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Justice in Malaysia is still illusory


Friday, 30 July 2010 Super Admin
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The public has a right to know what happened in the DPP’s dismissal and the defence counsel is right in calling a mistrial. There is no need for the cloak-and-dagger stuff because justice thrives in the light of transparency. The truth never hurt a good cause and the innocent. The public has a right to know the truth.

Written by Steve Oh, CPI   

In another place where justice is beyond political interference, a case like Sodomy 1 would never have existed let alone a serial Sodomy 2. That Anwar Ibrahim is seen as a victim of political conspiracy can’t be denied when even certain foreign governments still keep a close eye on the court proceedings and openly express their reservations and concerns.

The latest scandal involving the key witness and protagonist in Sodomy 2 has resulted in the dismissal of the DPP engaged in the case. Romantic liaisons that develop in professional situations are known to happen but in the case of Sodomy 2 where the future of a high-profile defendant like Anwar Ibrahim is at stake, any hint of a professionally and ethically illicit affair has to be taken seriously.

If Raja Petra Kamarudin had not blown the whistle, it is open to conjecture what might have happened. In fact what has already happened should worry the public, and especially the defendant.

As for RPK, perhaps it is time we take him more seriously especially those who are responsible for upholding justice. It seems unfair to turn a patriot into a fugitive especially one who is only trying to help his country become a better place.

The public has a right to know what happened in the DPP’s dismissal and the defence counsel is right in calling a mistrial. There is no need for the cloak-and-dagger stuff because justice thrives in the light of transparency. The truth never hurt a good cause and the innocent. The public has a right to know the truth.

There is high public interest in Sodomy 2. It is not only the defendant on trial but the whole country, in particular the judiciary. There have been some disturbing aspects in the case such as the accuser seeing a police officer and the country’s PM before making a police report. This lends the case to the criticism it may be politically contaminated.

Then there is the troubling refusal of the court to grant the defendant and his legal team access to crucial statements made by the accuser to the police. It seems to be a fundamental breach of Natural Justice 101 for someone accused of a crime not to be able to know what he is being accused of and the alleged relevant circumstances. Even in Islam you need four witnesses in a claim of rape.

‘Justice must not only be done but be seen to be done’ is a well-known maxim. And it is here that the incumbent administration is seen to falter. Its unwillingness to make the judiciary a highly respected and independent public institution by pursuing every avenue to reform it results in the decision of the country’s Chief Justice, Zaki Azmi, not to pursue the VK Lingam video royal commission recommendations.

Introducing ‘past principle’

Zaki’s reasoning that the VK Lingam (left) scandal dealt with the past and he is more concerned about the future does leave many Malaysians in total bewilderment.

Is this the new guiding principle of responding to the findings of royal commissions? Should we close all the police stations because every reported crime is about the past? If everything that happened in the past should be forgotten, life will be so much more expedient, even more than dropping the VK Lingam scandal.

If judge-fixing has been found to be a problem, those who have allegedly contaminated the judiciary must not be allowed to go scot free. Is that not why cruel dictators are still held to account for their barbaric crimes against humanity many, many years after their evil deeds?

It is utter nonsense to introduce a ‘past principle’ to close the VK Lingam video scandal because the judiciary exists to deal with the past. Justice is about judging past deeds good or bad, and making a proper judgment. After all the accountability of past actions is the premise of justice. So whither justice if people merely let bygones be bygones without some justification.

The role of a royal commission is to establish the truth and facilitate the bringing to account of those who are culpable and exonerating the innocent. We fail those in the commission who laboured to give us the truth by not building on their efforts.

The country is often criticized for its disturbing practice of selective prosecution, of dropping cases that should be pursued and pursuing cases that should be dropped. The VK Lingam video scandal is classic proof.

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Comments (11)Add Comment
...
written by my oumrie, July 30, 2010 23:24:30
When you think about Judiciary in this country, does anyone know of a better word than HAPRAK?
...
written by justice seeker, July 30, 2010 21:38:49
he public has a right to know what happened in the DPP’s dismissal and the defence counsel is right in calling a mistrial. There is no need for the cloak-and-dagger stuff because justice thrives in the light of transparency. The truth never hurt a good cause and the innocent. The public has a right to know the truth.

ALL THESE JUICY SCENES WILL BE CLEARED BY THE COURT AND EVIDENCE WILL BE HEARD IN
CAMERA ONLY FOR A SELECT FEW TO WATCH AND ENJOY. WE ARE NOT PRIVY
...
written by Atheist, July 30, 2010 11:55:34
I think I like this comedy and it is my perception that it should be turned into a musical .... it will be an international hit !!!

You accuse the guy of being a homosexual and he is screwing around with the prosecution lawyer. What so homosexual about that unless you amend the charge to being a bisexual. ---- MISS/ MRS TRIAL.

The prosecution says that it upholding the law, values and the Malay culture ... but the DPP is upholding something else !!!

The prosecution can extract semen from impossible places but cannot prevent discharge of semen in what should be impossible circumstances.

Is the prosecutions mattress going to be exhibited side by side with the plaintiff's ????

The prosecution knows of events miles away but is ignorant of happenings right in the courtyard???

Gajah yang dekat tak berperasaan tapi nyamuk yang jauh dikeji.

JUSTICE MAYBE BLIND BUT IT CAN SEE IN THE DARK !!!!!!
smilies/angry.gifsmilies/angry.gifsmilies/angry.gifsmilies/angry.gifsmilies/angry.gif
...
written by tompipi49, July 30, 2010 08:19:18
In Malaysia, we UMNO never make mistake. We are always right. You make a report on illegal gambling, prostitution, cyber gambling etc, to the police;- you'll be detained and you'll be charged for making a false report of sensitive issue to UMNO. Who can dethrone us. You make more problem - we will burn your churches, we will send you back to India/China. Remember its KETUANAN MELAYU you know.

The above is the norm in Malaysian UMNO politics now. Unless we the oppressed stand our ground.
...
written by arazak, July 30, 2010 08:04:39
What, Justice illusory? There is no justice at all. . ., zip, nada, elek, sifar, ziltch!

That is why investors are fleeing this country like plague. Not only that, even professional Malaysians are fleeing this fcuk tup country!
...
written by eloofk, July 30, 2010 07:59:16
"Do Not Fear, For I'm With You!" Says the Lord.

Not matter how the government suppresses the people and justice denied to them, God knows and He will enlighten and right the wrong.

For he who defies, they will face the wrath of God, when He pronounces judgement!!!
...
written by Celestial, July 30, 2010 07:02:05
Malaysians have to really wake up and vote this corrupted government out of office. Then it needs to systematically rid itself of all the crooked bureaucrats. They have to start from the top to set the examples. All the crooked judges also needs to be sent to jail. Freeze all travel of these top people and their assets. We will make sure Western countries do not take in these scum.
...
written by IbnAbdHalim, July 30, 2010 05:23:50
Hey Pete,

Salam, they say you're not telling the truth. And some said what you wrote are only 40% truth, the rest are lies. Well, now AG has decided to drop that DDP from the prosecution team. What's cooking? No truth, eh? Well, whatever happens I think Anwar will kena punya because someone wants to get rid of him.
...
written by red1, July 30, 2010 04:24:54
And i thought i am supposed to believe RPK 40% only. But the AG believes him 110%. Gani removed DPP Farah Azlina even without her defense called nor a chance for her to resign gracefully.

WARNING TO FUTURE DPPS: Make sure you read the appointment letter carefully. Immediate sacking allowed if your name is splashed by RPK online.
...
written by red1, July 30, 2010 04:21:45
RPK must have more bombshells awaiting to send home across the web. We eagerly await his amazing contributions. He should be given immunity and a big medal by the govt considering the role he plays voluntary without desire for a position in the govt in uncovering injustice and grave miscarriage of law. Allah bless Raja Petra.
...
written by DreamLady, July 30, 2010 03:55:56
My dear Raja Petra, million thanks for leaving the country, or else there is no one to dig up dirt and expose Saiful and Farah's affairs, and the devils shall live happily ever after when there is no whistle-blowing from faraway land.....

May God forever bless you and family, take good care, won't you!!

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