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A few days ago, in answer to the question, ‘How should a judge endear him / herself to the Bar’ that was posed in cyberspace, I offered this, in response : ‘Treat lawyers with the same courtesy that the judges themselves expect be shown to them, hear impartially and devoid of any bias, and decide according to the law, without fear or favour. No more, no less’
On October 22, 2008, in the matter of the hearing of an application by RPK for an order of Habeas Corpus, the Honourable Justice Datuk Syed Helmy bin Syed Ahmad did just that. He returned the courtesy that counsels in attendance showed to the court, and heard all parties with the impartialiity and the absence of bias that his office called for. After that hearing, when asked by some media people to speculate on the outcome, I had said that an ounce of courage in the right place when judgment is delivered may well see justice done.
This morning, with courage, and without fear or favour, His Lordship decided according to the law. No more, no less. In so doing, His Lordship endeared himself, not just to the Bar, but to all good people of this nation. For those who were in court, His Lordship’s pronouncement of the following words was music to the ears; the balm that soothed away the pain of the last 55 days of having a friend and a patriot taken away from us. ‘…Dan adalah juga diperintahkan bahawa satu Writ Habeas Corpus dibenarkan dan pemohon diperintahkan untuk dibawa ke Mahkamah dengan serta merta tidak melebihi jam 4.00 petang hari ini untuk dibebaskan dengan serta merta’ This morning’s order of the court, in pdf, is linked below, for those of you who might want to download the same and frame it up. I know I’m going to. habeas-corpus-order-7-11-08 His Lordship rejected the argument that Section 8 of the ISA is unconstitutional. Was he right? Respectfully, I think not, but that is a debate that will have to be argued on another day before another court. And it will be argued on another day because, contrary to what has been said and insinuated of late, there still are good men at the Bar who will, in keeping with the highest traditions of the Bar, continue to pursue the ideals of a free and independent people of this good nation. Read more at: http://dinmerican.wordpress.com/2008/11/07/big-haris-ibrahim-reports-rpk-released-from-isa-detention/
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Let's not forget the brave judge in DSAI's current sodomy trial!!
A few good men & women - those organised and those attended the candle vigils to give physical form to the prayers of the many good people who can't attend for one reason or the other.
And the result is like the dawn of a new era for our battered and weary souls - there's renewed faith that, perhaps, just maybe evil will not triumph over good.