Friday, February 12, 2010

No Wisdom In Old Age:Karpal Singh Should Be Cited For Contempt

Hantu Laut

What has become of this country? Have we become the wild and woolly? The land of barbarians.

Now, you can show disrespect for a judge in a court house.Courtesy of Pakatan Rakyat,
the government in waiting that many Malaysians think they deserve.

Since the dawn of a new era, the born again democracy, it's free for all, even in the court house where judges are held in high esteem, uncouth and contemptuous behaviour insulting a judge has become accepted form.So called freedom..... masking a culture of 'kurang ajar'. Boundless effort to ridicule the judiciary.

Our judge Mohd Zabidin has stayed cool, calm and collected in spite of being called a liar.He could have cited Karpal Singh for contempt and send him straight to jail.He was smart not to fall into the trap.That's what exactly Anwar and his lawyer wanted. To sell to Malaysians that the judiciary is corrupted and controlled by the executive.

Karpal unruly behaviour was nothing but an attempt at disrupting and delaying the court proceeding.They are using every trick up their sleeves to delay the case.Attack on the judge was designed to make him look bias to serve the court of public opinion.

I hope when our lordship return on the 18th he would cite the uncouth or aptly what the Malay would call 'kurang ajar' Lion of Jelutong' for contempt and send him straight to jail.

A judge who feels someone is improperly challenging or ignoring the court's authority has the power to declare the defiant person in contempt of court. There are two types of contempt, criminal and civil. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly - for example, by yelling at the judge or calling the judge a liar. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed or both as punishment for his act.

Disorderly, contemptuous, or insolent behavior toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by describing the behavior observed on the record. Direct contempt is distinctly different from indirect contempt, wherein another individual affected by a court order may file papers alleging contempt against a person who has willfully violated a lawful court order.

Need I say more?

Singh is King


Thursday, February 11, 2010

Believe It Or Not?

Hantu Laut

Doggone PERC report! Only barking dogs makes an issue out of such nescient and outlandish report.

Kit Siang wants Najib to respond to the PERC report that Malaysia is veering towards instability.Najib may be everything his enemies say but he is not that stupid to be upset by such report written more for its political agenda rather than its factuality.

Anyone can write a report.Raja Petra Kamaruddin is very good at it. He writes every day through his optical illusions on dirty politicians and dirty politics in this country.

His magniloquent claims of knowing everything happening in the police force and boasted that the police force report to him and not to the IGP is a mixture of lofty ideals and knowing everything but the kitchen sink.

Believe it or not?

Malaysia Today claims to have few million hits a day but never put a site meter to prove it.

Believe it or not?

Raja Petra, the princely populist,writing from his hideout somewhere in the fifth dimension (Mr Mxyzptik lives here too) claimed the police torture his son physically and mentally to get at him.

Believe it or not?

In his statutory declaration he claimed to know who and who were present when Altantuya was blown to smithereens in the forest.

Believe it or not?

He claimed to have a good time with some Polish women and posted photos to prove he is telling the truth.A picture paints a thousand words, he thinks.

Believe it or not?

He posted in his Malaysia Today photos of him with some beauty queens.Photos below.


You can see the two photos.Guess which is the fake one?

Believe it or not?


It is the Sun that revolves around the earth and not the other way round.

Believe it or not?

If you are a moron, surely, you would believe everything you read.

Wednesday, February 10, 2010

Malaysia State Constitutional Crisis

Hantu Laut

This article is flawed.At the time Sultan Azlan Shah decided to give the state to the BN there were 31 state assemblymen present and indicated their support of the BN and Zambri as MB in the presence of the Sultan.It was not 28-28 as mentioned.Nizar ceased to be MB the moment he lost majority support of members of the house.

Asia Sentinel
Written by Our Correspondent
Tuesday, 09 February 2010
Image








Any indication that Malaysia's courts were becoming independent of the government disappeared from view again Tuesday when the five-member Federal Court ruled that United Malays National Organization stalwart Zambry Abdul Kadir is the rightful chief minister of the state of Perak, the country's second biggest and one of its richest.

The state has been caught a constitutional crisis since May of 2009, with the government paralyzed by the controversy over who was actually in charge. Perak had been controlled by the national opposition coalition Pakatan Rakyat as a result of the March 2008 national election, with Mohammad Nizar Jamaluddin as chief minister. However, then-Deputy Prime Minister Najib Tun Razak engineered the defection of three lawmakers, bringing the government to a halt in a 28-28 tie. Upon their defection, Sultan Raja Azlan Shah immediately ordered Nizar to vacate his position and installed Zambry in his place.

That kicked off a melee in which 65 people were arrested. Ahead of Tuesday's decision, Rais yatim, the the Information Communication and Culture Minister Datuk Seri Dr Rais Yatim, was quoted by the state-owned national wire service Bernama as calling on the people to be calm.

"We should respect the decision irrespective of whether it favors A or B. We are confident in our judicial system and in the way the law is administered," Bernama quoted him as saying.

"The mood is somber," said a Malay woman in Ipoh, the state capital. "I think people are going to just have to wait for the general election," which is probably three years away. "The feeling is that the verdict about Nizar and Zambry was decided a long time ago."
Kuala Lumpur High Court Judge Abdul Aziz Rahim ruled on May 11 that the sultan lacked the authority to remove Nizar without a vote of confidence in the statehouse, only to have the appellate court put his decision in abeyance a few hours later. The case – and the Perak state government – have been stalled as the Federal Court, the country's highest, took up the decision in November and has chewed on it ever since.

The ruling, led by Court of Appeal president Alauddin Mohd Sheriff, was built on the premise that the Barisan Nasional, or ruling national coalition, controls 31 votes in the Perak statehouse although no vote has ever been taken, and while the three defectors are said to be leaning towards the Barisan, they have given no official indication that they would cross the aisle. The Election Commission refused a letter proclaiming the realignment of their loyalty, setting the stage for the constitutional crisis.

When Nizar refused to go, instead of waiting for Judge Abdul Aziz's original ruling, elite federal Field Reserve Unit police invaded the statehouse on May 7 to drag opposition Speaker V. Sivakumar out of the chambers amid flying furniture and protests that resulted in the arrest of 65 people. As far as can be determined, it is the first time in Malaysian history that federal police had ever entered a legislature.

The ruling appears unlikely to end the continuing political uncertainty in either Perak or the government. Political analysts in Kuala Lumpur say the logical solution to the stalemate – a state popular by-election to determine the makeup of the statehouse – is unlikely because Najib and the Barisan do not believe they could win it.

The state, long a tin mining center, has an extremely large Chinese and Indian population and the Chinese have largely abandoned the Barisan because of the collapse into scandal of the Malaysian Chinese Association, which is embroiled in infighting over the disappearance of billions of dollars in the attempt to turn Port Klang, 60 km. west of Kuala Lumpur, into a multimodal port.

The Barisan instead appears to be counting on time to bring the voters, particularly disaffected ethnic Malays who have abandoned UMNO for the fundamentalist Parti Islam se-Malaysia and Anwar Ibrahim's Parti Keadilan Rakyat, or People's Justice Party, because of a long series of scandals and outright crimes.

However, Anwar is on trial in Kuala Lumpur in what has been widely billed as Sodomy 2, on charges of sodomizing a former aide in a trial that to everybody but the government itself appears to be built on dubious allegations that were laid to derail the first realistic challenge to the ruling national coalition since the country was formed.

In the meantime, his party is beset by infighting in several state assemblies, particularly Penang and Selangor, with a growing number of restive lawmakers threatening to leave the opposition coalition and return to the Barisan. Three have been brought before a disciplinary committee of the opposition coalition seeking answers to questions over their use of personal expense accounts.

The coalition that Anwar cobbled together has been an unlikely one from the start, with the Islamic, largely rural and fundamentalist PAS on one side and the ethnic Chinese Democratic Action Party on the other, with Anwar's moderate, urban Malays in the middle. Zulkifli Nordin, a member of Anwar's Parti Keadilan Rakyat, was quoted publicly earlier this week as predicting mass resignations over the next two to three weeks over tensions with the DAP and PKR's difficulty in dealing with them.

"The problem was that Anwar rounded up a bunch of incompetents to run in 2008, and disillusionment was so great with UMNO that a lot of people got voted into office who should never have been voted into office," said a businessman in Kuala Lumpur. The opposition coalition, he said, has thus never been able to capitalize on its gains by actually paying attention to governing. At the same time, the opposition has been harried by Najib's use of law enforcement powers including the Malaysian Anti-Corruption Commission and others to bring opposition lawmakers in on charges that many observers believe are superfluous.

Nonetheless, the court's decision appears certain to reinforce popular opinion that Malaysia's judiciary is thoroughly in the pockets of UMNO. That isn't helped by the case against Anwar, who is charged with having consensual sex with the former aide, a charge that is extremely rare in Malaysia and especially Kuala Lumpur, where gay bars abound and homosexuality isn't particularly condemned despite the fact that it is nominally against the law. An examination of the evidence against him in similar charges in 1998 leads to the overwhelming conclusion that it was concocted to derail his political career.

The case has been put on temporary hold as Anwar's lead counsel, Karpal Singh, seeks to disqualify the presiding judge, Mohd Zabidin Mohd Diah.

Blimey! Who's The Blimp?

Hantu Laut

I am not a lawyer, nor a judge, but I could be a juror, if the jury system exists in this country.Unfortunately, it doesn't.

However, as a businessman, I deal a lot with lawyers.There are good lawyers, bad lawyers and obviously there are also stupid lawyers.Not all lawyers are clever and coming from the same fraternity not all judges are clever either.

No matter how smart you are or how smart you looked, no one is infallible, making mistakes is as in the proverbial "to err is human" could happen to anyone. That's why we are different from the animal kingdom where an innate, typically fixed pattern of behaviour exists.....triggering instinct rather than intelligence.

I read this with much consternation.The unanimous decision of 8 judges (5 Federal Court and 3 Court of Appeal) questioned and belittled by one retired judge who probably is on the verge of senility.

He says the judgement is riddled with contradictions without actually naming what they are.“On the face of it, it sounds like they are contradicting themselves, isn’t it?” he said.“And if it’s really contradicting, then the whole judgment is rubbish,” he added.

'It sounds like?' Good of you Mr Chan.Malaysians are convinced?

Malaysian Insider reports that Chan refrained from commenting further until he had read through the full written judgment.

That kind of sums up the natural instinct of Mr Chan putting " the cart before the horse", commenting before reading the full judgement.

How could 8 judges be wrong compared to this geriatric?

I am puzzled?