Friday, November 07, 2008

I wonder

Now that his numero uno spin maestro has been freed from the ISA & that his legal team has managed to convince the court to dismiss the application for the transfer of his sodomy case to the High Court, will Anwar Ibrahim be singing praises for Malaysian judicial system instead of (the usual) damning to hell with the same.

What if in the foreseeable near future, the appellate courts (either the High Court, Court of Appeal or the Federal Court) turn the decision by the Sessions Court around? Especially on the ground where the learned judge ruled that Paklah's intervention, by promising (to who?) that the AG would not be involved in the matter, as the decisive factor with regard to her ruling that the transfer certificate (which was signed by the AG rightfully on his administrative capacity & in accordance with Criminal Procedure Code) is invalid. Please remember that Paklah is the head of the Executives and by virtue of the Constitution, the three branches of the government are bound by the doctrine of separation of powers. There is no legitimate expectation if the same derived from a contravention of the supreme law itself. With regard to the rule of bias, with all due respect, one must remember that it is not the AG that is the one sitting on the bench.

Komathy berkata, Abdul Gani tidak sepatutnya mencampuri kes liwat berkenaan setelah Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi `berjanji’ bahawa peguam negara itu tidak akan terlibat dalam kes Anwar. Reported here

Komathy also said that it must be accepted that "there is no love lost between the accused and the AG" as "the defence contends that the AG is in a position of conflict of interest and is thereby disqualified from this case" and with the prosecution not refuting the alleged conflict of interest, the AG's involvement would contravene the rule of natural justice and give rise to bias. Reported here.

And what if the Home Ministry, again, invokes its power upon the celebrated blogger. After all there are many more highly charged writings (past, present &, highly possible, in future) from the man which is yet to be dealt with by the Home Ministry and what if the next time, the ministry makes amend of their previous shortcomings, by making good of the new detention order under Section 8 (1) of the ISA particularizing therein with valid grounds (as required by the law) instead?

At the outset of court proceedings, Justice Syed Ahmad ruled that the grounds for the detention order by Home Minister Datuk Seri Syed Hamid Albar for the blogger did not fall under the scope of Section 8(1) of the ISA. Therefore, the judge said the Sept 22 detention order was unlawful. Reported here.

By then, will he & the gang still be rendering praises for the judiciary & the nation legal system? I wonder.

5 comments:

Jed Yoong said...

suka2 ler
maybe RPK was released 'cos the judiciary IS bias and Pak Lah is the one who ordered it?
i really doubt after decades of Barisan bola-less conditioning, the judges will grow a spine...

Piggy Singh said...

Salam Tuan Lawyer,

Gotta to admit that I understand none of law jargons.

However, what if....the whole saga has been been staged from day one by "demons" or dark forces hiding behind Dollah. The objective, to bring Anwar back to UMNO in a such elaborated manner.

Also an impeccable timing that RPK was released. When general public are demanding for answer, RPK is now capable to deliver. If that happens, the "person" will be a defender in the court of the people.

So the end Dollah may have a U turn, who's gonna be the altenate fall guy? The answer may be found in Mongolia. Scary.....

Lawyer Kampung said...

Jed, haha ..suka-suka ler? I like that ;-)

PS, I sometimes do too! ;-) Let's us see how it all play out.

Mat Cendana said...

This is another classic case of adat dunia - praising judges when the decision goes your way, or for someone or something you associate yourself with.

I had read that the Home Ministry will appeal. Like you, I'll be interested to know what some people will say about "judges and the judiciary" should the higher court rule that the Minister "had acted accordingly".

BTW, personally I don't support the ISA being used on RPK, and I'm happy he was released (Actually, I dislike his manner of writing and confrontational attitude. But that isn't just cause to put someone away). However, I'm exasperated with politicians who would be too quick to comment when a decision goes against them in court.

P/S: Making it a habit to tick the "Email follow-up" box whenever I comment at whatever blog, after discovering "how quick" you were in knowing a reply at my blog once:-) Should have done this a long time ago...

Lawyer Kampung said...

Betul tu. Adat Dunia semua ini. Thanks for the comment Mat Cendana :-)