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Be damned that we will face international ridicule, condemnation & loss of goodwill. What have we got to lose? Only our status as one of the world's largest trading nations. So what if the rakyat had spoken thru the ballot boxes? Its only useful if BN get a 2/3 majority. Otherwise they revert to an autocracy backed by a castrated media & the brute force of the police.
Like me said, it is no great surprise that BN chose to bulldoze ahead with the case. But what now? Unless Anwar can bring good his promise that there'll be mass defections, we are well & truly screwed. Without the figurehead that kept the coalition going & winning the hearts & minds of many a voter, the opposition sweep of the last GE will be nothing but a minor hiccup on the Barisan Najis radar.
Me prays that something will help deliver us from the tyranny of this current regime. Sigh . . .
ps: Poster above is taken from satirist Mob's Crib collection (http://mob1900.blogspot.com/) & the article below is taken from Malaysian Insider. Please read & look forward to reading yer comments.
Breaking the rule of whose law?
By Yusmadi Yusoff
AUG 7 — We have been incessantly reminded by government leaders that we should abide by the law. That, in order for justice to prevail, we should uphold the rule of law. The Prime Minister again reminded us that we should be fair and that the law must allow a complainant to seek legitimate redress.
The Prime Minister cautioned the public to "remember" that there is a valid complaint by Mohd Saiful Bukhari Azlan against Datuk Seri Anwar Ibrahim to be entertained. That it was, after all, done in accordance with the dictates of the law.
That, again, any public outcry against the charges framed against Anwar is unnecessary and would jeopardise peace and order in society. As we moved into another series of the Anwar Ibrahim trials, reminiscent of the 1998 saga, we have again been given legal tutelage by government ministers.
It is assumed that as long as the process involves the court of law, justice would prevail. It is also assumed that a charge can only be framed in the face of credible evidence, as weighed by the institutions of justice. These are the assumptions thrown about in the mainstream media on a daily basis, so that the people understand and appreciate that the fair game of justice is at work.
We have been made to understand that we should let the law take its course. Lady Justice, holding the balancing scales, would forever be blinded from prejudices and would decide without fear or favour. The assumption is only theoretically correct, lest we forget that even justice can be a game, with willing pawns, charting its own rules for its own needs.
The free use of the terms "rule of law" and "due process" as a means to justify action by politicians demands serious examination. As simple as it sounds, "rule of law" in fact reflects a serious concept which has often been misused and its philosophical and jurisprudential considerations largely ignored.
First and foremost, rule of law does not equate to mere application of rule by law, regardless of the substance of the law invoked. Throughout history, laws have constantly been challenged for elements of discrimination and oppression. Hence, even the substance of the law must be examined before the application of the law can be accepted.
Secondly, rule of law, even at its most minimal level, demands the application of the law to be devoid of external influences, especially governmental influence and that the institution adjudicating the laws ought to be free from corruption. External influences create ripples of instability, which may grow and endanger the order and legal certainty that is assumed with the rule of law. Rule of law shares an extremely intimate relationship with the other dimensions of a democratic government. In the truest form, it demands an independent judiciary, political rights, civil liberties and mechanisms of accountability to ensure that it remains true to form.
Thirdly, we have to understand that rule of law rests on the pillar of democracy. In a society where the word of the minister is often quoted to be the gospel truth, we need to urgently step back and recall Thomas Paine's warning that "in absolute governments, the King is law, so in free countries the law ought to be King and there ought to be no other".
Before parading the rule of law to diplomats and the media, as constantly exercised by Home Minister Datuk Syed Hamid Albar, we have to first honestly answer if we have been a free country in our practice of the law. We are hard pressed to honestly answer if we have been a country which protects, strengthens and empowers the agents of the rule of law.
Democracy, protection of human rights and protection from bureaucratic caprice and corruption certainly cannot be divorced from the discussion with regards to the rule of law. Any attempt to do so means that the rules which have been promulgated exist within a system which is known only to autocratic despots and German Nazis. The notion that rule of law is an automated system which guarantees justice cannot be true when the substance of the law and its agents are constantly questioned even by the very people governed by the system.
Serious doubts and questions were asked by the Bar Council and the public, mainly through the alternative media, on the veracity of the charges made in the police report. Yet, the questions posed were replied by affording denials, almost evasive if one were to recall the media statements made by Hospital Pusrawi on the medical report of Saiful Bukhari.
The call by the Prime Minister himself for Anwar to "deliver" his DNA to the authorities is another incident which smacks of legal and scientific ignorance. The public demanded answers and obtained denials. They may have been "answers" but in fact, they created further questions and undoubtedly fuelled further speculation. More damaging, the "rule of law" as practised in Malaysia, now hangs precariously for the whole world to see.
The controversial trials of Norita Samsudin and Datuk Norjan Khan and, lately, of Altantuya Shariibuu certainly beg the question of whether the rule of law is in place. In the eyes of the public, the institutions of justice have not "delivered" up to expectations. The lack of public confidence automatically means the lack of "legitimacy". In short, the rule of law cannot exist in the true sense when it is administered by a questionable system.
The philosophy of punishment is deterrence. Yet, there would be none should the delivery mechanism be tainted with abuse and doubted by the people it serves.
Rule of law demands categorical commitment to democracy and basic protection of human rights. Anything less means that we are not entitled to invoke it as a tool to justify action. The rights of not one but all citizens are at risk without a vigorous application of a truly democratic rule of law.
Often quoting or misquoting the "rule of law" in order to justify questionable action in the face of glaring questions is a retrogressive and an unabashed embrace of Machiavellian politics — that the end justifies the means. Getulio Vargas, the former Brazilian President, was reported to have said: "For my friends, everything, for my enemies the law." Such is the power of the law.
Yusmadi Yusoff is the Parti Keadilan Rakyat MP for Balik Pulau and currently a Fellow at the Center on Democracy, Development and the Rule of Law at Stanford University, the United States.
33 comments:
Man,this really cuts the cake. The first reports damns the second medical report and the discrepancy is clear cut. Logically and legally this case would be thrown out at the hearings. I doubt if the government can do anything about it. After all, Datuk Idris Harun the solicitor general is a little green as compared to the legal team of DSAI.
Then again, Big Brother wins!
Then again, no. After all, if Nelson Mandela can do it so can DSAI!
For a better future and a better tomorrow. Throw the idiots out of the office!
Liberte! Fraternite! Egalite!
my mom was just telling me yesterday "have u heard? they're gonna handcuff Anwar again tmrw"
they will do all they can to stop him and i doubt there's much that Anwar can do.
ALBERTUS: Too right but these bastards tried to supress that piece of evidence in the first place. Now, the medical doctor witness also disappeared. Fook me lar.
senorita: Am hoping Anwar has an ace up his sleeve . . . fer all our sakes.
i will be 21 in November.
senorita: Make sure you get registered! Meanwhile, you can get yer friends who are 21 to sign up. Am sure ye can be very persuasive. Democracy needs voters to survive!
Please do yer bit! Muchos Gracias!
AD: Me too hopes DSAI has a fooking ace up his sleeve as well.
me read star on line this morning and was amused by the following clipping about bodohwi denying that he had anything to do with the case:-
On whether Saiful would also be charged if he was a willing partner, Bodohwi said:
“You better read your law. If there is rape will the accused have to face action. This is a matter for the law. But I am not lawyer and I won’t get involved. We’ll see what happens in court.”
my question is, if he is a willing partner, it wouldn't be rape innit?? So why compare it to a rape case? if got nothing to say, say no comment... don't try to be smart.
achilles: Well, it would appear the ace has appeared!
Go to http://us3.malaysia-today.net/2008/content/view/10901/84/ .
Raja Petra has published a statutory declaration by DrOsman that there is NO evidence of anal sex when he examined Saiful.
He also says he was intimidated by the police.
Let's hope this DrOsman doesn't disappear as well!
http://www.malaysiawaves.com/2008/08/reports-from-rumor-mills-on-anwar-issue_07.html
dude, interesting link above for fellow FFS-ians to venture. and quite an interesting blog as well. written almost scientifically.
thanks.
"..if the kids are united, then they'll never be divided"
- jimmy pursey, sham69.
lil' too idealistic perhaps? moz's vision gettin blurred; disillusioned, mamai giler la bro.
FFSites, time to unite? *sigh*
AD Dude: Thanks for the aritiatcle. Of course rule of law makes no sense when it is chronically corroded adoes nnd ot command the believe and trust of the people. And of course all of us know that this sodomy case is just a charade by the BN fucks!.
Got a question for you that i keep asking myself. What sort of change are we looking for???
I mean PKR are just ex-UMNO anyway(all up through their throats with past corruption and cronieism...what!..well coffee boy going for overseas trips, jumpin' frog Ezam with hidden secrets, obscure massive funding from nowhere for their massive campaigns...etc) and the crossovers(what! the BN fucks suddenly seen the light...hallelujah!..am no more corrupt and stupid now!). Corruption/Cronieism/Enriching oneself is endemic to evey level of society back home. Every fucker in power or wealth owes it to some fuckin corrupt politcian to be in that position..may it be the authorities(police), judiciary, bussinesmen, politicians, GLC's CEO's, constableDude..etc. You mean we're gonna put half the population behind bars? Well perhaps you mean action as a catalyst for change(and that is already happening with a strengthening opposition)..as for anything is better than the hypocritical bastards that are BN.
Respect and admire your efforts dude, but shall always be skeptical and will continue voicing my 20sen intoxicated opinions...whilst watching our nation turn from a karipap nation to a samosa nation.
Good luck in you quest!
M.
p/s: Cell Block1: Mahathir and his cronies, CellBlock2: Badawi/Najib and his cronies, CellBlock3: The PAS Dudes(with added hypocritical religious facilities..i mean no MTV!), CellBlock4: Anwar and his PKR Dudes, CellBock5:The Judiciary and AG's office(with added facilities to have their Bar-Bench Games), CellBlock5: AnathaK, Vincent, other rich bussinessDudes..etc... oh wait I've just described Malaysia as it is!
M.
AD: Me biggest fear now is a repeat of the Balasubramaniam incident... hope it doesn't happen.
Read declaration... dude... dirty tricks.. making the doctor sign the typed out report and conveniently adding in new facts. plus it was in BM, so the doc can't understand.... wow... not bad. BN does have some amount of creativity and intelligence when they need it.
Moz: Tq fer link.
Mohan: Before me answers yer question; allow me this. Do we do nothing & watch as the country sinks further into a cesspool?
Anyways, yes, the system is fooked from top to bottom. From hopping politicos to the very institutions needed to safeguard our well being.
Fer me, change must come from somewhere. If we are just gonna sit back & say the next lot are gonna be no better, how will we ever know? At least within Pakatan, there is a diverse mix of ideology & power is shared almost equally (unlike in BN) fer there to be internal checks & balances.
Fer instance, in Penang & Selangor, they are already beginning to uncover the shitty deals that cost us BILLIONS. That is a start.
Pakatan has promised a equal platform fer all. Also DAP & PAS have long championed fer the abolition of the ISA & other draconian & outmoded laws. No good?
While you say that these politicians are quick to say what we wanna hear; dude, its way better than listening to pompous fookheads like Syed Hamid, khir, MMTaib et al spout shit - no logic, no respect, no meaning & yet they are in power & allowed to hoover up public monies.
Lest we forget Bodohwi promised reform to the cops, ACA, judiciary, money politics et al. Hence his landslide in GE12. He has failed & people have voiced out their displeasure.
Similarly, if Pakatan fails miserably with its policies & reforms, they will be booted out.
But BEFORE we boot em out, why not give em a chance. See what happens. When there's a chance fer two or more parties to gain power, do you not think everyone will be more circumspect?
People are fed up of the extravagant displays of wealth. Its rubbing people's noses in it. So isn't it a refreshing change to see Tok Guru & Guan Eng living in very modest accomodations? That's called leading by example.
As fer secret stash funding Keadilan campaigns, LLT & meself noted the conspicous absence of donation drives by Keadilan unlike DAP ceramahs. We are NOT naive la dude. Sometime you have to swallow some shit fer the greater good la.
The judiciary & the police will need some serious repairing. Like me said, voters gave Bodohwi an overwhelming majority when he promised to change/reform after 22 fooking years of unbridled mahathirism. He failed. No he pay the price la.
Yes, similar problems are experienced in many countries. But that doesn't mean me has to sit down & accept it. Fer change to happen there must be some discomfort & hardship even as our nation adjust to a new political climate.
But this is just me pontificating. Very simple, go ask yer average Malay taxi driver & he'll tell you he is sick of UMNO millionaire Datuks who insist on monopolising the licences. Ask the pasar malam trader & s/he will tell you they are fed up that enforcement authorities are only giving permits to those who know the right UMNO Datuk etc.
Now, go ask a taxi driver or trader from Kelanatn & whether they have such similar headaches.
From top to bottom, ramai dah fed up la brudder. Me would like nothing better than to talk footie & metal 24/7 but such is the scenario in our country.
TQ fer yer comments. As always, look forward to more. Take care.
Dude's been released on a RM 20k bond..Whoaha!
Anywayz, done my part in my blog. Do check it out
TQ Tinesh.
Well they can charge DSAI for "consensual" anal sex but not the other party that also had it "consensualy" ? Smell a rat somewhere?
unfortunately, the dr is standing by his report (ISA mut have gasak-ed him with some tongkat ali for his wife lah).
As for the Saiful - they cannot charge him coz he's the "key witness" of the case. Bet they failed to remember that he was also the ONLY witness in the case-sucking on some pisang lah.
Check out my latest entry dei....was shaking with fury as i was typing out the Sufiah post. Damn jialat. Beh tong.
Jon C has got a point.
First of all, they made it look like it was involuntary... ie DSAI overpowered the poor victim...then people brought up the point of how stupid it is to suggest that a 61 year old could overpower the young Saiful who is only 23...couldn't he just runaway? Then today's paper, they say DSAI is being charged under 377B, which means it was voluntary...ie Saiful bent over willingly...If it's voluntary, then he is in the wrong as well right?
Also, if its fooking voluntary, why are you lodging a police report in the first place??? Kinda fooking stupid isn't it, since you will be foooking convicted and thrown into jail as well?? Why incriminate your own self.
I seriously think that using my brains to process this crap is just NOT worth it!! BN is just losing it big time and trying anything and everthing...
I put a short "engineering" pro and cons of BN & PAKATAN on me blog...easier read!!...lol...
classyadele: You refering to DrOsman? If you are, we are keeping our fingers crossed that he doesn't disappear or fooking change his testimony in court. Gua tabik the guy la fer telling the truth even though that has meant putting his family in hram's way.
JonC: Smell a rat? Pls see above/latest posting on Pungent Stench!
Achilles: The poor kid, gonna get sodomised fer real in a real jail!
ps: Hope you will spread the word on the upside down flag campaign!
nanda: But you will be surprised by how many who terpedaya by BN's lies. Even some educated people have said they have heard that "sodomy & Anwar are comfortable bedfellows" . . .
AD. I admire you for having the patience to explain something that's so blatantly obvious to Mohan.
This guy is cynical to the point of being apathetic. But that's alright seeing that there are many like him.
But what I found galling is his smugness in how he ended his comment by wishing you "good luck in you (sic) quest". Like everyone's a fucking idiot wasting their time in believing in something and fighting for it.
First there was Tony. And then there is VV. But this guy really takes the cake. (ok. we can fit akuani somewhere in here as well)
Hey, do us FFS regulars a favour by moderating the comments. Then we can have a more intelligent forum on the stuff you post on. You know, less of this "we're all fucked, you're wasting your time etc" apathetic sort of comments.
I know, I know. Everyone's entitled to their opinion. But hey, this isn't my blog. But if it were... you know what I'm like with comment moderation. I think you got to do it. You know, filter out comments. Even for those who obviously have nothing to say but yet feel compelled to write something.
That's it buddy. I'm gonna stop here. God knows I won't let a comment like this go on my blog.
Nick M Dude: I'd like to say a lot of nasty things..but I can't! All i can do is apologise if i have offended you.
M.
mohan & nick: Its just a fair exchange of views here . . .
Keep it coming.
Me may get passionate & over excited at times during political discussions but me still believes in yer right to speak yer mind.
ps: Me draws the line when it comes to bad mouthing LFC though
Tuan Nick M: sorry, i grossly disagree.
point:
failed to see the point in blogging, if that were the case - i.e. a discerning censorship of sorts, which to a certain extent equate avenues such as this establishment, LGL and heck even 23.psi.com to them so-called newly baptized and rejuvenated ex-goverment servants who are currently actively
blogging.
point:
i don't quite agree with 3/4ths of what tuan mohan say either. but it's his viewpoint, ergo he has a right; unless of course, the bossmen of the blog sit him down over a pint or two (too little?:)) ) and read him the rites of a blog funeral. even then, its his right.
point to bala/kerp: dudes, listen, ever so often i know to large degree i'm morosely deranged in most of me self-gratiating spiels, and i have doubted meself many a times perenially itchin to hit the backspace while typing. why? well it is irksome (yes la i realise that) readin' through heaps of nervyshitinducing crap. yes, people have better things to do with their lives. having said that, i am appreciative of this tuft of pitch given me to stand and piss on. the question to be asked right now is:
a) which particular tuft of which particular pitch are you on about moz?;
b) which sane person in his sober mind would grant me this tuft of grass?; &
c) moz - how come i dun see ya blethering on about like an overtipped prostitute in other blogs?
therein dudes - i'm really appreciative. if you don't like it, just gimme a buzz. no farkin worries you hear me? all's fair and square mates. just wanted ye to know. will still punch it in a more direct forthcoming way.
point:
also find meself turnin into blogs to view a numerous individual's comments sometimes just to hear what he says, because of his different take on things to make yu go hmm, why didn't i think of that e.g. case in particular a certain Mr.ISA of FFS and mr.KTN(kata tak nak) of LGL and numerous others e.g. premo/mark/akuani,etc.
pretty sprightly crunchy comments that injects some freakin colour into an otherwise
mundane existence.
in short, i don't think its anybody's
goddamned
right.
cheers mon.have a great weekend.
appreciatively,
moz.
p.s. pungent stench eh?..will give it a try.
moz: Well said la dude. Can be quite lucid at times la you hee hee.
Yes, diasgreements over various issues are part & parcel of having a blog of this nature. Me welcomes all sorts of diverse comments.
It is then up to me to change that person's viewpoint & vice versa ie perhaps make me come round to their way of thinking.
And of course, yer Burroughs-like ramblings add a differnet hue of colour to the proceedings.
So Akuani, Mohan, Becky & whoever else has a differing viewpoint, pls drop us a line. Its all cool.
But like me said, me draws the line when it comes to LFC . . .
Bro, you tak pernah dengar Pungent Stench ah? Do you not think its title & artwork is most apt fer our current scenario? Hope you like the metal pick of the week!
Have a good weekend & don't down too many Bear beers!
Moz. I totally agree with you that everyone's entitled to his/her opinion. The blogger or owner of the blog, however, is a curator of conversation. Like art or museum curators, he or she must decide what in terms of comments goes and what doesn't. It's not a matter of censorship though one could argue that it is.
So where do you draw the line? A.D. being the owner of this blog has decided to accept all comments. I just happen to think that if you curate the conversation you get a much better discussion and take home value. It’s good to have differing views in a forum but it would be great if good cogent reasons were offered for them rather than sweeping statements and generalisations.
Nicholas Mun: ".... sweeping statements and generalizations" - indeed I guess it takes one to identify another is my guess.
I would think after such a sweeping statement and generalization, one such as I who refuse to be part of ANY FOOKING herd has been quite clearly told to fooking keep my trap shut ... which geez for all the hot air about change, kinda just sounds like the imbeciles you folks want to get rid off ...
Got the message loud and clear. Doesn't sound like much change to me, just new packaging if the very ones demanding change act vis-a-vis status quo.
Mr Nick, if a blog owner starts censoring another person's view -even if all he said was "im sick of this shit, im gonna cut my wrist- it's an act blardy similar to the government la.
Cyberspace is one place where there's hardly any censorship, and in that case, our basic human rights is being upheld.
So, I disagree if Bala censors a commentor's view. My lima sen :P
Mohan: No need for apologies. You were speaking your mind and so was I. Furthermore, I forgot to take my medication yesterday.
Ani: You can have the last word on that. ;-)
Tinesh: Looks like your mind's made up that moderation = censorship. But I've never said in any of my comments here that differing views should be left out. It's more about how those views are expressed.
Personally, I've had a comment removed simply because I complimented the writer on his blog. It was a rather extreme stand that he took but I got the message. If you have something of value to add to the discussion, then by all means, please do so. If you don't, then move along. A comment though inoffensive can be inappropriate.
Fact is, all comments beginning with my first one here ought to have been deleted simply because it has nothing to do with AD's post.
To me that's comment moderation not censorship.
With all the child porn/pedophilia, racist and extremist religious sites, you can rest assured the free speech is alive and well on the Internet.
Cheers.
tinesh: Me hasn't censored anyone, so far. And that includes yer little scum rant about us stopping you from winning FIVE EUROPEAN CUPS between 86-90. Fair enuff?
Akuani: Me has NEVER asked you or anyone to shut their trap as you put it. Get some perspective maybe but . . .
Very disappointing la yer observations.
You seem to think that whenever more than two people agree its a "herd mentality". Eh?
Me may disagree with you but have always sought to discuss it with you even with a phone call.
Fer example, yer contention that Anwar is a lying sodomite that canna be trusted. Me asked you what are the alternatives? Najib? Khir? Hishamuddin? You said no, course not. So how?
You said you voted fer a bigger & more effective opposition. Again, me pointed out that BN has used all its might in stalling & ostructing governance in the five states. Again you agreed. What do we do?
Me has repeatedly said me do not blindly worship at Anwar's altar. Though you & Isa disagree, fact is he is the acceptable face to many fence sitters. Malay voters unhappy with UMNO would not vote DAP. Similarly, non-Malay voters are apprehensive about PAS. An opposition headed by either Kit Siang or Hadi Awang will always be of limited impact. Yes? No?
Anwar has belatedly given us, the rakyat, an opportunity to teach BN a lesson. What is wrong with that?
As fer you lumping everyone here as "you folks" show how much understanding you have of the differing & divergent views aired here.
Me fer one will never countenance applying the same rules that BN has made us suffer. No to race politics, NO to media censorship, No to judicial tampering, NO to Islamization policies. Me thinks you agree on all those points, rite, so how is me "you folks"?
Mohan: Me considers this issue with Nick settled as both of you have very amicably said fuggetaboudit. Ok?
But please note that we are fighting fer our future as Malaysians here, hence some very passionate & firmly-held beliefs.
We are talking about our nation's future & our place in it. So while you are most welcome to add or disagree, bear in mind that this is NOT mere commenting on cartoon/circus politics; rather the map of our future.
So please excuse us if me comes across as belligerent. Sometimes yer "big brudder" / "herd mentality" comments tend to belittle our hopes & aspirations fer this country.
As you pointed out with Malik's blog, those are hopes we all share. And Malik has put his LIFE on the line to fight fer people like Lina Joy & has gone against the POLITICAL might of UMNO & its machinery which seeks to use him as an example of a traitor in the 'Ketuanan Melayu' & 'Pengkhianat Islam' issues.
Death threats, police intimidation & ISA have all been hurled at him. He does not sit at home sipping scotch & claim to be apolitical whilst hoping fer the ideals he wrote about to magically appear.
Again, you are always welcome to submit yer thoughts on all issues, but please do not think we are doing this merely to amuse ourselves. The fear of where our country is leading is very real. Hence me irritation at those who have NOT registered.
ps: As a peace offering, me will be posting link to entire Depeche Mode discography (including singles & Eps) courtesy of NickM.
Nick: Me takes yer point on moderation. Well read blogs like Rocky, Patrick Teoh & Muststopthis all moderate their comments. Don't see anyone complaining there.
But this is a small & FRIENDLY forum, so me canna be bothered.
To everyone, have a good weekend.
ps: COMMON POMPEY!!!
AD: have to appreciate that you call to talk thoughts through :))
However, UNTIL I see some of that infamous paandi curry coming my way, am on a 'sabbatical of sorts' *ehehehhe*
It's rather interesting me thinks the comments here ... interesting conversation material no doubt :))
Nick M: **smiles unwaveringly**
akuani: Coming soon.
And as always welcome you to join us in discussions & to download some metal!
Don't be a stranger, ok?
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