There is much controversy over the High Court Judge Datuk Indera Mohd Sofian Abd Razak who is presiding over the Najib corruption trial.
The issue of the judge not only being born in Kuala Lipis - the same birthplace of Najib - but his brother is a long time UMNO stalwart in Pahang has raised alarm bells.
Here are some news reports and other info I have clipped together.
1. The Bilqis Hijjas yellow balloons case.
Folks, who is this High Court judge Datuk Indera Mohd Sofian Abd Razak? Here is some old news.
Recall that young woman who released yellow coloured balloons at some event where Moron was attending? The AG filed a criminal case against the girl. The magistrate's court threw out the stupid case. Then the AG appealed the case and guess what happened?
"High Court judge Datuk Indera Mohd Sofian Abd Razak today reversed Bilqis Hijjas’ acquittal and sent her case back to a lower court for her trial to continue"
KL Oct 3, 2017 — Bilqis Hijjas (yellow balloons) ordered to enter defence
High Court judge Datuk Indera Mohd Sofian Abd Razak reversed acquittal
sent her case back to lower court for trial to continue
throwing balloons insulting and may cause breach of peace,” he said
judge ruled magistrate had erred to acquit Bilqis
respondent be called to enter her defence
Mohd Sofian said Free Media, Democracy, Justice on balloons used during Bersih
“Wordings associated with Bersih, against present administration,” he said
Aug 31, 2015 at 3.15pm at Pavilion, several yellow balloons released
Bilqis charged on Sept 23, 2015
Bilqis, 38 acquitted and discharged July 1 (2017??)
prosecution failed to prove prima facie case
magistrate ruled Bilqis’ actions not insulting behaviour
My comments : So this is the SECOND TIME the same judge is presiding over a criminal case involving Najib. Is this fair? And since this is the same judge who threw out the acquittal of the "releasing yellow balloons" case I am sure Najib must be very happy this same judge is presiding over his case again.
Is this fair? Can the same judge preside over TWO cases involving the same person Najib Razak? Is this the Malaysian system of justice?
And after this, if there are other cases involving Najib Razak, will the same judge also preside over those cases as well?
If not, why not?
If the same judge can preside over TWO cases involving Najib, then he can also preside over THREE, FOUR, FIVE cases??
Or maybe they can just make him the Najib Razak judge?
Meaning every time there is a case filed against Najib, then Datuk Indera Mohd Sofian Abd Razak shall preside. Banyak cantik. This is our Malaysian legal system.
The question is "How many times can or should the same judge preside over cases involving the same party?"
2. Here is more news :
Bar: Judge should have disclosed his brother is in Umno
Friday, 6 Jul 2018
Justice Mohd Sofian Abd Razak younger brother of Mohd Soffi Abdul Razak
Pahang Exco and Benta Umno state assemblyman
Mohd Soffi held Benta state seat since 1999 (19 years)
served as state exco since 2004 (14 years)
chairs Pahang State Agriculture and Agro-Based Industry Committee
judge should disclose brother's position in Umno, says Bar president
rule of law demands that justice must seen to be done
Najib until recently president Umno, chairman of BN
judge should disclose brother's position in Umno, Pahang state govt
prior to hearing Varughese said in statement
to preserve integrity of proceedings
to avoid danger of bias
judge’s failure raised serious questions about his propriety
judge to recuse himself further hearing this case,” Varughese said.
lawyer Kitson Foong : issue of “likely bias”
2001, Justice Wahab Patail in similar situation
charges against accused sanctioned by Gani Patail, his brother
he took liberty to address elephant in the room
doubt compromises public’s confidence in our justice system
prosecution could make application to recuse judge
3. Ok that was news from The Star. Here is something else that has gone viral. This one is about the Chief Justice - the guy who chooses which judge hears which case.
Chi_f Just_ce of Malaya
Najib's trial commenced yesterday, Wed. 4th July
4 charges and bail at RM1 mil. for each charge
Judge Sofian Abd Razak set bail at RM1 mil for all 4 charges
Justice Sofian granted application for gag order
Justice Sofian born in Kuala Lipis, also birthplace of Najib.
Justice Sofian younger brother Mohd Sofi Abd Razak
happens to be UMNO ADUN for Benta (N5) Pahang
Najib was former supreme head
Mohd Sofi UMNO State Executive Councillor for Pahang
Justice Sofian exceptionally lenient to Najib
few retired Judges feel Sofian should recuse himself
Chi_f Just_ce of Malaya assigns judges to hear cases
Chi_f's wife is teacher active in Girl Guide Movement
very close to Rosmah, Najib's wife
My comments : So, one can now see the personalities involved in this trial.
1. The judge is Kuala Lipis born - a shared identity with Najib who was also born in Kuala Lipis.
2. His brother is a long time Pahang UMNO/BN stalwart and State ADUN and Pahang Exco member - Najib's home State.
3. The judge also presided over the ridiculously stupid "yellow balloons" case where he ruled (in favour of Najib).
4. The Chi_f Just_ce appoints judges to preside over cases. In this case the wife of the Ch_ef Just_ce is said to be a close friend of Rosmah Mansor through her Girl Guides affiliation.
I think the Malaysian public will feel uneasy about all these "relationships".
Granted you cannot prove any 'conspiracy' or 'collusion' between the judge, the Ch_ef Just_ce, the wife etc but as the Bar Council says 'justice must not only be done but must be seen to be done'.
Its like this folks.
Here is the plot from an old Tamil Movie.
The name of the old Tamil Movie is "Ini Macam Pun Boleh Kah?" (this Tamil is spoken in the Buntong New Village.)
The movie plot goes like this :
1. The Gang Boss is charged in Court.
2. A judge has been appointed to hear the case.
3. The judge's own brother is the Gang Boss' trusted lieutenant
3. The judge has already ruled (in favor of the Gang Boss) in another case.
Tamil movie boleh lah.
Tapi janganlah kisah Malaysian judiciary pun macam Tamil movie.
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