Malaysian law continues to put kids in jail

The Star October 24th 2007:-
The teenager who was freed three months ago for murdering his tuition teacher’s daughter in 2002, went back behind bars after the Federal Court overturned the Court of Appeal’s decision.

Chief Justice Ahmad Fairuz Sheikh Abdul Halim, Court of Appeal president Justice Abdul Hamid Mohamad, Chief Judge of Malaya Justice Alauddin Mohd Sheriff, Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judge Justice Zaki Tun Azmi unanimously allowed the prosecution’s appeal and reinstated the High Court’s order that the 18-year-old be detained at the pleasure of the Yang di-Pertuan Agong.

After the proceedings ended, the boy’s family approached the teenager, who was seated in the dock and took turns hugging him before he was handcuffed and sent back to Kajang prison.

The boy, who wore a blue long-sleeved sweatshirt and jeans, remained stoic and quietly followed the police out of the courtroom.

In 2003, the High Court found the boy, then aged 12, guilty of murdering the 11-year-old girl at her house in Sentul, Kuala Lumpur, by stabbing her 20 times and slashing her four times with a sharp object on May 30, 2002, and ordered him to be detained in prison at the pleasure of the King.

On July 25 this year, the Court of Appeal upheld the conviction but ruled that the sentencing was “unconstitutional” as Section 97(2) of the Child Act 2001, which provided for this sentence, violated the doctrine of separation of powers by consigning to the Executive the judicial power to set the term to be served by a juvenile offender.

In his 17-page written judgment yesterday, Justice Abdul Hamid said the Court of Appeal, despite declaring the sentencing unconstitutional failed to show which provision of the Federal Constitution it was inconsistent with.

“Instead the court held that the section violated the doctrine of the separation of powers, which, in its view was an integral part of the Constitution,” he said.

Justice Abdul Hamid said Malaysia’s Federal Constitution had the features of the doctrine of separation of powers but at the same time it also contained features that do not strictly comply with the doctrine as it depended on the provisions of the Constitution.

“No provision of the law may be struck out as unconstitutional if it is inconsistent with the Constitution, even though it may be inconsistent with the doctrine,” he said.

The Court of Appeal president also held that the doctrine of separation of powers was not definite and absolute.

“The extent of its application varies from country to country, depending on how much it is accepted and in what manner it is provided for by the Constitution of a country,” he said.

Justice Abdul Hamid said that even if the Federal Court held that judicial power is vested in the courts, in law, the nature and extent of the power depended on what the Constitution provided and “not what some political thinkers think”.

Outside the court, Attorney-General Tan Sri Abdul Gani Patail said the Federal Court’s decision has endorsed the fact that the draftsman had drafted the correct position of the law.

He said this was despite the comments from the Court of Appeal that the drafters had not taken into consideration case laws.

Asked about the boy, Gani said the teenager would be detained under the pleasure of the King and he would be subjected to a yearly review by the Board of Visiting Justices.

He added that his officers and colleagues involved in the drafting division had been vindicated.

The boy’s counsel Karpal Singh said he would be filing for leave to review the Federal Court’s decision soon as there were factors that needed to be explored.

He also said there were currently 15 other children convicted of murder that were being detained under the pleasure of the Yang di-Pertuan Agong, Ruler or the Yang di-Pertua Negri.


Is our judiciary system sinking to new lows or are our laws archaic?

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Malaysians should not protest

The Star, Sept 30 2007:-

According to our esteemed Information Minister Malaysian lawyers should not protest against the government as they would look like they belong to the "opposition". It would seem that going by his logic all Malaysians should not protest as they would then be seen as favoring the opposition.

It seems that most of our politicians cannot comprehend that the Malaysian layman could not possibly be disenchanted with their policies and hence they should never have the notion of organizing or attending a protest. We must be seen to agree with all their policies and follow them blindly without question. Any dissatisfaction must go through the so called "proper channels". Anything else would seem to be from the hand of the so-called "Opposition".

Reminds me of the movie V for Vendetta. If you have watched the movie you will know this is scary, to say the least.

Read Zam's comments here

You can now appoint your own Judge in Malaysia

Singapore, 20 September 2007:- Anwar's video 'exposé'- Shows clip purportedly linking judge to 'appointment fixing'

THE integrity of Malaysia's judiciary has come under the spotlight once again after former Deputy Prime Minister Anwar Ibrahim made public a video purportedly linking a senior judge to an "appointment fixing" scandal.

The eight-minute video clip purportedly showed prominent lawyer V K Lingam discussing the appointment of judges on his mobile phone.

Supposedly filmed in 2002, the video — posted on Youtube, Malaysiakini and Keadilan's websites — was cut down from over 14 minutes to "protect its source". Mr Anwar, Keadilan's de facto leader, also showed the video to the media at a press conference at his office in Petaling Jaya yesterday.

In the clip, Mr Lingam was heard telling the other person at the other end of the line: "No, don't worry Datuk … We want to make sure our friends are there for the sake of the Prime Minister and the sake of the country."

Other well-known names mentioned in the phone conversation included a business tycoon and several prominent judges.

Mr Anwar told reporters: "This video recording implicates the highest office of judiciary ... It is mentioned in the context of a conspiracy to influence the appointment of senior judges and pervert the cause of justice ... In view of this, we have reasons to believe that whatever had transpired in this exchange in 2002 had some bearing on the outcomes in a number of judicial proceedings, including mine."

Mr Anwar, who was sacked as Deputy Prime Minister in 1998, spent six years in jail after he was convicted of sodomy and corruption charges. The sodomy conviction was later overturned but the corruption verdict still stands.

Responding to queries from Today on his next move, Mr Anwar said Keadilan would file a special appeal with the Conference of Rulers, which comprises the country's sultans, to assume their "constitutional roles" and take appropriate action. He also said that his party would be lodging a report with the Anti-Corruption Agency and the Bar Council.

In a statement yesterday, the Bar Council asked for an official investigation to be made into the video. Council president Ambiga Sreenevasan said: "With the emergence of this video clip, the concerns expressed by various quarters in relation to the judiciary can no longer be swept aside."

Read the Report From ZeeNews, India

Suspend Malaysian CJ call from Aliran

Malaysia's AG says it is no big deal

I suppose since the AG says so this must be the norm in Malaysia?

Rampant Corruption in Abdullah's Government as Malaysia Celebrates its 50th

The Star 9th September 2007 Report on the Auditor General's Annual Report:-
Would you pay RM224 for a set of four screwdrivers?

Probably not, but that was what the Government paid to supply tools for students at the eight National Youth Skills Institutes (IKBN) around the country, according to the Auditor-General’s (AG) report.

The Star shopped around and found this set of Stanley screwdrivers. They cost RM32.80. For the RM224.94 set.
The AG said the screwdrivers had a market price of RM40 and according to pictures in the report, resembled the average Philips screwdrivers you could buy in any hardware shop.

And it does not stop there – the AG went a step further by examining the prices paid for 12 other tools and equipment bought for the IKBN project, comparing it with market prices when the procurement was done in late 2002.

Among these were technical books consisting 10 titles that had a price tag of RM10,700 and a 3.1 megapixel digital camera that was bought for RM8,254.



For the 13 items that the report highlighted, the Government paid RM8.39mil more than the market price at that time.

According to the report, consultants for the Youth and Sports Ministry had reached an estimated price tag of RM399.67mil for the equipment for the IKBN project which later ballooned to RM767.98mil after two appeals by the ministry for additional allocations.

“The ministry said more money was needed in anticipation of a bigger student population and that getting equipment from the same supplier meant prices would remain the same.

“But there was no proof that market research was done to identify the prices of the items and equipment because minutes for the negotiation meetings were not prepared,” the report said.

It said without the minutes, the auditing team was unable to find out if efforts were made to reduce prices.

The AG also said that the ministry’s secretary-general (KSU) had signed off 11 contracts worth between RM7.99mil and RM74.2mil that were related to the IKBN project, on behalf of the Government.

“The KSU only has the authority to sign contracts worth less than RM5mil. Anything larger should be signed by the minister or someone to whom the authority has been given.

“However, during the audit, no such letter giving the authority to the KSU presented itself,” the report said.

The report said there were also discrepancies such as one supplier being paid more than the other for exactly the same equipment.

One example the AG highlighted showed one supplier getting RM1.24mil more than the other for identical engineering equipment.

Well, after 50 years our government has indeed excelled in hiving off the people's hard-earned money year-after-year. And they still have the gall to ask us to vote for them! I can't believe that anyone cannot but feel utterly disgusted about Abdullah's government.

I suppose this is also "How companies benefit" from our budget year-after-year.

Losing faith in Dr Koh?

The Star (27 August 2007): Barisan Nasional component parties have forgotten that the coalition was set up to reduce politicking, encourage development and bring benefits to the people, Gerakan adviser Datuk Seri Dr Lim Keng Yaik said.

“Thirty-three years on, the component parties have forgotten this,” he said, adding that each party now only takes care of itself.

He was speaking at the annual state Gerakan delegates conference here yesterday.

Dr Lim said Gerakan should steer Barisan back to its original objective.

He also advised acting party president Tan Sri Dr Koh Tsu Koon, who was also present at the event, to move the Federal Government to quickly implement the state’s infrastructure projects such as the Second Penang Bridge, Penang Outer Ring Road and the Monorail.

“You have announced all these projects and if nothing happens for a long time, you will be blamed.

“Things must move for the people of Penang to have faith in you,” he said.

Have faith in him? Well Dr Lim is right in having doubts though!

Malaysia is neither this nor that

The Sun (Aug 27, 2007): Prime Minister Datuk Seri Abdullah Ahmad Badawi says the application of Islam Hadhari does not mean Malaysia is a theocratic country.

Abdullah said the government always paid attention and implemented what is best to preserve unity and the people's interest including ensuring each Malaysian is free to practise their religion.

"All quarters receive aid from the government, whether they are Mosques, Surau's, Temple or Churches. The country's development has been implemented fairly, without any ethnic community or religious community being oppressed," he said.

Abdullah said this was what was meant by his deputy, Datuk Seri Najib Abdul Razak, when he said that Malaysia was an Islamic country.

He reminded all that the Federal Constitution was formulated and undertaken in an understanding and cooperative manner by the three largest communities during their struggle to achieve independence and only contains articles which take into account the the needs of various communities to live in a peaceful manner.

In a written reply to Lim Kit Siang (DAP-Ipoh Timur), Abdullah reiterated that Malaysia is neither a secular nor a theocratic country.

"Malaysia is an Islamic country which is administered based on the principles of Islam and at the same time holds strong to the principles of Parliamentary democracy guided by the highest law of the land - The Federal Constitution," said Abdullah.

So one day we are an Islamic country, the next day we are not! I guess it depends on whom is speaking and what is the topic of the day! As for the official version... who knows?

Read the full article

Blogger Jeff Ooi Joins DAP

DAP 's rocket launching into cyberspace

DAP recently welcomed renowned Malaysian blogger Jeff Ooi into its fold

DAP is taking its campaign to cyberspace by launching an e-campaign – believing that the net-savvy community will be a force to reckon with in the next general election.

"DAP believes that properly channelled, the Internet community can shape the outcome of the general election, and even reach non-Internet users," said party secretary-general Lim Guan Eng.

He said new party recruit and regular blogger Jeff Ooi had been appointed as the general election e-campaign director.

Check out his newly created webspace

Check out this highly entertaining campaign video for Jeff with compliments from Kenny Sia

Better Things In Store For Penang?

The Star, August 1 2007:-

THERE is little doubt that Penang is about to be transformed, thanks to the projects lined up under the Northern Corridor Economic Region (NCER) initiative.

But when the Prime Minister arrived for the launch of the NCER, a number of those present noted the somewhat “transformed look” about Datuk Seri Abdullah Ahmad Badawi himself.

Abdullah was sporting a pair of rimless glasses and was much slimmer.

And it was no illusion. Abdullah has shed 9kg over the last couple of months and looks fitter and more energetic.

Some attributed it to the homely influence of Datin Seri Jeanne Abdullah, who was a picture of understated elegance in her printed beige baju kurung featuring a mandarin collar and cream coloured shawl.

His aides say he has been keeping a healthy diet and exercising and planned to continue with his health regime.

But looks and transformation aside, there was definitely a sense of homecoming for the Prime Minister during the launch.

First, Penang is his home state. Second, the genesis of the NCER is said to have begun somewhere up in the air over Seberang Prai.

During the great flood of 2003, Datuk Seri Abdullah Ahmad Badawi had surveyed the flood-damaged area from a helicopter. He was very affected by the destruction and told people how water does not respect state boundaries. It is likely that the seed of the NCER was sown then.

There was also little doubt in the minds of many of those present that the Penang sector, especially, is as much a political project as an economic plan.

Chief Minister Tan Sri Dr Koh Tsu Koon, who speaks fluent Malay, amused many by the way he buttered up the Prime Minister in his speech. But most of all, they noted that parts of his speech could easily be used again during the general election.

This is the best thing to happen to Penang in decades and Koh was very upbeat, describing the projects as “a gift” from the Prime Minister.

Yes, Dr Koh, this is what you do best - buttering up the PM every time he visits Penang. Is there no shame in you? After 15 years at the helm you only have a bus service to show for! Maybe we will have to wait another 15 years for a taxi service now??

Dr Koh Willing To Quit

The Star, August 3 2007 :-

PENANG Chief Minister Tan Sri Dr Koh Tsu Koon said he would quit as Football Association of Penang (FAP) president if there was a better candidate to replace him.

He said he concurred with the opinions of several other mentris besar that they would quit their executive position in sports associations if they were asked to do so.

“I personally like football. It (the FAP) is for Penang and for the younger generation, so (that is why) we support it,” he said.

Dr Koh said that he was willing to give up the post to a person who was more qualified and capable of securing financial fundings for the association.

There are definitely many whom are more capable than Dr Koh if he is only willing to let others lead as well. Please don't think that you are the only capable person around in Penang, Dr Koh, as otherwise we are all doomed... just like what is happening in Penang now - which is so developed that today (in this 21st century on 1st August 2007) we actually have a bus service in Penang!