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Datuk Hee? So ‘Hee-larious’!

By Martin Jalleh

It was an historic occasion for Hee Yit Foong. She was bestowed the honorary title “Datuk” by his Highness the Sultan of Perak, Sultan Azlan Shah, on the occasion of his 82nd birthday.

Hee must have been “hee-elated”. It was the high point of her life after having gone through the depths of great public humiliation and to contend with the hate heaped on her especially by Perakians.

Indeed, she has been hounded and abuses have been hurled on her when she did the hop-step-and-jump political dance. She hopped out of her party, stepped on the people’s will and jumped into the waiting arms of the BN as an “independent”.

During a State Assembly meeting, several DAP lawmakers gave her hell, threw RM1 notes at her and told her to resign as they said she had no honour left for selling her soul and State away!
Continue reading “Datuk Hee? So ‘Hee-larious’!”

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Five myopic judges in Federal Court

By NH Chan

On Feb 9, the five-member Federal Court panel handed down a unanimous decision on Nizar Jamaluddin versus Zambry Abd Kadir. The judgment of the court was read by Chief Judge of Malaya Arifin Zakaria.

The judgment is 40-pages long and if you have the stamina to persevere to the end of the judgment you would have realised that these judges of the highest court in the land have, under the pretext of interpretation, decided that the Perak sultan has the power to dismiss the incumbent Menteri Besar Nizar when the Laws of the Constitution of Perak does not confer any executive power on the sultan for so doing.

If the sultan has no power to dismiss Nizar then, we should ask, how could the Federal Court commit such a devastating error to their reputation as judges of the highest court in the land?

That is why the ability to pick out the one real point that matters is so important. That is why young advocates learnt how to spot it very early in their career if they are not to bore the judge, whom they are addressing, to tears.
Continue reading “Five myopic judges in Federal Court”

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No action on Lim, Nizar

Police find no element of sedition in their comments on Federal Court ruling
G. PRAKASH | Wednesday, February 17th, 2010 Malay Mail

PUTRAJAYA: Police will not take any action against DAP adviser Lim Kit Siang and former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin for criticising the Federal Court’s decision on the legitimacy of the dismissal of the Pakatan Rakyat State government in February last year and the installation of the Barisan
Nasional government.

A police report lodged against the two on Feb 11 by a retired Royal Malay Regiment officer in Kuala Muda, Kedah, had been transferred to Putrajaya for further action.

Putrajaya district police chief Supt Abdul Razak Abd Majid told The Malay Mail the decision was made after going through the report.

“No further action will be taken as we found no element of sedition as alleged in the report,” he said.

He said only one police report was lodged against the two Opposition leaders for their alleged statements reported in a Malay daily and several online news portals.
Continue reading “No action on Lim, Nizar”

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Justice is done in by the Federal Court

By Martin Jalleh
 
Once again justice is shamelessly sacrificed on the altar of political expediency by judicial shenanigans of the highest court in Bolehland. It is a sad day indeed to see how five “blind” men of supposed legal stature strove so hard not to see and sense what was staring at them in the Federal and Perak constitutions.
 
The judiciary – the very portal of justice continues to be reduced to a convenient playground for the ruling elite to legitimize their power grab, persecute their opponents and promote their political agenda, through the perversion of the rule of law by certain court jesters.

The Federal and Perak Constitutions are dead, done in by those who decided to disregard, desecrate and discard constitutional provisions to treat the doctrine of separation of powers with deference. They are rigorously and rightly interpreted only when it best suits Umno.
 
In stark comparison to the courageous, cogent and convincing judgment of High Court judge Abdul Aziz Abdul Rahim, the cowed five-member bench caved in and conveniently decided to take the cue from the powers that be.
 
It comes as no surprise that their “collective written judgement is apparently riddled with contradictions”.The five judges surely qualify for retired Justice N H Chan’s classic category of “recalcitrant” and “Humpty Dumpty” judges in the Perak conundrum.
  Continue reading “Justice is done in by the Federal Court”

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Perak DAP convention doormat incident a lesson to all politicians

The Perak DAP convention doormat incident on Sunday was not the best of political judgment, taste or example.

I was taken by surprise when confronted with the doormat and tried to avoid stepping on the three pictures but not completely with success.

I fully share the apology made by the DAP leadership over the incident. In fact, I had on the very same day of the convention suggested to the Perak DAP leadership to tender a public apology over the incident.

The Perak DAP convention doormat incident is a lesson to all politicians to be particularly mindful about sensitivities of Malaysians in a plural society and the propensity of irresponsible politicians to turn a non-racial issue into a racial one.

The DAP leadership has learnt from the mistake.

But have the UMNO and Barisan Nasional leaderships learnt any lessons, whether before or after? The answers to both can only be in the negative.

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Pathetic Police Play Politics in Perak

By Martin Jalleh

Bolehland continues to boast of the world’s one and only State with two Chief Ministers (Menteris Besar), two Speakers, two State Governments and two State Assemblies conducted simultaneously under one roof.

The Prime Minister’s slogan of 1Malaysia is beginning to bear much fruit as the Government, Police, Judiciary and Election Commission bond and blend together as one to bury any political dissent and opposition.

The doctrine of the separation of powers is blighted by the usurpation of power by the PM and those willing to do his bidding. There are no longer any boundaries or checks and balances – only cheques waiting for those who bow in subservience to the political elite.

The only “boundaries” left are those separating the government from the people – barricades, blockades, barriers and barbed wires like those put up by the police at the Perak State Assembly building recently. Be prepared for more barbaric times.
Continue reading “Pathetic Police Play Politics in Perak”

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1Malaysia kills – “1Malaysia 2Perak 3Katak”

Najib will be finishing his seventh month as Prime Minister which he started off with the slogan “1Malaysia. People First. Performance Now”.

Does Najib’s 2010 Budget pass as a 1Malaysia Budget?

Two events have cast their shadows over the 2010 Budget and the 1Malaysia slogan – first, the drowning of 11 year-old Dina Devi Nathan from SJK (T) Mambang Di Awan and we have just received reports confirming the death of the other two eleven-year-olds Devadharshini Mageswaran from SJK (T) Mambang Di Awan and Divya Shree Vasudevan from SJK (T) Gopeng when the suspension bridge of the Education Ministry’s 1Malaysia motivation camp at SK Kuala Dipang collapsed on Monday night, sending some 30 pupils crossing the bridge into the Kampar River.

Like other DAP MPs including the MP for Bagan, Lim Guan Eng, MP for Beruas Ngeh Koo Ham, MP for Ipoh Barat, Kulasegaran who visited the tragic Kuala Dipang site on Tuesday, I was shocked and outraged at the utter recklessness, negligence, irresponsibility and complete disregard for the lives and safety of schoolchildren on the part of the authorities, particularly the education department and the contractor concerned, in allowing the suspension bridge to be built without adequate foundation or safety features causing its collapse in two weeks and claiming the lives of three children.
Continue reading “1Malaysia kills – “1Malaysia 2Perak 3Katak””

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Sivakumar disrobed in ‘BN conspiracy’

Humayun Kabir | Oct 28, 09 6:42pm | Malaysiakini

Barisan Nasional has been accused of orchestrating an elaborate plan to prevent ousted Pakatan Rakyat speaker V Sivakumar from exercising his duties at the state assembly sitting today.

Sivakumar, who levelled the charge at a press conference in Ipoh, said this was evident when a large group of police personnel stopped him at the car park of the state secretariat building, where the legislative assembly is located.

He said their motive was to confiscate the speaker’s robe and songkok that he was wearing.

“It was a BN conspiracy to grab the official robe from me,” he claimed, saying the police choked him in the ensuing struggle as he attempted to hold on to it.
Continue reading “Sivakumar disrobed in ‘BN conspiracy’”

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Perak State Assembly

Live updates @limkitsiang

01:45 PM
Perak State Assembly 2nd Sept at Hotel Heritage adjourned sine dine

01:44 PM
Adun Sungai debated. Motion amended 2include demand 4immediate release of 7 arrested n t contract for IGP Musa Hassan should not be renewed

01:41 PM
Emergency motion 2 condemn police highandedness hotly debated. Among speakers ADUN lubok merbau, pokok assam, teja, hutan melintang, canning

12:59 PM
One of the 7 arrested K Ananthan DAP Chairman Lok Lim Garden suffers ashmatic attack. Being sent to Ipoh GH

12:31 PM
Assembly adopted report of Public Accounts Committee. Now debating report of Privileges Committee.
Continue reading “Perak State Assembly”

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How to spot the Usurper between Ganesan and Sivakumar?

By NH Chan

News item in MalaysiaKini – July 24, 2009

I found this news item in MalaysiaKini – an online news portal:

Speaker vs. Speaker: Police report over letterhead
Humayun Kabir Jul 24, 09
Barisan Nasional state assembly speaker R Ganesan lodged a police report with the Ipoh district police headquarters accusing his Parkatan Rakyat speaker V Sivakumar of illegally using the speaker’s official letterhead twice to communicate with him.

Ganesan said the ‘abuse of official letterheads’ happened twice – Sivakumar’s July 14 reply to his affidavit and summoning Ganesan to an inquiry on July 27.

Ganesan claimed that he was appointed as the legal speaker on May 7 to replace Sivakumar and thus the latter had used the letterheads ‘illegally’.
Continue reading “How to spot the Usurper between Ganesan and Sivakumar?”

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Priority of Packaging Over Performance – Najib Razak’s First One Hundred Days

By M. Bakri Musa

I would have expected that the successor to the incompetent and do-nothing Prime Minister Abdullah Badawi has minimal difficulty shining as the bar had been lowered substantially. Yet despite that, Prime Minister Najib Razak has failed to impress us in his first 100 days. His priority is packaging over performance.

Najib may be more poised, his voice less grating, and he stays awake in meetings (Tun Mahathir gave him top marks for that!), but in content and performance, he is of the same bottom-league kayu belukar quality as Abdullah, and far from the sturdy meranti quality we long yearn in our leaders. Abdullah lasted slightly over five years; it took time to see through his vacuity. Now sensitized, voters are less tolerant and less forgiving of incompetence. Najib will have an even briefer tenure.

Najib’s two signature and high profile initiatives in his first 100 days are his 1Malaysia.com.my website and his micromanagement of Perak’s legislative politics. The first illustrates Najib’s slick packaging; the second, the empty content and inept performance.
Continue reading “Priority of Packaging Over Performance – Najib Razak’s First One Hundred Days”

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Doing the nation a favour, the Najib way

by Augustine Anthony

First it was Yb Lim Kit Siang and now Yb M. Kulasegaran joining the concern few leaders of the opposition that prime minister Dato’ Sri Najib Tun Razak’s popularity is a warning to the bickering politicians within the opposition to put aside their differences and present a united and strong opposition or face irrelevance.

Beyond the warring ruling and opposition parties, it must be noted that the approval rating for the prime minister in reality augurs well for the nation as a whole for various reasons among others.

That such high approval rating of 65% within the first 100 days and the need to maintain a continuing rise in the approval rating of the prime minister throughout the period leading to the 13th general election will from now onwards be keenly observed by Malaysians.

Continue reading “Doing the nation a favour, the Najib way”

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Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

By NH Chan

Postscript

On Tuesday, July 7 2009 I posted an article under the above title on the web with various news portals. At that time I only have the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment that of Zainun Ali JCA from Mr. Edmund Bon of loyarburok.com through Mr. Ngan Siong Hing of Ipoh for which I am most grateful. Below is my critique of the written judgment of Zainun Ali JCA.

The points that really matter

As I have said it before in the first part of this article, there are only two points that really matter in the appeal of the case in question. They involve the reading of two clauses in Article 16 of the Perak Constitution and an understanding of what the clauses mean. A very experienced judge, the late Lord Justice Salmon in a talk which he gave to young members of the English Bar (Some Thoughts on the Traditions of the English Bar) said:

…..remember this, in few cases, however complex, is there usually more than one point that matters. Very seldom are there more than two and never, well hardly ever, more than three. Discover the points that really matter. Stick to them and discard the rest.

Actually, Salmon U was revealing to budding advocates the mind of a judge. The young advocates are informed, before they embark on their career, that a judge makes his decision by discovering the point that really matters or, exceptionally, the points that really matter. This revelation should place aspiring advocates on the right direction to becoming good advocates.

Continue reading “Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment”

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Gobbledegook and regurgitation galore in the two written judgments of the Court of Appeal in Zambry v Nizar Jamaluddin

By NHChan

Prologue

I shall start with an aside on the dictionary definition of the two words which feature in the title of this article.

Gobbledegook means unintelligible language.

Regurgitate means repeat information without understanding it. Regurgitation is the noun.

After you have read the article you should have an inkling of what I am trying to suggest with the words. You can then judge for yourself.

There are only two points that really matter in this appeal: Clauses (2)(a) and (6) of Article 16

Let us see if ordinary people like us can understand Clauses (2)(a) and (6) of Article 16 of the Constitution of Perak better than the judges of this Court of Appeal.

There are only two points that really matter in the appeal. They are Clauses (2)(a) and (6) of Article 16 and they read:

(2) (a) His Royal Highness shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly;

Continue reading “Gobbledegook and regurgitation galore in the two written judgments of the Court of Appeal in Zambry v Nizar Jamaluddin”

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The regurgitation of not administering justice according to law in the written judgment of Nik Hashim FCJ in Jamaluddin & ors v Sivakumar

Flashback

To refresh your memory, I refer to the report in the New Straits Times of Friday, April 10, 2009:

PUTRAJAYA: The Federal Court has declared that three assemblymen who quit their parties are still members of the Perak state legislature.
This follows an unanimous ruling by a five-men bench yesterday which ruled that “The Election Commission is the rightfulll entity to establish if there was a casual vacancy in the Perak state legislature,” said Federal Court judge Tan Sri Alauddin Mohd Sheriff.
Sitting with him were Datuk Arifin Zakaria, Datuk Nik Hashim Nik Abdul Rahman, Datuk Sen S Augustine Paul and Datuk James Foong.
Last month, Party Keadilan Rakyat’s Jamaluddin Mohd Radzi (Bebrang) and Mohd Osman Jailu (Changkat Jering), together with DAP’s Hew Yit Foong (Jelapang), filed an urgent application for the Federal Court to decide their matter.
The three wanted a declaration whether it was the Election Commissioner or the Perak Speaker (V Sivakumar) had the final say in determining a vacancy. In February, Sivakumar, using resignation letters signed by the three, had declared the seats vacant.
He informed the Election Commission, but the commission refused to hold by-elections on the ground that there was ambiguity over whether the assemblymen had resigned voluntarily.

Following this newspaper report, I wrote an article which was posted on several portals on the Internet titled “When justice is not administered according to law“. This is what I said: Continue reading “The regurgitation of not administering justice according to law in the written judgment of Nik Hashim FCJ in Jamaluddin & ors v Sivakumar”

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BN on the defensive in first week of Parliament

We have just ended the first week of Parliament and we see the Barisan Nasional in total defensive, unable to give a proper and satisfactory accounting of the many burning issues in the country resulting in the continuous erosion of public confidence in the credibility, integrity and legitimacy of Datuk Seri Najib Razak as the sixth Prime Minister of Malaysia.

The 25-minute ruckus at the start of the first day in Parliament on 15th June following the swearing-in of the PAS MP for Bukit Gantang, Datuk Seri Mohamad Nizar Jamaluddin, when he shocked everyone with loud and righteous cries of “Hidup Rakyat. Bubar DUN” served one important purpose – to focus national attention on the most shameful episode in the 52-year history of Malaysian parliamentary history, the unethical, undemocratic, illegal and unconstitutional power grab in Perak based on three “political frogs” who had to hide from the public for fear of popular condemnation for more than four-hand-a-half months!

I confess I was shocked when Nizar, in the podium of the House, shouted “Hidup Rakyat. Bubar DUN” with his raised fist, as I had not expected him to do that, but I was pleasantly shocked, as he had highlighted the deep-seated feelings of all Malaysians concerned about justice and democracy.
Continue reading “BN on the defensive in first week of Parliament”

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Congrats Zaki for being conferred a “Tun” but where is Court of Appeal judgment in Nizar vs Zambry case?

Congrats to Chief Justice Tun Zaki Azmi for being conferred a “Tun” on the occasion of the Yang di Pertuan Agong’s birthday on Saturday.

But where is the Court of Appeal judgment in the Nizar vs Zambry case after its five-minute shotgun unanimous decision 18 days ago overturning the landmark decision of Justice Datuk Abdul Aziz Abdul Rahim of Kuala Lumpur High Court by declaring Datuk Zambry Abdul Kadir (self-claimed 3-in-1 Mandela, Gandhi, King) as the lawful Perak Mentri Besar?

Court of Appeal judge Datuk Md Raus Sharif had promised on May 22 that the written judgment would be made available in a week when Datuk Seri Mohammad Nizar Jamaluddin’s counsel Sulaiman Abdullah gave notice of leave application to the Federal Court to appeal, but it is now 18 days since the Court of Appeal decision.
Continue reading “Congrats Zaki for being conferred a “Tun” but where is Court of Appeal judgment in Nizar vs Zambry case?”

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Najib’s great analysis about failings of BN leaders with himself as foremost example

The Prime Minister, Datuk Seri Najib Razak has made a great analysis about Barisan Nasional (BN) leaders too obsessed with positions and failing to “learn and change” after the political tsunami electoral defeat last year – except he did not realise he was describing himself as such a foremost BN leader.

Speaking at the People’s Progressive Party (PPP) annual assembly opening yesterday, Najib scolded BN leaders who were too obsessed with party posts, saying they should focus on the people and regain support for the ruling federal government coalition after its dismal Election 2008 results.

This is the Malaysian Insider report of Najib’s speech yesterday: Continue reading “Najib’s great analysis about failings of BN leaders with himself as foremost example”

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Najib – stop current police madness, end debilitating Perak crisis and unite Malaysians to face world’s worst economic crisis with Malaysia in recession

The Prime Minister, Datuk Seri Najib Razak should stop the current police madness, end the debilitating Perak crisis and unite Malaysians to face the world’s worst economic crisis in a century with Malaysia in official recession this year as the country’s GDP is expected to be in contraction of between one and 2 per cent.

The almost daily reports of current police madness, with the arrest of 21 persons in Ipoh yesterday for involvement in a peaceful hunger strike in protest against the unethical, undemocratic, illegal and unconstitutional power grab in Perak has taken gross abuses of police power to a new height.

At a time when the police should be going all-out to combat the endemic crime wave in the country to make Malaysians, tourists and investors safe, a fundamental prerequisite of the nation’s international competitiveness, the police are shocking Malaysians with one outrage after another in launching indiscriminate arrests against peaceful non-violent protestors for wearing black, singing birthday song, taking part in candlelight vigils and trespass of DAP hqrs by conducting a police raid without a search warrant, first time in DAP’s 43-year history and never allowed to be done by the first five Prime Ministers in the country. Continue reading “Najib – stop current police madness, end debilitating Perak crisis and unite Malaysians to face world’s worst economic crisis with Malaysia in recession”