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BN to suffer no matter the verdict in Anwar’s trial, says Straits Times

By Shannon Teoh
The Malaysian Insider
Jan 07, 2012

KUALA LUMPUR, Jan 7 — The ruling Barisan Nasional (BN) will come under attack whether or not Datuk Seri Anwar Ibrahim is found guilty in Monday’s verdict in the opposition leader’s two-year-long sodomy trial, according to the Singapore Straits Times.

The Singapore daily said in an analysis today that whatever the High Court’s decision, “there is likely to be some blowback for the Najib administration.”

The analysis said if the PKR de facto leader is found guilty and therefore disqualified as a candidate in the elections, “the question then would be whether the judge denies bail pending an appeal, depriving the opposition of its most charismatic campaigner in the poll run-up.” Continue reading “BN to suffer no matter the verdict in Anwar’s trial, says Straits Times”

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Malaysia in the Era of Globalization #88

By M. Bakri Musa

Chapter 10: Freedom, Justice, and the Law

The Judiciary: Justice in Jeopardy

Not only must there be respect for the rule of law, but the laws themselves must be just. Those administering the law too must be just and be seen to be just.

The Malaysian judiciary began on a very high note with judges held in the highest esteem. Tun Suffian set the tone not only with his exemplary personal example but also the depth of his legal judgment and scholarly analysis. The low point of the Malaysian judiciary occurred when the King, acting on the advice of the prime minister, suspended the chief justice and a few of his associates. Sadly from there the judiciary seemed to breach new lows every so often. A retiring senior appellate judge recently publicly confessed his shame for having been a member of that august body. He bluntly blurted about Malaysian litigants being confident of winning even “hopeless cases” as long as they were filed in “certain courts.” A more damaging indictment would be hard to find.
Continue reading “Malaysia in the Era of Globalization #88”

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Yang Berhormat Ipoh Timur memohon agar keutamaan diberikan untuk membahaskan Usul persendirian mengenai isu plagiarism yang dibawa oleh Ahli Parlimen Bukit Gelugor di Dewan ini

Jawapan Bertulis YB Dato’ Seri Mohamed Nazri Bin Abdul Aziz, Menteri di Jabatan Perdana Menteri semasa Menggulung Perbahasan Bajet 2012 (Peringkat Dasar) di Dewan Rakyat pada 24 Oktober 2011

Untuk makluman Yang Berhormat, Perkara 127 Perlembagaan Persekutuan melarang perbincangan mengenai kelakuan seseorang hakim Mahkamah Persekutuan, Mahkamah Rayuan atau Mahkamah Tinggi di dalam Parlimen kecuali suatu usul khusus yang notis mengenainya telah diberikan oleh tidak kurang daripada satu perempat daripada jumlah bilangan ahli Majlis Parlimen.

Selanjutnya, Peraturan Mesyuarat 36(8) Peraturan-Peraturan Majlis Mesyuarat Dewan Rakyat juga melarang antaranya menyebut dalam isi-isi ucapan ahli-ahli Majlis Parlimen pada Majlis Mesyuarat Dewan Rakyat mengenai kelakuan atau sifat Hakim-hakim kecuali dikeluarkan usul bersendiri bagi maksud itu.

Peraturan 27 Peraturan-Peraturan Majlis Mesyuarat Dewan Rakyat menyatakan cara-cara mengeluarkan pemberitahu (notis) yang antaranya pemberitahu bagi usul yang bukan dengan nama Menteri, hendaklah dihantar kepada Setiausaha tidak kurang daripada 14 hari terlebih dahulu dengan bertulis dalam waktu pejabat biasa.
Continue reading “Yang Berhormat Ipoh Timur memohon agar keutamaan diberikan untuk membahaskan Usul persendirian mengenai isu plagiarism yang dibawa oleh Ahli Parlimen Bukit Gelugor di Dewan ini”

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Judicial tribunal for AG and Ct of Appeal judge

b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail

In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.

These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.

Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Continue reading “Judicial tribunal for AG and Ct of Appeal judge”

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Copycat judge in a copyright case!

By Martin Jalleh
14 Oct 2011

When the respected retired judge N H Chan called certain judges in the appellate courts “imposters”, “intellectual and legal frauds”, “incompetent”, “inane”, “ignoramuses”, “inconsistent” and even an “idiotic” bunch, little did he realise that he was being very mild.

Now it has come to the public’s notice that crouching amongst the growing company of judicial clowns and court jesters in the Palace of Justice is a copycat judge who allegedly plagiarised chunks of a judgment of another judge – in a copyright infringement case!

Former Law Minister Rais Yatim has confirmed that the government had known about the plagiarising judge, but Rais tries to take the rakyat for a ride by blaming it all on the then Chief Justice (CJ), and that it was left to the latter to investigate and to take appropriate action. Continue reading “Copycat judge in a copyright case!”

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Can the separation of power in Malaysia become reality?

— Koon Yew Yin
The Malaysian Insider
Sep 20, 2011

SEPT 20 — The recent announcement by Prime Minister Datuk Seri Najib Razak of pending political reforms is an important step in the right direction for the country. These reforms are needed to complement the earlier economic ones. The prime minister’s boldness in enacting these reforms has been applauded by all quarters, except for supremacist groups such as Perkasa who have been agitating for the harsher use of punitive laws against groups opposed to their notion of Malay rights and who are against any liberalisation of the status quo.

However, critics and cynics have questioned whether the reforms are being undertaken by the government to gain popularity and to counter the increasing potency of these civil liberty issues in the coming general election. Concern has also been expressed on whether the new laws to deter terrorism may be misused by the authorities and may have the same effect of stifling legitimate dissent. Also the proposed decision to abolish annual licensing for the print media under the Printing Presses and Publications Act is really a minor improvement since the home minister’s decision not to renew a licence is final and cannot be disputed in any court of law. Continue reading “Can the separation of power in Malaysia become reality?”

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It was People Power that finished off the ISA

Aliran Executive Committee
Malaysia Day, 16 September 2011

Prime Minister Najib Razak’s announcement that the ISA and the Emergency Ordinance would be repealed has taken the nation by surprise. He also announced that Section 27 of the Police Act (on public assemblies) and the requirement for publishing permits to be renewed annually would be dropped.

Most people would be inclined to welcome these announcements. But we would be well advised to temper any celebration with caution. What will replace these oppressive laws is not clear and has not yet been revealed in much detail.

The repeal of the ISA and EO is an acknowledgement that the government can no longer sustain the use of these laws without strong public condemnation and opposition. The repeal of these two laws is the only logical move. Continue reading “It was People Power that finished off the ISA”

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Answering Jeffrey

By N H Chan

In the recent article by Martin Jalleh dated 14 Sept 2011 entitled Chief Jester’s Circus and Charade Comes to a Close (Part 2) which appeared in your blog, I find this comment from Jeffrey:

The Ex judges that talked independent, don’t forget that they do so only after they left office, with nothing to lose!

Normally I do not answer comments from commentators. But in this case I think Mr Jeffrey should know that he is mistaken because apparently he does not know about me when I was a serving judge. For sure he has not read my book How to Judge the Judges. I would suggest that he reads Ayer Molek v Insas [1995] 2 MLJ 735. Continue reading “Answering Jeffrey”

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Chief Jester’s Circus and Charade Comes to a Close (Part 2)

by Martin Jalleh
14 Sept 2011

Zaki Azmi, the “Judiciary’s Renaissance man” has left behind a legacy of a judiciary scandalously compromised, shamelessly cowed and a slew of shocking contradictory and convoluted judgments. Below are some examples.

“Creatures of the Government”

In Dec. 2009, Abdul Aziz Bari, a constitutional law expert, declared that the judiciary has been reduced to one that “takes its cue from the government”.) But it has been the then CJ’s belief that since the 1988 judicial crisis “the confidence in the judiciary has improved a great deal” (The Nut Graph, 26.03.10)!

Zaki called those who criticized the judiciary for its lack of independence “a small group of vociferous people out there, who go onto the internet and blogs and Facebook and all that and make comments without knowing the proper background. Many are not even lawyers.”

A few months later lawyer Edmund Bon, who was then the chairman of the constitutional law committee of the Bar Council revealed that “the perception that the judiciary is executive-compliant still remains till today” (Free Malaysia Today, 17.08.10)!

According to former Federal Court judge Gopal Sri Ram: “… the judiciary has become so ‘executive-minded’ and that “the judges have become creatures of the government” (Malaysiakini, 16.09.10).

The NST quoted Zaki on 12 May this year that feedback from lawyers showed that they were happy with the integrity of the judiciary and had not heard anything negative since 2008. He added: “I am sure many, if not all, agree that the Malaysian judiciary is now free from any criticism or accusation of bias or partiality.”

Very apparently he had not listened to N H Chan who had often pointed out that the “Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government.” Continue reading “Chief Jester’s Circus and Charade Comes to a Close (Part 2)”

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Chief Jester’s Circus and Charade Comes to a Close (Part 1)

By Martin Jalleh
14 Sept. 2011

Zaki Azmi has retired as the Chief Justice (CJ) of Bolehland. Weeks before the final curtain, he held himself in high regard in press interviews by giving rave reviews of his own tenure. He felt “very satisfied with the judiciary’s achievements in less than three years” (Bernama).

For a long time the mainstream press had portrayed Zaki as a “reluctant” CJ. But as his retirement date drew nearer, the Malay Mail (MM) revved up the farewell accolades by revering him as the “Judiciary’s Renaissance man” (25.08.11).

According to MM’s executive editor Terence Fernandez the feedback he received from Zaki’s contemporaries in the Federal Court including Arifin Zakaria, Raus Sharif, James Foong, Zulkefli Ahmad Makinudin and Abdull Hamid Embong was that Zaki “has revolutionised the judiciary”.

Praise for Zaki’s tenure also came from the Bar Council. Its chairperson Lim Chee Wee lauded him as one who has “surpassed the Bar’s expectations as he has implemented many positive changes”. Lim listed 11 of the changes (Malaysiakini, 06.09.11).

Zaki’s changes may have been impressive but the reputation of the judiciary was sullied irreparably during his term of office. In the eyes of the public the judiciary sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy. Continue reading “Chief Jester’s Circus and Charade Comes to a Close (Part 1)”

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‘Evidence fabricated in Anwar’s corruption trial’

Malaysiakini
Sep 12, 11

Anwar Ibrahim’s 1999 conviction for abuse of power was wrong as the prosecution had concocted evidence and cheated through the actions of then investigating officer Musa Hassan and then lead prosecutor Abdul Gani Patail.

This was revealed in another open letter, sent to Inspector-General of Police Ismail Omar today, by former Kuala Lumpur CID chief Mat Zain Ibrahim.

Mat Zain states that Musa and Gani had done this for their joint benefit. Both had risen in ranks, with Musa becoming the police chief and Gani, the attorney-general. Musa retired recently.

“It is not wrong to say the jail term Anwar faced is an injustice to him as a result of both their (Musa’s and Gani’s) actions. I am basing this argument on documentary evidence and statements that I have and are within my knowledge,” he said in the letter.

“I am also saying this because there are important statements made by (former prime minister) Dr Mahathir Mohamad in Chapter 53 of his memoirs ‘Doctor in the House’ on the black eye incident, and the actions by the public prosecutor are different from what I have in the official case files of 1998.

“I believe that Mahathir was given a wrong briefing and he had been manipulated.” Continue reading “‘Evidence fabricated in Anwar’s corruption trial’”

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Top court says Lingam video RCI findings ‘cannot be reviewed’

The Malaysian Insider
Sep 13, 2011

PUTRAJAYA, Sept 13 — The Federal Court ruled today that the findings of the royal commission of inquiry (RCI) into the controversial V.K. Lingam video clip cannot be reviewed as the commissioners merely made findings and it was not a decision.

Lawyer Datuk V.K. Lingam wanted the Court of Appeal to review the RCI’s findings that he had committed criminal misbehaviour which, he said, was a grave attack on his reputation, and that he had been adversely affected.

The senior lawyer argued that although he had not been prosecuted, his reputation had been gravely tarnished and injured, and that it was his fundamental right under the Federal Constitution to safeguard his reputation.

Justice Raus Sharif ruled that Lingam and two former chief justices were not adversely affected by the findings of the commission. Continue reading “Top court says Lingam video RCI findings ‘cannot be reviewed’”

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Constitutional question: Judges let natives down

by Hafiz Yatim
Malaysiakini
Sep 9, 11

A law professor said Chief Justice Zaki Azmi and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, could have abdicated their oath of office by their refusal to interpret the question of law posed to them.

The question posed before the court was “whether section 5(3) and (4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires Article 5 (Right to life) and Article 13 (right to property) of the Federal Constitution.”

Islamic International University professor Abdul Aziz Bari said by refusing to deal with the constitutionality issue, the Federal court has abdicated its duty.

“Under the Federal Constitution, the Federal Court which is the highest court of the land is essentially the constitutional court of the country; the main tribunal whose major duty is to take care of the constitution,” he said. Continue reading “Constitutional question: Judges let natives down”

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Judicial independence and justice

Lim Sue Goan
The Malaysian Insider
September 09, 2011

SEPT 9 — Prime Minister Datuk Seri Najib Razak’s recent visit to the Palace of Justice has triggered a dispute as some claimed that the visit could jeopardise the independence of the judiciary. However, I am more interested in the remarks made by retiring Chief Justice Tun Zaki Azmi.

He said that the government had allocated RM130 million to upgrade court facilities and it was normal for the prime minister to see how the money was spent. Also, the more people the more transparent it was and there was nothing to be kept in the dark. It would not affect judges’ independent judgment.

The judiciary needs money to operate and the bill is paid by the government. Then how could we be sure that the judiciary would not lose its independence for government funding?

Judiciary independence is a universal value. According to the Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from August 26 to September 6, 1985, “it is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions”.

Most countries and regions such as the US, Germany, Japan, Hong Kong, Macao and Taiwan separated the expenses of the judiciary and included it in the central budget. Many countries also have a court expense budget which is planned by a court expense budget committee formed by courts or judges. There are also judges who participate in a court expense budget team and the Finance Ministry has no right to delete or seize a court expense budget and funding. Continue reading “Judicial independence and justice”

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Revised law rewards judiciary’s top three, works other judges longer

By Debra Chong
The Malaysian Insider
Aug 29, 2011

KUALA LUMPUR, Aug 29 — Unlike his predecessors, Tun Zaki Azmi will retire on a full pension when he clocks out for the last time from the Palace of Justice on September 12 despite serving less than three years as Chief Justice, thanks to a recent revision of a remuneration law for the country’s judges.

It used to be a minimum of 15 years for judges from the High Court upwards to get their full pensions but few in the courts appear aware of the revisions to the Judges’ Remuneration Act (JRA) 1971, passed in Parliament two months ago, that gave senior judges a shorter time to get pensions while junior judges now have to spend 18 years to get their full pension.

“The whole thing is purposely catered to Zaki,” DAP federal lawmaker Lim Kit Siang told The Malaysian Insider when contacted. Continue reading “Revised law rewards judiciary’s top three, works other judges longer”

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Who killed Teoh Beng Hock?

The burden of proving that Teoh’s death was an accident lies on those who had held him at the MACC

By N H Chan

Recently (see my article “If you put the cart before the horse” or “Cart and Horse” depending on where you have read it), I wrote about the unfounded conclusion of a befuddled Royal Commission of Inquiry that Teoh Beng Hock was driven to suicide while he was in the custody of the MACC.

One still wonders how such a conclusion could ever have been reached by the RCI without any evidence to support it whatsoever! Such evidence requires the opinion of an expert – which is a relevant fact under section 45 of the Evidence Act – to say that Teoh was driven to suicide as a direct consequence of the third degree method of interrogation inflicted on him by the police while he was in the custody of the MACC. It is because the finding of the RCI that Teoh was driven to suicide was unsupported by any evidence that we all realized how silly had been those judges who sat on the Royal commission. Those three judges have since become the laughing stock of the nation! Continue reading “Who killed Teoh Beng Hock?”

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RCI + inquest = ‘big, big mess’

By Teoh El Sen | July 28, 2011
Free Malaysia Today

PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.

Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.

“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.
Continue reading “RCI + inquest = ‘big, big mess’”

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Raja Aziz – A legal mandarin’s sad last days

By Terence Netto
Jul 14, 11 | MalaysiaKini

Raja Aziz Addruse, for all his ultimate eminence as a lawyer, must have felt himself a marginal man, especially in the last decades before his death on Tuesday from lymphatic cancer at the age of 75.

Nothing exemplified this peripheral stature than the refusal of the Federal Court to grant him consideration when questions on the constitutional monarchy were referred to it in a dispute on the royal succession in Kelantan last year that pitted the former sultan against his successor, the regent.

The former sultan had retained an ailing Raja Aziz as counsel when he challenged the constitutionality of the succession. Continue reading “Raja Aziz – A legal mandarin’s sad last days”

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Mat Zain wants Altantuya accused retried

By Debra Chong
July 12, 2011 | The Malaysian Insider

KUALA LUMPUR, July 12 — Datuk Mat Zain Ibrahim urged today Prime Minister Datuk Seri Najib Razak to step in and relook the Attorney-General’s (A-G) prosecution of two policemen now on death row for the murder of Mongolian model Altantuya Shaariibuu.

The retired cop accused the A-G of mishandling the case, which reflects a miscarriage of justice as the motive for murder was never found. Continue reading “Mat Zain wants Altantuya accused retried”

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Najib GTP in past two years a depressing failure

I posed a supplementary query in Parliament to Question No. 5 to the Minister in the Prime Minister’s Department, Senator Tan Sri Dr. Koh Tsu Koon who had boasted about the great success and achievements of Prime Minister Datuk Seri Najib Razak’s Government Transformation Programme to date.

Puncturing his balloon, I pointed out that the purpose of Najib’s GTP is to restore national and international confidence in the efficiency, independence, integrity and professionalism of key national institutions but the reality in the past two years had been the very opposite – with even greater plunge of public and international confidence in the efficiency, independence, integrity and professionalism of key national institutions like the police, judiciary, elections commission and the anti-corruption commission, the MACC.
Continue reading “Najib GTP in past two years a depressing failure”