Archive for category Judiciary
People’s hope in the judiciary has been misplaced
Posted by Kit in Constitution, Judiciary, Perak on Friday, 6 March 2009
by P Ramakrishnan
President
Aliran
Confronted by crisis in Perak, the people had reason to believe that the judiciary would be our last hope for justice to prevail. That hope is apparently misplaced. What a disappointment that proved to be!
It is difficult to believe or accept the decision of the Judicial Commissioner, Ridwan Ibrahim. To say the least, Malaysians are shocked into disbelief by his verdict. Technicalities were used to prevent a fair trial and counter arguments to help the judge to arrive at a sound decision. In this instance we are reminded of Aeschylus who said, “Wrong must not win by technicalities.” But that was what happened in the Ipoh High Court on 3 March 2009. It is a matter of grave disappointment to all of us.
To begin with, his decision to hear the case in chambers – not withstanding his discretionary powers – came as a complete surprise to the nation. Knowing that the entire country is very concerned with what is happening in Perak, the appropriate thing would have been to hear the case in open court as requested by senior lawyer, Tommy Thomas, representing the Speaker of the Perak Assembly. This fair request was denied.
What is at issue in this instance concerns every Malaysian and they have a right to know what persuasive arguments have been presented to support this case that has been brought to the Ipoh High Court by Zambry and others. We have a right to know what prevailed upon the Judicial Commissioner for his decision. Now, we will never know what transpired in the chambers. Read the rest of this entry »
Rulers can be sued – are judges, lawyers, law professors/lecturers to be charged for treason?
Posted by Kit in DAP, Judiciary, Law & Order on Thursday, 12 February 2009
The police questioned DAP National Chairman Karpal Singh for two hours yesterday in connection with 89 reports which had been lodged against him nationwide for being disrespectful to the Sultan of Perak over the most simple proposition – that rulers in Malaysia’s system of constitutional monarchy can be taken to court in their official capacities.
This is the height of nonsense in the police and the Home Ministry!
Are all the law professors and lecturers in the Malaysian universities and colleges going to be questioned by the police for the crime of treason for teaching their students that rulers can be sued in court for their official capacities?
Are all the judges and the lawyers in the country going to be charged for treason for holding that rulers can be sued in their official capacities?
The Home Minister, Datuk Seri Syed Hamid Albar and the Inspector-General of Police, Tan Sri Musa Hassan should be fully aware of this simple legal proposition or they are simply not fit to continue for a single second in their high positions and in Hamid’s case, everyone must wonder how he got his law qualifications in the first place! Read the rest of this entry »
MACC/JAC Bills – don’t count chickens before they are hatched
Posted by Kit in Corruption, Judiciary, Parliament on Thursday, 18 December 2008
The Prime Minister, Datuk Seri Abdullah Ahmad Abdullah should not count the chickens before they are hatched as he did yesterday following the passage of the Malaysian Anti-Corruption Commission (MACC) and Judicial Appointments Commission (JAC) Bills when he indulged in the following hyperbole:
MACC – “They (foreign investors) will know there is no corruption or very little of it”; and
JAC – “we will bring back the confidence of the public in the judiciary”.
As I said during the debates on the MACC and JAC Bills, nobody in Government really believe
(i) that the MACC could check the rot of corruption in the country and catapult Malaysia into the stratosphere among the world’s ten or twenty least corrupt nations, with the MACC able to rival the Independent Commission Against Corruption (ICAC) in Hong Kong or the Corrupt Practices Investigation Board (CPIB) in Singapore; and
(ii) that the JAC could fully restore national and international confidence in the independence, impartiality and integrity of the judiciary after two decades of erosion and devastation or even to prevent in future the repetition of controversial appointments like the Zaki Azmi appointment as Chief Justice. Read the rest of this entry »
JCA Bill cannot be supported – gives notice to vote againt SSB Bill
Posted by Kit in Judiciary, Parliament on Wednesday, 17 December 2008
The year 2008 is coming to an end. I remember that I had described 2007 as an “annus horribilis” in my 2008 New Year message on 31st December last year.
Malaysians had heaved a sigh of relief at the end of 2007, a year which had opened with such great promise as it was to celebrate the 50th Merdeka anniversary of the nation.
But 2007 proved to be an “annus horribilis” (a horrible year) for Malaysians.
Despite the 50th Merdeka anniversary costing over RM100 million of taxpayers’ money in public celebrations, 2007 proved to be one of the most divisive and troubled year in the half-a-century of Malaysia’s nationhood as well as one of great disappointment as the Prime Minister, Datuk Seri Abdullah Ahmad Badawi failed in his four-year report card to fulfill the great pledges of reform for which he was given the landslide historic 2004 general election victory in winning over 91 per cent of the parliamentary seats.
The result is the March 8 political tsunami in the last general election nine months ago and the belated promise by Abdullah to fulfill at least three reform pledges before he steps down as Prime Minister in March.
Yesterday, DAP and Pakatan Rakyat MPs supported the passage of the Malaysian Anti-Corruption Commission (MACC) Bill with great reservations and considerable unhappiness, as nobody in government is really convinced that when the bill is implemented, the MACC can rival the Independent Commission Against Corruption (ICAC) of Hong Kong or Corrupt Practices Investigation Bureau (CPIB) or that Malaysia will catapult to be among the world’s ten or second least corrupt nations in the world from the lowly 47th place in the 2008 Transparency International (TI) Corruption Perception Index. Read the rest of this entry »
MACC and JAC Bills – postpone second reading from 4-6 weeks to allow fuller study/greater consensus by concerned stakeholders
Posted by Kit in Corruption, Judiciary, Parliament on Sunday, 14 December 2008
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi wants to fulfill three reform pledges on anti-corruption, restore the independence of the judiciary and establish an efficient and professional world-class police service before he steps down from office next March.
Tomorrow, Parliament is slated to start debate on the first of two of these reforms, the Malaysian Anti-Corruption Commission (MACC) Bill and the Judicial Appointments Commission (JAC) Bill.
DAP, just like the other component parties in Pakatan Rakyat, would want to give as much support as possible to ensure the accomplishment of these three reforms. However, we cannot give blanket support or endorse proposals which are inimical to these reform objectives.
MPs saw the MACC and the JAC Bills only on Wednesday and there have been increasing concerns and reservations about the provisions in these two Bills as to whether they would be able to further the objectives of having a truly independent anti-corruption body to spearhead an all-out war against corruption and the restoration of the independence, impartiality and integrity of the judiciary.
I have given notice to move five amendments to the MACC to provide greater fire-power in the battle against corruption, strengthen the independence of the MACC from the Executive and reinforce the oversight powers of Parliament. Read the rest of this entry »
MACC and JAC Bills – both fall far short of expectations and promise of anti-corruption and judicial reforms
Posted by Kit in Corruption, Judiciary, Parliament on Thursday, 11 December 2008
The Malaysian Anti-Corruption Commission (MACC) and Judicial Appointments Commission (JAC) personally presented in Parliament for first reading yesterday by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi both fall far short of expectations and the promise of anti-corruption and judicial reforms.
The 15th anniversary today of the Highland Towers tragedy in 1993 which killed 48 people and over 1,000 people were made homeless, preceded five days ago by the Bukit Antarabangsa landslide disaster which killed four, with one missing while displacing some 5,000 people, should serve as wrenching reminders of the necessity for urgent and meaningful anti-corruption and judicial reforms.
Even the mainstream New Straits Times yesterday editorialized that “Everything from the loss of faith in national institutions, as measured in both the electoral vote and the rising crime rate, to the catastrophic failure of developed hill slopes seems at least partly attributable to the corrosion of corruption – of corners cut, blind eyes turned, and money paid for benefits unseen”.
The New Straits Times editorial could have cited as another recent example of the far-reaching consequences of the corrosion of rampant corruption – the road carnage in the express bus North-South Expressway (NSE) crash in Tangkak which killed 10 and injured 14 on Sunday. Read the rest of this entry »
Najib, 3 UMNO DP and 8 UMNO VP candidates – declare stand whether support Abdullah “reform” legislation
Posted by Kit in Abdullah Ahmad Badawi, Corruption, Judiciary, UMNO on Sunday, 7 December 2008
Former Prime Minister Tun Dr Mahathir Mohamad has utter contempt for his successor Datuk Seri Abdullah Ahmad Badawi, pouring scorn on Abdullah’s promises to push through reform before he steps down in March next year – particularly the bills to establish the Malaysian Anti-Corruption Commission (MCAC), reputedly patterned after Hong Kong’s Independent Commission Against Corruption (ICAC), and the Judicial Appointments Commission (JAC).
Writing in his blog, Mahathir noted sarcastically that “after failing to implement any of the promises made in the 2004 or 2008 elections, it looks like nothing is being done either with regard to the promise to carry out a variety of so-called reforms” before Abdullah steps down as Prime Minister in March 2009.
It would appear that Mahathir is privy to information not generally known to the Malaysian public, that forces are at work to frustrate and roll back any reform legislation on anti-corruption and an independent judiciary which Abdullah had promised to present to Parliament next week.
I will not be surprised if Mahathir is hands-in-glove with these reactionary UMNO forces to undermine and even roll back any reform legislation to be proposed by Abdullah in Parliament next week. Read the rest of this entry »
UMNO top leadership opposing Abdullah’s reform bills for anti-corruption and judiciary?
Posted by Kit in Corruption, Judiciary, Parliament, UMNO on Saturday, 6 December 2008
With the end of the 31-day debate on the 2009 Budget last Thursday, the focus of the last six sittings of the current budget meeting ending on December 18 will be on two of the three reform measures which the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, had promised to accomplish before he steps down from office next March.
These are the Bills to establish the Malaysian Anti-Corruption Commission (MCAC), reputedly patterned after Hong Kong’s Independent Commission Against Corruption (ICAC) and the Judicial Appointments Commission.
As I have not sighted either of the bills, I am unable to comment intelligently on them.
However, it is evident that both these “reform” bills have evoked considerable opposition in UMNO circles, reaching to very high evels of the Umno leadership.
It would appear that there are powerful Umno circles who are uncomfortable with any measures to create a more independent agency with a bit more bite to fight corruption, especially as the ongoing Umno party elections is mired in the worst money politics and corruption in the party history. Read the rest of this entry »
Irene’s triumph after 13-year ordeal – two measures to give full meaning
Posted by Kit in Human Rights, Judiciary, Labour on Tuesday, 25 November 2008
Irene Fernandez has finally triumphed and been vindicated after a 13-year ordeal with the Sword of Damocles of a disenfranchising prison sentence hanging over her head for doing her duty to uphold truth and justice – the publication of the memorandum “Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres” in 1995.
I had highlighted Irene’s expose of the torture, ill-treatment and deaths in the immigrant detention centres.
Instead of thanking her for revealing the truth of the shocking conditions in the detention centres, Irene was arrested and prosecuted under Section 8A (1) of the Printing Presses and Publications Act 1984 for publishing “false news”.
Irene’s acquittal is not the result of any change of heart or reformist impulse in the system of justice, whether involving the Attorney-General’s Chambers or the judiciary, but because of sheer incompetence and ineptitude in the system of justice after a grave miscarriage of justice in the charging of Irene 13 years ago. Read the rest of this entry »
PAC should investigate into RM50 million Pempena scandals and the role of 2 Ministers/3 Pempena Chairmen during the period
Posted by Kit in Good Governance, Judiciary, PKFZ, Tourism on Friday, 21 November 2008
The Public Accounts Commtitee (PAC) should investigate into the RM50 million Pempena scandals and the role of two Ministers and three Pempena Chairmen during the period, Datuk Seri Tengku Adnan Tengku Mansor, Datuk Seri Azalina Othman, Datuk Kee Phaik Chin, Datuk Chor Chee Heung and Datin Paduka Chew Mei Fun in the sorry tale of the multi-million ringgit fraud and criminal breach of trust of tourist promotion projects.
Current Pempena Sdn. Bhd executive chairman Chew Mei Fun convened a special media conference on Wednesday to declare that she would not answer and was not responsible for the RM50 million Pempena Group of Companies as what she wanted was to “focus on revamping the company”.
However, Chew has still to explain whether it is true that she was appointed to her RM10,000-a-month position in Pempena in mid-May but her appointment was backdated to April 1, 2008 – and whether she would return some six weeks’ pay as Pempena Chairman when she had not yet taken up the position.
Furthermore, Chew must explain why she had failed as Pempena executive chairman as she was unable to answer a simple question at the media conference whether “heads will roll” and action will be taken against those in the Tourism Ministry for the tens of millions of ringgit of losses because of fraud and criminal breach of trust.
Chew’s inability to give a simple answer whether those responsible for the RM50 million Pempena scandals would be held accountable is all the more inexcusable from the perspective of competence, accountability and integrity as the internal audit report exposing the financial irregularities, criminal breach of trust and fraud in the various Pempena Group of Companies had been completed and been in her hands for over three months. Read the rest of this entry »
Ronnie Liu charged – third political trial after 308 political tsunami
I was at the Petaling Jaya Magistrate’s Court 3 where DAP Selangor State Exco member Ronnie Liu was charged with a new-fangled offence – abetting in the obstruction of a public officer in the carrying out of his duty without the alleged principal offender being charged.
If convicted, Ronnie will be liable to the penalties of the parent charge of Section 186 of the Penal Code on obstruction of a public officer in carrying out his duties, i.e. RM10,000 fine, two years jail or both. This can lead to forfeiture of Ronnie’s position as Selangor State Assemblyman and Exco member and disqualification from standing for any elective office for five years.
Ronnie’s charge is the third political trial after the March 8 political tsunami, after blogger Raja Petra Kamaruddin for criminal defamation and sedition and Datuk Seri Anwar Ibrahim for sodomy.
Clearly, the Barisan Nasional leaders have neither heard the message nor learn the lessons of the March 8 “political tsunami” which, in the relevant case, is that there should be no more political trials in the country. Read the rest of this entry »
“Bastard in the House” (2) – “Spoilt brats” running BNBBC
Posted by Kit in Judiciary, Parliament on Friday, 14 November 2008
The latest tantrum by the Chairman and Deputy Chairman of the Barisan Nasional Backbenchers Club (BNBBC) breathing fire and brimstone against the formation of the Parliamentary Caucus on the Integrity and Independence of the Judiciary is most unseemly but typically characteristic of the BNBBC since it was taken over by leaders who had conducted themselves not very different from “spoilt brats”.
In the previous Parliament, when the BNBBC was helmed by Datuk Shahrir Samad (now Domestic Trade and Consumer Affairs Minister), there was class, quality and a palpable commitment to parliamentary integrity, excellence and professionalism but which got Shahrir into trouble when he stood up in Parliament to support my motion to refer a Barisan Nasional MP to the Committee of Privileges over the “One-Eye Closed” episode.
Even when the BNBBC was subsequently taken over by the then Larut MP, Dato’ Raja Ahmad Zainuddin bin Raja Haji Omar (who is now back as Perak State Assemblyman), utmost efforts were made by the BNBBC to maintain parliamentary standards.
All these commendable benchmarks went down the drain in the present Parliament after the March 8 “political tsunami”, when a new BNBBC leadership took over and nobody has done more than the present BNBBC Chairman and Deputy Chairman to bring shame, dishonour and disrepute to Parliament.
The greatest “achievement” and scandal of this BNBBC leadership is its Taiwain “agricultural study tour” for BN MPs to foil a “916 sky-change” – but no BNBBC official could answer my simple question during the 2009 Budget debate on October 15 what lessons they have learnt from their Taiwan trip to explain why Taiwan, which was poorer and more backward than Malaya when we achieved independence in 1957, had shot forward to become a more advanced and richer country while Malaysia had been losing out to one country after another in the past half-century, whether to Taiwan, Singapore, Hong Kong or South Korea, and is in danger of losing out to even more countries like Thailand, Vietnam and even Indonesia?
Can Zaki prove doubters wrong about his suitability as CJ?
Posted by Kit in Corruption, Judiciary on Sunday, 9 November 2008
The announcement by the newly-appointed Chief Justice, Tan Sri Zaki Tun Azmi, who as a lawyer had represented Umno, that he would as far as possible avoid hearing cases involving the political party (or as Star headlined “No Umno cases for now”) is a step in the right direction to disprove doubters wrong about his suitability as the No.1 in the judiciary.
This is however only a small beginning if Zaki is to dispel all the doubts even the most non-partisan in Malaysia entertain about his controversial appointment as Chief Justice.
Public disappointment at the appointment of Zaki as Chief Justice had been most palpable especially as the the Prime Minister, Datuk Seri Abdullah Ahmad Badawi had promised judicial reform to top his final short-list of three reforms before stepping down from office next March – but Zaki’s appointment as Chief Justice was made in disregard of the spirit of judicial reform and there was no consultation whatsoever with the major stakeholders in the country, whether Bar Council, MPs or the civil society.
As I had said before, MPs who had grave reservations about Zaki’s fast-track appointment as Chief Justice had two options after his elevation: firstly to invoke Article 127 of the Constitution to move a substantive motion in Parliament with the support of at least one-quarter of Members of Parliament, i.e. 55 MPs to discuss Zaki’s appointment; or two, to give Zaki the opportunity to acquit himself and prove that he is capable of taking full account of the widespread reservations about his appointment to the process to restore public confidence in the independence, impartiality and integrity of the judiciary after two decades of judicial darkness.
I belong to the latter category and I will like to see Zaki proving all the doubters of his appointment wrong. Read the rest of this entry »
Two recently-retired corrupt judges – ACA must start investigations from CJ Zaki
Posted by Kit in Corruption, Judiciary on Saturday, 8 November 2008
The new Chief Justice, Tan Sri Zaki Azmi’s revelation of two recently retired judges who were suspected to be corrupt is shocking not because of the admission of rotten apples in the judiciary but only that it was made publicly in so specific a fashion for the first time.
That there are corrupt judges in the judiciary has long been an open secret, which had been more than amply proved by the “correct, correct, correct” Royal Commission of Inquiry into the V.T.Lingam videotape. Read the rest of this entry »
Abdullah would fail in judicial reforms if original Article 121(1) not restored
Posted by Kit in Judiciary, Parliament on Friday, 7 November 2008
The parliamentary reply of the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, yesterday on judicial reforms and the RM10.5 million ex gratia payment to six judges who were victims of the 1988 “Mother of all judicial crisis for two decades” has raised more questions.
Firstly, Nazri most irresponsibly tried to rewrite history about the 1988 “Mother of all judicial crisis for two decades” when he denied that the judges, particularly the then Lord President Tun Salleh Abas and two supreme court judges the late Tan Sri Wan Suleiman Pawanteh and Datuk George Seah were “sacked” , saying that they were asked to “retire early”.
Nazri was flying in the face of facts of history in making such a claim, for there can be no dispute that Salleh Abas, Wan Suleiman and George Seah were sacked after the outcome of the two “kangaroo” judicial tribunals set up by the then Prime Minister, Datuk Seri Dr. Mahathir Mohamad time, while the other three judges, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohd Salleh and the late Tan Sri Eusoffe Abdolcadeer were victimised when they were suspended and virtually “sent to conventry” for the rest of their judicial service after their suspension was lifted. Read the rest of this entry »
Of Pretentious Promises, Parachuting Promotions & Pressured Praise
Posted by Kit in Abdullah Ahmad Badawi, Judiciary, Martin Jalleh on Thursday, 6 November 2008
by Martin Jalleh
The Palace of Justice has a new “prince” – Zaki Tun Azmi. He was promptly sworn in as Chief Justice (CJ) soon after the Conference of Rulers went through the procedural motions and provided consent to his extraordinary elevation.
His Lordship had leap-frogged from the legal profession into the Federal Court last September. Two months later he was proclaimed Court of Appeal (CoA) president. Now (almost a year later) he is proudly perched on the highest post in the judiciary.
Zaki’s political “parachuting” has no precedent. But be not perturbed. Did not the PM promise (especially after his party had quickened his passage into the sunset) that he would produce profound changes in the judiciary?
Indeed, before he packs his bags and participates fully in Umno’s early retirement plan for him, Pak Lak would prove to the whole of Bolehland that he still has the penchant to produce the very opposite of what he initially promises. Read the rest of this entry »
Even more imperative Najib submit himself to RCI to clear him of all allegations from murder to corruption
Posted by Kit in Crime, Judiciary, Najib Razak on Saturday, 1 November 2008
Shah Alam High Court judge Datuk Mohd Zaki Md Yasin yesterday acquitted political analyst Abdul Razak Baginda of the charge of abetment in the murder of Mongolian Altantuya Shaariibuu on October 19, 2006 on the ground that no evidence was adduced by the prosecution to contradict or challenge the exculpatory parts of Razak’s affidavit in his earlier unsuccessful bail application.
The judge said: “In the absence of the rebuttal evidence against the statements, coupled with the fact that there is no legal onus for Razak to rebut any statutory presumptions, there is clearly no reason for the statements to be ignored and rejected”.
Most Malaysians are baffled by the very technical reason for the acquittal.
While it would not be right for anyone to prejudge the guilt or innocence of any person in the murder of Altantuya, the fact of the abominable and heinous murder of the Mongolian translator, shot twice in the head in a jungle clearing in Shah Alam and blown up with C4 explosives available only to the military, setting off political, diplomatic and international reverberations that have not subsided , is a fact that cannot be extinguished. Read the rest of this entry »
Will CJ Zaki vindicate all doubters or prove them wrong by bold leadership of judicial reforms?
Tan Sri Zaki Tun Azmi’s appointment as Chief Justice of the Federal Court is the most controversial appointment of the head of the judiciary in the nation’s 51-year history.
Never before in Malaysian judiciary had the possible appointment of the new head of the judiciary been marked by more widespread reservations and public objections than Zaki’s elevation as Chief Justice, because of legitimate concerns about its adverse impact on fumbling efforts so far to restore national and international confidence in the independence, impartiality and integrity of the judiciary. Read the rest of this entry »
Zaki’s CJ appointment – last nail in coffin of Abdullah’s judicial reform?
Posted by Kit in Abdullah Ahmad Badawi, Judiciary on Friday, 17 October 2008
When Datuk Seri Abdullah Ahmad Badawi finally bowed down to irresistible pressures in UMNO to scuttle his mid-2010 power transition plan and announced on October 8 that would not defend the post of Umno President, he said he would complete three reforms, including judicial reform, before he steps down as Prime Minister next March.
Is the appointment of Tan Sri Zaki Azmi as the Chief Justice to take over from Tun Abdul Hamid Mohamed, who retires compulsorily tomorrow, the last nail in the coffin of Abdullah’s pledge of judicial reform?
Datuk Zaid Ibrahim, who was appointed Minister in the Prime Minister’s Department after the March 8 general election by Abdullah to shepherd the reforms into reality, had implied that the appointment of a new Chief Justice to replace Hamid would be made under the new reform format and regime of a Judicial Appointment Commission. Read the rest of this entry »
Crisis of confidence – Judiciary
Posted by Kit in Judiciary, Parliament, UMNO on Friday, 17 October 2008
-
You are currently browsing the archives for the Judiciary category.
