Showing posts with label judicial independence. Show all posts
Showing posts with label judicial independence. Show all posts

Monday, October 29, 2007

I Also Salute You, Sir.


What an outstanding fine speech by a highly respected former Lord President of the Judiciary in his inaugural address at the 14th Malaysian Law Conference on Monday, 29th, October, 2007!

Touching on various common legal concerns and personal insightful observations, Sultan Azlan Shah spoke of
a disquiet and discouraged the compromising of the integrity of judges by fraternizing with "business personages and other well-connected individuals" and various other issues.

He also offered constructive suggestions in improving the services of the judiciary in the region.
Here's an inspiring portion, out of numerous others, of his humanistic speech that can be found in full at the Malaysian Bar Council website.

QUOTE:
This deals with a judge’s quality in decision-making. We in Malaysia live in a multi-cultural and multi-religious society. Our founding fathers accommodated this diversity into our Constitution that is reflected in the social contract, and saw this diversity as strength. Judging in a diverse society is not an easy task. Judges in many parts of the world face similar difficulties. Those of you who were present at the lecture delivered by Justice Albie Sachs at the Second Tun Hussein Onn Lecture last week will know how the Constitutional Court of South Africa, as the guardian of the constitution, wrestle to arrive at a just decision when dealing with the issues relating to diversity or discrimination. Judges in Malaysia must be ever mindful that they are appointed judges for all Malaysians. They must be sensitive to the feelings of all parties, irrespective of race, religion or creed, and be careful not to bring a predisposed mind to an issue before them that is capable of being misconstrued by the watching public or segments of them. I am reminded of the proud accolade of the late Tun Suffian in his Braddel Memorial Lecture in 1982, when speaking of the Malaysian judiciary to a Singapore audience he said: “ In a multi-racial and multi religious society like yours and mine, while we judges cannot help being Malay or Chinese or Indian; or being Muslim or Buddhist or Hindu or whatever, we strive not to be too identified with any particular race or religion – so that nobody reading our judgement with our name deleted could with confidence identity our race or religion, and so that the various communities, especially minority communities, are assured that we will not allow their rights to be trampled underfoot.” I have found it necessary to speak at some length on these matters because it is my earnest hope that the Malaysian judiciary will regain the public’s confidence and it will once again be held in high esteem as it once was held. In conclusion, I wish to say as I have said on previous occasion ‘in the judiciary, people place their trust and hope’. UNQUOTE

Yes sir, I salute you, too for been so understanding, refreshingly courageously candid, honest and inspiring.

Monday, September 24, 2007

Israeli Judiciary Independence

From the people who gave the world Abraham, Moses, Jesus, Albert Einstein, George Soros, David Marshall, Karl Marx amongst many other Noble Prize winners and achievers, Malaysians can learn about judicial independence (as guaranteed by the Malaysian Constitution). No one is above the law in that democratic country.

Here is the latest hot news from Israel courtesy of YNet News.

Attorney general Mazuz orders criminal probe against Olmert

Attorney general orders criminal investigation against prime minister over suspicions he purchased Jerusalem flat for discount price in exchange for granting construction company illegal building permits. PM's Office: Police investigation unnecessary

Aviram Zino

Published: 09.24.07, 14:32 / Israel News

Attorney General Menachem Mazuz ordered a criminal investigation against Prime Minister Ehud Olmert over suspicions that a friend bribed him by selling a Jerusalem house for a discount price.

Olmert is suspected of purchasing a Jerusalem flat from a friend for a price $320,000 cheaper than the property's market value in return for helping the construction firm that refurbished the apartment block gain illegal building permits.

Leumi Affair

Olmert aides: Probe will come up empty / Ronny Sofer

Prime minister’s aides say he is proud of Bank Leumi privatization, process was supervised by top Finance Ministry officials; Meretz MK Cohen: This is the beginning of the end for Olmert
Full story

The prime minister is also suspected of helping the company acquire a license to build on 750 square meters (8,073 square feet) as opposed to the original permit for 350 square meters (3,767.4 square feet) approved by the Jerusalem Municipality.

The Prime Minister's office said in a statement Monday that it was "confident in the steps taken by the Olmert family prior to purchasing the apartment on Jerusalem's Cremieux Street… We regret the decision to open what we are sure will prove to be an unnecessary police investigation."

The statement also said that the prime minister would cooperate with the investigation.


Olmert. Another investigation (Photo: Reuters)

The prime minister is already under criminal investigation in the matter of the privatization of Bank Leumi.

The allegations claim that during his tenure as minister of finance, Olmert broke the law for two of his friends – Daniel Abrams and Frank Lowy – with whom he conducted, directly and indirectly, a relationship plagued by bribes.

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The State Prosecution recommended on July 8 that Mazuz launch a criminal investigation against Olmert after State Comptroller Micha Lindstrauss pointed to irregularities in Olmert's purchase of the apartment.

The prime minister purchased the garden apartment on Cremieux Street for $1.2 million when the flat was estimated at over $1.6 million.

The flat was purchased in October 2004 from the Alumot real estate agency.