others will be insulated and will not collapse like a domino.
Therefore allowing Sirul to slip off to Australia could be part of the plan. Sirul may be allowed some freedom and may also tell his story, but he could only put the blame on his immediate superior.
Sirul telling his story also acts like a pressure release valve, since the Altantuya murder case has heated up like the pressure in a volcano that increases from time to time.
In court, Sirul mentioned that it was Azilah Hadri who instructed him to ensure that Altantuya was really dead. Sirul may not know firsthand on who actually gave the order.
The one who gave the order must have been wise enough to insulate himself or herself from the crime through the line of command. Thus whatever Sirul will say, he cannot say for sure say that such and such person instructed them to kill. Read the rest of this entry »
By Mohamed Hanipa Maidin
Feb 17, 2015
MP SPEAKS When government opted to appoint Muhammad Shafee Abdullah as lead prosecutor in handling Opposition Leader Anwar Ibrahim’s appeal, it implied that Anwar’s case was too big and too serious that the Attorney-General and his team was not confident enough to conduct the appeal.
Maybe, in the eyes of the AG, the murder of Mongolian translator Altantuya Shaariibuu murder was less significant than Anwar’s ‘crime’ so much so that he did not consider fit and proper to engage a private lawyer to secure conviction for political analyst Abdul Razak Baginda (left) so that Razak could have been served with a death warrant.
Razak was acquitted by the High Court but the AG did not lodge an appeal against such a decision. On the other hand, when Anwar was released by the High Court, the AG proceeded with the appeal and used public funds to engage a lawyer who is well known to charge exorbitant legal fees for his services.
Both Razak and Anwar are linked to the Prime Minister Najib Abdul Razak.
Razak was Najib’s close associate and Anwar is his political enemy. His associate is now in London and his political rival landed in Sungai Buloh’s prison. Read the rest of this entry »
From Sodomy I to Sodomy II – Malaysia regressing to the darkness and repression 17 years ago when the country should be moving forward to greater freedom, justice, prosperity and confidence after the passage of almost two decades
Wishing all Malaysian Chinese as well as Malaysians, regardless of race or religion, a Happy Chinese New Year as it is now a festivity celebrated by all Malaysians regardless of race and religion.
Chinese New Year, which begins on the second new moon after the winter solstice, has been described as the most important holiday for Chinese people worldwide.
In China, it is marked by the world’s largest annual human migrations with 2.8 billion trips made across the country in the mass exodus of students, migrant labourers, factory workers and office employees making their long journeys home to celebrate the Chinese New Year.
Chinese New Year in Malaysia has become a very Malaysian affair, despite its ethnic origins and associations.
In Malaysia, the Chinese New Year is also marked by major human migrations, but not confined to the Chinese as it affects other ethnic groups as well.
Many issues will jostle for top attention among Malaysians during the Chinese New Year. Read the rest of this entry »
Roundtable Conference of concerned MPs, NGOs and NGIs to outline the contours of Parliamentary Inquiry into Altantunya Murder or alternatives before Parliament reconvenes on March 9 being considered by the DAP Legal Bureau
I have received positive and favourable response to the suggestion for an all-party Parliamentary Committee to inquire into the many unresolved but important and critical public interest questions on the Altantunya Shaariibu Murder Case, despite the end of the Altantuya murder trial and the conviction of two elite policemen Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar of the Special Action Unit (UTK) for the murder and their death sentence.
Many however are not sanguine that the Prime Minister, Datuk Seri Najib Najib and his Cabinet would agree to the proposal for an all-party Parliamentary Committee into the Altantuya Murder, even if the parliamentary committee is headed by a Barisan Nasional MP.
Najib and his Cabinet has a month before Parliament reconvenes on March 9 to decide whether to endorse the establishment of an all-party Parliamentary Committee on Altantunya Murder.
If the Najib Government is not prepared to agree to a Parliamentary Committee or any other form of public investigation into the Altantunya Murder, then the alternatives will have to be explored, including a hybrid of a Parliamentary-Civil Society Inquiry Committee comprising MPs from both the Barisan Nasional and Pakatan Rakyat and the civil society (both NGOs and NGIs) who believe that good conscience, national interests and our international reputation for justice, the rule of law and good governance demand that the answers to the many outstanding public interest questions about the Altantuya Murder case must be ascertained.
With the victim a Mongolian and one of the convicted murderers Sirul Azhar Umar holding out in Australia refusing to return to the death row in the country, the inquiry into the unresolved public interest issues in the Altantuya Murder Case will become an international one. Read the rest of this entry »
– Julian Leow
The Malaysian Insider
27 January 2015
My Dear People of God,
“I have fought the good fight, I have finished the race, I have kept the faith.” 2 Timothy 4:7
We have come to the end of a long journey which began in 2008 when we were told that we cannot call God in the way the majority of our Catholics in Malaysia have been used to for centuries.
We mounted a challenge in the court to exercise our constitutional right to manage our own religious affairs. The Church took the position that the minister’s restriction went against the spirit as well as the letter of our Federal Constitution. Read the rest of this entry »
Azrul Mohd Khalib
The Malay Mail Online
January 21, 2015
JANUARY 21 ― The indignant tone that recently came out of Jakim’s Director General Datuk Othman Mustapha, who denounced the questioning of religious authorities as being part of a liberalism movement, is representative of the larger problem we have with the government religious institutions in this country.
They feel that they are above criticism. That they can do no wrong and are infallible. That to criticise them is to question Islam.
Yet, the attitude and actions of the religious authorities over the past decade have shown all too clearly why the Shariah system in Malaysia is where it is in our Federal Constitution.
There is an actual risk of abuse and misuse of power. It is not abstract or theoretical. It is very real. Ask Nik Raina of Borders. Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
30 December 2014
There is the law and no one, including religious authorities, can overstep the limits of the law even if they invoke religion as a right.
For too long now, some state religious authorities in Malaysia have issued fatwas (opinions) and treated them as immutable regulations that can be imposed at will and without recourse.
Today, the Court of Appeal affirmed that these state religious authorities have no such power when it upheld a lower court’s ruling that the Federal Territory Islamic Religious Department (Jawi) was wrong in raiding and seizing copies of a controversial book from a Borders bookstore in Kuala Lumpur.
The book, “Allah, Liberty and Love” by Irshad Manji, was seized before a fatwa banning it was issued and, as such, Jawi’s actions were deemed illegal and unconstitutional. Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
27 October 2014
Context, the Attorney-General Chambers said today, was the important ingredient to consider when deciding whether Datuk Ibrahim Ali committed sedition when he threatened to burn bibles that contained the word “Allah” last year.
“As decided by the court, before a statement is said to have seditious tendencies, the statement must be viewed in the context it was made …
“When studied in its entire context, Datuk Ibrahim’s statement is not categorised as having seditious tendencies.
“It was clear Datuk Ibrahim Ali had no intention to create religious tensions, but was only defending the purity of Islam,” the AGC said, noting the Perkasa chief also said: “This is not a sentiment or (an attempt) to provoke religious tensions, but to defend the purity of Islam which is clearly (stated) in the laws.”
“He also did not commit any offence under Section 298 or 298A of the Penal Code as he was clearly defending the purity of Islam.”
Right. So the context is this, Ibrahim was not charged because he said he was not attempting to provoke religious tensions but was defending the purity of Islam.
Well, to put it in context, that is a half-baked explanation by the AGC, a comment after the fact.
In any court, this type of mitigation would have been laughed at. Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
26 October 2014
In the same week that Malaysia won a non-permanent seat in the United Nations Security Council, a Malaysian shockingly fled Malaysia to seek asylum and protection from what he called oppression from authorities and gangsters.
Activist Ali Abd Jalil is the second Malaysian in as many weeks who ran away, citing oppressive laws and lacking faith in the system to protect his rights.
Posting in his Facebook page, Ali said “Now I am in Sweden, looking for asylum… the Malaysian government and sultan treated me like rubbish.
“I have been threatened by gangsters and racist Malay groups in Malaysia. Malaysia is not safe for me, police and gangsters are following me all the time.” Read the rest of this entry »
Is Najib so cruel, callous and heartless as to want Anwar to be jailed for 20 years and not released until he is an octogenarian?
I find it shocking, unbelievable and outrageous that the Attorney-General is counter-appealing against Datuk Seri Anwar Ibrahim’s five-year jail sentence in the Sodomy II case when the Federal Court sits on Tuesday and Wednesday to hear Anwar’s appeal against his Court of Appeal conviction and sentence on March 7.
It has been reported that the prosecution has counter-appealed and wants Anwar to be jailed for more than five years contending that the Court of Appeal’s five-year jail sentence is “manifestly inadequate”, “does not reflect the gravity of the offence” and “fails to serve the ends of justice from the perspective of public interest”.
There are forces among those in power who want to get rid of the Opposition, by “hook or by crook”, but I want to ask the Prime Minister Datuk Seri Najib Razak whether he is so cruel, callous and heartless as to want Anwar to be jailed for 20 years and not released until he is an octogenarian?
Is this in conformity with Najib’s preaching of wasatiyyah or moderation with its emphasis on the principles of justice, balance and excellence?
Here we see another glaring difference in the political ethos and culture between Malaysia and Indonesia. Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
10 September 2014
Today, a Malaysian preacher was charged with sedition for something he wrote in his Facebook account in November 2012. That is about 22 months ago.
How far will the authorities go back to decide what is seditious and what is not?
Would what Tunku Abdul Rahman say about seeking independence or what Tun Dr Mahathir Mohamad said in the constitutional crisis of 1983 and 1993 be considered seditious under the Sedition Act 1948? Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
1 September 2014
Somewhere in there, lurks a strategy to the Najib government’s decision to use the Sedition Act as a dragnet against citizens of this country.
Critics argue that it is to cower Malaysians into silence, to discourage dissent of any kind, to send a chilling message that thinking is not allowed.
Others say Putrajaya is borrowing out of the playbook of the PAP government in Singapore, a government famous for its sledgehammer approach. In fact, just recently, Umno’s main mouthpiece Utusan Malaysia even suggested that Malaysia look south. Read the rest of this entry »
AG should resign or be replaced if he cannot discharge his duty of public accountability to explain whether he has been guilty of selective and malicious prosecution in recent slew of charges against PR MPs and Assemblymen
Although the Attorney-General Tan Sri Gani Patail is vested with the sole discretion under Article 145 of the Malaysian Constitution “to institute, conduct or discontinue any proceedings for an offence” , he owes the Malaysian people a duty of public accountability to explain whether he has been guilty of selective and malicious prosecution in the recent slew of arrests and charges against Pakatan Rakyat Members of Parliament and State Assemblymen.
The new-fangled charge against the PKR Vice President Rafizi Ramli yesterday, for example, was just incredulous and most extraordinary.
Rafizi is charged under Section 504 of the Penal Code on “Intentional insult with intent to provoke a breach of the peace” which states: “Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any offence, shall be punished with imprisonment for a term which may extend to two years or with fine or with both”.
Rafizi was accused of issuing “defamatory and provocative statements” against Umno members through a statement he made in February, linking Umno with an incident where a Molotov cocktail was thrown at a church.
There have been legion cases of DAP, PKR and PAS members being “defamed” and “provoked” by UMNO/BN leaders and spokespersons, particularly since the 12th General Elections in 2008, but have anyone been arrested and prosecuted in the past six years under Section 504 of the Penal Code, which could lead to the disqualification of a sitting Member of Parliament or State Assemblyperson, resulting in by-elections?
Absolutely none. Why then has this new-fangled charge been trotted out against Rafizi which could lead to his disqualification as MP for Pandan followed by a parliamentary by-election? Read the rest of this entry »
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
The Malaysian Insider
29 August 2014
Seputeh MP Teresa Kok wants to transfer her sedition charge from the Sessions Court to the High Court in a bid to expose what she says is selective prosecution by Attorney-General Tan Sri Abdul Gani Patail.
The DAP national vice-chairman said in an application to transfer her case that Gani refused to frame charges against racists and extremists who threatened public order, ridiculed other races and those from minority religions to create disharmony and riots.
She said the High Court was the appropriate forum to investigate that the charge against her amounted to selective prosecution.
She also said the matter could only be brought to the Federal Court if her trial started in the High Court.
“There are many delicate legal questions that will be raised because the A-G’s discretionary powers superseded a citizen’s right to equal protection under the law,” said Kok in the affidavit sighted by The Malaysian Insider.
Sessions judge Norsharidah Awang will hear the application to transfer the case on September 18. Read the rest of this entry »