Gutsy Students storm the Entrance Gate to greet University of Malaya Alumnus Anwar Ibrahim


October 27, 2014

Well Done, UM Student Leaders and The Student Body.

University of Malaya I wish to add to what what Sadiq said. The University of Malaya Vice-Chancellor has let the whole Alumni Body down displaying what I call intellectual cowardice by trying to prevent UM students from attending Anwar Ibrahim’s Cry for Freedom Speech tonight.

I am glad the students of the University of Malaya and public spirited Kuala Lumpurians braved the rain and defied the ban to listen to one of Malaysia’s charismatic politicians say his fond farewell to the University that had taught him to stand up for freedom, justice and democracy, the consequences be damned. We will soon know whether he will return to jail, or be a free man to pursue his dream of a united Malaysia. We must remain hopeful that justice, not politics will prevail on October 29, 2014.

To the brave student leaders and the general student body of my alma mater who defied the Vice Chancellor’s orders I say I am proud of you. You have showed me that you share the same ideals which drove students of my generation of the ’60s and ’70s to streets to protest injustice and arrogance of power.However, we then were more fortunate than you because we had Vice Chancellors who were beholden to none, least of all politicians, in their defence of academic freedom and campus sovereignty.

Tonight, my young brothers and sisters you have come of age. You haveKamsiah and Din shown us that you are not a bunch of kindergarten kids. You are mature and civic minded Malaysians who have self respect, decency and dignity to stand up for our right to freedom of speech and expression. My wife, Dr. Kamsiah Haider, who is also an alumnus of this University, and I salute you.–Din Merican (MU Class of 1963)

WHAT I THINK

by Jahabar Sadiq@www.themalaysianinsider.com

Published: 27 October, 2014

Citing power issues to send home staff and students, Universiti Malaya has just confirmed that authorities will do anything to keep Malaysians in the dark, quite literally. Also, UM is treating its undergraduates like kindergarten kids, who must only follow the official line, and not hear, discuss or debate anything that is not kosher by Putrajaya’s standards.

Is it any wonder that Malaysian varsities fail to make it to the top in international lists? Is it any wonder local graduates cannot speak or think? Malaysia needs universities where people can learn and think freely, even responsibly. Shutting their mind is darkening their future, like the locked-down, dim Universiti Malaya campus tonight.

Gutsy Students storm the Entrance Gate to greet University of Malaya Alumnus Anwar Ibrahim

By Anne Muhammad& Adrian Wong@www.malaysiakini.com

anwar_ibrahim2Fighting for Freedom to the End

More than a thousand students and activists stormed Universiti Malaya’s Kuala Lumpur gate to attend a talk by Opposition Leader Anwar Ibrahim there. The students broke the gate, which was locked and chained by the university security personnel, while chanting “Buka, Buka” (Open, Open).

They then started marching to Dewan Tunku Canselor, where the talk that has been barred by UM is scheduled to be held. The students marched alongside Anwar, who arrived at 9.40pm on a four-wheel drive vehicle with his family.

UM Student Affairs Department had at 6pm today sent an email to students barring them from the talk titled ‘Anwar Ibrahim: 40 Years from UM to Prison‘ organised by the Student Council.

 

UM Student at the Entrance GateIt is like Storming the Bastille All over Again

Security had locked the gates and blocked entrance to the campus to all non-Universiti Malaya staff and students. As a result, students on campus are barred from joining the crowd outside. Spotted among the crowd is UM law lecturer Azmi Sharom, who said he is there as an observer.

The Malaysian Insider:

In one single swipe tonight, Datuk Seri Anwar Ibrahim hit out at Putrajaya for having arrogant and corrupt leaders and ticked off the University Malaya administration for being too weak in standing up for academic freedom.

Day of Final Reckoning has come for Anwar Ibrahim


October 26, 2014

Day of Final Reckoning has come for Anwar Ibrahim

by Jocelyn Tan@www.thestar.com.my

Datuk Seri Anwar Ibrahim is approaching another critical moment in his career as the apex court readies to hear his sodomy case appeal. But there is a different mood in his party this time around.

DSAI2IT had been raining cats and dogs since dusk and, for a while, it seemed like the first leg of Datuk Seri Anwar Ibrahim’s roadshow would be washed out. But the rain tapered off after 9pm and then it was showtime. It was only natural that Anwar picked Permatang Pauh to begin his ceramah series as he approaches judgment day for the sodomy trial.

This once sleepy enclave in Seberang Prai was where it all began for him and the people of Permatang Pauh have stood by him through all his ups and downs.But the last few months have not been an up period for Anwar. His reputation is at its lowest ebb in years, ruined by the Kajang Move fiasco. A strategy his advisers thought would propel him forward had instead sent him crashing down.

This Prime Minister aspirant had once walked on water but his aura has been dented and the signs were all there that night – a rather passive atmosphere and a crowd of barely 1,500 despite the presence of some big guns.

Rakyat Hakim Negara CampaignIt was a muted start to his “Rakyat Hakim Negara” campaign, a clarion call to the people to be the judge in this final stage of his sodomy trial. It is his way of subjecting the trial to the court of public opinion rather than the court of law.Blame it on the rain but it is undeniable that there has been some sort of shift in voter sentiment about politics and issues.

Anwar is a political virtuoso and he can smell it in the air. But the thing about Anwar is his ability to control his emotions. He is still an incomparable orator, the soaring rhetoric is still there, and he came down from the stage and spoke standing on the steps so as to bridge the gap with his audience.

Even his attempt to remind them of the black eye incident was presented as a joke: “I don’t want to be shocked again… suddenly ba-da-boom… a black eye.” It was only towards the final part that he assumed a more serious note, saying that he is mentally prepared for the worst on October 28 and 29, when the Federal Court will hear and decide on his final appeal against the sodomy charges.

One year ago, at the height of his popularity, he would have urged the crowd to come out to protest and they would have done so. But he can sense the change and, this time, he asked for their prayers.

A news portal described the Permatang Pauh ceramah as Anwar’s “farewell speech”. There is a sense of doom and gloom about the coming week. Many in PKR are thinking the worst case scenario – they think Anwar will be found guilty rather than innocent. They have always maintained that this is a political trial aimed at stopping the party and to deprive Pakatan Rakyat of a prime minister candidate.

Kit SiangThe stakes, said a Penang lawyer, are very high this time. If Anwar is found guilty, his political life will end there and then.“There is no one with his skills to hold the three political animals (PKR, DAP and PAS) in one cage. Whether you like him or not, there is only one Anwar. No one can replace him,” said the lawyer.If Anwar is not there, PAS and DAP will separate like oil and water.

PKR leaders are working to organise a protest rally at the Palace of Justice where the federal judges will preside.The new Youth chief, Nik Nazmi Nik Ahmad, is under pressure to pull off a big rally but he is said to be struggling because the party is quite badly divided after the PKR election earlier this year. For instance, when Nik Nazmi called a press conference to announce the arrangements for the rally, only two Youth leaders turned up alongside him.

The internal split was further aggravated when 90% of the appointed party posts Rafiziwere given to those aligned to Kajang Move architect Rafizi Ramli. The onus is now on Nik Nazmi and Rafizi, who is the new Secretary-General, to get a mammoth crowd to show everyone that Anwar is still loved and needed.  This is their first major assignment and all eyes are going to be on whether they can bring the party out on the big day.

Lack of support

But supporters of former Selangor Mentri Besar Tan Sri Khalid Ibrahim will not be turning out in big numbers. They are still bitter about the way their man was pushed off the stage.

Neither will all of Azmin Ali’s supporters come out in full force. They are still fed-up at the way the group around Istana Segambut, the term for the powerful Anwar family, tried to undermine Azmin during the party polls and how they had tried to block his ascent to the Selangor Menteri Besar post.

But Khalid’s former special officer Khairul Anuar Ahmad Zainudin will be there. “People are still nursing their wounds. It is not easy to forget the election – flying chairs, people punching each other. It has affected the mood. But I’m going because Anwar is still the best person to fight Barisan Nasional,” said Khairul who is also the PJU division chief.

A former Youth branch chief who was less enthusiastic said: “I will go if I wake up early.” It is little wonder that Anwar had wanted his wife to be Selangor Menteri Besar. If that had happened, the Selangor administration would likely have been involved in one way or another in focusing on the Anwar cause.

Azmin AliAzmin has indicated that he will be there to show his support. The new Menteri Besar said he had never missed important court dates for Anwar and he does not intend to make an exception now.But a lot of the passion, the fire and even the anger have been replaced by political fatigue.

The centre of gravity in PKR has started to shift to Azmin. Many in the party can see that he has what it takes for the complex job of Menteri Besar.The transition from Khalid to Azmin has been smoother than many had dared hope for. Azmin has shown leadership and ability, and that has helped the coalition pull back from the brink of the political crisis.

Many people, especially the intelligentsia, feel let down by Anwar. The Kajang Move was a tipping point for the thinking class. They had put so much hope on him but he fluffed it. First, he made a sitting assemblyman resign so that he could contest a by-election. Then he put his wife as the candidate. Next, he pushed down a sitting Mentri Besar and tried to put his wife as the next Mentri Besar.

“People have been able to relook and rethink their views about the party and the man. They had to take a hard look at whether they have looked up to the wrong man to be the next PM,” said the above lawyer.

But there is still a lot of sympathy for him and his family.“It is not that people wish him ill but I don’t see them pouring into the streets again,” said Rita Sim of the CENSE think-tank.

Support AnwarThe big numbers at Pakatan rallies have often come from PAS supporters and that has thinned off (?). The Arab Spring inspired many Muslims but the outcome has left a bad taste in their mouth. The Egypt protests brought down an unpopular dictator but it resulted in unrest and instability and the void has been filled by another strongman. Likewise, the Hong Kong protests have drawn mixed reaction from Chinese Malaysians.

The reality is that the average Malaysian is currently more concerned about rice-bowl issues than politics.A great deal of Anwar’s clout back when he was hit with the second sodomy charges was the way the leading ulama in PAS rallied to his cause. They defended him at ceramah, at Friday lectures and in their conversations with friends and family.

The ulama support carried tremendous moral weight for the average Malay. But the Hadi3ulama from PAS seem to have disappeared. They are more concerned about implementing hudud in Kelantan and commenting on issues like petting dogs and beer guzzling.

Life, as they like to say, has its cycles. At the start of the sodomy issue in 2008, the most vilified man was Anwar’s accuser, the sweet-faced Mohd Saiful Bukhari Azlan. Today, six years later, Saiful has grown up. He got married last year and in July, he became the father of a cute baby boy.

He is now a handsome 30-year-old, the dimpled smile is still there and he looks like a natural father from the way he holds and carries his infant son. There is also the romantic in him going by his Facebook posting of him and his wife, Sue Megat Deraman, holding hands over a candlelight dinner on their wedding anniversary.

Saiful has kept a low profile through the years. He looks contented and happy although he is probably as nervous and anxious about the impending court verdict as the man he accused of sodomising him.Saiful’s life today is poles apart from that of his former boss Anwar.But their lives will be impacted again whichever way the court decides next week.

A Difficult Question for PM Najib: To Convict Anwar Ibrahim or Not ?


October 25, 2014

A Difficult Question for PM Najib: To Convict Anwar Ibrahim or Not ?

by Kim Quek@www.malaysiakini.com

http://www.malaysiakini.com/news/278560

Support AnwarMassive Support for Anwar: A Factor?

Few would doubt that the outcome of the final appeal of Anwar Ibrahim on October 28 and 29 against his sodomy conviction will be decided by politics, not by law. More specifically, the court’s verdict will likely be determined by UMNO’s political considerations on the impact of such final judgment.

Two main factors will decide Anwar’s fate. The first is UMNO’s answer to this question: Will the jailing of Anwar be a net gain for UMNO’s political survival? The second is the outcome of the competitive influence on the Judiciary between Prime Minister Najib Abdul Razak and the conservative faction led by former Premier Mahathir Mohamad.

Imprisoning Anwar will save UMNO?

Will UMNO be safe after Anwar is put away to prison? It is the popular believe that once Anwar is jailed, the alliance of Pakatan Rakyat will disintegrate. Many in UMNO think that without the cementing factor of Anwar, DAP and PAS will part company due to their ideological differences over mainly religious issues. Such common notion is strengthened by the errant conduct of PAS in the recent Selangor crisis.

However, a closer look into that event will reveal that the trouble created by PAS was mainly caused by PAS President Hadi Awang and the conservative ulama, who seemed bent on going loggerheads with  PKR and DAP in the choice of MB for Selangor, despite being opposed by the party’s progressive and pro-Pakatan faction.

Though Hadi had managed to overrule the progressives in that episode, the latter were clearly in the majority in the central committee which is the party’s highest body for political decision making and implementation.

It is plain to all that Hadi’s (left)) extremist and reactionary stance on religion and politics, which has alienated both PKR and DAP and rejected by all non-Muslims and the moderate Muslims, is sheer political suicide for his party.  Unless Hadi changes his stance or is removed from power, PAS will be heading for obliteration in coming elections.

For this reason, I think even the conservatives will realise this unpalatable reality, given time and persuasion to chew over the fatal consequences of so decisively alienating such large and important sectors of the electorate; and the progressives who fervently believe and support the common cause of good governance and social justice of Pakatan Rakyat will surely prevail in the current power tussle and gain clear power by the next party election the latest.

When that happens, PAS will emerge stronger, so will Pakatan Rakyat, considering the excellent rapport existing between PAS’s progressive leaders and their counterparts in PKR and DAP.

The torch of Reformasi will be passed on

pakatan300Can PR hang together?

Anwar’s departure to prison will not leave a vacuum, as the Reformasi ideals are already firmly implanted into the leadership of all the component parties of Pakatan Rakyat. Neither would Anwar’s PKR party suffer a leadership deficit, as its youthful leaders are already groomed to carry on the torch of reforms without Anwar’s physical presence.

If there is any difference, Anwar in prison will only inspire and strengthen their political conviction that, come what come may, they must save the country from the seemingly unending crutches of an evil regime.

To those UMNO hardliners gleefully looking forward to what they think is the political annihilation of Anwar, I advise them to take a trip down memory lane. The last time Anwar was jailed on such sodomy charge in 1998, it caused such a torrential backlash that UMNO, for the only time in history, lost the support of the majority of Malays.  And Barisan Nasional (BN) would have been defeated in that 1999 elections, if not for the massive and unprecedented swing of Chinese support to BN.

That swing was a result of BN’s campaign of deception through a blitzkrieg on street violence against Chinese in Jakarta in the aftermath of the toppling of dictator Suharto, Mahathir’s constant warning of a May 13 style racial riot and the concocted imminence of an Islamic state under PAS.

Fifteen years on, the political scenario has much changed.  The sound and fury of the Malay masses that greeted the previous sodomy trial of Anwar is no more found in the current trial.  But, equally if not more important, is the virtual permanent alienation of Chinese electoral support for BN.

Taking the 2013 election as benchmark, where Pakatan’s 52 percent share of the popular votes is estimated to comprise 40 percent of Malays and 75-80 percent Chinese, and there were dozens of seats lost to BN on thin margins, BN can ill afford to lose even a small swath of Malay votes, keeping in mind that the massive swing of Chinese support to Pakatan in the last two general elections in 2013 and 2008 is virtually irreversible.

Is UMNO so sure that the second-time jailing of Anwar on sodomy will not incur a backlash among Malays, though understandably less sweeping than the previous occasion? The rapid advance of the social media has made our people much better informed now. If UMNO couldn’t hide the injustice against Anwar fifteen years ago, it is even less able to do the same this time.

Take it that the majority know what is going on, and it is certainly not to the credit of Najib’s leadership and government to so savagely maul Anwar yet again, with a trial which is manifestly void of merits in fact and in law. Keeping silent does not mean ignorance or approval. Beneath the calm on the surface, hazardous undercurrents could be running that may cause fatal consequences to the perpetrators of such injustice.  UMNO is hence advised to look before it leaps.

Mahathir vs Najib

Mahathir-Vs-NajibThe Games They Play

The other main factor that may impact the court verdict is the current power tussle between Najib and Mahathir. For Mahathir, it is a relatively simple decision.  Eliminate what is to him UMNO’s enemy No1 would safeguard UMNO’s hegemony, as well as dodging the day of reckoning for him personally if Anwar were to become the prime minister.

Besides, with Anwar removed from the scene, Mahathir would feel free to unleash his fury to unseat Najib without the worry of the dreaded Anwar to take advantage of UMNO’s open rift. However, Najib may have quite a different view.  Knowing that Mahathir sees Anwar as his most-feared enemy, the continued presence of Anwar in the political arena may serve as a counterweight to Mahathir’s reactionary influence to restrain him from all-out attacks against Najib’s premiership.

Another important consideration for Najib is his concern for his international image. For years, he has been painstakingly cultivating his image as a moderate leader in the international stage (at great costs to the public of course) and even launched his pet Global Movement of Moderates to buttress such credentials.

Now, what will the world make of Najib, if an internationally respected leader like Anwar is sent to prison in a notorious trial that has already been universally condemned as a great travesty of justice, transgression of human rights and democracy?  Where would Najib and his wife Rosmah (more so the latter) hide their faces at distinguished international gatherings during their frequent overseas trips?

Hence, it is not entirely impossible that Najib would prefer to see Anwar freed, or perhaps, as a compromise to UMNO’s hardliners, penalised with a fine that would bar him from election or appointment to party post for many years to come.

To sum up, Anwar’s fate at his final appeal hinges on the outcome of cross currents of UMNO’s party interests and conflicting personal interests of feuding leaders.

Will the Federal Court rule according to law?

The Federal Court--PutrajayaThe Federal Court-Putrajaya

Perhaps at this point, questions may be asked about our judges, whether they may exercise their judicial judgment strictly according to law and constitution, free of political influences. This is unlikely to happen, as the record of recent years has shown that the Federal Court has ruled in favour of the powers that be in every case where vital interest of  the latter is at stake, irrespective of whether the judgment is in conformity with the constitution and law. Such pattern of judgment was most glaringly demonstrated in the series of Federal Court decisions where the constitution was thrown to the wind to ensure BN succeeded in it’s power grab in Perak.

Having said that, miracles do happen.  Who knows the majority of judges may at the end decide to allow their judicial conscience to overrule their personal political loyalty or political bidding of others.

READ THIS:

http://www.thestar.com.my/News/Nation/2014/10/26/Uncertain-future-for-Pakatan-Anwars-final-sodomy-appeal-could-be-a-game-changer-and-his-biggest-chal/

JAWI impatient to punish Kassim Ahmad


October 18,2014

George Town, Penang

JAWI impatient to punish Kassim Ahmad

by V.Anbalagan, Assistant News Editor, The Malaysian Insider

Activist Kassim Ahmad’s trial in a shariah court on Monday (October 19, 2014) for insulting Islam and defying the religious authorities will proceed as scheduled.

Rosli Dahlan (new)Counsel Rosli Dahlan said the Kuala Lumpur High Court today dismissed his client’s application for an interim stay of the case pending the outcome of an ongoing judicial review.

Judge Datuk Asmabi Mohamad said there were no exceptional circumstances to allow the application sought by Kassim. “Civil courts cannot interfere with Shariah Court proceedings although there is a pending judicial review,” she said.

In an immediate response, Kassim said he would attend court in Putrajaya on Monday to defend himself. The 81-year-old said he was not afraid of the religious authorities.”I will make the Malaysian Islamic Development Department (Jakim) and the Federal Territories Islamic Religious Department (Jawi) regret what they have done to me,” he told The Malaysian Insider.

Rosli filed for the stay yesterday after the shariah court insisted on proceeding with Kassim’s case despite the High Court having fixed November 17 to hear the judicial review. The counsel said he was informed by a religious court official in Putrajaya on Wednesday that the Federal Territories shariah chief prosecutor and Jawi were not agreeable to an adjournment.

“The irony is that the shariah chief prosecutor and Jawi are parties to the judicial review filed by my client. I am dumbfounded why the religious court wants the matter to go on, based on the insistence of interested parties,” he had told The Malaysian Insider.

On July 24, the Court of Appeal ruled that the High Court has the jurisdiction to hear the judicial review application to challenge the shariah prosecutor’s decision to charge him.

Rosli said following the Court of Appeal’s ruling, religious authorities and the government had asked for some time to file their court papers before the High Court could hear the merit of the case.

A three-man Court of Appeal bench, chaired by Datuk Balia Yusof Wahi, in allowing Kassim’s appeal, had said the conduct of the chief prosecutor and Jawi could be scrutinised.

On July 14,Jjudge Datuk Zaleha Yusof allowed the Attorney-General’s preliminary objection against the judicial review, citing that the subject matter was within the exclusive jurisdiction of the religious court. However, Balia said a shariah criminal matter did not come within the meaning under the Federal Constitution.

“Shariah offence is only an offence against the precept of Islam,” he had said, adding that the bench was bound by a 1988 Supreme Court ruling in the case of Mamat Daud vs public prosecutor.

The bench chaired by the then Lord President Tun Salleh Abas said all offences created under state shariah enactments were for violation against precepts of Islam.

The offences include consumption of alcohol, eating and drinking in public during day time in the fasting month, and going against a fatwa by religious authorities.”It (Kassim’s) is not a criminal matter and therefore subject to judicial review,” Balia added.

Kassim had filed a leave application for judicial review on June 26 and named Minister in the PrimeKassim Ahmad Minister’s Department Datuk Seri Jamil Khir Baharom, the chief prosecutor, Jawi and the government as respondents.

He is seeking, among others, an order to strike out the chief prosecutor’s decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.

He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.Kassim also wanted all actions and decisions by Jawi enforcement officers who raided and seized his publication materials, as well as detaining him from Kedah to the Federal Territories, to be revoked.

He sought a declaration that the action by the Jawi officers and the prosecution against him was ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Shariah Acts and Kedah Shariah Enactments. Kassim also sought a declaration that the offence of violating a fatwa (edict) issued in the Federal Territories only applied to Muslims in that locality. – October 17, 2014

To show your support, please send your contribution to this Maybank Account No: 514011895152.

The Kassim Ahmad Defence Fund


October 17, 2014

George Town, Penang

The Kassim Ahmad Defence Fund: Fight Arrogance of Power and Defend Justice

by Din Merican

kassim ahmad1Kassim Ahmad Arrested in Classic Mossad Covert Style by JAWI

On  March 26, 2014, officers of the Jabatan Agama Wilayah Persekutuan (JAWI) went to the northern state of  Kedah. They stormed and broke into the house of Malay scholar and public intellectual, Kassim Ahmad and abducted him in a 5 hour van-ride to Penang and then put him on board a midnight Air Asia flight to KLIA bound for Kuala Lumpur. This was a classic Mossad covert style raid and kidnap which had to be done under the cover of darkness.

JAWI’s territorial limits is only the Federal Territory which is Kuala Lumpur and JAWI had transgressed that territorial limit. But, JAWI  was not bothered. JAWI then interrogated the 80- year old Kassim Ahmad overnight and then charged him in court the next morning for defiling Islam. By then Kassim’s wife had made her way down from Kedah to Kuala Lumur to bail him. But she was disappointed. They refused to allow her to post bail for him because they said the bailor must be a Wilayah Persekutuan resident. And because she is a Kedah resident, she did not qualify. This is one of the perverse things JAWI did. There were many more.

Kassim and RosliUpon advice from his lawyer, Kassim Ahmad filed a Judicial Review to challenge JAWI’s actions. Judicial Review is a special type of legal action where the civil High Court is empowered to review the conduct of public authorities and public bodies from acting in an illegal manner. Because it is a special type of legal suit, a person like Kassim will need a special permission (Leave) to file a Judicial Review.

In Malaysia, defiling Islam is a serious syariah criminal charge. The state of Terengganu even issued a fatwa declaring Kassim Ahmad a Murtad (Apostate). But JAWI did not do that because if it did, then JAWI cannot proceed with the Charge against an apostate as an apostate is, by definition, not a Muslim.

So, what was this serious charge about? Kassim is charged for purportedly delivering an academic lecture at the Perdana Foundation officiated by former Prime Minister Tun Dr Mahathir Mohamed. There you have it, this whole covert style prosecution is just about an academic lecture.

Most Muslims in Malaysia, including Judges, will become a bit troubled to show sympathy to anyone who is charged with defiling Islam. So, Kassim’s attempt at getting Leave was rejected because the High Court Judge, Justice Dato Zaleha Yusof, said that the civil courts do not have jurisdiction over a religious body. That seems to be a lame excuse. But never mind.

Kassim had to appeal and  the Court of Appeal agreed with him and directed the High Court to hear the Judicial Review. The Attorney-General’s Chambers then asked for more time to file affidavits for the Religious Minister, JAWI and the Syariah Prosecutor who are the Respondents in the Judicial Review. And this is where JAWI again shows its incoherent behavior as reported by Malaysian Insider and Malaysiakini. It would appear JAWI wants to bring about a collision course between the civil court and the syariah legal systems.

READ:http://www.themalaysianinsider.com/malaysia/article/religious-court-on-collision-course-with-civil-court-over-kassim-ahmads-cas

READ:http://www.malaysiakini.com/news/269747 

Syariah Courts are located in the same complex as the Court of Appeal and the Federal Court called the Palace of Justice. Anyone who has been to the Palace of Justice will admire its beauty as a Palace. But then, can this beautiful Palace also serve its main function to deliver Justice?

If the Syariah Court insist on proceeding with the syariah criminal trial against Kassim whereasAzmi Sharom 3 there is a Judicial Review pending that has been ordered by the Court of Appeal, then the Syariah Court is courting problem. I suggest the Syariah Judge should introspect if that is what he wants to do- cause a crisis.

Until then, we Malaysians can only show our displeasure to these antics by JAWI by supporting Kassim Ahmad’s cause. We can do that by contributing to his defence fund. We can create this fund to support Kassim Ahmad and all other persecutions that endanger our liberty and freedom. In supporting Kassim Ahmad and others like Azmi Shahrom, we are securing a guarantee of our fundamental liberties.

To show your support, please send your contribution to this Maybank Account No: 514011895152.

 

Copgate suit against Utusan, MACC finally fixed


October 10, 2014

Rosli Dahlan’s Faith in the Malaysian Justice System is unshakeable?

by Din Merican

Yesterday, Malaysiakini’ s Hafiz Yatim drew our attention to the fact that, finally, Lawyer Rosli Dahlan’s RM50 million law suit for the conspiracy committed against him by the MACC and Utusan Malaysia will be going to trial.

Rosli Dahlan (new)His Quest for Justice shouldn’t be in vain

Most of us were not aware that Rosli’s law suit was twice denied from proceeding by two High Court Judges, namely Justice John Louis O’ Hara and Justice Hew Siew Kheng. Only because Rosli persevered by appealing to the Court of Appeal not once but twice that he was able to get the case back on track.

It is like the deliberate derailment of a train. Any lesser person would have crumbled. But not Rosli. He is truly an idealist. His faith in the judicial system is unshakeable like his faith in religion and Allah. And he pursued with what he believed to be his right to seek redemption and justice in a court of law.

The Nasty TrioAnd even as he succeeded to put that case on track, he has been denied from consolidating that case with another RM50 million law suit that he filed against A-G Tan Sri Gani Patail, former IGP Tan Sri Musa Hassan, current MACC Chief Commissioner Tan Sri Abu Kassim and former MACC Director of Prosecution, Dato Nordin Hassan, who was recently elevated to the position of a High Court Judge.

What I was alarmed at is the fact that, here is a senior lawyer whose playground is the courts and the very court system almost let him down. What I was deeply disturbed at is that there seemed to be an unseen hand which, firstly, did not want his case to even see its day in court. And then, when there seems to be an impartial Judge like Dato Nik Hasmat and Judicial Commissioner Vazeer Alam Mydin Meera, again the case is removed and sent to another Judge.

I am sure the new 4th Judge of his case, Justice Yang Ariff Dato’ Su Geok Yiam will be fair to Rosli and give him the justice that he so much deserves regardless that one of the defendants is a sitting Judge Dato Nordin Hassan.

That, however, begs the question– should Nordin have been elevated to be a Judge when there is a lawsuit that named him as a perpetrator to subvert justice? That fact is already proven when Rosli was acquitted and the Courts ruled that the case against him was a sham. That is the impression I get from reading Hafiz Yatim’s report yesterday.

I have seen my young friend and lawyer Rosli Dahlan devastated and down so many times before when the odds were against him that I am compelled to caution him not to be too idealistic, not to be naïve in believing that he can get justice when he wins his case.

I wish to only point out to Rosli that as much as he believes in the justice of the God of Islam,  it is the spokespersons of Islam like Jabatan Agama Islam Wilayah (JAWI) and Jabatan Agama Islam Selangor (JAIS) who are the persecutors of Borders’ Nik Raina, Malay scholar Kassim Ahmad and prolific publisher Ezra Zaid (son of Zaid Ibrahim). The custodians of the law are the very persons who abused it with impunity.

So, before Rosli suffers another heartbreak from his faith in religion and God, I just wish to quote to him an old Roman saying : “Religion is regarded by the common people as true, by the philosopher as false, and by the rulers as useful.”– Seneca,  2000 years ago

Now read what Malaysiakini reported (below). Fighting Whitehall is tough business. Those in it are fighting you using taxpayer’s money and the court’s time. Let us pray for Rosli that his faith win God and religion will not forsake him.

To Justice Dato Su Geok Yam (right),  I say say please administer justice as it is your job. Here isdato_su_geok an opportunity for you to do the right thing. Stop the persecution of a lawyer who has the guts to fight Whitehall in order to regain his dignity and honour. I have been following Rosli Dahlan and Ramli Yusoff over a number of years and attended their court proceedings, and have reported their fight for justice on my blog when the mainstream chose to ignore them. The time for closure is long overdue . Justice must again be seen to be done.

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Copgate suit against Utusan, MACC finally fixed

by Hafiz Yatim@www.malaysiakini.com

http://www.malaysiakini.com/news/277008

After a slew of judge changes, the RM50 million civil suit lawyer Rosli Dahlan filed against Utusan Malaysia and the Malaysian Anti-Corruption Commission (MACC) over what is known as theCopgate affair‘ has been fixed for hearing for five days from Nov 10.

This follows questions surrounding the arrest and charge leveled against Rosli on the eve of Hari Raya Aidilfitri seven years ago, on which he had been fully acquitted and cleared.

The trial will be heard before Justice Su Geok Yiam, who will be the fourth judge to hear the matter. The dates were decided yesterday the following case management of the matter before Justice Su.

The matter was initially fixed before Justice John Louis O’Hara, who then struck off Rosli’s suit. Rosli appealed and the Court of Appeal agreed with him and reinstated the suit and fixed before another judge.

Lawyer disallowed to give oral evidence
 
The case was then moved before Justice Hue Siew Kheng, who repeatedly asked the matter to be resolved amicably and quickly, but even then she disallowed Rosli from giving his oral evidence.

On appeal to the Court of Appeal, Rosli successfully set aside Justice Hue’s order and the case was brought before another judge, Justice Nik Hasmat Nik Mohamad. However, Justice Nik Hasmat was also taken off the case at the last minute, and it has now been brought before Justice Su.

Gani PatailRosli had also tried to consolidate this suit with another separate RM48 million suit he had filed against attorney-general (AG) Abdul Gani Patail (left), former inspector-general of police (IGP) Musa Hassan and MACC chief commissioner Abu Kasim Mohamad for malicious prosecution and public misfeasance.

This action he filed separately and together with former Commercial Crime Investigation director Ramli Yusof, who was implicated in the ‘Copgate affair’ and has also filed a RM128.5 million claim.

The Attorney-General tried to have their suit struck out, but KL High Court judicial commissioner Vazeer Alam Mydin Meera ruled the top legal officer in the country was not immune to legal action.

However, the A-G’s lawyers were successful in getting both cases to be heard separately, although the facts and witnesses are the same, and the matter is now stayed following the AG’s appeal.

Five-year wait for hearing!
 
Rosli, a partner at the law firm Lee Hishammuddin Allen and Gledhill, filed the suit against Utusan Malaysia and MACC in 2009 for defamation, assault and false imprisonment leading to his charge in 2007, of which he was acquitted years later.

By then Utusan Malaysia had issued a public apology to Rosli admitting that it had sensationalised and falsified its report and “acted beyond the parameters of ethical journalism”.

Besides Utusan Malaysia, Rosli named 15 defendants including Abu Kassim, who was then MACC’s number two officer, officers from the Attorney-General’s Chambers, Bank Negara and the government as defendants.

Being a director of several large multinational companies and a trustee of an international charitable organisation, Rosli claimed their actions have affected his integrity and good reputation.

His involvement came to light after he tried to help Ramli, who was then entrusted to get rid of the illegal money lending syndicate including a leading underworld figure named Goh Cheng Poh or Tengku Goh, who was allegedly linked to then top cop Musa.

When Goh was placed under restricted residence, the AG’s Chambers did not want to act for the Commercial Crime Department headed by Ramli to challenge the suspect’s habeas corpus application, resulting in Rosli being roped in to draft the affidavits for Ramli, his arresting officers and former Deputy Home Minister Johari Baharom.To make matters worse, Rosli had acted for Malaysia Airlines in several of the national carrier’s international disputes.

 Ramli who was then the number three officer in the police force had also investigated the airline’s losses and had recommended to then Prime Minister Abdullah Ahmad Badawi that action could be taken against former MAS chairperson Tajuddin Ramli for the losses, where if the A-G failed to do so, the Police are up to the task.This allegedly led to the purported fabrication of charges on Ramli being labeled as the ‘RM27 million cop‘ as well as charges leveled on both him and Rosli. It was previously reported that Rosli was later successful in his defamation suit against New Straits Times and the MACC, where both the daily and the MACC were ordered to pay a total of RM300,000, and the decision was upheld by the Court of Appeal.Rosli’s defamation suit against The Star resulted in the MCA-owned daily having to settle with an apology and payment of undisclosed damages to him last year, in order for him to withdraw the suit.