Sunday, April 04, 2010


Many writers have written various views about this current issue faced by Matthias Chang, who is a lawyer by profession. If a professional senior lawyer can face these problems, how do you think the ordinary rakyat will face in such a situation when they feel there had been INJUSTICE done.

The independence of the judiciary on many matters have been very questionable and it seems that Malaysians have to live with it until and unless a drastic revamp of the judiciary is undertaken. This can only happen when we CHANGE THIS PRESENT BN GOVERNMENT. Are the rakyat prepared for change?

Look at what happen in Court on Matthias Chang's case (as told by his son,Christopher Chang) :

"THE CHARGE, which was not even read out to him before he was arrested, under the instigation of the Defendant Counsel (who shouted ARREST HIM! ARREST HIM!) and my father was taken into custody. My father did not leave the Court. In the charge it said “thereafter left the Court during the Court Proceedings.” He was still in COURT!! and the judge ORDERED THE POLICE OFFICER “TANGKAP DIA!” “TANGKAP DIA!” “TAHAN DIA!” which literally means ARREST HIM! ARREST HIM! in Malay, echoing the words of the Defendant Counsel. The charge was only prepared after the Judge ordered the police officer in charge to take him into custody and sent to Basement 2 (Police station/lock-up) of the Court Complex." In any event, Justice Noor Azian said, “You can do what you like.” when my father said that his counsels and him have been abused by her the whole morning, and he will complain to the Chief Justice and will now take leave and retire.(translated from Bahasa Melayu).

If you look at the Committal Order, it is in Bahasa Melayu. However, do not worry, as Para 1 in summary is just talking about how the Court finds Matthias Chang in contempt of court under Order 52 1(A) of the Rules of the High Court. Was there a Contempt of Court? Can the presiding Judge decide on this matter? Is is fair for the presiding Judge who is affected to decide?

Former premier, Tun Dr Mahathir Mohamad, who was once Matthias Chang's boss has this to say:

"If a judge feels that a litigant or an accused person has been in contempt of his court, then the judge should get a third party, and another court to determine whether indeed there is a case for contempt or not and to determine the punishment."

If what Matthias Chang claimed that the charge was not read properly and he was still in court where else the charge stated that otherwise is true and as what had actually happened, then a thorough investigation has to be carried out. Malaysians have the right to know whether what had happened to Matthias Chang in Court was proper or not and was there any miscarriage to the process to sought justice. A CCTV review would establish this claim.

The stature of the courts to be fair and just and the continuous perception  of such must be maintained for Malaysians to have comprehensive confidence in seeking recourse. It would probably be wise for the YAA Chief Justice himself to personally investigate the matter for the sole purpose of maintaining the divine perception on the Judiciary of the nation.

The Malaysian Judiciary is in the TEST!!!!

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