SISTEM KEHAKIMAN YANG KORUP

Dua artikel mengenai sistem kehakiman yang korup
Dipetik dariapda Malaysiakini.com
Oleh : Tun Telanai

Assalamu'alaikum.wm.wrt,

Kemusnahan dan kehancuran agama, bangsa dan negara pasti akan menjelma dalam tempoh yang tidak sesiapa pun yang dapat menjangkakan dengan tepat, ianya adalah ilmu Allah. Saya mempunyai asas yang kukuh untuk berkata sedemikian berdasarkan dalil-dalil yang ditunjukkan oleh Allah s.w.t dalam kandungan al-Quran dan diceritakan oleh Nabi Muhammad s.a.w. dalam sunnah bginda menceritakan keruntuhan tamadun-tamudun termashyur seperti tamadun Saba' yang dimusnahkan oleh Allah kerana kebobrokan pemerintah yang zalim dan melanggar perintah-perintah Allah dengan penuh angkoh serta sombong.

Baginda Rasullullah telah memberi amaran keras jangan sekali-kali ummah memilih pemimpin yang zalim dan sombong dengan Allah. Islam telah menetapkan beberapa ciri yang wajib ada dalam diri seseorang yang berhasrat untuk menjadi pemimpin. Dalam satu hadith Nabi, baginda telah mendedahkan bahawa diakhir zaman kelak, pemimpin yang zalim, berakhlak buruk dan menjual amanah yang diberikan akan dipilih oleh ummah, manakala pemimpin yang bersih yang amalkan amal makrof dan nahi mungkar ditolak oleh ummah. Mereke rela dipaksa memilih pemimpin yang korup kerana mereka dikekang kebebasan berfikir, dipaksa, diancam dan dipancung oleh kerajaan dengan berbagai tindakan yang menimbulkan ketakutan ummah untuk memilih yang haq dn menolak yang bathil.

Di Malaysia, pihak eksekutif menguasai badan perundangan dan badan kehakiman sehingga kedua-dua badan ini sepatutnya berada dalam keadaan 'separet of power' terpaksa patuh dengan kehendak pihak eksekutif bagi menjaga kepentingan politik korup kerajaan yang memerintah. Di kala ini, UMNO telah menguasai ketiga-tiga badan ini secara menyeluruh, ketat, teracang dan dengan kuasa yang ada, UMNO menggunakannya secara maksima menyekat ummah yang sedar dan insaf akan kebobrokan UMNO yang memerintah.

Sistem kehakiman merupakan benteng terakhir bagi ummah mencari keadilan dan pembelaan. Campur tangan UMNO secara langsung dan tidak langsung ke atas sistem kehakiman, maka berakhirlah satu sistem pentadbiran dalam sesebuah negara dan diganti dengan satu sistem yang amat buruk bagi memenuhi hasrat kerajaan [baca:UMNO] untuk mengekalkan kuasa. Dengan kuasa, UMNO dan para pemimpinnya senang untuk memunggahkan kekayaan negara bagi kepentingan juak-juaknya dan ummah dipinggirkan.

Saya bawa khas dua artikel yang disiarkan oleh Malaysiakini.com cara bagaimana sistem kehakiman hancur berderai:

Artikel 1: Who is VK Lingam?
http://www.malaysiakini.com/news/73124

To many he is the senior lawyer in the videotape apparently brokering the appointment of ‘friendly judges’ into top positions in the judiciary but to others, he is a powerful and well-connected lawyer.

Who really is VK Lingam?

Malaysiakini reconstructed this portfolio based on information available in a company annual report where Lingam is a director and news reports posted on the Internet. Kanagalingam Veluppillai, 56, began his career by serving several multinational and local companies in various senior management positions between 1973 and 1983.

While serving as human resources manager in UMW Holdings under the stewardship of Eric Chia (who later headed Perwaja Steel Holdings), he left to study law at the University of Buckingham, England, and graduated in 1985. On his return, he re-joined UMW as its group legal advisor in 1985, but started his own practice four years later. He was first caught in controversy when photographs surfaced on the Internet of him and then Chief Justice Eusoff Chin while they were on holiday in New Zealand in 1994 (right).

Eusoff denied that the holiday was paid for by Lingam - as had been alleged - and they had merely bumped into one another. It was revealed later that the two had been on same flight from Singapore to Auckland. Following the discovery of the photos, the Bar Council sought to take disciplinary action against Lingam in 1996.

He sued the Bar Council and won - then High Court judge Azmel Maamor decided against the Bar Council for failure to furnish names of the disciplinary board members.There was another set of infamous photos - this time taken in Italy where Lingam were seen with well-connected business partner Vincent Tan and then attorney-general Mohtar Abdullah, who was later appointed Federal Court judge, and their respective wives.

Notable court cases 1996 was to prove a busy year for Lingam, as lawyer or litigant in a number of notable court cases. About the same time, Lingam represented Berjaya group tycoon Tan in a defamation suit against veteran journalist MGG Pillai which the High Court found in Tan’s favour and awarded RM10 million in damages - a record sum. Pillai’s appeal to the Federal Court was heard by a three-member panel led by Eusoff, who upheld the finding but reduced the quantum of damages to RM2 million.

Still in 1996, Lingam filed three defamation suits for a total of RM190 million against lawyers, journalists and several others over an article in the International Commercial Litigation (ICL) magazine. The article ‘Malaysian Justice on Trial’ published in the November issue of the British-based magazine had suggested that Lingam and Tan had connections with judges, namely in the controversial Ayer Molek case and Tan’s suit against Pillai. It was only last year that High Court judge Hishamudin Yunus dismissed the suit filed against the magazine and said it was Lingam’s wrongful conduct in the Ayer Molek case that had led to the publication of the article. Hishamudin said Lingam was guilty of “abusing and manipulating the process of court” in filing the action in the appellate and special powers division of the High Court instead of the commercial division.

Malaysian-based Asian Wall Street Journal correspondent, Raphael Pura - who was also sued by Lingam - had alleged that Lingam himself had penned part of High Court judge Mokhtar Sidin’s judgment on the Pillai case. Defamation suits aside, the lawyer has provided legal services to Eric Chia when Perwaja Steel was saddled with RM6.9 billion in debts in 1996. An audit report by PriceWaterhouseCoopers into the ailing company’s records was ordered by former deputy premier Anwar Ibrahim. The report disclosed that Lingam had been paid RM12 million for his services.

Lingam’s string of high-profile clients include former premier Dr Mahathir Mohamad, who has been sued by Anwar for defamation. The case has been struck out but Anwar’s lawyer had expressed intentions to appeal. The spotlight is now back on Lingam - on Sept 18, PKR de facto leader Anwar Ibrahim released a grainy eight-minute video clip of the lawyer on the phone, apparently revealing his influence in brokering judicial appointments. By inference, the conversation appeared to involve current Chief Justice Ahmad Fairuz Sheikh Abdul Halim. Neither has openly denied the claims to date, although the latter is said to have contacted de facto law minister Mohd Nazri Abdul Aziz with a denial. Lingam is now on the board of directors in network marketing Cosway Corporation Bhd, a subsidiary of Berjaya Group.

Artikel 2 : O Lingam, where art thou?
http://www.malaysiakini.com/news/73128

The central figure in the latest video scandal to hit Malaysia continues to remain elusive. Just about everyone in the country, including the prime minister, have commented on the issue since the clip surfaced some two weeks ago. The government has also set up a three-member panel to probe the authenticity of the clip, which was said to be recorded in 2002.

Despite the widespread publicity, VK Lingam has managed to steer clear of the media’s radar. Initially, it was said that the senior lawyer was overseas but yesterday, there was talk that he had returned to the country. However, repeated attempts by Malaysiakini to contact him today proved futile. At about 5.30pm, when Malaysiakini called his mobile phone, a man claiming to be Lingam’s driver answered and confirmed that his boss was in the country. “He is in a meeting now in KL,” said the man, before cutting the line.

Malay daily Berita Harian today quoted Lingam as saying that he was “traveling” when they called him. The lawyer added that he would issue a press statement when he was ready. It is learnt that reporters from other news organisations have also been hounding him today but it could not be ascertained if he had given any comments. The staff at his legal firm VK Lingam & Co also claimed to be in the dark as to his whereabouts.

Previous news reports placed the lawyer at various places, with some saying he was in the United States and others, the United Kingdom and even South Africa.Quizzed by ACA? Attempts to confirm whether Lingam had been quizzed by the Anti-Corruption Agency (ACA) also proved unsuccessful. ACA director-general Ahmad Said Hamdan and the agency’s investigation director Mohd Shukri Abdull could not be reached for comment while another official from the public relations department chose to remain tightlipped on the issue.

To date the ACA has interviewed two people in connection with the case. These are PKR vice-president R Sivarasa and the opposition party’s political coordinator Sim Tze Tzin PKR de facto leader Anwar Ibrahim had released the video clip, which made Lingam a household name, during a press conference on Oct 19. The clip showed the lawyer having a candid conversation with purportedly current Chief Justice Ahmad Fairuz Sheik Abdul Halim on the appointment of ‘friendly’ senior judges.

The issued ignited an uproar, with numerous quarters calling for a royal commission of inquiry to look into the slide in the Malaysian judiciary. About a week after the clip emerged, Ahmad Fairuz issued a denial via de facto law minister Mohd Nazri Abdul Aziz. Ahmad Fairuz, who was the Chief Judge of Malaya in 2002, said that it was not him at the end of the line. In a related development, the government appointed three-member panel is scheduled to meet at the Human Rights Commission (Suhakam) headquarters in Kuala Lumpur tomorrow morning. It is not known whether any witnesses will be called. The panel is headed by former Chief Judge of Malaya Haidar Mohd Noor. The other two members are former Court of Appeal judge Mahadev Shankar and social activist Lee Lam Thye. Critics have argued that the panel - which has been given limited terms of reference - is not adequate to get to the bottom of the matter.

Selamat mengerjakan Ibadah Puasa semoga mendapat hidayah dan kebahagiaan dunia dan akhirat. Selamat menyambut Aidil Fitri-maaf zahir dan batin.

“SELAMATKAN RAKYAT DAN SELAMATKAN NEGARA”
“PROTES SAMPAI TURUN”

Sekian, wassalam. Terima kasih.