Archive for category Judiciary
The lust for power sustained through the ISA
by P Ramakrishnan
Aliran
27 October 2012
Twenty five years ago, Malaysia witnessed what one person could do to sustain his lust for power. His unabated lust for power unleashed the worst traits in the Barisan Nasional to imprison 106 innocent Malaysians to keep the BN in power.
The man behind this dark episode in our history was none other than Tun Dr Mahathir Mohamad, the fourth Prime Minister of Malaysia.
On 27 October 1987 the rule of law was discarded, natural justice was ignored, the role of the judiciary was overridden, parliamentary democracy was sidelined so that he could cling on to power at all costs and by all means.
As Prime Minister, Home Minister and Justice Minister, Mahathir rode roughshod so that his position would remain safe and sound and that there would be no one to challenge him.
Today, more than ever, we must remember this shameful part of our history and wonder whether this will be repeated when the results of the 13th general election are announced. Read the rest of this entry »
Change of government needed to undo all the adverse effects of 25-year Operation Lalang on democracy, human rights and national institutions
Posted by Kit in Corruption, Elections, Human Rights, Judiciary, Parliament on Friday, 26 October 2012
Tomorrow marks the 25th anniversary of Operation Lalang which brought about the darkest days for democracy and human rights in the nation’s history.
There was not only the arrest of 106 Malaysians, including opposition leaders – 16 of whom were from the DAP, including MPs and State Assemblymen – trade unionists, social activists, environmentalists, Chinese educationists and religious workers, there was also the wholesale attacks on press freedom with the closure of three newspapers, the merciless attacks on the independence of the judiciary and the rule of law resulting in the sacking of the Lord President and two Supreme Court judges and the series of undemocratic legislation which caused a tectonic shift in the Malaysian political landscape, subordinating the legislative and judicial branches to the Executive or to be more exact to the fiat of one person, the Prime Minister of the day.
The Government Transformation Programme of Prime Minister, Datuk Seri Najib Razak has promised to make Malaysia “the best democracy of the world”, but after more than 42 months of his premiership, Malaysia falls far short of the conditions to be a “normal democracy” let alone the “world’s best democracy”, as illustrated by the refusal by the Prime Minister and the ruling UMNO/BN coalition to make a public commitment that they would fully accept the verdict of the voters in the 13th General Election and would peacefully and smoothly transfer Federal power to Pakatan Rakyat if this is the verdict of the Malaysian electorate in the ballot box. Read the rest of this entry »
Nice words, but not good enough, Umno
Posted by Kit in Bersih, Corruption, Judiciary, Najib Razak, UMNO on Saturday, 22 September 2012
― Othman Wahab
The Malaysian Insider
Sept 22, 2012
SEPT 22 ― Thank you to The Malaysian Insider for being upfront about the fact that Saifuddin Abdullah is a minority and that his views, no matter how enlightened, do not represent that which prevails in Umno.
In fact, let us not get carried away with nice words and intelligent discourse or even the occasional Oxford-speak. I only ask Malaysians to ponder about these questions. Read the rest of this entry »
BN’s promise: Tribespeople, idiots or citizens?
Posted by Kit in Corruption, Elections, Good Governance, Judiciary, Police on Sunday, 5 August 2012
— Rama Ramanathan
The Malaysian Insider
August 05, 2012
AUG 5 — Why am I so disgusted with the Barisan Nasional (BN) government?
I take my citizenship seriously. I was born in Malaysia. My siblings were born in Malaysia. My mother spoke only two languages: her mother tongue, Tamil and Malay. My father was a civil servant for decades. I’m a Malaysian.
My school friends are in Malaysia. My parents were cremated here, their ashes loosed in the waters off Port Dickson. My siblings, my wife’s siblings and most of our friends live in Malaysia. I desire to live nowhere else. I am entrenched.
My upbringing and my beliefs cause me to think of everyone as my neighbour. I take seriously God’s command to love Him with my every breath, thought and action, and that I should love my neighbour as myself. I’m a citizen.
I remember daily the story the Messiah told in answer to the question: Who is my neighbour? In the story of the Good Samaritan, the neighbour is the one in need, the downtrodden everyman, to whom I am to show mercy.
I recognise that government and leadership are necessary. Without “people in charge,” such as police, lawmakers and government officials, we’ll have anarchy: bandits will reign; our cities will be like Baghdad, Beirut, or Bogota.
Those cities exemplify what happens in the absence of good government: the strong, the well-funded, and the bigots will suppress the unarmed. Mubarak did it in Tahrir Square. Najib did it in Merdeka Square.
The purpose of a government is to create, maintain and promote conditions of equity, harmony and equality through the right use of authority. A government is judged by how it treats the weak. How shall we judge the BN government? Read the rest of this entry »
Bersih decision, refreshing and reaffirming
Posted by Kit in Bersih, Elections, Hishammuddin, Judiciary on Friday, 27 July 2012
— Proham
The Malaysian Insider
Jul 26, 2012
JULY 26 — Proham notes that it is refreshing to see a High Court decision re-affirming the time honoured principle that an executive decision must be based on a proper interpretation of the law and the application of reasonable and rational consideration of relevant facts.
On July 24, 2012, Justice Datuk Rohana Yusof allowed an application for certiorari to quash the Minister’s order made on July 1, 2001 under section 5 of the Societies Act where he had declared the Coalition for Clear and Fair Elections (Bersih) as a unlawful movement.
The decision illustrates the pitfalls of administrative decisions which are not consonant with provisions of the law and the Constitution but are made relying on faulty appreciation of the law and on unreasonable and irrational considerations of unverified or irrelevant facts supplied normally by aides.
Another important aspect of the case is the re-affirmation of another principle that in a democratic system of governance under the Constitution, the intervention of an independent judiciary able to make judicial decisions affecting aggrieved parties without fear and favour is of paramount importance bearing in mind too, that in our court system the right of appeal is not shut to parties dissatisfied with the decisions. Read the rest of this entry »
So, what happened to separation of powers?
— Justice Seeker
The Malaysian Insider
Apr 12, 2012
APRIL 12 — In reaching her decision on the Lynas matter, High Court judge Rohana Yusof obviously was not interested in the separation of powers or the raison d’etre of a court system which is the attainment of justice.
I just read her reasons for not giving the residents leave to challenge the Atomic Energy Licensing Board’s decision to give Lynas a temporary operating licence to run its controversial plant in Gebeng.
She said that as a parliamentary select committee and the minister of science and innovation were handling two separate hearings, it would not be proper for the courts to give the 10 residents their opportunity for judicial review.
Rohana then went on to say that it would not be proper to circumvent Parliament and the minister. Really? Read the rest of this entry »
Not sub judice to discuss NFC in Parliament, court ruling shows
Posted by Kit in Corruption, Court, Judiciary, Parliament on Thursday, 15 March 2012
By Clara Chooi
The Malaysian Insider
Mar 14, 2012
KUALA LUMPUR, March 15 — The Dewan Rakyat Speaker’s reliance on the rule of sub judice to shut down discussion of the National Feedlot Centre (NFC) scandal in Parliament is flawed, a recent court decision shows.
The High Court, in a contempt suit filed by Syarikat Bekalan Air Selangor Sdn Bhd (SYABAS) against a Selangor government lawyer and PAS organ Harakah last year, had held that the courts must be cautious in applying the sub judice law and must also take into consideration constitutional provisions on the freedom of speech.
According to the judgment sighted by The Malaysian Insider today, Justice Ariff Yusof, when rejecting the application, had stressed that the common law rule on sub judice must be moulded “in the light of fundamental liberties provisions”.
“The court cannot believe the sensitivities of the average Malaysian can be so different so as to incline the court to adopt a completely different juristic approach which relegates freedom of expression below the sub judice rule,” he had said. Read the rest of this entry »
Chief Justice Ariffin Zakaria should intervene against the harsh and excessive one-year jail sentence imposed on imam Hoslan Hussein for throwing his shoes at the Federal Court judges
Posted by Kit in 1Malaysia, Corruption, Court, Financial Scandals, Judiciary, Muhyiddin Yassin, Najib Razak on Friday, 9 March 2012
For the past few days, Malaysian sense of decency and propriety had been pulverised by a battery of blows which collectively signal that something is very rotten with the Najib administration which is marking its third anniversary next month, viz:
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the one-year jail sentence by the Federal Court for contempt of court by imam Hoslan Hussein who flung his shoes at the three-man bench led by Chief Judge of Malaya Justice Zulkifli Ahmad Makinuddin on February 22;
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Two years for the High Court judge to produce a 70-page judgment on the murder trial of Altantuya Shaariibuu, who was blown to bits with C4 explosives, which was totally unconcerned about the motive of the murder.
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The denial of welfare aid and farming subsidies to disabled Sarawak farmer Frusis Lebi, 51, by Sarawak agriculture assistant minister Mong Dagang for supporting the opposition.
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The unending revelations of the horrors of the RM250 million National Feedlot Centre “cow condo” scandal reaching far beyond the shores of Malaysia, with the latest allegations of purchase of properties not only in Singapore but also in Kazakhstan involving public funds specifically meant to promote greater beef self-sufficiency in the country. Read the rest of this entry »
Has Najib issued a “blank cheque” apology, signifying nothing as to enable all the past BN mistakes of abuses of power, corruption and lack of accountability to be repeated in even worse magnitude?
Posted by Kit in Corruption, Elections, Judiciary, Najib Razak, Perak on Sunday, 4 March 2012
Yesterday, the Prime Minister Datuk Seri Najib Razak extended an apology to the people on behalf of the Barisan Nasional for the coalition’s mistakes in the last general election, which cost it several electoral seats and states including Kedah.
Najib said:
“I apologise for our mistakes prior to the 2008 general election. If we made mistakes in the past and the voters rejected us, we accept it.
“On behalf of BN, I apologise. We have learnt from our mistakes, and we aim and promise the people that we will make amends and bring them to greater heights.”
I was immediately asked on the twitter: “accept or not” and my reply was: “Yes, should accept if Najib’s apology for BN’s past mistakes genuine. Is it genuine or just election gimmicry?”
I scoured the news reports to be able to say that Najib’s apology should be accepted in good faith as he has identified and owned up to the BN’s past mistakes for which he and the present BN would make amends, but unfortunately, there is nothing whatsoever to come to such a conclusion.
In fact, one should ask whether Najib has issued a “blank cheque” apology, signifying nothing as to enable all the past BN mistakes of abuses of power, corruption and lack of accountability to be repeated in even worse magnitude? Read the rest of this entry »
Highway to hell
Posted by Kit in Corruption, Good Governance, Judiciary on Tuesday, 21 February 2012
— Lucius Goon
The Malaysian Insider
Feb 21, 2012
FEB 21 — The thing that troubled me most about the latest expose in Malaysia is the seemingly cozy relationship between the current Umno lawyer and the former chief justice, who incidentally is a former Umno lawyer.
I am beyond griping that the contract was not awarded through an open tender because open tender means competition and competition means level playing field — all the things that our friends like Ibrahim Ali, Mahathir Mohamad don’t like.
But it does disturb me that there appears to be a business nexus between an Umno lawyer Hafirizam Harun and Tun Zaki Azmi. In most developed countries, judges and especially chief justices keep an arms length from lawyers because they don’t want to be accused of bias or bringing the judiciary into disrepute. The more strict judges do not even socialise with lawyers.
So I can’t imagine the head of the Supreme Court of the USA or India or even the Chief Justice of Singapore getting a government contract or being involved in a business with a lawyer, especially one who acts for the government. Read the rest of this entry »
Perak Pakatan demands explanation over highway contract
Posted by Kit in Corruption, Good Governance, Judiciary on Tuesday, 21 February 2012
By Clara Chooi
The Malaysian Insider
Feb 21, 2012
KUALA LUMPUR, Feb 21 — Perak Pakatan Rakyat (PR) leaders cried foul today over the award of a lucrative RM2.2 billion highway contract to companies linked to former Chief Justice Tun Zaki Azmi and Umno lawyer Datuk Hafarizam Harun, two key figures in the Perak constitutional crisis of 2009.
They demanded both men and the Najib administration explain the award and yesterday’s allegation by controversial blogger Raja Petra Kamaruddin that the deal was Barisan Nasional’s (BN) gift for their help in toppling PR in the northern state.
“(Prime Minister Datuk Seri) Najib Razak and the Works Ministry must come out to refute this allegation with proof that they carried out an open tender process and the award was based on the firms’ proper qualifications, track record and expertise in the field.
“As an MP and the former mentri besar of Perak, I demand an explanation from the authorities… failing which, this allegation would hold true,” PAS’s Datuk Seri Mohammad Nizar Jamaluddin told The Malaysian Insider. Read the rest of this entry »
The emasculation of our judiciary
— Art Harun
The Malaysian Insider
Feb 21, 2012
FEB 21 — In any Westminster-styled democracy, a country’s administration consists of three main machinations, namely, the Legislative, the Executive and the Judiciary. The Legislative makes laws. The Executive runs the country. Lastly, but by no means the least, the Judiciary adjudicates disputes and determines them.
The Judiciary does not only adjudicate disputes amongst private citizens but also, more importantly, disputes between the citizens and the Executive (the government). In a branch of law called “administrative law”, the Judiciary inherently has the power to issue four kinds of orders against the Executive. These are traditional judicial powers which are paramount towards ensuring that rules of law are complied with not only by the people but also by the Executive.
Firstly, the Court may issue a certiorari order to quash any decision of the Executive. Secondly, an order of prohibition may be issued to restrain the Executive from doing any act. These two orders are usually issued if the act complained of is illegal, improper or made without power (ultra vires). Thirdly, the Court may issue an order of mandamus to compel the Executive to do certain act.
Fourthly, and perhaps most importantly, a writ of habeas corpus, may be issued by the Court to compel the government to produce and free anybody who is improperly detained.
These are the traditional powers of the Judiciary. They exist for hundreds of years and have throughout the years been refined in order to keep up with the demands of modern governance. Read the rest of this entry »
Dr M ‘assaulted’ judicial independence, says Bar Council
By Clara Chooi
The Malaysian Insider
Feb 19, 2012
KUALA LUMPUR, Feb 19 — The Bar Council has accused Tun Dr Mahathir Mohamad of stripping the judiciary of its independence, saying the former prime minister “assaulted” the institution with “Machiavellian ruthlessness” during his tenure.
Council president Lim Chee Wee said the 1988 amendment to Article 121 of the Federal Constitution had effectively tampered with the judiciary’s independence, forcing the courts to be subservient to the executive arm of government.
“The Malaysian Bar has consistently held the view that Dr Mahathir Mohamed had with Machiavellian ruthlessness assaulted the once great Malaysian judicial institution.
“First with this amendment, then the sacking and suspension of the Lord President and Supreme Court Judges and later the appointment of three different Chief Justices, whose reputation the Bar holds in low regard,” he told The Malaysian Insider in an emailed statement. Read the rest of this entry »
Pakatan vows to fix judiciary if voted into power
Posted by Kit in Judiciary, Pakatan Rakyat on Monday, 13 February 2012
By Shazwan Mustafa Kamal
The Malaysian Insider
Feb 13, 2012
PR lawmakers said it was essential to return to the courts the independence that was removed from it during the 1988 judicial crisis.
PETALING JAYA, Feb 13 — Pakatan Rakyat leaders today pledged to remove legislative amendments to restore the independence of the judiciary if the opposition pact wins the next general election.
Their remarks came as a response to former chief justice Tun Mohd Dzaiddin Abdullah’s claims that the judiciary has become subservient after former premier Tun Dr Mahathir Mohamed clipped its wings in the 1980s when he amended Article 121 of the Constitution.
“Pakatan Rakyat’s stand is that we want a free, independent judiciary,” Opposition Leader Datuk Seri Anwar Ibrahim told reporters here.
“It is essential for the restoration (of the judiciary) to pre-1988 (conditions)… restoration of judicial powers means a removal of amendments to Article 121,” added DAP parliamentary leader Lim Kit Siang. Read the rest of this entry »
Judiciary far from truly independent
Posted by Kit in Anwar Ibrahim, Judiciary, Najib Razak on Friday, 27 January 2012
— Ronald Benjamin
The Malaysian Insider
Jan 27, 2012
JAN 27 — Since Anwar Ibrahim’s acquittal, political commentators and prominent intellectuals have made statements that the judiciary has shown independence. Prime Minister Najib Razak has said that the High Court decision is testimony that he has not interfered with the judiciary. Is the PM implying there was indeed interference before?
Is our judicial system built on such shaky grounds that it has to depend on the goodwill of a prime minister in office for its independence? While it is true recent cases such as the judgment on the Universities and University Colleges Act and the conviction of a prominent state politician have suggested the independence of the courts, these rare decisions do not make the judiciary independent.
One of the greatest truths in any meaningful reforms is the ability to dig deep beyond the surface to discover the root cause of the judicial rot and accepting the widespread perception that interference of judiciary may have occurred. The culprits must be nailed and remedial solutions must be found. Atonement must be shown for past mistakes, and we can then look forward to a lasting solution that would allow us to leap forward into a new era.
This requires honesty and truth seeking. Has our judiciary undertaken such soul searching in its quest to become truly independent? Some commentators have argued that over the years the judiciary has shown independence by taking action against both government leaders and opposition politicians and this by itself shows independence. But this argument is simplistic because the judicial process is not merely based on the judgment in a given case. The details of the process of justice itself, whether it meets the standards of natural justice and its ability to adhere to the supreme objective law of the constitution, are other major considerations. This is where the Malaysian judiciary system appears to have failed compared with other countries with a more well developed and independent judiciary. Read the rest of this entry »
Upshot of attacks on Anwar, ABU
Posted by Kit in Anwar Ibrahim, Judiciary, Najib Razak on Tuesday, 24 January 2012
Mariam Mokhtar | Jan 23, 2012
Malaysiakini
This is not an auspicious start to the Year of the Dragon for the PM. The person who controls events in Malaysia and who will undoubtedly shape its future, is one effete man called Saiful Bukhari Azlan.
Prime Minister Najib Abdul Razak is wrong to think he leads the country.
Malaysians thought that after 9 January, the nation would move on, but their dream was shortlived. Only in Malaysia would the government and its institutions, like the judiciary, be preoccupied with Saiful’s posterior, just as his face will always be associated with Sodomy II.
So now, instead of the nation concentrating on a way forward, of improving our lives, of revitalising the economy and of making sure our politicians do the work we elected them for, we are trapped in Sodomy II, Scene 2. Read the rest of this entry »
Top five topics of all Malaysians during the Dragon Chinese New Year holidays
Posted by Kit in Anwar Ibrahim, Corruption, Elections, Judiciary, Najib Razak on Sunday, 22 January 2012
What will be the top five topics of all Malaysians during the Dragon Chinese New Year holidays?
I will pick the following five:
(1) The Attorney-General’s appeal against Datuk Seri Anwar Ibrahim’s acquittal in the Sodomy2 charge by the Kuala Lumpur High Court, expressing the determination of the top UMNO leaders to want to see Anwar in jail.
(2) The Court of Appeal decision to overturn the Kuala Lumpur High Court decision to acquit and discharge DAP National Chairman Karpal Singh on the sedition charge relating to Prime Minister Datuk Seri Najib Razak’s illegal, unconstitutional and undemocratic coup d’etat against the Pakatan Rakyat Perak state government.
Both these incidents have killed off public hopes that Malaysia is firmly set on the road to restoration of national and international confidence in our justice system, with a just rule of law and truly independent judiciary.
The only inescapable conclusion is that Malaysia can only begin to seriously undo the ravages against the doctrine of separation of powers especially between the Executive and the Judiciary in the past 24 years years stemming from the arbitrary sacking of the then Lord President Tun Salleh Abas and two Supreme Court judges Tan Sri Wan Suleiman Pawanteh and Datuk George Seah in 1988. Read the rest of this entry »
They are going to convict Anwar – that is certain!
Posted by Kit in Anwar Ibrahim, Judiciary on Sunday, 22 January 2012
by P. Ramakrishnan
22 January 2012
What wasn’t expected surprisingly happened. The High Court acquitted and discharged Anwar. That decision took everyone by surprise and they hoped that it would be the end of this sordid affair.
What the vast majority of Malaysians had hoped for following Anwar’s discharge did not happen. The Prosecution shocked everyone and appealed the High Court decision.
What will happen following this appeal is predictable. We have said as much in our previous statement on 23 December 2009. This is what we said:
“Aliran has been keeping track of recent Court decisions and with this knowledge we must warn the jubilant litigants not to get carried away easily. This is Round 1 and Round 1 usually goes in favour of truth and justice. It is here where the facts are scrutinised diligently and justice has its sway. It is as far as justice can go!
“In Round 2, this decision will almost certainly be overturned, as has been the case on many occasions. It is here where facts don’t matter but technicalities will be the overriding factor and justice will be forced to take a back seat.
“This glaring outcome is inevitable in our system of justice. We have witnessed this without fail in Anwar’s cases, in the Perak Pakatan government’s tussle for democracy, in the Kampung Buah Pala residents’ plea for justice and in the MACC case involving Tan Boon Wah’s human rights.” Read the rest of this entry »
Why did they free Anwar?
Posted by Kit in Anwar Ibrahim, Judiciary, Najib Razak on Wednesday, 18 January 2012
— P. Ramakrishnan
The Malaysian Insider
Jan 18, 2012
JAN 18 — Datuk Seri Anwar Ibrahim’s acquittal and discharge could not have earned the judiciary any brownie points. Neither did the trial judge, Justice Datuk Zabidin Mohd Diah, come across as someone capable of blazing a new trail in proactive justice.
In fact, the court proceedings only disappointed Malaysians the way the judge denied the defence the many crucial notes they were entitled to, dismissed their right to question the prime minister and his wife by granting their application not to appear as witnesses, and refused to recuse himself as the presiding judge by dismissing Anwar’s application that he was biased in the proceedings.
He even strengthened this belief by concluding at the end of the prosecution case that Saiful was a “truthful and credible witness” without even hearing the defence side of the case. The bias was so blatant and so obvious. Read the rest of this entry »
Malaysia’s Najib Readies for Vote
Posted by Kit in Anwar Ibrahim, Judiciary, Najib Razak on Friday, 13 January 2012
by James Hookway
Wall Street Journal
Malaysian leader Najib Razak pointed to the acquittal this week of opposition leader Anwar Ibrahim as evidence he’s serious about political reforms, even inviting an election battle that could propel him out of power.
Eager to paint himself as a leader of the Malaysia’s most sweeping political reforms since independence, Mr. Najib appears to be betting that the judiciary’s release of Mr. Anwar would help rather than hurt him politically.
Three days after Malaysia’s High Court acquitted Mr. Anwar on sodomy charges this week, Mr. Najib said in an interview Thursday that both the government and opposition camps will step up their race to claim the center-ground of Malaysian politics in the coming months—but that this will only strengthen the predominantly Muslim country and provide a fresh example that democracy and Islam can coexist. Read the rest of this entry »
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