Ex FCJ Sri Ram Speaks

Judiciary fails to protect minority rights: Sri Ram

Hazlan Zakaria
Sep 16, 10
1:59pm

Former Federal Court judge Gopal Sri Ram said today that the judiciary has failed in its duty to defend minority rights.

Since the executive branch is elected by the majority, and as such it represents the rights of the majority, Sri Ram argued that the judicial branch has the duty to protect the rights of the minority.

"It is the judiciary which must fulfill this task,” said the former judge in his speech at the National Conference on Integrity in Kuala Lumpur today.

Sri Ram told the 350-strong audience that if the question was asked on whether the judiciary has performed its duty, the answer he said would be an “emphatic no!".

According to him, this was because the judiciary has become so "executive-minded" that the judges have become creatures of the government.

"The judiciary is so anxious to help the executive... And when you bend the law to help the executive, this results in ridiculous decisions," contended Sri Ram.

He cited examples of the courts reversing decisions through the Federal Court to accommodate the wishes of the federal government.

Sri Ram believed that such interference by the executive was clearly a breach of the doctrine of separation of powers.

The powers to convict and sentence are exclusive to the judiciary and Sri Ram said this role should not be usurped by the executive.

1988 judicial crisis
But more worryingly, Sri Ram contends, is that this failure to protect the rights of the minorities bodes more future ill for Malaysia for the judiciary also holds another higher duty.

"It is up to the judiciary to preserve our constitution," he said.

"And when and if it fails in that function, then the state has failed," warned Sri Ram, who retired from the judiciary in February this year.

He indicated that the failure of Malaysia as a state may indeed be imminent given the deteriorating condition of the judiciary since the 1988 crisis, which saw the sacking of a number of Malaysia's top judges.

Sri Ram had the distinction of being plucked from private law practice and appointed straight into the Court of Appeals.

He however was stuck in the appellate court for 15 years, with a number of judges who are more junior than him being promoted to Federal Court.

It wasn't until 2009, months before he was due to retired, that he was named a Federal Court judge.

Ex-judge: High Court can rule on Islam-related cases

Nurul Izzah's choice

Nurul Izzah: We need a true fighter, not a wolf

By Joseph Tawie

KUCHING: PKR's Puteri Reformasi Nurul Izzah Anwar today gave her clearest indication yet that she is backing Zaid Ibrahim in his quest for the deputy president's post in the forthcoming party polls.
While lambasting “narrow-minded politicians” in PKR, Nurul Izzah said that Zaid, on the other hand, was a leader with vision for the party.

Earlier in her speech to party members in Sarawak last night, she called on them to choose leaders who are committed to the ideals and the principle of the party.

“I don’t mind who you choose as the president and deputy president or as vice president. What is the most important thing is that he or she must be someone who is sincere, and who is committed to the ideals and principle of the party.

“He must be a true fighter,” she added, reminding them that in their efforts to choose leaders, they should be aware of leaders who were just like a wolf wearing a sheepskin.

While she had not named Zaid, or any other leaders, in her speech, she nevertheless told reporters this morning that she would back Zaid as a leader of the party.

She pointed out that Zaid had the necessary leadership qualities to steer PKR forward.
Zaid will be facing off vice-president Azmin Ali for the deputy's post in the party polls. While Nurul Izzah has now openly backed Zaid, Azmin is said to have the backing of Nurul's father and party's supreme leader Anwar Ibrahim.

From Nov 13, all members in Sarawak as well as in Sabah and Peninsular Malaysia would also vote for national leaders for the posts of deputy president, five vice-presidents and members of the supreme council.

“PKR is the party of the future,” Nurul said, pointing out that the party did not want “wolves in sheepskins”.
“It is not the party for people from Semenanjung Malaysia, but for all Malaysians including those from Sarawak and Sabah.

'We need Zaid'
At a press conference before returning to Kuala Lumpur this morning, Nurul, the Lembah Pantai MP, indicated her support for party leader Zaid.

“In my speech I was referring to some narrow-minded politicians at national level, who talked about the interests of certain racial groups only,” she said.

“We need Zaid and under his leadership, KL has progressed so much and he has vision for the party,” she added.

“How can I refer to Zaid as a wolf as I am supposed to be ‘extremely anti Azmin’? she asked.

Meanwhile Azmin arrived today in Kuching to woo Sarawak PKR members to vote for him. Besides Kuching, he would also visit other towns and villages. Sarawak has 29 PKR divisions, while Sabah has 26 divisions.
FMT

Tunku Speech on 16 September 1963

Malaysia Day — Tunku Abdul Rahman

September 16, 2010

SEPT 16, 1963 — The great day we have long awaited has come at last – the birth of Malaysia. In a warm spirit or joy and hope, 10 million people of many races in all the States of Malaya, Singapore, Sarawak and Sabah now join hands in freedom and unity.
We do so because we know that we have come together through our own free will and desire in the true spirit of brotherhood and love of freedom.
We have made our decision after much care and thought, finally arriving at mutual consent by debate and discussion, inquiries and elections held over two-and-a-half years.
We can feel proud indeed of the way we have created Malaysia through friendly argument and compromise. The spirit of co-operation and concord is living proof of the desire we share for a common destiny.
What better basis for Malaysia can there be, what finer augury for the future?
The road to nationhood has not been an easy journey. Surprises and disappointments, tension and crisis, have marred the way.
The peoples of Malaysia, however, have endured all trials and tribulations with confidence and patience, calmness and forbearance, with faith in our final goal — Malaysia.
In the first eighteen months of political and constitutional discussions, beginning from May 1961, things went ahead favourably, because the ideal of Malaysia caught the imagination of all the peoples concerned.
We can all recall the remarkable enthusiasm and interest aroused then in the evolution of Malaysia.
Step by step the concept came to life. The activities of the Malaysia Solidarity Consultative Committee, the merger talks between the Federation of Malaya and Singapore, the broad agreement reached in London to establish Malaysia, the appointment of the Cobbold Commission and its exhaustive inquiries in the Borneo Territories, and the subsequent establishment of the Inter-Governmental Committee — all these steps were taken in internal harmony and in full public view.
Suddenly towards the end of 1962 the situation changed. Communist China committed unjustifiable aggression against India. I stood up for democracy and condemned China’s attack.
One immediate reaction was that Communists throughout South-east Asia retaliated by an indirect assault upon me by opposing my idea of Malaysia, and they set about creating every possible difficulty to baulk Malaysia.
Other external complications occurred – the Philippines’ claim to North Borneo, the sudden and abortive revolt in Brunei, and the startling adoption by Indonesia of a policy of confrontation against Malaya.
All these events projected an international crisis in South-east Asia this year, the climax coming in June. The successful meeting of the Foreign Ministers of Malaya, Indonesia and the Philippines, followed by my own conference with President Soekarno in Tokyo eased tension considerably and brought new hopes for harmony and peace.
Prospects for a Summit Conference were good, confrontation from Indonesia subsided, so we went ahead with arrangements for the final talks in London on Malaysia.
The Malaysia Agreement was duly signed in early July. Unexpectedly Indonesia reacted most strongly, renewing its policy of confrontation with the result that the Summit conference of leaders of Malaysia, Indonesia and the Philippines at the end of July began in an atmosphere of doubt.
The Summit conference ended in an agreement by the three countries to form an Association of States of Malay origin to be known as Maphilindo.
It was agreed that in order that the partners in Maphilindo could welcome Malaysia the United Nations Secretary-General should be asked to ascertain anew the wishes of the peoples of Sarawak and Sabah. That request has not been implemented.
Now finally the peoples of Malaysia are celebrating the establishment of Malaysia. This is the time to think earnestly and hopefully on the future of Malaysia as the whole country resounds with joy.
So I pray that God may bless the nation of Malaysia with eternal peace and happiness for our people.
The Federation of Malaya now passes into history. Let us always remember that the Malayan Nation was formed after many difficulties during a long period of national Emergency, yet its multi-racial society emerged, endured and survived as a successful and progressive nation, a true democracy and an example to the world of harmony and tolerance.
As it was with Malaya, so it can be with Malaysia. With trust in Almighty God, unity of purpose and faith in ourselves, we can make Malaysia a land of prosperity and peace.
In doing so let every Malaysian in all the States of Malaya, Singapore, Sarawak and Sabah ensure that our Malaysia is truly worthy of the aims and hopes we have shared, the trials and stress, we have endured, in working together to achieve our common destiny.
“MERDEKA! MALAYSIA!”
* Speech by Prime Minister Tunku Abdul Rahman on the occasion of Malaysia Day on September 16, 1963 to commemorate Malaya, Sabah, Sarawak and Singapore forming Malaysia.

Najib Praised PDRM

Najib lauds speedy Sosilawati murder probe

September 16, 2010

Suspects in the murders of Sosilawati and three others are led towards the Bukit Jalil police station. — file pic

SANDAKAN, Sept 16 — Prime Minister Datuk Seri Najib Razak today congratulated the police force for its efficiency in solving quickly the murder of cosmetics queen Datuk Sosilawati Lawiya. He said the police should be given the time and space to handle the case so that all those involved in the crime could be brought to justice.
“This success (of the police) is very encouraging. I congratulate the police force for having acted fast.
“I hope they will gather all the evidence so that the court will have no doubt in imposing a sentence commensurate with the seriousness of the crime committed,” he told reporters when asked to comment on a statement by Inspector-General of Police Tan Sri Ismail Omar that the murder of Sosilawati and three men had been solved.
Sosilawati, 47; her driver Kamaruddin Shamsudin, 44; lawyer Ahmad Kamil Abdul Karim, 32; and CIMB Bank officer Noorhisham Mohammad, 38, went missing on August 30 after they had gone to Banting, Selangor, over a land deal.
Police found out that the four had been killed, their bodies burnt and the ashes thrown into rivers near Ladang Gadong in Tanjung Sepat near Banting, and have detained eight suspects, among them two lawyers.
Earlier, Najib attended the Sabah level “Juara Rakyat” (People’s Champion) programme and an Aidilfitri open house, here.
At the event, also attended by Sabah Chief Minister Datuk Seri Musa Aman and leaders of Barisan Nasional (BN) component parties, the prime minister launched the “1 Malaysia Milk Programme” to provide free milk to primary school children.
Najib said the free milk programme, which was expected to be implemented next month, would initially be for pupils in standards one to six and would be extended in stages to higher levels.
He said the initial cost of the programme was RM4 million, and the allocation would be increased from time to time.
Najib said the Sabah government had given the undertaking that it would be able to supply the milk necessary for the programme. — Bernama

Comment on LKY

COMMENT Singapore Minister Mentor Lee Kuan Yew, 87 tomorrow, is predictable on Malaysia - which coincidentally emerged on Sept 16 - in his interview on Sept 1 with the New York Times/International Herald Tribune (NYT/IHT).

Malaysia is the main item in his 'regrets' category as he looks back on his long life.

He's still "teary-eyed" - although his crocodile tears, as referred to by Tunku Abdul Rahman - should have dried up a long time ago as he sees a nation, which he "fought so hard to bring together", unraveling before his very eyes across the causeway.

This is a common observation among many non-Malays, if not Malays, in the country and Singapore: "Malaysia is really a beautiful country. God made it that way. But just look at what's happening to it?"

Lee (left) will probably have several more years of "anguish" - if that's the right word - over Malaysia, his faculties still intact, if the Gods that he denies permit him continued good health.

After that anything goes. It will really be tragic if Lee has to spend his last days like his wife, bed-ridden and unable to speak since a stroke two years back. This must be doing Lee in as well, although he puts up a brave front.

The major difference between Singapore and Malaysia, under the ruling elite, remains the same today as it was in 1965 when the city state was booted out of the new federation after two years.

There's no denying the fact that the ruling elite are squatting on all Malaysians under the guise of standing up for Malay and bumiputera rights. It was Lee himself who thundered just before the expulsion of Singapore from Malaysia: "If they (the Malay elite in Kuala Lumpur) think that they can squat on us and get away with it, they are sadly mistaken."

Fifty-odd years later, squatting is also the main complaint of Hindraf Makkal Sakthi - the ad hoc apolitical movement which initially began as a reaction against the conversion of Everest hero M Moorthy (right) ostensibly to Islam - which marshaled nearly 100,000 people to take to the streets in late 2007 to send shivers down the spine of the ruling elite.

Lee clearly did not describe Malaysia as a failed state, as Umno Youth chief Khairy Jamaluddin claims, or even close to it. Khairy's over-reaction is probably a case of "siapa makan cili, dia yang rasa pedasnya" (whoever eats chilli, will feel its burn).

What Lee is saying is that Malaysia has not done well, obviously compared with Singapore, and could have done better. He's also saying that Singapore could have done even better had Malaysia done better, whether the city state is within or outside the country.

Why Malaysia has not done as well as it should have is not exactly the best kept secret in the world.

There's a ruling elite in Malaysia, the same elite that Lee thundered at in 1965, that has managed to hoodwink a large portion of the rural vote bank to back its long stay in power in cahoots with the non-Malay elite. Between them, they have done in the rest of the nation.

The story behind the story

It would be pointless belabouring the various issues which Lee has raised in pointing out the dilemma that Malaysia faces today. He has mentioned the Indians, Chinese, the Chinese language, Tamil, English, Bahasa Malaysia, the education system, and the effort to turn Malaysia into a solely Malay-run country with only Malays occupying all key posts, among others.

We need to get behind Lee's rhetoric, true as it is. He was mindful of Singapore's commercial interests in not telling the story behind the story.

For starters, the entire structure of the ruling BN leaves a lot to be desired. The BN concept circumscribes the democratic process by tacitly endorsing elite "power-sharing" and denying the grassroots meaningful participation in elections, and by extension, nation-building. In reality, the non-Malays in BN are elected by Malay votes, having long been discredited by their own communities.

Umno, the ruling party, has a hidden self-serving agenda behind euphemisms like power-sharing, the BN spirit, and consensus-and-compromise.

They have hijacked Article 153 of the federal constitution from the King and indulged in gross deviations and distortions of the New Economic Policy (1970-1990) to serve a handful in the ruling elite and their fat cats in tow.

Behind the BN facade, the ruling elite has been making hay the last 50-odd years while the sun shone, stealing the people's sweat from the public treasury through government projects that they award themselves through nominees.

This has seen government procurements and projects costing the taxpayer twice, three times and even up to ten times what it should actually cost. The fact that the national debt burden has been estimated to be as high as 70 percent of the gross domestic product should therefore come as no surprise.

To camouflage the entire scam, every issue in Malaysia is twisted and turned into a racial issue to scare the Malays into circling the wagons and gathering under one political platform i.e. Umno. So, the party hopes to remain in power in perpetuity under this colonial-style divide-and-rule tactics even if it means that the rest of the country has to go to the dogs.

Umno toning down on its racist rhetoric since 2008 has seen the entry of Perkasa, led by Pasir Mas MP Ibrahim Ali (left) and endorsed by former prime minister Mahathir Mohamad, to take up the slack.

If Mahathir feels that the Malays still need defending after 53 years of independence, the question that arises is whether he has been tending to their needs during his long innings in power or his own.

Malaysia, Lee would probably agree, needs to get away from the BN and the sooner the better. Of course, Lee himself is exactly in no position to preach here as his People's Action Party (PAP) has also been in power since independence.

The PAP's long stay in power aside, Lee would no doubt point to the fact that unlike BN, it is not race-based and cannot be accused of squatting on the Singaporeans in the manner that Umno has done in Malaysia.

Among the poorest states

Also perhaps preying on Lee's conscience is the fact that Sabah and Sarawak are among the poorest states in Malaysia today, as virtual colonies of Malaya, despite vast land reserves and oil and gas resources.

Sabah only agreed to Malaysia after the late Donald Stephens was persuaded by Lee. Malaya needed Sabah and Sarawak to balance the bigger number of Chinese with the entry of Singapore into the federation.

True, Lee had no way of knowing that his island was going to be kicked out soon from the federation.

Had Sabah stayed out of the federation, Sarawak would have stayed out too like Brunei at the 11th hour and there would have been no Malaysia. Singapore would have in fact done well by itself, just as it has done since 1965.

There was no need for Lee to push for merger with Malaya but he did. His fear of a communist takeover of the island was much greater than other considerations including the welfare of the people in Sabah and Sarawak.

But Lee wanted the breathing spell that Malaysia gave him, albeit for two years, to enable him to consolidate the PAP's iron grip on the city state.

JOE FERNANDEZ is Malaysiakini's Sabah pointman who feels compelled to put pen to paper when something doesn't quite jell with his weltanschauung (worldview). He readily admits that there's a demon in him at times, urging him on.