Of Immunity

Why do people want immunity from prosecution?

The Malaysian Sultans lost their immunity in 1993 when a series of abuses were done to the rakyat. The rulers have since adapted except for a fracas or two involving the younglings. As a result, people still retain their respect for this institution.

With the amendment, the Malay Rulers can be charged on any personal wrongdoing, outside of their role and duties as a Ruler. However, the charges cannot be carried out in a normal court of law, but in a Special Tribunal under the purview of the Council of Rulers.

Blackwater is a military contract provider to the US army in Iraq. After years of immunity and wanton killings, the Iraqi government finally managed to arm twist US into lifting of its immunity in exchange that Iraqi government does not ask US to leave. Natural juctice is the allowed to flow. Blackwater security guards charged with killing 14 Iraqis


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"In 2006 four people were killed and 43 homes destroyed in a nearby suburband in 1993 a 12-storey condominium tower collapsed, burying 48 people mainly maids
and children." (AFP)
Statutory immunity granted to local authorities under the Section 95 (2) of the Street, Drainage & Building Act 1974 (Act 133) has protected the government over many incidences of mismanagement and covers up the effects of corruption, incompetency and bad decision making. The Highland Towers incident in 1993 shows the unfairness of this clause when the local authority was deemed immune to any criminal charges. Subsequent civil suits by residences was also negated and their final loss was confirmed this year.
The majority decision delivered by Justice Abdul Hamid Mohamad said that if
the local councils were made liable, it would open the floodgates to further
claims for economic loss, and this would deplete the council's resources
meant for the provision of basic services and infrastructure. (MB)
And I thought that the council's resources comes from the rakyat who pay taxes and all the assestment rates. So, is it fair that the councils can wantonly decree and decide and even if their decision is damaging and causes people to die, they are free from prosecution? If Sultan and occupiers can be made liable for their mistakes, why is the local council special and beyond reproach?

My heart goes to all who have lost and are impacted by this event. I too live in a high rise condo beside a hill and that scares me.
Why do people want immunity from prosecution? Ask your local councils for the answer.

4 comments:

eugene said...

Looking at B.Antarabangsa tragedy, was Khir Toyo at the site after the aftermath?

Immunity is never good for man should be held accountable for whatever action he or she initiates or to inflict upon others.

cleffairy said...

I'm not sure if it's right for me to say this, but it irks me to see VVIPs visiting the sites. They're just getting in the way of the work! No kidding. They go there, just go "Ooohhh, ahhhh!" and then they still need people to safeguard them. Oh! I'm so pissed off when I think of it! It's not that they can or will do anything to help onsite. I was a Red Crescent member(now no more, cuz never go and renew my first aid license, LMAO), and there are countless times that we have to deal with such situation. The worst thing that one could do during such disasters or accident is having a VIP onlooker, who would require attention and security guard. I have to say, they're just messing with the work and not to mention, crowd control is needed when they are present. When such disaster occurred, personally, I would like those VIPs to buzz off! If they want to campaign or chide people and stuff, they can do it elsewhere. Unless they are going to join in the search or help out, then they better buzz off, or else they're just going to get in the way!

On immunity, I dun agree to it too... no man is above law. But then again, we're in Malaysia... the one who wield power is always above the law.

Calvin Soo KJ said...

walaue clef.....a lenghty comment. can become a post liao....hahaha. this tragedy to me was man made. they know that the place is unsuitable for residence, yet the developers built and was approved by the govt. i was watching 360 programme late last nite and they mentioned that they have brought up the issue to the govt before but no action was taken. now lives were gone forever and yet the govt deny their involvement in any of this. damn sickening lar.....feel like vomiting blood!!

amoker said...

Eugene,
Khir Toyo has no guts. After his blog posting created the necessary tension for Teresa, he quietly went and delete his postings. Do you think he will show his face there?

Cleff,
I agree with you on that. VIPs are a nuisance esp. in events like this. As if they will use their hands to help. I was a volunteer with MERCY Malaysia during the tsunami and it was event more terrible. The volunteers have to organise between ourselves and a few of us became the lead boss. And the real MERCY workers went yam cha and came back to the gudang only with VIPs. Then they point their fingers and nose. I never donate money and time to MERCY since then. CREST is much better.. got accountability. They even show how much money was used to buy what.

Calvin,
Don't vomit too much blood as this government cannot stop being a fool. Lives are lost and properties too. No real sense of urgency and no hint of effort to be truthful. If AAB's personal secretary was not impacted, the scale of interest would be even less. So, make sure you live near a VIP .. hehe

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I am mysterious ... and leave la some comments if my writting make sense. Proud Of Malaysia and disillusioned by the direction.