BREAKING NEWS! . . . No one likes AirAsia supremo Tony Fernandes, he makes others look bad . . .

No one likes AirAsia supremo Tony Fernandes, he makes others look bad . . . Malaysia Airlines and Singapore Airlines hate him like poison, airlines in India too!

In law, Malaysian gov’t owes AirAsia passengers for cancelled flights . . .

Opinion isn’t law. Only the court can declare law.

AirAsia can’t refund money it doesn’t owe, and even if it owed, it doesn’t have!

In law, the Malaysian gov’t is responsible for refunding AirAsia passengers for cancelled flights.

Opinion isn’t law. Only the court can declare law.

The gov’t created AirAsia’s PN17 status by being a SPECIAL KIND of STUPID on the pandemic.

It’s not true to say that AirAsia has been insolvent for some time. Those who know the story of the Sugar King in Idi Amin’s Uganda in 1972 would know how Tony Fernandes operated AirAsia.

The pandemic was an Act of God. The Malaysian gov’t’s response wasn’t an Act of God.

How can AirAsia refund money it doesn’t owe, and even if it owed, it doesn’t have?

The court has ruled on the matter.

Among others, it accepted that the passengers claiming refunds were creditors and that they can claim 0.5 per cent of the refunds due. It was AirAsia which offered them “profit sharing” to make up, albeit partly, for the refund amount sacrificed by law.

Although AirAsia did not have to cite the Malaysian gov’t’s SPECIAL KIND of STUPID as special circumstances in law, the court can take them into consideration.

AirAsia can either pay the 0.5 per cent refund in cash or in the form of travel credit.

I have suggested that AirAsia, on its own accord, give FULL REFUND in the form of Travel Credit valid for three years based on the special circumstances created by the pandemic, an Act of God, and the special kind of stupid of the Malaysian gov’t on the pandemic.

Fighting . . .

I cautioned Tony Fernandes in LinkedIn against creating the public perception that he’s “fighting” with AirAsia passengers.

He should know by now that no one likes him. He makes others look bad. Anyway, he’s not running in a popularity contest.

Passengers are the reason AirAsia exists in the aviation sector.

It can’t be argued that passengers don’t really matter, even if true, since AirAsia has always been about asset management in the aviation sector, based on using advance ticket sales to buy or lease aircraft from AirBus which arranges loans with European banks.

It’s true that AirAsia never made money by selling tickets. But let’s not go there.

No court in the world will go into the prerogative and discretionary powers of gov’t and management unless abuse can be proven. There’s case law on this from Raja Azlan Shah and from the Federal Court recently Declaring on Article 145 with reference to an Asian Arbitration case.

In law, those who accuse have to prove their allegations.

The court will reject hearsay. Generally, circumstantial evidence is inadmissible in a criminal case unless the Test of the Burden of Proof shifts from the criminal to the civil standard. In keeping on the safe side, the court can give the benefit of the doubt to accused persons.

Fatal flaws in law . . .

The court must be persuaded and convinced on fatal flaws in law and that it’s safe to convict.

The court may be more than reluctant to visit abuse cases, and if at all, rarely and grudgingly.

It’s contempt of court to defy the Ruling. Those in contempt risk jail, fine and further jail in default.

The court will not give them a hearing unless they first purge the contempt, apologise and promise not to repeat it.

The court isn’t about moral values.

The court isn’t about truth. Only God alone knows the truth.

The court isn’t about ethics, theology, sin, God or justice.

The court is only about law.

No law, no crime.

The court brings closure.

Put it down to experience and move on. That’s KARMA!

What others do to us is their Karma.

How we react is our Karma.

Karma — the Law of Cause and Effect — is the 1st eternal law based on eternal truth.

The rule of law . . .

Jesus said that we must forgive not just seven times but even seventy seven times.

The rule of law, the basis of the Constitution, means that all are equal under the law, that no one is above the law, that there’s no discrimination unless there are special circumstances.

The rule of law means Pardon if there’s miscarriage of justice.

If Agong says there has been miscarriage of justice and grants Pardon, no one can go crying to the court claiming that there has been no miscarriage of justice. The matter is nonjusticiable.

That’s rule of law.

In the US, the President grants Pardon even where a person has not been brought to court. That’s rule of law.

Restrictions . . .

There’s no reason for the Malaysian gov’t, a special kind of STUPID, to continue with pandemic-related restrictions, keep the borders closed and maintain curbs on the economy.

Big Pharma’s vaccine does not prevent infections. It claims to prevent severity of symptoms. There’s no proof of that.

The efficacy of Big Pharma’s vaccine lasts only four months.

Health Minister Khairy Jamaluddin has warned that those over 60 years will revert to unvaccinated status if they don’t get the 3rd booster dose by 1 Mar 2022. The efficacy of the 3rd booster dose will last 4 months.

What about those below 60 years? Although fully vaccinated, double dose, they will also revert to unvaccinated status after Mar 1.

AirAsia should not mindlessly insist that only those fully vaccinated can board their aircraft. Fikir fikirkan lah Tony Fernandes. Pakailah otak sikit.

The virus, if true it’s airborne, will not fly into our mouth, nose and eyes. It may fly into the eyes — wear face shield, goggles or glasses — but will not enter the mouth and nose if we are masked.

In any case, the mask protects US from OUR unsanitised hands.

At home, we should sanitise the hands once a day.

Public healthcare system . . .

The public healthcare system in Malaysia isn’t on the verge of collapsing and imploding. In fact, in no country in the world has the pandemic caused the public health system collapse and implode.

Pandemic or no pandemic, virus or no virus, hospitals have strict criteria on who can be admitted. No bed, no admission. Yet the media, an unthinking animal which can be manipulated, hysterically screams that the public healthcare system in this country or that country risks collapsing and imploding. The media, not so long ago, made that insane claim about India. It reported that India had insufficient oxygen.

India is the world’s largest producer of oxygen. It briefly ran out of cylinders. The situation was quickly addressed. The media didn’t report it. It stopped covering India on the pandemic because there was only good news.

Journalism is about bad news as AirAsia has since discovered.

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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