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Sunday, July 9, 2017

For Najib and Dr M, the circle is now complete



YOURSAY | ‘When I left you I was but the learner. Now, I am the master!’
Ferdtan: How can Md Raus Sharif be reappointed as chief justice when the Federal Constitution clearly states that he should be retired?
Therefore, as rightly said by DAP leader Lim Kit Siang, Raus will be deemed to be an illegal chief justice.
There are many capable judges who can take on the job, so why did PM Najib Abdul Razak run foul of our sacred constitution and against reasonable logic to pick Raus specifically? Why, why, why? It is a million-dollar question.
Let this be a warning to all in the legal fraternity. By having an illegal chief judge, you can never be sure that all cases that come during his term may be made null and void. That would be a fatal administrative disaster.
Pemerhati: Najib now has three lines of defence. The first line of defence, if a police report of any wrongdoing is made against him, is that the police and Malaysian Anti-Corruption Commission (MACC) chiefs will play their usual game of saying that investigations are being carried out.
Then, after a long time, they will say that they have sent the investigation papers to attorney-general (AG) Mohamed Apandi Ali, who is Najib’s second line of defence. The AG will either say that there is no case or send the papers back for further investigation and after a long delay again, say the same thing.
In case the police and MACC chiefs and the AG have a change of heart and decide that they have to put an end to this terrible state of affairs and prosecute Najib, then Raus is the third line of defence.
Rick Teo: With the extension of Raus’ term as chief justice, the strategy is now complete. Malaysian Official 1 (MO1) managed to appoint an AG who claims 1MDB did not lose any money. He has a police chief who has been investigating 1MDB for two years without finding any reason to prosecute anyone.
Najib also has a MACC chief who has been going after all the small fry but fails to see the elephant in the room. Now, to top it all, he has managed to put a (retiring) top judge to stay on in his post, and who will be eternally grateful to Najib for putting him there for three more years, despite the constitution prohibiting this.
Now, Najib may even secure a conviction of former PM Dr Mahathir Mohamad for his role in the forex scandal.
Vijay47: Delving into our constitution would be a task beyond ignorant me, and I shall thus stick to the mundane.
It would be relevant to remember that similar outrages were committed and the trend was started by that repenting sinner, Mahathir, and ironically, including authorising the chairperson of the Elections Commission (EC) to hang around longer than most cared for.
Cutting to the immediate case of the proposal to have Raus’ tenure extended, the first and perhaps only obvious question is, “Why?”
What was his great contribution to Malaysian justice? What distinguished legal wisdom did he display that would make his absence from the bench an irreparable loss to the country? Was Raus in an exalted mould of his own, where we have no one else worthy enough to step into his robes?
Almost every constitutional amendment that we have suffered was to consolidate the grip that Umno has on every facet of our lives; if the law does not coincide with that party’s interest, simply amend it. That amendments are being usually wrought only to serve Umno’s purpose can be seen from suggestions that, of all persons, the inspector-general of police Khalid Abu Bakar’s service should also be extended.
If there is one person fully deserving of the loathing and contempt he has earned, it is this Khalid. And there actually are people who want him to continue afflicting the course of law and order he has achieved?
Yes, God does work in mysterious ways. But karma is also in attendance - following revelations of the dubious company he allegedly keeps, Khalid’s ‘tupai’ has ‘jatuh’.
Not Convinced: Najib versus Dr M à la Star Wars in ‘Episode IV: A New Hope’.
Darth Vader: I've been waiting for you, Obi-Wan (Kenobi). We meet again at last. The circle is now complete. When I left you I was but the learner. Now, I am the master!
Obi-Wan Kenobi: Only a master of evil, Darth!
Darth Vader: Your powers are weak, old man.
Obi-Wan Kenobi: You cannot win, Darth. If you strike me down, I shall become more powerful than you can possibly imagine.
Darth Vader: You should not have come back.
Ravinder: It is not laws (words on paper) that matter but the conscience of those who are entrusted to put those words into action.
When these people lose their conscience, for medical, political or other reasons, they don’t care two hoots for the written words, even if they are embedded with diamonds.
This is absolute power that corrupts absolutely. "I will do what I like, what can you do?"
ABU: If the top judge does not respect the constitution, what else can we expect from the judiciary?

CJ appointed as 'additional judge' despite constitutional concerns
Kim Quek: Former chief justice Arifin Zakaria’s recommendation, even if genuine, is not valid in law, simply because he could not recommend someone who is already a Federal Court judge at the time of his recommendation to be an additional judge in the country’s highest court.
That person to be recommended (at the time of recommendation) must be someone who is not in the Federal Court.
Article 122(1A) of the constitution is so worded that it is clearly intended for use by the chief justice to appoint additional judges to the Federal Court on an ad hoc basis for specific purposes, and certainly not meant to be abused for prolonging the duration of the appointment of the CJ and the Court of Appeal president beyond the age limit imposed under Article 125(1).
These two current appointments to Chief Justice Raus and Justice Zulkefli Ahmad Makinudin are therefore mala fide and unconstitutional.
Kawak: This backdoor appointment and "backdating" recommendation can only happen in the Bolehland of Malaysia.

Why must we retain these two senior judges who are due for compulsory retirement when we have other senior judges lining up to take over?

Léon Moch: A retrospective recommendation? This calls for a constitutional interpretation to see if it passes the test. However, it will be the Federal Court that will have jurisdiction to make such interpretation.- Mkini

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