Posts Tagged ‘Law

06
Jun
17

A ‘public’ prosecutor wouldn’t be paid with ‘private’ money

A ‘public’ prosecutor wouldn’t be paid with ‘private’ money

YOURSAY | ‘ If the allegations aren’t true, then why are they so silent? Why aren’t they issuing denials or suing Sarawak Report?’

Nazri: No impact on Anwar’s trial even if PM paid Shafee

The Observer: Is this an admission that the allegations (lawyer Shafee Abdullah was paid millions of ringgit by Prime Minister Najib Razak) are true?

In other countries, this would have been a scandal of the highest order causing the president or PM to step down. What about here?

Ryan: While Najib may apparently not be a ‘public officer’, he could transfer public funds to his private accounts and use the funds in his private accounts to pay a private lawyer to act as a public servant to sue a private citizen.

Welcome to Bolehland.

The Fog of Life: This is yet another example that confirms that good values among our leadership are non-existent.

The issue is that minister Mohamed Nazri Abdul Aziz and the rest in Umno can’t even see (read: “Don’t want to see”) the potential legal and ethical issues with the report and the need to address this grave concern.

There is no point asking for transparency and honesty, the agenda is simply the very opposite.

Bluemountains: It is very shameful if a lawyer pretends not to know the implications. The money trail can show the ultimate beneficiaries if the authorities are truly independent and willing to get to the bottom of it.

Tholu: If for just being a hired prosecutor, one gets paid RM9.5 million, I will sell all my properties including my house and car, and take up law in the hope that one day I too will be hired as a government prosecutor and earn an amount that no present day defence lawyers can earn in their lifetime.

Mushiro: Mohamed Nazri himself suggested that the only thing that can change the outcome is if the judge was paid off. Is Mohamed Nazri implying that judges do not take money in Malaysia?

Oscar Kilo: You told us that he was hired by the government to be the public prosecutor, but if Najib personally paid the lawyer, then he is no longer a public prosecutor but instead a personal prosecutor.

Now that’s a conflict of interest.

Mikey!: A public prosecutor isn’t supposed to be a gun for hire. This is the point. Mohamed Nazri, a trained lawyer should know.

If a public prosecutor can be hired to put the screws on someone then no one will be safe. I’m sure there is a law on this.

Krissman: Nazri, even brownnosing has limits. Think just for a second like an ordinary citizen and put yourself in jailed opposition leader Anwar Ibrahim’s shoes. Tell me you still feel the same way as you do now.

I don’t believe you would.

Debater: Nazri has missed the point. The point is not the effect of the payment on the outcome. The point is that it is wrong to pay the lawyer to act as a public prosecutor from a PM’s private account, with allegedly dirty money.

Worse, it was supposed to be the public prosecutor’s case. In other words, the PM had made it his own personal case if he had indeed paid Shafee.

XED: Let us get this straight. Parliament was informed that Muhammad Shafee was paid only RM1,000 for his services, and now there is a RM9.5 million trail from Najib to Muhammad Shafee two weeks before the Court of Appeal hearing of the prosecution’s appeal against Anwar’s acquittal.

If the roles were reversed and BN were in the opposition and it was its leader instead who had suffered Anwar’s fate, then BN would have accused the other side of corruption and abuse of power.

Anonymous #28648954: Dear Nazri, if the allegations aren’t true, then why are Najib and Shafee so silent? Why aren’t they issuing denials?

And why aren’t they suing Sarawak Report for the expose? It would be a sure win for them in court, wouldn’t it?

…more
A ‘public’ prosecutor wouldn’t be paid with ‘private’ money
5 June 2017 – malaysiakini

20
May
17

PKR: Najib wrong in not condemning assault on David Teo

PKR: Najib wrong in not condemning assault on David Teo

Padang Serai MP N Surendran urges IGP to open investigation into criminal act which occurred at a forum in the presence of prime minister.
PETALING JAYA: A PKR lawmaker criticised Prime Minister Najib Razak’s lack of condemnation for an assault which occurred in front of him and also disrupted the TN50 dialogue in Seri Perdana yesterday.

Referring to the physical attack by actor-comedian Sulaiman Yassin against TV and film director David Teo, Padang Serai MP N Surendran said it was shocking that Najib did not make any immediate statement at the forum to express his disapproval on the matter.

“It is shocking and unacceptable that the Prime Minister of Malaysia, having witnessed at close quarters this act of criminal violence, said nothing to condemn or disapprove of the assault to the audience present.

“At the time of the assault, Teo was holding a microphone and merely trying to ask a question to the PM from the floor,” Surendran said.

What shocked the PKR vice-president further was the nonchalance with which Najib wanted the event to proceed just after the incident.

“Najib can be heard saying in the aftermath of this violent assault, ‘shift it to somebody else’,” Surendran said.

He also took the prime minister to task for asking Teo and his attacker to shake hands to resolve the matter.

“When a criminal act has taken place, neither the PM nor anyone else has any business trying to settle the matter between them.

“The police must investigate and the law must take its course. Failure to take action or trying to ‘settle’ between the parties is tantamount to condoning criminal violence and public hooliganism,” Surendran said.

He also reminded that any form of assault or mob justice is illegal in Malaysia, and that it did not matter if someone was rude, as there was no justification for a physical assault.

“The attacker has, in full view of TV cameras, committed criminal offences for which he can be charged under Sections 351 and 321 of the Penal Code. These offences are respectively, assault and voluntarily causing hurt.”

…more
PKR: Najib wrong in not condemning assault on David Teo
May 18, 2017 – FMT

28
Feb
17

Former HK chief executive jailed 20 months for misconduct in public office

Former Hong Kong leader jailed 20 months for misconduct in public office

HONG KONG, Feb 22 — Former Hong Kong chief executive Donald Tsang, the highest-ranking ex-official to be charged in the city’s history, was jailed for 20 months today for misconduct in public office.

The sentence brings to an ignominious end what had been a long and stellar career for Tsang in the Asian financial hub before and after the 1997 handover to Chinese rule, and reaffirmed what some observers said was Hong Kong’s strong rule of law in bringing even the most powerful to justice.

Tsang, famous for his bow ties, was escorted in handcuffs to the court from hospital where he’d been staying since Monday night after experiencing breathing difficulties and chest pains.

Scores of establishment Hong Kong figures including top former officials had wrote letters vouching for Tsang’s good character and longstanding public service over four decades in a bid for mitigation ahead of sentencing.

The nine-person jury had earlier found Tsang guilty of a charge of misconduct in public office.

He had deliberately concealed private rental negotiations with property tycoon Bill Wong Cho-bau while his cabinet discussed and approved a digital broadcasting licence for a now defunct radio company, Wave Media, in which Wong was a major shareholder.

…more
Former Hong Kong leader jailed 20 months for misconduct in public office
February 22, 2017 – MMO

04
Jul
16

Thousands marched in solidarity with Guan Eng

Solidarity with LGE

Sea of colour floods Penang streets for Guan Eng

Dewan Sri Penang was filled to the brim with people wearing colourful red, blue, green and yellow T-shirts in solidarity with Penang Chief Minister Lim Guan Eng today.

The crowd cheered loudly when Lim walked in about 10.30am with a host of Pakatan Harapan leaders including PKR president Wan Azizah Wan Ismail and Parti Amanah Negara president Mohamad Sabu.

Earlier, at least 3,000 marched to the Esplanade in support of Lim, who was on Thursday slapped with two corruption charges related to the purchase of his RM2.8 million bungalow in Jalan Pinhorn, Penang.

The crowd gathered at 7am and walked for 2km with Lim and a host of Harapan leaders including Gelang Patah MP Lim Kit Siang, Lim’s father.

They chanted solidarity slogans “Hidup (Long live) Guan Eng” and “Bebas (free) Guan Eng”.

Despite his predicament, Lim managed a few jokes during his speech.

He said BN opponents had been going on and on about Taman Manggis (mangosteen) until he started to “crave to eat the fruit”.

“Alas, I was not charged with any case linked to Taman Manggis. The BN is lying again”, said the DAP secretary general.

BN had earlier attempted to link the purchase of his bungalow to the sale of state government land in Taman Manggis.

However, Lim was charged instead for chairing the special planning committee meeting which approved the conversion of land from agriculture to residential for company Magnificient Emblem.

Lim’s previous bungalow owner Phang Li Koon has 30 percent shares in the company. She was also arrested by the Malaysian Anti-Corruption Commission (MACC) and faces a charge of abetting Lim in allegedly enriching himself.

‘Should have taken billions’

Lim said Penangites would be angry if they are ever told to purchase an item without a discount.

“They might even topple the state government for this,” he quipped.

“And yet here I am, charged for buying the bungalow at a discount.

“I should have taken billions, as those who have billions in their bank accounts have no case against them

“If I wanted to take a bribe, I would have done that a long time ago, why wait to go to jail twice?”

Lim said he was being incarcerated because BN desperately wanted to recapture the state government.

“Can they do it? Can they do it?”

The audience shouted in response, “No.”

…more
Sea of colour floods Penang streets for Guan Eng
3 July 2016 – malaysiakini

13
Jun
16

NSC Act a leap to dictatorship

NSC Act a leap to dictatorship, groups say

KUALA LUMPUR, June 9 — Human rights groups criticised today the gazetting of the National Security Council (NSC) Act 2016 that they said would lead to a “dictatorship” and a “military police state”.

The #TakNakDiktator coalition, which represents nine groups, also questioned why the government ignored the concerns raised by the Conference of Rulers, especially since the law directly impinged on the Yang di-Pertuan Agong’s powers, by gazetting the NSC Act as law on Tuesday without express royal assent.

“The NSC law represents a leap towards a dictatorship and a military police state with little or no safeguards,” said #TakNakDiktator coalition spokesman Datuk Ambiga Sreenevasan in a statement.

“The NSC law represents an extremely dangerous step for Malaysia as it concentrates extraordinary powers in the PM and the NSC. No person or entity should have such absolute and unfettered powers. Concentration of power leads to abuse, particularly in times of political crisis,” she added.

The NSC Act 2016, which grants the government emergency powers, was gazetted under Article 66(4A) of the Federal Constitution which states that a Bill will automatically become law and will be considered to have received assent from the Yang di-Pertuan Agong, even if he does not expressly give his approval within 30 days after it has been presented to him.

Ambiga said the NSC Act was “clearly unconstitutional” and a “grave abuse of power”.

“Malaysia does not need such a law which goes against all principles of democracy and undermines the rule of law in the country.

“In this exercise, this government has behaved as if they are accountable to no-one, neither the Rulers nor the people. The fact that there were no amendments to the Bill is proof of this. If this is not a dictatorship, then what is?” said the former Malaysian Bar president.

The #TakNakDiktator coalition comprises Amnesty International Malaysia, Bersih, the Centre to Combat Corruption and Cronyism (C4), the National Human Rights Society (Hakam), Pertubuhan Ikram Malaysia (Ikram), Institut Rakyat, Lawyers for Liberty, Persatuan Promosi Hak Asasi Malaysia (Proham) and Suara Rakyat Malaysia (Suaram).

The NSC Act proposes to allow the National Security Council — which would be chaired by the prime minister — to take command of the country’s security forces and impose strict policing of areas deemed to face security risks.

According to the Act, the jurisdiction of the NSC takes effect once the prime minister designates a location as a “security area” — a status that is valid for six months at a time, subject to renewal by the prime minister.

Once the NSC takes control of a security area, security forces will have the right to search or arrest without warrant any individual “found committing, alleged to have committed, or reasonably suspected of having committed any offence under written laws in the security area”.

Malaysia’s three law associations — the Malaysian Bar, the Advocates’ Association of Sarawak and the Sabah Law Association — said last January that for the government to hold emergency powers without the need to declare emergency under Article 150 of the Federal Constitution, it would have usurped the authority assigned to the Yang di-Pertuan Agong.

…more
NSC Act a leap to dictatorship, groups say
June 9, 2016 – MMO

28
Mar
16

LFL: The IGP should do the honourable thing and resign after Aminulrasyid’s verdict

The IGP should do the honourable thing and resign after Aminulrasyid’s verdict

Lawyers for Liberty welcomes the High Court verdict yesterday in the civil suit by the family members of Aminulrasyid Amzah, who was shot dead by the police on 26 April 2010, when he was just 14 years old. The court allowed claims of pain and suffering, aggravated and exemplary damages for the wrongful shooting and killing of the deceased by Corporal Jenain Subi. The court further allowed a claim for the tort of public misfeasance against the current IGP Khalid Abu Bakar, who was then the Selangor Police Chief for giving false/ reckless information on the incident to the media.

The High Court’s finding against Khalid Abu Bakar is extremely troubling as this is the second time he had been found liable for the tort of public misfeasance, the other case being the death in custody of A.Kugan in 2009, where he had made similar false/ reckless remarks to the press in order to cover up the wrongful conduct of police personnel.

Khalid Abu Bakar had in a press conference on the next day after the fatal shooting of Aminulrasyid, attempted to justify the incident when he informed the media that the deceased had reversed his car into several policemen thus leaving them no choice but to open fire. He further said the police found a parang in the car of the deceased, leading the police to believe that the occupants were armed robbers. These remarks were widely published in the press and were not disputed in court. The court, after weighing all the evidence, found these allegations by Khalid Abu Bakar to be unfounded and he never testified despite being called to do so.

The court found Corporal Jenain Subi had acted in disregard of police procedures, the Inspector General Standing Orders (IGSO) when he discharged his sub-machine gun recklessly in a volley of 21 shots in succession at the deceased’s car when it was clear that the car did not pose any threat to the public or the police officers in their patrol cars at the time.

It is therefore clear that the information given by Khalid Abu Bakar to the press was without basis, a blatant attempt to cover up or justify the wrongful fatal shooting of Aminulrasyid. A case for further investigations can certainly be made out for offences under Chapter XI of the Penal Code for False Evidence and Offences Against Public Justice and the police department’s internal disciplinary procedure.

The court findings against Khalid Abu Bakar in A. Kugan’s case (affirmed in the Court of Appeal) and now Aminulrasyid are extremely serious as it essentially meant that he had intentionally or recklessly abused his position as a public officer and caused harm against the deceased persons. Needless to say, as the top police officer in the country, he is setting an extremely bad example to the rest of the police force by his intentional or reckless misbehaviour in covering up the most serious form of police misconduct i.e. fatal police shooting and death in custody.

Due to the double court findings of public misfeasance against Khalid Abu Bakar and the irresponsible manner in which he had carried out his duties as a senior ranking police officer, we therefore call for the immediate resignation of Khalid Abu Bakar as the Inspector General of Police.

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LFL: The IGP should do the honourable thing and resign after Aminulrasyid’s verdict
25 March 2016 – LFL Press Statement

25
Mar
16

Justice for Aminulrasyid, finally

Six years on, family of slain Shah Alam schoolboy wins RM400,000 govt compensation

SHAH ALAM, March 24 — The family of Aminulrasyid Amzah, the 14-year-old killed by a patrolling police officer during a midnight joyride through the suburban streets of Shah Alam six years ago, won today their protracted court battle for damages against the government.

High Court Judge Datuk Ahmad Zaidi Ibrahim in his ruling favouring the family said the then officer Jenain Subi had gone against the Inspector-General’s Standing Orders (IGSO) when he opened fire during the incident.

“The defendant’s action was careless, excessive and it went against the IGSO,” Ahmad Zaidi said in his court here.

He then ordered Jenain and other defendants to pay RM150,000 for damages caused by pain and suffering, another RM150,000 for aggravated damages.

The judge also ordered Inspector-General of Police Tan Sri Khalid Abu Bakar, who was the Selangor police chief the time, to pay RM100,000 for public misfeasance.

Khalid previously claimed the teenager was a dangerous criminal.

Judge Ahmad Zaidi also ordered the defendants to pay RM50,000 for legal costs, RM10,000 for bereavement and RM4,800 for funeral costs.

Aminulrasyid was shot dead by police on April 26, 2010 in the Selangor capital city in an early-morning car chase after failing to stop at a police roadblock.

In April 2013, Aminulrasyid’s sister Nor Azura Amzah and mother filed a civil suit against Jenain and four others — namely the Shah Alam police chief, Tan Sri Khalid Abu Bakar who was then the Selangor police chief, the Inspector-General of Police and the government.

Jenain was initially found guilty and sentenced to five years’ jail by the Sessions Court in 2011 for culpable homicide not amounting to murder in causing Aminulrasyid’s death during the car chase in the Shah Alam suburbs.

He had admitted to firing 21 bullets from his sub-machine gun at the car Aminulrasyid was driving, but denied he had opened fire with the intention to kill the schoolboy.

Jenain became a free man when the High Court acquitted him in 2012 after ruling that he had opened fire with the intention to immobilise the car instead of causing Aminulrasyid’s death.

The Court of Appeal later upheld the acquittal in November 2013, saying in a unanimous ruling that the High Court had not erred in its findings on the intention.

…more
Six years on, family of slain Shah Alam schoolboy wins RM400,000 govt compensation
March 24, 2016 – MMO




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All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?

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