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Ronnie Liu charged – third political trial after 308 political tsunami

I was at the Petaling Jaya Magistrate’s Court 3 where DAP Selangor State Exco member Ronnie Liu was charged with a new-fangled offence – abetting in the obstruction of a public officer in the carrying out of his duty without the alleged principal offender being charged.

If convicted, Ronnie will be liable to the penalties of the parent charge of Section 186 of the Penal Code on obstruction of a public officer in carrying out his duties, i.e. RM10,000 fine, two years jail or both. This can lead to forfeiture of Ronnie’s position as Selangor State Assemblyman and Exco member and disqualification from standing for any elective office for five years.

Ronnie’s charge is the third political trial after the March 8 political tsunami, after blogger Raja Petra Kamaruddin for criminal defamation and sedition and Datuk Seri Anwar Ibrahim for sodomy.

Clearly, the Barisan Nasional leaders have neither heard the message nor learn the lessons of the March 8 “political tsunami” which, in the relevant case, is that there should be no more political trials in the country. Continue reading “Ronnie Liu charged – third political trial after 308 political tsunami”

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“Bastard in the House” (2) – “Spoilt brats” running BNBBC

The latest tantrum by the Chairman and Deputy Chairman of the Barisan Nasional Backbenchers Club (BNBBC) breathing fire and brimstone against the formation of the Parliamentary Caucus on the Integrity and Independence of the Judiciary is most unseemly but typically characteristic of the BNBBC since it was taken over by leaders who had conducted themselves not very different from “spoilt brats”.

In the previous Parliament, when the BNBBC was helmed by Datuk Shahrir Samad (now Domestic Trade and Consumer Affairs Minister), there was class, quality and a palpable commitment to parliamentary integrity, excellence and professionalism but which got Shahrir into trouble when he stood up in Parliament to support my motion to refer a Barisan Nasional MP to the Committee of Privileges over the “One-Eye Closed” episode.

Even when the BNBBC was subsequently taken over by the then Larut MP, Dato’ Raja Ahmad Zainuddin bin Raja Haji Omar (who is now back as Perak State Assemblyman), utmost efforts were made by the BNBBC to maintain parliamentary standards.

All these commendable benchmarks went down the drain in the present Parliament after the March 8 “political tsunami”, when a new BNBBC leadership took over and nobody has done more than the present BNBBC Chairman and Deputy Chairman to bring shame, dishonour and disrepute to Parliament.

The greatest “achievement” and scandal of this BNBBC leadership is its Taiwain “agricultural study tour” for BN MPs to foil a “916 sky-change” – but no BNBBC official could answer my simple question during the 2009 Budget debate on October 15 what lessons they have learnt from their Taiwan trip to explain why Taiwan, which was poorer and more backward than Malaya when we achieved independence in 1957, had shot forward to become a more advanced and richer country while Malaysia had been losing out to one country after another in the past half-century, whether to Taiwan, Singapore, Hong Kong or South Korea, and is in danger of losing out to even more countries like Thailand, Vietnam and even Indonesia?


Continue reading ““Bastard in the House” (2) – “Spoilt brats” running BNBBC”

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Can Zaki prove doubters wrong about his suitability as CJ?

The announcement by the newly-appointed Chief Justice, Tan Sri Zaki Tun Azmi, who as a lawyer had represented Umno, that he would as far as possible avoid hearing cases involving the political party (or as Star headlined “No Umno cases for now”) is a step in the right direction to disprove doubters wrong about his suitability as the No.1 in the judiciary.

This is however only a small beginning if Zaki is to dispel all the doubts even the most non-partisan in Malaysia entertain about his controversial appointment as Chief Justice.

Public disappointment at the appointment of Zaki as Chief Justice had been most palpable especially as the the Prime Minister, Datuk Seri Abdullah Ahmad Badawi had promised judicial reform to top his final short-list of three reforms before stepping down from office next March – but Zaki’s appointment as Chief Justice was made in disregard of the spirit of judicial reform and there was no consultation whatsoever with the major stakeholders in the country, whether Bar Council, MPs or the civil society.

As I had said before, MPs who had grave reservations about Zaki’s fast-track appointment as Chief Justice had two options after his elevation: firstly to invoke Article 127 of the Constitution to move a substantive motion in Parliament with the support of at least one-quarter of Members of Parliament, i.e. 55 MPs to discuss Zaki’s appointment; or two, to give Zaki the opportunity to acquit himself and prove that he is capable of taking full account of the widespread reservations about his appointment to the process to restore public confidence in the independence, impartiality and integrity of the judiciary after two decades of judicial darkness.

I belong to the latter category and I will like to see Zaki proving all the doubters of his appointment wrong. Continue reading “Can Zaki prove doubters wrong about his suitability as CJ?”

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Two recently-retired corrupt judges – ACA must start investigations from CJ Zaki

The new Chief Justice, Tan Sri Zaki Azmi’s revelation of two recently retired judges who were suspected to be corrupt is shocking not because of the admission of rotten apples in the judiciary but only that it was made publicly in so specific a fashion for the first time.

That there are corrupt judges in the judiciary has long been an open secret, which had been more than amply proved by the “correct, correct, correct” Royal Commission of Inquiry into the V.T.Lingam videotape. Continue reading “Two recently-retired corrupt judges – ACA must start investigations from CJ Zaki”

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Abdullah would fail in judicial reforms if original Article 121(1) not restored

The parliamentary reply of the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, yesterday on judicial reforms and the RM10.5 million ex gratia payment to six judges who were victims of the 1988 “Mother of all judicial crisis for two decades” has raised more questions.

Firstly, Nazri most irresponsibly tried to rewrite history about the 1988 “Mother of all judicial crisis for two decades” when he denied that the judges, particularly the then Lord President Tun Salleh Abas and two supreme court judges the late Tan Sri Wan Suleiman Pawanteh and Datuk George Seah were “sacked” , saying that they were asked to “retire early”.

Nazri was flying in the face of facts of history in making such a claim, for there can be no dispute that Salleh Abas, Wan Suleiman and George Seah were sacked after the outcome of the two “kangaroo” judicial tribunals set up by the then Prime Minister, Datuk Seri Dr. Mahathir Mohamad time, while the other three judges, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohd Salleh and the late Tan Sri Eusoffe Abdolcadeer were victimised when they were suspended and virtually “sent to conventry” for the rest of their judicial service after their suspension was lifted. Continue reading “Abdullah would fail in judicial reforms if original Article 121(1) not restored”

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Of Pretentious Promises, Parachuting Promotions & Pressured Praise

by Martin Jalleh

The Palace of Justice has a new “prince” – Zaki Tun Azmi. He was promptly sworn in as Chief Justice (CJ) soon after the Conference of Rulers went through the procedural motions and provided consent to his extraordinary elevation.

His Lordship had leap-frogged from the legal profession into the Federal Court last September. Two months later he was proclaimed Court of Appeal (CoA) president. Now (almost a year later) he is proudly perched on the highest post in the judiciary.

Zaki’s political “parachuting” has no precedent. But be not perturbed. Did not the PM promise (especially after his party had quickened his passage into the sunset) that he would produce profound changes in the judiciary?

Indeed, before he packs his bags and participates fully in Umno’s early retirement plan for him, Pak Lak would prove to the whole of Bolehland that he still has the penchant to produce the very opposite of what he initially promises. Continue reading “Of Pretentious Promises, Parachuting Promotions & Pressured Praise”

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Even more imperative Najib submit himself to RCI to clear him of all allegations from murder to corruption

Shah Alam High Court judge Datuk Mohd Zaki Md Yasin yesterday acquitted political analyst Abdul Razak Baginda of the charge of abetment in the murder of Mongolian Altantuya Shaariibuu on October 19, 2006 on the ground that no evidence was adduced by the prosecution to contradict or challenge the exculpatory parts of Razak’s affidavit in his earlier unsuccessful bail application.

The judge said: “In the absence of the rebuttal evidence against the statements, coupled with the fact that there is no legal onus for Razak to rebut any statutory presumptions, there is clearly no reason for the statements to be ignored and rejected”.

Most Malaysians are baffled by the very technical reason for the acquittal.

While it would not be right for anyone to prejudge the guilt or innocence of any person in the murder of Altantuya, the fact of the abominable and heinous murder of the Mongolian translator, shot twice in the head in a jungle clearing in Shah Alam and blown up with C4 explosives available only to the military, setting off political, diplomatic and international reverberations that have not subsided , is a fact that cannot be extinguished. Continue reading “Even more imperative Najib submit himself to RCI to clear him of all allegations from murder to corruption”

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Will CJ Zaki vindicate all doubters or prove them wrong by bold leadership of judicial reforms?

Tan Sri Zaki Tun Azmi’s appointment as Chief Justice of the Federal Court is the most controversial appointment of the head of the judiciary in the nation’s 51-year history.

Never before in Malaysian judiciary had the possible appointment of the new head of the judiciary been marked by more widespread reservations and public objections than Zaki’s elevation as Chief Justice, because of legitimate concerns about its adverse impact on fumbling efforts so far to restore national and international confidence in the independence, impartiality and integrity of the judiciary. Continue reading “Will CJ Zaki vindicate all doubters or prove them wrong by bold leadership of judicial reforms?”

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Zaki’s CJ appointment – last nail in coffin of Abdullah’s judicial reform?

When Datuk Seri Abdullah Ahmad Badawi finally bowed down to irresistible pressures in UMNO to scuttle his mid-2010 power transition plan and announced on October 8 that would not defend the post of Umno President, he said he would complete three reforms, including judicial reform, before he steps down as Prime Minister next March.

Is the appointment of Tan Sri Zaki Azmi as the Chief Justice to take over from Tun Abdul Hamid Mohamed, who retires compulsorily tomorrow, the last nail in the coffin of Abdullah’s pledge of judicial reform?

Datuk Zaid Ibrahim, who was appointed Minister in the Prime Minister’s Department after the March 8 general election by Abdullah to shepherd the reforms into reality, had implied that the appointment of a new Chief Justice to replace Hamid would be made under the new reform format and regime of a Judicial Appointment Commission. Continue reading “Zaki’s CJ appointment – last nail in coffin of Abdullah’s judicial reform?”

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Abdullah forewarned – avoid valedictory judicial scandal with new Chief Justice Zaki Azmi

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi reiterated yesterday that he would concentrate on five initiatives he wanted to see through in his final five months in office, viz: to table three bills in Parliament to strengthen:

(i) the judiciary; and

(ii) the anti-corruption enforcement;

(iii) increase the effectiveness and integrity of enforcement agencies;

(iv) to enlarge the social safety net to ensure aid to all who needed it; and

(v) to hold a Barisan Nasional convention to improve inter-racial and inter-religious relations.

Abdullah must be realistic enough to know that the overwhelming majority of Malaysians are skeptical that he could accomplish any meaningful institutional reform in his last five months in office when he was helpless and impotent in the past five years.

The outgoing Prime Minister does not have the luxury of time – as he could be put to the test whether he has found the resolve to implement reforms he promised two days ago in a matter of a week, particularly on judicial reform. Continue reading “Abdullah forewarned – avoid valedictory judicial scandal with new Chief Justice Zaki Azmi”

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Zaid’s resignation “last nail in the coffin” of Abdullah’s repeat of reform pledges after March 8 “political tsunami”

Senator Datuk Zaid Ibrahim’s announcement this morning that his decision to resign as Minister in the Prime Minister’s DepAartment is final despite being advised by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to reconsider the move is the “last nail in the coffin” of Abdullah’s repeat of reform pledges after the March 8 “political tsunami”.

It is clear that the detentions of DAP MP for Seputeh and Selangor Senior Exco Teresa Kok and Raja Petra Kamaruddin under the nefarious and iniquitous Internal Security Act (ISA) were the last straw causing Zaid to submit his resignation after a six-month stint in the Cabinet, making him the only Minister in the nation’s history to resign on a matter of principle.

When Zaid was surprisingly appointed by Abdullah to be a Minister after the Barisan Nasional debacle in the March general election, it was clear that Zaid had a special agenda – to retrieve Abdullah’s credibility and legitimacy as a Reform Prime Minister by carrying out reforms in the important sectors of the judiciary, the police and anti-corruption.

Zaid’s resignation is an admission that Abdullah’s repeat pledge of the reform programme after the March political tsunami has come to the end of the road, that: Continue reading “Zaid’s resignation “last nail in the coffin” of Abdullah’s repeat of reform pledges after March 8 “political tsunami””

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Anwar Sodomy II – internationalising Malaysia’s Misrule of Law?

I had wanted to ask the Foreign Minister, Datuk Dr. Rais Yatim the following supplementary question in Parliament this morning:

“Are you aware that by taking Anwar’s Sodomy II selective prosecution to the United Nations by way of a letter of protest to the UN Secretary-General Ban Ki-moon at American interference in Malaysian domestic affairs as well as organising a series of ‘information sessions’ overseas, you are only internationalising Malaysia’s ‘misrule of law’ which you had so eloquently and devastatingly criticised in your book ‘Freedom under Executive Power’, exposing the nation to greater mockery in the global arena as we will only be able to depend on rogue states like Myanmar, Zimbabwe and Sudan for sympathy and support for the following reasons:

(i) deterioration of the rule of law in the past decade since the publication of the book, as evident from disturbing developments in the system of justice in the country, such as

(a) the selective prosecution of Anwar on Sodomy II under Section 377B of the Penal Code on consensual sodomy when the complainant Mohd Saiful Bukhari Azlan had alleged that he had been raped, which should have come under Section 377C on sodomy rape;

(b) why Saiful was not similarly charged under Section 377B on consensual sodomy;
and

© the insistence by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi that Anwar should also swear on the Quran like Saiful, making Malaysia an international laughing stock as to whether we have a Prime Minister who understands and upholds the system of justice in the country; Continue reading “Anwar Sodomy II – internationalising Malaysia’s Misrule of Law?”

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Permatang Pauh by-election – censure BN’s 6 months of zero legislative reform

I have received the initial notification of the parliamentary business for the 41-day budget meeting beginning on Monday, August 18, which will break for six weeks after the 2009 budget presentation by the Prime Minister-cum-Finance Minister, Datuk Seri Abdullah Ahmad Badawi on Friday, August 29 for the fasting month and Hari Raya holidays, resuming on Oct. 12 for 32 sittings till December 11, 2008.

It is a great disappointment, for it is evident that there will be no reformist bill for Parliament in August, whether for the establishment of

(i) the Independent Police Complaints and Misconduct Commission (IPCMC), the most important of the 125 recommendations of the Royal Police Commission more than three years ago in May 2005 to create an efficient, incorruptible, professional world-class police service to keep crime low, fight corruption and uphold human rights;

(ii) the Judicial Appointments Commission as the first step to restore national and international confidence in the independence, impartiality, integrity and quality of the judiciary after two decades of “judicial darkness” and being the laughing-stock of the world; and

(iii) the Malaysian Commission on Anti-Corruption (MCAC) to eradicate the rampant corruption in the country which has seen Malaysia’s ranking in the annual Transparency International Corruption Perception Index sliding relentlessly from No. 23 in 1995 to No. 37 in 2003 and No. 43 in 2007 and to spearhead a “zero tolerance for corruption” campaign to place Malaysia among the world’s 20 least corrupt nations. Continue reading “Permatang Pauh by-election – censure BN’s 6 months of zero legislative reform”

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Anwar’s Sodomy II – Is Malaysia banking on support of Myanmar/Zimbabwe/Sudan in UN?

The Foreign Minister, Datuk Seri Dr. Rais Yatim is taking his idea of internationalizing the Anwar Ibrahim’s Sodomy II charge by organizing a series of information sessions by the Foreign Ministry overseas “to give a true picture so there will be no misconceptions that can hurt Malaysia’s image” one step further.

Yesterday, he announced raising the issue to the United Nations level through a letter to the UN secretary-general Ban Ki-moon to explain Malaysia’s view on what it sees as American interference in the Anwar Sodomy II charge.

Is Rais banking on the support of rogue states like Myanmar, Zimbabwe and Sudan by taking the Anwar Sodomy II issue to the United Nations?

Instead of accusing the United States of violating international law and “meddling in Malaysia’s international affairs”, Rais should lead the charge in the Cabinet on Wednesday to demand the dropping of the Sodomy II charge against Anwar especially as a recent opinion survey has shown that only 11% of the respondents believe in the Sodomy II allegation made against Anwar. Continue reading “Anwar’s Sodomy II – Is Malaysia banking on support of Myanmar/Zimbabwe/Sudan in UN?”

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Rais should lead the charge in Cabinet to demand dropping of Anwar’s Sodomy II charge

The 2008 Olympics opens in Beijing today but for Malaysia, we are obsessed with scaling a new Olympian height of national trauma and international infamy – the strangulation of what is left of the rule of law in Malaysia after two decades of judicial darkness in the continued political persecution of Anwar Ibrahim in the Sodomy II prosecution.

Thanks to this special Malaysian official obsession with sodomy, Malaysia was big news in seven continents when Anwar Ibrahim was charged under Section 377B of the Penal Code for sodomising his 23-year-old male aide, Mohd Saiful Bukhari Azlan.

Furthermore, Anwar’s Sodomy II trial and tribulation will be kept alive in the international stage because of the disgraceful, dishonourable and ignoble circumstances and motivation of the prosecution to the extent that the Foreign Minister, Datuk Seri Dr. Rais Yatim has made a most unusual and extraordinary decision to organize a series of information sessions by the Foreign Ministry overseas on Anwar’s Sodomy II “to give a true picture so there will be no misconceptions that can hurt Malaysia’s image”.

What is this “true picture” that Rais is going to tell the world in a series of information sessions overseas? Continue reading “Rais should lead the charge in Cabinet to demand dropping of Anwar’s Sodomy II charge”

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Anwar’s Sodomy II – has it become Abdullah’s personal crusade?

I am flabbergasted.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi seems very determined to provide examples to illustrate the continuing crisis of confidence in his administration.

Yesterday, in an interview with Associated Press, Abdullah went public on the Sodomy II allegations against Anwar Ibrahim in a manner which could only mean that he was in the thick of the decision-making process as to whether Anwar Ibrahim, the Parti Keadilan Rakyat adviser would be hauled to court for a second sodomy charge in a decade, when the Prime Minister has no business to be involved in the exercise of the discretionary power by the Attorney-General on matters of prosecution or otherwise.

How else could one interpret the following remarks by Abdullah yesterday:

“This man pleads for justice. We care about (Anwar) more than we care about this man? That is very odd. He needs justice; that is what he is crying for. We cannot ignore that.”

I am verily surprised that Abdullah had today repeated this obsession of “justice for Saiful” when he returned to the same subject today. Continue reading “Anwar’s Sodomy II – has it become Abdullah’s personal crusade?”

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Next CJ – not affected by “Judicial reforms”

De facto Law Minister, Datuk Zaid Ibrahim has just confirmed that the appointment of the next Chief Justice will not be affected by any judicial reform currently in the pipeline.

I posed this question during the winding-up of the debate on the Judges’ Remuneration (Amendment) Bill 2008.

The Chief Justice, Tun Abdul Hamid will retire on 18th October 2008.

I pointed out that as it does not appear that the much-hyped judicial reform, including the establishment of a Judicial Appoinments Commission, will be presented to Parliament before October although Zaid had earlier promised that the legislative proposals would be presented in the current meeting of Parliament, the appointment of the next Chief Justice will be by the present process.

When Zaid agreed, I remarked that the country seems set to have the first UMNO Chief Justice in the nation’s history.

I had earlier expressed my concern that the government is back-tracking on its promise of judicial reforms.

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“Boot camp for judges” – Mahathir should speak up

Tun Dr. Mahathir Mohamad has declared that he is prepared to be investigated over allegations he had interfered with the judiciary when he was prime minister.

He said he was not afraid of being investigated and would give his full assistance to the police.

Malaysians hope that Mahathir is sincere and truthful in pledging full co-operation in any such investigation and that he would not do another repeat of the Lingam Videotape Royal Commission of Inquiry where he pleaded a massive attack of loss of his famous elephant memory! Continue reading ““Boot camp for judges” – Mahathir should speak up”

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RCI on boot camp for delinquent judges – critical test of Abdullah’s political will for judicial reforms

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the de facto Law Minister, Datuk Zaid Ibrahim have both poured cold waters on calls for an inquiry into the latest allegation levelled by High Court judge, Justice Datuk Ian Chin against former Prime Minister Tun Dr. Mahathir Mohamad.

“No need…there will be no end to this. Instead, we will carry out reforms to restore confidence in the judiciary” said Abdullah.

“Another inquiry will not reveal anything more than what we already know. It will be a waste of time and money. Instead, we need to look at ensuring such incidents do not happen again…” said Zaid.

Both cannot be more wrong.

A Royal Commission of Inquiry into the two decades of judicial darkness, including the boot camp for delinquent judges, is vital and imperative as critical test of the political will of the Abdullah administration to fully restore public confidence in the system of justice in Malaysia. Continue reading “RCI on boot camp for delinquent judges – critical test of Abdullah’s political will for judicial reforms”