Tuesday, February 12, 2019

Of Mueller and AG TT...

I do not practise law but my favourites includes "The paper chase" and "Suits". Unfortunately this posting is not about Meghan Markle...

11th February 2019 is definitely not my day.... First, it is Black Monday with traffic back to normal in KL after a weeklong CNY celebration. Second and more importantly is the Appellate court's decision to grant stay on Najib's SRC trial.

This is not about technical and procedural changes but I view this as AG TT's mishandling of the case. It is important to note that AG TT's tenure is for 2 years and almost 6 months has passed and still there is no light at the end of the tunnel. It is not about who should do what but as AG, TT should knows very well and anticipate Defense strategy to stall and derail the trial.

This observation comes not from the many hours of watching legal dramas but a parallel scenario faced by US. There, the government appoints special prosecutor Robert Mueller. Mueller's approach is stealth-like and has netted amongst others Michael Cohen, Trump's lawyer. Even Paul Manafort, Trump's former campaign Chairman was not spared.

Although Mueller is still investigating but these key players in Trump's team has been investigated and their plea bargain (for lesser charge) is making Trump sweat. That is how Robert Mueller approach the case.

Here, AG TT appoint special prosecutors like Sulaiman and Gopal Sri Ram to lead the prosecuting team. So far the fruits are not there.

This leads me wondering - is our legal system designed to keep the rich and powerful free from prosecution? If this is a case of Ahmad or Ah Chong or Ramasamy - the system will swallow them up and off to Sg Buloh they go. In this instance, the person is Najib and suddenly the clock is running superly duperly slow.

I has a talk this morning with a paralegal and she hinted that she agreed with me. In addition, she said that the legal fratenity will slap layman with potential "contempt of court" for "challenging decision. Maybe what she said is true... I don't know.

For one, the question is why the slow wheel of justice? I am not saying Najib is guilty nor do I vouch his innocense. What I am praying for is the legal system must be swift especially in cases where Malaysians has been said to be hoodwinked of Millions and Billions of Ringgit.

Is our British-based legal system notoriously slow? Or is it because our defense lawyers are super in finding legal loopholes? Or is it our prosecutors who are not thorough in handling cases?

If the evidence and documentations are not proper and not in order, then why can't judges throw the cases out and let them come when they are properly ready to charge? Why are we locked with too many mentions for a case? Even before the actual trial starts, there are 3 or 4 mentions and this takes time and this cost the courts valuable time.

Look at how US handles high profile cases. Once they identify the guilty party, it is boom, boom, boom trial time. If there is a plea bargain, it is also handled efficiently. In most cases, I rarely reads about high profile cases dragging for years...

Are we still leaning on archaic legal system? Or are we at the mercy of legal eagles who sell their service to the highest bidder?

I say...let's the games begin... and let the trial starts... why are we still delaying? No gut? Or is it no balls to ensure justice is done? Or is it because we have no judge Pao on our bench?

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

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