JUSTICE NOT A CLOISTERED VIRTUE - REFLECTING ON THE LAW - BY PROF. SHAD SALEEM FARUQI, THE STAR, WEDNESDAY 7 APRIL 2010 PDF Print E-mail
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Wednesday, 07 April 2010 13:07


THE STAR, WEDNESDAY, 7 APRIL 2010, VIEWS, N39


Justice not a cloistered virtue

Reflecting on the law

By SHAD SALEEM FARUQI


Summary convictions are a violation of the twin pillars of natural justice that no person should be a judge in his own cause and that no person should be condemned unheard.

PROMINENT lawyer Matthias Chang was convicted and fined RM20,000 or a month’s jail in lieu by High Court judge Noor Azian Shaari for contempt of court over a breach of contract and defamation case in which he himself was the aggrieved plaintiff.

His vehement protest and refusal to pay the fine landed him in jail for one month where he went on hunger strike to protest against the manner in which he alleges he was treated.



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Last Updated on Wednesday, 07 April 2010 13:20
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UPDATE NO. 9 - DAY SIX PDF Print E-mail
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Tuesday, 06 April 2010 18:17

During my time of incarceration, I have contemplated on the actions I have taken, and after reading the Bible and specifically the Sermon on the Mount, I am more determined than ever to continue my struggle. I invite the Judge, Justice Puan Noor Azian bt Shaari likewise to contemplate on her actions and examine her conduct whether it was becoming or unbecoming of a Judge and whether her conduct in the circumstances was exemplary of a Judge, and the discharge of her duties.

It is said that a good tree bears good fruits, and a bad tree bears bad fruits. Likewise a good Judge bears fruits of humility, compassion, kindness, and justice. And a bad Judge bears fruits of arrogance, conceit, ill-temper and injustice.

It is my belief that humility is a pre-requisite for justice, for without humility, no Judge can be kind and compassionate in dispensing justice.

Till now in the confined environment of Kajang Prison, I see in their eyes, of every officer who has charge of my incarceration, kindness, empathy, decency, and understanding.

Likewise, I find the same kindness and decency in all of the prisoners in my cell block. While they may be prisoners and committed grievous wrong or crime, yet they display such brotherly love and decency that is, to me, most extraordinary. One would have thought in such environment, survival is critical and selfish display would be prominent. On the contrary, the spirit of sharing and looking after each other is so common. How refreshing! Unfortunately, in my one experience before this Judge, I did not see such basic qualities of kindness and decency.

How sad!

How very sad!

But life goes on. And it is my hope that those who are responsible for my incarceration will really examine their motives and behaviour on the 25th of March 2010.

Such ill-will and arrogance that was displayed is beyond me. I can only say at this moment in time that they will the strength of their character to right the wrong that they have done to me.

Finally, I thank all my friends and colleagues who have stood steadfast by me and words can never express my gratitude to my family, my brothers and sisters, my cousins. I thank them for their love and prayers. They have been an inspiration to me.


Matthias Chang
6th April 2010




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UPDATE NO. 8 - DAY FIVE: MICHAEL CHANG: MATTHIAS HAS BEEN TRANSFERRED TO SERDANG HOSPITAL. PDF Print E-mail
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Monday, 05 April 2010 18:25

His brother Michael Chang, has visited Matthias in Serdang Hospital, and has issued this statement: -

"I understand from the Prison Authorities that Matthias has been transferred to Serdang Hospital as they fear for his health."


"Matthias is physically weak but is lucid and still determined to carry on his campaign. He is on a drip and will only drink water."

"I would also like to thank the Pengarah (Director) of Penjara Kajang (Kajang Prison), Tuan Nassif, DSP Basakaran, DSP Mohd Asri and all the prison officers who have extended every courtesy to me and the family."



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DAY FIVE: "TODAY IS MY 5TH DAY ON HUNGER STRIKE ........" PDF Print E-mail
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Monday, 05 April 2010 12:25


"Today is my 5th Day on Hunger Strike ..........."



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THERE APPEAR TO BE COVERT FORCES TARGETING YOU FOR SUPPORT TO PALESTINE FOR MATTERS TO REACH THIS ABYSS PDF Print E-mail
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Sunday, 04 April 2010 18:07

 Dear Matthias ,
 
          The vigil has already been  a long one  .It is not known in any civilized system of jurisprudence for any witness /lawyer to be fined and imprisoned for ' losing cool '.It is manifest that it is the Learned Judge who appears to have  been an instrument of political forces . All of us watching developments  now increasingly feel  that there are forces operating who would like to silence your voice on financial and economic policy the world over and in Malaysia, as yours has been a reasoned and truthful voice analytical in  every way on the Banking and Financial systems striding the world , the havoc caused by the deliberate usurpation of the income and savings of millions of people ,  responsible for the global financial distress and the  consequent Sovereign debt of more than one country which can no longer be concealed .
 
          I request you in the interest of  these larger issues  and the struggle of the Palestinian people  which need priority to reconsider the strategy  , even as  the organizations which have been supporting you will assure you that they will  continue  the struggle  and in fact widen it .The choice between struggle for public justice through the Courts of one country  and the larger issues facing your country and  the world has to be made at some stage . In view of your support for the Palestinian cause over several years it cannot be ruled out that Zionism has made you a target and will achieve a signal victory if you were disabled for any length of time , even as Gaza and the extended region is  now once again being steadily targeted even as one of their powerful voices is behind bars .
 
Has Tun Dr. Mahathir Mohammad and the  Perdana   Organization considered that larger issues are involved ????
 
To-day is that day in the Christian calendar which celebrates the Resurrection . I do hope that those who support you will have the courage to do what is right . The movement for peace and justice the world over cannot afford to lose you to the whimsical ways of one Judge and a lawyer who would incarcerate a colleague to serve the immediate vendetta of his client and associates .
 
                                        Niloufer Bhagwat



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