MALAYSIA Tanah Tumpah Darahku


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Tuesday, August 1, 2017

We can't have an AG whose decision cannot be challenged

YOURSAY | ‘When the wheels of justice grind to a halt, what other recourse is there?’
Vijay47: Senior lawyer Gopal Sri Ram brought up the purported charge sheet against Prime Minister Najib Abdul Razak regarding the 1MDB investigation during an application by former law minister Zaid Ibrahim and two other parties for leave to appeal against attorney-general Mohamed Apandi Ali's decision not to prosecute Najib. The Federal Court ultimately dismissed the application.
I may be wrong here, but it looks as though the judges did not dismiss the facts present by the plaintiffs. Their decision was based only on precedence - that previous cases had held that "the decision by the AG is non-justiciable".
Does this mean that Apandi can do anything he decides and he cannot be challenged? That must surely elevate him close to the divine, and Malaysia must be the only country in the world that practises such generosity towards a servant of the people.
I believe the foundation of any authority is that the person wielding it must do so fairly and "with just reason". Of course, where Apandi is concerned, both these requirements are alien to him.
One interesting point is that the judges seem to have made no comment on the charge sheet that never was; the application was not rejected on the grounds of the charge sheet being false or imaginary.
So was the opposition was right all along when it spoke about the AG’s Chambers, Najib, and a smoking gun?
Gaji Buta: I wonder what is the stand of the other Federal Court and senior judges on this matter?
Since none of them has protested or stepped down, either they see no wrong here or they are more concerned with “cari makan”. Same question for those in the AG’s Chambers.
6th Generation Immigrant: Malaysia is in the doldrums. We need clear and fast solutions before the country ends up like Uganda under Idi Amin. But there have been attempts and efforts put forward.
We need to mount a constitutional and legal front - former Federal Court judge and now lawyer Gopal Sri Ram and the Malaysian Bar Council are undertaking the disruptions before the advent of the main battles.
We need the discarded Malaysian Anti-Corruption Commission (MACC) and Attorney-General’s Chambers (AGC) bosses to come out now.
There's only one other alternative left if all these democratic solutions are stymied through unfair play or brute force - complete public open demands, just like any annual or extraordinary general meeting to remove governing bodies.
The people must be supreme in all decisions, and we wait with bated breaths.
NNFC: Gopal is another example of a Malaysian hero. I congratulate him and wish him a fair hearing.
Chemical Ali: We should have sincere judges like the honourable Justice Ejaz Afzal Khan who disqualified Pakistani Prime Minister Nawaz Sharif from office as a result of a corruption probe. Hats off to them.
Mosquitobrain: Former Malaysian Bar president Steven Thiru has said that the Federal Court's decision to refuse leave for three parties' application to challenge the AG for not taking action against Najib is not in line with the norm in Commonwealth countries.
Same Commonwealth countries. Similar constitutional articles, which state the discretion of the public prosecutor is reviewable by the courts. But different public prosecutor, different interpretation!
Where do we go from here? Any other recourse? Preserve and fight to the end?
Apa Ini?: Challenge it, challenge it, challenge it! We can't have an AG whose decision is final and irreversible, certainly not in the light of all the recent investigations by the US Department of Justice, Singapore, Switzerland and elsewhere. Are we under a dictatorship or what?
Anonymous 2456321485312809: No doubt the decision is wrong, but it is also wrong to compare the Malaysian legal system with the one in the UK, where the rule of law is still very much alive and is a cornerstone of their legal system.
Cogito Ergo Sum: When the wheels of justice grind to a stuttering halt, what are other avenue is left for the people?
The ballot box used to be a good barometer of the people's temperament. When even that final forum no longer sacrosanct, there is little choice, or no choices left.
Thickskin: The Registrar of Societies (ROS) has instructed Pakatan Harapan to amend its logo, said the coalition's chairperson Dr Mahathir Mohamad. "They said the logo was not suitable because it did not give the full name of the coalition.”
This is mere nit picking. There is no reason for including the word 'Pakatan' in the logo. In fact, most associations and societies make their logos as simple as possible.
I would not be surprised if after this, there will be further nit pickings to delay the registration and deny Harapan the use their logo for the coming general elections.
Feddup: Why must a logo capture the entire name of that organisation?  Does Nike Malaysia's logo carry the name or just the "swish"?
Anonymous 2456021485004935: Shouldn't it be the liberty of the coalition to determine its own logo design? It is not like it has a vulgar word or foul geometric object.

Bluemountains: Which section of the Societies Act requires a political party to have its full name in its logo? The BN logo does not have its full name, Barisan Nasional.
Why is the ROS not asking BN to amend its logo? - Mkini

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