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Sunday, November 09, 2008

Fight Corruption in Courts - Get rid of corrupt Judges and court staff...and Zaki Azmi

What will happen to Zaki Azmi - who just yesterday admitted that he too had to bribe court personell...

If he bribed, or his lawyers bribed or his staff/agents bribed...action must be taken immediately..

"It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were being attended to.

"That was my personal experience, and I am telling this to all the clerks and all the registries to stop this nonsense and I know this is happening, even as late as last week... a lawyer came to see me."

He added that the clerk asked the lawyer to come the next day to collect the file after saying "tapi jangan lupa, ya", signalling him to come with cash. - New Straits Times, 8/11/2008 -Stop it now, corrupt court staff warned


The law is clear, and one such provision that makes it an offence is

Anti-Corruption Act 1997

10. Offence of accepting gratification.

Any person who by himself, or by or in conjunction with any other person-

(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or

(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of-

(aa) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or

(bb) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,

shall be guilty of an offence.


11. Offence in giving or accepting gratification by agent.

If-

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business;

(b) any person corruptly gives or agrees to give or offers any gratification to any agent as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

(c) any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal,

he shall be guilty of an offence.


12. Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal's affairs or business.

(1) Where in any proceedings against any agent for any offence under paragraph 11(a) it is proved that he corruptly accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was offered as an inducement or a reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal's affairs or business he shall be guilty of an offence under that paragraph notwithstanding that-

(a) he did not have the power, right or opportunity so to do, show or forbear;

(b) he accepted the gratification without intending so to do, show or forbear;

(c) he did not in fact so do, show or forbear; or

(d) the act, favour or disfavour was not in relation to his principal's affairs or business.

(2) Where in any proceedings against any person for any offence under paragraph 11(b) it is proved that he corruptly gave, agreed to give or offered any gratification to any agent as an inducement or a reward for doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person having reason to believe or suspect that the agent had the power, right or opportunity so to do, show or forbear and that the act, favour or disfavour was in relation to his principal's affairs or business he shall be guilty of an offence under that paragraph notwithstanding that the agent had no power, right or opportunity or that the act, favour or disfavour was not in relation to his principal's affairs or business.

14. Bribery of officer of public body.

Any person who offers to an officer of any public body, or being an officer of any public body solicits or accepts, any gratification as an inducement or a reward for-

(a) the officer voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to the public body;

(b) the officer performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;

(c) the officer aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or

(d) the officer showing or forbearing to show any favour or disfavour in his capacity as such officer,

shall, notwithstanding that the officer did not have the power, right or opportunity so to do, show or forbear, or that the inducement or reward was not in relation to the affairs of the public body, be guilty of an offence.

17. Duty to report bribery transactions.

(1) Any officer of a public body to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the Agency or police officer.

(2) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(3) Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and, if known, the name of the person who solicited, or obtained, or attempted to obtain, the gratification from him to the nearest officer of the Agency or police officer.

(4) Any person who fails, without reasonable excuse, to comply with subsection (3) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Zaki Azmi also talks about a new incident - where some lawyer told him about yet another incident of corruption... Action must be taken against the said clerk ...and, of course, the said lawyer too...

Will action be taken against Zaki Azmi? Probably not - for after all he was UMNO...and he is now the head of the Malaysian Judiciary - the head of the 3rd Branch of Government..

After all, we remember the allegations made in that 1st Statutory Declaration of that PI Bala of what the police did when it came to statements made about Mohd Najib Razak (the UMNO Deputy President and Deputy Prime Minister...) - they just left it out of the statement recorded. [Of course, shortly thereafter PI Bala withdrew the 1st SD with a 2nd SD]. In the 1st SD, he also talked about the Prosecution and their questioning...and how nothing was asked about Mohd Najib Razak...

So, I would not be surprised that no investigation and/or prosecution will be commenced against this now, very powerful, man - Zaki Azmi...

The report appeared in the New Straits Times - not some cheap tabloid - so, it is more likely than not that Zaki Azmi did say that - admitting to participating in acts of corruption...in committing a crime (or crimes). It was a direct quote - not some conclusions that the reporter made in writting up the report. [I hope the reporter did record it - and the relevant authorities immediately get hold of that recording ...and 'notes' of the said reporter...]

Speed is of essence. Seeing, how important and powerful (and his previous connections to UMNO) Zaki Azmi is, I would not be surprised if they are not able to get New Straits Times to "make a correction" - stating that he never said that. They may go ahead and blame the honest reporter...or maybe the 'sub-editors' or the 'editor'... Maybe, even the reporter may come out and say that he/she made a mistake,...blah...blah. But alas... sometimes the truth has a way of getting out ...and has gotten out through this newspaper report, I believe...

We shall see...we shall see...

I believe that we will also see some arrest of court staff...maybe also judicial officers for corruption...even some lawyers...on corruption charges..

Zaki Azmi is desparate to get himself accepted by the majority of Malaysians. He (and maybe the people behind him) are trying very hard to do this. Interviews here and there ...statements here and there - hard to believe it is all coming from good old Zaki Azmi himself...

The manner in which he was brought in by Abdullah Ahmad Badawi and the UMNO-led BN government from a mere lawyer to Federal Court Judge ... President of the Court of Appeal...and now head of the Malaysian Judiciary...stinks...just stinks.

UMNO led-BN just had to get their man in charge of the Malaysian Judiciary as soon as possible - more so when the signs of the times showed that the continued control of the UMNO-led BN was getting very very shaky. Before March 08, Zaki Azmi was President of the Court of Appeal. (I believe that if they could, they would have made him the Head of the Judiciary before GE2008 - ...but fear of consequences...fear that it may be a bigger issue used by the Opposition...may have prevailed - and Zaki Azmi was placed in the number 2 position...)

13 or 14 months ago, Zaki Azmi was a lawyer - and last month he became the Head of the Malaysian Judiciary

Early September 2007 - Lawyer to Federal Court Judge

December 2007 - Appointed the President of the Court of Appeal (No.2 in the Malaysian Judiciary)

October 2008 - Appointed Head of the Malaysian Judiciary



Normally persons are first appointed High Court Judges, later maybe elevated to become a Court of Appeal judge, and maybe several years later elevated to become a Judge of the Federal Court...
Tan Sri Zaki Tun Azmi will today become the first lawyer to be appointed directly to the Federal Court. The only other lawyer to have bypassed the High Court in Malaysia was Justice Datuk Gopal Sri Ram - Star, 5/9/2007, Lawyer Zaki to be made Federal Court judge
And 3 months later, in December 2007, Zaki Azmi is appointed as the number 2 of the Malaysian Judiciary - the President of the Court of Appeal...

Only 3 months experience as a Judge - and he is made No. 2 of the Malaysian Judiciary ...Not at all good.

Federal Court judge Tan Sri Zaki Tun Azmi will take over from Abdul Hamid as Court of Appeal president

Datuk Seri Abdullah Ahmad Badawi, who made the announcement in a statement yesterday, said both appointments had been consented to by the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin upon his advice after consultation with the Conference of Rulers. - Star, 6/12/2007 -Abdul Hamid confirmed as CJ

See also earlier posts about Zaki Azmi, including one dated 11/10/2008 and .....

What we need immediately is to end corruption in the courts...and the public must be educated as to how and where they can lodge complaints (or their reasonable suspicions) about acts of corruptions in court. It is important that the report and/or the complainant be protected - for if not, there may be a 'black-listing' by the court and court personell...

This was what happened to Zaki Azmi when he complaint - and that was apparently why he had to resort to bribing...

We must have a procedure that protects the complainant - and prevents repercussions from the court and its staff. [same applies with the police, etc...]

Recalling an incident in 1987, Zaki said he was "blacklisted" when he complained to the chief registrar of two missing files belonging to his clients.

"It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were being attended to...- New Straits Times, 8/11/2008 -Stop it now, corrupt court staff warned
We need now public eduacation as where we should lodge complaints about corruption, etc against:-

a) Judges
b) Majistrates and Session Court Judges
c) Court Staff
d) Deputy Public Prosecutors and Government Lawyers,
e) Lawyers and Law Firm workers/agents

& the assurance that we, who complain, will not be 'black-listed'....etc

Well, first things first - let there be an investigation on Zaki Azmi - vis-a-vis his admission that was reported in the New Straits Times

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