Once I was familiar wit the refrain -- The most beautiful sound I ever heard, Maria, Maria, Maria...
Today I read the gladdest sound for a long, long w'ile yet in NegaraKu, so do I tell Y&A Sabrina Down Under "See, there is some HOPE nyet?" And to another Y&A Theels in the UK "Come home to Malaysia, we need you!" and to yet another Younger Malaysian working abroad in Sri Lanka, "Sdr Imran, don't run, balik kampung, ada Harapan lagi!"
From theSUN,(unlike you cheapskates, I pay RM0.30 for the daily kopi!:( -- page 1 October 19, 2007
'The award of exemplary damages is
necessary to show the abhorrence of
the court of the gross abuse of an awesome
power under the Internal Security Act."
~~ Judge Mohd Hishamudin
The successful litigant was former ISA detainee Abdul Malek Hussin,
who suffered a 57-day police detention in 1988 which was declared "unlawful".
Abdul Malek, who is also Chairman of the Malaysians for Free and Fair Elections, told the press he felt vindicated by the judgement, adding that the findings of the court were more reasons why the Independent Police Complaints and Misconduct Commission (IPCMC) should be set up.
After a tea-break, Desi came back to see the following summary of RPK's latest posting (thanks madmonk!:):
RE: Raja Petra's Narration of Ali Rustam's Speech at PPP Annual State Convention) ,2007
Main message: by UMNO Malacca Menteri Besar Ali Rustam to PPP delegates
"UMNO does not need support from BN component parties. UMNO is un-sinkable (unlike the Titanic). Even God can't sink UMNO.
Chinese and Indians can go back to China and India respectively. PPP can leave BN anytime or immediately. PPP will not get any seat in Malacca."
DESIDERATA: I've written at least two articles headed akin to ARROGANCE OF POWER related to this Chief Minister who could tell off a component party leader to fly kite", so what would he tell Opposition supporters like me? "Ship out, izzit?"
I surfed to the ORI at malaysia-today.net, and RPK -- whether in rumour or humour and in serious mode, go ask the Prince!as sometimes he is like Desi, with a sense of weird humour and rumour and some DDC!:) --he ended the said article quoted by madmonk with --teasing thee withjest last two paras, cun?
"There is much speculation on who will be Najib’s Deputy when he takes over as Prime Minister. This question has been satisfactorily answered on 15 October 2007. Ali Rustam made it clear that he and not the Prime Minister makes the decisions. As far as Ali Rustam is concerned the Prime Minister pengecut, the Perak Menteri Besar is kaki bodek while the Pahang Menteri Besar is gila who does crazy things. Yes, that leaves only him remaining as the most suitable candidate to become the next Deputy Prime Minister of Malaysia.
Hmm.....should I seriously consider migrating?"
Pondering over the ending remark, I now withdraw my AP(knot-of-RM20k-generating-kind:(peal to twain-shalt-meet penangpearls, Theels and Sabrina, and Imranto return to NegaraKu. Perhaps not. mGf, You make up thy own mind. I waver a lot nowadays.See you, or mayhaps knot.
From geocities.com cometh some records which show the siting judge was indeed a special breed. He is our guiding light in this present tunnel of dark justice overhanging the Judiciary.
"SYABAS!" is in order to Yang Arif Mohd Hishamudin:
Turning point in the judiciary?
5:16pm, Thu: Justice Mohd Hishamudin Mohd Yunus' judgment to release the two Internal Security Act detainees is the first courageous judicial act to defend the constitution against excesses of the executive in a long, long time.
Ever since the former Lord President Tun Salleh Abas was sacked for resisting interference from the Prime Minister Dr Mahathir Mohamad in 1987, the entire judiciary has been completely cowed by the executive, so much so that it has become a rubber stamp to the will of the executive, particularly in cases of conflict between the ruling power and its opponents.
This notoriety of our judiciary reached a zenith during the infamous trials of former deputy prime minister Anwar Ibrahim, when the shameful and despicable conduct of the courts brought universal condemnation and ridicule.
Within this oppressive environment, Justice Hishamudin's courage and integrity deserves our admiration and congratulations. Through his act, he has opened a small window to let in fresh air to our suffocated judiciary. It is hoped that this small stream of fresh air will eventually grow to a gush of strong wind to restore our judiciary to what it should be, a true defender of the constitution, as indicated by our new chief justice.
In our moment of elation, let us be vigilant to see that Justice Hishamudin is not victimised in any way for his courageous act. And if that should happen, let the whole nation stand up to defend him.
On a more sombre note, this incident demonstrates how utterly low our judiciary has sunk to. The balance of facts and law in this habeas corpus case is so overwhelmingly tilted in favour of the applicant that in any democracy, the judgment would have been a foregone conclusion.
But in Malaysia, it is a surprise to the nation and possibly a shock to the executive, as this kind of judicial event has never happened in most people's memory.
Not only that, it is celebrated as a historical event.
SALUTE TO JUDGE AND JUDGMENT
30 May 2001 will be remembered in Malaysian history as a day when the people's long suppressed hopes for justice were rekindled by a learned, honest and courageous judge whose refusal to accept the Internal Security Act (ISA) struck at the very heart of repressive law and oppressive rule in this country.
On 30 May 2001, Justice Dato' Mohd Hishamuddin Mohd Yunus, in the Shah Alam High Court, ruled that the detention of two Parti Keadilan Nasional leaders, N Gobalakrishnan and Abdul Ghani Haroon, under ISA was unlawful. Justice Mohd Hishamuddin ordered the Police to release them immediately.
In making his ruling, Justice Mohd Hishamuddin added that the detentions had been carried out in bad faith, violated the detainees'constitutional rights, and ignored their procedural rights.
Justice Mohd Hishamuddin also ordered the Police not to re-arrest Gobalakrishnan and Abdul Ghani for at least twenty-four hours. This was an unprecedented order given past Police practice of immediately re-arresting the rare ISA victim who was freed by the Courts.
Justice Mohd Hishamuddin even told Parliament that `it is high time' to reconsider the relevance of ISA so as to prevent and minimize abuses of law by the authorities.
The Malaysian people will see in Justice Mohd Hishamuddin's ruling the beginning of the end to an unfortunate tradition of judicial reluctance to challenge the use of draconian legislation and brutal force by a regime that has increasingly set aside the rule of law.
Together with all Malaysians who are concerned with Justice, Freedom and the Rule of Law in this country, Aliran salutes both Judge and Judgment for this historic defence of the Constitution, civil liberties and human rights.
Until the full written judgment is available, Aliran reproduces, below, excerpts from the oral judgment delivered by Justice Mohd Hishamuddin to permit Malaysian citizens to appreciate some of the legal and political issues involved:
On why the further incarceration of the detainees was in breach of the Constitution: `The affidavits by the respondents are vague in nature and inadequate. The grounds for arrest must be clearly stated in the affidavit and it cannot simply parrot the provisions in the Constitution. There must be some reasonable amount of particulars (on the grounds of arrest) to be fair to the detainee who believes he is innocent.'
On how the Police ignored procedures: `The Inspector General of Police and director of Special Branch have prematurely made up their minds to detain them for the 30 days well beyond that stated in the ISA. The IGP and director of SB have ignored procedural rights.'
On the Police's denial of visits by families or legal counsel: `Not allowing access to one another is cruel, inhuman and oppressive, not only to the detainees but also to their family members. What harm would the visits of the family members bring? The visits can be closely monitored. This court does not understand such reasoning. It is a blatant and gross violation of the detainees' constitutional rights. It is unlawful to deny them (their rights).'
On habeas corpus: `There were no affidavits filed by applicants because for 40 days they were denied access to their lawyers. If applicants truly believe that they were framed and their detention was unjust, it is their right to file habeas corpus as guaranteed under Section 5(2) (of the Constitution).'
Aliran calls upon all Malaysians concerned with Justice, Freedom and the Rule of Law to take inspiration from Justice Mohd Hishamuddin's ruling to continue the struggle to protect civil liberties and human rights – and particularly to erase the dark shadow of ISA upon our society.
- Aliran Executive Committee
Thursday May 31