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The decision by the Shah Alam High Court to release the two Keadilan leaders is the second surprise after the recent Court of Appeal's decision in Rahim Noor's appeal. Just when we Malaysians feel that all hope is lost after Augustine Paul's decision in dismissing the habeas corpus applications of the five Keadilan leaders earlier, a ray of hope comes through the learned Justice Mohd Hishamudin Mohd Yunus' well-accepted and rejoiced decision on the May 30.

Coincidentally the decision by the learned judge came barely a few days after the Judges Conference in Kota Kinabalu ended. His Lordship's decision is truly a much-awaited one by all who really cherished the fundamental liberty of the citizens as enshrined under the Federal Constitution.

To borrow a few phrases from Justice Hishamudin's judgement: "Judges are the protectors of fundamental liberties of the subjects as enshrined in the Constitution. It is a sacred trust that they must vigilantly uphold." Well said and written indeed your Lordship!

As someone who had known and worked with his Lordship previously, I feel honoured and proud to say that the my former Chief Registrar of the Federal Court, who at one time was 'rejected' by the former Lord President Tun Hamid Omar, has shown that there his elevation to the Bench was Godsend. Your transfer to Shah Alam from Jalan Raja by the former Chief Justice is a blessing in disguise.

Incidentally, I would wager that the former AG, Tan Sri Abu Talib Othman, would be proud that one of his former officers has really 'bloomed' and become a well-respected member of the judiciary. The same goes for justices Shaik Daud Mohd Ismail and KC Vohrah too.

As for the Federal Court which will hear the appeal by the five Keadilan leaders, I would like to remind them of His Highness Raja Azlan Shah's decision in the celebrated case of Hashim Saud v Yahya Hashim which was quoted in Justice Hishamudin's judgment: "In our view it is at the police station that the real trial begins and a court which limits the concept of fairness to the period of police investigation is completed recognises only the form of criminal justifiable process and ignores its substance."

To Justice Hishamudin: Your judgment will go down in the annals of history as one which put rays of hopes to the Malaysian people. Even if the Federal Court decides otherwise.


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