Archive for category Court
Najib GTP in past two years a depressing failure
I posed a supplementary query in Parliament to Question No. 5 to the Minister in the Prime Minister’s Department, Senator Tan Sri Dr. Koh Tsu Koon who had boasted about the great success and achievements of Prime Minister Datuk Seri Najib Razak’s Government Transformation Programme to date.
Puncturing his balloon, I pointed out that the purpose of Najib’s GTP is to restore national and international confidence in the efficiency, independence, integrity and professionalism of key national institutions but the reality in the past two years had been the very opposite – with even greater plunge of public and international confidence in the efficiency, independence, integrity and professionalism of key national institutions like the police, judiciary, elections commission and the anti-corruption commission, the MACC.
Read the rest of this entry »
Mat Zain: Bala’s SD might save cops on death row
Posted by Kit in Court, Judiciary, Law & Order, Police on Tuesday, 28 June 2011
Malaysiakini
Jun 27, 11
Former Kuala Lumpur CID chief Mat Zain Ibrahim has urged Inspector-General of Police Ismail Omar to intervene in the decision of the Attorney-General’s (AG’s) Chambers not to charge private investigator P Balasubramaniam with falsifying a statutory declarations (SDs).
In an open letter to Ismail, Mat Zain said the contents of Balasubramaniam’s statutory declarations, if tested in court, may influence the outcome of the Altantuya Shaariibuu murder case.
Two young police personnel, Azilah Hadri, 33, and Sirul Azha Umar, 36, were both sentenced to death for Altantuya’s murder.
However, political and defence analyst Abdul Razak Baginda was acquitted of abetment without his defence being called. Prosecutors did not appeal the decision.
“If the judge had mistakenly freed Abdul Razak, that is inconsequential. Maybe that is his luck. But we cannot allow the judge to mistakenly sentence Azilah and Sirul to death. Read the rest of this entry »
Gani Patail playing judge in Altantuya case, says Mat Zain
By Shannon Teoh | June 27, 2011
The Malaysian Insider
KUALA LUMPUR, June 27 — A retired senior policeman has accused Tan Sri Abdul Gani Patail of superceding the courts by dismissing private investigator P. Balasubramaniam’s statutory declarations (SD) regarding the murder of Altantuya Shariibuu.
Datuk Mat Zain Ibrahim said in an open letter to Inspector-General of Police Tan Sri Ismail Omar today that the Attorney-General was trying to ensure that the Mongolian’s murder case is not reopened.
The Shah Alam High Court ended a 159-day trial in April 2009, meting out death sentences to two police officers who are now appealing the judgment.
Read the rest of this entry »
Something rotten at the Duta courts
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Sunday, 26 June 2011
by Hafiz Yatim
Malaysiakini
Jun 25, 11
Shakespeare wrote in the play ‘Hamlet’ that “something is rotten in the state of Denmark”. Court of Appeal judge NH Chan had also made similar remarks when he wrote the Ayer Molek Rubber Co Bhd vs Insas Bhd judgment in 1995, where he described the case he was presiding over as being about an injustice perpetrated by a court of law.
Can yesterday’s conviction of the infamous ‘Datuk T’ trio be said a travesty of justice deserving the local version that goes “something is rotten in Duta courts” resulting in possibly another charge looming over Opposition Leader Anwar Ibrahim? Read the rest of this entry »
Karpal: Public porn screening in court ‘a first’
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Saturday, 25 June 2011
Malaysiakini
Jun 25, 11
Karpal Singh slammed the Kuala Lumpur Magistrate Court’s handling of the Datuk T proceedings yesterday for showing the sex video to the public and for allowing Anwar to be implicated in his absence.
“This is the first time in legal history of the country that a pornographic video clip produced as an exhibit in court has been played on two big screens, one facing them magistrate and the other the public gallery,” said the Bukit Gelugor MP and veteran lawyer in a statement today.
Karpal said in such situations the public gallery would always be cleared.
While he agreed that as a fundamental element of the charge against the Datuk T trio, the screening had to be done in the presence of the magistrate and relevant parties, and this should not include the public. Read the rest of this entry »
“Datuk T” trio’s gross abuse of process of the court
What happened in the Kuala Lumpur magistrate’s court this morning in the “Datuk T” trio Sri Carcosa sex tape case was a gross abuse of the process of the court, reducing the judicial process to a farce.
It was alleged for instance that there are expert testimony that the man in the sex tape is “99.99 per cent” opposition leader Datuk Seri Anwar Ibrahim.
What is the probative value and credibility of such expert evidence when they are not challenged or tested by other expert testimonies, reducing them to the status of one-sided accounts not much better than mere hearsay. Read the rest of this entry »
Question of efficiency, independence and professionalism of AGC and Police haunting Malaysia’s international image in a bigger way than any time in the past
Posted by Kit in Anwar Ibrahim, Court, Crime, Law & Order, Najib Razak, Police on Friday, 24 June 2011
Two days after the Sri Carcosa sex tape caper on Monday, 21st March 2011, I had warned that police efficiency, independence and professionalism were again the major casualties of the latest criminal attempt to target and character-assassinate Datuk Seri Anwar Ibrahim.
My warning of March 23 has proven true. More than three months after my warning, the questions of the efficiency, independence and professionalism of the Attorney-General’s Chambers and the Police have bulked even larger to haunt Malaysia’s international image in a bigger way than at any time in the past in the nation’s history.
The farce this morning in the magistrate’s court where the “Datuk T” trio were charged for the Sri Carcosa sex tape screening has only served to further lower public confidence and esteem in the efficiency, independence and professionalism of the Attorney-General and the Police.
Read the rest of this entry »
Anwar applies for a new trial on sodomy charge
Posted by Kit in Anwar Ibrahim, Court on Thursday, 2 June 2011
By Kuek Ser Kuang Keng | Jun 2, 11
Malaysiakini
Just four days before Anwar Ibrahim begins his defence against the sodomy charge, he has applied to replace the current Justice Mohamad Zabidin Mohd Diah with a new judge to rehear his trial.
Anwar claimed that Zabidin had prejudged and demonstrated bias in ruling that the prosecution had made a prima facie case against him.
This ruling denied him of a fair trial, which is guaranteed by article 5(1) of the federal constitution, said the opposition leader in his application filed at the Kuala Lumpur High Court today.
Read the rest of this entry »
Anwar to lead even if jailed, says Guan Eng
Posted by Kit in Anwar Ibrahim, Court, Lim Guan Eng, Pakatan Rakyat on Wednesday, 18 May 2011
By Clara Chooi | May 18, 2011
The Malaysian Insider
KUALA LUMPUR, May 18 — DAP secretary-general Lim Guan Eng declared today that Datuk Seri Anwar Ibrahim will remain as Pakatan Rakyat’s (PR) opposition Leader in Parliament even if he is jailed for sodomy.
Lim said the PR leadership have agreed that Anwar will hold on to the post “as long as he is still an MP” and until all legal avenues are exhausted.
“There is no replacement of opposition leader. Definitely no replacement. As long as he is an MP, he will not be replaced,” he told reporters after attending the launch of the George Town Festival 2011 at the Lot 10 shopping centre here this morning.
Read the rest of this entry »
Anwar accuses judge of ‘prejudging’ sodomy trial
Posted by Kit in Anwar Ibrahim, Court on Monday, 16 May 2011
By Shazwan Mustafa Kamal | May 16, 2011
The Malaysian Insider
KUALA LUMPUR, May 16 — Datuk Seri Anwar Ibrahim has accused trial judge Datuk Mohd Zabidin Mohd Diah of “prejudging” the Sodomy II trial with his decision today even before the opposition leader has entered his defence.
The 63-year old PKR de facto leader told reporters although he had expected such a decision, he was “shocked” by Mohd Zabidin’s decision which accepted the prosecution’s arguments wholesale, despite the defence’s objection against complainant Mohd Saiful Bukhari Azlan’s credibility as the star witness.
“It does not come as a surprise but what is shocking is that he (Mohd Zabidin) has prejudged the case, and extended it beyond prima facie.
“This makes the position of the defence very precarious,” Anwar said.
Read the rest of this entry »
Sodomy II: Anwar ordered to enter defence
Posted by Kit in Anwar Ibrahim, Court on Monday, 16 May 2011
By Shazwan Mustafa Kamal | May 16, 2011
The Malaysian Insider
KUALA LUMPUR, May 16 — Datuk Seri Anwar Ibrahim will have to defend himself on a charge of sodomising former aide Mohd Saiful Bukhari Azlan three years ago, the High Court ruled today.
Trial judge Datuk Mohd Zabidin Mohd Diah concluded that there was a prima facie case against the 63-year old Pakatan Rakyat (PR) de facto leader, facing a second sodomy case charge in 13 years.
He was sacked as deputy prime minister and finance minister after the first case came to light in 1998.
“Prosecution proven all facts to define charge. Prima facie case made out against accused. Accused therefore called to enter defence,” said Mohd Zabidin today.
Read the rest of this entry »
Standard of Proof Not Met in Sodomy ll
Posted by Kit in Anwar Ibrahim, Court on Saturday, 7 May 2011
By Singa Pura Pura
The whole of the prosecution’s evidence, taken in its entirety at this stage, would not even pass the test enunciated in the Federal Court in Balachandran v. PP [2005] 1 CLJ 85 FC, namely, that:
“The result is that the force of the evidence adduced must be such that, if unrebutted, it is sufficient to induce the court to believe in the existence of the facts stated in the charge or to consider its existence so probable that a prudent man ought to act upon the supposition that those facts exist or did happen. In order to make a finding either way the court must, at the close of the case for the prosecution, undertake a positive [maximum] evaluation of the credibility and reliability of all the evidence.
“The test at the close of the case for the prosecution would therefore be: Is the evidence sufficient to convict the accused if he elects to remain silent? This must, as of necessity, require a consideration of the existence of any reasonable doubt in the case for the prosecution. If there is any such doubt there can be no prima facie case. As the accused can be convicted on the prima facie evidence – it [the evidence] must have reached a standard which is capable of supporting a conviction beyond reasonable doubt … The prima facie evidence which was capable of supporting a conviction beyond reasonable doubt will constitute proof beyond reasonable doubt.”
Read the rest of this entry »
Call on Cabinet on Friday to withdraw the appeal against the KL High Court judgment on the Herald “Allah” case to demonstrate government seriousness and commitment to promote 1Malaysia and inter-religious harmony
Posted by Kit in 1Malaysia, Court, Parliament, Religion on Wednesday, 16 March 2011
While the government’s decision yesterday to release the 35,000 copies of Bahasa Malaysia Bible detained in Port Klang and Kuching Port is to be welcomed, questions must be raised as to why it had been allowed to become an issue aggravating Malaysian unity and nation-building problems for such a length of time.
The country seems suddenly to have a very powerful Minister, who is not elected but appointed – Senator Datuk Seri Idris Jala. Is this really the case?
The announcement was not made by the Home Minister, Datuk Seri Hishammuddin Hussein or the Deputy Prime Minister, Tan Sri Muhyiddin Yassin who had earlier commented on the issue, but by an unelected Senator Minister. Why was this the case?
In fact, six hours before Idris’ announcement, Muhyiddin had announced that the Cabinet had not made any decision to release the 35,000 Bahasa Malaysia Bibles and that this subject would be discussed in the Cabinet meeting on Friday.
Read the rest of this entry »
People’s Call for Regime Change – Part 2
Posted by Kit in Court, Law & Order, NH Chan on Friday, 18 February 2011
By NH Chan
18 February, 2011
(The People’s Judge continues his call to the young to use the tools of modern communication to effect change in Malaysia, pointing out how we are stuck with a government using 19th century British colonial laws to further repress us. Read Part 1 of this article here.- LoyarBurok.com)
The Sedition Act as applied in this country
The sedition legislation is the most oppressive law ever devised by a colonial power to subjugate the natives by the colonialists who took over the land they had colonized. In this country the Sedition Act 1948 is typical of such colonialism – this word means ‘the practice of acquiring and controlling another country and occupying it’. If you read on you will know that this is the true picture of how our Sedition Act 1948 migrated from 1870 British India to Peninsular Malaya in 1948 when the country was a British protectorate except for Malacca and Penang which were colonies.
There is an excellent article in the Star, Wednesday, 9 February 2011, titled Sedition law’s overreach by Professor Shad Saleem Faruqi. It says: Read the rest of this entry »
Withdraw sedition charge against Shuhaimi – first step to demonstrate Najib can learn from the lesson of Egyptian crisis
Posted by Kit in Court, Egypt, Najib Razak on Saturday, 5 February 2011
Prime Minister Datuk Seri Najib Razak has assured Malaysians that his administration will always put the interests of the people first, saying that the events of Egypt are a lesson for all.
He said in a democratic system “we must give priority to the people” who are empowered through globalization and ICT (information and communication technology).
Najib should show that his administration is capable of learning from the lesson of the Egyptian crisis by winding down and ending political repression in the country, starting with the withdrawal of the sedition charge against Selangor PKR Assemblyman for Sri Muda Shuhaimi Shafie, who is slated to be charged in the Shah Alam Sessions Court on Monday. Read the rest of this entry »
Plea bargaining and the hidden dangers
Posted by Kit in Court, Law & Order on Friday, 14 January 2011
By K.Siladass
of Lincoln’s Barrister-at-Law of Malaya, Advocate and Solicitor.
On Monday 13 December 2010, the Chief Justice of Malaysia, Tun Zaki Azmi announced that, “accused persons in criminal cases will get 50 per cent reduction from the maximum punishment under the plea bargain system which will be implemented soon”. There was no explanation under which statutory provision this plea bargaining, and the reduction of punishment prescribed by various laws will apply or the types of cases to which the new system may be applicable. However, one thing that was so apparent was the emphasis that this reduction of punishment would help to clear backlog of cases. That gave the impression clearing of backlog of cases was far more important than seeing justice being done. It is in the light of what had been disclosed for the consumption of the pubic that prompted the public to question whether the negative consequences that could arise from such implementation had been considered.
As on 14 December 2010 the public were not informed that the Criminal Procedure (Amendment) Code 2010 (Act A1378) had been passed by Parliament and Royal assent had been obtained on 2 June 2010. The Act A1378 was gazetted on 10 June 2010. And plea bargaining had been given statutory effect; but, has not been implement as yet.
Read the rest of this entry »
Utusan’s got 14 days to apologise to Guan Eng
Posted by Kit in Court, DAP, Lim Guan Eng, Media on Wednesday, 22 December 2010
The Malaysian Insider
December 22, 2010
GEORGE TOWN, Dec 22 – Penang Chief Minister Lim Guan Eng has given Utusan Malaysia two weeks to apologise before he takes the daily to court.
Lim’s lawyer, Jagdeep Singh Deo, told reporters today he had sent a letter of demand to the national Malay newspaper yesterday asking it to withdraw certain words said to be slanderous in its December 20 article titled “Kebiadaban Guan Eng (The Rudeness of Guan Eng)”.
Utusan had said to have called Lim a racist and an “anti-Malay” in the article that ran a day after the Pakatan Rakyat (PR) rally.
Lim who is the party’s secretary-general also wants the paper to publish an apology and pay compensation for defaming him.
Jagdeep said Lim had denied the allegations in his notice of demand. Read the rest of this entry »
Mat Zain insists A-G interferred in ‘black-eye case’
Posted by Kit in Anwar Ibrahim, Court, Crime, Police on Friday, 10 December 2010
By Clara Chooi
The Malaysian Insider
December 10, 2010
KUALA LUMPUR, Dec 10 — A former investigating officer stood by his recent allegations that Tan Sri Abdul Gani Patail had fabricated evidence during the infamous 1998 “black-eye incident” involving Datuk Seri Anwar Ibrahim, and warned he would continue to speak up.
Datuk Mat Zain Ibrahim, who was the investigating officer in the case involving the assault of Datuk Seri Anwar Ibrahim in police custody, made his second appeal in another open letter to Inspector-General of Police Tan Sri Ismail Omar today, calling for the 12-year-old case to be reopened.
“I leave it to your discretion, Tan Sri, to make the best decision on behalf of the Royal Malaysian Police (RMP); one that is fair to all parties.
“However I also protect my right to proceed or stop right now, my correspondence pertaining to this issue or to any other issue related to it,” he wrote.
The former KL CID chief said the Home Ministry’s declaration last week that the “black-eye” case would remain closed clearly showed the government’s intention to protect “certain individuals”.
Home Minister Datuk Seri Hishammuddin Hussein had told DAP MP Lim Kit Siang last Monday that there was no need to reopen the “black-eye” case as the police had no reason to believe that false evidence had been given during the investigation. Read the rest of this entry »
Kit Siang sues NSTP over ‘Umno kafir’ report
By Hafiz Yatim
Nov 8, 2010
Malaysiakini
DAP advisor Lim Kit Siang has filed a defamation suit against New Straits Times Press (M) Bhd over a report published by its Malay-language daily Berita Harian on Tuesday.
The suit was filed by senior lawyer Karpal Singh.
The Ipoh Timor MP, in his statement of claim, alleged that the report was malicious and false in claiming that he had branded Umno as kafir (infidels), particularly in light of ongoing campaigning then for the Galas by-election.
Claiming that the respondent had failed to verify the facts, Lim said the report claimed that he had given a speech at Kesedar Sungai Terah, when he had not.
Read the rest of this entry »
-
You are currently browsing the archives for the Court category.
