Archive for category Judiciary
Lingam Tape – credibility of Fairuz’s denial through Nazri zero like earlier case on abolition of common law
Chief Justice, Tun Ahmad Fairuz Sheikh Abdul Halim has allegedly denied that he was the person that senior lawyer V.K. Lingam was talking to in the now infamous 8-minute Lingam Tape on the perversion of the course of justice concerning the fixing of judicial appointments, court judgment and getting a Tan Sri award.
I chose the term “allegedly denied” as there is no proof that Ahmad Fairuz had actually denied that he was the person Lingam was talking to in the Lingam Tape, especially as some 24 hours earlier Ahmad Fairuz had in “black-and-white” through his special assistant Arleen Ramly written to Malaysiakini to give a two-paragraph “No comment” response to its earlier fax inquiry.
The Minister in the Prime Minister’s Department, Datuk Nazri Aziz claimed that Ahmad Fairuz had called him to deny that he was the one talking to Lingam.
Nazri’s claim is full of holes.
Firstly, how is Nazri sure that it was Ahmad Fairuz who had spoken to him by phone and not an impersonator. Has Nazri got proof that Ahmad Fairuz had denied?
Secondly, why did Ahmad Fairuz make such a denial when 24 hours earlier he had directed his special assistant Arleen Ramly to fax a two paragraph “No comment” letter on the Chief Justice’s letterhead to Malaysiakini?
Thirdly, isn’t Ahmad Fairuz capable of issuing such a denial himself and isn’t he aware of the doctrine of Separation of Powers among the Executive, Parliament and Judiciary by conducting himself in such an improper and subservient manner, subordinating the Judiciary to the Executive?
Fourthly, why didn’t Ahmad Fairuz issue the denial in the first 72 hours of the expose of the Lingam Tape by Anwar Ibrahim on Wednesday, especially as he had met the Prime Minister, Datuk Seri Abdullah Ahmad Badawi both on Wednesday and Thursday night, seated at the same table, at the Istana and the Chief Secretary to the Government’s fast-breaking functions respectively?
Fifthly, what was the purpose of the photographs of Ahmad Fairuz and the Prime Minister seated at the same table on both consecutive nights prominently published in the New Straits Times and Utusan Malaysia?
Is it to send the message that Ahmad Fairuz has the full backing of the Prime Minister, regardless of the nation-wide outcry and outrage over the Lingam Tape?
Sixthly, what is the credibility of Ahmad Fairuz’ alleged denial through Nazri? Is its believability as abysmal as Ahmad Fairuz’ earlier alleged denial through Nazri of his proposal to abolish English common law and replacement by Islamic law – which is zero? Read the rest of this entry »
50th Merdeka – arrest and reverse retrogression if Malaysia is not to lose out in global stakes
Posted by Kit in Corruption, Judiciary, nation building on Monday, 24 September 2007
Should Malaysians be proud of what the country has achieved after 50 years of independence?
In Parliament, a Barisan Nasional Member of Parliament said Malaysia has great cause to be satisfied with the nation’s progress and achievements in the past 50 years as the country is ten times more advanced than Ghana, which also became independent in the same year as Malaysia in 1957.
This BN MP is right if we are prepared to compare with the worst — but Malaysians must not be content with such low benchmarks and must be prepared to compare with the best rather than the worst, especially as the people are being bombarded every day with the slogan of “Cemerlang, Gemilang, Terbilang”.
We should be concerned as to why the country had failed to hold our prominent position in the region and the world when the nation was second only to Japan as the most developed country in Asia 50 years ago in 1957.
We should ask why we have lost out to South Korea, Singapore, Taiwan and Hong Kong with an ever-increasing gap when we were ahead of them 50 years ago instead of the false pride of being well ahead of Ghana.
Malaysia’s 50th Anniversary has highlighted major areas of retrogression which must be arrested and reversed if Malaysia is not to continue to lose out in the global stakes for competition, progress and development.
If those in power and authority in Malaysia continue in their “denial complex”, refusing to come to grips with reality and address the reasons for our decline and retrogression, more and more countries in future will be overtaking us in the international competitiveness and development stakes like Vietnam, Thailand, Indonesia and even some African countries although we will continue to be poles ahead of the failed African states like Robert Mugabe’s Zimbabwe. Read the rest of this entry »
Deal with the Rot, Not the Tape
Posted by Kit in Abdullah Ahmad Badawi, Bakri Musa, Judiciary on Sunday, 23 September 2007
by M. Bakri Musa
If Chief Justice Ahmad Feiruz has any sense of personal honor and professional integrity left, he should resign immediately. If Prime Minister Abdullah has even the slightest responsibility for leadership and moral duty to the citizens, he should not extend the Chief Justice’s contract, due to expire this October. If the Malaysian Bar Council has any credible principle of societal obligation and self-policing ethics of a profession, it would disbar the lawyer making that phone call shown in the infamous video clip exposed by former Deputy Prime Minister Anwar Ibrahim.
Alas, judging from past performances, expect none of these. That is the unfortunate reality of Malaysia today. What remains then would be for the King to withhold consent for extending Feiruz’s contract, thereby precipitating an unnecessary and distracting constitutional crisis the nation could ill bear.
The Bar Council had an Emergency Meeting, but instead of initiating the necessary disciplinary proceedings on the involved lawyer (which would definitely be within its power) it decided instead to march at Putrajaya and hand a petition to the Prime Minister demanding for a Royal Commission. Next those lawyers would be demonstrating on the streets. So Third World, a la Pakistan! I would have thought those smart lawyers would have concocted some novel legal theory on which to sue the government into action.
Meanwhile Abdullah Badawi was “disappointed,” not at the explosive contents of the video but the fact that it was released. Wake up, Mr. Prime Minister! The rot is the Malaysian judiciary, not the taping. If Abdullah does perk up from his slumber, he would probably order the arrest of Anwar Ibrahim!
Chief Justice Feiruz, taking a leaf from the Prime Minister’s notorious “elegant silence,” issued a terse, “No comment!” It was neither elegant nor silent; instead it was ugly and spoke volumes. Read the rest of this entry »
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