BREAKING NEWS! . . . Lawyers in Malaya, media, avoid Borneo rights like the plague . . .

Lawyers in Malaya, media, avoid Borneo rights like the plague . . .

Parliament can pass laws, only the court can declare them!

Vinod Sekhar posted in LinkedIn, on Tony Fernandes’ Page, that the Vibes does not deny the right of reply, does not exercise self-censorship nor impose censorship.

He swore that although he’s not the Editor, the Vibes upholds the Free Press, as the 4th Estate, and believes in the right of free speech and in speaking up and speaking out on matters of public concern and public interest.

I will believe it when it happens.

The free press does not exist if it’s in somebody’s pocket and only publishes in such a way that it discourages free speech.

Is CNN free press when it cherry picks on giving air time including on the unvaccinated and avoids electoral integrity? Instead, it hysterically harps on “the Big Lie” in response to Trump’s allegation on the “Big Steal” and misrepresents Jan 6 as “insurrection”.

Why does CNN deny Trump airtime?

Having said that, I am against political personality cults, party politics, hardcore card carrying memberships and new forms of tribalism and feudalism under the guise of “democracy”.

Democracy isn’t about voting every four years and going home to sleep. Democracy only works if the people participate.

The people should form movements on issues and enter into a dialogue with the gov’t. If the gov’t avoids dialogue, they have the right to take to the streets.

Jan 6 was a people’s movement, taking to the streets, on the US Supreme Court avoiding electoral integrity, at the very core in the US Constitution. This would never happen in India.

Electoral integrity isn’t about who obtained how many votes as no election is free of fraud. In law, a line must be drawn somewhere lest Pandora’s Box open on the extent of fraud which affected outcome. No court can allow the floodgates to open and vote counting go on forever until the outcome can be stage-managed.

America will degenerate into civil war on electoral integrity and the unvaccinated!

Anyway, away from that little digression, I asked Vinod Sekhar for his email address since he suggested that the discussion be taken “offline”, having “nothing to do” with Tony F, despite the latter uncharacteristically complaining loudly everyday in LinkedIn about the “haters” including the online media and the social media.

I advised Tony F in LinkedIn that he won’t win if he fights the passengers who are the very reason for his existence. If he can buy a Tesla and brag about it in LinkedIn, he can give full refund in the form of credits valid for three years given the special circumstances created by Big Pharma, politicians and the media using the pandemic BS to scare the people and zap public confidence. AirAsia passengers are not creditors, a fact the court ignored.

I gave Vinod Sekhar my email address.

Then, there was radio silence. He’s probably getting a briefing from Anwar Ibrahim. I haven’t asked Anwar in LinkedIn about his alleged links with the Vibes. We need transparency on this and others funding the online media . . . Azmin Ali, Umno, US State Dept and DAP.

Vinod Sekhar’s LinkedIn Profile does not open. The email address is missing from the website.

Let’s see!

An Article in the Vibes by Vinod Sekhar on B. C. Sekhar does not prove the free press exists in M’sia. One swallow does not mean Spring.

B. C. Sekhar came from Kerala, southwest India, reportedly armed with nothing more than a BSc. Every Vergese, Menon and Mahathir Kutty of a bus conductor in Kerala has BSc or BA.

So far, the Vibes, MalaysiaNow and FMT, among others, have been behaving like the “cakap bukan serupa bikin” and “indah khabar daripada rupa” malusiakini otherwise known as malaysiakini.

All of them avoid investigative journalism and Borneo rights like the plague.

RM100m house . . .

MalaysiaNow may be trying to make amends with the story on Najib’s RM100m house. Probably, 95 per cent of the RM100m would not be spent on the house. They didn’t mention this perhaps for fear of losing the proverbial ang pow. The gov’t is giving the land, reportedly worth RM20m, free.

Will any country in the world reward a convict with gov’t land worth RM20m and RM100m to build a house?

If it’s said there’s law on the matter, what was the INTENTION of Parliament in enacting such legislation? The letter of the law isn’t the sum total of the rule of law, the basis of the Constitution. In the rule of law, there’s greater emphasis on the spirit of the law, read together with the letter of the law.

The letter of the law, by itself, isn’t law at all. There’s no democracy. It’s dictatorship based on rule BY law i.e. rule BY Man and/or the law of the jungle where anything goes.

All the said media, others as well, compile known facts and try to pass them off as OPINION!

They have a congenital inability to connect the dots.

Anyway, here goes!

Law in Malaysia . . .

The University of London advises law students that they will first be marked for their English, and secondly for evidence of wide reading.

In law, the party in dispute on issues in conflict will only win if they can find the ‘jugular vein” and point it out. It’s all about connecting the dots for originality of thought.

Again, in law, there are two kinds of people in this world.

The first type, the great majority, get into trouble because they don’t read.

The second type, a tiny minority, will put the first type in trouble because the former read widely.

Borneo rights . . .

Putrajaya, for example, will get into trouble sooner or later with the Borneo Territories on the Malaysia Agreement 1963 (MA’63) and Borneo rights because they don’t read. They make up stories as they go along. The current Amendments in Parliament, related to the Borneo Territories, are not based on reading. Maximus Ongkili, Jeffrey Kitingan’s nephew, should be ashamed of himself for warning Borneo MPs on the matter. His uncle is Keningau MP.

Jeffrey has already cautioned that the said Amendments must be first discussed and debated in the Sabah and Sarawak territorial assemblies before Parliament can take up the matter.

In retrospect, Mahathir confessed, during the run-up to GE14 and its aftermath, that he never read the MA’63. He merely followed the policies of his predecessors on the Borneo Territories.

Mahathir detained Jeffrey in 1990 under the draconian Internal Security Act (ISA), for nearly four years, allegedly on the grounds that the latter was planning to take Sabah out of Malaysia. In fact, Jeffrey’s “crime” was educating the people on MA’63. Many people in Sabah and Sarawak don’t know what MA’63 was all about. Maximus Ongkili was detained as well, along with Jeffrey, but for only two months. Former Sabah Deputy Chief Minister James Ongkili prevailed on Mahathir. Ongkili, the younger brother, was released.

Mahathir, noted for making up stories as he goes along, told Jeffrey after his release in Feb 1994 that the police advised him to detain the latter. The snap Sabah elections were held in Mar 1994. Mahathir pre-empted the elections by releasing Jeffrey before his 2nd two year detention had run out.

Jeffrey has been telling the media since 1994 that Mahathir advised him against “telling the people what they do not know”.

It’s a disgrace that the legal fraternity in Malaya has been like the proverbial three monkeys on MA’63 and Borneo rights. The media failed to explore this phenomenon.

AG Tommy Thomas advised de facto Law Minister V.K. Liew, after GE14, against mentioning MA’63 in proposed Amendments to Article 1(2). He cautioned against creating “legal complications”. The present AG, Idrus Harun, advised de facto Law Minister Wan Junaidi Tuanku Jaafar that he can go ahead on Article 1(2) and related Amendments.

The right and proper forums await the Amendments . . . Federal Court sitting as the Constitutional court, the High Court in London, the UN Security Council and the International Court of Justice (ICJ) at the Hague, the Netherlands.

The people can Petition the UN Security Council on Borneo rights and take out a class action suit at the High Court in London. The court has jurisdiction since the UK signed MA’63 with North Borneo and Sarawak which, as colonies on 9 July 1963, did not have “legal capacity” under international law. Singapore and Malaya signed as well.

Parliament can pass laws but only the court can declare them.

CLP unmasked . . .

Having said all that for starters, it may be noted that except for the Bachelor in Jurisprudence offered by Universiti Malaya, law graduates from public universities are unfairly exempted from the CLP. Universiti Malaya’s LLB graduates are exempted as well from the CLP.

The worst universities in the world are in M’sia as the quota system, catering to the lowest common denominator at the expense of the brightest and best leading the Way for All, applies to critical disciplines as well and in recruiting local academic staff. The marking system, a state secret, is separate for Malay and non-Malay.

The best universities in the world are the 10 IIT (Indian Institute of Technology) in India. Their graduates are highly sought by multinationals and America as well, over the graduates from MIT, Harvard, Yale, Princeton, Stanford, Oxford and Cambridge, among others.

Will the US gov’t or any multinational hire a graduate, for example, from Universiti Malaya which recently went up in the bogus Asian university rankings?

Malaysia should scrap the discriminatory CLP and introduce the Common Bar Examination for LLB graduates. AG Tommy Thomas could have done something here. This was among his “miserable” failures.

Malaysia should also allow the law conversion course for non-law degree holders. That will help widen the talent pool. Tommy Thomas, being an LLB graduate, was against introducing law conversion courses. That made the gov’t happy.

Generally, Malaysians who do LLB in England for example avoid the Bar if their language is weak. Law, ultimately, remains the power of language.

In the West, no one would read law if their language is weak. Besides, westerners are not obsessed with their children becoming doctors, lawyers and engineers. That explains why there are so many Indian doctors in the UK and America. Every other doctor who appears on CNN is Indian. Westerners don’t live their dreams through the children. The young are free to pursue creative careers.

However, Malaysians abroad eyeing careers in law are not deterred by poor English. They hurry home only when reality catches up with them. The CLP allegedly gets rid of them.

Those who do the Bar in England, Australia and NZ don’t have to sit for the CLP.

Those admitted to the High Court in the three countries can Apply for admission to the High Court of Borneo or High Court of Malaya.

In England, Wales and Australia, the LLB isn’t necessary to do the Bar but can be used as well. The LLB is an academic programme which has nothing to with courtroom work, as pointed out by the University of London. Non-law degree holders can go through a six months to 18 months law conversion course before the Bar.

England and Wales have reformed law education.

There are different pathways now for Advocates and Solicitors.

The Solicitors Regulation Authority in the UK also governs the profession.

The great majority of the law graduates churned out by public universities in M’sia have little interest in the profession. If they can’t join the AGC, which AG Tommy Thomas dismissed in his memoirs as incompetent, they drift away and pursue other careers.

Money laundering . . .

The AGC recently lost “open and shut” cases on money laundering by claiming, without proof, that the suspect monies came from 1MDB.

The court put on blinkers and ruled on the AGC claim.

The court could have taken a wide latitude on interpretation and queried the source of the suspect funds. That didn’t happen. Instead, the court ordered that the suspect funds be returned to the very people who could not have saved it from small.

It’s only the DoJ which has been getting back billions for M’sia by citing the Definition of money laundering in international law . . . Money laundering has been defined as having assets far in excess of what can be legitimately accumulated over a lifetime. Such assets can be frozen, seized and forfeited by the state by civil action. Criminal suits will only be instituted if the civil action is challenged.

Former Sabah Chief Minister Musa Aman admitted in court that he received RM380m in political donations. The law states that any donation above RM5K should be reported.

Bank Negara did not pursue the RM380m as a money laundering case.

The moribund MACC does not do due diligence on inflated gov’t contracts. It claims the MACC Act is only about giver and taker situations. Was that the INTENTION of Parliament on the MACC Act?

Parliamentary Speaker Azhar Harun has disallowed repeated attempts by lawmakers on mention in the Pandora Paper’s on Malaysia.

Even the Indira Gandhi case and deliberations on MA’63 have been placed under the Official Secrets Act 1972. Was it the INTENTION of Parliament that the OSA can be used to cover up wrongdoing and being party to illegalities?

It has been said that the AGC can only win judicial review cases. The cards are stacked against Applicants. Unlike in England for example, the court generally does not go into the merits of judicial review Applications if the gov’t has complied with its own procedures. The court does not consider whether gov’t procedures were unfair. That’s how the Herald, the Catholic weekly, lost the Allah case. That doesn’t happen in England.

No one in the world can beat the Supreme Court of India on law. It has been reported by the Bar Council that half the practising lawyers in India have no law degrees. It’s not true that they have fake degrees. The true story is that they have no law degrees.

The court in India probably doesn’t query too much if a “lawyer” has been chosen by the Client. In law, a Client has the right to choose someone to represent him or her in court or Act in Person. There can be no law that a litigant or Defendant must choose a representative who has been admitted to the High Court after securing an LLB and Bar or CLP.

Spirit of the law . . .

Like the great majority of lawyers in private practice in M’sia, law graduates who drop out from the profession belabour in the delusion that the letter of the law is the sum total of the rule of law. It has been alleged that they can’t fathom the spirit of the law, jurisprudence and constitutional law. CJ Richard Malanjum lamented on this in a farewell address.

Unconstitutional . . .

Malanjum may have not practiced what he preached. He was reportedly instrumental on the “unconstitutional” change of the Sabah gov’t on Sat 12 May 2018.

We can digress a little here.

The Federal Court ruled in a majority decision on Tues 1 Sept last year that the Perak case law 2009 was not applicable to Sabah, and presumably Sarawak, and the non-sultanates in Malaya. The court said the 1966 Stephen Kalong Ningkan case in Sarawak was the right law for Sabah on Sat 12 May 2018.

The Sabah Governor, not being hereditary, has no residual powers — i.e. reserve powers — and has only the limited discretionary powers stated in the Sabah Constitution.

Ironically, power grabber Shafie Apdal wasn’t sworn in on Sat 26 Sept after the snap Sabah election despite the Sept 1 ruling. He was the only one qualified under the definition of “majority” in the Sabah Constitution. Shafie did not explain why he did not pursue the matter. The Perak case law was presumably “used” in appointing the Chief Minister.

Musa Aman withdrew 12 Constitutional questions after the Sept 1 majority ruling. That spared the Shafie gov’t of Sat 12 May 2018 the blushes and paved the way for the current gov’t.

It remains to be seen whether the sanctity of the Sabah Constitution would be restored after the next territorial election. Musa Aman, in going to court after Sat 12 May 2018, explained many times that he wanted to help restore the sanctity of the Sabah Constitution. Again, in a contradiction in terms, he withdrew his Application in the Federal Court after Sept 1 last year.

In fact, any Sabahan has locus standi to file an ex-parte Originating Summons in court on the 12 Constitutional questions posed by Musa Aman.

This is the proverbial Sword of Damocles which hangs over Sabah. The legal fraternity maintains a discreet silence on the matter.

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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