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Tun Salleh: Guilty or not guilty for judicial misconduct? PDF Print E-mail
Posted by kasee   
Wednesday, 21 May 2008 21:04

Found Guilty, But Still Not “Guilty”

It is incredible that after more than twenty years, the issue is still a matter for debate.

In the normal course of things, especially in trial matters, when an accused has exhausted all his legal rights and is found guilty, the matter of his guilt is deemed “settled”. The guilty party has to serve his punishment and then move on.

But in the case of Tun Salleh, the issue of his guilt still lingers on.

Why?

I blame it on the failure of the government at the material time to explain adequately to the people the reasons for the setting up of a Tribunal to investigate into the judicial misconduct of Tun Salleh, the former Lord President of the then Supreme Court of Malaysia.

This has led to the present sorry state of affairs concerning the Malaysian judiciary. How else can we explain that Pak Lah and his spin doctors can still exploit a “dead” issue to divert the attention of the people from his failures as a Prime Minister and the corrupt practices of his family in the process of amassing a fortune worth US$ billions?

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written by freedom lover, May 21, 2008 | 21:26:32
The leaders in UMNO still holding tight to their Ketuanan Melayu syndrome mainly because, it is through promoting this agenda that Malays in high positions can help another Malay in high position to go unpunished for any wrong-doing! Maybe you should write on another topic next time...The Beneficiaries of Ketuanan Melayu!
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written by donplay, May 21, 2008 | 21:29:21
It's you Matthias Chang again!

The truth is the Fed court was going to find UMNO Baru illegal and with it Firaun would have had to go back to selling snake oil. So, documents, letters etc were forged or manipulated to get rid of Abbas. 3 of those on the Panel who convicted him were not his Peers, and so the whole RC was ultra vires our Constitution.

If you have proof of Pak Lah's family illegally amassing $3 billion, please Lompat forthwith to the police station and make a report. After all, this is was your ex-boss Fiarun used to advise us all !!
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written by KotaDamansara73, May 21, 2008 | 21:30:17
Malay will be the most unprogressive society if many of them still thinks that mahathir is their hero.
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written by KKchan, May 21, 2008 | 21:47:56
I have always been troubled by the events leading to the dismissal of Tun Salleh and the other judges. I feel not all facts were on the table for us to get the whole picture. Matthias' latest piece adds to the picture. I am not entirely convinved that Tun Salleh did not do something silly or that TDM ochestrtated the whole thing. To suggest that TDM sacked the lot because he knew the court was going to find against UMNO Baru is to prejudge both TDM and the judges. How can we know that that was what the judges were going to do? For TDM to ochestrate the entire show, he would need the participation of the Agong and the tribunal. Unless we say too that he bought the Agong and the tribunal. TDM didn't sack Tun Salleh and the others. The tribunal recommended that they be dismissed and the Agong acted on it. For the Government now to promise an ex-gratia payment is only to gain some traction with the people (after GE12) and to belittle the Agong and the tribunals.
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written by Daryl, May 21, 2008 | 22:11:25
Just amazing how these UMNO politicians work. First, they under estimate the rakyat will ever vote against them. Second, they thought all rakyat want is good news and spin it that way. Third, after the first two didn't worked they use fear to try to scare people. Finally, they under estimate Pak Lah and scrambling all over the place to find a way to under mine his power. It is just aone great show after another. It will be great only if the world is not watching our amateur brand of politics.
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written by rainmanpj, May 21, 2008 | 22:24:44
I don't think Tun Salleh is guilty.

Okay , let us put it this way.
What could the Lord President of our highest and highest court could done wrong that you need to remove him ? You had to think that it better be damn good reason(s) and solid evidence(S) and without no reasonable doubt in order to remove the Lord President of the highest prestige. Can the PM and the Lord President talk over ? It's not like the Lord President was caught on camera doing naughty thing or caught holidaying with laywer and expenses paid or blow up somebody.
Imaging even that , all the persons are not guilty (yet).

There was not a single evidence that the tribunal ( remember the second in command judge who had everything to gain by removing the Lord President) could produce to justify such a serious accusation.

And I am sure you don't fire your juniors just because they forgot to switch off the air-cond before they go home.

Neither do you remove the PM just because his son get all the contract.

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written by Fernz, May 21, 2008 | 23:06:41
Misconduct is a highly subjective term.

Tun Salleh Abbas played into Mahathir's hands when he did all those things which he was accused of doing. Mahathir of course provoked him into doing what triggered off his suspension and the commission. Why Mahathir did it is besides the point. Musharaf of Pakistan did similar things recently to his Chief Justice. Must have consulted Mahathir on this.

The rest is history.

The point is that Tun Salleh Abbas, in my opinion, was guilty of misconduct and was duly found guilty. You can argue till the cows come home but I don't think any lawyer worth his salt would say that Tun Sallaeh Abbas was not guilty of misconduct.

Mahathir is up to his old tricks again. Trying to provoke Badawi into doing something stupid or lashing out, so that he can resurrect his Ketuanan Kaka/Jawi Peranakan/*****/KDK/DKK/Arab. Badawi of course is either too dumb, too lazy or too smart to fall for Mahathir's tricks. Hence, Mahathir's increasing frustration with him. Mahathir is probably chewing on his
you-know-what right now.

http://fernzjoefernandez.blogspot.com

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written by Littlebird, May 21, 2008 | 23:16:07
Can someone confirm whether Salleh Abas was the man who drafted NEP? Thought I read it somewhere but couldn't quite put my finger on it.
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written by Littlebird, May 21, 2008 | 23:20:38
off topic:- And is this Mathias Chang was the same lawyer accompanied RPK's wife to Sungai Buluh?
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written by Fernz, May 21, 2008 | 23:22:44
The NEP was drafted by a matsalleh. Forgot his name. He returned to Malaysia a few years ago on a visit and the Nst ran a story on him.

http://fernzjoefernandez.blogspot.com
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written by Littlebird, May 21, 2008 | 23:35:55
Frenz, so we need a Mat Salleh again....

BTW, I think Salleh abas name was mentioned as the then solictor general.
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written by zul4kulim, May 21, 2008 | 23:41:59
Dr M determined to get what he wants, everything else is collateral damage

http://1426.blogspot.com/2008/...teral.html
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written by Watcheyes1, May 22, 2008 | 00:08:37
Mathias Chang lu lagi kah???
the one who set up the Tribunal was your Boss Firaun Melathir!!
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written by tenang, May 22, 2008 | 00:29:13
Trying my best to keep a good faith for debating, I think Mathias article misses the main point for not acknowledging that sacking the highest office judge over a trivial matter is choping off the head off judicial system. The action renders our judicial system severely weaken, and make the judicial branch no longer able to serve a proper check-and-balance in our political system. Most judges, if not all, since then are discouraged from making independence judgement based on their interpretation of laws. Remembers that judges are also human and they should not be put under a position of losing their job or demoted for executing their responsibility of making judgement. Sacking highest ranking judge over trivial matter is not just impacting Tun Salleh Abbas, but it is the People right that got crushed indirectly but severely.
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written by fireduck, May 22, 2008 | 00:58:57
Whatever Mathias said is not important. He is known to be a diehard Mahathir fan, so everything he sees is thrugh coloured glasses. His idol can do no wrong in his eyes.

Going by history of Mahathir and the Rulers, my bet is that Salleh Abas was probably set up, and he was NOT guilty. Mahathir wants Mahathir gets. That's the gist of it. Whoever stands in the way will just be bulldozed. The royal Rulers got the same treatment from Mahathir. So, let's do a piece on that episode, Mathias. The fact was that Mahathir knew how to manipulate perceptions and emotions to get what he wanted.

In the process, everything got screwed. My only other wonder, is why Sultan Azlan, then 'freshly retired' from the Judiciary, allowed Mahathir to screw it, and then to be screwed a second time as a Royalty. That's double whammy.
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written by doggone, May 22, 2008 | 01:52:55
Matthias,

I have read the letter by Tun Salleh Abas and I am surprise that you can conclude any essence of disrespect in it. I suggest you revise your suggestion as such.

You are trying too hard to exorcise the Oldman's sin and as such incriminate him even more. A nervous heart is prone to mistakes. Overkill will worsen a situation rather than bettering it. Like the Chinese saying 'There isn't three hundred taels of silver buried here'.

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written by Wakeupmsia, May 22, 2008 | 02:04:06
The "reasoning" is beyond the norm reasoning of a sensible human being. He can and is equated with Ling*** "I am the king in my house. I can say what and how I like" or more brilliantly, Dan Brown's "Da Vinci Code". Of course, DB made plenty of dos and publicity.

Bought a book written by HIM sometime back - "Future Fastforward". Read less than 20 pages, threw into the dustbin without remorse.
Tanjung Rambutan, at the outskirt of Ipoh is THE place where I would beg him to seek remedial solution to his "brain". Never mind the fees, we will be able to raise the funds for you. Please consider, MC.
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written by astina, May 22, 2008 | 09:08:07
There was a book by TDM on why Salleh Abbas was dismissed.Has anyone read it ?
In that book , TDM exposes a case where Salleh Abbas did meet the required impartiality required by law as it concerned an underaged convert .

This one case was enough for TDM to dismiss Salleh Abbas ..

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written by ONGJJJ, May 22, 2008 | 09:18:07
Matthias, you had vested interest then or tainted by association, so conflicted out daaa...lawyer konon...sudah laaa....stop making a fool of yourself...document could be forged daaa...
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written by InEffective, May 22, 2008 | 11:21:45
Aiyah - catch the current crooked judges as well - they are still sitting on the bench being dysfunctional and robbing the rakyats of their rights.

Wanna a buy a rotan ?
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written by Mamamia, May 22, 2008 | 11:27:08
KotaDamansara73 wrote :

"Malay will be the most unprogressive society if many of them still thinks that mahathir is their hero".

How very true. But many of them are really uninformed, IT illiterate and onlu read UM, BH, or watch news by RTM 1&2 and TV3. News other from these are deemded unreliable or mere rumours. That is why RTM or TV3 are very generous on interviews with personality the likes of Tan Sri Abdul Aziz Tapa, though this "orang lama" UMNO from Jasin, Melaka, most of the time does not have the tangible substance to answer to why Malays are lagging behind, what attitude to foster and what attitude to be banished away in order to become progressive and standing shoulder to shoulder with the rest of the community, etc.
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written by Sword of Justice, May 22, 2008 | 11:40:49
Mahathir keeps saying that Saleh Abas was removed by a tribunal in accordance with the law. And in his own words he says that if the present government wants to hold an inquiry on him, it has to be done with people form out of the country as he does not trust the people here who will judge him. Is it not strange for him to say that unless he knows that he is guilty of the same crime that he accuse the present government vis vis the setting up of a tribunal to investigate him. So on on one hand Mahathir says all the previous judges was removed in accordance with the law, and on the other hand he says he does not trust the people here to provide fair justice. whats good for the geese may not be good for the gander after all.
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