Archive for category Anwar Ibrahim

The Court of Appeal’s “outline of reasons” in Anwar Ibrahim v P P – a critique

By NH Chan

I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 1. I received the “outline of reasons” from Ngan Siong Hing only last Friday, 17 July 2009. Without him supplying me with a copy of the judgment of the Court of Appeal I would not be able to write this critique. Also as I do not have access to a law library I depend a lot on his generosity to get the legal material that I need to write my essays for ordinary people to understand what the judges are talking about. This is to enable the common people of this country to judge the judges for themselves.

The whole case can be understood just by readings 418A(l) and (2) and s376(l) and (2) of the Criminal Procedure Code.

Power corrupts

David Pannick in his book Judges, OUP, 1987, wrote, p 76:

In all societies throughout history, judges have occasionally been adversely affected by their power. An early example occurs in the biblical story of Daniel and Susanna. Two elders of the community were appointed to serve as judges. They saw Susanna walking in her husband’s garden ‘and they were obsessed with lust for her’. When she resisted their advances they falsely accused her of infidelity to her husband. ‘As they were elders of the people and judges, the assembly believed them and condemned her to death.’ A young man named Daniel protested that an enquiry should be made into the judges’ allegations. He accused them of giving ‘unjust decisions, condemning the innocent and acquitting the guilty’. Under his careful cross-examination, the judges were proved to be liars: Daniel and Susanna in The Apocrypha.

The English Bench has had its fair share of bad judges. . . .In the seventeenth century, the Bench ‘was cursed by a succession of ruffians in ermine [most notably Jeffreys and Scroggs (Sir William)], who, for the sake of court [royal] favour, violated the principles of law, the precepts of religion, and the dictates of humanity’: John Lord Campbell, Lives of the Lord Chancellors (5th edn, 1868), vol 4, p 416.

The misuse of power from whatever quarter it may come

In The Family Story, Butterworths, 1981, Lord Denning said, p 179:
Read the rest of this entry »

6 Comments

May There Be Many More Such Encounters!

by M. Bakri Musa

I congratulate Ustaz Sheikh Mahmud for bringing Prime Minister Abdullah Badawi and Opposition Leader Anwar Ibrahim together recently for a luncheon honoring Prophet Muhammad’s birthday. I also applaud Anwar and Abdullah for their very public display of civility towards each other on that occasion.

Along the same vein, I am pleased to see on the last day of the UMNO General Assembly Tun Mahathir and Abdullah Badawi shaking hands. Despite the many harsh exchanges between them recently, at least they could still manage a brief show of courtesy. Supporters and commentators may read many things on that, but the fact they could bury their personal differences even if only momentarily is praiseworthy enough.

Such public gestures of cordiality and mutual respect are sadly lacking in our society today. As with everything else, we could only change that if we have some very visible examples set by our leaders. We can do without such obscene displays as when a supposedly “Honorable Member” calling the Deputy Prime Minister a murderer in the hallowed hall of Parliament, or the Minister of Education branding the leader of the Opposition “a traitor to Malays!” Splendid example for our school children!

I wish academics as well as heads of NGOs, think tanks, and professional bodies would emulate Sheikh Mahmud. They too should bring together our leaders to discuss issues that deeply affect us in settings other than the political arena. Read the rest of this entry »

14 Comments

Abdullah’s warning against return of Mahathirism – Will Najib scotch talk of imminent ISA arrest of Anwar?

In his farewell Umno Presidential speech today, Datuk Seri Abdullah Ahmad Badawi confirms his image as a basically decent and humble person who unfortunately could not translate his good instincts into government policy, measures and actions resulting in his being prematurely and ignominiously forced out by his own party and becoming the shortest-serving Prime Minister of the country.

Why is this so?

The fault cannot be borne by Abdullah alone, but must be on the shoulders of the rest of Umno and Barisan Nasional leaderships, for failing to give Abdullah the necessary support, and in many cases, for actively sabotaging him in the past five years to frustrate Abdullah from walking the talk of long overdue national reforms.

As a result, Abdullah could not even salvage and accomplish the minimalist legacy of reform he had hoped to leave behind before stepping down as Prime Minister – when the last of the trio of his final reform legislative programme, the Enforcement Agency Integrity Commission (EAIC) Bill, had to be again deferred although it was meant to be the “crown jewel” of Abdullah’s last parliamentary meeting lasting 22 days from Feb. 16 which ended yesterday.

Even the first two of the trio of his minimalist reform legislation – the Malaysian Anti-Corruption Agency (MACC) Act and the Judicial Appointments Commission (JAC) Act – have proved to be great disappointments and letdowns, but Abdullah seemed to have abandoned whatever is left of his reformist zeal in his last three months in office. Read the rest of this entry »

18 Comments

AG, IGP ‘cleared’ in black-eye case

by Rahmah Ghazali and S Pathmawathy
Mar 11, 09
Malaysiakini

Attorney-general Abdul Gani Patail and inspector-general of police Musa Hassan have both been cleared of any criminal involvement in Opposition Leader Anwar Ibrahim’s black-eye case, according to the Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz.

He was replying to Gobind Singh-Deo (DAP-Puchong) as to why no action has been taken by the authorities after Anwar had lodged reports with the police and the then Anti-Corruption Agency (ACA) last July.

Subsequently, the ACA – now called the Malaysian Anti-Corruption Commission – set up an independent panel to probe the case.

The panel members were Kadir Sulaiman, Wira Mohd Nor and Ahmad Nor Abdullah – all former judges from the Federal Court and Court of Appeal. Read the rest of this entry »

46 Comments

Game’s Up, Gani, Time To Go!

By Martin Jalleh

Lady Justice haunts and hounds Bolehland’s Attorney-General (AG) Abdul Gani Patail over his hidden hand in Anwar Ibrahim’s trials 10 years ago. The skeletons in his cupboard hang out. He can no longer hide behind the skirt of the Executive. The naked truth has caught up with him.

The latest expose on the AG having abused his power to fabricate evidence in Anwar’s trials was made by Lim Kit Siang in Parliament yesterday (Malaysiakini, 15.10.08). The veteran politician likened Gani to a “criminal” and demanded that he “resign immediately”.

Quoting unnamed sources, Kit Siang said that he understands that solicitor-general Idrus Harun had carried out an investigation into the claims (in a police report filed by Anwar) in July and “has concluded that the AG had indeed abused his power to fabricate evidence” against Anwar.

Several days before Kit Siang’s revelation, the public got to hear the startling claims by Mat Zain Ibrahim, a retired senior police officer who probed the infamous “black eye” incident involving Anwar in 1998, on Gani having allegedly tampered with evidence in the case (Malaysiakini, 10.10.08). Read the rest of this entry »

34 Comments

RCI to clear Najib of swirling allegations – why silence from DPM?

Firstly, let me praise the new de facto Law Minister, Datuk Seri Nazri Aziz for his prompt seven-hour response to my parliamentary speech on the 2009 budget yesterday on the outcome of investigations into Anwar Ibrahim’s police report against the Attorney-General Tan Sri Abdul Gani Patail for fabricating evidence over his “black eye” incident ten years ago.

Nazri’s prompt response should be an example to all Ministers with regard to serious allegations whether made in or outside Parliament if the government is serious about accountability, transparency, integrity and good governance.

I raised many issues in my 2009 budget speech in the past two days which have caused a tsunami of crisis of confidence affecting the Prime Minister, the Prime Minister-in-waiting, the Attorney-General, the Inspector-General, the judiciary on a whole spectrum of issues whether on anti-corruption, human rights or nation-building.

For instance, I had called for the immediate resignation of the Inspector-General of Police, Tan Sri Musa Hassan for failing in his most important task to reduce crime and make Malaysians, investors and tourists feel safe again in the country, and instead, he appeared to be more interested in being a lobbyist or canvasser for mega police projects like the mega police helicopter and the RM4.2 billion wireless digital “E-Police Force Solution”.

I have also given other reasons for my call on Musa Hassan to resign as IGP to allow the Deputy Inspector-General Police to take over in order to boost the service morale of the police rank-and-file. Read the rest of this entry »

53 Comments

Parliament debate history of budget instead of Budget for 2009

Datuk Seri Najib Razak failed his first test in Parliament as Finance Minister as he was nowhere around this morning to present a revised 2009 Budget for debate or to explain why a revised 2009 budget is not necessary.

When the Opposition Leader Anwar Ibrahim spoke this morning, the two blocks of Cabinet benches were totally empty – not a single Cabinet Minister was present.

Not only the second Finance Minister even the two deputy Finance Ministers were absent.

Where have they gone to? What could be more important than the start of the parliamentary debate on the 2009 Budget unless Parliament is totally unimportant in their eyes.

In fact, as I pointed out to the House, there was not a single official representative of the government who was present in the House to respond to the Pakatan Rakyat demand that the new Finance Minister should present a revised 2009 budget because the whole set of the 2009 Budget data tabled in Parliament on August 29 had been made obsolete in the past six weeks by the worst economic crisis confronting the world in 80 years.

In fact, the Barisan Nasional government has lost all sense of direction and is presenting a spectacle of a “headless administration” in Parliament – may be this was why there was the need for an “agricultural” study tour of BN MPs to Taiwan last month! Read the rest of this entry »

118 Comments

Selamat Hari Raya – Speak Truth To Power

Selamat Hari Raya Aidilfitri to all Muslims in Malaysia.

As all Malaysians, Muslim and non-Muslim, celebrate Hari Raya Aidilfitri, it is appropriate that thought should also be given to recent major developments in the country, including:

• Blogger Raja Petra Kamaruddin spending the Hari Raya Aidilfitri in Kamunting Detention Centre as an Internal Security Act detainee, not because RPK has committed any crime but because of his great act of patriotism to speak truth to power. Together with RPK in Kamunting Detention Centre are the Hindraf Five and some 60 other ISA detainees – all of whom should be released immediately and unconditionally.

• The last Hari Raya Aidilfitri for Datuk Seri Abdullah Ahmad Badawi as Prime Minister as a very clear message has been made in the “926” Umno Supreme Council emergency meeting that the “knives will be out” if he does not heed the ultimatum to announce before October 9 that he will relinquish the post of Prime Minister by March next year and that he would not seek re-election as Umno President. In case the message is not clear enough, four UMNO divisions have publicly stated their intention to nominate Datuk Seri Najib Razak and Tan Sri Muhyiddin Yassin as candidates for Umno President and Deputy President respectively. Will there be a stampede of Umno divisions declaring their intention to nominate Najib and Muhyideen for the two top Umno posts in the next seven days should Abdullah continue to be ambivalent whether to re-contest as Umno President or not?

• Whether the Prime Minister presiding over the Hari Raya Aidilfitri next year will be Najib or Datuk Seri Anwar Ibrahim heading a new Pakatan Rakyat federal government; and Read the rest of this entry »

49 Comments

Emergency Umno Supreme Council meeting – for the sake of Abdullah or Malaysia?

Today’s emergency UMNO Supreme Council meeting, second in a week, exposes Umno in a white-heat crisis to Malaysians.

There were all sorts of rumours last week, including the quite “unbelievable” one (which I mentioned in my blog) that Datuk Seri Abdullah Ahmad Badawi had been given up to Sept. 26 to step down as Prime Minister – although nobody was able to explain why Sept. 26 as the deadline for at least a clear-cut announcement of his retirement intention rather than the more believable Oct. 9.

But as they say, there is no smoke without fire! This explains the emergency Umno Supreme Council meeting today.

The full effects of the political tsunami of the March 8 general election, which dealt a fatal blow to Umno political hegemony, destroyed the hitherto unchallenged Barisan Nasional mould of race and money politics, and gave heart to Malaysians that there is hope after all for Malaysia to fulfill her great potential and promise of human, intellectual and natural resources, end and reverse the costly brain-drain, taking her rightful place in the global community – have still to be played out.

These are the pains, trials and tribulations of Malaysia becoming a more normal country after 51 years of nationhood so that Malaysia can truly join the ranks of the fully-developed nations. Read the rest of this entry »

69 Comments

Will 4 MCA Ministers resign en masse if Anwar arrested under ISA?

On Tuesday, the MCA Central Committee called for “a comprehensive review of the Internal Security Act (ISA) so that it will apply strictly to cases relating to terrorism and subversive elements”.

Are the four MCA Ministers prepared to take the lead in the Cabinet to make it very clear that any ISA arrest of Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim will result in their mass resignation?

This is because the detention of Anwar Ibrahim under the ISA seems to be on the cards after the uncharacteristically belligerent accusation by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi on Wednesday that Anwar is a threat to the national security and economy who wanted to “destroy the country and exploit the people’s trust and tarnish the country’s image abroad”, followed by equally truculent statements against Anwar by Deputy Prime Minister, Datuk Seri Najib Razak and the Home Minister, Datuk Seri Syed Hamid Albar in the past few days.

Are the MCA Ministers and leaders going to make it very clear to the Prime Minister and the Home Minister that the deepening multiple crisis of confidence in the past six months since the first political tsunami on March 8 will take drastic turn for the worse as nobody in his right senses would believe that Anwar should be detained under the ISA? Read the rest of this entry »

121 Comments

Abdullah should convene 929 Emergency Parliament unless his days as PM are numbered after Umno’s “918”

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should reconsider his rejection of the request by the Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim for an emergency session of Parliament to debate a “no confidence” motion latest by Tuesday, September 23.

He should table Anwar’s request at the Cabinet meeting on Wednesday to secure Cabinet approval to convene an emergency Parliament to end the six-month political impasse – resulting in the deepening and aggravation of the multiple crisis of confidence whether political, economic, nation-building, international competitiveness or good governance – by getting the country moving forward again with a clear-cut parliamentary vote as to who has the parliamentary majority to govern Malaysia.

Abdullah has said that Anwar’s ”916” plan to secure the support of the majority of the 222 MPs to move the country forward to address and overcome the manifold crisis and challenges confronting Malaysia is “a mirage” and “a lie”.

But the actions of the Barisan Nasional government belie these claims, whether it be the sodomy II charge against Anwar, the last-minute panicky “blur blur” agricultural study tour to Taiwan to sequester some 50 MPs from any possible defection, the spate of ISA arrests particularly against DAP MP for Seputeh Teresa Kok – all point to a government unsure of its parliamentary majority and even raising the question whether it is a government in its last throes?

If Abdullah is convinced and confident that he still has the support of the majority of the 222 MPs, why is he running away from the opportunity to prove Anwar wrong by convening the emergency Parliament session for a clear-cut vote to be taken on Anwar’s “no confidence” motion? Read the rest of this entry »

65 Comments

Abdullah should give public assurance that Anwar will not be detained under ISA

The uncharacteristically stern and harsh allegation by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi yesterday that the Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim is a threat to the national security and economy who wanted to “destroy the country and exploit the people’s trust and tarnish the country’s image abroad” had sparked speculation that the stage is being set for a Operation Lalang 2 crackdown and Anwar’s arrest under the Internal Security Act (ISA).

All right-thinking Malaysians must deplore in the strongest terms the veiled threat by Abdullah that Anwar would be arbitrarily and undemocratically silenced as the allegation that Anwar is a threat to national security and economy is a most ludicrous and preposterous one.

I have been twice detained under the ISA, once in 1969 and the second time in 1987, becoming the guest of His Majesty’s Government for a total of 35 months – and on both occasions, I was accused of being “a threat to national security”!

All the 16 DAP MPs and leaders detained in the 1987 Operation Lalang dragnet under the ISA were all accused of being threats to national security – but these are all baseless catch-all allegations just to justify the abuse of the ISA to silence critics and dissent.

We were threats to the political security of the Barisan Nasional leaders but it is the democratic and citizenship right of every Malaysian to challenge the political credibility, legitimacy and authority of the ruling government through the democratic process or we should not claim that Malaysia practises parliamentary democracy.

Such democratic challenges do not become threats to national security just because those in power are in fear of losing the perks of office and power.

Anwar Ibrahim can be accused of posing a grave threat to the political security of Abdullah and the other Umno and Barisan Nasional leaders with his “916 sky-change” plan, but he cannot under any stretch of imagination be accused of being a threat to national security and economy. Read the rest of this entry »

92 Comments

Abdullah should direct the 54 BN MPs to cut short their “blur blur” agriculture study tour of Taiwan

Malaysia’s image and international standing are trampled upon and “rubbished” by the 54 Barisan Nasional MPs currently on a “blur blur” agriculture study tour of Taiwan as they are been tracked by the Taiwan print and electronic media as if they are bizarre or exotic creatures from a strange land if not from another planet.

Instead of conducting themselves as proud elected representatives of a nation held in high esteem in international circles, the 54 BN MPs are caught in a hide-and-seek with journalists as if they are fugitives from justice or agents of rogue nations as they are unable to give a honest and honourable explanation of the real purpose and reason for their sudden trip to Taiwan.

A Guang Ming Daily columnist has rightly coined the phrase “mong cha-cha” or “blur blur” tour to describe BN MPs junket to Taiwan, for the BN MPs were in a “blur” when summoned by SMS to submit their passports for the “trip to nowhere” as the country destination was not known and undecided, “blur” when they boarded the flight and continue to be “blur” when they landed in Taiwan.

The 54 BN MPs know that they have become a laughing stock in Taiwan and a standing joke wherever they go in the island republic. As a result, they cannot hold their heads high when appearing in public in Taiwan.

Read the rest of this entry »

126 Comments

Of Pakatan, People, Principles, Patience and Prudence

by Martin Jalleh

With each passing day, Umno, which had very arrogantly declared that it would bury Anwar Ibrahim politically, continues to dig its own grave.

The results of the by-election in Permatang Pauh sounded the death knell to the supremacist party. It was the last nail that the party drove into its own coffin.

After the General Elections in March it became evident that Umno is not short of leaders like Ahmad Ismail who desperately seek to write Umno’s obituary.

Sharing this privilege is Dr M, whose self-deceiving sarcasm puts him in a state of denial especially over the fact that Umno started to decay and decompose during his days!

Umno’s colleagues in the BN whose parties are also disintegrating have made it clear that they can no longer swallow nor stomach Umno’s political vomit and venom.

The PM increasingly looks like a lame duck, kept afloat by a pool of lame-brained ministers like Najib, Nazri and Syed Hamid – experts at offering lame excuses.

It is against this dark despairing scenario that Anwar and the Pakatan Rakyat (PR) offer much-needed hope. There is great urgency to bring about real and radical change. Read the rest of this entry »

32 Comments

The 916 obsession – 54 BN MPs have Anwar to thank for the last-minute free junket to Taiwan

The last-minute free junket to Taiwan for 54 MPs is shaping up to be the greatest political farce in the nation’s 51-year history – all because of the “916 obsession” of the Umno/Barisan Nasional leadership.

UMNO/Barisan Nasional leaders have put up a bold public front dismissing the possibility of any change of government come Sept. 16, dismissing the “916” speculation as political gimmick and “day-dream”, although in their heart of hearts, it has become a “living nightmare” to the Umno/BN leadership.

This is because Umno/BN leadership are acutely and painfully aware that six months after the March 8 general election, more and more BN MPs are convinced that the Prime Minister and the Barisan Nasional leadership have completely lost their way as illustrated by the latest Ahmad Ismail furore and have neither the vision nor political will to relate and become relevant to the revolution of new hopes and expectations of post-political tsunami Malaysia.

As compared to six months ago, there are even fewer BN MPs who are prepared to defend the policies and programmes of the Prime Minister and the BN leadership, as they have lost all hope and confidence in the their ability to manage a major turnaround of political support of the people.

Read the rest of this entry »

116 Comments

Merdeka II – declare Malaysia Day September 16 as second National Day/public holiday

I salute the voters of Permatang Pauh for being the pioneers of the Bangsa Malaysia generation who decisively rejected the divisive, racist and chauvinistic by-election campaign of Umno to rise above race and religion to vote solidly on Tuesday, August 26 for Anwar Ibrahim as their MP once again, after an enforced absence of a decade.

Although former Prime Minister, Tun Dr. Mahathir Mohamad had set the target of 2020 for the emergence of a Bangsa Malaysia in Vision 2020, the people of Permatang Pauh whether Malays, Chinese or Indians were 12 years ahead of the timetable when they voted in unison as pioneers of the Bangsa Malaysia generation in the Permatang Pauh by-election.

This is why the Permatang Pauh by-election is of such historic, momentous and far-reaching consequence although it concerns only one parliamentary constituency.

The Permatang Pauh by-election was not only a resounding endorsement and victory for Anwar but also for the cause of Bangsa Malaysia. Read the rest of this entry »

83 Comments

Anwar’s Path To Putrajaya

by M. Bakri Musa

The path to Putrajaya for Anwar Ibrahim began on a very sure footing last Tuesday, August 26, 2008, at Permatang Pauh. His landslide electoral victory was a rousing endorsement of his person and of his leadership.

Anwar inspires Malaysians with his promise of new dawn; a new direction for nation that has been drifting in the slumber land of its leader, Abdullah Badawi. Anwar challenges us to think beyond our narrow interest towards a more inclusive anak Malaysia (children of Malaysia). He dares us to aspire for a Malaysia where justice is cherished and corruption banished. He promises us a government that is transparent and efficient, a government that emancipates instead of suppresses its citizens. Most of all, Anwar pledges to the supremacy of citizens, Ketuanan Rakyat.

Malaysians, yearning for a change, responded enthusiastically in Permatang Pauh. It was an evening for Anwar, and deservedly so. Read the rest of this entry »

41 Comments

101 East : The Anwar Comeback

From Jeffooi.com :

The Al-Jazeera channel will air The Anwar Comeback on the 101 East programme at 8.30pm (Malaysian time) tonight.

It will be repeated on

– August 29: 3.30am, 11.00am & 2.30pm
– August 30: 10.00pm
– August 31: 1.30pm
– September 1: 9.30am
– September 2: 6.30pm
– September 3: 3.30pm
– September 4: 2.00pm

Kit Siang et al will appear briefly as guests at the beginning, to be followed by anchor Teymour Nabili’s one-on-one with Anwar.

57 Comments

How petty can you be, Shabery?

All the newspapers reported on the front pages that Anwar Ibrahim would be sworn in as MP for Permatang Pauh today and that the swearing-in will be telecast live over RTM, which airs the first 30 minutes of the daily parliamentary sittings from 10 am.

It will be no exaggeration to say that since the introduction of the 30-minute parliamentary live telecast by RTM since April, there has never been such greater national interest in the RTM live telecast as this morning to witness the historic return of Anwar to Parliament after a decade-long enforced absence because of political persecution and victimisation.

I did not realise that there was no RTM live telecast of Anwar’s taking his oath as MP until I was asked about it by the press when I came out of the Chamber about an hour later and I received angry reactions by Malaysians who felt “cheated” of the live RTM telecast.

How petty can you be, Information Minister, Datuk Shabry Cheek that you should indulge in such puerile tactics as to veto RTM from proceeding with its live telecast of Anwar’s swearing-in?

Why are the Barisan Nasional Ministers and leaders so afraid of one man that there should be a ministerial directive to veto the live telecast of Anwar taking his oath of office – after the live RTM telecast had been announced and reported in all the newspapers today? Read the rest of this entry »

58 Comments

Anwar takes his seat as Opposition Leader

Anwar Ibrahim has been sworn in as Member of Parliament for Permatang Pauh when Parliament met this morning following his historic win in Tuesday’s by-election.

The Speaker, Tan Sri Pandikar Amin welcomed Anwar’s return to Parliament after an enforced absence of a decade and announced his appointment as Parliamentary Opposition Leader with immediate effect.

Like the SAPP MP for Sepanggar, Datuk Eric Majimbun (who asked the first question this morning) and the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, I took the occasion when putting up a supplementary question of Project Mahathir in Sabah to congratulate Anwar’s return to Parliament after being forced out of the highest legislative chamber of the land for a decade following a second political tsunami in the Permatang Pauh by-election.

I also remarked that Anwar’s return to Parliament is taking place at a time when the the Barisan Nasional ship of state is behaving like the Titanic before its unforgettable sinking into the bottom of the sea.

69 Comments