Wednesday, March 10, 2010

N H Chan sees the next general elections as the only solution to an unsalvageable judiciary


judgingthejudges

Today, this learned judge stood up to expose, yet again another evidence of the prostitution of the Malaysian judiciary.

The hallowed halls of the readmore MAHATIR CULPRIT,The hallowed halls of the judiciary were stained 20 years ago,WHAT IS ALL WORTH FOR YOU?

In his latest scathing critique, he said the rakyat is “stunned by the ignorance of our judges of the highest court in the land”, as seen in the recent Federal Court’s decision not to review Anwar Ibrahim’s application to review its previous decision dismissing his application for disclosure of documents for his second sodomy trial.readmore Supreme Court judges do not seem to comply with internationally accepted standards for managing conflict of interest in cases
I read the judgement on the Federal Court judgement on Anwar's sacking as lawful. And going through the the sun paper CJ Alauddin stated that MALABARI SNAKE has the authority under the federal constitution to sack his cabinet minister. FURTHUR he sAID I quote " THE KING as a constitutuonal monarch was requird to act in accordnce with the advice of the prime minister.Good so far. However how come the judges in the Perak case of Nizar did not apply the same logic i.e that the sultan follow the advice of the MB. Now we have two laws one for the agong and another for the sultans. Please MR JUDges don't think the man in the street are fools. ONE LAW for BN and another for PKR. You judges are a disgrace to this nation and me an ordinary rakyaat can see the difference. You CJ and the rest of your monkeys on the bench will have to answer for all th foolish and incompetent judgements yr dishing out to please yr masters in BN. AS GOD is our JUDGE the whole pack of you right from the top downwards will pay the price and your day of reckoning is near.YR WEalth accumlatd here will not help when judgement day comes.Lastly yr places are in HELL and you will burn for all erternity. I Curse you for all the wrongs that you judges inflict on this country. Pl don't forget MR Hacks who I AM SURE IS IN HELL fire paying for his sins for taking the side of the DEVIL in sodomy I readmore PART1 judges are predators, not protectors use by ‘Malaysian Maverick: Mahathir Mohamad in Turbulent Times’,



By Martin Jalleh

HALL OF SHAME

Eusoff ChinMohd Eusoff Chin

DISGRACE#01 Mohd Eusoff Chin, Chief Justice of Malaysia from 1994 – 2000, subjected himself to the worst kind of corruption, by ‘tagging’ along lawyer V.K. Lingam on a family vacation in New Zealand in 1994. He subsequently lied to the Royal Commission of Inquiry on the Lingam tape scandal.

S. Augustine PaulS. Augustine Paul

DISGRACE#02 S. Augustine Paul, currently Federal Court judge, subjected himself to be a political whore when in 1998, while being a Kuala Lumpur high court judge, participated in the political conspiracy orchestrated by then prime minister Mahathir Mohamad. He put through a show trial of then-deputy prime minister Anwar Ibrahim and subsequently convicted the latter of sodomy and corruption. Among his notorieties, he allowed the prosecution to change the time of offence three times when Anwar’s lawyers provided the alibi.

Ahmad Fairuz bin Sheikh Abdul Halim
Ahmad Fairuz bin Sheikh Abdul Halim

DISGRACE#03 Ahmad Fairuz bin Sheikh Abdul Halim, Chief Justice of Malaysia from 2003 to 2007, was taped in the ‘judicial fixing’ scandal where he was heard in conversation with lawyer V.K. Lingam, on how to get Fairuz to be elevated as chief justice of Malaysia. He subsequently lied to the Royal Commission of Inquiry that he was not the other party in the said telephone conversation.

ridwanRidwan bin Ibrahim

DISGRACE#04 Ridwan bin Ibrahim, currently judicial commissioner of Ipoh high court, participated in the aftermath of Perak state coup by Najib Tun Razak. He first created the stir when he infamously ruled that five lawyers appointed by Perak State Speaker V. Sivakumar had no locus standi to represent Sivakumar. The astonishing ruling forced Sivakumar to be unrepresented effectively, as his ruling also stated that Sivakumar can only be represented by the state legal advisor, who has been shown to be colluding with the illegal menteri besar Zambry.

Ramly bin Hj AliRamly bin Hj Ali

DISGRACE#05 Ramly bin Hj Ali, currently a judge at the Court of Appeal, took side on the Perak MB vs. MB on May 12, 2009 when he alone heard the appeal from BN menteri besar Zambry and granted him stay of execution on the High Court ruling, which declared Nizar as the legitimate menteri besar. Ramly’s hearing the appeal alone was a serious departure from the norm of the Court of Appeal, which hears cases in panel of at least three judges.

Balia Yusof bin Haji WahiBalia Yusof bin Haji Wahi

DISGRACE#06 Balia Yusof bin Haji Wahi, currently a judge at Kuala Lumpur high court, dismissed on Apr 1, 2009, Perak state assembly speaker V. Sivakumar’s application to strike out summons by brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal.

Balia Yusof’s decision is a stark violation of the very fundamental of separations of powers, where proceedings in the Legislative Assembly of any State cannot be intervened by the court.

Alauddin bin Mohd. SheriffAlauddin bin Mohd. Sheriff

DISGRACE#07 Alauddin bin Mohd. Sheriff, currently president of the Court of Appeal, ruled on Apr 16, 2009 that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly. It is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.

Arifin bin ZakariaArifin bin Zakaria

DISGRACE#08 Arifin bin Zakaria, currently Chief Judge of Malaya, ruled on Apr 16, 2009 that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly. It is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.

Zulkefli bin Ahmad MakinudinZulkefli bin Ahmad Makinudin

DISGRACE#09 Zulkefli bin Ahmad Makinudin, currently Federal Court judge, ruled on Apr 16, 2009 that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly. It is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.

Nik Hashim Nik Ab. RahmanNik Hashim Nik Ab. Rahman

DISGRACE#10 Nik Hashim Nik Ab. Rahman, former Federal Court judge, ruled on Apr 16, 2009 that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly. It is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.

Mohd Zaki bin Md. YasinMohd Zaki bin Md. Yasin

DISGRACE#11 Mohd Zaki bin Md. Yasin, currently judge at Shah Alam High Court, presided the mock trial of Altantuya murder case, which eventually acquitted Abdul Razak Baginda, a close associate of then deputy prime minister Najib Tun Razak,



The integrity of the judiciary has been badly mauled by a legal lion who does not mince his words no matter how high or mighty a judge thinks he is. He has called a spade a spade and certain members of the judiciary an “incompetent” and even an “idiotic” bunch!

All the Chief Justice (CJ) and the judges in the Palace of Justice have managed to do is remain mum, mute and mumble amongst themselves as N H Chan methodically makes them out for who they really are and the mockery they have made of the law!

The respected, renowned and retired Justice N H Chan is very frustrated, fed-up and furious at how the judiciary which he had served so faithfully has been reduced to a farce run by those who are legal and intellectual frauds or what he has called “imposters”!

ALL SET, JUDGES IN PLACE the untouchable beautifully beastifully Rosmah to sent Anwar Ibrahim to jail Rosmah has no time to entertain ‘wild allegations’

Filed under: Uncategorized — fawas @ 3:39 pm Edit This

rosmah mansor
will the untouchable beautifully beastifull rosamah sent Anwar Ibrahim to jail?

rosmah mansor

Mansor is unperturbed by the many wild allegations hurled against her by hostile parties.
RELATED ARTICLE

If you think this is just Anwar’s problem, then, think again because if the justice system in Malaysia is damaged beyond repair, then, all Malaysians could be confronted with situations like Kugan, Anwar and a whole host of other abusive and life threatening occasions experienced by the less fortunate

With each passing compromised judgment N H Chan unhesitatingly hits out at judges with an increasingly sharper sting. He leaves no stone unturned, no errant judge uncovered. They can “no longer mask their hyperbole judgments with unintelligible garbage”.


“Fools on the bench”

In his latest scathing critique, he said the rakyat is “stunned by the ignorance of our judges of the highest court in the land”, as seen in the recent Federal Court’s decision not to review Anwar Ibrahim’s application to review its previous decision dismissing his application for disclosure of documents for his second sodomy trial.

N H Chan said the Federal Court’s approach to Rule 137 of the Rules of the Federal Court 1995 was “inconsistent” and “dishonest” and “those ignoramuses” were talking “utter nonsense”. Those “inane judges cannot even understand plain English”! He put it very plainly and painfully!

Calling the three-member panel of Justice Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Heliliah Mohd Yusof “incompetent”, he added “perhaps they were clowns as their statements were laughable”.

His searing criticism was that they “…do not know justice from injustice”, and that “such lowly individuals should never be allowed to sit on the seat of Justice…(and) to be judges at all. And yet there are so many of them in the judiciary today ever since the rot begun.”

He shredded into smithereens the “judicial renaissance” of the CJ: “Our country does not need impostors, who pose as judges, to deceive the common people any longer. The common citizenry can now uncover the impostors hiding beneath the mantle of the judicature.”

He laid bare the judicial sham: “With judges such as these in the Malaysian judiciary where, to them, the principles of the law are not to be consonant with justice to be manipulated by them to uphold injustice, it is no wonder that the errant judges have forfeited the confidence of the people. ”

He left them with a stinging slap in the face: “The general public does not respect such judges anymore! They have put themselves beyond the pale. Just like pariahs. Don’t you think they should be despised?”

On High Court judge Justice Mohamad Zabidin Mohd Diah’s rejection of Anwar’s application to have the judge recuse himself from further hearing the sodomy trial, N H Chan said that the judge was talking “utter nonsense” and “knew next to nothing about judicial bias”.

He added that the “moral of this unsavoury episode” is this: if you appoint mediocre lawyers to the Bench you will get substandard judges. The solution to this problem is a simple one. Appoint judges from the cream of the legal profession and you will not find me assailing the judges for incompetence simply because I will not be able to do so.”

Such was his cutting conclusion: “It is only when we have fools on the bench that I can point out that what they have decided is not the law.”

“Bunch of idiots in high places”

N H Chan had not spared the judges in the cases related to the Perak constitutional crisis of his very strong language when scrutinising their decisions (with the exception of Kuala Lumpur High Court Justice Abdul Aziz Abdul Rahim whom he had praised).

He highlighted the “bad” and “perverse” judgments, especially those in the appellate courts, the collective written judgements which were “riddled with contradictions” and how the Perak and Federal Constitutions were toyed with and trampled on by the judges!

During the Perak debacle N H Chan had said that there are “many of our judges today especially among those judges in the higher echelon of the judicial hierarchy who do not seem to know the true meaning of separation of powers in constitutional law. This is most apparent.”

He called some of the judges of the cases of the Perak imbroglio:

a) Bad judges – they “seem to think that independence means that they can do what they like”

b) Recalcitrant judges – “they think that words can mean whatever they want them to mean”

c) Humpty Dumpty judges – “they also think that they are independent of the legislature”.

N H Chan has brought to light how beholden the judiciary is to the Umno-dominated Government. He said the “so-called Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government.”

In the “shocking case” of Zambry v Sivakumar in the Federal Court, he called the judgment by the “infamous five” (judges) Alauddin Mohd Sheriff , Arifin Zakaria, Nik Hashim Ab Rahman, Augustine Paul and Ahmad Makinnuddin, a “perverse decision”.

In the case of Nizar vs Zambry he called the panel of five Federal Court judges made up of the President of the Court of Appeal Alauddin Mohd Sheriff, Chief Judge of Malaya Arifin Zakaria, Zulkefli Ahmad Makinuddin, Ghazali Mohd Yusoff and Abdul Hamid Embong, “myopic judges”.

They “were lost in a quagmire of confused thinking caused by their own incompetence. They found themselves deep in the forest unable to see the wood for the trees. Does this mean that we have a bunch of incompetent judges who sit in the highest court in the land?”

Alas, with the help of N H Chan the public especially those in Perak were able to see for themselves how members of the judiciary had left behind a dead constitution, “bad” and “perverse” decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards.

Blind and Biased Judges

N H Chan has “judged the judges”. He considers them, especially those in the appellate courts’ “ignorant”, “inane”, “incompetent” and even “idiots” (which he has strongly inferred).

The public shares his view. In their eyes the judiciary has allowed itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy.

In the light of the severe criticism of N H Chan of the judiciary (which is quite unprecedented by a retired judge), surely the Chief Justice cannot stand idly, silently and stoically by – unless Zaki Azmi strenuously, staunchly and solemnly agrees with him!

Further if Zaki continues to remain silent the public will assume that he shares N H Chan's searing criticism of the judiciary. Logically he would have to resign for he has allowed the reputation of the judiciary to be sullied irreparably.

The judicial shenanigans whom N H Chan has criticized and castigated should also resign for having shamelessly sacrificed justice on the altar of political expediency.

N H Chan’s comments on members of the judiciary have no doubt been bold, blunt and blistering. He has accused judges of being blind, biased and being a bunch of “idiots” and “fools”. He has thrown the gauntlet down.

If the CJ disagrees with N H Chan’s criticisms he should haul the former Court of Appeal judge into court and demand that the latter shows cause for why he should not be cited for contempt! Does Zaki have the guts to take up the gauntlet or will he prefer to allow the judicial circus to go on?

N H Chan has made no bones about it. His blitzkrieg on the judiciary will continue. “Bad guys” had better beware! He will ensure that their names remain in infamy for generations to come unless they recant the wrongs that they have done! He will even write their obituary and if they outlive him there will be others who will take his place!

N H Chan sees the next general elections as the only solution to an unsalvageable judiciary viewed by the public with greater suspicion, skepticism and even scorn. He once commented: “At the present time and judging by what we have experienced so far from the Perak takeover cases, the quality of most of our judges is suspect”.

“In the meantime what should we do with so many bad apples in the barrel? If only there could be a change in government in the next general elections with the opposition winning by a landslide. Then we could get rid of all the bad apples by Act of Parliament.”

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