Archive for the 'Judiciary' Category

Having a fling with the judges

After being handed a court order to evict himself from his premises “because of disciplinary problems”, an imam demonstrated his displeasure by throwing his shoes at three judges on the Federal Court bench.

He might have been “inspired” by similar shoe-throwing act committed by Iraqi journalist Muntader al-Zaidi. He threw his shoes at the then US President George W. Bush during a press conference in Iraq in December 2008.

Malaysiakini reports:

The incident took place just after 10am when the three-man bench led by Chief Judge of Malaya Justice Zulkifli Ahmad Makinuddin(right) rejected imam Hoslan Hussain’s application to hear his appeal.

This followed an objection raised by the Federal Territory Islamic Affairs Council (MAIWP) lawyer Zulkefli Che Yong that Hoslan’s affidavit was filed outside the timeframe allowed.

What lies before us

On the eve of Valentine’s Day when the Malaysian authorities are gearing up to mount a nationwide hunt on “wayward” Muslim couples, ordinary Malaysians were made to understand that there were certain personalities who were apparently embroiled in deceit. Incidentally, tomorrow’s “hunt” is largely to ensure that Muslims, particularly couples, are morally upright.

One instance concerns the case of the Saudi journalist, Hamza Kashgari, who was alleged to have committed blasphemy against Prophet Muhammad and had been deported back from Kuala Lumpur to Saudi Arabia to face the music. Human rights group, Lawyers for Liberty, had asserted that Home Minister Hishamuddin Hussein had lied pertaining to this controversy.

Then there’s the case of two ex’s hitting out at each other. Ex-Prime Minister Mahathir accused the former Chief Justice, Mohd Dzaiddin Abdullah, of lying. The latter claimed that the judiciary became subservient to the Parliament because Mahathir “clipped its wings in the 1980s when he amended Article 121 of the Constitution”.

Of course, we’re not suggesting here that two (or more) lies make a right.

MACC ‘clearance’?

It would seem unfair that the primates above had to be dragged from the comfort of their natural habitat only to get themselves entangled with what looks like a babe in the woods.

But then, today’s event in Malaysia’s Parliament seems to warrant the very physical appearance of these expressive monkeys.

Ex-Perlis Mufti faces religious opposition

Ex-Perlis mufti Dr Mohd Asri Zainul Abidin, who was hauled up last night by the JAIS (Selangor Islamic Affairs Department) enforcement officers and police, suspected a form of selective persecution in relation to his arrest after he delivered a religious talk in Ampang, Kuala Lumpur.

Asri is known to be vocal in his criticism of the country’s religious establishment as a whole and of some of its religious judgements.

Often Asri’s stand on certain religious issues, such as ‘snoop squad’ and ‘yoga’, is perceived as being problematic, if not too ‘extreme’.

At the time of writing, JAIS is reportedly still mulling over what charge will be preferred against Asri after the latter was arrested.

In other words, arrrest first and reason (for the arrest) later. How does such JAIS action square with Islam’s insistence on justice, fairness and compassion? 

Below is Asri’s media conference on his recent religious and ideological clashes with national Islamic missionary movement YADIM and like-minded Islamic organisations in Malaysia.

Legal judgement that bites

Parti Keadilan Rakyat MP and strategic director, Tian Chua, was found guilty by the KL magistrate’s court of “biting a police constable and preventing the latter from discharging his duty”.

As a result, he was today jailed six months and fined RM3,000. Chua was granted a stay of execution pending appeal.

Chua may lose his parliamentary seat as the fine exceeds RM2,000. Another by-election for the election weary Malaysians?

And another battle royale between the BN and the Pakatan bloc, with the former dishing out election goodies?

See here and here for the full story.

A tale of a lawyer and two clients

So Perak State Assembly speaker V. Sivakumar is prohibited by judicial commissioner Ridwan Ibrahim from choosing his own lawyer in a legal case involving UMNO menteri besar Zambry Abdul Kadir. 

He’s told in no uncertain terms that he must only be represented by the state legal advisor and not by his personal lawyers because “he’s a public officer and part of the state government”.

But the same state legal advisor is also representing Zambry in a case brought to court by PR MB Nizar Jamaluddin. 

Doesn’t this suggest a conflict of interest?

If you don’t know me by now…

Mick Hucknall and his English pop band Simply Red first sang this number in the late 1980s: ‘If you don’t know me by now.’

This song reminds one of the attitude and behaviour exhibited by certain politicians that indicate that they don’t really know, or simply refuse to know well, their constituencies, despite the electoral message given by many Malaysians on March 8 this year. This relates to such issues as the judiciary, corruption, the police force, economy, accountability, freedom of expression and the media, freedom of assembly, the environment, poverty, and the politics of ethnicity and religion.

Chin discloses and the government responds stunningly

So Prime Minister Abdullah Badawi and his de facto law minister Zaid Ibrahim had insisted that establishing a royal commission of inquiry would be sheer waste of time and money. Instead, they added, the government should move on and carry out the necessary reforms of the judiciary.

 

Zaid Ibrahim was quoted by the NST as saying, “… although there was no reason to doubt the (Kota Kinabalu High Court judge Ian Chin’s) allegations, it would be a waste of money and time to have an inquiry as the investigation would reveal nothing more than ‘what we have already known’.”

 

There is at least one question that begs to be asked here: do we really know fully about what ails the Malaysian judiciary? Surely to institute a meaningful judicial reform, one would require enough knowledge of what happened the past 20 years or so in the judiciary. 

 

The use of rakyat’s money, to my mind, cannot be considered wasteful if it is meant to be spent on an effort to mount a major and comprehensive judicial reform because the outcome of this exercise has far-reaching implications on justice, human rights, civil liberties, accountability and democracy.

 

 

Of ‘former prime minister’, judges and camps to boot

The shocking disclosure, although long overdue, by Sarawak High Court judge Ian Chin recently regarding executive interference is a damning condemnation of the previous administration, particularly former Prime Minister Mahathir Mohamad. Read here.

The revelations indicated the previous government’s tendency to ‘advise’ certain judges perceived to have independent thinking so that a case involving vested interests of the government of the day would be judged in favour of that government. Hence, the emergence of ‘boot camps’ aimed at ‘rehabilitating’ so-called recalcitrant judges.

This dark patch of the recent history of our judiciary once again reminds us of the urgency and pertinence of establishing a royal commission of inquiry to investigate and reform the judiciary.

 



Design a site like this with WordPress.com
Get started