Of broken chain of evidence and judicial process in doubt

The prosecution witness for Najib's first day court appearance for the 1MDB-Tanore case since started his sentence on Wednesday was Siti Zauyah Mohd Desa, the Deputy Secretary-General. 

She admitted not knowing the accuracy and authenticity of her statement as it was prepared. Its typical heresay rampantly used as evidence by the prosecution in the SRC case and believed it was used by Nazlan in his judgement together with his presumptions like no thank you note. Commonly allowed to be  heard in court are claims as such as "I assumed the order was from Najib", "XXX told me that Najib said this", etc.

Ironically, the Federal Court accepted the argument new evidence to be forwarded by Najib as heresay or after thought without flicking their ear flab to give a listen.

There is a mountain of doubts of minute details. For one, why is only Najib is being charged when tthose clearly revealed to be implicated are not charged or even protected by the Federal Court.

That is the optic seen by the non-prejudicial and off course, the pro-Najib side. The judicial discrepancy is too apparent to any casual observer that a social media commentator described as Constitutional crisis.

Travesty of Justice: First time in history

Lim Sian See

22 Ogos jam 9:26 PG

Twelve incredible "first time in history" events in the SRC trial.

1. First time ever in history of Malaysia that a former PM is charged for corruption.

This is not surprising as this is the core campaign platform of PH to win power in GE14. For good measure, Najib was charged by the PH and PN governments with 5 separate criminal corruption cases (SRC 1, SRC 2, 1MDB-Tanore, 1MDB-IPIC, 1MDB audit) and also 5 separate civil cases (forfeiture of RM114m, forfeiture of goods, RM1.7b tax claim/bankruptcy, SRC civil damages claim of RM5.8 billion and 1MDB civil damages claim of RM35.8 billion).

In fact, given the 9 other cases that are running concurrently and to allow for multiple delays in two years of Covid, the very complicated SRC trial has actually moved very fast - much faster than Anwar's much simpler Sodomy II trial which took 6 years.

Romen Bose on SRC Federal Court appeal

The weekend before the Federal Court final appeal began, Romen Bose; the former AFP reporter, former PMO and writer of the book Final Reckoning, he posted a status on his Facebook entitled: "Is this really justice?" 

Last night, he updated with "The Silence is Defeaning."

For many years, he saw from inside the Prime Minister's Office the events, including the deceipts and betrayals, leading to the fall of the BN government in his book.

We are now witnessing the long anticipated endgame to imprison Najib Tun Razak, which would indirectly shame and the great legacy of his father Tun Abdul Razak bin Dato Hussein.

Al Fatihah. May Allah guide us all back to the straight and rightful path.

Najib imprisonment the edge Mahathir need to win GE - Indian portal

Depriving Najib Razak of fair trial may have ramifications for Malaysia 

With the general elections imminent, Mahathir Mohamad and his compatriots firmly believe that Najib’s incarceration would give them the political edge that they desperately need 

Anand Murgun, Firstpost  

August 20, 2022 19:46:42 IST 

For nine years prior to this watershed moment, Malaysia, under the administration of Najib Razak, witnessed some of the most progressive reforms since independence. The abolishment of the draconian Internal Security Act was at the forefront of these reforms. Malaysia further restructured it fiscal base by introducing the GST. The nation experienced steady, uninterrupted GDP growth and witnessed the longest bull-run in its stock exchange driven by strong foreign direct investments (FDI) and domestic direct investments (DDI).

Privasia's fishy Hospital Information System contract

Launch of IJN's hospital information system 

Actually, the fishy happening at Ministry of Health (MOH) does not involve only the Hospital Information System (HIS). 

There were too many fishy happenings since PH tookover. They bull over plan to introduce health reform but none took off except changing vendors from Bumiputera with pro-PH non-Bumiputera. 

Fast forward, then the fishy vaccine supply. The procurement became subject of speculation due the non-disclosure clause in the supply agreement. Maybe not so and its more logical to suspect the supply chain put together by Zaki Zahid. Its the one public was not scrutinising. 

Then came MySejahtera. The speculated cost of RM388 million claimed as too pricey and long term maintainance run into billion. There is the worry that rampant private data leakages could happen and confidential data commercialised. Shareholding of companies involved suspected to be linked to Khairy and Muhyiddin.

The recent generational endgame (GEG) policy on cigarette hit a snag and passing of the law postphoned. It was uncovered circulating on social media that the hurry to pass was to rush the App development to Khairy's circle of friends. 

The latest fishy happening involved Privasia and the HIS.

What happened to the great Civil Service?

On June 14th, Tun Arshad Ayub passed away. Yours truly was able to attend and participate in the jenazah prayers ritual to bid farewell to this great man.

The Star reported it as the passing of an education icon. While NST honoured him as a revered educationist. Looking at his resume at ITM (later upgraded to UiTM), UM, Inti College and likely other educational institutions, he more than deserve such accolades. 

Arshad's tenure as ITM's first Director (1965- 75) was short. Despite being strict and unorthodox in his approach, students endeared themselves to him and appreciated his intention. They protested when he was transferred out by then Education Minister, Dr Mahathir to Bank Negara following the Baling protest of 1974. It was intended to curb student activism and pave the way for the introduction of AUKU. 

Arshad was a member of the Malaysian Civil Service (MCS). He had a poor start in his first initial attempt for university education. Despite not academically up to the mark by the standard of universities today - not hold a doctoral degree, the administrator left an indelible mark on the life of students and the educational institutions he served. 

Civil servant such as Arshad implimented the task laid upon them despite the insurmountable limitations at the time. On a smaller scale, the first Principal of the expansive 50-year old MRSM system, Dato Dr Jamaluddin Abdul Hamid is no lesser but another version of Arshad. 

LCS: Navy vs Navy? Politician vs Politician?

"What matter is the the country loses. The navy, ATM loses. Today we're sending our young sailors facing potential adversary at sea - who are just waiting for orders from their government to push the button; naked and defenseless."

This is a quote from one Navy officer. His concern is genuine and agreeable. We emphatise.

Who then to blame?  

Nazlan and Azimah as last beacon of hope?

N Shanmugam must be kidding. 

The Edge contributing editor wrote a piece in this week's edition entitled: "Alternative view: The judiciary is our last beacon of hope". High Court Judges, Dato Azimah Omar and (now Court of Appeal), Dato Nazlan Ghazali highlighted as exemplaries.

This morning a politician forwarded the link to yours truly. Seeing the faces, it is obvious he is not quite up-to-date on the development in the court. And, it reflects badly on his intellectual ability to understand happenings beyond the convenient political headlines and simplistic soundbytes. 

Alas, he will be returning into Tun Dr Mahathir's fold thus compromising himself in his late age to be willing complicit to corruption, abuse of power and inhuman cruelty (zulm). May Allah save his soul from the sin of destruction for succumbing to political expediency. 

The hand behind the Judges this politician seemed proud of is destroying the Malaysian legal system with India-adopted basic structure doctrine, which is a manipulation of the law for personal agenda and against his raison d'etre.

[Paste the link https://anotherbrickinwall.blogspot.com/2022/05/foresaking-malaysia-for-indian.html on the proxy site here].  

The Judges highlighted are conflicted and conduct ethically questionable. The judiciary Shanmugam put his hope have been a basket case for decades.

SRC case: Justice hurried is justice buried

That is the title to an article by G Mahendran, a Bar Council legal practitioner in The Sun in 2009 as taken from Bar Council website here.  

Dato Najib's appointed a new legal team on July 25th for his SRC appeal at the Federal Court. MMO reported the next day that Zaid Ibrahim will lead the new team to replace Shafee Abdullah. Another key member is renown criminal lawyer, Hisyam Teh Poh Teik.  

The immediate reaction next day are prejudicial vews accusing the move as delay tactic. Few months ago, someone close to Najib said Najib had no such plan and is sticking to Shafee. 

Najib explained the change was to give a fresh perspective to the case. The interpretation is Shafee and his team may have started on the wrong foot. Cool heads maybe needed to lower the temperature and to focus on the legal court over court of public opinion. 

Zaid Ibrahim was reported by FMT on July 26th to seek postphonement. Hearing date was earlier set for August 15 to 26th. Only fair to allow the new team to prepare for the case. He mentioned seeking for case management date on July 29th. Presumably application was submitted. 

Alas without allowing for the new team to present the request to the court, NST reported on July 29th around 5 PM of Federal Court rejection and was told no adjournment will be allowed. Presumably the letter was issued a day earlier and received by the lawyers next day on July 29th. 

Was the letter suspiciously leaked by some court official to the press? 

Tommy Thomas admit mistake in letter

Tommy Thomas finally came out from silence to explain himself. Several mainstream media and news portal published Tommy's attempt to explan. (See The Edge here)

The opposition led by PKR's Rafizi created a media blitz to blame Dato Najib for stopping payment to the Suluk using weak legitimacy reasons. Prior and after the Lahad Datu incursion, PKR leaders were accused of covertly collaborating and supporting Suluk claim. PH has interest to redirect blame.      

While Najib, in one of his endless FB status on the Suluk issue, highlighted his main blame to the letter issued by Tommy to the Sulu party that ended being repeatedly used 10 times at the Madrid arbitration to justify their claim and ultimately a US$14.92 billion claim on Petronas. 

Shafie Apdal is vociferously demanding a debate in Parliament but as Chief Minister, he was accused by Anifah Aman for sending unprepared state legal officer to Madrid to participate and gave legitimacy to the arbitration. 

Wisma Putra's position had all along ignored any attempt by the Suluk for engagement on any claim on Sabah. They took the Phillipines' official position that the Suluk has no sovereign right and the locus standi to do so.

Talk in Sabah is that Tan Sri Richard Malanjum had a role in advising Shafie.