Archive for category Judiciary
Acquittal a teaser to another conviction
Posted by Kit in Anwar Ibrahim, Judiciary, Mahathir, Najib Razak on Friday, 13 January 2012
Mohd Ariff Sabri Aziz| January 13, 2012
Free Malaysia Today
Former prime minister Dr Mahathir Mohamad will want Anwar Ibrahim stopped at all cost.COMMENT
Anwar Ibrahim is not out of the woods yet. Despite being acquitted, Anwar is circumspect about the judiciary.
His acquittal does not prove the judiciary is independent, he said.
In an interview with Al Jazeera, Anwar said this present case should not be considered as a landmark case representing the independence of the judiciary.
Now, that is somewhat ominous. Why would Anwar say that?
Anwar knows this: he is let off the hook this time – that’s what the government may want the public to think. So that they can say, this is proof that the judiciary is independent. Read the rest of this entry »
Anwar’s acquittal has bought for Najib his last but very short-lived chance to prove that he can walk the talk of a reformer and proponent of “1Malaysia. People First. Performance Now” slogan
Posted by Kit in 1Malaysia, Anwar Ibrahim, Corruption, Judiciary, Najib Razak on Thursday, 12 January 2012
Datuk Seri Anwar Ibrahim’s surprise acquittal of Sodomy 2 charge on Monday has bought for the Prime Minister, Datuk Seri Najib Razak his last but very short-lived chance to prove that he can walk the talk of a reformer and proponent of “1Malaysia. People First. Performance Now” slogan.
Nobody really believes the self-serving claims by Najib, Deputy Prime Minister Tan Sri Muhyiddin and the Minister for Information, Communications and Culture Datuk Seri Dr. Rais Yatim that Anwar’s acquittal was proof of the independence of the judiciary in Malaysia and would increase the confidence of Malaysians and international community in Najib’s transformation promises.
The 33 months of Najib’s premiership since April 2009 were lost months for reform and transformation as there were only empty rhetorics not backed up with any political will to bring about fundamental changes in all aspects of national life. Read the rest of this entry »
Anwar free: And now for Malaysia
Posted by Kit in Anwar Ibrahim, Corruption, Elections, Judiciary, Najib Razak on Thursday, 12 January 2012
Dean Johns | Jan 11, 2012
Malaysiakini
Failing an appeal that may yet be made by the prosecution, Anwar Ibrahim is finally free of his latest spurious sodomy charge and the possibility of up to 20 years in jail.
And now, it’s time for the Malaysian people to win their freedom from 50-plus years – or the equivalent of more than two life sentences – of imprisonment and empoisonment by the rotten Umno/BN regime.
Though it could be argued that a great many Malaysians have nobody but themselves to blame for this punishing experience, having effectively held themselves captive by voting for their oppressors so repeatedly and for so long. Read the rest of this entry »
Judiciary still in winter of emasculation
Posted by Kit in Anwar Ibrahim, Constitution, Court, Judiciary on Thursday, 12 January 2012
— by Bob Teoh
The Malaysian Insider
Jan 12, 2012
JAN 12 — Let’s not be beguiled by Prime Minister Najib Razak’s claim of the judiciary’s independence following the High Court’s full acquittal and discharge of Anwar Ibrahim from the charge of sodomy. As succinctly put by an international civil liberties watchdog, the Opposition leader should not have been charged in the first place.
Anwar’s three trials over 20 years were simply an abuse of due process; nothing more than Umno’s dirty and sordid politics to rid itself of its arch nemesis involving all three prime ministers in a row.
Don’t be misled, a swallow doth not a summer maketh. We are still deep in the winter of an emasculated judiciary frozen since the Mahathir ice age. We need more evidence of courage and boldness from our judges before we can hope to thaw into a new spring.
But credit must be given to where it’s due. Recent judgments indicate some judges are willing to go into early retirement or be put into the cold storage by going the extra mile in their adjudication. The High Court’s judgment against the government in the Allah case is a case in point. There are a few others that are noteworthy. Read the rest of this entry »
Start law reforms by probing A-G, ex-cop urges PM
Posted by Kit in Anwar Ibrahim, Judiciary, Law & Order, Najib Razak on Thursday, 12 January 2012
By Clara Chooi
The Malaysian Insider
Jan 12, 2012
KUALA LUMPUR, Jan 12 — Datuk Mat Zain Ibrahim today insisted Datuk Seri Najib Razak prove his impartiality by calling for a royal inquiry on Tan Sri Abdul Gani Patail over the Attorney-General’s alleged mishandling of several high profile cases.
According to Mat Zain, the prime minister should make formal representation to the Yang di-Pertuan Agong on the setting up of a tribunal to examine Abdul Gani’s actions.
“It would be the first step forward for PM Najib to restore the country’s criminal justice system which has been tainted for a long time. The people would accept no less than this,” the former Kuala Lumpur CID chief said today in a letter to Inspector-General of Police Tan Sri Ismail Omar.
Mat Zain said that Datuk Seri Anwar Ibrahim’s acquittal on Monday did not prove the Najib administration had not interfered in the case or the judiciary’s independence. Read the rest of this entry »
An independent judiciary… really?
Posted by Kit in Anwar Ibrahim, Judiciary on Wednesday, 11 January 2012
by Dr Kamal Amzan
The Malaysian Insider
Jan 11, 2012
JAN 11 — We are a funny lot.
Just because of one acquittal, we claim to have an “independent” judiciary. Forget about Eric Chia, forget about the first sodomy trial, forget about what happened to Teoh Beng Hock and let us all just focus on this one and only trial.
From the mainstream media to the online news portals, the response from the government and the opposition leaders to the verdict was akin to striking the lottery.
Today’s headlines in the Star and NST, “Government says it shows freedom of judiciary”, “Slow reassertion of Malaysia’s public institutions”, “Court ruling clears government of baseless accusations.”.
Really? I may be wrong but to claim the judiciary’s independence from one trial verdict seems a bit premature, no? Read the rest of this entry »
Hold The Accolades!
Posted by Kit in Anwar Ibrahim, Bakri Musa, Court, Judiciary, Najib Razak on Wednesday, 11 January 2012
by M. Bakri Musa
Now that Judge Mohamad Zabidin Diah has acquitted Anwar Ibrahim on his “Sodomy II” charge, there is no end of praise heaped upon the judge specifically and the system of justice generally. Prime Minister Najib was quick with his smug assertion that “neither politics nor politicians have any influence over the dispensation of justice.” Foreign governments too have been effusive with their praises. Some now brazenly call for Anwar Ibrahim to apologize for his earlier criticisms of the system.
Hold the accolades! This sordid trial reveals everything that is rotten with the Malaysian system of justice. This case should never have been prosecuted in the first place. That it was reflected the level or more precisely lack of professionalism on the part of these career prosecutors. As for the trial, there were many instances where the judge could have thrown the case out, as when the physical evidence was introduced. Now the learned judge used that as the reason for acquittal. Read the rest of this entry »
Anwar verdict resets Malaysian politics
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Wednesday, 11 January 2012
By Simon Roughneen
Asia Times
KUALA LUMPUR – A not-guilty verdict in a sex scandal case against Malaysian opposition leader Anwar Ibrahim could prove a game-changer in the run-up to elections due by 2013 but thought by many analysts to be held this year.
After months of railing against what he deemed trumped-up and politicized charges, Anwar cut an understandably cheerful and relieved dash on Monday morning when speaking to perhaps 3,000 supporters outside the Kuala Lumpur court where he was acquitted of charges of sodomizing a male party aide in 2008. Sodomy is a criminal offense punishable by 20 years in prison in Malaysia, where Muslim citizens are subject to sharia law. Read the rest of this entry »
Malaysia’s Moment of Sanity
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Wednesday, 11 January 2012
By Bridget Welsh
The Wall Street Journal
Yesterday’s acquittal of Malaysian opposition leader Anwar Ibrahim on the charge of sodomy ends two and a half years of a bad sequel. After being convicted once in 2000 on the same charge and subsequently exonerated on appeal, this time the court found that the prosecution failed to prove its case.
The decision is a moment of sanity after three years of political turmoil since the March 2008 polls. That election effectively broke the stranglehold on power of the incumbent Barisan Nasional, the National Front coalition, which lost its two-thirds majority in parliament. After the loss, the ruling United Malays National Organization seemed to go back to its mode of personal-attack politics, as practiced by former Prime Minister Mahathir Mohamad. The new accusation against Mr. Anwar also signaled a return to the ways of the Mahathir era. Read the rest of this entry »
Second Anwar sodomy case ‘flimsier’, WSJ says
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Saturday, 7 January 2012
by Melissa Chi
The Malaysian Insider
Jan 07, 2012
KUALA LUMPUR, Jan 7 — In urging President Barack Obama to take a stand in democracy in the Muslim world, The Wall Street Journal today called Datuk Seri Anwar Ibrahim’s second sodomy case “flimsier” than the first.
In its editorial piece, the US daily said Malaysian democracy could benefit from a sign that the US is not indifferent to Anwar’s legal ordeal or to the political system that has allowed it to continue. US interests could benefit as well, it said.
“The current case is even flimsier than the last one. It is based mainly on the word of one accuser who, as it so happened, had met with then-deputy prime minister, now Prime Minister Datuk Seri Najib Razak days before the alleged incident.
“Doctors at two hospitals could find no evidence of rape in the aftermath of the alleged incident. Nonetheless, political observers anticipate a guilty verdict,” WSJ said today.
The verdict of Anwar’s trial will be delivered on Monday with a potential sentence involving years of jail time on sodomy charges. Read the rest of this entry »
BN to suffer no matter the verdict in Anwar’s trial, says Straits Times
Posted by Kit in Anwar Ibrahim, Court, Judiciary on Saturday, 7 January 2012
By Shannon Teoh
The Malaysian Insider
Jan 07, 2012
KUALA LUMPUR, Jan 7 — The ruling Barisan Nasional (BN) will come under attack whether or not Datuk Seri Anwar Ibrahim is found guilty in Monday’s verdict in the opposition leader’s two-year-long sodomy trial, according to the Singapore Straits Times.
The Singapore daily said in an analysis today that whatever the High Court’s decision, “there is likely to be some blowback for the Najib administration.”
The analysis said if the PKR de facto leader is found guilty and therefore disqualified as a candidate in the elections, “the question then would be whether the judge denies bail pending an appeal, depriving the opposition of its most charismatic campaigner in the poll run-up.” Read the rest of this entry »
Malaysia in the Era of Globalization #88
Posted by Kit in Bakri Musa, Judiciary on Monday, 14 November 2011
Chapter 10: Freedom, Justice, and the Law
The Judiciary: Justice in Jeopardy
Not only must there be respect for the rule of law, but the laws themselves must be just. Those administering the law too must be just and be seen to be just.
The Malaysian judiciary began on a very high note with judges held in the highest esteem. Tun Suffian set the tone not only with his exemplary personal example but also the depth of his legal judgment and scholarly analysis. The low point of the Malaysian judiciary occurred when the King, acting on the advice of the prime minister, suspended the chief justice and a few of his associates. Sadly from there the judiciary seemed to breach new lows every so often. A retiring senior appellate judge recently publicly confessed his shame for having been a member of that august body. He bluntly blurted about Malaysian litigants being confident of winning even “hopeless cases” as long as they were filed in “certain courts.” A more damaging indictment would be hard to find.
Read the rest of this entry »
Yang Berhormat Ipoh Timur memohon agar keutamaan diberikan untuk membahaskan Usul persendirian mengenai isu plagiarism yang dibawa oleh Ahli Parlimen Bukit Gelugor di Dewan ini
Posted by Kit in Judiciary, Parliament on Monday, 31 October 2011
Jawapan Bertulis YB Dato’ Seri Mohamed Nazri Bin Abdul Aziz, Menteri di Jabatan Perdana Menteri semasa Menggulung Perbahasan Bajet 2012 (Peringkat Dasar) di Dewan Rakyat pada 24 Oktober 2011
Untuk makluman Yang Berhormat, Perkara 127 Perlembagaan Persekutuan melarang perbincangan mengenai kelakuan seseorang hakim Mahkamah Persekutuan, Mahkamah Rayuan atau Mahkamah Tinggi di dalam Parlimen kecuali suatu usul khusus yang notis mengenainya telah diberikan oleh tidak kurang daripada satu perempat daripada jumlah bilangan ahli Majlis Parlimen.
Selanjutnya, Peraturan Mesyuarat 36(8) Peraturan-Peraturan Majlis Mesyuarat Dewan Rakyat juga melarang antaranya menyebut dalam isi-isi ucapan ahli-ahli Majlis Parlimen pada Majlis Mesyuarat Dewan Rakyat mengenai kelakuan atau sifat Hakim-hakim kecuali dikeluarkan usul bersendiri bagi maksud itu.
Peraturan 27 Peraturan-Peraturan Majlis Mesyuarat Dewan Rakyat menyatakan cara-cara mengeluarkan pemberitahu (notis) yang antaranya pemberitahu bagi usul yang bukan dengan nama Menteri, hendaklah dihantar kepada Setiausaha tidak kurang daripada 14 hari terlebih dahulu dengan bertulis dalam waktu pejabat biasa.
Read the rest of this entry »
Judicial tribunal for AG and Ct of Appeal judge
Posted by Kit in Anwar Ibrahim, Budget Debate, Constitution, Good Governance, Judiciary, Law & Order, Parliament on Monday, 17 October 2011
b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail
In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.
These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.
Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Read the rest of this entry »
Copycat judge in a copyright case!
Posted by Kit in Judiciary, Martin Jalleh on Friday, 14 October 2011
By Martin Jalleh
14 Oct 2011
When the respected retired judge N H Chan called certain judges in the appellate courts “imposters”, “intellectual and legal frauds”, “incompetent”, “inane”, “ignoramuses”, “inconsistent” and even an “idiotic” bunch, little did he realise that he was being very mild.
Now it has come to the public’s notice that crouching amongst the growing company of judicial clowns and court jesters in the Palace of Justice is a copycat judge who allegedly plagiarised chunks of a judgment of another judge – in a copyright infringement case!
Former Law Minister Rais Yatim has confirmed that the government had known about the plagiarising judge, but Rais tries to take the rakyat for a ride by blaming it all on the then Chief Justice (CJ), and that it was left to the latter to investigate and to take appropriate action. Read the rest of this entry »
Can the separation of power in Malaysia become reality?
Posted by Kit in ISA, Judiciary, Najib Razak on Tuesday, 20 September 2011
— Koon Yew Yin
The Malaysian Insider
Sep 20, 2011
SEPT 20 — The recent announcement by Prime Minister Datuk Seri Najib Razak of pending political reforms is an important step in the right direction for the country. These reforms are needed to complement the earlier economic ones. The prime minister’s boldness in enacting these reforms has been applauded by all quarters, except for supremacist groups such as Perkasa who have been agitating for the harsher use of punitive laws against groups opposed to their notion of Malay rights and who are against any liberalisation of the status quo.
However, critics and cynics have questioned whether the reforms are being undertaken by the government to gain popularity and to counter the increasing potency of these civil liberty issues in the coming general election. Concern has also been expressed on whether the new laws to deter terrorism may be misused by the authorities and may have the same effect of stifling legitimate dissent. Also the proposed decision to abolish annual licensing for the print media under the Printing Presses and Publications Act is really a minor improvement since the home minister’s decision not to renew a licence is final and cannot be disputed in any court of law. Read the rest of this entry »
It was People Power that finished off the ISA
Posted by Kit in Human Rights, ISA, Judiciary on Saturday, 17 September 2011
Aliran Executive Committee
Malaysia Day, 16 September 2011
Prime Minister Najib Razak’s announcement that the ISA and the Emergency Ordinance would be repealed has taken the nation by surprise. He also announced that Section 27 of the Police Act (on public assemblies) and the requirement for publishing permits to be renewed annually would be dropped.
Most people would be inclined to welcome these announcements. But we would be well advised to temper any celebration with caution. What will replace these oppressive laws is not clear and has not yet been revealed in much detail.
The repeal of the ISA and EO is an acknowledgement that the government can no longer sustain the use of these laws without strong public condemnation and opposition. The repeal of these two laws is the only logical move. Read the rest of this entry »
Answering Jeffrey
By N H Chan
In the recent article by Martin Jalleh dated 14 Sept 2011 entitled Chief Jester’s Circus and Charade Comes to a Close (Part 2) which appeared in your blog, I find this comment from Jeffrey:
The Ex judges that talked independent, don’t forget that they do so only after they left office, with nothing to lose!
Normally I do not answer comments from commentators. But in this case I think Mr Jeffrey should know that he is mistaken because apparently he does not know about me when I was a serving judge. For sure he has not read my book How to Judge the Judges. I would suggest that he reads Ayer Molek v Insas [1995] 2 MLJ 735. Read the rest of this entry »
Chief Jester’s Circus and Charade Comes to a Close (Part 2)
Posted by Kit in Judiciary, Martin Jalleh on Wednesday, 14 September 2011
by Martin Jalleh
14 Sept 2011
Zaki Azmi, the “Judiciary’s Renaissance man” has left behind a legacy of a judiciary scandalously compromised, shamelessly cowed and a slew of shocking contradictory and convoluted judgments. Below are some examples.
“Creatures of the Government”
In Dec. 2009, Abdul Aziz Bari, a constitutional law expert, declared that the judiciary has been reduced to one that “takes its cue from the government”.) But it has been the then CJ’s belief that since the 1988 judicial crisis “the confidence in the judiciary has improved a great deal” (The Nut Graph, 26.03.10)!
Zaki called those who criticized the judiciary for its lack of independence “a small group of vociferous people out there, who go onto the internet and blogs and Facebook and all that and make comments without knowing the proper background. Many are not even lawyers.”
A few months later lawyer Edmund Bon, who was then the chairman of the constitutional law committee of the Bar Council revealed that “the perception that the judiciary is executive-compliant still remains till today” (Free Malaysia Today, 17.08.10)!
According to former Federal Court judge Gopal Sri Ram: “… the judiciary has become so ‘executive-minded’ and that “the judges have become creatures of the government” (Malaysiakini, 16.09.10).
The NST quoted Zaki on 12 May this year that feedback from lawyers showed that they were happy with the integrity of the judiciary and had not heard anything negative since 2008. He added: “I am sure many, if not all, agree that the Malaysian judiciary is now free from any criticism or accusation of bias or partiality.”
Very apparently he had not listened to N H Chan who had often pointed out that the “Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government.” Read the rest of this entry »
Chief Jester’s Circus and Charade Comes to a Close (Part 1)
Posted by Kit in Judiciary, Martin Jalleh on Wednesday, 14 September 2011
By Martin Jalleh
14 Sept. 2011
Zaki Azmi has retired as the Chief Justice (CJ) of Bolehland. Weeks before the final curtain, he held himself in high regard in press interviews by giving rave reviews of his own tenure. He felt “very satisfied with the judiciary’s achievements in less than three years” (Bernama).
For a long time the mainstream press had portrayed Zaki as a “reluctant” CJ. But as his retirement date drew nearer, the Malay Mail (MM) revved up the farewell accolades by revering him as the “Judiciary’s Renaissance man” (25.08.11).
According to MM’s executive editor Terence Fernandez the feedback he received from Zaki’s contemporaries in the Federal Court including Arifin Zakaria, Raus Sharif, James Foong, Zulkefli Ahmad Makinudin and Abdull Hamid Embong was that Zaki “has revolutionised the judiciary”.
Praise for Zaki’s tenure also came from the Bar Council. Its chairperson Lim Chee Wee lauded him as one who has “surpassed the Bar’s expectations as he has implemented many positive changes”. Lim listed 11 of the changes (Malaysiakini, 06.09.11).
Zaki’s changes may have been impressive but the reputation of the judiciary was sullied irreparably during his term of office. In the eyes of the public the judiciary sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy. Read the rest of this entry »
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