Showing posts with label Judiciary. Show all posts
Showing posts with label Judiciary. Show all posts

Wednesday, February 18, 2009

Anwar Ibrahim's Favourite Game: (Political) Dodgeball!

Dodgeball is an American game. In this game, balls are thrown by players of opposing teams at each other, there's a lot of running around 'dodge'-ing balls and much throwing of balls back and forth with players being pulled in and out of bounds... it's complicated. Nevertheless, once you've read this Wiki description of dodgeball, you will appreciate what I have to say about Datuk Seri Anwar Ibrahim's skills as a political dodgeball player.

DS Anwar's dodgy... hahahaha... very droll...

Anwar is very adept at running very fast from nasty looking political 'balls'. Even if he is not successful he makes a good run and dodge of it! Examples, from the more recent to the not so:
  1. He missed the opening of the recent Parliament, where DYMM YDP Agong pretty much endorsed the transition of power from Pak Lah to Najib. This was a subtle 'dodge', as I'm sure the cameras would have focussed on his face to try and catch a 'jeling' or some look on his face... Subtle or not, Anwar 'royally dodged' this.

  2. His being 'in the Middle East' during the above is also a proper dodge as people had been claiming that as Parliamentary Opposition Leader, he was going for a CONFIDENCE vote of Pak Lah. What better way to dodge that than to be thousands of miles away! This is a 'international dodge'.

  3. Anwar most famously ran to the Turkish embassy when pursued by the police on the Saiful Homosexual Rape case. He ran so fast, he not only dodged the police, but also a vast majority of his supporters, who didn't know where he was for a while! I call this his 'diplomatic dodge'.

  4. Whilst dodging Saiful's claims, Anwar also dodged and continues to dodge questions on his poor ability to get BN 'Wakil Rakyat' to 'lompat' to Pakatan Rakyat en-masse as he claimed he could last year. This, together with his DAP chums' loss of Perak due to his ADUNs hopping the other way to BN, and his dodge of responsibility for that, makes him an artful 'political dodger'...

  5. Anwar dodged claims that he was acting over the severity of his back problems by dodging off to Germany for 'special back surgery'. I have had 2 spinal discectomies LOCALLY, so I find Anwar's claims to be highly dodgy... this is clearly a 'medical dodge'.

  6. Anwar dodged claims of past corruption by now being 'reformed'. HOI! Past crimes are still PAST CRIMES! They still need to be punished or at least clarified if truly innocent. If not, then might as well employ thieves, murderers and robbers as policemen... This shows off Anwar's 'moral dodge' technique.

  7. Anwar continuously dodges claims that he's awful at economics, despite his dismal failure as Finance Minister, especially during times of crisis. He famously presided over the US$ BILLIONS of Bank Negara's forex losses in the mid-90's (dodging by blaming the then Bank Negara Governor), then almost ran the economy into the ground with IMF-esque techniques during the late 90's crisis! His friends got rich though! An 'economic dodge' he is!

  8. etc.

  9. et. al.

  10. ad nauseum...

And the list goes on, but from the above, we have already established Datuk Seri Anwar Ibrahim is a politically, economically, diplomatically, morally, medically and even internationally dodgy fellow! No wonder then that from the outset we identified him as being royally dodgy!

So, with him at Pakatan Rakyat's helm, what are the chances of them winning the case that YB DS Nizar has brought upon YB Dato' Zambry that some have claimed as being politically dodgy? Actually, I'm willing to give the judge a chance, as even the famous Datuk Ariffin Jaka was a PAS strongman once!

However, prepare yourselves for another great dodge from the master DS Anwar himself if Dato' Zambry wins the case. It is after all in Anwar's nature to be dodgy...

Sunday, November 09, 2008

Apologies To Tun Salleh & The Other SACKED Judges, I Was Wrong...

I had made the error some time ago of accepting a number indicated by a sitting MP of the amount of ex-gratia payment given to Malaysia's most famous group of SACKED judges. I was actually inaccurate. They did not get paid RM1.5 Mill each resulting in a sum of RM9 Mill of extra tax-payers' money going their way, they were collectively paid more!

Actually, sorry also to three of the judges in particular, as they actually got 1 Mill less than I reported. A couple of them got more than was reported, whilst one ex-judge got A LOT MORE! How JUST! Well what else can you expect from Pak Lah's inspired choice of an ex-minister, Dato' Zaid Ibrahim, who's now struggling to answer some interesting questions... was he trying to please the Bar Council?

Perhaps Dato' Zaid would take some solace from the fact that his 'successor' isn't doing too well on this issue either...

Monday, June 23, 2008

Unjust RM 1.5 Million Ex-Gratia Payment To Ex-Justices

I was at a forum in Teluk Intan on Sunday where at long last, an MP revealed what he understood to be the amount awarded as Ex-Gratia payment to the Tun Salleh Abas and his chums. RM1.5 MILLION EACH!

Why RM 1.5 Million to these ex-justices? At a time when the government is cutting back on spending, affecting us the rakyat, why give these ex-judges such high ex-gratia payments when:
  1. The case that led to their dismissal has not been properly over-turned in court.
  2. Those that were dismissed actually still received their pensions, out of kindness of the ex-PM.
  3. Now I hear that some of those who didn't even get dismissed are getting this ex-gratia payment! For what!

When you then see a couple of these unjustly ex-gratia-ed ex-judges attacking Tun Dr M as part of Pak Lah's defence, one wonders... is the ex-gratia payment really a RM 1.5 Million BRIBE? Wonder on whilst mulling over this observation by the son of arwah Tan Sri Wan Adnan, a judge with real integrity.

Monday, May 05, 2008

Raja Petra's Show-Boating A Little Much?

I am a friendly acquaintance of Raja Petra and if we spent more time with each other, I am sure we would be friends. His nice wife Marina's company at least well compensates for some discomfort I sometimes do feel when Pet is 'on song'. As all good aspiring friends, we are quite open with our differences I feel.

However, I do not agree to
his apparrent show-boating by refusing to post bail until his Oct 6 trial on sedition. It will not do anyone any favours and the fact that the bail required was just RM5k, which RPK could afford, makes it worse! It would be a distraction against more pressing issues facing the nation, like removing Pak Lah, disrupt open debate on the web on these same issues and claim personal cost to people who's passions are better focussed elsewhere... this includes RPK himself.

I know there must be some twisted logic to your madness this time too Pet, but this will have to be one of those many occassions we disagree... looking forward to a chat over coffee on this some time soon... my treat of course...

Sunday, April 20, 2008

Hah, Tun Salleh? Siapa Tu? Melayu Macam Mana?

Gebung-gebang dalam media baru-baru ini tentang Tun Salleh Abas lah, betapa Pak Lah nak bayar duit 'ampun' lah, nak betulkan salah-silap akhir dekad 80'an lah... apa ni? Anak-anak muda sekarang ramai tertanya-tanya, apalah penting sangat soal menyelesaikan perkelahian lebih 20 tahun lalu, sehingga masalah masyarakat kurun ke-21 ini tidak terlihat diutamakan dahulu?

OK lah, Pak Lah nak sangat kita bincang tentang perubahan kehakiman, kita bincang. Sekarang akan diadakan suruhanjaya untuk mencalonkan nama hakim. Tetapi calon-calon hakim tersebut masih harus dipertimbangkan untuk dicadangkan oleh PM bagi diperkenankan perlantikan oleh DYMM YDP Agong kan? Jadi perbezaan BESAR dalam proses ini apa sebenarnya?

Mungkin yang bezanya adalah siapa yang mencalonkan hakim? Tapi yang mencalonkan hakim sekarang adalah Ketua Hakim Negara. Itu pun pasti dengan dibincangkan dahulu bersama-sama para hakim tertinggi yang lain. Tak layak ke hakim-hakim yang sedia ada mencalonkan hakim-hakim baru? Yang dimasukkan sebagai orang-orang baru untuk mencalonkan hakim ini siapa?

Kawan saya membuat pemerhatian yang pada majlis bersama Tun Salleh Abas dan Dewan Peguam di mana pengumuman tentang suruhanjaya tersebut dilakukan, terlihat begitu ramai hadirin yang ada merupakan ahli Dewan Peguam, kebanyakannya berbangsa India dan Cina. Yang Melayunya beberapa kerat sahaja. Jadi kenapakah peguam-peguam bukan Melayu tersebut begitu bertepuk-sorak gembira apabila Pak Lah mengumumkan penubuhan suruhanjaya tersebut?

Oooh, cakap sahajalah Pak Lah... Pak Lah nak beri lebih banyak hak memilih calon hakim kepada peguam-peguam bukan Melayu. Nak kurangkan sedikit pengaruh para hakim Melayu yang beragama Islam dalam memilih hakim-hakim di masa akan datang. Sebab itulah Dewan Peguam begitu meraikan pengumuman Pak Lah. Dengan cara ini, boleh lah mereka mempengaruhi pemilihan calon yang sealiran dengan mereka, yakni sekular, anak buah firma besar, Hadhari...

Bukankah Dewan Peguam sama yang dengan begitu keras membantah cadangan bekas Ketua Hakim Negara, Tun Fairuz Sheikh Halim supaya diserapkan lebih banyak pendekatan syariah Islam ke dalam undang-undang negara sempena 50 tahun Merdeka? Dewan Peguam inilah yang menyokong sangat kes Lina Joy dulu dan macam-macam lagi lah.

Jadi di manakah generasi Muda Melayu dan umat Islam Malaysia dalam mempengaruhi perubahan dalam sektor guaman, kehakiman, perundangan dan menegakkan keadilan di Malaysia? Tergadai teruskah kuasa kita? Semata-mata kerana asyik memerhati atau terlalu melulu taksub bersorak di tepi gelanggang perkelahian tokoh-tokoh tua tentang hal-hal yang semakin tiada makna?

Di manakah suara kita yang seharusnya membantah hakisan kuasa dan pengaruh Islam pada badan kehakiman, yakni salah satu dari 3 tiang kekuasaan Melayu di Malaysia? Kini kita cuma tinggal kuasa yang akan menentukan bangsa...

Monday, January 21, 2008

And The Winner Of The Lingam Inquiry Is... Pak Lah?!

In case you are out of touch, this piece is not about the popular chilli sauce brand of the same name... of course I'm talking about the VK Lingam video inquiry! True to my tradition, I jump in as people are getting a little less excited... no scrap that, I can see some people are probably more excited, but generally, everyone is getting more 'blur' about the whole inquiry.

As to how I am 'blur', as an Energy Economist, I wish to understand who benefits from the Royal Commission of Inquiry on the VK Lingam Video*. I mean come on, for what other reason would anyone pursue anything... to gain. We the public certainly wish to gain more insight on what the guy who looks like and talks like VK Lingam in the video is talking about.

But hold on, why do I as a member of the public want to know more about what he's talking about? Ah, perhaps I wish to be assured of the independence of the judiciary. Mmm... independence from what? Crime and criminal elements? Bias? Sure, this is of material concern to me. But the inquiry is on the appointment of judges. So how again is this going to benefit me?

Are our judges releasing criminals from judgement? No? Or perhaps we dislike some of their judgements. Are they too harsh or too lenient? Maybe they judge on principles we disagree with. Or maybe we don't like how they look, you know, in photos that show they may be biased. OK, I'm not really sure now why we don't like how judges are chosen, but lets just change the person picking them!

But the trial isn't about judges picked by Pak Lah, who as PM, currently does the picking of these judges. It's about judges picked by the former PM, Dr M. So the inquiry is about how the person who is no longer picking judges picked judges. OK, so why are we pursuing this? Ah, maybe by chasing the old PM we can make an example of him for the current and future PM.

Many people say Dr M seemed 'blur' also during his testimony, but...

I actually don't recall any major public outcry on judge appointments or any time the Malay Rulers did not approve Dr M's choice of judges when he was in power. OK, the Bar Council sometimes complained, but they're lawyers... A lot of noise over Tun Salleh Abbas' dismissal as Lord President, but the Agong consented even with that. No major issues on judicial appointments though.

Dr M testified that it was his perogative to choose whomsoever he pleases to be a judge. This is of course true. This is one of the functions we voted him in to perform as PM. And constitutionally, I suppose Dr M could have picked the man who used to sell him Apam on the recommendation of a regular Pekan Rabu beggar to be Chief Justice... assuming the Agong agrees of course.

From Dr M's testimony, Lingam's would have been just one of many voices he listened to. I would personally have chosen to investigate Dr M's driver - Dr M would have been listening to him all the time! Dr M listened to people and picked judges, it was his job, and if we didn't like how he picked judges, we should have voted him out no? But its too late! So, how does this inquiry benefit us again?

Actually, this being the Lingam inquiry, it should have come as no surprise to me that Lingam's testimony cause me to 'blur' the most. First, he claimed he did not know of any recording. The persons recording (businessman Loh Mui Fan and son) claimed it all happened, but now we have a case of he said-they said. Then of course, we have him saying he could have been drunk and talking rubbish.

Technical analysis proved that it was Lingam's voice on the tape (hence, "talks (rubbish) like me"). However, no one can say who was on the other side. (The person who looks like) Lingam on the video said (like Lingam) it was ex-Chief Justice Fairuz. Lingam testified he didn't know who it was. Is this rubbish? Was Lingam drunk when he testified? Is he drunk and talking rubbish all the time?

Now, if no technical evidence emerges to prove that Tun Fairuz was the person on the other line, the case will basically come down to this:
  • Even if Lingam was the person who looked and talked like him on the video, he may have been talking rubbish
  • He may have been talking rubbish to his brother (who is supposed to be nuts and hates Lingam) or someone else whilst claiming it was Tun Fairuz
  • His recommendations would be just one of many sorts of rubbish thrown at Dr M on which judges should be picked
  • Dr M is just as likely to pick anyone based on any old rubbish reason anyway as a judge for royal consent, and this would not be a crime

So, how would we benefit from knowing all this? Still blur...

Whilst we continue to blur on this, may I suggest we mull over who would definitely benefit from this trial:

Loh Mui Fan and son - actually I don't know how they benefit, but one does wonder... If he cared about the nation, the video would have come out years ago. Why didn't someone in the inquiry ask this question? The guy is a businessman who likes to bring wine to Lingam's house, perhaps because he enjoyed Lingam talking rubbish. So how does he benefit from this video's release now?

Anwar Ibrahim - The most publicity hungry politician in Malaysia was responsible for distributing the tape, and we thought it was for publicity. What he hopes to gain is apparent now that his lawyer is trying to get the inquiry to consider events in 1999. He's still gagging to clear his name from the corruption conviction (He's corrupt? No...) and the stain of being... you know (technically innocent though!).

The Malaysian Bar Council - They were the loudest in demanding the shortening of Tun Fairuz's tenure as Chief Justice. So, they must now prove that they were right, that Tun Fairuz was guilty of being under the influence of Lingam's rubbish. However, if the inquiry found Tun Fairuz likely to be innocent...

Pak Lah - Pak Lah? Sure, it's obvious he would benefit. Why would his government be allowing this rubbish to proceed without hindrance otherwise? Why is government controlled media covering this in such detail if he isn't benefiting? Having everyone focus on this historical rubbish is distracting everyone from the most politically motivated judicial appointment in Malaysian history.

Tan Sri Dato' Zaky Tun Azmi, former deputy chief of UMNO's Disciplinary Committee, stalwart UMNO lawyer, a noted expert in constitutional and election law, was 'parachuted' by Pak Lah into the post of President of the Court of Appeals on 5th December 2007, 2 months after being injected to the Federal bench, bypassing some 80+ other judges of more judicial experience in the process.

This appointment of Pak Lah's would hence likely be Malaysia's Chief Judge some time in 2008.

This blog reference gives more (scarier) info: http://asme.wordpress.com/2007/12/06/new-chief-justice/

So, isn't it wonderfull for Pak Lah that as his party really takes control of the judiciary, everyone is busy looking at an inquiry over a potentially drunk lawyer talking rubbish? Ergo, Pak Lah is probably the biggest beneficiary of this inquiry!

There is one potential spoiler though. I understand Tun Fairuz is pissed-off over his name being dragged through the mud over this. I wonder what Tun Fairuz would reveal on the stand. Would he reveal his correspondence with Pak Lah on Tan Sri Zaky's appointment? Would he reveal the instructions over the appointment of judges for Anwar's successful appeal from the 'other' conviction?

How indeed would anyone benefit then... blur, blur... rubbish!

*Commission of Inquiry of the Video Clip Recording of Images of a Person Purported to be an Advocate and Solicitor Speaking on the Telephone on Matters Regarding the Appointment of Judges Under The Commissions of Inquiry Act 1950.

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