Anwar’s conviction marks return of authoritarian rule, says lawyers’ group

MARCH 08, 2014

Datuk Seri Anwar Ibrahim's sodomy conviction yesterday has reaffirmed the return of authoritarian rule and the prime minister's false reformist credentials, Lawyers for Liberty (LFL) said today.

Its executive director Eric Paulsen (pic) said the fact that the Malaysian judiciary was neither impartial, independent nor free from "political manipulation and control" was apparent from the "lightning" speed the opposition leader's case was handled in the Court of Appeal yesterday.

"LFL is extremely shocked and appalled at the Court of Appeal’s ludicrous sodomy conviction and five years’ jail sentence against Anwar Ibrahim in what was clearly was a trumped up and politically motivated charge that has been universally condemned.

"The lightning speed in which the appeal against Anwar’s acquittal was brought forward and fully heard, having him convicted and sentenced in two days in order to disqualify him from running in the Kajang by-election, demonstrated clearly that in politically important cases, the judiciary is not impartial, independent and free from political manipulation and control," it said in a statement.

Paulsen hit out at the three-men bench, led by Justice Datuk Balia Yusof Wahi, along with Justice Aziah Ali and Justice Mohd Zawawi Salleh, who he said would go down in history for carrying out one of the "worst miscarriages of justice".

"Their names will live in infamy together with other infamous judges like Augustine Paul and Arifin Jaka who similarly perverted the law in order to convict Anwar on false charges," he added.

He said LFL was also shocked that Umno lawyer Tan Sri Muhammad Shafee Abdullah was allowed to lead the prosecution team against Anwar despite his conflict of interest and his unsuitability.

"Shafee’s appointment smacks of desperation and sets another bad precedent, sending the wrong message that the authorities will go to extraordinary lengths to secure the conviction of Umno’s political adversaries," Paulsen said.

"This move proved to be scandalous as Shafee continuously misled the court on the law and facts and at every available opportunity, made outrageous personal attacks against Anwar especially during sentencing.

"We are shocked at the deep disarray of our criminal justice system and cannot believe that any reform is possible under the present government," he added.

Yesterday, the Court of Appeal overturned Anwar's 2012 acquittal for sodomy, and sentenced him to five years jail.

His former aide Saiful Bukhari Azlan had accused Anwar of sodomising him in 2008.

Balia delivered the court's decision in 90 minutes after hearing submissions from both parties.

The LFL had previously also slammed DAP chairman Karpal Singh's conviction for sedition, saying authoritarianism and political persecution had returned after a brief lull following Prime Minister Datuk Seri Najib Razak's promise on democratic reforms, which it said now turned out to be a rebranding exercise and ultimately, false. – March 8, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/anwars-conviction-marks-return-of-authoritarian-rule-says-lawyers-group

International law experts say Karpal’s conviction violates freedom of speech

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
FEBRUARY 22, 2014
LATEST UPDATE: FEBRUARY 22, 2014 05:58 PM

The ICJ, together with other Malaysian legal bodies, disapprove of the High Court's decision in convicting Karpal of sedition. – The Malaysia Insider pic, February 22, 2014.The International Commission of Jurists (ICJ) has joined the Malaysian legal fraternity in disapproving the High Court's decision in convicting lawyer Karpal Singh of sedition, saying the conviction was inconsistent with international law and standards on the free expression of opinion by lawyers.

ICJ's International Legal Advisor on Southeast Asia Emerlynne Gil said this conviction sends out a message that lawyers in Malaysia are not free to express their opinions about legal issues.

Gil said Karpal's conviction was based on the fact that during a press conference in early 2009, he had allegedly uttered "seditious words" when he questioned whether Sultan Azlan Shah had the legal authority to remove the then Perak Menteri Datuk Seri Mohammad Nizar Jamaluddin.

"This case is another sign of the lack of respect of the Malaysian government for the principle of free expression," said Gil in a statement.

She said Karpal acted in fulfilment of a core function of the legal profession, which is to contribute to the public discourse on matters of law.

The United Nations basic principles on the role of lawyers specifically provide that lawyers, like ordinary citizens, are entitled to freedom of opinion and expression.

She said lawyers have the right "to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights" without fear of suffering professional restrictions or repercussions due to their lawful action.

Meanwhile, the Malaysian Bar said the right of a citizen, and in this case, a senior and experienced lawyer to voice an opinion on a constitutional point of law, was clearly within the scope of the freedom of speech and expression guaranteed under the Federal Constitution.

"That constitutional right must be interpreted liberally while any limits on it should be interpreted narrowly," Bar vice-president Steven Thiru said in a statement.

He said the constitution allowed Putrajaya to make laws, including the Sedition Act, that limited the right to free speech; but stressed that such laws "must be interpreted restrictively to ensure that the fundamental right was not rendered meaningless".

Steven said the sedition law enacted in 1948 was an "affront to the rule of law" and designed to suppress and persecute the citizens.

"The Act is antithetical to democratic principles and ideals as it stifles and criminalises genuine, temperate and reasonable discussions of important national issues," said Thiru, whose organisation represents about 13,000 lawyers in the peninsula.

Lawyers for Liberty (LFL) executive director Eric Paulsen said Karpal's conviction reaffirms the return of authoritarianism and political persecution.

Paulsen said this was apparent following the dismissal earlier this week of P. Uthayakumar's appeal, also for sedition.

He said the return of authoritarianism and political persecution followed a brief lull during which Prime Minister Datuk Seri Najib Razak made a series of democratic reforms which turned out to be a rebranding exercise and ultimately – false.

Yesterday, High Court judge Datuk Paduka Azman Abdullah found Karpal guilty of uttering seditious words against the Sultan of Perak at the height of the constitutional crisis in 2009.

The sentence has been deferred to March 7 for Karpal's defence team to prepare mitigation to obtain a lighter sentence.

Under section 4(1) of the 1948 Sedition Act, Karpal now faces a fine of up to RM 3,000 or imprisonment of up to three years.

The conviction may force Karpal to give up his seat as a member of the Malaysian parliament as the constitution stated that an elected representative was disqualified from office if fined more than RM 2,000 or jailed for a term exceeding one year.

Karpal, 73, has provided legal defence in several high profile cases, including that of opposition leader Datuk Seri Anwar Ibrahim, whose trial on charges of sodomy had drawn heavy criticism in Malaysia and internationally. – February 22, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/karpals-conviction-shows-lawyers-arent-free-to-express-opinions-on-law-say

Civil society must pressure Putrajaya to probe PKFZ scandal, says lawyers’ group

V. ANBALAGAN, ASSISTANT NEWS EDITOR
JANUARY 17, 2014

Civil society must pressure Putrajaya to set up a Royal Commission of Inquiry to investigate the RM12.5 billion Port Klang Free Zone (PKFZ) project, following the acquittal of two former ministers of cheating, a lawyers’ group said today.

Lawyers for Liberty adviser Eric Paulsen said a respectable panel would be able to shed light on who were responsible for the ballooning cost of the project.

"In such inquiry, third parties can assist the inquiry to make an evaluation and recommendation to the government to act against those responsible," he told The Malaysian Insider today.

He said police could probe further for the public prosecutor to file possible criminal charges.

Paulsen cited the case of the 2007 inquiry into the fixing of judicial appointments, where the report had implicated several personalities and recommended possible penal actions to be taken against them.

That inquiry, in its report, had said that there was sufficient cause to invoke the Prevention of Corruption Act 1961, the Sedition Act 1961, the Legal Profession Act 1976, the Official Secrets Act 1972 and the Penal Code against Tun Dr Mahathir, Mohamad,  lawyer V K Lingam, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor, tycoon Tan Sri Vincent Tan and former chief justices Tun Mohd Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim.

Paulsen said civil society must push for greater accountability from the Barisan Nasional government as taxpayers’ money was involved.

He said this in response to a call by veteran opposition lawmaker Lim Kit Siang for an inquiry after Tun Dr Ling Liong Sik and Tan Sri Chan Kong Choy were cleared of cheating charges in connection with the PKFZ project.

In calling for support from both his opposition colleagues and the ruling BN bloc to push for an inquiry when Parliament convenes on March 10, Lim said this was needed to avoid Malaysia becoming an international laughing stock.

On Monday Chan Kong Choy was acquitted of three counts of cheating former prime minister Tun Abdullah Ahmad Badawi in connection with the PKFZ project.

DPP Datuk Nordin Hassan had told The Malaysian Insider that the charges were dropped after public prosecutor had re-evaluated Chan's case and considered the representation by lawyers of the accused.

Chan's lead counsel Datuk Tan Hock Chuan had said the prosecution also decided against going through a trial after studying the October 25 acquittal of Dr Ling for allegedly cheating the Cabinet.

Paulsen said in other countries the public prosecutor would have been accountable to Parliament.

"In this country he need not offer an explanation as to why he used his discretion to withdraw charges against Chan," he said.

Paulsen said an inquiry was necessary because public confidence in the Attorney General Tan Sri Abdul Gani Patail, who is also the public prosecutor, had dipped to a new low.

“For such a large amount of money to be embezzled, many people must have been involved and the public prosecutor should have gone for all instead of putting a sham trial," he said.

He added that this botched-up prosecution again showed that politicians from the ruling party had "immunity" from justice.

On October 25, Dr Ling was acquitted of deceiving the cabinet by failing to disclose an additional interest rate of 7.5% to the purchase price of RM25psf in the PKFZ deal, despite knowing that the interest rate was already included in the price.

Chan was charged on February 28, 2011 with cheating Abdullah over the RM1.9 billion trans-shipment project between 2004 and 2006.

The project was initially tagged at RM1.1 billion after it was mooted by Dr Ling in 1997, but more than quadrupled to RM4.6 billion by 2007. – January 17, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/civil-society-must-pressure-putrajaya-to-probe-pkfz-scandal-say-lawyers-gro

National Union of Journalists, lawyers’ group condemn The Heat’s suspension

BY LEE SHI-IAN
DECEMBER 20, 2013

The Heat's editor-in-chief was hauled up by the Home Ministry recently. – The Malaysian Insider file pic, December 20, 2013.The National Union of Journalists and human rights group Lawyers for Liberty have condemned Putrajaya for the indefinite suspension of newsweekly The Heat, saying its action contradicted the meaning of democracy.

NUJ president Chin Sung Chew said Malaysia as a democratic country should uphold the practice of media freedom.

"The media is the Fourth Estate and we have a responsibility to update the public, especially if there is any abuse or wrongdoing by the Government," Chin told The Malaysian Insider.

"The public are entitled to know what is going on in the Government and we, as the media, are merely upholding our responsibility of informing the people.

"The Home Ministry, by suspending The Heat, has contradicted what a true democratic government would uphold and stand for," he said commenting on the indefinite suspension of The Heat.

Lawyers for Liberty called Prime Minister Datuk Seri Najib Razak a “false democrat” following the indefinite suspension of The Heat.

LFL co-founder and adviser Eric Paulsen said the slew of reforms which Najib had promised to implement on the eve of Merdeka Day in 2011 had all come to nothing.

"Najib had promised that Putrajaya would support press freedom by amending the Printing Presses and Publications Act 1984," Paulsen told The Malaysian Insider today.

"But the Home Ministry is still maintaining its authoritarian grip over the press, especially the print publication.”

Referring to the indefinite suspension of news weekly The Heat, Paulsen said this was a typical move by Najib's administration, another flip-flop step.

"Every step Putrajaya takes forward, it is followed by two steps back," Paulsen said.

He also drew attention to Najib's promise to abolish preventive laws and the Internal Security Act 1960.

"Najib kept his word and abolished the Emergency Ordinance and ISA, but Putrajaya then took two steps back by amending the Prevention of Crime Act."

"This is what I mean by Putrajaya and Najib constantly flip-flopping on reforms and human rights and press freedom."

Paulsen also said that many individuals were still being arrested and charged under the Sedition Act 1948 despite Najib's promise to do away with the archaic law

The Heat was suspended indefinitely by the Home Ministry in what is believed to be over a front-page article on Najib and his wife, Datin Seri Rosmah Mansor’s expenditure, sources said.

The weekly's reporters were informed about the suspension during an editorial meeting yesterday.

The weekly, which focuses on politics and socio-economic issues, had been issued a show-cause letter last week.

Editor-in-chief David Lee Boon Siew had also been summoned to the Home Ministry in Putrajaya and told to tone down its reports.

The Malaysian Insider understands that although the show-cause letter did not specify the offending article, it was over a report entitled “All eyes on big spending PM Najib” published in its November 23 to 29 issue.

It is believed that HCK Media, the publisher, had been given 14 days to reply to the show-cause letter but the Home Ministry appears to have suspended the publication before it could reply to the letter.

PKR vice-president N. Surendran said the suspension of the news weekly was a personal act of vengeance by Najib and Rosmah as The Heat dared to criticise the Government over its spending.

The Padang Serai MP described the suspension as undemocratic, arbitrary and an assault on press freedom.

He said the suspension was a calculated move by Putrajaya to keep the media fearful, subservient and emasculated. – December 20, 2013.

Source: http://www.themalaysianinsider.com/malaysia/article/national-union-of-journalists-lawyers-group-condemn-the-heats-suspension