Coroner Azmil and me agrees on one thing i.e. suicide can be comfortably ruled out. If it is not suicide it has to be homicide. Tons of evidence pointed to the likelihood of homicide. Any other would not make sense. No other evidence would suggest anything else. In this aspect, I believe the coroner took a politically right approach. He took the approach to protect himself first. That explains his illogical verdict.
TBH: If I am the coroner.. « rights2write (R2W)
Friday, 7 January 2011
K-point: Whose Servant Is He, Anyway?
K-point: Whose Servant Is He, Anyway?
Pretender Khusrin? @ selangorkini
Experienced practitioner Chan Kok Keong tells us that if your employer does not want you, your employer cannot (or should not) be forced to have you. Sod off.
1. The legal answer to the status of the State Secretary is very simple indeed.
2. Who is the State Secretary? He is an employee of the government. Indeed, he signs off his letters as your obedient servant. In the case of Mohd Khusrin, he wants to work for the Selangor State Government, who will therefore be his employer.
3. The crucial question is this: can he demand or insist that he works for the Selangor Government?
4. In common law, no servant can enforce a contract of employment against his employer. Similarly, in layperson’s terms, can a Filipino domestic helper insist that she wants to work for an employer who does not want her?
5. The State Secretary can be said to be the top civil servant of the State. But he must be acceptable to his employer, the State Government.
6. Let us take another example, say, a public-listed company on the Kuala Lumpur Stock Exchange. Can a CEO be appointed without the approval and consent of the Board of Directors? The answer is clearly NO.
7. Even if the Board delegates the selection to a sub-committee to select the CEO, the final decision to hire rests with the Board, and no one else.
8. In the case of Mohd Khusrin, he says that he has been appointed by the Public Services Commission (PSC).* Although the PSC has all the power to appoint, it still does not follow that the appointment by the PSC cannot be rejected by the Selangor Government.
9. When commenting on the restricted role of the PSC, which he likened to a kind of employment agency, the late Tun Suffian wrote at page 122 of his book "An Introduction To The Constitution Of Malaysia" (2nd ed, Government Printers):
No firm in the private sector will for a moment agree that promotion of their staff be entrusted to the decision of a body independent of the board of directors.
10. Rhetoric aside, no public servant can insist on working for a government which has decided not to employ him. It goes against the grain of common sense. Government cannot be bound contractually to hire a servant whom it distrusts or where there is lack of mutual confidence.
11. What is the function of the PSC in relation to the Selangor Government? The Reid Commission, whose members ultimately were responsible for framing the Federal Constitution suggested a broad principle that government has the right to appointments and terms of employment of its public servants whereas the PSC is responsible for the internal administration of the service as a professional body and disciplinary matters.
12. And it must also be pointed out that the PSC is a Federal Commission whose powers do not extend into the State, in this case Selangor. However, Article 134 of the Federal Constitution says that the Federation may second a civil servant to the State if there is a request by the State.
13. So the next question is whether the Selangor Government made such a request? If not, is the Federal Government over-presumptuous by sending a civil servant to Selangor? If it is the latter, the act would clearly be unconstitutional. And also, clearly, ultra vires. Convention or past practice, if any, must give way to the clear words and language of the Federal Constitution.
14. If at all there is a body which should select the State Secretary, the State Constitution of Selangor already provides that it should be done by the appropriate Service Commission.**
15. Under Article 139 of the Federal Constitution, it may be possible for a State to extend the powers of the PSC to its own State. If this has been done, it can be easily undone by the State Assembly of Selangor passing a law at the next sitting. The legal provision for this is Article 139(3) of the Federal Constitution.
16. Based on the above, an appointment by the PSC is therefore no big deal. It is merely a nomination which, as explained above, can be accepted or rejected by the potential employer. The appointment is not irreversible. He is still a public servant except that the Selangor Government does not want him to be their servant.
17. This is because, ultimately, the one who has the power to appoint or dismiss him is the State Government of Selangor. Whether it is the PSC or the State Service Commission who has the right to nominate him is neither here nor there. It should be reiterated that the Selangor Government is in no way obliged to accept the appointment.
18. If an ordinary worker cannot sue for specific performance, can a civil servant force his employer to engage him?
19. If any legal precedent is needed to buttress the Selangor Government’s stand in rejecting Mohd Khusrin, reference can be made to a judgment of the Federal Court in Government of Malaysia v Rosalind Oh Lee Pek Inn [1973] 1 MLJ 222 by Tun Suffian FJ where he said:
I should add that the contract between a public servant such as the plaintiff and the government is of a very special kind, for as was stated by Ramaswami J. at page 1894 when delivering the judgment of the Indian Supreme Court in Roshan Lal v Union of India: "It is true that the origin of Government service is contractual. There is an offer and acceptance in very case. But once appointed to his post or office the Government servant acquires a status and his rights and obligations are no longer determined by consent of both parties, but by statute or statutory rules which may be framed and altered unilaterally by Government … "
20. The key words are "can be altered unilaterally …" In short, Government cannot be tied down by contract. It must have the right to act in the best interests of the State.
______________________________________
* The PSC was set up after Merdeka. Prior to this, Selangor and other Malay States had their own State Service Commissions. The PSC looks after civil servants for the Federal Government whilst the State Service Commission, as its name suggests, looks after civil servants employed by the State. Although the practice has been accepted previously for the State Secretary to be appointed by the PSC, this has been done with the implied consent of the State Government. Constitutionally, a State Government has the right therefore to reject an appointee who is not appointed by the State Service Commission.
** There are eight public services set out under Article 132 of the Federal Constitution:
(a) the armed forces;
(b) the judicial and legal service;
(c) the general public service of the Federation;
(d) the police force;
(e) the railway service;
(f) the joint public services mentioned in Article 133;
(g) the public service of each State; and
(h) the education service.
Under Article 52 of the Selangor State Constitution, the "appropriate" Commission to appoint the State Secretary is obviously the one in respect of (g), i.e. the public service of each State, unless a joint Federal and State Service Commission has been set up.
Kok Keong runs his own legal practice in Ipoh and only very recently - to his shock, horror and delight - discovered the art of LoyarBurokking.
WHY NOT NOW, NAJIB?
“We cannot prejudge and pronounce something against
someone before proper investigation is done.
In any case, what happened was in 2007,
the question is why (bring it up) now.”
~Rape claim: Let process takes its course, says PM - Malaysiakini
someone before proper investigation is done.
In any case, what happened was in 2007,
the question is why (bring it up) now.”
~Rape claim: Let process takes its course, says PM - Malaysiakini
***************************
Well- I have a better question. Najib :-
I'm curious .... "How is it that you can ask such a silly question?"
I'm truly "awestruck" by your stupidity, Najib ....
Is this what your "1Malaysia" is all about?
You mean to say that we shouldn't seek answers or accountability from you on a member of your cabinet?Well- I have a better question. Najib :-
I'm curious .... "How is it that you can ask such a silly question?"
I'm truly "awestruck" by your stupidity, Najib ....
Is this what your "1Malaysia" is all about?
You mean to say that silence on a rape/murder/ corruption case is good enough for you?
You mean to say that we cannot bring up an issue that has been swept under the carpet?
We cannot highlight a crime that has been alleged?
I have just been accused by Anas Zubedy (yes -the very same one who put the lovely idealistic full-page ads in the papers) so eloquently on Facebook, of wanting
"Najib to sniff up everyone's ass and blame him for everything, he must comment even if your grandma's house got robbed".
This is among the many questions, allegations and scandals (Altantuya, Scorpene, Sukhoi, EuroCopter, Sime Darby, Bakun/Penans, PKFZ, Kugan, Teh Beng Hock, Selvach, Saiful's @$$, police brutality, etc etc etc) that plague your admin.
- This is about RAPE of a poor women on his payroll (possibly paid by taxpayers through allowances).
- This is about the integrity of YOUR Cabinet and GOVERNMENT, NAJIB!!
but YOU sure don't have the the right to ask the wrong question .....
The question ISN'T "Why bring it up now?" as you stupidly put it, BUT -
WHY HASN'T ANYTHING BEEN DONE about it?!!!
Comprende, mi primer ministro?AND, Najib- NOW, is as good a time as ANY to bring it up!!
Any which way- MACC IS LIABLE!!
- All the major online news carried the story about the Coroner Azmil Mustapha Abas decision that ruled out suicide or homicide as the cause of the death of the late Teoh Beng Hock. For a moment I thought Aznil Haji Nawawi, the famous AF compeer made the decision. It really shows how the wisdom of our judges and legal system. It further reinforced the rakyat “disbelief” on the Malaysian legal system.
- I guess I do not have to dwell into the detailsas my previous write-ups has ruled out suicide as there is lack of motives and the forensic assessment does not support it. What is clear is that he died while in the custody of MACC but the coroner failed to point out the obvious. He exited the window where MACC office is located.
- Since the coroner said it is not murder and it is not suicide, I guess we have to conclude that he was hit by a major lightning strike in the early hours of the morning when the sun was rising which went through the 8th floor of Plaza Masalam which later flung him out the window.
CRANKSHAFT: Not Suicide, Not Homicide, Then Accident?
A lot of people are disappointed with the outcome but a bigger number appear to have expected that the MACC would go scot free.
Logically, it is shocking that there could be absolutely no evidence of what had really happened.
In a tight-security place like the office of the Anti-Corruption Commission, it is a little hard to believe that there were no security cameras, no CCTVs that could have shed some light.
My deduction is, those cameras actually spell the truth in over a thousand words and could potentially seal the fate of the MACC and consequently the government.
MORE @~CRANKSHAFT: Not Suicide, Not Homicide, Then Accident?
Thursday, 6 January 2011
A tale of two "Elegant Silences"??
Since the issue erupted last week, Prime Minister Datuk Seri Najib Razak
has not issued a formal statement on the matter.
~In Najib’s silence, priests forced to clarify ‘blunder’
“There seems to be suggestions that Pakiam had relented to the requests
and this is putting him in a bad light. It is not right.
“However, it is true... the damage has already been done.
Many people are very angry that the directive was issued in the first place
and this does will not look good on the government,” he said.
~Fr. Simon Labrooy, In Najib’s silence, priests forced to clarify ‘blunder’
has not issued a formal statement on the matter.
~In Najib’s silence, priests forced to clarify ‘blunder’
“There seems to be suggestions that Pakiam had relented to the requests
and this is putting him in a bad light. It is not right.
“However, it is true... the damage has already been done.
Many people are very angry that the directive was issued in the first place
and this does will not look good on the government,” he said.
~Fr. Simon Labrooy, In Najib’s silence, priests forced to clarify ‘blunder’
"Contacted for an official response today, the office's media advisor
Jalaluddin Bahaudin said: "I don't want to comment on this matter".....
It is understood that no hymns or prayers took place at the event ...."
~X'mas directive: Likely overzealous officers' fault
Jalaluddin Bahaudin said: "I don't want to comment on this matter".....
It is understood that no hymns or prayers took place at the event ...."
~X'mas directive: Likely overzealous officers' fault
She pointed out that she had suggested that guests be entertained by carollers while waiting for the prime minister’s arrival as the latter’s schedule for the day had been packed.“
At no time did I instruct that carols should not be sung or that scriptures should not be read at the function. There was in fact a choral presentation and grace was said,” she said.
~PM’s aide says regrets Christmas ‘request’
At no time did I instruct that carols should not be sung or that scriptures should not be read at the function. There was in fact a choral presentation and grace was said,” she said.
~PM’s aide says regrets Christmas ‘request’
"The programme... included a prayer, welcome message and scripture reading...
many carol hymns were sung," CCM Youth secretary Daniel Chai said in a statement.
Chai also expressed disappointment with church leaders for acting like "ostriches with their heads in the sand" for not taking an active role in clarifying the matter,
which has an impact on nation-building.
"It is not just this issue but a lot of other issues to do with social justice and nation-building which are related to the church. (Church leaders) should not be seen to be apathetic," he said.
~Hymns and prayers at archbishop's Christmas do
many carol hymns were sung," CCM Youth secretary Daniel Chai said in a statement.
Chai also expressed disappointment with church leaders for acting like "ostriches with their heads in the sand" for not taking an active role in clarifying the matter,
which has an impact on nation-building.
"It is not just this issue but a lot of other issues to do with social justice and nation-building which are related to the church. (Church leaders) should not be seen to be apathetic," he said.
~Hymns and prayers at archbishop's Christmas do
"As for the other directives, it is relevant to quote Rev Dr Shastri, general secretary of Council of Churches Malaysia as reported in the Sun on January 2.
He was reported as saying, “... no Christmas carols or prayers were sung and recited during the event and grace before meals were recited before Najib’s arrival.”
Referring to an African Christian group which performed a sequence of dances, Shastri poignantly added “it had no relation to the significance of Christmas."
~Two silences must be broken — Old Catholic
He was reported as saying, “... no Christmas carols or prayers were sung and recited during the event and grace before meals were recited before Najib’s arrival.”
Referring to an African Christian group which performed a sequence of dances, Shastri poignantly added “it had no relation to the significance of Christmas."
~Two silences must be broken — Old Catholic
There has been much "debate" online with regard to the event which was hosted by Archbishop (don prey, prey - "TAN SRI", okay ...) Murphy Pakiam at St. John's Cathedral - okay, granted ... it was at his residence (... was it the parking lot? Never mind).
Many are criticising him for his elegant silence (ala Pak Lah/Rais Yatim/Najib) after the issue was highlighted in the media.
The person who responded was an aide from the PMO - a certain Hardev Kaur - denying that a directive was made.
So she suggested carols be sung "to entertain the guests",
and Daniel Chai said that "many carol hymns were sung".....
But Herman Shastri said, “... no Christmas carols or prayers were sung and recited during the event...."
Never mind that "carols were meant for entertainment" in Hardev's perspective- but the "elegant silence" of "Mr. 1-Malaysia" & Archbishop ("TAN SRI") Murphy Pakiam just isn't good for both parties, when people expect things to come from the "horses' mouth". The conflicting statements from Daniel & Herman gives room for the argument that somebody sure is spinning quite a yarn to protect "somebody" .... and is only making things worse.
(Even if the church pretends that it cannot get involved in politics- it surely must have been aware that the event being 'graced' by graceless VVIPs and all, sure is a socio-political event and not a religious one.
So it would be wise of the church to bear in mind that in politics, "perception is King").
As for me, I'm inclined to wonder if Herman Shastri was misquoted by the media, was mistaken- or possibly, even "smokin' something funny" in revelry at the event (and missed the "show"). ;-)
Anyways- upon inquiring further with a "certain insider" (from another parish), here's what I got (emphasis, mine) ....
"What happened at St John's?
There was a "party" where leaders both government and opposition were invited. It was also a party for foreign dignitaries. There are three components within the Christian Federation of Malaysia--Catholic Church, Council of Churches and NECF. And each component will take turns in hosting. This year just happens to be the Catholic Church.
The programme was scheduled to start at 3pm. The PM said that he would be late and that whatever that needed to be done, should be done first. And so, there was singing and prayers and when the PM came, all was already done. Remember that the party was not intended for the PM alone. Secondly, the locus of the party was the car park. And there was no need to hang crucifixes in a marquee.
How do we read this then?
In a sense, the AB did not comply because there was no reason to comply. What he did was to give the aide a piece of his mind.
What ought to be stressed is how the 1Malaysia government should be sending out such directives! It truly reflects badly on the government.
I am not a fan of the AB, but still, one has to be fair in criticising."
"However, a matter crucial to the maturing of governance is the general election that is soon to come. Our concentration today is to ensure that no matter what--no matter how bad the situation may seem (since it's only the Government words we have), we should encourage people to vote alternative.
Thus far, for Malaysians in general especially in the consideration of "bread and butter" issues, the standard modus operandi has been:
Better the devil you know than the devil you don't.
And the devil you don't has proven itself to be really diabolical in its craving for power and of course stupidity.
Better the devil you know than the devil you don't.
And the devil you don't has proven itself to be really diabolical in its craving for power and of course stupidity.
We need to convince people that the devil we don't know, even (if we) know it is really crap, should be embraced, if only to send a message that our tolerance and acceptance of corrupt practices can only be stomached that much. And no more."
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