October 18, 2007
AAP
Wear condoms ... new sex gel improves their ability to prevent the spread of STDs.
An Australian-made sex gel which helps block HIV and herpes infections will be added to condoms in a new bid to beat the emerging epidemic of sexually-transmitted infections (STIs).
The experimental lubricant developed by Australian researchers will now be coated on condoms under an agreement signed between Melbourne-based Starpharma and the owner of condom company Durex.
The vaginal microbicide, called VivaGel, has been found to prevent HIV and genital herpes in animal and human studies presented at the International AIDS Society conference in Sydney in July.
It is designed to work by preventing viruses from entering cells, avoiding infection.
The active ingredient in the microbicide is dendrimer, a molecule which binds itself to the viruses and prevents them from infecting healthy cells.
In early stage research, the gel also has been found to be a potent contraceptive.
VivaGel has undergone testing in Australia, the US and Kenya, and is still in clinical trials.
Starpharma chief executive Dr Jackie Fairley said microbicides were considered one of the most attractive new prevention options for STIs.
It is a much-needed option for third world nations like sub-Saharan Africa where HIV and genital herpes rates are the highest in the world, he said.
"We feel the health sector has focused on finding a cure or treatment to disease, whereas we believe very strongly that prevention is a preferable option in curbing the disturbing increase in STIs in both the developed and developing worlds," Dr Fairley said.
Canadian Sex Party goes postal
October 18, 2007 - 11:47AM
Reuters
A tiny Canadian political party that promotes sexual freedom has complained in Federal Court that it was discriminated against by the country's postal service.
The Sex Party is upset that Canada Post refused to distribute a flyer during the 2006 federal election that outlined the group's philosophy, after deeming some its contents to be pornographic.
"We are advocating for rights established for any citizen," said Sex Party leader John Ince, who told a judge in Vancouver that the pamphlet was intended to help recruit new party members and raise donations.
The Vancouver-based party - which advocates liberalisation of Canada's prostitution laws among other issues - says its political mailing ran afoul of rules aimed at prohibiting use of the postal system to distribute mass-mailing flyers for hard-core pornography or other illegal material.
"That is not what our material is," Ince told the court.
Ince, a former lawyer who owns an erotica shop, said the Sex Party does not oppose restrictions on mailing hard-core porn, but said postal officials have been inconsistent in applying their own rules.
Lawyers representing the post office have yet to present their court arguments, but Canada Post said it has an obligation to refuse material that could be seen by children or others who might find it offensive.
Canada Post has denied its motives were political.
The Sex Party, founded in 2005, ran three candidates in that year's provincial election in British Columbia, and the mailing was part of its efforts to become registered as a federal political organisation, Ince said.
Among the political ideas it advocated in the 2005 provincial campaign were increased sex education in schools, more designated public areas for nudists, and the party describes itself as the world's first political party "dedicated exclusively to sex-positive issues".
Ince said Canada Post has a government monopoly on distributing flyers to mailboxes and the low cost of mass mailings is the only way that small political parties can get their message out and gauge public support.
Flyer Link:
http://www.thesexparty.ca/files/mailoutfederal.pdf
Reuters
A tiny Canadian political party that promotes sexual freedom has complained in Federal Court that it was discriminated against by the country's postal service.
The Sex Party is upset that Canada Post refused to distribute a flyer during the 2006 federal election that outlined the group's philosophy, after deeming some its contents to be pornographic.
"We are advocating for rights established for any citizen," said Sex Party leader John Ince, who told a judge in Vancouver that the pamphlet was intended to help recruit new party members and raise donations.
The Vancouver-based party - which advocates liberalisation of Canada's prostitution laws among other issues - says its political mailing ran afoul of rules aimed at prohibiting use of the postal system to distribute mass-mailing flyers for hard-core pornography or other illegal material.
"That is not what our material is," Ince told the court.
Ince, a former lawyer who owns an erotica shop, said the Sex Party does not oppose restrictions on mailing hard-core porn, but said postal officials have been inconsistent in applying their own rules.
Lawyers representing the post office have yet to present their court arguments, but Canada Post said it has an obligation to refuse material that could be seen by children or others who might find it offensive.
Canada Post has denied its motives were political.
The Sex Party, founded in 2005, ran three candidates in that year's provincial election in British Columbia, and the mailing was part of its efforts to become registered as a federal political organisation, Ince said.
Among the political ideas it advocated in the 2005 provincial campaign were increased sex education in schools, more designated public areas for nudists, and the party describes itself as the world's first political party "dedicated exclusively to sex-positive issues".
Ince said Canada Post has a government monopoly on distributing flyers to mailboxes and the low cost of mass mailings is the only way that small political parties can get their message out and gauge public support.
Flyer Link:
http://www.thesexparty.ca/files/mailoutfederal.pdf
RealDolls move from bedroom to big screen
This summary is not available. Please
click here to view the post.
Mysteries of the female orgasm
From The Bulletin
Thursday, July 26, 2007
Scientists are continuing to investigate the complexities of women's libido, writes Katherine Fleming.
A woman's libido is a tricky thing. It's so complicated it often confounds even the scientists who spend years trying to decipher it.
Hormones, psychology, age, culture, emotion and mental and physical health all play integral and connected roles in how much sex a woman wants and how much she enjoys it, so it's unsurprising that women experience higher levels of sexual difficulty than men.
About 55% of women lack interest in sex, compared with only 25% of men, according to La Trobe University's Australian Study of Health and Relationships, the most comprehensive survey on the subject, conducted among 19,307 people in 2001-02. More than 27% of women reported not enjoying sex, significantly higher than the 5.6% of men. While 29% of women reported not having an orgasm, for men it was only 6.3%.
One in four had not had sex in the month before the survey and most had sex less than twice a week. Just over 23% of men and 8.3% of women said they'd prefer to have sex daily or more often.
Monash University Professor Susan Davis, who has researched the role of androgens such as testosterone on female sexual function, says sex hormones are important, although their role isn't fully understood.
"There is a complex interaction between oestrogen and testosterone in the brains of both men and women that we don't understand well ... We have no data that really shows women with high testosterone levels have higher libidos," Davis says.
"I treat a lot of women with testosterone and some will say it does nothing for them and ... others will say it's really made a difference."
Female sexual function is also difficult to measure. Testosterone levels are not informative and while men have a readily identifiable indicator - the ability to maintain an erection - there is no equivalent for women. "There is no way to measure it except to ask questions," Davis says. "If a woman goes from being not interested to more interested, what does that mean? Is it clinically significant? The answer, if it's meaningful for that woman, is yes."
While there is an element of "use it or lose it" in some circumstances, Davis says advising a woman with low libido to have sex anyway is not the answer. "Women who are continually engaging in sex to please their partner because it is expected develop abhorrence. It depends on the relationship, but what you usually see over time is that the woman makes more and more excuses. If her partner goes to bed, she'll stay up and do the ironing or whatever until he's asleep. They will find more and more ways of avoiding sex."
Melbourne University's Professor Lorraine Dennerstein agrees there's no evidence that frequent sexual activity improves a low libido. However studies suggest women who had a high interest in sex prior to surgery that induced menopause experience fewer vaginal symptoms than expected if they continue to have sex every day afterwards.
Thursday, July 26, 2007
Scientists are continuing to investigate the complexities of women's libido, writes Katherine Fleming.
A woman's libido is a tricky thing. It's so complicated it often confounds even the scientists who spend years trying to decipher it.
Hormones, psychology, age, culture, emotion and mental and physical health all play integral and connected roles in how much sex a woman wants and how much she enjoys it, so it's unsurprising that women experience higher levels of sexual difficulty than men.
About 55% of women lack interest in sex, compared with only 25% of men, according to La Trobe University's Australian Study of Health and Relationships, the most comprehensive survey on the subject, conducted among 19,307 people in 2001-02. More than 27% of women reported not enjoying sex, significantly higher than the 5.6% of men. While 29% of women reported not having an orgasm, for men it was only 6.3%.
One in four had not had sex in the month before the survey and most had sex less than twice a week. Just over 23% of men and 8.3% of women said they'd prefer to have sex daily or more often.
Monash University Professor Susan Davis, who has researched the role of androgens such as testosterone on female sexual function, says sex hormones are important, although their role isn't fully understood.
"There is a complex interaction between oestrogen and testosterone in the brains of both men and women that we don't understand well ... We have no data that really shows women with high testosterone levels have higher libidos," Davis says.
"I treat a lot of women with testosterone and some will say it does nothing for them and ... others will say it's really made a difference."
Female sexual function is also difficult to measure. Testosterone levels are not informative and while men have a readily identifiable indicator - the ability to maintain an erection - there is no equivalent for women. "There is no way to measure it except to ask questions," Davis says. "If a woman goes from being not interested to more interested, what does that mean? Is it clinically significant? The answer, if it's meaningful for that woman, is yes."
While there is an element of "use it or lose it" in some circumstances, Davis says advising a woman with low libido to have sex anyway is not the answer. "Women who are continually engaging in sex to please their partner because it is expected develop abhorrence. It depends on the relationship, but what you usually see over time is that the woman makes more and more excuses. If her partner goes to bed, she'll stay up and do the ironing or whatever until he's asleep. They will find more and more ways of avoiding sex."
Melbourne University's Professor Lorraine Dennerstein agrees there's no evidence that frequent sexual activity improves a low libido. However studies suggest women who had a high interest in sex prior to surgery that induced menopause experience fewer vaginal symptoms than expected if they continue to have sex every day afterwards.
Public transport perving 'is good for you'
October 16, 2007 03:37pm
Article from: MX
PERVING while you're on the train is good for you, according to a new study.
Researchers at Nottingham Trent University found commuting to work on public transport can affect physical health, psychological wellbeing and cause conflict at home and work.
But while it may annoy others, chewing gum, talking on a mobile or perving on others are the top tips to prevent commuters from falling apart.
The study, which has not yet been published, found regular commuters often suffered heart palpitations, higher levels of agitation and stress and a sense of lack of control.
Delays, overcrowding, heat and body odour were the worst aspects.
"We found people had less perseverance in thinking tasks if they had a bad commute and this can lead to problems," researcher Glenn Williams said.
The study found the best methods to beat commuter stress were, in order: Singing, humming or talking to yourself; planning postwork fun; cognitive work such as reading or writing or listening to a talking book CD; admiring attractive people; professional counselling; listening to music; chewing gum; drinking alcohol or praying.
Article from: MX
PERVING while you're on the train is good for you, according to a new study.
Researchers at Nottingham Trent University found commuting to work on public transport can affect physical health, psychological wellbeing and cause conflict at home and work.
But while it may annoy others, chewing gum, talking on a mobile or perving on others are the top tips to prevent commuters from falling apart.
The study, which has not yet been published, found regular commuters often suffered heart palpitations, higher levels of agitation and stress and a sense of lack of control.
Delays, overcrowding, heat and body odour were the worst aspects.
"We found people had less perseverance in thinking tasks if they had a bad commute and this can lead to problems," researcher Glenn Williams said.
The study found the best methods to beat commuter stress were, in order: Singing, humming or talking to yourself; planning postwork fun; cognitive work such as reading or writing or listening to a talking book CD; admiring attractive people; professional counselling; listening to music; chewing gum; drinking alcohol or praying.
Work drinks lead to sex
By Myles Wearring
October 12, 2007 12:04pm
Article from: NEWS.com.au
ONE man slept with 30 women from his workplace, another exposed his penis in the office and a banker had sex on all of her colleagues' desks.
These were some of the colourful stories told by NEWS.com.au readers when asked to reveal the worst things they'd done at office drinks.
One reader said he he got more than he bargained for after a one-night stand with a workmate.
"Had work drinks one Friday night and ended up sleeping with a female work colleague. Was stunned when I woke up in her arms on Saturday morning.
"After panicking I bolted home and made up an excuse to my partner, who then told me she was pregnant. About six weeks later my work colleague told me she was pregnant.
"Two years down the track I'm the father of two boys and my work colleague and wife have accepted what's happened and everyone is happy. Lucky my wife was so understanding, I still can't believe she stood by me."
A bank employee said she had sex in the office with the hot guy from level eight after a work party, doing it on all 25 desks in the room.
"The penultimate finale was shagging on the bosses desk overlooking the Perth skyline," she said.
"One small problem though, I left my underwear in the office. Had to race back the next day (was a Saturday) and thankfully no one had been in to retrieve my smalls."
Then there was the guy who drunkenly exposed his penis at work.
"I asked a few girls if they knew what to do with it and was later sacked," he said. "Surprise, surprise."
One reader said he slept with his boss and gave her herpes. Another returned to the office after drinks and slept with the cleaner. And one claimed the best farewell gift she'd ever been given was having sex with the colleague she'd had a crush on for years after her farewell do.
The reader comments were in response to a story on the pros and cons of office drinks, and came a day after a survey was released saying one in five Australians had admitted to having sex with a colleague.
There were also non-sexual stories, like the reader who vomited uncontrollably in front of the entire ofice. Someone got stoned in front of their boss, while another called his employer a four letter word.
Then there was the guy who slipped and accidentally threw a bowl of French onion dip all over the boss's wife.
This reader decided never to go to work functions again. "I was so nervous before geting to the Christmas party that I decided to get started on the drinks before getting there," she said.
"By the time I got there I was extremely intoxicated. When I decided to dance my moves would have put any stripper to shame. I asked my boss to join me on the dance floor but his wife got really pissed off and called me rather colourful names.
"We got into a nasty verbal fight and I ended up telling the boss and the rest of managment what they could do with their job.
"The following Monday I rang my boss to resign but he told me what happens at the Christmas party stays at the Christmas party.
"I went back for a week and the office gossip got the better of me and I decided to quit."
October 12, 2007 12:04pm
Article from: NEWS.com.au
ONE man slept with 30 women from his workplace, another exposed his penis in the office and a banker had sex on all of her colleagues' desks.
These were some of the colourful stories told by NEWS.com.au readers when asked to reveal the worst things they'd done at office drinks.
One reader said he he got more than he bargained for after a one-night stand with a workmate.
"Had work drinks one Friday night and ended up sleeping with a female work colleague. Was stunned when I woke up in her arms on Saturday morning.
"After panicking I bolted home and made up an excuse to my partner, who then told me she was pregnant. About six weeks later my work colleague told me she was pregnant.
"Two years down the track I'm the father of two boys and my work colleague and wife have accepted what's happened and everyone is happy. Lucky my wife was so understanding, I still can't believe she stood by me."
A bank employee said she had sex in the office with the hot guy from level eight after a work party, doing it on all 25 desks in the room.
"The penultimate finale was shagging on the bosses desk overlooking the Perth skyline," she said.
"One small problem though, I left my underwear in the office. Had to race back the next day (was a Saturday) and thankfully no one had been in to retrieve my smalls."
Then there was the guy who drunkenly exposed his penis at work.
"I asked a few girls if they knew what to do with it and was later sacked," he said. "Surprise, surprise."
One reader said he slept with his boss and gave her herpes. Another returned to the office after drinks and slept with the cleaner. And one claimed the best farewell gift she'd ever been given was having sex with the colleague she'd had a crush on for years after her farewell do.
The reader comments were in response to a story on the pros and cons of office drinks, and came a day after a survey was released saying one in five Australians had admitted to having sex with a colleague.
There were also non-sexual stories, like the reader who vomited uncontrollably in front of the entire ofice. Someone got stoned in front of their boss, while another called his employer a four letter word.
Then there was the guy who slipped and accidentally threw a bowl of French onion dip all over the boss's wife.
This reader decided never to go to work functions again. "I was so nervous before geting to the Christmas party that I decided to get started on the drinks before getting there," she said.
"By the time I got there I was extremely intoxicated. When I decided to dance my moves would have put any stripper to shame. I asked my boss to join me on the dance floor but his wife got really pissed off and called me rather colourful names.
"We got into a nasty verbal fight and I ended up telling the boss and the rest of managment what they could do with their job.
"The following Monday I rang my boss to resign but he told me what happens at the Christmas party stays at the Christmas party.
"I went back for a week and the office gossip got the better of me and I decided to quit."
Trust Men!
Must Read for Every Man and of course Woman (to understand man)
"One day, while a woodcutter was cutting a branch of a tree above a river, his axe fell into the river. When he cried out, the Lord appeared and asked, "Why are you crying?"
The woodcutter replied that his axe has fallen into water, and he needed the axe to make his living.
The Lord went down into the water and reappeared with a golden axe. "Is this your axe?" the Lord asked.
The woodcutter replied, "No."
The Lord again went down and came up with a silver Axe. "Is this your axe?" the Lord asked.
Again, the woodcutter replied, "No."
The Lord went down again and came up with an iron Axe. "Is this your axe?" the Lord asked.
The woodcutter replied, "Yes."
The Lord was pleased with the man's honesty and gave him all three axes to keep, and the woodcutter went home happy.
Some time later the woodcutter was walking with his wife along the riverbank, and his wife fell into the river. When he cried out, the Lord again appeared and asked him, "Why are you crying?"
"Oh Lord, my wife has fallen into the water!"
The Lord went down into the water and came up with ANGELINA JOLIE "Is this your wife?" the Lord asked.
"Yes," cried the woodcutter.
The Lord was furious. "You lied! That is an untruth!"
The woodcutter replied, "Oh, forgive me, my Lord. It is a misunderstanding. You see, if I had said 'no' to ANGELINA JOLIE , You would have come up with CAMERON DIAZ . Then if I said 'no' to her, you would have come up with my wife. Had I then said 'yes,' you would have given me all three. Lord, I am a poor man, and am not able to take care of all three wives, so THAT'S why I said yes to ANGELINA JOLIE ."
The moral of this story is: Whenever a man lies, it is for a good and honorable
reason, and for the benefit of others.
"One day, while a woodcutter was cutting a branch of a tree above a river, his axe fell into the river. When he cried out, the Lord appeared and asked, "Why are you crying?"
The woodcutter replied that his axe has fallen into water, and he needed the axe to make his living.
The Lord went down into the water and reappeared with a golden axe. "Is this your axe?" the Lord asked.
The woodcutter replied, "No."
The Lord again went down and came up with a silver Axe. "Is this your axe?" the Lord asked.
Again, the woodcutter replied, "No."
The Lord went down again and came up with an iron Axe. "Is this your axe?" the Lord asked.
The woodcutter replied, "Yes."
The Lord was pleased with the man's honesty and gave him all three axes to keep, and the woodcutter went home happy.
Some time later the woodcutter was walking with his wife along the riverbank, and his wife fell into the river. When he cried out, the Lord again appeared and asked him, "Why are you crying?"
"Oh Lord, my wife has fallen into the water!"
The Lord went down into the water and came up with ANGELINA JOLIE "Is this your wife?" the Lord asked.
"Yes," cried the woodcutter.
The Lord was furious. "You lied! That is an untruth!"
The woodcutter replied, "Oh, forgive me, my Lord. It is a misunderstanding. You see, if I had said 'no' to ANGELINA JOLIE , You would have come up with CAMERON DIAZ . Then if I said 'no' to her, you would have come up with my wife. Had I then said 'yes,' you would have given me all three. Lord, I am a poor man, and am not able to take care of all three wives, so THAT'S why I said yes to ANGELINA JOLIE ."
The moral of this story is: Whenever a man lies, it is for a good and honorable
reason, and for the benefit of others.
Malaysia's Judiciary Crisis!
From AsiaTimesOnline 26th Sept 2007
Malaysia's judiciary on Candid Camera
By Anil Netto
PENANG, Malaysia - On May 27, 1988, then-prime minister Mahathir Mohamad, his party faced with a legal challenge from rivals that threatened his leadership, summoned Malaysia's top judge, Salleh Abas, and gave him an ultimatum: resign or face a judicial tribunal. That secret private meeting led to suspension of Salleh and five other top judges (three of whom were later reinstated). It precipitated a crisis from which the judiciary has never recovered.
Today, the once-powerful Mahathir, 82, is under sedation in intensive care after surgery to treat a infection following a heart-bypass operation on September 4.
And today, the credibility of the judiciary itself is also on life support after explosive revelations in a widely circulated (including on YouTube) eight-minute video clip featuring what appears to be a well-connected senior lawyer, V K Lingam, purportedly discussing promotions and factionalism among senior judges over the phone with Ahmad Fairuz Sheikh Abdul Halim, the No 3 judge in the country at the time the clip was recorded on a mobile phone in 2002.
Lingam is also seen apparently talking to Fairuz about the latter's own rise within the judiciary. Ahmad Fairuz is today the country's chief justice, due to retire next month. The lawyer is also heard saying that he had discussed the judiciary with tycoon Vincent Tan and another prominent ruling party politician - both regarded as intermediaries to then-prime minister Mahathir. The conversation suggests that certain top judges are closely connected with the country's top leaders via political intermediaries and business cronies.
The minister in the Prime Minister's Department, Nazri Abdul Aziz, has said that the judge implicated in the video clip had called him to deny that he was the one talking to the lawyer.
Some see these revelations as God-sent. One academic told Asia Times Online, "This is a sterling opportunity to draw out the oligarchic control of this country - a chance to pull away from the ethnic ding-dong that's going on. Here is the oligarchy of wealth and privilege: an Indian lawyer, a Chinese tycoon, a Malay judge, etc. And claiming to do this in the interests of the country, of the PM" (Mahathir).
The affair gives a whole new meaning to the word muhibbah (Malay for "interracial goodwill") - while the elites divide and rule the rest of the country, secure in their own positions of wealth and power. It was only recently that Ahmad Fairuz stirred controversy when he suggested that reference to the English common law in Malaysia's legal system be abolished. The move sparked an outcry among non-Muslim groups who felt that it would pave the way for the adoption of sharia (Islamic law) precepts.
Civil-society groups have already called for the suspension of the chief justice. The Bar Council is organizing a march of lawyers from the Palace of Justice in Putrajaya, the administrative capital, to the Prime Minister's Office on Wednesday. They will submit a memorandum to Prime Minister Abdullah Badawi and the cabinet calling for a royal commission of inquiry to investigate the allegations in the video clip.
The government announced on Tuesday it is setting up an independent panel to investigate the video clip. The Bar Council welcomed this as a first step, but is still asking for a royal commission of inquiry which should also look into the state of the judiciary and the need for a Judicial Appointments Commission.
The video has demonstrated that Malaysians cannot leave the appointment and promotion of judges in the hands of the few, said lawyer Dipendra Harshad Rai in a published comment. He joined others in calling for the establishment of an independent commission for the appointment and promotion of judges.
Prior to 1988, he said, the top judge would forward a name, after police vetting, to the prime minister. This process also included the top judge consulting the bar chairman and other senior bar members. Although this practice was done informally, it did provide some assurance that only people of good character, competence and suitability were recommended, observed Dipendra.
The events of 1988 saw the end of this process. "Appointments and promotions of judges were left basically to the chief justice and the prime minister. Never have the fate of so many been decided by so few," said Dipendra. "No doubt, only those with the right political patronage and right beliefs were considered as suitable."
The video clip will affect every aspect of civil society, he added. "A layman who loses his case will feel that it was because the system is corrupt no matter how right the decision may have been," he said. "An investor would think twice before investing simply because the corrupt lawyers and corrupt judges will get him no relief."
The video clip was revealed to the media by former deputy premier Anwar Ibrahim, who is now trying to stitch together an alliance among Malaysia's disparate opposition parties. Anwar himself was a victim of the judiciary, having been incarcerated after trials widely regarded as politically motivated.
Not surprisingly, faced with such compelling disclosures, the government has cast doubts on the authenticity of the video clip. But many Malaysians do not appear to be in the least surprised at the revelations and the clip has been posted all over Malaysian websites and blogs.
In 1999, opposition leader Lim Kit Siang tabled a substantive motion in Parliament expressing concern over serious allegations of judicial impropriety that had emerged in a defamation suit against the Asian Wall Street Journal.
In his motion, Lim pointed out that Lingam was alleged (by the Journal correspondent in an amended defense) to have written part of a 1994 judgment in a defamation case brought by Vincent Tan against the journalist. The judgment was alleged to have been typed by Lingam's secretaries, corrected by the lawyer and the final draft dispatched to the judge on a floppy disk. Lingam was also said to have placed the then former chief justice, Eusoff Chin, in his debt by getting their families to vacation together in New Zealand. Both the lawyer and the judge had posed for pictures with their arms around each other and with each other's families. The photographs later found their way on to the Internet and were widely circulated, sparking an earlier outcry.
Unlike the strong reaction in Pakistan when the country's top judge was dismissed and later reinstated, there is unlikely to be a similar reaction in Malaysia to the latest revelations - notwithstanding the lawyers' march on Wednesday and an emergency general meeting on October 6. The concern and outrage may be there, but for the most part, many Malaysians are no longer surprised at how low the judiciary has sunk, their expectations severely diminished since 1988.
While the call for a royal commission was appropriate, there was no guarantee it would achieve anything. "You can have all the 'independent' commissions in the world, but as long as you have some influential people prepared to use their leverage in such unprincipled ways, then no independent commission is going to be independent," said the academic mentioned earlier. He predicted there would be a concerted attempt to damp down the crisis.
Much would depend on how far Malaysia's Conference of Rulers (the country's nine sultans) would want to stick out their necks to defend the judiciary from executive interference.
Coming on the heels of a lackluster economy, both locally and globally, and allegations of widespread corruption, the crisis in the judiciary is the last thing Abdullah needs. His administration has been battered with accusations of lethargy, inertia and lack of vision. Given the current domestic climate and the credibility crisis, a significant economic downturn could have uncertain consequences and the country could pay a price.
The next general election is not due until early 2009 - though many have been expecting polls within the next six months - so Abdullah has plenty of time to let this crisis run its course and subside. Nonetheless, his reluctance to take decisive action has tarnished his own credibility. His administration has still not yet implemented a key recommendation from a royal commission to investigate the police - the call for an Independent Police Complaints and Misconduct Commission - though officials claim progress is being made.
The fractured opposition parties stand to gain from this crisis of credibility facing the judiciary. But they are unlikely to win the next general election given the ruling coalition's iron grip on the mainstream media and its control of development purse-strings.
That would leave the judiciary still in tatters. So, as much as Abdullah may be loath to back a royal commission of inquiry, he faces little choice if he wants to restore the credibility of the judiciary - and his administration. The alternative is sinking deeper into a morass of corruption, decay and disillusionment.
Anil Netto is a Penang-based writer.
Malaysia's judiciary on Candid Camera
By Anil Netto
PENANG, Malaysia - On May 27, 1988, then-prime minister Mahathir Mohamad, his party faced with a legal challenge from rivals that threatened his leadership, summoned Malaysia's top judge, Salleh Abas, and gave him an ultimatum: resign or face a judicial tribunal. That secret private meeting led to suspension of Salleh and five other top judges (three of whom were later reinstated). It precipitated a crisis from which the judiciary has never recovered.
Today, the once-powerful Mahathir, 82, is under sedation in intensive care after surgery to treat a infection following a heart-bypass operation on September 4.
And today, the credibility of the judiciary itself is also on life support after explosive revelations in a widely circulated (including on YouTube) eight-minute video clip featuring what appears to be a well-connected senior lawyer, V K Lingam, purportedly discussing promotions and factionalism among senior judges over the phone with Ahmad Fairuz Sheikh Abdul Halim, the No 3 judge in the country at the time the clip was recorded on a mobile phone in 2002.
Lingam is also seen apparently talking to Fairuz about the latter's own rise within the judiciary. Ahmad Fairuz is today the country's chief justice, due to retire next month. The lawyer is also heard saying that he had discussed the judiciary with tycoon Vincent Tan and another prominent ruling party politician - both regarded as intermediaries to then-prime minister Mahathir. The conversation suggests that certain top judges are closely connected with the country's top leaders via political intermediaries and business cronies.
The minister in the Prime Minister's Department, Nazri Abdul Aziz, has said that the judge implicated in the video clip had called him to deny that he was the one talking to the lawyer.
Some see these revelations as God-sent. One academic told Asia Times Online, "This is a sterling opportunity to draw out the oligarchic control of this country - a chance to pull away from the ethnic ding-dong that's going on. Here is the oligarchy of wealth and privilege: an Indian lawyer, a Chinese tycoon, a Malay judge, etc. And claiming to do this in the interests of the country, of the PM" (Mahathir).
The affair gives a whole new meaning to the word muhibbah (Malay for "interracial goodwill") - while the elites divide and rule the rest of the country, secure in their own positions of wealth and power. It was only recently that Ahmad Fairuz stirred controversy when he suggested that reference to the English common law in Malaysia's legal system be abolished. The move sparked an outcry among non-Muslim groups who felt that it would pave the way for the adoption of sharia (Islamic law) precepts.
Civil-society groups have already called for the suspension of the chief justice. The Bar Council is organizing a march of lawyers from the Palace of Justice in Putrajaya, the administrative capital, to the Prime Minister's Office on Wednesday. They will submit a memorandum to Prime Minister Abdullah Badawi and the cabinet calling for a royal commission of inquiry to investigate the allegations in the video clip.
The government announced on Tuesday it is setting up an independent panel to investigate the video clip. The Bar Council welcomed this as a first step, but is still asking for a royal commission of inquiry which should also look into the state of the judiciary and the need for a Judicial Appointments Commission.
The video has demonstrated that Malaysians cannot leave the appointment and promotion of judges in the hands of the few, said lawyer Dipendra Harshad Rai in a published comment. He joined others in calling for the establishment of an independent commission for the appointment and promotion of judges.
Prior to 1988, he said, the top judge would forward a name, after police vetting, to the prime minister. This process also included the top judge consulting the bar chairman and other senior bar members. Although this practice was done informally, it did provide some assurance that only people of good character, competence and suitability were recommended, observed Dipendra.
The events of 1988 saw the end of this process. "Appointments and promotions of judges were left basically to the chief justice and the prime minister. Never have the fate of so many been decided by so few," said Dipendra. "No doubt, only those with the right political patronage and right beliefs were considered as suitable."
The video clip will affect every aspect of civil society, he added. "A layman who loses his case will feel that it was because the system is corrupt no matter how right the decision may have been," he said. "An investor would think twice before investing simply because the corrupt lawyers and corrupt judges will get him no relief."
The video clip was revealed to the media by former deputy premier Anwar Ibrahim, who is now trying to stitch together an alliance among Malaysia's disparate opposition parties. Anwar himself was a victim of the judiciary, having been incarcerated after trials widely regarded as politically motivated.
Not surprisingly, faced with such compelling disclosures, the government has cast doubts on the authenticity of the video clip. But many Malaysians do not appear to be in the least surprised at the revelations and the clip has been posted all over Malaysian websites and blogs.
In 1999, opposition leader Lim Kit Siang tabled a substantive motion in Parliament expressing concern over serious allegations of judicial impropriety that had emerged in a defamation suit against the Asian Wall Street Journal.
In his motion, Lim pointed out that Lingam was alleged (by the Journal correspondent in an amended defense) to have written part of a 1994 judgment in a defamation case brought by Vincent Tan against the journalist. The judgment was alleged to have been typed by Lingam's secretaries, corrected by the lawyer and the final draft dispatched to the judge on a floppy disk. Lingam was also said to have placed the then former chief justice, Eusoff Chin, in his debt by getting their families to vacation together in New Zealand. Both the lawyer and the judge had posed for pictures with their arms around each other and with each other's families. The photographs later found their way on to the Internet and were widely circulated, sparking an earlier outcry.
Unlike the strong reaction in Pakistan when the country's top judge was dismissed and later reinstated, there is unlikely to be a similar reaction in Malaysia to the latest revelations - notwithstanding the lawyers' march on Wednesday and an emergency general meeting on October 6. The concern and outrage may be there, but for the most part, many Malaysians are no longer surprised at how low the judiciary has sunk, their expectations severely diminished since 1988.
While the call for a royal commission was appropriate, there was no guarantee it would achieve anything. "You can have all the 'independent' commissions in the world, but as long as you have some influential people prepared to use their leverage in such unprincipled ways, then no independent commission is going to be independent," said the academic mentioned earlier. He predicted there would be a concerted attempt to damp down the crisis.
Much would depend on how far Malaysia's Conference of Rulers (the country's nine sultans) would want to stick out their necks to defend the judiciary from executive interference.
Coming on the heels of a lackluster economy, both locally and globally, and allegations of widespread corruption, the crisis in the judiciary is the last thing Abdullah needs. His administration has been battered with accusations of lethargy, inertia and lack of vision. Given the current domestic climate and the credibility crisis, a significant economic downturn could have uncertain consequences and the country could pay a price.
The next general election is not due until early 2009 - though many have been expecting polls within the next six months - so Abdullah has plenty of time to let this crisis run its course and subside. Nonetheless, his reluctance to take decisive action has tarnished his own credibility. His administration has still not yet implemented a key recommendation from a royal commission to investigate the police - the call for an Independent Police Complaints and Misconduct Commission - though officials claim progress is being made.
The fractured opposition parties stand to gain from this crisis of credibility facing the judiciary. But they are unlikely to win the next general election given the ruling coalition's iron grip on the mainstream media and its control of development purse-strings.
That would leave the judiciary still in tatters. So, as much as Abdullah may be loath to back a royal commission of inquiry, he faces little choice if he wants to restore the credibility of the judiciary - and his administration. The alternative is sinking deeper into a morass of corruption, decay and disillusionment.
Anil Netto is a Penang-based writer.
Subscribe to:
Posts (Atom)