May 16, 2012
Listen UP,Dr Zahid Hamidi: France is not Malaysia
Lawyer Joseph Brehem, who is currently in France pursuing the inquiry into the Malaysian purchase of French submarines, rebutted Defence Minister Ahmad Zahid Hamidi’s statement that the French courts have no jurisdiction over Malaysians.
“French courts have jurisdiction on anyone, being French or not, as soon as
they are involved in a matter the courts are inquiring on. To say otherwise is either misleading or erroneous,” Brehem (right in photo) said in a statement issued by Suaram today.
Suaram, the local human rights NGO, has filed a civil suit with the French courts to look into the government’s purchase of the submarines.
Yesterday Ahmad Zahid insisted that the French courts have no jurisdiction to summon Malaysians to testify in the ongoing inquiry.
Warrant of Arrest
“Who are they to issue a warrant of arrest? We are not subjected to French laws,” he said.
He was responding to an earlier statement by Brehem that an international arrest warrant can be issued by a French judge if a witness refuses to assist in an inquiry following the issuance of a subpoena.
“If the witness refuses to abide by the subpoena, the court can issue a notice mandat d’amener, compelling the witness to appear before it. If the witness (still) fails to oblige, a warrant of arrest may be issued.
“The warrant of arrest is applicable within the French territory, and may be internationalised if the judge deems it necessary,” said Brehem.
Ahmad Zahid is named in the list of seven witnesses proposed by Suaram, which was accepted by French investigating judge Roger Le Loire.
However, this does not mean that all seven witnesses, including Prime Minister Najib Abdul Razak and his associate Abdul Razak Baginda, will be subpoenaed by the inquiry. The French judge is currently in the process of issuing subpoenas.
Hey, budak kampong dari Telok Intan, yes, in Malaysia you can escape because the courts are not independent. In France, the courts are not subservient to the government. Don’t talk tough. When the subpoena is served on you, you will shivering in your seluar. Cakap banyak.
Pls find out about french laws before you open your mouth and show your ignorance.
Love this statement from Salahuddin Ayub PAS
“If UMNO is out of power,the new government will definitely give full co-operation to INTERPOL to drag Najib to the inquiry.”…eh…think will also include our Defensive Minister Zahid Hamidi..included as one of those 7 witnesses requested by SUARAM.
Hidup Malaysia!
ABU!
Zahid Hamidi ni bukan dari Telok Intan, dia Jawa dari Bagan Datoh.Datang sini satu tongkang dengan Khir Toyo!
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Ular Cawa dah…
He is right. There are jurisdictional issues. Over here, in a civil matter say divorce, a spouse commits adultery and has an out-of-state residence, having abandoned the marriage in New York, the State of New York has to obtain an in personam jurisdiction over him which the State of New York does not have. So what the aggrieved spouse does is to lure him into the State of New York so summons could be served on him. There is what we call long arm statute though he is no longer a resident of New York.
A crime has been committed on French soil which gives French courts jurisdiction over the alleged criminal or criminals.
Listen up Dr Zahid,
” France’s independent judiciary enjoys special statutory protection from the executive branch.” Wikipedia.
When change comes we must do the same. Make sure our Judiciary has Statutory Protection from the Executive.
It revolves around the issue of sovereignty. Is there an extradtion treaty between France and Malaysia?
No extradition treaty between France and Malaysia, Bean.
But the Presiding Judges will use the legislative controls in Eurozone to bring this and other recalcitrant fellas into the ‘kandang’, if need be. I don’t think Interpol will be involved yet, but who knows.
Looks like we’re gonna have ‘grounded’ ministers, who can travel only interstate. How to go to Farnborough Airshow, like that? Perhaps, the only advanced weapons system we’d be able to purchase will be from IDF and PRC.
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Don’t worry, CLF, this Dr. Zahid Hamidi thinks semua bisa diatur…he will use a Portuguese passport.Better still, he can get one from Greece after donating to the Greek treasury.–Din Merican
No more French caps and French fries? No French anything now in Malaysia? Terms banned from popular use?? At one time French fries were not used over here because of some political fallout over something no one remembers now.
No French kiss??
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Only Goolbuttock can answer this! –Din Merican
French letters, got.
How about “Frogs”….there be a few jumping in anxiety when the PK govt. gives permission for the French to catch them.
but maybe got French Revolution soon
the storming of the Kamunting Camp!
Va te faire foutre Doktor Zahid Hamidi!
UMNO will soon be banning French words like croissant, omellette, a la carte, entree, souffles, cafe au lait from the food business. You cannot bid von voyage, nor say where your house is which is at the cul-de-sac and Tok Cik cannot call on his former aide de camp nor refer to espirit de corp nor say how are you in French to his anak mami. What will we do without the French who have enriched our vocabulary and our sex lives?? If we have to call our French fries ‘Freedom Fries’??
This Zahid Hamidi perasan sangat. Be careful lest you become a fugitive wanted in EU countries. Just wonder what is his share of the loot?
So no more Paris shopping trip for the big lady?
If she is wanted and is seen plying the Champs-Elysees in Paris, service of process can be effected by ‘nail and mail’. Someone might come from behind and nail it on her fat ass. That will do the trick. A French court will then have in personam jurisdiction over her. She will be required to appear before a judge in a French court.
Jokes aside. It is French law that was broken. But with all the documents now made available through the pre-trial process of discovery and later made available to MACC, what can MACC do?
Why do the French only have one egg for breakfast?
Because one egg is un oeuf.
No more French toast. Declared haram by UMNO.
I also reckon that in an international case like this is should a witness refuse to appear before the court, his assets in overseas accounts such as those in Swiss banks can be frozen under the money laundering law.
Are we not supporting globalisation and borderless world? If these two applies than why not borderless laws and legislations.
Borderless? Yeah, the warrant of arrest can also be paperless.
What was this Dr Zahid’s PhD thesis from UPM on? Planting and Nurturing Seeds of Diversion? I really think it ought to be Apprehension.
i suppose we can substitute 1M for all french ters eg 1M fires, 1Momeltte, 1M letters (only for DSN though), 1M toast with satay?), etc
There is the issue of sovereignty to have to deal with. That’s why we have international court and international law.
RPK has been formally charged and is a fugitive from the law and is sought by the Malaysian government. If they want to bring him back for trial they can. They just don’t want it. The Malaysian government can have him extradicted back to Malaysia as there is an extradition treaty between U.K. and Malaysia. However, his counsel in the U.K. would fight tooth and nail to keep him there by applying for political asylum under the 1954 U.N. law relating to the status of refugees, a law which has been adopted into the country’s domestic law.
Here in this case no one is a fugitive from the law and there are jurisdictional issues to have to deal with. Ordinarily, if it is a domestic case and the law that has been broken is Malaysian giving Malaysian courts exclusive jurisdiction, the court will still have to assert its jurisdiction over witnesses by serving witnesses with summons to appear before the court to be questioned, examined and cross examined. If he is not responsive then subpoenas can be issued. If he does not appear and is evading service an arrest warrant will be issued. Under French law, the judge has a lot more power as the system there is prosecutorial and counsel on both sides tend to play a supporting role in the search for the truth. Malaysians courts are nothing like courts over here. Here judges are fiercely independent of the government. They can do whatever the law allows them to do. The U.S. President is subject to the same law.
Firstly, before simply comment what French law can or cannot do with Malaysian citizen, perhaps a trained lawyer can enlightened us non-law trained citizen, just exactly how and by what it means by “internationalized “? What process is involved? What is the legal principle involved? How will this “internatiolized” subpeona be served to Malaysian citizen and how will it affects the person by non-being in compliance of it? That would be more appropriate and enlightening rather simply “hentaming” for “hentam” sake
BUt France’s legal system is the writen civil system and so the Judge is involved in the process of investigation of cases and if he thinks fit to call witness’s he will do so. It si inquisitorial unlike ours which is adversarial.