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MACC and JAC are a pair of 'shoes'

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Post time 18-12-2008 07:11 AM | Show all posts |Read mode
MACC and JAC are a pair of 'shoes'


JK's Digest No. 2 of December 2008 (624-625 of 2008) MACC and JAC are a pair of ‘shoes’
1. MACC [Malaysia Anti Corruption Commission] is likely another red herring
2. JAC [Judges Appointment Commission] is still to be seen.


1. MACC is likely another red herring
Are these shoes on target? MACC and JAC may create sort of whoha in and outside the Parliament and likened to swansongs of the illegal Government and Parliament. I hope the Dewan Rakyat and the DYMM SPB YDP Agong would bring back some proper directions to such likely red herrings as targets are likely missed.


It was alleged that MACC instead of an agency would be effective to root out official corruption. Would that be so when we have a very bitter experience with another socalled powered Commission in Human Rights Commission of Malaysia (Suhakam) whose 9 reports to the Parliament had gather dusts in the archive somewhere in the leaking August house. Instead this August leaked house had been used as slaughter house (illegal abattoir) - blood letting - for 10 cows and 6 goats in July 2007.

Without integrity for 51/45 years, how would official corruption the cause of profligacy of RM15 trillions be addressed? I have done at least 26 Police Reports worth RM11.441 trillions with similar reports to the ACA but what happen to those reports since 2004?

Would now MACC re-open all those reports going after me with the provision to punish the whistle blowers?

Since official corruption is at all levels of the Government, how would the big ones be addressed even with the MACC? So it is another great disappointment as chaos against the right order or justice prevail.

How would we get whistle blowers now? Who would likely be the whistle blowers? Would MACC go after all those big sharks without any whistle blowers? It is also open secret that some ACA personnel are also corrupted in many cases, otherwise how to explain why so many BIG cases had been closed or ignored prematurely?

2. JAC is still to be seen.

Would JAC really work for true justice so far questioned?

It has been lopsided as the Judiciary is expected to favour the illegal Governments in most decisions and judges who make dissenting voices had been treated in unexpected manners. We have seen how the judge in N13 Likas 1999’s landmark case had been ‘hammered’ by the then Prime Minister. Another similar case was in 1987/1988 when UMNO was ruled illegal. Many more can be listed.
Would JAC be working for true justice instead of the chaos we have seen so far?

Do we need to depend on JAC when true justice cannot be played out by any parties?

Judges are judges and they know their roles and their own conscience should prevail.

John N. Oswalt asserts the Hebrew word translated "justice" is in many ways the antonym of "chaos" and it is much more than legality, as ‘justice’ has come to connote in English. Rather, it has the idea of ‘right order’ in his book "The NIV application Commentary" (Grand Rapids: Zondervan 2003).



So justice cannot be thwarted by any sort of legality and JAC would appear to be one of the legality features that may not work to bring about true justice or right order of things.
With or without JAC, how would we view my double High Court cases on General Elections 2004 and GE 2008 over those simple arithmetic discrepancies as exposed? Many would be shaking their heads for all sorts of hidden views.

QED:
The rots of fish start from the head. When the already corrupted Federal Constitution is there in so many instance of about 600 items, how can another pair of ‘shoes’ put the house in order? God helps us.

Joshua Kong - LATEST BOOK - "A case of victory - landslide or
rigslide" on the Malaysian General Elections 2004 or GREAT GRIEF.





[ Last edited by  13Friday at 19-12-2008 09:47 PM ]

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Post time 19-12-2008 05:38 PM | Show all posts
besar nye font...

sakit mata
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 Author| Post time 20-12-2008 07:21 PM | Show all posts

after the gone pair

now illegal Government of malaysia want to introduce the tax on petrol prices...


a reward for passing the pair of shoes..


What do we understand by this new tax?  Is tax not enough already?

Government s (Federal & State) should not have too much money

because they spend them on cronyism and corruption.

Joshua Kong





December 19, 2008 22:21 PM

No Floor Proce On Petrol, Tax Will Be Imposed If Below RM1.90 A Litre

PUTRAJAYA, Dec 19 (Bernama) -- The government has decided not to set a floor price on petrol but instead will impose a tax if its market price falls below RM1.90 a litre, said Domestic Trade and Consumer Affairs Minister Datuk Shahrir Abdul Samad.

As such, he said the people can get to enjoy lower prices if the world oil price dropped to whatever level but would be subject to government tax.

He said this was decided at today's Cabinet meeting, which also discussed putting in place a mechanism for a managed float of the retail price of petrol.

"Under the mechanism, we determined that the ceiling price be set at RM2.70 a litre with 30 sen subsidy still given if the market price is above RM1.90 a litre.

"If the market price is below RM1.90 a litre, we (Cabinet) took the decision to impose a tax but the rate is still at the discussion stage and will be known next month," he told reporters at his office here Friday.

However, he said despite th He added fortnight or monthly average price of world crude oil would continue to be used in determining the pump price of petrol.

As for diesel and liquefied petroleum gas LPG, Shahrir said subsidies would continue to be given for them.

From January till November, the government spent a total of RM16.019 billion on fuel subsidies and the figure was expected to hit RM20 billion this year including the provision of rebates, he added.

In KUALA LUMPUR, the Agriculture and Agro-Based Industry Ministry announced a 10 sen reduction in the price of subsidised diesel and petrol, from RM1.30 a litre to RM1.20 a litre, for fishermen effective Jan 1.

Despite this latest reduction, fishermen receiving RM200 cost of living allowance (Cola) would continue to enjoy the facility, the ministry said in a statement.

The statement added that the ministry would hold talks with fishermen's representatives from time to time to ensure their welfare is taken care of.

-- BERNAMA
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 Author| Post time 22-12-2008 06:08 AM | Show all posts

soon after

the illegal PM  "I ran" after this pair..
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 Author| Post time 25-12-2008 11:20 AM | Show all posts

Red herring to fool some people

Rotten system of illegal Govt of 51/45 years cannot do anything but fool others.

Joshua



Why no constitutional amendments?


Dec 24, 08 11:28am
Just about everybody has been arguing that constitutional amendments are essential for Prime Minister Abdullah Ahmad Badawi's 'reform' bills.


MCPX
Yet both the Malaysian Anti-Corruption Commission (MACC) and Judicial Appointment Commission (JAC) will now become laws without the accompanying changes to the constitution.

Why?

The answer is simple - the prime minister does not have the numbers in Parliament to push through the much-needed constitutional amendments.

To change the constitution, Abdullah needs the support of two-thirds of the Parliament, or 148 of a total 222 MPs.

The Barisan Nasional is 10 short of that magic figure, making it necessary for the first time in the ruling coalition’s history to seek backing from the opposition.

Yes, it is likely that the opposition will vote for the constitutional amendments.

But 'likely' is not good enough for the prime minister. What Abdullah feared most is that Pakatan Rakyat would turn the exercise into a vote of no- confidence on his leadership.

Abdullah would hate to end his short stint on that note and be remembered as the leader who was unable to command the necessary numbers for a constitutional amendment.

For that, he would not risk making amendments to the constitution to support his two bills.

Both laws 'ultra vires' of constitution

The arguments for constitutional amendments are compelling.

Sabah Justices of the Peace Council has argued strongly for constitutional amendments, or the bills could be deemed ultra vires to the constitution.

Take the JAC bill.

According to the federal constitution, a person is appointed a judge by the Agong, who acts on the advice of the prime minister and after consulting the Conference of Rulers.

Before tendering such advice, the prime minister is required to consult the head of the respective courts - either the chief judge of Malaya, the chief judge of Sabah and Sarawak or the chief justice.

The main task of JAC - which comprises a nine-member panel of top judges and eminent individuals - is to make recommendations to the PM on the candidates to be appointed as judges.

Backers of the law may argue that JAC is nevertheless chaired by the chief justice and other top judicial members.

Thus by extension, the PM is meeting his constitutional duties by consulting the "head of the respective courts" given that they are all members of JAC.

This is a disingenuous argument as one could easily point out that consulting a minister is very different from consulting the cabinet.

AG has full control over all prosecutions

The same is true with MACC, where the constitution stipulates that the attorney-general has legal control over all prosecutions.

As all prosecutions must be approved by the AG - and these include complaints of corruption - MACC will have a hard time getting the green light from the government's top legal officer.

In order to give MACC a veneer of independence without having to change the constitution, the bill states that the AG is “delegating” all powers administratively to the commission.

Understandably, this is not good enough to satisfy the bill’s critics.

Abdullah sought to put a positive spin on the issue hours after the two bills were passed by Parliament.

"We have managed to take an approach to pass the bills without having to amend the federal constitution. This is our strength and the BN MPs have given their full support," he said.

Wrong.

It was BN’s weakness that Abdullah had to junk the idea of changing the constitution. Because of our risk-averse PM, Malaysians are now left with two imperfect laws.

- Malaysiakini
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 Author| Post time 26-12-2008 08:17 AM | Show all posts

A pair

MACC and JAC bills passed without Constitutional amendments.

        Without constitutional amendments, how would MACC and JAC bills to be applied fairly?  Like the pair of shoes, that missed the target, this pair of Acts are likely to be red herring.  The Government since GE 2004 albeit illegal but with a two third majority could have done some of the important acts.  So justice and public interest would be the corner stones for any disputes before the Courts.
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 Author| Post time 4-1-2009 07:40 PM | Show all posts

first casualty

Graft cases against big guns lodged to test MACC
Hafiz Yatim | Jan 2, 09 1:10pm

PKR has today lodged a report relating to a slew of cases involving top politicians to test the newly-minted Malaysian Anti-Corruption Agency (MACC).

http://www.malaysiakini.com/news/95699


Party supreme council member Badrul Hisham Shaharin submitted a stack of documents containing 60 pages to MACC's assistant investigation officer Hasrul Shahrin Abdul Yazid at the commission's headquarters in Putrajaya this morning.

This includes past corruption cases involving ministers which had not been prosecuted, money politics in Umno and allegations of corruption against present and past government officers.

According to Badrul Hisham, among the cases in his report were those involving former Malacca chief minister Abdul Rahim Thamby Chik and former International Trade and Industry Minister Rafidah Aziz.

"The report lodged today covers three areas - old cases where there is strong evidence of prosecution but no action taken, money politics in Umno and also present and past government officers alleged to be involved in corrupt practices," he said.

MACC, created as of yesterday, replaces the much-criticised Anti-Corruption Agency, and is being promoted as having more independence and greater accountability.

However, critics say that the new commission will also be toothless unless it is given unrestricted power to prosecute corruption cases - currently the responsibility of the attorney-general.

"The people are waiting to see if the MACC will act in the interests of the people or if the changes are just cosmetic," Badrul said.

"This is a test of the MACC to see if there is real reform and improvement or whether it is just rhetoric to get a bigger budget than the former ACA, but providing the same results in not being able to take action against big fish."

Badrul Hisham was accompanied by Paroi assemblyperson Mohd Tawfek Abdul Ghani when meeting with MACC officers.

Strong evidence against Rafidah

According to Badrul Hisham, there was strong evidence in both the Rafidah and Abdul Rahim cases, linking the two politicians to corruption.

Despite this, the Anti-Corruption Agency - whose tasks and functions are now taken over by MACC - could not press charges against the duo due to political interference.

Badrul Hisham showed a copy of the ACA investigating paper on Rafidah to prove his point.

In it, ACA stated, "We recommend prosecution to be taken as there is a strong prima facie case against the minister (Rafidah) and there are also four preferred charges made. However, we could not take action due to strong hands (interference) above the attorney-general."

"The matter involving Abdul Rahim also pertains to corruption allegations where there is also strong evidence but he was again never prosecuted," he said.

Badrul Hisham said if Prime Minister Abdullah Ahmad Badawi was sincere in his fight against corruption by enacting the MACC bill, the new commission should take action on all these cases.

"This is test for the commission as it has to convince the public that it is willing to take action against such individuals," he said.

The new commission is an initiative of Abdullah, who is trying to burnish his reform credentials before handing over to his deputy Najib Razak next March.

Najib also target of report

Badrul Hisham said he also lodged reports against Najib and the prime minister himself over money politics.

According to him, some of the documents which he submitted to MACC are still classified, while others have already been declassified, including the ACA reports on Rafidah and Abdul Rahim.

Badrul Hisham stressed that there are many other alleged corruption cases not included in his report today.

When asked how many cases he had lodged, Badrul Hisham said there were “several” but he could not give the exact numbers.

“If the commission failed to react to these, then taxpayers like you and me would be frustrated as our money is being wasted to fulfil the political rhetoric in the war against corruption.

“Is it (MACC) out to get the small fish which would see them prosecuted while the big fish escape as a result of their political connections?" asked Badrul Hisham.
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 Author| Post time 28-1-2009 08:42 AM | Show all posts

Daim's pair of shoes missing

a police report was lodged on the missing pair of shoes of former Finance Minister...
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 Author| Post time 3-2-2009 08:54 AM | Show all posts

one shoe now

Tuesday February 3, 2009
Protester throws shoe at Chinese premier
By Adrian Croft and Daisy Ku
CAMBRIDGE, England (Reuters) - A protester threw a shoe at Chinese Premier Wen Jiabao and called him a dictator as he delivered a speech on the global economy on Monday.


A security guard picks up a shoe that was thrown towards Chinese Premier Wen Jiabao at the University of Cambridge, eastern England February 2, 2009. (REUTERS/Darren Staples)
The shoe missed Wen and landed on the stage about a metre away from him during an address at Cambridge University on the last day of his official visit to Britain.

The protest followed the hurling of shoes by an Iraqi journalist at U.S. President George W. Bush on his farewell visit to Iraq in December.

The protester, who was held by university security guards, blew a whistle and then shouted: "How can the university prostitute itself with this dictator? How can you listen to the lies he is telling? Stand up and protest."

Wen hesitated for a few moments in his speech before continuing. University officials bundled the protester out of the building and guards fanned out across the stage.

After the protest, Wen continued his speech, saying: "We come in peace. This is not going to obstruct China-U.K. friendships. History shows harmony will not be obstructed by any force, so would you let me continue."

A police spokeswoman said officers arrested the man for a public order offence. She gave no more details about him.

A Chinese Foreign Ministry spokesman travelling with Wen condemned the protest.

"Facts have shown that this despicable behaviour of the perpetrator proved extremely unpopular and can in no way stem the tide of the growing friendly relations and co-operation between China and Britain," he said.

About 80 people, both supporters and critics of China, had earlier gathered outside the venue. There was a large police presence in the city and security guards within the building.

A Chinese embassy spokesman said a planned reception with Queen Elizabeth's son Prince Andrew at Buckingham Palace in London had been cancelled due to bad weather. The decision had been taken before the protest, the spokesman added.

Airports in London have been badly disrupted by the worst snow in nearly 20 years, with hundreds of flights cancelled. Wen was due to fly out of the capital on Monday evening.

Groups of anti-China protesters, including pro-Tibet campaigners, have followed the Chinese premier during his visit to Britain.

On Sunday, police arrested five pro-Tibet demonstrators after they broke through police lines as Wen arrived at the Chinese embassy in London.

Video footage of the shoe-throwing in Baghdad was shown around the world. The protester, journalist Muntazer al-Zaidi who works for independent al-Baghdadiya television, shouted: "This is a goodbye kiss from the Iraqi people, dog."

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 Author| Post time 22-2-2009 12:48 AM | Show all posts

MACC

MACC is a old body in new shirt as it is scared to receive my
recent report...
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