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Trying Times for M'sian Gov. in Courts
By Jalil Hamid
12/6/2001 4:33 pm Tue
[Kerajaan nampaknya semakin tercabar sekarang ini berikutan
keputusan bersejarah Hakim Hishamuddin mengenai ISA dan hakim
Muhammad Kamil mengenai pengundi hantu. Dollah Badawi nampaknya
seperti menghina mahkamah dengan menyumbat 3 aktivis ke Kamunting
dan cuma membebaskan dua sahaja aktivis (Raja Petra dan Pak Din)
selepas Gobalakrishnan dan Ghani terpaksa dibebaskan oleh mahkamah.
Polis sekarang ini berdepan dengan Hakim Dzaiddin sendiri yang telah
masuk campur. [Rujuk KM2 4655: Lapuran AP]
Sekarang isu rawatan luar kepada Anwar bergegar kembali kerana
kerajaan sebenarnya tidak berhak (mengikut undang-undang) untuk
menyekat Anwar daripada mendapat rawatan luar. Kerajaan BN/Umno
mungkin akan teraib dan kecundang juga di sini kerana Suhakam
sendiri menyetujui rawatan luar ini. Sekali lagi jika hakim yang
adil mengadili kes ini Mahathir akan teraib dan lebam lagi.
10 Jun 2001
Trying times for Malaysian government in courts
By Jalil Hamid
KUALA LUMPUR (Reuters) - Twice in 10 days the Malaysian government has found
itself uncharacteristically on the wrong end of a judge's ruling, cheering
critics who have doubted the independence of the country's judiciary.
On Friday, a judge in the far-flung eastern state of Sabah, on Borneo
island, annulled a ruling coalition candidate's victory in a state assembly
constituency during elections two years ago.
It was proved names of non-existent voters and foreigners appeared on the
On May 30, a judge in Shah Alam, near Kuala Lumpur, freed two opposition
activists locked up under the dreaded Internal Security Act (ISA), which
allows detention without trial.
In between, the government was also told it had no legal right to stop
jailed former Finance Minister Anwar Ibrahim from going abroad for surgery
on a slipped disc which has confined him to a wheelchair.
Prime Minister Mahathir Mohamad has brushed off the rebuke from the
Malaysian Human Rights Commission, known as SUHAKAM, but its recommendation
still surprised critics who had thought an agency established by parliament
a year ago lacked backbone.
In the latest upset for the authorities, the Sabah judge, Justice Muhammad
Kamil Awang, said he ignored a telephoned instruction to drop the case
without a hearing.
"God has given me the strength and fortitude, as a lesser mortal, to act
without fear or favour, for fear of a breach of oath of office and sacrifice
justice, and above all to truly act as a judge and not a "yes-man","
Muhammad said in his ruling.
Opposition leaders and legal experts praised Justice Muhammad, who retires
next month, while Deputy Prime Minister Abdullah Badawi said the Barisan
Nasional coalition accepted the judge's decision.
"The judgment...is yet another triumph for the resurgence of judicial
independence in Malaysia," said Param Cumaraswamy, the United Nation's
special rapporteur on the independence of judges and lawyers.
"The judge's remarks, amongst others, on the telephone directive he received
to strike out the petition are profound," he said in a statement.
Cumaraswamy had also been fulsome in praise for Hishamudin Mohd Yunus, the
judge who released two Anwar supporters.
Hishamudin blasted the police, reminding them they were answerable to the
constitution, and not the ISA.
He also called for parliament to review whether a law framed during British
colonial rule and used against communist insurgents during the early years
of independence, was "really relevant to the present-day situation" in
While Hishamudin won widespread plaudits, one of Mahathir's advisers said he
went too far in calling for a review of the ISA.
Chief Justice Mohamed Dzaiddin Abdullah vowed to restore battered public
confidence in the judiciary when he took office in December.
The main cause celebre for the opposition, aside from Anwar himself, has
become the abolition of the ISA.
The authorities locked up 10 pro-Anwar activists in early April, accusing
them of planning a campaign of violence to topple the government.
The authorities freed two men after Judge Hishamudin had freed the first
two, but Badawi has given the police clearance to hold four others for up to
two more years. The authorities have not said what they intend to do with
the two other detainees.
Anwar is serving 15 years for s###my and corruption convictions he says were fabricated to stop a challenge to Mahathir. The prime minister says all Anwar's trials were fair.