Wednesday 27 April 2022

Bullshitting over separation of powers

I actually didn't really mind it when Anwar the other day said the MACC's investigation against CoA judge Nazlan was a violation of the separation of powers doctrine.

Anwar is after all a politician and because of that he should be allowed to bullshit, every now and then.

But when the Malaysian Bar said the same thing, I was like, what the fuck is wrong with them.

You can read their statement by clicking on its extracts here;

The Malaysian Bar further states that the MACC investigation violates the doctrine of separation of power and also undermine the independence of the judiciary, and is unconstitutional. 

I'm appalled because this is a statement made by people who were supposed to know the law and practicing it.

Even a student who took up constitutional law as his/her A-Level subject should know what separation of powers is really all about.

You all can even read it at Wikipedia here;

Separation of powers

and realise that there is no absolute separation of powers in any democratic system.

The whole point was for the executive, legislature and judiciary to check on each others so there would be no abuse of power by any of them.

And in doing so they could not avoid crossing each other's paths.

You can see that happening in the US, UK or any other countries claiming themselves as being democratic.

Now, MACC is a branch of the executive and the Bar is saying that it's interfering with the judiciary for initiating an investigation on a report that a judge has over RM1 million in his account, suspected to be derived from corrupt practices before he became a judge.

Is that really interfering with the judiciary?

Honestly, I don't think so because MACC is not even investigating the judge over an allegation of how he conducted himself as a member of judiciary.

Even if MACC is doing that, why not? All judges are incorruptible, is it?

Anyway, being investigated doesn't mean one is guilty. 

The Bar should know that....unless it believes otherwise because it has in the past deemed some people were guilty of something before those people were even convicted.

Yup, like what happened before and after the 2018 general election.

I didn't see the Bar going all out trying to convince Malaysians back then that someone is innocent until proven guilty.

Maybe that's why they are now talking about trial by media and public opinion.

Yeah right. Only now.

Okay, let's try putting it like this - if someone lodged a report saying that a judge had murdered someone before he was appointed as a judge, should the police investigate or should they let the judiciary handle the allegation on their own?

Bear in mind ya that the police is another branch of the executive. 

What if the judge that was being accused of the murder turned out to be the one who presided over the trial of the very same case and convicted someone else for the crime?

Should the guy that he found guilty be hung to death without the allegation even being investigated?

Again as far as separation of powers is concerned, should the MACC or the police, which are branches of the executive be allowed to investigate a member of parliament, which is the legislature if there is a report of him being involved in corruption or other crime?

Or is that yet another form of an interference over the sanctity of separation of powers doctrine?

I suggest you all ask those questions to any law student who have passed his/her constitutional law exam.

No need to ask those leaders of the Malaysian Bar as I think they would give you a political rather than  legal answer.

14 comments:

  1. Spot on Annie...very well said !
    Malaysian BAR...is a bar where they tani and yam seng

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  2. Yes Madam, many bulls not by horns, the lawyers spares not. How's many politician's....
    The same goes MACC, krrr CC krrr semua ke Laut...

    ReplyDelete
  3. i think you are confused between separation of power vs interference and intimidation

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    Replies
    1. Let's not confuse Neutral (Ha Ha) Annie with a genuine blogger......

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  4. Heheheh.

    "The Bar should know that....unless it believes otherwise because it has in the past deemed some people were guilty of something before those people were even convicted.

    Yup, like what happened before and after the 2018 general election.

    I didn't see the Bar going all out trying to convince Malaysians back then that someone is innocent until proven guilty."

    Good little Jibby polisher!

    Make sure you collect your 5 sen Raya bonus from your paymaster, okay?

    PS: You're right, you don't understand the law at all.

    ReplyDelete
  5. Kesiannnnnn Annie.

    So much corruption for you to cover up.

    Better buy a bigger shovel : )

    DATELINE: AFP: Apr 27, 2022

    "A French judge has charged the defence group Thales with complicity in bribery over a 2002 sale of submarines to Malaysia, sources close to the inquiry told AFP on Tuesday.

    The long-running case into alleged kickbacks was opened in 2010 and eventually caught up former prime minister Najib Razak.

    Najib was defence minister when the deal was signed to buy two Scorpene-class submarines and one Agosta submarine from French naval dockyards unit DCN, now part of Thales, in a deal worth US$1.2 billion.

    Najib’s associate Abdul Razak Baginda acted as an adviser on the deal, and he is accused of disguising the kickback of more than 114 million euros (US$121 million at the present-day exchange rate) as “consulting work” by a firm in which he was the largest shareholder.

    The money was then allegedly given to Najib, who has faced a series of graft cases since his Barisan Nasional coalition was voted out in 2018."

    Better start attacking the French judges, too.

    Don't forget, they killed Adib and the 3.20am lajak kids, too.

    ReplyDelete
  6. Atok korang tu dah buat hal balik..!!

    Lima Entri terakhir twitter Mahathir berkenaan Najib, Mahathir tidak berani Ratib nama Zeti dan Nazlan, Dah Kenapa Atok Korang tuhh..!!?

    Ada berkemungkinan pura pura tidak melihat – “close one eyes , shut the other’.

    Jika Mahathir buat pekak atau buat bodoh, selalu nya memberi “hint” dia ada terbabit sama.

    Amat pelik apabila seorang pejuang benteras Rasuah tidak meratib nama Zeti Akhtar dan Nazlan Mohd Ghazali dalam setiap kenyataan nya.

    Hakim asal Datuk Suffian di ganti dengan hakim Nazlan di saat akhir, seolah olah diatur.

    Kita masih tidak lupa kisah mata Mahathir kabur dan blur apabila tonton video pelaku songsang didalam bilik hotel , namun mustahil mata dan telinga Mahathir pekak apabila membabitkan individu yang dilantik oleh nya.

    Perkara ini membuat para netizen dan mereka yang aktif dalam politik di Medsos yakin dan percaya Mahathir ada kaitan dengan skandal kedua mereka.

    Hatta, seperti seorang kanak kanak yang baru pecahkan tingkap dalam rumah berdiam diri.

    Ramai rakyat sedang menunggu respon Mahathir pada kedua skandal membabitkan orang pelantikan nya.

    Pada lima entri tulisan Mahathir yang terakhir diblog peribadinya, kesemua darinya mengaitkan Najib...dah buang tebiat balik Atok Korang niih..!!

    Rakyat dah tahu sesangat dan tak berharap lansung akan ada respon nya bukan lah “Saya tak tau” kerana kisah 1MDB dalam kain pun Mahathir boleh tahu. Tambah lagi Mahathir ada lah ‘King of Bribebuster’

    Jawapan untuk Atok Korang lepas raya pilihanraya... ingat formula ini wahai pengundi sekelian

    Lingkupkan Boboi = Melingkup legacy Kerala

    Lingkup lah selama lama nya...

    Tungguuuuu....!!!!!

    ReplyDelete
    Replies
    1. Mahathir is a has been lah... orang dah tak pay attention pun. Hang aje yg tak move on lagi... sebab nak divert attention kot. Hakikat nya sampai skrg tak ada 1 pun kes2 bersabit dgn Mahathir dibawa ke mahkamah oleh negara2 luar ...macam kes BossMu itu.

      Meh kita sediakan popcorn tunggu cerita2 sensasi keluar dari perbicaraan Thales pulak...

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    2. There is something wrong with you TDM is yesterday news and you keep harping it. it been zillion times mate. just move on. He is no more Pm candidate. Just a normal citizen giving his thought just like your holy bossku. You need your head checkup it can be suicidal or just phycho hating a person so much. There is up to certain point you can hate a person than just move on. Personally i have no probem with your bossku. If he is to be release by Fc. We just have move on. If if is not release by Fc we also just have move on. You thought just does reflect as a muslim.

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    3. Anon 19:19

      Biaq aje la si Atok tu. Mungkin dok tgh mengoyan yg dia Joe Biden dan Najib Putin kut? DAP tolong supply your ROKET, mana tau tembak bole terbang naik pokok ulam pegaga?

      Macam bahalol betoi la depa ni semua, asyik ratib Najib Najib Najib siang dan malam.

      Pasai Hakim ni PH dn geng belum apa2 lagi dah mengelabah semacam. Konon nak tunjuk cerdik last2 tonjol kebodohan sendiri.

      Professor Nasi Lemak

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  7. Jom kita pantun raya pulok..

    HARI RAYA SUMA BOLEH BALIK KAMPUNG
    LEPAS RAYA SUMA BALIK KL BERBONDONG
    OK LAH TU DAPAT BALIK RAYA INI TAHUN
    KALAU TAK BALIK KG BAKAL UNDI LINGKUP KOSONG


    LEPAS RAYA KITA PILIHAN RAYA
    ATOK TOK WAN JANGAN KITA LUPA
    PEJWANG WAT BODO SAMBIL TEBAL MUKA
    JANGAN NAK MENEMPEL JENTRA PUN TAK ADA YER


    BILA NAK MENEMPEL JANGAN BANYAK SONGEH
    IKUT JER JANGAN BAGI SYARAT ITU DAN INI
    AKAR UMBI JENTERA PARTI TAK ADE JGN NAK TERHEGEH2
    PRU 15 INI KALILAH PEJWANG JGN DI BAGI MUKA LAGI


    INI PRU 15 LENYAP LAH LEGACY SELAMA LAMA NYA
    AUTA TIPU MUSLIHAT RAKYAT DAH TAHU SEMUA
    INGAT FORMULA WAHAI PENGUNDI PRU 15 YER
    LINGKUPKAN BOBOI=LINGKUP LEGASI TUN SELAMA NYA

    AKU INGAT KAN ULTRA MELAYU ISLAMIK TAPI JADI BARUA
    ACAH ACAH POWER ISLAMIK AKHIRNYA GORENG BLAKA
    AKIDAH & PULAU DIGADAI PADA ANAK LEE KWAN YEW PULA
    INI PRU 15 AYOH KITA KASI HANCURKAN KARTEL SEMUA

    RESEPI RAYA KETUPAT RENDANG LEMANG
    AMALAN TRADISI JUADAH DI HARI RAYA
    INI FAKTA ADA BUKTI NYATA ADIK ABANG.!!
    FORMULA LANTIK PM JANGAN DARI UTARA
    AKIDAH TANAH PULAU DEPA GADAI SEMUA..!!

    ReplyDelete
    Replies
    1. Punya panjang tulis, tak faham ni nak suruh sokong siapa? Ni kes lost in translation. KISS.. keep it simple, stupid

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  8. Replies
    1. MxxC acted like Judge Dredd.. " I AM THE LAW"

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