Archive for category Law & Order

Md Raus Sharif and Zulkefli Ahmad Makinudin should gracefully resign as Chief Justice and Court of Appeal President respectively to bring constitutional crisis over the two top judicial posts to an end

Tan Sri Md Raus Sharif and Tan Sri Zulkefli Ahmad Makinuddin should gracefully resign as Chief Justice and Court of Appeal President respectively to bring the constituional crisis over the two top judicial posts to an end.

When Raus was controversailly re-appointed as Chief Justice, he said his reappointment as Chief Justice was “unprecedented” but constitutional, that there was always a first time for everything, and that when something happens for the first time, there is bound to be many differences in opinion.

What is incontrovertible however is that re-appointment of Raus and Zulkefli to the two top judicial posts in the land had met with criticism and opposition – with the weight of juristic, legal and informed public opinion arrayed against them at the time of the re-appointments involving a former Chief Justice, a former Federal Court judge, a former Attorney-General, a former de facto Law Minister and the Malaysian Bar.

The graceful resignation of Raus as Chief Justice and Zulkefli as Court of Appeal President will allow a good start to much-needed judicial and legal reforms in the country.

(Media Statement in Kuala Lumpur on Friday, 8th June 2018)

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Apandi’s refusal to resign as Attorney-General setting bad example to other political appointees, particularly UMNO/BN Senators

The refusal of Tan Sri Mohamad Apandi Ali to submit an honourable and dignified resignation as Attorney-General despite the watershed and historic political change in the 14th General Election on May 9, 2018 with the first democratic and peaceful transition of power in Malaysia has set the worst possible example to all UMNO/BN political appointees.

Although he knows that he enjoys zero confidence in the new Pakatan Harapan government of Malaysia, Apandi’s hanging on to his office is being used by other UMNO/BN political appointees to hang on to their posts, although they know they have no moral claim or authority any more to these political appointments.

This is best seen among the political appointees in the Dewan Negara, as it is some four weeks since the fall of the UMNO/BN government on May 9, 2018, but not a single UMNO/BN appointed Senator has resigned from their Senate appointment. Read the rest of this entry »

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Something very wrong with constitutional check-and balance when Attorney-General can hold the country to hostage refusing to resign when there is a change of government and when he enjoys zero public confidence

Something is very wrong with the constitutional check-and-balance system when the Attorney-General can hold the country to hostage refusing to resign when there is a change of government and when he enjoys zero public confidence.

This is why New Malaysia is entering the fourth week without one of the most important officials – the Attorney-General – especially at a time when there must be far-reaching structural and institutional reforms in the country to reset nation-building policies and directions.

The Amanah MP for Sepang, Hanipa Maidin, is right that the power accorded to the attorney-general to determine not to initiate criminal proceedings cannot protect the latter if he is found to have abused that discretion in order to protect criminals.

Whether Tan Sri Mohamad Apandi Ali is liable to criminal prosecution for misusing his discretionary powers as Attorney-General is however a very different question from the issue of his resignation as Attorney-General when there is a change of Government in a general election, especially when it is clear that apart from the former Prime Minister, Datuk Seri Najib Razak, the Attorney-General himself had been given a thumping vote of no confidence by the electorate.

The recent revelation by the new Chief Commissioner of Malaysian Anti-Corruption Commission, Mohd Shukri Abdull that the MACC and the United States’ Department of Justice’ (DOJ) investigations into the 1MDB scandal are “almost similar” has restored the relevance, legitimacy and soundness of the US DOJ litigation on the 1MDB international money-laundering scam and further undermined Apandi Ali’s position and credibility. Read the rest of this entry »

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Is Apandi Ali going to create dubious history by denying Malaysia with an Attorney-General for more than a month in a most crucial period in the nation’s history?

I said two days ago that Tan Sri Mohamad Apandi Ali must be prepared to face the sack if he continues to stall from resigning honourably and with dignity as Attorney-General.

Is Apandi Ali going to create dubious history by denying Malaysia with an Attorney-General for more than a moth in a most crucial period in the nation’s history?

Today marks the full three weeks since the watershed day on May 9 when Malaysians surprised the world that they are capable of national self-correction and self-renewal by effecting a peaceful and democratic transition of power, placing Malaysia firmly on the path of a normal democracy.

It was not only a vote for no confidence for the Prime Minister and the UMNO/BN government, but more specifically, against the Attorney-General Tan Sri Mohamad Apandi Ali because of the AG’s central and extraordinary role in one of the primary issues of the 14th General Election – the 1MDB interntional money-laundering scandal resulting in Malaysia being stained worldwide as a global kleptocracy.

I fully agree with the Amanah MP for Sepang, Hanipa Maidin, that the power accorded to the attorney-general to determine not to initiate criminal proceedings cannot protect the latter if he is found to have abused that discretion in order to protect criminals. Read the rest of this entry »

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UMNO has become an illegal political party because Najib was indecisive and hesitant as when to hold 14GE, which involves very high personal stakes for him

UMNO has become an illegal political party because Datuk Seri Najib Razak, Prime Minister and President of UMNO, was abnormally indecisive and hesitant when to hold the 14th General Election, which involves very high personal stakes for him.

Under the UMNO party constitution, UMNO is required to hold UMNO Supreme Council elections once every three years, but the UMNO Supreme Council has the power to give an 18-month extension under special circumstances, like preparing for the 14th General Election.

The last UMNO triennial elections were held on Oct. 20, 2013, which means that UMNO Supreme Council elections must be held by Oct. 19, 2016 to comply with the three-year requirement or by April 19, 2018, if there is a 18-month extension decided by the UMNO Supreme Council.

On June 26, 2015, Najib announced that the UMNO Supreme Council had decided to put off party elections due in October 2016 by 18 months.

He said:

“According to Article 10.16 of the Umno constitution, the supreme council has the right to postpone elections for its supreme council, divisions and branches.

“This postponement cannot exceed 18 months from the date the elections were supposed to be held”, i.e. by 19th April 2018. Read the rest of this entry »

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Regrettable that there are UMNO leaders who are defending undemocratic, violent and extremist behaviour like obstruction and roughing up of DAP MP for Kluang Liew Chin Tong when visiting Pasar Ramadan Kluang to distribute dates and spread message of harmony and solidarity

It is most regrettable that there are UMNO leaders who are defending undemocratic, violent and extremist behaviour like the obstruction and roughing up of DAP MP for Kluang, Liew Chin Tong, when visiting Pasar Ramadan Kluang to distribute dates and spread the message of harmony and solidarity.

I commend the UMNO Youth leader and Minister for Youth and Sports, Khairy Jamaluddin, for condemning such thuggish and extremist behaviour, tweeting that such behaviour is contrary to the meaning of the month of Ramadan.

It would appear that this inability to realise the meaning and significance of Ramadan also afflict some UMNO leaders, like Deputy Minister in the Prime Minister’s Department and MP for Muar, Datuk Razali Ibrahim who could defend such thuggish, violent, extremist behaviour like the roughing up of an MP going about his duties.
Read the rest of this entry »

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Imagine former Attorney-General Gani Patail telling a live-telecast parliamentary hearing about the crimes and sins of the Prime Minister in the same way former FBI Director James Comey testified at the US Senate about President Trump’s “lies”!

Former US FBI Director James Comey created a world sensation in his live-telecast testimony to US Senate Intelligence Select Committee last night where he branded US President Trump as a “liar” to defame him and FBI – “lies, plain and simple” – over his sacking because of FBI’s investigation into Moscow’s meddling in last year’s US presidential election.

Imagine former Attorney-General Tan Sri Gani Patail telling a live-telecast parliamentary hearing about the crimes and sins of the Prime Minister, Datuk Seri Najib Razak, over his sacking; the international multi-billion dollar 1MDB money-laundering scandal; the discoveries of the Special Task Force of four Tan Sris from the AG’s Chambers, the Police, the Malaysian Anti-Corruption Commission (MACC) and Bank Negara on the 1MDB scandal; “MOI” and Malaysia ascending the world corruption ladder to become a “global kleptocrary”?

This is unthinkable in present-day Malaysia, but why should it be impossible to envisage as something possible in Malaysia, especially as Malaysians are invited to dare to dream big dreams and think big thoughts about TN50 – National Transformation 2050? Read the rest of this entry »

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Call for appointment of an Independent Prosecutor to investigate into egregious abuses of power by Attorney-General and Inspector-General of Police as in the baseless charges against Khairuddin and Chang since July 2015

The prosecution of Khairuddin Abu Hassan and lawyer Matthias Chang under Section 124L of the Penal Code for allegedly attempting to sabotage Malaysia’s banking and financial institutions is among the worst examples of malicious prosecution by the Attorney-General Tan Sri Mohd Apandi Ali to protect the Prime Minister, Datuk Seri Najib Razak at all costs from charges of global kleptocracy and the 1MDB scandal.

In countries which observe the rule of law and uphold the principles of good governance, both the Attorney-General and the Inspector-General of Police would have tendered a detailed public apology, if not tendered their resignation, for their gross abuses of power.

The charges preferred against Khairuddin and Chang were not only serious, but most heinous – allegedly subverting the sovereignty of the nation apart from sabotaging the banking and financial institutions of the country, which carry a heavy maximum sentence of 15 year’s jail on conviction.

How can the Attorney-General and Inspector-General of Police prefer such charges without an iota of evidence adduced in court, and what is worse, seeking to use the anti-terrorism law in earlier charging both under the Security Offences (Special Measures) Act 2012 (SOSMA), which would have allowed a person to be detained without trial for 29 days! Read the rest of this entry »

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Give the Ipoh “dare-devils” a dressing-down but don’t treat them as criminals and definitely don’t throw criminal charges at them

Yes, give the Ipoh “dare-devils” a dressing-down, but don’t treat them as criminals and definitely don’t throw criminal charges at them.

The eight thrill-seeking youths, five men and three women aged between 20 and 24, were foolish in the extreme in their death-defying stunts on the “Ipoh” sign, and their pictures and videos went viral.

They thought they were “brave” did not fully realise that they were toying with their lives, as the “Ipoh” sign structure could have collapsed and cost them their limbs and lives and irreplaceable sorrow to their loved-ones. Read the rest of this entry »

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The real reason for the sacking of Gani Patail as Attorney-General in July 2015 is one of the truths Sabahans and Malaysians have a right to know

During Christmas, the Sabah Council of Churches prayed for truth to prevail in Malaysia, especially among those in power.

Council president Rev Jerry Dusing said, among others, truth must be established on the issues concerning 1MDB and the “hudud bill”.

Another issue which Sabahans and Malaysians have a right to know is the real reason for the sacking of Tan Sri Gani Patail, a Sabahan, as Attorney-General in July 2015.

Health was given as the reason by Putrajaya for the termination of Gani’s position as Attorney-General three months before his retirement.

But Gani looked very “fit and healthy” when he was called to the Bar in the Kuala Lumpur High Court last Friday.

In fact, Gani was so “fit and healthy” that he has opened his own legal firm, Gani Patail Chambers at Kuala Lumpur Sentral to start a new career. Read the rest of this entry »

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Admission speech for Abdul Gani Patail — Christopher Leong

The Malay Mail Online
December 23, 2016

DECEMBER 23 — Dengan izin Yang Arif,

Saya, Christopher Leong hadir bagi pihak Pempetisyen, Abdul Gani Patail.

Rakan-rakan yang bijaksana saya Rozielawaty Ab Ghani mewakili pihak Peguam Negara Malaysia, Hendon Mohamed, 20th President of Malaysia Bar, mewakili pihak Majlis Peguam Malaysia dan Lim Chee Wee, 29th President of Malaysian Bar, mewakili pihak Jawatankuasa Peguam Kuala Lumpur.

Yang Arif, saya dengan rendah diri memohon kebenaran untuk berhujah berkenaan Pempetisyen dalam Bahasa Inggeris.

My Lord,

As the days count down towards the end of what has been a challenging year for some of us and as the sun sets on 2016, we may look back to a few momentous or memorable events. I would include this morning’s proceedings as one of them.

It is my pleasure to rise this morning to move this petition for call to the Bar of my friend Abdul Gani Patail. As is the etiquette and long standing convention, we stand before the court shorn of titles, honourific and adornments save for the sombre attire reflective of the formal business at hand.

The Petitioner is no stranger to most of us. He has been a member of the legal fraternity in another life in another guise, in a manner of speaking. I will have more to say on this and will come back to it shortly.

Please permit me to present the Petitioner as a fit and proper person for admission and enrolment by saying a few words on his background. Read the rest of this entry »

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Futile to talk about double standards

By TK Chua
Free Malaysia Today
July 1, 2016

To be free from blemishes is not an option for any Opposition politician but an obligation to set the bar higher.

COMMENT

What is there to argue about on whether Lim Guan Eng should resign, take a leave of absence or continue doing his job as the chief minister of Penang?

To me there is really no answer to this argument. The choice really depends on which side of the political divide the individual in question is on – whether he is a supporter or adversary. This is what partisan politics has done to most of us. We have become blind and adamant in our struggle, regardless of the rights and wrongs involved.

This is the nature of our “legal system” – we cannot argue why someone is charged while others are not, even though they may have committed similar or even graver offences. We cannot argue why a person is charged even though the evidence is flimsy or probably ridiculous while others are let go even though the proof is substantial.

The system says the power to prosecute is discretionary. When it is discretionary, it could also mean arbitrary or selective. Seriously, which parts of these predicaments are we Malaysians still unable to understand? Read the rest of this entry »

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De factor Law Minister Nancy Shukri is absolutely wrong about the AG’s “absolute” powers and discretion!

By Martin Jalleh

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I will be charged under the Sedition Act in the new repression against dissent

Just now, the DAP “giant killer” in the 1969 general election, 84-year-old Chan Fu King, who as bus-conductor defeated the MCA Health Minister, Dr. Ng Kam Poh, told us how during his term as MP for Teluk Anson (1969 -1974), MCA leaders including the then MCA Youth leader Lee San Choon (who went on to become the MCA President) tried to induce and seduce him to defect from the DAP to the MCA.

I am reminded of DAP’s darkest days after the DAP won 13 parliamentary and 31 State Assembly seats in DAP’s first general election outing in 1969, a result we had not expected as we only sought a modest breakthrough in Parliament and various State Assemblies to gird ourselves for a battle for next two to three decades to create a more democratic, just and better Malaysia for all Malaysians.

DAP’s unexpected electoral success was made use of by some irresponsible politicians to create the May 13, 1969 riots in Kuala Lumpur, and I myself was detained for the first time under the Internal Security Act when I returned to Subang from Kota Kinabalu, where I had gone over on May 13, 1969 itself to campaign for independent candidates in Sabah as polling in Sabah was scheduled to be held two weeks after the Peninsular Malaysia elections of May 10, 1969.
I remember vividly the prediction of the then Deputy Prime Minister, Tun Dr. Ismail, in 1972 that the DAP was “one foot in the grave”, forecasting an early end for the DAP.

Tun Ismail was not indulging in idle prediction, for looking back, it was clear that he was privy to a high-powered campaign to crush the DAP by a double pincer strategy to seduce DAP MPs and State Assemblymen to defect from DAP to MCA and Barisan Nasional, from a combination of money politics or intimation and politics of fear to use all the repressive powers at the command of the government.

As a result, during the first term of DAP in Parliament and the various State Assemblies after 1969, we suffered the worst attrition rate with some 30 to 40 per cent of DAP MPs and State Assemblymen finally succumbing either to the temptation of monetary and material inducements or the pressures of politics of fear and intimidation. Read the rest of this entry »

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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 »

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Malaysia murder sets off explosion of intrigue

by Amanda Hodge
The Australian
FEBRUARY 20, 2016

Ten years ago the murder of a glamorous Mongolian translator with links to Malaysia’s highest political office set off a chain of events that is now reverberating uncomfortably through Australia’s halls of power.

On October 19, 2006, Altan­tuya Shaaribuu, a translator and 28-year-old mother of two, was abducted by two Malaysian police commandos from outside the Kuala Lumpur home of her former lover, Razak Abdul Bag­inda, a close confidante of then defence minister Najib Razak and a key mediator in a multi-billion-dollar submarine defence deal.

Sirul Azhar Umar and Azilah Hadri, both bodyguards with an elite protection force for Malaysia’s top leaders, drove Shaaribuu to the Shah Alam forest on the outskirts of Kuala Lumpur, where she was shot twice in the head and her body blown apart with C4 ­explosives.

At his trial in Malaysia, Sirul — who is now being held in Sydney’s Villawood Immigration ­Detention Centre after fleeing to Australia — insisted he had no personal ­motive for wanting Shaaribuu dead and was acting under orders. “I am a black sheep who has to be sacrificed to protect unnamed people,” he tearfully told the court.

Shaaribuu’s murder has ­become one of Malaysia’s most notorious crimes thanks to the political intrigue and murky networks of patronage and corruption it has always threatened to expose. Read the rest of this entry »

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Withdrawal of sedition charge against Azmi Sharom only silver lining in gathering of dark clouds following Apandi’s appointment – call for dropping of all sedition charges

The only good news in the past six months is the withdrawal of the sedition charge against Universiti Malaya law professor Azmi Sharom, following on the earlier withdrawal of the sedition charge against DAP MP for Seputeh Teresa Kok over a Chinese New Year video “’Onederful’ Malaysia CNY 2014”.

The withdrawal of sedition charge against Azmi, and the earlier withdrawal of the sedition charge against Teresa Kok, are the only silver lining in the gathering of dark clouds following the sudden and shocking sacking of Tan Sri Gani Patail as Attorney-General and the appointment of Tan Sri Mohamad Apandi Ali as the Public Prosecutor of the land six months ago.

But this is not adequate, as both Teresa and Azmin should not have been charged in the first place.
I fully agree with Azmi that Malaysians are relieved that common sense had prevailed, but this must apply not only in the two cases of Azmi and Teresa, but also in all the other cases where the Sedition Act been used to stifle legitimate dissent and criticism.

For this reason, I call on Apandi to drop all charges under the Sedition Act against Opposition MPs, civil society activists, lawyers and cartoonist including Zunar. Read the rest of this entry »

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In Bolehland whether its a crime or not, depends on who did it!

By Martin Jalleh

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The Chosen, Frozen & Beholden Ones!

By Martin Jalleh

The Chosen, Frozen & Beholden Ones!

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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 »

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