Wednesday, August 27, 2008

Hear The Cries from The Graves of Our Founding Fathers

The Lingam tape had created a public impression that the Courts are controlled by the Executive arm. Most of the people do not know that it is the Prime Minister’s power to appoint the Chief Justice of Malaysia.

And is it wrong for the Prime Minister of Malaysia to receive suggestions and comments from people that who should be the next Chief Justice of Malaysia? No it is not. In fact, lobby groups are so strong in democratic countries like US. It is the PM’s own decision on who to appoint. Say, if the PM chose the judge which was recommended by a Mr Chong, he will surely brag about how powerful or influential he is and that the PM listens to his advice. Then, there will be a Chong tape, I suppose?

It is the portfolio of powers that is wrong, not Barisan Nasional and certainly not the Prime Minister who has the power to appoint the Chief Judge within legal means. Parliament should move a motion to remove this power from the Prime Minister and improve the selection process.

A Judicial Commission might seem good but I hope that the shortlist of the Judicial Commission will be given to the PM, Cabinet, and the Parliament of Malaysia for approval. This way, with so many checks and balances, the Courts will be fair, theoretically.

I have always believed in the Courts of Malaysia and so did Datuk Seri Anwar Ibrahim and his family. Datuk Seri Anwar Ibrahim (DSAI) was sentenced to jail for sodomy and abuse of power in the 1998-99 trial. DSAI served his jail term for abuse of power and sodomy but his sodomy charge was overturned a couple of years ago.

Yes. On that day, everyone screamed and hailed our Courts for being fair and just. But after that, the public and the Opposition slammed our Courts for being a “kangaroo Court” for our Executive arm.

Is that so? Then DSAI must be dragged to jail again because the verdict by the Court was influenced by the Executive arm, as claimed by the Opposition, until our Courts have been reformed and they are fair and just.

Or are the words “fair and just” a property right of DSAI only? I leave that to you to analyse. If you think that the Courts are not fair and just, then as a citizen of Malaysia, I place a great suspicion on the part where the sodomy charge was quashed a few years ago.

If the Courts are just and fair, then so be it. And we shall once again read the verdict carefully, which the general public does not know. He was released by the verdict of 2-1 at the Court that the prosecutors have failed to prove the case beyond reasonable doubts.

True. It might seem that he is innocent. However, the Court included the words, “To summarise our judgement, even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen.”

What DSAI must do now? Fight the Court’s sentence that agreed there were evidence of sodomy. But will DSAI do so? I don’t know if he can do so or not from the legal perspective, but assuming he can, will he?

Saiful took an oath at the mosque. He claimed he was sodomized and he swore on the Quran at the FT Mosque. According to my Muslim friend, with a very strong religious background, it is really something significant when a Muslim enters a mosque to take an oath.

And being a strong Opposition supporter, he was surprised why DSAI did not take up the challenge to just walk into the mosque and take the oath. So was I. Soon after, issues of that oath taking ceremony started to flow in and DSAI’s camp started questioning the appropriateness of taking the oath on the Quran. I shall not touch on that matter because I am not an Islamic scholar.

I am however surprised with PAS’ stand. PAS have always fought for hudud laws and an Islamic state and they hold true every word of the Quran. It seem as though the Quran are the principles that shape and build their lives.

But to defend DSAI for not taking the oath and to attack a fellow Muslim who merely had a “session with Allah” and swore on the Quran that he is telling the truth, is that justifiable from PAS?

Yes. A man with a wife, kids and a happy family with lots of friends does not seem to be a bisexual. No, not homosexual because he still has his wife. Malaysians seem to think that he is a homosexual. Perhaps that is because we have only been exposed to two extreme ends of sexuality. What about bisexuality? Has it crossed your mind? Maybe he is, maybe is not.

One of my friends said, “The sodomite von”. No. There is nothing wrong with his English. And we shall leave it there for each of us to interpret.

For the record, I have nothing against the Opposition parties. In fact, my blogging in the past have always been biased in support of forming a more formidable Opposition.

DAP has done well so far but I disagree with certain policies. What we aim for is unity and certain actions of DAP do not seem to go well with the Muslims. It is in the Constitution that Islam is the official religion of Malaysia.

With that I believe, it recognizes Malaysia as an Islamic country, with or without hudud laws. DAP must improve their domestic diplomacy to win the hearts of all Malaysians, otherwise, DAP will not go far but instead create further turmoil.

Moreover, DAP is in Pakatan Rakyat now with PAS and PKR sleeping on the same bed. PKR will surely not take any stand because in one hand, it is a party who screams a Malaysian Malaysia with no recognition of Malaysia as an Islamic state (when we already are) and in another is PAS where Islam is the main agenda. If DAP cannot convince their partner, PAS, on policies and form a Government together with PKR, under the umbrella of Pakatan Rakyat, then Pakatan Rakyat will crack one day.

And if PKR cannot convince PAS Youth about their policies or if PAS cannot get the backing from PKR and DAP on their objectives, then where will Pakatan Rakyat be in the future? It is indeed a very unstable partnership or coalition as opposed to Barisan Nasional.

Pakatan Rakyat must solve their internal affairs first. The problem is not only a “one voice, one policy” coalition. Look at the 2 Exco members in Perak. Just a few months in power and they are already getting charged by the ACA.

Yet the Opposition parties attack the ACA and condemning them for being so efficient when it comes to investigations of the Opposition. Well, what about the part where Pakatan Rakyat should admit their mistake in selecting the two and apologize to the public especially the duo’s constituency?

Wont that be a better political play since the public might say Pakatan Rakyat leaders are humble and acknowledge their mistake and will strive harder to serve the community?

And yes. Barisan Nasional must realise that their strategy in Malaysia’s political landscape is no longer practical. UMNO members should really stop the “ketuanan Melayu” issue where the Chinese and Indians seem unwelcomed in Malaysia although we all hold the same identity card. Or they will lose their comfortable seats and drag all other Barisan Nasional component parties along down to the bed of the ocean.

The people of all races were not happy with UMNO for their leadership style, policies and several fishy issues. The people of all races were not happy with other BN component parties for being “beggars” to UMNO. The problem lies in UMNO. And if UMNO do not slap themselves hard, then good bye UMNO. UMNO will sink and drag other BN component parties along. We will then hear cries from the graves of Parti Perikatan’s founding fathers.

We speak of the struggles of our founding fathers. We respected them highly and for the unity we showed to the British, we were granted Independence. Now, BN has failed the founding fathers. We will begin to hear cries from the graves of BN’s founding fathers.

UMNO needs to reform or they will face a big problem very soon especially when we have DSAI back in Parliament now and with the momentum of BN members leaving for Pakatan Rakyat. In challenging times like this, UMNO should realise who their true friends are – MCA and MIC.

These two parties remain loyal to Barisan Nasional coalition agreement. Gerakan is out of this because they are beginning to phase out from BN and I think it will just be a matter of time.

If UMNO fail to recognize these true friends and begin to be grateful and appreciative of their alliance called Barisan Nasional, then UMNO will soon find themselves in a dark corner all by themselves. Barisan Nasional must not forget that UMNO and MCA elections are coming up.

I expect a bandwagon effect where the heavyweights who suffer losses in the upcoming elections might consider leaving their respective parties and join DAP, PKR or PAS and bring along their supporters. You might call them sore loser but they are leaving a probable sinking ship.

And if the Captain of this ship still ignore the leak in the ship and make no attempt to fix it, then good bye. The cries from the graves of our founding fathers will haunt the leadership of BN especially UMNO soon.

A pretty interesting political landscape in Malaysia, don’t you think? We have yet to hear or clarify the claims from DSAI on his 6 boxes of evidence on BN’s wrongdoings, the “Port Dickson issue” of Datuk Seri Najib. We have yet to hear the clarification from DSAI on the origins of his political funds. And are we to see more family affairs than Pak Lah’s administration in Federal Government Cabinet when the Opposition takes over as they claim they will in September?

Nevertheless, congratulations Datuk Seri Anwar Ibrahim on your election victory. A win is still a win. Welcome back to the Parliament.

Malaysia, is truly Asia and entertaining.


Jimmy Tham said...

i'll comment bout this the moment i m doing with mye xam today =)

Jimmy Tham said...

1st part of your posting tries to lend its credibility by taking from example US's justice appointment system. You're partly right, US's president's recommendation still has to go through congress' approval but your conclusion of that part is right, we need more checks and balances. Rather be long than wrong.

You cannot blame others for their weak perspective on msia's judicial system when in your posting you have pointed out the same judicial system can find a person guilty and not guilty when there's no new evidence being produced to overturn the judgment. I'll never go and say how this could be done as I'm not the power that be.

You asked us to analyse Anwar's trial, and may I comment that my friend, wei liang, probably you're trying to protect mahathir's integrity when the previous court found that Anwar's guilty albeit in what was popularly known as trumped up charges by western media, but like you, I think it was a necessary evil. Again, the end justified the mean. Anwar has some time to repent and think in the jail.

I don't know if it is just me, but do you see most great people has their stint in jail or exile some time in their life?

from fidel castro, hu jintao, mahathir, mahatma gandhi and nelson mandela, maybe, sohai anwar really had changed and came up with this idealistic society for us.

i say give that sodomite a chance, between the 2 devils, no harm chosing the unknown. With BN as the opposition, I can see PR will be having a hard time anway. 2 party democracies.

replied earlier than expected. dun feel like studying la hia

Anonymous said...

So, things will be considered as settled should Anwar took the oath as demanded by Saiful? Charges will be dropped. People will stop any insinuation?

Lets say Anwar agrees. That for sure will be followed by UMNO leaders claiming Anwar willing to do anything for his political ambition.

This is no longer a country that is rule by law.

Anonymous said...

Has it ever law been the ultimatum in this country? ... sigh