Blind and Biased Judges
Taken from The Malaysian Insider
Dayakbaru:
Former Court of Appeal Judge NK Chan made a blistering attack on some judges who he says are not competent and biased towards UMNO led Government.
Many of us Dayakbaru might think that this is happening in Malaya only. This is not true. It can also happen in Sarawak and Sabah too even though we have a different Chief Justice.
We Dayak have many land cases awaiting hearing. We may get incompetent judges to preside over the case, a judge who has little knowledge of our ADAT and CULTURE. We can also have judges that are totally bias for the government and therefore would not see the difference between justice and injustice.
Dayakbaru are however thankful that some important cases has been decided in favor of recognizing natives rights over their land despite the government effort to extinguish such rights.
We must stay vigilant over biased judgment and injustice for Dayak. Our community from now on must respond strongly over bias judgment and injustice done to us through the judiciary. It is about time we consider going into the street to fight and draw attention to our rights in a democratic country.
Article from The Malaysian Insider
Certain members of the judiciary are “incompetent”
The integrity of the judiciary has been badly mauled by a legal lion who does not mince his words no matter how high or mighty a judge thinks he is. He has called a spade a spade and certain members of the judiciary an “incompetent” and even an “idiotic” bunch!
Palace of Justice remain mute
All the Chief Justice (CJ) and the judges in the Palace of Justice have managed to do is remain mum, mute and mumble amongst themselves as NH Chan methodically makes them out for who they really are and the mockery they have made of the law!
Retired Justice NH Chan
The respected, renowned and retired Justice NH Chan is very frustrated, fed-up and furious at how the judiciary which he had served so faithfully has been reduced to a farce run by those who are legal and intellectual frauds or what he has called “imposters”!
With each passing compromised judgment NH Chan unhesitatingly hits out at judges with an increasingly sharper sting. He leaves no stone unturned, no errant judge uncovered. They can “no longer mask their hyperbole judgments with unintelligible garbage”.
“Fools on the bench”
In his latest scathing critique, he said the rakyat is “stunned by the ignorance of our judges of the highest court in the land”, as seen in the recent Federal Court’s decision not to review Anwar Ibrahim’s application to review its previous decision dismissing his application for disclosure of documents for his second sodomy trial.
Some judges cannot understand plain English
NH Chan said the Federal Court’s approach to Rule 137 of the Rules of the Federal Court 1995 was “inconsistent” and “dishonest” and “those ignoramuses” were talking “utter nonsense”. Those “inane judges cannot even understand plain English”! He put it very plainly and painfully!
Calling the three-member panel of Justice Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Heliliah Mohd Yusof “incompetent”, he added “perhaps they were clowns as their statements were laughable”.
“…do not know justice from injustice”
His searing criticism was that they “…do not know justice from injustice”, and that “such lowly individuals should never be allowed to sit on the seat of Justice…(and) to be judges at all. And yet there are so many of them in the judiciary today ever since the rot begun.”
He shredded into smithereens the “judicial renaissance” of the CJ: “Our country does not need impostors, who pose as judges, to deceive the common people any longer. The common citizenry can now uncover the impostors hiding beneath the mantle of the judicature.”
The laws are not to be consonant with justice to be manipulated by them to uphold injustice
He laid bare the judicial sham: “With judges such as these in the Malaysian judiciary where, to them, the principles of the law are not to be consonant with justice to be manipulated by them to uphold injustice, it is no wonder that the errant judges have forfeited the confidence of the people. “
“The general public does not respect such judges anymore!
He left them with a stinging slap in the face: “The general public does not respect such judges anymore! They have put themselves beyond the pale. Just like pariahs. Don’t you think they should be despised?”
On High Court judge Justice Mohamad Zabidin Mohd Diah’s rejection of Anwar’s application to have the judge recuse himself from further hearing the sodomy trial, NH Chan said that the judge was talking “utter nonsense” and “knew next to nothing about judicial bias”.
If you appoint mediocre lawyers to the Bench you will get substandard judges
He added that the “moral of this unsavoury episode” is this: if you appoint mediocre lawyers to the Bench you will get substandard judges. The solution to this problem is a simple one. Appoint judges from the cream of the legal profession and you will not find me assailing the judges for incompetence simply because I will not be able to do so.”
Such was his cutting conclusion: “It is only when we have fools on the bench that I can point out that what they have decided is not the law.”
“Bunch of idiots in high places”
NH Chan had not spared the judges in the cases related to the Perak constitutional crisis of his very strong language when scrutinising their decisions (with the exception of Kuala Lumpur High Court Justice Abdul Aziz Abdul Rahim whom he had praised).
He highlighted the “bad” and “perverse” judgments, especially those in the appellate courts, the collective written judgements which were “riddled with contradictions” and how the Perak and Federal Constitutions were toyed with and trampled on by the judges!
Judges do not seem to know the true meaning of separation of powers
During the Perak debacle NH Chan had said that there are “many of our judges today especially among those judges in the higher echelon of the judicial hierarchy who do not seem to know the true meaning of separation of powers in constitutional law. This is most apparent.”
He called some of the judges of the cases of the Perak imbroglio:
a) Bad judges — they “seem to think that independence means that they can do what they like”
b) Recalcitrant judges — “they think that words can mean whatever they want them to mean”
c) Humpty Dumpty judges — “they also think that they are independent of the legislature”.
Judiciary beholden to the UMNO dominated Government
NH Chan has brought to light how beholden the judiciary is to the Umno-dominated Government. He said the “so-called Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government.”
Perverse Decision
In the “shocking case” of Zambry v Sivakumar in the Federal Court, he called the judgment by the “infamous five” (judges) Alauddin Mohd Sheriff , Arifin Zakaria, Nik Hashim Ab Rahman, Augustine Paul and Ahmad Makinnuddin, a “perverse decision”.
Myopic judges
In the case of Nizar vs Zambry he called the panel of five Federal Court judges made up of the President of the Court of Appeal Alauddin Mohd Sheriff, Chief Judge of Malaya Arifin Zakaria, Zulkefli Ahmad Makinuddin, Ghazali Mohd Yusoff and Abdul Hamid Embong, “myopic judges”.
Confused Thinking judges
They “were lost in a quagmire of confused thinking caused by their own incompetence. They found themselves deep in the forest unable to see the wood for the trees. Does this mean that we have a bunch of incompetent judges who sit in the highest court in the land?”
Alas, with the help of NH Chan the public especially those in Perak were able to see for themselves how members of the judiciary had left behind a dead constitution, “bad” and “perverse” decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards.
Blind and Biased Judges
NH Chan has “judged the judges”. He considers them, especially those in the appellate courts’ “ignorant”, “inane”, “incompetent” and even “idiots” (which he has strongly inferred).
The public shares his view. In their eyes the judiciary has allowed itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy.
Why is Palace of Justice so quiet over the severe criticism?
In the light of the severe criticism of NH Chan of the judiciary (which is quite unprecedented by a retired judge), surely the Chief Justice cannot stand idly, silently and stoically by — unless Zaki Azmi strenuously, staunchly and solemnly agrees with him!
Further if Zaki continues to remain silent the public will assume that he shares NH Chan’s searing criticism of the judiciary. Logically he would have to resign for he has allowed the reputation of the judiciary to be sullied irreparably.
The judicial shenanigans whom NH Chan has criticised and castigated should also resign for having shamelessly sacrificed justice on the altar of political expediency.
NH Chan’s comments is bold, blunt and blistering
NH Chan’s comments on members of the judiciary have no doubt been bold, blunt and blistering. He has accused judges of being blind, biased and being a bunch of “idiots” and “fools”. He has thrown the gauntlet down.
If the CJ disagrees with NH Chan’s criticisms he should haul the former Court of Appeal judge into court and demand that the latter shows cause for why he should not be cited for contempt! Does Zaki have the guts to take up the gauntlet or will he prefer to allow the judicial circus to go on?
Judges must stop this wrong among themselves
NH Chan has made no bones about it. His blitzkrieg on the judiciary will continue. “Bad guys” had better beware! He will ensure that their names remain in infamy for generations to come unless they recant the wrongs that they have done! He will even write their obituary and if they outlive him there will be others who will take his place!
The quality of our judges is suspect
NH Chan sees the next general elections as the only solution to an unsalvageable judiciary viewed by the public with greater suspicion, scepticism and even scorn. He once commented: “At the present time and judging by what we have experienced so far from the Perak takeover cases, the quality of most of our judges is suspect”.
Conclusion
“In the meantime what should we do with so many bad apples in the barrel? If only there could be a change in government in the next general elections with the opposition winning by a landslide. Then we could get rid of all the bad apples by Act of Parliament.”
Popularity: 22% [?]
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Inspirational word from gkm2020
They become blind and biased as they are instructed by blind and biased politician. Blind man teach another blind man how to draw a potret. So this is just one example.
Cutain raiser!!!!
They still follow their masters of illusion.
Well-percieved and planned strategy to commit themselves to their warlord!
My honorable friend DB Readers,
Cheap, selfish, injustice and dictatorial ‘lama’ way of political scary tactics can’t buy the current generations today.
If BN has failed to proof their 47 years of regimental ministration of injustice, inequality, inequitabilty, transparency, accountability and intolerance; BN will doomed to fail!
Don’t take advantage of the poor and backwardness of others just because you can; don’t take advantage of those who stand helpless in court. The LORD will argue their case for them and threaten the life anyone who threatens theirs.
Don’t promise to be a responsible person/group before and/or during election fiesta only if you can’t deliver your 47 years of testimonial satanic politico policy to discriminate, oppress, marginalize and ‘fixed’ the hopeless poor. The LORD will argue their case for them and threaten the life anyone who threatens theirs.
If you plant the seeds of injustice, disaster will spring up, and your oppression of others will end.
You can’t diffuse an angry mob if you who has started the fire. Never be an accomplish to a devil to move an old property line that your ancestors established.
THE RULE OF JUSTICE
If you promote the rule of injustice, you take away their liberty and rights, including your own and your next generation rights.
The rule of law is not enough if justice is not respected, prejudice, bias and double standard. When a party promote injustice onto their own hands they are master of injustice.
Justice is a concept which has been argued about by philosophers since the beginning of history. A Just nation or government would have a nice balance between the governing class, the management class, and the working class.
Each would be treated fairly for the betterment of the overall society not Just the ‘special few’ and/or ‘special people’ or ‘privilege people’. Similarly, a Just man would harmoniously balance the conflicting desires within himself/herself/themselves so that he/she/they is a fair, good, and happy man.
The concept of justice has always been intimately tied to the idea of fairness, and it has always been associated with the idea of rationality.
Everyone wants to live in a society which is fair. When a case goes before the Supreme Court/ Court of Appeal, the judges (or justices) are expected to rationally deliberate long and hard about the fairest course of action. It’s wrong for judges to be prejudiced.
They pronounce a guilty person innocent and/or denying the legal facts, they will be cursed and hated by the people, and the LORD will judge on them. Judges who punish the gulity, however, will be prosperous and enjoy good reputation.
The opposite of a Just society would be a tyrannical society; probably you have seen one? This would be a society that is ruled by the whims of a single man or a small group of elites who make decisions based on their own self-interest rather than the interest of the society as a whole.
Interestingly, the only way for a truly Just society to exist would be to have a “philosopher king”, a wise man who carefully made decisions based on the interests of the society at large. He didn’t think that a democracy by majority rule was very efficient at making the right decisions. Now, whom the public should turn to when there is an element of injustice in our society or government?
Justice and personal virtue (or morality) are two closely related, but distinct ideas. Justice could be thought of as the morality that we agree upon as a society and make into laws.
Of course, there are endless debates about what these laws should be, and they are constantly changing. One of the most famous moral philosophers, Immanuel Kant, sums it up by saying:
“The duty of virtue is essentially distinguished from the duty of justice in this respect; that it is morally possible to be externally compelled to the latter, whereas the former rests on free self-constraint only”.
Now DL & Group, come to the right path and join us the “Bansa Dayak Baru” here; teach your children on how they should live the right way and they will remember it all their life!
Cheers!
AGI IDUP – AGI NGELABAN….Hooo…Haaa…!!!!
Unggal gkm2020 & MERAMAT TAJAK,……so now are u not taken for a ride by PR? Or have you not swallowed PR’s bait?
Pakatan Rakyat will hold a referendum on its proposal to give oil-producing states — Sabah, Sarawak, Kelantan and Terengganu — 15 percent of oil royalties when it comes into federal power.
————————————————
First, PR promised to offer Sarawak/Sabah 20% oil royalties should they comes to power at Federal level.Now they are talking about holding referandum on 15% oil royalties (no more 20%).Worst what happen if the referandum is defeated? Go back to 5%? A point to ponder my friends!
Tuan arah,
I refer to your comment dated: arah on March 14th, 2010 11:26 am
Dear All,
My Personal Opinion,
Aku enda setuju enggau penemu kita ba peminta “20%” aja tuaka “15%”/ “5%” ari ka nadai ba royalti minyak?
Perintah Putrajaya doesn’t own Sarawak or Sabah in the first place; the Federation of Malaya had failed to recognize the 2x treaties (18/20-point agreement).
There is already a breach of contract between the Federation of Malaya and Sabah/Sarawak therefore has their full rights to declare the Malaysia Agreement NULL AND VOID due to the above historical facts. We can’t change the history but we can certainly make a new history!
Do you not know Sabah and Sarawak are in a unique and/or an advantage position to make the opposition coalition’s agenda for change and reform really work?
Not just that, it’d also benefits the State political government ruling parties but the peoples of these two (2) states in general.
Why begging and/or seeking for mercy from them? I personally believe, you may know the answer beyond this question.
They can reach across to moderate Malaysians on the Peninsula, to save the country from Umno which has become a lunatic fringe but what about Sarawak and Sabah????
The starting point is East Malaysia’s insistence on Federal Government compliance with several legal arrangements. This includes the 18/20 Points, state rights, autonomy and the 1963 Malaysia Agreement, among others.
Fast forward 47 years after the union, Singapore has, since 1965, seceded from Malaysia.
The relationship between Peninsula Malaysia, Sabah and Sarawak is no longer sacrosanct, a marriage rocked with lot of broken promises, and now these two (2) have been made as “Fixed Deposit” for their own interests.
The East Malaysian states have “descended” in ranks to become no more than a wronged spouse in an unfortunate union, with West Malaysia enjoying political supremacy and socio-economic advantage.
Example: Please kindly refer to the last Sarawak/Sabah – 18/20 point agreement;
Point 18/20: Land, Forests, Local Government, etc.
The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo/Sarawak.
Likewise, the National Council for Local Government should not apply in North Borneo/Sarawak.
It was often forgotten in the East-West polemics over Malaysia that the federal government is also not honouring the 1948 Federation of Malaya Agreement; these two (2) states must be given back their powers and rights under the three-tier system of government that is the very basis of the Federation. Check this out!
You all got to think beyond above reason; this issue is just like our current NCR Land issue and this is the time to involve all the Sarawakian/Sabahan!!
“Together Change WE Must, Sabah and Sarawak have 56 seats in Parliament” - use this to the fullest effect! When you succeed, we shall regain our pride as Bansa anak Sarawak/Sabah!
From here, we can forget our old politico grievances as after all we just human being. “Forgive everyone who does wrong against us”.
The Federal Government is actually at the mercy of these two states (Sarawak & Sabah).
Anang kita/kitai dialah kemeli sida tu. Undi aku tetap ngagai PR enda ngira sapa orang iya ka ngelaban BN.
Nya aja kaban…
AGI IDUP – AGI NGELABAN….Hooo….Haaa….!!!!