MALAYSIA Tanah Tumpah Darahku


Friday, November 30, 2018

Federal Court said its investigation did not find anything. Nothing new there.

Seniority should be overriding factor in elevation of judges
says Malaysian Bar vice-president Abdul Fareed Abdul Gafoor.

four judges elevated to Federal Court
five judges elevated to Court of Appeal Nov 26

several Court of Appeal, High Court judges higher in seniority 
bypassed  for unknown reasons

omission of more senior judges invite adverse perception of judiciary 

Bar consistently called for appointment of judges to be reformed

Clearly defined criteria, meaningful consultation with stakeholders
transparency accountability in appointments process essential

seniority should be foremost criterion in promotion exercise

Highest possible standards of integrity

must naturally be assumed every judge already possesses attributes of judge
as well as the highest possible standards of integrity

(OSTB : I dont know about this. That one moron judge said Muslims will not lie.) 

judges should meet criteria for promotion 
additional factor being experience that seniority brings

must be strong acceptable reasons for departure from seniority 
reasons that can withstand public scrutiny

uncertainty about their future does little for morale of judicial officers 
who have made a commitment to a career on the bench

All this does not augur well for public confidence in judiciary 
would be inimical to public interest

Call for RCI

Bar deeply troubled by judicial interference raised by Court of Appeal judge 
judge Hamid Sultan Abu Backer “severely reprimanded” 
for dissenting judgment in M Indira Gandhi
he was not assigned to hear cases relating to Constitution, public interest 

Federal Court said its investigation did not find anything 

internal investigations ‘not in a position to make definitive finding’ 
and had to suspend its inquiry (in the case)

call for RCI be established to investigate the judicial misconduct 
recommend holistic reforms to improve judiciary
imperative that no coercion, influence or threat ever brought on any judge 

My comments :  Malaysia is like other Islamic countries in the Middle East. 

The cream is not always allowed to rise near the top. 

Yet many Malaysians still expect themselves, their children and their own group to somehow "magically" rise to the top.  

It does not work that way at all.

Kalau guru sekolah bodoh, anak tuan-tuan akan jadi bodoh.

Kalau lecturer, professor, vice chancellor semua jenis kangkung naik pangkat sebab 'agama, bangsa, negara' - then janganlah 'terkejut beruk' your children cannot get jobs after they graduate from the university.  How do you expect second rate lecturers and third rate professors to produce 'world standard' graduates? Engkau orang ni tak boleh fikir ke?

Kalau hakim pula naik pangkat bukan sebab dia pandai atau ada pengalaman be prepared for a lousy legal system. 

Bila bebudak yang tak layak belajar engineer, doctor, architect, accountant dan sebagainya  boleh jadi 'pembesar agama' pula lepas dia balik belajar tayamum dan minum air kencing unta di negara padang pasir  - agama awak jadi dungu bin dogol lah tu. 

The books that the local intelligentsia write will also be more dunguism.
There will be no such thing as a local intelligentsia. 

So what will happen?

What will happen is you must create a cocoon for you to live inside. A cocoon is usually filled with ugly caterpillars.

Inside this cocoon muka mesti sama, kecek mesti sama, bau ketiak sama, cakap tahap dungu yang sama, ketawa silly jokes yang sama, angkat sesama sendiri, pandang hina everything outside the cocoon,  halalkan everything inside the cocoon etc'.

Dia bukan modern living, bukan condo living atau apartment living atau urban living pun. It is simple cocoon living.  Cocoon filled with caterpillars. Ugly living with the living ugly. That is what is already happening.

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