Refleksi Minda

Reflections from the mind of a self-professed social critic

Of MACC and officer hours 1 December 2009

Filed under: Government, Legal — Syahredzan Johan @ 5:56 pm
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Read this opinion piece.

With all due respect to the writer, I think this he completely misses the point of the High Court ruling. He uses an erroneous example of a snatch thief being caught at night, yet he does not make the distinction between witnesses  and suspects. It seems quite clear that the ruling relates to witnesses.

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Understanding our rights 15 November 2009

Taken from the Nut Graph:

Understanding our rights

by Deborah Loh

PERAK. Party-hopping. Frogs. Who by now doesn’t know about the Perak constitutional crisis. Awareness has also been stirred about the right to freedom of association and the rights of voters to choose based on a candidate’s party.

Federal-state relations are receiving prominence now that the opposition controls at least four states. Federal funding for these states is an issue, and so is competition between state authority and federal interests as seen in the restructuring of Selangor’s water industry.

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Mengorak langkah memartabatkan Perlembagaan 15 November 2009

Filed under: Government, Legal — Syahredzan Johan @ 12:13 pm
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Pada hari Jumaat, 13 November 2009, kita akan mengorak langkah yang sepatutnya kita ambil lama dahulu. Pada hari tersebut, Kempen PerlembagaanKu / MyConstitution akan dilancarkan pada pukul 3.00 petang, di Oditorium Majlis Peguam.

Ramai yang bertanya, apakah sebab Jawatankuasa Undang-Undang Perlembagaan, di bawah naungan Majlis Peguam, mengambil inisiatif ini? Sebenarnya Jawatankuasa ini baru ditubuhkan pada awal tahun 2009 sebagai reaksi kepada isu-isu perlembagaan yang timbul sejak beberapa tahun yang lepas. Lebih-lebih lagi selepas pilihanraya umum yang ke-12, rakyat Malaysia semakin ingin tahu tentang hak-hak mereka yang terkandung di dalam Perlembagaan Persekutuan (“Perlembagaan”).

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The Lingam charade ends at judiciary’s expense 29 October 2009

by Daniel Albert

The refusal by the Attorney-General’s Chambers to take any further action or proffer charges against any of the six named individuals involved in the Lingam video clip fiasco has received scathing criticism from the public – and rightly so.

This pre-mature attempt to close official investigations into this matter is an affront to the judiciary and a slap in the face to us all.

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In the beginning… the MyConstitution (PerlembagaanKu) campaign trail 28 October 2009

Filed under: Legal — Syahredzan Johan @ 3:54 pm
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by Edmund Bon Tai Soon (Chairman of the Bar Council Constitutional Law Committee)

These past few months have been immensely hectic. The Malaysian Bar is extremely fortunate to have a pool of incredibly talented, young and energetic group of lawyers, pupils-in-chambers, and students working night and day on this Campaign. From the words “let’s move”, the action has been continuous, non-stop, and it has been difficult to keep up with even the emails!

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Conversations on the Constitution: Anand Grover and the Right to Health 28 October 2009

Filed under: Legal — Syahredzan Johan @ 3:46 pm
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by Micheal Loo Yeong Huei (member of the Bar Council Constitutional Law Committee)

Yeoh Yen Kee

Recently, I came across news about 19-year old, Yeoh Yen Kee. She obtained 11As for SPM, and was to pursue her dream to study medicine. She was awarded a scholarship to study in the Czech Republic.

However, in 2008, she was diagnosed with leukemia and could not proceed with that plan. After undergoing chemotherapy, and another relapse, she was told that she needed a bone marrow transplant. Despite numerous attempts, efforts to find a donor were in vain. Finally, through the National Marrow Donor Programme Registry in USA, her family managed to find a suitable donor.

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ISA: Kita Masih Perlu Lawan! 16 September 2009

Filed under: Government, Legal — Syahredzan Johan @ 4:24 pm
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Dilaporkan oleh Malaysian Insider bahawa 5 tahanan ISA termasuk Mat Sah Satray yang telah ditahan lebih 7 tahun telah dibebaskan.

Malam ini, seorang suami pulang ke pangkuan isteri. Seorang ayah pulang ke dakapan anak.

Malam ini, tangisan hiba selama tujuh tahun bertukar kepada jemari yang mengangkat syukur ke hadrat-Nya.

Kebebasan!

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Law for All 3 September 2009

Filed under: Government, Legal, Politics, Racial issues — Syahredzan Johan @ 3:49 pm
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For the 1Malaysia concept to work, there has to be equal treatment of people by the judiciary regardless of race, religion, wealth or political influence.

A FEW weeks ago, two minors were detainedby the police. According to the law, they must be produced before a magistrate within 24 hours of their arrests. They can only be detained further if the magistrate grants a remand order.

I went to the police station as one of the lawyers representing one of the minors in the remand application before the magistrate.

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Barisan’s ‘brilliant’ strategy in Permatang Pasir, part II 20 August 2009

Filed under: Legal, Politics — Syahredzan Johan @ 1:40 pm
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The crap has hit the fan.

You see, deception is manageable if its in small doses. A lie here. A misrepresentation there.

But if you weave a web of deception, of lies on top of lies, it’s hard to manage. Don’t handle it well and you might get tangled in your own web.

That’s what UMNO tried to do. When it was revealed that Mr. Rohaizat Othman, Barisan’s candidate for Permatang Pasir, was disbarred from practising, UMNO said it was something to do with his firm which he had no connection with. When Bar Council issued statement that you don’t get barred for misconduct of your firm partner, they insisted that he was a victim and even a hero by ’saving’ his firm through the act of paying back his client’s money.

Our beloved Deputy Prime Minister even accused the Bar Council as having an agenda.

But now the crap has well and truly hit the fan. Mr. Rohaizat’s former partner has come forward to clear his name.

You can read the detailed report the press conference of Mr. Yusri Ishak, Mr. Rohaizat’s former partner, on Malaysiakini.

I’d love to see the faces of Mr. Muhyiddin Yassin, Mr. Ahmad Maslan and Mr. Zahid Hamidi, staunch defenders of ‘hero’ Rogaizat’, when they heard what Mr. Yusri said.

 

Barisan’s ‘brilliant’ strategy in Permatang Pasir 17 August 2009

Filed under: Legal, Politics — Syahredzan Johan @ 1:29 pm
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Ok, you’ve got a crucial by-election battle coming up. You must show that Malay support for your party has increased. You’re heartened by your strong showing in the last by-election where your party lost by a margin of only 65 votes.

It won’t be easy. The by-election is in a PAS stronghold and in the Opposition leader’s backyard of Permatang Pauh.  Even in 2004, when the feel good factor of the then Prime Minister Mr. Abdullah Ahmad Badawi swept the nation, the seat remained in the hands of the opposition.

To have any chance of winning, you must go on the offensive right from the start.

You’ve got all the necessary tools at your disposal. The might of government’s machinery. Promises of development and stability. The media, let by Utusan Malaysia, to paint a picture that the opposition pack is a threat to the Malays. If you play your cards right, you might just win the seat.

So then what do you do? You field a candidate who has been barred from practising as a lawyer.

Now, your campaign will be spent defending your man.

Brilliant strategy, Barisan Nasional…

Taken from the Edge:

Rohaizat’s offence a personal misconduct, Ragunath says

PERMATANG PAUH: The offence for which Permatang Pasir Barisan Nasional (BN) candidate Rohaizat Othman was struck off the Malaysia Bar Council’s list involves the individual lawyer.

Bar Council president Ragunath Kesavan told The Edge Malaysia that the proceedings under Section 103D of the Legal Profession Act 1976 involved misconduct of the individual lawyer.

“The offence was for personal liability and does not involve any other persons as Rohaizat was named by the complainant, and not his partner.

“Rohaizat was disbarred on March 7 last year and he appealed against the Bar Council decision to the High Court, which also dismissed his appeal on Aug 12 this year,” he added.

Ragunath said the offence committed by Rohaizat involved stakeholders’ money from Koperasi Pekebun Getah and there was no account for it.

“When the board looked into this matter and the order was made, there was no reimbursement to the stakeholders involving the sum of RM140,000.

“Even if you pay, the offence has been committed and it is a serious offence as this involves dealing with client’s money.

“If you are an innocent party, you would not be found guilty by the disciplinary committee and the charge leveled under Section 103D is tantamount to criminal misconduct,” he added.

Ragunath said the other partners only would be penalised if it involved negligence of the law firm concerned, but the offence committed under Section 103D was for personal misconduct.

On Sunday, Penang Umno chief Datuk Seri Dr Ahmad Zahid Hamidi told a press conference that it was Rohaizat’s partner who was involved in the scandal which resulted in Rohaizat being struck off.

Meanwhile at the nomination centre, when asked whether Rohaizat’s credibility would come into question following the revelation of him being disbarred, Deputy Prime Minister Tan Sri Muhyiddin Yassin said: “There is no controversy with regards to his candidacy as we have done our homework.

“As far as the law is concerned, he has been declared eligible to contest and we believe the voters will understand when we explain to them what actually happened.

“We have our ways of explaining to the voters, the opposition can do whatever character assassinations they want.

“We will expose all their lies and the rakyat can judge for themselves,” he added.