Thursday, April 24, 2008

Will the Bar Council dinner burst a bubble?

The Bar Council dinner exposed an attempt by the executive to manipulate the judicial process for political expediancy and divert attention to salvage the political position of the present Prime Minister.

The fired judges were compensated but yet are given public-sympathy-raising compensations. The offenses in the judicial dismissal is not established and yet the PM made an act tantamount to admitance of guilt.

Former justice Azmi Kamaruddin is not satisfied. Yet, Gopal Sri Ram's nephew and Bar Council President, Ambiga can be so happy-happy and positive to even praise Pak Lah's perceived openess. Sure, ask all walking MSM editors in town Whats really brewing and what will it lead to?

This piece by Matthias Chang explains the insidious hands at work behind the Bar Council recent dinner which Pak Lah gave an "apology but not apology" speech. A commentory in my earlier posting provide a glimpe to what is to come ...

Pak Lah: The Joker and the Lady-in-waiting

UMNO better rid of Pak Lah before the financial tipping point in May and June

The Shadow Play

My book, “The Shadow Money-Lenders and the Global Financial Tsunami” has been on sale in books shops since March 2008. Therefore, there is no excuse for Pak Lah and the 4th Floor Boys not to know (if they have their heads between their legs all this while) that the global financial tsunami is going to hit Malaysia anytime soon, specifically in May / June 2008.

In desperation to regain popularity with the rakyat, Pak Lah and his spin doctors are diverting the attention of the rakyat from the more critical issue of our economy and the urgent protective measures that need to be taken, to the restructuring of the ACA and the Judiciary.

They conspired with the “Lady in Waiting” Madam Ambiga (the President of Malaysian Bar Council) and her foreign backers (US and British Officials) and some very frustrated senior lawyers (past Presidents and Secretary of the Bar Council) who delude themselves that they are the powers behind the scene and that they can extricate Pak Lah from this mess .

The joker in the pack is our de facto law Minister, Zaid Ibrahim. Anxious to please his political master, he directed the Lady-in-Waiting to organise a dinner to announce the establishment of the Judicial Appointments Commission and the ex-gratia payment to some judges who made the mistake of defending Tun Salleh.

1988 Revisited

In 1988, I was one of the most vocal voices defending Tun Salleh when a tribunal was established pursuant to the request of the Agong to investigate into the misconduct of Tun Salleh.

When the Malaysian Bar EGM was convened to consider the issue, most senior lawyers were against supporting and or defending Tun Salleh because they were pissed-off with his judgment in the UEM case. I stand to be corrected, and the minutes of the EGM will show that I was the first person to speak in favour of defending Tun Salleh, on the grounds that we were not defending the Tun Salleh, the person, but the office of the Lord President. The rest is history.

I have on record and there are witnesses, that the late Justice Eusoffe Abdoocader thanked me publicly for my vigorous defence of the Judges.

I have since regretted my defence of Tun Salleh, because Tun Salleh has failed to tell the truth as to the reasons why the then Agong wanted him to be sack within 24 hours on receipt of a letter from Tun Salleh.

At the material time, I was not aware of this letter.

And this letter has nothing to do with the complaint (2nd Letter) to the Agong that the Judiciary has been unfairly criticised by the Executive. This letter was not the cause for the demand for Tun Salleh’s removal.

I wonder, whether if the five judges who came out to defend Tun Salleh knew the true facts, they would have acted in the manner in which they did.

If I had known of this “First Letter” I would not have defended Tun Salleh!

I therefore called upon Tun Salleh to openly explain the contents of the First Letter which he wrote to the Agong and the reasons for keeping silent all these years. Additionally, Tun Salleh must disclose whether he had disclosed and explained to his fellow judges about this letter to the Agong and the reaction of the Agong to his insolent letter.

The truth must come out.

Tun Salleh has demanded accountability and transparency. I now demand accountability and transparency from Tun Salleh.

I also demand from Pak Lah, Zaid Ibrahim, the Joker and Ambiga, the Lady-in-Waiting whether they were aware of this letter which Tun Salleh wrote to the Agong.

The Diversion Before The “Erections”!

The conduct of Zaid Ibrahim, the Joker and the Lady-in-Waiting is very odd. Why did they not organised a dinner to “compensate” the Judges in 2003, when Pak Lah became the Prime Minister, if they were of the view that such an event could not have been feasible during Mahathir’s administration?

Why not in 2004, 2005, 2006 and 2007?

In fact, when the Joker was the President of the Muslim Lawyers Association, he was most strident in criticising the Malaysian Bar for defending Tun Salleh. The Lady-in-Waiting did not play any significant role at the material time.

Why now, after the massive rejection by the voters of the Pak Lah administration and the strident demands of UMNO members that he should step down immediately.
The joker, Zaid Ibrahim was found guilty of “money politics” (this is UMNO political language for corruption) and was not even selected as a candidate to stand for the recent 12th General Elections. To divert attention from the crime of indulging in money politics, he wrote a book and several articles which were published in the main stream press giving the impression that he was a progressive and a reformer!

This can only happen in Malaysia – to have a joker, guilty of “money politics” tasked with the responsibility of reforming the judiciary and to promote integrity!

Right on cue, and just before the elections, the Lady-in-Waiting led a march to protest and demand a Royal Commission to investigate into the “Lingam Tapes”.

A whole month before the elections, the mass media played up the “scandal of the Lingam Tapes” to divert the attention of the electorate from the scandals and corruption of Pak Lah and his family.

The effort was wasted. The anger of the voters against Pak Lah and his corrupt family only intensified and they saw through this sordid attempt to white-wash the crimes of Pak Lah and his family.

Now, when the UMNO grassroots are at fever pitch to demand the ouster of Pak Lah, the Joker and the Lady-in-Waiting are attempting another diversion.

It is therefore time to expose their theatrics.

The Challenge

I therefore challenge the Joker and the Lady-in-Waiting to an Open Public Debate on the following issues:


1. Whether Tun Salleh was rightly dismissed for his misconduct.

2. Whether the just announced reforms of the Judiciary is sincere and effective.

3. Whether the Lady-in-Waiting has lobbied directly or indirectly for judicial appointment.
Once again I invite Raja Petra of Malaysia Today to be the moderator.

The rules are simple:


1. Each party to be allowed to speak for half an hour: no-holds-barred.

2. Each party to cross examine the other party for half an hour: no-holds-barred.

3. Let the Court of Public Opinion decide.
The Joker and the Lady-in-Waiting have 48 hours to response to this challenge.

Why This Challenge

This is the only way to stop the diversionary tactics of Pak Lah’s cronies and lackeys. Once they are exposed, they will never dare repeat such nonsense.

We can then focus on the real issues – the global financial crisis that will devastate our economy. The IMF has already stated that no countries will be spared in this crisis. Go to their website and find it out for yourself.

I am willing to state here and now, that by end May or early June, crude oil price will hit US$150. It could be more. The government is not even ready for this scenario. The crooks are too busy looting the treasury!

I was spot in 2007 in forecasting that crude oil would hit US$100 and this was way before the sub-prime crisis in July 2007.

I was spot on in forecasting that gold would hit US$1,000 an oz. I was spot on, and the only analyst in Malaysia to state categorically that the financial crisis that first exploded in the USA was a global banking crisis – the collapse of the global banking system. This has since been confirmed by the Fed and G-7 Central Banks.

The country needs to focus on this and not the theatrics of Pak Lah and his cronies!

What Pak Lah is trying to do is to arrange his financial affairs - to siphon off billions - before he steps down. This is the ultimate crime and the actions of the Joker and the Lady-in-Waiting are an attempt to divert our attention from this crime.

Don’t let Pak Lah get away with this plunder!

Matthias Chang
21st April 2008

In my Malay posting, Pak Lah Bertembung Dengan Raja-Raja Melayu? on another possible clash of the executive and the judiciary, this comment below caught my attention.



MENGADAP KEBAWAH DULI YANG MAHA MULIA TUANKU SULTAN ISKANDAR IBNI ALMARHUM SULTAN ISMAIL.

AMPUN TUANKU,

PATEK INGIN MERAFAK SEMBAH MAKLUM BAHAWA MEMANDA PERDANA MENTERI MALAYSIA TELAH MELAKUKAN 'CONTEMPT OF COURT' DENGAN MEMBELAKANGI KEPUTUSAN TRIBUNAL DIRAJA YANG TELAH MENESIHATI KEBAWAH DYMM UNTUK MEMECAT TUN SALLEH ABAS.

OLIH ITU PATEK SEKALI LAGI MERAFAK SEMBAH AGAR PERKARA INI DI BAWA DALAM MESYUARAT RAJA2.

AMPUN TUANKU.

If a police report is lodged, will it lead to a contempt of court on the executive?

If so, the Bar Council has burst a bigger bubble that involves the constituitional monarchy and judicial process. The Bar Council's reputation will be permanently ruined! Zaid Ibrahim will be remembered in the Malaysian judicial as a legal pariah, not to mentioned a flip flop of his current boss.

Urghhh! Self glorifying lawyers. What do you expect!?

1 comment:

yapchongyee said...

Why bother with debates when you have a live case, where Judge Zainon binti Mohd. Ali had committed several criminal offences while performing her duties on the Bench as the adijudicating judge in my wife's Originating Petition. Her is a judge who does not know enough law and committing so many crimes while on the bench. Is this not something to laugh ourselves to death ?
Go to by blog at http://yap.chongyee.blogspot.com
Yap Chong Yee,
5a Prinsep Road,
Attadale, WA 6156
Email :ychongyee@yahoo.com.au
Blogg. http://yapchongyee.blogspot.com
To,

HRH, Yang Mulia’ Regent Perak,
Raja Nazrin Shah,(forgive my ignorance of Royal Protocol)

Re: Re : Originating Petition No. D2-26-41 OF 2001 ;
Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd


Yang Mulia,

I read your address to the conference of judges at the Marriot Hotel, Putra Jaya, and I have to say that if your wish for an independent judiciary is progressed along the path that you had enunciated in your speech, then Malaysia will indeed REGAIN the respect & trust in the Malaysian Judiciary that was the admiration of all of South East Asia.

The present state of the Malaysian Judiciary is the laughing stock of the world and if I might add, the state of the Malaysian Judiciary today can only be rivalled by the standard of Administration of the LAW & JUSTICE THAT EXIST IN INDONESIA. Forgive me for saying so, but there is a state of utter lawlessness prevailing in Malaysia. Judge Dato Zainon binti Mohd. Ali, who now sits on the bench of the Malaysian Court of Appeal, and who as the judge of 1st instance UNLAWFULLY AND ILLEGALLY STRUCK OFF MY WIFE’S ABOVE PETITION, the details of her criminal behaviour is fully documented in my blogg. At http://yapchongyee.blogspot.com. The details are too lengthy to discuss here; however, I can state that I graduated from the University of Singapore in Law in 1967 and I practised at the Malaysian bar from 1967 until I migrated to Australia in 1978.

Either through ignorance of the law relevant to issues raised in my wife’s petition, Judge Dato Zainon binti Mohd. Ali or that she intentionally DISREGARDED the provisions of the law relevant to my wife’s case or even more heinously she acted CORRUPTLY, Judge zainon binti Mohd. Ali committed several criminal offences while adjudicating my wife’s case on the bench. This ridiculous turn of events must be unprecedented in all of history of the British Commonwealth (since we all share the same legal history).

I have written to the Chief Justice of Malaysia and I enclose a copy to this letter. I had written to the Chief Justice several times but I have never ever received ny replies. This is an official compliant so I do not see under what circumstances can the Chief Justice or the Attorney General can refuse to reply.

If Yang Mulia, is serious about what you said at the conference of Judges, then allow me to reiterate that even a JUDGE OF THE HIGHEST COURT OF MALAYSIA MUST BE HELD ACCOUNTABLE FOR COMMITTING CRIMES. Judge Zainon binti Mohd. Ali committed several criminal offences and must be held accountable for them.

As a demonstration of my good faith, IF UPON INVESTIGATION OF THE FACTS THAT I CHARGED JUDGE ZAINON BINTI MOHD. ALI WITH HAVING COMMITTED IS FOUND TO BE TRUE THEN IS IT NOT THE DUTY OF THE A.-G TO PROSECUTE JUDGE ZAINON BINTI MOHD. ALI ? In this event I will be available to defend myself in court. TO PROVE THAT MALYSIA WANTS AN INDEPENDENT JUDICIARY THAT IS ETHICAL, HONEST AND ADMINISTER THE LAW IN ACCORDANCE WITH THE LAW, The Malaysian Attorney General can do the following, upon police investigation of the facts that I have charged her with :

(1) IF POLICE INVESTIGATION INTO MY CHARGES AGAINST JUDGE ZAINON ARE VALID AND THERE IS/ARE REASONABLE CAUSE TO CHARGE JUDGE ZAINON BINTI MOHD. ALI WITH COMMITTING CRIMINAL OFFENCES, THEN I WILL COME TO KL TO BEAR WITNESS,
OR

(2)If upon police investigation there is no basis for charging judge Zainon binti Mohd. Ali with criminal offences then obviously I have both libelled or more seriously for committing the more serious crime of SEDITION in with case the Malaysian Attorney General is under a duty to apply for my extradition to be charged in a Malaysian Court.

If Yang Mulia is serious about bringing change to the Malaysian Judiciary then this case is the most open demonstration of that resolve.



Yours Sincerely,


Yapchongyee
Date 10 April, 2008


Copy : ATTORNEY GENERAL, CHIEF JUSTICE MALAYSIA, MALAYSIAN BAR, PRESIDENT & SECRETARY, JUDGE ZAINON BINTI MOHD. ALI, EMAIL TO ALL AND SUNDRY LEGAL PRACTITIONERS.

My Say