Lim Kit Siang

Home Minister, Datuk Seri Syed Hamid Albar’s announcement in Kota Kinabalu last night that the Home Ministry will appeal against the Shah Alam High Court decision on Friday to free Malaysia Today website editor Raja Petra Kamaruddin from detention under the Internal Security Act (ISA) is most deplorable and reprehensible.

It shows Hamid’s utter contempt for the fundamental concept of the rule of law and the most rudimentary commitment to human rights in the country.

In ordering Raja Petra’s release after a 56-day ISA detention, Shah Alam High Court judge Justice Syed Ahmad Helmy Syed Ahmad ruled in the blogger’s habeas corpus application that the Home Minister acted outside his powers in detaining Raja Petra under the ISA, as the grounds given for Raja Petra’s detention were insufficient rendering the ISA detention unlawful.

Syed Ahmad Helmy held that although Section 8 of the ISA on the detention order by the minister barred judicial review, there was a procedural non-compliance by the Minister resulting in an “ultra vires” order.

As illustration, the judge gave the example that the minister cannot act in bad faith to detain a person who decided to colour his hair red.

In actual fact, Hamid acted mala fide in a very substantive manner in issuing a detention order under Section 8 of the ISA late in the night of September 22 not because Raja Petra constituted a threat to national security but to frustrate the administration of justice and the rule of law by “killing off” Raja Petra’s earlier habeas corpus application.

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Shannon Teoh
The Malaysian Insider

KUALA LUMPUR, Nov 8 – Despite being unlawfully detained under the Internal Security Act for two months, Raja Petra Kamarudin is in a gracious mood.

Speaking to The Malaysian Insider just a day after his release was ordered by Shah Alam High Court Judge Syed Ahmad Helmy Syed Ahmad, he said that he “would like to sit with Khairy, have a drink and smoke some cigars” and “be honoured if Najib invited me for tea.”

Raja Petra is facing an ongoing charge of sedition for alleging that Deputy Prime Minister Datuk Seri Najib Razak was involved in the murder of Mongolian Altantuya Shaariibuu and a further criminal defamation charge for accusing Najib’s wife, Datin Seri Rosmah Mansor, of being present during Shaariibuu’s murder.

Khairy Jamaluddin, Prime Minister Datuk Seri Abdullah Badawi’s son-in-law, was extensively attacked in Malaysia Today, the portal which Raja Petra heads, in a 2005 series called “The Khairy Chronicles” which catapulted the website to infamy.

“I do not dislike him, in fact I like him,” he said of Najib.

“His father was one of the most famous MCKK alumni. Tun Razak was always the first name when listing out prominent old boys,” Raja Petra recalled of Malaysia’s second Prime Minister from his schooling days.

“I get along well with his brothers. In fact, I think Najib has charisma, but he’s Umno and I am anti-Umno.

“If he invites me for tea, I would be honoured,” he said earnestly.

“I suppose I don’t blame him but its my job to whack him. If not, I fail at my duty,” he said of the widely accepted understanding that his Sept 12 ISA detention resulted from his persistent attacks on

Najib – which Raja Petra insists are not “personal or spiteful” – rather than the stated claim that he was insulting Islam with his writings.

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Before today, the year 2008 has seen 2 significant days for citizens of Malaysia:

1. 8 March 2008 - Political Tsunami: the PKR, DAP and PAS denied the BN a two-third parliamentary majority and take over the state goverments of Kedah, Penang, Perak & Selangor while retaining Kelantan.
2. 26 August 2008 - Political Tsunami II: the day Anwar Ibrahim won the Permatang Pauh by-election with a larger margin compared to what his wife achieved in the 8 March general election.

Today, 7 November 2008, sees the third significant day for the nation when the courts ruled against the powers that be.

This morning, the Shah Alam High Court ordered the release of Malaysia Today blogger, Raja Petra Kamarudin who had been held under the draconian Internal Security Act (ISA). Justice Syed Ahmad Helmy Syed Ahmad said the detention was unconstitutional and instructed that Raja Petra be produced in court by 4pm.

Raja Petra was then brought from the Kamunting Detention Center and arrived at 3.15pm at the High Court where he was released 5 minutes later.

At around the same time when Raja Petra was released, the Kuala Lumpur Sessions Court judge, S M Komathy was delivering her judgement on whether the sodomy trial against Opposition Leader, Anwar Ibrahim can be transfered to the High Court. She decided against the transfer which was signed by Attorney-General Abdul Gani Patail. Abdul Gani is under investigation for allegedly fabricating evidence against the sodomy trial against Anwar in 1998.

Today, Malaysians can hope that justice can still prevail as long as the powers that be do not intefere with the judiciary. In our constitutional monarchy with parliamentary democracy, there is supposed to be a clear separation of powers between the executive, legislature and the judiciary. And as long as the separation of powers is honoured, justice will be served and prevail.

The Kuala Lumpur Sessions Court this afternoon ruled that the certificate of transfer for the sodomy trial against Opposition Leader Anwar Ibrahim which was signed by Attorney-General Abdul Gani Patail is invalid. Sessions Court judge S M Komathy therefore decided that she will continue with the trial next Friday.

“This case raises a unique situation where it is evident that any involvement by the AG in this case would seriously undermine public confidence in the administration of criminal justice,” she said.

“That is the compelling and overriding factor that warranted the Prime Minister’s promise which this court is prepared to uphold,” she added.

Outside the court, Anwar told reporters that he is very pleased with the decision.

“From the outset, I have maintained that the entire case against me is politically-motivated using a small group of police officers and the AG,” he said.

“I am pleased that the judge took pain to hear arguments from both sides and kept to her principle and will see the course of action from the prosecution after this,” he added.

The Shah Alam High Court this morning orders the release of Malaysia Today blogger, Raja Petra Kamarudin.

Raja Petra was arrested under the draconian Internal Security Act (ISA) on 12 September 2008. He was then sent to the Kamunting Detention Center to serve a 2-year detention under the order of Home Minister Syed Hamid Albar.

He was detained for allegedly insulting Islam in his articles published in Malaysia Today.

Raja Petra had earlier filed a habeas corpus application challenging his detention which the court rules in his favour today. The court declares that his detention is illegal.

Raja Petra must be produced in court from Kamunting at 4pm today, after which he must be immediately released.