Wednesday 22 October 2008
RPK's Habeas Corpus hearing: Live Update
11:28 am: Judge Syed Helmi seems receptive to counsel Malik Imtiaz's argument on article 149 of the federal constitution impacting on Section 8 of the ISA that the Minister's act is ultra vires. Counsel Azhar Harun will address the court on mala fide after 15mins. break.
11:41am: Counsel Azhar Harun, the S-G's brother, challenges the Minister's grounds for detaining RPK on ISA based on mala fide.
12:33pm: The court was told that various affidavits by the minister and police themselves show clear mala fide, and case precedents support RPK's position. Earlier, the court was told that RPK was merely discharging his muslim duty of amar maaruf nahi mungkar as confirmed by the Perlis mufti and Tok Guru Nik Aziz in letters tendered to the court.
The hearing is ongoing.
Concerted Effort To Hasten the Demise of Syed Hamid
Under Malaysia Civil Right Actions Group, there is a concerted effort to hasten the demise of Syed Hamid as the Home Minister. I know many would rather using slippers to whack his bold head, but let's keep our raw emotion at bay, and work toward burying his political career. When we work in the concerted effort, we will assert our civil right and strengthen our civil society in the process.
You can find the detail on that concerted effort under Option 2 of the Action Proposal #003. If you need resources to execute the Option 2, please use this common resource depository . I have copied the Option 2 for your reference here:
********************
Option 2: Throw 1800 darts to hasten the demise of Syed Hamid Albar
This option requires each of us to do at least two of the following items:
Call PM office (03-8888 8000)
Write to prominent writers/bloggers
Call or meet a MP (Contact info is here)
Under this option, each of us also is required to influence two more friends to do the above.
In your meeting or email, please express your lost of confidence to the Home minister; You also feel ashamed as a citizen for having him in the Cabinet because of his utter incompetence in the case of explaining "arrest you under ISA for your protection" and dire mistake in arresting MP Terasa Kok without proper investigation. Then please express as a concerned citizen you would like him being fired by our "beloved" PM. The goal of writing to prominent writers/bloggers is to tell them the collective outrage and urge them (i.e. the 1st tier leaders) to write a more influential article to condemn Syed Hamid. Let's shine the spot light on Syed Hamid's incompetent with all means not limited to the case of RPK incarceration.
The goal of this collective action is to see if we can create a crack to eventually cause the demise of Syed Hamid. With 5 month left as PM, AAB (or his forth-floor boys) might find public outrage of Syed Hamid is actually a golden opportunity to show his gut and fire Syed Hamid as the scapegoat. It is quite common in politic of other part of the world where top leaders choose scapegoat from his lieutenants as a way to survive the blame. Firing Syed Hamid also provides AAB a chance to regain his reform (not that we want to give many hope on this) without much to lose. Why 1800 "darts" - it is derived from 250 potential second tier leaders with 20% improvement from previous action proposal; do the math. Lame duck premiers, such as Mikhail Gobachev in his last months in office, normally like to show his "people side".
Once Syed Hamid is removed, then our request to release RPK is easier fulfilled because BN Administration can then blame on Syed Hamid's incompetence. The story flows pretty good for the government.
Risk Analysis: no risk; we just execute our civic duty. The decision to fire Syed Hamid is still that of AAB. Remember to cheer AAB if he does eventually fire Syed Hamid and show he is the "man" -something he much crave for after being beaten up inside UMNO. We don't hate him, do we?
*************************
The above concerted effort is being conducted between Oct 19 - 23.
Regards,
Shiou
Mahathir: 'Saya bebas komen Umno walaupun bukan ahli'
Bekas Perdana Menteri Tun Dr. Mahathir Mohamad berkata, beliau bebas untuk memberikan pandangan tentang Umno termasuk mengkritik pucuk kepimpinan walaupun masih bukan merupakan ahli parti.
Dalam kenyataan balas kepada Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi tiga hari lalu, Dr. Mahathir berkata, "saya terkejut apabila Datuk Seri Abdullah Ahmad Badawi membuat kenyataan bahawa sebagai seorang yang bukan ahli Umno saya tidak berhak memberi pandangan saya terhadap apa yang sedang berlaku dalam UMNO."
"Saya teringat akan jawapan Tun Abdul Razak sebagai Presiden Umno dan Perdana Menteri apabila ditanya oleh pemberita tentang komen saya berkenaan Umno dalam tahun 1970.
"Beliau berkata sebagai orang yang bukan ahli Umno (saya telah disingkir oleh Umno pada masa itu) saya bebas berkata apa sahaja," kata beliau dalam blognya.
Dr. Mahathir juga menjelaskan tentang halangan yang beliau hadapi untuk mengadakan pertemuan dengan ahli-ahli Umno sejak kebelakangan ini.
"Saya hairan kenapa semasa saya masih ahli Umno setelah letak jawatan sebagai Presiden Umno saya juga tidak dibenar berjumpa ahli Umno dan pemimpinnya dari peringkat bahagian sehingga peringkat Majlis Tertinggi.
"Ahli Umno juga dilarang daripada menjemput saya untuk berucap dalam majlis UMNO atau menghadiri apa-apa majlis di mana saya akan berucap. Saya juga tidak dibenar berucap di Universiti. Jemputan kepada saya ditarik balik atas arahan orang tertentu dalam kerajaan dan parti.
"Yang mutakhir apabila saya dijemput oleh Kelab UMNO Melbourne dan saya terima untuk membuat ucapan berkenaan tajuk yang tidak menyentuh politik dalam negara, tiba-tiba Kelab Umno Melbourne menarik balik jemputan atas arahan Ibu Pejabat Umno," katanya.
Dr. Mahathir keluar Umno Mei lalu dan telah melahirkan hasrat untuk kembali ke pangkuan Umno baru-baru ini.
Kata Dr. Mahathir, adalah jelas sama ada ahli Umno atau tidak beliau tidak dibenar atau dihalang daripada memberi apa-apa pandangan berkenaan Umno atau berkenaan apa-apa perkara lain.
Sehubungan itu, kata bekas Presiden Umno, buat kali pertama beliau bersetuju dengan "orang Pak Lah" bahawa beliau berhak membidasnya.
"Buat kali pertama saya bersetuju dengan "orang Pak Lah" bahawa beliau berhak membidas saya, walaupun tindakan beliau tidak boleh ditafsir sebagai "elegant silence" Tun Musa. Tetapi sama da saya bidas balik adalah hak saya juga.
"Jikalau tak bersetuju dengan pendapat saya, itu juga hak masing-masing. Blog saya terbuka. Jika tidak memaki hamun blog saya terbuka kepada Pak Lah dan konco-konconya," katanya.
Pada Sabtu lalu, Abdullah membidas Tun Dr. Mahathir Mohamad sambil mendakwa bekas Perdana Menteri dan Presiden Umno itu berlagak seolah-olah pengarah pilihan parti yang menentukan "siapa yang perlu berada dalam parti Umno dan siapa yang perlu dikeluarkan."
"Dia berlagak seolah-olah menjadi pengarah kepada pilihan parti, menentukan orang itu memegang jawatan itu... orang ini pula memegang jawatan ini, siapa yang perlu ada dalam parti, siapa yang perlu dikeluarkan. Apa hak dia buat begitu?," kata beliau di Kota Kinabalu.
Perdana Menteri berkata, Umno tidak pernah memerlukan arahan daripada pemimpin yang tidak berada dalam parti itu.
Abdullah mengulas kenyataan Mahathir yang mahu perwakilan Umno "mengusir orang-orang Abdullah" dalam pemilihan parti itu Mac depan.
"Sebenarnya beliau mahu menimbulkan pergolakan, kemarahan dan kebencian.
"Apakah salah sangat orang-orang yang bekerja dengan saya. Apakah kalau mereka itu tidak bercakap atau tidak riuh-rendah maka itu mesti dianggap sebagai orang yang tidak baik...orang yang tidak pernah membuat baik untuk Umno dan kerajaan.
"Siapa dia yang membuat penentuan seperti itu. Ini akan menimbulkan kebencian sesama ahli Umno, mengajar ahli Umno bergaduh sesama sendiri," kata beliau yang jarang 'menyerang balas' Dr. Mahathir yang sering mengkritik gaya kepimpinan Abdullah sejak tiga tahun lalu.
Police Report Made To Reopen Invetigation Papers In Altantuya Murder
KUALA LUMPUR Oct 21 Okt (Bernama) -- Parti Keadilan Rakyat (PKR) Youth leader Badrul Hisham Shaharin today led a group of five persons from "Sekretariat Anak Muda Malaysia" (SAMM) to make a police report against Deputy Prime Minister Datuk Seri Najib Tun Razak in relation to the Altantuya Shaariibuu murder case.
Badrul, who acted as the group's spokesman, said they asked the police to reopen the investigation papers on the murder of the Mongolian woman and investigate their allegation that Najib misused his power and postion in the case.
Najib, who has become the target of various accusations since emerging as the sole candidate for the post of Umno president, has denied he has any connection with the woman.
The group made the police report at the Dang Wangi police district headquarters at about 1.30pm.
The group also alleged that they handed to police 21 pages of documents to support the allegation that Najib was involved in corruption in relation to the purchase of military equipment.
"We ask police to investigate Najib's involvement in the purchase of the Eurocopter helicopters when he was Defence Minister which saw a large amount of government money being invested," he said.
The Public Accounts Committee (PAC) had investigated the purchase of the French-German helicopters, to replace the more than 30-years old Sikorsky helicopters used by the Malaysian Armed Forces, following the various allegations of corruption.
Various quarters, at the same time, had supported the purchase of the long range choppers although they cost more than other models as they were of good quality and had sophisticated technology.
Badrul said the secretariat will also make a report to the Anti-Corruption Agency by tomorrow at the latest.
Dang Wangi police chief ACP Mohamed Zulkarnain Abd Rahman when contacted confirmed the report was made and said police will investigate.
-- BERNAMA
Son-in-law who rose too fast too soon?
Khairy's political fortunes have plunged; now he is fighting for votes
KUALA LUMPUR, Oct 22 - It would be an understatement to say Khairy Jamaluddin, the son-in-law of Prime Minister Datuk Seri Abdullah Badawi, has had a rough few weeks.
His political fortunes have plummeted from dizzying heights and the unthinkable has happened. He is struggling to qualify to contest the Umno Youth presidency when, not so long ago, it would have been his for the taking.
More than half the 191 Umno divisions have met to nominate the candidates and Khairy has picked up just 36 nominations. His nemesis Mukhriz Mahathir, son of former premier Tun Dr Mahathir Mohamad, has sped ahead with 64 nominations.
Khairy needs another three to qualify to run for the post, and he will get them. But it is startling how fast his star has faded. "Clearly, it appears as though I am the underdog candidate. It seems that Mukhriz is the favourite candidate now. I am going to persevere," he said, without betraying any hint of anxiety.
Indeed, he was surprisingly relaxed, and happy to talk about his year-old son Jibreil Ali Jamaluddin Abu Bakar whose photographs are displayed everywhere in his elegant office in the swanky Damansara Heights
neighbourhood.
He is married to Nori Abdullah, PM Abdullah's only daughter, whom he met seven years ago when they worked at a think-tank in Kuala Lumpur. They are expecting their second son in January.
Even before his marriage, Khairy had entered the innermost circle of PM Abdullah, and tales of his alleged influence, exact and exaggerated, spread far and wide. He became a caricature. Today, he is paying the
price for that reputation.
"If you look at the overall political situation now, that's one of the reasons why I find myself the underdog today," he said.
He is, of course, referring to the tidal wave of anger against his father-in-law, whom Umno blames for its poor performance at the March general election. Abdullah has decided not to contest the Umno presidency, and will retire by March next year.
"As much as I tried to divorce this entire thing from the Prime Minister, obviously that sentiment still remains. I won't say that it's a disadvantage but it's a political reality that I have to live with and overcome," said Khairy.
Saying that he has been made the "most convenient scapegoat" for the election losses, he hopes to salvage his fortunes over the next few months.
Political observers have not written him off. Khairy, 32, is among a rare breed of politicians who have a talent for clear thinking and sharp strategising. The Oxford-educated politician is acknowledged even by his critics as highly intelligent and articulate.
Further, he is young, by any measure, for the role that he aspires to. And it is not the premiership. He smiles when asked about the persistent rumour that he wants to be premier by 40.
"I've never said it, I've never written it down and, actually, I've never even thought it until somebody said it. It's just one of those things that people have ascribed to me. Of course not," he said.
Still, the Umno Youth chief is a senior-enough post, and usually comes with a senior government post. The current Youth chief Hishammuddin Hussein is Education Minister.
Khairy is mindful of this and, in fact, stresses many times that the party election has implications not just for Umno, but also for the country.
He points out that while Umno Youth has 700,000 members, there are five million voters under 40. "At some stage, we are going to be a maturing democracy where party membership will be very small. And there are going to be a lot more people out there who are going to be undecided voters, party-less voters. We must change our outlook," he said.
This is why he is taking a bold, some say foolhardy, move to base his campaign on a platform of multiracialism and government reforms.
One of the biggest issues at the moment, he says, is the pro-Malay affirmative action programmes of the New Economic Policy (NEP).
"I've said from the beginning that although the NEP-type policy is still necessary, we have to reform it so that it does not enrich just a very small segment of the Malay population."
He added: "That's why young Malays run away from us today - they think the NEP is being abused. It's not a never-ending story. Some day, we have to go out on our own."
These are not traditional Umno issues. Its grassroots have little interest in national matters, and are resistant to reforms perceived as diluting Malay dominance."I've gone out on a limb to say that I'm contesting this
Umno leadership not as a Malay, but as a Malaysian. I want the Umno Youth to understand that they cannot be in isolation anymore," Khairy said.
"If we continue to be an incestuous organisation, and care only about ourselves, what change are we talking about?" he asked.
It's not typical Umno talk but it makes for astute positioning. It marks him out as more visionary than his two likely contenders for the post - Mukhriz and former Selangor mentri besar Khir Toyo. Both are also
championing change, but stop short of taking a multiracial line.
Khairy runs up against two obstacles: Umno's resistance and his own image as a Malay ultra.
It is an image hard to live down. Last week, a Malaysian Chinese Association Youth member demanded that Khairy be arrested under the Internal Security Act for allegedly questioning the quota of scholarships
for non-Malays.
Khairy has denied being racial, insisting his past comments were more nuanced than reported, and often misconstrued.
"In the context of Umno Youth, there are certain things that we do that people don't understand. It looks a bit racial. We talk about motivating the grassroots, but at no point has any of that been designed to encroach on other people's rights and their place in Malaysia. And never have I thought of saying anything that intentionally disrespected other communities."
He knows his critics will say that he has different messages for different times and different audiences. But he tells them that he is now putting his words into action and going into a Malay fight on this platform - "so that people will know that I am not a hypocrite".
It'll be hard enough to convince Malaysians, but even harder to convince Umno.
"But I have to contest on this platform. If I contest on a traditional platform, we are only kidding ourselves. Even if I don't win, I would have done nothing to try and convince Umno that we need to change," he said. "At least, I will go down trying. I don't want to go down not trying."
So far, he's struggling but hardly because of his platform. He is carrying the burden of a looming battle seen as a mini-referendum on Abdullah and a proxy fight between the Premier and Mukhriz's father, Dr Mahathir.
Observers see this as his chance to break away from his father-in-law's shadow - with all its attendant advantages and disadvantages. "Some people say it'll become easier because I don't have the stigma of the
Prime Minister, some say it's more difficult. I hope that people are able to judge candidates on their merit and talent," he said.
He still defends his father-in-law though. Those who blamed Abdullah solely for the election losses were in a state of denial, he said.
But he is also looking to the future, to an Umno helmed by Deputy Premier Najib Razak by March.
"I think he will continue to bring the reforms promised to the people. And I think he is the right man for the job."
He dismissed the perception that Najib will be subservient to Dr Mahathir, now seen as having a powerful influence on him. "He's very diplomatic, very courteous, and don't mistake that for deference beyond
necessity. Don't mistake that for lack of independent judgment," Khairy said of Najib.
Despite his precarious position now, some Umno insiders believe Khairy's chances are brighter than they appear. The delegates - who could largely be his supporters - may still vote him in at the party polls.
Asked if he thinks he would be premier some day, he roared with laughter before saying: "I don't think so. Having been in politics for eight years now, even if you wanted it, it's not worth what you have to pay in terms of your personal sanity and well-being. If it ends here, then it ends here. If this is all it amounts to at the end of the day, I'm fine with that." - The Straits Times
Survey paints grim picture of judiciary
|
The findings were released yesterday here at a press conference by TI-M president Tan Sri Ramon Navaratnam, his deputy Paul Low and executive director Mark Chay. |
Hindraf Media Event
MEDIA EVENT 22ND OCTOBER 2008.
RE : SYED HAMID LIED TO THE MALAYSIAN PUBLIC
PROOF OF LIE TO BE SUBMITTED TO PARLIAMENT.
VWAISHHNNAVI WAYTHA MOORTHY WOULD LEAD DELEGATION TO PARLIAMENT TO SUBMIT EVIDENCE OF SYED HAMID’S LIE
CALL FOR SYED HAMID ALBAR TO TENDER RESIGNATION FROM CABINET.
DATE : 22ND OCTOBER 2008
TIME : 11.30 AM
VENUE : PARLIAMENT HOUSE KUALA LUMPUR.
FOR FURTHER INFORMATION PLEASE CONTACT JAYATHAS 012 6362287
P.WAYTHA MOORTHY
CHAIRMAN
HINDRAF
Dr M and Pak Lah’s war escalates
By Leslie Lau(themalaysianinsider)
Consultant Editor
KUALA LUMPUR, Oct 21 – Tun Dr Mahathir Mohamad has hit back at Prime Minister Datuk Seri Abdullah Badawi over his right to comment on Umno affairs, escalating what is turning into open warfare between the two men.
Writing in his chedet.com blog today, the former PM said: “It is clear that, whether I am an Umno member or not, I am not allowed to or I am blocked from giving any opinions about Umno or about any other matter.”
Dr Mahathir’s response comes just days after Abdullah told him off for speaking out on internal Umno issues.
The former prime minister had recently urged Umno members to vote out “Abdullah’s toadies” in the upcoming party elections.
This, he argued, was to ensure Datuk Seri Najib Razak, the front-runner to take over the Umno presidency, would have a different administration from that of Abdullah.
Dr Mahathir has become increasingly vocal about Umno affairs ever since it became clear that Abdullah, his hand-picked successor-turned-nemesis, would not seek re-election for the Umno presidency.
An increasingly outspoken Dr Mahathir has also given rise to criticism that the country would return to “Mahathirism,” and that he would be the power behind the throne of a Najib administration.
Today, Dr Mahathir repeated accusations that he had in recent years been blocked from meeting party members and from speaking at party functions even before he quit the party this year.
“As usual ‘Pak Lah’s people’ support the Prime Minister’s attacks on me.
“Only Datuk Seri Rais Yatim has shown courage in defying the Prime Minister to say I have a right to give my opinions.”
Rais, a member of Abdullah’s Cabinet, has said it is within Dr Mahathir’s rights to say anything about Umno, and that no one should try to stop him from speaking out.
Dr Mahathir said that he would not stop anyone from criticising him if they did not agree with his views.
“My blog is open. It is up to Pak Lah and his henchmen whether to be abusive towards my blog.”
Chamil Wariya says YB J bears no resemblance to Kok
Chamil Wariya says:
"YB Teresa can be vocal at times and disliked by some for her style of politics, but generally she is a responsible politician and responsive to her constituents. YB J is not.
"YB J is a manifestation of politicians who politicise race issues and have no respect for the rights of all communities."
Chamil said his goal in writing the story was to call for moderation in political views, and to remind politicians not to incite communal feelings.
Read the entire Nut Graph's exclusive interview with the RM100 million short fiction writer, h e r e.
The Ends Of Justice
The Ends Of Justice
In 2001, ten reformasi activists were detained by the police under the ISA, amongst them Ezam Mohd Noor, Tien Chua, Raja Petra, Abdul Ghani Haroon and N Gobalakrishnan. Habeas corpus applications were filed, challenging their detentions for being groundless and in bad faith as the detainees were in no way threats to national security.
In the order of things, the applications of Ghani Haroon and Gobalakrishnan came up before Justice Hishamuddin Yunus who was then a judge at the Shah Alam High Court. A team of lawyers led by R Sivarasa presented their case and as the issues involved were complex, the Judge reserved his decision to a later date to give himself more time to fully consider the submissions and the law.
It was decided by the team that I would appear before Justice Hishamuddin on the day he was due to deliver his decision. If the decision was favourable, I was to obtain a statement from both Ghani Haroon and Gobalakrishnan as to what had happened during their detention by the police. The detainees had not been permitted to see their lawyers from the time they were detained. Five of the other eight detainees had had their habeas corpus applications disallowed by Justice Augustine Paul, then of the Kuala Lumpur High Court, and his decision was under appeal to the Federal Court. Any information I could get was relevant to whether the police had acted in bad faith and would be of great significance to the appeal.
The team was however concerned that should the court free Ghani Haroon and Gobalakrishnan, they would be rearrested as soon as they stepped out of the courthouse. This was not an unknown occurrence, Karpal Singh having been famously rearrested upon his being granted habeas corpus in 1987.
My brief was as such to come up with a way to keep our two clients within the courtroom and get a statement from them before they were rearrested, if this was to occur. This was not going to be easy and I remember thinking that law school had not prepared me for this. There I had learnt of an ideal world where decisions of courts were respected not just in letter but also in spirit.
The decision was handed down as scheduled late in the morning. Nerves had denied me any sleep the night before and were making me nauseous. Justice Hishamuddin began to read out what we were to soon discover was a comprehensive and admirable treatise on the liberty of the individual and the care with which that right was to be safeguarded against executive arbitrariness. Armed with the Constitution, his hand guided by justice and humanity, the Judge struck down the detentions with all the condemnation that oppressiveness deserved.
I did not know that at the outset of course. As Datuk N H Chan, formerly of the Court of Appeal, muses in his book ‘Judging The Judges’, keeping audiences in suspense was one of the small pleasures of being on the bench. Justice Hishamuddin exploited that privilege and saved his conclusions to the end. There were hints though and as I began to believe that we might just win, a shiver ran down my spine. It, and the immense satisfaction that I felt at seeing the law serve the ends of justice as the judge granted habeas corpus, have stayed with me till this day. That memory, and the undying hope that it gave life to, have taken me back into court time and time again since.
It was a Friday and the Judge directed that our clients be produced in court that afternoon to allow him to direct their release. I was grateful for the extra time this gave me to come up with a firmer plan of action. Though I knew what I was supposed to do, the details were more than slightly hazy.
Thankfully, adrenaline works wonders. As we made our way to the courthouse, it was clear that something was afoot. There was a tremendous police presence in the precinct and in the court complex. Roadblocks had been set up and visitors were being screened. It was apparent that the police expected trouble and it was not difficult to see why. Though by winning supporters would be jubilant, not angry, an outburst could occur if provoked in the way a re-arrest would.
I felt outraged. We had fought hard and fair, and we had won the day. Surely, that could not just be wiped away.
If it was naiveté that fueled my emotion, I was glad. By the time I got to my feet, all nervousness was gone. Luck was also on my side, it would seem. Datuk Hishamuddin had had to walk through the throng of police officers as well. As I pointed their presence to the Judge and expressed my concerns about the possibility of a re-arrest, he turned to counsel for the government and asked whether this was going to happen. Counsel was equivocal and the Judge was not impressed. Turning to me, he said that I could take it that there was going to be a re-arrest and asked what I wanted.
This was the moment of truth. Noting how he had concluded that the detention was unconstitutional and inhumane, I explained how the wives of the detainees had been informed and were on the way from Penang even as I spoke. I urged him to consider how unjust a re-arrest of the detainees would be and reminded him how, as a High Court Judge, he was empowered to give any direction to give effect to my clients’ constitutional rights. I asked that he restrain the police from re-arresting the detainees for a period of twenty-four hours and then I prayed.
Justice Hishamuddin granted the order. Our clients saw their wives and families. They were never re-arrested under the ISA.
(Malik Imtiaz Sarwar is counsel to Raja Petra Kamaruddin whose habeas corpus application is scheduled before the Shah Alam High Court on 22nd October 2008. He is also the President of the National Human Rights Society and blogs at www.malikimtiaz.blogspot.com)
(Malay Mail; 21st October 2008)
Malik Imtiaz Sarwar
In 2001, ten reformasi activists were detained by the police under the ISA, amongst them Ezam Mohd Noor, Tien Chua, Raja Petra, Abdul Ghani Haroon and N Gobalakrishnan. Habeas corpus applications were filed, challenging their detentions for being groundless and in bad faith as the detainees were in no way threats to national security.
In the order of things, the applications of Ghani Haroon and Gobalakrishnan came up before Justice Hishamuddin Yunus who was then a judge at the Shah Alam High Court. A team of lawyers led by R Sivarasa presented their case and as the issues involved were complex, the Judge reserved his decision to a later date to give himself more time to fully consider the submissions and the law.
It was decided by the team that I would appear before Justice Hishamuddin on the day he was due to deliver his decision. If the decision was favourable, I was to obtain a statement from both Ghani Haroon and Gobalakrishnan as to what had happened during their detention by the police. The detainees had not been permitted to see their lawyers from the time they were detained. Five of the other eight detainees had had their habeas corpus applications disallowed by Justice Augustine Paul, then of the Kuala Lumpur High Court, and his decision was under appeal to the Federal Court. Any information I could get was relevant to whether the police had acted in bad faith and would be of great significance to the appeal.
The team was however concerned that should the court free Ghani Haroon and Gobalakrishnan, they would be rearrested as soon as they stepped out of the courthouse. This was not an unknown occurrence, Karpal Singh having been famously rearrested upon his being granted habeas corpus in 1987.
My brief was as such to come up with a way to keep our two clients within the courtroom and get a statement from them before they were rearrested, if this was to occur. This was not going to be easy and I remember thinking that law school had not prepared me for this. There I had learnt of an ideal world where decisions of courts were respected not just in letter but also in spirit.
The decision was handed down as scheduled late in the morning. Nerves had denied me any sleep the night before and were making me nauseous. Justice Hishamuddin began to read out what we were to soon discover was a comprehensive and admirable treatise on the liberty of the individual and the care with which that right was to be safeguarded against executive arbitrariness. Armed with the Constitution, his hand guided by justice and humanity, the Judge struck down the detentions with all the condemnation that oppressiveness deserved.
I did not know that at the outset of course. As Datuk N H Chan, formerly of the Court of Appeal, muses in his book ‘Judging The Judges’, keeping audiences in suspense was one of the small pleasures of being on the bench. Justice Hishamuddin exploited that privilege and saved his conclusions to the end. There were hints though and as I began to believe that we might just win, a shiver ran down my spine. It, and the immense satisfaction that I felt at seeing the law serve the ends of justice as the judge granted habeas corpus, have stayed with me till this day. That memory, and the undying hope that it gave life to, have taken me back into court time and time again since.
It was a Friday and the Judge directed that our clients be produced in court that afternoon to allow him to direct their release. I was grateful for the extra time this gave me to come up with a firmer plan of action. Though I knew what I was supposed to do, the details were more than slightly hazy.
Thankfully, adrenaline works wonders. As we made our way to the courthouse, it was clear that something was afoot. There was a tremendous police presence in the precinct and in the court complex. Roadblocks had been set up and visitors were being screened. It was apparent that the police expected trouble and it was not difficult to see why. Though by winning supporters would be jubilant, not angry, an outburst could occur if provoked in the way a re-arrest would.
I felt outraged. We had fought hard and fair, and we had won the day. Surely, that could not just be wiped away.
If it was naiveté that fueled my emotion, I was glad. By the time I got to my feet, all nervousness was gone. Luck was also on my side, it would seem. Datuk Hishamuddin had had to walk through the throng of police officers as well. As I pointed their presence to the Judge and expressed my concerns about the possibility of a re-arrest, he turned to counsel for the government and asked whether this was going to happen. Counsel was equivocal and the Judge was not impressed. Turning to me, he said that I could take it that there was going to be a re-arrest and asked what I wanted.
This was the moment of truth. Noting how he had concluded that the detention was unconstitutional and inhumane, I explained how the wives of the detainees had been informed and were on the way from Penang even as I spoke. I urged him to consider how unjust a re-arrest of the detainees would be and reminded him how, as a High Court Judge, he was empowered to give any direction to give effect to my clients’ constitutional rights. I asked that he restrain the police from re-arresting the detainees for a period of twenty-four hours and then I prayed.
Justice Hishamuddin granted the order. Our clients saw their wives and families. They were never re-arrested under the ISA.
(Malik Imtiaz Sarwar is counsel to Raja Petra Kamaruddin whose habeas corpus application is scheduled before the Shah Alam High Court on 22nd October 2008. He is also the President of the National Human Rights Society and blogs at www.malikimtiaz.blogspot.com)
(Malay Mail; 21st October 2008)
Malik Imtiaz Sarwar
Desak siasatan menyeluruh terhadap bakal Presiden Umno..
Semua dijemput sertai
Laporan Polis dan Pendedahan Bukti Korupsi Najib Tun Razak
21 Oktober 2008 (selasa)
1.10 petang
berkumpul di Depan Dewan Perhimpunan Cina Selangor sebelum berjalan bersama ke IPD Dang Wangi (Balai Jalan Stadium), depan Stadium Merdeka, Kuala Lumpur
sebarkan !!
sila baca lanjut selanjutnya:-
Opposition group alleges corruption in report against Najib
By Debra Chong
KUALA LUMPUR, Oct 21 – PKR Youth leader Badrul Hisham Shaharin led a group of five people in lodging a police report today against Deputy Prime Minister Datuk Seri Najib Razak for corruption.
The group claimed they provided the police with evidence in connection with a number of deals to procure military equipment while Najib was Defence Minister.
Najib has been at the brunt of a series of allegations since he became the front-runner to succeed Datuk Seri Abdullah Badawi as Umno president and Prime Minister.
Allegations of impropriety have surfaced over the proposed acquisition of Eurocopter helicopters for RM2.3 billion and the RM4.6 billion Scorpene submarines deal.
The group which made the police report today calls itself the Sekretariat Anak Muda Malaysia (SAMM).
They claimed to have supplied police with 21-pages of evidence implicating the DPM, including documents proving the authenticity of several text messages between Najib and lawyer Datuk Shafee Abdullah.
A series of text messages, which purportedly implies the deputy prime minister had interfered in the police investigations into the murder of Mongolian Altantuya Shaariibuu in 2006, was published recently in jailed blogger Raja Petra Kamarudin's Malaysia Today website.
Shafee was then acting for Abdul Razak Baginda, Najib's close associate who was subsequently charged for abetting in the murder.
Today, SAMM demanded that police reopen the investigations on Najib's alleged involvement with the murdered victim to show whether he had abused his position and power.
"We filed the report so that the proper procedures can begin," said Badrul, the spokesman for SAMM. "Otherwise, the police will say 'without an official complaint, we cannot start official procedures'."
"We just want to help the police with their investigations. We are providing them some supplementary documents to give them a head start."
The other four, who co-lodged the report at the Dang Wangi district police station here, are Aiman Athirah Al Junaidi, the information chief for national Pas Muslimat; president of Gerak Ramlan Abu Bakar, blogger Amin Iskandar and Wan Anis Adnan.
The hunger for change
(Jeffooi)Both MCA and Parti Gerakan, whose leaders had been attempting to revive sagging grassroot morale by demanding drastic change in Umno, had held their respective party elections recently.
How hungry are MCA and Gerakan members, and how truly are they crying for change in Malaysian politics, something we heard them clamouring for immediately after GE2008? One way to look at it is to find out how many delegates actually turned out to cast their votes for change during the party election.
For Gerakan, which held its party election on October 11, a total of 2,080 delegates were eligible to vote while 1,560 delegates actually turned out to vote. Turnout rate was 75%.
For MCA, which held its party election on October 18, a total of 2,401 delegates were eligible to vote while a total of 2,378 delegates actually turned out to vote. That's a turnout rate of 99.04%.
Let's see how hungry Umno members are for change, but the results won't be known till March, if no flip-flop happens again.
For the voters at large, it's talk plus action. They had made their marks in four states and one federal territory (11 minus 1) by voting out the Umno-led dominance on March 8, 2008. The present Kelantan was a done deal since 1990.
How hungry are MCA and Gerakan members, and how truly are they crying for change in Malaysian politics, something we heard them clamouring for immediately after GE2008? One way to look at it is to find out how many delegates actually turned out to cast their votes for change during the party election.
For Gerakan, which held its party election on October 11, a total of 2,080 delegates were eligible to vote while 1,560 delegates actually turned out to vote. Turnout rate was 75%.
For MCA, which held its party election on October 18, a total of 2,401 delegates were eligible to vote while a total of 2,378 delegates actually turned out to vote. That's a turnout rate of 99.04%.
Let's see how hungry Umno members are for change, but the results won't be known till March, if no flip-flop happens again.
For the voters at large, it's talk plus action. They had made their marks in four states and one federal territory (11 minus 1) by voting out the Umno-led dominance on March 8, 2008. The present Kelantan was a done deal since 1990.
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