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Sakmongkol ak 47

Sunday 24 September 2023

DNAA, political leadership, regaining faith and trust, do as promised, prosecutorial evangelism and other issues.

1. Like the mp from pasir gudang, I too won't throw the pm under the bus. But we are discussing about zahid's DNAA, not whether the PM interfered with the judiciary or he didn't.

2. Where the pm erred, weakest or treat the DNAA lightly, I won't be shy to criticize him whether he listens or not, is irrelevant. He is someone appearing as someone who won't listen to anyone .

3. There is a universal condemnation that Zahid was given a DNAA. The public, by and large find it abhorrent and repulsive.

4. If the Judge ignores this universal public revulsion over the DNAA, his choice of decision is on his conscience.

5. Some so called technical experts have apologized, rationalised and exonerated the judge for his judicial insensitiveness and apathy. But who the hell are they? To the general public, the judge, sucks

6. The pm in addition, is not pristine either. You think by emphasising he does not interfere with the judiciary, all is well?

7. He has failed to provide leadership in this instance. Leadership in the sense of a motivation to right a wrong .

8. If he foresees that the junky eyed zahid's case will end in shambles, he must intervene.

9. Such Inglourious end to the case is foreseeable given the half past six brief prepared by the last minute replacement of a DPP.

10. The charge was prepared by AGC, investigation by sprm , decision by the judge. We know that , but was the DNAA justified?

11. Where can the pm interfere? Certainly not with the judge. We have established that. Independence of the judiciary must be preserved at all cost

12. In an earlier article, I have suggested that the pm can supply the judge with more Intel information. I spoke as a politician and with frustration at seeing crooks like Zahid, the proboscis monkey and other UMNO rouges get away with murder .

13. That's an absolute no no. Judicial independence must be protected at all cost. Any suggestions that it is amenable to influence, threats, inducements etc is legally and morally reprehensible. No way Jose!

14. But there is no law which says you cannot cause better Intel reports be given to SPRM and the AGC. So they can provide better report and the AGC prepare a solid brief.

15. I will write about the AG and the prosecution team in another article. For now the self congratulatory speech is too salivating to pass. Good show, old boy.

16. It's jolly good for the pasir gudang mp , saying he won't throw his boss under the bus. That was a pious but pompous statement and this is why.

17. He didn't give his boss truthful and plain advice of how to last long as the great leader.

18. No doubt, abang Non has the zest and enthusiasm to help people. He can Boria with them for he is an excellent communicator.

19. But he didn't tell the Sungai long Bolshevik, he must avoid 2 things, if he wants to stay long as leader .

20. First, PM Anwar must avoid breaking faith with the people . By somehow, causing the Javanese neanderthal be given a DNAA, Anwar loses some trust by the people. Some cannot believe him anymore.

21. He is just sending horrendous message. Which is, you can plunder and steal as much as you can. At the end of the day, if you can kautim the PM and he in turn whispers to the AG, you will have all 47 charges dropped.

22. It's extremely implausible to imagine the AG acting on his own in this very high profile case involving Zahid Hamidi of Bagan latoh.

23. The AG is lawyer to the government, his client. Probably, he received encrypted instructions via a messenger pigeon sent from Sungai long or Putrajaya.

24. The other thing, is that the pm must do what he has promised to do. He has said he wants to send the crooks and wrongdoers to jail. He wants to weed out corruption, eradicate abuse of power, exterminate wastage etc. Mana? Bu DUI, Mei you, gak ada dong!

25. What must Anwar do to redeem himself and regain the trust of the people? Don't be sentimental of Zahid. UMNO is just a paper tiger. Have the proceedings against Zahid, continue.

26. Supply better facts and evidence to AGC and SPRM. Reconstitute the prosecution team if necessary. Have it be composed of determined, resolute and pitbulish prosecutors to win the government's case

27. I am saying all these, because I want Anwar to last long as our leader. I want him to have political longevity. He is our best hope. Believe you me, look at the alternatives. Mahiadin, Hadi and others? You have Malay chauvinism and pas's Islamic chauvinism. Make multiracialism with Anwar work!


Sunday 17 September 2023

Judicial independence, tyranny of the minority and related issues.

1. I listened carefully, the speech given by the pasir gudang mp. He won't throw his boss under the bus. The pm says he doesn't interfere with the judiciary. Judicial independence is intact

2. At the moment we are debating about DNAA. Not about any intrusion on judicial independence. Debating about this bloody DNAA ought not drag in whether the pm has exercised any undue influence on judicial independence.

3. Judicial independence is a given. It must be free from threats, influence or inducements from any parties or any branches of government. Any opinions on the contrary are wrong.

4. In an earlier article, I have mentioned as an opinion, in the exercise of leadership, the pm should give Intel information to the judge. I was and am wrong in giving such opinion.

5. Judicial independence must be preserved at all cost. It is an unasailable and an inviolable principle.

6. In simple terms, we do not interfere in the business of a judge, any judge in deciding cases before him or her.

7. In an adverserial system like ours, the judge decides the case on the basis of arguments of the contending parties. Suppose, in a case the prosecution team prepares a half past six brief and is overwhelmed by the defence team, the judge will decide in favour of the defence team.

8. In a book written by 2 Harvard professors, ziblatt and levitsky, democracy will continue if at least we ensure 3 things are done .

9. The book, called tyranny of the minority , tells us how democracy can continue and be sustained.

10. Similarly, borrowing some ideas from the book, our judicial independence, indeed the whole legal superstructure can be sustained and be continued, if we do at least 3 things.

11. The 3 things we must at least do are:-
A. Accept the decision of the court
B. We must not engage in any violence, aggression and extrajudicial activities aimed at overthrowing the decision of the court
C. We must not support or align ourselves with extremist element seeking to overthrow the court's decision .

12. Everybody talks about judicial independence like it's some airy fairy concept. To ensure actual judicial independence, I think we must at least do these 3 things.

13. When these basic things are not done or are willfully violated, judicial independence and indeed the whole legal superstructure are imperiled.

14. Take the case of alibabavum Najib . BTW, alibabavum is an old Tamil movie about Alibaba, who was actually a thief but romanticized as a folklore hero .

15. The decision of the court is not accepted and is disputed. UMNO leaders engaged in all sorts of extrajudicial activities, the CJ threatened. UMNO leaders demand a royal pardon to circumvent the courts decision. They align themselves with extremist elements ready to create trouble .

16. If we do not do at least the basic things, then don't talk la about protecting the superstructure of the law( rule of law, supremacy of the law, judicial independence yada yada). Provocations by the extremists and UMNO leaders are not song and dance issues. They are a kind of insurrection that must be dealt with decisively and with the full force of the law. Hey, the proud boys in the USA January 6th insurrection got more jail time than red lips Najib got. And they didn't steal any money.

17. Having said that principle of judicial independence is a non contestable issue, I am however appalled at the tortiese pace of the legal process.

18. It takes years for some cases, especially corruption cases to come to a finality. Stranger things happened here in the jungle of the law than in the jungles of India, described by Rudyard Kipling.

19. Everything seems to end in the long run, which is ridiculous. In the long run, says the economist John Maynard Keynes, we are all dead.

20. I have heard about justice rushed is justice crushed, but in Malaysia, its more of the case of, justice delayed, is justice denied .

21. As I have said, the length time by which some cases reached finality, has reached ridiculous proportions. Allow me to embellish it thus:-

22. Finally, I am agitated when some people say the judge has no choice, don't blame judges and courts and so on.

23. Hoi hello, some British judges in history were corrupt and abusive and self serving. They were rightly condensed and punished. Over here, judges are not sacrosanct and are not sacred cows. They can also err and when they do, can be criticised and blamed

24. That sir and Madam, is my opinion. My own opinion, says Christopher Hitchens, is enough for me. I claim the right to have it defended against any consent and majority any place, anywhere and anytime. And if you don't like it, get a ticket, fall into line and kiss my ass.'


Thursday 14 September 2023

Conduct unbecoming. The judge, yahoo boys and the PM.

1. Hurrah! Belts off, pants down . Isn't life's a scream? The PKR yahoo boys want parliament to debate the conduct of AGC in giving the thug wak jahid, a DNAA .

2.i am not exaggerating. It's jahid. If you don't believe me, listen to DAPs nga kor Meng pronouncing the mp of Bagan latoks name. Jahid, not Zahid.

3. At this point, I'd better tell readers, the origin of PKR yahoo boys. It's not name calling.

4. Many years ago, an important PKR youth leader called on a business colleague. As we were in business we thought it was good for our business if we cultivate this PKR Leader. So I asked my colleague to bring him out for dinner.

5. After dinner, the PKR guy wanted to go for a karaoke session. Well, I asked my colleague, did you enjoy it? I didn't, said my colleague. But he did.

6. He's like kerbau lepas kandang. The first he did at our table in the karaoke joint, was to shout on top of lungs, yahoo! That's why from that day onwards, I have been calling the PKR Young people, PKR yahoo boys!

7. Now, the PKR yahoo boys are asking parliament to debate the conduct of the AGC. Their agitation and calls will at least give the public, an illusion, that out of their conscience,PKR youth is doing something about the Zahid DNAA.

8. I am telling you, that the calls and agitation will amount to nothing. The matter will not be debated in parliament. Their arousal will wilt,as it were.

9. Already some senior PKR leaders said the DNAA was a court decision. The biggest kahuna alias papa Non said, he doesn't interfere with the court. Given these preemptive statements, do we think asking for a debate will materialize? Nahi, nein!

10. The public won't be cowered though. We want the conduct of the AGc debated. Not the courts. 2 seperate thing, la.

11. The conduct of the AGc is very very questionable. Why should it now retreat from the proceedings, after having succeeded in establishing a prima facie case?

12. It seems to suggest, that once getting the initial orgasm, the AGC is not preparing for the final climax carefully or has prepared a chinchai brief.

13. In asking for a DNAA, it seems to be exercising a fait acompli and arm twisting the court. What it asks, the judge must give.

14. It is behaving like the AGC has a sense of entitled-its feels it is entitled to get what it asks, a DNAA.

15. It would appear then, that the virus of UMNOs Bumiputera-ism agenda,has also infected the AGC and the DPP.

16. Hence it walks around with a sense of entitlement. What it asks, it will definitely get.

17. In that respect, the conduct of the judge is not very commendable. He has countenanced being cajoled, having his arm twisted and validate the AGCs mediocrity. I still stand for saying, rather than agreeing to Justice's d & C, he should have severely reprimanded the DPP.

18. He is also complicit with the DPP in defrauding the people. The people feel cheated for the court not trying jahid.

19. As to the yahoo boys , I think it was all a put on show. Just to show the public they are concerned and doing something about it .

20. It's a wasteful endeavor, like pouring salt into the sea or bringing coal to Newcastle. Already PKR senior leaders don't want it debated. So what the yahoo boys are doing is what the Chinese say, much thunder, little or no rain. Like shooting blanks.

21. By the way, don't get upset at being called Yahoo boys. The DAP people are also called names- dapigs, ks's running dogs, redbean soldiers, cina Bukit, jinjang Joes etc. The pemuda UMNOs are the dangdut brigades. They are more interested at hitting on the pu3s and patronizing the dangdut joints around Sari Pacific.

22. In making noises about the conduct of AGC and the infamous DNAA, the yahoo boys are doing 2 things.

23. First, by all means, blame somebody. In this case the AGC. Secondly, to deflect or divert from the real issue. Play Tai Chi a little bit. These 2 things are the typical habits of UMNO. UMNO blames the DAP for its own deficiencies and divert attention from looking on what UMNO does do for the Malay masses.

24. It would appear that these bad habits have caught on with the yahoo boys. The real issue is an honest evaluation of the involvement or abstinence of their Great Leader, Kim Jong an war.

25. Rather, they would be better off by honestly evaluating the political longevity of Anwar. Say honestly and without fear, that Anwar has done 2 fatal political moves .

26. First, Anwar has broken faith with the people. By doing or not doing anything with zahid's case, he is seen as the person giving mouth to mouth resuscitation to the Javanese neanderthal.

27. He didn't point a gun at the judge's head, yes. But what's stopping him from giving inputs and information to the judge? He has intelligence reports from various institutions. Give the judge. Help the judge to make better and informed decision.

28. Because he did not do these, he is estopped from claiming non interference with the judiciary. Saying he doesn't is not believed anyway.

29. All told, he has broken faith with the people. He won't be trusted anymore and thus will not last long. The people want Zahid to get his due punishment. Anwar is seen as frustrating this and will be punished .

30. Secondly, Anwar hasn't done the things he says he will do. He incessantly talks about rasuah, sakau, membazir, Salah Guna kedudukan etc. Tapi habuk pun tarak.

31. Anwar cannot hope and depend on the yahoo boys to give honest evaluation and speak with candour .

32. They aren't interested to see papa Non last long. Perhaps they are interested to make hay while it shines. Reformasi only makes you a better perasuah and pesakau .

33. I can almost see Anwar reading whisperingly the poem from TS Eliot.

34. I said to my soul, be still and wait without hope,
For hope is to hope for the wrong thing,
To wait without love, for love is to love for the wrong thing,
Yet there is faith. But the hope, love and faith are all in waiting .

35. So, hang tunggu sampai tua. Waiting for a decent response from your Yahoo boys is like Waiting for Godot .

36. He must do the right thing. Provide facts and information so that the prosecution can reopen high profile corruption cases. Especially on Zahid and the proboscis monkey.

37. Otherwise, he'll just be the Lear jet , limousine or the LV liberal. Or the Sungai long Bolshevik.


Tuesday 12 September 2023

Conduct unbecoming. The Judge.

1. Some lawyers say the judge in Zahids DNAA infamy had no choice. He was trapped between a rock and a hard place.

2. The prosecution applied for a DNAA while the defence asked for a total acquitted. Manyak susah wo.
If I swallow the mother dies, if I spit it out , the father dies .

3. I suppose it's a difficult decision for a high court judge to make, harder for a court of appeal judge, harder still for a judge sitting at the federal court .

4. Well, I think it was Robert Duvall or Michael Caine character in the Eagle has landed, who says difficult decisions is the privilege of rank .

5. I am sorry, after a decision has been made, don't make an excuse you took decision A because you had no choice.

6. If between total acquittal and DNAA, you chose the latter, it means you have a choice when you decided on the latter.

7. You have a choice to refuse both and decide that the trial or proceedings to go on .
8. How do you reconcile the current decision when almost 2 years ago, you ruled that there exists a prima facie case . Are you licking your own spit?

9. The judge should have reprimanded the prosecution bozo .
10. Whether the prosecution is prepared or not, having ruled there was indeed a prima facie case, the trial must go on. It's not the business of the judge to countenance possible mediocrity on the part of the prosecution.

11. Having made the bed, we all must now lie on it. The judge must go on because he has ruled ada prima facie case. The prosecution must go on having argued for legal culpability .

12. Like Alice, it's getting curiouser and curiouser. The conduct of the judge is perplexing. By acceding to the request of the DPP, it means he indeed has a choice, one made by the DPP. He has played favorites.

13. That's hardly a commendable conduct! YAA CJ, Potong dia punya gaji

14. This is what happens when you let things to be decided by lawyers only. It's sensible when Dick the butcher, in Shakespeare's Henry VI, says, the first thing we do, is kill all the lawyers!

15. This reminded me of a caveat by a famous judge, justice is not a technical game to be decided solely by technical experts. It's a living force that must be decided with wisdom and compassion. These two commodities seem to be better supplied by the reasonable public.

16. All right thinking people should find it repulsive at attemps to obfuscate, to engage in verbal gymnastics to make the judge superclean, sanitized and pristine .

17. Mengaku saja Lah, by acceding to the request of the blasted DPP, the judge has become an assesory in the commission of a travesty of justice. A minor assesory perhaps, but nevertheless an assesory.

18. The duty of the judge is to make the law live and breathe. By granting the DNAA, the law has gone comatose. The judge ought to dear in the pursuit of justice even though his decision leads to unpopularity. His duty is not just to apply the law technically, but to arrive at a just decision the serves the interest of society best.

19. Right now, the overriding interest of society, is to see all crooks recieved their appropriate comeuppance. Whether they robbed from a sovereign fund, from tabung haji, from a Yayasan, from rubber smallholders fund, they all must bite the dust.

20. So dear judge, don't worsen our winter of discontent . Make it glorious by the sun of justice.


Friday 8 September 2023

Is the DNAA , a D&C, forced abortion to our justice system?

1. I am dumbfounded at hearing that Zahid was given a DNAA . He was asked to enter defense earlier signalling there is case to answer. Suddenly the DPP proposed to discontinue the case and the judge accordingly granted it.

2. Dusuki Mokhtar did an Oppenheimer, inventing and dropping an hydrogen bomb on the Malaysian justice system.

3. I am inclined to believe, as Mr Bumble says, the law is an ass and an idiot .

4. If we have believed that the duty of a judge is to make the law live and breathe, the opposite has now happened .

5. It seems the judge has murdered the law. It is dead and breathless. The law cannot protect the weak against the strong. It's no longer a shield for the oppressed but a sword of the oppressor.

6. Now that the DPP wants to study the case further, justice is delayed. As one famous judge said, justice delayed is justice denied.

7. When the DPP concerned says the AG chambers wants to study the case further, it suggests the prosecution has a weak case. Or it means the case was prepared and written by not so clever DPPs and IOs.
If that is so, then it behoves the AG to terminate their services .

8. We simply have no time for timid souls, who pulled their hands back when it should have been alang2 peluk pekasam, biar sampai ke pangkal lengan. Having made the bed, you must now lie on it

9. Nearly 2 years ago, the court has established that the prosecution has proven that there was a prima facie case. So now at this advanced and late stage of the proceedings, for the prosecution to discontinue the proceedings, is unconscionable.

10. After establishing a prima facie case, calling numerous witnesses, expending court time and so on, to discontinue the proceedings is a waste of public funds and disrespectful of the courts. Yes, certainly the government through the AG chambers have a lot of things to explain to the public.

11. Some lawyers say the court is blameless and should not be faulted for discontinuing the proceedings, yada yada. Forgive me, I disagree with this argument

12. Let me remind such lawyers, that justice is done in the courts, not in the AGs chambers. A request and a representation has been made by the prosecution, the judge can either refuse or consent to it, can't he?

13. So by agreeing and possibly not paying attention to the ability to refuse the application, the court is complicit in the perversion of justice . No, the court is not shielded from this travesty. No sir.

14. The law is not a technical game to be spoken of only by so called experts . very often spoken of in fuzzy terms by these people to intimidate them . The law as a famous judge says, is a living force to be spoken of with wisdom and compassion

15. The judge in dispensing justice must be fearless and never must capitulate to political expediency. In this case, we find none of these.

16. So it's not true to say the court is insulate from blame but rather is complicit in the perversion of justice.

17. The diffident attitude of the court and the bizzare withdrawal of the proceedings, has enabled the infamous person of interest here, to gloat cockilly.

18. Aren't we ashamed, when Zahid, amidst the jubilance , in typically UMNO condescending way, says he hopes with the DNAA, all political persecution and prosecution will end.

19. DNAA sounds eerily like DNC, forced abortion of the law, made possible by the judge and the prosecution team.

20. Isn't Zahid figuratively speaking and implying that his own prosecution was and is politically motivated as do all other prosecution against the other UMNO crooks?

21. That sounds a bit shitty to me - the DPM of the ruling government saying that sort of thing? He is bloody undermining the rule of law in this country.

22. And hello, no one is above the law, sir. Wasn't it Lord Denning who said , be ye ever so high, the law is above you ?

23. Since when is the AG chambers an extension of an UMNO department? Leaked documents and memos take place and are being used by UMNO people with wanton abandon?

24. Those who actually leaked them, allowed the leak to happen, enabled the leak should be punished accordingly. That's tata kelola not tadak telor .

25. Also, we must stop regarding this prosecution as a vigilante move by a non Malay(Tommy Thomas) towards a Malay. The idea of thinking that because a prosecution is started by a non Malay and therefore must be defective and malicious, is nonsensical. Biar cerdik sikit la.

26. If you do a wrong and is caught out, you will face the law . Justice, is afterall, blind.

27. A few disagreeing voices in the AG chambers do not make the prosecution politically motivated.please leave your stupidity at Menara Hussein Onn will you?

28. We are more concerned about the leaks of internal memos and the like from the AG's office. How do these take place?

29. It can only mean that there are bad apples in the AG's office who served as informants to outside parties. Worse, we cannot discount the possibility that they do this for money .

30. The DNAA and the leaks have allowed UMNO propagandists to spin lies that further undermine the law of the land .

31. One favourite lie, is to generalise that UMNO crooks have no cases to answer. Thus the Zahid DNAA has led to calls to drop all cases against the chief crook, Najib. See, the DNAA as a result of the recklessness of a judge, has opened the floodgates to more D&C, eh DNAAs and even acquittals.

32. As to calls to drop cases against Najib, let me remind the idiot who said so, of Aristotle's remark in Ethics. One swallow does not a summer make, nor one fine day. Zahid's, perhaps a temporary fortune, may not be repeatable on Najib, samdol!

33. Herr oberlieutenant DPP must have gotten his marching orders from Herr Oberst AG. Could it be a last defiant cry from an AG scorned?

34. If so, then Herr Oberst AG Got a lot of explanation to do to us, the reasonable man. Please treat us so. We are not mere digits nor dumb asses.

35. But I doubt he will give us a believable explanation. As usual, he will give us a cock and bull story or any grandmother's tale.

36. Herr Oberst AG may possibly take instructions from Herr general, IE generalissimo Chiang An War . Here, the story gets more interesting.

37. As usual, the PM gave a standard issue answer -he does not interfere in the affairs of the judiciary.
38. But when he says, the AG has full powers and authority, that is extremely dissapointing.

39. For, it is clear he did not provide the Leadership required. In this instance to prevent a grievous wrong being committed.

40. Without a doubt, he knows the Javanese neanderthal stole monies from Yayasan takde Akal and takde Budi, yet he allowed the bloody man be given mouth to mouth resuscitation.

41. Hopefully, he doesn't administer the resuscitation himself. The java man may have eaten petai, jering or kerdas before passing out.

42. Obviously, mamu Anwar has forgotten or ignored the advice given by the great Lee Kuan Yew on Leadership, especially on how to last long as one

43. Sure, he has the desire to help other people or put the interests of people before his own. And he is excellent in communicating with them. But to last long as a leader, he needs to do at least 2 other things .
44. According to LKY, in order to last long as a leader, never break faith with the people and actually do the things you said you want to do .

45. Even if he did not do anything (non feasance), ie refrain from doing the right thing to prevent a more horendous thing from happening, regrettably people have lost faith in Anwar as an upholder of the law. Our country isn't a Negara hukum after all

46. His pompous inaction will prevent judges from using the law to protect the weak from the strong and prevent the law to be used as a shield but allowed the law to be used as a sword by the powerful .

47. Blood is in your hands, as it were, Mr PM sir. Now, cocky, emboldened and thuggish Zahid together with UMNO cybertroopers are slashing and stabbing everyone and institutions which they think have wronged them. You, Mr PM sir has unleashed the psychological terror .

48. It's UMNOs version of the night of the long knives and the cybertroopers, UMNOs brownshirts wreaking havoc.

59. On stage, the PM prances around, gettin'jiggy, jiggles around and shouts shrieking like with his typical nasal voice about rasuah, sakau, tata kelola, curi etc, but as Clara Peller the octogenarian asks, where's the beef?

50. The things that he mentions, have not been done substantially and emphatically. Or, have been done, but done in a leisurely manner, temperate and so magnanimous.

51. It's being done, like doing a painting, making crochet, eating pasembor, nasi kandar or drinking teh tarik. Don't spare, the rod la.

52. The fight against all the evils the pm spoke about cannot be so courteous,kind, temperate,gentle etc . It must dealt with some form of violence and roughness. For goodness sake, have some rough sex!

53. It's an overthrow of one parasitic class by another, the powerful by the weak, the corrupt by the virtuous. A revolusi not reformasi.

54. If the pm doesn't do all these, he'll be just a Louis Vuitton liberal.

55. The political longevity of the pm, is being determined by what he does not do. Doesn't cultivate the trust of the people by breaking faith and not doing what he said he would do .

56. In part 1 of this article, I have given arguments as to why I think the DNAA to Zahid suck. In part 2, I will argue the opposite. Why I think the DNAA is advantage to Anwar . Meat for him , but poison to Zahid.


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