The Malaysian Insider

A dearth of death inquests

Sun, 25 Jan 2009 23:27:57 +0000

JAN 26 – Custodial death often brings with it an air of suspicion. The suspicion may be real or misplaced; the death may have resulted from suicide, natural causes or foul play.

When a person is taken into legally sanctioned custody, the law imposes a duty on the custodial officer to ensure the safety of the person in custody.

Therefore, there is always the need to be transparent and accountable; and to provide satisfactory answers to the grieving family members on the causes and circumstances of the death.

A shoe-in for Worst US President Ever

Sun, 04 Jan 2009 00:28:52 +0000

George W Bush does not have much time left. At noon on Jan 20, he will be out of office, having failed miserably to accomplish his mission.
Bush countdown clocks are among the best-selling items in most souvenir shops in Washington, a clear indicator of just how many Americans and people in a large part of the world are waiting for Bush’s days to be over.
The debate on whether Bush is the worst President in American history continues to rage. General indications are that the proponents of the motion have the upper hand. Bush’s failing are many, and the invasion of Iraq will stand out as his most stupendous failure.

Murderous lot are just misguided criminals

Sat, 06 Dec 2008 22:54:40 +0000

DEC 7 - Politico-religious murders and destruction of property have in the last half century taken a new dimension.

Killing in the name of God is not a new phenomenon. It has been going on for centuries and history is replete with instances of such senseless killings.

The assassination of Yitzhak Rabin, the Prime Minister of Israel in 1995, was motivated by misplaced extreme religious ideology.

Politics of judicial appointment

Tue, 14 Oct 2008 00:56:40 +0000

OCT 14 - Tun Abdul Hamid Mohamed, the Chief Justice of the Federal Court, will be retiring in a few days. His retirement will bring to close a career spanning almost 30 years in the Malaysian Legal and Judicial Service and the Bench. I wish him happy retirement.

Hamid’s appointment as the head of the judicial branch was an eventful one. Unlike others, it was the result of the Conference of Rulers becoming more assertive in the exercise of the collective constitutional powers of the Rulers. Many in the legal fraternity heralded this development. Apart from the political implications of this new found role of the Conference of Rulers, Hamid’s appointment had another noteworthy historical significance.

Judicial reform and the post-election mega serial

Tue, 23 Sep 2008 05:14:43 +0000

SEPT 23 — The past six months have been exciting ones in Malaysia. General elections in Malaysia usually become the focus of media attention and analysis, and to some extent the concern of its citizens, for say two weeks before and two weeks after the actual day. Thereafter, it would disappear from the radar only to reappear as a blip in the History Channel some time in the future. In this regard, no one thought that the 12th General Election would be any different.

No one, and I mean not a single soul, thought that this election would turn out to be what it has become — a "mega serial" with interesting plots and sub-plots twisting and turning at every opportunity, keeping Malaysians mesmerised and enthralled by the politics of the day. Nothing else seems be of concern to the governors and the governed. Just look at the amount of space devoted in the media to politics compared to social, educational and economic events. One cannot be faulted for thinking that Malaysians live on politics.

The fact that the global economy is in such a precarious state with the impending meltdown of the US banking sector seems to take second stage to domestic politics and its attendant intrigues and power play. Sometimes, I get the feeling that the country is hurtling in space like the starship “Enterprise” without a captain, taking its chances against asteroids and other perils in dangerous uncharted territory.

The ethic of reciprocity

Thu, 21 Aug 2008 02:13:21 +0000

AUG 21 — Datuk Zaid Ibrahim, as an outspoken backbencher a year ago, in commenting on the Court of Appeal decision in the case of Subashini vs Saravanan was reported in the media as saying:

“To Muslims, I say it is unfair to expect non-Muslims like Subashini to go the syariah court even if there is perfect justice in the syariah system because the law gives her the right to pursue her remedy in the civil courts and nowhere else. Muslims can do away with the civil courts if they so wish. They can seek changes to the law to incorporate criminal, contract, property laws, etc as part of syariah law. What Muslims cannot do is to expect non-Muslims to submit to the syariah court.

“How would we feel if it was the other way round? How would the Muslims feel if they have to submit to a Hindu court or to any other religious court? We should not do unto others what we do not want others to do unto us. That is the ultimate test of reasonableness. That is the test of a just legal system.”