YeinJee's M'sian Voices

Former Chief Judge of Malaya Tan Sri Haidar Mohamed Noor has been appointed chairman of the Royal Commission of Inquiry to investigate the video clip controversy featuring a senior lawyer purportedly brokering judicial appointments over the telephone.

Five other members of the commission are former Chief Judge of Sabah and Sarawak Tan Sri Amar Steve Shim Lip Kiong, former Court of Appeal Judge Datuk Mahadev Shankar, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh, Academician-Historian Prof Emeritus Datuk Dr Khoo Kay Kim and Datuk Abdullah Sani Ab Hamid (as commission secretary).

I don’t have enough knowledge to justify if these people are suitable candidates to investigate the matter, and I am not sure if the royal panel could produce anything more meaningful than the earlier 3-men panel.

Regardless of the result, I doubt that the findings could change the current situation where our judiciary system is being controlled (or at least influenced) by our BN lead government.

Even if the tape is found genuine, the people that will be penalized would probably be Lingam and Fairuz while the rest of the VIPs that are involved would keep hidden behind the curtain and not being punished.

The tape might help raise some public awareness that our country administration is not as clean as the government is trying to portray… perhaps it is the only meaningful purpose that it could serve in the end.

Meanwhile, Anwar Ibrahim has released the full version of the video…

Acting Chief Justice Datuk Abdul Hamid Mohamad has been confirmed to take over the top judicial post. Abdul Hamid has been the acting CJ since the retirement of Ahmad Fairuz in early October.

What concerned some people though… is the promotion of Umno-man Zaki Tun Azmi to take over Abdul Hamid as Court of Appeal president, which makes Zaki the #2 top judge in Malaysia and possibly the next Chief Justice.

Zaki Azmi is Umno’s former top legal adviser. He was controversially appointed as a Federal Court judge in Sept 2007 as the first ever person to be elevated directly to the highest court without having served as a judge in the lower courts.

Now here he is, the Court of Appeal president. The appointment is an indication that there were no other suitable candidates in terms of seniority and service in the judiciary, or perhaps a more logical explanation… that Umno led government is appointing their own man in top judiciary positions. It’s not a good sign either way.

Malaysian Bar has expressed their surprise with Zaki’s appointment, but trusted that “these concerns will be dispelled by a display of integrity and exemplary performance on the Bench by Zaki.” [Malaysianbar]

I can’t share the same optimism though. While the society is still having doubts over our judiciary system following the Lingam tape scandal, the Zaki Azmi’s amazing promotion is likely to further dent the reputation our judiciary independence.

Hindu Rights Action Force (Hindraf) supporters were charged with attempted murder and causing damage to public property during the mass rally in Kuala Lumpur on Nov 25. [Malaysiakini]

No sympathy from me. I know some people will argue that the police were using tear gases, water cannons and some violent acts as well, but two wrongs don’t make one right… it doesn’t mean that it’s ok to throw bricks and iron pipes at the police when the cops were using force.

Yes, the charges might be biased and discriminative. It’s uncommon for Attorney General Abdul Gani Patail to personally handle the case when he is ignoring some other more pressing cases (Altantuya’s murder for example)… and besides that, I can’t stop wondering what has happened to the officer that fired 4 shots to the crowd at Batu Buruk fracas.

Still, it doesn’t mean that it is wrong to charge the Hindraf supporters. If there is anything to concern about… it’s to make sure that the prosecutors are not framing the accused but have solid proof to press the charges, and that the trial is handle fair and square with proper transparency.

Saw this from Rocky… Hindraf’s memorandum to UK Prime Minister Gordon Brown. There are some strong accusations mentioned, judge it yourself…

HINDRAF
Hindu Rights Action Force
No. 135-3-A, Jalan Toman 7,
Kemayan Square,
70200 Seremban, Negeri Sembilan
Malaysia. Tel : 06-7672995/6
Fax: 06-7672997 Email waytha@hotmail.com

15.11.2007
The Rt. Hon. Gordon Brown
Prime Minister of the United Kindom
10 Downing Street, Fax: +442079250918
London, URGENT
SW1A 2AA

Dear Sirs,

RE: 1. COMMONWEALTH ETHNIC INDIAN PEACE LOVING SUBJECTS IN MALAYSIA PERSECUTED BY GOVERNMENT BACKED ISLAMIC EXTREMIST VIOLENT ARMED TERRORIST WHO LAUNCHED A PRE DAWN VIOLENT ARMED ATTACK AND DESTROYED THE KG JAWA MARIAMAN HINDU TEMPLE AT 4.00 A.M THIS MORNING (15.11.2007).

2. APPEAL FOR U.K TO MOVE EMERGENCY U.N RESOLUTION CONDEMNING “ETHNIC CLEANSING” IN MALAYSIA.

3. APPEAL TO REFER MALAYSIA TO THE WORLD COURT AND INTERNATIONAL CRIMINAL COURT FOR CRIMES AGAINST IT’S OWN ETHNIC MINORITY INDIANS.

We refer to the above critical matters in Malaysia but which generally gets the least attention locally even by the Opposition parties, NGO’s, the Malaysian Human Rights Commission and the media for this community is generally regarded as politically insignificant, do not draw local or international funding and are deemed not pressworthy. To the contrary the Malaysian government has successfully projected itself to the world as a modern Islamic thinking country which is not true.

The ethnic minority Indians in Malaysia were brought in to Malaysia by the British some 200 over years ago. Since independence in 1957 the Malaysian Indians have been permanently colonialised by the Islamic fundamentalist and Malay chauvinists UMNO led Malaysian government.

Among the recent atrocities committed by this government are as follows:-

1.100 over Indians were slashed and killed by the UMNO controlled Malaysian government in the Kampung Medan mini genocide. Despite numerous appeals, the Malaysian Human Rights Commission has refused to hold a Public Inquiry. The UMNO controlled Malaysian courts struck off a victim’s public interest civil suit for a Public Inquiry to be held without even the said UMNO controlled government having to file in their defence. The UMNO controlled Attorney General and the Inspector General of Police refused to investigate and / or initiate an inquest into the death of at least six Indians in this tragedy despite.

2. Every week one person at average is killed in a shot to kill policy and in every 2 weeks one person is killed in police custody. About 60% of these victims are Indians though they form only 8% of the Malaysian population.

3. In every three weeks one Hindu temple is demolished in Malaysia.

The latest being the demolishment of the Mariaman temple in Padang Jawa, Shah Alam, Selangor early this morning (15.11.2007) and the next being the (Mutaiya) Hindu temple in Sungai Petani scheduled for the 29.11.2007.

A violent armed pre down attack at 4.00a.m this morning was launched by the UMNO controlled Malaysian government backed by about 600 police, riot police, Islamic extremist and armed terrorists which completely destroyed this temple.

In an attack two weeks ago, uniformed police, riot police and city Council officers hurled rocks and attacked unarmed Hindu devotees with knives, sticks and iron rods.

At least 20 Hindu devotees were seriously injured and 19 arrested including 4 of their United Kingdom trained lawyers in direct violation of Article 5 (Right to life) Article 8 (Equality) Article 11 (Freedom of Religion) Section 295 (defiling a place of worship), Section 296 (disturbing a religious assembly), 298A(causing racial disharmony) and Section 441(criminal trespass) of the Malaysian Penal Code.

These authorities are plagued by an above the law mindset and in fact liberally take the law into their own hands. These atrocities however does not happen to almost all Islamic places of worship. Please visit www.policewatchmalaysia.com for further and better particulars.

4. State sponsored direct discrimination against the Indians in Public University intakes, Indian (Tamil) Schools, skills training institutes, civil service and private sector job opportunities, business and license opportunities and in almost all other aspects of daily life.

Despite our hundreds of letters, appeals and pleas to the Malaysian King and Sultans, the Prime Minister, Attorney General, Inspector General of Police, Ministers, Chief Ministers and the latest being our letters to the Prime Minister dated 29.10.2007 and 30.10.2007 and to the Attorney General dated 1.11.2007 the Malaysian authorities are only proceeding with greater ferocity and with impunity with very little regard for the Federal Constitution and laws of Malaysia. So please help us.

CONCLUSION

We fear that this peace loving Indian community of Tamil origin having been pushed to the corner and the persecution getting worse by the day may be forced to into terrorism in a matter of time as what has happened to the Sri Lankan Tamils.

APPEAL

On our part we are committed to a peaceful and lawful struggle and pray and appeal that the Government of the United Kingdom:-

1. Moves an emergency United Nations resolution condemning these state sponsored atrocities and persecutions of Malaysian Indians in Malaysia.

2. Refers Malaysia to the World Court and the International Criminal Court for Crimes against it’s own ethnic minority Indians

Thank You,

Yours Faithfully

P.Uthayakumar
Legal Adviser

A new version of Lingam video has been released; the extra 10 seconds at the end of the video shows that Ahmad Fairuz’s name was mentioned… it’s difficult to determine if it was VK Lingam who mentioned AF’s name though.

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Opening address by former Yang di-Pertuan Agong and former Lord President of the Federal Court, HRH Sultan Azlan Shah, at the 14th Malaysian Law Conference… [Malaysianbar]

“50 Years of Constitutionalism and the Rule of Law”

Assalamaualaikum Warahmatullahi Wabarakatuh.

Salam Sejahtera.

Bismillahi Rahmanir Rahim.

This year marks the 50th year of our nation’s Independence. It is also the 50th year of our Merdeka Constitution.

Malaysia and its people have every reason to celebrate this joyous occasion as the country prospers as a constitutional democracy with a constitutional monarchy in the form as established by the Merdeka Constitution in 1957.

Not all countries that achieved their freedom at the end of the colonial period are today able to celebrate their independence with pride. Some are under military rule, whilst others have had their institutions undermined or even abolished.

The 50th anniversary of our independence is therefore an appropriate moment for all of us to reflect upon the strength of our constitutional system. As we rejoice in our success, It is important to be alert to the pitfalls of failure if proper regard is not given to our constitutional mechanisms.

We must ever be mindful that written constitutions are mere parchment pieces.

It is important that there must be, in the hearts and minds of those who are entrusted to administer and uphold the constitution, a belief in the values and principles that animate the august document.

I had occasion to observe when sitting in the Federal Court in 1977 that the “constitution is not a mere collection of pious platitudes”. I spoke then of the 3 essential features of our constitution. I said:

“It is the supreme law of the land embodying three basic concepts: One of them is that the individual has certain fundamental rights upon which not even the power of the state may encroach.

The second is the distribution of sovereign power between the states and the federation…

The third is that no single man or body shall exercise complete sovereign power, but that it shall be distributed among the executive, legislative and judicial branches of government, compendiously expressed in modern terms that we are a government of laws, not of men.”

The prescription that “we are a government of laws, not of men” describes the basic principle that runs through our entire constitution-the principle of the Rule of Law.

The Rule of Law is the defining feature of democratic government. In delivering the eleventh Tunku Abdul Rahman lecture in November 1984, I again defined it as follows:

“The Rule of Law means literally what it says: The Rule of the law. Taken in its broadest sense this means that people should obey the law and be ruled by it.

But in political and legal theory it has come to be read in a narrow sense, that the government shall be ruled by law and be subject to it.

The ideal of the Rule of Law in this sense is often expressed by the phrase “government by law and not by man””
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The teenage murderer that has been released in July has been sent back to jail after the Federal Court overturned the Court of Appeal’s decision. [Thestar & IHT]

I don’t have much sympathy for the boy; I don’t think he should be released at the first place after spending 4 years in prison for stabbing a girl 20 times. I do pity the parents though for the drama they endured.

I am not good with laws; I am not sure how it works in this case… it seems that it’s lawful for teenage murderers to be detained in prison at the pleasure of the King. Quite a bizarre situation though… what would happen if the King has forgotten about someone that he put into jail? Does that mean that the teenage murderer would have to spend his life in prison?

What we need is a clear law on convicting teenage criminals. Crimes involving underage are increasing at an alarming state; I could easily recall at least 2 murdering probes against teenagers over the past one week or two… we will have more teenage murderers (and notorious criminals) in times to come, and we need a law to deal with that.

Turnaround decisions like this case shouldn’t be happening again… it’s humiliating for our jurisdiction, and it’s a pain for both the murderer and victim’s parents.

PKR leader Anwar Ibrahim is received an ACA notice today compelling him to reveal the source behind the Lingam video or risk going to jail. [Malaysiakini]

ACA’s request is not unreasonable, but I am kinda pissed with the one sided investigation so far. The independent panel is failing miserably in determining the authenticity of the video; while ACA is busy chasing after the whistleblower instead of investigating people alleged in the judiciary scandal.

What would you do, if…?

These lead to a question that has always been mingling in my mind… If I have somehow obtained a file (or video) that could prove that some VIPs are involved in some national scandal, what would I do? What would you do in this situation?

Would you just throw all the stuff in the public or would you go to someone like Anwar or Lim Kit Siang and passed on the responsibility to them? ACA is always asking people to give this proof to them instead of political parties… but frankly I don’t have much fate with ACA these days. I have a feeling that if the proof is true, they might close the case prematurely, or to a worse extent… going after me instead.

It would be logical to just past the buck to people like Anwar and then stayed behind the scene… the source of the Lingam tape was probably thinking the same way.

Now, what would Anwar do… would he risk going to jail or risk the safety of the person that entrust him with the video? As the situation has been greatly publicise, it would be unthinkable if the ACA would do any physical harm to the whistleblower… but then, who can guarantee that the whistleblower would not be harassed mentally, or ordered to keep quiet?