Thursday, May 13, 2010

Sham sodomy trial won't fool anybody


Sham sodomy trial won't fool anybody
Ashvin Raj | May 12, 10 3:20pm

I refer to the report on PM accused of plotting Anwar sodomy trial where PM Najib has been implicated in this shameful conspiracy to frame Anwar.

The rot in the Malaysian judiciary started in 1988 by the then PM, Dr Mahathir which was perpetuated by his successors like Pak Lah and Najib to secure their political hegemony. Our system of justice which was once held in high esteem internationally prior to 1988 has been destroyed by Dr Mahathir.

Justice has sunk so low that it has reached rock bottom and lost the respect of well-meaning Malaysians who must be disgusted with the latest sodomy trial against Anwar.

Even an ordinary layman, who has not studied law, would make better ‘judges’ that the ones sitting on the bench. They would know that this charge is nothing but a conspiracy to remove Anwar Ibrahim and hope that Pakatan Rakyat will lose its direction and collapse without his leadership.

It is obvious from this sham sodomy trial that the judiciary no longer commands the confidence of the citizens and will not as long as the sodomy trial on Anwar persists with the aim of diverting attention away from other pressing issues such as corruption and the long list of deaths at the hands of the police.

Judges seem to deliver judgments to please the executive rather than satisfy the requirements of impartiality in the interest of justice. The sodomy trial on Anwar is nothing but a waste of time and judicial resources with the sole intention of serving a political purpose.

By right, there should not be any form of interference by the executive in the Anwar sodomy trial if justice is to be done.

But it seems like justice will never be manifestly seen to de done, as long as the prime minister has ways to manipulate our system of justice where past history has proven that.

1 comment:

George Yong said...

http://en.wikipedia.org/wiki/Judicial_review_in_Malaysia

"Judges are empowered to declare laws or executive actions ultra vires if they clashed with the Constitution and/or the parent legislation. However, this power was curbed after the 1988 Malaysian constitutional crisis by then Prime Minister Mahathir bin Mohamad through amendments to the Federal Constitution.[1] A particularly significant amendment was the removal of the judicial power and subjecting the judiciary to such jurisdiction and powers as may be conferred by or under federal law.[2] The merits of detentions made under the Internal Security Act are also not subject to judicial review, but the procedures are.[3]"

I lack any knowledge of this area, but it feels as if Mahathir had no excuse. Might we want to give our judiciary back the power she once had back in 1988?