KUALA LUMPUR: Since the sacking of former Lord President Tun Salleh Abas in 1988 during the reign of Tun Dr Mahathir Mohamad as Prime Minister, the Malaysian courts have never been the same again.
Critics have long referred to the Malaysian judiciary as a kangaroo-court institution, claiming it has been compromised by vested political interest. And the past year did nothing to dispel that notion; there was enough drama tep the most avid soap opera fan entertained, with politically-loaded cases often going all the way to the highest court of the land, where the side aligned to the ruling regime can expect a happy ending.
The public perception is that justice is not done, and the year did nothing to bring back the respect that the judiciary once enjoyed.
2010 could be different if the independence of the judiciary is restored and the rule of law upheld.
Malaysians will be watching closely the unfolding of the trial of Opposition Leader Anwar Ibrahim, the inquest into DAP political aide Teoh Beng Hock’s death, the Perak MB vs MB case and the many other corruption and power-abuse cases yet to be brought to court.
In outlining the theatrics in the Malaysian courts, Bernama reports that as 2009 tapered off, court headlines flared again with the first indictments over the scandal-ridden Port Klang Free Zone (PKFZ) project with a total of 29 criminal breach of trust and cheating charges pressed against four accused.
The year’s first major headline grabber was the dispute between Datuk Seri Mohammad Nizar Jamaluddin of Pakatan Rakyat (PR) and Datuk Seri Dr Zamry Abdul Kadir of Barisan Nasional (BN) after three PR state assembly representatives declared themselves as independents friendly to BN.
Mohd Nizar turned to the courts after Dr Zambry was appointed as the menteri besar and the matter is pending with the Federal Court. Earlier, the Court of Appeal, in overturning a High Court decision, held that Sultan Azlan Shah was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak Constitution.
The case also resulted in DAP chairman Karpal Singh being charged with sedition for remarks made at a media conference regarding the Sultan of Perak’s role in the state’s political crisis.
Anwar, 62, who has claimed trial to the charge of sodomising his former aide Mohamad Saiful Bukhari Azlan in 2008, failed to stop the prosecutors from transferring the case to the High Court.
The Court of Appeal upheld an appeal by the prosecution against a High Court order to supply documents and materials such as medical reports and DNA samples sought by Anwar, whose trial is set for hearing on Jan 25 next year.
Anwar also took his RM100 million defamation suit against Tun Dr Mahathir Mohamad, for calling him a homosexual, to the Federal Court after the Court of Appeal struck out the suit because his appeal was not filed in the national language.
The Federal Court has fixed March 1 to hear his appeal for leave against the appellate decision.
Anwar also filed multi-million ringgit civil suits against the media with Utusan Malaysia and News Straits Times heading the list.
The country’s anti-graft agency, renamed the Malaysian Anti-Corruption Commission (MACC) at the beginning of 2009, took a tumble after young political aide, Teoh Beng Hock, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16 after he was called in by MACC Selangor for questioning into alleged misappropriation of state funds.
Teoh’s death is being investigated by a widely-reported coroner’s inquest. The government has also agreed to set up a royal commission to probe investigative methods used by the MACC.
The High Court also ruled that the MACC could question witnesses only during office hours when deciding on the case of Kajang Municipal Council member Tan Boon Wah, 39, who filed a suit against the MACC, claiming that his detention and questioning for 16 hours was illegal. However, the decision was overruled by the Court of Appeal.
MACC also suffered setbacks in its prosecution of big names — former Land and Cooperative Development Minister Tan Sri Kasitah Gaddam, former commercial crime director Datuk Ramli Yusoff and Tourism Malaysia director-general Datuk Mirza Mohammad Taiyab, all for graft.
It has since obtained High Court permission to appeal agains the acquittal of Mirza, who returned to his post in the ministry after the trial. In the PKFZ scandal, former Port Klang Authority (PKA) general manager Datin Paduka O.C. Phang was produced before the Klang Sessions Court on three counts of criminal breach of trust involving a total of RM254.85 million.
Three others, from turnkey contractor Kuala Dimensi Sdn Bhd (KDSB) and project consultant BTA Architect, face cheating charges for making false claims.
Attorney-General Tan Sri Abdul Gani Patail said more would be charged over the PKFZ scandal. Eseentially, the scandal is about how the cost to develop the massive 400-hectare integrated cargo distribution hub spiralled from RM2 billion to RM4.6 billion.
For the record, the Port Klang Authority has filed RM920 million suits against KDSB to recover part of its losses, and MCA president and Transport Minister Datuk Seri Ong Tee Keat has filed a RM500 million defamation suit against KDSB chief executive officer Datuk Seri Tiong King Sing, who is also the member of Parliament for Bintulu.
Another coroner’s case that received wide coverage was the inquest into the death of actress K. Sujatha, 28, a former personal assistant to S. Vell Paari, the chief executive officer of Maika holdings and son of MIC president Datuk Seri S.Samy Vellu.
The Coroner’s Court ruled that she had committed suicide after consuming the weed killer paraquat.
Controversial blogger Raja Petra Raja Kamaruddin, who was detained under the Internal Security Act (ISA), eluded authorities trying to serve a warrant of arrest against him for failing to turn up in court for a sedition charge and another for a charge of defaming the prime minister’s wife, Datin Seri Rosmah Mansor.
The Petaling Jaya Sessions court said it had no alternative but to discharge the blogger, who is reportedly in London, although police earlier speculated that he was in Australia.
FMT
31/12/09
Critics have long referred to the Malaysian judiciary as a kangaroo-court institution, claiming it has been compromised by vested political interest. And the past year did nothing to dispel that notion; there was enough drama tep the most avid soap opera fan entertained, with politically-loaded cases often going all the way to the highest court of the land, where the side aligned to the ruling regime can expect a happy ending.
The public perception is that justice is not done, and the year did nothing to bring back the respect that the judiciary once enjoyed.
2010 could be different if the independence of the judiciary is restored and the rule of law upheld.
Malaysians will be watching closely the unfolding of the trial of Opposition Leader Anwar Ibrahim, the inquest into DAP political aide Teoh Beng Hock’s death, the Perak MB vs MB case and the many other corruption and power-abuse cases yet to be brought to court.
In outlining the theatrics in the Malaysian courts, Bernama reports that as 2009 tapered off, court headlines flared again with the first indictments over the scandal-ridden Port Klang Free Zone (PKFZ) project with a total of 29 criminal breach of trust and cheating charges pressed against four accused.
The year’s first major headline grabber was the dispute between Datuk Seri Mohammad Nizar Jamaluddin of Pakatan Rakyat (PR) and Datuk Seri Dr Zamry Abdul Kadir of Barisan Nasional (BN) after three PR state assembly representatives declared themselves as independents friendly to BN.
Mohd Nizar turned to the courts after Dr Zambry was appointed as the menteri besar and the matter is pending with the Federal Court. Earlier, the Court of Appeal, in overturning a High Court decision, held that Sultan Azlan Shah was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak Constitution.
The case also resulted in DAP chairman Karpal Singh being charged with sedition for remarks made at a media conference regarding the Sultan of Perak’s role in the state’s political crisis.
Anwar, 62, who has claimed trial to the charge of sodomising his former aide Mohamad Saiful Bukhari Azlan in 2008, failed to stop the prosecutors from transferring the case to the High Court.
The Court of Appeal upheld an appeal by the prosecution against a High Court order to supply documents and materials such as medical reports and DNA samples sought by Anwar, whose trial is set for hearing on Jan 25 next year.
Anwar also took his RM100 million defamation suit against Tun Dr Mahathir Mohamad, for calling him a homosexual, to the Federal Court after the Court of Appeal struck out the suit because his appeal was not filed in the national language.
The Federal Court has fixed March 1 to hear his appeal for leave against the appellate decision.
Anwar also filed multi-million ringgit civil suits against the media with Utusan Malaysia and News Straits Times heading the list.
The country’s anti-graft agency, renamed the Malaysian Anti-Corruption Commission (MACC) at the beginning of 2009, took a tumble after young political aide, Teoh Beng Hock, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16 after he was called in by MACC Selangor for questioning into alleged misappropriation of state funds.
Teoh’s death is being investigated by a widely-reported coroner’s inquest. The government has also agreed to set up a royal commission to probe investigative methods used by the MACC.
The High Court also ruled that the MACC could question witnesses only during office hours when deciding on the case of Kajang Municipal Council member Tan Boon Wah, 39, who filed a suit against the MACC, claiming that his detention and questioning for 16 hours was illegal. However, the decision was overruled by the Court of Appeal.
MACC also suffered setbacks in its prosecution of big names — former Land and Cooperative Development Minister Tan Sri Kasitah Gaddam, former commercial crime director Datuk Ramli Yusoff and Tourism Malaysia director-general Datuk Mirza Mohammad Taiyab, all for graft.
It has since obtained High Court permission to appeal agains the acquittal of Mirza, who returned to his post in the ministry after the trial. In the PKFZ scandal, former Port Klang Authority (PKA) general manager Datin Paduka O.C. Phang was produced before the Klang Sessions Court on three counts of criminal breach of trust involving a total of RM254.85 million.
Three others, from turnkey contractor Kuala Dimensi Sdn Bhd (KDSB) and project consultant BTA Architect, face cheating charges for making false claims.
Attorney-General Tan Sri Abdul Gani Patail said more would be charged over the PKFZ scandal. Eseentially, the scandal is about how the cost to develop the massive 400-hectare integrated cargo distribution hub spiralled from RM2 billion to RM4.6 billion.
For the record, the Port Klang Authority has filed RM920 million suits against KDSB to recover part of its losses, and MCA president and Transport Minister Datuk Seri Ong Tee Keat has filed a RM500 million defamation suit against KDSB chief executive officer Datuk Seri Tiong King Sing, who is also the member of Parliament for Bintulu.
Another coroner’s case that received wide coverage was the inquest into the death of actress K. Sujatha, 28, a former personal assistant to S. Vell Paari, the chief executive officer of Maika holdings and son of MIC president Datuk Seri S.Samy Vellu.
The Coroner’s Court ruled that she had committed suicide after consuming the weed killer paraquat.
Controversial blogger Raja Petra Raja Kamaruddin, who was detained under the Internal Security Act (ISA), eluded authorities trying to serve a warrant of arrest against him for failing to turn up in court for a sedition charge and another for a charge of defaming the prime minister’s wife, Datin Seri Rosmah Mansor.
The Petaling Jaya Sessions court said it had no alternative but to discharge the blogger, who is reportedly in London, although police earlier speculated that he was in Australia.
FMT
31/12/09
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