Archive for category Court
Lingam tape – letter to PM to suspend Ahmad Fairuz as Chief Justice and to establish judicial tribunal
Posted by Kit in Abdullah Ahmad Badawi, Constitution, Court on Thursday, 20 September 2007
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.”
Lingam tape – Anwar’s explosive video clip on Judiciary Compromised
Posted by Kit in Constitution, Court, Good Governance on Wednesday, 19 September 2007
Anwar Ibrahim has produced an explosive video clip on Judiciary Compromised which has set off reverberations in the Palace of Justice, the corridors of power, offices and homes in the country as well as internationally.
The time for reckoning for the restoration of a truly independent judiciary and a just rule of law cannot be put off any longer.
Malaysiakini has carried the transcript of the conversation between lawyer V.K. Lingam with Chief Justice Ahmad Fairuz sometime in 2002, as recorded in the videoclip, viz:
“The CJ said he is relative to now Agong, so he wants to stay on to 68, so, Tengku Adnan, I told Tengku Adnan, yesterday I had a meeting with him.
He said PM is already very angry with him, he said no problem he is going to make you acting err.. confirm your position as PCA, working very hard then working very hard to get Tan Sri Mokhtar as CJM.
Ah, we just keep it confidential. I am working very hard on it. Then there is a letter, according to Tengku, I am going to see him tomorrow, there is a letter sent to CJ, I mean Tan Sri Dzaiddin, that Datuk Heliliah, Datuk Ramli, Datuk Ramli and Datuk Ma’roop be made judges, and he rejected Dr Andrew Chui and apa itu Zainuddin Ismail lah. Because Zainuddin Ismail condemned your appointment and Tan Sri Mokhtar’s appointment.
And then you also, you seems to wrote a letter for the remaining five be confirmed as judges. As per our memo I discuss with Tun Eusoff Chin and we sent the same memo to PM.
I just want to get a copy letter that that has been done. Read the rest of this entry »
Robust legal framework, economic efficiency
Posted by Kit in Court, Parliament on Friday, 14 September 2007
If the budget is to succeed in bringing about a significant shift of our economy to the next gear, our economic policies and reform must also be accompanied by significant reforms in our judicial system to ensure that foreign investors will have the necessary confidence in not just justice meted out but also the speed and efficiency at which disputes can be resolved.
Our judiciary system today leaves much to be desired. There are thousands of cases in backlog, and often it takes more than five years before commercial disputes are even brought to court for trial at the High Courts. Such inefficiency certainly benefits and incentivises the culprits and penalising the victims.
What certainly wrecks the confidence in our legal system is when a 19-year old, Lee Kwong Yong was jailed for 6 months while awaiting justice for being unable to produce his identity card when caught by the police. The injustice would have been worse had it not been for a good Samaritan who chanced upon his case.
The DAP recommends that the Government do more to attract more experienced legal practitioners as well as industry specialists into the judicial profession to resolve the twin problems facing the Courts, a shortage of judges as well as a lack of professionals to manage the mounting backlog of cases. Read the rest of this entry »
CJM debacle – one up for Conference of Rulers and one down for Pak Lah
Posted by Kit in Constitution, Court on Thursday, 30 August 2007
The appointment of Datuk Alauddin Mohd Sheriff as the Chief Judge of Malaya is one up for the Conference of Rulers and one down for Datuk Seri Abdullah Ahmad Badawi — as the debacle is a major setback to the prestige and authority of the Prime Minister as a result of the seven-month constitutional impasse and crisis.
The objection of the Conference of Rulers to the earlier nominee for the Chief Judge of Malaya resulting in the seven-month constitutional deadlock has proved to be fully justified and the Prime Minister most imprudent and ill-advised to give blind support to the proposal submitted by the Chief Justice, Tun Ahmad Fairuz Abdul Halim.
The question crying out for answer is why the Prime Minister placed himself in such an embarrassing and indefensible position and for such a protracted length of time.
Isn’t there a proper mechanism to vet candidates whether for judicial appointments or promotions?
The Chief Justice must bear great responsibility for the constitutional debacle but from the constitutional standpoint, the Prime Minister cannot shirk final responsibility as the buck must stop at his desk.
Fairuz now says that he is waiting for an explanation from a Federal Court judge on his failure to write the grounds of judgments in more than 35 civil and criminal cases. Read the rest of this entry »
FC judge with 35 outstanding judgments from High Ct – why PM only aware after more than a month it was reported publicly?
Posted by Kit in Court, Good Governance on Wednesday, 29 August 2007
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi said yesterday that the Chief Justice must answer the allegation that a Federal Court judge had failed to write grounds of judgment in 35 cases since his High Court tenure, covering both civil and criminal cases.
DAP National chairman and MP for Bukit Gelugor, Karpal Singh, has named Federal Court judge Datuk Hashim Yusuf in Parliament on Monday as the judge concerned.
The Prime Minister said it was disappointing to discover that there may be judges who had not performed their functions and duties adequately in the pursuit of justice.
The Prime Minister is right — the Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim cannot continue to keep his silence after he had flatly denied that there was any Federal Court judge who had not written as many as 30 grounds of judgment and challenged for proof to be provided.
As such proof have been provided and the Federal Court judge concerned named, Fairuz should publicly apologise for misleading the Malaysian public and explain whether he is heading a competent, responsible, accountable and professional judiciary.
Will Fairuz take out the Federal Court judge concerned from all current Federal Court cases until he had written up all the grounds of judgments of 35 outstanding civil and criminal cases? Read the rest of this entry »
2nd urgent motion – Dropping of Zakaria’s 37 charges and new crisis of confidence in justice system
Posted by Kit in Abdullah Ahmad Badawi, Court, Parliament on Monday, 27 August 2007
I have submitted to the Speaker of Parliament, Tan Sri Ramli Ngah a second urgent motion for debate in Parliament on Wednesday – the extraordinary dropping of the 37 charges against the Selangor State Assemblyman for Port Klang Datuk Zakaria Md Deros and five of his business partners under the Companies Act 1965.
The nub of the argument is that the dropping of Zakaria’s 37 charges have illuminated the new crisis of confidence in the system of justice in the country.
This is the latest setback in the past two months before the 50th Merdeka anniversary celebrations on 31st August 2007 shattering public confidence in the independence, integrity and professionalism of national institutions causing more and more Malaysians to ask what has gone wrong with nation-building.
The failure to give satisfactory explanation for the withdrawal of the 37 charges against Zakaria has reinforced public perception that there are politically-powerful people in the country who enjoy immunities and privileges to the extent that they are a law unto themselves and not subject to the ordinary laws of the land binding on all Malaysians.
This is a great blow to public and investor confidence in the just rule of law, especially efficient upholding of law and order and the fair administration of justice, which had reached increasingly critical level because of a series of incidents including: Read the rest of this entry »
27 charges against Zakaria dropped – another grave blow to public confidence less than a week to 50th Merdeka celebrations
Posted by Kit in Constitution, Court on Saturday, 25 August 2007
As if there were not enough setbacks in the past two months to shatter public confidence in the independence, integrity and professionalism of institutions of state causing more and more Malaysians to ask the real meaning of the 50th Merdeka anniversary celebrations, another grave blow was delivered to such public confidence yesterday.
I am referring to the extraordinary dropping of the 37 charges against the so-called “Sultan of Klang” Datuk Zakaria Md Deros and five of his business partners pertaining to contravening the Companies Act 1965 — less than a week before the 50th Merdeka anniversary celebrations.
It would appear that the so-called “Sultan of Klang” enjoys immunities and privileges to the extent that he is a law unto himself and is not subject to the ordinary laws of the land binding of all Malaysians and even members of the true royalty.
Zakaria would have very exultant reasons to celebrate the 50th Merdeka anniversary on Friday, but he has left more and more Malaysians wonder what has happened to the country after half-a-century of independent nationhood that there is a lengthening catalogue of things very wrong with good governance, justice and nation-building in Malaysia.
Were the authorities serious in charging Zakaria with 37 offences under the Companies Act 1965 in the first instance, and if so, how could these charges be so summarily and flippantly withdrawn?
If the original 37 charges against Zakaria were just a sandiwara never meant to be taken or to be pursued seriously, then the reputation of the impartiality, independence, professionalism and integrity of the state institutions responsible for upholding law and order have been seriously tarnished, and suitable punitive action should be taken against the offenders.
If the original 37 charges against Zakaria had been preferred with a full sense of seriousness, then why were they dropped so summarily and frivolously? Was there interference with the process of law and the administration of justice, and if so, Parliament and the Malaysian people are entitled to a full explanation. Read the rest of this entry »
Federal Ct judge with 33 outstanding judgments – will CJ Fairuz now pick up the gauntlet?
On Tuesday, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim flatly denied that there was any Federal Court judge who had not written as many as 30 grounds of judgment.
Today, New Straits Times front page carried a report “UNWRITTEN JUDGEMENTS: Former High Court judge yet to submit in 33 cases” by its reporter V. Anbalagan that Court of Appeal registry’s records revealed that a former High Court judge (who is now a Federal Court judge) did not write grounds of judgment in 33 criminal and civil cases.
The backlog included three criminal cases in Seremban which carried the death penalty.
The judge presided over the cases while serving at the High Court there five years ago.
The rest are civil cases in which he made rulings while there and in Kuala Lumpur between 1999 and 2002.
Anbalagan, who had filed the original NST report on July 23 revealing the judge had not provided written grounds of judgment in at least 30 criminal and civil cases, wrote: Read the rest of this entry »
Abolish common law system – unbecoming of Fairuz as CJ as well as highly irresponsible to divert attention
Posted by Kit in Constitution, Court on Thursday, 23 August 2007
The call by Chief Justice Tun Ahmad Fairuz Abdul Halim for the abolition of the common law system and favouring its replacement by Islamic law system is most unbecoming of the highest judicial officer of the land sworn to defend and uphold the Constitution and the Merdeka social contract.
Fairuz was also highly irresponsible in trying to divert attention from his failure to institute judicial reforms to restore public confidence in judicial independence, integrity and meritocracy.
In his speech opening a seminar on the thoughts and academic works of the late Tan Sri Ahmad Ibrahim on Tuesday, Fairuz said (as reported by Utusan Malaysia’s front-page headline news):
Muka Hadapan
Mansuh Common Law — Ketua Hakim Negara mahu perundangan lapuk Inggeris diganti
Oleh Zabry MohamadPETALING JAYA 21 Ogos — Ketua Hakim Negara, Tun Ahmad Fairuz Sheikh Abdul Halim hari ini mencadangkan rujukan kepada Common Law Inggeris dimansuhkan daripada undang-undang sivil negara ini kerana ia menggambarkan minda pengamal undang-undang tempatan yang masih terjajah.
Beliau juga menegur sesetengah pengamal undang-undang yang terus mengguna pakai Common Law Inggeris dalam kes-kes perbicaraan tertentu.
Sambil menyifatkan mereka sebagai ‘katak di bawah tempurung penjajah’, Ahmad Fairuz menegaskan, gejala tersebut tidak seharusnya berlaku selepas 50 tahun Malaysia mencapai kemerdekaan. Read the rest of this entry »
Constitutional crisis (2) – PM’s assurance that CJM nominee not the Federal Court judge with over 30 outstanding judgments from High Court days?
Posted by Kit in Constitution, Court on Sunday, 12 August 2007
In the modern democratic era of accountability, transparency, integrity and good governance, the Malaysian public are entitled to information as to the causes of the constitutional crisis and impasse resulting from the deadlock between the Prime Minister and the Conference of Rulers over the filling of the seven-month vacancy of the Chief Judge of Malaya.
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should not only provide Malaysians and in particular Members of Parliament this vital information, but also clarify and assure the nation that his nominee for the Chief Judge of Malaya and the subject of the constitutional crisis with the Conference of Rulers is not the Federal Court judge who have a backlog of at least 30 outstanding judgments accumulated from his High Court days which have yet to be written and delivered.
When Abdullah launched the National Integrity Plan (NIP) in May 2004, he said that “the integrity movement is comprehensive covering all levels or sectors of the government and society”.
There is also a section in the five-year plan, NIP Target 2008, on the enhancement of the administration of justice by the judicial bodies and institutions — a new national commitment on judicial accountability, transparency and integrity. The time has come to walk this talk.
Although the Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim is on public record as saying that judges with a backlog of written grounds of judgment would not be considered for promotion and there is a court directive that judges should complete writing their grounds within eight weeks of a trial if there is a notice for an appeal, it is most shocking that the newspaper report last month that there is a Federal Court judge who has “at least 30 outstanding judgments accumulated from his High Court days that include dadah trafficking and murder cases” (New Straits Times 23.7.07) had not elicited any denial, clarification or response from the Chief Justice. Read the rest of this entry »
7-month Constitutional crisis over Chief Judge Malaya – CJ must bear responsibility for root-cause
Posted by Kit in Constitution, Court on Saturday, 11 August 2007
The country is faced with a full-blown constitutional crisis over the appointment of the third most important judicial office in the land, the Chief Judge of Malaya, which had been vacant for more than seven months since the retirement of Tan Sri Siti Normah Yaakob on January 5, 2007.
I first raised the issue of the paralysis of the judicial appointment process for the post of the Chief Judge of Malaya in Parliament during the Royal Address debate in March, and DAP MPs Karpal Singh (Bukit Glugor) and M. Kulasegaran (Ipoh Barat) and I have continued to demand to know why the country is still without a Chief Judge of Malaya whenever there was an opportunity in Parliament in the past five months but without getting any satisfactory answer.
Under Article 122B of the Constitution, the Chief Judge of Malaya “shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers”.
The appointment of the new Chief Judge of Malaya has not be able to get past the Conference of Rulers which have met twice since the retirement of Siti Normah, reflecting the constitutional crisis over the issue.
When the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, who did not attend the recent meeting of the Conference of Rulers held at the end of last month as he was on private holidays overseas, was asked about the issue on his return, Abdullah said “he had proposed a candidate and it was now for the Chief Justice to conclude the appointment”. (NST 29.7.07)
After the Singapore Straits Times reported that the Conference of Rulers at its meeting last month had rejected the government’s nominee, New Straits Times quoted Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim as saying that the the vacancy for the Chief Judge of Malaya is expected to be filled by August 31 and that the identity of the nominee was classified under the Official Secrets Act.
Although Ahmad Fairuz has denied that he had said that the appointment would be made by August 31, I understand that this statement by the Chief Justice is recorded on tape.
But the more important issue is why should the Chief Justice invoke the Official Secrets Act to suppress all reports referring to the official nominee for the post of Chief Judge of Malaya, whom I understand is one of the most junior Federal Court judges — as if such a nomination cannot withstand public scrutiny. Read the rest of this entry »
Socialising with prosecution – Can Altantunya murder trial judge be sanctioned?
Posted by Kit in Constitution, Court on Sunday, 17 June 2007
The admission by the Attorney-General Tan Sri Gani Patail that it was a mistake when he decided not to give the court a reason for replacing the entire prosecution team in the Altantunya Shaariibuu murder trial has raised further questions.
Gani said he had replaced the entire team of prosecutors to ensure a “fair trial” to all parties concerned. He said he had taken Deputy Public Prosecutor Salehuddin Saidin out because he was seen playing “badminton” with trial judge Justice Datuk Mohd Zaki Md Yasin.
He was going to replace Salehuddin with the Chamber’s head of prosecution Datuk Mohd Yusof Zainal Abiden, but later realized that the latter socialized with the judge as well.
(1) How many of the DPPs in the AG’s Chambers now play badminton or socialize with judges? Is Gani Patail going to issue a Code of Conduct for his prosecutors and officers forbidding them from playing badminton or socializing with judges?
(2) Why didn’t Justice Datuk Mohd Zaki Md Yasin recuse himself from the trial for having socialized with the prosecution? Does the Judges’ Code of Ethics forbid judges from playing badminton or socializing with prosecutors?
If so, can disciplinary action be taken against Justice Mohd Zaki under Article 125(3B) which was amended last year to provide for sanctions to be imposed on judges for breaching provisions of the Code of Ethics? Read the rest of this entry »
Why is Gani Patail not leading the prosecution in Altantunya Shaariibuu murder trial?
Attorney-General Tan Sri Gani Patail is to be commended for conceding to public demands for accountability and transparency to explain the reason for the last-minute change of the prosecution team in the Mongolian Altantunya Shaariibuu murder trial.
Gani said the DPP Salehuddin Saidin, who was leading the prosecution team had been seen playing badminton with trial judge Datuk Mohd Zaki Md Yasin and the matter was only brought to his attention last Thursday.
Gani said realizing the sensitivity of the case, he decided to withdraw Salehuddin from leading the prosecution team. Given the time constraint of only three days for a new DPP to take over, he had no choice but to request for adequate time to prepare the case.
Whether Gani’s explanation would be fully accepted is another matter, at least he has given what can be regarded by some as adequate and acceptable explanation for the extraordinary turn of events at the start of the high-profile murder trial.
This is because there will be those who will ask why the judge Datuk Mohd
Zaki had not recused himself from the trial instead.
Questions will be asked as to why the initial judge to preside over the trial, Datuk K.N. Segara, was taken off the case as the reason given, that he had more party-heard cases, is weak and unconvincing, and whether Judge Segara should be allowed to preside over the trial. Read the rest of this entry »
Altantunya trial – Malaysia’s justice system the casualty with AG’s continued silence
The Attorney-General Tan Sri Gani Patail must come forward to give proper explanation to end the thousand-and-one questions swirling around the last-minute change of prosecution team in the high-profile Mongolian Altantunya Shaariibuu murder trial or Malaysia’s system of justice is in for another chapter of adverse publicity both nationally and internationally, ending up as the greatest casualty.
Gani should know that his explanation that the last-minute switch of prosecution was to enable “a fair trial” raises more questions than giving an answer.
It explains not only nothing, but implies that continuing with the original prosecution team of DPPs Salehuddin Saidin and Noorin Badaruddin could be against the interests of ensuring “a fair trial” and if so, clearly the Attorney-General must explain why, since it casts a serious reflection on the professionalism and integrity of Salehuddin and Noorin.
Furthermore, why if there has to be a switch of the prosecution team for whatever reasons, the change was not made earlier as the charges of murder against the three accused were first made in November 15 last year while the trial dates for 25 days starting on Monday was fixed by the Shah Alam High Court as far back as March 9, 2007.
Gani should explain whether the last-minute switch of the prosecution team was to strengthen the chances of securing convictions in the Altantunya Shaariibuu trial and if so, how.
Why was the whole prosecution team switched, instead of directing DPP Tun Abdul Majid Tun Hamzah to lead the prosecution team but still comprising Salehuddin and Noorin since they had been involved in the preparation of the trial right from the beginning?
Gani should be aware of the political implications of and the world-wide interests in the trial and should be wary of taking any steps which can only give wing to speculation of political interference in the conduct of the trial. Read the rest of this entry »
Altantunya Shariibuu murder trial starts with black-eye for system of justice
The high-profile Mongolian Altantuya Shaariibuu murder trial started yesterday with a black-eye for the Malaysian system of justice with the last-minute switch of the prosecution team at the opening of the trial yesterday leading to a two-week adjournment until June 18.
Twenty-four hours after the sudden turn of events, no responsible or credible explanation is yet forthcoming from the Attorney-General Tan Sri Abdul Gani Patail.
Gani’s explanation that he initiated the last-minute move to introduce a new prosecution team in order to ensure a “fair trial” to all parties concerned is no explanation at all, unless he could give two further information — firstly, what was wrong with the original prosecution team of DPPs Salehuddin Saidin and Noorin Badaruddin; and secondly, why he took the decision to change the prosecution team only at the eleventh-hour creating an international scene and not earlier when the Shah Alam High Court had fixed hearing for 25 days as far back as March 9, 2007?
DPP Tun Abd Majid Tun Hamzah, head of the Attorney-General’s Chambers civil division, who has been instructed to take over the prosecution, cannot be faulted as he had only been assigned to the case “at 5.30 pm on Sunday, while on his way back to Kuala Lumpur from his home town of Kuala Kangsar” but this does not mean that Gani should enjoy immunity from having to act with responsibility and accountability by giving a proper explanation, which he owes not only to the Shah Alam High Court but also to the courts of public opinion, both national and international. Read the rest of this entry »
Why 5-month paralysis in appointment of Chief Judge, Malaya?
The Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim announced at the close of the Asia-Pacific Judicial Reform Forum yesterday that a study would be conducted on judicial systems in the region to determine if a judicial commission on the appointment and promotion of judges would ensure the independence of the judiciary.
He said judicial experts will be looking at how judges are appointed and promoted, then look at which system would be best for the independence of the judiciary — and the preferred system will be recommended for countries in the region to adopt.
Justice Kenneth Madison Hayne of the High Court of Australia said six weeks would be set aside to collate the information and present it in a usable format.
He said: “Factual information will definitely be published, but we would be circumspect about publishing opinions expressed in the survey”.
Fairuz’ announcement is a disappointment for three reasons:
Firstly, while it is commendable that the Asia-Pacific Judicial Roundtable Forum wants to make a regional study whether a judicial commission on the appointment and promotion of judges would ensure the independence of the judiciary, it is most presumptuous for the judges at the Judicial Roundtable Forum to assume that only members of the judiciary are most qualified to decide on the question, excluding other equally if not more important stakeholders such as lawyers and laypersons of the civil society.
In fact, it is a very pertinent question whether judges are the most suitable and capable persons to solely decide on the question of the independence of the judiciary, which affect not only judges but the larger societies which they serve.
The history of mankind has proved again and again that the principle of the independence of the judiciary had often to be salvaged and established not only in the face of opposition of reactionary power-holders but in many cases in the teeth of opposition of serving judges as well. Read the rest of this entry »
Malaysian heads Fiji Anti-Corruption Commission?
Posted by Kit in Corruption, Court on Sunday, 27 May 2007
(1) Radio New Zealand International
Head of Fiji’s Independent Commission against Corruption to remain head of LAWASIA
Posted at 01:33 on 26 May, 2007 UTC
The newly appointed commissioner of the Fiji Independent Commission Against Corruption , Mah Weng Kwai of Malaysia, says he will remain the president of the Law Association for Asia and the Pacific.
As well, Mr Kwai has told the Fiji Times he will maintain his law practice in Kuala Lumpur.
He says he did not apply for the job but was offered it and accepted because of concern about allegations of corruption.
Mr Mah says he deems his appointment valid and questions about the validity of the commission would be best dealt with by the courts.
He says there is a need for foreigners to take up the reigns at the anti-corruption commission because they are not connected to local politics.
World’s second largest court complex – most mishaps and no CF!
Posted by Kit in Corruption, Court, Good Governance on Saturday, 26 May 2007
For two consecutive days on May 9 and 10, 2007, I had asked in my media statements whether a certificate for fitness for occupation (CF) had been issued for the second largest court complex in the world in Jalan Duta, Kuala Lumpur in view of its many mishaps, and if so when.
If no CF was issued, why was the court complex allowed to be used; and if there was CF, whether actions would be taken against those who had been so negligent as to issue the CF when there are still so many defects, including structural ones, which had to be rectified?
There was silence from the relevant authorities for a fortnight, until Berita Harian front-page headline today screamed: “Mahkamah tiada CF — DBKL belum terima sebarang permohonan: Datuk Bandar”.
I am surprised that Datuk Nazri Aziz, Minister in the Prime Minister’s Department in charge of the law portfolio, had not acted with dispatch following the alert I sounded on May 9 as to whether there was any CF for the Jalan Duta court complex.
Nazri should also explain why two different figures for the cost of the court complex had been quoted by the media in the past month — RM270 million and RM290 million. Or have we reached a stage where RM20 million is chickenfeed and is not worth any bother, when damages, losses and criminal misappropriation are in the region of hundreds of millions or even billions of ringgit? Read the rest of this entry »
Another RM22 million scandal to inspect new Putrajaya buildings – Malaysians made suckers!
Posted by Kit in Court, Good Governance on Thursday, 10 May 2007
Malaysians today feel angry and outraged when they read that the Works Minister Datuk Seri S. Samy Vellu is asking for RM22 million to inspect new government buildings in Putrajaya for defects, on top of an unending list of government building mishaps.
The spanking new RM290 million court complex in Jalan Duta, Kuala Lumpur has undoubtedly earned instant international notoriety with the daily defects since its opening last week.
Yesterday, the court complex was shut down by a power failure. This morning I receive complaints from a lawyer of leaks in the criminal courts. This is on top of the ceiling collapse, cracks on the wall, faulty toilets and air-conditioning breakdowns.
Had a certificate for fitness for occupation (CF) been issued for the largest court complex in the world, and if so when. If no CF was issued, why was the court complex allowed to be used; and if there was CF, whether actions would be taken against those who had been so negligent as to issue the CF when there are still so many defects, including structural ones, which had to be rectified? Read the rest of this entry »
Maritmuthu’s habeas corpus application — hearing in Shah Alam High Court on 3rd May
Hearing for the habeas corpus application of rubber tapper Marimuthu Periasamy, 43, for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department (JAIS) for the past 22 days has been set by the Shah Alam High Court for May 3, 2007 at 9 am.
DAP National Chairman and counsel for Marimuthu appeared before the Shah Alam High Court Judge, Justice Su Geok Yian at 2.30 pm after filing a certificate of urgency for the hearing of the application.
DPP Shoba Vengopal, who appeared for the Selangor Islamic Religious Department, asked for a month for JAIS to file affidavit but Karpal argued for earliest hearing as family unity and human rights are at stake, with Marimuthu seeking to be reunited with his wife and six children who were forcibly separated from him on 2nd April 2007 on the ground that they were Muslims.
-
You are currently browsing the archives for the Court category.
