Bekas Perdana Menteri, Tun Dr. Mahathir Mohamad berkata, setiap ahli politik perlu bersikap terbuka dalam berhadapan dengan apa jua tohmahan yang dilemparkan oleh musuh mereka.
Menurut beliau, walaupun penyelesaian terhadap segala tohmahan itu wajar dilakukan secara penghakiman di mahkamah, mereka tidak seharusnya 'membiasakan' diri berbuat demikian.
''Kalau kita perhatikan politik di Malaysia hari ini, ia sering diwarnai dengan tindakan mahkamah. Kes-kes yang dibawa ke mahkamah kini cukup banyak dan membabitkan jumlah saman berjuta ringgit.
''Oleh itu, sebagai ahli politik, mereka perlu bersedia menerima bahawa mereka akan sentiasa ditohmah oleh pihak lawan. Bergantung kepada mereka untuk menangkis balik tohmahan itu. Mereka tidak perlu sentiasa menyaman di mahkamah.
''Kepada yang beragama Islam pula, seharusnya mereka bersedia untuk bersumpah dengan sebenar-benarnya bahawa tiada kebenaran terhadap tohmahan atau dakwaan berkenaan,'' katanya dalam entri terbaru di blognya, http://chedet.cc/blog hari ini.
Dr. Mahathir berkata, secara realiti, setiap ahli politik perlu memahami perjalanan proses penghakiman di negara ini dengan tindakan undang-undang yang dilakukan oleh seseorang itu hanyalah bertujuan untuk 'menutup mulut' lawan mereka.
''Di Malaysia, apabila kes didengar di mahkamah, ia menjadi 'subjudice' dan sebarang komen di luar mahkamah boleh dianggap menghina mahkamah.
''Melihat perjalanan penghakiman di mahkamah, bagi pihak yang didakwa, banyak wang perlu disediakan bagi kos guaman.
''Saya sendiri telah disaman RM100 juta. Tetapi, selepas lima tahun, saya menang dan 'dianugerahkan' RM70,000 yang sudah tentu pergi kepada peguam saya,'' tambahnya.
Dalam pada itu katanya, walaupun sesuatu kes dikendalikan hakim berpengalaman, masih terdapat tunggakan dalam pengendalian sesuatu kes yang melibatkan sivil atau jenayah.
''Ini kerana proses perbicaraan mungkin mengambil masa yang begitu lama,'' katanya.
SUMBER :UTUSAN
Thursday, January 12, 2012
Wednesday, January 11, 2012
SUING IN COURT
SUING IN COURT
by Dr. Mahathir bin Mohamad
1. Malaysian politics of today is frequently punctuated with court actions. In particular there are now a lot of litigation cases. And the amounts sued for invariably run into millions of Ringgit.
2. Despite the efforts of the learned judges there are still huge backlogs of cases of all kinds, civil and criminal, which probably will never be heard, much less adjudged. This is because the hearings take such a long time that the parties to the cases would have forgotten the facts or they would have died.
3. And, as they say, “justice delayed is justice denied”.
4. The litigations by politicians may be justified. But politicians must accept that as politicians they would be bad-mouthed by their opponents. It is up to them to counter the allegations made. They should not always be suing in court.
5. For Muslims they should be willing to swear properly that there is no truth to the allegations.
6. Often the litigation is intended to shut the mouths of their opponents. In Malaysia when a case is being heard in a court, it becomes sub-judice and comments outside can constitute “contempt of court”. By suing the matter becomes sub-judice and the opponents’ mouths would be shut. Through repeated appeals the case can be prolonged and the defendants’ mouths would remain shut to the advantage of the litigant for years.
7. For the person sued, much money would have to be spent on lawyers. For years he would be assailed with anxiety that he might be found guilty and if he is unable to pay he may be bankrupted.
8. Yet when the defendant wins, the litigant may need to pay cost only, which the court will fix. Often the amount would be a minute fraction of the amount he is sued for.
9. Because the cost to the litigant is so very little, the tendency is to sue for millions. This is grossly unfair to the defendants. If the law is intended to promote justice then the litigant should also suffer from the same anxieties for the length of time of the hearing and if his allegation is baseless he should pay his victim the same amount he sued for.
10. Then there would be justice and frivolous cases would not be brought before the courts. The judges would then have time for their other cases.
11. Incidentally I was sued for 100 million Ringgit. When after almost five years I won, I was awarded cost at 70 thousand Ringgit, which of course go to my lawyers.
spurce :
http://chedet.cc/
by Dr. Mahathir bin Mohamad
1. Malaysian politics of today is frequently punctuated with court actions. In particular there are now a lot of litigation cases. And the amounts sued for invariably run into millions of Ringgit.
2. Despite the efforts of the learned judges there are still huge backlogs of cases of all kinds, civil and criminal, which probably will never be heard, much less adjudged. This is because the hearings take such a long time that the parties to the cases would have forgotten the facts or they would have died.
3. And, as they say, “justice delayed is justice denied”.
4. The litigations by politicians may be justified. But politicians must accept that as politicians they would be bad-mouthed by their opponents. It is up to them to counter the allegations made. They should not always be suing in court.
5. For Muslims they should be willing to swear properly that there is no truth to the allegations.
6. Often the litigation is intended to shut the mouths of their opponents. In Malaysia when a case is being heard in a court, it becomes sub-judice and comments outside can constitute “contempt of court”. By suing the matter becomes sub-judice and the opponents’ mouths would be shut. Through repeated appeals the case can be prolonged and the defendants’ mouths would remain shut to the advantage of the litigant for years.
7. For the person sued, much money would have to be spent on lawyers. For years he would be assailed with anxiety that he might be found guilty and if he is unable to pay he may be bankrupted.
8. Yet when the defendant wins, the litigant may need to pay cost only, which the court will fix. Often the amount would be a minute fraction of the amount he is sued for.
9. Because the cost to the litigant is so very little, the tendency is to sue for millions. This is grossly unfair to the defendants. If the law is intended to promote justice then the litigant should also suffer from the same anxieties for the length of time of the hearing and if his allegation is baseless he should pay his victim the same amount he sued for.
10. Then there would be justice and frivolous cases would not be brought before the courts. The judges would then have time for their other cases.
11. Incidentally I was sued for 100 million Ringgit. When after almost five years I won, I was awarded cost at 70 thousand Ringgit, which of course go to my lawyers.
spurce :
http://chedet.cc/
TUNNEL LINK
TUNNEL LINK
by Dr. Mahathir bin Mohamad
1. It is heartening to see Malaysia and Singapore agreeing on a sub-sea tunnel to connect the two countries. The bridge that will not be built now is planned to have eight lanes. This is of course due to the expected heavy traffic.
2. The question is whether the tunnel can provide for this volume of traffic. An eight-lane tunnel would have to be very wide or it will need two tunnels. Even if it is a double-decker like the Smart Tunnel in Kuala Lumpur, it needs to be very tall especially as it must cater for the heavy vehicles with their containers etc.
3. Because it will be far below the sea-bed it will have to begin and end far inland as lorries and trucks need gentle gradients. It can be as far as four kilometres for both ends. This, together with the undersea part will stretch the tunnel to almost eight kilometres.
4. If the Singapore MRT is going to use it as well, there must be at least another tunnel. Trains need even more gentle slopes. So the length might be more than eight kilometres.
5. Can Malaysia afford the cost of half this project, assuming the other half will be borne by Singapore? The project will cost billions and will take very many years to complete.
6. When completed I hope the causeway and the railway line will be removed. We will not need them anymore. Then water will flow east west and vice-versa. And small boats will be able to use the Tebrau Straits without having to go around south of Singapore.
7. Both Singapore and Malaysia will benefit from the removal of the causeway.
source :
http://chedet.cc/
by Dr. Mahathir bin Mohamad
1. It is heartening to see Malaysia and Singapore agreeing on a sub-sea tunnel to connect the two countries. The bridge that will not be built now is planned to have eight lanes. This is of course due to the expected heavy traffic.
2. The question is whether the tunnel can provide for this volume of traffic. An eight-lane tunnel would have to be very wide or it will need two tunnels. Even if it is a double-decker like the Smart Tunnel in Kuala Lumpur, it needs to be very tall especially as it must cater for the heavy vehicles with their containers etc.
3. Because it will be far below the sea-bed it will have to begin and end far inland as lorries and trucks need gentle gradients. It can be as far as four kilometres for both ends. This, together with the undersea part will stretch the tunnel to almost eight kilometres.
4. If the Singapore MRT is going to use it as well, there must be at least another tunnel. Trains need even more gentle slopes. So the length might be more than eight kilometres.
5. Can Malaysia afford the cost of half this project, assuming the other half will be borne by Singapore? The project will cost billions and will take very many years to complete.
6. When completed I hope the causeway and the railway line will be removed. We will not need them anymore. Then water will flow east west and vice-versa. And small boats will be able to use the Tebrau Straits without having to go around south of Singapore.
7. Both Singapore and Malaysia will benefit from the removal of the causeway.
source :
http://chedet.cc/
Monday, January 9, 2012
Majlis Hi-Tea Eksklusif bersama YAB Tun Dr Mahathir dan isteri
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