Lives are lost but there is no recourse, thanks to diplomatic immunity under the 1961 Vienna Convention on Diplomatic Relations. Hit-and-run victim Tong Kok Wai, 30, died on Christmas Day last year after being hit by an Audi A6 driven by Romanian diplomat Silviu Ionescu, who is yet to stand trial for causing Tong’s death and grevious injuries to two others.
Posted inSelected Judgments
RK Nathan Kena Kantoi
Can a judge who previously presided over a matter then take up the case as counsel after his retirement from the bench? If you don’t know the answer because you recently had a lobotomy, consider the High Court decision of Perbadanan Pembangunan Pulau Pinang v Tropiland Sdn Bhd [2010] 2 CLJ 1061.
Posted inSelected Exhortations
The New York Times: Malaysian Custody Dispute Lost Between Courts
The NY Times has again quoted LoyarBurokker K.Shanmuga in its coverage of the Indira Gandhi custody case where recently a civil court overruled the decision of a syariah court. This latest article reports on her ex-husband’s failed attempt in getting a stay order on that ruling and her plans to contest her children’s conversion.
Posted inTalking about Lawyers
MAKE A DIFFERENCE TODAY – Join The Constitutional Law Committee (Term 2010/2011)
Make a difference today – Join the Constitutional Law Committee (Term 2010/211) and contribute to the MyConstitution campaign! Anyone may join us, everyone has a role to play. Sign up today and do your bit for society. Together we will rock the nation!
Posted inPray For Me
Luang Pu Mee Chai
A meditation on “Luang Pu Mee Chai”, the latest entry in the “faith folder” in the filing cabinet of my mind – a totally environmental-friendly system managed by little mice of a not so organised breed.
Posted inThe Lobby
Lawyers Call for End to Police Abuse of Authority – Bukit Aman, 31 March
Lawyers and concerned citizens gathered at Bukit Aman for a peaceful show of protest against the manhandling and obstructing of lawyers in performing their duties and the blatant abuse of oppressive preventive detention laws which allows for detention without trial.
Posted inThe Lobby
Memorandum of Protest to the IGP on the Police’s Manhandling and Brief Arrest of Lawyer Amer Hamzah Arshad
Memorandum of Protest to the IGP on the Police’s Manhandling and Brief Arrest of Lawyer Amer Hamzah Arshad at the Jalan Duta Court Complex, Bukit Aman, 31 March 2010 Introduction On 25th March 2010, Khaeryll Benjamin Ibrahim@ Benjy was charged for drug possession of 0.24 gram methametphamine under Section 12(2) of the Dangerous Drugs Act […]
Posted inTry Me-lah
Any Law that Goes Against Human Rights Ceases to be Lawful
Elza Irdalynna’s letter about her brother Khaeryll Benjamin Ibrahim @ Benjy’s ordeal – from his impeded access to counsel to his re-arrest under preventive detention laws; where on the same day his lawyer, Amer Hamzah Arshad was manhandled and briefly arrested by the police.
Posted inJudging the Judges
From Judges To Gestapo Type Police: Tyranny of abuse of powers
When powers are abused there is no tyranny like them. The abuse of powers by police is a consequence of the bad example set by judges when they refuse to apply the law as it stands or when they apply double standards in their judgments.
Posted inThe Lobby
Lawyers To Deliver Memorandum of Protest To IGP – 31 March 2010, 12pm
In response to lawyer, Amer Hamzah Arshad being manhadled and briefly arrested by police outside court last week, come Wednesday 31st March at 12pm, lawyers will deliver a Memorandum of Protest to the IGP at Bukit Aman. All are welcome to join in this peaceful protest against police brutality and preventive detention laws.
Posted inSelected Exhortations
The LoyarBurok Interview: That’s One Effing Good Video, Macha!
LoyarBurok caught up with Ezra Zaid, host of “That Effing Show” – home to internet-sensation video “I Am A Macha”. We asked him about how the video came to being; he shares with us the idea behind the music video and the reason behind the “macha” theme.
Posted inGreen-World
PTPTipu dan Sampah Plastik
Ada kena-mengena ke PTPTN dan sampah plastik? Kami di LoyarBurok pun nak tahu; oleh itu kami menampirkan CeritaOrangGilak ini – sempena kempen Earth Hour yang akan berlangsung pada 8.30mlm hari ini. Jangan tak baca!
Posted inOAsli & OAsal
A Raw Deal For Our Indigenous Fellow Citizens
An observation that the government’s proposed land policy for Orang Asli seem to be missing principles such as equality, social justice, reconciliation for past injustices and the right to participation in public life.
Posted inBolehland
You Jump, I Sue: Can voters sue traitors?
For their willful betrayal of trust, is there a cause of action against the turncoats who jumped ship? Considering the principle of estoppel in determining a cause of action for affected voters and the political parties on whose ticket the turncoats were elected as their representatives to sue these traitors.
Posted inTalking about Lawyers
Corruption and the Lawyer
A brief consideration of the devastating consequences a corrupt lawyer can bring upon his client by betraying them and the importance of trust.
Posted inBolehland
Attorney General, The Superman of Malaysia?
Considering the implications of the Attorney General’s wide discretionary powers and why even the humblest citizenry ought to be more vigilant towards any abuse of those powers.
Posted inJudging the Judges
The Monarch Has No Power to Sack Any Member of The Cabinet Exco
The reality is neither the King nor the Sultan has any power to sack the Prime Minister/Menteri Besar or the other cabinet ministers/executive councillors.
Posted inTalking about Lawyers
The Long Call and Reminiscing Legal Practice
A retrospect of a seven year career in law, from long call, practice and activism, to in-house work.
Posted inExpress Yourself
The Discomfort of Getting Off The Fence
Remember what happened when humpty-dumpty sat on the wall? He had a great fall. How much longer will you straddle the fence, bottom comfortably perched, feet almost but not quiet touching ground? What will it take to arouse a person from out of perfunctoriness? – Defenestration? Corruption? Surreptitious alteration of your country’s constitution?
Posted inPray For Me
Is “Politico Islamisation” a Threat to the Muslim Faith? (Part 4)
A cogitation on the politicization of Islam in the country – what spurned its coming to being, it’s manifestation and how it is adversely affecting Malaysia and her citizens, in particular the ordinary Muslim citizen – in 4 parts.