Veteran Lawyer Raja Aziz Addruse Dies at 75 Bernama Julai 13, 2011

Total Page：16

File Type：pdf, Size：1020Kb

Veteran lawyer Raja Aziz Addruse dies at 75 Bernama Julai 13, 2011 KUALA LUMPUR (July 12, 2011) : Raja Aziz Addruse, one of Malaysia’s most respected lawyers, passed away at about 1pm today at his residence in BukitTunku, here. He was 75. Raja Aziz who hailed from Chemor, Perak, had recently sought treatment in Singapore for cancer-related ailment and was reported to be recuperating well. One of his close friends, Datuk Param Cumaraswamy, when contacted by Bernama said Raja Aziz's health condition, however, deteriorated in the last few days and he had visited him two days ago. "He was weak but alert and in good spirit when both of us shared some light moments," said Param. He said Raja Aziz's remains would be brought for prayers at the Bukit Damansara mosque before Zohor prayers tomorrow and would be buried at the Bukit Kiara Muslim cemetery. Solicitor-general II Datuk Mohamed Yusof Zainal Abiden when contacted said Raja Aziz was a man of high integrity and "a gentleman" who always maintained respect for his opponents. "There had been several occasions where he cited case laws that were not even favourable to his clients but with the intention of assisting the court to arrive at the right decision," Mohamad Yusof said. He said Raja Aziz was highly respected in the legal fraternity, mainly due to his politeness and never passing any unnecessary "remark" at his opponents. He had led the Malaysian Bar three times as its president, the first term from 1976-78, then from 1988-89 and 1992-93. He was also elected as commissioner of the International Commission of Jurists based in Geneva in 2006. The other Malaysians before him were Param himself and former Lord President Tun Mohd Suffian Hashim. Raja Aziz was lead counsel for Datuk Seri Anwar Ibrahim's corruption trial in 1998. – Bernama Hakcipta Terpelihara © 1995-2011 Star Publications (Malaysia) Bhd Source: http://www.thesundaily.my/news/76611 .

Copy Link

Recommended publications

1988 Crisis: Salleh Shot Himself in the Foot? Malaysiakini.Com Apr 23, 2008 P Suppiah
1988 crisis: Salleh shot himself in the foot? Malaysiakini.com Apr 23, 2008 P Suppiah The personalities involved in the entire episode are as follows: * The then Yang Di Pertuan Agong (the King), now the Sultan of Johor * Tun Salleh Abas, who was then the Lord President * The prime minister (Tun Dr Mahathir Mohamad, who was then Datuk Seri Dr), * The then attorney-general, Tan Sri Abu Talib Othman, now Suhakam chief. The whole episode started with Salleh writing a letter to the King dated March 26, 1988, copies of which were sent to the Malay rulers. On May 27, 1988 the prime minister in the presence of high-ranking government officials informed Salleh that the King wished him to step down (to retire as Lord President) because of the said letter. Salleh on May 28, 1988 sent a letter of resignation: the next day he withdrew it and subsequently held a press conference. On June 9, 1988 the prime minister made a second representation to the King alleging further misconduct on the part of Salleh based on his undignified use of the press to vent his grievances – such as requesting for a public hearing of the tribunal and asking for persons of high judicial standing to sit on the tribunal. On June 11, 1988, members of the tribunal were appointed pursuant to the Federal Constitution by the King. On June 14, 1988, Salleh was served with the list of charges against him. On June 17, 1988, Salleh was served with a set of rules to govern the tribunal procedure.
[Show full text]
Ong Boon Hua @ Chin Peng & Anor V. Menteri Hal Ehwal Dalam Negri
The Malaysian Bar Ong Boon Hua @ Chin Peng & Anor v. Menteri Hal Ehwal Dalam Negri, Malaysia & Ors 2008 [CA] Friday, 20 June 2008 09:11PM ONG BOON HUA @ CHIN PENG & ANOR V. MENTERI HAL EHWAL DALAM NEGERI, MALAYSIA & ORS COURT OF APPEAL, PUTRAJAYA [CIVIL APPEAL NO: W-01-87-2007] LOW HOP BING JCA; ABDUL MALIK ISHAK JCA; SULAIMAN DAUD JCA 15 MAY 2008 JUDGMENT Abdul Malik Ishak JCA: The Background Facts 1. Cessation of armed activities between the Government of Malaysia and the Communist Party of Malaya was a welcome news for all Malaysians. It became a reality on 2 December 1989. On that date, an agreement was entered between the Government of Malaysia (the fourth respondent/defendant) and the Communist Party of Malaya (the second appellant/applicant) to terminate armed hostilities between the parties (hereinafter referred to as the "agreement"). With the signing of the agreement, armed hostilities between the parties ended and peace prevailed. The terms of the agreement can be seen at p. 235 of the appeal record at Jilid 1 (hereinafter referred to as "ARJ1"). There were four articles to that agreement and the relevant ones read as follows: Article 3 - Residence In Malaysia 3.1 Members of the Communist Party of Malaya and members of its disbanded armed units, who are of Malaysian origin and who wish to settle down in Malaysia, shall be allowed to do so in accordance with the laws of Malaysia. 3.2 Members of the Communist Party of Malaya and members of its disbanded armed units, who are not of Malaysian origin, may be allowed to settle down in MALAYSIA in accordance with the laws of MALAYSIA, if they so desire.
[Show full text]
Court Allows Attorney-General to Lead Prosecution Team
08 FEB 1999 Court-Anwar (Attorney-General) COURT ALLOWS ATTORNEY-GENERAL TO LEAD PROSECUTION TEAM KUALA LUMPUR, Feb 8 (Bernama) -- Attorney-General Tan Sri Mohtar Abdullah was today allowed by the High Court here to lead the prosecution team in Datuk Seri Anwar Ibrahim's corruption trial which has entered the defence stage. Justice Datuk S. Augustine Paul, in his ruling, said in law, the attorney-general could conduct any case and no court could question his exercise of discretion to conduct cases. He made the ruling after Anwar's leading counsel Raja Aziz Addruse objected to Mohtar's appearence together with six others including Senior Deputy Public Prosecutors Datuk Abdul Gani Patail and Azahar Mohamed. Mohtar was one of the witnesses listed and offered to the defence together with Prime Minister Datuk Seri Dr Mahathir Mohamad, Tun Daim Zainuddin dan Datuk Seri Megat Junid Megat Ayob. The attorney-general, who was not required by the defence as its witness, arrived at the courtroom at 8.45am. When the court sat at 9am, he informed the court that he, as the attorney-general, would lead the prosecution team at that stage. It was Mohtar's second appearence in the trial. On Nov 30, last year, he led the prosecution team in the contempt proceedings against Zainur Zakaria, one of Anwar's nine lawyers. Anwar, 51, who was dismissed from the Cabinet on Sept 2, last year, entered his defence on four charges of corrupt practice on the 51st day of trial today. He was ordered to enter his defence on charges of using his position to interfere in police investigations into allegations of sexual misconduct against him.
[Show full text]
Anwar Confided with Igp on His Differences with Pm, Court Told
10 FEB 1999 Court-Anwar (Meeting) ANWAR CONFIDED WITH IGP ON HIS DIFFERENCES WITH PM, COURT TOLD KUALA LUMPUR, Feb 10 (Bernama) -- Datuk Seri Anwar Ibrahim told the High Court here today that he had confided with the then Inspector-General of Police, Tan Sri Abdul Rahim Noor, on the "major political differences" between him and the prime minister. He described the meeting, held sometime in early August last year, as "very critical" and that he was "very frank and open" in his discussion with Rahim. "That meeting to my mind was very critical because after sometime I was very frank and open with him. I said yes, I do have major political diferences with the PM," he said. Anwar was making his defence on four counts of corrupt practice that he used his position as deputy prime minister and finance minister to interfere in police investigations into allegations of sexual misconduct against him. Today is the third day of his testimony under oath on the 53rd day of the trial before Justice Datuk S. Augustine Paul. Anwar, 51, was dismissed from his cabinet posts on Sept 2 last year. To a question by his leading counsel, Raja Aziz Addruse, Anwar said he made the admission when he was alone with Rahim in his office in the Prime Minister's Department. Deputy IGP Tan Sri Norian Mai and CID Director Datuk Yaakub Amin had earlier left the meeting, the second he had held with Rahim and senior police offices regarding the case, Anwar said. The first meeting took place in June at his official residence, also attended by Norian and two other officers.
[Show full text]
Primary Sources
It is not good enough to say, in declining jurisdiction, that allowing a Muslim to come out of Islam would "create chaos and confusion" or would "threaten public order". Those are not acceptable reasons. The civil courts have the jurisdiction to interpret New Straits Times (Malaysia) April 27, 2008 the Constitution and protect the fundamental liberties, including the right to freedom of religion under Article 11. Let's have certainty in this law That jurisdiction cannot be taken away by inference or implication, as seems to be the argument, but by an express enactment Raja Aziz Addruse (Former President of Bar Council and National Human Rights Council (Hakam)) which says that it is the intention of parliament to deprive the courts of their jurisdiction. The Kamariah case also highlights other aspects of our justice system. When she was convicted of apostasy, the syariah court judge had deferred her sentencing to KAMARIAH Ali, one of the followers of the Sky Kingdom sect led by Ayah Pin, was convicted of apostasy by the Terengganu March 3 to give her a chance to show that she had repented. In sentencing her to prison for two years, the judge said that he was Syariah Court on Feb 17, 2008. Her long and futile legal struggle highlights the need to seriously address the constitutional not convinced that she had repented because she had failed to respond when he greeted her with Assalamualaikum at the start of issue of the right of Muslims to freedom of religion. the court proceedings. The picture of a lonely woman who has been ostracised from society, being continually harassed to repent, offends our sense of justice and fair play.
[Show full text]
Anwar's Lawyers to Take Statements from Mahathir and Daim
30 JAN 1999 Court-Anwar (Witness) ANWAR'S LAWYERS TO TAKE STATEMENTS FROM MAHATHIR AND DAIM KUALA LUMPUR, Jan 30 (Bernama) -- The High Court here today allowed defence lawyers in the Datuk Seri Anwar Ibrahim trial to record statements from witnesses offered to them including Datuk Seri Dr Mahathir Mohamad and Tun Daim Zainuddin. Justice Datuk S. Augustine Paul said the defence should use a eight-day break in the trial to record the statements, and requested the prosecution to bring the witnesses within easy reach of the defence. He allowed the request by the defence after ordering Anwar to enter his defence on four amended charges of corrupt practice on the 50th day of the trail which began on Nov 2. Defence counsel Christopher Fernando told reporters later that Anwar would be the first defence witness and he would probably be followed by Dr Mahathir. Anwar's leading counsel Raja Aziz Addruse told the court earlier that the defence would like to record statements from witnesses offered to it "for the purpose of determining whether they will be helpful before we embark upon the defence". Raja Aziz said defence lawyers had not actually gone into taking the statements from the witnesses as it would have been premature to do so until the court decided to call for the defence, and requested that the defence be allowed begin to present its case two weeks from next Monday. Paul, however, felt two weeks was too long and fixed Aug 8 to hear the defence case. In replying to the defence request to record statements from the witnesses, senior Deputy Public Prosecutor Datuk Abdul Gani Patail said the court should invoke Section 136 of Evidence Act 1950.
[Show full text]
The Judiciary and Human Rights 252525 Tion for Contempt of Court
PP3739/12/2001 ISSN 0127 - 5127 / RM3.00 / 2001:21(6) WILL THETHEWILL REALREALREAL JUDICIARYJUDICIARY PLEASEPLEASEPLEASE STANDSTAND UPUP Aliran Monthly 21(6) Page 1 COVER STORY Restoring Logic And Reason The Zainur Zakaria affair: an analysis of judicial independence by Raja Aziz Addruse & Malik Imtiaz Sarwar alaysians had, in the last MM decade or so, come to see MMM the Judiciary as an ex- tension of the Executive, if not in fact, then in appearance. This was hardly surprising when in the last decade or so, a series of events had unfolded which all too sadly seemed to point that way. Commencing with the removal of Tun Salleh from office to, more re- cently: • the conviction of Zainur Zakaria for contempt for hav- ing made the mistake of filing an application in court on the instructions of a client in a cause celebre, • the ruling by the Court of Ap- peal that no person, body or institution could discuss the conduct of a judge, good or bad, except parliament (even in the face of serious allegations of impropriety against a current Made an application to disqualify two I will not hesitate to flex every inch Chief Justice), and, prosecutors of my judicial muscle • a retirement address by the out- going President of the Court of Appeal, in which he talked of long fruitful years (as a judge) of service to the government, these events had insidiously shaped the mind-set of the aver- age Malaysian to a point where public confidence in the judiciary was at an all time low.
[Show full text]
Judicial Appointments: Who Has the Last Say
(2002) XXXI No 4 INSAF 43 JUDICIAL APPOINTMENTS: WHO HAS THE LAST SAY RAJA AZIZ ADDRUSE* The Judiciary hen Malaya (as it then was) attained its independence in 1957, it inherited Wfrom the British a judiciary that was highly respected. It continued to enjoy that reputation even after it was Malayanised and after Malaysia was formed in 1963. The judiciary became known to many parts of the world after this country hosted the Commonwealth Magistrates Conference in 1976. That Conference and other international law conferences which our judges frequently attended helped to foster close ties between Malaysian judges and judges from many parts of the world. Through their participation in these conferences and the knowledge gained from exchanging ideas with their foreign counterparts, Malaysian judges kept abreast of the latest development in the law. Though generally regarded as conservative the judiciary had a reputation for independence and impartiality. Judges were looked up to as persons who were fair and just. The public held them in high esteem. There was never any accusation or suggestion made that any of them was corrupt or in any way dishonest, or had been improperly influenced in giving a decision. As with any other judiciary, judges made errors in their judgments; but judgments were carefully scrutinised on appeal to the Federal Court (then the intermediate appellate court). A party who still felt aggrieved could, subject to leave (if required) being obtained, appeal further to the Privy Council which was the final appellate tribunal. But such was the care taken by the Federal Court in dealing with the appeals that came before it that fewer and fewer litigants were appealing against its decisions to the Privy Council.
[Show full text]
24 September 2014 | Wednesday
DAY 1 | 24 September 2014 | Wednesday 07:30 - 09:00 Registration 09:00 - 09:15 Introduction 09:15 - 09:30 Welcome Address by Christopher Leong, President, Malaysian Bar 09:30 - 10:00 Opening Address by The Right Honourable Tun Arifin Zakaria, Chief Justice of Malaysia 10:00 - 11:00 Keynote Address: The Practice of Law: A Vocation Survives Amidst Globalisation Speaker: The Honourable Geoffrey Ma, GBM, Chief Justice of the Hong Kong Court of Final Appeal Moderator: Steven Thiru, Vice-President, Malaysian Bar; Partner, Shook Lin & Bok 11:00 - 11:30 Coffee Break | Taman Mahsuri 11:30 - 12:45 Plenary Session 1 | Taming Sari 1, 2 and 3 The Federal Constitution of Malaysia after 50 Years — What the Future Holds The Federal Constitution of Malaysia reached its half-century mark last year. What is in store for Malaysia in the future? Will we observe a continuing downward trend, particularly in terms of protection of fundamental liberties as enshrined in the Constitution, or are there signs of better and more progressive things to come? Fifty years on, how have the Courts in their decisions stayed true to their oath to “preserve, protect and defend its Constitution”? Speakers 1. Datuk Dr Cyrus Das, Partner, Shook Lin & Bok; Past President, Malaysian Bar 2. Tommy Thomas, Partner, Tommy Thomas 3. Dr Azmi Sharom, Associate Professor, Faculty of Law, University Malaya Moderator: Firdaus Husni, Advocate & Solicitor, Chooi & Co 12:45 - 13:30 Networking Lunch | Taman Mahsuri 13:30 - 14:45 Breakout Session 1 Stream A | Taming Sari 1 & 2 Stream B | Taming
[Show full text]
Thirtieth Anniversary of the 1988 Judicial Crisis: Lessons About the Importance of Judicial Independence and Impartiality
RAJA AZIZ ADDRUSE MEMORIAL LECTURE 15 August 2018 Royale Chulan Kuala Lumpur THIRTIETH ANNIVERSARY OF THE 1988 JUDICIAL CRISIS: LESSONS ABOUT THE IMPORTANCE OF JUDICIAL INDEPENDENCE AND IMPARTIALITY Shad Saleem Faruqi Tunku Abdul Rahman Foundation Professor of Law, University of Malaya. Thank you Mr. President George Varughese, My Lords, Your Excellencies, Honourable Ministers, distinguished guests, and fellow members of the legal community. We are all here to honour the memory of Raja Aziz Addruse who illuminated the Malaysian legal profession with a warm glow for many decades. His steadfast morality, reasoned voice, and courageous leadership steered the Bar through many turbulent times in the 70s and beyond. His legacy lives on and is evidenced in the many principled positions that the Malaysian Bar continues to adopt on issues of rule of law, democracy and human rights. I wish to say this at the very outset that in the last nine years while institution after institution, including some elements in the judiciary, were successfully coopted by the political executive to do its bidding, the Malaysian Bar along with a few other NGOs, continued to provide dykes against the tide of authoritarianism. For that, Mr. President, the entire citizenry owes the Bar Councils of Malaya and of Sabah and Sarawak our deepest gratitude. ROLE OF THE JUDICIARY The judiciary occupies a central place in Malaysia’s constitutional set-up. The Constitution envisages a rich variety of functions for the courts to preserve the rule of law and constitutionalism in the country. Judges are under oath to preserve, protect and defend the Constitution.
[Show full text]
ASIAN EXCHANGE Vol
( t f1)~~ffm ®ill®llilf1)UO~JB ~ Vol. 20, No. 2, 2004Nol. 21 No. 1, 2005 ;;!- The Asian Regional Exchange for New Alternatives (ARENA) is a :a regional network of concerned Asian scholars and activists which aims -V\ -z: to contribute to processes of meaningful and people-oriented social ~ change. Noting the new global climate of insecurity that has been· V\ ushered in by the escalation of war and militarism, ARENA has ;;: MILITARISING ...... embarked on a new multi-pronged peace programme that seeks to : ...1"1"'1 . V\ • change the conception of security from national security towards a 0 I""\ STATE, SOCIETY more people-friendly paradigm in protection of people's rights, 1"1"'1- ..... livelihoods and security; < and • show how militarised notions of security contribute to and ::.:::-z: CULTURE inA influence security arising from peoples and states; and c I""\ • introduce alternative approaches arising from people's perspectives. c !:i c ARENA believes that the current crisis of 'security' has given rise to a .. :a political moment which calls for an alternative vision and agenda for 1"1"'1 peace. In this spirit, ARENA hopes to articulate a 'social critique' that -z: inspires new visions and political imagination. ::.:::-V\ -••::.:::- :aI""\ --t -I""\ ::.:::-~ ""'C:J 1"1"'1 :aV\ ""'C:J !l1"1"'1 <- 1"1"'1V\ Militarising State, Society and Culture in Asia: Critical Perspectives Asian Regional Exchange for New Alternatives (ARENA) HoNG KoNG • 2005 ASIAN EXCHANGE Vol. 20, No.2, 2004/Vol. 21, No. l, 2005 ISSN 0256-7520 Asian Exchange is published
[Show full text]
Bar Auditorium Renamed After Raja Aziz Addruse Malaysiakini.Com October 29 ,2011 It May Have Been Three Months Since Prominent
Bar auditorium renamed after Raja Aziz Addruse Malaysiakini.com October 29 ,2011 It may have been three months since prominent lawyer Raja Aziz Addruse passed away, but his contributions to the Malaysian Bar and the advocacy of human rights were further recognised today when the auditorium of the Bar Council was renamed after him. The event was witnessed by the Yam Tuan of Negri Sembilan, Tuanku Mukhriz, and his consort Tuanku Aishah Rohani. Tributes, accolades and words of appreciation further poured in during the private ceremony which was also attended by the late Raja Aziz’s widow, Catherine Addruse, and their two daughters, Raja Azrine and Raja Adeline. Raja Aziz (left), who passed away suddenly at the age of 75 on July 12 after losing the battle against cancer, was described by many and will always be remembered as a towering Malaysian. Despite being small in build, soft-spoken, quiet and unassuming, Raja Aziz is described by many of his peers today, including former Chief Justice of India Justice JS Verma, as a giant in advocating human rights. He is the only Bar Council president to have had held the post three times - 1976-78, 1988-89 and again in 1992-93. During the three occasions, as noted by present Malaysian Bar president Lim Chee Wee in his speech, were when Malaysia faced turbulent times as an emerging democracy. In his 1976-78 term, Lim said Raja Aziz led the Bar Council to oppose legislation where judges must impose the mandatory death sentence for various offences without allowing them the opportunity to choose other alternative forms of punishment.
[Show full text]