The decision yesterday by High Court Judge Datuk Su Geok Yam that DAP MP Teresa Kok's false arrest under the Internal Security Act in 2008 was lawfully done, stinks to high heaven.
More than that, Judge Su's order awarding costs of RM50,000 each (total RM200,000) to the accused Tan Sri Syed Hamid Albar, then Home Minister, former Inspector-General of Police Tan Sri Musa Hassan, DSP E Kim Tien and the Malaysian government, is a clear example of judicial incompetency and an absolute travesty of justice. It's incredible that the judge is punishing a completely innocent Teresa Kok instead of taking the government to task for a malicious arrest and remand!
In 2008, Teresa Kok was arrested over false and totally concocted allegations (by you know who - BUMNO/SCUMNO) that she had complained/ordered a mosque in her constituency not to broadcast the Azan prayers over the loudspeaker system.
Later, the head of the relevant mosque committee confirmed that faulty wiring was the reason why the Azan had not been broadcast. He also did not mince his words when he said that Teresa Kok had not made any complaint regarding the broadcasting of Azan prayers or been involved in any petitions against the mosque.
In fact, the mosque committee head confirmed that Teresa Kok had previously helped raise funds for the mosque.
Later, the head of the relevant mosque committee confirmed that faulty wiring was the reason why the Azan had not been broadcast. He also did not mince his words when he said that Teresa Kok had not made any complaint regarding the broadcasting of Azan prayers or been involved in any petitions against the mosque.
In fact, the mosque committee head confirmed that Teresa Kok had previously helped raise funds for the mosque.
These are solid facts and the absolute truth as to what really happened. Yet, she was detained by order of IGP Musa Hassan under section 73(1) of the ISA on the ground that she had taken part in activities "that could cause tension and racial clashes". Home Minister Syed Albar who was informed by the IGP of Teresa Kok's arrest, did not lift a finger to find out if the IGP had acted reasonably or to rectify a blatant misuse of the ISA.
She was arrested on 12 September 2008 as treated like a pariah dog, shunted about from police station to police station to prevent lawyers from filing a swift habeas corpus application to the courts. She was not allowed to exercise her Constitutional right to have immediate access to her lawyers. She was eventually released on 19 September 2008.
On 27 September 2008, two petrol bombs were thrown into the compound of her house by unknown extremists, no doubt motivated by swirling rumours of attacks against Muslims, to which fuel was added by the IGP's failure to investigate impartially and scotch the unfounded stories of Teresa Kok's involvement.
I do not care what the law says. If a person has done no wrong, and the police arrested them without investigating and ascertaining all the facts, then the police are wrong. They are the ones who should be charged in court and ordered to pay $200,0000 compensation to Teresa Kok or sent to prison with a stiff sentence to send a pointed message to the Home Minister and the IGP that incompetency and hasty policy actions will not be accepted or tolerated.
If the ISA (or Prevention Of Terrorism Act or Sedition Act) is worded such that it allows arrests so long as "proper procedures are followed" even if police investigations are shoddy and half-past-six or places the onus on the Rakyat to prove their innocence, then it must be Unconstitutional, and judges should have the common sense and decency to rule bearing in mind justice and not rule by (screwed-up) laws!
Recent decisions against Karpal Singh, a lawyer, for merely stating that the Sultans are also subject to the laws of the country, Anwar Ibrahim's conviction for sodomy despite a police officer hopelessly breaking the law and compromising the chain of DNA evidence and other decisions, clearly show that justice is still and ephemeral concept in our courts.
How can that not be, when the government under PM Najib and his (wooden IKEA) Cabinet have yet to implement the recommendations of the 2008 Royal Commissions of Inquiries for the establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) and prosecution of 2 ex-Chief Justices Ahmad Fairuz and Eusoff Chin for fixing of judicial appointments and corruption, and also ex-PM Mahathir, businessman Vincent Tan and lawyer Lingam for their roles in the 'Lingamgate' judicial-fixing scandal.
If the police and judges know that they will never be held publicly accountable and punished severely for blatant incompetency and professional misconduct, then we are literally giving them a licence to establish a police state much favoured by Stalin, Hitler and Mao.
This flagarant miscarriage of justice against Teresa Kok must be reversed, and the 3 accused - Tan Sri Syed Hamid Albar, then Home Minister, former Inspector-General of Police Tan Sri Musa Hassan and the Malaysian government - be fined RM 1 million each and Albar and Musa Hassan sent to prison. DSP E Kim Tien should be educated of the Nuremburg principle - that you do not follow orders if it goes against the most basic of human rights, especially if orders are issued by 3rd rate leaders and are based on shoddy and incomplete, unprofessional, biased and racism/religious bigotry-tinged invesigations.
If the police and judges know that they will never be held publicly accountable and punished severely for blatant incompetency and professional misconduct, then we are literally giving them a licence to establish a police state much favoured by Stalin, Hitler and Mao.
This flagarant miscarriage of justice against Teresa Kok must be reversed, and the 3 accused - Tan Sri Syed Hamid Albar, then Home Minister, former Inspector-General of Police Tan Sri Musa Hassan and the Malaysian government - be fined RM 1 million each and Albar and Musa Hassan sent to prison. DSP E Kim Tien should be educated of the Nuremburg principle - that you do not follow orders if it goes against the most basic of human rights, especially if orders are issued by 3rd rate leaders and are based on shoddy and incomplete, unprofessional, biased and racism/religious bigotry-tinged invesigations.
Donplaypuks® with true justice and the law, man!
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