Archive for September 20th, 2007

Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal

I have written to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking him to invoke Article 125 of the Constitution to suspend Tun Ahmad Fairuz Sheikh Abdul Halim as Chief Justice and to establish a judicial tribunal to investigate the serious allegations of judicial misconduct against him as highlighted by the Lingam tape made public by Datuk Seri Anwar Ibrahim yesterday.

In my letter, I quoted Article 125(3) which reads:

“125 (3). If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3A) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.”

The Lingam tape has sparked the latest crisis of confidence in the independence, impartiality and integrity of the judiciary stemming from grave judicial misconduct.

As the allegations of judicial misconduct are of very grave character affecting the perversion of justice, I also asked the Prime Minister to invoke Article 125(5) which reads:

“125(5), Pending any reference and report under Clause (3) the Yang di Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.”

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Malaysian consulate service a letdown

by Disappointed Malaysian

I am writing from Melbourne, Australia as I am frustrated with the services and support provided by the Malaysian Consulate in Canberra, Australia. My family have had the unfortunate incident of having our house burglarised and all (the entire family’s) our documents ie, Malaysian passports, birth certificates, Malaysian driving licences, our MyKads, marriage certificates have all been stolen.

We immediately reported the incident to the Malaysian Consulate in Canberra and was passed on to the person in-charge, a Mr Haa Doan. He must be the most unpleasant person we have come across and encountered during our stay in Australia so far. We told him our circumstances and asked him for the procedure to apply for a replacement travel document and he advised that he will immediately send us the necessary application forms.

We supplied him with our correspondence address and contact details. He then reprimanded us for the way we kept our documents at home which was uncalled for. He kept insisting that we have to fly back to Malaysia to reapply for all our documents but how could we when we have just lost our passports?

The documents came only four weeks later and we sent off our completed forms and the necessary certified documents. On Sept 13, we decided to check with the Malaysian Consulate on the status of our application. My husband who called was told that Haa was on leave. My husband was not happy and called again, and this time was told that Haa was not on leave and the call was passed to him.

He was very annoyed with my husband and irritated when asked about the status of our applications. He said it is still with him in his office which meant that the applications have been sitting at the consulate for more than a month. He said he was sick and that he just returned from back to work. The question is does the consulate stop functioning because Haa is on sick leave? Is there no one to take over his responsibility when he is away from the office?

When my husband asked why wasn’t it sent off to the Immigration Department in Kuala Lumpur, he said that they do not do daily postings to Malaysia and that it was done only once a month! Asked how long will the whole process take, Haa said that he was not sure, maybe it would be six months or more and that it was entirely up to the Kuala Lumpur Immigration Office.

These kind of answers are definitely not reassuring for a whole family who is at their wits end at having lost all their critical documents. The passports are required to fly back to Malaysia to reapply for the other documents and looks like we are at a loss as to when we will get our passports approved or when they finally make their way back to the Kuala Lumpur Immigration Office. Is Australia so distant that there is only one mail service a month? Read the rest of this entry »