The true story behind LTTE 12 locked up 140 days!

https://www.malaymail.com/news/malaysia/2020/02/21/ag-drops-court-cases-against-12-including-dap-reps-accused-of-supporting-lt/1839592

Academic . . .

The LTTE in Malaya and the world is “academic” i.e. no live issue.

The AG’s statement was based on the spirit of the law.

AG Tommy Thomas is noted for saying there are no jurists in Malaya.

Likewise, there are no constitutional lawyers in the country.

Letter of the law alone is not rule of law. Letter of the law alone is not law at all. It’s dictatorship based on rule by law.

The rule of law means the letter of the law, and the spirit of the law, with greater emphasis on the latter.

The police based the case against the LTTE 12 on the narrow premise that the LTTE had not been delisted in Malaya as a terrorist organisation. So, the police were pushing for the court to put on blinkers, take a narrow view, and lock up the LTTE 12 for 30 years each.

The police need to read the law books on jurisprudence before rushing to judgement.

Pitchay bogus Khan . . .

It seems Pitchay Khan dragged the 12 to court when the AG was abroad two weeks on vacation.

Zakir Naik was allegedly behind the arrests.

The issue is coming to court unless Zakir Naik withdraws the cases.

Apparently DAP kicked Pitchay Khan to Johor.

Pitchay and Khan are surnames. Pitchay is Tamil. Khan in India is Pathan from southern Afghanistan.

Khan . . .

Jengiz Khan’s father was not a Khan. Khan was his step father.

Those with Khan in their name should stop being proud.

Jengiz Khan may have been born after his mother was raped by the step father’s worst enemy.The step father brought up Jengiz as his own son after killing the rapist father.

In another version of history, it was Jengiz’s wife who was held for over a year by his worst enemy and raped. So, Jengiz’s descendants may not have been Khan.

Court cases loom . . .

The 12 LTTE persons will drag the gov’t, IGP of Jho Low and Indira Gandhi fame, Pitchay bogus Khan and Islamic terrorist and hate preacher Zakir Naik to court for wrong arrest and confinement, torture and violation of constitutional and human rights.

Watch . . .

The Star Online: Lawyer slams AG for dropping LTTE charges.
https://www.thestar.com.my/news/nation/2020/02/22/lawyer-slams-ag-for-dropping-ltte-charges

This convert, a Mahathir balls carrier, provides further proof that there are not only no jurists and constitutional lawyers in Malaya and Borneo, very few understand rule of law, the basis of the Constitution.

Given their weakness in jurisprudence, besides ignorance on constitutional law, they mistake the letter of the law for law.

Letter of the law alone is not law. It’s dictatorship based on rule by law. That’s what happens in countries like China which, as a result, claims the South China Sea almost in its entirety.

China, like Islamic countries, also does not recognise international law and human rights.

Human rights is the basis of international law.

International law is based on international customary practices.

It was not so long ago that then outgoing Chief Judge, Richard Malanjum, reminded lawyers and the judiciary that letter of the law alone is not law.

He disclosed that he had often come across lawyers insisting, “this is the law . . . here, here, read for yourself”.

In rule of law, reminded the Chief Judge, the letter of the law must not only be read together with the spirit of the law, the emphasis on the latter is greater.

This is where the court comes in. The legislature passes law but only the court can declare it.

The court interprets the intention of Parliament, the intention of the framers of the Constitution, and the intention of the Founding Fathers, for example, on the Malaysia Agreement 1963 (MA63).

No court in the world will interpret intention by confining itself to the written word and deciding it should be taken at face value, in its simplicity, in the ordinary dictionary meaning.

The work of lawyers is to look for law and point it out.

The work of the court is to find the law.

Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.

Common sense tells us the LTTE 12 are neither Tamil Tigers nor terrorists.

According to jurisprudence, God is not a source in law.

Law must have source to have jurisdiction, authority and power.

What is the source of the law on the LTTE in Malaysia? A defunct organisation, not listed anywhere in the world as a terrorist organisation, cannot be the source.

The defunct LTTE stands inherently delisted in Malaysia although it’s still in the books as a terrorist organisation.

The court is about the law. The defunct LTTE as a terrorist organisation is not law.

The court is also not about ethics, moral values, theology, sin, God, justice or the truth.

Only God knows the truth. Many people go to court and swear to tell the truth, the whole truth, and nothing but the truth, but proceed to lie through the teeth.

The fact that the defunct LTTE is listed in Malaysia as a terrorist organisation is the truth. But it is not law given the overwhelming evidence against it.

We go to court to get justice, or are dragged to justice i.e the court, but it is the law that decides.

Law ultimately is the power of language. It’s not enough to have paper qualifications in law. A lawyer must have mastered language, especially the English language. This is where many lawyers fall apart.

The Federal Constitution is clear on the power of the Attorney General. The AG does not have to give any reasons for decisions. Still, the AG issued a 11 page statement on his decision to withdraw the charges against the LTTE 12.

Since the AG has decided to withdraw the charges, the court has no choice but free the LTTE 12 when they are brought before it.

The court does not have the power, under the Federal Constitution, to prosecute.

Only the AG has the power to prosecute.

Additional reading . . .

https://www.malaysiakini.com/news/511876

Extract from the link . . .

The attorney-general said the home affairs minister’s order declaring an entity a terrorist group was not meant to be permanent and under Section 66B(9) of Amla, should be reviewed every six months to discover whether there were still reasonable grounds for such an order to continue.

“It is therefore plain and clear that the law requiring an order declaring an entity a terrorist group must be reviewed every six months by the minister. If its violent actions or tendencies continue, the order stays.

“If, on the other hand, such actions cease or the entity itself becomes moribund, defunct, dissolved or disbanded, then the order should be revoked,” Thomas said yesterday.

The LTTE became defunct in 2009 after it was defeated by the Sri Lankan army.

Thomas also said the timing of when the gazette was made could also hurt the prosecution’s case.

This was as the LTTE was only declared a terrorist group in November 2014 while one of the accused was charged for activities in March and June 2014.

“It is obvious that these charges against him simply cannot stand because at that point of time, the LTTE was not even gazetted which is a necessary element of the offences.

“Additionally, an argument is available to the defence of each accused that the declaration of LTTE as a terrorist group on Nov 12, 2014, may be invalid or at least ought to have been revoked following a Section 66B(9) review of the order.”

Read further here . . .

https://fernzthegreat.wordpress.com/2020/02/21/ph-did-not-agree-with-anwar-that-mahathir-be-driven-into-exile-with-family/

Mahathir can die as Prime Minister. Anwar Ibrahim will probably take over if he doesn’t die before Mahathir.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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