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Sakmongkol ak 47

Sunday 24 July 2022

The judge and the thief. Part 2

1.justice delayed is a legal maxim. Some judges took it seriously, while some Pooh poohed it. If a legal redress or equitable relief is due to injured parties but is not dispensed off in a timely in manner, it's like not having it at all.

2. Except, I put it to you, the injured party in this case is the public. The judiciary, in particular the supreme court, has gone soft bellied on the felon and injures the public.

3. The supreme court is synonymous with jarndyce vs jarndyce in Charles Dickens' bleak house.

4. If lawyers do not question this procrastination, then I, a non lawyer will ask the inconvenient truth.

5. The 'unright' thinking members of society cannot handle the facts. The fact is that billion of dollars were stolen. The fact is, Najib Razak is a thief. The fact is this person has been convicted twice

6. Instead, certain sections of our community prefer to listen to innuendos, rumours, under the sarong stories and fanciful tales spun by a yobo in far away England.

7. The idea that different set of rules and law applies to different sections of society is indeed repugnant. The sovereignty of the law means the same law applies to everyone.

8. Unfortunately, that's what is happening in our country. The person who steals billions of dollars can get away free, while the person who steals a few cans of milk is despatched to jail quickly.

9. But can we say the same thing will happen to the judiciary? That a different set of rules apply to the judiciary? That, in effect, the judiciary will never convict one of their own? That, in effect, a judicial apartheid exists?

10. I think not. Just because we have been conditioned into thinking that differentiation of the law is a normal, as in politics, it must, as a matter of course, happened in the judiciary.

11. In the main, the judiciary has been stringent and severe at self pruning. The bad fruits are quickly removed so that the judiciary, as a whole, remains pristine.

12. Magistrates have been sent to jail, lawyers are disbarred and judges asked to leave.

13. If nazlan is a rotten fruit, he will be removed expeditiously.

14. What more, we have a lady as CJ, who is all business. We certainly won't have the foot shuffling and back stepping arguments normally associated with politicians.

15. We certainly won't have the disingenuous and hypocritical argument…oh we can't rescind his appointment as the agong has consented. To do so is derhaka .

16. So now, it's rescinded, does it mean the agong has withdrawn his consent? The fact is, the agong does not interfere in day to day management. If he has, he won't even have time to go to the toilet.
Please, la, we are not goats. Who are you trying to kid?

17. The judiciary ought only to apply one set of laws. If it does otherwise, that can only emanate from rotten judges.

18. Hence, despite our reservations that a different set of rules apply to judges, it's no cause to believe that nazlan should have recused himself.

19. If nazlan had erred in law and fact, that would have been repudiated by the court of appeal. That his findings were affirmed by the CA is a testament to the soundness of his judgement.

20. In any case, the matter should have been raised in the early stages of the SRC trial. Now it's chisel making noise after the house is completed. Or as Lord Denning said it, having made the bed you must now lie in it.

21. Nazlan took over 50 pages to write his epic judgement. Certainly he has the intellectual wherewithal to write it.

22. That should not be taken against him. It shows that he is serious, meticulous and diligent.

23. Tun Sufian may have written short judgements. But others like raja azlan and nh chan wrote long ones to merit the cases.

24. Eusoffe Abdul kader was even more intimidating. Not only were his judgements long, but he uses weighty English that require you, then, to carry thick volumes of random house dictionary.

25. Of course, nowadays, you can Google them to find not only their meanings but also how to pronounce them, especially his Latin phrases.

26. So nazlan/justice BAO may have used more than 50 A4 papers to write his judgement. That is no reason to doubt his penmanship and cast aspersions on his ability.

27. Having said the above, I do find the lawyer's march the other day a bit hollow. Sure, we saw an Indian gentleman speaking animatedly and passionately with arms flailing and so on. It was indeed a comic relief after listening to mad dog tajuddin all week. But that was about it.

28. I find the march for non-interference of the judiciary, independence of the judiciary etc, a bit Harry Potterish.

29. I would have liked the march to be more specific in it's causes. Like:-
#making public the list of judges dragging their feet.
#weeding out bad hats in the judiciary
#calling for a shorter court process and so on.

30. As it is marching for causes looking outside the judiciary not only has no public resonance but protecting brother legal practitioners, as it were, a bit incestuous. They are actually cocooning themselves.

31. No disrespect to bar council presidents-to each his or her own. But I find the bar council president with the more touché causes is ambiga srineevasan. Sharp and specific enough to warrant some army veterans dancing bare butt infront of her house.

32. Right now, the most pressing need is to have a speedy dispensation of justice. It's no longer justice rushed, is justice crushed. No sirs.

33. The purpose of speedy and prompt judgements is, as m n bandhari the Madras CJ said, is that justice can be served to the people. I find that statement more cogent and convincing, unlike the 'convincing'numbers mentioned by Mamu Anwar.

34. Justice and fairness served to the people is more important than the protracted and strained justice and fairness served to Ali babavum Najib

35. Magna Carta stated, among things, to no one will we refuse or delay right or justice. One of the things Francis bacon said when he became LC was swift justice is the sweetest and William Penn said justice delayed is injustice.

36. I am reminded of the Latin legal maxim: in diem vivere in lege sunt detestabilis. Delays in the law are hateful.

37. In more recent times, warren burger,one time CJ of USA, said that inordinate delays in the dispensation of justice destroys public confidence of the judiciary in several ways:-

38. If a judgement takes too long, the duration erodes the value of the verdict itself. No person alive would know head or tail what the case is all about.

39. Is the unreasonable duration is a: because the case is too long? God forbid we have numbskull judges. B:the system is too complex. Supreme court judges are overburdened or c: the case lacks political favour. Now which is which?

40. Charles Dickens in bleak house tells us of fictional cases, jarndyce and jarndyce and jennens v jennens whick took so long a time that one person loses his mind and another is consumed by the corroding hatred, mistrust and doubt about the efficacy of the justice system.

41. In the words of the great economist,Maynard Keynes, in the long run we are all dead.

42. Let me give you my own fictional instances. Suppose one of the supreme court judges were to die. Fairness demands that he or she be replaced immediately, right?

43. Now suppose one of the defense lawyers were to die, fairness dictates that we give the accused time to find a mafia defending lawyer or a le pen defending Klaus Barbie.

44. My question is why is it fair to have the judge replaced immediately but fair to give the accused time? Why? There are 2 different notions of fairness here.

45. The point is let not our corroding fear, mistrust and doubt presuppose the judiciary is not fair.

46. I have given one amplification by Warren burger.a judgement arrived at promptly And with great care as done by nazlan should be applauded. Not doubted.

47.and may I remind readers that the decision arrived at by nazlan, is not done willy-nilly. It's not arrived at based on a poison letter.

48. It's based using the principle of stare decisis, precedents, indisputable evidences and debunking defense counsels incredulous arguments.

49.lords Denning, Wilberforce, scarman and lady hale would never write a 3/4 page judgement when faced with a corruption case involving a person in high office. Tengku maimun certainly would not.


Monday 18 July 2022

The Judge and the thief.

1. I want to write about the siege on the judiciary in 2 parts. In this 1st part, I want to write on the issues surrounding justice Nazlans misconduct. Namely, the unexplained rm1 million in his account.

2. Isn't it unsurprising the concerted attacks on justice nazlan came after he delivered a guilty verdict on the lost anglicized bugis pirate?

3. Hence, the mocks and ridicule came from najib sponsored websites. The initial bushfire was started by the fugitive royal outcast-raja pembohong & klentong. Rp&k.

4. Which makes me wonder-isnt it a possibility that all these scurrilous attacks were actually a smear campaign initiated by red lips najib himself?

5. I actually began writing on this subject a few weeks ago. I interrupted the writing because I wanted to write about the hermit of langgak golf and the kelantan project. So now I resume.

6. Doesn't it occur to anyone that this scurrilous allegation  against Malaysia's justice bao, is the handiwork of stay out of jail by any means necessary,  bosskau?

7. Ali babavum najibs  by any means necessary include the drowning man's ruse.

8. Which means he will clutch and involves anyone under the sun and use any useful idiot to stay afloat.

9. Look at how he wanted to implicate zeti, zeti's husband and even Dr Mahathir. All except himself.

10. Now, he has found a useful idiot. A royal fugitive residing in Manchester and uttering a lot of incoherent nonsense.

11. That incoherent nonsense is consumed hungrily by Ali babavums pliant portal writers and the servile Malay hoi polloi.

12. I am surprised that the sprm gives a lot of credence to the scurrilous writing of a dubious person.

13. Pdrm is a puzzle. It's keeping mum on the accusation of a berret wearing incoherent feller, but voluble over traffic offenders, drug hauls etc. It seems that a case involving a crime crusader is not important. Cor blimey!

14. Don't we have an extradition treaty with the fish and chips host country? So that we can bring the drunken hobo who speaks like he's having marbles in his mouth, back to Malaysia to answer some questions?

15. Why is the Chappie living free in the UK? Wasn't he slapped with a criminal defamation to case?now, who were the corrupt immigration officers who let him out of Malaysia?why were they not investigated? Or did ali babavum Najib instructed the immigration department to let him through so that Najib could collect dividends later, like now, to prevent Najib from drowning?

16. The whole episode, surrounding the mysterious  1million, deserves a thorough investigation. It must not be trivialised by both sprm and pdrm.

17. If investigation of the police report is treated in a shoddy manner and cavalierly so, it means the hydra like tentacles of Ali babavum Najib have penetrated the sinews  and bones of the government.

18. Hence, all those involved in the hijacking of justice must be punished. Not because of knowing Najib, but of being complicit in the commission of heinous crimes, notably in the subversion of justice.

19. The investigation by pdrm on judge nazlans police report must address the following issues:-

*Who gave the information to the berret wearing hobo?
*The bank must have details about the depositor of the RM 1M
* Who gave the account of the judge? Was it him or his staff?

21. The deafening silence of our public makes Najib believe the hype that he is a mafia don.

22. What encouraged him is the unquestioning, adoring and adulating crowd, especially of the  sad race. It's as though the Malay is entitled to do any wrongdoing as long as he is a Malay.

23. It's alright if he is the embezzler in chief as long as he is a Malay and better, if he is umno for that matter. 

24. This sense of entitlement, the absence of being ashamed and the absence of a sense of values shall prove to be the undoing of the Malay race. Bull, the epitaph of the malays being the par excellence race!

25. If I were a lawyer, I wouldn't march for a cause such as non-interference of justice. This is so Harry Potter kind of cause. It's not definite and farcical, as it's out of touch. It's appropriately more a topic of discussion among the chattering crowd at the Selangor club.

26. I would be willing to march for a cause such as 'convict Najib now! I am a firm believer of the principle of justice delayed is justice denied. Many have said the above. Francis Bacon has said it. Martin Luther king did. Justice Munishwar Nath Bhandari of the Madras HC said it in modern times. 

27. I find it reprehensible the notion that everyone deserves a fair trial, including Najib! I pour a spittoon scorn at that. And tell that to the petty thief carting a few tins of Milo to feed his kids at home!


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