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Does Malaysia Have a Newly Independent Judiciary? PDF Print
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Tuesday, 11 November 2008 16:23

The dismissal of charges against a prominent blogger fuels speculation over why and how

Asia Sentinel

The decision Friday by High Court Justice Syed Ahmad Helmy Syed Ahmad to free the Raja Petra Kamarudin, the editor of the internet publication Malaysia Today, has kicked off an intense round of speculation in Malaysia that the courts might be breaking loose from the thrall of the United Malays National Organisation, the country’s biggest ethnic political party.

Raja Petra was ordered jailed on a plethora of charges in September, mainly for writing a series of scathing if not scabrous editorials and articles that sought to link Deputy Prime Minister Najib Tun Razak to the 2006 execution murder of Mongolian translator Altantuya Shaariibuu, then 28, the jilted lover of Najib’s best friend, Abdul Razak Baginda. Abdul Razak and two of Najib’s bodyguards were arrested and subjected to one of the longest trials in Malaysian history before Abdul Razak was freed last week.

The decision to free Abdul Razak spurred widespread controversy from critics who argued that the well-connected think-tank director’s acquittal was engineered because of his friendship with Najib. One of the articles that got Raja Petra into trouble, among many, was his printing a private investigator’s allegations that Najib had been the woman’s lover and had passed her on to Abdul Razak. The bodyguards remain in jail and have been ordered to put on a defense, raising questions over why they would kill a woman they didn’t know without being ordered to do so.

In additional to being subject to charges of criminal defamation, Raja Petra was also charged with sedition and ultimately was given two years in prison for violating the country’s notorious Internal Security Act, which allows for what amounts to indefinite imprisonment without trial or habeas corpus. He was charged with publishing articles and readers’ comments critical of Islam and an insult to Muslims as well as publishing allegedly defamatory or false articles about Malaysia’s leaders “with the intention of undermining public confidence and inciting hatred against the government; the articles are alleged to be a threat to national security.”

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Comments (16)Add Comment
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written by AngryTaxpayer, November 11, 2008 16:30:07
Dun know why but I'm still highly suspicious of UMNO and their goons........heard of the saying "Nothing comes free"?
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written by cheekymate, November 11, 2008 16:30:46
New Independent Judiciary? Frankly, I am skeptical and remain cynical that there exists a huge conspiracy behind the scenes of the present ongoings. We could possibly be seeing something close to a miracle within the next couple of months. Just keep our fingers crossed.
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written by mountain man, November 11, 2008 16:33:29
Judiciary Independence, too early to rejoice, BUT encouraging signs that pockets of judges are beginning to exert justice with independence and hope this momentum will continue to encourage those who are still hesitating for fear of offending the political elite in UMNO who are mostly tainted to some degree, e.g. C4 guy, wrongful detention under ISA, etc.
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written by eloofk, November 11, 2008 17:22:32
A newly independent judiciary? As long as UMNO is still in power in the administration of the government, there wont be any. Only if u can recall about the Tun Salleh Abbas episode under the TDM administration. Need i say more?
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written by kkselvam, November 11, 2008 17:55:59
Najis and Rosmah must be hauled to court and made to answer to many questions related to them! Lets hang them in public and make it a BIG lesson to UMNO and all the tyrant wannabees!
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written by sisa, November 11, 2008 18:11:39
Will the brave continue the rise...or will the raising be silenced?
I know the answer//....

Too many sisa out there..they cannot accept these..changes.

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written by ahmadneil, November 11, 2008 18:12:51
The arrest of RPK is to prevent him from publicsing Baginda Razak's imminent release.So that why they arrest RPK and only released him after they release Baginda Razak.RPK arrest has nothing to do with all the charges.These are all the games they are playing.There are so many ISA person and why they only release RPK.He is a scrapegoat for Baginda Razak.
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written by justinlian, November 11, 2008 18:13:52
There is no old or new judiciary as long as the govt is the same.
Even with pakatan, they will still be involved with it by lesser only.
Hopefully, a new govt will serve the rakyat better than now and give it more freedom to everything.
In Malaysia, we should not see racial too important, everyone has a mouth and everyone needs to eat so we should group everyone to make a better tomorrow.
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written by ahmadneil, November 11, 2008 18:14:23
One release does not make us believe the independence of the judiciary.
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written by educationist, November 11, 2008 19:48:57
I, too will like to believe that RPK's release is based on brave judge's just interpretation of the law.
Then, there's the brave judge Komathy refusing to be cowed by the AG, standing firm on the side of justice.
They may not amount to much, but at least they gave cheer to many a weary soul who has despaired of ever seeing our judiciary give fair and just verdicts!
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written by chanatak, November 11, 2008 19:59:41
A cultural change in the judiciary? NO!
Can a leopard change its spot?
Can UMNO become un-racist?
Have you seen the bald headed fat-mouth in charge of the home ministry change in any way?
The answers are NO! NO! NO!
If UMNO can change, it would have changed by now after the shameful showing in Mar 08.
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written by Sabahfan, November 11, 2008 20:31:57
A few independent minded judge does not make the whole judiciary independent especially if led by a biased judge who dont even respect his own contry's islamic organisation , by getting married in Thailand???

So the next thing that will happen is the few independent minded judges will have to follow Ian Chins footsteps...

And the last part of the article makes me laugh although with anger. So UMNO makes it illegal to incite hatred against the govt. Cos they are the Ketuanan who has the divine right to rule for ever and ever, amen. Well sorry, UMNO leaders are just humans and not even malays but PENDATANG! If they good, okay, but if corrupted, also cannot hate kah? wooow, what previleges these goons are trying to preserve.. do I need to say more?
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written by SocratesI, November 11, 2008 21:05:36

Not until we re-instate Article 121 to reverse the damage Maha-Shithead has wreaked upon Malaysia, and is now trying to re-introduce his Maha-Shitheadism through his murderous puppet Najis Rosak !

When we get an independent Lord President amongst the most senior Judges in the country with the highest integrity, I will start believeing we have an independent Judiciary.

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written by fdqn, November 11, 2008 22:21:37
Scratesl,wise word spoken by wise men,just like my father before he spoke his last. I do not know how old you are but you reminded me of my father's word.God bless you and your love ones. smilies/smiley.gif smilies/wink.gif smilies/kiss.gif
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written by fdqn, November 11, 2008 22:23:35
Socratesl,sorry for the wrong spelling, forgot about the 'o' thousand apologies
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written by LFLee, November 11, 2008 23:04:13
Does Malaysia Have a Newly Independent Judiciary?

No - until Najib appear in Court in Altantuya case;
No - until Najib charge guilty with corruption in the Eurocopter case;
No - until Najib charge guilty with corruption in the Submarine case;
No - until Mahathir charge guilty in his involvement in Judiciary;
No - until Mahathir charge guilty in his Operasi Lalang;
No - until Mahathir charge guilty in all his corruptions;
No - until the police department is charge with against human rights;
No - until botak is charge guilty in against human rights;


No - until Anwar is free from all ridiculous charges;

When all these happens, we can then try to answer this question.
Until then, don't even ask, the answer is simply NO NO NO NO NO NO NO NO NO NO!!!!!
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