Excerpt: Opening address by Sultan Azlan Shah October 29, 2007Posted by elizabethwong in Current Affairs, Democracy, Human Rights, Malaysia, Note2Self, Politics.
Tags: Azlan Shah, Judiciary, Lingam-Fairuz tape
Sadly I must acknowledge there has been some disquiet about our judiciary over the past few years and in the more recent past. In 2004, I had stated that it grieved me, having been a member of the judiciary, whenever I heard allegations against the judiciary and the erosion of public confidence in the judiciary.
Recently there have been even more disturbing events relating to the judiciary reported in the press. We have also witnessed the unprecedented act of a former Court of Appeal judge writing in his post-retirement book of erroneous and questionable judgements delivered by our higher courts in a chapter under the heading “When Justice is Not Administered According to Law”. There are other serious criticisms.
I am driven nostalgically to look back to a time when our Judiciary was the pride of the region, and our neighbours spoke admiringly of our legal system. We were then second to none and the judgements of our courts were quoted confidently in other common law jurisdictions. As Tun Suffian, a former Lord President of the then Federal Court, said of the local judges who took over from the expatriate judges after Merdeka that the transformation was without “any reduction in standards”.
Admittedly society is more complex today and the task of judges may be more difficult then what it was before, but the values I speak of are universal and eternal.
There is no reason why judges with the assured security of tenure they enjoy under the Constitution should not discharge their duties impartially, confidently and competently.
Judges are called upon to be both independent and competent. In these days, judges must ever be mindful that the loss of independence can come from many sources, and not just from the executive. Therefore, judges must piously resist the lure of socializing with business personages and other well connected people. They may discover at their peril that they have compromised themselves in the cases that come before them with the unedifying spectacle of recusal applications.
Nothing destroys more the confidence the general public, or the business community has in the judiciary than the belief that the judge was biased when he decided a case, or that the judge would not be independent where powerful individuals or corporations are the litigants before him.
(For the complete text, please click here)
Royal quip October 29, 2007Posted by elizabethwong in Current Affairs, Democracy, Human Rights, Malaysia, Note2Self, Politics.
Tags: Bar Council, Judiciary, Lingam-Fairuz tape, Nazri Aziz
The Prime Minister was a no-show this morning at the opening of the much anticipated Malaysian Law Conference.
It was either bad time-management by his office, a public snub, or perhaps he didn’t fancy facing hundreds of lawyers on a Monday morning. He is said to be hosting the Conference dinner tonight.
And even if he did turn up, he would be upstaged by my home state and Perak’s Sultan Azlan Shah, who was once the Lord President, who quipped (apparently by accident, according to Malaysiakini) during his speech, “there are good lawyers and bad judges”
Nazrism October 29, 2007Posted by elizabethwong in "We can do better", Current Affairs, Democracy, Human Rights, Malaysia, Note2Self, Politics.
Tags: Bar Council, idiot, Lingam-Fairuz tape, Malik Imtiaz, Nazri Aziz, Special Panel
My newspaper delivery guy did an extraordinary thing – he delivered the New Sunday Times early yesterday at 8.00 am (usually he takes his time on Sundays and drops it off around noon), knowing full well I would be keen to read the headline story.
So Sunday morning was well spent, laughing in bed and playing a game of “spot the logical fallacies“.
And Nik Nazmi, a King’s College law graduate was similarly tickled, and defined this endemic phenomenon, “Nazrism“, as:-
“An idiotic response to a political issue, as a result of lack of proper thinking on the matter and the need to justify the government’s actions.”
13 days more … October 29, 2007Posted by elizabethwong in "We can do better", Current Affairs, Democracy, Event, Human Rights, Malaysia, Politics.
Tags: 10 Nov, Bersih, Free fair elections
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In 14 days … October 28, 2007Posted by elizabethwong in "We can do better", Current Affairs, Democracy, Event, Human Rights, Malaysia, Politics.
Tags: 10 November, Free fair elections
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“Cynics say that real life is a choice between the failed revolution
and the shabby deal. I don’t know… maybe they’re right. But even
they should know that there’s no limit to just how shabby that shabby
deal can be. What we need to search for and find, what we need to
hone and perfect into a magnificent, shining thing, is a new kind of
Not the politics of governance, but the politics of resistance.
The politics of opposition. The politics of forcing accountability. “
~ Arundhati Roy (2001)
Note from Nat Tan: Solidarity with Whistleblowers October 24, 2007Posted by elizabethwong in Current Affairs, Democracy, Human Rights, Malaysia, Note2Self, Politics.
On the eve of the deadline to handover all original footage of the Lingam-Fairuz tape, or otherwise face a jail-term of 2 years, Anwar Ibrahim’s aide, Nik Nazmi was quoted by Malaysiakini as saying:-
“We won’t do that (release the full clip) until our demand all this while is met (for a guarantee of protection and legal immunity for the sources).”
pencACAi October 23, 2007Posted by elizabethwong in Current Affairs, Democracy, Huh?!, Human Rights, Malaysia, Note2Self, Politics.
Tags: ACA, Anwar Ibrahim, Bar Council, machai, Police
We may have been to space and back, but something tells us that this government’s brains is permanently stuck at the *rse-end of the universe.
Yes, our very same ACA who claimed that they taught the Hong Kong ICAC a few things.
Full text of Hisham Yunus’ judgment October 21, 2007Posted by elizabethwong in Democracy, Human Rights, Malaysia, Note2Self, Politics.
Tags: Hisham Yunus, ISA, Malek Hussin
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IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (CIVIL DIVISION)
CIVIL SUIT NO. S3(S5)-21-20-1999
ABD. MALEK BIN HUSSIN
(1) BORHAN BIN HJ DAUD
(2) KETUA POLIS NEGARA
(3) KERAJAAN MALAYSIA
GROUNDS OF JUDGMENT
In the present case, the plaintiff is claiming against the defendants for damages for the tort of false imprisonment as well as for the tort of assault and battery.
Video: 10 tahun sebelum Merdeka October 19, 2007Posted by elizabethwong in Art & Visuals, Aufheben, Current Affairs, Democracy, History, Malaysia, Politics.
Tags: Fahmi Reza, Hartal, Kiri, Malaya, Merdeka, Nasionalis