Wednesday, February 10, 2010

Musings on MB vs MB

Anything can go wrong and awry. That's why I did not offer my opinion on the outcome of Zambry vs Nizar thing as things can shift the other way round. Given of the past outcomes in cases in political nature, it seems that the win always favor the ruling elite, disregarding of the big actual picture and the foundation of the laws that have been established in the nation since 50+ years ago.

No one was screaming over the outcome of the trial. Most have anticipated of such bias outcome in favor of the mob organization that rules the roost. A 5-0 score was something that is thought to be a trampling, too harsh in nature thing. I thought it's around 3-2 for either side thing.

What The Lordships Imply
"Kini apa yang ditunggu oleh rakyat ialah sama ada Mahkamah kita akan berani dan bebas dalam membuat keputusan yang adil dan tepat dalam kes-kes “politik”. Kes-kes ini akan menentukan sama ada hakim-hakim akan benar-benar bebas atau masih terikat dengan cara lama waktu Mahathir"

- Zaid Ibrahim
This means we are still having judges that are stuck in the Mahathir period - disregarding the big picture in favor of giving what the political masters want.

It's unprecedented and they can now say that the rulers can sack prime ministers and his exco at their own whim.


Sometime back in early last month, there has been the buzz of talk among people believing that Nizar is winning the case given of the lapse of time of delivering the judgement by the bench of judges presiding on that hearing in November. At that time, there was a big speculation that outcome could be a 4-1 in favor of Nizar. The outcome has been augmented by news coming from the alternative news portal like Harakah whereby PAS was questioning and mentioning of secret deliniation exercise occuring in the state done by the state election commission. Also, they also asking of why Zambry happened to see Najib overseas - speculating that things are going bad to worse for them.

One thing that caught my attention was a pre-emptive statement by Hamidah Osman on 26 January - "Stop Speculating Nizar vs Zambry". Apparently, the blatant ranting by the woman is largely made the some people, particularly those in the corridors of power nervous that they had to alter the outcome to this trial. Perhaps that rant could prompt them to push for a shutout outcome.

Speaking of which let's look back at the 4th / 5th paragraph after the Ambiga statement here. Read that and you can feel that the trial here is fixed. Of course you would have read that Najib clearly denies his involvment and asking PR to respect the court outcome, but behind the scenes, you get the real idea about it.

Putting The Ruling To The Full Test
“This is a landmark ruling by the highest court of the land and will definitely be used as a precedent for Commonwealth countries. “We have developed our constitutional law in Malaysia to the extent that the case of Stephen Kalong Ningkan vs Tun Abang Haji Openg and Tawi Sli in Sarawak (in which the trial judge ruled that the Governor may dismiss ministers but may not dismiss the chief minister under any circumstances) -- is no longer good law,”
That's what UMNO lawyer man Hafarizam Harun said. It clearly means that a sultan can fire the chief minister and the executive council at their own whim, can say no to their request or so on. In other words, we are talking about giving them the new autonomy to do so whereas it has not happen before in the last 50 years or so in this country.

Read that one more time. It can give a picture that you chuck that law that is in the constituition out in favor of what they want.

If now, the ruling says that the Sultan can do so, we shall put this to the test. The Agong, if given the privilege can go ahead and replace Najib and his cabinet off with a replacement of his own choice, if he doesn't think our friend is suitable to continue on or has a feeling of having someone else to take over. As Nizar said, you're talking about absolute monarchy.
“BN leaders must be aware that the ruling in Nizar’s case has legitimised the monarchs’ power to dismiss a lawfully-elected mentri besar. Already he has the power to appoint anyone he chooses although not accepted by the party with the bigger majority as in Terengganu. Now he can also dismiss.
The problem will still not be over. The landmark ruling has open the floodgates of more problems, likely to come in the coming year - if it drags on.

Now that this thing has cause outrage particularly on Perakians like myself, perhaps it is time to blame and rethink ourselves for this thing. We pick the wrong people. We voted for the wrong party, particularly those who are having the blind faith perception. The people who are the tipping scales in the state are the Malays themselves. It's either free thinking or kaki bodek.

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