Judge sets Anwar Ibrahim free

Malaysian opposition leader Anwar Ibrahim scored a legal victory Friday, his lawyer said, as a judge struck down the government's bid to shift his sodomy trial to a higher court.

Anwar fears the government will be able to manipulate the case more easily at the High Court, said lawyer Sankara Nair who hailed the ruling by a lower court judge as "courageous".

"We are very happy... this is rather refreshing that a judge has been able to make a decision professionally and judicially," Sankara told AFP.

"My client fears there will be judge-fixing, and there is good reason to fear that because we've been there before," he said of Anwar's trials a decade ago which saw him convicted of sodomy and corruption.

Those decisions were widely seen as politically motivated, and there has been a furore over the latest sodomy allegations against Anwar who says the government is trying to prevent him from seizing power.

Anwar, who is married and the father of six children, has rejected the allegations levelled by 23-year-old former aide Mohamad Saiful Bukhari Azlan who said he was sodomised in June.

The charges emerged after March general elections which saw Anwar's opposition alliance make huge gains, securing a third of parliamentary seats and five states in the ruling coalition's worst ever performance.

Anwar has said he has enough support from defecting lawmakers to seize power, but failed to meet a self-imposed September deadline to topple the coalition which has ruled for half a century.

Sankara said the government was very likely to appeal Friday's decision by Sessions Court judge Komathy Suppiah, but that if it does not intervene, the lower court will on November 14 set a date to begin the trial. -- Agence France-Presse - 11/7/2008 9:53 AM GMT

'Help us restore faith in judiciary'

PUTRAJAYA: Government employees, especially those in agencies serving the judicial department, were urged yesterday to help the government rebuild and restore public confidence in the judiciary.

Minister in the Prime Minister's Department Datuk Zaid Ibrahim said this had increasingly become a crucial task given the people's negative perception of the judiciary.

The de facto Law Minister said the people had very high expectations of the country's public service, particularly the judiciary.

Employees, therefore, must regularly evaluate the services provided to their target groups, he said at the excellent service awards ceremony of the Legal Affairs Division, the Insolvency Department and the Legal Aid Bureau. - NST

An amazing night when many miracles took place

An amazing night when many miracles took place

pix: Dr Wan Azizah greeting Abdullah Badawi at the Bar Council annual dinner Thursday night. — The Malaysian Insider picture by Choo Choy May
By Debra Chong
KUALA LUMPUR, April 18 — It was an amazing night at the Bar Council dinner at the JW Marriott Hotel in Jalan Bukit Bintang last night. Many miracles happened.
To start off, it was quite a sight to see members of the Barisan Nasional and the Pakatan Rakyat seated at the same tables without kicking up a fuss.
Namely, the VVIP table where Prime Minister Datuk Seri Abdullah Ahmad Badawi sat together with political arch-nemesis Wan Azizah Ismail and former Lord President Tun Salleh Abas.
One had grown too used to see one or the other lunging for the jugular in public (with the exclusion of Salleh), so much so that seeing them actually being amiable to each other and making small talk was disconcerting.
Then there was the Prime Minister's announcement that he was firmly pushing forward with setting up a Judicial Appointments Commission (JDA) despite the strong objections from his own BN fraternity. It was greeted with thunderous applause and hoots of approval from the 600-strong legal eagles.
And finally, his recognition and acknowledgement of the government's role that led to the tragic removal of Salleh, Datuk Seri George Seah and Tan Sri Wan Suleiman Pawanteh from office in 1988 and which plunged the judiciary into an age of darkness, so to speak.
Pak Lah's humble tone reached out to them and helped make a bitter pill a little easier to swallow. He said he wouldn't apologise, and didn't but the effort and courage it took him to get to where he was last night spoke volumes what he could not speak baldly in words.
As Zaid Ibrahim, the minister in the prime minister's office who had first mooted for a public apology from the government, put it: “(One) can say sorry in other ways.”
Better late than never?
The power of that love moved the minds and hearts of the people implicated directly or indirectly, those who suffered the brunt of injustice and those who were collateral damage — the families of the 3 judges rudely removed from office and the other 3 whose good names were besmirched, even though they were later reinstated. Full Story

Ex gratia payment not an apology, says DPM
CYBERJAYA, April 18 — The ex gratia payment announced by the government yesterday for six former judges involved in the 1988 judicial crisis is not a form of apology to them, Deputy Prime Minister Datuk Seri Najib Razak said today.
"The ex gratia payment is not tantamount to revisiting whatever that has been decided. It is not to be construed as any form of apology but this is our way of addressing some of their personal considerations and some of the personal experiences, hardship that they have gone through.
"That is all… so it is to be seen in that light. It should not be construed as anything beyond that," he told reporters after witnessing the signing of a joint-venture agreement between automakers Chery Automobile Co Ltd and Alado Corporation Sdn Bhd here.
The six former judges are Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed, Datuk George Seah, and the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh,
Yesterday, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced that the government, apart from making the ex gratia payment to the six former judges, would set up a Judicial Appointments Commission to nominate, appoint and promote judges in a transparent and representative manner.
On the members of the commission, Najib said it would be discussed at a later stage.
"I think it (setting up of the commission) is a significant step forward because the reform or changes announced by the prime minister yesterday means that the government is aware that we do need to ensure that our judiciary has the highest reputation and that the judiciary system in the country can perform in terms of deciding on cases in an expeditious manner and that judges of the highest integrity and capability are appointed at the various levels.
"The formation of this commission, it must be emphasised, is only in an advisory capacity. The final authority still lies with the prime minister to make the formal recommendation to the Yang di-Pertuan Agong and the Conference of Rulers.
"It is a very significant step forward because it means that the prime minister will have the benefit of a group of very learned, eminent people to give their opinions on the suitability of appointing personalities into the various positions in the judiciary," said Najib. Full Story

REDEMPTION: Ghost of 1988 put to rest - A new dawn for the judiciary and for the country has begun.

R__E__D__E__M__P__T__I__O__N !
JUSTICE - ‘THE events of 1988 were an upheaval of the nation’s judicial system, a time of crisis from which the nation never fully recovered… The judicial must be revitalized to enable it to serve the people. It must be the guardian of the Constitution and sentinel of the people’s rights… I have abided, and will continue to abide, by the principle of the separation of powers, leaving matters of justice to the judiciary… A revitalized and restored judiciary… An independent and credible judiciary… A TRUSTED JUDICIARY…’ – Datuk Seri Abdullah Ahmad Badawi
HONOUR - Tun Salleh Abbas and five other judges, who were victims of the 1988 judicial crisis, awarded goodwill ex gratia payments as a heartfelt gesture to mend the ‘pain and loss’ they suffered…
PM PUTS GHOST OF 1988 TO REST: Announces reforms to revitalize judiciary
Standing ovation for PM's speech at Bar dinner - KUALA LUMPUR: A new chapter for the Malaysian judiciary has begun.
One: A Judicial Appointments Commission will be appointed to nominate, appoint and promote judges in a transparent and representative manner.
Two: The 1988 upheaval of the judicial system is laid to rest with acknowledgement of "the pain and loss" suffered by the late Tan Sri Eusoffe Abdoolcader and Tan Sri Wan Suleiman Pawanteh and their families, Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah Mohamed Salleh and Datuk George Seah.
Full Story
Full text of PM's speech - SPEECH BY DATUK SERI ABDULLAH AHMAD BADAWI, PRIME MINISTER OF MALAYSIA, AT THE MALAYSIAN BAR COUNCIL DINNER ON APRIL 17, 2008:"DELIVERING JUSTICE, RENEWING TRUST"
Need to rebuild integrity of judiciary - KUALA LUMPUR: Malaysia will never again see judges punished and thrown into ignominy and shame for doing their rightful job. This is the hope of Minister in the Prime Minister's Department Datuk Zaid Ibrahim. Full Story
Bar Council applauds move - KUALA LUMPUR: The Bar Council was over the moon when the prime minister announced the impending formation of the Judicial Appointment Commission. Full Story
1988 crisis triggered by 'Umno 11' after party polls - THE 1988 crisis can be traced back to the 1987 Umno election when 11 members sought to nullify the party election results after the then Umno president and prime minister, Datuk Seri Dr Mahathir Mohamad (now Tun), retained his post. Full Story

JUDICIARY UNDER RESTORATION

JUDICIARY UNDER RESTORATION: Sweeping changes soon
PUTRAJAYA: The prime minister will soon announce sweeping changes in the judiciary, which include the setting up of a commission to appoint and promote judges. Minister in the Prime Minister's Department Datuk Zaid Ibrahim said details of the reform measures were still being finalised and covered the separation of powers, vesting of judicial powers with the courts and appointment of judges in a transparent manner to restore public confidence. "The prime minister will announce the principles that the government will adopt. It will be unveiled sooner than you think," he told reporters after chairing a post-cabinet meeting here yesterday. Zaid, who is in charge of legal affairs, said some aspects of judicial reform needed further study. "Whatever laws passed towards reform will be done after it is agreed by all the stakeholders in the judiciary," he said. Zaid said he was glad for the support from Regent of Perak Raja Nazrin Shah and Chief Justice Datuk Abdul Hamid Mohamad for the government to undertake reform. Full Story

Government to redeem sacked judges PUTRAJAYA: The government is not in favour of an apology but will try to redeem the judges sacked in 1988, the prime minister said. Datuk Seri Abdullah Ahmad Badawi said the question of an apology for the judicial crisis did not arise. "However, there must be ways to restore the position of (the then lord president) Tun Salleh Abbas. We have not gone into details yet but we will be discussing the matter." He was asked whether the government would apologise to the judges. "I do not see why we should apologise but let us decide when a cabinet paper on the matter is presented." Full Story

No offensive comments, Abdul Hamid tells judges PUTRAJAYA: Judges should be careful about making comments on prosecuting officers and the quality of police investigations, Chief Justice Datuk Abdul Hamid Mohamad said. "Judges shouldn't be making unnecessary remarks openly in court. In anything that you do, there's always a way of doing it," he said yesterday. Abdul Hamid said it was important not to "blast out in court". "You have to maintain good relationships," he added, speaking after a closed-door forum involving the judiciary, police, Attorney-General's Chambers and the Anti-Corruption Agency, held as part of the annual Judges' Conference. Abdul Hamid did not elaborate on the type of comments he meant, but it is understood he was referring to past statements by judges on the quality of police investigations, the competency of public prosecutors and the character of litigants, or parties to a case.Full Story

Justice is all, Zaid tells budding lawyers KUALA LUMPUR: Never lose sight of the meaning of justice. "The meaning of the word should be instinctive and as budding lawyers, that is an instinct you should possess," he told the room packed with students hanging on to his every word. Zaid, who turned 57, was invited by the UiTM Law Faculty yesterday to celebrate the recognition of the UiTM Bachelor of Legal Studies honours programme by the government. Full Story

DAP, MCA all for setting up of judicial commission
KUALA LUMPUR: The MCA and DAP have come out in support of the call for the setting up of a commission to handle judicial appointments and promotions of judges. Full Story

Reforms: Raja Nazrin's call for judicial body timely: THE call by the Regent of Perak Raja Dr Nazrin Shah on the formation of an independent judicial commission is urgent and timely. As he points out, the judiciary was at its best 20 years ago, and now it needs what he calls a judicial renaissance. I applaud his call as the judiciary is at its lowest ebb. Many judicial decisions over the past 20 years have been questionable. If indeed this government heeds the call by Raja Nazrin for reforms in the judiciary, it should form a judicial commission on the appointments and promotions of judges.

Once a judge, now in the dock accused of falsifying document It was an awkward situation for Zunaidah Mohd Idris today when she entered the Sessions Court. She was the accused in the court where once she had been the presiding judge. From 2004 to 2005, she sat on the bench as the Sessions judge. But today she had to wait at a seat meant for the accused before being called to stand in the dock. Full Story

JUDICIAL RENAISSANCE

Raja Nazrin: Time for judicial reform

'THE time is right to review the way judicial appointments and promotions are made... The present climate provides an excellent opportunity to press on with the needed changes and the first step must be to ensure that power is once again vested in the judiciary... The judiciary must be restored to the position it had in the Constitution, from the time of Merdeka until 20 years ago. Unless that is done, the doctrine of separation of powers, which underscores Malaysian democracy, will remain effectively muted... The recent general election ushered in a host of changes and new political realities. It sent a clear message that we cannot continue on a course of ‘business-as-usual’... MALAYSIA NEEDS A JUDICIAL RENAISSANCE...’ -- MORE

PM to reveal measures on judicial reform: PUTRAJAYA (April 10, 2008): Prime Minister Datuk Seri Abdullah Ahmad Badawi will announce the steps being taken by the government towards judicial reforms "sooner than most people think", Minister in the Prime Minister’s Department Datuk Zaid Ibrahim said today. He told a press conference Abdullah is committed to the reforms and there is no need to doubt or question his commitment on the matter. -- MORE

No Need For Govt To Apologise To Salleh Abas, Says Abdullah: PUTRAJAYA, April 10 (Bernama) -- The government need not apologise to former Lord President Tun Salleh Abas, but will look at ways to make up to him, said Prime Minister Datuk Seri Abdullah Ahmad Badawi. "Actually, what is important is for us to have a way to make amends for him," he told reporters after chairing a meeting of the National Council of Islamic Religious Affairs here Thursday. The Prime Minister said this when asked about the government's stand on the suggestion by Minister in the Prime Minister's Department senator Datuk Mohd Zaid Ibrahim that the government apologise to him and two other judges over their sacking during the judiciary crisis of 1988. -- MORE