Archive for October 2nd, 2007

ASEAN mission on reports of massacre of thousands of monks and protestors by military junta last week

I have no objection to UMNO Youth deputy leader Khairy Jamaluddin “hijacking” the NGO protests at the Myanmar Embassy yesterday, particularly the Malaysian Youth Coalition for Peace and Freedom in Burma, provided this represents a genuine change of heart and radical policy alteration on democracy and human rights in Burma by UMNO Youth.

The question is whether what happened yesterday was a cynical hogging of the publicity limelight by Khairy with no meaningful commitment by Umno Youth to the cause of democracy and human rights in Burma or whether it signaled that UMNO Youth is now prepared to join forces with all pro-democracy and pro-human rights activists to mobilize greater Malaysian and ASEAN support to end the long night of savage and bloody dictatorship of the military junta in Burma.

What is most disturbing is the latest claim in the international media that thousands of protestors are dead and that bodies of hundreds of executed monks have been dumped in the jungle.

Hla Win, 42, a former chief of military intelligence in Rangoon’s northern region and who fled when ordered to help massacre monks who had led last week’s mass protests, said the toll of deaths in Burma was in the region of several thousand.

The international media also reported accounts from other exiles along the Thai-Burma border confirming that hundreds of monks had simply “disappeared”.

Dissidents hiding along the Burma border said thousands of monks had been locked up and were being beaten inside blood-stained temples. Read the rest of this entry »

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Lingam tape – substantive no confidence motion in Ahmad Fairuz as CJ

I will move a substantive motion of no confidence in Tan Sri Ahmad Fairuz Sheikh Abdul Halim as Chief Justice when Parliament reconvenes on Oct. 22 if the Prime Minister and Cabinet evade their national duty tomorrow to restore national and international confidence in the independence and integrity of Malaysian judiciary and establish a Royal Commission of Inquiry.

The urgency of such a Royal Commission of Inquiry into the independence and integrity of the Malaysian judiciary has been highlighted by the current controversy and public furore over the Lingam Tape scandal re-opening one of the most disgraceful subjects in Malaysia — the 19-year crisis of confidence in the Malaysian judiciary with the system of justice tottering from one scandal after another in the past two decades since 1988.

Public opinion have spoken out loud and clear that Malaysia must not miss the golden opportunity which has surfaced to rectify one of the greatest national shames and injustices in five decades of Malaysian nationhood — the plunge in national and international confidence in the Malaysian judiciary in the past 19 years from the high world esteem and respect it had enjoyed during the first three decades of Malaysian history, especially under the first three Prime Ministership of Tunku Abdul Rahman, Tun Razak and Tun Hussein.

The Cabinet tomorrow must not abdicate from its national duty to do what is right for the country and future generations — to make Malaysians proud of the Malaysian judiciary and system of justice once again after 19 years by disbanding the three-man panel on the authenticity of Lingam Tape and its replacement by a Royal Commission of Inquiry with wide-ranging powers to inquire into the rot in the justice system to restore national and international confidence in the Malaysian judiciary.

On Sunday, three illustrious former members of the Bench had added their voices to the snowballing demand for a Royal Commission of Inquiry into the system of justice as well as for a Judicial Appointment Commission.

The three retired judges — rightly described by Sunday Star as “among the most highly-respected to have served on the Bench – who have spoken up are retired Court of Appeal judges, Datuk Shaik Daud Ismail, Datuk K.C. Vohrah and Datuk V.C. George.

Shaik Daud made a most powerful argument for a Judicial Appointments Commission when he pointed out the blemishes of recent judicial appointments: “We have seen so many cases where seniors (judges) with merit are not promoted but juniors without merit are. The reason would appear to be that they are being rewarded.”

On the need for a Royal Commission of Inquiry instead of just a panel to look into the authenticity of Lingam Tape, George said: “The panel is only looking at one issue. I think the Bar is on the right track in calling for a royal commission to look into all aspects of the judiciary” while Vohrah said: “Yes. A royal commission could explore all aspects of the ills besetting the judiciary. The problems are far-reaching and something has to be done fairly quickly before the judiciary slides further down the track.”

On Nazri’s claim that everything was all right with the judiciary, Vohrah had this unflattering comment:

“I think he’s probably not aware of what is happening on the ground. In many commercial contracts, parties are including an arbitration clause to resolve disputes instead of the courts. That is a terrible blow to the judiciary because apart from a handful, the rest are good judges. In some states, there may be three or four judges but you will find that only one or two are doing all the work and carrying the whole burden.”

If the Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the Cabinet are not prepared to do their national duty to restore national and international confidence in the judiciary at the Cabinet meeting tomorrow by establishing a Royal Commission of Inquiry, then there is probably no other option than to explore the next logical move in Parliament — a substantive motion of no confidence in Ahmad Fairuz as Chief Justice. Read the rest of this entry »

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