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Sakmongkol ak 47

Wednesday 27 January 2010

Judicial discretions and the rule of law

You can't shut off your mind from these things.

A mere statement by the 1st Respondent that the exercise of power was Necessary on the ground of national security without adequate supporting evidence is not sufficient in law....

Two mosques in Muar were torched. A number of churches were already burned down. Public anger is building up. The silent majority speaks in a language outside the comprehension of Mr Lim Kit Siang. The silent majority doesn't want to speak in M r. Lim's language.

Unfortunately for Mr Lim the silent majority of Muslims are not confident as imagined or as desired by the former daughter number one. We don't have to qualify our confidence level or our self assuredness in terms defined by daughter number one. We defined our confidence by not compromising on the fundamental elements of our faith.

So what about those burnings and torching here and there?

This is not possible. They can't be happening. The violence is simply indefinable in law. All the burning of churches, torching of suraus and mosques cannot be happening. How can these be happening when they are not within the contemplation of the laws by which the learned judge guided herself? Mere statements are not sufficient in law. The defendants' lawyers have failed to prove that the usage can lead to security problems.

The facts have since overtaken the neat premises of what is or what is not in law.

You must have evidence. Bad things, mayhem must take place first to support statements to qualify as sufficient law to exact the relevant remedy. Otherwise it's all worthless. It's the same as a murder must first take place, before a murder charge can be made.

Two mistakes took place here.

  • First the defendants stated their case in a very simplified manner- merely alluding to the possibility that public security can be breached. Malaysians you see, are not clever enough to stage an avatar requiring firmer legal redress.

  • Second, the court underestimated foundations of faith. It's not founded on logic or artful manipulation of arguments and so forth.

Now we heard pig heads were hurled into mosque compounds. To Muslims, this is sacrilege and is abound to stir up unbridled passions. The opposition parties are quick to point out that these are scare tactics used by unscrupulous politicians (read UMNO politicians of course). That's the same logic used in Anwar did a self injury.

That's utter nonsense! Just as the torching of the churches, using the perverted logic and reasoning accustomed by the opposition, the pig heads throwing must have been planned by Pakatan people.

It must be them. They need this issue to stay alive. Anwar needs this issue to divert attention.

How does it feel now, if these kind of perverted accusations are levied against you?

Just as the torching of the churches, the pig head throwing incidents were caused by common thugs.

But then, these things cannot be happening within the scheme of things that formed the basis of Justice Lau's judgment, can they? They can and already did.

Nik (and Pakatan) would replace NEP with a race-blind, need-based policy. I appreciate this sense of social justice but we must remind ourselves that good intentions alone do not make for effective policies. There are realities to consider.


Question: if this commonsensical advice can be urged upon such a mundane thing as doing away with the NEP, why couldn't the same reasoning be applied to a more explosive issue? Funny how that kind of thinking is treated as amendable to an economic and purely rational issue, but disingenuously abandoned when needed on a rather irrational issue as religion.

But you CAN make a rational choice. Keep the damn thing!


Y1 27 January 2010 at 16:26  

Salam Dato'

"Two mosques in Muar were torched. A number of churches were already burned down. Public anger is building up."

I hope you are joking and is exaggerating!

As a Christian I condemn any form of desecration. Justice must be done on the perpetrators whoever they are.

Dato' if we justify prevention based on fear, we will give in to mob rule. As it is, all these desecration are the beginnings of mob rules if we give in.

If we fear that violence will be created and will cause national security issues, eventually some ultra Muslims might justify in saying that all non muslims may be a cause for national security problem, therefore all religions must be banned?

Law is based on facts, not fear!

Anonymous,  27 January 2010 at 16:50  

‘I feel like the one who is facing the dark & violent sea with the back pinch against a sky towering cliff, should I face these challenges head-on or go back to the comfort of my cocoon?’

Someone wrote that & I don’t really understand then.

Now, I do! So published & be damned!

‘Necessary on the ground of national security’ in the first argument & ‘F IT WERE A CHOICE BETWEEN ELIMINATING NEP AND RIOTING ON THE STREETS, MOST WOULD MAKE A RATIONAL CHOICE: KEEP THE DAMN THING!’ in the second, both contained fault logic.

Both r sided on emotion rather than rational thinking – just like admitting half pregnancy even though such thing is self-contradictory!

Ha, religious believes cant be rational? Hello, this is 21st century, NOT that 18th irrational hell-hole!

That’s why this type of people is forever looking for easy-way out & cheap excuses. Even their gods need flesh-&-blood human followers to defense him. Omnipotent & all loving? U people give bad name to yr god!

Just because there is a threat of mob violent, initiated against a backdrop of amokish behaviour & manipulated by self-preserving politikus, then we have to close one eye to all the injustices done with such threat hanging over our head. So when r we learning anything form the past human (prophet & non-prophet), their experiences included?

Perhaps some people r forever living under the tempurung, enclosed further by a self-deluded cocoon, that anything threatening to force them out to the big wide open world would cause the legendary amok! No?

This is indeed a very sad piece of write-up. Bow down to the hysterical reactive amok & sweep everything contrarily to the natural logical reasoning under the carpet. Best too, by assign the reason for doing so to irrational issue – religion.


Vani R,  27 January 2010 at 16:52  

You dont actually think that it is the angry public who is doing this, do you....

This is just politically motivated, whichever side it is...

Anonymous,  27 January 2010 at 16:55  

Is it so difficult for our Royal Police to find culprits.....and get at who is really behind these acts.....why don't you take the police to task???

Anonymous,  27 January 2010 at 17:30  


Just to remind your readers and others....

Prime Minister DS Najib said these are Trivial matter..
"Minor Aberrations" he said in Saudi Arabia.

Joe Black

Anonymous,  27 January 2010 at 17:44  

The Appeals Court will have to ask itself did the judgment cause elements to riot.

If the court says yes then it would create a precedent whereby any future judgment that cannot find foundation on national security will invite rioting and disorder in the streets in order to reverse the judgment in the appeals court.

Anonymous,  27 January 2010 at 18:48  

Bila church kena bakar,… bertempiaran umat yang kononnya Islam macam Marina, Art Harun, Dr Rafik mintak maaf kepada pihak Kristian bagi pihak aku.

Bila masjid aku kena baling dengan kepala babi, ada umat Kristian mintak maaf pada orang Islam yang tengah berapi menanggung marah ni…..?

Ada mintak derma?

Ada mintak maaf?

Siap putar alam lagi kata, umat Islam yang tak setuju pasal keputusan mahkamah macam aku ni yang baling kepala babi tu masuk masjid aku sendiri.

Sial betul.


Donplaypuks® 27 January 2010 at 19:07  

Rational, that is, by your definition and reckoning.

Rioting is neither rational nor acceptable when you will not accept the law nor the norm nor universally accepted practices.

Btw, I strongly and unreservely condemn the wild pigs' heads incidents today. That's totally despicable. Trust PFRM will be as efficient as they were in tracking down the culprits in the church attack incidents.

We are all of 1 race, the Human Race

Anonymous,  27 January 2010 at 19:23  

This I have to disagree with you it is from Pakatan people.

Pakatan is for national Unity and Umno is for split and drive the Malays back to UMNO.

Who stand to gain?

Now let me qualify... we cannot say for sure who did it. It definitely is someone who wants to create false flags and you know who are the best in false flag?

Between the two can you honestly say Pakatan guys want to play racial politics?/

Use your head.

PRAY,IT WORKS. joe's blog 27 January 2010 at 20:08  

We must always think of solving problems of the country as a whole ie by including everyone, not in terms of islam and muslims or christians and churches etc. When all have a fair share in the life of a country, then the country lives.

Ariff Sabri 27 January 2010 at 20:46  

anon at 19:23

yr answer is expected and anticipated by this article. when you want to involve UMNO its a forgone and unqualified conclusion. when its Pakatan, you corner here and there.
yes, use yr head too.

pwcheng 28 January 2010 at 01:20  

I think you are using fear to subtlety sat that the NEP must continue. We all know you have benefited tremendously from it and moved away from UMNO because you did not get want you want. You are worst than the famous Charkles Dicken Oliver Twist of always telling "I want more".

Unknown 28 January 2010 at 02:13  

Dato' Sak,

Should we bow down to mob pressure and rioting?

An american muslim writer, Jeffrey Lang, observed in one of his book of who control american mosque. It seemed to him that the most outspoken and extreme sects normally control the mosque and moderate just stay at the side.

It seemed that muslim world is cursed by this malady. Weird how you promote submission to gangsterism.

I agree with anon 16:50. This is 21st century, not 18th century hell hole.

Bila orang baik tak nak bercakap, penyamun dan penyangak lah jadi ketua. Dengan logik dato' sak:

1. Keputusan mahkamah yg mendatangkan kacau bilau mesti ditukar.
2. gengster boleh gerenti kacau bilau.
3. Semua keputusan mahkamah ditentukan oleh gengster

Saya yakin dan percaya, majoriti orang melayu islam di malaysia ni boleh terima logik dan perbincangan terbuka. Kalau tidak, kita takkan maju di hadapan negara islam lain. Tapi kalau betullah ada critical mass orang melayu islam yg berfikiran macam dato' gambarkan, memanglah ini peristiwa sedih untuk malaysia.

Ariff Sabri 28 January 2010 at 04:17  

pw cheng,
i am restraining myself from saying you are the stupidest chinaman i have come across, the quote in red comes from a writer idolized and iconised by a majority of the opposition- that of dr bakri musa. by the overeager judgment you made to my article, you are in effect saying the same about the reasoning by dr bakri musa.
you dont know me, yet you made a judgment call saying that i have benefited from UMNO and now i moved away from UMNO because i did not get what i want?
mana lu punya kepala, lu ada kenal sama saya ka?

Anonymous,  28 January 2010 at 08:36  

Bro Azhar, cuma nak beri maklumat yang lebih tepat, yang dilontar bukan khinzir tetapi babi hutan (wild boar).

Kedua, Azhar minta derma untuk apa ?

Yang saya baca, derma dikutip untuk membina gereja yang dibakar musnah.

Bro Azhar, banyak bersabar, polis kita akan siasat dan tangkap orang-orang yang melakukan perkara yang terhina ini.
Orang bukan islam juga menyokong hak saudara kerana mereka memahami perasaan saudara.

We stand by you brother, Azhar.

Anonymous,  28 January 2010 at 11:18  

Salam. Tuan tak pelik ke kenapa pasukan polis Bukit Aman lambat bertindak dlm kes ini?

Jgn sampai rakyat yg tak berdosa yg akan menjadi mangsa dan dipergunakan.


Pada saya jika isu ini boleh menaikkan rating satu parti yg semakin uzur maka tindakan akan dilambat atau dipejamkan mata sebelah.

Banyak sangat dah kisah kisah yg lalu berlaku yg menggambarkan perkara macam ni.

Kalau dalam istilah wartawan inilah dipanggil 'SPIN' sampai habis.

Yg merana rakyat jelata yg dikotak katikkan.

Ah...rakyat Malaysia...kita mesti matang berfikir dan jangan terima bulat bulat apa yg dikata.

Semoga Allah melindungi rakyat Malaysia.

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