Malik Imtiaz reports on what happened at the Putrajaya Federal Court last week...

Counsel Malik Imtiaz on RPK Habeas Corpus Appeal

PART 1


PART 2


The legalistic charade continues tomorrow. But let's pray that there are still enough honest judges left in the Malaysian judiciary to halt the march of unmitigated evil. Justice demands that RPK be free to speak his truth and defend his writings in an open court.

See you at the Federal Court Monday, 23 Feb 2009!

[Video courtesy of Pahlawan Volunteers, posted on 18 February 2009]

KEEPING THE FAITH ~ Malik Imtiaz Sarwar

Keeping The Faith

By Malik Imtiaz Sarwar

Over the weekend, the blogosphere was filled to the brim with posts and comments concerning Justice Syed Ahmad Helmy’s decision to release Raja Petra.

Many expressed surprise at the Judge having had the fortitude to rule as he did, going against the grain not being the easiest of options. Some were unfeelingly dismissive of the decision and its significance to Petra and his family, and to society as a whole. One of the theories advanced was that the decision to release Petra was engineered by Prime Minister Abdullah Badawi as part of a campaign of political maneuvering against Deputy Prime Minister Najib Razak. Others cynically suggested that it was typical of the lawyers involved, myself included, to have made self-servingly positive statements concerning the Judge and the decision as we had won the case.

These comments made me wonder. Have we really been so thoroughly wrung that all hope and optimism have been bled from us? Are we so broken that we are incapable of appreciating the tiny and not so tiny miracles that happen in our lives every day?

Last Friday, as the first sob of joy escaped captivity in a courtroom that had been stilled by uncertainty, as the first tears of redemption rolled down cheeks that had been numbed by countless disappointments, I was reminded again that it is our collective faith in what is right that has consistently forged the way forward. As the cheers erupted from the many Malaysian throats present, and the Judge attempted to restore order, I understood that as our ties together as a community have strengthened so too has that faith. I saw, as Alice Walker pointed out recently to Barack Obama, it is we who we have been waiting for.

It does not matter what those who scoff say, justice was done last Friday.

No matter what we call it or how we dress it up, detention without trial is cruel. Stripped of everything, a human being has only his or her dignity and conscience. It is to these most fundamental of elements that the right to fair trial and the presumption of innocence speak. It is these elements that preventive detention aims to destroy. They are torn apart in the same way that the lives of those detained and their families are.

The due process of law ensures that the number of people who get shut away erroneously is small. A person charged with a crime in this country has at least two tiers of appeal. His conviction would have been scrutinized at least three times by several judges. A person detained without trial is detained with the stroke of a pen wielded by a Minister who is presumed to be objective enough to do what he needs to do in a way that ensures there is no possibility of error.

Where is justice? If the reasoning of the Minister is to be accepted, it does not enter the picture.

The Minister contends that detentions are a matter left by the law entirely to his subjective discretion. This means, he reasons, if he decides that an individual is a threat to national security, a court has no option but to accept this as a truth. This being the case, there is no need for the Minister’s conclusion to be justified. Extrapolating this analysis, the Minister is not required to argue that the justice of the case favours continued detention without trial. Justice is as such not a feature of the analysis and injustice an irrelevant consideration.

The Judge obviously felt otherwise. His observation, made in the course of his reasoning, that the law could not be understood as empowering the Minister to arbitrarily detain individuals for reasons that had nothing to do with the statute such as, for instance, simply having red hair, was illuminating.

Was his reasoning correct? I would like to think so. The Judge merely applied the law as framed by the legislature and in doing so gave expression to the intention of the drafters of the law: limiting preventive detention to the kind of exceptional “terror” situations described. The Federal Court may however take a different view, just as it may of the points of submission we made that the Judge disagreed with. We will get to argue these again if an appeal is lodged.

Was I happy that the Judge decided the way he did? I would have been foolish not to be, not least for Petra being reunited with his family. Do I think positively of this Judge? Most certainly for having shown me that it is not audacious for any of us to hope as we do. Would I have been disappointed if we lost? I would have but far less than if the Judge had not given us the excellent hearing he did. As we left court on the day we presented arguments, all of us understood that we had had the hearing that all of us wanted: a fair one.

And to those who suggest that the Judge was influenced, I say this. You do a disservice to yourself and to this nation. Had you been in court, you would have seen as we did a Judge keeping the faith.

[Malik Imtiaz Sarwar was counsel to Raja Petra Kamarudin. He is the current President of the National Human Rights Society and maintains a blog called Disquiet.]

Martin Jalleh reports from the Shah Alam High Court

CHANGE HAS COME TO MALAYSIA

SHAH ALAM HIGH COURT, 7 NOV 2008 (approx 9:40AM): It was a very moving moment in time – one which your memory will forever hold and behold. I had thought that we only get to see this in a Disney movie. But it was happening right in a courtroom in Bolehland today.

The packed courtroom of Raja Petra (RPK) supporters could not contain their joy. They clapped and burst out into cries of excitement and elation even before Justice Syed Ahmad Helmy Syed Ahmad could finish delivering his judgment.

They were gently reprimanded by the judge that they were in a Court of Law. But for some it was impossible to be silent. You can’t be restrained when it is such a great and glorious victory! And so they whispered: “We have won! We have won! RPK is free!”

The judge ruled that the detention of RPK under the ISA was illegal (unconstitutional) and ordered his immediate release. The court found the (Home) minister had not followed proper procedure under Section 8 of the ISA.

As the judge left for his chambers, everyone sprung up... some with their clenched fists raised high in the air – speechless. Others grabbed the nearest person available to express their elation whether it be a stranger, supporter or Special Branch.

“Yes, yes, yes!” proclaimed Angela from Seremban who has attended every RPK-related court case with her son. Yes, justice is done; yes, the truth always wins; yes, let us continue the good fight!

“God bless the judge... What a brave judge! I hope nothing will happen to him and they won’t transfer him elsewhere...” a man who identified himself as Lim declared to his friends.

A visibly moved Ignatius Gomez, who was present with his wife and daughter to “lend our voices and presence to any movement that works towards the abolishment of the ‘barbaric’ ISA” proclaimed loudly: “Justice has prevailed!”

A brave woman

Marina was moved to tears. She hugged their two daughters, Suraya and Sarah – who have been her sturdy support and who have kept a very brave smile for their mother in the long struggle for their father’s freedom.

Without any hesitation Marina reached out next in deep appreciation to RPK’s lawyers – a team of young, dedicated, daring, diligent and determined attorneys who, time and again, won the admiration and acknowledgement of everyone. Lead lawyer Malik Imtiaz Sarwar’s brilliance and humility in court will remain etched in the memory of many.

In fact, the team, together with other lawyers who had come to show their support, adorned in their court attire, and in all their distinguished shapes and sizes, abandoned their stoic and sage-like disposition and spontaneously hugged each other. Alas, lawyers are human too!

Some of the supporters sat still and smiled to themselves. It was a judgment they found too difficult to believe! Or they wanted to relish the moment and watched, enthralled by the unreserved show of emotion of the rest.

The doors of the courtroom swung open. Marina came out of the court and as the sea of people stood behind, she thanked each and everyone who had played an unique and vital role to get her husband free.

Surely each person, for having stood up for justice, served as a tiny “ripple”, that when put together, made up that giant wave of change that no person (definitely not the Home Minister) nor the powers that be could stop.

Fighting back the tears Marina said: “Though I was hopeful, I had not expected the decision. This is a very good sign that our country is changing and I hope that this change will continue...”

“I want to thank the lawyers, the supporters, the bloggers, the reporters... I am so overwhelmed by the decision that I am short of words... Thanks to the judge for his very courageous decision.”

The “celebration” continued on in the court’s foyer. It was only the beginning. The judge had ordered that RPK be brought (from Kamunting) before the court by 4pm, after which he would be released.

Free at last!

It was time for lunch, but none seemed hungry anymore. I followed a group of RPK supporters many of whom I was meeting for the first time. Robert Choo, a retired college lecturer told everyone: “Lunch is on me. Order anything you want. Very rarely do we get such a brave judgment!”

The diversity was amazing. It was a multi-racial group with ages ranging from 16 to 60 years. We were all middle-class. Except for the self-employed, the rest had to take leave to be in court. The group was predominantly women...very vocal ones too!

As I listened intently I realized the conversation was different from the usual. It was not centred on our obsession with food. They spoke about the candlelight vigils in Seremban, PJ and Ipoh. They shared their fears that RPK would be rearrested and what they could do to prevent it!

What made them want to attend the court case? What motivated them to take the risk? Why did they want to exchange a very comfortable and consumeristic existence for an involvement that is often thankless and even looked upon by the majority as being “stupid”?

It was much more than just giving support to RPK. They were angry with the arrogance and abuse of the BN government. They were fed up of being treated like kids and of a government trying to fool all the people all the time.

They expressed their disgust over desperate politicians playing the religious and racial card and gambling the country away. They looked forward to a new government of integrity, credibility and accountability.


They felt that it was time to take a stand, to say and do something, no matter how small or seemingly insignificant... like just by being present in court – even though at times they found it hard to comprehend what was going on!

They realized they were not alone... and their growing solidarity has helped them to soldier on. They spoke of their proud association with Haris Ibrahim, Bernard Khoo and a host of frontline exemplary leaders. They saw in each other a comrade for justice and they displayed an obvious synergy that has freed them from the culture of fear.

Finally, the moment came – the man of the hour appeared... looking tired and even in a daze, still stunned by the court’s decision. As soon as he left the warm embrace of his wife and children, his supporters mobbed and moved him all the way into the courtroom!

Justice Syed Ahmad Helmy ordered RPK to be released. He thanked the lawyers of both sides for their professionalism. The crowd stood in deep respect and reverence as the brave judge left the courtroom.

They garlanded their hero. There was another round of hugs. Some looked up to the heavens in prayerful thanksgiving. Tears flowed freely in celebration of the freedom of one who cared and dared enough to write so that others may be free.

Raja Petra looked as though he was “holding court” on the front steps of the Shah Alam Court. No fetters could extinguish the fire and fervour in the man. It fact, it had fanned the flame in him: “"We have to fight all-out and get the ISA abolished!"


The peerless Patriot and Prince was fittingly driven away in a red Rolls Royce. As his supporters parted, it was obvious that they were not going to rest on their laurels. They were already talking of meeting in the candlelight vigils in Seremban and PJ.

It was truly a historic day of hugs, heart and hope. In contrast to the cavalier attitude of Syed Hamid in the recent ISA arrests, there was the calibre and courage of Syed Ahmad Helmy, a glimmer of hope in the judiciary.

Compared to the arrogance of the Umno-dominated government which believes that might is right, there was the humility of ordinary citizens who achieved the extraordinary in their multi-racial solidarity!

The Home Minister wants to appeal the judge’s decision – which he claims he respects! We understand. Umno’s internal security is threatened and it is rapidly losing its appeal. Further Syed Hamid wants to be very "appealing" - he is standing in the coming Umno elections.

Former de facto Law Minister Zaid Ibrahim has said that Umno cannot change. And as can be seen from last night’s Anti-ISA gathering when the “uncivilized” police ran riot in the Petaling Jaya Civic Centre, the Police cannot change. They will continue to be arrogant.

Our hope for change lies in the rakyat. The people’s involvement in the process that resulted in RPK being free confirms this.

Martin Jalleh
10 November 2008



[Images courtesy of Malaysiakini & Zorro Unmasked]

HERO'S HOMECOMING

(Courtesy of Bodohland)

(From The Star Online, 7 Nov 2008)

(From Malaysiakini.tv)

(From Malaysiakini. Click on image to enlarge!)

"Dengan serta merta..." I like the sound of that! (A decent human being in judge's robes :-)

Yaaaaaay! Daddy's back!

HE'S BREAKING OUT!!!

(From Malaysiakini. Click on image to enlarge)

BRAVO, MALIK IMTIAZ, J. CHANDRA, ASHOK KANDIAH, AZHAR HARUN, SREEKANT PILLAI & TEAM... THANK YOU, JUDGE HELMY... WELL DONE, RAKYAT!!!