April 30, 2017
On Public Office: The Malaysian Judge misjudges
Comment: Najib is first of all an ordinary citizen like you and I. Like us, he is subject to the laws and regulations of Malaysia. Citizen Najib can, therefore, be sued and charged in our courts, and if found guilty he can be sentenced and sent to Hotel Sungai Buloh or Hotel Kajang as a guest of our King. He has the right to appeal to the higher courts against a conviction. Next, he is professional politician, an elected Member of Parliament for Pekan, Pahang, currently Prime Minister of Malaysia and incumbent UMNO President.
In my personal opinion as a citizen, Najib is to intents and purposes a public official. It does not take a 31-page opinion to prove that Najib Razak is not. As a public official, Najib has a fiduciary duty to act in accordance with the Constitution which defines his duties as Prime Minister. As an ordinary person, he is not above the law. Is the law an ass? I am unable to understand why High Court Judge Abu Bakar Jais thinks otherwise. Where did he go to do law, I wonder. –Din Merican
Definition of Public Office Is Who Appoints And Who Pays!
High Court judge Abu Bakar Jais (pic above) in his controversial ruling yesterday that Prime Minister Najib Abdul Razak is not a public official or public officer has detailed his grounds for the judgment in his 31-page decision.
Justice Abu Bakar said Najib’s lawyers argued that in initiating the suit, former UMNO leaders Dr Mahathir Mohamad, Khairuddin Abu Hassan and Anina Saadudin must first prove the offices that Najib occupies – as Prime Minister, Finance Minister, BN chairperson and UMNO President – are all public offices.
“The defendant maintained he is not a public officer and therefore cannot be liable for the tort of misfeasance in public office,” the judge said in throwing out the suit. Najib, he noted, also contended there is no fiduciary duty owed by him as PM, Finance Minister, BN chairperson and UMNO President to the plaintiffs.
“There is no mutual trust and confidence placed between the parties for a fiduciary relationship to exist,” Justice Abu Bakar said.
by The Sarawak Report
The public appointed Najib and the public pays Najib.In return, Najib on assuming office swore to serve the public faithfully and honestly. He was given a position of immense trust in charge of the nations finances, which the judge acknowledges he may have abused.
Yet this judge has opined that Najib is nevertheless not accountable to the public and that there is no duty of trust nor any obligation not to betray his terms of office, as would pertain to a teacher, parking officer or judge.
This law officer has decided that Najib is above the law and that democracy is about electing which dictator you want to have steal from you next – your money and your liberties included.