On the pages of story will be penned the open notice of the Umno counsel picked by the Government from the Bar, parked in the Court of Appeal for the while, as good as placed during the apex of the law during an opportune time so which he as good as his cohorts could solicit to their wishes as good as be paid the large cost for bring cherished lap-dogs!
By Martin Jalleh
Tun Zaki Tun Azmi has retired as the Chief Justice (CJ) of Bolehland. Weeks before the last curtain, he held himself in tall regard in press interviews by giving soap-box reviews of his own tenure. He felt really confident with the judiciary's achievements in reduction than 3 years (Bernama).
For the prolonged time the mainstream press had portrayed Zaki as the demure CJ. But as his retirement date drew nearer, the Malay Mail (MM) revved up the farewell accolades by revering him as the Judiciarys Renaissance male (25.08.11).
According to MMs senior manager editor Terence Fernandez the feedback he received from Zaki's contemporaries in the Federal Court together with Arifin Zakaria, Raus Sharif, James Foong, Zulkefli Ahmad Makinudin as good as Abdull Hamid Embong was which Zaki has revolutionised the judiciary.
Praise for Zakis reign additionally came from the Bar Council. Its chairperson Lim Chee Wee lauded him as the single who has surpassed the Bar's expectations as he has implemented most positive changes. Lim listed eleven of the changes (Malaysiakini, 06.09.11).
Zakis changes may have been considerable though the repute of the law was sullied irreparably during his reign of office. In the eyes of the open the law sunk so low as to concede itself to be intimidated, the autonomy as good as impartiality interfered with, as good as the firmness marked down to ignominy.
He may have achieved really good (according to Bar Council president Lim Chee Wee) though Zakis law t! he singl e after another to be the convenient stadium for the statute elite to stay ! in energy , persecute their opponents, punish dissenters as good as foster their domestic agenda, through the crime of the rule of law. Further, it became so predictable!
Zaki took great honour in reiterating which he has never presided over any Umno-related cases during his tenure. He did not need to. His cohorts generally in the appellate courts would run the legal circus upon his interest as good as even readily run riot with their silly judgments, reducing the nation in to the legal backwater!
Little wonder the Perak cases for e.g. were done the disdainful domain of the few judges who were already looked upon with augmenting dismay by the open for their viewed domestic partisanship. It was not difficult to guess given the well-regarded judges in the Federal Court were kept out.
The idealisation complaint upon Zakis law was in the form of an unsworn matter from the wharf by Anwar Ibrahim in his sodomy trial. He explained which he was opting to testify from the dock, given he had no certainty he would be tried sincerely as good as he showed in detail the courts definite bias against him to illustrate far.
He called the complete justice process zero though the conspiracy by Prime Minister Datuk Seri Najib Tun Razak to send me in to domestic oblivion by attempting once again to put me during the behind of bars this is not the criminal trial. It is the charade staged by the powers which be to put me out of movement in sequence which they sojourn in power. He was putting the law upon trial!
It is really evident which the Judiciarys Renaissance male left during the behind of the legacy of the law scandalously compromised, shamelessly quiet as good as the slew of intolerable contradictory as good as involved judgments. He unsuccessful to put his house in to sequence so he shifted his seat around to stir the little of the people, identical to those in the Bar Council!
Zakis ostensible legal refor! m was s hredded in to bits as good as his legal uncover as good as assume laid unclothed by Justice N H Chan who was furious during how the law which he had served so steadily has been r! educed t o the imitation run by those who have been "intellectual frauds.
The respected, eminent as good as retired accused Zaki's judges of putting themselves over the palejust identical to pariahs. He showed given he considered the little of the judges, generally those in the appellate courts - ignorant, incompetent, inconsistent, imposters as good as even idiots!
The afterwards Chief Justice remained silent! His conspicuous as good as the single after another overpower gave conviction to the justice of open opinion which it is the single of "quiet subservience". Evidently, it would be safer to contend the status quo as good as to contend which he was really confident with the judiciary's achievements in reduction than 3 years.
There were those who interpreted Zaki's overpower as him allowing, approving, aiding as good as abetting with members of the law who had left during the behind of the passed constitution, bad as good as perverse decisions, indeterminate declaratory orders, judgments devoid of reasoned grounds, as good as infamous double standards.
The Government must have been really gratified with the fine opening of their arguable Renaissance Man. It even done the new rider of the remuneration law in Parliament so which Zaki can ride in to the nightfall with the full grant after serving only for reduction than 3 years! Zaki was so touched, he invited the PM for the cup of tea though it combined utterly the storm!
Creatures of the Government
In Dec. 2009, Abdul Aziz Bari, the inherent law expert, declared which the law has been marked down to the single which takes the justification from the government.) But it has been the afterwards CJs idea which given the 1988 legal predicament the certainty in the law has improved the great understanding (The Nut Graph, 26.0! 3.10)!
Zaki called those who criticized the law for the miss of autonomy the small group of vociferous people out there, who go onto the internet as good as blogs as good as Facebook as good as all which as good as have comments but knowing the proper background. Many have been not even lawyers.
A few months later counsel Edmund Bon, who was afterwards the authority of the c! onstitut ional law committee of the Bar Council suggested which the notice which the law is executive-compliant still remains compartment today (Free Malaysia Today, 17.08.10)!
According to former Federal Court judge Gopal Sri Ram: the law has turn so executive-minded as good as which the judges have turn creatures of the supervision (Malaysiakini, 16.09.10).
The NST quoted Zaki upon twelve May this year which feedback from lawyers showed which they were happy with the firmness of the law as good as had not heard anything disastrous given 2008. He added: "I am certain many, if not all, determine which the Malaysian law is right divided free from any criticism or indictment of bias or partiality."
Very assumingly he had not listened to N H Chan who had mostly forked out which the Perak predicament has brought out the host of cases which showed which the judges gave the sense which they were one-sided. The notice of the people is which they sided with the BN government.
Zaki Azmi, the Judiciarys Renaissance male has left during the behind of the legacy of the law scandalously compromised, shamelessly quiet as good as the slew of intolerable contradictory as good as involved judgments. Below have been the little examples.
Cowardice & Cold Feet in the Courts
The less-than-three-year reign of Zaki Azmi saw the Federal Court shirking the responsibility to govern probity by disappearing to answer blazing inherent questions generally those associated to conversion issues.
There were instances when it chose not to have the statute though preferred to dismiss the box upon te! chnicali ties instead. There is no improved e.g. of this which the Shamala Sathiyaseelan appeal. The vivid truth is which the justice of last resort in this nation is not the Federal Court, though domestic expediency.
Commenting upon the issue, the Bar Council said which the Federal Court unsuccessful to be wilful as good as abdicated the role as the idealisation arbiter in disputes involving inherent questions as good as jurisdictional conflict."
Respected counsel Ar! t Harun concurred: we have lost equate of the number of cases which involve inter-faith conflicts arising from conversion as good as re-conversion of the chairman from the single conviction to another mostly from the single conviction to Islam as good as behind to the strange conviction where the Federal Court had selected not to have the ruling, preferring to dismiss the box upon technicalities instead.
On 28 July 2010 Zaki shied divided from explaining given the Court of Appeal has nonetheless to set the conference date for the controversial Allah justice box some-more than the year after it was filed. (The Catholic Church, which had initially agreed to stay publishing the word after the series of attacks pennyless out nationwide following the statute upon 31 Dec. 2009, has grown anxious during the extraordinary delay.)
On 8 Sept. this year, the three-member row of the Federal Court led by Zaki, an unanimous decision, dismissed the consequential interest by 5 Sarawak native prevalent rights landowners, the preference which will adversely affect some-more than 100 identical cases (Malaysiakini).
Both Zaki as good as another part of of the panel, refused to interpret the inherent subject affecting native prevalent right land in Sarawak with the excuse which the emanate of unconstitutionality was not raised or scrupulously canvassed before the Court.
Baru Bian, the single of the lawyers for the locals forked out which there were in actuality verbal as good as written submissions upon the matter. The judges ! were eva ding the practical problem upon the ground. Law highbrow Abdul Aziz Bari opined which by refusing to understanding with the constitutionality issue, the Federal justice has abdicated the duty.
Contradictions
Zakis quiet law took the justification from the supervision as good as this resulted in the courts being riddled with self-contradictions or courts contradicting the single another, during times to the silly extent! Below have been the little examples.
On 9 Feb. the Federal Court in the box of either PR's Mohammad Nizar Jamaluddin or BNs Zambry Abd Kadir is the legitimate Menteri Besar of Perak abandoned (and contradicted) t! he estab lished precedents.
On twenty-five Feb. 2010 the Federal Court unanimously decided not to review the twenty-nine Jan. preference barring Anwar Ibrahim from access to the documents "which would be tendered as part of the justification for the prosecution" as good as "a written matter of facts enlightened to the defence" which he is entitled to.
There had been 10 previous decisions given 2001, presided by 4 previous arch justices where the Federal Court authorised the review of the own decision. Further, the month earlier (21.01.10) the Federal Court, acting upon an application by the CJ reviewed as good as revised the ludicrous as good as perverse preference done the decade ago. One of the judges upon the row was Zulkefli Ahmad Makinudin. He was additionally upon the row of the twenty-five Feb. hearing! In other difference he contradicted himself about the month later!
On 5 Aug. the choosing justice threw out Zaid Ibrahim's apply to to declare the choosing of P Kamalanathan as MP of Hulu Selangor upon Apr twenty-five void, for Zaid unsuccessful to concede sum to behind up his claims which the poll results were shabby by bribery as good as corruption.
In the Sodomy II box the justice held which the sum military reports, list of witnesses, medical reports of the prosecution's ongoing box against Anwar Ibrahim for! sodomy, sum which have been as the norm furnished to the counterclaim during the begin of the conference have not been fatal to the prosecution's case.
In April, in the box in between ousted Perak Speaker V Sivakumar as good as BN assemblymen in Perak, the Federal Court ruled which it was authorised to scrutinise in to legislative proceedings. It over from the fashion which gives respect to the doctrine of separation of powers.
On twenty-two Oct 2010 (in the box brought about by Puchong MP Gobind Singh Deo) the High Court ruled which legislative record cannot be challenged in court. The constitution was autarchic as good as which it cannot subject record of the Dewan Rakyat.
Other than introducing measures to speed up cases as good as ensure judgments have been issued upon time, Zaki has additionally been dogged by c! ontrover sy during his time as CJ, the idealisation over amendments which concede him to get the full grant notwithstanding serving just the few years in the judiciary.
On the pages of story will be penned the open notice of the Umno counsel picked by the Government from the Bar, parked in the Court of Appeal for the while, as good as placed during the apex of the law during an opportune time so which he as good as his cohorts could solicit to their wishes as good as be paid the large cost for bring cherished lap-dogs!
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