A reader wrote about who is JUSTICE RAMLY MOHD ALI, the one month-old novice in Court of Appeal and former High Court Judge in COMMERCIAL DIVISION, who within 19 hours gave a stay of executive to the landmark decision of the KL High Court which had ruled that Datuk Seri Nizar is, and was at all materal time, the MB of Perak.
Who is judge Ramli Ali, the judge that gave Zambry an stay within 3 hours?
Well, he is a Lingam appointed judge. A former Chief Registrar of the courts. When Lingam was talking to the disgraced Fairuz on how they were to manipulate the judiciary and appoint their cronies into the bench, Lingam said that Ramli was among the three preferred to be appointed by him. The other two were Datuk Heliliah Mohd Yusuf, a former Solicitor-General and Datuk Ahmad Maarop, a former commissioner of Law Revision. They were appointed as directed by Lingam and agreed upon by Vincent Tan and Mahathir on February 1. 2002.
Dear Malaysians, that's the man who gave a ridiculous stay to Zambry within 3 hours. Oh, by the way, Mohd Nizar needs to wait for about 6 days for his appeal to be heard. 1BlackMalaysia. Performance for Umno now. Malaysia later.
P.s Refer to the Lingam tape for verification. (Also read Jeffooi's blog)
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by
Matthias Chang
Matthias Chang is a Barrister of 31 years standing and once served as the Political Secretary to the former Prime Minister of Malaysia, Tun Dr. Mahathir Mohamad. He is the author of three bestsellers, “Future FastForward”, “Brainwashed for War, Programmed to Kill”, and “The Shadow Money-Lenders and the Global Financial Tsunami”, published in the US and in Malaysia. Read here for more on Fast Forward Blog
The pressure on the High Court Judge to do what is “politically correct” must have been intense.
There is a culture prevalent among some members of the judiciary that it is better to make “politically correct” decisions so as to secure one’s career than to do justice on the spurious ground that there are appellate courts which should bear the weight and responsibility of such controversial decisions.
It is the passing-the-buck syndrome.These judges would surmise that if they handed down a judgment which is not politically correct and on appeal, the judgment is overruled, it is as good as ending their career – cold storaged till retirement age.
Better that the Federal Court (the Apex Court) being the final authority, bear the brunt of the Executive’s wrath as they have the advantage of strength in numbers, as the corum of the Apex Court can be enlarged to nine.
There is safety in numbers.
Therefore, credit must be given to the Honourable Justice Datuk Abdul Aziz Abdul Rahim for handing down this historic judgment.
Lawyers are officers of the court and like judges, must likewise be courageous in the discharge of their duties. They must not pander to the whims and fancies of their client, no matter how powerful.
If a case is crystal clear and the client is wrong, it behoves the lawyer to advice the client accordingly so as not to pervert the course of justice.
A courageous lawyer in such circumstances will also lend assistance to a Judge to arrive at a just decision and not succumb to the temptation to do what is deemed “politically correct”.
The observation of the Judge as to the conduct of the State Legal Adviser, Datuk Ahmad Kamal illustrates the above principle.
It was reported in the Sun newspaper and I quote:
“On the issue of the affidavit by Perak State Legal Adviser Datuk Ahmad Kamal Md Shahid, Abdul Aziz ruled that he was not a neutral and impartial witness. ‘It was his own admission that he was instructed by the respondent’s counsel to affirm the affidavit. The word instructed is a very strong word. To me, he is not a neutral or impartial witness; his testimony was coloured by the instruction that he received,’ said Abdul Aziz.Given the above observations by the said Judge, it seems to me not right for the Counsel for the respondents to “instruct” the State Legal Adviser to affirm an affidavit in the manner in which it was done.
“Kamal is the State Legal Adviser and his duty is to advise on all legal matters referred to him, including advising Nizar on the draft proclamation…”
It has been indicated by the Prime Minister that Barisan Nasional would be appealing to the Court of Appeal against the judgment handed down by the High Court.
If, the Prime Minister is sincere in his comments that politicians must be humble and gain the trust of the rakyat, then he must practice what he had preached.
And if he has the confidence and trust of the rakyat, he should have no qualms in agreeing to the dissolution of the Perak State Assembly, have a snap election and let the rakyat be the ultimate judge as to which government they want to rule over them in the state of Perak.
If the Prime Minister insist that might is right, he will be the first one-term prime minister in Malaysia.
While Badawi has the ignominious distinction of having wrecked the Barisan Nasional, it would be Najib who will be vilified for burying UMNO under the rubbish heap of history.
Members of UMNO, you better ensure that Najib makes the right decision or your “gravy train” will be derailed for good.
6 comments:
I salute the courage and valour of a great Judge and a true Malayian; hail! Justice Dato Abdul Aziz Abdul Rahim, you are the first Judge of the Malaysian Judiciary who has lived by your oath of office to uphold the law without fear or favour. It is because of the courageous act of Mr Justice Dato Abdul Aziz Abdul Rahim that for all Malaysians there still live in our spirit the will to dare to hope for a Malaysia that cherishes the true value of democcracy and RULE OF LAW.
To my brother & sisters of Malaysia, these past 51 years of independance have not delivered to us as a nation, a true spirit of one nation, we were intentionally divided into several narrow interested communities to achieve a very narrow and selfish end and that end was the entrenched survival of the UMNO.
For the last 51 years Malaysia has been myopic and lacked a vision to truely galvanise the nation to achieve greater heights of development and progress in a modern world; Malaysia stuck to a self defeating and narrow path that was mainly intended to promote narrow selfish interests. However, in this modern world of the internet, people have come to learn more of what is the truth and have become more educated to what is needed to advance and progress as a nation; we need to pull together as a modern nation of 100% made up of Malays, Chinese and Indians and not to marginalise the minorities to the extend that in the Malaysia of these days, IT IS PREFERABLE FOR THE CHINESE & INDIANS TO MIGRATE WHENEVER IT WAS POSSIBLE TO DO SO. I always quote the fact that at the time of Malaysian Independance there were 5 million Chinese and about 6 million Malays, and today there are 22 million Malays and still only 5 million Chinese. It is said that by 2020 there will only be
15% Chinese from today's figure of 24%. These figures speak for themselves.
Is it an illusion that we today find the minorities more trusting of the sincerity and the good intentions of the MALAY PARTY PAS, the Chinese centric party DAP and the PKR which is more a multi-ethnic party formed by members from all communities. I say it is to this coalition of the Pakatan Rakyat that all Malaysians must give our trust to take Malaysia through this century and into the next century. WE CANNOT ACHIEVE THIS NATIONAL GOAL IF MALAYSIA IS MIRED IN RACE BASED POLITICS OF WHICH UMNO IS THE MOST TO BLAME. It has to be said that Najib too is seeing this development and is trying to steer UMNO along this path, but TO ALL MALAYSIANS UMNO HAS NEVER EVER FOR THESE 51 YEARS, BEEN CARING OF THE NEEDS OF THE PEOPLE, BE THEY MALAYS OR CHINESE OR INDIANS; THEREFORE WE MUST NOW PLACE OUR TRUST IN THE HANDS OF THE PAKATAN RAKYAT, AND IN THE HANDS OF DATO SERI ANWAR IBRAHIM WHO BEGAN HIS CAMPAIGN OF REFORMASI THAT MADE MALAYSIANS REALISE THAT WE HAVE BEEN FOR THESE 51 YEARS LIVING A LIE. WE need to vote Pakatan Rakyat to really begin a clean chapter in Malaysian history and nationhood.
To achieve positive change Malaysia has to face up to the fact that Malaysia still does not have a first world judiciary that embraces JUSTICE FOR ALL ACCORDING TO LAW; AND WITHOUT SUCH AN INSTITUTION AND ARM OF GOVERNMENT MALAYSIA CANNOT HOPE TO PROGRESS. The world of the 21st century and beyond is a world of innovation and technology; and I say to all malaysians that we are still miles behind progressive nations like Singapore, Vietnam, Thailand and the Fillipines. Remember people that the 21st century is service oriented.
The seminal Judgment of Justice Dato Abdul Aziz Abdul Rahim is the first step in Malaysia's journey of a 1,000 miles. The Perak political crisis is pivotal and whether we Malaysians truely become a modern nation or we are to fail to achieve first world ranking, revolves around the success or failure of the struggle for legitimacy in Perak. The decision of Justice Dato Abdul Aziz Abdul Rahim is IMPECCABLE AND BY LAW IS UNASSAILABLE; THEREFORE WILL IT BE OVERTURNED FOR EXPENDIENCY ?
I agree with Chong Yee. Most of the talented Malaysian Chinese & Indians are in S'pore or overseas. I am worried about my parents & siblings still residing in M'sia. M'sia will be doomed as Zimbabwe if Najib is the PM for longer term.
Who is judge Ramli Ali, the judge that gave Zambry an stay within 3 hours?
Well, he is a Lingam appointed judge. A former Chief Registrar of the courts. When Lingam was talking to the disgraced Fairuz on how they were to manipulate the judiciary and appoint their cronies into the bench, Lingam said that Ramli was among the three preferred to be appointed by him. The other two were Datuk Heliliah Mohd Yusuf, a former Solicitor-General and Datuk Ahmad Maarop, a former commissioner of Law Revision. They were appointed as directed by Lingam and agreed upon by Vincent Tan and Mahathir on February 1. 2002.
Dear Malaysians, that's the man who gave a ridiculous stay to Zambry within 3 hours. Oh, by the way, Mohd Nizar needs to wait for about 6 days for his appeal to be heard. 1BlackMalaysia. Performance for Umno now. Malaysia later.
P.s Refer to the Lingam tape for verification. (Also read Jeffooi's blog)
The Malaysian Judiciary is dysfunctional and judges have no respect for the law. Judges at the highest level of the judiciary openly disregard the law and feel no shame even when publicly exposed as having flouted the law.
The Malaysian Bar Council is just as useless and dysfunctional, because by a letter dated 15th (my mistake because in fact I sent it out on the 13th)I wrote to the President of the Bar Council that my wife's solicitors had ACTED UNPROFESSIONALLY AND AGAINST OUR WRITTEN AND EXPLICIT INSTRUCTION NOT TO FILE AN APPEAL AGAINST TWO ILLEGAL & UNLAWFUL ORDERS (both orders (a)for security for costs and (b) order to strike out petition) WERE MADE BY THE SAME JUDGE AND APPROVED TO THE SAME RESPONDENTS. I WILL NOT NAME THE JUDGE WHO NOW SITS ON THE BENCH OF THE COURT OF APPEAL (OR MALAYSIANS UNPLUGGED WILL NOT PUBLISH MY COMMENT). I SENT 50 COPY OF MY FAX hIGH COURT JUDGES, PROSECUTORS AT THE A-G'S DEPT., AND 170 COPIES TO RANDOMLY PICKED LEGAL PRACTIONERS IN KL. I also sent by email to Mr Ragunath at www.ragunath@kesavan.com.my, but I have not received any response.
It is very common for Lawyers to swindle their clients and no actions are taken by the Bar Council on clients' complaints to the Malaysian Bar. I was swindled by my lawyer class mate Mr Lim Pooi Yin of M/s P.G. Lim & Co. even after these 30 years I can still prove this swindle because it can be proven by the nature of the transfer of the property. I have only myself to blame because of my own foolishness. My case involved a straight forward FRAUD ! Will the Malaysian Bar Council take action on this conspiracy to defraud my family ?
What chance has the ordinary folks have against a dysfunctional Malaysian Bar Council, when I, a lawyer gets swindled by another lawyer and his best friend at that. Will the President of the Malaysian Bar Council accept my challenge and hold an enquiry into the conspiracy to defraud my family committed by the pro-active participation of our lawyer Mr Lim Pooi Yin, and Mr Wong Kem Chen ? This is a case of fraud and there is no time bar for prosecution for such cases if my memory holds true.
The Malaysian Bar Council and the Malaysian Judiciary are both equally useless and dysfunctional; and the lawyers and the judges feel no shame because they have no and do not know what is the meaning of professional ethics and professionalism in their practice. and this is the Malaysia that had evolved from the 51 years of UMNO fun government.
There is only one escape for Malaysia AND THAT IS TO VOTE PAKATAN RAKYAT SO THAT SOME SANITY CAN BE RESTORED TO MALAYSIA.
Actually it may be a good idea for the courts to rule in favour of BN in the Perak Case. With that our Supreme Head of State and the Rulers will have new powers to remove PM and MB Ramalx
Thank you very much Malaysians Unplugged for your courage to publish my expose' of the criminal conduct and actions of a totally unscrupulous scoundrel Mr Lim Pooi Yin of M/s P. G LIm & Co. for swindling my wife of at least Rm.600,000 for the sale of our property at 18A Bukit Guillard, Jln Duta.
I appointed Lim Pooi Yin because I thought he was a good friend and will look after my interests since my family live in Asutralia. I had arraged to sell my property first to Mr Chiam Tou San (son in law of Mr Robert Kok )who was my old school mate and he asked me to contact his solicitor Mr Chin(senior Partner of M/s Skrine & Co, but when I went to see Mr Chin, he did not tell anything but told me to get out of his office and so I did and I did not get in touch with Mr Chiam. I want Mr chiam to know why I did not contact him, it was due to the rudness of Mr China that I brook off the deal. The Price that I offered to Mr Chiam was Rm.600,000 net that is Rm.600,000 clear of everything that are due from my wife eg. loan owing to Bank Bumiputra of Rm. 150,000.
I then decided to sell the property to Mr Loo of Jalan Pudu and I then told Mr Lim to contact Mr Wong Kem Chen since Mr Wong Kem Chen knew Mr Loo. I left everything to Mr Lim Pooi thinking that since he is acting for us he will see that we are protected; but instead he conspired with Wong Kem Chen to defraud my family. Instead of my wife selling to Mr Loo, our solicitor Mr Lim Pooi Yin sold the property to Mr Wong Kem Chen for a sum that is even less than the cost of constructing the HOUSE LET ALONE THAT THE LAND WAS 3/4 OF AN ACRE ON THE BEST PRIME LAND IN DAMANSARA. Mr Lim Pooi Yin then madan agreement to sell the land to Mr Loo; and Mr Lim Pooi Yin and Mr Wong pocketed the difference. You will ask me why I did not read the agreement ? I did not read the agreement because I thought since I am paying our solicitor full fees why should I bother ? Yes I was a fool BUT THE FACT IS THE TRUTH THAT LIM POOI YIN SWINDLED MY WIFE OF RM.600,000 CAN BE PROVEN !
THIS IS WHAT WILL PROVE THAT LIM POOI YIN CAN STILL BE PROVEN TO HAVE DEFRAUDED MY WIFE :
(a)The fact that I had offered to Mr Chiam Tou San the sale first at a net price of Rm.600,000 clear of everything,
(b)that Mr Wong Kem Chen at no time was in possession of Rm.1 milliom because all our obligations if cleared will make the total sum of the sale price to amount to Rm.1 million.
(c)in the transaction between Mr Wong Kem Chen and my wife I believe he will nt have the money to pay the stamp duty on the sale, and under texation laws there exist a debt owing to the tex Dept. and over these 30 plus years for a stamp duty owing for a sum of Rm.1 million, Mr Wong Kem Chen will be owing the tex Dept., a huge sum I believe close to Rm. 1 million or even more. WILL NOT THE RECIPIENTS OF THIS FAX WANT TO RECOVER THE SUM OF RM.1 MILLION OWING TO THE GOVERNMENT ?
(c)the fact that Wong Kem Chen does not have the sum of Rm.1 million is easy to prove; CAN WONG KEM CHEN PROVE BY HIS INCOME TAX RETURNS THAT HE EARNED THAT MUCH ? CAN HE PROVE BY HIS BANK ACCOUNT THAT HE HAD THAT MUCH AT THE TIME OF HIS SO CALLED PURCHASE OF THE LAND.
(d)IF HE CANNOT PROVE THAT HE HAD THE MONEY TO BUY THE PROPERTY THEN IN THE CIRCUMSTANCES OF OUR CASE Mr Wong and Mr Lim Pooi Yin, can only be in law deemed to be agents of the transaction.
I am faxing to the usual people and I throw a challenge to the President of Malaysian Bar Council by fax and by email to hold a public enquiry into my charge against Mr Lim Pooi Yin and MR Wong kem Chen that they both swindled my wife of Rm.600,000.
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