Port Klang ruling: Whither separation of powers?
Why bother even having a speaker if practically any judge can at will assume that function and override any decisions of the Dewan?
Port Klang seat not vacant, rules court
Simon Lee 3ed5: Under the rules of the state assembly, any member who is absent (6 months!) for meetings, without the approval of the speaker, could have his or her seat declared vacant - whether he is on MC or not.
Only the speaker has the power to declare a seat vacant. So whatever happened to the fundamental doctrine of the separation of powers?
Md Imraz Ikhbal: The Perak constitution explicitly states that, "The validity of any proceedings or any decisions thereto shall not be questioned by any court of law".
This matter is therefore off limits to the courts in so far as discretion over the matter is concerned. As to the interpretation, the court may at best serve to interpret any ambiguous provisions of the constitution.
If Badrul was indeed absent for six weeks without leave having been granted by the speaker who has the sole discretion over the matter, then on what lawful premise can the speaker's declaration of the seat vacancy be set aside?
Why bother even having a speaker of the assembly if practically any judge of sub-level qualification can at will assume that function and practically override any decisions of the Dewan?
Wong Jiang Fung: This is a sad case for Malaysia, where the judiciary has for the third time infringed upon the legislative's decision on seat vacancies, on behalf of Umno. The first two cases happened in Perak and Kedah.
Even more sad is that most Malaysians don't really understand the principle of separation of powers to feel that this is wrong. They don't know the consequence of it.
Ferdtan: The Malaysian judiciary should come out with an unequivocal judgement - do the courts have the rights to overturn speakers' decisions, either at state or national level?
Our judges are never consistent in this view - always depending on who brings the case before the courts. Umno always wins - that is our perception. We need reforms in judiciary.
Docs: I am willing to bet my last ringgit that if the assemblypersons in question were Pakatan’s, the court’s judgement would have been the opposite.
RCI: Fingerprints dusted, but not lifted
Lim Chong Leong: How can the investigator decide if there were only four indicators on the print without lifting it and magnifying it first? Was he using his naked eye or just a magnifying glass Sherlock Holmes-style to study the print to determine how many identification marks there were?
Ong: The logical procedure to put on record that the prints lacked sufficient “characteristics” would have been to lift those fingerprints and file them.
Foo: From the inquest to RCI, this much can be said about police investigation if there is any KPI to speak of - slipshod, half-hearted, grossly incompetent, unprofessional, no urgency, but worst of all, solving a crime seems to be the least of its priority!
2cts Worth: It raises suspicions that the prints were not lifted because of one 'expert', but the suspicion is heightened when those prints were wiped clean The least he could have done was to leave them for others to investigate.
Perhaps that guy wants a 'MACC is clean' decision. Alas, to no avail because MACC is now not only unclean, but is haunted by a restless spirit
Sick Negara: Even an idiot would know that for such an important evidence as fingerprints, you would lift it any way to see if it is of relevance or useable later on.
Paul Warren: Very convenient isn't it? Is it his call? By doing what he did, he has caused evidence to be erased for eternity. And everyone, including the coroner are supposed to accept his excuse for not capturing the evidence which he could?
At the very least it could have eliminated Teoh’s prints. By doing what he did he has abetted in covering up for what has happened.
Jefferson76: He was probably given instructions not to lift the prints lest they incriminate certain people.
Lame excuse denying S'gor auxiliary police, says Pua
Amigo2010: A stupid excuse for a person holding such an important position as a home minister. Perhaps he is spending more time in his cosy home, therefore, feels that the crime rate is down.
R Subramaniam: A month ago a snatch thief grabbed my wife's gold chain just in front of the crowd while crossing the road opposite to Pan Pacific Hotel, KL.
A week ago my brother's house in Rawang was entered by two robbers with long parang in broad day light.
Yesterday, my nephew who stays with his college mates somewhere near Semenyih lost their four laptops from their rooms within a short span of time when they were out for dinner.
If you talk to anyone on the street, they will share their 'horror' story of being a victim of a snatch thief or having been robbed in public.
Yet our minister dares to say crime has declined significantly? What a joke. Our country is becoming unsafe for living and very soon each one of us will need to hire personal bodyguards to walk in public.
Geronimo: Since there is no such provision in the federal constitution, Khalid should proceed to organise the state auxiliary police force, but make it multi-racial. If Hishammuddin wants to make noise, then we will see him in court.
Believe it or not, I am staying only a few metres away from the police headquarters in Cheras, and yet my housing estate had to implement its own G&G. That itself speaks volumes for the faith we have in our police force.
Anonymous222: Looking at the past records of police brutality, the people fear the police as much as the robbers!
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