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...
NGO gesa prosiding penjelasan isu DNAA Zahid disiar langsung
Dikemas kini 3 hari yang lalu ·
Diterbitkan pada 2 Oct 2023 10:28AM
Kumpulan hak asasi Madpet
berkata prosiding PSSC mesti disiarkan langsung bermula dengan isu DNAA
Ahmad Zahid Hamidi daripada 47 pertuduhan pecah amanah, rasuah dan
pengubahan wang haram dana Yayasan Akalbudi yang diasaskan timbalan
perdana menteri itu. – Gambar fail The Malaysian Insight, 2 Oktober,
2023.
PROSIDING
Jawatankuasa Pilihan Khas Parlimen mengenai Hak Asasi Manusia, Pilihan
Raya dan Reformasi Institusi (PSSC) hendaklah disiarkan secara langsung,
gesa sebuah kumpulan hak asasi.
Rakyat Malaysia Menentang Hukuman Mati dan Penyeksaan (Madpet)
berkata ia boleh dimulakan dengan prosiding bagi mendapatkan penjelasan
peguam negara berhubung keputusan melepas tanpa membebaskan (DNAA) Ahmad
Zahid Hamidi daripada 47 pertuduhan pecah amanah, rasuah dan pengubahan
wang haram dana Yayasan Akalbudi yang diasaskan timbalan perdana
menteri itu.
Jurucakap Madpet Charles Hector dalam satu kenyataan hari ini berkata
ini penting untuk orang ramai tahu apa yang sebenarnya berlaku,
terutamanya apa yang dikatakan oleh individu yang dipanggil untuk
memberi keterangan dalam prosiding tersebut.
“Orang ramai ingin mengetahui dan memantau ahli Parlimen mereka yang
terlibat, dan bagaimana kelakuan wakil rakyat mereka dalam prosiding dan
bagaimana keputusan dibuat.
“Mereka mahu dengar semuanya, bukan hanya kesimpulan akhir,” katanya.
Charles mengulas laporan Sin Chew Daily bahawa prosiding bagi membincangkan isu DNAA Zahid dibuat secara tertutup.
Pengerusi PSSC William Leong dipetik akhbar itu sebagai berkata
jawatankuasa itu mematuhi Peraturan Mesyuarat Parlimen yang tidak
membenarkan prosiding secara langsung.
Mengulas perkara itu Hector berkata kerajaan boleh meminda Perintah
Tetap Parlimen untuk membenarkan prosding secara langsung bagi menjamin
ketelusan Parlimen dan jawatankuasa-jawatankuasa khas Parlimen.
“Laporan semata-mata tidak mencukupi kerana ia tidak menjelaskan
secara menyeluruh berkenaa, soalan, jawapan, atau undian yang dibuat,”
katanya.
Beliau selain itu berkata PSSC sepatutnya memanggil juga bekas
timbalan pendakwa raya Raja Rozela Raja Toran bagi mendapatkan
penjelasan terhadap isu DNAA Zahid. – 2 Oktober, 2023, Malaysian Insight,
Group calls for live telecast of Zahid’s select committee hearing
Alfian Z.M. Tahir
Updated 3 days ago ·
Published on 2 Oct 2023 10:20AM
Madpet wants the government
to air the proceedings of Parliamentary Special Select Committee on
Human Rights, Elections and Institutional Reform live, starting with the
panel’s coming investigation into Attorney-General Chambers’ decision
to withdraw 47 charges against Deputy Prime Minister Ahmad Zahid Hamidi
in the Yayasan Akalbudi case. – The Malaysian Insight file pic, October
2, 2023.
A
HUMAN rights group has urged the government to air the proceedings of
Parliamentary Special Select Committee on Human Rights, Elections and
Institutional Reform (PSSC) live.
Malaysians Against Death Penalty and Torture said this can start with
the select committee’s coming investigation into Attorney-General
Chambers’ decision to withdraw 47 charges against Deputy Prime Minister
Ahmad Zahid Hamidi in the Yayasan Akalbudi case.
Its spokesman Charles Hector said the committee and MPs must not fear transparency.
“MPs and parliamentary committees must not fear this transparency,
and it is important for the public to hear what transpires, especially
what is said by the persons summoned to testify.
“The public wants to know and monitor their MPs who are involved, and
how the representatives conduct themselves in such committee
proceedings and decision making.
“They want to hear it all, not simply the final conclusions,” said Hector in a statement.
Previously, Sin Chew Daily reported that the proceedings involving Zahid’s discharge will not be aired live.
PSSC chairman William Leong said this was due to parliamentary standing orders, which prevented such a practice.
Hector said the government could easily amend the parliamentary
standing orders to allow live telecast of hearings to ensure parliament
and its various committees are more transparent.
“A mere report alone is insufficient as it will not comprehensively
raise all the points, questions and answers made, or even the votes
cast.
“We will only get the majority report, not the minority one. A report
also will be hearsay and an interpretation of what transpired by the
drafters of the report.
“What transpires in select committees is not an ‘official secret’,
and since the committee is made up of MPs, elected by the people, there
really is no justification for it being secret,” Hector said.
Hector added that the PSSC should also be calling former deputy public prosecutor Raja Rozela Raja Toran in its investigations.
He said Zahid’s issue before the committee was a matter of great
public interest with implication of possible government interference or
public prosecutor wrongdoing.
“It has been reported that the committee will be calling the current
and immediate past attorney-generals/public prosecutors. This takes into
account the public prosecutor does not actively prosecute in most
criminal trials, whereby this is done by deputy public prosecutors.
“As such, the committee must also call Raja Rozela, the lead deputy
public prosecutor, who mysteriously stepped down in August, and other
DPPs in the prosecution team in Zahid’s corruption trial who
successfully managed to prove a prima facie case to the satisfaction of
the trial judge, who then called Zahid to enter his defence.”
Last month, Leong told the Dewan Rakyat the PSSC will summon the
attorney-general and his predecessor to explain the decision to withdraw
corruption charges against Zahid.
Leong also added that a full report would be tabled to the House. – October 2, 2023.
Will Mahathir Get A Fair Trial
Against Prime Minister Anwar Ibrahim When It Is Before A Judicial Commissioner,
and not a Judge? Time to Abolish Judicial Commissioners.
Judicial Commissioners do not have Security of Tenure until retirement,
a much-needed safeguard for Independence of Judges, and who will only become
Judges when the Prime Minister decides so
MADPET(Malaysians Against Death Penalty and
Torture) is concerned about the independence of Judicial Commissioners, as
they, unlike Judges, do not have the security of tenure, and ultimately if and
when they are appointed as Judges, they ‘shall
be appointed by the Yang di-Pertuan Agong, acting
on the advice of the Prime Minister’ – which means King shall appoint
as advised by the Prime Minister. There is an obligation of consultation by the
Prime Minister of different parties depending on position of judges, but then
there is no obligation on the Prime Minister to follow the views of others,
even the recommendation of the Judicial Appointments Commission.
Recently, it was reported that ‘Former prime
minister Tun Dr Mahathir Mohamad today failed to get the High Court’s
permission to obtain certain documents that purportedly support his RM150
million defamation lawsuit against incumbent Prime Minister Datuk Seri Anwar
Ibrahim.’ (Malay Mail, 4/10/2023).
The judge in that case was ‘Judicial
Commissioner Zaharah Hussain’.
Given that Anwar Ibrahim is the present Prime
Minister, would any Judicial Commissioner not worry about offending him and/or at
risk not being appointed a Judge or having their generally 2 year contract as
Judicial Commissioner extended?
Zaharah Hussain herself may be a good Judge, not
affected by any such consideration, and may perform her functions as a ‘judge’
without fear or favour, but the concern is public perception of the independence
of these Judicial Commissioners. The concern is about the fairness of such
trial, when one of the parties is Anwar Ibrahim, who is the current Prime
Minister.
Judicial Commissioners came into
being after June 1994
Rather than amending the Federal Constitution,
to increase the number of judges of the High Court, the Federal Constitution
was amended in June 1994 to introduce Judicial Commissioners who according to
Article 122AB(1) states, amongst others, that ‘…the Yang di-Pertuan Agong acting on the advice of the Prime
Minister, after consulting the Chief Justice of the Federal Court, may
by order appoint to be judicial commissioner for such period or such purposes as may be specified in the
order any person qualified for appointment as a judge of a High Court; and the
person so appointed shall have power to perform such functions of a judge of
the High Court…’.
What should have been done was to simply increase
the number of Judges, so that all Judges, after appointment by the King, will
enjoy the safeguards to protect the independence of judges, especially the
security of tenure right up to retirement age of 66.
Now, persons qualified to be Judges, are appointed
generally as Judicial Commissioners for a term of 2 years, and this contract
can be extended from time to time.
The late Raja Aziz Addruse, a prominent lawyer
and former Malaysian Bar President, in his article ‘Judicial Appointments : Who
has the Last Say’, said‘…Given that he
is a judge ‘on trial’ during his ‘probation’ period, and without any security
of tenure, the ability of a judicial commissioner to be independent and not to be
influenced by personal consideration in making judicial decisions, is
questionable…’ ‘.
Judges should be appointed directly, without
having to go through any ‘probation’ or ‘trial period’ as Judicial
Commissioners, and on appointment, Judges must immediately enjoy security of
tenure, where the end date must be their fixed retirement age. Some Judicial
Commissioners may become Judges fast even before 2 years have lapsed, others much
later and some may even never get appointed.
It must be pointed out also be pointed out that
“…At least five Judicial Commissioners (JCs) were not elevated to High Court
Judges over the last five years because they failed to meet the criteria of the
Judicial Appointments Commission (JAC).Chief Justice Arifin Zakaria, who is
also JAC chairman, declined to offer more specific reasons why the judges on
probation failed to make High Court judge….Arifin said the JAC met once a month
to evaluate the JCs who were on
probation for two years.’ (FMT News, 27/3/2017).
It is best that the Judicial Appointments
Commission makes a thorough evaluation of persons to be appointed, before the
appointment. Judges or Judicial Commissioners should never be treated as a
fresh employee by forcing them to go through ‘probation’ – they should be directly
appointed as Judges.
Prime Ministers Role in
Appointment/Elevation of Judges Must Be Removed
Pursuant to the Judicial Appointments
Commission Act 2009 (Act 695), the Commission submits recommendations to the
Prime Minister, who may follow the recommendations or not.
A task force in October 2022, alleged that 4
individuals appointed to the top judicial posts in July 2018 differed from
those selected by the Judicial Appointment Commission (JAC).
On 17/1/2023, there were judicial appointments,
including 6 Court of Appeal Judges and 11 High Court Judges, but the question
that remains unanswered was did Prime Minister Anwar Ibrahim follow the
recommendations of the Judicial Appointments Commission or not. In June 2023, 2
Court of Appeal Judges were appointed.
Given the role of the Prime Minister in the
appointment of Judicial Commissioners and Judges, would the possibility of ‘worry
about appointment and elevation’ affect Judicial Commissioners when it comes to
cases involving the Prime Minister, Minister and government impact the
independence of judges, more so Judicial Commissioners. Judges may also be
affected, but so much lesser that Judicial Commissioners as they have security of
tenure until retirement.
Chief Justice Tengku Maimun Tuan Mat, on behalf
of the judiciary has proposed that provisions in the Federal Constitution be
amended to remove executive
involvement in the appointment of judges.(FMT, 9/1/2023). In November
2022, the Conference of Rulers today proposed the removal of the prime minister's power to appoint five
representatives to the nine-member Judicial Appointments Commission (JAC),
the body which proposes candidates to be made judges in the superior courts.(Malaysia
Now, 30/11/2022). In 2018, the Malaysian Bar’s then president George Varughese
proposed that the government carry out reforms on the judiciary by setting up
an independent JAC under the Federal Constitution that will be tasked with
making “recommendations directly to the Yang di-Pertuan Agong”.
MADPET call for the abolition of Judicial
Commissioners, and that all current Judicial Commissioners be forthwith appointed
Judges;
MADPET states that pending abolition of
Judicial Commissioners, it is best that it is Judges, not Judicial
Commissioners, that hear cases involving the Prime Minister, government and
government linked entities/persons;
MADPET calls for the immediate amendment of the
Federal Constitutionand the Judicial Appointments Commission Act 2009, to
remove the Prime Minister from having any role in the selection, appointment
and transfer of Judges. What is best is that the King acts on the advice of the
Judicial Appointments Commission. The delay in bringing about the amendments to
the Federal Constitution and the Judicial Appointments Commission Act is
disturbing, even after the Conference of Rulers called for it last November.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
High Court dismisses Dr Mahathir’s bid for documents in RM150m defamation suit against Anwar
Mahathir had previously filed a discovery application that would compel
Anwar to show any evidence supporting the latter’s nepotism and
cronyism allegations against the 98-year-old. — Picture by Hari Anggara
By Kenneth Tee
Monday, 02 Oct 2023 1:54 PM MYT
KUALA
LUMPUR, Oct 2 — Former prime minister Tun Dr Mahathir Mohamad today
failed to get the High Court’s permission to obtain certain documents
that purportedly support his RM150 million defamation lawsuit against
incumbent Prime Minister Datuk Seri Anwar Ibrahim.
Dr Mahathir had
previously filed a discovery application that would compel Anwar to
show any evidence supporting the latter’s nepotism and cronyism
allegations against the 98-year-old.
Dr
Mahathir wanted Anwar to produce documents on an alleged bailout of
Konsortium Perkapalan Bhd (KPB) by Petronas and Malaysia International
Shipping Corporation (MISC) in 1997.
Judicial Commissioner Zaharah
Hussain ruled today that there are no direct allusions or references to
the documents requested in Anwar’s amended defence filing, contrary to
what was claimed to have happened in the past.
Lawyer Muhammad Rafique Rashid Ali, representing Dr Mahathir, confirmed with Malay Mail of today’s civil proceeding outcome when contacted this afternoon.
Rafique
explained that to the court, the alleged event — as raised in Anwar’s
amended statement of defence – was one that happened a long time ago and
there are no direct allusions or references to the documents requested
by Dr Mahathir.
Rafique said that Zaharah also ruled that Anwar
can and ought to produce the documents to support his defence during the
pre-trial case management stage.
She also ordered Dr Mahathir to pay RM2,000 in cost to Anwar, the lawyer said.
The
court in Shah Alam, Selangor has also fixed November 3 for further case
management for parties to inform of any other interlocutory
applications they had or would be filing.
Dr Mahathir filed the
RM150 million defamation suit against Anwar in May over claims that the
prime minister, during a speech made during the PKR congress in March,
said that “a leader of 22 years and 22 months” had enriched his own
family during their time in office.
On June 14, Anwar filed his statement of defence, stating he is prepared to prove the allegations’ veracity in court.
The
10th PM had cited multiple alleged bail-outs of companies linked to Dr
Mahathir’s children, as well as purported cronyism and nepotism during
the plaintiff’s first stint as Malaysia’s fourth prime minister in the
1990s.
Through his subsequent reply, Dr Mahathir countered that
Anwar is a pathological liar who has never furnished proof of the wealth
allegations.
Dr Mahathir said Anwar’s alleged defamatory
statements were intended to dent his image among members of the public
as they were viewed and heard by a wide spectrum of people.
He also wants Anwar to extend an unconditional apology and undertake not to repeat the same or similar statements in the future.
In
July, Dr Mahathir made a formal application against Anwar to show
documents to support his claims of nepotism and cronyism against the
latter. - Malay Mail, 2/10/2023
Remove executive’s role in judges’ appointment, says Chief Justice
Chief Justice Tengku Maimun Tuan Mat says there must be a meaningful engagement with all stakeholders to move forward.
Tengku
Maimun Tuan Mat says the prevailing public perception of executive
involvement in the appointment of judges must be removed.
PUTRAJAYA: The judiciary has proposed that provisions in the Federal
Constitution be amended to remove executive involvement in the
appointment of judges.
This was revealed by Chief Justice Tengku Maimun Tuan Mat,
who said the suggestion was given by the judiciary to the task force
probing former attorney-general Tommy Thomas’ book, “My Story: Justice
In The Wilderness”.
One of the suggestions was that improvements should be made to the process of appointing judges.
“We suggested that there should be an amendment to the constitution
to give effect to our proposal,” she told reporters after officiating a
ceremony to open the legal year.
Tengku Maimun said the judiciary was collectively supportive of the task force’s proposal to the government.
“That is our general stand to improve the judiciary or the Judicial
Appointments Commission (JAC). However, there must be meaningful
engagement with all stakeholders to move forward,” she said.
Article 122B (1) states that judges and all administrative position
holders shall be appointed by the Yang di-Pertuan Agong, acting on the
advice of the prime minister, after consultation with the Conference of
Rulers.
However, Section 27 of the Judicial Appointments Commission Act 2009
states that the prime minister may request for two additional names for
consideration with respect to any vacancy to the offices of the Chief
Justice, Court of Appeal President, Chief Judges of Malaya, and Sabah
and Sarawak, and on the panels of the Federal Court and the Court of
Appeal.
Tengku Maimun said any amendment to the 2009 Act would likely first require the Federal Constitution itself to be amended.
“We will not reach the objective of appointing judges
without executive involvement, if the current provision (which requires
executive consultation) remains,” she added.
She said the prevailing public perception of executive involvement in the appointment of judges must also be removed.
Tengku Maimun said she had also called for the new
government to set up an independent judicial academy to cater to the
training needs of superior court judges.
Last year the top judge announced that the government
approved 25 acres of land in Nilai, Negeri Sembilan, alongside an
existing magistrates’ court for the academy.
“In principle, the previous government had approved (the
proposal), but when the final decision was communicated to us, they said
judges should go to the judicial and legal service officers’ training
institute due to a costing issue.
“As a matter of principle, judges should not be going there. Judges are not government officers,” Tengku Maimun said.
She said judges in the past never attended any course at the institute located in Bandar Baru Bangi.
“The person who issued the statement lacked understanding of the law and procedure,” she added.
Death threats
Meanwhile, sharing a personal experience in her role as
Chief Justice, Tengku Maimun said she had been on the receiving end of
death threats when presiding over cases involving certain personalities.
“In cases involving certain personalities, the support or
criticism is extreme. People generally know that I myself have received
death threats before.
“Whether those were serious threats or not is another question, but it has reached that level,” she said, according to Bernama.
When it comes to high-profile individuals, she said the
comments directed at the judiciary were not constructive but excessive,
one-sided and politically-motivated.
“I hope the people out there understand the structure of the
country’s legal process before issuing any statements which show their
lack of understanding.”
In August last year, the media quoted police as saying they
had received reports of threats made against Tengku Maimun on social
media and would be taking action against anyone found abusing such
platforms to undermine security.
People take pictures outside the Palace of Justice in Putrajaya which houses the Court of Appeal and Federal Court. Photo: AFP
The
Conference of Rulers today proposed the removal of the prime minister's
power to appoint five representatives to the nine-member Judicial
Appointments Commission (JAC), the body which proposes candidates to be
made judges in the superior courts.
This followed a meeting by the rulers chaired by Negeri Sembilan's
Tuanku Muhriz Tuanku Munawir, held for two days at Istana Negara
beginning yesterday.
In its statement, the conference said the JAC in its present
composition had weaknesses, adding that its membership was critical to
ensure that only those with intergrity are appointed to judicial posts.
Presently, four of the nine JAC members are made up of senior judges,
while the remaining five are appointees of the prime minister.
Tuanku Muhriz said a more balanced membership was needed so that appointments would not be biased towards any parties.
"To ensure the independence of JAC in carrying out its
responsibilities, I propose that the appointment of its five members
should not be made by the prime minister.
"Instead it should be given to other institutions such as the
Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar
Association and the Parliamentary Select Committee," he said.
Tuanku Muhriz also called for JAC's structure to be reevaluated
through discussions with the relevant institutions and stakeholders.
"When all this is implemented, I am confident JAC will be able to
carry out its responsibilities more effectively, and choose and appoint
only those individuals who have a noble character, and are transparent
and fair, to become judges in Malaysia."
JAC was set up in 2009 to ensure an unbiased selection of judges for the consideration of the prime minister.
Critics have however questioned the provision allowing the prime
minister to appoint the majority of the commission's members, as well as
his power to remove them, saying it smacks of political patronage in
the judiciary.Malaysia Now, 30/11/2022
Abdul Karim, Abu Bakar appointed Federal Court judges, say sources
Five judges promoted to Court of Appeal, 10 judicial commissioners made High Court judges, and six new JCs appointed.
Justices
Abdul Karim Abdul Jalil (left) and Abu Bakar Jais will be receiving
their letter of appointment as Federal Court judges from the Yang
di-Pertuan Agong at Istana Negara tomorrow.
PETALING JAYA: Court of Appeal judges Abdul Karim Abdul Jalil and Abu
Bakar Jais will be elevated to the Federal Court, filling two of four
vacant slots in the apex court, sources said.
Karim is the second most senior judge, while Abu Bakar is ranked number seven among 26 Court of Appeal judges currently serving.
Karim was appointed a Judicial Commissioner on Aug 1, 2004 and confirmed as a High Court judge on July 28, 2006.
He was promoted to the Court of Appeal on Nov 26, 2018.
Meanwhile, Abu Bakar was appointed Judicial Commissioner on July 8, 2013, and made a High Court judge on March 21, 2016.
He was elevated to the Court of Appeal on Dec 5, 2019.
There are currently 11 sitting Federal Court judges available to hear
the whole gamut of criminal and civil appeals as well as motions and
other applications.
They include Chief Justice Tengku Maimun Tuan Mat, Court of Appeal
president Abang Iskandar Abang Hashim, Chief Judge of the High Court of
Malaya Zabidin Diah, and Chief Judge of Sabah and Sarawak Rahman Sebli.
The source also told FMT that five High Court judges –
Justices Azmi Ariffin, Azizul Azmi Adnan, Azahari Kamal Ramli, SM
Komathy and Choo Kah Siang – will be promoted to the Court of Appeal.
Meanwhile, 10 Judicial Commissioners are set to be confirmed as High Court judges, according to sources.
The 10 are Nurulhuda Nur’aini Mohamad Nor, Norliza Othman,
Hasbullah Adam, Shamsulbahri Ibrahim, Roslan Mat Nor, Julia Ibrahim,
Arief Emran Arifin, John Lee Kien How @ Mohd Johan Lee, Adlin Abdul
Majid and Abazafree Abbas.
The source also revealed that six new Judicial Commisioners
will be appointed. They are made up of lawyers and those currently
serving in the courts and the Attorney-General’s Chambers.
Under Article 122B of the Federal Constitution, the Yang
di-Pertuan Agong, acting on the advice of the prime minister, appoints
judges after consulting with the Conference of Rulers.
Candidates are proposed to the prime minister by the Judicial Appointments Commission (JAC).
The selection criteria include seniority, integrity,
competency, experience, the submission of written judgments on time, and
good writing skills.
All the Federal Court, Court of Appeal and High Court judges
will be at Istana Negara tomorrow to receive their appointment letters
from the Yang di-Pertuan Agong.
Karim and Abu Bakar will take their oath of office before
Tengku Maimun, the five Court of Appeal judges before Abang Iskandar and
the 10 High Court judges before Zabidin.- FMT, 12/6/2023
All Parliamentary Select Committee
hearings must be broadcasted live to restore confidence of the people – Amend Parliamentary
Standing Orders to ensure Transparency and end culture of ‘Secrecy”
The Special Select Committee on Human Rights,
Elections and Institutional Reform (JKPK) that will be looking into, amongst
others, Zahid’s prosecution’s discontinuance and DNAA issue must be open to the
public, and its proceedings be broadcasted life to ensure transparency. This is
the stance or MADPET (Malaysians Against Death Penalty and Torture).
Members of Parliament and Parliamentary
Committees must not fear this transparency, and it is important for the public
to hear what transpires, especially what is said by the persons summoned to
testify.
The public want to know and monitor their MPs that
are involved, and how their peoples’ representatives conduct themselves in such
committee proceedings and decision making. They want to hear it all, not simply
the final conclusions.
Independent MPs, no more party-controlled
MPs
It is hoped that all MPs behave independently,
more so the government MPs, who hopefully will not ‘loyally’echo the position
of their party leaders. It is sad that many perceive that Malaysian MPs do not
act independently and simply follow orders of the party.
In that sense, PKR-PH MP Hassan Karim stands
out as being a MP who will speak out, even against his party President and
Prime Minister. Anwar Ibrahim indicated that MPs should do so.
‘He[PM Anwar Ibrahim] said this in an interview
aired on CNN, where journalist Christiane Amanpour questioned the criticism
hurled by PKR MP Hassan Abdul Karim, who claimed that Anwar had ditched his
decades-long fight against corruption. “Look at it positively, a member of my
own party criticising me, it’s a very democratic process.‘(Malaysiakini,
23/9/2023)
But the question is how many MPs are brave
enough to act independently, and stand up for what is right and just even if it
goes against their party leader or Prime Minister?
Sadly, the party WHIP system is still there, and
it generally decides how party MPs are supposed to vote, and maybe even say
during Parliamentary Debates? Will the same thing happen in Parliamentary
Select Committees – this makes it more important for the proceedings to be
TRANSPARENT, and even broadcasted live, something than will ensure true
parliamentary democracy and protect the reputation of MPs involved.
Zahid’s Discontinuance of Criminal
Trial ‘Scandal’
Public outburst followed the prosecution’s decision
to discontinue the criminal trial of Zahid Hamidi’s case during defence stage,
after the prosecution had already successfully proved all the elements of all
47 charges to the satisfaction of the High Court Judge, who then called the
accused to enter his defence, The Judge then rightly ordered a Discharge Not
Amounting an Acquittal (DNAA). This means that at some future date, the
prosecution can still re-charge Zahid Hamidi and the case will continue from
where it ended. The prosecution may also decide to never charge Zahid Hamidi
with the same 47 charges. This is just.
The Zahid Hamidi’s prosecution discontinuance
of the criminal case that ended with a DNAA issue is now before Parliament, and
has been referred to the SPECIAL Select Committee on Human Rights, Elections
and Institutional Reform (JKPK), who confirmed that the proceed despite the
fact that the matter was already discussed in Parliament.
The government must consider laws allowing the
public to go for judicial review of the Attorney General/Public Prosecutor’s
decision to charge or not charge, and also to discontinue proceedings as
happened in Zahid Hamidi’s case. This is needed to ensure no abuse of power by
the Public Prosecutor.
Select Committee on Human Rights,
Elections and Institutional Reform (JKPK) continues
He [the Parliamentary Select Committee Chairman
William Leong said the proceedings would go on despite Prime Minister Anwar
Ibrahim having explained in Dewan Rakyat the decision to grant Ahmad Zahid
Hamidi a discharge not amounting to an acquittal (DNAA).(Malaysian Insight,
24/9/2023).
It has been reported that the Committee will be
calling the current and immediate past Attorney General/Public Prosecutor.
Noting that the Public Prosecutor does not actively participate as public
prosecutor in most criminal trials, whereby this is done by Deputy Public
Prosecutors. As such, the Select Committee must also call Raja Rozela Raja
Toran, the lead deputy public prosecutor (DPP), who mysteriously stopped in
August, and other DPPS in the prosecution team in Ahmad Zahid Hamidi’s
corruption trial who successfully managed to prove a prima facie case to the
satisfaction of the trial judge, who then called Zahid to enter his defence.
The Zahid’s case issue before the Select
Committee is a matter of great public interest with implication of possible
government ‘interference’ or Public Prosecutor wrongdoing, and as such speed is
of essence. It has been about 20 days since the matter has been referred to the
Select Committee, and the Committee is yet to meet, start proceedings or even
set dates.
All Parliamentary Committee
Meeting Must Be Open to the Public – Amend Standing Orders
On 12/9/2023, the Select Committee Chairman
William Leong said that hearing of the select committee hearing will not be
telecast live for public viewing because under the current Parliamentary
Standing Orders, live telecast of hearings is not allowed. (MySinChew, 12/9/2023).
Anwar Ibrahim claims that the unity government
party Members of Parliament make up nearly two-third majority in Parliament,
and this means that the government can
easily amend the Parliamentary Standing Orders to allow live telecast of
hearing to ensure a more transparent Parliament and its various committees.
In the media report, William Leong talked about
only live telecast is prohibited, that means the minutes of the Select Committee, like the Hansard for Parliamentary
Sessions, can be prepared and published on the Parliament website.
A mere report alone is insufficient as it will
not comprehensively raise all the points, questions and answers made, or even
the votes cast. We will only get the majority report – not the minority report.
A report also will be HEARSAY and an interpretation of what transpired by the
drafters of the report. What transpires in Select Committees are not ‘official
secrets’, and since the Committee is made up of MPs, elected by the people,
there really is no justification for it being secret. Courts are open to the
public, so why should Parliamentary Committees proceedings be kept secret.
Special select committee to summon former, current AG
Updated 1 week ago ·
Published on 24 Sep 2023 4:50PM ·
Special Select Committee on
Human Rights, Elections and Institutional Reform chairman William Leong
says the current attorney general and his predecessor will still be
summoned to explain the granting of a discharge not amounting to an
acquittal to Ahmad Zahid Hamidi despite the prime minister having done
so already in Dewan Rakyat. – The Malaysian Insight file pic, September
24, 2023.
SPECIAL
Select Committee on Human Rights, Elections and Institutional Reform
(JKPK) chairman William Leong said the current attorney general and his
predecessor will still be summoned to its proceedings next month.
He said the proceedings would go on despite Prime Minister Anwar
Ibrahim having explained in Dewan Rakyat the decision to grant Ahmad
Zahid Hamidi a discharge not amounting to an acquittal (DNAA).
Leong added that the committee’s main purpose was to study the
proposal to separate the duties of the public prosecutor and the
attorney general.
“The problem of public perception is that there is interference in
the public prosecutor’s duties, starting from the attorney general
performing his duties as a legal adviser to the government and also as a
public prosecutor,” he told Malay-language daily Berita Harian.
He was asked whether current and former Attorneys General Ahmad
Terrirudin Mohd Salleh and Idrus Harun would still be invited to explain
the decision to discharge Zahid from 47 charges related to the Akalbudi
Foundation, even after Anwar explained it in Dewan Rakyat last Tuesday.
The prime minister had said there was a precedent regarding the DNAA order.
Anwar also welcomed anyone to come forward and provide evidence regarding his alleged interference in the case.
Last week, Leong said JKPK would call up Ahmad Terrirudin and Idrus to explain the issue.
Previously, he informed Berita Harian that the committee was studying
a proposal to separate the role of the public prosecutor from the
attorney general’s office, in addition to examining issues related to
the DNAA decision. – September 24, 2023, Malaysian Insight
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Thank you, Malaysians
-
Before the lights go out on The Malaysian Insider at midnight, we say
"Thank You" to our readers. TMI started on February 25, 2008. Today, after
eight year...
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