Prima Facie, Order of Mandamus serta Birdie, Eagle, Bogey.....

Prima Facie, Habeas Corpus, Locus Standi, Order of Mandamus, Afidavit, - itu di mahkamah



Birdie, par, Bogey, Eagle - itu di padang golf

Jika anda wartawan baru dan boss anda menyuruh anda membuat liputan berita di Mahkamah, maka anda perlu bersedia mendengar beberapa terma yang belum pernah anda dengar atau pernah dengar tetapi terlalu asing.

Antara terma mahkamah ialah Prima Facie, Order of Mandamus, Habeas Corpus, Afidavit, Locus Standi, Ultra Vires, Bona Fide, Caveat, ex parte, ex Gratia, in absentia, inter alia, jus soli, magna carta, male fide, pro rata, pro bono, sub judice dan macham2 lagi.

Prima Facie bermakna keraguan munasabah.

Manakala Order of Mandamus pula bermakna arahan supaya sesuatu kes dipercepatkan pendengarannya oleh Mahkamah.

Begitu juga jika anda wartawan baru disuruh boss anda untuk buat liputan pertandingan golf.

Pasti ada terma > birdie, boogie, albatros, double boogey, par dan eagle.

Apa semua ini?

Dulu saya pun tak tahu, namun setelah belajar maka saya tahu.

Birdie, Albatros, Eagle dan Hole in One adalah amat baik iaitu anda memasukkan bola dengan bilangan pukulan yang kurang daripada Par lubang berkenaan.

Sebagai contoh jika lubang ke 8 adalah Par 5, maka jika anda berjaya memasukkan bola ke lubang hanya dengan 4 pukulan, maknanya anda mencatat Birdie dan score anda (-1). Jika Par 5 dan anda memasukkan bola selepas 5 pukulan bermakna anda mencatat Par dan scorenya (0). Jika anda melakukan 3 pukulan dan bola masuk di Par 5, maka anda mencatat Eagle (-2). Jika Hole in One di Par 5 bermakna anda mencatat -4 dan jika anda memukul 2 kali terus masuk makna anda mencatat Albatross (-3).

Jika di lubang par 4, anda melakukan 5 pukulan baru masuk bola ke dalam lubang, makna anda dapat Boogey, yang tak baik. Dan jika lakukan 6 pukulan di par 4, bermakna double boogey dan seterusnya hinggalah boogey yang ke seratus hehe.

Ingatlah, dalam golf, score paling rendah adalah pemenang. Maksudnya jika anda menggumpul 180 pukulan 10 dibawah par bermakna score anda (-10). Anda hanya boleh ditewaskan lawan yang boleh membuat 179 pukulan 11 dibawah Par (-11) dan seterusnya.

Namun jika score anda 200 pukulan 10 di atas par, bermakna (+10) dan anda pasti tewas dan kalah.

Terima kasih kerana membaca.

Shoe-throwing ex-imam jailed a year for contempt in Malaysia

In Malaysia, an Imam is a religious man. However a particular Imam who maybe watched too many James Bond movies, shocked Malaysians when he threw his slippers at not one, but a panel of Federal Court Judges, on February 22, 2012.

As a result, the Imam known as Hoslan Husin, has been jailed a year for contempt of court.

Hoslan Husin appeared in the court at 9.35am today, 8th March 2012, for a show-cause proceeding as to why he should not be cited for contempt before the same panel of judges who heard his earlier case.

The panel found Hoslan guilty of the charge for failing to explain his conduct of throwing a pair of slippers at the judges on February 22, 2012.

Hoslan hurled his slippers at the panel of judges, chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin, after it rejected his application for the court to hear his appeal.

As a result of that shocking incident, a press statement issued by Federal Court Chief Registrar's office said the judiciary viewed seriously matters that could tarnish the image of the judicial institutions, whether by direct or indirect actions, including comments or statements that could undermine the credibility and image of the institution.

Hoslan was in court to challenge his eviction order from the Ar-Rahimah Mosque in Kampung Pandan obtained by the Federal Territory Islamic Religious Council (MAIWP).

MAIWP wanted Hoslan, who was an imam rawatib at the mosque since 2008, to be evicted because of disciplinary problems.

Hoslan filed leave to appeal to the Federal Court after the Court of Appeal, on Sept 20, 2011 dismissed his appeal and upheld the High Court's decision.

What an Imam. Enjoy your stay in Prison dude...

Felda loses RM200 million defamation suit against ex-deputy minister

Malaysia's Federal Land Development Authority (Felda) and its investment company Felda Global Ventures Holdings Sdn Bhd have lost their RM 200 million defamation suit against former Deputy Land and Cooperatives Minister Datuk Dr Tan Kee Kwong, today 16th August 2011.



Dr Tan Kee Kwong (picture above) served as the deputy minister of Land and Cooperatives Development from 1999 to 2004. On May 29th, 2008, Dr Tan became the second Gerakan leader to take up a post with an Opposition-led Selangor state government.

In court papers, the two had claimed that Dr Tan had caused the publication of defamatory words in Suara Keadilan in its June 22-29 2010 editions.

In the suit filed on Jan 25, 2011, the two claimed that the words implied that the plaintiffs were involved in corruption and had committed an unlawful act.

Kuala Lumpur High Court judge Justice Zabariah Mohd Yusof held that the plaintiffs failed to prove that Dr Tan uttered defamatory words and was responsible for the publication of such words in the newspaper report.

Felda has to pay RM100,000 in costs to Dr Tan.

However Felda has to pay only RM70,000 in costs as the defendant has to pay RM30,000 costs to plaintiffs for the preliminary point raised in the suit earlier.

In his statement of defence, Dr Tan had admitted to have given an interview to a Suara Keadilan newspaper reporter named as Faizal Zakaria, but claimed he did not defame the two plaintiffs.

Alternatively, Dr Tan said the words were true, in fact, and that they were published on an occasion of qualified privilege.

Anwar Ibrahim sodomy trial : Saiful Bukhari tells court he did not wash his anus for two days

The sodomy trial of former Malaysian Deputy Prime Minister and Opposition leader, Datuk Seri Anwar Ibrahim revealed many intimate details about the alleged sodomy.

In the court proceeding today, Mohd Saiful Bukhari Azlan said he did not wash his anus for two days after he was allegedly sodomised by Datuk Seri Anwar as he wanted to keep the evidence intact, the High Court here heard.

Mohd Saiful, 25, admitted that he did not take his bath after he was allegedly sodomised by Anwar on June 26, 2008.

Questioned by Anwar's lead counsel Karpal Singh, he said he had a complete bath in the morning of June 26 and merely “rinsed” (bilas) after the alleged sodomy.

He added that he did not take a bath and did not wash his anus after the allegedly incident as he wanted to keep the evidence intact.

On why did not lodge a police report after the alleged incident, he said he wanted to seek advice from several people before doing so.

“I want to get advice as it involved my dignity,” said Mohd Saiful, who is the first prosecution witness in the high profile sodomy trial Thursday.

In elaborating, Mohd Saiful said he wanted advice from his uncle Tuah Mohd Halim, his friend Rahimi Osman, former PKR Youth chief Ezam Mohd Noor, one Datuk Mumtaz (Jaafar) and a religious teacher.

When asked why he did not go to the police station and give an immediate statement, he did not reply.

However, Mohd Saiful agreed with Karpal's suggestion that he did not use the opportunity to lodge a police report for two days after the incident.

Mohd Saiful said he lodged a police report on June 28, 2008.

Mohd Saiful agreed that he gave an interview to Malaysiakini which was published online on Aug 15, 2008.

When showed a printout of the online report, Mohd Saiful asked to observe the publication for many times and then replied that he had indeed told the reporter that he was sodomised by Anwar for the first time.

However, he maintained that he had misinterpreted the question.

He agreed that he did not take steps to rectify the mistake in the online report as he did not read it or overlooked the matter.

At this juncture, Karpal cautioned him that he could be jailed if he is found to have given false evidence and later when asked if the rest of the report was accurate, Mohd Saiful said: “I cannot confirm it 100 per cent that this was correct,” he said.

When asked if he had lied in court when he testified that he had met then Deputy Prime Minister Datuk Seri Najib Tun Razak at his residence on June 24, 2008 to complain that he had been sodomised by Anwar many times, he disagreed.

Asked if he was a strong supporter of Umno, he said “ I support Barisan Nasional but my vote was for R. Sivarasa and Elizabeth Wong” in the last general election.

Upon hearing this, Karpal suggested that Mohd Saiful is a traitor but he replied that it is a free country.

He disagreed to another suggestion that the sodomy incident was planned by him with the assistance of the police and Najib.

He admitted that he told a senior police officer - ACP Mohd Rodwan Mohd Yusof (now SAC I/Datuk) - that he had been sodomised by Anwar several times in the country and abroad.

On the delay in reaching a condominium to see Anwar on June 26, Mohd Saiful said it was because he saw a motorcycle following him and he tried to evade it.

Earlier, High Court judge Justice Mohamad Zabidin Mohd Diah dismissed an application by the defence for a stay of proceedings pending appeal over the dismissal of getting the prosecution to supply Mohd Saiful's written statements.

Justice Mohamad Zabidin ruled that there was no special circumstances to warrant a stay.

The judge said it (the dismissal over the supply of written statements) was a procedural ruling and that it was not appealable. The sodomy trial continued in-camera at 2.15pm.