Archive for category Judiciary

Call for a common strategy by the 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak in next week’s Parliament to ensure that the first appointment of a Chief Justice from Sabah and Sarawak is not voided and by-passed

The 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak should meet before Parliament reconvenes next Monday on 24th July to work out a strategy to ensure that the first appointment of a Chief Justice from Sabah and Sarawak in the sixth decade of the formation of Malaysia should not be voided and by-passed.

The unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be exploited by those in Sabah and Sarawak who are attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition. Read the rest of this entry »

2 Comments

Call on BN Sabah and Sarawak Ministers and MPs to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia

I said at the DAP Miri’s “Bangkit Miri, Undi Harapan” 14th General Election Preparation dinner on Friday night that the unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be like “manna from heaven” and exploited by those in Sabah and Sarawak attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition.

This unconstitutional extension of the tenures of Raus and Zulkefli is totally indefensible, undermining not only the sanctity and integrity of the Malaysian Constitution and the vision of Malaysia as a federation where Sabah and Sarawak are fully integrated and not treated as step-brothers, it would also undermine the promotional opportunities and prospects of at least eight Federal Court judges, including three women!

As the most glaring injustice of the unconstitutional extension of the tenures of Raus and Zulkefli is the by-passing of the opportunity to appoint the first Chief Justice from Sabah and Sarawak in the person of Tan Sri Richard Malanjum, I call on all Barisan Nasional Ministers and MPs from Sabah and Sarawak to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia. Read the rest of this entry »

1 Comment

Extension of Raus as Chief Justice after August 3 not only unconstitutional but deny Richard Malanjum as the the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia

It must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution is receiving less and less respect from the powers-that-be, and the latest example of an incipient constitutional crisis in Malaysia is the illegal and unconstitutional extension of the tenures of Tan Sri Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively.

The extension of the tenures of Raus and Zulkefli are not only unconstitutional, but would affect the promotional opportunities and prospects of at least eight Federal Court judges, including three women.

But the most glaring injustice of the unconstitutional extensions will be the denial of the opportunity of Tan Sri Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia.

Malanjum is in fact the most senior Federal Court judge in the country, more senior than both Raus and Zulkefli.

Malanjum is the first Sabah bumiputra to be appointed a High Court judge, and the first Sabahan to be elevated as a Judge of the Court of Appeal and Federal Court , the apex court of the country, in 2005 at the age of 52. Read the rest of this entry »

1 Comment

Extension of Raus as Chief Justice after August 3 not only unconstitutional but deny Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia

It must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution is receiving less and less respect from the powers-that-be, and the latest example of an incipient constitutional crisis in Malaysia is the illegal and unconstitutional extension of the tenures of Tan Sri Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively.

The extension of the tenures of Raus and Zulkefli are not only unconstitutional, but would affect the promotional opportunities and prospects of at least eight Federal Court judges, including three women.

But the most glaring injustice of the unconstitutional extensions will be the denial of the opportunity of Tan Sri Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia.

Malanjum is in fact the most senior Federal Court judge in the country, more senior than both Raus and Zulkefli. Read the rest of this entry »

No Comments

If there is a secret ballot among the hundred-odd judges in the three tiers of judiciary, the overwhelming majority will uphold the constitution and support the position that it is unconstitutional to extend the tenures of Chief Justice and Court of Appeal President

Thanks to the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman Said for admitting clearly that the appointment of Chief Justice Tan Sri Md Raus Sharif and the Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin as additional judges so that they can continue as the two top judges in the country were made on the advice on Tun Arifin Zakaria on March 30, his last day as Chief Justice before his retirement.

Article 122(1A) in the Federal Constitution has not been complied with in the appointment of Raus and Zulkefli as as “additional judges”, unless the Chief Justice in office at the time of the appointment had also advised the Yang di Pertuan Agong on the matter.

Raus is the Chief Justice at present. Did he advise the Yang di Pertuan Agong on the appointment of himself and Zulkefli as “additional judges” under Article 122(1A) of the Federal Constitution, which reads: Read the rest of this entry »

2 Comments

Was Shafee involved in former Chief Justice Arifin’s advice for the unconstitutional appointment of Raus and Zulkefli as “additional’” judges after the duo’s compulsory retirement to unconstitutionally extend their tenures as the two top judges in the land

Opposition leader Datuk Seri Anwar Ibrahim threw a bomb from Sungai Buloh Prison when he questioned if prominent lawyer Tan Sri Muhammad Shafee Abdullah was involved in the extension of Chief Justice Tan Sri Md Raus Sharif and Court of Appeal President Justice Tan Sri Zulkefli Ahmad Makinudin’s respective tenures.

I full agree that if this is true, the Prime Minister Datuk Seri Najib Abdul Razak should come clean on the matter.

This will put Shafee’s comments on the constitutional controversy over the extension of Chief Justice and Court of Appeal President in a very different light – making Shafee’s comments most self-serving and lacking in the candour and professionalism expected of a senior and prominent lawyer. Read the rest of this entry »

4 Comments

Pathetic, with Shafie as the lone voice against the tide of informed opinion and putting up his worst defence ever for the unconstitutional extension of Raus and Zulkefli for the top two judicial posts in the country

It is most pathetic, with controversial senior lawyer Tan Sri Muhammad Shafee Abdullah as the lone voice against the tide of informed opinion and Shafee putting up his worst defence ever for the unconstitutional extension of the tenures of Chief Justice Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin through the backdoor of Article 122(1A) of the Federal Constitution to appoint additional judges.

Just because Shafee got up at 5 am today and first saw the announcement is no testimony for the constitutionality of the extension of the tenures of the Chief Justice and the Court of Appeal president, which were in fact aggravated by the unconstitutional use of Article 122(1A) as a backdoor for such unconstitutional extensions – making the extensions of Chief Justice Rauf and Tan Sri Zulkefli for the top two judicial posts as doubly unconstitutional!

Shafee begs the question when he said:

“Almost everyone thought Raus recommended himself and Zulkefli to be extended as ‘additional’ judges under Article 122(1A) of the Federal Constitution. He did not.” Read the rest of this entry »

1 Comment

Late-night announcement of appointment of Raus Sharif as “additional judge” and extension of tenure as chief justice for another three years unprecedented and unconstitutional – plunging Malaysia into new constitutional crisis

The late-night announcement of appointment of Tan Sri Raus Sharif as “additional judge” to remain as Chief Justice for another three years is unprecedented and unconstitutional and has plunged Malaysia into a new constitutional crisis.

Late night announcements seem to have become a new modus operandi of the Najib premiership – as another late-night announcement last night was the Prime Minister, Datuk Seri Najib Razak’s statement firing a ferocious salvo against former Prime Minister, Tun Dr. Mahathir Mohamad.

My statement on Wednesday on the three questions troubling judges, lawyers, legislators and informed Malaysians for some time may have expedited the late-night announcement last night on the illegal and unconstitutional appointment of Chief Justice Md Raus Sharif as an “additional judge” and extension of his tenure as Chief Justice for another three years. Read the rest of this entry »

2 Comments

Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice at the pinnacle of the judiciary is swirling in the minds of judges, lawyers, legislators and informed Malaysians for some months.

They are:

• Will the country have an illegal and unconstitutional Chief Justice after August 3, 2017?

• Will a new constitutional crisis blow up in the face of Parliament during its three week July/August meeting from 24th July to 10th August with the appointment of an illegal and unconstitutional Chief Justice?

• Will the country be celebrating the 60th National Day anniversary and the1957 Merdeka Constitution with a most serious assault on the sanctity and integrity of the fundamental provisions in the 1957 Merdeka Constitution on the doctrine of separation of ;powers and the independence of the judiciary? Read the rest of this entry »

2 Comments

When major national institutions go “rogue” and refuse to perform their key functions, Malaysians regardless of race, religion or region must stand up to unite as patriotic Malaysians to Save Malaysia from becoming a “rogue” state

When major national institutions go “rogue” and refuse to perform their key fundamental functions, Malaysians regardless of race, religion or region must stand up to unite as patriotic Malaysians to Save Malaysia from becoming a “rogue” state.

Recent days have seen many of the major national institutions abdicating their fundamental duties, which was one reason why former Prime Minister, Tun Mahathir Mohamad said at a forum last night that the country would see better progress without current Attorney-General Tan Sri Mohamad Apandi Ali.

Only a day earlier, the Swiss attorney-general Michael Lauber expressed confidence that the money-laundering probe into the scandal-hit Malaysian fund 1MDB by the Swiss Office of Attorney-General (OAG) would bear fruit despite Malaysian authorities’ refusal to cooperate.

Lauber told a news conference “”It’s not hopeless, in fact it’s the opposite”, saying the probe was making progress based on money-laundering reports, bank documents and work with Singapore and other countries. Read the rest of this entry »

3 Comments

10 areas where a “Malaysia Reset” must be undertaken, but only if Najib, UMNO and BN are toppled in the 14GE

Fifty one years ago, when the DAP was formed, nobody would have expected that we would be so strong, confident and even formidable as evidenced by the high-spirited turn-out of DAP leaders and activists from the various parliamentary constituencies in Penang for the launch of the Penang DAP election machinery for the next general election today – all ready for the great electoral battle in the 14GE, expected to be held in September this year.

If the recent publicity offensives of the UMNO/BN leaders, propagandists and cybertroopers are to be believed, DAP should today be a very disunited, dispirited and diffident party in the midst of a national crisis and on the verge of disintegration and disaster – and we would never have been able summon such a large turnout of highly-spirited and highly-motivated DAP leaders and activists all ready for the 14GE, whenever it is held.

In the first general election contested by DAP in 1969, DAP secured 286,000 votes which was increased six times to 1.7 million votes in the 2013 General Election, which was one-third of the total of 5.6 milllion votes secured by Pakatan Rakyat, while the UMNO/Barisan coalition secured only a minority popular vote of 47%.

This is not a record of a political party on the verge of disaster, disintegration or decline, but a party which has reasons to be confident of achieving greater political changes in Malaysia because of the strong and sustained support of Malaysian voters.

This year Malaysians will be celebrating our 60th National Day to commemorate the nation’s attainment of Independence on August 31, 1957.

In the past six decades, Malaysia failed to live up to the promises of Merdeka in 1957 for the country to be an example and showcase to the troubled world as to how diverse races, languages, religions, cultures and civilisations could successfully co-exist and integrate to build a united, harmonious, purposive, democratic, just, progressive and prosperous nation.

The 60th National Day anniversary is a fit and proper moment for the nation to undertake a “Malaysia Reset” movement, where we keep policies and measures which had done good to the country but correct or even abandon policies and measures detrimental to the nation or which had damaged the nation building process. Read the rest of this entry »

2 Comments

DAP stands fully united in support of the government to resolve the crisis with North Korea

DAP stands fully united in support of the government to resolve the crisis with North Korea and the safe return of the nine Malaysians who are barred from leaving North Korea amidst the diplomatic row between the two nations.

Both North Korea and South Korea are presenting important lessons for Malaysia.

The lesson we must learn from the diplomatic crisis with North Korea is that Malaysians must stand united in support of the government’s dealings with foreign countries, as we must not give foreign countries any opportunity to exploit any internal differences for their benefit.

The lesson we must learn from the political crisis in South Korea following the impeachment of the South Korean President Park Geun-hye by the unanimous decision of eight judges of the Constitutional Court is quite different – that Malaysia must always uphold the rule of law and the sanctity of the Constitution if the country is not to be plunged into any political chaos. Read the rest of this entry »

No Comments

Best way to honour former Court of Appeal judge N.H. Chan is to fully restore the rule of law and a truly independent judiciary

This morning, accompanied by the DAP Perak Chairman Nga Kor Ming (MP for Taiping/Assemblyman for Kepayang) and DAP Perak Secretary, Wong Kah Woh (Perak State Assemblyman for Canning), I paid my last respects to a towering Malaysian and a great judge, former Court of Appeal judge, Datuk N.H. Chan.

Yesterday, I had made reference to Chan’s death when I said in my media statement:

“Yesterday, the country lost a great judge with the passing of former Court of Appeal judge, Datuk N. H. Chan, 81, in Ipoh. He will be remembered for his courageous judgement in the Ayer Molek case, with the Shakespearean quote that “Something is rotten in the State of Denmark” as the judiciary was housed in a building called ‘Wisma Denmark’.

“It was an era of ‘judge shopping’ as alleged in the infamous Ayer Molek case. Lawyers, especially those involved in commercial cases, were found to have filed their cases in a manner which allowed them to manipulate their way to appear before their preferred judges.”

“N.H. Chan was a towering Malaysian.”

I suggested that as an appreciation of his contributions to nation-building, the Cabinet should decide on the retrospective bestowal by the Yang di Pertuan Agong of the honour of “Tan Sri” on former Justice N.H. Chan. Read the rest of this entry »

No Comments

14th GE likely to be after 60th National Day celebrations in September as Najib would want to secure a first conviction for Guan Eng to disqualify him from standing as a candidate for next general election and to stop him from continuing as Penang Chief Minister

With the news that the Penang High Court had fixed 34 days next year for the corruption trial of DAP Penang Chief Minister, Lim Guan Eng, most Malaysians would have wondered how many days would have to be set aside if the Prime Minister, Datuk Seri Najib Razak had been charged locally for kleptocracy for the multi-billion dollar international 1MDB embezzlement and money-laundering scandal which is the subject of investigations in at least six countries, including Switzerland, Singapore, Abu Dhabi and the United States.

When Guan Eng was subjected to a three-day interrogation spanning some 23 hours by the Malaysian Anti-Corruption Commission (MACC) in May this year in connection with the corruption allegations about the discount over his RM2.8 million bungalow, it was calculated that if Najib had been given the same MACC treatment as Guan Eng for his RM4.2 billion “donation” scandal, the Prime Minister would be questioned for over 12 years by the MACC.

This is because Najib’s RM4.2 billion “donation” scandal is 1,500 times greater than Guan Eng’s RM2.8 million bungalow allegation, and if Najib is given the same MACC treatment as Guan Eng where the Penang Chief Minister was questioned for three days, Najib will have to be questioned 1,500 x 3 days, yielding 4,500 days. This works out to 12.3 year! Imagine Najib going in and out of MACC office to be questioned for 12 years and four months, from wake-up in the morning to retirement for sleep at night, and doing nothing else!

Similarly, if 34 days are set aside for Guan Eng’s corruption trial, then 34 x 1,500 = 52,500 days (or 143.8 years or more than two lifetimes for Najib) would have to be set aside if there is a kleptocracy trial for Najib in a Malaysian court!

The dates set for Guan Eng’s corruption trial are an important indicator for the 14th General Election as Najib would want to secure a first conviction for Guan Eng to disqualify him from standing as a candidate in the 14th general election and to stop him from continuing as Penang Chief Minister. Read the rest of this entry »

No Comments

Support for the appointment of Malanjum as the next Chief Justice, creating history as the first from Sabah/Sarawak to head the Malaysian judiciary in half a century

I support the proposal by the Sarawak PKR chairman Baru Bian for the appointment of Tan Sri Richard Malanjum, the Chief Judge of Sabah and Sarawak for over a decade since July 2006, as the next Chief Justice.

This will create history as Malanjum will be the first Malaysian from Sabah/Sarawak to head the Malaysian judiciary in half a century.

The present Chief Justice, Tun Arifin Zakaria will end his tenure in March next year after it was extended from October 1 this year.

Malanjum holds the distinction as the longest-serving judge, whether of High Court, Court of Appeal or Federal Court in the country. Read the rest of this entry »

No Comments

We deserve a Malaysia where Aminulrasyid, Kugan, Teoh Beng Hock and even Justice Singham do not become victims of injustices of an unfair and iniquitous system

The Save Malaysia People’s Congress in Shah Alam yesterday attended by some 2,000 people of all races, religions and political affiliations was a vote of confidence by the people of Malaysia in the future and salvation of Malaysia.

As I said at the beginning of my speech at the People’s Congress yesterday, the Tuns, Tan Sris, Datuk Seris, Datuks and ordinary men and women who gathered at the People’s Congress from various parties, NGOs as well as NGIs, are not “bad hats”, trouble makers, anti-national elements or traitors, but loyal and dedicated Malaysian patriots who love the country deeply and do not want Malaysia to hurtle down the slope of a failed and a rogue state.

Despite our differences – and there can be no greater differences between the former longest-serving Prime Minister for 22 years, Tun Dr. Mahathir Mohamad and myself spanning more than four decades – the 2,000 people who gathered in Shah Alam were united by one common noble and patriotic purpose, to save Malaysia, the country we love deeply and owe undivided loyalty, from continuing to be a land of injustices but could begin to fulfill the promises of the Malaysian Dream where Malaysia can punch above our weight in international community because of our accomplishments and achievements of various fields of human endeavor – political, economic, respect for human rights, good governance or nation building of a plural society of diverse races, languages, religions and cultures.

The events of the last few days have brought to the fore the tragic cases of 14-year-old Aminulrasyid Amzah, V. Kugan and Teoh Beng Hock – the Shah Alam High Court award of RM414,000 as damages to the family of Aminulrasyid Amzah’s family for the unjustified police shooting and killing of the teenager in Shah Alam in April 2010, the death of former High Court judge V.T. Singham reminding Malaysians of his courageous judgement in the case of A. Kugan’s death in police custody, and the high-powered campaign to accuse and tar DAP Secretary-General and Penang Chief Minister Lim Guan Eng with the allegation of corruption for the RM2.8 million bungalow purchase, raising the question of the independence and professionalism of the Malaysian Anti-Corruption Commission in high-profile political cases. Read the rest of this entry »

1 Comment

Farewell to a Fearless, Forthright & Fiercely Independent Judge!

By Martin Jalleh

No Comments

Bersih 4 t-shirt ban underestimates people’s wisdom

Khoo Ying Hooi
The Malaysian Insider
22 February 2016

Last week, the Shah Alam High Court upheld the government’s decision to ban Bersih 4 t-shirts and related printed materials. The decision comes after Bersih 4 organisers filed a judicial review against the government’s ban on the yellow Bersih 4 t-shirts.

In his judgment, Judge Datuk Mohd Yazid Mustafa said that the order by Home Minister Datuk Seri Ahmad Zahid Hamidi was valid, as the minister had the discretion to make such decisions on the basis of preserving the peace in a multi-racial country like Malaysia.

I quote, “The minister has taken the relevant consideration in making the said order. I take judicial notice that Malaysia is multi-racial and multi-religious, thus puts a heavy responsibility to the minister to maintain and preserve peace, notwithstanding the Federal Constitution confers rights of assembly (and) freedom of expression.

“However, the national interest needs to be jealously guarded. Indeed, the prime consideration to safeguard the public order, security and peaceful, are at the hands of the executive.”

This decision is disappointing for one reason – how could we possibly reach the stage where wearing a t-shirt with the label of Bersih 4 is considered illegal with the potential to cause public disorder? Read the rest of this entry »

3 Comments

Who are you bluffing, Apandi?

In his 2016 New Year Message, the Prime Minister, Datuk Seri Najib Razak said his RM2.6 billion donation and RM55 billion 1MDB twin mega scandals had been resolved and were no more issues in the country.

How wrong the Prime Minister had been.

Every day since the New Year’s Day for the past week, Najib’s twin mega scandals had hogged the news headlines, and there was not a single day when there were no multiple news items on the issue, especially on the Internet.
In fact, no other news story in the country could compete with Najib’s twin mega scandals in terms of their daily coverage, durability and newsworthiness.

It is not for nothing that Najib’s twin mega scandals were the reasons why Malaysia was ranked third for the world’s “worst corruption scandals in 2015” by ForeignPolicy website of Washington Post.

Najib’s twin mega scandals have repeatedly made history, though not of the sublime or honourable kind. Read the rest of this entry »

3 Comments

Dissipating Malaysia’s ‘big risks’

by Gurdial Singh Nijar
The Malaysian Insider
7 January 2016

As we usher in the New Year, it is time to reflect on the state of the nation – our hopes and our disappointments. We have much to be thankful for. After all, our nation is certainly not a seething cauldron of instability.

But at the same time there are disturbing trends, which if left to run their course makes for deep concern.

In this context I was reflecting on a piece by the conservative UK-based Economist magazine (“Stick-in-the-mud”, December 5, 2015). Read the rest of this entry »

2 Comments