ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Just heard a migrant worker was WHIPPED even though there is an Appeal already filed, and yet to be heard - and that Appeal to the High Court included the appeal with regard sentence. This means the HIGH COURT would have considered whether the sentence would have been reduced...and maybe whipping may be reduced or even no whipping....Mmmm
Was this an act of CONTEMPT against the High Court? Should not the WHIPPING be delayed until the High Court had heard and decided on the Appeal? Reasonably, I would say yes...Who knows, the High Court may even decide to ACQUIT - meaning no sentence.
Some say, the MISTAKE is the LAWYER's - he should have made an application to Stay Execution until after the Appeal is heard and decided... YES, I too believe the lawyer's failure to apply or ensure that the migrant worker is not WHIPPED until the Appeal is heard and decided upon by Court is serious - see PM Najib is not in jail even though convicted by High Court, had his appeal to Court of Appeal dismissed - and this is because he is enjoying a stay of execution of sentence until the appeal is done.
Sadly, the POOR and migrants may not have the same options because of poverty and lack of 'resources'...THUS, it may be JUST for the JUDICIARY to issue Directions/Orders to ensure no one is WHIPPED if there is an Appeal filed, and yet to be heard.
So, even if the 'incompetent lawyer' fails to apply for a Stay of Execution until appeal disposed off, the POOR including Migrants will NO MORE be WHIPPED until the Appeal is heard and decided by Court...
But wait, the law actually is CLEAR - no whipping until appeal heard and decided on...
311 Stay of execution pending appeal [Criminal Procedure Code]
Except in the
case of a sentence of whipping (the execution of which shall be stayed
pending appeal), no appeal shall operate as a stay of execution, but the
Court below or a Judge may stay execution on any judgment, order,
conviction or sentence pending appeal, on such terms as to security for
the payment of any money or the performance or non-performance of any
act or the suffering of any punishment ordered by or in the judgment,
order, conviction or sentence as to the Court below or to the Judge may
seem reasonable.
Well, the Appeal had been filed - so, how come that Migrant Worker was WHIPPED when the appeal has not yet been heard and decided upon?
Bukit Merah...Lynas - and yet the Perak government seems to be wanting to open yet another 'dangerous' rare earth mine in Perak - and probably another rare earth processing plant like Lynas.
Stupid and shocking - Have the government not yet learned the lesson about the dangers to environment and health...What is interesting was that these plans should have been noticed by the past Pakatan Harapan plus government ... and the plans should have been shelved in the interest of health, livelihood and the environment...
Whilst attention was focused on Lynas - about the relocation of the plant from Malaysia, the demand that Australia take back the 'waste'(which Australia to date has refused), and the proper and safe storage of the apparently dangerous waste - Malaysia again is going to mine rare earth..Time to vote out the current government if we want to stop it...
Now, if the project is awarded to some foreign company - which is subject to some Trade Agreement which protects the 'investor' - Malaysia will fall again into the 'trap' of not being able to cancel the project - without having to pay a very high settlement in millions/billions of Malaysia ringgit.... What stage is the plans at? Is it still in the hands of the Malaysian government or Malaysian companies - or has it already been given to some FOREIGN company?
In the '... Ethyl Corporation
v. Government of Canada, which saw the Canadian government banning
a gasoline additive on environmental and public health grounds, but
subsequently reversing that ban following the company's arbitration
claim under NAFTA against Canada for expropriation. Before the matter
was decided by the tribunal (after the tribunal decided that it had
jurisdiction over the claim), Canada settled and agreed to remove
the ban, declare publicly that the gasoline additive was not an environmental
or a health risk, and pay $19 million in compensation to the US firm...' - THIRD WORLD RESURGENCE, Privileging
investors over the public interest by Fauwaz Abdul Aziz(Third World Resurgence No. 275, July 2013, pp 18-22)
If Malaysia or Perak already signed some agreement with some FOREIGN company to mine or process rare earth, then the difficulty of even stopping the mining increases... again public health and environment may be sacrificed by reason of folly of some politician/government leaders...
The PERAK Menteri Besar is not denying the mining - only saying not yet started mining ...he is missing the point completely. And, sadly it is the people of PERAK that voted in these State Assemblypersons as their State Chief Minister and Cabinet - so they will suffer most by reason this bad choice..
Read more the impact and long-term impacts of rare earth mining to the people and the environment - and even the risk to everyone's water supply. Many countries are stopping rare earth mining and processing - read more and make an informed decision yourself..
It is now Perak - earlier in 2020, it was Kedah that have been planning on RARE EARTH MINING - yes, there is a lot of monies to be made BUT the question must be what is our PRIORITY > For me, the RISKS are too high and it can last for 100 years after the end of mining operations, and it risks people's health, environment, wildlife - and it can affect a lot of people far away from mining/processing site ....read the article below as well about the 'Toxic Risks of Mining Rare Earth'
Satellite images show Perak rare earth mine built before approval
Question
marks have emerged over why work appeared to have commenced at a site
in Hulu Perak near Gerik over a year before the rare earth mining
project was approved.
Menteri Besar Saarani Mohamad on May 23 said the environmental impact assessment (EIA) for the project was approved a week prior.
However, satellite images reviewed by Malaysiakini reveal what an environmentalist suspects are evidence of ongoing mining operations at the site.
The
site has been earmarked for the mining of lanthanides, which are 15
chemical elements, commonly known as rare earth, and are used to make
electronics."It is questionable how the mining operations could start before the EIA report was approved.
"Checks on Google Maps (above)
show there are already land works done and pregnant solution collection
pond structures at the proposed project site," said Sahabat Alam
Malaysia field officer Meor Razak Meor Abdul Rahman.
Pregnant solution ponds are used to store chemical solutions in the mining process.
Malaysiakini’s further checks of other publicly available satellite imagery found signs of land clearing on the site as early as December 2019.
About a year later in December 2020, apparent structures started showing up in satellite imagery of the site.
Timelapse
of satellite imagery of the site from September 2020 to May 2022. Each
individual image is a “cloudless mosaic” assembled from multiple images
taken throughout a calendar month to artificially reduce cloud cover in
the image.
The images were
cross-referenced with coordinates for the project provided in the EIA
report displayed by the Department of Environment (DOE).
The
project is located in an ecological corridor connecting the Kenderong
Forest Reserve and Bintang Hijau Forest Reserve which is home to
endangered wildlife including the Malayan tiger.
The EIA report was put on public display in July 2021 before receiving the DOE’s approval on May 11 this year.
Besides the Malayan tiger, the EIA states that the area is also home to the Asian elephant and Malayan tapir.
The project sits 500m north of salt licks which are visited by elephants, tapirs, and sun bears.
It was also noted that active logging has been happening in the area.
Permanent loss of habitat
Environmentalists
oppose the project because it is located on the Central Forest Spine
which runs down the length of Peninsular Malaysia.
The Central
Forest Spine is a network of ecological corridors that allow wildlife to
move from one forest complex to another. This helps especially with the
conservation of threatened and near-extinct species.
The project
area is also in an Environmentally Sensitive Area Level 1 which,
according to the National Physical Plan, are areas that cannot be used
for anything but low-impact tourism, education, and research.
It
is estimated there are fewer than 150 Malayan tigers, 3,100 wild
elephants, 1,500 tapirs, and 500 sun bears in the wild in Malaysia.
"The
EIA clearly states that land works can cause direct and indirect impact
on wildlife, especially large mammals and aquatic life, and can
potentially cause species extinction.
"The EIA does not provide
any mitigation measures to overcome this loss of wildlife habitat, so
this means the destruction of wildlife habitat is permanent," Meor Razak
said.
Sahabat Alam Malaysia field officer Meor Razak Meor Abdul Rahman
He
added that the mining period of 12 years, plus a 30-year mining
licence, is likely to cause irreversible damage and obliterate wildlife
habitats.
The Perak government has said the mining will be a pilot
project to determine if lanthanides could be a new source of income for
the state.
According to the EIA, the mining will be conducted
through in-situ leaching by constructing seven hydrometallurgical plants
as well as establishing injection holes and piping systems.
The
project covers 11 land parcels of 5,339 acres (2,161 ha) and is owned by
Menteri Besar Incorporated Perak (MB Inc Perak), Majlis Daerah Gerik,
Felcra Bhd, and the Perak State Agriculture Development Corporation
(SADC).
Perak lanthanide mine not in forest reserve, central spine area, insists Saarani
Updated 6 days ago ·
Published on 15 Jun 2022 8:54PM ·
0 Comments
Perak Menteri Besar Saarani
Mohamad says civil society groups should check with the state's Forestry
Department and Land and Mines Office before making claims that a new
lanthanide mine is located in forest reserves and the central spine
area. – Wikipedia pic, June 15, 2022.
THE
pilot project for lanthanide rare earth mining in Hulu Perak is not in
the permanent forest reserve (PFR) and is outside the central forest
spine (CFS) area, said Menteri Besar Saarani Mohamad.
He said the site involves land owned by the state’s Agricultural Development Corporation.
“So, any party, especially the non-governmental organisations that
claim the area involved is under PFR, I suggest that they check with the
state Forestry Department and the Land and Mines Office.
“I have personally checked with the departments concerned and it has
been proven that the area is not under the PFR or CFS,” he told a press
conference after launching the 2030 Perak Sejahtera Plan in Ipoh today.
Yesterday, Sahabat Alam Malaysia urged the Perak government to review
the implementation of the lanthanide rare earth mining project in Hulu
Perak, claiming that the project is located in the ecological corridor
that connects the Kenderong Forest Reserve and the Bintang Hijau Forest
Reserve, which is a wildlife habitat. – Bernama, June 15, 2022..Malaysian Insight
The toxic risks of mining rare earths
The Malaysian experience and its toxic legacy is a sobering reminder and Kedah should learn from it.
We refer to the
announcement by the Kedah menteri besar (MB) last week that the state
intends to mine for a rare earth element (REE) which could be worth RM62
billion.
REEs are extracted from ores and minerals as they are not often found
concentrated in mineable deposits. REEs are almost always found in
conjunction with significant radioactivity as these ores and minerals
naturally contain uranium and thorium.
There are 17 rare earth elements existing namely scandium, yttrium,
lanthanum, cerium, praseodymium, neodymium, promethium, samarium,
europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium,
ytterbium and lutetium. Can the MB let us know which type of
non-radioactive rare earth is found in Kedah?
Rare earth mining and processing is a much more
environmentally hazardous process than other mining activities since
radioactive waste is formed. It has serious environmental impacts if not
properly managed. Low-level radioactive tailings from the presence of
thorium and uranium in REEs ores are a potential hazard and improper
handling of these substances can result in enormous environmental and
health damage. Both thorium and uranium remain radioactive for hundreds
of years and exposure to them has been linked to increased risks of
lung, pancreatic and other cancers.
The mining of REEs has caused the contamination of soil and water:
radioactive waste can leach out into aquatic environments and be
absorbed by aquatic vegetation which can then bioaccumulate and
potentially enter the human food chain if livestock or humans choose to
eat the vegetation.
Exposure to radioactive waste can lead to cancer, respiratory issues,
dental loss and even death. The group most at risk are children as
radioactive waste can impact the neurological development of children,
affecting their IQ and potentially causing memory loss.
Nowhere is the industry’s ecological and human fallout more stark
than in China which accounts for more than 80% of the world’s REEs
output. In Jiangzxi province, rare earth mining has led to extensive
water and soil pollution while concrete leaching ponds and plastic lined
waste water pools dot the hills.
As clean up of these polluted sites begins, China’s Ministry of
Industry and Information Technology estimated the cleanup bill could
amount to 38 billion yuan (US$5 billion). According to Chinese
authorities it will take 50 to 100 years before the environment can
fully recover, and the cost borne by the locals has been high.
In Jiangxi province, two methods were used to extract the rare
earths. The first method involved removing layers of topsoil and
transporting them to a leaching pond, where acids and chemicals were
used to separate the various REEs from clay, soil and rock.
The second process involved drilling holes (which the MB of Kedah
vaguely alluded to) into hills inserting PVC pipes and rubber hoses, and
then flushing out the earth using a mix of water and chemicals. This
mix was then directly pumped or transported to the leaching pond for
further separation of REEs.
Chinese officials have said that mining has dumped
excessive amounts of ammonia and nitrogen compounds into the region’s
groundwater. Other pollutants like cadmium and lead are released during
the mining process and long term exposure to these metals pose health
risks as well.
Rare earth mining has led to radioactive material clinging to the
elements in some areas according to a researcher who studied the
environmental and health impacts. The end result he says could be
central nervous system cancers like bone cancer, skin cancer and
cardiovascular and respiratory disorders.
Nearer home at the rare earth refinery at Bukit Merah in Perak, CAP
documented birth defects and leukemia cases within five years in the
community. Doctors say thorium contamination from the plant had led to
the increase in cancer. The company, Asian Rare Earth, had also sold
calcium phosphate, a by-product of rare earth processing as fertiliser
which according to a former Bukit Merah resident the cows that ate the
grass (grown with fertiliser) all died.
The factory operated by Mitsubishi Chemical closed in 1992 amid
strong opposition from local residents, environmentalists and Japanese
politicians. The company was involved in a US$100 million clean-up which
entailed the removal of more than 80,000 steel barrels of radioactive
wastes to a hilltop repository. The US Environment Protection Agency
lists Bukit Merah one of Asia’s largest radioactive waste cleanup sites.
It looks like history is about to repeat itself with the Lynas
Advanced Materials Plant (LAMP) rare earth refinery, which is set to
become the world’s largest processing facility of rare earths. Lynas’s
operations, a complex project involving radiation hazards was fast
tracked for approval without a permanent disposal facility in place.
Since it started in 2012, it has accumulated waste, namely the water
leached purification (WLP) residue which is radioactive totalling
451,564 metric tonnes, and neutralisation underflow (NUF) waste which
has been classified as scheduled waste, amounting to 1.2 million metric
tonnes as of February 2018. Currently, the massive mounds of waste are
openly accumulating within Lynas’ factory site. The NUF storage capacity
reached its limit in June 2018 and a secure landfill is nowhere in
sight. To date the public has no knowledge of the planned permanent
disposal facility.
In 2018 the executive committee report (ECR) on Lynas noted that “the
main cause of sediment pollution in Sg Balok was from the LAMP
operations”. Citing the radiological impact assessment report (2016), it
states “there is a statistically significant increase in U 238
radioactivity from the stream sediments at the location of LAMP effluent
dumps as compared to the downstream location”.
This means that radioactive materials such as uranium-238 are able to
settle from water and accumulate in sediments at the bottom of the
river. Bottom feeders are able to collect these radioactive materials
from river water and sediment. The ECR also found “non compliance with
some heavy metals (nickel lead, chromium and mercury) in ground water
particularly alarming”.
In light of the above health and environmental hazards and problems
associated with rare earth mining, namely radioactive waste, heavy
metals contamination, waste disposal and storage, and lifetimes, the MB
must realise that these issues and problems will have to be borne by the
state and the people of Kedah. It will bring about irreversible damage
to the environment, destruction of forests, devastation of watersheds,
scarred desert-like landscapes, poisoned soil and water, and a public
health crisis. The financial, social and ecological costs will be
astronomical. The Malaysian experience and its toxic legacy is a
sobering reminder and Kedah should learn from it.
Does the Kedah Department of Environment have the
capacity to monitor and evaluate REEs mining and processing, supervise
the decommissioning and approval of suitable land for the permanent
disposal facility and disposal of toxic waste, among others?
Given the dangers highlighted above, CAP urges the state and federal
governments to declare a moratorium on any mining, production and
refining of REEs, their waste disposal and storage.
Mohideen Abdul Kader is president of the Consumers’ Association of Penang. - Malaysia Now, 8/12/2020
ABOUT 19 groups have issued a joint statement calling for the
immediate end of harassment of the Malaysian Bar and lawyers by the
police in the wake of police action to prevent about 500 lawyers from
exercising their right to peaceful assembly in the “Walk for Judicial independence” last Friday (June 17).
The lawyers earlier had gathered at the Padang Merbok car park to
walk to the Parliament about 1km away to hand over a memorandum to the
Prime Minister but were prevented by the police from doing so.
The 19 groups include Aliran Kesedaran Negara (ALIRAN), the
Malaysians against Death Penalty and Torture (MADPET), Sisters in Islam,
Tenaganita, Teoh Beng Hock Trust for Democracy, Citizen Action Group on
Enforced Disappearance (CAGED) and Centre for Human Rights Research
& Advocacy (CENTHRA).
The joint statement also called for the relevant police officers,
Inspector-General of Police, the minister in charge and/or the
Government to issue a public apology to the Malaysian Bar and lawyers
for their actions that frustrated the exercise of the lawyers’ rights of
peaceful assembly.
Above all else, the joint statement stressed that Malaysia must
defend and promote the right of peaceful assembly which must also
include human rights education to the police and other law enforcement
bodies.
The joint statement further noted that the Malaysian Bar has
submitted the required notification to the police on June 7 which was
more than five days before the intended march.
According to law, the police must inform the organiser of any
restrictions or conditions within three days from the receipt of
notification but there was none in this case within the stipulated time.
Instead, on the eve of the intended march (June 16), the police
suddenly “denied permission” for the lawyers to march to the Parliament
by only allowing them to assemble at the meeting point in Padang Merbok.
“It would have been most frustrating, for the hundreds of lawyer,
some of who travelled hundreds of kilometres to march to Parliament to
find themselves confined to a car park far away from the public eye,”
noted the joint statement.
Section 14 (1) of the Peaceful Assembly Act 2012 states that “… the
Officer in Charge of the Police District shall respond to the
notification under subsection 9(1) within three days of the receipt of
the notification and shall, in response, inform the organiser of the
restrictions and conditions imposed under section 15, if any …”
Meanwhile, Section 14(2) clearly outlines that “If the officer in
charge of the police district does not respond to the notification in
accordance with subsection (1), the assembly shall proceed as proposed
in the notification.”
Malaysian
Bar chairman Karen Cheah hands over a memorandum of protest to deputy
de facto Law Minister Datuk Wira Mas Ermieyanti Shamsudin
The march to Parliament was pursuant to a resolution adopted at the
Malaysian Bar extraordinary general meeting (EGM) held on May 27.
It came in light of the Malaysian Anti-Corruption Commission (MACC)
investigation on SRC International Sdn Bhd trial judge Justice Datuk
Mohd Nazlan Mohd Ghazali, who had earlier this year been elevated to the
Court of Appeal.
At the High Court, Justice Mohd Nazlan had found former prime
minister Datuk Seri Najib Razak guilty on all seven counts in relation
to abuse of power, criminal breach of trust and money laundering of SRC
funds, of which the Pekan MP was sentenced to 12 years jail and fined
RM210 mil. – June 20, 2022, Focus Malaysia
# Now 20 groups with the National Union of Transport
Equipment & Allied Industries Workers (NUTEAW), Malaysia
Media Statement – 20/6/2022
Stop
Harassment of the Malaysian Bar and Lawyers – Respect Right to Peaceful
Assembly
We, the 19
undersigned groups and organizations are appalled by the police actions
preventing about 500 lawyers of the Malaysian Bar from exercising their right
to peaceful assembly in the "Walk for Judicial independence" on
17/6/2022, whereby the lawyers who had gathered at Padang Merbok car park to
walk to Parliament, about a kilometer away, to hand over a Memorandum to the
Prime Minister were wrongly prevented from doing so.
This was despite the fact that the
representative of the Prime Minister had apparently made arrangement for the
receipt of the protest note in Parliament. Later, the Deputy Law Minister Mas
Ermieyati Samsudin, on behalf of the Prime Minister, had to go to the meeting
point to accept the memorandum from the Bar President.
It was reported that ‘…police
personnel formed a human chain to disallow some lawyers from attempting to
leave the area…A police light strike force unit was also called in to provide
further security after several lawyers attempted to leave the area but were
denied.’(Star, 18/6/2022)
Police harassment continuing
It is a wrong misconception that
the police is the ‘permission giver’ before one can freely exercise one’s right
to peaceful assembly. ‘The task of the police is to facilitate and not frustrate
the exercise of that right’ is a position taken by the courts and also the Bar.
The harassment against the
Malaysian Bar and the lawyers continues when Dang Wangi OCPD ACP Noor Dellhan
Yahaya said today the police will call up all participants of the "Walk
for Judicial independence" march by the Malaysian Bar to give their
statements, despite blocking the walk from occurring. (Malay Mail, 17/6/2022).
Dang Wangi OCPD Asst Comm Noor
Dellhan Yahaya confirmed the matter when contacted Saturday (June 18). “They
will be called to give their statements next week. All participants that were
present will be called," he said. [Star, 18/6/2022]"
Such conduct of State and State
agents, is contrary to justice and human rights, and may deter future exercise
of peoples’ right to peaceful assembly in Malaysia.
Malaysian Bar’s right denied
despite following the law
The Malaysian Bar sent the
required notification to the police on 7/6/2022, more than 5 days before the intended
march. According to law, within 3 days from the receipt of notification, the
police must inform the organizer of any restrictions or conditions, and there
was none in this case within the stipulated time.
On about 16/6/2022, a day before
the intended march, the police suddenly ‘denied permission’ for the lawyers to
march to Parliament, and allowed them to just assemble at the meeting point in
Padang Merbok. It would have been most frustrating, for the hundreds of lawyer,
some of who travelled hundreds of kilometers to march to Parliament to find
themselves confined to a car park far away from the public eye.
The Bar rightfully took the
position in accordance to law, that ‘…the assembly shall proceed as proposed in
the notification…’ – the lawyers will gather and march to Parliament.
Section 14 (1) of the Peaceful
Assembly Act 2012 states that, ‘…The Officer in Charge of the Police District
shall respond to the notification under subsection 9(1) within three days of
the receipt of the notification and shall, in the response, inform the
organizer of the restrictions and conditions imposed under section 15, if any…’
Section 14(2) clearly says that ‘If the Officer in Charge of the Police
District does not respond to the notification in accordance with subsection
(1), the assembly shall proceed as proposed in the notification. “
Therefore, it is clear that the
police had violated the law, and the right to peaceful assembly of the lawyers,
when they prevented the Bar from marching to Parliament on 17/6/2022.
Judges are not above the law - "Walk
for Judicial independence"
The march to Parliament was
pursuant to a Resolution adopted at the Malaysian Bar Extraordinary General
Meeting held on 27/5/2022.
The Malaysian Bar, while taking
the position that Superior Court judges ‘…are not above the law and must be
made accountable for crimes they commit, and that law enforcement agencies must
be allowed to carry out their respective tasks in accordance with the law and
the Federal Constitution…’, but how such investigations are carried out
matters. The Bar, for example,condemned
‘…the unprecedented manner in which the Malaysian Anti-Corruption Commission
(“MACC”) has publicly announced the commencement of criminal investigation of a
Superior Court Judge, and disclosed the name of the judge to the public, for an
indefinite period and without proper closure, which is tantamount to an act of
intimidation against the Judiciary…’.
There, we call for
a)The immediate end of harassment of the Malaysian
Bar and lawyers by the police. Police must discontinue plans of calling for
investigation all organizers and participants of "Walk for Judicial
independence";
b)The relevant police officers, Inspector General
of Police, the Minister in charge and/or the Government to forthwith tender a
public apology to the Malaysian Bar and lawyers for their actions/omissions
that frustrated the exercise of the lawyers’ right of peaceful assembly; and
c)Malaysia to defend and promote the right of
peaceful assembly, which must also include human rights education to police and
other law enforcement bodies.
Charles
Hector
Adrian
Pereira
For
and on behalf of the following 19 groups
ALIRAN
MADPET (Malaysians Against Death
Penalty and Torture)
North South Initiative
Building and Wood Workers
International (BWI) Asia Pacific Region
Black Women for Wages for
Housework
Centre for Human Rights Research & Advocacy (CENTHRA)
Citizen Action Group on Enforced Disappearance (CAGED)
PETALING JAYA:
The Malaysian Bar’s negotiations with the police for lawyers to march
from Padang Merbok to the Parliament building for its “Walk for judicial
independence” reportedly failed, FMT reports.
According
to the report, the police allowed only 20 lawyers to march to the
Parliament building to hand over a memorandum, but the Bar did not agree
with this.
The
lawyers tried to go ahead with the march but failed to break through
the police human barricade formed at both ends of the Padang Merbok car
park.
About 500 lawyers had gathered for the march, but they were held back by the strong police presence.
Among those present were former attorney-general Tan Sri Tommy Thomas and politicians from parties like DAP, PKR and Muda. - Sun Daily, 17/6/2022
The Malaysian Bar was also unhappy with the manner MACC conducted its investigation ... that is all.
The Bar was also of the position that NO ONE is above the law - and that includes all Superior Court Judges
It is positive for the Prime Minister to quickly take a stance on this issue, following the receipt of memorandum following the police prevented "Walk for Judicial independence" on 17/6/2022, when the lawyers were not allowed to march to Parliament..
PM: Not wrong to probe judges but it should not be publicised
Prime Minister
Ismail Sabri Yaakob said there is nothing wrong with judges being
investigated on allegations of misconduct or wrongdoings but the matter
should not be publicised.
Ismail Sabri said no one is above the
law and enforcement agencies like the MACC and the police were free to
investigate if they suspected a criminal offence had been committed.
However, to preserve respect for the judicial institution, investigations against judges should not be publicised, he said.
"There is no need for them (enforcement agencies) to announce who is involved… telling the media about the investigation.
"I
do not see anything wrong about investigating judges implicated in
criminal wrongdoings. We are not saying a crime has been committed, as
it is only at the investigation stage.
“But there is no need to
publicise it and reveal to the media the names of those under probe.
Maybe that is what is being questioned,” he said, without naming the
individuals or agencies involved.
He said this when asked about
the Malaysian Bar’s “Walk for Judicial Independence” assembly held at
Padang Merbok in Kuala Lumpur on Friday.
Ismail Sabri said the Bar’s action might be in response to the way the agency concerned was conducting its investigation.
Prime Minister Ismail Sabri Yaakob
Separation of powers
Ismail
Sabri, the Bera MP, was speaking at a media conference after attending a
meet-and-greet session with workers of the Bera Parliamentary
Constituency Jalinan Rakyat at Kompleks Rakan Muda Bera today.
He
reiterated that the government subscribes to the principle of separation
of powers, with the judiciary given the freedom to conduct trials and
make rulings without interference from any parties.
Meanwhile,
when asked about the proposed Political Funding Bill, he said the Prime
Minister’s Department (Parliament and Law, and Attorney-General’s
Chambers) had been directed to make comprehensive studies for it to be
tabled to the cabinet before being taken to Parliament.
Asked on
today’s programme, Ismail Sabri, who is Umno vice-president, reminded
the BN machinery to start preparing for the 15th general election and
not wait until the last minute.
"We need to be prepared because
GE15 has to be held one year from now at the latest and that is not a
long time. That is if it is held in July (next year) but it can also be
called earlier,” he added.
Ismail Sabri expressed satisfaction with the cooperation shown by component parties involved in the BN machinery.
Malaysia's extraordinary Bar and Lawyers, who have repeatedly demonstrated a strong commitment to upholding the cause of justice and human rights have once again exercised the right to peaceful assembly which saw about 500 lawyers coming out to protect this time the independence of the Judiciary.
An estimated 500-strong crowd of lawyers had gathered at Padang
Merbok this morning for a march to Parliament and to submit a memorandum
to the government to uphold judicial independence.
Normally, the lawyers will march to the gates of Parliament, and thereafter a smaller delegation may enter and handover memorandum...but this time, the POLICE prevented the lawyers moving from the gathering point towards parliament...
The Bar was not saying that judges alleged of crimes ought not be investigated by the relevant law enforcement bodies, but were critical of manner in which the Malaysian Anti-Corruption Commissions(MACC) acted - there was no need for MACC to publicly announce the investigation against the said judge, etc >
(5) Whereas on 23 April 2022, the Chief Commissioner of the Malaysian
Anti-Corruption Commission (“MACC”), Tan Sri Azam Baki, openly
announced that the MACC has commenced an investigation into a Court of
Appeal Judge, and named Justice Dato’ Mohd Nazlan bin Mohd Ghazali
(“Justice Dato’ Nazlan”) publicly, over an allegation of unexplained
monies in his bank account.
(6) Whereas on 25 April 2022, the
President of the Malaysian Bar issued a press release entitled “The
Malaysian Bar Stands With and Supports Malaysian Judges Who Are
Independent and With Integrity — Respect and Uphold the Integrity of the
Judiciary as an Integral Institution in the Administration of Justice”.
(7)
Whereas on 28 April 2022, the MACC issued a press release entitled “The
MACC Is Empowered to Investigate Officers of Public Body”, taking the
position that it can investigate Justice Dato’ Nazlan based on section 3
of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”).4
(8) Recognising that Judges
of the High Court, Court of Appeal, and Federal Court (“Superior Court
Judges”) are not above the law and must be made accountable for crimes
they commit, and that law enforcement agencies must be allowed to carry
out their respective tasks in accordance with the law and the Federal
Constitution.
(9) Recognising that any investigation of Superior Court Judges by law enforcement agencies must be done in a manner that does not erode judicial independence, and public confidence in the Judiciary and its independence.
(10)
Recognising that any complaint against Superior Court Judges and its
investigation by law enforcement agencies under the purview of the
Executive, if given undue and unwarranted publicity,
will have a far-reaching impact on Superior Court Judges and the
independence of the Judiciary, and the public confidence reposited in
the Judiciary.
(11)
Recognising that the Judiciary as an institution, and the Superior Court
Judges carrying out their judicial duties, must be protected from
intimidation, harassment and frivolous investigation, particularly in
cases that go against the Executive, considering that the Executive
forms a large category of litigants in a position to misuse its powers
against Superior Court Judges.
(12)
Recognising that the undue and unwarranted manner in which the MACC
publicly announced an investigation and named the judge, has the effect
of undermining public confidence in the Judiciary, and is clearly an
attack on the independence of the Judiciary.
(13) Recognising that the Judiciary cannot step into the public arena to defend itself.
(14)
Recognising that the Malaysian Bar plays a crucial and complementary
role to the Judiciary in the administration of justice and must support
the independence of the Judiciary, which is essential to our democratic
system, rule of law, our legal profession, and the nation.
It is hereby resolved that:
(1) The Malaysian Bar condemn,
in the strongest possible terms, the unprecedented manner in which the
Malaysian Anti-Corruption Commission (“MACC”) has publicly announced the
commencement of criminal investigation of a Superior Court Judge, and
disclosed the name of the judge to the public, for an indefinite period
and without proper closure, which is tantamount to an act of
intimidation against the Judiciary;
It was shocking when the police, at the eleventh hour, prevented the lawyers to walk to Parliament to hand over the protest note to the Prime Minister... The lawyers hence were prevented from moving from the gathering point at Padang Merbok car park to the Parliament...WHY? WHY?
Once again, the lackings of the right Freedom of Peaceful Assembly in Malaysia comes to light...
How can the POLICE be allowed to exercise so much control over the exercise of this basic human right...and, of course, lawyers will be well behaved. Sad we are remembering how the 'alternative' PH Plus, who had the opportunity failed to restore the right of peaceful assembly to Malaysians...
This right is a basic human right - and police's power in controlling the full exercise of this right must be abolished. We are not a POLICE STATE - police should really be protecting citizens exercise of this right >>> not violating our right to peaceful assembly...
Cops stop lawyers from marching to Parliament
Noel Achariam
Updated 10 hours ago ·
Published on 17 Jun 2022 11:02AM ·
0
Police forming a barrier
preventing some 300 lawyers from marching to Parliament from Padang
Merbok. – The Malaysian Insight pic by Nazir Sufari, June 17, 2022.
POLICE
stopped some 300 lawyers from marching to Parliament from Padang Merbok
to present a memorandum to Prime Minister Ismail Sabri Yaakob on
upholding the independence of the courts.
The lawyers gathered as early as 9am for the Walk For Judicial
Independence, with several carrying placards that read “Jom Jalan
Judicial Independence”, “Walk the talk, Judicial Independence” and
others.
However, before they could begin, police stepped in.
Earlier, former Malaysian Bar president Ambiga Sreenevasan said the
judiciary must be free and allowed to do its duty to uphold its
independence.
“It’s very simple. We don’t want anyone to weaken the judiciary.
“We want to send a message. We can see that people are trying to
undermine the judiciary. Stop it. We are not going to keep quiet.”
She said the walk is legal as the Bar had sent out the notices and police were informed.
“Freedom of assembly is a constitutional right,” Ambiga added.
Members of the Federal Reserve Unit on standby during the Walk For Judicial Independence today. – The Malaysian Insight pic by Nazir Sufari, June 17, 2022.
Commonwealth Lawyers Association (Australasia) vice-president Steven
Thiru said they take the independence of judiciary very seriously.
“We received representation from the Malaysian Bar on what is happening here.
“The independence of the judiciary is something that can never be compromised in a country that believes in the rule of law.”
Thiru said the association has expressed its support and solidarity with the Bar.
“They (Malaysian Bar) are not standing alone, they are supported by the international community.”
The
Malaysian Bar insists that today’s Walk For Judicial Independence is
legal as it had sent out notices and informed police. – The Malaysian
Insight pic by Nazir Sufari, June 17, 2022.
Chief Justice Tengku Maimun Tuan Mat in April said criticism towards judges and the judiciary has gone overboard.
While judges are open to criticism, especially concerning high profile cases, the recent attacks are too much, she added.
“The judiciary has been dealing with high profile and public interest cases of late.
“It is normal for judges to receive criticism from parties who are unhappy with the decisions of the courts.
“However, the criticism levelled at judges and the judiciary, in my opinion, has gone overboard.”
The Malaysian Anti-Corruption Commission opened an investigation into
Court of Appeal judge Mohd Nazlan Mohd Ghazali over alleged unexplained
money in his bank account.
Nazlan was the judge who convicted former prime minister Najib Razak
over the misappropriation of RM42 million of SRC International Sdn Bhd
funds.
The Malaysia Today blog claimed that the judge is being investigated
for an “unexplained” RM1 million in his bank account. – June 17, 2022, Malaysian Insight
Bar slams cops after ‘Walk for judicial independence’ thwarted
Karen
Cheah said the Bar would look to level charges of breach of statutory
duty and failure to uphold the Peaceful Assembly Act 2012 against the
police.
KUALA LUMPUR: The Malaysian Bar has condemned the police for
preventing its “Walk for judicial independence” after officers
barricaded its members at Padang Merbok.
Bar president Karen Cheah said the Bar would look to level charges of
breach of statutory duty and failure to uphold the Peaceful Assembly
Act 2012 against the police.
“We, the Bar, are not afraid to take action if there is a need to,” she said. “We will definitely take this to court.”
Cheah said they had followed the appropriate procedures and submitted
the relevant documents to the authorities in the lead-up to the walk,
adding that the police had no valid reason to prevent it.
“Police failed to ensure we were able to exercise our constitutional
right to peacefully assemble as stated in the Federal Constitution.
“This was a form of abuse of power as instead of facilitating our
walk, they went out of their way to intimidate us,” she said at a press
conference after this morning’s gathering.
Cheah said the Bar would conduct a “fact-finding” mission, gathering
photographs and videos from the gathering as evidence of police
transgression.
An estimated 500-strong crowd of lawyers had gathered at Padang
Merbok this morning for a march to Parliament and to submit a memorandum
to the government to uphold judicial independence.
The Bar’s walk was organised to voice its dissatisfaction over
alleged intimidation towards the judiciary, particularly over the
Malaysian Anti-Corruption Commission’s investigation into Court of
Appeal judge Nazlan Mohd Ghazali.
Malaysian Bar members negotiated with the police at the scene but the
talks broke down after the authorities said only 20 lawyers were
allowed to march to the Parliament building, which the Bar rejected.
The lawyers tried to go ahead with the march but failed to break
through the police barricade formed at both ends of the Padang Merbok
car park.
Deputy law minister Mas Ermieyati Samsudin later arrived at the
scene, accepting the memorandum from Cheah. She said she would hand it
over to Prime Minister Ismail Sabri Yaakob and law minister Wan Junaidi
Tuanku Jaafar. - FMT, 17/6/2022
