Breaking News in Malaysia!!!

2 very interesting pieces of news today...

ITEM 1

Court frees Raja Petra (Update 2)

Friday, 07 November 2008 14:14

By M. MAGESWARI in The Star SHAH ALAM: Malaysia Today editor Raja Petra Raja Kamarudin succeeded in his bid to obtain a release order from his two-year detention under the Internal Security Act (ISA). High Court judge Justice Syed Ahmad Helmy Syed Ahmad allowed the blogger’s habeas corpus application on Friday. Justice Syed Ahmad also ordered for Raja Petra to be brought to the Shah Alam High Court before 4pm Friday for his immediate release. Upon hearing the court decision, the crowd seated at the packed public gallery clapped and cheered. This prompted the judge to tell the crowd that “this is a court of law”, which caused the court to be silent, albeit briefly. The court erupted again with claps and shouts from the public gallery when the judge said that Raja Petra had to be brought to the court for his release on the same day. At the outset of court proceedings, Justice Syed Ahmad ruled that the grounds for the detention order by Home Minister Datuk Seri Syed Hamid Albar for the blogger did not fall under the scope of Section 8(1) of the ISA. Therefore, the judge said the Sept 22 detention order was unlawful. Raja Petra was detained on Sept 12 on the grounds that he had intentionally and recklessly published articles which were critical and insulted Muslims, the purity of Islam and the personality of Prophet Muhammad. It was said to have caused anxiety and anger among Muslims in the country. He had also allegedly published defamatory articles concerning national leaders which could affect public order and prejudice national security. He was said to have published the said articles in the Malaysia Today news portal between Jan 16 and Sept 12 this year. The Home Minister was named as the sole respondent in the application. Raja Petra was taken to the Kamunting detention camp on Sept 23. The minister had issued the order against the blogger under Section 8 of the same Act. However, the judge said Section 8 of the same Act is constitutional as it falls within the ambit of the Article 149 of the Federal Constitution. (Article 149 is regarding actions to be taken against anyone who participates in any activities which could pose a threat to national security even if it violates their fundamental liberties). “I find that there is no merit by the counsel’s argument that Section 8 is unconstitutional as it does not fall under Article 149,” he said. “Section 8 can only be reviewed under procedural non-compliance as provided under Section 8B(1) of the same Act,” he added. On lead counsel Malik Imtiaz Sarwar’s argument that the order was mala fide (in bad faith), Justice Syed Ahmad said: “Mala fide is not procedural non-compliance under the ISA,” he said. The judge said the court only has the power for judicial review for matters which violated the procedures under the ISA. The judge also commented that the ISA was promulgated not only to counter communism or subversive activities but also to halt any activities which caused a threat to national security. Outside the court later, Raja Petra’s wife Marina Lee Abdullah said she was very happy with his impending release. “I am glad that everything turned out well as I had hoped. It is a fantastic breakthrough. “I hope there will be a change in the country,” said Marina, who was accompanied by daughters Sarah, 19, and Suraya, 34.

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ITEM 2

Rulers Can Reject Govt Advice

2008-11-07 13:59

KUCHING: The Rulers shall not agree with advice given by government leaders which goes against the spirit of the constitution, rule of law and universal principles of justice, the Raja Muda of Perak Raja Nazrin Shah said Thursday (6 Nov) night.

"Generally, the Rulers act based on the advice by government leaders elected by the people. Nevertheless, the Rulers cannot accede to acts which do not symbolise justice or sanction moves which do not mirror truth.

"The Rulers' views, observation and counsel in the administrative affairs of the country touching on the question of integrity which encompasses justice, law, judiciary, misappropriation, power abuse, corruption and wealth distribution, are with the desire to strengthing the government so that it is stable and receives people's trust," he said at a dinner in conjunction with the National Integrity Day here.

To ensure the Rulers' integrity is not questioned and the throne remains respected, Raja Nazrin said, the Rulers shall always be intelligent and wise, master knowledge, understand the surroundings and changes, and possess a group of advisers comprising experts and people knowledgeable in the relevant fields.

"This will enable the Rulers fulfil their roles with integrity and make the smart, accurate, just and fair decisions," he said.

Present were Sarawak Chief Minister Tan Sri Abdul Taib Mahmud and Chief Justice Tan Sri Zaki Tun Azmi.

Raja Nazrin said the Rulers are part of national institutions whose role is to strengthen the democratic system by carrying out the check and balance responsibility and the function as an independent tribunal for the legislative, executive and judiciary branches.

As a source of reference should a crisis occurs, he said, the Rulers function as the balancing mechanism which safeguards national stability, protects people's wellbeing, ensures justice, enhances the government's integrity and strengthens the democratic practice in the country.

"The Rulers have a role as the pillar of stability -- source of justice, thrust of unity -- hence enhancing the level of people's confidence in the systems of governance and society based on democratic practices, rooted on the doctrine of separation of powers.

"The Rulers have constitutional responsibilities and the responsibilities need to be carried out intelligently so that it can help build a high-integrity country," he said.

Raja Nazrin said the institution of Rulers shall have the role and function to productively and constructively contribute to the nation.

"The Rulers reside at a special position, have the opportunity to give smart views to influence and determine the direction of the nation positively and constructively through counsel, encouragement, persuasion, reminder and admonition," he said.

To strengthen integrity practice, Raja Nazrin said, the Rulers shall hold consultations and negotiations, gather opinions and be open minded to assess each advice rationally, objectively and fairly. (Bernama)

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