Archive for category Judiciary
Copycat judge in a copyright case!
Posted by Kit in Judiciary, Martin Jalleh on Friday, 14 October 2011
By Martin Jalleh
14 Oct 2011
When the respected retired judge N H Chan called certain judges in the appellate courts “imposters”, “intellectual and legal frauds”, “incompetent”, “inane”, “ignoramuses”, “inconsistent” and even an “idiotic” bunch, little did he realise that he was being very mild.
Now it has come to the public’s notice that crouching amongst the growing company of judicial clowns and court jesters in the Palace of Justice is a copycat judge who allegedly plagiarised chunks of a judgment of another judge – in a copyright infringement case!
Former Law Minister Rais Yatim has confirmed that the government had known about the plagiarising judge, but Rais tries to take the rakyat for a ride by blaming it all on the then Chief Justice (CJ), and that it was left to the latter to investigate and to take appropriate action. Read the rest of this entry »
Can the separation of power in Malaysia become reality?
Posted by Kit in ISA, Judiciary, Najib Razak on Tuesday, 20 September 2011
— Koon Yew Yin
The Malaysian Insider
Sep 20, 2011
SEPT 20 — The recent announcement by Prime Minister Datuk Seri Najib Razak of pending political reforms is an important step in the right direction for the country. These reforms are needed to complement the earlier economic ones. The prime minister’s boldness in enacting these reforms has been applauded by all quarters, except for supremacist groups such as Perkasa who have been agitating for the harsher use of punitive laws against groups opposed to their notion of Malay rights and who are against any liberalisation of the status quo.
However, critics and cynics have questioned whether the reforms are being undertaken by the government to gain popularity and to counter the increasing potency of these civil liberty issues in the coming general election. Concern has also been expressed on whether the new laws to deter terrorism may be misused by the authorities and may have the same effect of stifling legitimate dissent. Also the proposed decision to abolish annual licensing for the print media under the Printing Presses and Publications Act is really a minor improvement since the home minister’s decision not to renew a licence is final and cannot be disputed in any court of law. Read the rest of this entry »
It was People Power that finished off the ISA
Posted by Kit in Human Rights, ISA, Judiciary on Saturday, 17 September 2011
Aliran Executive Committee
Malaysia Day, 16 September 2011
Prime Minister Najib Razak’s announcement that the ISA and the Emergency Ordinance would be repealed has taken the nation by surprise. He also announced that Section 27 of the Police Act (on public assemblies) and the requirement for publishing permits to be renewed annually would be dropped.
Most people would be inclined to welcome these announcements. But we would be well advised to temper any celebration with caution. What will replace these oppressive laws is not clear and has not yet been revealed in much detail.
The repeal of the ISA and EO is an acknowledgement that the government can no longer sustain the use of these laws without strong public condemnation and opposition. The repeal of these two laws is the only logical move. Read the rest of this entry »
Answering Jeffrey
By N H Chan
In the recent article by Martin Jalleh dated 14 Sept 2011 entitled Chief Jester’s Circus and Charade Comes to a Close (Part 2) which appeared in your blog, I find this comment from Jeffrey:
The Ex judges that talked independent, don’t forget that they do so only after they left office, with nothing to lose!
Normally I do not answer comments from commentators. But in this case I think Mr Jeffrey should know that he is mistaken because apparently he does not know about me when I was a serving judge. For sure he has not read my book How to Judge the Judges. I would suggest that he reads Ayer Molek v Insas [1995] 2 MLJ 735. Read the rest of this entry »
Chief Jester’s Circus and Charade Comes to a Close (Part 2)
Posted by Kit in Judiciary, Martin Jalleh on Wednesday, 14 September 2011
by Martin Jalleh
14 Sept 2011
Zaki Azmi, the “Judiciary’s Renaissance man” has left behind a legacy of a judiciary scandalously compromised, shamelessly cowed and a slew of shocking contradictory and convoluted judgments. Below are some examples.
“Creatures of the Government”
In Dec. 2009, Abdul Aziz Bari, a constitutional law expert, declared that the judiciary has been reduced to one that “takes its cue from the government”.) But it has been the then CJ’s belief that since the 1988 judicial crisis “the confidence in the judiciary has improved a great deal” (The Nut Graph, 26.03.10)!
Zaki called those who criticized the judiciary for its lack of independence “a small group of vociferous people out there, who go onto the internet and blogs and Facebook and all that and make comments without knowing the proper background. Many are not even lawyers.”
A few months later lawyer Edmund Bon, who was then the chairman of the constitutional law committee of the Bar Council revealed that “the perception that the judiciary is executive-compliant still remains till today” (Free Malaysia Today, 17.08.10)!
According to former Federal Court judge Gopal Sri Ram: “… the judiciary has become so ‘executive-minded’ and that “the judges have become creatures of the government” (Malaysiakini, 16.09.10).
The NST quoted Zaki on 12 May this year that feedback from lawyers showed that they were happy with the integrity of the judiciary and had not heard anything negative since 2008. He added: “I am sure many, if not all, agree that the Malaysian judiciary is now free from any criticism or accusation of bias or partiality.”
Very apparently he had not listened to N H Chan who had often pointed out that the “Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government.” Read the rest of this entry »
Chief Jester’s Circus and Charade Comes to a Close (Part 1)
Posted by Kit in Judiciary, Martin Jalleh on Wednesday, 14 September 2011
By Martin Jalleh
14 Sept. 2011
Zaki Azmi has retired as the Chief Justice (CJ) of Bolehland. Weeks before the final curtain, he held himself in high regard in press interviews by giving rave reviews of his own tenure. He felt “very satisfied with the judiciary’s achievements in less than three years” (Bernama).
For a long time the mainstream press had portrayed Zaki as a “reluctant” CJ. But as his retirement date drew nearer, the Malay Mail (MM) revved up the farewell accolades by revering him as the “Judiciary’s Renaissance man” (25.08.11).
According to MM’s executive editor Terence Fernandez the feedback he received from Zaki’s contemporaries in the Federal Court including Arifin Zakaria, Raus Sharif, James Foong, Zulkefli Ahmad Makinudin and Abdull Hamid Embong was that Zaki “has revolutionised the judiciary”.
Praise for Zaki’s tenure also came from the Bar Council. Its chairperson Lim Chee Wee lauded him as one who has “surpassed the Bar’s expectations as he has implemented many positive changes”. Lim listed 11 of the changes (Malaysiakini, 06.09.11).
Zaki’s changes may have been impressive but the reputation of the judiciary was sullied irreparably during his term of office. In the eyes of the public the judiciary sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy. Read the rest of this entry »
‘Evidence fabricated in Anwar’s corruption trial’
Posted by Kit in Anwar Ibrahim, Court, Judiciary, Mahathir, Najib Razak, Police on Tuesday, 13 September 2011
Malaysiakini
Sep 12, 11
Anwar Ibrahim’s 1999 conviction for abuse of power was wrong as the prosecution had concocted evidence and cheated through the actions of then investigating officer Musa Hassan and then lead prosecutor Abdul Gani Patail.
This was revealed in another open letter, sent to Inspector-General of Police Ismail Omar today, by former Kuala Lumpur CID chief Mat Zain Ibrahim.
Mat Zain states that Musa and Gani had done this for their joint benefit. Both had risen in ranks, with Musa becoming the police chief and Gani, the attorney-general. Musa retired recently.
“It is not wrong to say the jail term Anwar faced is an injustice to him as a result of both their (Musa’s and Gani’s) actions. I am basing this argument on documentary evidence and statements that I have and are within my knowledge,” he said in the letter.
“I am also saying this because there are important statements made by (former prime minister) Dr Mahathir Mohamad in Chapter 53 of his memoirs ‘Doctor in the House’ on the black eye incident, and the actions by the public prosecutor are different from what I have in the official case files of 1998.
“I believe that Mahathir was given a wrong briefing and he had been manipulated.” Read the rest of this entry »
Top court says Lingam video RCI findings ‘cannot be reviewed’
The Malaysian Insider
Sep 13, 2011
PUTRAJAYA, Sept 13 — The Federal Court ruled today that the findings of the royal commission of inquiry (RCI) into the controversial V.K. Lingam video clip cannot be reviewed as the commissioners merely made findings and it was not a decision.
Lawyer Datuk V.K. Lingam wanted the Court of Appeal to review the RCI’s findings that he had committed criminal misbehaviour which, he said, was a grave attack on his reputation, and that he had been adversely affected.
The senior lawyer argued that although he had not been prosecuted, his reputation had been gravely tarnished and injured, and that it was his fundamental right under the Federal Constitution to safeguard his reputation.
Justice Raus Sharif ruled that Lingam and two former chief justices were not adversely affected by the findings of the commission. Read the rest of this entry »
Constitutional question: Judges let natives down
Posted by Kit in Constitution, Judiciary, Sarawak on Saturday, 10 September 2011
by Hafiz Yatim
Malaysiakini
Sep 9, 11
A law professor said Chief Justice Zaki Azmi and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, could have abdicated their oath of office by their refusal to interpret the question of law posed to them.
The question posed before the court was “whether section 5(3) and (4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires Article 5 (Right to life) and Article 13 (right to property) of the Federal Constitution.”
Islamic International University professor Abdul Aziz Bari said by refusing to deal with the constitutionality issue, the Federal court has abdicated its duty.
“Under the Federal Constitution, the Federal Court which is the highest court of the land is essentially the constitutional court of the country; the main tribunal whose major duty is to take care of the constitution,” he said. Read the rest of this entry »
Judicial independence and justice
Lim Sue Goan
The Malaysian Insider
September 09, 2011
SEPT 9 — Prime Minister Datuk Seri Najib Razak’s recent visit to the Palace of Justice has triggered a dispute as some claimed that the visit could jeopardise the independence of the judiciary. However, I am more interested in the remarks made by retiring Chief Justice Tun Zaki Azmi.
He said that the government had allocated RM130 million to upgrade court facilities and it was normal for the prime minister to see how the money was spent. Also, the more people the more transparent it was and there was nothing to be kept in the dark. It would not affect judges’ independent judgment.
The judiciary needs money to operate and the bill is paid by the government. Then how could we be sure that the judiciary would not lose its independence for government funding?
Judiciary independence is a universal value. According to the Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from August 26 to September 6, 1985, “it is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions”.
Most countries and regions such as the US, Germany, Japan, Hong Kong, Macao and Taiwan separated the expenses of the judiciary and included it in the central budget. Many countries also have a court expense budget which is planned by a court expense budget committee formed by courts or judges. There are also judges who participate in a court expense budget team and the Finance Ministry has no right to delete or seize a court expense budget and funding. Read the rest of this entry »
Revised law rewards judiciary’s top three, works other judges longer
By Debra Chong
The Malaysian Insider
Aug 29, 2011
KUALA LUMPUR, Aug 29 — Unlike his predecessors, Tun Zaki Azmi will retire on a full pension when he clocks out for the last time from the Palace of Justice on September 12 despite serving less than three years as Chief Justice, thanks to a recent revision of a remuneration law for the country’s judges.
It used to be a minimum of 15 years for judges from the High Court upwards to get their full pensions but few in the courts appear aware of the revisions to the Judges’ Remuneration Act (JRA) 1971, passed in Parliament two months ago, that gave senior judges a shorter time to get pensions while junior judges now have to spend 18 years to get their full pension.
“The whole thing is purposely catered to Zaki,” DAP federal lawmaker Lim Kit Siang told The Malaysian Insider when contacted. Read the rest of this entry »
Who killed Teoh Beng Hock?
Posted by Kit in Corruption, Judiciary, Teoh Beng Hock on Monday, 8 August 2011
The burden of proving that Teoh’s death was an accident lies on those who had held him at the MACC
By N H Chan
Recently (see my article “If you put the cart before the horse” or “Cart and Horse” depending on where you have read it), I wrote about the unfounded conclusion of a befuddled Royal Commission of Inquiry that Teoh Beng Hock was driven to suicide while he was in the custody of the MACC.
One still wonders how such a conclusion could ever have been reached by the RCI without any evidence to support it whatsoever! Such evidence requires the opinion of an expert – which is a relevant fact under section 45 of the Evidence Act – to say that Teoh was driven to suicide as a direct consequence of the third degree method of interrogation inflicted on him by the police while he was in the custody of the MACC. It is because the finding of the RCI that Teoh was driven to suicide was unsupported by any evidence that we all realized how silly had been those judges who sat on the Royal commission. Those three judges have since become the laughing stock of the nation! Read the rest of this entry »
RCI + inquest = ‘big, big mess’
Posted by Kit in Court, Judiciary, Teoh Beng Hock on Thursday, 28 July 2011
By Teoh El Sen | July 28, 2011
Free Malaysia Today
PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.
Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.
“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.
Read the rest of this entry »
Raja Aziz – A legal mandarin’s sad last days
By Terence Netto
Jul 14, 11 | MalaysiaKini
Raja Aziz Addruse, for all his ultimate eminence as a lawyer, must have felt himself a marginal man, especially in the last decades before his death on Tuesday from lymphatic cancer at the age of 75.
Nothing exemplified this peripheral stature than the refusal of the Federal Court to grant him consideration when questions on the constitutional monarchy were referred to it in a dispute on the royal succession in Kelantan last year that pitted the former sultan against his successor, the regent.
The former sultan had retained an ailing Raja Aziz as counsel when he challenged the constitutionality of the succession. Read the rest of this entry »
Mat Zain wants Altantuya accused retried
By Debra Chong
July 12, 2011 | The Malaysian Insider
KUALA LUMPUR, July 12 — Datuk Mat Zain Ibrahim urged today Prime Minister Datuk Seri Najib Razak to step in and relook the Attorney-General’s (A-G) prosecution of two policemen now on death row for the murder of Mongolian model Altantuya Shaariibuu.
The retired cop accused the A-G of mishandling the case, which reflects a miscarriage of justice as the motive for murder was never found. Read the rest of this entry »
Najib GTP in past two years a depressing failure
I posed a supplementary query in Parliament to Question No. 5 to the Minister in the Prime Minister’s Department, Senator Tan Sri Dr. Koh Tsu Koon who had boasted about the great success and achievements of Prime Minister Datuk Seri Najib Razak’s Government Transformation Programme to date.
Puncturing his balloon, I pointed out that the purpose of Najib’s GTP is to restore national and international confidence in the efficiency, independence, integrity and professionalism of key national institutions but the reality in the past two years had been the very opposite – with even greater plunge of public and international confidence in the efficiency, independence, integrity and professionalism of key national institutions like the police, judiciary, elections commission and the anti-corruption commission, the MACC.
Read the rest of this entry »
Mat Zain: Bala’s SD might save cops on death row
Posted by Kit in Court, Judiciary, Law & Order, Police on Tuesday, 28 June 2011
Malaysiakini
Jun 27, 11
Former Kuala Lumpur CID chief Mat Zain Ibrahim has urged Inspector-General of Police Ismail Omar to intervene in the decision of the Attorney-General’s (AG’s) Chambers not to charge private investigator P Balasubramaniam with falsifying a statutory declarations (SDs).
In an open letter to Ismail, Mat Zain said the contents of Balasubramaniam’s statutory declarations, if tested in court, may influence the outcome of the Altantuya Shaariibuu murder case.
Two young police personnel, Azilah Hadri, 33, and Sirul Azha Umar, 36, were both sentenced to death for Altantuya’s murder.
However, political and defence analyst Abdul Razak Baginda was acquitted of abetment without his defence being called. Prosecutors did not appeal the decision.
“If the judge had mistakenly freed Abdul Razak, that is inconsequential. Maybe that is his luck. But we cannot allow the judge to mistakenly sentence Azilah and Sirul to death. Read the rest of this entry »
Something rotten at the Duta courts
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Sunday, 26 June 2011
by Hafiz Yatim
Malaysiakini
Jun 25, 11
Shakespeare wrote in the play ‘Hamlet’ that “something is rotten in the state of Denmark”. Court of Appeal judge NH Chan had also made similar remarks when he wrote the Ayer Molek Rubber Co Bhd vs Insas Bhd judgment in 1995, where he described the case he was presiding over as being about an injustice perpetrated by a court of law.
Can yesterday’s conviction of the infamous ‘Datuk T’ trio be said a travesty of justice deserving the local version that goes “something is rotten in Duta courts” resulting in possibly another charge looming over Opposition Leader Anwar Ibrahim? Read the rest of this entry »
Karpal: Public porn screening in court ‘a first’
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Saturday, 25 June 2011
Malaysiakini
Jun 25, 11
Karpal Singh slammed the Kuala Lumpur Magistrate Court’s handling of the Datuk T proceedings yesterday for showing the sex video to the public and for allowing Anwar to be implicated in his absence.
“This is the first time in legal history of the country that a pornographic video clip produced as an exhibit in court has been played on two big screens, one facing them magistrate and the other the public gallery,” said the Bukit Gelugor MP and veteran lawyer in a statement today.
Karpal said in such situations the public gallery would always be cleared.
While he agreed that as a fundamental element of the charge against the Datuk T trio, the screening had to be done in the presence of the magistrate and relevant parties, and this should not include the public. Read the rest of this entry »
Mat Zain wants PM to call for tribunal against AG
Posted by Kit in Corruption, Judiciary on Friday, 10 June 2011
By Hafiz Yatim
Jun 10, 11 | MalaysiaKini
Former Kuala Lumpur CID chief Mat Zain Ibrahim slammed the operations review panel of the Malaysian Anti-Corruption Commission today for clearing attorney-general Abdul Gani Patail of any wrongdoing in the haj trip he took with an allegedly shady character named Shahidan Shafie.
Mat Zain has also called for the setting-up of a tribunal to properly put the attorney-general on trial over the issue.
In a hard-hitting open letter to Prime Minister Najib Abdul Razak dated today, Mat Zain said the move to clear Gani (right) was expected, but the people were fed-up with the MACC being seen to be lying just to save the attorney general from being prosecuted.
This, he said, would cause the people to lose confidence in the MACC, resulting in what good the agency was doing being seen as a sandiwara (show). Read the rest of this entry »
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