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Perak Pakatan demands explanation over highway contract

By Clara Chooi
The Malaysian Insider
Feb 21, 2012

KUALA LUMPUR, Feb 21 — Perak Pakatan Rakyat (PR) leaders cried foul today over the award of a lucrative RM2.2 billion highway contract to companies linked to former Chief Justice Tun Zaki Azmi and Umno lawyer Datuk Hafarizam Harun, two key figures in the Perak constitutional crisis of 2009.

They demanded both men and the Najib administration explain the award and yesterday’s allegation by controversial blogger Raja Petra Kamaruddin that the deal was Barisan Nasional’s (BN) gift for their help in toppling PR in the northern state.

“(Prime Minister Datuk Seri) Najib Razak and the Works Ministry must come out to refute this allegation with proof that they carried out an open tender process and the award was based on the firms’ proper qualifications, track record and expertise in the field.

“As an MP and the former mentri besar of Perak, I demand an explanation from the authorities… failing which, this allegation would hold true,” PAS’s Datuk Seri Mohammad Nizar Jamaluddin told The Malaysian Insider. Continue reading “Perak Pakatan demands explanation over highway contract”

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The emasculation of our judiciary

— Art Harun
The Malaysian Insider
Feb 21, 2012

FEB 21 — In any Westminster-styled democracy, a country’s administration consists of three main machinations, namely, the Legislative, the Executive and the Judiciary. The Legislative makes laws. The Executive runs the country. Lastly, but by no means the least, the Judiciary adjudicates disputes and determines them.

The Judiciary does not only adjudicate disputes amongst private citizens but also, more importantly, disputes between the citizens and the Executive (the government). In a branch of law called “administrative law”, the Judiciary inherently has the power to issue four kinds of orders against the Executive. These are traditional judicial powers which are paramount towards ensuring that rules of law are complied with not only by the people but also by the Executive.

Firstly, the Court may issue a certiorari order to quash any decision of the Executive. Secondly, an order of prohibition may be issued to restrain the Executive from doing any act. These two orders are usually issued if the act complained of is illegal, improper or made without power (ultra vires). Thirdly, the Court may issue an order of mandamus to compel the Executive to do certain act.

Fourthly, and perhaps most importantly, a writ of habeas corpus, may be issued by the Court to compel the government to produce and free anybody who is improperly detained.

These are the traditional powers of the Judiciary. They exist for hundreds of years and have throughout the years been refined in order to keep up with the demands of modern governance. Continue reading “The emasculation of our judiciary”

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Dr M ‘assaulted’ judicial independence, says Bar Council

By Clara Chooi
The Malaysian Insider
Feb 19, 2012

KUALA LUMPUR, Feb 19 — The Bar Council has accused Tun Dr Mahathir Mohamad of stripping the judiciary of its independence, saying the former prime minister “assaulted” the institution with “Machiavellian ruthlessness” during his tenure.

Council president Lim Chee Wee said the 1988 amendment to Article 121 of the Federal Constitution had effectively tampered with the judiciary’s independence, forcing the courts to be subservient to the executive arm of government.

“The Malaysian Bar has consistently held the view that Dr Mahathir Mohamed had with Machiavellian ruthlessness assaulted the once great Malaysian judicial institution.

“First with this amendment, then the sacking and suspension of the Lord President and Supreme Court Judges and later the appointment of three different Chief Justices, whose reputation the Bar holds in low regard,” he told The Malaysian Insider in an emailed statement. Continue reading “Dr M ‘assaulted’ judicial independence, says Bar Council”

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Pakatan vows to fix judiciary if voted into power

By Shazwan Mustafa Kamal
The Malaysian Insider
Feb 13, 2012

PR lawmakers said it was essential to return to the courts the independence that was removed from it during the 1988 judicial crisis.

PETALING JAYA, Feb 13 — Pakatan Rakyat leaders today pledged to remove legislative amendments to restore the independence of the judiciary if the opposition pact wins the next general election.

Their remarks came as a response to former chief justice Tun Mohd Dzaiddin Abdullah’s claims that the judiciary has become subservient after former premier Tun Dr Mahathir Mohamed clipped its wings in the 1980s when he amended Article 121 of the Constitution.

“Pakatan Rakyat’s stand is that we want a free, independent judiciary,” Opposition Leader Datuk Seri Anwar Ibrahim told reporters here.

“It is essential for the restoration (of the judiciary) to pre-1988 (conditions)… restoration of judicial powers means a removal of amendments to Article 121,” added DAP parliamentary leader Lim Kit Siang. Continue reading “Pakatan vows to fix judiciary if voted into power”

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Judiciary far from truly independent

— Ronald Benjamin
The Malaysian Insider
Jan 27, 2012

JAN 27 — Since Anwar Ibrahim’s acquittal, political commentators and prominent intellectuals have made statements that the judiciary has shown independence. Prime Minister Najib Razak has said that the High Court decision is testimony that he has not interfered with the judiciary. Is the PM implying there was indeed interference before?

Is our judicial system built on such shaky grounds that it has to depend on the goodwill of a prime minister in office for its independence? While it is true recent cases such as the judgment on the Universities and University Colleges Act and the conviction of a prominent state politician have suggested the independence of the courts, these rare decisions do not make the judiciary independent.

One of the greatest truths in any meaningful reforms is the ability to dig deep beyond the surface to discover the root cause of the judicial rot and accepting the widespread perception that interference of judiciary may have occurred. The culprits must be nailed and remedial solutions must be found. Atonement must be shown for past mistakes, and we can then look forward to a lasting solution that would allow us to leap forward into a new era.

This requires honesty and truth seeking. Has our judiciary undertaken such soul searching in its quest to become truly independent? Some commentators have argued that over the years the judiciary has shown independence by taking action against both government leaders and opposition politicians and this by itself shows independence. But this argument is simplistic because the judicial process is not merely based on the judgment in a given case. The details of the process of justice itself, whether it meets the standards of natural justice and its ability to adhere to the supreme objective law of the constitution, are other major considerations. This is where the Malaysian judiciary system appears to have failed compared with other countries with a more well developed and independent judiciary. Continue reading “Judiciary far from truly independent”

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Upshot of attacks on Anwar, ABU

Mariam Mokhtar | Jan 23, 2012
Malaysiakini

This is not an auspicious start to the Year of the Dragon for the PM. The person who controls events in Malaysia and who will undoubtedly shape its future, is one effete man called Saiful Bukhari Azlan.

Prime Minister Najib Abdul Razak is wrong to think he leads the country.

Malaysians thought that after 9 January, the nation would move on, but their dream was shortlived. Only in Malaysia would the government and its institutions, like the judiciary, be preoccupied with Saiful’s posterior, just as his face will always be associated with Sodomy II.

So now, instead of the nation concentrating on a way forward, of improving our lives, of revitalising the economy and of making sure our politicians do the work we elected them for, we are trapped in Sodomy II, Scene 2. Continue reading “Upshot of attacks on Anwar, ABU”

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Top five topics of all Malaysians during the Dragon Chinese New Year holidays

What will be the top five topics of all Malaysians during the Dragon Chinese New Year holidays?

I will pick the following five:

(1) The Attorney-General’s appeal against Datuk Seri Anwar Ibrahim’s acquittal in the Sodomy2 charge by the Kuala Lumpur High Court, expressing the determination of the top UMNO leaders to want to see Anwar in jail.

(2) The Court of Appeal decision to overturn the Kuala Lumpur High Court decision to acquit and discharge DAP National Chairman Karpal Singh on the sedition charge relating to Prime Minister Datuk Seri Najib Razak’s illegal, unconstitutional and undemocratic coup d’etat against the Pakatan Rakyat Perak state government.

Both these incidents have killed off public hopes that Malaysia is firmly set on the road to restoration of national and international confidence in our justice system, with a just rule of law and truly independent judiciary.

The only inescapable conclusion is that Malaysia can only begin to seriously undo the ravages against the doctrine of separation of powers especially between the Executive and the Judiciary in the past 24 years years stemming from the arbitrary sacking of the then Lord President Tun Salleh Abas and two Supreme Court judges Tan Sri Wan Suleiman Pawanteh and Datuk George Seah in 1988. Continue reading “Top five topics of all Malaysians during the Dragon Chinese New Year holidays”

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They are going to convict Anwar – that is certain!

by P. Ramakrishnan
22 January 2012

What wasn’t expected surprisingly happened. The High Court acquitted and discharged Anwar. That decision took everyone by surprise and they hoped that it would be the end of this sordid affair.

What the vast majority of Malaysians had hoped for following Anwar’s discharge did not happen. The Prosecution shocked everyone and appealed the High Court decision.

What will happen following this appeal is predictable. We have said as much in our previous statement on 23 December 2009. This is what we said:

“Aliran has been keeping track of recent Court decisions and with this knowledge we must warn the jubilant litigants not to get carried away easily. This is Round 1 and Round 1 usually goes in favour of truth and justice. It is here where the facts are scrutinised diligently and justice has its sway. It is as far as justice can go!

“In Round 2, this decision will almost certainly be overturned, as has been the case on many occasions. It is here where facts don’t matter but technicalities will be the overriding factor and justice will be forced to take a back seat.

“This glaring outcome is inevitable in our system of justice. We have witnessed this without fail in Anwar’s cases, in the Perak Pakatan government’s tussle for democracy, in the Kampung Buah Pala residents’ plea for justice and in the MACC case involving Tan Boon Wah’s human rights.” Continue reading “They are going to convict Anwar – that is certain!”

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Why did they free Anwar?

— P. Ramakrishnan
The Malaysian Insider
Jan 18, 2012

JAN 18 — Datuk Seri Anwar Ibrahim’s acquittal and discharge could not have earned the judiciary any brownie points. Neither did the trial judge, Justice Datuk Zabidin Mohd Diah, come across as someone capable of blazing a new trail in proactive justice.

In fact, the court proceedings only disappointed Malaysians the way the judge denied the defence the many crucial notes they were entitled to, dismissed their right to question the prime minister and his wife by granting their application not to appear as witnesses, and refused to recuse himself as the presiding judge by dismissing Anwar’s application that he was biased in the proceedings.

He even strengthened this belief by concluding at the end of the prosecution case that Saiful was a “truthful and credible witness” without even hearing the defence side of the case. The bias was so blatant and so obvious. Continue reading “Why did they free Anwar?”

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Malaysia’s Najib Readies for Vote

by James Hookway
Wall Street Journal

Malaysian leader Najib Razak pointed to the acquittal this week of opposition leader Anwar Ibrahim as evidence he’s serious about political reforms, even inviting an election battle that could propel him out of power.

Eager to paint himself as a leader of the Malaysia’s most sweeping political reforms since independence, Mr. Najib appears to be betting that the judiciary’s release of Mr. Anwar would help rather than hurt him politically.

Three days after Malaysia’s High Court acquitted Mr. Anwar on sodomy charges this week, Mr. Najib said in an interview Thursday that both the government and opposition camps will step up their race to claim the center-ground of Malaysian politics in the coming months—but that this will only strengthen the predominantly Muslim country and provide a fresh example that democracy and Islam can coexist. Continue reading “Malaysia’s Najib Readies for Vote”

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Acquittal a teaser to another conviction

Mohd Ariff Sabri Aziz| January 13, 2012
Free Malaysia Today

Former prime minister Dr Mahathir Mohamad will want Anwar Ibrahim stopped at all cost.COMMENT

Anwar Ibrahim is not out of the woods yet. Despite being acquitted, Anwar is circumspect about the judiciary.

His acquittal does not prove the judiciary is independent, he said.

In an interview with Al Jazeera, Anwar said this present case should not be considered as a landmark case representing the independence of the judiciary.

Now, that is somewhat ominous. Why would Anwar say that?

Anwar knows this: he is let off the hook this time – that’s what the government may want the public to think. So that they can say, this is proof that the judiciary is independent. Continue reading “Acquittal a teaser to another conviction”

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Anwar’s acquittal has bought for Najib his last but very short-lived chance to prove that he can walk the talk of a reformer and proponent of “1Malaysia. People First. Performance Now” slogan

Datuk Seri Anwar Ibrahim’s surprise acquittal of Sodomy 2 charge on Monday has bought for the Prime Minister, Datuk Seri Najib Razak his last but very short-lived chance to prove that he can walk the talk of a reformer and proponent of “1Malaysia. People First. Performance Now” slogan.

Nobody really believes the self-serving claims by Najib, Deputy Prime Minister Tan Sri Muhyiddin and the Minister for Information, Communications and Culture Datuk Seri Dr. Rais Yatim that Anwar’s acquittal was proof of the independence of the judiciary in Malaysia and would increase the confidence of Malaysians and international community in Najib’s transformation promises.

The 33 months of Najib’s premiership since April 2009 were lost months for reform and transformation as there were only empty rhetorics not backed up with any political will to bring about fundamental changes in all aspects of national life. Continue reading “Anwar’s acquittal has bought for Najib his last but very short-lived chance to prove that he can walk the talk of a reformer and proponent of “1Malaysia. People First. Performance Now” slogan”

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Anwar free: And now for Malaysia

Dean Johns | Jan 11, 2012
Malaysiakini

Failing an appeal that may yet be made by the prosecution, Anwar Ibrahim is finally free of his latest spurious sodomy charge and the possibility of up to 20 years in jail.

And now, it’s time for the Malaysian people to win their freedom from 50-plus years – or the equivalent of more than two life sentences – of imprisonment and empoisonment by the rotten Umno/BN regime.

Though it could be argued that a great many Malaysians have nobody but themselves to blame for this punishing experience, having effectively held themselves captive by voting for their oppressors so repeatedly and for so long. Continue reading “Anwar free: And now for Malaysia”

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Judiciary still in winter of emasculation

— by Bob Teoh
The Malaysian Insider
Jan 12, 2012

JAN 12 — Let’s not be beguiled by Prime Minister Najib Razak’s claim of the judiciary’s independence following the High Court’s full acquittal and discharge of Anwar Ibrahim from the charge of sodomy. As succinctly put by an international civil liberties watchdog, the Opposition leader should not have been charged in the first place.

Anwar’s three trials over 20 years were simply an abuse of due process; nothing more than Umno’s dirty and sordid politics to rid itself of its arch nemesis involving all three prime ministers in a row.

Don’t be misled, a swallow doth not a summer maketh. We are still deep in the winter of an emasculated judiciary frozen since the Mahathir ice age. We need more evidence of courage and boldness from our judges before we can hope to thaw into a new spring.

But credit must be given to where it’s due. Recent judgments indicate some judges are willing to go into early retirement or be put into the cold storage by going the extra mile in their adjudication. The High Court’s judgment against the government in the Allah case is a case in point. There are a few others that are noteworthy. Continue reading “Judiciary still in winter of emasculation”

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Start law reforms by probing A-G, ex-cop urges PM

By Clara Chooi
The Malaysian Insider
Jan 12, 2012

KUALA LUMPUR, Jan 12 — Datuk Mat Zain Ibrahim today insisted Datuk Seri Najib Razak prove his impartiality by calling for a royal inquiry on Tan Sri Abdul Gani Patail over the Attorney-General’s alleged mishandling of several high profile cases.

According to Mat Zain, the prime minister should make formal representation to the Yang di-Pertuan Agong on the setting up of a tribunal to examine Abdul Gani’s actions.

“It would be the first step forward for PM Najib to restore the country’s criminal justice system which has been tainted for a long time. The people would accept no less than this,” the former Kuala Lumpur CID chief said today in a letter to Inspector-General of Police Tan Sri Ismail Omar.

Mat Zain said that Datuk Seri Anwar Ibrahim’s acquittal on Monday did not prove the Najib administration had not interfered in the case or the judiciary’s independence. Continue reading “Start law reforms by probing A-G, ex-cop urges PM”

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An independent judiciary… really?

by Dr Kamal Amzan
The Malaysian Insider
Jan 11, 2012

JAN 11 — We are a funny lot.

Just because of one acquittal, we claim to have an “independent” judiciary. Forget about Eric Chia, forget about the first sodomy trial, forget about what happened to Teoh Beng Hock and let us all just focus on this one and only trial.

From the mainstream media to the online news portals, the response from the government and the opposition leaders to the verdict was akin to striking the lottery.

Today’s headlines in the Star and NST, “Government says it shows freedom of judiciary”, “Slow reassertion of Malaysia’s public institutions”, “Court ruling clears government of baseless accusations.”.

Really? I may be wrong but to claim the judiciary’s independence from one trial verdict seems a bit premature, no? Continue reading “An independent judiciary… really?”

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Hold The Accolades!

by M. Bakri Musa

Now that Judge Mohamad Zabidin Diah has acquitted Anwar Ibrahim on his “Sodomy II” charge, there is no end of praise heaped upon the judge specifically and the system of justice generally. Prime Minister Najib was quick with his smug assertion that “neither politics nor politicians have any influence over the dispensation of justice.” Foreign governments too have been effusive with their praises. Some now brazenly call for Anwar Ibrahim to apologize for his earlier criticisms of the system.

Hold the accolades! This sordid trial reveals everything that is rotten with the Malaysian system of justice. This case should never have been prosecuted in the first place. That it was reflected the level or more precisely lack of professionalism on the part of these career prosecutors. As for the trial, there were many instances where the judge could have thrown the case out, as when the physical evidence was introduced. Now the learned judge used that as the reason for acquittal. Continue reading “Hold The Accolades!”

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Anwar verdict resets Malaysian politics

By Simon Roughneen
Asia Times

KUALA LUMPUR – A not-guilty verdict in a sex scandal case against Malaysian opposition leader Anwar Ibrahim could prove a game-changer in the run-up to elections due by 2013 but thought by many analysts to be held this year.

After months of railing against what he deemed trumped-up and politicized charges, Anwar cut an understandably cheerful and relieved dash on Monday morning when speaking to perhaps 3,000 supporters outside the Kuala Lumpur court where he was acquitted of charges of sodomizing a male party aide in 2008. Sodomy is a criminal offense punishable by 20 years in prison in Malaysia, where Muslim citizens are subject to sharia law. Continue reading “Anwar verdict resets Malaysian politics”

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Malaysia’s Moment of Sanity

By Bridget Welsh
The Wall Street Journal

Yesterday’s acquittal of Malaysian opposition leader Anwar Ibrahim on the charge of sodomy ends two and a half years of a bad sequel. After being convicted once in 2000 on the same charge and subsequently exonerated on appeal, this time the court found that the prosecution failed to prove its case.

The decision is a moment of sanity after three years of political turmoil since the March 2008 polls. That election effectively broke the stranglehold on power of the incumbent Barisan Nasional, the National Front coalition, which lost its two-thirds majority in parliament. After the loss, the ruling United Malays National Organization seemed to go back to its mode of personal-attack politics, as practiced by former Prime Minister Mahathir Mohamad. The new accusation against Mr. Anwar also signaled a return to the ways of the Mahathir era. Continue reading “Malaysia’s Moment of Sanity”

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Second Anwar sodomy case ‘flimsier’, WSJ says

by Melissa Chi
The Malaysian Insider
Jan 07, 2012

KUALA LUMPUR, Jan 7 — In urging President Barack Obama to take a stand in democracy in the Muslim world, The Wall Street Journal today called Datuk Seri Anwar Ibrahim’s second sodomy case “flimsier” than the first.

In its editorial piece, the US daily said Malaysian democracy could benefit from a sign that the US is not indifferent to Anwar’s legal ordeal or to the political system that has allowed it to continue. US interests could benefit as well, it said.

“The current case is even flimsier than the last one. It is based mainly on the word of one accuser who, as it so happened, had met with then-deputy prime minister, now Prime Minister Datuk Seri Najib Razak days before the alleged incident.

“Doctors at two hospitals could find no evidence of rape in the aftermath of the alleged incident. Nonetheless, political observers anticipate a guilty verdict,” WSJ said today.

The verdict of Anwar’s trial will be delivered on Monday with a potential sentence involving years of jail time on sodomy charges. Continue reading “Second Anwar sodomy case ‘flimsier’, WSJ says”