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When time does not heal PDF Print
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Saturday, 31 October 2009 14:01

So here we have a Royal Commission of experienced legal minds finding sufficient cause to invoke numerous laws but the Attorney General not being able to sustain the momentum and initiate a prosecution.

By DAVID D. MATHEW/MySinchew

There is one particular habit prevalent in this country which threatens to destroy its soul. It is the habit of not completely dealing with an issue in the hope that time will heal.

When an issue blows up, there is a period of denial with the standard "I do not have all the facts with me" reaction trailing just behind. This is normally followed by the "we are looking into this matter" response. Then there is the "we take this very seriously" progression.

If the public does not stop demanding for action after about two weeks or perhaps more, cue the setting up of special task forces and Royal Commissions. At this point, there is sometimes yet another trick up the sleeve. This would be the often hazy and pitiable terms of reference given to the special task forces and Royal Commissions.

Some months will pass, evidence will be taken and then the all important Laporan Rasmi or Official Report will be released.

Sadly these reports are often very shy. It takes an almighty effort just to gain access to them and when you manage to do so, it may only be available for about two weeks or so. Some of these reports also come in small quantities. Chances are that by the time you get to the counter, all the copies would have been snapped up.

Then comes the icing on the cake. This would be the "keep our fingers crossed and hope the public will forget" segment. During this time, there may be some mutterings about how the ball is in the Attorney General's court and so everyone has to just wait.

Sometimes the person or body at the centre of the report will flatly reject and dismiss the recommendations contained therein. Sod the King's men, we have decided that their suggestions are unnecessary.

Days will then come and go with no urgent action because the public clamour is not so loud anymore. The long drawn out affair has made them weary.

Sometimes these issues die a natural death and at other times, half baked attempts (also known as a compromise) are made to right the problem. Recently, we were treated to the "not enough evidence to do anything about the issue" response. Sorry King's men, thank you for your conclusions and recommendations, but you guys were wrong. No further action is required on the matter.

This was the government's announcement in response to the Royal Commission of Inquiry which investigated the (pause here for breath) video clip recording of images of a person purported to be an advocate and solicitor speaking on the telephone on matters regarding the appointment of judges.

In a written reply to a question posed to him, Minister in the Prime Minister's Department Nazri Abdul Aziz told Parliament last Wednesday that "the attorney-general's chambers decided there was no further action required."

Let us just refresh our memories to appreciate the poverty of this decision.

In December of 2007, a Royal Commission was officially constituted by order of the King in accordance with the Commissions of Enquiry Act, 1950.

The Royal Commission was specifically ordered to identify the speaker and the persons mentioned in the conversation and determine whether any act of misbehaviour was committed by the person or persons identified or mentioned in the video clip. Should such person or persons be found to have committed any misbehaviour, the Royal Commission was to recommend any appropriate course of action to be taken against them.

The Commissioners found that the person speaking on the phone was Dato' V.K. Lingam and that he was speaking to Tun Ahmad Fairuz bin Dato' Sheikh Abdul Halim. The Commissioners also found that the content of the conversation in the video clip is true in substance and in material particulars.

In case anyone has forgotten, the Commissioners also categorically stated that there was "sufficient evidence of misbehaviour." Most importantly, the Commissioners found sufficient cause to invoke the Sedition Act 1948, the Official Secrets Act 1972 and the Penal Code.

It is important to bear in mind that the Royal Commission comprised of, among others, a former Chief Judge of Malaya, a former Chief Judge of Sabah and Sarawak, a former Court of Appeal Judge and a former Solicitor-General.

So here we have a Royal Commission of experienced legal minds finding sufficient cause to invoke numerous laws but the Attorney General not being able to sustain the momentum and initiate a prosecution.

This is not a happy state of affairs.

The Royal Commission also suggested that fresh investigations be undertaken in the light of the testimonies of V.K. Lingam's brother and also his former secretary. Not much has come out of this suggestion.

Concrete action must be taken against those responsible for the second most deadly attack on the sanctity of both our Constitution and the legal system. In a hundred years, the spectre of the video tape will still haunt the judiciary's image if justice is not served.

As human beings we may forget but time will never heal the rotten state of affairs permitted to remain unrepaired. Future generations will be the ones that suffer the consequences.

Comments (18)Add Comment
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written by KingSolomon, October 31, 2009 14:13:24
"I do not have all the facts with me"

It means "I do not know whether I myself, my proxies and cronies are involved in this case, so how can I give any comment now?"

Moreover, all those in high places, including the AG have skeletons in their closets. Taking action on anyone will surely link the case to others, including himself.

All the so-called watch dogs and enforcement agencies are either toothless or friendly. Therefore no action is necessary.
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written by MAMR, October 31, 2009 14:21:38
Malaysia will progress at a BETTER pace WITHOUT UMNO/BN AT THE HELM OF POWER.By then there should be fairness for all Rakyat and NOT JUST FOR CRONIES AS PRACTISED BY UMNO/BN. Another good thing is there will be a new AG, IGP,AND NEW BOSSES OF MACC AND EC.
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written by joeawk, October 31, 2009 14:43:01
Wevbwiol win the next general election buit UMNO will want to remoain in poower by hook or by crook and it will be for us to ensure that they make way for us to take over.

We will form a RCI to investigate the scumbags for power of abuse among shannigans they have committed and more likely than not, the AG and IGP and CJ will be found guilty of at least, abuse of power and eventually send to jail.

The LHDN must also be roped in to charge them for all that they have stolen from us and maybe the LHDN chief shd also be investigayted for not collecting dues from the many they chose to overlook.

All the director Generals and others, be very afraid and we know you will work against us, the new malaysians but we are the majority and not you, scumbags.
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written by truthbespoken, October 31, 2009 14:48:01
UMNO! See! See! It is common knowledge! Every Malaysian knows exactly how badly your government system behaves! They share the same sentiments expressed above. Have you to blatantly always continue to bully the poor rakyat into submission of your misendeavours and wrong doings? In the above case, just to protect that incalcitrant retired Mahathir and some wayward judges? Damn you UMNO! Damn! smilies/angry.gif smilies/angry.gif
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written by malgal, October 31, 2009 15:00:38
we are led willingly to be slaughtered. we know the facts, but let our silence tighten the noose.
and so many are still ambivalent and not exercising their right to vote.
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written by alarcarte, October 31, 2009 15:44:13
Sadly these reports are often very shy...


Let face it, if the report is not shy, then the person who wrote the report career's is at stake, sometimes he may even receive a letter address to him containing live bullets as well.

Sad, sad, sad..
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written by justice seeker, October 31, 2009 16:02:35
So here we have a Royal Commission of experienced legal minds finding sufficient cause to invoke numerous laws but the Attorney General not being able to sustain the momentum and initiate a prosecution.

By DAVID D. MATHEW/MySinchew

There is one particular habit prevalent in this country which threatens to destroy its soul. It is the habit of not completely dealing with an issue in the hope that time will heal.

THIS IS 1MALAYSIA WITH 2 STANDARDS. AND WHEN THEY THROW DOWN A FEW CRUMBS,
ALL THE YES MEN WILL EVEN SELL THEIR MOTHERS AND WIVES TO GAIN SOME FAVOURS.
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written by clarity, October 31, 2009 16:10:09
Malasysia Boleh! Can bribe judges, can blow up people and get away with it. Next will be the PKFZ. We are half way there already.
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written by InnerVoice, October 31, 2009 16:50:39
No matter how many Royal Commission being set up to address any public abuses of any kind, at the end of the day the Attorney General will concluded it as NFA.
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written by NSTPravda, October 31, 2009 18:14:39
It is the habit of not completely dealing with an issue in the hope that time will heal???!!! We beg to differ, it is the habit of completely not dealing with an issue in the hope that time will conceal, meanwhile wrongdoers continues to steal, pillage and murderers go free. $o $emua-nya OK!
smilies/tongue.gif
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written by Eskay Lim, October 31, 2009 21:04:45
The only option to prevent future "touch-and-go" reactions is to force this infamous Attorney-General to vacate his post.
But I guess, this will remain a dream because this AG has not completed his "pay back" mission to the BN masters.
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written by temanmu, October 31, 2009 21:38:43
The report & recommendations should be put on a govt website for all to read.

The BN govt is so fearful & embarrassed they have to hide it and wish that time will erase it from public memory!

Are there any political parties & NGOs keeping a record of the BN blunders? How about starting a list dating from Anwar's sacking?



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written by educationist, November 01, 2009 09:08:56
I disagree!!
It is not future generations that suffer the consequences of this rottenstae of affair.
We all are!!
Especially those who yearn to see the development of a more fair and just society!
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written by Angela Ooi, November 01, 2009 11:18:44
UMNO and their cronies may get away for now but the stain of their corrupt evil ways WILL remain in Malaysian history and karma WILL find a way to correct the wrongs they perpetrated.
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written by Bigjoe99, November 01, 2009 14:35:27
I have written how the UMNO of today don't have a clue to the damage the do to institutions, the law, the constitutions for example what they did in Perak compared to the past. I think the point where thinks things began that way was 1988 with the damage of Mahathir on the court system.

The damage don't in 1988 goes beyond just the judicial system. It basically broke the dam of 'the end justify the means'.. The only check after that was raw power and wealth. The only time UMNO is willing to stop damaging institutions, the law and social standards after that was either the fear or losing power or they were going to lose money..
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written by Steven Ong, November 01, 2009 14:47:43
This reminds me. When are results of our angkasawan, Dr Seikh Muzaffar' s so called scientific experiment going to be revealed to all? And cant wait for the new movie , '' Sodomy II '' . Or is it scrapped?

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written by Nixcloud, November 01, 2009 22:22:25
So, is this "derhaka" - afterall, the Royal Commission is by the head of the royal family...
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written by Aramsawafer, November 01, 2009 22:34:05
To all those who aspire for change, RPK has spoken clearly and unambiguously that the only way is to topple the police force. The police under Musa Hassan is the pillar of the current regime. They have done and will do anything, carry out every insinious action, by crook if necessary, to ensure that the regime and all its nonsenses remain status quo. It is a police state run by a gang of thugs and cronies who are there to enrich themselves. RPK has given examples of countries where all the dictators and tyrants are always being propped up by the police force or the army. The majority of the middle class know what the evil the regimes are up to. Most do not agree nor support their eveil deeds. But there are other, for their selfish interest will conitnue to support the evil regimes. The majority of the lower income group, the kampong folk and uncles and aunties are still not wary of the misdeed of the current government. They will continue to throw and waste their precious vote to let this regime destroy the this beloved country. There are even those who are already brained washed and can never be changed so easily.

So my dear beloved country man, this country is in danger of falling into further decay. Only the masses can help to change for a better tomorrow. WHO are the masses? What can they do? Help the Opposition win the next election? How???
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