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Thursday, May 14, 2009

The Tree Injunction - an opposite view from someone

I received an e-mail today. It bears no name of the sender. But the e-mail address of the sender is hafa_law@........com. I do not know who the sender is but I note that "hafa" seems to be the first part of the name "Hafarizam". Hafarizam is of course one of the the lawyers acting for Zambry or any one of the parties who were pro-BN (I must confess that I can't really remember exactly who he was acting for in the "tree injunction" case and so I stand corrected on this).

(Note: Hafarizam has denied that it was him who sent me the e-mail in question and that he was the author of the document attached in that e-mail. Please see my post script for a full explaination.)

The e-mail contained an attachment. The sender said "Please read as per attached. Publish it inside your blog if you dare." I have read and I am going to publish it here. I just don't understand why the dare was thrown. There is no necessity for the dare. Feel free to send any article or post to me any comment. Rest assured I will publish it.

For the record, I don't practise censorship. And my intention of having this blog is to create awareness and promote discourse. As long as the post or comment is not inflammatory or wrongful under the law, I would publish it. No problem.

I have replied to the said e-mail asking who the writer of the attachment is but I have not got a reply. And I can't verify whether the e-mail was sent by Hafarizam. I will publish an addendum as and when I receive a response to my query.

For the time being I am publishing the attachment to the said e-mail verbatim and as I received it without any edition of any kind. I don't even format it, lest I be accused of tampering.

The attachment reads as follows.

Quote:

"Mr Art Harun,

It would appear that you are not, only an Advocate and Solicitor for 22 years, but a misguided/one track minded and lack of judicial appreciation. Why I say this is simple and in its simplicity is:

(1) The under the 'tree' meeting purporting to be a sitting of the Perak Legislative Assembly is not constitutionally sanctioned but His Majesty the Sultan of Perak. You would recall that the 3rd Sitting of the 1st term of the Perak Legislative Assembly was ‘prorogued’ (diberhentikan) in late November 2008. It was not ‘adjourned’ (ditangguhkan) as the Mr Vice-President o Bar Council akin to Parti Keadilan Rakyat (just that he does not have the balls to enter politics!) Ragunath Kesavan said! To Ragunath, leave/resign from Bar Council, go and contest! (Sorry for the distraction but had to put records straight).

Now, back to what I said earlier, under the Perak Constitution, any meetings of the Assembly needs to get His Majesty the Sultan of Perak's consent (read the Perak Constitution, if I’m not mistaken Article XXXI, but hey find it yourself!). This is commonsensical since His Royal Highness is the Head of the State and under His Majesty's Government, there is the Executive headed by the Menteri Besar and Legislative headed by the Speaker. That is why, in every envelope letter that goes out from either offices, it will have the printed 'Urusan Seri Paduka Sultan'! In England, it is 'Her Majesty's Government's Affairs'. Why is it that in England people can accept/respect such privileges by Her Majesty but here on the contrary? Even Tommy Thomas when he was in chambers that day didn’t have any answer to that! Why, because he knows the Speaker has acted ‘ultra vires’;

(2) The summoning of the 'tree' meeting is nothing but a fait accompli (in English, a done deal) with respect to ousting the 3 brave ADUNS who declared independent (although they support BN, so what, in England LDP led by a once gay leader switched support to either Conservative or Labour1) from attending lawfully convened (I mean here with His Majesty's consent/gazetted in the State Gazette) Perak State Legislative Assembly. Why this is is simple and clear is;

(a) That on 1/2/2009 the Speaker, acting under his own whims and fancies with total disregard to law (or better still in the words of YB Lim Kit Siang when he once said that BN 'rule by law' rather than 'rule of law' but paradoxically, the DAP Speaker is now 'ruling BY law' by usurping (for want of better word) the powers and jurisdiction of the Election Commission to establish whether the 3 seats were vacant casually by virtue of 3 resignations. Please read (and before you start to further confuse others) Article XXXVI(V) of the Perak Constitution which the operative words here is "...it is established by the Election Commission..." and read together with Section 12(3) of the Elections Act, 1958 (also operative word is similar to the earlier Art XXXVI(V); (b) Compounded further, or better if I say clouding the issues by the filing of OS for declaration by Messrs Chan & Associates (it only 3 pages mind you! and without 'fiat') and with no AFFIDAVIT IN SUPPORT AND CERTIFICATE OF URGENCY and later on, two days ago (5/3/2009), filed a notice of discontinuance (suprisingly but expectedly). This act of filing and then discontinuing is an act of cowardice! Mr Chan KK you really have a lot to explain the abuses you have done to the Honorable Court!! Surely, this is to exclude the 3 ADUNS (Behrang/Changkat Jering/Jelapang) from attending a lawfully constituted meeting of the Assembly! Looking at this strategy, one would not fail to notice that it is a fait accompli to exclude the 3 ADUNS!! If the Speaker is so immune and brave, face it like a man (like how Hafarizam faced Tommy Thomas & Ors and got them 'ousted' from acting on behalf of the Speaker on 3/3/09! You would be joking to insist that to have any Advocate & Solicitor to simply act for the Speaker when, in this case, Tommy Thomas was one of Anwar Ibrahim's lawyer! Will he (or any lawyers like Philip Koh, Chan KK & Augustine) act and argue independently as the Defender of the Perak Constitution as sworn under the Perak Constitution (like the State Legal Adviser of Perak)? That is the joke of the century! To play to your gallery, why then Haji Sulaiman objected streneously to YB State LA acting for YAB Menteri Besar Dato' Dr Zambry in the KL High Court Suit No 25-25-2009 (shameful/sour grapes Nizar vs YAB Dato’ Dr Zambry)!! Come on Art Harun, you can’t have 2 rules of the game for a football match. Either you play football or handball!

(3) Like Hafarizam said, 'Mesyuarat bawah Pokok hanyalah tinggal mesyuarat bawah pokok' is also another fait accompli doen by the DAP Speaker with respect to ousting/check-mating/preventing/excluding YAB MB Dato Dr Zambry & his 6 EXCOs! Why:

(1) On 18/2/2009, the Speaker heard/presided & decided on his own self and with complete folly (of course being advised by his Esteemed Counsel, Chan KK (or maybe T Thomas) suspended MB Dato Dr Zambry and his 6 EXCOs for them swearing in as MB & EXCOs when His Majesty has decreed so (isnt this a 'back' door way...reminds me of Anwar Ibrahim here!). The propagator to this ‘suspension’ which, I contend, unconstitutional/unlawful/’ultra vires’ is non other than from YB Wong Kah Woh (ADUN Canning but I think he should be ‘canned’ instead for such disgraceful act & conduct unbecoming of an ADUN) who happens to be a lawyer but unfortunately without reading carefully, maybe because he didnt pass his July Paper for the CLP Exams (or whatever you called it), the Standing Orders (especially Order 72(2) which specifically says "...Jika Dewan tidak bersidang..., hendaklah melaporkan kepada Dewan"; Bear this swift/fast action nothing like an act of desperado Mr Art Harun: Complaint was filed on 13/2/2009 (am) and Rights and Privileges Committee immediately convened and sat in the evening of 12/2/2009 and on 13/2/2009 the ‘lunatic’ Speaker under dictates of Chan KK & Philip Koh issued Summons to appear before the Right and Privileges Committee on 18/2/2009 and on the same day (the Speaker, on his own self without referring to Dewan Negeri since the Dewan is not in sitting [under Art 72(2) of the Standing Orders) suspended MB Dato Dr Zambry for 18 months and EXCOs 12 months;

(2) Not only he is abusive but also evasive, the Speaker disregarded the complaint to Rights and Privileges Committee which he chairs by one BN YB Zahir (EXCO) against the Speaker for his abuse of power who until now when for YB Wong Kah Woh he can do it almost the same day has not called for Committee meeting! Is not this double-standard!

(3) By the way, on 5/3/2009, Public Accounts Committee of Perak (Chaired by YB Wong Kah Woh, familiar rite? Yes! He is the complainant which got the MB & his 6 EXCOs suspended through his swift/fast action accelerated by the Speaker) called MB Dato' Dr Zambry but on the wise advise of Hafarizam (I think) didn’t attend because its another waste of time (also because Erskine May Parliamentary Practices say at page 784 “you cant summons PAC meeting when the House is not in session although you can travel”).

So, Mr Art Harun, whats the cumulative effect of this!! The 'tree' meeting has technically though not intelligently ousted the 3 ADUNS and also the MB and his 6 EXCOs from being able to attend any Assembly unless (which is being done by Hafarizam’s lawyer):

(1) an injunction is obtained to stop the Speaker from acting as a lunatic further (remember the English song, 'the lunatics have overtaken the asylum');

(2) a declaration is sought to nullify the Speaker's act in declaring the 3 DUN seats are vacant (suit no 24-237-2009, please do a file search and you'll agree to correct your statement earlier that Hafarizam & Co should have filed it); and

(3) anor declaration to nullify yet another lunatic act of suspending MB Zambry & 6 EXCOs (suit no. 24-247-2009)! Why is this not highlighted by you all here? Oh yes, i forgot, this is because Chan KK (who is on panel of BSN...thats UMNO related Company. maybe the firm where he is now with should be removed from the panelship, after all its a fully Chinese firm (not helping the Malays) and Mr Philip Koh of Mah-Kamariyah... (is this another 'Ali Baba' firm using Malay name to get work from GLCs when able/strong Malay firms find it so hard to get work from Public Bank (any other Chinese banks/companies that you can surely imagine) but when Maybank sets conditions of 50% Bumi partners to qualify for panelship the whole nation goes berserk! Dont you all, Malays, out there notice what/how you have been played out?? Go to Mid-Valley, One Utama, and Pavilion etc; find me 5 Malay shops that are still in operation (the last of the 'Malay' Mohican being Kelantan Delights but being unfairly treated by KLCC). What meritocracy you are talking about! Its neo-ultra Chinese dominance, don’t you think so! Got carried away but I have to state my mind clearly coz you blogs seem to get support from my own race! Sad that you are becoming another “Patek Mohon Derhaka Tuanku”!

Please read the cases of Datu Amir Kahar (1995); distinguish the case of Stephen Kalong Ningkan (1988) and read the ‘effects’ of an undated resignation letters in Datuk One Kee Hui’s case (just go to cljlaw and search for it or you need to be told since your 22 years of practice is just ‘Ali Baba’ partnership!). I can’t give you more because it is useless to talk to a lawyer who ‘confused’ others.

Finally, I dare that you post this write up on your blogs so that readers can have a balanced view!! I’ll visit you blog when I have the time to see how far your bravery is!" - end quote.

My reply is:

I am not in an Ali Baba partnership. I don't know why the writer states so. How does he know anyway? Probably he knows because he is used to such partnership.

Secondly, the case of Amir Kahar is not applicable. You want proof of that? Well, just read the High Court judgement in the Nizar v Zambri case. I have held that opinion all along. Amir Kahar is based on a different set of fact.

Thirdly, as for your urging Ragunath to enter politics, could you write to him personally. But I don't understand your call as such. You mean to say only politicians can talk about politics? Ordinary citizen can't, huh? I have received that kind of remark also before. The thing is, is it wrong for an ordinary non-politician citizen to comment about politics? Must he or she enter politics and run in an election first before he or she is qualified to do so? So before I could have sex, I must be a porn star first, huh? Or before I could write, I must be an author or writer first? How?

Kind regards. Keep it coming. It is good for the public to read both side of the views.

Thank you, whoever you are.

Post Script:

I contacted Hafarizam's office and requested to speak with him. He was not in and I left a message as well as my mobile number. He later contacted me and we had a cordial conversation. I told him of the e-mail and the document attached to it. He said he will read my blog. He text me later to advise the followings. The e-mail address is in fact his office general e-mail address which is used by all the staffs. He denied sending the e-mail to me. The document attached to the e-mail, which I reproduced here is not authored by him. He suspected the document was authored by one of "the attachments students that assisted" him in the tree injunction matter. He however subscribed to the view that that tree assembly was illegal or invalid. However he does not agree with the personal attacks in the document. He will clarify this in his blog when he has the time. His thoughts on the tree injunction matter, the 3 ADUN and their suspension can be found on his blogs at www.puu-umno.blogspot.com .



83 comments:

Anonymous said...

Art,

According to this website (http://mol.matrade.gov.my/application/meod.nsf/profile?OpenForm&id=13853), the email of HAFARIZAM & CO ADVOCATES AND SOLICITORS is hafa_law@streamyx.com

animah said...

Art, this was so hard to read. His language is all over the place and he doesn't make much sense. I stopped reading part way. Anyway, he makes himself look like a total idiot. And I shudder to think this comes from a lawyer.

Anonymous said...

This lawyer defending Mandella Ghandhi Zambri must be disputing the findings of the V.K. Lingam scandal and thereafter the Royal Commission findings that our courts have been severely politically compromised so much so that the dearth of genuine foreign investors will only invest in Malaysia provided there is independet arbitration in Singapore or elsewhere. So much for the trut in our judiciary. This lawyer also supports the fact that Anwar brutalised himself and that the findings of the Royal Commission that it was none other than the Ketua Polis Negara who was at fault. This lawyer rightfully should have represented Malayisa in the Pulau Batu Putih arbitration dispute where we lost the price and jewel of Johore that is pulau batu putih and the strategic EEZ around it,which Singapore can now use to built artificial islands it much needs. My suggestions to legitimate Pakatan MB Nazri is to appoint V.K.lingam to represent him becuse V.K. has 99.9% success rate in local adjudications.

Anonymous said...

ha ha ha hafa...you dont have balls, at least a soft ball.
you are a lawyer, licking the wounds of a dying dog.

try to wrap a strip of c4 around your balls and ignite,,,,,,if you dare....

Anonymous said...

Yes I agree with Animah,

Where did this clown study english. I never seen such a poor and incoherent piece of article and this guy calls himself a professional lawyer. Art Harun, I suggest you send this email to the Bar Council Editorial committee and ask them to vet the syntax errors, grammatical errors, spelling errors and finally a total lack of flow and coherence.

Malaysia Boleh!

Anonymous said...

Art,
I thought you are an artist but glad to know you are a lawyer and was not frigthened by your " fan ". By the way, your english is better than many english speaking people and god bless you lah ! If only your fan knows that since many cannot get government contracts / projects, they have have open shop at midvalley etc and pay rent thru their noses, and if profit pay tax to keep the "spin" going round and round.

Anonymous said...

I can read his mind. He is a racist lawyer typical of AMNO!

Fi-sha said...

Ooooo what a sour grape that anonymous sender is, kesian. Gosh, Art, he's using your blog to publicise himself? OMG! What a cheapskate, no-ball guy!

Oh, yes, we normal, right-thinking people don't read crappy blogs and MSM. Poor chap...

Anonymous said...

Typical unintelligible lawyer speak (with due respect to other better lawyers). Lost the flow in the first 50 words and stop reading. Not only is his language all over the place so is his thought process. I think his family and colleagues ought to be careful with this guy.

michael said...

Another UMNO stereotype.

It's always the my race versus your race mentality and if you stand together with a fellow Malaysian of a different race for the sake of justice and righteousness, you must be a traitor to your own race.

The writer of that letter is probably a standard product of BTN.
What a jerk !

Nanda said...

Qoute:
Got carried away but I have to state my mind clearly coz you blogs seem to get support from my own race! Sad that you are becoming another “Patek Mohon Derhaka Tuanku”!
Unquote.

I really don't understand how can one go on a tangent in regards to race in this matter. Jeez man, why does it have to be race, race, and race?

"So before I could have sex, I must be a porn star first, huh?"

Boss, why you put ideas into their head? Macam ni, a lot of us cannot get laid. Bukan senang nak jadi porn star yang berkaliber lagi bertauliah. Not many can compete with mandingos.

Anonymous said...

Art

I have read the said email 3 times and I get more confused each time.I agree with animah and Anonymous 14:14 that the author has no sense of syntax, flow or coherance. Lord help Malaysia if this is the product of the legal profession. I take comfort that there are lawyers like you, Haris and Imtaz.

I suggest the author go back to school and take up English Grammar and How to write proper English 101. Maybe he should have written in Bahasa Malaysia. It would have then saved me the time and effort to have to read such garbage. My Bahasa has already "kembali cegu" long time ago.

I sincerely hope he is not a lawyer. I cringe to think some poor unsuspecting clients would end up with such a moron.

Anonymous said...

To whoever that person is:

Get yourself an English tutor. Next time if you feel comfortable using Bahasa Malaysia, please do so because you English sucks. Don't act like a professional, as if you are from the Legal profession because you don't sound like one.

Hamba said...

Typical of UMNO spin and spinning people. Their desperation to make something haram looks and smells Halal just came out as a lawak bodoh. At least Black Adder has a very high IQ in his machination only to be thwarted by his imbecilic dogsbody Baldrick. But for UMNO they are the imbecilic moron thwarted by their own stupidity and greed. The end is near for UMNO, I can feel it.

Anonymous said...

Hi Art Harun,

Care to give your opinion on his arguments? I would love to listen to your side of argument.

Do give us the readers the balanced view.

Anonymous said...

Dear Hafa,
We are used used to posting and reading dissenting views, we are used to be fed with all the 1 way nonsense printed in MSM and TV and we argue it online. Unfortunately its people like you and BN goons are afraid of posting Dissenting comments.

For us there is no reason to block emails which originates from ppl like you. It is because we openly discuss and argue both side of story. And whenever we do that we end up realising how shallow and pathetic some of your arguments and justifications would be.

Sumay (who dares to publish this) said...

Art, again he is playing the race card. Suria KLCC is a business entity and I know that every month, tenants are required to submit their sales statement to the management office. It doesn't matter if you can pay the exorbitant rent but KLCC only wants retailers that are desirable to shoppers. Unfair? well it is located at the bottom of a world famous building and so if we are to maintain a world class standard to attract tourists and shoppers, culling the underperformers isn't so bad is it?

Anonymous said...

OMG, with this standard of writing how is he going to convice any one unless the other person is convinced before even this guy opens his mouth...


So you can guess what happened when the proceeding is heard in "camera"

pheedom said...

Actually, I beg to digress with the author, the challenge should be for him to identify himself and back up his views... why the need to remain anonymous?

Anonymous said...

And btw, your article typifies what i can get from an UMNO symphetizer. Blatant racism.

Public Bank, Mid valley, one-utama is not my goverment. They are merely corporations which makes profit. Although morally it is not right, legally its not their job to hire a specific race just because there is few.

I can bet if you own a firm yourself, you will have majority if not all of them from your race. But who am i to complaint? Its not my firm. Get the logic?

If you are not happy with public bank or even hong leong bank because they hire so few of your race, then dont be their customer. Simple isnt it? There is bank bumiputra, bank rakyat etc etc. So why you are angry with Public Bank but silent on the other banks?

As a government, you do not fight Racism with Racism like what BN/UMNO is doing. You come up with laws to reduce racism, and promote multiculturism in work place.

All those Chinese who work and owns in public bank are paying tax just like you and me. Mahathir once said 90% of tax revenue are from chinese. And their tax are being used to build your mosque, provide scholarship, pay civil servants and give cronies contracts.

Lastly, the chinese are doing well because they work hard. So if you want to do well, you need to work hard and be cometitive too. Unfortunately NEP have only created a group of Malays cronies dependent to government contracts where they get overpaid for poor quality deliveries. NEP forgot to train them to work hard and be competitive.

Anonymous said...

What this Hafa fella trying to say ??? really confusing ?? I don't even bother to finish reading the whole article.

Hafa..please go back to law school and study again lah, the way you present your arguments are horrible.

Sounded more like a gangster than a advocate !!

Hafa (no substance)= another product of UMNO

Dakis.

Anonymous said...

Written by a lawyer, huh?? I, like the most of your readers here, stopped reading after 2 para - why? Bad English and incoherent writing. This guy needs to ga back to school and learn how to write again. Sorry to say that the so-called facts are all over the place, it's like the typical UMNO talk.

In the end, non-comprendo!

EddyCow said...

Why ar?
that HAFARIZAM don't have balls to state that he is the one write this article.

Anonymous said...

it is useless to talk to this guy, and hopeless to make him understand the perak crisis.

Anonymous said...

i stopped reading the minute he said 3 brave duns????...two of them facing corruption charges and one a liar to the core.....yes it's the mistake of DAP and PKR to have selected them in the first place, but see how mahatma camry kadeer welcomed this filth with open arms....guess birds of feathers flock together..cheers

Anonymous said...

It would be a lot more interesting read if the writer did not peppered his own biased opinion all over the article and just stick to whatever "fact" he believed is right.

And what's with the "I think it's this Article XXXX (go look it up yourself"? Aren't the writer here presenting his side of view?

After reading half-way through, I just can't stand all the name-calling and low-blows. Sure made me doubt his ability to present his case in court in a matter-of-fact manner.

Anonymous said...

Dear Haffa,
I think you should write it BM, so your message is very clear. Sometimes its boring listening to single sided view,

….Go to Mid-Valley, One Utama, and Pavilion etc; find me 5 Malay shops that are still in operation (the last of the 'Malay' Mohican being Kelantan Delights but being unfairly treated by KLCC). What meritocracy you are talking about! Its neo-ultra Chinese dominance, don’t you think so!....’
Come on lah!!! You are saying you need to be spoon feed forever?
Every malay should put their best effort to compete in business, not expecting quota and government support. I believe those none malays are doing so, I have seen so many of them mortgage their property to start a business. How many malay’s do that?
The best answer will be, stop being Malay and be a good Muslim and Malaysian.

Anonymous said...

OMG, I can't imagine this is coming from a lawyer. How did he become one! Can't understand what the H*** he's saying! I gave up reading after the first two para. Can anyone decipher what he's saying for the rest of us?

Anonymous said...

He calls them 3 brave ADUN. What a joke. 2 charged for corruption and the third carried pepper spray into the assembly. Give me a break man

Anonymous said...

Art.
His claim to be a lawyer should be treat with the same derision as would be his claim to be a student of English.
A pathetic attempt to justify the unjustifiable in the manner of a first year scholar.Utter drivel.

Richard Cranium said...

I take offense at a number of things this Hafa fellow said:

1. First, animah was right.The prose was all over the place. His England not very good, for a lawyer.

2. That BSN is a an UMNO related Company.Really? I thought the Bank was a government-linked company, not a political party bank. Yes, I forgot. Everything the government of Malaysia owns belong to Umno.

3. That there is a double-standard in the rights & privileges committee.Touche, brother. Granted, two wrongs don't make a right.

4. Turning his rant to use the race card.Again, brother? Don't Umno get tired of this?

5. Asking Bar Council president to run for elections?How about you as well, Hafa?

Anonymous said...

Art

What difference to read Justice NH Chan's article in http://blog.limkitsiang.com/2009/05/14/even-when-you-do-the-right-thing-it-is-still-wrong/ and the email that moron sent you.

Chalk and cheese comparison. One is articulate and flows with logical thinking and the other is utter garbage. I guess why one is a judge (or retired judge) and proud to show his name while the other would not disclose who he is.

John Khoo

Anonymous said...

I am not a lawyer but purely a business man. If this kind of human/lawyer is in the street i will spit on him for being racist.. And the worst thing is did he ever study english before??? Did anyone understand what he say beside saying chinese dominate the economy?? Without chinese there is NO ECONOMY in Perak DUH...

Anonymous said...

The ghost of 513 cannot be completely exorcised as long as we still have this kind of racists around

crozz said...

Well one thing for sure is that everyone who is affiliated to UMNO/BN believes the public is close minded for insisting pure justice to be done without compromise. Honestly, this is a country where we have evil men who insist on making black white and white black...i.e. yang haram dihalalkan, yang betul dipersalahkan. I think such people have lost their souls and are twisted to a point where they can't and won't tell right from wrong.

Anonymous said...

My 2cents view.1 What do u aspect from those graduates that enter the U even when they only get 3rd grade in SPM or 5Ds' in STPM( I assume this idiot has at least 20 years experience in law.
2.About the English, it is well known how good their english are.It is not surprising that some judges couldn't comprehend simple english not to mention the constitution and other legal books.
3 If you really brave and stand by your stance, then reveal your good/ bad self so the people will know you.In my case, If I know you I will avoid having any dealing with you or your firm.

I DARE YOU AS YOU HAD DARE OTHERS.

REVEAL YOURSELF.

Anonymous said...

Hafa, or whatever your name is, fix your English before you write such a long email. Also, check your facts with a good lawyer before you give out opinions.

Alice

Izzshah said...

Typical PR supporters comments, rundown the sender (englishlah, racistla, BN, UMNO etc. etc.) and avoid the arguments... piiiraahh..
Don't you want to rebut the arguments ART??

Anonymous said...

So bitchy one!

Can even comment on how fellow lawyers didnt pass their CLP July paper... Tak berkenan langsung...

My favorite is the persistence of the run on sentences,macam stream of consciousness style writing,probably due to great agitation. haha!

No blogger ID. Name is audrey

tsunami said...

Mr. Art harun, good afternoon.

This lawyer might be a "loyer buruk". I remembered reading one article about one law lecturer being sacked by her university because there are lots of "lawyers" who failed cos their performance are below par. In other words not fit to be a lawyer except in a "Badminton" or "tennis" Court of malaysia. He might be one of those failures... what a lawyer..

animah said...

Izzshah,

Perhaps you can try and figure out what the Hafa author is saying and let us know in a concise manner. Then Art (and the rest of us) can attempt a rebuttal.

This is why English and the manner of presenting an argument is important. So that your audience understand what you (in this case, Hafa) are saying.

If a writer merely rants and raves (which he appears to do at times), then it is hardly worth engaging in a debate. For a meaningful debate, clear and rationale grounds should be put forward.

tsunami said...

Mr. Art. Looking at the positive side or the other side of a coin this so-called lawyer is actually following your blog. We give and tutor free english session.

Keep it Mr. Art.

evilcooler said...

Dear Art,

I stopped reading his piece at "..but a misguided/one track minded and lack of judicial appreciation.." For a learned person of my standing, I would not tolerate such bastardised English in my presence.

Snobbish I may be, but the notion of fair and justice holds dear to me and it definitely takes more than a slippery glib tongue of a poor English speaker than this fella to convince me otherwise in the Perak constutional debacle.

Until then, stay true to your heart and do remind yourself that the evil regime of BN can only go so far in this easily accessible, unbiased information superhighway called the Internet era.

Regards.

Anonymous said...

hafa_law@streamyx.com is register under PERTUBUHAN KEBANGSAAN MELAYU BERSATU... go figure...

evilcooler said...
This comment has been removed by the author.
Anonymous said...

Me too a lawyer.

I have no comment on your English because mine might not be better than yours.

I have no comment on your views as everyone is entitled to one.

BUT, I got strongly offended when I see a bloody RACIST lawyer (are you?) using such a substandard language while addressing to another fellow lawyer!

I always refer other lawyers as my "Learned friend", be he/she is as stupid as YOU!


Congrats Art,

You become a DARE person by simply publishing his email which the UMNO people would never dare to do!

p/s: I am a Malay but I HATE NEP. What do you think?

Anonymous said...

Art, does what he/she says makes sense in the case ? If so please do reply. I am interested to know but layman terms, pls. I also don't understand why he/she brought up race matters when argueing this case ? Is it related with this case anyway ????

Confused

Anonymous said...

great to know the only shop that withstood the 'chinese neo-colonisme' in klcc is selling kelantanese stuff. no wonder kelantanese do not vote for BN, they do not need crutches/subsidy to compete

Anonymous said...

seriously..don't understand and not that convincing whatever you try to prove or said here.

Anonymous said...

Patek Mohon Derhaka Tuanku Hafa.

i am surprised so many of you had trouble understanding Hafa's writing.
let me help you out.

hafa says:
the whole world owes me a living. why? because i am malay.

NutzeyWagen said...

Wa lau eh! Lu Loyar buluk MahaBadut halam Pelak ah? Lu ini balua amnoh kah? Gua misti talak ambik lu jadi loyar gua loh! Tak boleh pakai mah!

Kalau engkau tidak fasih dalam bahasa asing, gunakanlah bahasa ibunda engkau.

Menyampah betui hang ni!

FYI, I'm NOT of your race but all my workers ARE of your race, and I train them personally, each and every one of them, and impart upon them all my knowledge and skills. No holding back, come rain or shine! CIAO!

Anonymous said...

here is another failed government experiment.

he has OVERTAKEN the asylum and is heading towards the umno building where he will have the company and comfort of other lunatics.

Anonymous said...

such a waste of time reading it!!

erniejean said...

My mind drifted off after his 2nd para.....he is obviously trying to cover up his lack of intelligence with the legal jargon......

Art, I think one would be wasting one's time trying to talk sense into the likes of these people.......Their senses are too corrupted by their love for money.

art harun said...

Guys and gals,

I have added a post script to the post to include Hafarizam's side of the story regarding the e-mail I received.

"Post Script:

I contacted Hafarizam's office and requested to speak with him. He was not in and I left a message as well as my mobile number. He later contacted me and we had a cordial conversation. I told him of the e-mail and the document attached to it. He said he will read my blog. He text me later to advise the followings. The e-mail address is in fact his office general e-mail address which is used by all the staffs. He denied sending the e-mail to me. The document attached to the e-mail, which I reproduced here is not authored by him. He suspected the document was authored by one of "the attachments students that assisted" him in the tree injunction matter. He however subscribed to the view that that tree assembly was illegal or invalid. However he does not agree with the personal attacks in the document. He will clarify this in his blog when he has the time. His thoughts on the tree injunction matter, the 3 ADUN and their suspension can be found on his blogs at www.puu-umno.blogspot.com ."

BC said...

Aminah (14:03) took the words out of my mouth.

As a retired teacher (now a farmer) I wonder if I had failed. A lawyer, huh? He is so emotional and lacks direction in his argument. Too muddled in his thinking and I would give him at best a C for the paper.
To his parent/guardian, I would write..."Too much deep seated hatred. Has an unquoth mind. See the matter relating to Anwar...a totally unrelated point.

What the heck led him into talking about Midvalley and lack of Bumi participation? And he even has the gall to ask in the same breath if that was meritocracy in practice...errr, yes, who ever are the better ones survive in a dog-eat-dog world governed by the rules of meritocracy. Not like osme lawyers who depend on GLC jobs for their survival. Ouch!!!

So is there a BIG wonder now that (among others) he could have terribly misread the Perak Consitution with respect to the EC establishing of a vacancy in the SLA of Perak, I stand corrected if I too have missed the essence of Article XXXVI(V)but hey I am no legal eagle. Not a chicken even!

It has been established that the operative word here is "established" in "...it is established by the Election Commission..." BUT could it be also that the meaning one should take is the same shade (nuance) as the third one listed in the New Oxford Dictionary of English pp 629 which says...
3. show (something) to be true or certain by determining the facts.

To my mind, the EC's role is just to verify that there is now a vacancy and it is now the JOB of the EC to get going the MACHINERY of holding a by-elections. NOT to usurp the powers and authority of the Speaker of the SLA of Perak.

And just like undated cheques, undated resignation letters will come into effect if I have agreed for them to be so as per an earlier agreement. If I have failed to fulfil my end of the bargain, they become operative. I have agreed to that and as an honourable person I will keep my word. I think that is a fair deal. Isn't that what a contract is about, basically? Why is it so hard to understand simple things? Sometimes you lawyers make life hard on us lay persons.

Is he really the Hafarizam who is defending Zambry? And if so Zambry ought to thank his lucky stars that the likes of NH CHan, Tun Salleh Abbas or the Late Eusoffee were not the ones on the bench hearing the case. If I were Zambry I would be very afraid.

Anonymous said...

One Anonymous said :

"Every malay should put their best effort to compete in business, not expecting quota and government support. I believe those none malays are doing so, I have seen so many of them mortgage their property to start a business. How many malay’s do that?"

I don't this this is a fair comment. I don't agree with Haffa or "is it Haprak?" But I do not agree with the comment of one Anonymous as well. There are of course as many Malays who don't as there are as many Malays who do. If we do not know of any, that does not mean there is none. Just that our contact and knowledge is limited. So let us be fair in our comments to any ethnic group for that matter. Our issue is with Haffa who made such shallow comment here!

Singam said...

Art,

Someone actually thought you are an artist? Heh heh. :-)

Many have attacked this poor anonymouse (intended) writer for his sad English. But that's not his fault. It's our pathetic education system that rendered him so.

However his thought process appears to be totally incoherent. I had a tough time trying to figure out what he was trying to say. I expect that, in whatever language, he will be just as incoherent. And he can't blame that on anyone else.

If, as is being speculated, he is indeed a member of the legal team supporting the "brave heroes of Perak", ordinarily I'd say too bad for them. But in our correct-correct-correct legal system, any donkey can win BN cases.

Hmmm, no wonder they have indeed given the job to donkeys. Actually, I wonder whether they have anything other than donkeys left. Smart fellers like Zaid have already dumped them.

Apologies for the mildly vicious tone.

Nevada said...

ah, dear sir,

it is not uncommon for a partner of a legal firm to blame his mistake/fault/wrongdoing on the chambering student or the legal assistant...

that is always the case i have found in the bar council's disciplinary board/committee's hearing.

NEUTRALIST said...

Dear All,

Actually what this guy telling is correct!
Seriously.. if you all that is very negative/against it, study and look into the facts you will find that he is correct!

I'm a Neutral but in this case this view has grounds to back BN.

Cruzeiro said...

I'm sorry Art - I just could make anything of what he said.
He seems to make the sounds of a lawyer, but such a scatterbrain like a "dumb blonde".
The English - hell man, it's so pathetic, ... murder would be merciful!! Sounded like he was on weed or something.
GoD! I hope he isn't/wasn't anybody's lawyer!!

kevin said...

Someone please teach this lawyer how to use PARAGRAPHS!!!

Gosh, utterly dreadful prose (if I can call it that). I stopped reading after a while.

I just wish to comment on his incorrect perception that the Chinese are dominating the retail lots in Suria KLCC.

My company has a retail outlet in Suria KLCC. The Kelantan Delights stall is not the only Malay outlet there. Last I checked, the following outlets are also Malay-owned; Habib Jewels, King Pie, KFC, Burger King, Maybank, CIMB Bank, RHB Bank, and TGV. I could name a couple more if I put some thought into it. There's also the Melium Group boutiques together with their Dome Cafe. Last I checked, Farah Khan is a Malay. How about the money changers?

There are also many international brands there including some Arabian outlets.

In my category, the best performing outlet is the little chocolate shop that you pass as you walk from Suria's Centre Court to the LRT station (the one opposite Auntie Anne's). Sorry to burst your bubble, Mr. No-Paragraph Lawyer, but that outlet is also owned and operated by a very happy Malay. I see him all the time during our retailer meetings.

What's race got to do with your long rant? Are you feeling insecure?

Yes, the Chinese are dominant in the retail line but let's take a step back and ask why? That's because it is one of the very few sectors left that DOES NOT have BUMI requirements. We have to make do with that measely piece of the economy the BN government has left us.

elizabeth said...

I am really offended by the racist remarks put forward by the mysterious writer... I think the writer also attempts to intimidate those lawyers who acted for pakatan. Is the writer trying to warn lawyers who act for those who have cases against UMNO/BN that they can forget about getting jobs with GLCs or UMNO controlled entities? I thought law studies would have influenced lawyers to be champion of justice?

Where is 1 Malaysia? Whats the point of having an alliance with mic, mca, when the boundaries about chinese and malays are drawn so clear?

At the lsst GE, people were just moved to vote for change... at the next GE, I wont be surprised, we will see many more people enter politics, in order to be the agent for change.

Anonymous said...

BC,

ramly burgers taste good. go seek jeff ooi blog.

CORRECT CORRECT CORRECT.

Anonymous said...

Wrong again, Hafa.

Your so-called 'the last Malay Mohican' of Kelantan Delights is actually a Kelantan Chinese who embraced Islam when he married two Muslim women.

joolee said...

If I were En. Hafarizam, I'd be very pissed off that my law firm's email address has been hijacked to disseminate this uneducated rant. If I were him, I would have apologised that an anonymous email had been dispatched to you using this address. I would promise that I would investigate thoroughly and assure you that such a thing would never happen again.

What did En. Hafarizam do? Say that he agreed with most of the email except the personal attacks and that he would write about it in his blog?

His law firm's image has been dented by an irresponsible member of his firm. I think his response is a little tepid, don't you think?

due sen said...

His/her tone of writing has Mathias Chang's resemblence...angry tone. "Seperti anjing tersepit".

I concur with Singham's take, it's due to our education system.

For 22 years, we've programmed to keep opinion to ourselves. And then suddenly it's open up. The rest as they it's history !

The way he writes, he'll be the last lawyer that I will hire! tsk tsk tsk!

Anonymous said...

There is no question that the author is certainly a racist. Even if the author is not the infamous lawyer, but one of his minions, it clearly shows the kind of environment he is fostering.

Unfortunately the author is using his jaundiced view of the world to justify why Zambri ought to be the MB. This is very much the same vain used by UMNOputras to justify many of their undemocratic and unjust actions. I am disgusted that a firm that relies on UMNO for its work can throw stones on other professionals. Pity the young souls trained in this firm.

Having said that, the author may have some legal points, however badly written, that may legally (not morally though) mitigate some of the actions taken by Zambri and his goons - in so far as the validity of Tree Assembly and the Election Commission is concerned.

Art, many of us who are not lawyers, have benefited from some clear explanations that you have kindly provided. Could you please care to do the same with respect to some of the arguments made by the 'mysterious' author.

donplaypuks® said...

Art

Wow! 68 comments!

There was a time last year when only me and Mattheus Chang? (in disguise) battled it out here.

Well done. Keep telling us as it is. That's all I ask for. So, when do I get my VVIP loyalty card? Ha, ha!

http://donplaypuks.blogspot.com

abusyukri said...

wow a very observant student, pity not a thinking ones .

After nearly 40 years of NEP...
What a performance (now)!!
People First ( or is it..)?
Thank you 1Malaysia.
Thank you very much !


Even God is pissed if you bulls..

Take care..

Anonymous said...

Definitely the writing was from an immature clown and racist! what is more unfortunate if he/she is of our country young generation.

At least he/she should be smart enough not to use the office e-mail which could make his/her firm in total embarrassement.

Anonymous said...

I really do not understand how some can write absolute drivel get their facts fudged and actually think they have a point.
Childish game of dare to desperately get published on your blog.
Sounds more like a poorly articulated rant.
What the writer is saying to Bar Council President is similar to what Azalina told Citizen Nades when he took her to task "stand for elections".

OH ! If only Noah had drowned all the quadripeds, we would be spared from listening to braying donkeys like hafawhatsisname.


Vijay Kumar Murugavell

Tiger said...

Why do those pro-BN people like the writer, commenters like Izzshah put up a false ID?
What are they so afraid of?
That we'll drag them to Brickfields Police Station via citizen's arrest for sedition?
It's puzzling why they're so afraid to have open discussions.
Maybe because they'll be truly proven as idiots.

animah said...

Art, thanks for letting us know Hafa's side of the story. Why doesn't he just come here and put up his views. I'm really not inclined to go to his blog. Especially after reading what his alleged attachment student has done - still don't quite believe it though.

Kris said...

Oh good grief, I felt a migraine coming on reading that idiot's piece. Most of it was disconjugated if not downright confusing UNTIL he expressed his clear racist slant. Neo_Chinese dominance? Right after questioning meritocracy? The Suria I believe is owned by KLCC properties which in turn has Petronas and even the EPF as major stakeholders. It's a public listed vehicle with obligations to its shareholders and the aforementioned stakeholders. You need to be good if not the best to be there. And there are businesses there that are not Neo-Chinese (what ever the hell that means)... What is the writer expecting? To be useless but cradled? To let the Suria founder but still support mediocrity because hey he needs a handout?

The Suria is a source of pride to Malaysians. It is a world class venue for shopping and business because of meritocracy. It can only remain so as long as standards are maintained. Look around you anon moron... when mediocrity is celebrated standards decline.

Kelantan delights btw used to be my fave kuih shop. Then they just let themselves go. Soon after the late Tan Sri Azizan's passing I believe, who was a regular. Co-incidentaly, they started serving crap kuih after his passing...maybe they thought the rest of us just didn't have discerning tastes...

Michelle Gunaselan said...

This is why UMNO/BN is going to continue digging their own grave. The people of Malaysia aren't necessarily PR supporters, choosing instead to pull together for an alternative option due to the disgust they now feel for the ruling government. Day in and day out you see comments like this from people involved with cases such as these, and from the mouths of our very own 'benefactors.' Read the papers, and compare the headlines on a daily basis, NST will talk about breaking racial barriers to the largely multi-racial crowd of readers and Utusan will post something similar at the same event with a headline saying "Bangkitlah Melayu."

Different strokes, for different folks? Rest assured Hafa (whoever you are attachment student or not), by writing this email and daring Art Harun to post it - you have driven another notch into the coffin of those who sent/influenced you.

Times are a changing and if this is the quality you can present as a lawyer, you have nothing in store for you but BS like this. I shudder to think what your drafting skills look like. As for your diatribe on citizens speaking on politics, grow up. The people are here to stay, and BN better get used to it.

And you want to make racist remarks like this, letaklah nama. Don't be a coward.

Sumay (who still dares to put her name here) said...

Farah Khan is a Chinese who converted to Islam when she was married to Akhbar Khan lah.

Voice of the Oppressed, Suppressed said...

Harun,
You should not have published this letter for one reason - the writer being a coward has chosen to remain anonymous. If he is sure of himself then whey not reveal his identity.
This writer is an idiot eligible for appointed as Appeal Court judge. Lingam please recommend his moron.
I will give him an E for this essay. No flow of thoughts. Muddled.
I still think it is the work of Hafarizam. This is another idiot who has to use the the AG to speak on his behalf in court.
Of course he will deny but these are his thoughts too.

LAT said...

Art,
I surrender and give up after reading 15% of his writing because i do not understand his posh-English for i was taught simple- ordinary English in school and university. Now i know why he has to "challenge" you to post his article here because he intends to treat ARTiculations as his free advertising agent. He is a cheapo la !

Anonymous said...

You can download the full text of the
Perak Constitution here

https://airkosong.com/_/2009/04/24/full-text-of-perak-constitution/

ESSENTIELS said...

Hafa law got no business is it?

sad to say, he doesn't know he is talking about

v v said...

THIS TAKES THE CAKE FROM THE ARTICULATE SO-CALLED LAWYER: "I can’t give you more because it is useless to talk to a lawyer who ‘confused’ others."

Anonymous said...

Hey, whoever you are. Your article been published. Now,don't hide, dare to reveal who you are??? if not, man,you have no balls or woman, you have no clit!!!