Odor in the court: The stink of judicial hypocrisy But it is not just civil society that is being irreverent to judges
, the Supreme Court threw out yet another petition seeking to reinstate L K Diverse interpretations of conspiracy
We just don’t seem to get it. The normal standards of accountability don’t apply to judges. We are unable to grasp their argument that, much as it is desirable in other institutions, transparency in the judiciary will compromise its independence, a larger constitutional value. Hence, we persist with the folly of expecting judges to be swept away by the wave of transparency triggered Justice is blind because it needs to be;a form ofbastardised bureaucratised justice.
Advani as an accused in the trial of the conspiracy to demolish Babri Masjid. This is despite a host of circumstances pointing to the probability of Advani, NDA’s prime ministerial candidate in the upcoming election, being involved in the conspiracy. Not the least of which was his notorious rath yatra in the run-up to the demolition. And the testimony of the IPS officer in charge of his security, Anju Gupta, stating that his speech on the spot minutes before the demolition had added fuel to the fire.
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On February 13, in the first of the Nithari serial killing cases to be decided, a trial court pronounced death sentence on Moninder Singh Pandher for a murder that took place when he was far away in Australia. And for the murder of a girl who he did not even know. As the prosecution admitted, there was no evidence to suggest that it was at Pandher’s instance that his servant Surender Koli had raped and killed 14-year-old Rimpa Haldar, the victim who lived in a slum near his house. Yet, Pandher was held to be a conspirator mainly because his sexual profligacy was found to have brought out depravity in his servant.
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The two interpretations of criminal conspiracy could not have been more different: ultra liberal in the case of Advani and stretched in the case of Pandher. Neither interpretation seems justified in the given facts and circumstances. Both the interpretations raise questions about the rigor and detachment with which the judiciary at all levels performs its job. One way of coming to terms with this distinction is to re-adopt the outdated notion that king could do no wrong. Going by his logic The battering ram strategy projected by Anwar Ibrahim’s legal team against the legal version of the ‘Stonewall Jackson’ tactics of the prosecution enters its latest phase at the Court of Appeal today.High Court justice Mohamad Zabidin Mohd Diah As if that were not bad enough, the statement is cheeky enough has accepted that there is a material contradiction between statements made by Saiful that the alleged sex between him and Anwar was non-consensual and the actual charge against Anwar which holds that he had consensual sex against the order of nature.While agreeing that there is a contradiction, Justice Zabidin has however ruled it did not merit compelling the prosecution to release statements and reports made by Saiful to the investigating officer.The norm in matters like this is that all statements and reports pertaining to the charge are made available to the defence once charges have been preferred.A watching public is being asked to believe that this departure does not vitiate the government’s claim that Anwar is being accorded due process of the law.The script is something like this – the judge will throw DSAI (Datuk Seri Anwar Ibrahim) into jail and let him serve the full term. By then, Prime Minister Najib Razak would rule in peace and then after two decades of looting the rakyat’s wealth, DSAI will be found innocent by an appellate court – just like in Sodomy I.
The decadence of our judiciary is glaring for all to see and witness. Before there is a total collapse of our justice system, let us all fellow Malaysians act immediately.
What Karpal Singh asked is a basic fundamental right of all citizens of the world, not just Malaysia. Yet that basic right has been denied. In other words, our human rights are being mutilated by our own courts, by our sacred institution – the judiciary.
S. AUGUSTINE PAUL
S. Augustine Pauljustice is subjective. If I recall my Political Science class “US Legal System” years ago, only 10 percent of cases go to trial. The rest 90 percent result in plea bargain, this is because lawyers ( gatekeepers to law system) are expensive.
S. AUGUSTINE PAUL
S. Augustine Paulrelated articlesThe malaysian governtment did the unthinkable, Augustine PauL Federal Court judge GOT THIS POSITION TRU corruption
It is clear that the only way Malaysians are ever going to get justice and an independent judiciary is a change of government.
Look the Anwar Ibrahim case. Why is the prosecution so afraid to provide the police statements by Mohd Saiful Bukhari Azlan? Only if you have something to hide and not standing straight that you are afraid. This is a trial by ambush. They are waiting for the defence to say their piece and then change the statements accordingly.
Where is the transparency?
“This appears to be what Anwar’s lead counsel Karpal Singh and his team is up to, scouring every wall that the prosecution has placed in their path.”
The writer has to appreciate that it is just the working of our judicial system. It is adversarial in nature. We are stuck with this adversarial system however imperfect it may be until we come up with something better.
Two lawyers in court are just like two gladiators in a public arena battling it out with sword and shield. The lawyer uses both ‘sword’ and ‘shield’. The ‘road block’ the writer is referring to is the ‘shield’.
The system is adversarial in nature and the hope is that the party who has the law on his or her side will win in the end. Miscarriage of justice happens all the time as the system is not perfect. Sometimes a guilty party walks free. It is better than a few criminals get to walk our streets rather than have an innocent party incarcerated for crimes he did not commit languish in jail.
The script is something like this – the judge will throw DSAI (Datuk Seri Anwar Ibrahim) into jail and let him serve the full term. By then, Prime Minister Najib Razak would rule in peace and then after two decades of looting the rakyat’s wealth, DSAI will be found innocent by an appellate court – just like in Sodomy I.
In the case of countries like Malaysia, the jury system offers the best protection against the kind of ‘miscarriage of justice’ that we are seeing lately. Do you think a jury of his peers numbering twelve from all walks of life, race, occupations, political affiliations, sexual orientations etc would deliver a guilty verdict against Anwar for sodomy?
Don’t get me going by talking about our judges! Many are unfit to be sitting on the Bench.
Justice is blind because it needs to be; otherwise it would see too much. It needs to be detached from too much context. Just as it does not spare the guilty whatever their station in life, it does not punish anyone more than what is prescribed.
And from USA comes a development which is highly germane. Former New York Police Commissioner Bernard Kerik is expected to turn himself in Monday to begin a 48-month prison sentence. Kerik was sentenced in February after he pleaded guilty to charges of lying to Bush administration officials who vetted his unsuccessful 2004 nomination for homeland security secretary. Kerik,54, pleaded guilty in November to tax fraud and six other felonies.
Simultaneously, in India, we have the bizarre incident in Pune in which the Deputy Home Minister of Maharashtra, Ramesh Bagwe is alleged to have sworn a false affidavit to the EC when he filed his nomination for the assembly seat there, hiding a criminal background. Pune police officially say that the Minister has a large number of cognizable offenses registered against him which were not disclosed in the affidavit………..Now cacophonic party politics has taken over, which will detract the main issue.
Do we have any hope? Perhaps not in the foreseeable future, that is, not unless many people like THE TAXIDRIVER AND RAJA PETRA write many blogs of this type, and many of us jump in & debate and discuss and put one hell of pressure for changing the system.
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