Yap Chong Yee

Wednesday, July 23, 2008

Karpal take outbwrit of Mandamus against judge refusing to call Najib

Why is it that I am not surprised that the judge will reject Mr Karpal’s application to order the appearance of Dato Seri Najib as witness ? I too had a similar experience, which by the way is not over yet. Judges in Malaysia do not know the law and if they did they think they are entitled to exercise their judicial; and let me assure you that what they think is their right to judicial discretion is nothing more than their belief that their can do as they please; more like their personal whim.

It is the practise of Malaysian judges not to write their judgment if ever they had one and they think they have a right to do that; BUT IF THEY HAVE SUCH A RIDICULOUS POWER THEN WHAT IS TO BECOME TO THE APPEAL PROCESS ? You cannot appeal unless the judge is proven wrong in law or fact. What can you do if the judge will not and in most cases do not know how to write their judgment ? That is the state of the Malaysian dysfunctional judiciary and legal system. In this case it is blatantly wrong in law to reject an application made to have a relevant witness present to be examined. THAT IS ADMISSION THAT NAJIB IS ABOVE THE LAW.

I regret very much that lawyers in Malaysia just wait forever, sitting on their hands and my wife’s case saw a woman judge sat on her hands for over 4 years to decide on an issue relating to an application for security for costs and after those long 4 years she decided rejecting our subnission; so much for the law. However, there is an application that Mr Karpal can make to compel the judge to issue the subpoena directing Najib to appear as witness. Mr Karpal can apply for a wrti of Mandamus which I googled on wikipedia and it states that a writ of Mandamus in these terms :

“A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]
Itis for Mr Karpal to apply to the court for a writ of mandamus directing the previous judge to approve his application. For too long, Malaysian Judges have no realistic appreciation of the limits of their judicial powers; we need to take to court more often to hobble their natural propensity to abuse their powers.
Coming to my eternal love for gloating, let me ask the PM, Dato Seri Najib, that Interior Minister Syd Albar, “WHAT HAS NAJIB GOT TO HIDE AND IF HE HAS NOTHING TO HIDE THEN WHAT HAS HE GOT TO BE AFRAID OF IN ATTENDING COURT FOR CROSS EXAMINATION ?

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