Law practice and court room skills ultimately come from the power of language, wide reading, ability to think, and ability to fathom the judge’s thinking on the rule of law!
Commentary And Analysis . . . The two errant preachers in this link have allegedly been spreading hate based on ignorance and prejudice, pitting people against each other, and in comparing religion and religion, they rubbish one. It’s blatant violation of the rule of law, the basis of the Constitution.
The two errant preachers allegedly committed heinous offences. They can be charged with causing disharmony in society and disrupting public peace, law and order, and security.
However, Attorney General (AG) Ahmad Terrirudin Mohd Salleh failed on invoking Article 145 on matters of public concern and public interest.
Rule Of Law Denied
The no challenge ruling isn’t based on the rule of law, the basis of the Constitution, but the letter of the law by itself as law. It’s about inherent and intrinsic allegedly impotent features in Article 145 on the role and functions of the AG as Public Prosecutor (PP).
The ruling wasn’t based on law but looking the other way on the AG acting with impunity. It’s dictatorship, there’s no democracy, no consent of the governed, no legitimacy and there has been loss of sovereignty.
Chief Justice Richard Malanjum implied in Farewell Address in 2019 that, based on the words of lawyers and the court, there may be no rule of law in Malaysia. Lawyers and the court in Malaysia may be belabouring in the delusion that the letter of the law, by itself, can be passed as the rule of law.
The violation of the rule of law happens in China and many Islamic societies where there’s no acceptance of the rule of law, human rights and international law. The CCP (Chinese Communist Party) has exercised absolute power in Beijing since 1949. The people have lost sovereignty. There has been no change of government, no multiparty elections, no consent of the governed and no legitimacy. There’s international law on all these areas.
In jurisprudence, although it isn’t possible for anyone to know law, law practice and court room skills ultimately come from the power of language, wide reading, ability to think, and ability to fathom the judge’s thinking on the rule of law.
Education On The Rule Of Law
Malaysia needs further and better particulars and education on the rule of law.
There’s greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law.
The letter of the law, by itself, isn’t the rule of law. It’s not law at all.
The AG’s discretion does not exist if abuse of power can be proven on prosecution and/or non-prosecution.
There’s case law by Raja Azlan Shah on abuse of power.
The Asian Arbitration case on prosecutorial discretion, not so long ago, also refers.
In law, Article 8, there can be no discrimination save as provided by law. In the case of discrimination, i.e. by law, there must be sunset clause.
Sunset clause cannot be removed as in the case of Article 153 after 1969. The 15 year sunset clause remains although removed.
Article 153, in digressing a little, has been rendered redundant along with Article 160(2) on Malay as form of identity and Article 152 as it stands on the national language. Parliament can amend Article 152 but not Article 153 and Article 160(2) on Malay as form of identity.
Again, under Article 8 and the rule of law — i.e. the basis of the Constitution — no one was above the law, all are equal before the law, and there can be no discrimination.
Najib Denied Rule Of Law
Former Prime Minister Datuk Seri Najib Tun Razak, for example, was jailed unrepresented on 23 August last year. Chief Justice Tun Maimun Tuan Mat claimed, like latter day Sultan, discretion beyond discretion. Sultan, being hereditary rulers, have residual and reserve powers. The Perak case law 2009 upheld that principle.
Najib was denied the rule of law. He’s under arbitrary detention, as political prisoner, and merits Pardon. If this can be read as blessing in disguise, it keeps him in the public eye for gathering the votes. Najib has 4.6m Followers in facebook alone.
Najib has suffered miscarriage of justice based on Tainted Ruling simply because the court system in Malaysia cannot fathom the rule of law.
The former Prime Minister should be placed under house arrest until release. The UN Review before Christmas will no doubt find the RM42m SRC International case incomplete.
The SRC conviction wasn’t perfected in law for perfection in law.
In the rule of law, the basis of the Constitution, there must be compliance on procedures and due process. There’s greater emphasis on the spirit of the law in the rule of law, albeit read with the letter of the law.
Chief Justice Tun Mainun Tuan Mat cannot claim, like Sultan, discretion beyond discretion.
Federal Court Review Panel Head Judge Abdul Rahman Sebli ruled DNA (discharge and acquittal) for Najib on 31 March on the grounds that there have been many transgressions against the former Prime Minister in the SRC case.
Suspended and retired CoA Judge Hamid Sultan Abu Backer said in an op-ed in the media recently that Najib’s family can file Application for habeas corpus and/or file Petition for Pardon before the Conference of Rulers.
Maimun Should Be Sacked
The discretion of the heads of state in the non-sultanates in Malaysia was governed by the 1966 Stephen Kalong Ningkan case law in Sarawak.
CJ Maimun, between Perak and Ningkan, has no discretion beyond discretion. She stands allegedly in violation of the Judges’ Code of Ethics 2009. If true, she must be suspended by the Agong, and face the Judges’ Ethics Committee (JEC) before being sacked on TV and banned from law practice.
CJ Maimun’s appointment in 2019, based on AG Tan Sri Tommy Thomas‘ best-selling Memoirs “My Story: Justice in the Wilderness”, may also be violation of the Judicial Appointments Commission (JAC). It can be proven that Thomas and the former dictatorial Prime Minister Tun Mahathir Mohamad both committed abuse of power on CJ Maimun’s appointment.
The Ningkan case was cited as good law by the 1 September 2020 Federal court majority Opinion on the Governor’s discretion in the Sabah Constitution. The Sabah Governor, having no discretion beyond that enshrined in the Constitution, unconstitutionally sacked Sabah Chief Minister Tan Sri Musa Aman, two days after he was installed on Friday 11 May 2018 after GE14.
The great majority of the people still cannot fathom that there’s greater emphasis on the spirit of the law in the rule of law — the basis of the Constitution — albiet read with the letter of the law.
Again, the letter of the law, by itself, isn’t law at all. It’s dictatorship. There’s no democracy, no consent of the governed, and there has been loss of sovereignty.
The duo, who allegedly killed visiting Mongolian model Altantuyaa Shaariibuugiin may not have been convicted based on the rule of law. The conviction allegedly wasn’t perfected for perfection in law.
There’s case for Public Inquiry, based on what the duo claim, on whether rogue elements are ordering extrajudicial killings.
It’s public knowledge that the duo don’t know Altantuyaa and have no reason to kill her.
The newly-freed disgraced corporal Sirul Azhar Umar even claims in Australia that he didn’t kill Altantuyaa. He claims that he has been made scapegoat.
It’s not clear whether he knows who, if any, ordered the killing.
Immigration Manager Robert Chelliah claims that Sirul knows nothing.
Chelliah may be right.
Intelligence agencies, being highly compartmentalised, are on a need to know basis. Sirul is right at the bottom on the chain of command. He could not possibly know anything.
Sirul and disgraced chief inspector Azilah Hadri, the former’s “comrade in crime” on the Altantuya killing, probably risk being killed by rogue elements in the Deep State if they know anything on the mastermind, if any. — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.