Ex-judge says court failed to use its additional powers in EC case

Source: FMT News

Paragraph 1 of the Courts of Judicature Act 1964 gives judges the additional power to remedy a wrong, especially on fundamental rights enshrined in the Federal Constitution, says Sri Ram. Pic taken from FMT News.

PETALING JAYA: The courts have additional powers to check on illegality and correct any injustice with regard to complaints against the Election Commission (EC) in carrying out the redelineation exercise, a retired judge said.

Gopal Sri Ram said judges could then issue the appropriate order to compel the EC to act in accordance with the law.

“The law is that if the EC acts contrary to the Federal Constitution in the exercise of its powers, then the court can examine the legality of the conduct.

“If there is either illegality in the way in which the power is exercised or any injustice has resulted because of the exercise of its powers, the court can issue the appropriate order to compel the EC to act in accordance with the law,” he told FMT. Read more

DAP: New army camp being built in Hisham’s constituency

Source: Free Malaysia Today

Free Malaysia Today

KUALA LUMPUR: DAP’s Kluang MP Liew Chin Tong today accused Defence Minister Hishammuddin Hussein of lying when he denied that an army camp was being built in his Sembrong constituency in Johor.

Liew said the camp was under construction in Paloh, a state seat within the Sembrong constituency.

“He is clearly lying because there is an army camp being built in his constituency,” he said in response to Hishammuddin’s denial that army camps were being built for political purposes.

Hishammuddin, who is also an Umno vice-president, was quoted yesterday as saying that if the allegation was true, he would have ordered an army camp to be built in Sembrong.

“As the defence minister, I would do a camp in my area first,” he told reporters at the opening of the refurbished Kompleks Mutiara Armada navy camp.  Read more

Class bias and deaths in custody — P Ramasamy

Source: Free Malaysia Today

Free Malaysia Today

Many custodial deaths involve detainees from the lower socio-economic segment of society, says Penang DCM.

By P Ramasamy

There seems to be no political will on the part of the government to address the issue of custodial deaths – deaths that occur even before remand prisoners are brought to trial in court.

Whether there is link between the lack of political will and the social class of those who have died in custody remains to be seen.

However, a cursory examination will reveal that deaths in custody involve those who are in the working class, especially those who are poor and who lack power and family support.

Talk of ensuring justice for remand prisoners and others is empty.

Custodial deaths are not confined to police lock-ups but also take place among remand prisoners in prisons.

Lately, statistics indicate that custodial deaths in prisons have risen.  Read more

Did EC insult Parliament, saying Hansard can’t be believed, ask MPs

Source: Free Malaysia Today

PETALING JAYA: Opposition MPs say that the Election Commission (EC) may have insulted Parliament by rejecting evidence from the Hansard – the official record of parliamentary proceedings – stating the contents “cannot be believed”.

PKR’s R Sivarasa said the law clearly views Hansard publications as an official document of Parliament, with Section 78 of the Evidence Act (EA) 1950 stating that the proceedings of Parliament are proved by the minutes kept in the Hansard.

“Section 81 of the EA provides that copies of the Hansard are presumed to be genuine. This is provided under the law. It is the official document.

“For them to say the document cannot be believed shows they are ignorant of the law,” the Subang MP told FMT.

Sivarasa, who is a lawyer, was referring to the revelation at a press conference today, where DAP legal bureau secretary Michelle Ng Mei Sze said the Johor registrar of electors had rejected a voter objection deeming the Parliament Hansard (official record) as not credible.

She was referring to the objection hearings pertaining to the entry of 949 army personnel and their spouses in the Segamat constituency.

Ng had said the applicant was told by the registrar that the Hansard produced “cannot be believed”.  Read more