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In Perak crisis, frustration describes public sentiment PDF Print
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Sunday, 26 April 2009 02:43

“I've absolutely lost hope in our current judiciary. This is the perception of not just me but many Malaysians. We’ve lost faith in the courts. That’s bad because it has severe consequences to the economy.

By Debra Chong, The Malaysian Insider

Tommy Thomas and Datuk Shafee Abdullah, two of Malaysia’s most prominent lawyers, turned a Bar Council forum on the Perak constitutional crisis into a courtroom today, debating fine legal points.

But it was Subramaniam Pillay, an unknown economist with social pressure group Aliran, who probably articulated public frustration over the power grab by Barisan Nasional (BN) which has plunged Perak into chaotic battle for control with Pakatan Rakyat (PR) that is being played out in various courts.

“I've absolutely lost hope in our current judiciary,” said the Teluk Intan native.

Subramaniam was referring to recent court rulings which appears to have ignored the doctrine of separation of powers and also constitutional provisions which say the judiciary cannot rule on proceedings of legislative assemblies.

“Give everybody a chance so everything is aired and then we come to a decision, whichever way it goes then the public will understand why the decisions were made and were not simply arbitrary decisions,” he said in commenting about the swiftness in which various legal disputes are being disposed.

“This is the perception of not just me but many Malaysians. We’ve lost faith in the courts. That’s bad because it has severe consequences to the economy.

“All this is bad for the economy of a country because it will deter foreign investments,” said the economics lecturer, adding it reduced the public’s overall respect for the law at a crucial time when the country needed to create a climate of stability.

However, Subramaniam also pointed out the Perak crisis was a “blessing in disguise” as it would ultimately benefit the public, especially Perakians, even though they may have lost the government they had voted in at last year’s general elections.

He noted a greater public awareness of their rights, which would force the political parties to buck up and become more service-oriented or face the voters’ displeasure.

He called for an overhaul of public institutions such as the Election Commission and the recently-created Judicial Appointments Commission (JAC) and raised the idea of creating an Anti-Hopping law, to ensure voters get the last say in who represents them in parliament.

Of the three speakers, Subramaniam received the loudest applause from the audience.

This was despite the presence of the two stars in Thomas, a constitutional law expert who represented Perak Speaker V. Sivakumar in court recently and Shafee, a veteran lawyer who had previously acted for BN.

Thomas offered the forum an insightful view from the Speaker’s perspective.

He questioned the federal court’s haste in wrapping up the legal wrangling between the two political rivals without carefully considering the consequences of its decisions.

“In constitutional law, there is no doctrine of automatic dissolution,” said Thomas, pointing to a lack of description for such under Article 36 of the Perak Constitution.

He attacked the idea put up by BN on the need to resolve the legal dispute before May 7, its self-imposed deadline to avoid an automatic dissolution of the state legislature.

Shafee presented arguments from BN’s perspective.

He argued that the “crisis” proper began right after the general elections on March 8 last year, when DAP, PKR and Pas formed a “loose federation” to persuade the Sultan of Perak to allow them to govern the state even though BN had the majority votes in the Assembly as a “solid federation”.

He explained the present “crisis” arose only because PR refused to admit defeat despite the alliance having realistically lost its majority.

Shafee defended the court’s apparent hasty rulings as a “sarcastic” attempt to follow the new Chief Justice’s directive to improve the delivery of justice as many court cases had piled up over the years.

 

Comments (19)Add Comment
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written by gx27, April 26, 2009 02:57:57
shafee, correct me if i am not wrong, you were also involved in the altantuya's case right?

with all the lies and accusations and sins, i wonder how you can sleep well at night.

it is my wish that you be haunted by the ghosts from your sins every seconds in your life.

true sampah to the society.
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written by GoMalaysian.********.Com, April 26, 2009 04:37:31
Kembalikan Hak Rakyat! Bubarkan DUN Perak!

suara dari anak Perak!



http://gomalaysian.********.com/
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written by educationist, April 26, 2009 06:25:51
Yes, frustration is the right word!
I begin to question whether justice will prevail in the end.
When the highest court of the land seems to work kands in glove with the UMNOputras, the rakyat in Perak is at the losing end.
But, we have to counsel patience, the next general elections will come by soon enough in 4 years time, then the UMNOputras must be shown the door with a big kick!!
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written by loosecannon, April 26, 2009 07:57:44
We are all frustrated and outraged and rightly so. BN takeover of Perak is shameful and illegal and certainly, morally wrong as seen by the rakyat who voted in PR. Had it been the other way round where PR do the same to BN, we can be sure that the judiciary will jump quickly to judge in favor of the BN. No doubt about it. That's how skewed the judiciary has become.

But all is not lost. Even if BN continue to run the state illegally, this will only turn people against them. Not only in Perak but the whole country. PR can only benefit from this and the result will be a stunning defeat for the BN in Perak in the next general election. Other states will also gain in vote counts arising from this. So to Nizar the legitimate MB, I would like you to continue to fight because the people are with you on this one. Truth and justice will prevail in the end. Sultan or no sultan.
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written by Old Man, April 26, 2009 08:35:32
Around 1987, I had asked a Senior and well respected lawyer, " How come you do not attend Court these days? " He reply was, " These days the Judges are not bothered with the facts and points of laws. If you're willing to play 'golf' to settle a case you'll be asked, 'How do you want me to deliver the Judgement?' which means either I spent time playing 'golf' or close my law firm! As as matter of principle, I not bothered to appear before any of them!" smilies/grin.gif smilies/grin.gif smilies/grin.gif
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written by Comodo, April 26, 2009 08:37:27
These is the problem when veto power given to one person, and No Check And Balance for his decision. They became arrogant just like Hitler,Saddam…... The worst in our Bolehland is all of them are in a same arrogant ship..
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written by hellosunshine, April 26, 2009 09:03:40
Frankly, I am farking tired of reading these same old articles every day on our kangaroo courts and the corrupt politicians and their abuses. Don't tell me what I already know, tell me how the rakyat can farking correct the system, PRONTO! Damn! smilies/angry.gif
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written by ibabonma, April 26, 2009 09:29:47
Dei Thambi, many court cases had piled up over the years because of lawyers like you who never prepare your cases and resort to postponements.

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written by tokioRain, April 26, 2009 09:46:47
a “sarcastic” attempt to follow the new Chief Justice’s directive to improve the delivery of justice? Man, thats scrapping the bottom of the barrel...
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written by lynn, April 26, 2009 10:09:10
All of us have Dr Mahathir to thank for this fcuk-up in our courts. I always had a suspicious feeling this mamak hates lawyers,the rule of law & ultimately, he would control the Judiciary. Nowadays we know certain judges have no integrity, credibility and the public viewed them with suspicion & doubt.

I know a few judges are upset & angry with what is going on in this country's Judiciary but what can they the minority do? I remember when I was on the witness stand, I was asked a question to which I replied "correct" and the judge chewed my head off. She said, "don't use that word in my court room! Just say "yes or no".

At that time, korek korek korek's expose burst open - videotape version of korek korek korek can be viewed at YouTube.


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written by arazak, April 26, 2009 10:34:53
We have people such as Ghani Pak Tahi, Shafee, Agustine Paul, and Mr Korek, korek, korek running the court system that had caused the rakyaat to have lost their faith not only to the judiciary but to the federal government as a whole. What these goons are doing was that they are destroying the credibility of the judiciary and the government with their actions (and inactions). The thing is that they do not realize it because they never saw it from the rakyaats' perspective. They only saw it from their UMNO master's perspective. . . , and that is grossly their fault and their own doing. In a way, it is good to have these people in our court system as they will be the catlyst that will destroy the UMNO's regime. So let us hope they keep it up with what they are doing. . ., whic is; digging the UMNO's grave in favour of the rakyaat!

Mr. Pillay was right, if I am an investor, with this kind of judiciary system, I would not dare to put my money in this country. Never!
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written by Angela Ooi, April 26, 2009 11:25:42
Arazak, you forgot YUCKY Zaki who is heading these guys!
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written by gycgocnt, April 26, 2009 11:48:01
Ask Sultan to read what's written in Malaysia Today, Malaysiakini, KerajaanRakyat and so on.... He will realise what he has done is right or wrong. We don't want to listen any reason of BN or Sultan.

Do you think the reason of 'according to the constitution' can pursuade us to shut our mouth? If everything in Malaysia is according to constitution, nobody will detain under ISA, Sedition Act, nobody will punched by PDRM until dead in police custody, nobody will detain because he's telling the truth....

Do you think BN reason of grabbing power in Perak is unacceptable? Zambry said they grab it because they wanna take care the Perakian. So, can we "Rape Zamry's wife or daughter and say-- Zambry, I Rape your wife and daughter because I want to take care of them.

From the reason given by Sultan and Zambry, we have realised they are just "Playing of the Constitution and Fcuk people's *******!
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written by RumahPanjai, April 26, 2009 12:35:42
Where are our judges schooled? How did they pass their law exams without any ideas on British constitutional law? Even a layman can easily understand the separation of power. Why can't our judges? Any tom, dick and man down the street can be a judge in Malaysia....semua bolih!
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written by latihanQ, April 26, 2009 12:37:14
Malaysians are with Nizar. Malaysians will accept his removal if it were carried out in compliance with the laws, unfortunately this being not the case seeing how the institutions of government have been perverted to prop up an illegal pretender. Fairplay will respected whilst foul means will be abhorred and looked upon with contempt.
Zamby is a pretender and a usurper. He will never have respect and legitimacy, not in a million years!
The ballot is his only hope.
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written by kurangfaham, April 26, 2009 13:16:08
All because MONEY MONEY MONEY and Government projects. The public's voice will not be heard anymore, only money can talk.
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written by kurangfaham, April 26, 2009 13:18:53
"Do you think BN reason of grabbing power in Perak is unacceptable? Zambry said they grab it because they wanna take care the Perakian. So, can we "Rape Zamry's wife or daughter and say-- Zambry, I Rape your wife and daughter because I want to take care of them."

Is it possible?, if can let me be the first to try.
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written by Nadal, April 26, 2009 18:29:03
Come guys,grow up. If you hate Zambry to such an extent, it's fine by me. But giving an example of raping his wife and daughter, that is low.

I don't like what he did but I do accept that BN outplayed Pakatan in the political game in Perak. It's still Pakatan Rakyat's fault for picking lousy reps. Datuk Nik Aziz managed to keep Kelantan state even with a 1 seat majority. PAS had very good reps. And Pakatan will win Perak again. The sentiments are strong. And Zambry knows this.

Please stop all these childish anger by saying rape this person, four letter tirades and calling Perak with the malay name for taking a dump. This is really a poor expression of yourselves actually.

You know you guys don't like Mat Rempits.... Then PLEASE stop talking like them because that's how they talk!!! Ironic isn't it?
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written by KingSolomon, April 26, 2009 22:54:23
On the bench are poisonous snakes, vultures, hyenas, scorpions, komodos; only a few human beings left.
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