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...
DAP had much support of Malaysians because their leaders and politicians spoke and fought without fear and favour for justice and human rights - That, they did very often when they were in the Opposition BUT since they have become part of the ruling government coalition is something they are not doing...
Many MPs/ADUNs have today gone 'silent' on many of these issues. They used to highlight the wrongdoings of the government BUT now they are government and they have the power to bring about all the changes and reforms they spoke about...
Those in CABINET are part of the Executive Branch of government - maybe, their freedom is stifled BUT this is not the case for others in Parliament - the 'government backbenchers' , whose role is to continue being a 'check and balance' to the Executive - they are FREE to highlight government failings...including delays or even highlight their ideas of what needs to be done which is yet to be done...
PKR, though never as vocal as DAP politicians, also seem to have stopped being the voice of the people...
Najib and wrongdoings of past governments are today no more as relevant - save for the introduction of new laws and policies to correct past mistakes...
DETENTION WITHOUT TRIAL - Has DAP/PKR/AMANAH/BERSATU changed its position - they should have all been repealed immediately - and right to a FAIR TRIAL restored to everyone. Presumption of Innocence until proven guilty must be the principle that applies...?
SOSMA - that draconian law that allows use of Evidence that is considered inadmissable and dangerous according to our Evidence Act..that law that denies BAIL for certain offences - that law deprives a person the right to be brought before a Magistrate within 24 hours of arrest - that law that removes the needed safeguard of Magistrate's orders for further remand by police to prevent torture or police abuse of powers...> Still there and not repealed yet? WHY
University and University Colleges Act - that treats University Students like 'kids' and restrict freedoms > still not amended.
CONTRACTOR FOR LABOUR system - that removes direct employment relationship between workers with principals[owners of business/factories], erodes worker rights, generates precarious employment...something that DAP/PKR?PAS strongly objected to > still there not repealed yet?
PEACEFUL ASSEMBLY ACT - It effectively denies Malaysians the right to peaceful assembly - It is no more a HUMAN RIGHT - Now, you only can exercise this 'right' if the police allows it - worse, even in public spaces, you now need PERMISSION of the government who owns/or is responsible for it which is absurd for there really should be no such requirement to exercise this right in 'public spaces or areas'....when hundreds of Muslims shot in New Zealand mosques, people should have the RIGHT to immediately protest this INJUSTICE not wait for police PERMISSION or conditions? PH reduced the notice period from 10 days to 5 days ...but that did not remove the hurdles for the exercise of this basic HUMAN RIGHT? The Peaceful Assembly Act is still used by PH, and the recent limitation to less than 1,000 placed on fisherman in Penang shows that PH may be worse for I do not recall any limits placed on numbers of participants during the BN era...see.Penang fishermen peaceful assembly only allowed if NOT MORE than 1,000? Totally unjust?
Anti Fake News law being repealed BUT SEDITION Act still not repealed...In Sedition Act, truth is not a defence...a draconian law that ought to be repealed...long time ago...
The champions of the people was the DAP, PKR, PAS...but now the 'champions' are in government - and many have gone silent about human rights and justice...
On the other hand, MCAs only MP has been speaking out quite a bit on several issues - was that why people of Tanjong Piai decided to put another MCA MP into Parliament?
Remember Nazri Aziz, even when in Cabinet was brave enough to express his personal view calling for the abolition of the Death Penalty - which was not the position of the then BN Cabinet. Will there be PH Cabinet members who will be just as brave to speak out their own personal view...even if it goes against the majority view of Cabinet?
Is MCA or PAS or BN the new champion of people's rights? Well, ultimately it will the people who decide...
How the PH government and political parties view the Malaysian people must change - People are no more FOOLS but are smart - they cannot be easily deceived using race or religion BUT they are looking at the REAL issues of the people - Is the government doing the right thing - is Pakatan Harapan doing as promised...
"I must also remind Harapan to please fulfil the promises that they made 18 months ago," he added.
Ka
Siong said that everywhere he went, people were disappointed with the
new administration because after making promises to win GE14, they are
now trying to find excuses not to keep those promises.
POWER CORRUPTS ABSOLUTE POWER CORRUPTS ABSOLUTELY - Will PH bring the reforms it promised?
Stop fighting about 'power' or 'who is next PM' BUT fulfill your promises > GET RID OF THE UNJUST LAWS - RESTORE OUR HUMAN RIGHTS - RESTORE JUSTICE - ENSURE THE WELFARE AND WELL BEING OF EVERYONE - NOT JUST A FEW IN MALAYSIA...
PH spend a lot of time analyzing what was wrong and made clear promises of what they would do when in power...Why further studies...consultations...U-turns...LISTEN TO THE PEOPLE ...
Two Wees: MCA not taking Chinese swing for granted
PARLIAMENT | While clearly buoyed by MCA's thumping win in the Tanjung Piai by-election, its two MPs Wee Ka Siong (above, left) and Wee Jeck Seng (above, right) were determined not to be carried away and take Chinese votes for granted.
"We
are pleased to see that (the return of Chinese support) according to
the analysis by DAP, we got 60 percent of the Chinese vote. However we
will not take it for granted," said party president Ka Siong, who is
also Ayer Hitam MP.
Jeck Seng added that MCA would not take the support for granted.
"We
cannot take for granted that they are angry with the government. We
have to analyse (the victory) and we hope we can maintain this momentum
and identify the root cause of it,"
"There
are many factors that contributed to this victory, so we have to
analyse it and conduct a post-mortem and just follow and improve (upon
it)," he said at a joint press conference conducted by the two MPs at
parliament today.
It was Jeck Seng's first day back in
Parliament, and the newly-elected Tanjung Piai MP, who had served two
terms between 2008 to 2018, found himself playing second fiddle to Ka
Siong who intercepted a few questions and answered them on his behalf.
'The people are the kingmakers'
Asked whether the win was a protest vote against Pakatan Harapan and not a show of support for MCA, Ka Siong answered:
"Actually,
the rakyat (people) are the kingmakers. They can decide whether (or not
you win). If they like you, they will vote for you. If they (think you
are) lousy, they can punish you."
Ka Siong said that this was the
democratic process, under which the people'e representatives are
subject to this sort of assessment.
"In this by-election they cast their votes to BN so that we have to perform our duty as an effective opposition in Parliament.
"I must also remind Harapan to please fulfil the promises that they made 18 months ago," he added.
Ka
Siong said that everywhere he went, people were disappointed with the
new administration because after making promises to win GE14, they are
now trying to find excuses not to keep those promises.
Asked if the crushing defeat was a damning indictment of the premiership of Dr Mahathir Mohamad (above), Ka Siong said it was up to the Harapan leadership to interpret that.
"If
you assume Harapan is a collective leadership or a dictatorship, I
don't know. I think the signal is to the government to please do
something.
"Whether they want to take it to the prime minister
himself - some will conveniently push the (blame) to him, some will say
it's collective - don't tell me after the defeat, you don't want to do
anything (different).
"This is not the end of Harapan. We have
another three and a half years to continue our terms. Fulfill your
promises as you have pledged," he said.
Asked whether Jeck Seng's
victory was due to a resurgence of Barisan Nasional (BN) or because of
the tie-up with PAS in the Muafakat Nasional alliance, Ka Siong
emphasised that the BN victory at Tanjung Piai was due to the support of
all races.
"This is the consensus of all citizens. It is
impossible to win with support from just one race. No matter whether its
Malay, Indian of Chinese. Solidarity means solidarity, we are on a
similar path.
"The important thing is to keep the people happy,
whether it's BN or a national coalition or the solidarity of the
opposition," he answered.
MCA doubles its strength
Asked how he felt upon his return to Parliament, Jeck Seng replied:
"I must do my duty and I must help (address) my constituency problems. This is my responsibility," he said.
"As a third time MP, he's used to it," interjected Ka Siong.
"He
has a duty to perform in parliament and serve the people. People
support Wee Jeck Seng because he serves the constituents regularly, that
is the strength of Wee Jeck Seng," he said.
Jeck
Seng was asked if he was ready to declare his assets, which is now a
requirment, but the question was eagerly fielded by Ka Siong.
"Dont
worry, he just reported to parliament today and he hasn't received
anything from parliament. His priority is to serve and bring up the
issues of his constituents. Don't worry about other things (now), said
Ka Siong.
In a later PC in Mandarin, when a journalist again asked Jeck Seng if he is going to declare his assets, he answered:
"Declare la, what's the problem?"
At
its peak in 2004, the MCA won 31 seats in Parliament, but Ka Siong has
just endured 18 months as its lone representative. Now he's glad not to
be alone.
"I'm no longer lonely," he quipped.
"But I hope
after MCA has gained two seats - that this is just the beginning. For
us, this is encouragement and motivation, and we have to work hard,"
said Ka Siong.- Malaysiakini, 18/11/2019
Article 10 of the Malaysian Federal Constitution states that every citizen has the right to freedom of speech and expression.
But is that the reality though? For decades, we have been
inundated with news of arrests, bans and censorships of people, film, books,
arts and more.
Zunar, the famed political cartoonist has been hit with a record of NINE charges under the Sedition Act.
Fahmi
Reza, the mastermind behind the Najib clown face was convicted under
Section 233 of the Communications and Multimedia Act 1998 for uploading
the image on his social media – a decision that was finally dropped after numerous appeals.
The truth is that censorship is a harsh reality of
Malaysian artists.
This was the underlying message by some of Malaysia’s most eminent names in the arts at the “Arts for Politics or Pleasure: Malaysian Censorship and Regulation” forum organised by Taylor’s University School of Liberal Arts & Sciences this week (17th October).
“Censorship has been a big part of my life.”
Dato’
Faridah Merican, Co-founder of The Actor’s Studio and Kuala Lumpur
Performing Arts Centre (KLPAC) & Adjunct Professor, School of
Liberal Arts & Sciences at Taylor’s University.
Dato’
Faridah Merican speaks at the Arts for Politics or Pleasure Forum by
Taylor’s University School of Liberal Arts & Sciences. (Credit: Taylor’s University)
Malaysia’s First Lady of Theatre, Dato’ Faridah Merican is
no newcomer to the world of censorship. A thespian since 1972 along with 46
years in advertising, she’s had more than her fair share of reprimand from
authorities.
For one, KLPAC’s 1993 production of A Streetcar Named
Desire drew flak and the lead actress Ramona Rahman was banned from the
stage for 2 years for a scene where she locked lips with her male co-star.
At the same event Zunar shared besides the Sedition Act, he’s been silenced under SIX laws.
Some of the Malaysian laws commonly associated with censorship are:
The 2019 World Report
by Human Rights Watch documents that Malaysia’s freedom of speech
improved dramatically following the May 2018 elections since Pakatan
Harapan (PH) came into governance.
However, the report contends
that the use of the Sedition Act still continues despite the promise of
repealing the colonial era law in PH’s election manifesto.
In fact, new sedition investigations were opened, especially against individuals accused of insulting Malaysia’s royalty.
There is progress, though. Earlier in October, Dewan Rakyat has scrapped the Anti-Fake News Act 2018 that makes “fake news”, especially those shared online, a crime.
So, how does one go about expressing your artistry in
light of these censorships?
Lawyer Khaizan Sharizad Razak Dali (Sherrie) advices that creatives need to know how to argue and justify when the need arises.
She
explains that arguments from authorities are always subjective, so it’s
up the artist to defend and justify their work. Read the definitions in
the law, then learn how to argue, defend and justify.
“Freedom is not absolute, nothing is absolute.”
Sherrie, Lawyer & Partner at Messrs. Seira & Sharizad.
Sherrie Razak Dali gives an overview of the various Malaysian laws governing freedom of expression and speech. (Credit: Taylor’s University)
Dato’ Faridah agrees with this sentiment as well as she’s spent many years gleefully fighting and defending her work.
“I
just think of it as one more test for me as a Malaysian. Censorship is
so challenging. It’s exciting and thrilling when I get to “outsmart” the
authorities.”
Dato’ Faridah.
While having knowledge of the law is important, Zunar cautions artists against self-censorship.
Political cartoonist Zunar aka Zulkiflee Anwar Haque shares his take on Malaysian censorship. (Credit: Taylor’s University)
“When you create, don’t think of the law. Just follow your spirit and let your work speak for itself.
Knowledge of the law is important, yes, but never let that stifle your voice. Because talent isn’t a gift, it’s a responsibility.”
Zunar the Cartoonist.
As the Index on Censorship watch group puts it, the freedom of expression is a fundamental human right.
The
Malaysian artists that opt to touch on sensitive or political issues
simply underpin the importance of this right in the development of
society and a mark of a healthy democracy.
Syabas to the people of Tanjung Piai - they have demonstrated that the Malaysian voter is NOT STUPID ...and will NOT BE BOUGHT ...
Knowing that voting against Pakatan Harapan may impact development and the people, given the fact that the Pakatan Harapan is both the State and Federal government, the people of Tanjong Piai bravely made sacrifices to SEND A STRONG MESSAGE TO PAAKATAN HARAPAN..
Did the people of Tanjong Piai support the BN...OR did they just express their disappointment to the Coalition of Hope - DAP-PKR-Amanah and BERSATU - a warning that if reforms are not forthcoming FAST - the people may look elsewhere for a better government of the people for the people...
The fact of the HIGH VOTER TURN-OUT shows a lot. If they were simply fed up for lack of good options, the voter turn-out would have been small...but NO, here the voter turn-out was high - the people had a MESSAGE for the government...
According to Zulkifly, the by-election recorded a 74.43 per cent voter
turnout out of the 52,698 eligible voters. Early voting on Nov 12 saw a
91 per cent voter turnout out of 280 electors...In GE14, voter turnout for the Tanjung Piai parliamentary seat stood at 85.67 per cent out of then 53,528 registered electors.- NST, 16/11/2019
BUT ALAS, some in PH is misreading the message ... Anwar's supporters seem to want us to believe that it was an indication that people did not want Mahathir as Prime Minister...and that he should hand over the premiership to Anwar fast?
Unlike in the past, when UMNO-BN ruled, and the PM was from UMNO, the party with the most number of seats - who clearly did not need support of component parties to form government or make decisions > situations is very different today with the PM coming from a PH party with a few seats who need the support of DAP, PKR and Amanah (even Warisan and other pro-PH parties) to remain PM or to make decisions ... so today, what PH do or did not do depends really on all the PH component parties.
What about Anwar? He is not in the Cabinet and hence a government back-bencher - free to highlight failures of the Cabinet(executive) BUT what exactly is Anwar unhappy about what PH has been doing or not doing? Can anyone tell me save that the fact that Anwar wants to be PM within 2 years of GE14...when now, it is an undisputed fact that the 'agreement' between the PH party leaders did not stipulate a time-frame for the handover...
When in Opposition, the PH politicians highlighted many injustices and promised to repeal many draconian laws but after 18 months SOSMA, POCA, POTA remains...Peaceful Assembly Act(with all its problems still remain),...
Local Council Elections - DAP and PKR was fighting for it > the only reason they said was that a Federal law prevented Local Council Elections ...well, now in government, but there is no move to even amend the law allowing again the possibility of Local Council Elections...still Local Councillors and Mayors are politically appointed?
What about kampung elections? Still PH is appointing ketua kampungs and JKKKs...
GLCs - well, the problem then was :- political appointments, too high salaries/allowances, no report of the Auditor General of GLCs submitted to the people >>> the same practice during the BN era continues...??
PH MPs are getting 'money from the government' (maybe about RM1.5million a year) but not the Opposition MPs/ADUNs - what is happening to this money? No accounts yet...WHY? - is this money 'leaking' into the pocket of the MP/ADUN, their party members, etc?
ELECTORAL REFORMS - Nothing happening - New Election Commission and authorities failed to act on alleged use of government machinery allegations, possible over-spending during campaigning...The concerns raised during the PD elections that made Anwar an MP was 'swept under the carpet'...Worse still, in recent Tanjong Piai elections, we see that candidates are not FREE to campaign - they require 'police permits' and EC permits -
PONTIAN (Nov 12): All parties and candidates contesting in the
Tanjung Piai parliamentary by-election are reminded to get a police
permit to conduct house-to-house visits as they too are considered as a
form of campaigning. Election Commission (EC) Chairman Datuk Azhar Azizan Harun said in
addition, the walkabout programme, which is also considered as a mobile
election campaign, must have a clear time frame and location for
monitoring purposes.He said all parties or candidates involved were reminded to comply
with all regulations stipulated for campaigning particularly involving
permit application. - Edge Markets, 13/11/2019
PERMITS for walk-about - when candidates walk through pasar malams, shops, houses shaking hands and introducing themselves...when they hand over printed materials introducing themselves and why people should vote for them?
PERMITS for public talks/gatherings - well Peaceful Assembly Act, until amended, states that 10 days prior notice required > our new PH chosen EC set a 12-day campaign period ...Is it FAIR for ALL candidates? (After amendment, still need 5 days notice and written consent of owner of premises???)
Material circulated must have name of printer and publisher - if not it breaks the law, it will be taken down >>> how many PH banners that did not have name of printer/publisher was taken down - the flags, etc ...
“Campaign materials which were seditious and provocative in nature and
did not have the name and address of the printers would be brought
down,” he said in a statement here today.
It is ELECTIONS - all ordinary laws about permits should really not apply during campaign period.
If not the POLICE can hamper campaigns of some candidates...no permits for talks, no permits for walk-abouts, no permission to distribute your pamphlets (because no printer/publisher name), ...Do we want the POLICE to decide on the campaign strategy and methods of candidates...
Only 14 days ...suddenly some friends turn up wanting to help - well, good...why don't you go walk about and hand over pamphlets to the people in that kampung or at that pasar malam...Applying for PERMITS is absurd.
Some say, the situation of Human Rights and Fundamental Freedoms have deteriorated after PH came into power...
Recently, PH Appointed FINAS chief is talking about CENSORSHIP of Netflix ...soon there will be censorship of HBO, Maharaj Channel...and all TV programs...
Tg Piai by-election: Walkabout campaign must be clear, police permit needed for house-to-house campaigning
PONTIAN
(Nov 12): All parties and candidates contesting in the Tanjung Piai
parliamentary by-election are reminded to get a police permit to conduct
house-to-house visits as they too are considered as a form of
campaigning.
Election Commission (EC) Chairman Datuk Azhar Azizan Harun said in
addition, the walkabout programme, which is also considered as a mobile
election campaign, must have a clear time frame and location for
monitoring purposes.
He said all parties or candidates involved were reminded to comply
with all regulations stipulated for campaigning particularly involving
permit application.
“Yesterday, a meeting was held between EC officials and Pontian OCPD
and his officers to coordinate and clarify issues concerning campaigning
permits and regulations especially with regard to the walkabout
programmes held by all candidates or parties contesting in the election.
“Campaign materials which were seditious and provocative in nature
and did not have the name and address of the printers would be brought
down,” he said in a statement here today.
Azhar said flags that were placed by the roadsides and hampered or posed dangers to the public would also be removed.
He said appropriate action would also be taken regarding party flags
hung on vehicles that caused danger to members of the public.
“Campaigning vehicles that were installed with flags and loudhailers
and moving from one place to another place must apply for campaigning
permit from the police.
According to Azhar, the EC would make public the information
concerning election offences, as well as statistics on the number of
reports made to the police and the Malaysian Anti-Corruption Commission
(MACC) on its Facebook, Twitter and websites every day throughout the
by-election period.
“The EC hopes that all candidates and parties would carry out their
campaign in a more mature manner throughout the remaining five days of
campaigning so that the Tanjung Piai by-election run smoothly without
any undesired incidents,” he added.
The EC has fixed Saturday as polling day for the Tanjung Piai
by-election which will see a six-cornered fight involving the Pakatan
Harapan (PH) candidate Karmaine Sardini, Barisan Nasional (BN) candidate
Datuk Seri Dr Wee Jeck Seng, Wendy Subramaniam (Gerakan), and Datuk Dr
Badhrulhisham Abdul Aziz from Barisan Jemaah Islamiah (Berjasa), as well
as two Independent candidates namely Dr Ang Chuan Lock and Faridah
Aryani Abd Ghaffar.
The by-election is held following the death of the incumbent Member
of Parliament Datuk Dr Md Farid Md Rafik, 42, on Sept 21 due to heart
complication.
In the 14th General Election, the late Md Farid, who represented PH
won with a majority of 524 votes to beat Wee (BN-MCA) and Nordin Othman
(PAS). — Bernama - Edge Markets, 13/11/2019
Independence of the Judiciary - it is very important. So, when a just retired Chief Judge of Malaya is appointed as Chairman of Prasarana... with maybe a 'big allowance' and other benefits, many may wonder whether this is a 'reward' or a 'satisfaction of a promise made for...." doing something whilst being the Chief Judge?
Well, Zaharah may have done nothing of that sort - maybe she was always a truly INDEPENDENT judge - she did not make judgments and/or court decisions as 'instructed' by the Prime Minister or the government...or for 'money' or 'promises of rewards'...
But when suddenly being made Chairman of Prasarana happens ....doubts arise...and it impacts on the public perception of the independence of the Malaysian Judiciary...
The issue of post-retirement conduct of judges arose before when after retirement a CJ joined a law firm...This appointment of just retired CJ as a Chairman of a Company may be even more serious...
People who should be Chairman and/or Directors of Companies should be persons who have experience or knowledge in the running of the business of the company... The Directors have the duty to ensure that company is running well - the idea of simply appointing 'friends' and 'cronnies' or 'yes men' must come to an end - Was it because of political appointees, that the Company Directors of 1MDB and related companies maybe 'did not know' or 'foolishly listened and did as instructed' - well, this can happen when we appoint 'token' Directors who do not know the business or the real responsibilities of Directors of a Company...
I wonder as to what business qualification does Zaharah have - save maybe her knowledge of the law?
Sadly, in Malaysia, many see such appointments as Directors and Chairman's as noting more than some form of gratification(apparently, some politicians that failed to be elected may get such appointments...some say, some people who gave way to allow the placements of another as candidates... we have seen many of such appointments during the BN era)...
MY hope is that Zaharah will decline the offer ...or RESIGN immediately as that will be good also in protecting the image of truly independent judiciary.
This is my views...what do you think?
Former chief judge Zaharah Ibrahim is new Prasarana chairman
Nazuin Zulaikha Kamarulzaman
/
theedgemarkets.com
November 11, 2019 15:21 pm +08
KUALA
LUMPUR (Nov 11): The former Chief Judge of Malaya, Tan Sri Zaharah
Ibrahim, has been appointed as the new chairman of Kumpulan Prasarana,
effective today.
In a statement, Prasarana said the former chief judge of Malaya will
be filling in the post vacated by Tan Sri Khalid Abu Bakar following the
latter's resignation on Aug 17 last year.
Born in Johor Bahru in 1952, Zaharah has an honours degree in law
from Universiti Malaya, and has been active in the judiciary and legal
field since April 1977.
Following her retirement from the Judicial and Legal Service, she was
appointed the Commissioner of Judiciary in August 2004 and worked in
the Civil Division of the Kuala Lumpur High Court, followed by a stint
in the Criminal Division of the Shah Alam High Court (from Oct 1, 2004
until July 27, 2006)
She was subsequently appointed as High Court Judge on July 28, 2006,
and placed with the Shah Alam High Court's Criminal Division, and later
the Commercial Division of the Kuala Lumpur High Court, where she stayed
from Jan 1, 2009 till April 13, 2010.
She was then appointed as an Appeals Court Judge on April 14, 2010,
and then a Federal Court Judge on Feb 16, 2015. Then, on July 17, 2018,
she was named the Chief Judge of Malaya — making her the second woman
to ever be appointed to the post — which she later retired from in May
this year.
Prasarana Malaysia Bhd is a wholly-owned company of Ministry of
Finance, and is the owner and the manager of public transportation
assets, including bus services, the LRT/Monorail/MRT services, and the
Penang ferry service. - Edge Market, 11/11/2019
Ex-chief judge of Malaya appointed Prasarana chairman
Zaharah Ibrahim retired as chief judge of Malaya in May. (Bernama pic)
KUALA LUMPUR: Former chief judge of Malaya Zaharah Ibrahim has been
appointed chairman of government-linked, public transport owner and
operator Prasarana Group, effective today.
In a statement, Prasarana said Zaharah is filling the vacancy left by Khalid Abu Bakar, who resigned on Aug 17 last year.
Born in Johor Bahru in 1952, Zaharah graduated with a honours degree
in law from Universiti Malaya and began serving in the judiciary and
legal service from April 1977.
After her retirement from the service, she was appointed a
judicial commissioner on Aug 1, 2004 and placed in the Civil Division of
the Kuala Lumpur High Court. On Oct 1, 2004, she moved to the Criminal
Division of the Shah Alam High Court.
She was appointed a High Court judge on July 28, 2006, before
becoming an Appeals Court judge on April 14, 2010, and a Federal Court
judge on Feb 16, 2015.
Zaharah was appointed chief judge of Malaya on July 17, 2018 and retired in May this year. - FMT, 11/11/2019
Post-retirement conduct of judges will affect public perception on the independence of judiciary
Thursday, 09 June 2005 07:05am
When the issue of the last CJ joining a law firm as a Consultant almost soon
after his retirement cropped up more than a year ago, the Bar Council was of the
position that there must be a "cooling-off period" of about 3 years. The then
"Minister of Law", Rais Yatim gave us all the assurance there would be changes
in the law governing conduct of judges after retirement from the Bench. He gave
me at least the impression that this would be incorporated in the Code of
Conduct of Judges.
When a Judge of the High Court, Court of Appeal and/or Federal Court resigns and
joins a law firm - a lot of questions arise like whether he was biased in favour
of that firm in the last days/weeks/months/years of his service as a Judge. It
also opens the possibility that Judges (especially those close to retirement)
may be biased in favour of the "bigger" firms who can afford to employ them
after their term of office as Consultants or Lawyers.
Judges should NEVER join law firms and/or Private Companies immediately after
retirement. They should also not be accepting offers from the Government to
become Chairpersons and/or sit in some Commissions and/or Government
bodies/agencies. Is the government "rewarding" 'good' judges who "listened"
and/or who "behaved"? We must not forget that the Government is also many a time
made a party in suits before the court - and JUDGES who sit and hear these cases
must never (and also never be seen to be) Pro-Government and/or Anti-Government
but must mete out Justice as an INDEPENDENT JUDGE.
Judges must be independent - be seen to be independent when they are sitting on
the bench and therefore what they do after retirement also matters.
What do many people think when a law-firm employs a CJ or Federal Court Judge or
other Judges as a Consultant/Lawyer ---- well, the message that goes out is that
this "law firm" will have a greater advantage when it comes to a court battle -
because after all our ex-Judge was the "boss" or the "senior" or the "buddy" of
the sitting judges and all the court staff/Registrars did serve under him/her or
will definitely not say "NO" to our ex-Judges request for speedy dates, etc -
TRUE or NOT TRUE is not the issue but the issue is the perception of people.
When law firms appoint these "ex-Judges" as their employees, they may
unwittingly undermine the principle of the Independence of the Judiciary.
Alas, the matter was raised in Parliament recently, and according to the report
that appeared in Harakah Online, NOTHING is being done or has been done about
this serious matter even though the then MINISTER did give the assurance that
something will be done.
Now, apparently the conduct of Judges after retirement is left to their own
"wisdom" - so the ball is at the feet of ex-Judges and soon-to-be retiring
Judges, and my only hope is that until some rules of conduct are in place,
Judges will do the right thing by not joining law-firms and/or private companies
and/or accepting certain government appointments in the interest of preserving
the public perception that the Malaysian judiciary is independent.
The prosecution had presented all its evidence - and the court had to decide whether Najib was to be acquitted(without having to call Defence) because the prosecution has failed to convince the court that Najib is guilty and ought to be convicted.... OR NOT.
If the court decided that the prosecution has convinced the court that Najib ought to be convicted - and will be convicted if Najib fails to adduce evidence sufficient to raise a reasonable doubt, the the court will decide that Najib will have to present his evidence to try to change the mind of the court.
beyond reasonable doubt that Najib is guilty?
It is a well-established principle of Malaysian criminal law that the
general burden of proof lies throughout the trial on the prosecution to
prove beyond reasonable doubt the guilt of the accused for the offence
with which he is charged. There is no similar burden placed on the
accused to prove his innocence. He is presumed innocence until proven
guilty. To earn an acquittal, his duty is merely to cast a reasonable
doubt in the prosecution case...To earn an
acquittal at the close of the case for the prosecution under s. 173(f)
or s. 180 of the Criminal Procedure Code, the court must be satisfied
that no case against the accused has been made out which if unrebutted
would warrant his conviction (Munusamy v. PP ). If defence is
called, the duty of the accused is only to cast a reasonable doubt in
the prosecution case. He is not required to prove his innocence beyond
reasonable doubt. - kes Mohamad Radhi bin Yaakob v. Public Prosecutor
It therefore follows that there is only one exercise that a judge sitting alone under s. 180 of the Code has to undertake at the closeof the prosecution case. He must subject the prosecution
evidence to maximum evaluation and ask himself the question: If I
decide to call upon the accused to enter his defence and he elects to
remain silent, am I prepared to convict him on the totality of the evidence contained in the prosecution case? If the answer is in the negative then no prima facie case has been made out and the accused would be entitled to an acquittal. - Gopal Sri Ram HMR (pada ketika itu) menyentuh isu yang sama dalam kes Looi Kow Chai & Anor v. Public Prosecutor [2003]
TODAY, November 11 2019, Court decided that Najib must enter his Defence...
What can happen after this? Few possibilities..
1 - Najib will proceed to call his witnesses and the trial continues...to the end...OR
2 - Najib may try to appeal against this November 11 High Court decision...
Now, if the trial continues, Najib will have to call his witnesses to give evidence
Will Najib be a witness?
Well, an accused person has 3 choices
1- Remain silent...
2- Take the stand as a WITNESS, which also means that he will be subject to cross-examination by the prosecution
3 - OR simply give a statement from the dock (here no cross-examination) - Anwar in his past trials chose this 3rd option?
We have to wait and see what Najib will do...
One media report seems to say that Najib will not appeal but will proceed with trial - and Najib will also take the stand as a witness(the 2nd option listed above)...
Now after the Defence has called its witnesses, adduced evidence and closed their case, the JUDGE will decide again whether the prosecution has managed to prove beyond a REASONABLE DOUBT that Najib is guilty...and if so, then Najib will be convicted and sentenced.
However, after Najib presents his witnesses/evidence, Najib manages to raise A REASONABLE DOUBT, he will be acquitted - found not guilty..
The legal standards for a criminal trial is very high ...many a guilty can easily escape simply because judge/s find that prosecution failed to prove BEYOND REASONABLE DOUBT...
Former prime minister Najib
Razak has been slapped with three counts of CBT, three counts of
money-laundering and one count of power abuse in his SRC International
trial. – The Malaysian Insight pic by Seth Akmal, November 11, 2019.
NAJIB Razak has been ordered to enter his
defence in the SRC International Sdn Bhd trial on charges of
misappropriating RM42 million from the former 1Malaysia Development Bhd
subsidiary.
Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali made the
ruling this morning after finding that the prosecution has successfully
established a prima facie case against the former prime minister.
Najib has chosen to give sworn testimony from the witness stand, after which he will be cross-examined by prosecutors.
The hearing dates have been fixed from December 3 to 19.
The 66-year-old Najib’s seven criminal charges – three counts of
criminal breach of trust, three counts of money-laundering and one count
of power abuse – are linked to RM4 billion in loans issued to SRC
International in 2011 and 2012, for which he is accused of receiving
RM42 million in his personal accounts in 2014 and 2015.
“Because of his position as (the then) prime minister and finance
minister, the accused was able to cause the arrangement of SRC
International… to be a vehicle to be utilised by him for his private
advantage,” said Nazlan when delivering his oral judgment, which took
nearly an hour.
He said the prosecution has established a prima facie case for the
power abuse charge under Section 23 of the Malaysian Anti-Corruption
Commission Act 2009, CBT charges under Section 409 of the Penal Code,
and money-laundering charges under Section 4(1)(a) of the Anti-Money
Laundering and Anti-Terrorism Financing Act 2001.
Evidence submitted by the prosecution showed that Najib abused his office for the purpose of obtaining gratification, he said.
He said the evidence showed that Najib, in cabinet meetings in 2011
and 2012, used his position to set in motion the approval of up to RM4
billion in loans from Retirement Fund Inc to SRC International. It is
from these loans that the RM42 million eventually made its way into
Najib’s AmBank accounts.
Nazlan added that SRC International was “no ordinary” company, as Najib was named its adviser.
He said the entity was deprived of RM42 million, and that the
evidence pointed to the money being a “wrongful gain” as Najib had
issued cheques for the amount.
Despite Najib saying he was shocked at discovering the money in his
accounts, he did not order anyone to lodge a police report or file a
suit against the bank for irregularities, said the judge.
He said the crime of misappropriation occurred when the funds left
SRC International and before entering Najib’s accounts, as the former
prime minister had been placed in charge of the firm.
“In light of the summary at the end of the prosecution stage… in my
judgment, the prosecution has established credible evidence (on the use
of the accused’s) position for self-gratification, three CBT charges and
three money-laundering charges. If not properly rebutted, these would
result in a conviction.”
Najib, dressed in a dark grey suit and an orange tie, remained
expressionless, while his supporters stayed silent when Nazlan made the
ruling.
Present in the public gallery were Najib’s daughter Nooryana Najwa,
opposition leader Ismail Sabri Yaakob, former Jerai MP Jamil Khir
Baharom and about a dozen backers.
The prosecution’s case in the SRC International trial saw 57
witnesses testifying over 57 days between April 3 and August 27. The
prosecution tendered more than 750 exhibits, including bank documents
relating to Najib’s accounts, cash transactions, meeting minutes and
Blackberry Messenger chats on his transactions.
In all, Najib faces 42 charges, spread out over five criminal trials.
The ongoing 1MDB proceedings involve the biggest sum – RM2.282 billion that he allegedly received between 2011 and 2014.
For his yet-to-be-heard trials, Najib faces six counts of CBT
involving RM6.6 billion in government money paid out to settle debts
with Abu Dhabi sovereign wealth fund International Petroleum Investment
Company, one count of power abuse for tampering with the 1MDB audit
report and three counts of money-laundering involving RM27 million in
SRC International funds.
The trials will proceed one at a time, as Najib’s right as an accused
requires that he be present for all trial hearings, as well as those on
interlocutory matters, to ensure fair proceedings.
The burden of proof is on prosecutors, who must prove that Najib is
guilty beyond reasonable doubt. Till then, he is presumed innocent. –
November 11, 2019. - Malaysian Insight
Tanjong Piai - Sedih sekali tidak kita lihat media membuat lapuran yang boleh memperkenalkan semua calun kepada pengundi... Yang saya lihat, hanya calun Pakatan Harapan dan Barisan Nasional yang banyak dapat liputan..
Racism - sifat perkauman masih wujud di kalangan ahli dan parti politik. Bila seseorang itu merujuk kepada 'pengundi Melayu'...'pengundi Cina'...'pengundi India', ini mungkin dikatakan memupuk perbezaan berasaskan ethnik...
Kenapa pula perlu ada ceramah/himpunan untuk pengundi Cina...pengundi India, di mana mereka yang hadhir ceramah sedemikian biasa ahli politik dari kumpulan ethnik berkenaan..
Isu pengunaan SOSMA baru-baru ini, ahli politik yang keluar membantah biasanya ahli politik yang berketurunan India > Mengapa? Kenapa ahli politik lain kurang bersuara?
Isu kerjasama UMNO dan PAS menyokong calun BN dari parti MCA merupakan isu remeh...bukankah bila dalam pembangkang dahulu parti lain juga adakan 'pakatan menghadapi pilihanraya' - yang tidak bererti apa-apa > ia taktik lojik cuba menang pilihanraya...Kefahaman PAS-BN kini bererti bahawa mereka mungkin tidak akan meletakkan calun sendiri setiap kawasan pilihanraya...dan juga akan bantu calun 'pakatan' menang dalam perlawanan dengan calun parti kerajaan...
Pakatan Harapan - kenapa masih belum didaftarkan dan mengunakan satu logo? Adakah perancangan menubuhkan satu entiti, Pakatan Harapan sudah dilupakan? Adalah PH akan kekal jadi hanya pakatan informal untuk tujuan menubuhkan kerajaan dan bertanding pilihanraya?
Pakatan Harapan masih 3 parti(Amanah,DAP dan PKR) di mana keahlian dibuka kepada semua rakyat Malaysia dan satu parti di mana keahlian dibuka untuk mereka dari satu gulungan ethnik..Parti Pribumi Bersatu Malaysia (Bersatu). Harapan saya adalah bahawa BERSATU juga akan buka keahlian kepada semua rakyat Malaysia...
Justeru, saya percaya kini Karmaine Sardini sebenarnya calun BERSATU, yang mendapat sokongan parti-parti lain dari gabungan Pakatan Harapan.
Jadi, PRU akan datang, apakan logo atau nama parti akan digunakan - PRU lepas pakai nama dan logo PKR...akan datang DAP atau Bersatu atau Amanah..
SIAPA AKAN MENANG?
Secara lojik, parti yang memeintah Negeri dan parti yang menubuhkan kerajaan Persekutuan ada kelebihan - Semasa BN memerintah, kawasan Parlimen dan DUN di mana parti pembangkang menang, nampaknya seolah-olah mereka ketinggalan dalam aspek pembangunan dan peruntukan. Justeru pemikiran atau lojik sedemikian masih dalam kepala minda pengundi ...justeru PH ada kelebihan walaupun pengundi Tanjong Piai mungkin sudah tidak lagi menyokong PH...di mana ini mungkin akan ditunjukkan semasa PRU akan datang. Ingat PH juga mempunyai ciri sama saperti BN - MP dan/atau ADUN dari parti pembangkan terus tidak dapat peruntukkan sama dari kerajaan..
Pemilih yang kurang memerlukan bantuan kerajaan atau 'jasa baik' kerajaan untuk diri sendiri akan melihat isu besar...kepentingan rakyat Malaysia, isu keadilan... dan mereka akan mengundi berasaskan nilai atau isu besar ini... Tetapi masalahnya adalah pilihan? Calun BN bukan pilihan berdasarkan apa yang berlaku sebelum ini bila mereka memerintah...Calun PH - selepas lebih satu tahun lebih tak banyak berubah... Apa alternatif - mungkin calun Gerakan(yang telah meninggalkan BN)...Calun lain - media tak membantu dan pengundi tak mengenali mereka atau pendirian mereka...INI satu sebab mengapa tempuh kempen harus panjang tidak kurang daripada 30 hari...untuk berlaku adil kepada semua calun..
Reformasi PILIHANRAYA - setakat ini tak ada apa-apa yang berlaku kecuali penukaran orang dalam Suruhanjaya pilihanraya ...Isu guna wang dan jentera kerajaan untuk kempen atau dapatkan sokongan calun PH - tidak ada apa-apa tindakan pun sehingga kini. Tempuh kempen masih pendek .sama saperti era BN..
Rakyat mengundi PH untuk reformasi pembaruan --- tetapi tindakan mereka masih saperti BN dulu
- tak ada pilihanraya kerajaan tempatan(Majlis Perbandaran, DBKL,...) - masih lantikan politik),
- tak ada pilihanraya peringkat kampung dan taman - masih lantikan politik
- Pengarah syarikat milik kerajaan atau GLC - masih lantikan politik. {Gaji dan elaun pun mungkin sama...terlalu banyak?) - Undang-undang memerlukan Ketua Audit Negara audit syarikat sedemikian dan bentang di Parlimen pun belum dibuat ...Apa yang berlaku dalam SRC, 1MDB dan ...masih boleh berlaku kerana sehingga kini TIDAK ADA undang-undang atau peraturan baru???
- Perhimpunan Aman > pindaan remeh saja mengurang tempuh notis dari 10 hari kepada 5 hari ...dan halangan tak adil masih kekal...(Keadaan lebih teruk - nelayan dibenarkan adakan perhimpunan aman dengan SYARAT tak lebih 1,000 > Saya tak pernah dengar syarat sedemikian dalam era BN yang menghadkan jumlah mereka yang boleh keluar mengadakan protes aman > Berapa ramai, yang tak dibenarkan hadir, telah nafikan HAK PERHIMPUNAN AMAN - Jika 10,000 mahu protes, mungkin kena adakan 10 perhimpunan aman - Isnin 1,000 ribu pertama, Selasa 1,000 yang lain, Rabu 1,000 yang lain...cukup BODOH jika buat cara ini??? Kalau ramai hadhir, berpuluh ribu beratus ribu...objektif mendapat liputan dan sampai kepada pengetahuan ramai tercapai...kerajaan juga akan sedar bahawa ini bukan isu yang ada sokongan 1,000 saja ...tetapi lagi ramai...BERSIH...HINDRAF... kalau bilangan kecil,,,tak dapat mengerakkan kerajaan untuk bertindak...Lihat _Penang fishermen peaceful assembly only allowed if NOT MORE than 1,000? Totally unjust?
- Tahanan Tanpa Bicara Masih Belum Dihapuskan
- SOSMA belum dihapuskan..
- AUKU, Akta Pertubuhan...banyak perundangan tak adil masih wujud..
- Harapan pekerja untuk gaji minima RM1,500 juga tak menjadi - gaji minima hanya ditambah kepada RM1,100 saja..
PH telah melakukan beberapa perkara - bagus kes-kes rasuah lebih banyak disiasat dan ada banyak kes kini termasuk kes Najib, dll
Keutamaan nampaknya adalah untuk memperbaiki kedudukan ekonomi negara ...mengurangkan keberhutangan tetapi ...
PUTUS ASA rakyat semakin hari bertambah - kepercayaan kepada perubahan - penambahan hak dan keadilan tergugat...mungkin menunggu kemunculan parti politik BARU yang akan menjadi alternatif??
Bekas MP Tanjong Piai - Md Farid Md Rafik. Cuba buat carian laman web - More than RM14 million have been spent on Prime Minister Dr Mahathir
Mohamad’s official overseas trips in the past year, revealed Deputy
Minister in the Prime Minister’s Department Md Farid Md Rafik.adakah apa-apa berita tentang isu yang beliau timbulkan atau berjuang untuk ...atau yang beliau buat? Lapuran media hanya mengenai ap yang dia kata sebagai Timbalan Menteri - siapa pun yang menjadi Timbalan Menteri boleh kata demikian...Isu atau pendapat peribadi? Justeru, apakah legasi beliau? Pak turut - tak timbul apa-apa isu atu berjuang untuk apa-apa untuk rakyat atau penduduk Tanjung Piai...Kini banyak berita bahawa beliau pernah minta ini dan itu untuk Tajung Piai - benar atau tidak sukar dipastikan?
The government will not bow to any pressure to accelerate the
ratification of the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), says Deputy Minister in the
Prime Minister’s Department Datuk Dr Md Farid Md Rafik. - 11/11/2018
Deputy Minister in the Prime Minister’s Department Dr Md Farid Md
Rafik said the government assured that all forms of restructuring and
study on retirement benefits and pension schemes for civil servants
would not affect existing retirement benefits and facilities despite the
government’s financial constraints.“As of October 2018, the government had a total of 824,235 pension
recipients with total expenditure for the 10 months of this year alone
amounting to RM24 billion.
Apa yang MALAYSIA perlukan adalah wakil rakyat yang ada suara dan pendapat sendiri - bukan hanya 'orang setia' atau pak turut kepimpinan parti? Adakah beliau adakan apa-apa konsultasi dengan penduduk Tanjong Piai? Adakah beliau berikan taklimat dan lapuran kepada pengundi? Atau selepas menang ...dia hanya jalankan tugas Timbalan Menteri saja???
Rakyat mesti memilih wakil rakyat yang BERANI mendedahkan pendapat peribadi (atau pendapat rakyat yang mereka mewakili) walaupun ia bercanggah dengan pimipinan parti atau kerajaan..Adakah dia wakil rakyat ...atau hanya wakil Pakatan Harapan?
Siapa menang atau siapa kalah di Tanjong Piai akhirnya tidak akan membawa apa-apa penukaran drastik kepada kerajaan PH peringkat Persekutuan atau peringkat negeri > Hanya MALU kepada PH...
Calon Pakatan Harapan (PH), Karmaine Sardini - apakah isu atau pendirian beliau.. sedih bila dia cuba timbulkan isu 'perkauman' bila mendakwa UMNO(parti Melayu) dan PAS(parti Islam) dipergunakan oleh parti MCA(parti rakyat Malaysia keturunan Cina) - Adakah ini ISU? Cara parti-parti pembangkang mengatur jentera pilihanraya mereka bukan isu besar pun - apa kata anda?
Cuba semak internet mengenai "Karmaine Sardini" - apakah sejarah perjuangan rakyat beliau...Cuba siasat juga mengenai calun lain...Adakah terdapat mana-mana calun yang mempunyai sejarah berjuang untuk isu atau hak rakyat atau rakyat setempat? Isu pekerja? Isu alam sekitar? Tak ada??? Kalau tak ada sejarah perjuangan, adakah mereka setelah dipilih sebagai wakil rakyat akan mula bersuara atau berjuang????
Karmaine dakwa UMNO dipergunakan
KHAIRIL ANWAR MOHD AMIN | | 8 November 2019
Karmaine membonceng motosikal ketika berkempen di Kampung Tengah Dua, Pontian hari ini. - FOTO SHARIFUDIN ABDUL RAHIM
PONTIAN - Calon Pakatan Harapan (PH), Karmaine Sardini menyifatkan UMNO dipergunakan calon MCA untuk berkempen sepanjang Pilihan Raya Kecil (PRK) Tanjung Piai.
Beliau berkata, berdasarkan pemerhatiannya, sepanjang berkempen di kawasan keramaian hanya pihak UMNO yang bersemangat berkempen untuk MCA, sedangkan calonnya, Datuk Seri Dr Wee Jeck Seng sering tidak kelihatan.
“Yang saya selalu tengok jentera Barisan Nasional (BN) apabila berkempen, tiada calon dia datang. Cuma yang datang dan bekerja orang-orang UMNO.
“Kalau program masuk rumah itu saya tidak tahu tetapi saya nampak di pasar lambak atau pasar malam memang orang UMNO sahaja banyak berkempen.
“Nampak UMNO dengan Pas sahaja yang pulun, belum nampak jentera MCA bekerja untuk calon,” katanya kepada pemberita sewaktu ditemui di Surau Kampung Tengah 2, Teluk Kerang di sini hari ini.
Karmaine berkata, beliau turut bersetuju dengan pendapat Presiden Parti Pribumi Bersatu Malaysia (Bersatu), Tan Sri Muhyiddin Yassin bahawa pengundi Cina akan kekal mengundi PH biarpun mereka tidak gembira dengan keadaan ekonomi semasa.
Beliau turut mengakui perkara itu merupakan cabaran untuk mengekalkan kerusi ditinggalkan bekas Timbalan Menteri di Jabatan Perdana Menteri, Datuk Dr Md Farid Md Rafik.
“Bagaimanapun, di lokasi saya temui pengundi Cina terutama kedai kopi, cerita pengundi Cina hendak tinggal PH tidak wujud,” katanya.
Mengenai perjalanan kempen PRK, Karmaine mengakui hanya mampu tidur tiga jam dan mula keletihan.
“Satu perkara menarik ialah ramai bekas anak murid saya kembali menemui dan menyokong hasrat saya bertanding di kampung halaman.
“Berdasarkan pertemuan saya dengan ramai pengundi meliputi keseluruhan 27 peti undi, saya teruja pengundi Melayu semakin menerima saya dan yakin mampu memenangkan parti," katanya.- Sinar Harian, 8/11/2019
This is how Tabung Haji lost RM10bn
-
Mr Money TV breaks down the massive Tabung Haji scandal following the
declassification of the report by the royal commission of inquiry. How did
a fund c...
BN-PN topple PH in Negeri Sembilan
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The Negeri Sembilan state assembly has 36 seats. Actual results: BN 18
seats + PN 7 seats = 25 seats PH 11 seats Ilham Centre’s prediction: Ong
Kian Ming’s...
APA PADA NAMA
-
1. Sejarah Malaysia dikait rapat dengan UMNO, Parti Kebangsaan Melayu
Bersatu. Parti UMNO pula dikenali dengan pemimpinnya. 2. Demikian di
peringkat permul...
China and HK may be barred from Asia Team meet
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PETALING JAYA: The status of next week’s Asia Team Champion-ships in
Manila, the Philippines, is in quandary as two badminton nations – China
and Hong Kong...
PRU14 - Keputusan TEMERLOH - Parlimen dan DUN
-
Keputusan di Temerloh, harus kita analisa
1- Parlimen dimenangi Pakatan Harapan, yang juga menang DUN Mentakab,
tetapi BN menang DUN Lancang dan DUN Kuala ...
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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