Wednesday, February 25, 2009

Of immunity : Diplomat, speaker, bloggers...

Immunity. Such a big word. It's good to have one. It's better to flaunt one. It's best to exercise one. However, it must be let known that with immunity comes great responsibility. Immunity has it's limits and it is most wise not to cross the border.

In Johannesburg, a Malaysian Diplomat's wife was involved in an accident. The news reported that the bystanders claimed that the Diplomat's wife was drunk. Hey, if I am involved in an accident, I will be wobbly too but then again, the bystanders who were there physically may know better. The case in point is not whether she is right or wrong but whether she was drunk or not. If she was drunk, then regardless of whether she is the diplomat's wife or no, she has no reason to drive the car. Australia, USA, Malaysia and maybe South Africa has their own sets of rules dealing with drunk drivers. The questions that needs answers are whether she has the diplomatic immunity (as she is only the wife and not the diplomat), whether the diplomatic immunity covers this particular case, if she was indeed drunk, will she be prosecuted under South African laws? Let Wisma Putra and bridge burner Rais Yatim deals with the diplomat's wife ...By the way, the news is not reported in MSM yet...

Meanwhile, the Malaysian Bar council has denounced the interrogation of the Perak state assembly speaker by the police. It's president said the police questioning was “ill-advised” and “violates the doctrine of the separation of powers in the legislative assemblies”. Does that mean the state and federal assembly speakers has immunity where it covers their scope of work? If yes, then why the line of questioning? Shouldn't the speaker's decision be final and any appeal should be done in the respective assembly sittings? Can the immunity be removed or cancelled by the HRH Sultans? Wow, so many possibilities and with the legal commentary by NH Chan, a former court of Appeal judge, it is refreshing to read learned views regarding the Perak case. And talking about the speaker's immunity, why was there a sudden silence from those speakers who immediately chance upon the Perak speaker when he suspended MB Zambry? Where are they now? Or are they saying that the speaker has no immunity when discharging his duty?

With the judge recuse in MB Nizar vs MB Zambry case, who will take over? When will the new hearing be heard? Is this another of those carefully planned prolonged hearing? And if the ruling rules in favour of MB Nizar, what is the repercussion and standing of MB Zambry's decision during the period when he "governs" Perak? Who will take the responsibility? Federal government? HRH? State Secretary?

Down the ladder, it is also surprising to learn that another blogger, RockyBru was hauled in by the police for comments left on his blog posting pertaining to the Perak case. No doubt that some of the commenters are downright rude but the viewsposted are not those of the blog owner. And I believed that being a responsible person, Rocky would have deleted those offensive commenrsn when he got the time and chance. That said, Rocky do not have the immunity as those enjoyed by the Diplomat's wife and the speaker...

But the same cannot be said about Jed Yoong if indeed she posted in her blog. Reading through, the points raised by her are quite sensitive in nature and should not be discussed in public domains as there are always 2 sides to a coin. Expressing one's belief and conviction is the freedom granted but to severely criticize the system or the person is not. Whatever it is, the main aim is to discuss in a responsible and cool manner. Not to pinpoint faults or resort to name calling nor does digging up sensitive issues, which at times, best remained buried. That, let the politicians do in their "immunitised" domain i.e. the parliament...

Having said that, immunity has it's limits. As long as one does not breach that limit, all will be fine and ok. But once the limit is breached, then one has to face the consequence...

Till then...G'nite M'sia...wherever u are...

2 comments:

Anonymous said...

All this speculation surrounding the so-called drunk wife of a Malaysian diplomat killing a man in a roadside accident rests on the assumption that the original report was correct. I have very strong doubts. Very shoddy journalism. The identity of the women and diplomatic status can easily be checked. Neither the police nor the reporter did this.

Based on each individual's prejudices the report provides license to one and all to go on a diplomatic bashing. The truth be damned. I'm in South Africa and I know how the system works. We have many incompetents in public office. I have lost respect in the journalistic profession.

Unfortunately once this demon has been unleashed, the damage is done. No one believes the truth even if one were to offer evidence to that effect. Like the adage says , 'A lie repeated a hundred times becomes the truth!'

nightcaller said...

Thks anon 4.17 pm

Wisma Putra did issue their denial as per my posting http://dnightcaller.blogspot.com/2009/02/in-selangor-khalid-i-vs-khir-t.html. It seems that the Johannesburg metropolitan police still maintain their story.

Unless, of course if the "Diplomat's wife" is not his real wife but his acquitance? Nevertheless, wil follow up on this as more info streams in...

Thks