My thought My World

As planned earlier, today went to the Putrajaya Federal Court to hear RPK’s case where the Home Minister SHIT HAM appeal against the Shah Alam High court’s decision to set RPK free.

At 9am, the court room was fulled with people, mainly RPK’s supporters. Around 9.20am Penang Chief Minister Lim Guan Eng arrived. I managed to shake his hand outside the room when he arrived, he saw my shirt I AM WITH RPK straight away he shake my hand! Inside the court room, the benches were limited, i mean very limited. Earlier the police said seats were limited so if those who didn’t have a seat then couldn’t sit in la, but when CM Lim guan eng arrives, along with YB Ronnie Liu, those police just went around scrambling for bench. Even the benches at the dock was taken out for the people, still LGE wouldn’t sit as he’s here for a while before he heads back to Parliament. (Those police’s attitude is there for all to see, when it was normal people, they just don’t care, but when it was YB ah, was scrambling around also have to find a seat for them even though the YBs didn’t asked for it) Almost 100 people squeeze inside the court room, maybe 10 were journalist, Malaysian Insider journalist sits beside me. Oh even Jelutong MP Jeff Ooi shows up to support RPK. Raja Petra didn’t come today as his presence was not required, but no matter what the supporters remained.

Hearing begins at 9.45am with Manoharan’s case. There’s slight confusion as to his appeal whether it was the second or third appeal. The first habeas corpus was filed at 19/12/07, and the second appeal was filed after Manoharan was elected as the ADUN for Kota Alam Shah. The three Judges question whether the second appeal and the third appeal was filed on the same grounds, that Manoharan as the Home Minister sees him as a threat to national security, but the people elects him as their ADUN. so he cannot be seen as a threat to national security. At 11 am, the three Judges UNANIMOUSLY DISMISSED Manoharan’s case because this third appeal is based on the second appeal’s ground, therefore his case was DISMISSED. I ddn’t know how/when/why the second appeal was dismissed, to me the reason given was valid. The people elects Manoharan as their assemblyman, so how can he be viewed as a threat when the people have put trust on him?

Before RPK’s case begin, Judge Augustine Paul recuse himself from the hearing for the application to recuse him from the case. For a moment, i thought there’s hope, but it went all the way down from here. Justice Datuk Nik Hashim Nik Ab Rahman ordered the hearing for the application to recuse Augustine Paul, and this was objected by RPK’s counsel Malik Imtiaz . He argued that a court with only two Judges cannot proceed with the hearing. At this point, many wonders what will happen if one judge said yes and the other said no. How can a two judge bench make decision??? However, Nik Hashim argued that since the hearing has started the court can continued with the remaining judges. Again, arguments here. Judge Augustine Paul recuse himself before the hearing start not after, i heard it myself clearly. Arguments after arguments and Malik called it unconstitutional and its decision can be reviewed. In the end, Nik Hashim read the UNANIMOUS decision by the remaining two judges that the court continues for the hearing.

The proceeding continues with Malik gives details as to why Judge Augustine Paul can be recuse from hearing the case. From the days when Anwar Ibrahim was brought down, RPK was critical of Augustine and once called him slimeballs and accused him lacking of integrity. This was reasons given by Malik as he said from the third party point of view, Augustine might be bias against RPK. Further more, in 2001 Augustine had DISMISSED RPK’s habeas corpus and have the view that RPK is a threat to national security, this also might be bias against RPK. It was a long hearing, and Malik was giving one after another including the Judges Code of Ethic and conclude that there was real danger of bias. At this point, the Judge Nik Hashim seems restless and uneasy, trying to break down Malik’s every attempt. I don’t know how best to describe it, from my point of view, the Judge was bias as he seems to have the answer before it started which was why he’s trying to break down Malik. The court adjourned to 1.30pm for the decision on the application to recuse Augustine Paul.

Quickly ran down to the cafeteria, time was limited and many people will rush there for lunch. The price of the food was quite cheap, but too many people!!! Many of RPK’s supporters were still around, some just arrived or were late in the morning and waiting at the cafeteria.

1.30 pm, Judge Nik Hashim read the decision, again, UNANIMOUS decision to DISMISS the application to recuse Judge Augustine Paul. Felt like wants throw my shoe at him now, have to cool myself down, it was expected anyway. Upon this, Malik Imtiaz moved three motions. The first is to have 5 or 7 Judges bench. Judge Augustine Paul who came in earlier questioned whether they have the power to decide for more Judges. The motion was DISMISSED in an UNANIMOUS decision.

Then, second counsel Azhar continues with the 2nd and 3rd motion. The second is to strike out the appeal based on the fact that RPK was released from 07 Nov 08 until today, and there was no threat by him to the national security whatsoever. The Home Minister signed for RPK’s detention to run for 2 years, this means he is viewed as a threat for two years, yet until now, RPK has prove the other way round. Judge Augustine Paul said “You must first understand the ISA” and Judge Nik Hashim continues “He was detained for something he has done”. (felt like want to throw shoe again) Azhar replied “NO!!! ISA was a preventive law, he was detained because he was viewed by the Home Minister as a threat to national security not because of something he has done”, to this, all the Judges were speechless. Seems like they don’t know ISA very well. But again, the Judges gave a UNANIMOUS decision to DISMISS the motion. No reason given, nothing. All in the courtroom just couldn’t understand why the motion was thrown out.

The third motion was about the article written by RPK Lets send Altantuya murderers to hell, of which this form the basic of sedition trial against RPK and also one of the reasons for his detention under the ISA. How can someone be charged twice for the same thing??? Last week at the PJ court, Supt Gan testified that he didn’t made a full investigation on Altantuya’s murder case. This again open to arguments whether the article written was true or false. But again, the Judges came to a UNANIMOUS decision to DISMISS the motion. Again no reason was given, we knew nothing as to why and how the Judge came to that decision.

The Judge set next Monday 23/2/09 9.30 am to continue hearing and made decision.

By this time, many were disappointed with the proceeding. From morning till now, all we heard is UNANIMOUS DECISION TO DISMISS. This is not the palace of justice, but more like The Grave of Justice. I have today seen how justice was killed again and again and again, so many times that it horrifies me. The question now is, how many lives do the justice have? Could Monday be The Day The Justice Die? I hope i won’t have to use this as the title for next Monday. Until then, keep praying for divine intervention. This might be the only hope we have now.

(As said in my earlier post, no pictures until i get a new camera. Btw, i should be kaki ayam now)