October 30, 2012
People of Malaysia Vs Mahathir Bin Mohamad
by Navin-Chandra Naidu @ www.malaysiakini.com
COMMENT :Suing Dr Mahathir Mohamad is impossible, unthinkable, undesirable, unwise, or difficult? you pose this riddle since you know you do not know a answer to it.
I have been advocating this for quite a little time, though you don't seem to get anywhere. Maybe a venerable Malaysiakini subscribers will put upon their common thinking caps as well as help me assimilate this "problem" so that, maybe, you can get to get this male sued in a probity of probity (not a probity of law).
There is a good disproportion in between a probity of law as well as a probity of justice. Justice is a blind bat. Justice OW Holmes of a US Supreme Court once chastised a lawyer, as well as told him sternly that he, a lawyer, was in a probity of law, as well as not a probity of justice.
You see, Justice Holmes was not since to law of a law nonetheless he wallowed in it. He was a unsentimental male who knew that a law is "how a single could predict how a probity would decide." Lofty authorised principles in many courts in many countries have been abandoned in a unreasonable poke for a domestic solution. The litigant does not count.
In a Malaysian context, when you walk into a probity of law, it is a throw of a dice, generally after Aug 1988. If a decider is schooled in a law, as well as not since to apple-polishing his or her domestic masters, a litigant has a shot during real justice. There will be next to probity under a law.
The litigant is no better off when he gets a decider concerned about his or her pension. This is not peculiar in Malaysia only. We have a garland of loonies assigned to a Bench here in a United States, too. One decider was so obsessed he used a penis siphon under his robes when a physically attractive female prosecutor showed up in his co! urt.
Will judges climb to a occasion?
Suing Mahathir will require several thousand Malaysians entertainment together a group of pro bono publicus lawyers lawyers peaceful to work for free, yours truly included, of course to unleash a shattering authorised tsunami opposite a former budding apportion for hurtful practices, wasting open supports with his mangled sense of philanthropy as well as bigness, as well as corruption of probity by his singular cabalistic methods that resulted in a ruination of a country's prospects for next to opportunities for all Malaysians that is still booming as a determined as well as whinging reminder in a sovereign constitution (FC) as Article 8. The male has finished some-more damage than any a single else in Malaysia.
The initial as well as inaugural criterion to take into account is either a Malaysian judges, regulating Article 162(6) of FC, would caring to brave to unclothed a law of a citizens' allegations opposite a former budding minister, as well as serve as legal referees as well as umpires to a genuine hearing that would have law take centre stage instead of only proof as well as justification that a police as well as a Attorney-General's Chambers have been so proud as well as adept during manufacturing, fabricating, altering, covering up, as well as delivering as significant reality.
Malaysian judges contingency take up a slack as well as deliver judgments that can ward off a after effects of an appeal. After all, a awful as well as dreaded Adorna Properties statute as well as preference got overruled by Tan Ying Hong v Tan Sian San, that restored deferred indefeasibility of pretension as well as offering Section 340 of a National Land Code 1965 a brand new gleam as well as polish.
Our appellate judges ought to hold up a beam of probity as well as not be caught cheating with misapplied thumb pressure upon these beam but checking, rechecking as well as cross-checking all a facts that were subm! itted by a lawyers. you wonder if a Malaysian judges conduct any independent investigations similar to a European counterparts upon a Bench.
After all, a single cannot simply take any lawyer's submissions for a truth, since lawyers have been not a only ones entitled to lie in court.
A-G a stumbling block
Such a case involving a Muslim Prime Minister could be instituted in a Syariah Court that would leave a Attorney-General (A-G) unable under Article 145(3) FC. But that is exactly what is sorely desired. Malaysians do not relish a idea of a A-G agonising upon either or not to proffer charges opposite his boss.
The A-G is a stumbling block. Someday, he ought to be impeached being a sovereign decider as well as all. But that might already be happening. The blazing question is either a Syariah Court will be peaceful to arbitrate The People of Malaysia v Dr Mahathir Mohamad garbage bin Iskandar. It ought to, generally if a defendant is a Muslim, as is a case.
At a same time, a native courts ought to file another motion opposite Mahathir for grabbing their lands during his 22-year watch. The Orang Asli's motion would be rock plain since a fact that a United Nations Indigenous Peoples Forum's representatives will have to attend these lawsuits as umpires as well as referees to have sure no plaintiff is forced to flee a legal case by a internal thuggery enclaves superbly as well as efficiently run by a Royal Malaysian Police (PDRM).
The Aboriginal Peoples Act of 1954 together with Article 8(5)(c) of a sovereign constitution would be a powerful multiple opposite Mahathir in all eighteen Orang Asli Native Courts as all eighteen Orang Asli tribes will be suing a same male in eighteen opposite Native Courts.
While a syariah as well as native courts bid is under way, lawsuits ought to be filed in a High Court in Kuala Lumpur, Kota Kinabalu as well as Kuching, during a same time by a natives of Sabah as well as Sarawak. An all-out accordant b! id to mo ve this male down ought to be a most silken thing any Malaysian can consider or mental condition about.
I wallow in a fun you might have as a counsel see loyal blue probity finished to an arrogant male who thinks he is beyond as well as above a law. Mahathir substantially thinks he still wields untold energy as well as wish in Malaysia. He might still enjoy a lot of energy since a fact that a Ling Liong Sik-Port Klang Free Zone (PKFZ) case fizzled divided similar to a flash in a pan but much fanfare.
Curtain time for Dr M
The task during palm is formidable amassing all a facts, details, data, particulars, proof as well as justification to succeed in bringing this puppeteer down.
Subpoena everybody that was compared or dependent with a man. You can dont think about about a rapist case being mounted. you am articulate about a civil fit for unjust enrichment, violating a open trust, shaming a open thinking you have been a garland of fools, as well as a horde of suitable causes of action, that you am sure you Malaysians will have positively no worry in marshalling together as a must-do as well as can-do fun exercise.
Royal elect of inquiries (RCIs) have been a waste of time. Waiting for election results is another doleful exercise in calm with a crooked Election Commission to contend with. Writing books, articles, essays, ceramahs, as well as open debates aside, suing Mahathir is where a rubber meets a road. It's time for action.
Talking about making Mahathir liable is what it will take, as well as you goal as well as pray you Malaysians can rally together as well as move this fit opposite Mahathir to fruition. Powerful people in historical records could not only get divided with it. They had to pay. Some with their lives, a little wit! h prolon ged prison terms.
I hold a well-informed citizenry, similar to Malaysians today, can have a difference. The leaders of any nation cannot get zilch finished but a workers putting their bid together. Mahatma Gandhi close out as well as close down a British Empire with a elementary "bandh" effort. "Shut it down," he instructed, as well as each worker, soldier, cook, errand boy, gardener, cleaner, polisher, driver, dhobi, each alternative menial workman simply close it down.
So, my associate Malaysians, expose a man. Let's close down Mahathir. Let's close him up in prison. Let's close down his final show. It's screen time.
JUDGE NAVIN-CHANDRA NAIDU is a counsel formed in Utah, United States.
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