Barbarians of the judiciary are at the gates of the Attorney-General office to block the 37 charges against Najib

Chief Justice James Thomson started off with thanking the lawyers for their assistance and then effectively apologising for not having the time to discuss their arguments in-depth. Manners maketh the man, as they say. Furthermore, as the second paragraph shows, it wasn’t just the Judge who behaved in a polite manner. The lawyers too were commended for their civility towards one another and how they practised restraint despite being on diametrically opposed camps dealing with a passionate subject matter.This opening statement by the Judge and his description of the behaviour of the lawyers just reeks of class. It is that intangible quality that raises one above the crude and the crass.

To be able to do battle without resorting to lowering oneself to the basest of speech and action.To be able to act with humility even when one holds the highest judicial office in the land. My goodness, how we are lacking such class today. If the powerful are corrupt, can we be surprised if the lowly are too? If the high and mighty behave like thugs, can we be surprised if the hoi polloi do so too?
The key actors were known and available. No sleuths needed here.
Century intellectual and sleuth Hercule Poirot listed an unforgivable sin in his moral code: overlooking the as much as by high-mindedness, has obscured the most obvious of questions. Who got the money?

Abu Talib,13 years of sheer apathy  the determining fact is that everyone, apart from the victim, has a vested interest in silence since the guilt, active or passive, extends beyond the obviously culpable. Governments might inspire

The ebb from outrage to rage, its decline to umbrage, and then a drift to amnesia is the narrative of the 12 months since general Attorney Mohamed Apandi Ali
While taking into account the need to strike an optimal balance between transparency and confidentiality,Directing investigations and making legal views that are consistent with the best practices of accountability, transparency and humanitarianism Abu Talib, who was A-G for 13 years from 1980, said it was obvious that Apandi had gone through the investigation papers for him to give instruction to MACC. “He wants clarifications on certain issues for him to make decisions,” Abu Talib said, adding that the investigation papers appeared incomplete or else he (Apandi) would not have asked MACC for further clarification. Abu Talib said Apandi should be given reasonable time to make a decision after MACC returned the investigation papers to him. -Malaysians wish to see the investigation into 1MDB concluded so that they can move on, Bank Negara governor Zeti Akhtar Aziz said.
“We are not the only investigating authority. There are ongoing (investigations),” Zeti said in an interview with by US-based financial news channel CNBC.
“Everyone wants a conclusion so we can move on, so that the currency better reflects the fundamentals, so we can deal with the economic issues the country is confronted with.”
As for the central bank, which completed its own investigation into 1MDB and on the proposed action to be taken, Zeti said it was currently looking at enforcement of the action it called for against the state-owned fund.
“Now, there is some action taken. When this is final, it will be made known as to the outcome,” she said without elaborating on the action against 1MDB.
The Attorney-General’s Chambers has cleared 1MDB of any wrongdoings.
Bank Negara has proposed that the public prosecutor takes appropriate enforcement action against 1MDB.
MACC submitted three papers
On Oct 9, 2015, the central bank revoked its prior approval for 1MDB to transfer US$1.83 billion (about RM7.5 billion) overseas and instructed 1MDB to repatriate all the cash, which 1MDB claimed it was unable to do so, as the money was either spent or earmarked for debt transfer.
Zeti later said Bank Negara would check on 1MDB’s claim.
The Malaysian Anti-Corruption Commission (MACC) concluded its own investigation into the RM2.6 billion donation that went into Prime Minister Najib Abdul Razak’s private bank accounts and also investigated Finance Ministry subsidiary SRC International Sdn Bhd.
It then submitted three investigation papers to AG’s Chambers, which were returned to the graftbuster for further action.
Emile Durkheim defines law as social fact. Naturally the custom or practice which is acceptable to society in general gets translated in law, and society accepts and implements such law reducing role of the courts as interpreter of law.  Unfortunately in a society like ours, where a microscopic minority is in position to implement the law, it has resulted in more litigation, and  therefore democratization of our society is the only answer to this malaise.

bowing to political masters”

is all an eyewash

Former prime minister Dr Mahathir Mohamad is sceptical whether the MACC’s findings on SRC International and the RM2.6 billion donation received by Prime Minister Najib Abdul Razak will ever be brought to court.
“-geneAttorneyral (Mohamed Apandi Ali) says he would act without fear or favour. But he requires time as the report piles up to his height. How much time?
“Or is the AG to determine whether there is a case for the judges to judge or will he be the judge and dismiss the case as indeed he had done with the Bank Negara report,” Mahathir wrote in his blog post today.
Apandi had last year decided that there would be no further action on Bank Negara’s report on 1MDB.
On Dec 31, MACC announced it had submittedthree investigation papers to the AG, two related to the probe on SRC International and another on the RM2.6 billion.
This is not the first time Mahathir had expressed skepticism on whether Apandi will pursue action on the MACC’s findings.
Apandi has dismissed this as an attempt to applyreverse psychology against him.
He stressed that he would not be pressured and that he would work according to the law

Attorney-General Tan Sri Mohamed Apandi Ali says he will study investigation papers on the RM2.6 billion political donation and SRC International according to the law. – The Malaysian Insider file pic, January 5, 2016.
Mohamad Apandi Ali, a former United Malays National Organization state treasurer before being elevated to public prosecutor and then the judicial bench, was hurriedly drafted to replace the long-serving  Abdul Gani Patail in August just as Gani Patail reportedly was about to file charges against Najib for corruption. Apandi immediately denied that Kevin Morais was working on the case when he was abducted and murdered.The Attorney-General office,For months, Malaysian law enforcement has been wracked with attempts on the part of the Najib government to quell investigations into hundreds of millions of dollars that ended up in the prime minister’s personal account, then disappeared again, and by massive mismanagement of the troubled 1Malaysia Development Bhd. state-backed investment firm Malaysian Anti-Corruption Commission officials have been subjected to what has been called a scorched-earth campaign to discover who, if any of them, has been leaking information on the case. ‘Damage has already been done to his almost non-existent reputation.’read this Needed, intelligent Attorney-General not a first-rate hypocrite

It is said that in their darkest moments, American presidents look up at the image of Abraham Lincoln in the Oval Office and wonder what he would have done in their situation. A truly dark moment faces the nation in the form of the unfolding and unceasing Attorney-General strikes against The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes.

read this So the good name of the Attorney-General’s Chambers damaged is it so?

Cyber security: Need for an overall national cyber strategy

There is substantive evidence in Malaysia of the market power of cable operators, and of the misuse, extortionate pricing or poor quality of service helpless consumers have to suffer when access providers start controlling access to content. This gate keeping power of the access providers creates permanent distortions which even regulation can’t control.
Net neutrality is, of course, a vital part of this basket of consumer rights. The internet is a free and open space that’s becoming a valuable market place on one hand and a forum for free expression/alternate media on the other. Telecom companies, big businesses and politicians are all naturally impacted by the growing power and presence of the net. There is the tendency of all those associated with the net to gain control of it. That, therefore, is the crux of the fight for net neutrality. a big help in evolving a new policy framework for the digital age. Minister see this engagement by activists and citizen – a big help in evolving a new policy framework for the digital age. Last year Malaysians were at the receiving end of dismal, technically inept regulations with the porn ban, the draft encryption policy and the initial consultation proposing a regulatory framework for Over The Top (OTT) applications.Each of these cases triggered an uproar. They also exposed the weakness of  the Minister, and in particular the absence of a legislation to protect consumers when repeated regulations were being challenged and stayed in courts.

A strong, strident debate has started around a set of consumer rights issues, like freedom of expression , quality of service, net neutrality, privacy and so on. A debate that is evolving slowly and surely into a Magna Carta for net and telecom consumers that enshrines the right to quality service, free and fair competition amongst others.
The real danger to a free, fair and open internet is the growing power of telecom companies to ‘cannibalise’ the internet. Net neutrality is ultimately about preventing telcos from misusing their power over the internet. Their desire to differentially ‘rate’ different parts of the net transforms access providers into gatekeepers – thus cannibalising the internet.Telcos want to use data pricing or network management to preferentially provide access to parts of the internet. This creates artificial islands on the net – which in turn, slowly but surely and irreversibly, concentrates commercial power among a few telcos. This is what  User call ‘cannibalisation’ of the internet.Once developed, it is almost impossible to reverse given the finite competition and insuperable entry barriers to it. That is precisely the situation we want to avoid vis-à-vis the internet, where telcos start influencing users and steering them onto parts of the internet where they gain more.

This second consultation  on differential pricing is key because it addresses an important part of net neutrality where it has unchallenged powers of tariff setting.  have, in my response, suggested that zero rating or differential tariffs be permitted if and only if the regulator is satisfied about lack of any direct or indirect financial interest/ quid pro quo.
 a complete ban on zero rating because it is possible and may be necessary that many government mandated sites are indeed accessible to the user, zero-rated or free. But Minister has to test these offerings for any financial benefits/ interests, direct or indirect, that may exist before permitting these. Any competition and predatory pricing implications of such tariffs should be examined by the Competition Commission before being permitted by Minister Any other tariff that involves using network management or differential pricing to parts of the net for commercial interest would be gate keeping and cannibalisation of access to the internet. This needs to be prohibited by regulation.

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