Posted on by Kit

AG’s Hindraf selective and malicious prosecution – widening crisis of confidence in administration of justice

The Attorney-General Tan Sri Gani Patail should drop the charge of “attempted murder” against the “Batu Caves 31” and abandon the manhunt to charge at least another 30 on the same count as it will result in a new crisis of confidence in the administration of justice over selective and malicious prosecution in the abuse of the Attorney-General’s discretionary prosecution powers.

It is most outrageous and a blot in the Malaysian administration of justice that the Shah Alam Sessions Court could be so harsh, excessive and unconscionable as to accede to the Attorney-General’s outrageous demand to deny bail to the 31 persons charged with the ridiculous offence of attempted murder of a policeman and to send them to Sungai Buloh Prison in the past four days since Thursday.

Sixteen of these 31 had been earlier charged in the Selayang session’s court with being at an illegal assembly in front of Sri Subramaniam Temple at Batu Caves between 1 am and 8 am on Nov. 25, and released on a court bail of RM1,000 each.

They were free for only three days as they were re-arrested for the capital offence of among 31 for the attempted murder of a cop, for which they were not allowed bail and sent to Sungai Buloh Prison pending trail, which could see them being imprisoned for months on end although their guilt has not been established and have their innocence proved at the end of the trial.

In upholding the Attorney-General’s unreasonable demand that the 31 be denied bail, Shah Alam sessions judge Azimah Omar said she had considered the severity of the offences and the issue of national security in the ruling. She said that the participants in a large unlawful gathering had put the public and national interest at stake, not that of any particular ethnicity, religion or race.

As these 16 persons had been released on bail for three days before re-arrest for the capital offence of “attempted murder”, were there any evidence in those three days of freedom to show that these 16 people were grave threats to national security as to justify their being treated as hard-core anti-national elements?

Did the Session Court judge acted rightly, fairly and judiciously in exercising her discretion to accede to the Attorney-General’s demand to deny the 31 bail, despite the clear evidence of the medical and other problems faced by the accused?

What is even more shocking is the disclosure by Gani Patail at the Shah Alam Session Court last Thursday for a manhunt for at least another 30 to be charged with attempted murder.

To charge 31 persons for the attempted murder of a policeman injured in the fracas at the Batu Caves on Nov. 25 is already outrageous and mind- boggling enough – but clearly, the Attorney-General is determined to set a new mind-boggling record of outrage in wanting to prosecute over 61 persons for the attempted murder of one cop in one fracas in Batu Caves with the manhunt.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi is well-advised to caution the Attorney-General of the far-reaching consequences of provoking a new crisis of confidence in the administration of justice through flagrant abuse of the Attorney-General’s absolute discretion in prosecution with blatant instances of selective and malicious prosecution.

For the best part of the past decade, the crisis of confidence in the administration of justice had been confined to the judiciary’s failure in independence and integrity – with the country spared of the earlier crisis of confidence over the Attorney-General’s abuse of his discretionary powers through blatant selective and malicious prosecution.

Is Malaysia going to see a return of the double-barrelled crisis of confidence in the administration of justice – not only over the lack of confidence in the independence and integrity of the judiciary but also in the blatant abuse of discretionary powers of prosecution of the Attorney-General?

(Media Conference Statement 2 at the DAP Ipoh Timur/Batu Gajah foodfair at Tou Boo Kong Temple, Ipoh on Sunday, 9th December 2007 at 11 am)

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66 Replies to “AG’s Hindraf selective and malicious prosecution – widening crisis of confidence in administration of justice”

  2. How very convenient. Just label a guy or organization terrorist, traitor, murderer….and the problem will disappear. Badawi must learn that he, as was his predecessor, Mahathir is guilty for Malaysia’s poor getting poorer, especially now the Indians. If these guys cannot face up to reality and come up with solutions, its better they dont descend to pseudo name calling/ labeling. Hindraf has given publicity relief to Malaysia’s biggest crooks, corrupted politicians, Badawi and the AG included, who have systematically stripped this country’s wealth at the expense of the country’s dispossessed.

  3. this is a country whose leaders are power n cash hungry. please take a leaf out of book of the ex-pm of australia, howard n step aside when ur time is up. re-learn good governance. we have an IGP making up all kinds of lies just to incite the majority. Who really is seditious? I appeal to all malaysians.. use ur intelligence n read btwn the lines. where is the proof? but the proof of very poor indians is everywhere. u may say the malays are poor too but hey, u were aided for 50yrs n if u remain poor perhaps u shud look at urself n ur leaders. indians n chinese too shud look at ur leaders. when elections come around, use ur intelligence. time for all malaysians to walk for a fair and efficient government. equal rights for all children of malaysia.

  5. It is obvious the authorities are doing all they can to intimidate and harass those who want to see the rot in the country reversed. I think no amount of debate on good governance, fair play, transparency and ethics is going to change things. It is not like those in authorities today do not know the virtue of all these. Running the government is essentially managing the trade-off between private greed/interest and public interest. The very reason they are doing all they can to stifle dissent is to reinforce the very power they are enjoying now. It is not that the authorities do not know they have done wrong. It is not that the authorities do not know citizens are crying for rightful change.

    Our nation is already no the slippery road which probably will take a long while to recover. One just has to look at South Africa during apartheid and the present day Myanmar and North Korea. Many people suffered and the whole world knows about it, but the point is what can we do about it. A State has certain inherent power and resources to abuse and subjugate their own people for a long time. It also has influence over governments of other countries. It is not uncommon for governments to work hand in glove because they may not know when they need each other. Hence quid pro quo is so commonly observed everywhere.

    Our remedy really is to what extent our people and leaders are tenacious enough and willing to sacrifice their personal freedom or suffer financial hardship to bring about change. It is a tall order indeed. When push comes to shove how many of us (me included) are left standing. There is a saying “opposition never wins the election; the government loses it”. If we see precipitated dismantling of governance and ethical standards in the public realm, how do we reverse it if the change in government is out of reach?

    Sdr Kit and DAP have been fighting for decades now. No doubt lots of misdeeds, abuse of power, corruption and poor governance were highlighted. We have all become more aware, and many people are not happy with the situation. But why things aren’t happening. Why can’t things change for the better if so many of us are desirous of change? I have questions but I have no answers. I hope more discussion will focus on practical measures that bring about change for the better.

  6. In the event of change of Govt. the AG himself will be in the slammer for crimes against humanity. Consider:

    I was shocked that Dato Gani even had the gall to make such a suggestion to me. He obviously does not know me. I do not approve of such extraction of evidence against ANYONE, not even, or should I say least of all, a beggar picked up off the streets. A man’s life, or for that matter even his freedom, is not a tool for prosecution agencies to use as a bargaining chip. No jurisprudential system will condone such an act.

    It is blackmail and extortion of the highest culpability and my greatest disappointment is that a once independent agency that I worked with some 25 years ago and of which I have such satisfying memories has descended to such levels in the creation and collection of evidence. To use the death threat as a means to the extortion of evidence that is otherwise not there (why else make such a demand?) It is unforgivable and surely must in itself be a crime, leave alone a sin, of the greatest magnitude. Whether his means justify the end that he seeks are matters that Dato Gani will have to wrestle with within his own conscience.

    http://www.aliran.com/oldsite/monthly/2001/6i.html

  8. Limkamput, I agree totally.

    We can shout silly but what do we achieve other than unnecessary adrenaline rushing our cheeks? Many of the issues raised are quite obvious and we are not stupid to misinterprete them. But what are doing about these issues? Continue shouting hoarse?

    Limkamput, I agree we must zero down our disatisfaction into practical actions. I’ve just returned from one eastern state. Disatisfaction there is bad. Soon I am going to the east coast. You don’t have to be a DAP or PKR to do your part.

    We must also realise that the new judge, demonising HIndraf etc are all part of UMMO’s tactic and we are in danger of falling into their trap.

    (YB Lim, my posts used to disappear and I thought I was on the moderator’s list. No, I don’t think I am capable of using 4-letter words).

  9. BN destroying the economy:

    TN Traders Federation demand ban on Malaysia Oil
    Chennai, Dec. 08 The Tamil Nadu Traders’ Federation today organised a protest demonstration, demanding ban on import of Palm Oil from Malaysia, to “teach” the country, a lesson for ill-treating the ethnic Tamils.

    Federation President T Vellaiyan, who led the agitation, urged the Centre and DMK Government to impose the ban and exert more economic pressures on Malaysia, till it realised its mistake.

    He said the ban should be in force till the Malaysian Government changed its attitude towards the ethnic Tamils and withdraw all cases foisted against them.

    Pointing out the strong economic ties between the two countries, Mr Vellaiyan said the Malaysian economy strongly depended on us and India should make Malaysia realise this and mend its ways. The agitators, who assembled in front of the Chennai

    Port, demanded that the Malaysian Minister tender an apology for criticising Chief Minister M Karunanidhi, who had sought the intervention of Prime Minister Manmohan Singh.

    They also expressed shock and surprise that the Malaysian Government let loose violence on the ethnic Tamils, who were responsible for the development and prosperity of Malaysia.(Our Correspondent)

    Published: Sunday, December 09, 2007

  10. They have finally shown the world their true colours. By fabricating charges against a group of innocent civilians belonging to a minority group, they have shown the world that they don’t care about truth, integrity and good governance. They are showing the world they will do anything, legal and illegal, to protect their own turf, to protect their right to steal.

    There will be Nuremberg-style trials for all these crooks once we force a regime change. The sheer viciousness of these people in suits, who pray 5 times a day, and who swore to uphold the law as elected representatives is simply astounding.

  11. That’s what we get when we gave them the 92 pct majority. The process of corruption of the judiciary and the enforcement agencies under Mahathir has gotten worse under Badawi. These people think they are now invincible. Reading the mainstream press, one would be forgiven to think that Bolehland is indeed in a state of perpetual bliss. Sigh.

  12. The fanatic UMO right wings are trying to push Hindraf towards the cliff by using a jusdiciary system UMO has a total control, a “mainstream media” that act only as a mouthpiece of UMO Gomen, a police force that is most biased.

    Tell me, instead of instant death, what will Hindraf do?

    Are UMO fanatics trying to make Hindraf members to become real suicide bombers?

    Why dialogues cannot be held?
    Even a kid knows Indians and other minorities in Malaysia are seriously been systematically marginalized all these past 30 years.

    Nothing UMO can hide this fact from this world.

  13. Sorry Saudara Kit Siang,
    Messages on your blog are not good enough to win an election.
    Please sit with KeADILAN and PAS and come out with a strategy to win the next elections.
    Please tell us what more must happen in this country before all the three of you will decide to sit together and strategise for the common good.

    Thanks

  14. Saint is right.

    The past few decades I had seen many European governments were brought down by the joint-force of the ultra left wing parties with the extreme rights!

    All our 3 opposition parties are not ultra left nor right wing parties.

    DAP, KeADILan and PAS have a huge common objective — to bring down this most corrupted Gomen of all time!

    With such BIG common goal, it is absolutely essential that all 3 opposition parties form a strong union to topple this Gomen!

  15. Mr kit,
    I have something to share with you,its all started when i was a teenager.I and my family use to visit a temple at the peak of gunung jerai.ITS more than hundred years old temple situated at the telecom tower,i mean at the peak.SO SAD THE ARMY AND THE TELEKOM STAFF DEMOLISHED THE TEMPLE AND THREW THE STATUE IN THE RAVINE IN 1987.SO this umno led govt been demolishing the places of worship years back.AND now they are accusing this innocent 31 as murderers and hindraf affliated to terrorist org.This statement is coming from IGP,AG AND OUR IMAM HADHARI.

  17. Justice consists not in being neutral between right and wrong, but in finding out the right and upholding it, wherever found, against the wrong.
    Theodore Roosevelt, 1916 (quoted in the Theodore Roosevelt Centennial CD-ROM)
    26th president of US (1858 – 1919)

  18. Why the bunch of ruling idiots refuse to recognise the pitiful plight of the marginalised Indians?Just look around you ,the sight of the typical poor bread vendor with loaves of bread hanging around his ramshackle motorbike going from kampong to kampong just to make ends meet.The thousands of low income Indian labourers and ordinary workers occupying squatters and low cost flats in urban areas.They have been suffering for decades and yet the brainless,corrupt and arrogant leaders want to bulldoze them.Are you animals?If you aren’t?Why are you so senseless and unsympathetic?

  19. Really, does it look like anything else? The powers that be wants to instill fear in any Malaysian who may want to struggle for a more democractic and just country. The HINDRAF demonstrators are just scapegoats who fit the bill so conveniently. Perhaps I may be so daring as to pronounce that they shall all be found guilty.But to show their magnamity, they will allow the defendants to be spared the death penalty. What else can we expect of a judiciary subservient to its political masters!!!

  20. WARNING – THIS IS NOT A JOKE

    I am no political analyst, nor a self professed political activist of sorts – just an undergrad who failed twice. My only access to events in Malaysia is this blog and a few others.

    Once in a while I feel the need to stealthily walk into the Malaysian Embassy and steal some overused, torn and out-of-date newspapers to read, to peruse and devour the news – skewed, fabricated, half-truths, spin from the spin masters and pinheads in pin striped suits though they are but these are still news to me. Through the years I’ve mastered the art of reading in between the lines and believe I’ve perfected the art into a rocket science. Friends advise me to apply for permanent residency in the United States under the “people with special skills” category.

    Recently I have consulted a soothsayer desperate to know where our beloved country Malaysia is going. She tells me my country is like a ship caught in a violent storm, with a captain more often asleep with his pants down than not (and I use this metaphorically in case the moderator gets a little itchy in the hands and snip away), is fast drifting away into uncharted waters.

    Sadly this mirrors the image of the country’s race relations today.

    I really think all Malaysians should take time off and go to temples, churches and mosques.

    In the United States in the immediate aftermath of the 9/11 houses of worship were filled to capacity. We all learn a lesson from the tragedy and are still doing – except that ours is now to avoid a catastrophe that could well parallel that of 9/11.

    Either that or laughter could still be the Final Solution. Imagine all Malaysians of different races and different religious and political affiliations sitting around a table with Abdullah at the center (catching up with his sleep as usual) and Kit next to him, all having a good laugh with the BERSIH, HINDRAF (without representatives from LTTE) and the lawyers (without V.K. Lingam).

    That would be our equivalent of Martin Luther King’s “I have a dream”.

  21. We appeal to the United Nations Council for Human Rights, in particular the United States of America and the European Union, to issue a stern and strong statement of condemnation of the Malaysian UMNO-led government, for gross and despicable violation of the basic human right to peaceful assembly, for the unlawful and inhumane prosecution of innocent victims of peaceful rallies, for the instigation and false accusations made against participants of peaceful rallies, for the abuse and corruption of the judicial process, and most of all, for the failure to protect and uphold the statutory rights and civil liberties of the Malaysian citizens as enshrined in the constitution.

  22. I find the following statement issued by HINDRAF leader Moorthy disturbing if not for anything, for the lack of sincerity on the part of its author:

    “Mr Moorthy told Eastern Eye:

    “Malaysia supposedly became independent 50 years ago but the Hindus of the country have never experienced independence. They are denied the right to practice their religion, their temples are desecrated, they are forcibly converted and are subjected to unbelievable atrocities. ”

    Since when were Indians denied their right to practice their religion?? The presence of Hindu temples is testimony to their right to practice their religion. Is it not? Or am I dreaming? Our Malay brothers and sisters have no such right and have more reason to protest. They have only the freedom to practice Islam.

    The location of some of these temples on land not gazetted for such a purpose or on land acquired lawfully under the Land Acquisition Act for public purposes is an issue of law and order. On one hand we have human rights activists arguing for the return to the rule of law and on the other we have elements within our society who have chosen to adopt extra-legal and extra-constitutional means to work within the framework of an agenda they have crafted for themselves.

    When government enforcement officials move to demolish illegal structures they are enforcing the law. When these illegal structures happen to be places of worship, they should move with care, sensitivity and respect – be they temples, churches or suraus. Failure to show sensitivity when doing so has given rise to claims of desecration of places of worship. The government may be using lawful grounds for an illegal purpose i.e. to remove as many non-Muslim places of worship and have them re-located to less conspicuous places – and in cases even not giving the respect that they deserve. But surely there is nothing that could legitimately be characterized as a “drive” to desecrate non-Muslim places of worship?

    Since when are Hindus or non-Malays and non-Muslims made to undergo forced conversion to another religion?? Those cases involving Hindu converts and Muslim converts undergoing reversed conversions are serious and presents urgent issues of competing jurisdictions i.e. secular or syariah. The Federal Court will need to re-visit the same issue sooner or later. Everyone knows there has never been and there still is no government policy in place to forcibly convert en masse non-Muslims to Muslims. There are only over zealous religious officials with strong vested interests working to advance their career goals – supported by politicians anxious to hold on to power at any cost.

    Or perhaps there is another agenda?

    “(We are) also demanding that the Malaysian constitution be declared null and void, all Hindus be granted British citizenship…”

    How about this?

    “…to serve a notice to the Foreign Office for damages worth over £1 million for each of the country’s two million Hindus.”

    The thought of seeking the help of the constitutional monarch of another country to help declare the constitution of a sovereign state is inconceivable! It is a travesty not of justice but of common sense!

  23. Why is everybody so quiet except for ‘hutchrun” who clearly is on the run? Are you all afraid that men in black would emerge from behind closed doors to whisk you away in the middle of the night – that you might leave digital traces behind for them to follow?

    Relax! It’s not going to happen.

  25. Bodohland is fast becoming the laughingstock of the world. Except to the 31 accused and their families, this is no laughing matter. UMNOOO is playing God with innocent lives. They are acting as judge, jury, and executioner. The kangaroo court is in full session.

    The Hindraf accused don’t stand a chance. India will have to step in to help these Malaysians whose own Bodohland govt has abandoned them.

    A foreign friend recently asked me about immigrating to Bodohland under the “Malaysia My Second Home” program. I told him point blank that Bodohland is a ticking time bomb. It is not of matter of if, but when, it is going to go off.

  26. What is most alarming about these charges is not just how wrong they are but that together with other things like UMNO Youth signing campaign, the charges of terrorist link etc., there is nothing new in their response to what are pivotal events and changes.

    The Hindraf organizer whether you support it or not is a seminal shift in Malaysian demand from the government and their response is that – “don’t disturb us, we know what we are doing” and continue doing what their grandfather thought them what to do.

    The issue really is that Badawi administration promised great change when it came into power and he did not deliver. As Steven Gan of Malaysiakini says, in this modern global internet age, you can’t overpromise and don’t deliver. George Bush knows this better than anyone else.

    Now his response is to shut down the criticism? Does he not learn from his alter-ego George Bush?

    I have no doubt that Badawi will scrap by the next election with huge support from the Malay. But then what? What we have and worst after the election will be a nation more divided than that created by Dr. M.

    This is why KJ & Co is such a wrong thing. They dont get it that this issue to Badawi is what Iraq is to George Bush. What Badawi does is the same prescription that KJ subscribe to and many suspect in fact is KJ & Co. They don’t get it that their duplicidous act is just going to get this country into more trouble. Compared to the Hindraf rally, what we will have under KJ & Co will be much worst. We will never have another May 13, 1969 but many Kampung Medan and what happens in the suburb of Paris today is very real in the future under these policies.

    What then?

  27. This is the consequence when the government lost the plot with their decades of social re-egineering, a big failure with widening gap between rich and poor.

    This is a direct result of decades of bad leadership and governance of the country.

  29. “What then?” BigJoe

    Then we will have a new Constitution.

    We will have a Constitution with no mention of race or religion. We will remove the right of Parliament to pass laws on the freedom of assembly, speech and other freedoms.

    It is important that we introduce this article into the Constitution:

    “Parliament shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble.”

  30. “Does he not learn from his alter-ego George Bush?” Bigjoe

    How could that be??

    George W has an SAT score of 1206, when converted to IQ the score is 129. That is not low!

    Abdullah failed his statistics paper! Which when translated it means he cannot add the verbal and math scores to give the SAT of 1206.

  31. Hope NOT to listed in “TEN OF THE MOST SUPPRESSED COUNTRIES OF THE WORLD” by 2010, or 2011.
    At this trend, is the above Msia heading to?
    Countries that suppressed citizen never prosper. Only the ruling class can prosper by unethical or ‘haram’ means

  32. maybe abt time we distribute the faces of KJ during his monkey antics in the previous riot in front of the US Embassy and see if Pak Lah had been selective in prosecuting? He said even lawyers are not above the law but he has shown us that Monkey are even more evolved than the lawyers. Monkeys are above the law. Abt time we show the masses the real truth.

  33. To me it’s a Hindraf joke gone bad! Had the police granted Hindraf the permit to peaceful march(with conditions), we will all be watching, wishing and hoping our Hindu friends will get their “windfalls” and perhaps we may all join in their celebration.

  37. Yes, Jong, Govt should let Hind. march peacefully, support claim from Brit. Bring the Brit. to ICJ, send our best legal brains to fight the Brit. on condition Hind. pay max 28% income tax plus ‘dont know what tax’ Even can get 20% of USD 4 trillion pun cukup lah!
    Sayang lah , miss this chance to make billions USD, like that not need to woo FDI lah!

  38. YB Lim, allow me to convey this.
    Fairness in Malaysia is just a dream. University entry, scholarship awards, job promotions, giving out of government contracts; none have been based on fairness. We have endured cheatings, plundering, corruptions for 20, 30 years. Now we are all angry. The PM hasn’t answered and he can’t do anything about our dissatisfaction. My questions:
    • What have we done that should have been done?
    • What should we do that have not been done?
    Reading this blog are many qualified and experienced people; at least that’s what I deduce from the comments. But we have to be realistic that we can’t win anything by only posting our anger. I would get angry if my staff comes up with problems to me; I taught them to suggest solutions as well. Can that anger be translated into some concrete actions?
    What are the options available to us?
    • We continue to fire blanks and flaks, added occasionally with rallies and speeches.
    • We continue to suffer for the next 20-30 years (by then there is nothing left to plunder in Malaysia).
    • We could organise ourselves. In this case; under one banner – the credible and clean alternative administration.
    The danger now is apparent. The ruling administration (under 4th floor) is going hard on Hindraf and brings charges and accusations. Slowly they evolved out being defensive into the attack. That explains Mr Ghani there as well as the IGP’s comments. We also notice AAB getting more daring in his statement. He knows he is riding on this Hindraf case and announced a deferment of election. This allows him to win back all the undecided. Traditional voters would swing back to him. (Just a note: If we believe him to be a humble man as he portrayed himself to be, he won’t allow his wife to be the new Chancellor of Open University.)
    Friends you have the right to disagree with my posting. But before that, tell me what have you done to address your dissatisfaction? Let share opinion.

  40. Solution? many know, but difficult to do.
    Who can win the support of rural folks will rule! their one vote is worth 3 or more vote of cities folks
    Who can win the support of majority races will also rule! How to do it then?

  41. Failure by the government to identify the reasons behind HINDRAF’s reactions is fast becoming a fad which has long been bugging the government. Instead of going hard on HINDRAF, the leaders of BN especially MIC President should make efforts to pave an amicable solution. Accusations such as HINDRAF is a terrorist outfit and all the other nonsense shows how the government is not serious in its effort to tackle the people’s problems. Putting them under ISA wont solve any problems. Pak Lah as the Prime Minister should take the necessary steps to reduce the current tension and please don’t be fooled by the yell of the cynics in your own cabinet. I believe there is peace everywhere. Its whether we chose to let it manifest itself or not, our mind set decides it. Unless Pak Lah feel that other races do not have the rights to question the government, or all have to go through the right channels within BN, so that the people won’t know what is happening within the channels. If the leaders are sincere, why worry about few citizens lauding their principles. Stand and face them, and tell them that you have done enough for the Indians.

  42. My argument really is that the way UMNO right-wingers, who don’t have a real solution, are dominating the debate now, they are literally eliminating the options for moderates within UMNO. There is this presumption among moderates that when the right-wingers have gone too far, the moderates will come in an offer a compromise. This is what happened on May 13, 1969.

    This is a big presumption this time around and as days go by with the way things are going, the options are going to be fewer and fewer. With charges like AG which is just abuse of the law and judiciary, how is anyone going to make a deal? The suspicion level is way too high and increasing with each of these so called ‘applying the law’.

    Yes, Badawi is rallying the Malay vote with his moves but sooner or later, they will realize his promise is empty and then what?

    Badawi is quickly going down the road to nowhere just like Bush did with Iraq.

  43. Aiyah! sayanglah! just miss a chance to show the world someone is better than the German, Germany bankrupted the Brit by starting a stupid War in 1940–45. Maybe can bankrupt the Brit by support this 4 trillion USD claim!
    Not only money, but also prestige n fame in the world lah, if can win this suit, then be the mahaguru on “How to bankrupt a country”

  45. For a start the Election Commission(EC) headed by UMNO dog Abdul Rashid is not independent and until and unless reforms/revamp to the Electorial roll and EC are in place, there is not going to be a fair and transparent General Election.

    What can be worse when Abdul Rashid late last week bravely came out in full open support(not that we aren’t aware) of the BN/UMNO regime, he uttered:

    “No other regime capable of running the country. People get angry with me whenever I say this (but) people don’t seem to understand the critical scenario in the country. What is it that can (take) over from the present one given the political scenario we are in?”

    DAP, PKR and PAS can campaign to their hearts content in the Malay heartlands to try to win the votes of the rural folks but without restructuring of EC and abolishment of abuses/malpractice within, this corrupt BN/UMNO government is again going to win hands down. Removing the present Chairman of EC Adbul Rashid is crucial and must be done before GE is called.

    Worrisome indeed.

  46. Badawi is currently the most incompetent Prime Minister in this country, which is how the UMNO guys would like him to be. Kalau tidak macamana mahu rompak negara. Who will remove him? The people, UMNO, international pressure, the Agong? The best shot is a combination of Agong, people and international pressure. Who will lead this? Is there anyone out there?

  48. Undergrad2 said: “Parliament shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble.”

    May be this is a little extreme. If we allow unfettered freedom on religions, it could also lead to trouble in the sense that some religions in the name of freedom would start to encroach reasonably on other religions, not to mention the cults and other deviationist movements. The constitution of a nation must allow some contemporary wisdom and reasonableness to prevail. Otherwise, we may solve one problem and create another one. I think the most important provision that ought to be incorporated in any constitution is GENUINE checks and balance. The power of the government must be circumscribed in the sense the government of the day must listen to the voice of opposition and the people. If the government is stubborn, the electoral process and freedom of information and of the media would be sufficient to bring about change in government. That to me is the most important provision any government must subscribe to. We ought not to cast everything in stone because we will never know what is going to happen next.

    I was in Australia recently watching the electoral process there. In many ways, the ruling Liberal Government was a good government that was able to reform economy and create jobs and prosperity for ordinary Australians. But they become too arrogant and gone too far on issues such as environment and work choices. The people don’t like it, and there is an avenue for them to change the government peacefully and gentlemanly. To some extent, I would even venture to say that the Australian system is even more robust and fairer than the US system. It is just a superficial observation, so please don’t hold me to it.

  50. “The power of the government must be circumscribed in the sense the government of the day must listen to the voice of opposition and the people” – Limkamput

    That is a good basis for a start. DAP, PKR and PAS must aim to be both a credible as well as a force of the opposite voice. The Australian system is an example for us. DAP, PKR and PAS might struggle with the impending election, but work out something on the long term basis that when voters point their fingers, they won’t ask “Barisan and who…?”

  51. raven77,

    Abdullah Ahmad Badawi is the worst performing PM in nation’s history. There’s no doubt he is indeed a political liability for BN especially so, UMNO. Rightly UMNO should take the initiative to remove him but ferocious upper-deck power jostling(Najib, Krishamuddin, now SIL who seeks FIL protection), prevents moderates and right thinking politicians, the likes of Zaid Ibrahim, Sharil Samad etc from reaching the top.

  52. oknyua, appreciate we share many common views. It is about time oppositions harbour ambition that someday they too could be in power and put forth their policy and agenda. It is relatively easy to oppose and criticise. It is much more difficult to come up with viable alternatives that are able command the confidence of the majority of the people. It is about time – PAS, DAP and PKR. It is about time you people dilute a little of your unimportant things and concentrate more on the fundamental things. To PAS, let me tell you this. It is difficult for you to continue talking about God if the country is poor and destitute. To PKR, you must genuinely show your sincerity in multi-racial Malaysia. Your present support for non Malays should never be a stepping stone toward Ketuanan Melayu again. To DAP, what can I say other than making sure your agenda is not subtly captured by Chinese chauvinists. And one more thing, please don’t shout too much in Parliament. You people should talk and not shout. If BN MPs shout, let them be, they are not your teachers.

  54. “If we allow unfettered freedom on religions, it could also lead to trouble in the sense that some religions in the name of freedom would start to encroach reasonably on other religions…” limkamput

    Isn’t your argument all too familiar? Does that not put us on the proverbial slippery slope where we find ourselves today?

    The problem with our Constitution is that it is not supreme – Parliament is. I took a leaf out of the U.S. Constitution so freedom enthusiasts among us would take the lead. It is good that you did. Only Tolstoyists would search for a single key that would solve all our problems. I have long ceased to be one.

    The First Amendment of the U.S. Constitution starts with the words, “The Congress shall make no law….” Isn’t it odd that the constitution of the world’s greatest democracy should commence with words “shall make no law” ? Isn’t Congress after all the highest law making body in the land?

    Our Constitution has been amended some 600 times (and counting). It can no longer be regarded as a sacred document by any stretch of the imagination. The U.S. Constitution is a sacred document in the true sense of the word ‘sacred’. It has been amended 26 times since Congress made that First Amendment in 1791. Needless to say our Constitution having been amended 600 plus times since 1957 is anything but sacred.

    Liberal progressives among us would argue that freedom when qualified is no freedom at all. Doing so has made our Parliament supreme rather than our Constitution. Article 10 of our Constitution is heavily qualified by Clauses 2), 3), and 4). How do you think they were able to pass the controversial Sec. 27 of the Police Act? Not to mention other suppressive legislation like the ISA especially Sec. 73 and the EO and Sections 113, 115 of the CPC to mention but a few. How do you think they were able to introduce a double tracked system of justice – one based on the English common law and the other on syariah – when the original Constitution envisaged none?

    You mention religion. The root of many of the nation’s problems today has to do with the official role given to religion (read: Islam). Religion shouldn’t have or be give any role in politics especially in a country like Malaysia – a country which started off essentially as a country of minorities. Recognizing the central position played by religion in the life of the Malays, someone must have thought that political independence would not be possible in 1957 without giving Islam its special status. It was to be a constitutional monarchy with Malay Rulers taking turns to be King ( a unique system comparable to none) and what better way to recognize Malay customs and the Muslim religion. Articles like Art. 3 and Art. 11 bestow special status on Islam and Muslims.

    The spirit of the Constitution being both secular and religious is condemned to a life of uneasy existence.

    Will there be an end to conflicts between the religious and the secular? No. Because almost the entire constitution will have to be re-written. In the meantime we will just have to find ways to solve each crisis as it comes – and that depends substantially on the political ideology of the political party that runs the government of the day. That in turn depends on the aspirations of its people. The sooner we consider ourselves Malaysians rather than Malay, Chinese and Indians the faster we would get to come to terms with ourselves and reality.

  56. In the US (I am not sure, so I am just asking and bringing this up for discussion) can the Congress amend the First Amendment to the Constitution that “The Congress shall make no law….” If so, am I right in saying that the Congress is still supreme? The reason why successive US governments hold their Constitution sacred, to me, is because there are sufficient checks and balance on the government. It is not absolute freedom that guarantees freedom. It is “circumscribed” government that ensures that the people have enduring freedom. If the government can do as they please, then in no time the freedom in whatever ways we guarantee will be eroded as seen in many countries.

    As for Malaysia, because of different races and religions (as you rightly said we are in fact a nation of minority, at least until recently), I may go along with you that perhaps it is good that some of the provisions are put beyond the reach of the government. Our constitution does provide some safeguards. However, because of the lack of checks and balance, governance and transparency (boil down to same issue again), constituencies are drawn and redrawn in such a way that BN could gather more than two-third majority without much difficulty and the constitution was then amended without impunity.

    I am so afraid others may accuse me for being an irritant or for trying to destabilise the blog again, so I shall stop here on this topic. Of course we may debate on other topics in the future.

  58. LImkamput, may I suggest that you ignore the negative comments because there are others that appreciate your your straight talk. Personally I can agree with what you said. Don’t tell me you and I are the only odd ones here!

  59. “It is not absolute freedom that guarantees freedom. It is “circumscribed” government that ensures that the people have enduring freedom.” Limkamput

    I don’t think there is any need to enter into any philosophical argument about “freedom”. Suffice it to say that such questions belong not to the area of constitutional law but rather to political science and the works of philosophers like John Jacques Rousseau best known for his “Social Contract”.

    The United States today is a melting pot of cultures, language and religion. No one is seeking to impose their religion, culture and language on the other. There is a right to bear arms and yet you don’t see people running around amok killing one another. The separation of church and state ensures that religion has no role in the political life of this nation.

    The First Amendment of the U.S. Constitution starts with “Congress shall make no law respecting …(religion and the free exercise thereof, freedom of speech, or of the press, or the right of people to peaceably to assemble).” Article1 vests all legislative powers in Congress and Congress shall propose amendments “whenever two thirds of both Houses shall deem it necessary”. Congress passed the First Amendment about a decade or so later respective religion, freedom of speech and assembly and it reads “shall make no laws…”.

    The issue of whether our Parliament or the Federal Constitution of 1957 is supreme is more relevant and is less clear because of the 2/3 control of the House and with the Senate presently being nothing more than a rubber stamp, an argument can validly be put forward that it is Parliament (read: BN) that is supreme. Does not 600 plus amendments over some fifty years mean anything? Shouldn’t the Constitution be supreme? It is an issue students of Malaysian constitutional law would love to debate – until the cows come home, of course.

    Your reference to the work of the EC or other organs of the government is not so much about the lack of check and balances and the doctrine of separation of powers as it is about the non-adherence to the doctrine of civil service neutrality. After some five decades how many of us are able to draw the line between government and the political party that runs it?

  60. oknyua,

    Don’t “de-stabilize” somebody who is genetically prone to be an irritant to borrow Jong’s term when describing him. You can see he is struggling not to be an irritant – as some would say, not to be“a pain in the rear end”. Credit must go to he who makes an effort at rehabilitating himself.

  63. Jong, i was not refering to you when the word irritant was used although you have used it on me before. I know your intention was good.

    oknyua, thanks for the support.

    Undergrad2, I think it is enough for now. Happy holiday to you too.

  66. We call the Malaysian Police “PDRM – Polis Di Raja Malaysia” and not “PKM” – Polis Kabinet Malaysia. So why is the police siding the cabinet instead of looking after the interests of the Monarch?

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