Koon Yew Yin's Blog
Malaysian Judiciary: How Low Can It Go? - Koon Yew Yin
Koon Yew Yin
Publish date: Fri, 04 Apr 2014, 11:21 AM
Koon Yew Yin
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An official blog in i3investor to publish sharing by Mr. Koon Yew Yin.
All materials published here are prepared by Mr. Koon Yew Yin
All materials published here are prepared by Mr. Koon Yew Yin
The independence and integrity of Malaysian Judiciary are now at the tipping point. During the past few years the attention of Malaysians has been riveted by the exposure to an unprecedented number of court cases with important political ramifications. These cases include the following
• Altantuya Shaariibuu’s murder case
• N.Kugan's death during police custody
• Teoh Beng Hock's death
• the PKFZ scandal
• the NFC scandal
• various election appeal cases arising from the 2013 general elections
• Anwar’s Sodomy I and II case
• Karpal Singh's conviction for alleged sedition
At no time in the country's history has there been such a large and wide variety of politically charged cases being brought to the country's courts of law.
If we take these cases individually and collectively, the overall impression that can be obtained from the many articles and analysis which have appeared in the internet media is that the Malaysian judiciary has come under tremendous political pressure when arriving at their judgements. Each case that I have listed above has its litany of unanswered questions such as
• why were certain people released midway through the trial while others with no obvious motive, were sent to the gallows for the Altantuya case?
• Why was Rafizi Ramly and another whistleblower prosecuted, instead of the people involved in the NFC project?
• Why did the Attorney General not appeal against the court’s judgement in the case of the PKFZ, involving billons of Ringgit in taxpayers’ money
• The bench made a reserved judgement on the Herald’s case, but in Anwar’s Sodomy II case, why was there such haste to sentence him to five years’ jail?
Although Malaysians have generally not paid much attention to the issue of the relationship between judicial authority and political power (including the power and neutrality of the Attorney General) in the past, I believe that the cumulative effect of all these cases has resulted in our rakyat shedding their indifference and passivity on this key issue of the independence of our judiciary.
Incompetent and Compromised Judiciary
As noted by my good friend and highly respected former court of appeals judge N.H. Chan
How could it be, we may ask, that we are the only country, out of all the other common law countries, in the entire world that has so many incompetent judges? There must be something wrong in our system for the appointment of judges. There was a time when judges were appointed from the cream of the legal profession. Sadly those days were gone.
Besides commenting on the incompetency of our judges, N.H.Chan has asked the crucial question:
What can be done to stop all these unjust decisions being handed down by recalcitrant judges?
His answer is simple. It is that Malaysians must use the power of the ballot box to bring about change. This is a solution which I am in total agreement with.
The ordinary people of this country must do something about the sorry state of our judiciary with its host of incompetent judges? We cannot and must not allow this state of incompetence among our judges to continue. Any reader of this article and my previous one, "A Sense of Injustice", knows the law applicable but not so our judges. We must exercise the power of the vote to oust the incumbent government that was responsible for the appointment of such judges who, because they have shown themselves to be incompetent, have made our country the laughing stock in the entire common law world.
It takes only a simple Act of Parliament to rid the country of the incompetent and, therefore, unjust judges. Even the incumbent government could redeem itself by passing a law declaring those judges who had proved themselves to be incompetent, as I have shown in the election petition cases, be removed from office forthwith in ignominy, with all privileges of their office, such as their pension, withdrawn.
Anwar's Case: The Tipping Point
I also believe that Anwar's Sodomy verdict is the final tipping point for many Malaysians in their concern to change the government of the country and to recover the independence of our judiciary.
Should Anwar's appeal be rejected, I have no doubt that there will be a national and international uproar which will only end with the BN being thrown out of power.
The BN Government must realize that the political awakening that Anwar has unleashed in the nation cannot be suppressed just by throwing him into prison with the assistance of what many see as a compromised judiciary. That political awakening will only multiply many fold should Anwar die or be incapacitated while in prison.
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Discussions
3 people like this. Showing 18 of 18 comments
Competency can only prevail if there is competition threatening one survival. Malaysia is in dire need of a two-party system to keep politician on their toe.
In this regard, the current opposition parties need to be united under one banner not solely for the convenient of general election. They should demonstrate their commitment to common policies and objectives in all aspects.
The divergence of political agenda will not help their cause as an alternative choice, it merely showed their union is a marriage for convenient.
2014-04-04 11:20
trust & independence of the judiciary is paramount. the 3 branches of our country administrative & judiciary must be separated. 1. Executive ( PM ) 2. legislative ( Parliament ) 3. Judiciary ( Courts )
2014-04-04 11:55
everyone who has clear conscious is well aware of the degradation of Malaysia (be it judiciary, living standard, corruption, education).
i agreed that only through voting (peaceful way of regaining power from BN) we stand a chance to stop country from decline.
May Uncle Koon to live long to witness the change of Malaysia for betterment
2014-04-04 13:09
U can fool ppl some of the time & some ppl all the time, but u cannot fool all ppl all the time.
2014-04-04 14:11
benson911 U can fool ppl some of the time & some ppl all the time, but u cannot fool all ppl all the time.
04/04/2014 14:11
Unfortunately they're STILL fooling many people :(
2014-04-05 03:44
So mr koon, I agree with you when you say that we can change the country through ballot boxes. But how do we deal with people tampering with the ballot box results??? You tell me la. Everyone can put all their votes in but if the results are altered then how. We cant do anything. Like the previous GE.
2014-04-05 11:56
Life in Malaysia will definately be very much better when we no more have UMNO/BN
http://s15.postimg.org/xduuuwq97/life.jpg
2014-04-05 12:08
connot nice picture but however i will never support any government, any corporate's only support traditional living of our ancestory i dont need the court goverment agencies telling what i can do what i cant do so screw the entire global system base on ranking they always take advantage of their power, they always do and always will the never ending cycle of greed lust and all -ve point of characteristic there is....its vicious cycle u end 1 and another pops out damnation of the human illusionised society
2014-04-05 12:41
Incompetency is found across all government institutions and GLC corporations were mainly due to implementation of race-based policies since early 1970s, to correct all these problems, a change of regime is necessary ,and history had proved to us that,non of the ruling regimes can do self-reformation.
2014-04-05 12:53
Political change in the air
Koon Yew Yin
| April 3, 2014
The multi-racial support for Pakatan Rakyat and PKR is not only strong but growing.
COMMENT
MalaysianIn the run-up to the Kajang by-election on March 23, I was honoured to be asked to speak in support of the PKR candidate, Dr Wan Azizah Wan Ismail.
In my address to the crowd which I kept short, since I was sharing time with Azizah, Anwar Ibrahim and other Pakatan Rakyat political leaders, I chose not to speak on the political issues which should influence the way that the Kajang electorate should vote.
Instead, I focused on my personal experience with the MCA and explained why a vote for the MCA candidate was an exercise in futility.
That night was a memorable one for me. Firstly, it was the first time that I have ever made a speech from the roof of a truck.
Secondly I did not expect the crowd of enthusiastic supporters cheering the speakers to run into the many thousands gathered there. To be honest, when I made the trip from Ipoh to Kajang, I had expected election fatigue with the by-election coming so soon after the 2013 national elections.
Instead I saw sheer energy and commitment – from the top political guns to the volunteer party workers and all the way to the people gathered patiently in the padang.
Most important, I felt a tremendous sense of camaraderie among the multi-racial crowd. I had been afraid of the sense of racial unity and solidarity in the opposition, given Umno’s latest attempts to play the divide and rule game in Selangor, focusing on the Allah issue.
I was also concerned that the PKR’s and Pakatan’s credentials as a multi-ethnic and multi-religious party and coalition may have been eroded by the propaganda BN war.
I can honestly say that what I saw took me by surprise – the multi-racial support for Pakatan and PKR is not only strong but growing!
I left the rally that night fully convinced that if Kajang was an example of the political sentiment in the country, we will definitely have a change of government during the next elections.
As it turned out, Azizah won the by-election with a handsome majority despite her campaign being heavily outgunned by the big spending and no-holds barred campaign of the BN.
Perhaps because the national spotlight was on this single election and the result in Kajang did not threaten BN in any manner, there have been few reports of dirty tricks attempted by the BN to ensure a victory for its candidate, MCA vice-president Chew Mei Fun.
Beware of dirty tricks ahead
Today, the BN coalition is in power despite receiving only 47% of total votes cast in the 2013. elections. During the next elections, we can expected that percentage to fall down even further.
I am confident from what I witnessed in Kajang that the majority of Malaysians – Malays and non-Malays; East and Semenanjung Malaysians – want political change and have the stamina to outlast the BN.
But at the same time, we must be fully prepared for an even more unfair, unprincipled and unethical election the next time round.
In fact the conviction of Anwar on the second sodomy charge and Karpal Singh on the sedition charge can be seen as the opening shots by the BN for the next national GE.
The two charges are nothing else but pure political persecution aimed at removing two of the most charismatic and potent opposition leaders and sowing dissent in the ranks of the PKR and DAP.
Much have been written by the international media on these two trumped up charges which have led the United States Department of State to issue a press statement expressing concern in the following way
“The decision to prosecute Mr Anwar and his trial have raised a number of concerns regarding the rule of law and the independence of the courts. In this high-profile case, it is critical for Malaysia to apply the rule of law fairly, transparently, and apolitically in order to promote confidence in Malaysia’s democracy and judiciary.”
BN’s miscalculation
Anwar’s conviction was arrived at with unprecedented and indecent speed by the appeal court judges; hence triggering Azizah’s nomination in Kajang.
If the government thinks that this will finish off Anwar and PKR politically, it has miscalculated.
During the Kajang by-election campaign, ordinary people I spoke to were incensed that the government would stoop so low to using our courts of law to kill off the two highly regarded and veteran politicians.
The subsequent PKR victory showed the extent of the voting public’s anger with this dirty trick.
In the months and years ahead, I am sure that Anwar’s sodomy 2.0 conviction will prove to be a rallying point for Malaysians outraged with the way in which the courts of law are being treated as political courts to score points by the BN government against the opposition.
BN may appear to have won the court victory; they will find out that they will lose the war.
http://www.freemalaysiatoday.com/category/opinion/2014/04/03/political-change-in-the-air/
2014-04-05 14:32
hmm, I wonder....Does the Malay swing in the ‘Kajang vote’ spell doom for Umno?
http://www.themalaysianinsider.com/malaysia/article/does-the-malay-swing-in-the-kajang-vote-spell-doom-for-umno
2014-04-05 14:34
Orang yang bodoh masih bersama Umno..
http://s28.postimg.org/xshmuk1tp/sokong.jpg
2014-04-05 19:32
Uncle Koon, The Edge this week reported that Mudajaya and Binapuri are front runners for KIDEX. The tender value for this elevated highway worth RM2.2bil. On another note, KIDEX is directly and indirectly owned by Loh & Loh Corp, former Chief Justice Tun Zaki Azmi (UMNO man?) & Zaki's daughter, UMNO legal adviser Datuk Mohd Hararizam Harun, Magniplan Sdn. Bhd. and Noblemax Resources Sdn. Bhd. Now, the question is would this project be awarded based on "technical evaluation & value for money" or political connection? Would Mudajaya be able to secure this job? Appreciate your thoughts on this.
2014-04-06 08:55
Under the licensing act for stockbroking firm, certain senior level of the firm must have at least 30% Bumi.
2014-04-06 20:47
Pah Lah, today CIMB Research published a report with a title "Catalyst Round the corner for Mudajaya" regarding the award of the Kindex elevated highway,
2014-04-07 09:30
Uncle Koon, thank you for all the info on investment. Can you also share with us how to analyse a construction company since you have vast experience with the construction industry.
2014-04-11 11:01
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Good article. The only way out is to bring down the BN.
2014-04-04 10:51