De facto Law Minister, Datuk Zaid Ibrahim has just confirmed that the appointment of the next Chief Justice will not be affected by any judicial reform currently in the pipeline.
I posed this question during the winding-up of the debate on the Judges’ Remuneration (Amendment) Bill 2008.
The Chief Justice, Tun Abdul Hamid will retire on 18th October 2008.
I pointed out that as it does not appear that the much-hyped judicial reform, including the establishment of a Judicial Appoinments Commission, will be presented to Parliament before October although Zaid had earlier promised that the legislative proposals would be presented in the current meeting of Parliament, the appointment of the next Chief Justice will be by the present process.
When Zaid agreed, I remarked that the country seems set to have the first UMNO Chief Justice in the nation’s history.
I had earlier expressed my concern that the government is back-tracking on its promise of judicial reforms.
#1 by yhsiew on Tuesday, 15 July 2008 - 7:33 pm
Everything is back to square one! Those who have a fat piece of meat in their mouths will never spit it out.
#2 by hiro on Tuesday, 15 July 2008 - 7:49 pm
Note to BN supporters in March 8 elections: they said they were humbled by the voters who turned against them. They acknowledged that they have many shortcomings. In the first few weeks, they were basically leaking reform agendas from their ears and nostrils. Now they have regrouped, realised that reform is bad for their business. There is a plan to nail Anwar so that he’s no longer a threat. Now they feel comforted. And so we will see a demise of any significant reform from now on. We can kiss goodbye to judicial reform, just as we have already kissed goodbye to IPCMC. It’s only a matter of time when they find posting a senior AG officer to ACA not workable and recall him. Or even with him in ACA, he remains answerable to the AG. Forget about the disclosure of assets that the PM promised. Forget about open tenders. Forget about revisiting NEP’s implementation. And forget about having a vibrant education sector and economic resurgence.
The question really is, will the rakyat mobilise, regardless of Anwar, to bring about transformation to Malaysian politics on 16 September, a transformation that Malaysia so desperately needs?
#3 by penang308 on Tuesday, 15 July 2008 - 7:55 pm
Dear YB,
It looks like “Bloodawi” fall asleep again, please wake hime up!
Please ask him to step down if he is too tire and cannot cope!
#4 by Godfather on Tuesday, 15 July 2008 - 8:22 pm
UMNO has many agendas but the only agenda that works is that of dipping their hands into the country’s coffers.
There is only one agenda for PR – kick out the liars, cheats and thieves at the next GE.
#5 by undergrad2 on Tuesday, 15 July 2008 - 8:38 pm
“De facto Law Minister, Datuk Zaid Ibrahim has just confirmed that the appointment of the next Chief Justice will not be affected by any judicial reform currently in the pipeline.”
If that is not a clue as to his identity, I don’t know what could be.
For the sake of comparison, U.S. Supreme Court justices are nominated by the President of the United States. The nomination must be approved by a majority vote of the Senate. The Justices serve until they either retire, die or are impeached. These judicial nominees have political ideologies before joining the Supreme Court. It is only to be expected that Republican Presidents would nominate conservatives to the Bench – those not pro-life, not pro-same sex marriage, not pro-gun control and so on.
But whatever their record may be, these judicial nominees are vetted and examined as to all aspects of their lives, both public and private, by the U.S. Senate Judicial Committee through a transparent and public process.
If you happen to be a nominee your marital relationship, your brushes (however minor they are) with the law, your drinking habits etc are all fair game. They are all out there and you would have to talk about them.
Needless to say, if your hobby is chasing skirts you would have a hard time holding on to your pants.
#6 by limkamput on Tuesday, 15 July 2008 - 8:56 pm
No point just talking. PR must try its level best to block the appointment. Do whatever necessary – create awareness, solicit support from beyond PKR etc, block the appointment. Explore the avenues available, consult among the PKR leadership and even try to get support from non UMNO BN members and other institutions of Government. Tough time calls for tough action. Collaborate if needed, but get this appointment blocked. If we fail this, it is adventurous stories and vicious circles all over again. So please.
#7 by yhsiew on Tuesday, 15 July 2008 - 9:02 pm
Kit,
Sorry to digress.
The government demanded that Anwar provide his DNA for investigations into the sodomy complaint brought against him by a former aide – Yahoo Asia News.
I suggest Anwar also privately get his DNA tested and compare the test-result with that obtained by the police.
#8 by Godfather on Tuesday, 15 July 2008 - 9:50 pm
PR, the Bar Council, all the friendly NGOs, the Consumer Association, all these parties won’t be able to block the appointment. This was decided some time ago, and is part of the grand plan to ensure the subservience of the judiciary, the Police, the ACA and the AG’s Chambers to the PM’s office. The only plausible way is to get rid of this bunch of thieves at the next GE, and reverse the appointment through an independent commission. Yes, the rakyat will be suffering for the next 3 – 4 years, and the stealing will intensify during this period, but what is 3- 4 years compared to the pillaging in the past 30 years.
#9 by undergrad2 on Tuesday, 15 July 2008 - 10:06 pm
Godfather,
If you’re talking about his party loyalty, then consider this. Judicial nominees to the U.S. Supreme Court are appointed based on their political ideologies by the U.S. President. The United States is a beacon of democracy for the free world and staunch advocates of the doctrine of separation of powers.
#10 by limkamput on Tuesday, 15 July 2008 - 10:22 pm
Someone must have last say on everything. If we want to compare and contrast, then do so properly. In the US, they can have republican president and democrat house or senate. Or republican house and democrat senate. The maturity and adherence to principle are very different. I thought someone has always talked about 250 years and 50 years. Please don’t run if you are just learning to walk.
#11 by monsterball on Tuesday, 15 July 2008 - 10:23 pm
UMNO must have one seen and act fair…like Zaid Ibrahim.
First great noble duty……compensations to all six ex judges sacked by Mahathir.
The stage is set..for a fair UMNO law minister.
Now….on the actual action stage…if true reforms are sincerely executed…almost all ministers suspected of corruptions….or had trials …that were judged…not guilty before…cases be reopen …for a retrial….and proven guilty…and jailed.
The ever glaring blatant corrupted acts..by APs queen…Samy..Ling Liong Sik..and most of all……Mahathir…bailing out his son….with Petronas funds…will be so clear and impartially proven guilty….leading to a strings of UMNO welknown guys….one by one going to jail..thus UMNO…will fall like domino bricks.
No need to voters to vote them out.
They will fall naturally….that is if true judicial reforms really take place.
#12 by limkamput on Tuesday, 15 July 2008 - 10:45 pm
We can’t even get a fair judge from a person who is nonpartisan and yet someone is saying we can expect a fair judge who is from a racist political party. High hope lah.
#13 by undergrad2 on Tuesday, 15 July 2008 - 11:13 pm
No one should be surprised that the point a nincompoop would find it difficult to grasp is the primary issue of party loyalty – and none of the adherence to principles, maturity and the long history of the U.S. and all that BS. I wasn’t talking about the United States or its history but about the importance of having an independent Judiciary. The mention of a country like the U.S. is coincidental and I could have mentioned any other country.
The question we should address our minds to is:
To what extent should we expect a single nominee’s (the country’s Federal Court consists of a panel of justices) unbroken record of loyalty to a political party to affect the independence of the country’s Judiciary?
Nincompoops need not bother to reply. We understand your difficulty.
#14 by undergrad2 on Tuesday, 15 July 2008 - 11:15 pm
Do what nincompoops do best i.e. engaging in useless emotional rhetoric.
#15 by undergrad2 on Tuesday, 15 July 2008 - 11:18 pm
Getting stuck in traffic to him is a constitutional issue. Gimme a break!
#16 by limkamput on Tuesday, 15 July 2008 - 11:19 pm
KOTA BARU, July 15 — PAS, which is prepared to hold discussions with Umno in the interest of the Malays and Islam, has set conditions to avoid being caught in what it regards as Umno’s political trap, for the second time. as reported in the Malaysian Insider.
Hello, what is your point? You set conditions before talking about Malays and Islam? What is this? What will happen to PR? Hello, you don’t even talk, not just setting conditions before talk. See, PAS will never change and that is why BN will continue to rule no matter what. Real baloney.
#17 by m.hwang on Tuesday, 15 July 2008 - 11:29 pm
I think Zaid is sincere but realises that there are more powerful forces in UMNO who resist change. Is Zaid willing to risk all personally in the short term to save his government in the long term? I think not. He has tasted extreme bitterness before, now it’s time to enjoy the sweetness.
#18 by limkamput on Tuesday, 15 July 2008 - 11:30 pm
I think a know-all here is not just engaging in useless rhetoric, he is also a master in talking senseless cock.
#19 by harrisonbinhansome on Tuesday, 15 July 2008 - 11:49 pm
“I pointed out that as it does not appear that the much-hyped judicial reform, including the establishment of a Judicial Appoinments Commission, will be presented to Parliament before October although Zaid had earlier promised that the legislative proposals would be presented in the current meeting of Parliament, the appointment of the next Chief Justice will be by the present process.
When Zaid agreed, I remarked that the country seems set to have the first UMNO Chief Justice in the nation’s history.” -Kit
___________________________________________________________
I like this part. Somebody might just say “Gotcha!”
#20 by undergrad2 on Wednesday, 16 July 2008 - 12:16 am
“What did the Constitution say about freedom of movement?” asked a nincompoop, referring to the traffic jam.
So every time the traffic lights break down and this nincompoop gets stuck in a traffic jam, the government is interfering with his freedom of movement according to Article 9 Federal Constitution 1957!
Who can say that you’re not living up to your chosen handle?
#21 by ReformMalaysia on Wednesday, 16 July 2008 - 12:47 am
(Next CJ – not affected by “Judicial reforms”)
Reform would not take effect so fast – it is comparable to effort to cure Cancer…….much more difficult if the ‘cancerous cells’ are not removed….
#22 by limkamput on Wednesday, 16 July 2008 - 12:48 am
If by now you still don’t know that the government is deliberately causing massive jam if KL, then you must be a real mega nincompoop. But then who care, this mega nincompoop is living comfortably in NY giving his two cents worth comments here without feeling and commitment. He never get struck, he will never know. He is just here talking senseless cock like chasing skirts and pants. What else is new.
#23 by undergrad2 on Wednesday, 16 July 2008 - 1:48 am
This thread is about the country’s next CJ – someone I had worked under briefly. He did not cause the traffic jam!
#24 by pwcheng on Wednesday, 16 July 2008 - 3:40 am
I remembered that when Badawi announced his plans to reform the judiciary and the ACA, there was a lot of hype and hope from people of all walks of life, from the president of the bar council Datuk Ambiga Sreenevasan to even some members and leaders of the opposition. But me somehow is not caught by the hype and do not believe them as I know UMNO is an old leopard that will never change its skin. The knee jerk reaction is to jump into the mud pool or cesspool, wallowed in it, and presto the skin looks different. It can fool some people sometime but cannot fool all the people all the time.
We have been with them or tolerating them for more than 50 years and by right we should be able to read them like a book. I hope those reading this will go to my blog (www.http://towardsgoodgovernance.blogspot.com/) posted on 09/05/08 to understand how I come to the conclusion on their style of governance.
#25 by Jeffrey on Wednesday, 16 July 2008 - 6:49 am
If, as what Datuk Zaid Ibrahim said, the appointment of the next Chief Justice would not be affected by any judicial reform currently in the pipeline, then such appointment would negate and undo whatever good that is supposed to emanate from the proposed judicial reform currently in the pipeline – the sincerity of the reform proposals wil be doubted. If the object of such judicial reform is to restore the public’s faith in the institution of the judiciary to be free from executive interference, that object will not be achieved as people will more likely dismiss the reform as just a whitewash by reason of such appointment.
#26 by undergrad2 on Wednesday, 16 July 2008 - 7:28 am
Which part of the following requires reforms:
The Chief Justice is the head of the Malaysian Judiciary. His appointment, like those of the President of Court of Appeal, the two Chief Judges, judges of the Federal Court, the Court of Appeal and the High Court, are made by His Majesty The Yang di-Pertuan Agong on the advice of the Prime Minister after consulting the Conference of Rulers.
As to the appointment of a judge to the Federal Court, the Court of Appeal and the High Courts, the Federal Constitution provides that the Prime Minister before tendering his advice shall consult the Chief Justice, the President of the Court of Appeal and the two Chief Judges. On the advice of the Chief Justice, His Majesty The Yang di-Pertuan Agong may also appoint a person who has held high judicial office in Malaysia to be an additional judge of the Federal Court. The Chief Justice may also, if the interests of justice so require, nominate a Court of Appeal Judge to sit as a Judge of the Federal Court. All judges of the Superior Courts retire at the age of 65.
#27 by Jeffrey on Wednesday, 16 July 2008 - 8:08 am
The whole idea of creating a Judicial Apointment Commission forming the core of judicial reform currently in the pipeline is to establish an independent authority to make decisions on judicial careers in order to maintain judicial independence and impartiality and public perception thereof.
This has nothing to do with Tan Sri Zaki Tun Azmi’s actual partiality or impartiality or competence or otherwise as CJ; it has nothing to do with his personal life or marital affairs life, which some take issue as well.
It has everything to do with public perception of his “independence” which he will not get the benefit of presumption because of his past ties to the ruling party as legal advisor and deputy chairman of the 19-member Umno disciplinary board (which he has since resigned) and present senior partner of legal firm benefitting from government jobs.
It is not only the Judiciary that is beleaguered by crisis of confidence since 1988 given greater poignancy by the Lingam Video Clip enquiry and disclosure : it is also the government in general, which is beset by crisis of confidence that the results of 8th March political tsunamy bear testimony. To restore confidence in judiciary – and government – the first has to be de-linked from the second institution or else both will continue wallow in a crisis of confidence perpetuated. It is as simple as that.
The logic is if the top CJ were sympathethic to the Executive’s Cause then the fact that some of the other judges below him might be independently appointed via the Judicial Apointments Commission (“JAC”) – even if JAC were an independent authority, which itself is a quantum leap of faith – it would not serve the ends for which the JAC is instituted because the CJ has wide powers within the judicial domain to fix which panel of judges to preside over politically sensitive cases. Besides being vested the power of promotion, CJ office is in vantage position to manipulate ambitions to compromise whatever independence judges appointed by JAC may initially have.
The JAC may improve the situation by a “notch” but not substantially or fundamentally.
Zaid knows this but no matter how sincere, his “elders” within ruling clique of course would not have otherwise and would prevail.
It is timely to recall what Montesquieu said 300 years ago : “There is no freedom if the power to judge is not separate from the legislative and executive powers. All would be lost if the same man, or the same body of rulers, nobles, or people exercised all three powers: that of making the laws, that of executing public resolutions and that of judging the crimes and disputes of individuals” -“The Spirit of the Law” (Book XI).
Bottom line is that a really independent judiciary is not perceived by the political elites here and many places elsewhere as consistent with the wider interest of the social and political establishment that they are often in incestuous relationship with, and for the majority of humanity, what Montesquieu said remains but an aspiration.
#28 by taiking on Wednesday, 16 July 2008 - 8:53 am
I cant see how the Bar can sit still.
I cant see how the public can remain silent.
I cant possibly imagine UMNO not knowing about possible consequences.
I cant imagine UMNO not using ISA if the consequences are not favourable to them.
So I can see it as a certainty that the UMNO man will be our next CJ.
#29 by yog7948 on Wednesday, 16 July 2008 - 9:04 am
UMNO badly need their people in Judiciary top post.. since all of them going to face the music after 16 September.
#30 by Bigjoe on Wednesday, 16 July 2008 - 9:14 am
By having UMNO CJ, it guarantees basically most past misdeed could be buried. This is what Badawi really want. Why not go with an amnesty program? Because Badawi still want the tool of prosecution to keep the cronies in line or he will be in big trouble.
What is the problem? Its sheer idiocy to think it would work. It basically condemns the entire judicial reform process. In other words, all it does it make judicial corruption different more sophisticated, it will never be truly towards a world class system.
#31 by Godfather on Wednesday, 16 July 2008 - 9:15 am
To add to what Jeffrey QC has said above, the legal firm that bears the name of the de facto law minister also benefits greatly from government contracts. Yes, this is not directly related to the issue raised in this thread, but it is a typical UMNO incestuous relationship where there is no line between what is proper and what is improper.
#32 by ContractorclassA on Wednesday, 16 July 2008 - 9:24 am
this nation, this government, everything of this country is one BIG wayang kulit or tayangan gambar and we people are the audience. it’s a horror story coupled with comedies, suspense, disappointing thrillers – all in one.
#33 by ContractorclassA on Wednesday, 16 July 2008 - 9:25 am
Godfather – eh eh, I thought he said he has sold out his shares??? Ohhhh,, sorry, it’s part of the story,,,,,sigh
#34 by Jeffrey on Wednesday, 16 July 2008 - 9:33 am
According to Datuk Zaid Ibrahim, Judiciary Appointments Commission (JAC) make recommendations of judges appointment/promotion to the PM but it is PM who will have the final say. Zaid said that “he is the chief executive of the country. In many countries which have such judicial appointments commissions, the Prime Minister remains the person with the last say. Even in the United States, although Congress has to approve his choice, it’s still the President’s choice”.
“If the PM rejects a judge recommended by JAC he will have to give his reasons and he also cannot reject the same person twice. JAC would propose more than one name should the PM reject their 1st recommendation. The PM also may serve as a member of the JAC. Other members in JAC would reflect wider society.
Though PM still has the prerogative to decide on judges, the apointment process is implemented in a more transparent and open manner,” Zaid said.
Source : news reports today of what he told the Dewan Rakyat.
#35 by Godfather on Wednesday, 16 July 2008 - 9:34 am
He sold out his shares, but would he waive his “royalties” since the firm still bears his name ? Would he not take a cut of the revenues ? Just ask him.
#36 by Godfather on Wednesday, 16 July 2008 - 9:37 am
Zaid is obviously thinking that we have a bunch of idiots in parliamentary opposition. Congress having the final say based on the President’s choice is hardly the same as the PM having the final say based on the JAC’s recommendations.
This is the typical UMNO spin. Thieves will be thieves.
#37 by badak on Wednesday, 16 July 2008 - 9:39 am
Here in Malaysia every thing is about politics.All GLC,s top men are from BN.All head of goverment dept must openly support BN.All information dept staffs are card carrying members of BN.The police even have a special unit to gather information on all those who support the opposition.
Even in schools children are asked on the political leaning of their parents.
In Negeri Sembilan the RAKYAT are being punish just because BN almost lost the state to PR.BN will do any thing and every thing to hold on to power.
#38 by Godfather on Wednesday, 16 July 2008 - 9:41 am
The only way we are ever going to be satisfied is the forced retirement of all senior judges, and that includes Zaki. Get rid of all the Federal court judges. If necessary, bring back those who have retired for a limited period of time (say, 2 years) e.g. James Foong or Steve Shim. During this period of time, use the commission to implement the promotion of judges to replace these people on the temporary tenure.
The message to Badawi is simple: Do it now, or we do for you at the next GE.
#39 by StevePCH on Wednesday, 16 July 2008 - 10:02 am
what reform ? i see no reform . only perform ( silly performance ) from Zaid. With initial hype gone, you get the true picture now. BN will never change. If Anwar is detained today, for sodomy . wow BN is just hopeless. Look at that sodomised superstar, he seems to be so happy.
#40 by undergrad2 on Wednesday, 16 July 2008 - 10:19 am
Zaki’s position today is not too dissimilar with that of Harriet Miers who has had to withdraw from the nomination to the U.S. Supreme Court not too long ago. She has no judicial experience and her strongest qualification was that she’s a friend of the President.
Very little is known about Zaki more than the fact that he has faithfully defended BN/UMNO in all the challenges it faced under the Election Offences Act 1954 and won, and have others declared null and void – a loyal foot soldier to his party UMNO, a guard dog at other times.
What type of justices do we want sitting on the bench of the Federal Court?
Do we want them to interpret the Constitution and the laws fairly and to protect the constitutional rights of all Malaysians (not just some Malaysians) bearing in mind the limited role that courts play in our system? Or do we want to see those who would choose to make law rather interpret law and are prepared to move the court in a direction different than it has gone before? What of their judicial philosophy?
#41 by undergrad2 on Wednesday, 16 July 2008 - 10:42 am
Like Harriet Miers, Zaki has never been a judge before his recent appointment, and no paper trail. He was a lawyer with a law firm. Should Zaki get the nomination, it is important that he should not be allowed to legislate from the bench.
#42 by undergrad2 on Wednesday, 16 July 2008 - 11:15 am
Where’s Kathy? Let’s hear your expert opinion on the matter.
#43 by Godfather on Wednesday, 16 July 2008 - 11:22 am
Undergrad2:
Who’s gonna make sure that Zaki doesn’t legislate from the bench ? The Sleepy Head ?
#44 by Godfather on Wednesday, 16 July 2008 - 11:24 am
The judicial philosophy in Bolehland is this: “Everything has a price.” Look at Salleh Abas and the other 5 judges sacked by Mahathir and being given compensation cheques by Zaid.
That’s why we fail.
#45 by shortie kiasu on Wednesday, 16 July 2008 - 11:29 am
It is just very sad and disheartening to see the country being ruled by the people who are famous for their feet dragging, empty promises, and cakap cakap sahaja.
By the time they stopped talking it will be the next general election again, and the next and so on.
With RM62 billion income from just Petronas pumping oil from the ground underneath the sea alone, we are hell of a rich country. Not to mention our timber resources years ago, the wanton squandering, mismanagement, abuses, leakages, corruptions, white-elephant typed mega projects…endless cronism, nepotism had plundered our coffer and resources.
Now these people are talking about the worry of the depleting oil & gas resources, trying to sidestep the main issued hounding the country, stunting the economic growth, precipitating the unemployment of the young and old alike.
We are miles ahead of some of the ASEAN members years ago, but we stagnated due to the reasons known to all even with abundance of natural resources like tin, minerals, oil & gas, timbers etc… rich and fertile soil… we are now lagging behind members with zero natural resources, some of the member who is ways ahead is just actually a ‘red dot’ so these people claimed.
Judiciary in the country is becoming a tool to the political masters years ago under the rotting regime of the past & present.
We have had too many a disappointment, one more does not hurt now. We have development immune system.
#46 by Godfather on Wednesday, 16 July 2008 - 11:43 am
Just ask Taib Mahmud why he is “promoting” several hydroelectric projects in Sarawak, even as Bakun remains as a big hole in the virgin jungle.
Once he gets the green light, he will log those catchment areas. Once the catchment areas are deforested, he will claim that the projects are not viable, so he will just walk away with the logging revenues in his pocket.
Who’s gonna stop him ? The NGOs ? Pakatan ? You can’t win in a court of law in Bolehland, so what else can you do ?
#47 by k1980 on Wednesday, 16 July 2008 - 11:49 am
In Feb 2006, after an earlier price hike, there was 4.8 per cent inflation. Now, after the price hike, inflation has soared to nearly 8 per cent in a month.
http://anilnetto.com/accountability/live-anwar-vs-ahmad-shabery-oil-price-hike-debate/
#48 by milduser on Wednesday, 16 July 2008 - 1:22 pm
They are making a mockery of the royal commission setup to investigate the Limgate affairs. It is now official the RC are of no value. Look at the people implicated in the RC. They are not afraid, nothing will happen in their life time- thats seems to be the consensus. TDM might be gone naturally before he is given his chance to see his time in court. So are the rest of them, sumbags, filth of the earth. What a shame in this Boleh Land!
#49 by sheriff singh on Wednesday, 16 July 2008 - 1:31 pm
And so they have arrested Anwar for sodomy. Before he makes his statement?
#50 by Godfather on Wednesday, 16 July 2008 - 1:47 pm
Yup, they need to shut Anwar up before he makes more monkeys out of the UMNO leadership.
#51 by Godfather on Wednesday, 16 July 2008 - 1:50 pm
That’s why they need an UMNO-compliant Chief Justice. They will accelerate the trial, come up with fabricated evidence, have designated prosecuting officers and investigating officers, a designated judge – and Anwar will go back to Sg Buloh.
#52 by Godfather on Wednesday, 16 July 2008 - 1:52 pm
The rest of us can just demonstrate…hold rallies…until the next elections. Even then, they will have a new Elections Commission chief which will be more compliant than ever before….new postal votes….new phantom votes…..the vicious cycle continues….
#53 by taiking on Wednesday, 16 July 2008 - 2:10 pm
Medically, we got ourselves immunised from all sorts of diseases. We plant some (less potent) little bugs into our body. The idea is to trigger our defence system into producing the right kind of antibodies to fight the bugs – so that our system, having been already conditioned, would be able to respond again in a similar fashion to fight the real bugs later on should need arise.
Similarly, if we do not want to face the perils of legal suits, we could also immunise ourselves. We can introduce a super-bug into the judiciary system. The super-bug would kick off a chain reaction by securing a proper behaviour of junior judges. That way, if an undesirable suit is filed against us, the system would be able to respond accordingly and properly and predictably.
This analogy is artificial in one critical aspect. The medical immunisation process and effects take place within one and the same body. The judiciary immunication process takes place outside the body in which the effects are to be felt.
The two are similar only in terms of their final effect, i.e. immunisation of the body.
Its no wonder that UMNO is so powerful.
#54 by trublumsian on Wednesday, 16 July 2008 - 2:19 pm
the u.s. subscribes to a process of checks and balances. the last 200+ years have proven it works. if two sides of the triumvirate gang up, the 3rd will not let that happen. granted, you always get a judicial branch with a republican or democratic leaning, but the justices rule with integrity. loyalty is to ideology, NOT to sugar “umno” daddy.
#55 by citizenwatch on Wednesday, 16 July 2008 - 2:22 pm
NEWS FLASH : ANWAR IBRAHIM ARRESTED
Talking about judicial reform and justice, the arrest of DSAI will put the judiciary and BN through another test, when allegation against DSAI goes to trial. The world will be watching an encore of 1998.
There are already requests in blogs for the King to step in to end the explosive political situation.
#56 by yog7948 on Wednesday, 16 July 2008 - 2:33 pm
Hope DSAI won’t have another Black eye, UMNO is fuming with his trashing of Shabery “Chick” yesterday.. UTK brought DSAI to IPK KL even before the scheduled time.
BeEnd looking very disparate.. they really hope the rakyat will take the street so that can use their draconian law on Pakatan leaders..
I think.. the rakyat should just do that.. take the street and go back home.. stop all work.. See what BeEnd will do if people never turn up for work! If the corrupted Government use ISA against us then we the rakyat can always use HARTAL against them.
Rather then going for street protest and get free chemical shower, better just sit at home for a while..
#57 by Jeffrey on Wednesday, 16 July 2008 - 2:41 pm
///And so they have arrested Anwar for sodomy. Before he makes his statement?/// – sheriff singh
For the Life of me, I can’t understand why police need to arrest Anwar just Kuala Lumpur, at 12.55pm outside his home today when he was scheduled to meet the police (only 1 hour difference) by 2pm to be questioned over the complaint of sodomy against him by a former aide.
The stance of the police according to reports is that:
(i) they are politically neutral;
(ii) they have asked Anwar to call in to make a statement because having had Saiful’s complaint it was only fair that Anwar be given a chance to be heard by his statement before police makes decision whether there is prima facie evidence to arrest and charge him.
Here before Anwar had been afforded the opportunity to be questioned and to make his statement, he has been arrested. How does it tally with (i) and (ii) above?
There are three things people in power don’t seem to grasp learning from history:
1. Even if investigators have what they consider prima facie evidence of an offence, if professional competence is not up the mark, meritocarcy not being exactly valued in our cultural and bureaucartic milieu, both the investigation and the prosecution will be bungled up somewhere along the line;
2. Especially when it is not just the truth and fairness that matter all but also more important than even that, in a case of political implications, the perception thereof in eyes of Malaysians and the World – and the first arrest even before statement given does not really help in restoring confidence in the fairness of the current criminal justice system;
3. One of the reasons Malay ground shifted against TDM in the past was the inherent cruelty in a Malay dominant administration to prosecute (read persecute) another Malay leader by such a charge of sodomy, as if to destroy the man in totality. They don’t realise that any effort to disgrace a Malay leader in such a cruel way will vicariously cause others of same community to feel humiliated as well, which is unacceptable in Malay culture.
It is not as if it is ordinary for sodomy charges and arrests to be made every other day in a society where 1 in 5 or 6 may actually are gays and have engaged in gay activities. People will ask (even if true) why pick on him especially when he was acquitted in 2004?
According to malaysiakini, it is learnt that Anwar is to be charged under Section 377C of the Penal Code. This is worse. 377A is just unnatural sex defined to be “Any person who has sexual connection with another person by the introduction (penetration) of the penis into the anus or mouth of the other person. 377 C concerns Anal or oral rape where in addition to the unnatural act, it was done another person “without the consent, or against the will”.
Now it is hard enough to (A) prove sodomy per se – can you prove (B) “without the consent, or against the will”?
If you can’t prove (B), the whole charge under 377C should fail. And it takes a lot to convince me that they can ever prove (B), all things considered.
As I said earlier, KLites should brace for traffic gridlocks and demonstrations in the capital.
#58 by alwaysfair on Wednesday, 16 July 2008 - 3:14 pm
Of course the guilty must have self-appointed judges so they can have impunity.
Those who are innocent need not fear independant judges.
There must be some criminals within…
#59 by alwaysfair on Wednesday, 16 July 2008 - 3:17 pm
Mr. Uncle Lim,
What are the steps that need to be taken to abolish a law in Malaysia? As a lawyer you should look into abolishing the anti-sodomy laws and free Anwar.
We are all behind you.
#60 by alwaysfair on Wednesday, 16 July 2008 - 3:17 pm
Heard Anwar arrested,
#61 by yog7948 on Wednesday, 16 July 2008 - 3:36 pm
The Mafia in Blue brought DSAI in not for some interrogation or to take statement.. ARREST as if DSAI has been found guilty of all charges (That’s what BeEnd Want). Sore losers.. lost the debate yesterday, playing foul today.
BeEnd sure have WIN..
Win more hatred from the Rakyat.
Win more condemn From the Rakyat.
And Win even more denounce.
#62 by yog7948 on Wednesday, 16 July 2008 - 4:05 pm
RPK next.. told to report 10 am but surely be arrested by 9.30. The dogs are running errand for their political masters. If they can’t stop the bail then ISA will be used for sure.
All they want now is Rakyat to run Amuk again, these BeEnd politicians will sacrifice anyone for their political survival. Once the people hit the streets, these BeEnd Scumbags will release their pathetic DOGs in blue to terrorist the people.
Where is our DYMM King? Can’t he see the suffering his subjects has to endure.. Don’t they have mercy or is this their grand plan to see the people perish.
#63 by grace on Wednesday, 16 July 2008 - 4:14 pm
When did Badawi honour his words?
None of his fanciful slogans ever materialise. There is nothing of his ideas worthy of praise.
Honestly our nation is lost for directions.
Economically loosing out to neighbours.
Education slacking behind.
Sports, maybe badminton got standard a bit. Football????
Just look at the first F1 in Singapore. they are so well prepared that any visitors there at that time would be entertained to so many events lined up for the occassion.
So the appointment of judges, it would be back to square one!!!
#64 by Richardqed on Wednesday, 16 July 2008 - 4:24 pm
No matter what happens to Anwar, Wan Azizah will be there to lead the PR, and continue the struggle for freedom. They thought up accusing Anwar of sodomy, but they will have to think up some better excuses to get rid of Wan Azizah. The people must be united in supporting Wan Azizah.
#65 by oknyua on Wednesday, 16 July 2008 - 5:03 pm
Could be the start of the dark age of Malaysian Politics. We thought Mahathir Mohammad was cruel. Abdullah Ahmad Badawi is equally as cruel.
Malaysian democracy died with Tun Hussein Onn.
#66 by gundam on Wednesday, 16 July 2008 - 5:21 pm
MT is down again.
what other evil deeds can umno do?
#67 by ahoo on Wednesday, 16 July 2008 - 5:25 pm
Democracy dies today and DemonCrazy takes over ! YB Kit, when the going gets tough, only the tough gets going. Be in control and not let rage overtaken us. Don’t let those out to turn this beloved nation into chaos and with fear amongst the people, they continue to plunder its coffer till kingdom come.
Let me reiterate herein that the current leaders mindset : On the left brain, there is nothing right and on the right, there is nothing left. So that is why this nation need leaders with brain and we just love this nation too much to see it being destroy by those perverts who are in power. Let all the right minded malaysians appeal to our beloved King and the Sultans to take appropriate stand ensuring that justice is serve. We cannot be idle and let those with crazy objective take this nation to the dogs !!!
#68 by chaiong on Wednesday, 16 July 2008 - 5:35 pm
To access to MT, go to http:// God Bless DSAI!
#69 by chaiong on Wednesday, 16 July 2008 - 5:36 pm
Sorry! Go to http//:202.75.62.194/ God Bless DSAI !
#70 by kosmoalpha on Wednesday, 16 July 2008 - 5:53 pm
anwar arrest,would it be another dejavu??/the rakyat should stand out n stop all these ‘demon crazy’ hiding the supposed ‘democracy’!
#71 by ReformMalaysia on Wednesday, 16 July 2008 - 6:56 pm
Is Democracy still alive in Malaysia?
If yes, dissolve the parliament, release Anwar
and let the Democracy process take place!
Abdullah Badawi should resign!
Najib Abdul Razak should resign!
#72 by undergrad2 on Wednesday, 16 July 2008 - 7:13 pm
It looks like we’ve been denied the benefit of expert opinion from ‘Kathy’. Could ‘she’ be busy walking the streets of Kg. Attap to make ends meet – now that the price of oil have gone up? I guess so.
#73 by undergrad2 on Wednesday, 16 July 2008 - 7:36 pm
Godfather Says:
Today at 11: 22.43 (7 hours ago)
Undergrad2:
“Who’s gonna make sure that Zaki doesn’t legislate from the bench ? The Sleepy Head ?”
Ideally speaking, the judicial nominee should be made to appear before a panel and be examined as to his or her judicial philosophy in a process that is transparent.
Members of the panel will have to make up their minds as to the kind of justices they want sitting on the bench of the country’s highest court. Do we want them only to interpret the law, are strict constructionists or do we want justices who are liberals who would make law taking us into a quite new direction when the same is needed? Do we want justices who would be fair and faithful to all Malaysians and not just some Malaysians?
The announcement that any judicial reforms presently in the pipeline would not affect the appointment of the country’s next Chief Justice can lead only to one conclusion. Their minds are made up and they are not serious.
#74 by undergrad2 on Wednesday, 16 July 2008 - 7:44 pm
There should be more than one judicial nominee and although in the final analysis, it is the PM’s call, the selection should be by way of a process that is transparent and by a panel.
Members of the panel should examine all aspects of his or her private life. After all, the office is that of the Chief Justice i.e. the highest judicial office in the country; and we deserve to know what sort of lives they lead.
#75 by Loyal Malaysian on Wednesday, 16 July 2008 - 7:56 pm
An UMNO CJ?
Actually, in all likelihood all th CJ/LP since the sacking of Tun Salleh Abbas had been subservient to their UMNO master.
So, the government is just legalising a de facto situation.
But, perhaps the Agong will step in to ensure there’s still hope for our judiciary.
#76 by badak on Wednesday, 16 July 2008 - 10:05 pm
I got a strange feeling more PR LEADERS are going to be arrested.The arrest of Anwar is just a start.No way can the UMNO CJ BE IMPARTIAL TOWARDS THE OPPOSITION.
Now is the time that the AGONG must step in before things get out of hand.