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Zaki’s quadruple jump as Court of Appeal President – will he undertake to recuse himself from all cases involving Umno?

Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, cannot be more wrong when he cited Tun Mohamed Dzaiddin Abdullah as a precedent for the fast-track elevation of Tan Sri Zaki Tun Azmi as the Court of Appeal President, half-a-heart beat away as Chief Justice of Malaysia in ten months’ time in October next year.

Zaki’s triple jump to become Federal Court judge in September without ever being High Court or Court of Appeal judge is completely without precedent in the nation’s judicial history for half-a-century — just like his quadruple jump in three months up the judicial hierarchy to become the Court of Appeal President or his quintuple jump in a matter of a year when he is appointed Chief Justice of Malaysia next October when Datuk Abdul Hamid Mohamad steps down from the topmost judicial post.

Nazri had been wrongly advised about the history of judicial appointments for Dzaiddin, who served as High Court Judge for more than 10 years and Federal Court judge for seven years before he was unexpectedly appointed the Chief Justice of Malaysia in December 2000 — as the choice of the Conference of Rulers which had rejected the original nominee presented by the then Prime Minister.

What are the grounds for the supersonic flight up the judicial hierarchy for Zaki – apart from his Umno associations – as he is no legal luminary in the Malaysian legal firmament.

At a time when the country is struggling to come out of the 19-year crisis of confidence in the independence, integrity and competence of the judiciary, Zaki’s most unorthodox triple, quadruple and quintuple leap up the judicial hierarchy raises most disturbing questions whether there is any real understanding let alone political will on the part of the top national leadership on the urgent need to restore the Malaysian judiciary to the world-class level it had enjoyed two decades ago.

Or is Malaysia on the occasion of its 50th Merdeka anniversary taking the first step to have an Umno Chief Justice instead of a Chief Justice for all Malaysians by October next year?

Zaki’s long association as Umno legal adviser and corporate lawyer (including being involved in dubious Umno corporate deals) is a matter of public record and well-known.

Zaki should explain how he proposes to assure Malaysians that he would be Court of Appeal President and later Chief Justice of Malaysia for all 27 million Malaysians and not just for Umno.

Is he still an Umno member and if not, when did he resign from Umno.

What were the corporate appointments, associations and involvements which he relinquished following his appointment as Federal Court judge in September, and why is he shy to make public the full list of the corporate appointments he had relinquished and still to be relinquished which is routine for judges in developed countries where judicial accountability, transparency and integrity are taken seriously.

Will Zaki undertake to recuse himself from all cases with Umno political and corporate interests while serving as Court of Appeal President and when elevated to Chief Justice of Malaysia in 10 months’ time to assure all Malaysians that he would not compromise the principle of judicial independence and integrity?

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91 Replies to “Zaki’s quadruple jump as Court of Appeal President – will he undertake to recuse himself from all cases involving Umno?”

  1. We have lost confidence in judicial, yet they appointed someone connected with political party to be a judge. How do we ensure that this judge is not bias in his judgement and his political master?

  2. We a have a very defiant Prime Minister in Malaysia.

    “The peolple should not be afraid of the governmet, the government should be very afraid of the people!”

    What must we do do to undon what Badawi has done in the appointment of this Deputy CJ?

    VOTE BN OUT OF THE GOVERNMENT!

  4. what are the reporters from the papers doing? They just accept everything that Nazri said as true gospel. Didn’t they ask questions or highlight that what he said is not true. This is whole load of crap.

    anyway I’m disappointed with the BN leadership for this so call nomination which I believe has not has the blessing out HRH the King cos Zaki has no date of appointment yet. Looks like our govt has been plotting this move for sometime and really surprise me that Nazri wants us to think that there is no interference in the judiciary from the executive branch.

    I hope HRH the King and the rulers will again show their wisdom and teach this HP6 Cabinet a thing or 2 and appoint more suitable candidates that Zaki has managed to leap frog over. These are the judges who have seniority and have written judgments. How is Zki going to lead the way when he has no experience what so ever. Really sick.

  6. We now have a COA president which had not write any judgement or hearing any cases. Well done, to the judiciary and only in Bolehland.

    But the Pee AM cannot appoint Zaki without the Agung consent. So what all we can say.. and I’ll leave the thought to you all.

  7. As we all assume…like what was written from RPK’S blog………..that Royalties indeed have more powers than we all assume….so…what happens in this case?Will this Zaki be eventually be promoted to be the No.1 In the judiciary?Will the Agong and the conference of rulers withheld the promotion when the time comes?If this Zaki chap do becomes the No.1 come next year…then what other avenues do we all have left??
    Long live the Agung

  8. Looks like Pak lAh is not interested in cleansing the government machineries. He looks real stupid enough to appoint some one like this. Already the judiciary is tarnished with scandal and yet he simply goes to appoint this guy.
    Hey, don’t we have anymore talents to fill this post? If not, looks like we are a real nation of fools!!!

  10. There is a catch here on Zaki appointment. There is no appointment date?? How come?? Is it that the Agung havent sign the dotted line yet but Pee Am already announced it to the media and country.

  12. Friends,

    I maintain the one sure way to fight this injustice is through the ballot box. There is a great chance that the coming election would be fairer. There is a great chance that DAP would win more seats. I don’t know the strength of PKR. According to MT’s blog, Trengganu and Kedah might fall to PAS. Kelantan is a sure state. Sarawak’s DAP is likely to increase it’s representation. Sabah.. any news?

    The HINDRAF case could swing votes – we can’t say where the undecided would go. But I must appeal to you all… do your little bit. Spread the words around. We all can do that beside shouting hoarse in YB Lim’s blog.

    YB Lim, I did suggest you prepare a column exclusive for the GE. I think the GE is coming sooner.. the states BN have their meeting last week… my family members still in BN won’t talk about it.

  15. Bodowi said more than half of his cabinet members are non-Muslims and non-Malays.

    With Bodowi alone carrying 3 important ministry posts and all other key ministries are headed by Malays and Muslims, of course he can boast that half his cabinet members were non-Muslims!

  17. shiock Says:

    December 7th, 2007 at 15: 40.06
    There is a catch here on Zaki appointment. There is no appointment date?? How come?? Is it that the Agung havent sign the dotted line yet but Pee Am already announced it to the media and country.
    _____________________________

    Actually, RPK hinted not to believe whatever I read in BN controlled media. So maybe, there’s no consent yet! But let’s wait and see.

  18. The supersonic rise of Zaki itself has caused lots of unease & adverse speculation,but this is made even worse after hearing the words that Zaki is a straight person by none other than Nazri.

    And now you have people wanting to amend the constitution to extend the service of one man,so indespensable? Is it purely for the good of the nation or the ruling party?

    It is frightening to think about JUSTICE; CLEAN & FAIR election in Malaysia.

  20. When a trial judge seen played badminton with DPP, it was not right…..

    In Altantunya case, Gani said he had replaced the entire team of prosecutors to ensure a fair trial to all parties concerned. He said he had taken Deputy Public Prosecutor Salehuddin Saidin out because he was seen playing badmintonwith trial judge Justice Datuk Mohd Zaki Md Yasin.

    Surprisingly, appointment of an UMNO -affliated Zaki as Court of Appeal President and later Chief Justice of Malaysia is nothing wrong…..

    What wrong? nothing wrong, because UMNO is the LAW……

    This is not what Malaysia is supposed to be!!!!!

  22. Well unfortunately many still are not registered to vote. They talk allot of the corruption but they do not want to get off their lazy ass to register and vote.
    Some gov. servant are afraid to vote because each ballot has a serial number linked the IC of the voter. They are afraid gov. will screw them later.
    This is my first time voting but I would like to know is the ballot serial number linked to the IC of a voter.

    Like this how to vote this gov. out

  26. Significant years for the Judiciary :

    1980s, early 90s : Royalty loses powers and brought into line; they can be sued, laws can be passed without their assent

    1988 onwards : Federal Court Judges sacked; compliant judges appointed; independence of judiciary in doubt

    2007 : UMNO related judge appointed, may head the Judiciary soon and control its administration

    Will the final nail on the Judicial coffin be hammered in soon? Then the transformation of the Judiciary into a compliant arm will really be complete. And what will we have?

  27. Significant years for the Judiciary :

    1980s, early 90s : Royalty loses powers and brought into line; they can be sued, laws can be passed without their assent

    1988 onwards : Federal Court Judges sacked; compliant judges appointed; independence of judiciary in doubt

    DR M’s true legacy to Malaysians.
    He removed all the safe guards,

    2007 : UMNO related judge appointed, may head the Judiciary soon and control its administration
    Now we have an unstoppable monsters on the rampage abusing all that power.

  28. WHAT UMNO WANT IS A UMNO-COMPLIANCE JUDICIARY SYSTEM

    …..THEY ALREADY CONTROLLED MAIN-STREAM MEDIA…. NOW THE JUDICIARY SYSTEM…..NEXT….ELECTION SYSTEM….

    …..WHAT IS HAPPENING TO MALAYSIA?

    PEOPLE OF MALAYSIA HAVE THE DUTY TO CHANGE THE COUNTRY….CHANGE FOR A BETTER GOVERNANCE OF THE COUNTRY… FOR THE SAKE OF OUR FUTURE GENERATIONS

  29. You must be joking, Mr Lim to expect Zaki to recluse himself from any case where UMNO interests are vested. It is obvious , isn’t it , the reason for him to be place in that position. But it looks like it is a fact now. I console myself that our judiciary has for all intents and purposes been subservient to its political masters since the sacking of Tun salleh Abbas in 1988. So no big deal now. This PM has just made it official.

  30. Lord Denning stated this in 1957 aka the year we attained independence..”It is all very well to paint justice blind.But she does better without bandages round her eye, she should be blind indeed to favour or prejudice but clear to see which way lies the truth.’

    If bandages can be removed ,can the bondage be removed?

  32. So what you rakyat can shout until you froth from the mouth, this PM Abdullah is definitely challenging you! They are so certain they are going to win the next GE.

    Let’s send the tremors, vote BN out!

  42. What great things Zaki had contributed to Malaysian judiciary system so far?
    Had he written any great books yet?
    What qualification and experience this Kaki has?

    He is just one of UMO cronies meant to protect UMO interesets.

    Why Mahathir is so silence now on all issues from Birsih to Hindraf to Kaki appointment?

    [deleted]

  44. “What great things Zaki had contributed to Malaysian judiciary system so far? Had he written any great books yet? What qualification and experience this Kaki has?”

    1. He is Malay.
    2. He is a lawyer.
    3. His father was Tun Azmi.
    4. He married somone half his age across the border – Las Vegas style only to divorce her after robbing her of her innocence.

    What more do you want?

    [deleted]

  53. Justices to the U.S. Supreme Court are nominated by the U.S. President based on their positions on the issues like abortion etc but not on their political affiliations.

    Would nominating Zaki be different?

    In the case of the U.S. the President’s nominee will have to go through an excruciating process in front of the U.S. Senate Judicial Committe when he is X-examined on his beliefs.

    Now here comes the bomb! His private life is also up for examination!

  54. undergrad2 Says:
    December 8th, 2007 at 00: 27.21

    …In the case of the U.S. the President’s nominee will have to go through an excruciating process in front of the U.S. Senate Judicial Committe when he is X-examined on his beliefs.
    Now here comes the bomb! His private life is also up for examination!
    _______
    Now this is something we can emulate for the long term good of our nation.
    Thanks Undergrad2!

  55. “Nazri had been wrongly advised about the history of judicial appointments for Dzaiddin, who served as High Court Judge for more than 10 years and…”

    Nazri! Wrongly advice? You gotta be kidding me (deleted).

  57. “I maintain the one sure way to fight this injustice is through the ballot box. There is a great chance that the coming election would be fairer…”oknyua
    _______________________________________________________
    What make you think the coming election would be fairer? Are you awaked?
    Why do you think it is urgent for BN to bulldoze through the constitutional amendment to extend the EC chairperson’s tenure by a year? It is simply because Abdul Rashid Abdul Rahman is a tested stooge who knows how to manipulate a GE to deliver another 2/3 majority for the BN. Under the current unfair electoral system and a total subservient mainstream media it is naïve to think you can fight injustice through the ballot box

  58. GLC ‘government linked court’, the whole BN is focusing on ‘ethnic cleansing’ and not seen any concrete affirmative policy on how to help our Indian, ’31 Hindraf men not allowed bail’, ‘Malaysia tops Asia democracy survey’, ‘Hindraf is suspected to be in contact with Tamil Tiger!?’, ‘PM must not meet Hindraf members – by the SIL; aren’t Pak Lah the People’s PM? Aren’t Pak Lah the proper channel as was said by so many BN men before and immediately after the rally?’
    Habis-lah, this is the state of our beloved country!
    I really hope our oil reserve suddenly dries up; it may be the only peaceful mean to wake them up before its too late.
    Don’t be conned, my fellow country men, vote them out in the next GE! Give HOPE to our children!

  61. Clearly an unmitigated disaster for Bolehland. In their haste to “control” the judiciary, the thieves have made a mockery of the justice system and have taken it backwards to the stone age. What were they thinking of ? That international investors would not see what is going on ? That rating agencies would turn a blind eye ? That our standing amongst our neighbours and in the international community does not make us a target of ridicule ?

    I am convinced that we will never make it to first world status. With these thieves trying to cover their backsides at every turn, we will perpetually be in the twilight zone.

  63. kantanboy, you seem to post from the other side of the world.

    Firstly, take a trip around Malaysia. I spent the last few days travelling – talk to people. Invariably the topic of politics would come in. Make your own judgment. My judgement is exactly the same as what most posters see – the AAB government is afraid of its own shadow.

    Secondly, look at the big picture. Never in my memory has the government been on a defensive as it is now. Even the “reformasi” era wasn’t as severe. There is some grumblings within UMNO too. From there I just deduce that in this election the BN is not only looking for another win, but would be extra careful about the image. You may disagree with me.

    Finally, since I am on YB Lim’s moderator’s list, I’ll reduce my posting – maybe once a week, or a month, but meanwhile, try to attack ISSUES, contribute Ideas, give suggestions and to everyone, refrain from obscenities. We try to raise our credibility and protect this blog from negative reprisals.

    Thank you.

    (No, you are not on the moderator’s list. But some of your posts may be caught by the moderator’s list because of certain phrases, partilarly four-letter words. – Adm)

  64. Someone ask about Sabah. I happen to be there for about a year.

    Generally, the chinese are very unhappy as recently the former chinese CM left the current cabinet, some say due to the huge Kuan Lim statue not being allow to be erected as planned for a chinese temple.

    The kadazandusun are also not happy as they felt that they have been marginalised and treated as 2nd class bumiputra. The so called special previledges mainly go to the Muslim bumiputras.

    The Malays are also not so happy because they seem to think that the current CM sapu everthing including extracting timbers. They even say that areas that can be logged sudah habis and even the wild animals have no place to go!

    Sabah has a good chance for the opposition to increase their number of seats. Thought history has shown that Sabah can change gov’t easily but not so now. Those days the ratio of Malays:Kadazandusun:Chinese was 40:40:20 but now with maybe at least half a million Indon already legally a Malaysian you can imagine the ratio has changed and certainly UMNo has a firm grip in Sabah just like in the West Malaysia. This is also one of the main reason why the Chinese and Kadazandusun are not happy about.

    Everyone should aim at NOT GIVING BN A TWO THIRD MAJORITY so that there is check and balance not only in the parliament but also in the state assemblies.

  65. Zaki appointment and the PM’s recent joining of chorus alleging terrorist link of Hindraf worries me a lot. There appear to be a hidden radical-streak in the PM. Zaki cannot be impartial, its obvious. There are many more candidates more qualified than Zaki and this veneer of qualification for eventual top judge position is very worrying.

    Frankly, its no wonder the small group of lawyers want to go ahead with the walk on Sunday even if the Bar Council cancel it officially…

  66. “Try telling this to AAB. I’m convinced that his knowledge of the word “fair” refers to the skincare products he is using.”

    The last time I spoke to him about being “fair” he thought I was asking him to go to the fun fare.

  75. We can shout till the cows come home and still things will not change for the better. The PM says he has big ears but what’s the point if he chooses not to listen. I’m sure he has big eyes too but is managing the country like a blind man. There are so many things going wrong in the country and the rakyat have spoken but he’s more interest in persecuting them to the hilt of the laws no matter how unjust. He calls himself a religious man but he’s actually turning into a monster. Good advices and suggestions by our country top professionals and honourable men and women including royalties are cast aside. Instead he chose to listen to the sychophants he surround himself with and parroting his son-in-law on every issue affecting the country. When will we see the light at the end of the tunnel for us rakyat? It’s scary the direction our country is heading.

  76. A person with political link, more so when the link still exist, appointed to the judiciary, cannot be impartial, whatever claim BN or UMNO tried to justify. He is just a human being. With years of such close linkage to a politial party, he is bound by rudimentary sentiments and te string attached.

    We can only judged that appointment as poor decision on the part of PM advising the King. The aspersion cast is wide and far reaching, and it is a laughing stock to all and sundry.

  77. Can this country be saved electorally…….don’t know…..but after all the demos, Altantunya and especially HINDRAF….the eyes of the world will be on Malaysia…….need to build on this for fairer elections……you want Zaki out…take it internationally……I think Volkswagen and a lot of the other FDIs already had enough…that alone is testimony that the world is taking note…..it is difficult to do business with crooks…..they tend to take your money and business eventually…..with Zaki on the bench businesses will be nationalized or UMNOnised via the judiciary……..it has to be Khairy’s idea……

  79. One day, zap! – he parachuted
    on the Bench.
    Then zap, zap, zap,
    Zak’s hopped to center Court.

    Peals and squeals,
    flies in the pants.
    Flies in the face of common sense;
    Flies low, the fly shows.

    Flies on the walls
    surveys a fly in the ointment;
    zap, zap, zap
    golly..it’s a rat’s ass.

  80. In fact, someone should just turn the PM around, strip his pants and give him a huge spanking on his bottoms for yet another debacle!

    I think his father would do exactly that on him! Poor learner that he is needs another hard lesson and hopefully, that should be his last.

  84. I know Zaki and the little that I know of him is enough to convince me that he doesn’t want to be on the Bench. I do know also that he’d rather put others on the bench and do the spanking rather be spanked like you said.

    The guy is rich because of opportunities given to him for his pro bono services as a lawyer to UMNO. Once he griped to me that he’s not making one cent for his services. He is honest and he is right about not making a cent on cases he worked on for UMNO.

  86. undergrad2 Says:

    Today at 01: 40.41 (5 hours ago)
    I know Zaki and the little that I know of him is enough to convince me that he doesn’t want to be on the Bench.

    Does Mahathir know him?
    Does Pak Lah know him?

    If they don’t, is it possible then that they may be deaf and blind!
    If they do, then quite ostensibly they are deaf and blind.
    If not physically, at least spiritually deaf and blind!

  87. An exercise in syllogism:

    “The morality of the Federal Court is lower than that of the UMNO disiplinary committee.”

    Why?

    ZAki is not good enough (or ‘moral’ enough) to be deputy head of UMNO’s disciplinary committee.
    Zaki is excellent material (and in Nazri’s word ‘good character’ or, in other words, ‘moral’ enough) to be Federal Court’s top judge.

    The dangers of syllogististic reasoning:

    1)The chimpanzee has a bigger brain than Man.
    The brain is used to think.
    Syllogism: The chimpanzee thinks better than MAn!

    2) nazri has a big mouth.
    A big mouth enjoys NUTS.
    nazri is a big mouth that enjoys NUTS!

  91. Let’s make this poem compulsory reading for SPM English paper
    http://www.kerissilau.blogspot.com/

    It has been hectic lately
    I will miss summer in Sydney
    Unless I hop on Pak Lah’s jet to OZ
    I am not joking it can be a reality
    I will follow footsteps of Khairy
    Bump my car to Jean’s daughter accidentally
    Get to know her daughter and marry
    Then the rest is history
    I became step son-in-law of Mr. Badawi
    Step brother-in-law to Nori
    Are those words are in dictionary
    No worry mate Malaysia Boleh mentality
    You can try your luck for one more vacancy
    Than we can compete with Khairi
    Forget about 4th floor we can occupy Level 3
    Then we ask our step pak mertua for some AP
    We can go thru our Mak Mertua alternatively

    Well, you don’t learn this in university
    Khairy got the idea from Hindi movie
    Know-how becoming secondary
    Know-who is now a priority
    Those professors got to learn the reality
    Just like Cash-Flow quadrant from Kiyosaki
    University taught us to become Employee
    Sampai mati asyik makan gaji
    Not to become rich and wealthy
    So we suffer during economic crisis and Inflasi
    Umno cronies have buffet but we have Maggi mee

    How do you like my modus operandi
    Do you think it will work nicely
    But Mat John, I am not that hungry
    I don’t have plan to become PM by 40
    I don’t dream to own a few Bs
    I am just contented with a few Cs
    Life is not about power and money
    I don’t go for glamour and popularity
    I don’t yearn for assets and property
    I just happy to study Shafie and alGhazali
    Meaningful life in Damai Abadi

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