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Friday 13 August 2010

Malek Husin, appointment of senior judges, continuing perversion of justice

Today we see ex-ISA detainee Malek Husin’s appeal with regards to his torture and wrongful detention dismissed. He won the case at the High Court, overturned by the Court of Appeal in a decision now supported by the Federal Court.
In a much smaller case, we saw yesterday or so Bung Mokhtar’s jail sentence from the Syariah Lower Court being overturned by the Syariah High court.
(Worth noting: the judge said “The court notes that this is not a Syariah criminal offence, and that this is only a procedural and matrimonial offence. However, this ruling will not stop other courts from imposing a jail sentence for similar offences.”
Wah. So if you guilty, you get jail, unless you MP? Wtf)
Another major case of course was the fall of Perak to BN, where once again, the decision of the High Court was overturned on appeal.
The dire and ongoing pattern raises a simple but important question – how are judges for the Court of Appeal and Federal Court promoted?
If I’m not mistaken, the ultimate authority for promotion of judges is determined by the Chief Justice, who is in turn is selected by the Executive.
It is worth pointing out of course that our current Chief Justice, Tun Zaki, was appointed under highly irregular circumstances.
Not only was he the first ever individual to be catapulted directly from practising lawyer to highest judicial officer in the land at the sudden stroke of a pen – directly before his appointment, he served as a legal advisor to Umno.
Many lawyers are quite aghast at the Malek Husin ruling. @EdmundBon said it well:
Amazing justice. Detained w/out trial 57days,tortured,beaten up& now to pay costs rm70k. Don’t tell me we s/things not wrong
I share similar shock at the way we Malaysians continue to tolerate the most blatant conflicts of interest, and the ongoing rape of our judiciary.
Tun Zaki’s appointment is the latest in a line of events that began with Tun Salleh Abas, and exemplified in Augustine Paul’s own rise to the Federal Court.
Without fixing (in all likelihood ie, replacing) our Executive, I’m not sure how we can stem this tide of disgusting rot, where the upper courts continue to pervert the course of justice.

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