By Charles Hector

Nizar -v- Zambry… the problem was that many Malaysians (and others) already predicted the over-turning of the High Court decision by the Court of Appeal. Even, if the Court of Appeal affirmed it - people will expect the Federal Court to re-instate the BN man as the Menteri Besar as Perak…

This fact is bad…this perception of the Malaysian Judiciary is bad…and that is why we need to look again at our Malaysian Judiciary and see what needs to be done to cultivate again a Judiciary that is independent and impartial…

There really must be more checks and balances to ensure the independence of the judiciary…

a) Judges pay & pensions

There really is a need to increase the monthly wages of judges - and to re-look at the pension scheme. The current pension scheme for judges is really bad - for not only does a Judge lose all his ‘allowances’ and benefits, but he also not even assured of 50% of his last drawn salary. WHY? Because judge’s pensions are determined and calculated by a odd formula that looks at the number of months that the judge has sat on the Bench. Hence, the worry about the future …how will I survive after my retirement?

And guess what? The rich companies and the UMNO-led BN government can provide a solution for many judges…and this is not right.

Well, retired Judges could be appointed to become Human Rights Commissioners, or some other Commission members…a Consultant here and there… and these pay. They can also be made Directors, and will receive some Director’s allowances. They could also be made Consultants in some ‘big law’ firm, and I heard they pay about RM50K a month..

The point is judge’s independence can be compromised - and the so9lution may be Higher Pay for judges, and a Higher Pension.

Maybe the monthly pension should be 100% of last drawn salary (less allowances & benefits). Maybe every retiring judge should be paid RM250,000-00 and given a new car of a defines value, and this should be stated in written law.

b) Get rid of that ‘contract Judge system’ or probation judge system - the Judicial Commissioners. Just appoint them straight as judges…so they enjoy all that as been put in place to ensure independence. Remember security of tenure is one such safeguard.

Come take a 2-year contract as a Judicial Commissioner, and we will see. If you perform well, maybe we may appoint you as a Judge. [Hence, for 2 years, many judges may 'perform well' - being pro-BN and maybe even pro-BN related companies and persons...so that they be appointed Judge. After all to be not made a Judge after being Judicial Commissioner can be a rather embarassing. .

This system of probation and 'short term contract' may also deter the better persons from accepting appointments as Judges...

c) Transfers and Elevations
- that is also a another tool that can be used to control Judges. If you do not 'tow the line' or do as expected [or maybe instructed], then you may be transferred and kept in some ‘ulu’ High Court. Sent them off to Tawau…etc.

- Similarly, if you do not tow the line - you may never get elevated…

- the appointed of former UMNO lawyer straight to become a Federal Court Judge, then No. 2 in the Judciary and now No. 1 in the Judiciary tends to demonstrate this bias..- see earlier postsFight Corruption in Courts - Get rid of corrupt Judges and court staff…and Zaki Azmi ,

- Augustine Paul of the infamous Anwar trial…went up rather quickly? Rewarded for good job done? Maybe …maybe not.

Hence, the need for an independent commission to not only appoint judges, but to also look into the issue of transfers and elevations. Maybe candidates under consideration should be made known to the public, and time be given to the public to raise reasons why this person should not be made a judge…

Previously, when you just become judge you are sent to the far away courts …and then you do the circuit…and finally return to KL …thereafter elevated to the Court of Appeal…and so on. Maybe, something definite like this should be set out…

But SAFEGUARDS to ensure the independence of Judges all are of no use if the persons appointed as Judges are already ‘bad apples’…

How, then do you reform the Judiciary?
Maybe, we have to get rid of all the Judges…
and re-appoint new persons as Judges…that may be the only solution…
Why? The ‘existing’ judges may already be corrupted… already sold their independence, and it is near impossible to weed out which is bad and which is not…

Any other ideas?

I refer to the newly-launched KL Traffic Dispersal “Master”plan which has nothing “masterly” about it.

The key features of the plan include ramps, underpasses, elevated interchanges, and one-way streets.* This* is going to help us turn KL into a livable city?

FT Minister Datuk Raja Nong Chik Raja Zainal Abidin said the two projects were being carried out in accordance with the Prime Minister’s wish to provide a better living for KL citizens and in line with his concept that the *“people come first.”*

People come first in this plan? Not in KL, that’s for sure. It is clear that this plan is putting the car first, people last.

Instead of building up the quality of life in the city, it seems that the government is focused on tearing down the quality of life – with more construction, more traffic, more noise and more hassles.

Why is any of this necessary? Because of traffic congestion in KL? Because of bad public transport? Or because of this unrealistic idea that everyone from the suburban areas can and should be able to drive into the centre of KL – all at the same time – and not face any congestion.

These plans are simply unbelievable – not to mention unrealistic in the long term. The action of the government in designing these plans and launching them without real, effective public consultation is total shame. Contacting a few area Residents Associations and telling them what you plan to do is
not public consultation - and for a plan this big in scale, the whole city should be involved.

I do note that they have made a tiny concession to public transit though – they will have 1 lane of Jalan Tun Sambanthan as a bus lane. Of course, anyone who spends time on Jalan Tun Sambanthan will quickly realize that this bus lane will be as ineffective as all of the others in KL.

KL will not be an enjoyable, comfortable or livable city if these developments go through. It will not be a place where people come first.

But then, maybe it never was.

Sadly

Moaz Yusuf Ahmad
Subang Jaya, Selangor

KOMENTAR DATUK SERI DR. WAN AZIZAH WAN ISMAIL
MENGENAI KEKECOHAN DI DEWAN UNDANGAN NEGERI PERAK

Kurang daripada dua bulan setelah menjawat jawatan Perdana Menteri Malaysia, Najib sudah menggadaikan slogan beliau sendiri – ‘1Malaysia: Rakyat Didahulukan, Pencapaian Diutamakan’. Kini amat jelas bahawa slogan itu hanya suatu gimik politik, dan beliau tidak menghormati rakyat langsung.

Apa yang dilakukan oleh wakil-wakil BN pagi tadi merupakan satu konspirasi terpendam dan berbahaya yang dirancang oleh Najib untuk memusnahkan demokrasi di Negeri Perak. Lagipun, penggunaan mahkamah dan polis untuk campur tangan dalam hal ehwal di bawah dewan undangan negeri adalah jelas suatu percanggahan doktrin pemisahan kuasa yang diiktiraf oleh setiap kerajaan demokratik.

Malah, tindakan membawa masuk polis ke dalam dewan untuk mengheret keluar Speaker V. Sivakumar adalah satu perbuatan jenayah.

Persidangan di Dewan Undangan Negeri Perak hari ini adalah sangat memalukan dan merupakan titik hitam yang terbaru dalam politik Malaysia.

Rakyat negeri Perak telah memilih wakil-wakil mereka dalam bulan Mac 2008, tetapi Umno-BN tidak mengikut peruntukan Perlembagaan untuk menjatuhkan kerajaan Pakatan Rakyat yang sah. Rakyat negeri Perak tentu akan menuntut Najib untuk bertanggungjawab di atas peristiwa hitam dalam sejarah negeri itu.

DR WAN AZIZAH WAN ISMAIL
Presiden Parti Keadilan Rakyat

The members of TRANSIT were happy to note that Malaysian Prime Minister Dato’ Seri Najib visited the Masjid Jamek/Masjid India area of Kuala Lumpur today to carry out another of his turun padang weekends.

His visit to the area was notable for his use of the LRT. And while it is nice to see the Prime Minister of Malaysia taking a look at what public transport is like, it would be better if Dato’ Seri Najib took a look at the congestion and problems related to the bus service.

If only he walked a little further to Lebuh Ampang, where he could see the bus congestion there, or Jalan Tun H.S. Lee where the Metrobuses are treating the area like their very own parking garage. Perhaps he could have walked a little further to the Pasar Seni LRT station, which is also the site of Pasarama Kota, the “Klang Bus Stand” and the unofficial “Seremban bus stand”.

If Dato’ Seri Najib had taken a look at these areas, then perhaps he would have a better understanding what is wrong with public transport.

One wonders what Dato’ Seri Najib was thinking when he walked by the Masjid Jamek Plaza, a costly structure that took too long to built and has done little to improve the connections between the two LRT lines. Perhaps he wondered why the LRT had no lift, or why he would have to go all the way down to Jalan Tun Perak and cross that very busy road if he wanted to access the other platform. Perhaps he was a little unhappy because he had to stand on a Saturday. Or perhaps he was happy to see people using public transport.

It is likely that we will never know what Dato’ Seri Najib was thinking. We can only hope that the visit gives him a better understanding of public transport - and that he takes a real visit to see what the bus facilities are like in this country.

KL Sentral, Puduraya, Pasarama Kota would all be great places to start and the members of TRANSIT would be happy to be there and point out these issues to him.
Sincerely

Moaz Yusuf Ahmad

on behalf of TRANSIT

We need to abolish the Death Penalty in Malaysia.

We need to immediately commute all executions in Malaysia - in compliance with the UN General Assembly Resolutions of 2007, and 2008..

On 18 December 2007, the UN General Assembly endorsed a resolution calling for “a moratorium on executions” by an overwhelming majority: 104 votes in favour, 54 against and 29 abstentions. - RESOLUTION 62/149

On 18 December 2008, the United Nations General Assembly adopted a second resolution calling for a moratorium on the use of the death penalty.- see earlier post :- Malaysia executes - hours after passing of 2nd UN Resolution asking for stop of all executions

All death sentences should be commuted to life imprisonment in Malaysia…just like what the Malaysian government is now asking for China to do for a Malaysian.

The Malay-sian Government has sent an appeal to its Chinese counterpart for Ong Kim Fatt, who is on death row in China, to be granted clemency, Deputy Foreign Minister Datuk Lee Chee Leong said.

“We have sent a letter to the Chinese government appealing for Ong’s death sentence to be commuted to life imprisonment,” Lee told a press conference at Wisma MCA yesterday.

He said the Malaysian Embassy there had also been appealing to the Chinese court to reconsider Ong’s death sentence, the first such sentence for a drug offence in China since World War Two.

“We want to remind all Malaysians to respect and abide by the laws of the countries they are travelling to,” he said.

Ong, 44, was found guilty of trafficking 13 packets of heroin weighing 1,480gm at the Xiamen Gao Qi International Airport on Sept 19, 2007.

Earlier last week, MCA Public Services and Complaints Department head Datuk Michael Chong sought the Foreign Ministry’s help to obtain clemency for Ong, who was supposed to face the firing squad in February.

However, the execution was postponed to April 29 to allow him to fulfil his last wish of meeting his siblings.

MCA Bukit Bintang chairman Datuk Dr Lee Chong Meng, who was also at the press conference, said he would accompany Ong’s brothers, Hock Hooi, 38, and Hock Kiang, 41, to China on April 27 to meet Ong and hopefully get his clemency appeal approved.

“I hope that Ong will be given some leniency as I believe that he was used by a drug syndicate. He is not a smart man, and he can be very naive,” Dr Lee said.

He added that it was unlikely Ong had enough money to buy the heroin himself.

Meanwhile, Chong said he had spoken to Interpol’s National Centre Bureau assistant director Supt Gan Tack Guan, who infor-med him that Interpol was still investigating the case.

“Investigations will carry on until they find out who the real culprits are.

“We want the drug syndicate exposed,” he said. - Star, 24/4/2009, Govt asks that death row man be given life sentence instead

I applaud the actions of the Malaysian government, and hope that a similarly all death sentences in Malaysia also be commuted to life imprisonment (or even imprisonment till death naturally).

–
Posted By Charles Hector to CHARLES HECTOR on 4/24/2009

The members of the Assocation for the Improvement of Mass-Transit (TRANSIT) wishes to express their sympathy to the families of those who lost their lives and those who were injured in the recent tragic bus crash at km 443 of the North South Expressway.

Our thoughts, our hearts, and our prayers go out to everyone affected by this senseless tragedy. Every time this has happened and every time we respond to tragedies like this one we always hope that it will be the last time. Sadly, the tragedies never seem to end, and neither does the finger pointing.

As we read the news today, the CVLB is blaming the driver, the bus company, and the police for not taking action to prevent the drivers from operating the buses. This is because the CVLB only has the authority to cancel permits and not to enforce road rules or laws. The Road Transport Department will make excuses about why the Public Service Vehicle licenses were not withdrawn - despite the unsettled summonses. The police will probably say that it was someone else’s responsibility to check for summonses, and the Ministry of Works and the contractor who helped widen the highway will claim that they have no responsibility either.

After a few rounds of finger pointing the story will be forgotten. The injured will be treated and the dead will be buried and we will all move on and forget about what happened. This is what we did, what we are doing, and what we will do the next time. And so the cycle continues.

The real truth is that they have responsibility and they have shirked their responsibility and people have been injured and some have lost their lives - once again. Sometimes you have to ask if these people have a conscience or sense of right and wrong - if they are even aware of God.

Careless driving, poorly designed roads and unsafe buses run by profit-making bus operators are causing carnage on our roads. Our government seems to sit by and let these things happen without positive, real and long-lasting intervention.

Is life in Malaysia so cheap?

The Consumer’s Assocation of Penang has called for an independent public inquiry and TRANSIT echoes that call. TRANSIT also hopes that the dissolution of the Ministry of Entrepreneur and Cooperatives Development will be a prelude to the dissolution of the Commercial Vehicles Licensing Board - the government agency that has brought the “entreprenurial” spirit into public transport and, together with other government agencies, failed millions of Malaysian road users and public transport users through poor management and inaction.

It is time for the director of the CVLB, Markiman Kobiran to step down and accept his failures and the failure of his agency. It is also time for Prime Minister Dato’ Seri Najib to take real action and fix these government agencies so that these tragedies once again.

And for the passengers on these express buses - please do not be ashamed to tell the driver to drive safely. Tell them “I want to live!” Shout it out loud in the bus and encourage your fellow passengers to do the same. You have the right to safety on the road - the government, the operators and the drivers have the responsibility to make sure that you are safe.
Sincerely

Moaz Yusuf Ahmad

on behalf of TRANSIT

Unusual occurrences on the day before Najib Razak’s swearing-in as prime minister have raised questions on the royal consent to his appointment.

From the time Najib left the palace ground at 1215 hrs on April 2, after an audience with the King, the nation was kept in darkness for seven hours as to whether the King had given his consent to Najib’s premiership. It was not until 1938 hrs that the first newsbreak came from Bernama stating that Chief Secretary to the Government Mohd Sidek Hassan announced that the King had given his consent to Najib’s appointment and that Najib would swear-in at 1000 hrs the next day – which was the time previously circulated by the government. Was it not most extra-ordinary that the nation was kept in suspense for so many hours when the ceremony was only hours away? What was the reason for this big delay in announcement? Was there any problem with the royal consent?

That something was amiss was apparent in the morning of April 2 when then Prime Minister Abdullah Badawi went alone to meet the King, contradicting Najib’s disclosure on the preceding day (April 1) that he was invited by Abdullah to accompany the latter to meet the King for the royal consent to Abdullah’s resignation and Najib’s appointment.

Abdullah arrived at the palace at 1000 hrs for an audience with the King to express his intention to relinquish his premiership. After an hour-long meeting with the King, he uttered only these words to the official media allowed into the palace: “It’s a matter for Tuanku to decide”. He drove through the main gate at 1100 hrs without talking to some 70 reporters gathered there.

Minutes later, Najib’s official car and police escort drove past the palace and arrived at Abdullah’s residence at Jalan Bellamy (located near the palace), where the two leaders met for 10 minutes.

Najib, who was called to the palace, arrived at 1130 hrs to have an audience with the King. He left through the main gate at 1215 hrs and waved to the anxiously waiting reporters through his open window and said “Thank you”, without stopping to talk to them.

STRANGE SILENCE

Thereafter, complete silence – without a word from either the palace or the government on the outcome of the morning’s royal audience given to these two leaders, until Bernama’s statement in the evening.

Observing the above events, we can deduce that

* It must have been at the King’s request that Abdullah went to see the King alone – without Najib. Obviously, the King wanted to talk to Abdullah privately, and the hour long audience indicated that much was discussed about the proposed transfer of power.

* When Abdullah left the palace at 1100 hrs, he gave the impression that the King had yet to decide on his proposed resignation and perhaps also his recommendation of Najib to take over the premiership.

* The lack of positive indications from both leaders after their royal audience and the long silence thereafter indicated that royal consent was unlikely to have been given during the audience. Otherwise, the government would have wasted no time to announce such consent, judging from its impatience to fix the swearing-in time and date, as reflected in several such premature announcements previously.

* Then, when was royal consent given, if at all it was given? What transpired between 1215 hrs (when Najib left the palace) and 1938 hrs (when Bernama reported the royal consent) on April 2?

For a better understanding of what actually transpired on April 2, we have to take note of two important events that took place on April 1.

One, Chief Secretary Sidek Hassan announced through Bernama that before the Cabinet meeting in the morning, Abdullah had an audience with the King, whereby the King consented to Najib swearing-in as prime minister at 1000 hrs on April 3 and the King also agreed to grant an audience to both leaders at 1000 hrs the next day, April 2, for this proposed power transfer. However, at 1954 hrs, Bernama issued another statement saying the Chief Secretary had said his earlier announcement on the swearing-in was premature, and asked for the story to be ignored.

Two, Pakatan Rakyat handed to the King a letter by all its 81 members of parliament, appealing to the King to delay the appointment of Najib as prime minister until many allegations against him were cleared. These included in particular the shocking scandals of the murder of the Mongolian woman and commissions in the purchase of Scorpene submarines, which of late had been well publicized in news media all over the world. The letter stated that premiership being the nation’s top job, it ought to be held by some one who was clean and of unquestionable integrity. It was therefore appropriate that His Majesty delay the appointment till all allegations were investigated by an independent commission and Najib’s name cleared.

ROYAL SECOND THOUGHTS?

Looking at these two events, it is entirely possible that the King could have nodded his head to Abdullah’s proposed transfer of power to Najib early in the morning of April 1, but after deliberation over the appeal by the 81 MPs, the King could have second thoughts about hurrying through the swearing-in the next morning. Hence the Chief Secretary’s late statement to retract his earlier announcement on April 1, and the separate audience - instead of joint audience - to Abdullah and Najib the next morning.

As a conscientious constitutional monarch who takes his role as guardian of the constitution and the country at heart, it is also possible that Tuanku Mizan could be seriously considering a delay to the power transfer to clear matters up to protect vital national interests. But his hands appeared to have been forced by the drummed-up publicity for the imminent swearing-in only hours away via premature issue of invitation cards and a questionable last-minute news release by Bernama, both of these are deemed inappropriate.

Since it is the King who accepts the Prime Minister’s resignation, and since it is also his prerogative to appoint the new Prime Minister, shouldn’t it be the palace that makes the announcement of the King’s decision? Shouldn’t it also be the palace that issues the invitations - instead of the prime minister’s department - for the ceremony at the palace for the handing over of the appointment letter to the new Prime Minister?

Is it not an act of the highest disrespect to the King for the government to issue invitations for the swearing-in of Najib when the King had not even granted an audience to the incumbent Prime Minister to discuss about his proposed resignation? Or is the government taking the institution of monarchy as a mere rubber stamp?

QUESTIONABLE LEGITIMACY

We can well understand Najib and UMNO’s desperation to ascend the premiership in great urgency, since he has already been hyped as the savior of a sinking ship, and any hindrance to such ascendancy could spell disaster, nevertheless, such usurping of the authority and status of the monarch is an affront on our Constitution and serves to further undermine constitutional rule in this country under Barisan Nasional rule. It also gives rise to questions about the legitimacy of the new premiership.

It is an ominous start for Najib as Prime Minister, having just added another baggage to the many uncleared baggages Najib is carrying over to his premiership.

Kim Quek