Friday, March 06, 2015

Anwar a MP? Why the continuing ambiguity?

Remember the case of the ... er ... man biting a policeman during a protest in 2007? Yes, man biting a policeman, wakakaka.

down Rin Tin Tin, someone's already on the job


Tian Chua a PKR politician and currently MP for Batu was charged with and found guilty of the bizarre offence, and fined RM3000 or 6 months jail, but on appeal in 2010 had the fine reduced to RM2000. He paid up.

But Article 48(1)(e) of the Federal Constitution states very clearly that poor Tian Chua would be disqualified from being a MP if he has been convicted of an offence by a court of law in the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon.

By the letter of the Constitution, he should have lost his seat. I recall reading the then comments of the late Karpal Singh who was very firm that in accordance with the law, Tian Chua was disqualified from being a MP.

In a TMI article titled 'Tian Chua's status remains a contention, with many preferring no by-election' on 22 June 2010, journalist Baradan Kuppusamy had written:

Once again DAP chairman Karpal Singh has chosen to be right rather than be popular by announcing that PKR’s Batu MP Chua Tian Chang should be disqualified and insisting that the Dewan Rakyat Speaker declare the seat vacant. [...]

Karpal took issue with the judgment not only because of the political statements the judge made but also the reasons he gave for reducing the sentence. Karpal said the reasons were irrelevant.

Ghazali [Cha, then the judge in Tian Chua's appeal] said that the reduction in the sentence was for the purpose of avoiding a by-election in the Batu constituency, that it was costly and unnecessary. Clearly a cursory understanding of the law tells us that the judge should not have made those remarks and that such considerations should not have been taken into account in a criminal appeal.

The issue was whether Chua bit the policeman or not and if so what is a fair and just punishment.

That’s why Karpal dares to say publicly that such considerations as cost and suitability of a by-election are “irrelevant” in the case and if Chua has been fined “not less than” RM2000 he stands disqualified according to Article 48 of the Constitution.

The judge’s intentions to save tax payers money is truly “irrelevant” as the sentence has disqualified Chua and his only recourse is to appeal to the Court of Appeal.

Karpal won't let the issue pass on principle.

Karpal had also exercised that same principle in the shameful 916 scandal. Baradan Kupppusamy had written:

The fact is Karpal is the only PR leader on record who opposed the September 16 ploy by calling it immoral and unethical. All other PR leaders either supported or remained silent and by their silence are complicit in the exercise to engineer defections to topple the BN government.

Wakakaka. Indeed, how much we miss the principled pronouncements of DAP's spiritual leader.

Back to Tian Chua's fine, there was in fact a legal precedent on this issue, when in 1975 Fan Yew Teng, DAP MP for Menglembu lost his seat after being being found guilty under the Sedition Act and fined RM2,000 or six months’ jail on Jan 13, 1975.

The amount of fine was exactly the same suffered by Tian Chua 25 years later. Despite subsequent appeals and legal challenges, Fan Yew Teng lost his seat. So why didn't Tian Chua lose his Batu seat?

I suspect BN didn't have the stomach for another monumental loss in yet another by-election. The Batu seat has been a Pakatan stronghold and naturally Tian's notional successor would have won easily by a landslide, but the humongous demoralizing effect on BN in such a by-election cannot be dismissed, and that on top of wasted resources in mounting a futile challenge to the Pakatan candidate in the tiger's lair.

But far far far worse, the expected humongous loss would have influenced the thinking of many fence sitters, wakakaka

Hence unlike the Fan Yew Teng's case, Tian Chua escaped being disqualified from being a MP, which might have possibly also disqualified him from standing in 2013.

Let's now look at the 5-years imprisonment of Anwar Ibrahim, a conviction which renders his disqualification as a MP for Permatang Pauh.

He did not apply for a royal pardon; his family did; and we have been informed that a petition for a royal pardon must be filed by the convicted person him/herself, and not by concerned family members. Hence, to all intents and purposes, he has not filed a petition for a royal pardon.

So why is there this lingering ambiguity about his parliamentary status when he has been, by fact of law, disqualified from being a MP?

But okay, let's give him the benefit of the doubt and say he has filed for a royal pardon.

Article 48(4)(c) of the Federal Constitution states the disqualification shall take effect immediately upon the petition (for royal pardon) being disposed of.

So knowing the remarkable BN, one wonders why hasn't the petition been disposed of (on advice from the Pardon Board of course)?

Why are they allowing Anwar Ibrahim an ambiguously continuing status as a MP, one which doesn't allow him to participate in parliamentary proceedings, but which may endure for years because a petition for a royal pardon may possibly take considerable time to be processed?

Would it be the same fear that BN was scared of in Batu in 2010, namely, the humongous demoralizing effect on BN following a Permatang Pauh by-election loss (which will indirectly further enhance the mythical iconic position of Anwar Ibrahim), apart from wasting resources in mounting a futile challenge to the Pakatan candidate in such a current acrimonious atmosphere, one which is immensely adverse to BN's prospects in Permatang Pauh?

And convincing the as yet unconvinced Heartland voters to go all out for Pakatan?

Is the BN then planning to drag the entire twilight zone of Anwar Ibrahim's status until GE-14, which by then will automatically extinguish his MP-ship, or awaiting a more early GE where one may well be theoretically within a month's time, though I don't think this is a viable option as the BN will be massacred kau kau.

Or, is there something afoot that we are not aware of, yes, something like UMNO on the cusp of a new coalition, in sealing a merger or alliance with one or even two new partners, where thereafter, the Permatang Pauh constituency can be kow-tim-rized (taken care of) by a non-UMNO but Malay candidate? Wakakaka.

Sh*t man, I just love conspiracy theories, wakakaka.

So my other theory is, I know this one is rather ridiculous but hey man who says I can't speculate ridiculously wakakaka, is Ah Jib Gor hanging on to Anwar as a potential 'friend' to neutralize another 'force' who hates Anwar and whom Anwar hates? wakakaka.


  1. I agree that Tian Chua should have been duly disqualified as an MP.
    Ghazali Cha's 2010 ruling was yet another example of how low the Malaysian judiciary has fallen. Some (not all) judges "tune" their verdict as well as sentencing to match the Ruling Party's expectations.

    I have stated before and will repeat here that the Federal Court damaged itself in ruling the way it did for the Anwar Ibrahim trial.

    It is normal procedure for the prisoner to submit a petition clemency to the Pardons Board to be heard. However , I am not aware of any law in Malaysia that says any petition from family members or other parties of standing cannot be considered.
    However, the AG or someone appointed by him has a key role in the Pardons board. I think it would snowy day in Malaysia if Anwar gets a pardon.

    Anwar's fate ultimately lies in the Court of Public Opinion. There , UMNO is in deep trouble, and it knows it. The Khairy / Shafee road show backfired in more ways than they cared to have it. The myth of Anwar grows, not shrivels, with him in prison.

    The Apartheid South African regime toward the end found it was expedient to let some of its prisoners go, even though they were by law still required to serve their long prison terms.
    I suspect UMNO/BN will at some point get to that conclusion, after a "face saving" length of imprisonment has been meted out.

  2. Let play conspiracy.

    1st - AhjibGor is thick in the mess of 1MDB & needs a anger rousing diversion from it. AI's case is a good play, like it or not for the time being.

    2nd - AI's case cant stand in the eyes of fair justice, like it or not. & PR has played to the tip of the gantry to continue the public arousing. A hard play with the word of the law (when the laws were bended in the 1st place) provide ample ammunition to PR that will tip the bubbling cauldron that AhjibGor is ill-afford at this moment. So just keep it simmering will do for the time being.

    So, all in all, AhjibGor needs the AI issue to be alive while he find an alternative to save his skin from the 1MDB bushfire!

    1. What if Anwar kenna shot to death just like in pinoy land, would kaytee be happy like that fucking hyena? While........

    2. why shoot Anwar when we can shoot looes and save the Fijians from his church's naughty actions there. I'd love to shoot looes, first at his kneecaps, then at his gonads, wakakaka

    3. Hehehehe.......You have to come back to shoot me.......Most likely, you would be apprehended because you violated first tenet of rukun negara.

      Talk so much also useless one. You can always come by singapore but since you are related to Lim Yew Hock, hahahahaha

  3. I don't know Altantuya
    I don't know Saiful
    I don't know anything about Sirul
    I don't know anything about 1MDB

    I don't know shit.....I don't know who is the real PM ?

    ....inspired by Zunar...

  4. Since the judge specifically stated the purpose of avoiding by-election, and if the authorities went ahead to have one anyway, would it be contempt of court? It is still part of the judgement, despite it being "irrelevant".

  5. The judge has Zero standing to involve himself in the issue of by-election.
    Bullshit justice....but there is a lot of that in Malaysia...

  6. Ah Jib Kor is left with no other choice but to team up with PAS ulama faction or PKR. If that fails, there always horror of horrors to Mamakutty a teaming up with DAP by kicking out the lameduck MCA.

    There are never permanent enemies nor friends in politics.

    All because Mamakutty wants to continue his dynasty by kicking out Najib dynasty in the making by Mama.

    The rest of Malaysians whether Malays, bumi or non-bumi, Moslems or not are just alway like lemmings following blindly where the food and cliff is. Always entralled by the Pied Piper's music coming out once a while.

    When will Malaysians ever get smart?

    1. But then who really is the Pied Piper? And you seriously think that Raja Petra Kamaruddin is no Pied Piper

    2. RPK a Pied Piper....? how so ? Just have a look at his latest effort...the one about the Malays being ashamed for being Malays...pure bull shit, with fake facts, spurious reasoning and false logic....all the while barely concealing his contempt and anger at the Chinese.....again and again, this hate theme surface inevitably in most of his writings lately, proven amply when he couldn't resist biting sarcasm and personal attacks in his response in the comments section, his true colour flaring up for all to witness, bridling up at the slightest comment that appears to give support to the minority communities, especially to the Chinese.

      He took great issue with what he claimed as Chinese 'looking down' on the Malays as backward and lacking intelligence. Very strange indeed....when he did not raise even a whimper when his mentor Dr M in writings as well as in speeches have railed against the Malays as having 'degenerative genes' ( kurang cerdik , the result of incest among themselves, according to the great man, hihihi ) and how the Malays are lazy, greedy, ungrateful, not honest and lack discipline and integrity too ( refuse to pay back their debts even when able to ), needed to be spoon fed and cannot be weaned off handouts......why RPK dared not attack Dr M for this insult and slur against the Malays ?

      The more he writes and shows his warped hatred towards the Chinese, the more he will be ridiculed. And notice how he tried to divert this by claiming that since he married a Chinese ( or a so-called Chinese ), it is impossible that he would hate the Chinese ! This is his so-called logic ! Pordah lah him...he's just a wash up pathetic rouser trying to lead but his followers now are just a bunch of Umno/Pas bigoted and racist ketuanan type with some sprinkling of MCA cari makan thrown in.

    3. Anon 3.46. His wife has to put up with a Chinese hater 24/7 !

    4. RPK does not hate Chinese.
      He's writing per his bosses instructions to carry out shit-stirring.
      RPK 2015 is not RPK 2008.

  7. i think is common to meet many blogger with double std, or blogger that support a govt that perform selective persecution, or blogger that reach orgasm by reading raggie jessy article on anwar but not kg buah pala n stfu lks from the same writer. moreover most of this blogger reside in the whiteman land to enjoy the fruits of plunder of their master via invasion n colonization of the poor n native, but still write as if they r the most principled. ini sikap kuda tinggi dun know make us laugh or cry.

  8. a 3rd party appeal? it could be offensive or distasteful or both? it looks like pr/pkr would have an mp who could not attend parliament until ge14. a misfired appeal that could probably backfired.

    1. Why would a heartfelt appeal from the family be distasteful or offensive ?

      Just park aside your implacable dislike for Anwar and be a decent human being for just one moment. Or maybe that is impossible. .....

    2. if ur dad had raped or fucked somebody's anus more than once would you forgive him?

    3. Rista, There are few decent human beings left on this blog, just feral Anjing, looking like the 1st photo above.
      That one is a recent Selfie of the Blog owner.

    4. It takes a far more feral anjing to call someone one, wakakaka

    5. Monsterball 5.24. Remember why AI got a black eye? . -huaren

    6. Sure, Malaysia's Inspector General of Police claimed he was transformed into a feral beast after Anwar called him an Anjing.
      Some even went as far as claiming it as a justifiable assault because of Anwar's provocation.
      Imagine, it took a Royal Commission to unearth the truth of what happened. It is a testament to the abysmal standards of the Royal Malaysian Police that such a dishonest and dishonorable officer got promoted to the topmost position. An honorable officer would have admitted immediately after the incident and accepted responsibility for it.
      The IGP got sentenced to a measly 2 months jail - actually he was released after 5 weeks. Even nonviolent shoplifters have been given more severe punishment than that.

    7. Monsterball

      And you never deserve to suffer the same fate as AI
      for calling someone feral anj... !


  9. Najib is DSAI last hope to cut a deal. Now with the barbarians at the gate, TSM will call the shots of who will be next in line for DPM. His choice will also be the deciding factor of whether the Chinese to BN. Mukhriz, Kuli or Azmin Ali. Wakakakaka.

    So if TSM can pull it off, energize the BN partners & base plus have a say in MIC, it looks like DAP & PAS will be left out in the cold.

    So the status of DSAI is only for textbook discussion.

  10. Anon made a comment on MH370 which I deleted as being too distasteful

  11. Would you write something on MH370?

    1. ok I'll allow just this question on MH370 in this post but I won't permit anymore query or comment on MH370 here as it will then be out of thread, When I eventually post something about MH370 (which may be soon, wakakaka) then you're welcome to comment