Wednesday, March 04, 2009

Half past six-es in Perak

Malaysiakini - Karpal: High Court decision null and void.

Someone has brought the judiciary to disrepute, and the saddest part is that someone is the Ipoh judiciary.

The Ipoh High Court is now under accusation of contempt of the State Assembly, in its pathetic and unforgiveable attempt to bar the State Assembly Speaker V Sivakumar from convening assembly meetings, having the temerity to suggest such Assembly meetings called by the Speaker are unlawful.

In reality the judiciary has no authority to interfere with the Legislative.

Like the Malaysian police force, judicial commissioner Ridwan Ibrahim didn’t seem to understand the democratic concept of ‘separation of powers’. He dared to interfere with the proceedings of the State Assembly, something completely outside his jurisdiction.

Karpal Singh has told the Speaker, Sivakumar, to ignore the Ipoh High Court as its ruling has been unlawful and void.

The Lion of Gelugor roared: "Why challenge something which is in fact non-existent? Ignore the High Court order as I think the assembly has the power to ignore the order. It is null and void and it is not required to be followed."

Unbelievable and impossible as it may seem, the judicial commissioner has brought even greater shame and disrepute to the Malaysian judiciary. For a lawyer to propose ignoring a High Court order means that High Court ruling is half past six!

Unrelenting like a bulldog, Karpal urged Sivakumar to turn the tables on the judicial commissioner for making an unconstitutional decision for which he ‘could be brought before the Perak state assembly’.

And let’s not forget the Ipoh Police Chief for unlawfully barring the State Assembly from its legislative proceedings. I believe the penalty is several years imprisonment.

But even worse than the judicial commissioner’s unconstitutional interference with the State Assembly, he has either stupidly or maliciously attempted to foist upon Sivakumar the services of the State Legal Advisor who is already representing Sivakumar’s opponent in the courts, Zambry the Pretender to the MB position.

Any layperson would see that as an unmitigated ‘conflict of interest’, not unlike buying a house by using the housing developer’s lawyer to oversight the purchase contract.

His reasoning that Sivakumar, whom he wrongfully presumed to be a 'public official', is obliged to accept the services of the State Legal Advisor is untenable, as he fails to understand, apart from the unforgiveable ‘conflict of interest’, that a Speaker of the House is NOT a public official.

Article 132(3)(b) of the Federal Constitution categorically states that ‘the public service shall NOT be taken to comprise’ the Speakers of Parliament and the Legislative Assemblies of the State.

What a sad, sorry and half past six bloke!

Each day we are losing respect for yet another once-hallowed and respected Malayisan institution - today the dubious credit for that erosion of respect must go to judicial commissioner Ridwan Ibrahim.


  1. Either way, Karpal is right!

    It now transpires the Judicial Commissioner's term of contract expired last Saturday.

    Therefore, his decision is truly null and void i.e. the JC had no locus standi to hear any case let alone the locus standi of the Perak Speaker's lawyers.

    Such is the pathetic state of the Civil Service and UMNO/BN machinery in Perak!!

  2. i agree with your writings. but to have assembly under the tree is not only to disrespect the dun but also bring shame to perak and malaysia. why create the fuss, why not barge into the dum when they were stopped by the police. this siva and his p-r gang also don't know how to interpret law.

  3. Since people do not want to respect Court ruling anymore, the best next thing to do is settle dispute in duel. Either by sword or Wild Wild West gunfight.

    Chaptokam, Idzan Ismail,

    Better start to learn sword fighting martial art now or practice drawing gun quickly, some day you might it............Wakakakakakaka

  4. haiya...manyak suwei lu ni...

    kalu itu speaker storm Dun sudah tentu kena tangkap wooo...itu nanti gerombolan UMNO kata PR ganas...taktik lama

    semua olang sulah tahu...siapa penyangkak dan penipu sekarang wooo..

    keh keh keh keh keh...


  5. wow...political yoga: stretching the legal body into impossible positions!

    got fatwa against this coming out or not?

  6. HL,

    thanks for calling a spade a spade.

    i know you have been ranting and raving and pointing fingers at those who disagree with you as idiots or morons on the Perak controversy. sure, you are passionate and sincere in your beliefs that HRH has been wrongly maligned.
    I am no legal eagle but there are great articles written by experts in their fields that HRH may have overstepped his boundaries. An excellent article is by NH Chan, a retired senior judge.

    Having said that, my greatest concern is not whether his HRH has made a mistake (afterall we are all humans and therefore how can we profess ourselves to be perfect and I therefore still accord him the due respect as the Sultan). The Perak "fiasco" only illuminates the perils this country are facing. As a democratic country, separation of powers is of utmost importance. But what we see now is that the police, ag office, civil servants and the judiciary, instead of governance without fear and favour, are taking sides for UMNO and displaying a total disregard for the constitution of this country. If we allow that to continue to fester, I fear for the future of this country. Once the pillars of democracy are destroyed beyond saving, we have one way to go but down. Therefore,let no politician, be it PR or BN, be allowed to trample on the Constitution, which is the bedrock of the countru's future prospect. Anything else is secondary.

  7. Sword fight? Lol, that pathetic word show a typical spin doctor tactics, that play the shameful tactics to spin wrongs to right.

    First, we see silter state royal taint their image by choosing side, worst, put the state constitution on their foot step. An action that only slave will applaud.

    Next, we see police become government machinery that stepping on the state constitution.

    Then the silver state court taking the part stepping on the constitution.

    And all this open a very dangerous precendent. Because it means the royal can play DE DOUP and deplace Bolehland goverment if they can gather enough arm forces.

    And to the police, the army, they can do the same, to override the constitution.

    Worst, that also mean to impeach the Prime minister,etc, you don't go through Parliament, but COURT.

    Perhaps the old proverb say it all : stop digging the hole when you are inside it!

  8. Shouldnt we go to the root cause everyone, lest we forget about it?

    The change in govt of Perak is constitutional. 3 PR Aduns do not have the confidence of the ex-MB Nizar. HRH made sure they said that openly to him in their meeting at the Istana. HRH made them sign letter to that effect just to be sure!

    So it is constitutional. The second isue is whether it is morally correct to take over the govt thru defections. The answer is NO.

    SO, it passed the constitutional test but not moral test.

    Thus, it is better for PR to fight this on the basis of moral high ground. But isnt Anwar attempted to do the same? Hisssh....

  9. The judicial commissioner clearly does not know the law. What irony! When the law is not understood by someone who is supposed to uphold it, and is thus practically ignored by him, consequently giving judgments that are in fact "illegal", chaos beckons. This is the sad predicament that Perak is now in.

  10. Sad to see this great nation Malaysia administered by the British Tuans, then handed over to the Malaysian TUANS under Bapa Malaysia Tunku Abdul Rahman Putra & his Malaysian cabinet of TRUE TUANS managing the system of Wesminster style Democracy & with the Rule of Law in 1957, getting "Hijacked & Betrayed" by the "Elite UMNO Ketetuanan BEGGARS" in 1969....some of those are still "Alive, Kicking & Mentoring ALL the New Ketetuanan Beggar Wannabes."

    To be a Public figure, one must be established, sincere, honest, credible, transparent & above board - should be opened to scrutinization like in the US.

    Many of our Leaders today have "skeletons" of their past in their closets (some have their family's baggages as well!), so how can they be "Honourable" to carry out their duties diligently without "Fear or favour", even after taking an "Oath" to the King/Sultan/the nation & rayaat."

    With their "Gutter Politics & Law of the Jungle" ala "Kindergarten style"....

    Ultimately they will "Buckle" under pressure.

    Desperate People, at Desperate Times, will RESORT to Desperate Henious Actions even if it means “Outdoing & Destroying” their “Honourable Family Legacy”, their own “MALAY MUSLIM HADHARI” party “UMNO” beyond “Redemption”, their component BN party, their Own Kind, this country & its Many People!

    How "Desperate" & "Pathetic" can our PM wannabe get to be, to CONTINUE pursueing this "FUTILE" Perak "Hung Exco" issue when the logical would be to "dissolve" the assembly.

    We are witnessing the Desperate PM wannabe "Gutter Politics & Law of the Jungle" vs the Perak ex MB YB Dato' Seri Mohd Nizar Jamaluddin's & Dewan speaker YB Sivakumar's courage, integrity and mental clarity in the face of grave adversity.

    Remember “What goes round, will come round to these Desperate UMNO Ketetuanan Beggars” SOON.

    All our prayers to God Almighty seeking “Truth, Justice, Freedom & Equality” will be answered.

    Every new day will be another “New Revelation” to reveal the “Truth” in its Self Destruct motion towards its “Demise”.

    Just give them enough rope to “Hang” themselves at every turn in their “Final” chapter.

    May God Almighty bless & protect this nation & its rayaat.

  11. Parliament & The State Legislatures are not subordinate to the Courts. They are a separate and equal institution of government. The High Court may interpret on matters of the Constitution but NOT interfere with the proceedings of the House.

    In Malaysian history, guess who was the loudest and most insistent that the Legislature is Not Subordinate to the Courts - hehehe...Dr. Mahathir.

    For BN to use the courts to interfere in the Legislature is a double-edged sword, and may well come back to haunt BN later. In fact, it probably will...don't forget its not in BN's interest to encourage people to use the courts interfere with the proceedings in the Dewan doubt Anwar Ibrahim is watching this closely, for future reference...kakakaka

  12. Hi Xie Ann

    Aisehman bro, gun-fighting, martial art or swod-fighting, I don't play that.
    So old school.
    Mahaguru Omar Din's son did not use the silat to fight Karpal Singh during the fracas ar Parliament House.
    To use keris will draw a lot of flak from the non-Malays.
    Better to use the tongue-wagging to fight.
    But loose lips sink ships.
    So the pen (computer keys) is always mightier than the sword.

  13. The Judiciary, Civil Service, Police are now mere subsidiary companies of UMNO.

    They just take orders from UMNO, and like all good Hulubalang, they just angguk-angguk. Yes, SIR, consider it done, SIR UMNO.

    Merdeka ? There is no more Merdeka. We are now a colony of the new Penjajah - UMNO.

  14. Maybe you would like to blame Anwar too for the shitty courts of Malaysia. Malaysian courts were already shitty before Anwar came into the scene and it is still shitty today and it will be shitty tomorrow. One more question. When was the last time the BN followed 'rule of law' when it comes to UMNO's interest. See Kt, you give Anwar too much credit. The man is not as smart or dangerous as you think. The real danger in Malaysia comes from UMNO.

  15. Just to express my agreement with Vinnan: "See Kt, you give Anwar too much credit. The man is not as smart or dangerous as you think. The real danger in Malaysia comes from UMNO."

    Just a qualification about Anwar's smartness. I think that guy is possibly among the most streetsmart politicians in Malaysia today. That is why UMNO is at a complete lost and wants to jail him. But I do agree with what Vinnan says about KT's interpretation, which virtually gives Anwar super-human qualities of smartness than he does not possess. I agree too that spending too much time on Anwar's foibles will detract attention from the increasingly dangerous threat to this beloved country posed by UMNO.

  16. Mr Elifan

    What is your smart man Anwar doing to help Nizar?
    Sitting quietly to save his skin.
    Oh yeah. Busy preparing for his case.
    One thing about Umno is they will never let their man fight alone.
    I really pity this Nizar boy.

  17. Tend to agree with Idzan

    Anwar could be possibly using the Perak cock fighting issue as a red herring , drawing attention away or distracting others away from his Sodomee case , don't you think this is a possibility ? As to now he has been keeping extremely quite and low profile while the hoo hahs are all over the place .

    Lets built a world standard cock fighting ring in Perak . wakakakaka

  18. Zulkifli’s case settled

    PETALING JAYA: The disciplinary issue of Kulim Bandar Baru MP Zulkifli Noordin’s participation in a Bar Council forum protest last year has been settled, said PKR deputy president Dr Syed Husin Ali.

    “The matter was settled internally some time last year,” he said when contacted yesterday. On Wednesday, MCA special task bureau chief Simon Lim questioned what action was taken against Zulkifli for his role in the protest, and called on PKR to reveal its stand on the matter.

    On Sept 7 last year, PKR issued Zulkifli a show-cause letter for his role in a demonstration against the Bar Council’s forum titled “Converting to Islam: Article 121(1A)” on Aug 9.

    Dr Syed Husin, however, declined to elaborate on how the issue was settled. The disciplinary committee chairman said the matter should be put to rest as it had been resolved.

    In his blog on Sept 7, Zulkifli had said the letter questioned why disciplinary action should not be taken against him for leading the Himpunan Aman Umat Islam (Muslim Peace Assembly) to protest against the forum.

    In previous reports, Zulkifli had also stated that he did not represent PKR at the protest, but had been there as a Islamic Defence Lawyers Association representative.

    The rowdy protest forced the half-day forum to be cut short after an hour following police advice.

    The demonstration, which saw some protesters barging into the forum, was condemned by several organisations and political leaders including those from DAP and PKR.

    Settled ? wah so easy , no problem lah ! so Cina Balek China lah !

    Follow your Boss say lah !!! Cina Balek Tiong San lah !

  19. “The matter was settled internally some time last year,

    Settled internally ? No action taken ?

    declined to elaborate on how the issue was settled ? Declined ? or No action taken ? or as the Police used to chop on summons NFA - No Further Action

    matter should be put to rest as it had been resolved. - so simple asked the Chinese to balek China and matter had been resolved -
    Dr Syed Husin,
    Did you buy him a cake iced with the wordings and celebrate together ? Yam Cha !with teh tongkat ali ?

  20. The problem begins when Sivakumar takes sides. He seems to cohort with Pakatan when he declares the 3 state seats to be vacant. He bloody knows that all the other PR ADUNS had also signed such letter of resignations. Sivakumar as a speaker must be appeared to be neutral. So Sivakumar is guilty for misuse of power.