Saturday, October 25, 2014

Anwar a Victor, villain or victim?? Let history decide by the ‘Court of History’

In Alan Bennett’s celebrated play ‘Forty Years On’, there is an amusing but poignant scene centred on the trial of Neville Chamberlain by the ‘Court of History’. This court, the presiding judge informs the disoriented accused, is "not a ‘Court of Justice’. We judge solely by appearances, and i don’t like yours." In a court where the presentation of evidence follows the sentencing, Chamberlain is held guilty for his failure to recognise that Hitler was a "patent scallywag". He is handed out a two-word sentence: "Perpetual ignominy".There may be unintended similarities between the procedural quirkiness of Bennett’s ‘Court of Justice’, particularly its decision to ”judge solely by appearances”, and the lack of rigour that marked Justice

Looking deep into your own eyes, or another’s, can be an uncomfortable experience because not all of us are prepared for the truths revealedOn the face of it, it’s difficult to figure why Anwar is treated as a heinous offender by the  Malaysian criminal justice system because, according to his prosecutors But , Muhammad Shafee celebrity federal prosecutor currently pursuing Anwar with great ferocity, is hardly going after friends of Mahathir and Najib  of a large number on this score from leading the Attorney General’s Chambers’ appeal against Anwar Ibrahim’s acquittal for sodomy. Shafee’s appointment as Deputy Public Prosecutor smacks of desperation and sets another bad precedent, sending the wrong message that the authorities will go to extraordinary lengths to secure the conviction of UMNO’s political adversaries.Shafee is a well known UMNO lawyer and has appeared in court and advised in several matters that concern UMNO’s interests and has admitted so in his CV.Umno lawyer Tan Sri Muhammad Shafee Abdullah (pic) and Putrajaya will suffer from negative public perception if he is made the Attorney General, a lawyers group said.

Lawyers for Liberty adviser and co-founder Eric Paulsen said Putrajaya should not even consider Shafee a candidate for the job as “he is carrying too much baggage”.
“The office of the AG is sacrosanct and any candidate must be seen to be neutral and above politics,” Paulsen told The Malaysian Insider.
 He has acted and advised former Prime Minister Mahathir Mohamad and Prime Minister Najib Razak and his wife Rosmah Mansor, all known and bitter political adversaries of Anwar Ibrahim. Shafee is also presently defending a few high profile defamation cased filed by Anwar Ibrahim appeal case that went awry? .The most important issue is is the power struggle between Mahathir and Najib , why did then Shafee give up his cover and focus attention on Anwar? Shafee is key fixer in Baginda non appeal freedom while Ghani is chief  architect of sodomy1 and 2 with appeal . There are no easy answers but it is conceivable that Shafee realized that he was being watched and put pressure by Rosmah pointing out that Ghani was vulnerable If this is the case, then kudos to Ghani smart enough to realize that he was being targeted. As pressure mounted on Najib to remove Ghani first Mahathir and then Rosmah put counterpressure on Shafee. Ghani by filing a case agaist Mat Zain possibly got some help  from a US CIA agents working at Attorney Generaloffice of Malaysia.He said if Shafee was appointed or even considered for the post, then the whole debacle that had plagued the AG’s position would turn from bad to worse because he (Shafee) is “through and through an Umno lawyer”.
He said Shafee had acted and advised previous prime ministers and even current premier and Umno president Datuk Seri Najib Razak on various matters.
“Shafee was also known to have taken up adversarial position against the opposition, especially Datuk Seri Anwar Ibrahim.
“That is why, it is all the more inappropriate for him to be involved in Anwar’s sodomy case. The public perception is that if he successfully secured a conviction for the prosecution, there will be a trade off, and Shafee gets to be the next AG,” said Paulsen.
On January 9, 2012, the High Court in Kuala Lumpur acquitted Anwar on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, 26, at the Desa Damansara condominium unit in Bukit Damansara, Kuala Lumpur, on June 26, 2008.
Shafee is expected to lead the prosecution when the Court of Appeal hears the public prosecutor’s appeal on February 12.
Paulsen was commenting on The Malaysian Insider report today where Shafee had said that he would take up the position of Attorney General as “service to the public was far more important than making money”.
“I would take any position to do public service. And if that public service is something I am qualified for, if the government really requires me, I will take it,” said the 61-year-old Shafee.
Shafee said rumours of him becoming the AG had been around since the time of former prime minister Tun Dr Mahathir Mohamad, some 15 to 20 years ago


Looking deep into your own eyes, or another’s, can be an uncomfortable experience because not all of us are prepared for the truths revealed On the face of it, it’s difficult to figure why Anwar is treated as a heinous offender by the  Malaysian criminal justice system because, according to his prosecutors But , Muhammad Shafee …Continue readin


From the timeNancy Shukri  joined  politics, it was clear that he was a misfit. Nancy Shukri what is your job as Najib's Minister? to suck attorney-general's balls
Malaysia already has enough powers under existing laws to protect Islam and there is no need to go to  crying to the attorney-general. Minister in the Prime Minister’s Department Nancy Shukri say you’re never too old for education. would vouch for that, having been taught an important lesson recently.As a responsible leader she was heading for problems the moment she started praising the attorney-general (AG) No wonder Najib is no longer the spokesman of Malaysia Boss, that’s just a criminal thought just read out the decision, law minister repeats. Isn't it obvious the AG is the idiot who said that Ibrahim Ali is merely defending Islam by asking people to burn the bible !!Look at the case he filed for sedition ? Has he denied he met the 60 UMNO division heads >of course not , he will only be proven to be a liar if he does. The AG is nothing but a tool of UMNO

 AG never came out to say he asked you to read it. So how do we know the real facts? You are a lawyer and an MP from Swk, you should be brave enough to refuse. Why didn't you? Will you sell the country in future just because you are not brave enough to stand up ? Why is the political corruption angle not being investigated Arbitrary curtailment of human rights violates the Rule of Law, no matter how high the authority which falls into that trap. But a judicial determination guided by anger at the passivity of the executive, rather than cold, legal logic does not give comfort that India’s system of checks and balances is working.
But what there are some intriguing aspects to this case:The decision to push forward last Friday’s appellate verdict declaring Malaysian opposition leader Anwar Ibrahim guilty of sodomy represents the final return to power – if from behind the scenes – of former Prime Minister Mahathir Mohamad, sources in Kuala Lumpur say.The case was taken up despite the fact that Anwar’s counsel told the court he was unavailable on the dates set. Invariably appellate courts grant delays in such situations. Also, the Bar Council said, the registry of the Court of Appeal had told Anwar’s lawyer to reserve April 7-10 as the proposed hearing dates, but suddenly moved them up to last week.Normally judgment is reserved for a few days, or even months. But the appellate court insisted on delivering the guilty verdict against Anwar on the same day, insisting on proceeding with sentencing into the early evening despite the fact that in most cases the court adjourns at 5 pm.“These matters raise many questions, cause much speculation, and lend to the perception that justice may have been hijacked,” according to a bar council statement, signed by Christopher Leong, the Malaysian Bar President. “The questions to be answered, in the mind of the public, are thus: ‘Was the cause of justice best served by the manner and timing in which this appeal was handled’?” and, ‘Was the administration of justice compromised or interfered with’?”readmorehttp://themalaybusinesstribune.blogspot.com/anwar-victor-villain-or-victim.html
 Is  Najib's Government run by the Attorney-General instead of the Cabinet, since Ministers defer to the AG and do not deign to question him on what he does, even when they don't agree with him. Exactly who is the AG reporting to then, maybe to Mahathir The government and Attorney-General (AG) Abdul Gani Patail have been asked to break their silence on the call by Opposition Leader Anwar Ibrahim's legal team for an end to the intimidation against them.It is unfathomable that he chose to be involved in something as shameful as a mission to spread cleanliness in the country. Doesn’t he get what it really means? They are trying to clean the country of their enemies, the minorities, 
what a lot of people in the country might be thinking right now but can’t bring themselves to be upfront enough to put into so many words."Let's compromise on Judiciary for a stable UMNO" This is refreshing – and surprising – candour from UMNO  which in effect says that if stability of governance is to come at the cost of moral compromise, so be it – is a rare and honest response to Malaysia’s ingrained culture of bribery and graft. Corruption has become endemic to the country, as has the hypocrisy that accompanies it. All of us –from Elitist to common citizens – publicly denounce Judiciary corruption  in as the greatest besetting sin of our body politic, but privately we accept it as being part and parcel of our daily lives, almost as indispensable as the air we breathe and the food we eat. a tenure which witnessed rampant corruption matched with not just policy paralysis but policy retrogression in matters This is widely felt to be not just a desirable end, but the only end that matters. And the means of attaining that end like Judiciary with retrospective effect which scared off potential investors, both foreign and domestic – the country is in desperate need of not just political stability but also political efficacy. India wants not just a government that works, but also a government that will allow .citizens will endorse, if not explicitly then at least implicitly – don't matter very much at all.If morality is an obstacle to our achieving the necessary objective of having a stable, workable government then let’s dispense with morality, or at least dispense with the pretence that this commodity is capable of existing in our public life. – if ever there was such a creature – but only the politics of expediency.If everyone is more or less corrupt, corruption becomes a non-issue, as  Judges has pointed out. What’s important is 'good' — read 'effective' — governance.
It got under my skin. It disgusted me, to see how  Justice was being commercialized in Malaysia  After all, our judiciary is  in a hurry to convict anyone and when it does the right deal the Supreme Court is basically kind and considerate and adopts a humane approach towards the guilty as they too are human beings with human feelings and emotions and I really have no problem with that. In fact, it is indeed a laudable feature of our judiciary. Period. The question is, the UMNO's judges and  commercialization of Justice  spared not a thought for the families of their victims? These people too deserve the court’s mercy? They too have the right to breathe free, like you and me? Doesn’t crime deserve punishment? Doesn’t even God mete out reward and punishment according to our actions?


 In the case of Halim Saad, Lawyer Shafie Adullah wrote a letter to federal court judges about character ofJustice G,S.Ram on the case.Federal Court expunge the comment of Justice G.S.Ram and further commented he is "frolic" but in this anwar case now cannot expunge.Eventhough the federal has acquitted him of sodomy charge .Why Federal court did not remind AG to take contempt of court against Shafie? UMNO's judges have all been instructed wants to kill off their arch-enemy once and for all.
Anwar Ibrahim has failed in his bid to expunge certain paragraphs in the majority 2004 judgment acquitting him of the first sodomy charge, for which he was sentenced to nine years' jail, but which also stated unequivocally that the incident had taken place. This is the sacrifice a politician must anticipate. The whole country will assure you that your supreme sacrifice will not go to waste.

The judge found you not guilty as charged but he also expressly stated that he believes you have convicted the crime. What is this?The standard of Malaysian Judiciary is akin to the Malaysian education. In light of Sodomy 2, Anwar's efforts is akin to knocking his head against the solid wall.As long as the judiciary in Malaysia is tainted, corrupt, and subservient to the ruling party UMNO, the fair-minded rakyat will not respect the court decisions. The rakyat are not fools and can see that these are politically motivated and trumped-up charges against the opposition leaders.How many of us can honestly say that we are ALWAYS honest, come what may? Not one! Ouch, that hurts, eh? But it’s the truth, whether we admit it or not—sorry, guys.http://themalaybusinesstribune.blogspot.com/2014/03/a-peek-into-umnos-judges-and.html

When the tail seeks to wag the dog

Are the learned judges unaware that it is public knowledge that Saiful was Najib Abdul Razak and Rosmah Mansor's house guest - in the presence of Muhammad Shafee Abdullah - two days before he lodged his infamous police report against Anwar Ibrahim?

Another possible explanation could well be an attempt by the Mahathir to divert attention from the controversy over his failure opportunity with a vengeance that would have done Vito Corleone – the Godfather played by Marlon Brando - proud.
That danger is no less acute when Judges, deploy official agencies to get even with rivals. More often than not, such deployment is initiated outside the framework of laws, rules and regulations. Fake fabricated cases are evidence of this conceited insouciance.  case is abuse of power that is in flagrant violation of the laws by those who are duty-bound – because of the positions they occupy – to uphold them.The intricacies of the cases continue to be subjected to close and critical scrutiny in the media. But the larger picture they reveal hasn’t attracted the requisite attention: the growing disconnect between the “hardware” and the “software” of Malaysian democracy. The “hardware” of democracy include legislative and executive institutions, the judiciary, . And the “software” relates to the observance of rules and regulations, conventions and precedents to enable the institutions to function in a transparent, accountable and effective manner. What is the recUMNO to promote its national-level interests in states where it has a negligible presence. The strategy is to woo (with financial largesse) or intimidate (with the deployment of central investigation agencies) rival  parties. Let them be at each other's throats on their home turf, runs the argument, but make sure that in Putra Jaya they keep the UMNO-led government going.

Now that a court has given its cachet of approval to MCA vice-president Chew Mei Fun the fierce reaction of the to the Centre’s move is par for the course.Chew said,MCA already knew from beginning that the appellate court would deliver its judgment it is all fix one would expect the sting in the public discourse focussed on him to weaken, if not disappear altogether from politics.

 Chew Mei Fun  is condemned to live with this disgrace for her 'conspiracy' to keep Anwar awayuntil her last breath no matter how much he atones forher  alleged act.Conviction aimed to stop Anwar from becoming MB Given the gravity of the charges,

That, however, is unlikely to happen any time soon. In the campaign leading up to the Kajang by election, both supporters and detractors of  Anwar wouldn’t miss a single opportunity to trade bitter polemics.continue his search for justice would, at the very least, make sure that the ghosts of Mahathir are not entirely banished into oblivion. Pakatan has dubbed it as a ‘political vendetta’ and a ‘witch-hunt 

The words of this column will make no difference. My apologies for a rare detour into the personal, but this is a rare moment.had become impervious to anything except sycophancy. Words demand a different kind of loyalty, and one was relieved to return to the world of words. relate to an unforgiveable betrayal of trust reposed in them the  Judges  by their readers, friends, colleagues and followers. What makes the betrayal odious is that these individuals professed to promote highfalutin principles of moral and spiritual rectitude. All three of them emasculated the substance of their calling and, in the process, polluted the “software” that is expected to keep state and society in Malaysia in fine fettle. READMOREhttp://themalaybusinesstribune.blogspot.com/2014/03/anwars-conviction-when-judges-are.html

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