Archive for category Court
DAP: To sue Melaka CM, Berita Harian over sedition accusation
Posted by Kit in Court, DAP, Pakatan Rakyat, UMNO on Wednesday, 3 November 2010
By Shazwan Mustafa Kamal
November 03, 2010
Malaysian Insider
KUALA LUMPUR, Nov 3- The DAP said today that it will initiate legal action against Melaka Chief Minister Datuk Seri Mohd Ali Rustam as well as Umno-owned daily Berita Harian for making false allegations against DAP veteran Lim Kit Siang.
DAP national chairman Karpal Singh demanded that Ali Rustam as well as Berita Harian “ retract and apologize unconditionally” for claiming that Lim had uttered seditious remarks during a PAS ceramah in Sungai Terah, Gua Musang.
“In lieu of the seriousness of the allegations made against Lim Kit Siang, I’ve been instructed as the party legal advisor to take action against Berita Harian and the CM of Melaka, Ali Rustam. It’s a very serious matter in that it adverts to something is very sensitive and something which can be abused… Berita Harian should be responsible. In fact a police report will be lodged against Berita Harian for publishing false news. This is an offence under the Printing Press and Publications Act (PPPA) 1984,” Karpal told reporters today.
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International deluge of criticisms on persecution of Anwar
Posted by Kit in 1Malaysia, Anwar Ibrahim, Court, Economics, Foreign, Najib Razak, NEM on Tuesday, 28 September 2010
By Dr. Chen Man Hin, DAP life advisor
International deluge of criticisms from the conspiracy to convict Anwar of sodomy 2
Suddenly there appears to be a deluge of international personalities criticising the Malaysian government for persecuting Anwar on trumped up charge of sodomy 2.
It started with ex US vice president Gore, and IMF chief Stiglitz, followed by Barry Wain former AWSJ correspondent as well as a former US ambassador to Malaysia John Croft
All of them unanimously condemned the conspiracy to paint Anwar as a sodomist and therefore not fit to be the Opposition Leader.
These are all distinguished members of the international community who are shocked in unison by this serious transgression of justice, democracy and the rule of law by the Malaysian government. UMNO, the power behind the prime minister, intends to perpetuate their power by trying Anwar on trumped up charges of sodomy, to convict and imprison him, thus denying him the opportunity to be the next Prime Minister.
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Syariah: ‘The law of the land’
Posted by Kit in Constitution, Court, Islam, Judiciary on Saturday, 25 September 2010
Clive Kessler
The Malaysian Insider
Sept 21, 2010
These days it’s not easy for a person of good sense to avoid being accused of sedition.
Especially if you have a basic grasp of modern political history and the nation’s constitutional foundations.
Voicing well-known facts and trite legal principles can get you into real trouble.
You question Ketuanan Malayu, for example, and you are told by those of a “Perkasa-ish” inclination, or lectured by Dr. Ridhuan Tee Abdullah in Utusan, that Malay political dominance is an agreed and foundational national principle. That it is inscribed in the Constitution.
What is in the Constitution? Here the champions of Ketuanan Melayu invoke Article 153.
That is the peg on which they hang the claim that enduring Malay ascendancy, even absolute political domination, is constitutionally enshrined. That it is an integral part of the “social contract” that made the nation and its Constitution possible.
But Article 153 is a small and dubious peg for such a big, even extravagant, claim. It merely provides for, or allows the government in its good judgement to institute, certain defined kinds of preferential treatment for Malays in certain identified and circumscribed areas.
It does not provide for, enshrine or constitutionally entrench Malay ethnic supremacy, enduring political domination.
But if you say this, you are likely to be challenged, and hit with a volley of police reports accusing you of sedition.
Of a triple sedition: against legitimate Malay political entitlement, as enshrined in Article 153; against the rulers who are the constitutionally-designated protectors of the Malay stake in the country; and hence also against the Constitution itself and the nation whose sovereignty it embodies. Read the rest of this entry »
Teoh Beng Hock, Did You Commit Suicide?
Posted by Kit in Corruption, Court, Crime, Teoh Beng Hock on Thursday, 23 September 2010
by Richard Loh
I am truly sorry, Sdr. Teoh Beng Hock, that I have to ask you this question, Did You Commit Suicide? Everyone knows that this is really a stupid question to ask but am I wrong? No, I am not wrong because this is the way how our government, macc, pdrm and the judiciary taught us, to be stupid.
When your family met up with the prime minister, he made a promise that your mysterious death will be fully investigated and ensured that no stone will be left unturned. With this promise, the prime minister should called for a royal commission of inquiry which your family and the public had wanted, instead, he called for an inquest. Why did he reject the RCI, simply because the chances of getting the truth of your mysterious death is very high. For an inquest, they have the upper hand to protect the guilty (if any), manipulate and fabricate, anyway, anyhow they wanted.
On the onset, the government, PDRM, MACC and the judiciary had already made up their mind to see that your mysterious death be concluded as committing suicide, that is, you took your own life. I came to this conclusion by judging the way they presented the case, the investigation by PdRM, the judiciary allowing the DPP to ridicule witness and articulation of imaginary theories. Read the rest of this entry »
Double standards on ‘illegal’ DVD charge
Perak: MB, BN Adun open to similar illegal DVD charge
By Clara Chooi | The Malaysian Insider
IPOH, Sept 7 — With a Perak DAP assemblyman facing the possibility of being charged in court for his unapproved DVD production, the authorities seem to have found themselves caught in a Catch-22 situation.
Questions now center on whether they would eventually be forced to slap similar charges on Perak Mentri Besar Datuk Dr Zambry Abd Kadir and MCA’s Datuk Dr Mah Hang Soon for allegedly committing a similar crime.
If so, this would mean the duo would also face the possibility of losing their state seats should the courts find them guilty.
The Malaysian Insider understands that it is likely that they too had failed to obtain approval from the Film Censorship Board prior to their DVD production of the tumultuous May 7 assembly sitting.
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Rebuttal to Josh Treviño on Anwar Ibrahim’s Trial
Posted by Kit in Anwar Ibrahim, Court on Wednesday, 11 August 2010
by Azeem Ibrahim
Research Fellow, Harvard Kennedy School’s International Security Program
August 10, 2010
In Malaysia, opposition leader Anwar Ibrahim has been put on trial for sodomy. In the main, the Western political establishment is skeptical about the trial, believing it to be a politically motivated attempt to remove the popular opposition leader from the political scene before he can take power. As is the Malaysian public. Only 11 percent believe the charge, and 88 percent think it’s a political conspiracy.
Public Relations professional Joshua Treviño has been on “attack-Anwar” mode lately, authoring several pieces in recent months critiquing Anwar and questioning his credibility in the West. In his most recent piece, Treviño doesn’t come right out and say that the trial is genuine, but he does try to give a few reasons as to why we should question the conventional wisdom that the trial is merely a political maneuver to get rid of Anwar. Those reasons fall short. Let us look at them one by one.
In the article Treviño argues that Anwar’s relative popularity in the West is based on the mistaken impression that he shares many of the West’s political values.
But Anwar is popular in the West because he has consistently called for democracy, good governance, accountability, and dialogue of civilizations. Compare this to the current Prime Minister, or any of his predecessors, who have said relatively little about such things in Malaysia and done even less to reform a system saddled with endemic corruption. Read the rest of this entry »
Denying Anwar Natural Justice
Posted by Kit in Anwar Ibrahim, Court, Dr. Chen Man Hin, Judiciary, Najib Razak on Tuesday, 10 August 2010
By Dr Chen Man Hin
IT IS NATURAL JUSTICE FOR ANWAR IBRAHIM TO HAVE ACCESS TO ALL EVIDENCE IN SODOMY 2 TRIAL
Denial of clinical evidence from Anwar Ibrahim to defend himself to face a charge of sodomy is a denial of natural justice for Anwar. Before this, he was also denied of evidence several times on previous occasions in the course of the trial.
In any trial, any one charged with a crime, surely has a right to ask his accuser (the prosecution) to produce the evidence. To deny the accused of the so called charge is surely a denial of natural justice for the accused.
This is substantiated by a clause in the INTERNATIONAL COVENANT IN CIVIL AND POLITICAL RIGHTS passed by the United Nations, ‘which guarantees the accused the right to have adequate time and facilities to the preparation of defence. Article 14 (3) (6) of the Covenant guarantees that legal representation of the defendant should have access to all relevant material and evidence.’
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Will the 4 MCA Ministers ignore Muhyiddin’s most improper/unwarranted “stern warning” and raise at Cabinet tomorrow issue of Home Ministry withdrawing its appeal on “Allah” controversy?
The Deputy Prime Minister and Deputy Umno President Tan Sri Muhyiddin Yassin had acted completely out of turn in issuing a most improper and unwarranted “stern warning” to MCA to accept the decision of the government and should not trigger another debate on the word “Allah”.
Does this mean that the MCA leadership, despite having four Ministers in Cabinet, are not allowed to raise in tomorrow’s Cabinet meeting a proposal to ask the Ministers to take a policy decision to withdraw the Home Ministry’s appeal against the Lau Bee Lan judgment of the Kuala Lumpur High Court in January which allowed the Catholic Church to use the word “Allah” in the Bahasa Malaysia section of its publication, Herald?
Such a proposal in tomorrow’s Cabinet would be most timely, appropriate and fully in accord with the national interests in view of the admission by the Home Minister, Datuk Seri Hishammuddin Hussein that his predecessor Tan Sri Syed Hamid Albar should not have banned the word “Allah” from being used by the Catholic Church.
Are there two classes of Ministers – those who can raise issues in Cabinet and ask for policy decisions to be made or reviewed and the lower class of Ministers who cannot raise issues which are regarded as “sensitive” by the first class of Ministers?
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Cabinet should make a decision to withdraw the appeal against Lau Bee Lan judgment on the Allah controversy
The Cabinet should make a decision to withdraw the appeal against the KL High Court judgment of Lau Bee Lan on the Allah controversy now that the Home Minister Datuk Seri Hishammuddin Hussein has admitted that his predecessor, Tan Sri Hamid Albar should not have banned the word “Allah” from being used by the Catholic Church.
Speaking at the Fourth Annual Malaysian Student Leaders’ Summit yesterday, Hishammuddin admitted that this issue will continue to haunt his ministry “for a very long time”, saying: “We should have let the sleeping dogs lie.”
With Hishamuddin’s admission, the Cabinet should do what it had failed to do these past six months after the Lau Bee Lan judgement in January, i.e. take a policy decision that the Home Ministry should withdraw its appeal against the High Court judgement allowing the Catholic Church to use the word “Allah” in the Bahasa Malaysia sections of its newspapers, Herald, to demonstrate the government’s seriousness and commitment to resolve the issue through inter-religious dialogue.
So far, Cabinet Ministers had been denied the right to consider whether the Home Ministry should withdraw its appeal against the Kuala Lumpur High Court judgment on the “Allah” controversy.
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Bolstering and Breeding Bigotry in Bolehland
Posted by Kit in Court, Martin Jalleh, nation building, Religion on Friday, 30 July 2010
By Martin Jalleh
The light, lenient, ludicrous and laughable court sentences on the cow-head protestors lends credence to the growing belief that Umno lives and lasts on bigotry
On 28 August last year, more than 50 people, shortly after their Friday prayers, marched from the Selangor state mosque in Shah Alam to the Selangor State Secretariat to protest the relocation of a 150-year old Hindu temple to their neighbourhood.
Amidst strong chants of “Allahuakbar!” they dragged and paraded the severed and bloodied head of a cow. One of their leaders shouted “I guarantee bloodshed and racial tension (if the temple relocation takes place)”.
Some of them made fiery speeches, spat on the severed cow’s head, kicked it, stomped on it, dumped it in front of the gates of the State Secretariat and proudly posed for photos, as police stood stoically, silently and submissively by.
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Will Mahathir or any of his Ministers in 2002 Cabinet testify in court of being misled by Ling to approve Port Klang Authority’s purchase of PKFZ land with 15-year repayment with compound interest instead of 10 years?
Posted by Kit in Corruption, Court, Financial Scandals, Mahathir, PKFZ on Friday, 30 July 2010
The charge preferred against former MCA President and Transport Minister, Tun Dr. Ling Liong Sik, in connection with the RM12.5 million Port Klang Free Zone (PKFZ) scandal has mystified many.
The charge against Ling reads:
“That you, between Sept 25 and Nov 6, 2002, at Level 4 of the Prime Minister’s Office in Bangunan Perdana Putra, cheated the Govern ment by deceiving the Cabinet into approving a land purchase in Pulau Indah for a Mega Distribution Hub project in Port Klang according to the terms agreed between Kuala Dimensi Sdn Bhd and Port Klang Authority which, among others, are:
the size of the land being 999.5 acres or 43,538,200 sq ft
the purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000
the repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5% per annum (total RM720,014,600), and thereby dishonestly hiding the fact that the valuation by the Valuation and Property Service Department on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.
PKFZ scandal: Ex-transport minister Ling charged
Posted by Kit in Corruption, Court, PKFZ on Thursday, 29 July 2010
Former transport minister Ling Liong Sik was today charged at the Kajang Sessions Court over his involvement in the multi-billion ringgit Port Klang Free Zone (PKFZ) scandal.
Ling, 67, who is also former MCA president, is by far the most prominent politician to be nabbed in recent years.
He is charged under Section 418 of the Penal Code with misleading the cabinet between Sept 25 and Nov 6, 2002 into agreeing to purchase 999.5 acres of land on Pulau Indah for a project, that is now known as PKFZ, at a price of RM25psf on a deferred payment method for a 15-year period, at a 7.5 interest rate.
The cumulative interest paid would total at RM720 million at the end of the repayment period.
He was also ffered an alternative charge under Section 417 of the Penal Code for the same offence.
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Can Najib guarantee safety of ex-RMAF sergeant Thamendran while awaiting trial of theft of two jet-fighter engines?
Posted by Kit in Anwar Ibrahim, Corruption, Court, Defence, Law & Order, Najib Razak on Tuesday, 20 July 2010
It is another international infamy for Malaysia that former RMAF sergeant N. Tharmendran, 42, feels comparatively safer in Sungai Buloh prison while he awaits trial for the theft of two jet-fighter engines than to be out of jail.
It was only 11 days ago he was freed when he and his family successfully waged a six-month battle to reduce his RM150,000 bail to RM50,000.
It is a terrible indictment on the system of governance in Malaysia that a person should feel safer in prison custody than to be out as a free man, for fear of being abducted and tortured again by military intelligence officers, as Tharmendran had alleged that he had been previously detained and tortured by military intelligence for three weeks and the “favourite torture” was to make him wear a crash helmet where he was repeatedly hit as hard as possible.
Thamendran’s personal safety and welfare while he awaits trial for theft of two jet-fighter engines has again put national and international focus on “institutional degradation” which the New Economic Model had identified as one of the causes of Malaysia’s economic stagnation and “declining growth trajectory”.
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Another international infamy for Malaysia
Tweets:
Another international infamy for Malaysia http://bit.ly/bREG7C Ex-airman back to jail after losing protection bid
07/19/2010 06:31 PM
Where othr civilized countries a person safer in prison than outside? http://bit.ly/c2PFs6 No protection order, so ex-airman chooses jail
07/19/2010 06:38 PM
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Ex-airman back to jail after losing protection bid
By Boo Su-Lyn | The Malaysian Insider
PETALING JAYA, July 19 — Former air force sergeant N. Tharmendran is returning to prison today after losing his bid for a court protection order against Royal Malaysian Air Force (RMAF) officers he claims intend to abduct him.
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Tian Chua’s status as MP
Posted by Kit in Constitution, Court, Parliament, Twitter on Friday, 18 June 2010
Arr in Labuan w @tonypua 4DAP Labuan dinner/crmh @tianchua disqualified by RM2k fine but he has 14 days 2appeal under Art 48 of Constitution
06/18/2010 01:39 PM
Position pertaining 2 @tianchua’s parliamentary position is laid down in Art 48(4)(4) of Msian Constitution
06/18/2010 01:49 PM
As I read Art 48 Constitution it makes no difference whether fine paid or not, so long as appeal is exercised within 14 days RT @PuteraPedang @tonypua @tianchua TC didn’t bother to appeal. He already paid the penalty in full.
06/18/2010 03:26 PM
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Karpal acquitted of sedition charge – defence not called
Tweets
Prosecutor failed to establish prima facie sedition case against Karpal. He’s free! http://tweetphoto.com/26623554
Friday, June 11, 2010 3:25 PM
Great news recd in KB! Sedition charge agnst DAP National Chairman Karpal Singh dismissed by KL High Court – no defence called.
Friday, June 11, 2010 3:25 PM
Karpal acquitted – AG Gani Patail shd b censured in Parliament n Ct of public opinion 4bowing 2political pressures 2charge K 4sedition #fb
Friday, June 11, 2010 4:03 PM Read the rest of this entry »
Matthias Chang: Martyr without a cause?
By NH Chan
APRIL 11 — In the Sun newspaper of Friday, 2 April 2010 I came across this story:
Dr M’s ex-aide starts jail term for contempt
KUALA LUMPUR: Matthias Chang, former political secretary of ex-premier Tun Dr. Mahathir Mohamad, was sent to prison after he refused to pay a RM20,000 fine for contempt of court.
Chang was served the committal order by the High Court before he was taken to Kajang prison.
The lawyer was cited for contempt of court on March 25 when he failed to apologise to the court during cross-examination in his defamation suit against American Express (Malaysia).
The committal order stated: “At about 2.30pm to day (March 25) … when the court refused your request to address the court as a witness, you lost your cool and walked out of the witness box and thereafter left the court during the proceedings. Your conduct is a contempt in the face of the court by virtue of Order 52 (1A) of the Rules of the High Court.”
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Just commission public opinion poll and Najib will know whether majority of Malaysians buy his claim that Anwar’s Sodomy 2 trial is “a personal, not political trial”
Posted by Kit in Anwar Ibrahim, Court, Najib Razak, Parliament on Saturday, 20 February 2010
In rejecting my call for an emergency meeting of Parliament on Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim’s Sodomy2 trial, the Prime Minister, Datuk Seri Najib Razak does protest too much.
Najib said the Anwar Ibrahim Sodomy2 trial does not warrant a special sitting of Parliament as it is a private matter between two individuals, that it does not involve government policy and not a matter of national interest.
I challenge Najib to commission a public opinion poll and the Prime Minister will know whether the majority of Malaysians buy his claim that the Anwar Sodomy2 trial is “a personal, not political trial”.
Extend the opinion poll to all keen observers of Malaysian affairs world-wide and there can be no doubt that the overwhelming majority of opinion – whether national or international – will be of the view that the Anwar Sodomy2 trial is a political, not personal, trial!
Najib can entrust the Minister for KPI and 1Malaysia Government Transformation Programme, Tan Sri Dr. Koh Tsu Koon with the responsibility to commission such national and international opinion polls, and I have no doubt of their outcomes.
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Justice is done in by the Federal Court
Posted by Kit in Constitution, Court, Judiciary, Martin Jalleh, Perak on Wednesday, 10 February 2010
By Martin Jalleh
Once again justice is shamelessly sacrificed on the altar of political expediency by judicial shenanigans of the highest court in Bolehland. It is a sad day indeed to see how five “blind” men of supposed legal stature strove so hard not to see and sense what was staring at them in the Federal and Perak constitutions.
The judiciary – the very portal of justice continues to be reduced to a convenient playground for the ruling elite to legitimize their power grab, persecute their opponents and promote their political agenda, through the perversion of the rule of law by certain court jesters.
The Federal and Perak Constitutions are dead, done in by those who decided to disregard, desecrate and discard constitutional provisions to treat the doctrine of separation of powers with deference. They are rigorously and rightly interpreted only when it best suits Umno.
In stark comparison to the courageous, cogent and convincing judgment of High Court judge Abdul Aziz Abdul Rahim, the cowed five-member bench caved in and conveniently decided to take the cue from the powers that be.
It comes as no surprise that their “collective written judgement is apparently riddled with contradictions”.The five judges surely qualify for retired Justice N H Chan’s classic category of “recalcitrant” and “Humpty Dumpty” judges in the Perak conundrum.
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Why the prosecution of Anwar Ibrahim matters to the West
Posted by Kit in Anwar Ibrahim, Court on Monday, 8 February 2010
The Washington Post
FEB 7 – In the past two years, Malaysia, which has been a one-party state since it gained independence in 1957, has made remarkable strides toward becoming a democracy. That it has done so is mostly due to the efforts and political talent of one man – Anwar Ibrahim.
So the fact that Anwar went on criminal trial last week should deeply concern the democratic world. The outcome could determine whether one of Asia’s most economically successful countries preserves its stability and embraces long-overdue reforms.
A former deputy prime minister in the ruling party, Anwar was deposed and jailed in 1998 by former Malaysian strongman Mahathir Mohamad.
A manifestly unfair trial followed in which Anwar was convicted of homosexual sodomy, which shamefully remains a crime in Malaysia.
Six years later, the conviction was overturned by a court, and Anwar resumed his political career – this time as an open champion of democracy in Malaysia and other Muslim countries.
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