This article first appeared in Forum, The Edge Malaysia Weekly on November 14, - November 20,
Malaysia’s Federal Constitution is the supreme law of the federation, so much so that any inconsistent law is void to the extent of the inconsistency. It is thus interesting that all the members of the Reid Commission, the commission responsible for drafting the constitution, are foreigners. The commission was led by Lord Reid, after whom the commission was named; Sir William McKell, former governor-general of Australia; Justice B Malik, former chief justice of the Allahabad High Court in India; Justice Abdul Hamid, Pakistan High Court judge and secretary to the law ministry in West Pakistan; and Sir Ivor Jennings, former King’s Counsel and Cambridge University vice-chancellor and author.
These non-Malayan drafters were arguably in the best position to draft our constitution on the basis of impartiality. All members had legal training and experience in Commonwealth parliamentary traditions and constitutions, derived largely from English constitutionalism. The experience, personality and belief systems of the members of the commission no doubt played a huge part in determining th
KUALA LUMPUR: Nine years on, political analyst Abdul Razak Baginda still does not know the motive for his lover Altantuya Shaariibuu’s murder but noted that many people have inexplicably died in police custody.
Abdul Razak was acquitted of abetting in her murder, but two police commandos have been found guilty by the Federal Court after a final round of appeal this month.
“Only the two policemen know. Rogue police do kill people, like in so many remand cases,” the political analyst told The Malaysian Insider when asked what, in his opinion, was the motive for the murder.
The two are former special action unit personnel Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar but the motive for the murder was never established. The Federal Court, however, ruled that circumstantial evidence sufficed for it to send the two to the gallows.
Azilah is on Death Row while Sirul is in Australia. Malaysian authorities have applied to have him extradited.
Speaking to The Malaysian Insider recently, Abdul Razak said speculation on the case had gone to the point of being extremely ridiculous.
“The situation has become quite ridiculous in terms of the speculations. I
KUALA LUMPUR (Aug 25): The trial of Hydroshoppe Sdn Bhd director Datuk Abdul Hamid Shaikh Abdul Razak Shaikh, who was charged in April for allegedly offering a bribe of RM, per year over 15 years for the benefit of then communications and multimedia minister Tan Sri Annuar Musa in relation to the KL tower concession takeover, will continue.
The trial will proceed as planned following the dismissal of Abdul Hamid's striking out application by the Sessions Court on Friday (Aug 25).
Sessions Court judge Suzana Hussain, in her decision after hearing brief submissions from counsel Amer Hamzah Arshad and deputy public prosecutor Mahadi Abdul Jumaat, dismissed the preliminary objection made by the defence as to the charge against Abdul Hamid.
“After hearing oral submissions and the authorities cited, this court has decided to dismiss the preliminary objection by the defence,” she said.
She then fixed Sept 12 as case management for the handover of documents.
Abdul Hamid, 49, who was also represented by Chethan Jethwani and Joshua Tay, had on May 31 filed an application to strike out the charge on the grounds that it is flawed and unfounded, as it did not meet the re
This article first appeared in The Edge Malaysia Weekly on December 7, - December 13,
IN , when the Shah Alam High Court found two elite police Special Action unit (UTK) personnel guilty of the murder of Mongolian translator Altantuya Shaariibuu three years earlier, it was deemed a murder without a motive.
In a page written judgment, Shah Alam High Court trial judge Datuk Mohd Zaki Md Yasin wrote: “Whatever the motive was, it is a matter of law that the motive, although relevant, has never been essential to constitute murder.”
Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were convicted and sentenced to death but this was overturned by the Court of Appeal when it ruled in that the non-calling of Deputy Superintendent Musa Safri — then aide de camp to former prime minister Datuk Seri Najib Razak — was fatal to the prosecution’s case.
However, in early , the appellate court’s decision was reversed by the Federal Court, which upheld the High Court’s decision.
Since , Altantuya’s murder has grabbed headlines in the local and foreign media given the cruel and grisly way in which she was killed and the individuals alleged to be behind the heinous crime.
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