After two days of hearing, the Federal Court today lifted Perak speaker V Sivakumar's suspension order against BN Menteri Besar Zambry Abd Kadir and his six executive council members from the state assembly.Read here earlier posting (two days ago 14th April 2009), "UMNO-Judiciary Wants to Decide Pakatan Rakyat's Fate in Perak. Zambry and His UMNO/BN Exco Should Start Celebrating NOW!"
In a unanimous decision, the five-member panel led by Court of Appeal president Allaudin Mohd Sheriff ruled that Perak speaker V Sivakumar had acted beyond his powers in issuing the suspensions.Read here for more in malaysiakini
We had indicated through an earlier posting that from the moment the Federal Court said it has the power to decide on the case, UMNO/BN installed Perak Menteri Besar, Zambry and his Exco need NOT wait for two days for the Federal Court to decide to win the case against the Perak Speaker Sivakumar. They should have celebrated their winning of the case the minute the Federal Court made the decision to hear the case two days ago.
It is a no-brainer to wait for the outcome from the Federal Court.
Malaysians had already firmed their perception of the independence of the Malaysian judiciary currently headed by Chief Justice Tan Sri Zaki Azmi. Knowing too well the case in the Federal Court would be a fore-gone conclusion, it was indeed a waste of public money, and time for the lawyers on both sides, to go through the motion in the court, although the legal public display must go on .
Why is it so?
Here is what Malaysians generally think and whisper in roti-canai stalls and coffee-houses:
The Head of the Malaysian Judiciary and the President of the Federal Court was a former UMNO Member, UMNO Legal Adviser and Chairman of UMNO Disciplinary Committee.
Chief Justice Tan Sri Zaki Azmi:For Malaysian voters, exercising their rights in the ballot box isn't good enough.
Prior to Tan Sri Zaki Azmi being appointed as Chief Justice of Malaya on 21st October, 2008, he was an UMNO member and served as a Legal Advisor to UMNO. His previous position in UMNO was as the Chairman of UMNO's Disciplinary Committee.
His ties to UMNO is too deep for him to ensure the independence of the judiciary especially in cases involving the interest of UMNO or UMNO cronies.
He has only served the judiciary for less than 5 years in total before becoming the Chief Justice, an unprecedented leap-frogging to the top post in the Judiciary with help of the UMNO-led Government.
Asia Sentinel reported on 7 December, 2007"..As UMNO’s legal man, Tan Sri Zaki Azmi was involved with the UMNO's myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis."(Read here for more on background of Tan Sri Zaki Azmi, Chief Justice of Malaya)
Malaysian voters, in an attempt to change government at the ballot box, are not only up against the ruling parties in Government, but also:
- A Judiciary that is inherently biased towards UMNO/BN by virtue of the nature of appointments to the Bench.
- A Police Force perceived by the public as politically-biased in protecting the interests of politicians in the ruling parties, especially UMNO, and a public security institution that does not hesitate to use violent methods against peaceful protesters
- An Election Commission manned by officials whose independence are found wanting, and they have made no secret of their biasness against the opposition parties.
- Malaysians' hope is for the Monarchy/the Malay Rulers to protect their fundamental rights. But there is much to be said about the role of the monarchy in matters of public and national interest. Ordinary Malaysians are wondering whether the ruling parties ie UMNO, through their arrogant use of power, had fully compromised the monarchy's effectiveness in protecting the interests of ALL Malaysians. Recent events such as in the case of the Perak crisis and the appeal to the Agong( that went unheeded) by more than 80 politicians as well as other concerned citizens to delay the appointment of the sixth Prime Minister are just few instances.
Every attempt is made by these tax-payer funded institutions to de-legitimise the political parties in the Pakatan Rakyat coalition.
One year after March 8, 2008, election, Malaysians have reached another crossroad, this time a very dangerous crossroad.
Democracy as we know it is under siege. And the Judiciary is of NO help at all.
God help us!