A few days ago, in answer to the question, ‘How should a judge endear him / herself to the Bar’ that was posed in cyberspace, I offered this, in response :
‘Treat lawyers with the same courtesy that the judges themselves expect be shown to them, hear impartially and devoid of any bias, and decide according to the law, without fear or favour.
No more, no less’
On 22nd October, 2008, in the matter of the hearing of an application by RPK for an order of Habeas Corpus, the Honourable Justice Datuk Syed Helmy bin Syed Ahmad did just that.
He returned the courtesy that counsels in attendance showed to the court, and heard all parties with the impartialiity and the absence of bias that his office called for.
After that hearing, when asked by some media people to speculate on the outcome, i had said that an ounce of courage in the right place when judgment is delivered may well see justice done.
This morning, with courage, and without fear or favour, His Lordship decided according to the law.
No more, no less.
In so doing, His Lordship endeared himself, not just to the Bar, but to all good people of this nation.
For those who were in court, His Lordship’s pronouncement of the following words was music to the ears; the balm that soothed away the pain of the last 55 days of having a friend and a patriot taken away from us.
‘…Dan adalah juga diperintahkan bahawa satu Writ Habeas Corpus dibenarkan dan pemohon diperintahkan untuk dibawa ke Mahkamah dengan serta merta tidak melebihi jam 4.00 petang hari ini untuk dibebaskan dengan serta merta’
This morning’s order of the court, in pdf, is linked below, for those of you who might want to download the same and frame it up. I know I’m going to.
His Lordship rejected the argument that section 8 of the ISA is unconstitutional.
Was he right?
Respectfully, I think not, but that is a debate that will have to be argued on another day before another court.
And it will be argued on another day because, contrary to what has been said and insinuated of late, there still are good men at the Bar who will, in keeping with the highest traditions of the Bar, continue to pursue the ideals of a free and independent people of this good nation.
To these warriors, I say that your selfless pursuit of justice will never be forgotten. We, as a nation, are indebted to you.
I’m off to the Shah Alam High Court now to receive my friend.
And to all of you who have continued, in the last 55 days, to hold up the light of hope and belief, and will continue to do so until every ISA detainee is freed and ISA is no more, have I told you lately that I love you?
No?
Well, I do.
See you all on Sunday, 9th November, 2008 at 9.30pm at the Ampcorp vigil.
Alvin 5
November 7, 2008
At the very least we have one SYED here who has passion for the rakyat while the other syed propagates fear with his grey matter between his arse
Patricia
November 7, 2008
Right back at you! And see you Sunday 🙂
Pat
mosesfoo
November 7, 2008
Good news to hear.
clearwater
November 7, 2008
RPK freed from ISA. Best news that I have heard for a long long time. Good men still live and breathe in Malaysia. Dare we hope for more men and women of courage and principle to stand up and be counted? Can change still come to this country in my lifetime? Will the ISA be finally abolished?
Bentoh
November 7, 2008
Same descendants, some are good, some are bad…
How I hope His Lordship could rule that the ISA is unconstitutional and should be repealed as soon as possible to level the nation to a higher class…
but then, like some people say, you can’t ask for more as a beggar right?
Now the question is, what will the honourable Home minister do? Will he order another detention? Sigh…
Lin
November 7, 2008
Justice finally prevailed. This is the best news ever!
ewoon
November 7, 2008
Love you, too, bro!
Menyalak-er
November 7, 2008
Yup, about that article 8 thingy, bro Haris. As long as there are virtuous visionaries, like our learned Judge, Justice will take it’s small incremental steps to regain its role in the Judiciary, despite the perversion of it by the powers that be.
Thank you, Haris, Imtiaz, Chandra, Neo and cohorts for keeping our faith when all hope seems gone. Truly an ounce of Courage.
Congrats and God Bless, RPK, Marina and family…
Sheela
November 7, 2008
GOD BLESS RPK AND HIS FAMILY.
GOD BLESS MALAYSIA.
arianna
November 7, 2008
Dear Haris,
Aah, for hope. And for many more releases to come.
Hopefully, there’ll be more of this sound judgement.
Love you back and all those who believe that we can.
Take care.
Ashleigh
November 7, 2008
I wept tears of happiness today for justice… I’m sure the sentiment would be stronger if I was at the court to hear those exact words by the Honourable Justice Datuk Syed Helmy bin Syed Ahmad.
A big thanks to MIS and team for giving us their best!! And to His Loardship for giving RPK back to his family and his people!!
Michelle
November 7, 2008
Absolute bestest news in far too long. Here’s a virtual hug to everyone who reads this comment!
*hugs*
Malaysianatheart
November 7, 2008
Whilst I would like to offer my congratulations to the Judge, I suspect that there is more to his “without fear or favour” decision and RPK’s release than meets the eye! Nevertheless, we welcome the release of our very own Mahatma and wish him many more years of happy blogging.
In the meantime, look out for how RPK is going to be used in the coming days to bring an end to certain political careers.
navinda
November 7, 2008
Thank you Haris for the great news. Thank you Malik, Chandra and the group of lawyers. Yes, we will be at the vigil on Sunday and we will make it extra special.
Drachen
November 7, 2008
Hope to see RPK on Sunday! 🙂
the other view
November 7, 2008
Touching moments. Another milestone in the struggle for basic human rights and liberties in Malaysia.. A black mark for the annals of Governmental suppression. The road is long and winding but the destination is in sight. We all have to start somehow, somewhere and sometime. Congrats to the legal eagles and the whole bunch of Defence team. Great work. You are all not alone.
malsia1206
sambal muncha
November 7, 2008
Hi Haris,
“….dengan serta-merta”. Pure joy.
Yaukhean
November 7, 2008
From a ‘heart-break hotel’ at Kemunting to Home Sweet Home,my hero RPK is free again!Thank you Honourable Justice Datuk Syed Helmy for a very wise decision and so are all the defense team, you people are simply great.Keep up the vigil until all ISA detainees are free.My candle will continue to be lit until they all walk out as free men again!
Ganesan
November 7, 2008
Music to the ear, I know you would be elated that our Friend RPK is free. Wonderful news last couple of days.Lets keep the flame of hope for all other detainees of ISA. Candle light vigil must go on until all detainees of ISA are unconditionally released.
fungus
November 7, 2008
I am so glad for RPK and Anwar too….
Mebbe the judiciary has an inkling that PR is gonna take over soon??
AuntyG
November 7, 2008
Praise God we have one Justice Syed Ahmad Helmy, a righteous judge with a conscious! Big Bravo also to Malik Imtiaz and his legal team.
My gut feeling tells me that the sun will be shining brighter ….
CK Peng
November 7, 2008
HI Haris,
Today I am proud of Malaysia. Good Judge, good lawyer like Malik who I really regards in high esteem. Yourself Bro. Haris who mobalised and keep us well informed.
Cheers for today!
CK
Malaysianfirst
November 7, 2008
When the judgment was delivered, tears welled up in my eyes. I felt awkward, but when I shook Harris’s hand,I saw that he had tears streaming down his cheeks. I looked around and many were tissueing their eyes.
Malaysia Oh Malaysia, why can’t we have this same spirit.
Yes we can! Yes we can! YES WE CAN!!!!!!
The Whisperer
November 7, 2008
Bro,
We Did It, Didn’t We?
Neoh
November 7, 2008
Haris,
What a joyous week so far!
Is there any chance of a translation of His Lordship’s pronouncement, please?
Sincere apologies if my Malay is rusty but I have been away from home for far too long (40+ years).
vishie
November 7, 2008
dear haris,
the release of rpk yet again sends a signal that the almighty is keeping a close watch on malaysia. yet another illustration of divinity at work. praises and gratitude to the almighty is in order. now bapa malaysia baru, as i call him, can continue his good and noble work; albeit with turbo-charged blessings from yang maha esa. we are with you in heart. best wishes rpk
mei1
November 7, 2008
That’s the most anticipated news of the week!! Cheers!
hazel
November 7, 2008
I love you too Haris and of course same to my hero RKP and Marina.
Journo
November 7, 2008
The Courts Must Be Crazy!
First, it was the decision on the RPK case.
Then, it was the decision on the Anwar case.
I am not going to waste my time looking at the motives (if any) or the political hand (if any) behind these rather “unusual” judgments, I am just going to rejoice and take matters at face value.
However, I want to see:
– ISA repealed
– EO repealed
– all ISA & EO detainees be charge according to law and be allowed to defend themselves in court – as how it is done in civilised societies.
-Journo-
Kunta Kinte
November 7, 2008
We have to push for Syed Albar to be sacked or resign! He has made many blunders and he has to pay the price. We have to put him to SHAME! One cannot just ignore the blunders made by our ministers. The Raykat put him where he is today to serve them not to abuse his powers and get away with it. Push people……Lets push.
Malaysian Wannabe Again
November 7, 2008
Absolutely made my day to receive news of RPK’s release and the transfer of Anwar’s case to the High Court being thrown out. To the disbelievers, there is a GOD and Justice has prevailed.
I don’t normally drink but I am going to knock down a few bottles to celebrate, tonight.
Well done to RPK’s team of lawyers. I promise that I won’t tell bad lawyer jokes anymore.
Haris, your’s and Zorro’s loyalty to RPK is as legendary as the three brothers of the Romance of the 3 Kingdoms saga. I look forward to meeting you guys soon as I make a trip back to Malaysia shortly. Dinner is definitely on me and as the old Chinese saying goes “If we are not drunk, we ain’t going home”.
Scotch or Cognac? I will be sure to bring some duty free back.
Malaysian Wannabe Again,
Single malt (Belvenie, if you please).
No worries, mate, I will tell the lawyer jokes, good or bad!
We have a date, then.
today
November 7, 2008
Today is one of those happiest days in my life.Yes Harris,we all love you too and we’ll see you this Sunday!!!!ISA MUST GO!!!!
mauryaII
November 7, 2008
Syabas and congratulations to Malik Imtiaz and his dedicated friends in the legal profession for all the hard work to get the release of RPK.
A special thanks to Haris and his fraternity of bloggers who continue to highlight the plight of the ISA detainees and the suffering of their families.
The fight to abolish the ISA should go on until all the detainees are released. This inhuman and oppressive act has no place in a civilized society.
gobloking
November 7, 2008
MUCH as I would like to celebrate & I pray it is only me seeing shadows everywhere, I have a sneaking feeling this may well turn out to be something bigger in future.
Will RPK still go to trial? Betcha!
Do we really believe His Lordship truly acted independently? Call me a doubting thomas but I really doubt words didn’t come from on high!
Why did the powers-on-hi let RPK go now?
Is RPK no longer considered a threat to the future warlord? Or are they just giving him a rope long enough??
In any event, I think DSAI owes a long chat with RPK mano a mano
The Best BEST scenario (dare we hope?) would be that upon the “ascension” of Najib he will be MAN enough to abolish ISA!
nstman
November 7, 2008
Haris, I admire your courage. Never give up, no turning back, unlike some of your fellow bloggers who succumbed. Fight on. Truth will set us free. Yes, we can.
Malaysian Wannabe Again
November 7, 2008
The Balvenie Single Malt Scotch Whisky it is. 10, 12 or 15 Years Old?? Guess it is 15 YO you are after. :P. Aye, it is a date to be sure, to be sure. I hope it is Zorro’s and RPK’s poison too. I don’t want to be party to you all partaking something that is haram. LOL. Just in case I can’t locate this item, which other poison is acceptable?
I am tossing whether I should open my Chivas Royal Salute, 21 YO, tonight to celebrate or bring that back with me too. Been sitting in my liquor cabinet for the past two years since I bought it back from a trip to the USA.
Last note is that we must NOT forget those who still languishing in Kemunting under ISA.
Antares
November 7, 2008
Love you right back, Haris, though we have yet to meet in physical reality! Most eloquently and nobly expressed, thank you, good sir. What blessings the day has brought! 🙂
Malaysian Wannabe Again
November 7, 2008
errata
“poison” change to “nectar of the Gods”.
Last note is that we must NOT forget those who ARE still languishing in Kemunting under ISA
pemerhati
November 7, 2008
Tahniah Haris dan pada semua pencinta keadilan yang berusaha tanpa jemu,
Terima kasih semua,
Diminta jangan melupakan mereka yang yang masih ditahan diKamunting.
Saya menyokong apa sahaja usaha tuan-tuan untuk pembebasan mereka-mereka yang masih ditahan.
Parli-Man
November 7, 2008
Great news, can’t wait to read RPK’s blog !
Do you think Zaki had a hand in this ?
Jane
November 7, 2008
How wonderful. Hope reignited!
storm62
November 7, 2008
ALL OUR PRAYERS ARE ANSWERED.
THANK YOU MALAYSIANS.
I LOVE HIGH COURT JUDGE SAHSA.
(SYED AHMAD HELMY SYED AHMAD)
ONE SYED ARREST RPK, ANOTHER SYED RELEASE RPK.
LONG LIVE RPK!!!
AND NOW THE FIGHT WILL BEGIN, LAWAN TETAP LAWAN!
Meng
November 7, 2008
Congrats to RPK and family, Haris and all.
We must have more judges like Datuk Syed Helmy bin Syed Ahmad.
A slap in the face for Botak.
peng
November 7, 2008
Haris,
Remember? God sees all, He knows all.
Yes your efforts are not in vain.
Thank God for justice serveed and thank the good men who made it possible.
walski69
November 8, 2008
Remember, remember, the seventh of November
There was fear that justice lost the plot
But now I see reason, and makes us all remember
That justice was never, ever forgot…
Okay… cliche, perhaps.
But somehow fitting, so I thought… And now, on to the task of repealing the ISA once and for all…
storm62
November 8, 2008
I’ve just editted my “Free RPK” T-shirt to “RPK is FREE”
Chia Chin Yau
November 8, 2008
Haris,
I can imagine how you react when the verdict is delivered. Putting RPK under ISA wakes up the silent majority like my wife and me, who now truly believe that ISA should be abolished and wait no more.
There are still a lot to be done, I always believe that one day justice prevail.
You can have a good sleep now I guess, and so to RPK and family.
Thank you!
bamboo river
November 8, 2008
I was there in the morning and later in the evening.
What touched me was , everyone is overwhelmed and greeting RPK, while the good lawyers stood behind the scene as not to steal the limelight so to speak.
But I can tell, the sastisfaction look on their faces.
Its like winning an Olympic Gold medal!
Syabas to the good lawyers maybe help the last 65 ISA detainees out?
Hornet
November 8, 2008
Tears of joy and new hope were seen yesterday at the Shah Alam High Court when the Honourable Justice Datuk Syed Helmy bin Syed Ahmad gave the immediate release order for our beloved hero @ RPK to be released on the same day. My husband and I was at the court as supporters from Penang was so overjoyed in tears on hearing the good news.
Yesterday was the only day this year that we received good news and thanks should goes to God the Almighty, the Honourable Justice Datuk Syed Helmy bin Syed Ahmad, Malik Imtiaz and his team for their good work.
Many thanks to new friends i made at the court who offered me transport to Subang Parade after RPK was released in the afternoon cos my husband had to leave for a business appointment.
We definitely made the right decision to come to KL for this. I will definitely offer a Thanksgiving Mass for this.
May God continue to bless RPK & his family and all his MT families as we move forward with him to fight for the abolishment of ISA, justice, transparency and eliminate racial and religious discrimination.
Cheers…..
yapsir
November 8, 2008
Dear Fellow Malaysian,
We have the joy to see YM RPK release,we have to continue to support and encourage the Hindraf not to give up.
Hope is the driving force.
ariffdanial
November 8, 2008
Bro. Haris, Good news !!! Do you think so !!!
I smell something under the sleeves. I do not trust them. Just be be wary. These goons are capable of doing things which we never thought of. We are talking of their survival !!!
What makes you think that, there are no prior arrangement or compromise between the parties.
I guess, there is nothing wrong to ponder on these.
Regards
Cheers.
Peter
November 8, 2008
The Three Musketeers are back together. See you guys on Sunday with a bigger crowd.
To all you guys who are happy to see RPK back, who say he is your mentor etc etc, walk the talk please and turn up there on Sunday.
fungus
November 8, 2008
Haris,
We love you too….
Keep the fire burning bright!
nspirasi
November 8, 2008
GREAT news indeed…RPKs release…
cant help but wonder tho….
was RPKs release stage managed? by the powers ie.
how else could they let an innocent man go…without too much flak?
anything is possible in the land of NO-HOPE…
however for now…lets celebrate RPKs freedom…remembering alwsys…
there r still those other innocent men in kamunting…
our prayers r with them….
ttc
November 8, 2008
Haris, howdee 🙂
Waahhaaayyyyyyyyyyyyyy to go……..and three cheers to you all for freeing RPK from that bad loony SHA’s clutches and getting him released from that nasty, yukky brain-washing Kamunting place.
And three VERY LOUD five-star cheers to very good human rights jurist 🙂 Malik Imtiaz and to his equally good hot-shot team of sharp and learned legal eagles.
And to your question “was he (the judge) right?” about the ISA being constitutional and all, well here’s a conviction-laden, short and sharp and very straight as an arrow and so very narrow answer: NO!
The 😦 Executive’s evil ISA’s raison d’etre is to exist to KILL-off the Rakyat’s Constitution.
Strongly recommend to RPK to bring a punitive and exemplary law suit to sue that bad loony 😦 SHA’s government-issue mala fide ministerial pants off his sorry, incompetent and abusive, loose-cannon behind.
WE SAY YEAH! & NO TO ISA! 🙂 AND HARIS FOR AG & RPK FOR IGP! & Lassie or Rin Tin Tin or Simba (or an Amoeba even) for Home Minister!
PS: Protect Your Health & Safety & Economic Wealth!
BAN MAD BAD SHA & UMNO-BN NOW INSTEAD OF GOOD HINDRAF!
ttc
November 8, 2008
Haris, howdee again 🙂
While looking at the nice photo you posted of the legal eagles, noticed that your caption says that a lawyer Neo is behind lawyer Azhar.
If so, where is lawyer Neo as he seems to be invisible?
WE SAY YEAH! & NO TO ISA! AND HARIS FOR AG & RPK FOR IGP! & Lassie or Rin Tin Tin or Simba (or an Amoeba even) for Home Minister!
PS: Protect Your Health & Safety & Economic Wealth!
BAN MAD BAD SHA & UMNO-BN NOW INSTEAD OF GOOD HINDRAF!
ttc,
I’m a lousy photographer, lah.
Apologised to Neo.
Sharing
November 9, 2008
Really a Good News!
===================
But shouldn’t it be a sad day also to see the basic constitutional rights needs so many senior lawyers to go?
If not for RPK and under the spotlight of Haris and the media, will this scene goes for others in deep grievance?
How many lawyers practice without fear or favor towards Justice in this country? Same for the Court?
A lawyer used his book after winning a murder case almost as his name card. But, after being engaged, he cannot receive e-mail in his office and home. He was sick and cannot even start the job. He promised to refund a couple of times but cannot send cheque or make a deposit to bank.
A lawyer promised to help but without even reading the defense, he said the previous lawyer was his friend and should be okay and should not be complained. Will any serious lawyer accept denying without rebut a proper way of defense and without counterclaim, if he had gone through the defense?
A lawyer would only discuss the case after doing a file search. But, after 2-3 weeks nothing came out. Without listening, he told the client to listen and not telling him what to do as he is professional! Without commenting anything wrongs with the letters being sued, he said he wants all the documents. But, then, no comment.
A lawyers with all the briefings and documents even with all the of sequent of events and draft of a pleading, he cannot even provide a complete draft with laims and the parties in order after one year?
His email is always out of order when anything need to be sent? He never confirmed received even they were requested.
Another paid but do no work, not going to court for more than one year and even assaulting clients!The Judge skipped answering to inquiries which clarify the essential issues but push to rush for trial when the Plaintiff has been dragging for years. Helping Plaintiff’s lawyer to confuse the matter.
DB discharged complaints unanimously when Respondents objected to provide explanation to Complainant!
Court accept application of discharge from lawyer when the Judge was well presented that the affidavit of the lawyer was netted with a great number of false statements.
=====================================================
Haris, do I stay in the same country as you and under the same roof or sky?
=====================================================
If the same Justice cannot be applied to a great many others of those in grievance, and, they are many many, the re;ease of RPK should remain people that “Justice” remains selective in this country by Courts and Lawyers!!