Thursday, February 19, 2009

hope, do we still have any?

I left the "palace of justice" yesterday, with a sense of hopelessness and a heavy heart...

If you were there, you would feel the same too. Even though the hearing was postponed to Monday, most of us who were in the courtroom already knew the verdict.

It was so obvious, just by the words and actions of the persons who are supposed to hear the case impartially.....

No biasness? I beg to differ!

I thought Malik Imtiaz's arguments on the recusal of Justice Augustine from RPK's ISA trial were brilliant! He was so eloquent and efficient!

For a moment, I almost thought that the application would get through...

I almost sensed hope..

But I forgot....of late, justice hardly prevail..... especially here....

The hearing itself, to begin with was unconstitutional as the federal court of Malaysia MUST be heard before a panel of minimum 3 judges, but Justice Augustine recused himself from the hearing BEFORE the proceeding was officially started.
" Normally cases before the Federal Court of Malaysia are heard and disposed of by a full Court comprising of three judges. However, in certain special cases, for example one which involves interpretation of the Constitution or a principle of law of major public importance, the Chief Justice may convene a bigger panel of five or even seven judges to deal with the matter. In fact the Federal Court sat as a seven-men Bench for the first time on February 5, 1996 to decide on the law governing the standard of proof required of the prosecution in criminal cases."
- Operation of Court
This was of course, argued by Malik Imtiaz, however, the other 2 judges dismissed it and called for the proceeding to start, and be heard before only the two of them...

Hmmmphhh...

For more on the court proceeding, go here:
RPK’s habeas corpus appeal : reporting live from Putrajaya
RPK ISA Trial - ajourned…
PALACE OF JUSTICE - THE MOTHER OF ALL MISNOMERS!

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