Waking up to a seriously damaged country

Baradan Kuppusamy, themalaysianinsider.com,

Feb 5 — Despite rising public sentiments to hold fresh elections, the Barisan Nasional was cleared to form a new state government in Perak using defectors after the Sultan of Perak decided today not to dissolve the state assembly.

The Ruler also asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members.

Sultan Azlan Shah also ominously declared - if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.

As BN goes ahead to form a government with the slim majority it has it would be a government clearly against the wishes of the majority of the people of Perak,

In comments over the Internet, in Yahoo chat groups and in messages left at the Sultan’s own website, the people are clamouring for a fresh state election as the only meaningful and democratic way to resolve the stalemate.

The Sultan’s website has suddenly spiked with scores of visitors leaving behind highly emotional appeals to His Highness, in the Buku Pelawat, urging him to dissolve the state assembly and call for a fresh election.

It is not clear whether the comments at http://books.dreambook.com/duli/duli.html are orchestrated or genuine but the comments, dating from last night, are reflective of general public sentiment in the country for a fresh election.

Most people are simply against the BN using PR defectors to increase its majority and form a new government without going back to the voters again.

They view such a move as against common sense and simple natural justice.

But the BN is set to do just that and the Sultan by not dissolving the state assembly has paved the way for a government without the consent of the people.

The question is how long such a government would last in the face of a public backlash and contempt and how such a government can claim to represent the people in an atmosphere of hostility.

The words of Tengku Razaleigh Hamzah would prove to be prescient in this instance.

“Angry voters nationwide will reject the BN even more vehemently in the next general election if snap polls are not held in Perak,” he wrote on his blog today.

Even Tun Dr Mahathir Mohamad said Umno would only tarnish its image by accepting the defectors.

“We are alienating further the very people we should be trying to win back in the next election,” Razaleigh said.

While it might be true that people forget easily and while it is true that in Sabah in the early 1990s defection changed the government in favour of the BN which still rules the state, the situation in the Peninsular is wholly different.

Today’s Malaysia is an awoken country. The people have woken up from the long political slumber. Peninsular Malaysia is hugely different from the Sabah of 1994. Even in Sabah and Sarawak, people are waking up to a seriously damaged country.

The people are roiled and in an ugly mood and they have shown their power in the March 8 general election.

While it is true that it was the PR opposition led by PKR supremo Datuk Seri Anwar Ibrahim that made “defection” a household word, they had packaged it in the language of change and that had rung a bell in the hearts of many Malaysians.

On the other hand the BN as the incumbent ruling party is mired in the “old, bad” ways and for it to engineer defections to overturn a freely elected government is seen by the people as repugnant.

Right or wrong, logical or not, this is the public perception and perception is the be all and end all — the final arbitrator of a public dispute.

The individuals who have crossed over and those ready to cross over in the weeks ahead are marked people — marked for derision, contempt and public scorn.

They will not be able to even walk freely in their constituency let alone work and perform their duties by their constituents.

To illustrate how much the public tide had shifted on March 8 and how angry the public would be at the betrayal of their mandate just look at the winning majority of one of the defectors — Jelapang representative Hee Yit Foong.

In 2004 she won by about a 300 vote majority but in 2008 the majority shot up to over 12,000 – a huge shift in public sentiment that the BN would “alienate” by stealing the state government.

The BN is clearly going against the public tide because the voters who gave her such a huge majority are still out there and ready and willing to punish her and the BN for betraying their trust.

This is what Razaleigh is worried about. That by not seeking a new vote the BN is irreparably damaging any little chance it had to recoup the March 8 losses.

“It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for,” said Jonathan Cheah in the Sultan’s Buku Pelawat

Another writer, Ahmad Said, in demanding a fresh vote said: Patik berpendapat cara begini adalah amat adil untuk semua rakyat. Biarlah rakyat yang membuat keputusan sekali lagi setelah melihat Pro dan Kontra dari kedua-dua belah pihak. (I believe dissolution is the best and just way for all the people. Let the people decide after considering all the pros and cons).

Zainarah wrote: “As rakyat of Perak, I implore you to consent to the dissolution of the Perak state assembly and return the mandate to the rakyat to elect a government of our choice, and not have a government that is foisted upon us. I pray that you will have the Rakyat’s well being uppermost in your mind when you make what must be a difficult decision.”

In posting after posting the message is the same: Dissolve the assembly, let the people decide. Or face the consequences.

Thousands gather at MB's house in Pakatan's last stand

Nothing has gone in favour of the Pakatan Rakyat administration of Perak the past 48 hours, with the door being shown to Menteri Besar Datuk Seri Nizar Jamaluddin. But try telling that to the many who have gathered late at his residence tonight. The late prayers of the hopeful for a sultan to have a dream, that will lead to a change of heart. — Pic by Choo Choy May

By Shannon Teoh, Adib Zalkapli and Lee Wei Lian

Slippers of Pakatan Rakyat supporters praying inside the Perak Menteri Besar's residence in Ipoh for a favourable outcome to the state's political impasse. - Pictures by Choo Choy May

IPOH, Feb 5 — Shouts of Allahuakbar rang out amid a light drizzle at the Perak mentri besar's residence here as close to 10,000 Pakatan Rakyat (PR) supporters turned up for a public rally in support of the embattled Datuk Seri Nizar Jamaluddin's administration.

There is strong police presence outside the house, just a stone's throw from the Umno building and the Istana Kinta, but more people are still turning up, causing a massive traffic jam in the city.

PR leaders are now addressing the crowd, but their rethoric is frequently drowned out by the roars of the supporters.

Many supporters are seen carrying banners calling for the dissolution of the state assembly and for power to be returned to the people.

But despite accusing the Barisan Nasional (BN) of executing a coup, the loss of the state government looks to be a fait accompli as Datuk Dr Zambry Abdul Kadir, the BN assemblyman for Pangkor, is already preparing to be sworn in tomorrow at 3.30pm in Kuala Kangsar

The situation remains tense here as police have taken control of the state secretariat, while Menteri Besar Datuk Seri Nizar Jamaluddin remains holed up at his official residence with other PR party leaders.

Nizar has refused to resign, claiming he is still the legitimate chief executive in the state.

A public rally has been planned tonight at the residence to show support for Nizar's administration.

Former de facto Law Minister Datuk Zaid Ibrahim and prominent blogger Raja Petra Kamarudin have also turned up to show their support

Earlier, PR leaders said they planned to seek an audience with the state ruler in order to persuade him to change his mind about not dissolving the state assembly.

Opposition Leader Datuk Seri Anwar Ibrahim said the PR alliance of Pas, PKR and DAP fully supported Nizar, and wanted the matter "returned to the court of the people".

"BN has twisted it as if we are committing treason. But we are merely pleading.

"The leadership council of Pakatan will seek an audience with the Sultan," he told reporters.

Tonight's planned rally is meant to show public support for the state assembly to be dissolved.

But it is unclear how PR leaders can pull off a mammoth rally as police have blocked off many access roads.

Inspector-General of Police (IGP) Tan Sri Musa Hassan said police will take firm action against those involved in illegal gatherings or demonstrations in Perak following political uncertainty in the state.

"I hope party supporters will not stage gathering as they only inconvenience the people and disturb public order. Party leaders should calm the supporters and advise them not to break the law," he told Bernama here today.

It is understood that officials from the state secretariat and the police have been trying to get Nizar and his state executive council to vacate the official MB's residence, but have so far failed.

Earlier, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign in a statement carried by national news agency Bernama.

And if Nizar refused to resign, the post would be declared vacant.

This has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

It is understood that a candidate for the MB's position has already been proposed to the Sultan, who has given his approval.

This evening Umno president and Prime Minister Datuk Seri Abdullah Badawi had a short audience with the Sultan but it is unclear what was discussed.

This morning, the Sultan concluded a busy morning of talks with both Nizar and Umno deputy president Datuk Seri Najib Razak in a bid to break the political impasse in the state.

He met Najib twice before summoning Nizar to his palace as well.

In his second audience with the Sultan, Najib brought along the 28 BN state legislators and the three independents backing the coalition to see the Ruler to make his case for a new government.

When he met Nizar, the Sultan asked Nizar to resign, to which the MB said he would not.

"The Sultan told me that BN has 31 to 28 but I told him that was inaccurate as three have vacated their seats.

"I asked for consent to dissolve to protect the rights of the people," Nizar told reporters at the official residence of the MB here.

Letter of appeal from Perak MB to Sultan

Feb 5 — The Menteri Besar of Perak, YAB Datuk Seri Mohammad Nizar Jamaluddin, has just sent this letter of appeal to the palace for His Royal Highness’ consideration:

Mengadap Duli Yang Maha Mulia Paduka Seri Sultan Azlan Shah

Muhibbuddin Shah ibni Almarhum Sultan Yussuf Izzuddin Shah

Ghafarullahu-Lah

Paduka Sultan Negeri Perak Darul Ridzuan

Yang bersemayam di atas takhta Kerajaan Negeri Perak Darul Ridzuan dengan

beberapa amat kebesaran dan kemuliaannya.

Assalamualaikum

Ampun Tuanku,

Dengan hormat dan takzimnya patik merafa'kan sembah dan berdoa kehadrat Allah Subhanahu Wata'ala, mudah-mudahan Duli Yang Maha Mulia Tuanku sentiasa berada dalam keadaan selamat dan kesejahteraan.

Ampun Tuanku,

MERAFA' SEMBAH MEMAKLUMKAN PERKEMBANGAN TERKINI DEWAN UNDANGAN NEGERI PERAK DARUL RIDZUAN

Warkah yang tidak sepertinya ini sebagai pengganti diri patik untuk menyembahkan kepada Duli Yang Maha Mulia Tuanku mengenai isu kedudukan terkini Dewan Undangan Negeri Perak Darul Ridzuan.

Patik merafa' sembah menjunjung kasih di atas perkenan Duli Yang Maha Mulia Tuanku pada pagi ini. Patik memohon izin untuk menyembahkan beberapa perkara:

1. Artikel XVI(6) Undang-undang Perlembagaan Negeri Perak menyatakan bahawa "If the Menteri Besar ceases to command the confidence of the majority of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council". Ini bermakna sokongan Menteri Besar itu perlu diputuskan oleh Persidangan Dewan Undangan Negeri.

2. Jumlah Ahli Dewan Undangan Negeri Pakatan Rakyat dan Barisan Nasional adalah sama iaitu 28 orang. Adalah kurang tepat andaian Barisan Nasional mempunyai majoriti. YB Yang DiPertua Dewan Undangan Negeri Perak telah memutuskan bahawa ADUN bagi kawasan Behrang, Changkat Jering dan Jelapang bukan lagi ADUN. YB Yang DiPertua Dewan Undangan Negeri Perak dan Kerajaan Negeri Perak juga telah memfailkan satu permohonan untuk satu perisytiharan bahawa ketiga-tiga ADUN berkenaan bukannya ADUN untuk kawasan-kawasan tersebut di Mahkamah Tinggi pada pagi ini. Sewajarnya kita menunggu keputusan Mahkamah dalam kes tersebut.

Ampun Tuanku,

Atas alasan di atas dan berdasarkan prinsip demokrasi dan Raja Berperlembagaan Patik dengan ini merafa' sembah memohon agar Dewan Undangan Negeri dibubarkan bagi membolehkan rakyat memilih semula kerajaan yang dikehendaki mereka.

Ampun Tuanku,

Patik dengan ini merafa' sembah bahawa pimpinan Pakatan Rakyat sebulat suara meminta Patik untuk tidak meletak jawatan sehingga krisis perlembagaan ini diputuskan oleh Mahkamah atau Dewan Undangan Negeri Perak.

Ampun Tuanku,

Patik akhiri warkah yang tidak sepertinya ini dengan sekalung penghargaan ke atas keprihatinan dan pertimbangan Duli Yang Maha Mulia Tuanku. Mudah-mudahan Allah Subhanahu Wata'ala melanjutkan usia Duli Yang Maha Mulia Tuanku dan seluruh kerabat Tuanku dan semoga sentiasa berada di dalam kesejahteraan dan kebahagiaan yang berkekalan.

Amin Ya Rabbal 'Alamin

Ampun Tuanku,

Patik dengan segala hormat takzimnya;

Bagi pihak Ahli-ahli Dewan Undangan Negeri Pakatan Rakyat

YAB Dato' Seri Ir Haji Mohammad Nizar bin Jamaluddin

Menteri Besar Perak Darul Ridzuan

No dissolution, new gov't to be sworn in

LIVE REPORTS

11.00pm Ceremah ends peacefully following a prayer session. Mohd Nizar the only top brass to speak. Others key figures present like Anwar, Hadi, Kit Siang and Guan Eng did not address the crowds, estimated at about 6,000 who were requested to disperse peacefully. They were told to attend Friday prayers at Ubudiah Mosque in Kuala Kangsar tomorrow.

10.45pm: MB Mohd Nizar speaks. Says Pakatan will boycott swearing in of BN reps tomorrow although they have been invited. He continues, "We will never recognise this illegal BN government. We will create a wave of protest throughout the state and fight together with the people of Perak to the last drop of our blood."

10.40pm: About 1000 people are on the street between Sam Tet School and the MB's residence, reducing four lanes to one. The traffic jam created as a result cause many impatient motorists to honk, this time probably to show their annoyance.

10.32pm: Announcement was made that electricity supply to the MB's residence may be disconnected. If that should happen, the crowds were advised to stary calm.

10.30pm: Motorists passing by the MB's residence honk in support. Inside, speeches are punctuated by shouts of Reformasi and Hancur BN. Crowds continue to swell. Many line up the street outside MB's residence.

10.20pm: Crowds growing. Police are not preventing people from entering the MB's residence. The hall where the ceremah is held is totally packed. Many willingly stand outside to listen to the speeches from Pakatan leaders. Crowds estimated at 4,000 now. FRU troops now seen patrolling outside the MB's residence.

10pm: Ceremah is ongoing in the MB's residence. About 3,000 people are said to be in attendance listening attentively on the sprawling grounds of the official residence. Crowds appear orderly. Situation calm and peaceful. Only about 50 policemen present. Pakatan bigwigs yet to take to the stage.

9.30pm: Mohd Nizar says he still has hopes of getting an audience from the sultan. But he needs nothing short of a miracle as the window to meet the sultan is closing. BN's 28 state reps and three independents will be sworn in by the sultan tomorrow.

Mohd Nizar also reveals that he had requested Anwar Ibrahim to file an emergency motion on the Perak political crisis during the next sitting of Parliament.

"This is now a national issue. Everybody wants to know about it so let it be discussed," he says.

Mohd Nizar reiterates that Barisan was grabbing power in the state
without following through the proper process.

"When the assembly sits in April, they can have a vote of
no-confidence. Then there would be a smooth transition," he says.

Kugan’s Pathology Report in Limbo

It is unlikely that the results of a second post-mortem on 22-year-old police detainee, A Kugan, will be revealed soon as a Singapore-based lab has declined to study the blood and tissue samples.

“The tissue samples were supposed to be sent to Singapore but they are reluctant to accept it,” said lawyer N Surendran, who is representing the deceased’s family. He added that the reason for this was because of the high-profile nature of the case.

Kugan’s family members and Surendran today met with University Malaya Medical Centre (UMMC) pathologist Dr Prashant.

The second post-mortem was initiated by Kugan’s family to dispute initial findings which concluded that his death was caused by fluid in his lungs.

After consultation with the family, Surendran said a decision has been made to send Kugan’s tissue samples to Australia with the co-operation of UMMC for analysis.

“It would probably take a week or so before we get the report of the findings,” said Surendran.

However, he expected the findings of the second post-mortem to be significantly different from what was revealed earlier.

‘Zero trust’ in government labs

Surendran said Kugan’s family was given the option to send the tissue samples to a government lab, but declined the offer as they felt government institutions lacked independence.

“We have information from our sources that the police have taken a statement from the UMMC pathologist. We have zero trust in the forensics in this country,” he added.

Kugan’s uncle Ravi Roy, when contacted by Malaysiakini said his family was still distraught over the brutal murder of his nephew and were very disappointed that the Singapore-based lab has denied to analyse the tissue samples.

Kugan, who was the eldest of five siblings, was arrested on Jan 15 following suspicions of his involvement in a luxury car theft syndicate. He died at the Taipan police station in Subang Jaya, five days later.

Selangor police chief Khalid Abu Bakar stated that the deceased had asked for a glass of water, and upon drinking it, had collapsed and died.

A video of the remains taken at the Serdang Hospital mortuary, however, revealed severe bruises on the body, leading many quarters to accuse the police of foul play.

Following, public outcry and pressure from various quarters, Attorney-General Abdul Gani Patail classified Kugan’s death as murder.

On Jan 28, Kugan was laid to rest at a Hindu cemetery in Puchong following a funeral procession which drew hundreds, including some prominent politicians.

Kapar MP says Kugan had burns on private parts

PETALING JAYA, Feb 5 — Kapar S Manikavasagam, claimed today that there were burn marks on the penis of Kugan Ananthan, who died while in police custody, on Jan 20.

“I saw the body myself but was also informed that the injuries on his private parts looked like it was burnt with a lighter.”

The Kapar MP was speaking to the press at the lobby of the University Malaya Medical Centre (UMMC) where a second autopsy was done on Kugan body after his family disputed initial findings, which attributed his death to fluid in his lungs.

However waiting reporters who anticipated the release of the second post-mortem results were left disappointed when told by family lawyer N Surendran that it was still not ready.

Surendran, together with Kugan’s family, earlier met with the pathologist at UMMC.

He said tissue samples taken from Kugan’s body will be sent to a lab in Australia for analysis and this may take anywhere between seven and 10 days before a report will be sent back to Malaysia.

“We initially wanted to send the samples to Singapore but apparently there is problem and they have declined to do the analysis.”

Surendran said they were opting to send the blood, tissue and fluid samples overseas because of the lack of faith in local labs, which may not be independent of the Government.

“We have heard from sources that police have taken a statement from the pathologist involved in the second post mortem, so our concerned about the independence of government labs, is not unfounded.”

He said they expect the results to show that Kugan died after being beaten in police custody.

Meanwhile he lashed out at police for dragging their feet over the murder investigation of the 22 year-old suspected car thief, which is into its 17th day.

“This is a simple case. It happened at a police station, the suspects are policemen yet no one has been arrested or charged.”

He said if the suspects were anyone else they would have been in remand or charged in court.

LIVE: A dark cloud descends on Ipoh

Pakatan Rakyat supporters gather at the Mentri Besar’s official residence tonight

Ipoh at 6.30pm. A huge dark cloud hangs over Ipoh as the rain pelted down

This time, although I will leave the readers’ comment feature on in the ‘live’ pane below, I will only approve a few selected comments to appear inside the pane so that the flow of the report is not disrupted. Remember, this is not a chat room. If you find your comment not appearing inside the pane, you can always add it at the end of this post in the usual way.

The hunter now becomes the hunted

The police officer who is trying to fix me up is now in trouble himself. ASP Sydney Clyde Jeremiah has subpoenaed my lawyer, J. Chandra, to act as the prosecution’s witness, which means Chandra can no longer appear in court during my trial. At the last hearing, the prosecution, in fact, objected to Chandra’s presence in court and asked that he be removed. Well, my hunter is now the hunted, courtesy of divine intervention.

NO HOLDS BARRED

Raja Petra Kamarudin

Police officer among five charged with bribery
Sushma Veera, the New Straits Times

A senior police officer was among five people who were separately charged at the Sessions Court yesterday with corruption.

In the first case, ASP Sydney Clyde Jeremiah was charged with soliciting RM2,000 from Mohd Khusaiful Che Rashid, 36, as an inducement to release Hoi Chee Kin, 27, who was arrested for offering sexual services.

Jeremiah, 47, was one of the senior investigating officers in the city’s serious crimes division.

He was alleged to have committed the offence at his office at the Dang Wangi district police headquarters at 3.30pm on Oct 26 last year.

Malaysian Anti-Corruption Commission’s (MACC) deputy public prosecutor Iznina Hanim Hashim proposed RM10,000 bail in one surety.

Jeremiah’s counsel Datuk Salehuddin Saidin pleaded for the amount to be reduced to RM5,000 and said that Jeremiah was the sole breadwinner in his family.

“He has two young children aged nine and 11 years old,” he said, adding that Jeremiah, who was still with the force, was a senior investigating officer and had no reason to abscond.

Four others were charged at the same court.

• Sergeant Abdul Razak Mayuddin, 48, was charged with soliciting RM1,000 from Chua Seong Loon as an inducement not to take action against Chua, Chin Hoi Man and Chin Hoi Ching, who were suspected of causing grievous hurt.

The offence was allegedly committed at the Criminal Investigations Department at the Sentul district police headquarters, between 2.30am and 2.55am on April 2, 2006.

For Abdul Razak, Iznina proposed RM6,000 bail in one surety.

• Abd Rashid Yusuff, 50, was charged with receiving RM350 from M. Muthugumar as an inducement not to demolish the wall of Muthugumar’s squatter house.

Abd Rashid, who was then City Hall’s assistant enforcement officer, allegedly committed the offence at a restaurant in Kampung Pandan, at 3.52pm on Oct 6, 1999.

Iznina proposed RM5,000 bail in one surety.

• Jobless Rahman Ihwan and Zulkifli Sadri, both 43, were charged with accepting RM200each from NatraMohd Tahir for helping to settle her mother’s compound for hiring illegal workers.

Rahman allegedly committed the offence at a hotel lobby in Jalan Pahang at 8.30pm on Oct 6, 2006, while Zulkifli was said to have committed the offence at the same place at 12.25am the following day.

Iznina proposed RM5,000 bail in one surety for each accused.

In pleading for their bail amounts to be reduced, the four accused, who were unrepresented, said they had to support their family and had school going children.

All five pleaded not guilty to their respective charges.

Sessions judge Rosbiahanin Arifin granted RM5,000 bail in one surety each for Jeremiah, Rahman and Zulkifli, and RM3,000 bail in one surety each for Abd Rashid and Abdul Razak.

She fixed March 6 for mention of all five cases.

Zambry will be BN’s MB, Nizar still holed up in residence

By Shannon Teoh, Adib Zalkapli and Lee Wei Lian-The Malaysian Insider

IPOH, Feb 5 — Datuk Dr Zambry Abdul Kadir, the Barisan Nasional assemblyman for Pangkor, is preparing to be sworn in tomorrow at 3pm in Kuala Kangsar, even as the Pakatan Rakyat (PR) tries to make a last-ditch effort to convince Sultan Azlan Shah to change his mind.

The situation remains tense here as police have taken control of the state secretariat, while Menteri Besar Datuk Seri Nizar Jamaluddin remains holed up at his official residence with other PR party leaders.

Nizar has refused to resign, claiming he is still the legitimate chief executive in the state.

A public rally has been planned tonight at the residence to show support for Nizar’s administration.

A few hundred people have already gathered in front of the MB’s house.

Former de facto Law Minister Datuk Zaid Ibrahim and prominent blogger Raja Petra Kamarudin have also turned up to show their support

Earlier, PR leaders said they planned to seek an audience with the state ruler in order to persuade him to change his mind about not dissolving the state assembly.

Opposition Leader Datuk Seri Anwar Ibrahim said the PR alliance of Pas, PKR and DAP fully supported Nizar, and wanted the matter “returned to the court of the people”.

“BN has twisted it as if we are committing treason. But we are merely pleading.

“The leadership council of Pakatan will seek an audience with the Sultan,” he told reporters.

Tonight’s planned rally is meant to show public support for the state assembly to be dissolved.

But it is unclear how PR leaders can pull off a mammoth rally as police have blocked off many access roads.

Inspector-General of Police (IGP) Tan Sri Musa Hassan said police will take firm action against those involved in illegal gatherings or demonstrations in Perak following political uncertainty in the state.

“I hope party supporters will not stage gathering as they only inconvenience the people and disturb public order. Party leaders should calm the supporters and advise them not to break the law,” he told Bernama here today.

It is understood that officials from the state secretariat and the police have been trying to get Nizar and his state executive council to vacate the official MB’s residence, but have so far failed.

Earlier, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign in a statement carried by national news agency Bernama.

And if Nizar refused to resign, the post would be declared vacant.

This has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

“If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant,” the statement said.

It is understood that a candidate for the MB’s position has already been proposed to the Sultan, who has given his approval.

This evening Umno president and Prime Minister Datuk Seri Abdullah Badawi had a short audience with the Sultan but it is unclear what was discussed.

This morning, the Sultan concluded a busy morning of talks with both Nizar and Umno deputy president Datuk Seri Najib Razak in a bid to break the political impasse in the state.

He met Najib twice before summoning Nizar to his palace as well.

In his second audience with the Sultan, Najib brought along the 28 BN state legislators and the three independents backing the coalition to see the Ruler to make his case for a new government.

When he met Nizar, the Sultan asked Nizar to resign, to which the MB said he would not.

“The Sultan told me that BN has 31 to 28 but I told him that was inaccurate as three have vacated their seats.

“I asked for consent to dissolve to protect the rights of the people,” Nizar told reporters at the official residence of the MB here.

Sultan’s decision sparks debate

By Debra Chong-The Malaysian Insider

KUALA LUMPUR, Feb 5 — The Perak Sultan’s decision today in asking for the Mentri Besar Datuk Seri Nizar Jamaluddin’s resignation and denying consent to dissolve the state assembly has become the subject of legal debate among experts here.

“The problem in Malaysia is that the law is not allowed to take its course,” Abdul Aziz Bari, a law professor at the International Islamic University told The Malaysian Insider this afternoon.

He explained that while it is the Sultan’s “prerogative” to say “Yes” or “No” to a request to dissolve the state assembly and pave the way for fresh elections, the Sultan should not insist on the resignation of his appointed MB until it is clear he no longer holds the majority support of the state’s lawmakers.

“I think the Sultan has made a mistake,” said Abdul Aziz.

He explained the need to clear the disputed status of the three assemblymen for Behrang, Changkat Jering and Jelapang who yesterday announced their support for the Barisan Nasional (BN) coalition after having left the Pakatan Rakyat (PR) coalition to be independents.

Abdul Aziz said the courts must make a decision before a special sitting of the state assembly can be held to table a motion of no-confidence against MB Nizar.

Only then can the Sultan insist on Nizar’s resignation, paving the way for the BN’s takeover of the state government.

Human rights lawyer Malik Imtiaz Sarwar cautiously shared Abdul Aziz’s view.

He observed that the law states the ruler must be convinced the incumbent MB no longer commands the majority support of the state assembly.

But, he added the law was vague on how the ruler is to arrive at that conclusion.

“The Constitution only talks about the lack of confidence and does not talk about how it is to be manifested,” Malik said.

“The central question is whether the Sultan is in a position to be sure that the MB no longer has the confidence of the majority of the House,” he added.

He noted that conventionally, the state assembly can take a vote of no-confidence against Nizar, such as federal Opposition Leader Datuk Seri Anwar Ibrahim attempted in Parliament against Prime Minister Datuk Seri Abdullah Badawi late last year.

However, there may be other unconventional methods to convince the Sultan of the lack of confidence in Nizar.

“For example, if a big enough of the majority assemblymen meet him en masse to declare they no longer support the MB and he is convinced.

“In that scenario, the MB has no option but to tender his resignation,” said Malik.

He noted the 31-member delegation of BN and independent assemblymen who met up with Sultan Azlan Shah earlier this morning seems to have effectively convinced the ruler who was previously placed in a very difficult position.

But, Malik noted too that the political events in Perak which have been unfolding in such rapid-fire succession, may have been portrayed incorrectly.

He noted that it was complicated by the PR government asking the Sultan to dissolve the Dewan Undangan Negeri, leading to the messy deadlock between the PR and BN coalitions.

“It could be said there is no situation of no-confidence here because of the dispute over the two seats,” Malik said.

He added that Datuk Seri Najib Razak’s 31-assemblymen march to the Sultan for a show of no confidence against MB Nizar could not be accepted in the current political landscape.

“A vote of no-confidence can only be taken by people who are legitimately entitled to vote, meaning people who are still assemblymen,” he clarified.

“As such, the legal basis of the Sultan’s directive may not be found,” he added.

Malik agreed with Abdul Aziz for the status quo to remain until the courts have decided whether the Behrang and Changkat Jering state seats are vacant in line with the speaker’s order recognising the pre-signed quit letters of their incumbents Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu respectively.

“If the court decides in favour of the speaker, then everything would have to be unwound,” he remarked.

Likewise in the case of the Election Commission which on Monday denied the speaker’s call for by-elections in Behrang and Changkat Jering, Malik states that the Sultan does not hold the authority to conclude on the validity – or invalidity – of the PR-led state government.

“Keeping in mind that this is not a conventional situation of a no-confidence vote, that this is a crossing over, and that two seats are in dispute, the question whether the Sultan can direct the resignation of the MB or otherwise does not arise because respectfully, he does not have the power to do so,” Malik said.

He is alarmed at the pace at which the police are acting in Ipoh, even moving to surround the state secretariat building and ordering the incumbent government workers out for a BN takeover.

“The law enforcers are now enforcing rules untenable to the law. Where is the authority coming from,” Malik questioned.

He is worried the Perak crisis may point to a bigger crisis for Malaysia next month when DPM Najib is set to succeed Abdullah as Prime Minister after the Umno party elections.

He noted that while the BN may win in reclaiming Perak, it will affect its performance in the long run.

“If the Perak scenario is replayed at the federal level in favour of the Pakatan Rakyat, there is a high possibility of a similar outcome,” said Malik.

Ku Li says only assembly can remove Perak MB

KUALA LUMPUR, Feb 5 — Writing that “a shameful scene is unfolding in Perak”, Tengku Razaleigh tonight said only the state assembly can remove embattled Perak Menteri Besar Datuk Seri Nizar Jamaluddin and any other means was unconstitutional.

“To formally test the mandate of the current government, whether in Perak, Sabah or the Federal government, the question must either be put to the people through state elections, or to the assemblymen through a formal vote in the dewan. These are the only tests that count in our constitutional democracy,” the Gua Musang MP posted in his weblog.

His latest post came hours after the Perak ruler had asked Nizar to step down from government in favour of a Barisan Nasional government which claims majority support with 28 lawmakers and three independents who quit the Pakatan Rakyat government. Including himself, Nizar controls 28 seats in the 59-seat state assembly.

Perak’s Sultan Azlan Shah has refused Nizar’s request to dissolve the assembly or asked him to get a vote of confidence in the assembly but the Pas Menteri Besar has provoked a showdown by being adamant to stay on in his post.

Tengku Razaleigh pointed out that the government of the day is established according to rules and principles codified in the constitution and “this is the difference between legitimately formed government and tyranny, which is rule by the law of the jungle”.

He added that legitimate constitutional government draw all its authority from “the consent of the people and only from that consent”, saying the people provide the consent as the government is formed according to the constitution and leaders chosen through free and fair elections.

“It doesn’t matter how many men with flaming torches march chanting your name in the middle of the night. You need to prove you have the support of voters in a free and fair election,” he wrote.

The Kelantan prince said the constitution also provided definitive ways to test a leader’s command of the majority in an assembly.

“Only the answer of the assembly counts. It doesn’t matter how many sworn statements, defections, press conferences, and declarations you have, nor what forms of advertisement, display, inducement or force you bring to bear on the question

“This is what it means to be a parliamentary democracy. To remove and install governments in any other way is to violate the Constitution, erode the rule of law, and to run the risk of forming an illegal government,” said the veteran Umno leader popularly known as Ku Li in political circles.

“The invisible laws make our government, nation and society possible. I won’t begin to describe the harm we would do these things if we began to ratify power achieved without regard for the rule of law in this country,” Tengku Razaleigh wrote, adding the constitution was the foundation and source of legal authority and the Rulers are sworn to protect and uphold it.

Anwar appeals for calm

Demo outside Indian High Comm

No dissolution, new gov't to be sworn in

LIVE REPORTS

8.45pm: Five FRU police trucks arrive creating some tension among those gathered outside the MB's residence. The crowd shouted at the riot police, while PAS security team closes the gate to the MB's residence. However, the police made no attempt to enter the residence.

8.15pm: Among the crowd seen outside the MB's residence are former de facto law minister Zaid Ibrahim and popular blogger Raja Petra Kamarudin.

7.50pm: About 1,000 Pakatan supporters are gathering outside MB's official residence. More are streaming in, creating a traffic jam in the area.

Despite warnings of tough action, police presence is minimal apart from traffic cops helping to ease congestion. The MB's residence has been sealed off by the PAS security team, Unit Amal. With the state government headquarters taken over by police this afternoon, there is fear that Mohd Nizar could be evicted from his official residence.

Many in the crowd are spotted holding umbrellas as there is a light drizzle. Banners at the gathering called for the dissolution of the state assembly as well as the return of power to the people. Pakatan top guns, including Anwar Ibrahim, are due to speak later tonight.

7.10pm: Chenderiang assemblyman Dr Mah Hang Soon, who is the sole MCA state rep in Perak, told Malaysiakini that he is likely to be one of the executive councillors in the new state cabinet line-up.

The MCA Youth deputy chief said that according to BN tradition, MCA will have one post in the state cabinet. However, he said he has yet been informed which portfolio he would be given. Mah added that the new government will be sworn in tomorrow at 3.30pm.

6.45pm: Pakatan supporters have been told to gather at the Menteri Besar Mohd Nizar's official residence after gates to the Ipoh Stadium were found to be locked.

6.15pm: PM Abdullah was seen leaving Istana Kinta. According to the latest information, the new BN-led state government is expected to be sworn in by Sultan Azlan Shah tomorrow in Iskandariah.

On arrival in Kuala Lumpur in Subang airport, Abdullah announced that Umno's Zambry Abd Kadir (right), 47, who is Pangkor state assemblyperson, has been picked as the new Perak menteri besar. A former lecturer of International Islamic University, Zambry has a Phd in politics.

5.50pm: PM Abdullah arrives at Istana Kinta in Ipoh. He joins Najib and all 28 BN state representatives as well as the three Independents who are already inside the palace. They will be sworn in by Sultan Azlan Shah to take over the state government.

4.58pm: A new BN government is expected to be sworn in today. Bernama reported that Deputy Prime Minister Najib Abdul Razak and the state BN representatives have arrived at Istana Kinta. Prime Minister Abdullah Ahmad Badawi, who is on an official visit to the state, is also expected to be present at the palace any time now.

4.53pm: The police have taken over the state secretariat building. All Pakatan officials in the complex are told to pack up and leave by 5pm.

4.50pm: Pakatan leader Anwar Ibrahim said that they want to meet the sultan to convince him to dissolve the assembly.

4.45pm: PAS president Abdul Hadi Awang said that the Pakatan leadership fully backed Mohd Nizar's government. He added that the menteri besar will not resign unless a special state assembly session was called or fresh elections held.

4.40pm: Mohd Nizar tells the press conference that he would not resign from his post as the menteri besar. He urged the people to back his Pakatan government.

He also said that the assembly speaker had filed a suit on the validity of the resignation letters submitted by three former Pakatan state representatives and said that it was only wise to wait for the court to decide on the matter.

"The BN's majority may not be a valid one," he said.

4.15pm A source inside the Pakatan meeting at the MB's residence say that the atmosphere inside is sombre. Anwar is chairing the meeting, with everyone is being allowed to have a say.

4.14pm Unconfirmed reports state that former DAP state assemblyperson Hee Yit Foong's house in Ipoh and her service centre in Jelapang have been pelted with stones by people angry with her defection.

4.10pm Roads leading to the state secretariat have been blocked by the police to stop people from gathering there.

4.05pm: State secretary Abdul Rahman Hashim instructs Menteri Besar Mohd Nizar, all exco members and their aides to vacate their offices at the state secretariat as soon as possible. They have been reminded not to take any official documents with them. They were also told to hand in their official car keys as well as the keys to their offices.

Genocide of Sri Lankan Tamils Protest Rally at the Indian High Commission

STOP SRILANKAN STATE TERROR

Event Info

Host:	Genocide of Sri Lankan Tamils Protest Rally at the Indian High Commission J
Type:	Other - Festival
Network:	Global

Date:	06 February 2009
Time:	13:00 - 15:00
Location:	High Commission Jalan Duta, Kuala Lumpur.
Street:	KUALA LUMPUR
Town/City:	Kuala Lumpur, Malaysia
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Contact Info

Phone:	60166425459
Email:	peaceglobalmy@gmail.com

Perak sultan: No dissolution of assembly

LIVE REPORTS (Malaysiakini) 3.25pm: It learnt that Mohd Nizar will announce his refusal to resign as asked by the sultan. 3.20pm All top Pakatan leaders are in a meeting at Mohd Nizar's official residence to chart their next course of action. A press conference is expected to be held soon. Notable absentees are Kedah MB Azizan Razak and Kelantan MB Niz Aziz Nik Mat. About 30 supporters have gathered outside the residence. A big team of some 50 journalists are also waiting there. 3pm: The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblypersons and the three independents, the sultan was convinced that Mohd Nizar had ceased to command the confidence of the majority of the state assembly members. "If YAB Datuk Seri Ir. Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said. 2.40pm: The five Indian state representatives in Perak - A Sivasubramaniam (DAP - Buntong), V Sivakumar (DAP - Tronoh), Keshvinder Singh (DAP - Malim Nawar), S Kesavan (PKR - Hutan Melintang) and A Sivanesan (DAP - Sungkai) - held a press conference earlier today that they would remain loyal to Pakatan Rakyat. Speaker Sivakumar said that various approaches were made to entice them to cross over to BN. "We were offered money and high posts in party (MIC) and government but we rejected the advances of these people," he said. 2.27pm: Bernama reports that the Sultan of Perak has rejected the request by Mohd Nizar for the dissolution of the state assembly. The report also said that the sultan has asked Mohd Nizar to step down to pave the way for a power transfer. 2.14pm: Tonight's 100,000 people gathering in support of the Pakatan government has been shifted to Stadium Ipoh from the menteri besar's official residence. The police have issued warnings against those who take part in "illegal gatherings" in Ipoh. 2pm: Anwar arrives at Mohd Nizar's house. He is expected to hold a press conference together the menteri besar and Penang CM Lim Guan Eng at 3pm. PKR vice-president Azmin Ali is also there. 1.32pm: A PKR source says that the sultan had asked Mohd Nizar to step down as menteri besar to allow a smooth transistion of power at their brief meeting today but the latter had refused to do so. 1.30pm: Najib just ended his Perak Umno meeting and left the party's state headquarters without calling a press conference. It is learnt there was a discussion on who to be appointed as new menteri besar. 1.25pm: Najib is still at the Umno meeting. However, it is learnt that he will not be holding a press conference after the meeting. 1.05pm: Perak MB Mohd Nizar leaves the palace. He waved and smiled at reporters. He just said: "Good signs. Alhamdulliah." His meeting with the sultan lasted 15 minutes. He had entered the palace at 12.50pm. Mohd Nizar will be holding a press conference along with Pakatan leader Anwar Ibrahim and DAP leader Lim Guan Eng at 3pm. 12.50pm: Najib is presently chairing an Umno meeting in Ipoh where the choice of the new menteri besar is being discussed. He is expected to call for a press conference within the next hour. 12.40pm: There is an indication that Sultan Azlan Shah will allow Barisan Nasional to form a state government with the participation of three independents. It is learnt that the sultan met with the four defectors at Istana Kinta this morning. The four had accompanied Najib to the palace during the deputy prime minister's second visit to see the sultan. BN's 28 state representatives were also present. At a brief press conference later, Najib said that all BN state assemblypersons and three Independents have given their undertaking to the sultan that they will back a Barisan-led government. ‘As such, we will leave it to the sultan to make his decision and we shall respect his decision,” he said. When asked who would be BN’s choice for MB, Najib said that they would first wait for the sultan’s decision. Menteri Besar Mohd Nizar is still in a meeting with sultan. Earlier today Sultan Azlan Shah met with Perak BN chief Najib Abdul Razak at the Istana Kinta in Ipoh this morning, and this was to be followed by another meeting with Perak Menteri Besar Mohd Nizar Jamaluddin. Najib has informed the sultan of BN's strength in numbers in the state assembly that will allow the coalition to take over the control of the state from Pakatan Rakyat. On the other hand, Mohd Nizar is advising the sultan to dissolve the state assembly to pave way for fresh elections in the state to resolve the political impasse. Also present at the meeting with the deputy prime minister is Perak Umno deputy chief Ahmad Zahid Hamidi. Najib and Ahmad Zahid arrived at the palace at 9.50am. He left at 10.35am and returned about 20 minutes later with four former Pakatan assemblypersons who had pledged support for BN. The party left at 11.30am. Meanwhile, Mohd Nizar is currently on his way to meet with the sultan. He left Bagan Serai at 11.30am where he was attending a function officiated by Prime Minister Abdullah Ahmad Badawi. He told journalists there that he had been summoned by the sultan. After the meeting with the sultan, Najib, who is also the Perak Umno chief, will be chairing a state Umno meeting. Top on the agenda would the choice of menteri besar to lead the BN government. He had earlier cancelled a function in Putrajaya this morning to attend the meeting with the sultan. Pakatan goes to court Meanwhile, Perak state assembly speaker V Sivakumar has applied to the High Court to declare that undated resignations letters by former Pakatan representatives as valid. The three - PKR's Jamaluddin Mohd Radzi and Osman Jailu, and DAP's Hee Yit Foong - have claimed that their quit letters signed soon after being elected as assemblypersons last March were done under duress. The Election Commission has overruled the Perak speaker on the matter. Yesterday Perak MB Mohd Nizar met the sultan for almost two hours to request for dissolution of the state assembly so that a snap state election could be held. Mohd Nizar's meeting coincided with the defection of four Pakatan representatives to BN yesterday, severely altering the number of seats from Pakatan to BN. The fate of the state government now hinges on the sultan. Political observers are waiting to see if he would allow BN to form the state government or will dissolve the state assembly. Among the other developments taking place in Perak today: Pakatan will be holding its council meeting in Ipoh later this afternoon. Pakatan leader Anwar Ibrahim and all other top guns from the alliance are expected to be present at the meeting. A mammoth gathering is also being organised tonight outside the menteri besar's residence in support of the embattled Pakatan government. A crowd of about 100,000 is expected. Anwar and other top Pakatan leaders are among the speakers at the rally, which is to begin at 7.30pm. Police chief Musa Hasan has warned that action will be taken against illegal gatherings in Ipoh.

Nizar: No need for me to quit

Good people of Perak, guide your monarch, please

February 5, 2009 (Haris Ibrahim)

If he has not already, His Royal Highness the Sultan of Perak must soon make a decision.

Dissolve the state Legislative Assembly and allow the people of Perak to vote afresh to resolve the current political crisis in the state, or allow BN to try and form a viable state government.

His Royal Highness, who must have the interest of his subjects at heart, has a difficult task at hand, and it might make that task lighter if Perakians would take time out and try and convey to His Royal Highness their wishes.

Tonight, there is a planned gathering outside the Perak MB’s residence. God Willing, I too, will be there.

Whilst it is planned as a show of support for the MB and the Pakatan state government, let it primarily be a gathering to appeal to His Royal Highness to heed the wishes of the rakyat and not that of the politicians.

In that respect, please let the gathering be a peaceful one by the rakyat, and not one for powerful fiery speeches of politicians.

If His Royal Highness is to take on board and give effect to the wishes of his subjects, then you, his subjects, must communicate with His Royal Highness.

There is a an official website of the Sultan of Perak. You can access the same HERE.

That website provides the names and contact details of some of the important staff members of His Royal Highness. You can access the same HERE.

The website also has a Guest Book where visitors can send in comments. I’ve had a peek and already many have been sending in appeals there to His Royal Highness to dissolve the state legislative assembly and call for fresh elections. You can access the Guest Book HERE.

I particularly like this comment from the Guest Book :

Ampun tuanku,
Patik harap tuanku akan memperkenankan pembubaran Dewan Undangan Negeri Perak. Ini untuk mengembalikan kuasa kepada rakyat. Semoga Allah membalas jasa baik tuanku.
Harap maaf, ampun tuanku…

If you’d rather write in, I’d suggest that your communication be sent to the private secretary to His Royal Highness, whose details appear below.

Setiausaha Sulit DYMM Paduka
Seri Sultan Perak Darul Ridzuan
YDH Toh Raja DiRaja
Kol. Dato’ Abd. Rahim b. Mohamad Nor, D.P.M.P., K.M.N., K.A.T., A.M.N, P.T.S., P.J.K.
E-Mail: abdulrahim@perak.gov.my

Phone : 05-7761141 / 05-7761144 / 05-7761203 / 05-2540845

Fax : 605-7763724

Don’t know what to say?

How about this?

Ampun Tuanku.

Patik mohon mengadap sembah Tuanku dan memohon Tuanku memperkenankan untuk bubarkan Dewan Undangan Negeri Perak untuk membolehkan rakyat Tuanku mengundi dan memilih kerajaan, demi untuk menyelesaikan krisis yang kini melanda negri kesayangan Tuanku dan rakyat.

Sekian dan demikian sahajalah sembah patik yang sangat menyanjungi pendirianTuanku dan amat mengharapkan limpah ihsan pertimbangan serta perhatian Tuanku.

Ampun Tuanku

Please don’t forget to sign off an , people, please, no pseudonyms.

Those of you who are going to be in Perak, see you there.

Perak sues to declare 3 seats vacant and force snap polls

UPDATED 12.20pm By Shannon Teoh IPOH, Feb 5 — In a legal bid to deny Barisan Nasional's claim to a majority in the Perak state assembly, the embattled Pakatan Rakyat government and the legislative assembly speaker have filed a suit to declare vacant the seats of three "independent" assemblymen. This would effectively create a 28-28 stalemate, thereby compelling the Perak Sultan to dissolve the assembly, senior state exco member Datuk Ngeh Kooh Ham told The Malaysian Insider.

"We are filing a suit in the Ipoh High Court to declare the three elected representatives have resigned," he said. "There will be no majority, and so it would be appropriate for the Sultan to consent to the dissolution of the assembly," added Ngeh, who is also Perak DAP chief. Pakatan Rakyat has insisted that Speaker V. Sivakumar's decision over the resignations of Jamaluddin Mohd Radzi (Behrang), Osman Jailu (Changkat Jering) and now Hee Yit Fong (Jelapang) is final under the state constitution. However, it is being disputed by the Election Commission which refuses to recognise the vacancies and call by-elections. The EC's decision has allowed BN to claim the support of the three renegade lawmakers to add to its 28 assemblymen. Ngeh said a declaration from the court would compel the EC to agree that the seats are vacant and call for by-elections. Yesterday, Menteri Besar Datuk Seri Nizar Jamaluddin was granted an audience with the Perak Ruler to make his case for dissolution of the assembly. However, BN deputy chairman Datuk Seri Najib Razak met the Sultan today to counter this by claiming that it now had a three-strong majority. "Najib is totally wrong," Ngeh told reporters at the Ipoh High Court of the deputy prime minister's declaration that BN would now form the state government. "Why BN is so fearful of going back to the people?" he said of Najib's preference to form the government via defections rather than agreeing to snap elections. Ngeh added that if BN chose to usurp power via unconstitutional means, PR would also file a suit to declare a BN government illegal. "We cannot allow an usurpation of power by such means and we will file a suit for the sake of the people," Ngeh said. He insisted that the government could only be changed by a vote of no-confidence in the assembly or if the menteri besar decided to resign. "The palace has power to appoint a menteri besar but not to dismiss," he added. Meanwhile, veteran DAP leader Lim Kit Siang blasted Najib's move to claim the Perak government with the help of the independents. "I call on Najib to cease and desist from any attempt at illegal and unconstitutional grab of power in the Perak state government in utter disregard of the constitutional process and the mandate of the people of Perak," the Ipoh Timur MP said in a statement. "This will be a very ominous start for the Najib premiership which is to begin next month when Datuk Seri Abdullah Ahmad Badawi steps down as the fifth Prime Minister of Malaysia," he added. He pointed out that the Perak Sultan has yet to decide on Nizar's request to dissolve the assembly and Pakatan Rakyat remained the government in power until polls are called or a motion of confidence is called in the assembly. Historically, no Sultan or Yang di-Pertuan Agong has withheld consent to dissolve a legislative body, except in Kelantan in 1977.- The Malaysian Insider

Ku Li says BN faces public scorn over dubious crossovers

By Neville Spykerman

KUALA LUMPUR, Feb 5 — Tengku Razaleigh Hamzah said a large section of the public will be angry if the Perak Ruler does not dissolve the state assembly and invites Barisan Nasional to form the state government on the basis of dubious crossovers.

Writing in his blog, the Gua Musang Umno MP cautioned that taking control of Perak without getting the mandate of the people will spell disaster for BN in the next general election.

"Our taking control without resorting to elections would cement the enmity of the very people we should be trying to win back.

"Come the next general election, they are going to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak."

The former finance minister said contests in a democracy are not a fight for survival where anything goes but a competition to serve and BN must reform to improve its ability to serve with distinction.

He said this was a long-term goal which required immediate focus, adding that BN did not need questionable victories which he described as distractions but needed to upgrade itself to win elections again, fair and square.

Tengku Razaleigh said this was the only sustainable way for BN to win back the public.

He said Umno was in critical condition because of ethical failures and its biggest challenge was tackling corruption at every level.

"We are under close public scrutiny and unless we implement radical reforms and are seen to be doing so, we are finished politically come next elections".

However, he said, BN was embroiled in "winning back" Perak with the crossover of who he described as low-calibre individuals.

"The two assemblymen whose allegiance we have suddenly gained are under investigation for corruption, while the Bota assemblyman's justification for his record-breaking 10-day double-hop is an insult to the public's intelligence and nauseating in its insincerity."

He said this open abuse, for personal gain, is what caused people to hate Umno.

Tengku Razaleigh also lashed out at the circumstances surrounding the defections.

"The mysterious disappearances, sudden reversals, and weak explanations, show ample signs of illegal inducement.

"No matter what the truth of the matter, let us not fool ourselves. People will not believe that these crossovers were honest. This mistrust will taint any government formed on the back of these crossovers."

He said the celebrations over the Perak takeover were premature because the defections may or may not topple the state government.

"The Constitution and the role of the Ruler in such crises must be respected because defections are not a basis for the formation of a government. Elections are."

He said the Constitution spells out a formal process for the formation of a government and the Ruler is sworn to uphold and protect this constitutional process.

"The menteri besar has sought the Ruler's consent for the dissolution of the State Legislative Assembly. The decision now rests with the Ruler."-The Malaysian Insider

Guan Eng wants Hee to rethink quit move

PENANG, Feb 5 — DAP secretary-general Lim Guan Eng wants Jelapang state assemblywoman Hee Yit Foong to rethink her decision to quit the party and the Perak Pakatan Rakyat government to become an independent.

Lim, who was upset with Hee's decision, said she should think of her responsibility and the trust given by voters during the general election last year.

"Hee should rethink her decision. If she does not want to rejoin the party, at least she should make a decision that will not neglect the people's interest," he told a press conference at his office here today.

Hee and Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Jailu, both of Parti Keadilan Rakyat, had quit their party and the PR state government to become independents.

The defection of the three assemblymen and Bota assemblyman Datuk Nasaruddin Hashim, who made a U-turn to return to Umno and Barisan Nasional, was announced by Deputy Prime Minister Datuk Seri Najib Razak yesterday.

Lim said Hee's decision made a mockery of the general election, adding it would not happen in Penang as PR had a big majority in the state.

He urged the government to implement an anti-party hopping law to preserve the dignity of Malaysian politics. — Bernama

It is now the Sultan’s call

Najib speaks to the press at the Perak Umno headquarters in Ipoh this afternoon. — Picture by Choo Choy May

UPDATED 1.20pm

By Adib Zalkapli and Lee Wei Lian

IPOH, Feb 5 — Sultan Azlan Shah has concluded a busy morning of talks with both Perak Menteri Besar Datuk Seri Nizar Jamaluddin and Umno deputy president Datuk Seri Najib Razak in a bid to break the political impasse in the state.

He met Najib twice before summoning Nizar to his palace as well.

"Signs are good," Nizar told reporters as he left the palace.

But Najib was equally optimistic that the Sultan would rule in his favour and allow Barisan Nasional to form the state government.

In his second audience with the Sultan, Najib brought along the 28 BN state legislators and the three independents backing the coalition to see the Ruler to make his case for a new government.

"A second audience with the Sultan was arranged. It was attended by all 27 Barisan state assemblymen and Datuk Nasarudin Hashim, who has returned to BN, together with the three state representatives who left their parties and are now supporting Barisan.

"All of them pledged their support to Barisan and the person to be appointed as the menteri besar later, before the Sultan," Najib told reporters before chairing the state Umno liaison committee meeting.

He said the final decision now rests with the Sultan.

Najib added that BN would respect and abide by the Ruler's decision, even if meant the dissolution of the state assembly to enable fresh state elections to be called.

Nizar's Pakatan Rakyat government has filed a suit to declare three state seats vacant after their representatives turned independent. The three — from Behrang, Changkat Jering and Jelapang — have thrown their support behind BN, which also accepted back the Bota assemblyman who had defected earlier.

Pakatan Rakyat hopes this move will force the Perak Sultan to accede to a request to dissolve the 59-seat assembly and pave the way for snap polls.

Opposition leader Datuk Seri Anwar Ibrahim is expected in Ipoh later this afternoon to give support to Nizar's government.

Anwar is also expected to lead a mammoth public gathering at the menteri besar's residence in support of the PR alliance in Perak.

Inspector-General of Police Tan Sri Musa Hassan has, however, warned the public against attending any illegal gathering.

Earlier, Najib was granted an audience with Sultan Azlan Shah this morning a day after he declared BN has enough support to form the state government.

Najib was seen entering Istana Kinta here around 10am accompanied by Bagan Datok MP Datuk Seri Zahid Hamidi and other BN officials.

The cheerful-looking Najib and the state Umno deputy chief Zahid left the palace about 30 minutes later.

When met later Najib said that he had informed the Ruler that BN has the majority in the state assembly and intent to form the new state government.

He added that the Sultan had expressed his wish to meet all 31 BN supporters in the assembly before the decision on the new state government can be made.

"We will respect whatever decision made by the Sultan as it is his discretion," Najib told reporters at the state Umno building.

The deputy prime minister, who is also the Perak BN chairman, announced yesterday the coalition now enjoys the support of 28 of its assemblymen and three independents in the legislative assembly with 59 members.

The state BN's success in toppling the PR government would give legitimacy to Najib's leadership as he is slated to take over the premiership by the end of March, after suffering a blow with the defeat in the Kuala Terengganu by-election.

Dissolution of Perak Assembly – Signs grim

Signs of a dissolution of Perak State Assembly not good at all.

Datuk Seri Najib Razak has stepped up his campaign for an illegal and unconstitutional grab for power in Perak in utter disregard of the constitutional process and the mandate of the voters of Perak.

While Najib eyes Perak, the economy sinks…

Folks, we are in trouble.

Our Prime Minister is on his way out - even though more and more people now want him to stay on (for the time being!) given the choice of his successor.

The prime minister-to-be, his deputy, who is also Finance Minister, is now busy trying to topple the Perak state government. He is meeting the Perak Sultan tomorrow to try and persuade him to allow the BN to form the government.

So who is managing the economy now? Is it running on auto-pilot?

When I look at the economic figures, they look alarming. Total number of workers employed down, industrial production down, foreign reserves down, electrical and electronics exports fell 16 per cent (gulp!) …. and that’s just for November. Things have surely got worse by now. The scary part is we still have not reached the bottom of the pit (althougth The Edge, 2-8 Feb 2009, states boldly - and inexplicably - on its cover that “this year is expected to be better (for the KLCI)…”).

So with that in mind, I wrote this piece for Asia Times:

Malaysian economy left to drift
A battle for control of the key Malaysian state of Perak, and Deputy Premier Najib Razak’s attempts to bolster his credentials ahead of a power transition in the central government, risk diverting attention from the country’s sliding economy. - Full article here.

Kugan’s death: Probe completed

©The Star

KUALA LUMPUR: Police investigations into A. Kugan’s death while in police custody are complete and only the second post-mortem report is needed before the papers are sent to the Attorney-General.

“The forensic pathologist concerned has informed us he needs between four and five weeks to complete his report.

“Until then, we hope all parties will be patient and allow the doctor and the law to take its course,” said Criminal Investigations Department (CID) director Comm Datuk Seri Mohd Bakri Zinin.

He reiterated that police had conducted a thorough and fair investigation into the matter, and there would be no cover-up.

Kugan, 22, was arrested on Jan 14 for suspected involvement in a car theft syndicate and was held at the USJ police station. He collapsed and died in the police station during interrogation on Jan 20.

The first post-mortem result revealed Kugan died of fluid in the lungs. All 11 policemen allegedly involved in the questioning of Kugan have been reassigned to desk duties pending investigations.

Selangor police have recovered 19 luxury cars believed to be stolen by the syndicate said to be linked to Kugan.

The stolen cars – all Toyota models and worth about RM2.5mil – were seized in Port Klang and Puchong, said Selangor police chief Datuk Khalid Abu Bakar.

Klang district police chief ACP Mohamad Mat Yusop told reporters three Toyota Hilux were found on Jan 20 by police in a container in North Port.

The container had been declared to contain furniture to be exported to Singapore.

Two days later, police raided a warehouse in Taman Mas, Puchong, and discovered 16 cars.

Five men have been detained.

In Kuala Lumpur, MCA Public Complaints and Services Department head Datuk Michael Chong in a press statement said non-governmental organisations and the public should cooperate with the police to combat crime instead of demoralising them.

BN kena tunggu lagi...

Barisan Nasional (BN) perlu menunggu keputusan daripada Sultan Perak, Sultan Azlan Shah mengenai permohonan untuk menubuhkan kerajaan negeri yang baru ekoran telah mempunyai majoriti Ahli Dewan Undangan Negeri (ADUN) yang mencukupi.

Timbalan Perdana Menteri, Datuk Seri Mohd Najib Tun Razak memberitahu sidang media selepas mengadap Sultan Azlan, setelah beliau menyembah perkara berkenaan, Sultan Perak telah menitahkan supaya semua ADUN BN dan tiga ADUN Bebas mengadap Baginda di Istana Kinta.

“Pada pertemuan itu tiga ADUN Bebas telah memaklumkan kepada Paduka Seri Sultan bahawa mereka telah meninggalkan parti masing-masing dan memberi pengakuan bahawa mereka menyokong kerajaan Barisan Nasional khususnya calon Menteri Besar yang akan dikemukakan ke bawah Duli Tuanku,” katanya.

Oleh itu katanya, kini terserah kepada Sultan Perak untuk membuat keputusan yang sewajarnya sama ada menerima cadangan BN untuk menubuhkan kerajaan baru atau membubarkan Dewan Undangan Negeri.

Ditanya adakah calon Menteri Besar juga telah dikemukakan kepada Sultan Perak, Najib berkata, ia belum dibuat lagi kerana perlu mengikut proses sesuai dengan undang-undang tubuh negeri Perak.

“Ada proses yang kita patut dan perlu ikuti berdasarkan undang-undang tubuh negeri Perak. Jadi sebelum Menteri Besar Perak yang baru boleh ditentukan dan mengangkat sumpah, Tuanku kena buat keputusan sama ada membubarkan Dewan Undangan Negeri atau meminta Menteri Besar sekarang meletakkan jawatan,” ujar beliau.

Najib turut menjelaskan, BN akan mengikuti proses yang disepatutnya di mana proses utamanya ialah Sultan Perak mesti menentukan keputusannya.

“Kita akan hormati apa-apa keputusan yang Tuanku buat kerana itu adalah hak mutlak Tuanku,” tambahnya.

Dalam perkembangan berkaitan, Menteri Besar Perak, Datuk Seri Nizar Jamaluddin memberitahu wartawan di Bagan Serai, beliau telah dititah mengadap oleh Sultan Perak petang ini.

Manakala, Penasihat PKR, Datuk Seri Anwar Ibrahim pula dilaporkan akan berada di Ipoh bagi mengadakan pertemuan dengan Nizar dan ada maklumat menyebut, pihaknya sedang berusaha untuk mengadap Sultan Perak berhubung kemelut politik yang melanda negeri berkenaan.

Malah, Anwar juga dikatakan akan bersama-sama menghadiri satu perhimpunan di kediaman Menteri Besar Perak, malam ini. – 5/2/2009


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Najib dititah mengadap kali kedua bersama 28 ADUN BN dan 3 ADUN Bebas

11.00 pagi: TERBARU: Timbalan Perdana Menteri, Datuk Seri Mohd Najib Tun Razak yang telah mengadap Sultan Perak selama 30 minit, dipanggil semula mengadap ke Istana Kinta. Kali ini beliau dipanggil bersama-sama dengan 28 ADUN Barisan Nasional (BN) dan tiga ADUN Bebas. Difahamkan pertemuan kedua ini berkaitan dengan penubuhan kerajaan negeri Perak yang baru. Terdahulu, Najib tiba di Istana Kinta kira-kira jam 9.45 pagi dan dilihat keluar daripada Istana berkenaan kira-kira jam 10.30 pagi. Kemudian Najib terus ke Ibu Pejabat UMNO Perak bagi mempengerusikan mesyuarat Badan Perhubungan UMNO Perak. Namun setelah itu, beliau dititah mengadap semula Sultan Perak dan membawa bersama 28 ADUN BN serta tiga ADUN Bebas - 5/2/2009

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Najib menghadap Sultan Perak hari ini sembah cadangan tubuh kerajaan baru

Ketika kerajaan campuran di Perak kelam kabut menggunakan ‘talian hayat’ terakhir bagi memohon perkenan Sultan Perak membubarkan Dewan Undangan Negeri (DUN) itu, Timbalan Perdana Menteri, Datuk Seri Najib Tun Razak mengumumkan Barisan Nasional (BN) Perak mempunyai bilangan majoriti yang cukup untuk tubuh kerajaan baru di negeri itu.

Ini kerana empat Ahli Dewan Undangan Negeri (ADUN) iaitu Jamaluddin Mohd Radzi (PKR-Behrang), Mohd Osman Jailu (PKR -Changkat Jering),Hee Yet Fong (DAP -Jelapang) serta Datuk Nasarudin Hashim (Bota) sudah memaklumkan kepada Sultan Perak bahawa mereka menyokong BN tubuh kerajaan baru. Beliau membuat pengumuman itu dalam sidang akhbar di Jabatan Perdana Menteri ,Putrajaya Rabu petang.

Menurut Najib, tiga ADUN berkenaan kekal sebagai wakil rakyat Bebas yang 'mesra BN' manakala Nasarudin akan kembali ke pangkuan UMNO selepas sertai Parti Keadilan Rakyat (PKR) minggu lalu.

Dengan itu BN ada 28 kerusi,Bebas tiga manakala Barisan Pembangkang 28 kerusi.Majoriti BN + Bebas dalam DUN Perak kini 3 kerusi.

Dalam sidang medianya itu, Najib memaklumkan beliau akan menghadap Sultan Perak esok (Khamis) bagi menyembah cadangan penubuhan kerajaan baru dan calon Menteri Besar yang baru di negeri itu.

Katanya, hanya Sultan Perak sahaja mempunyai kuasa muthlak membubarkan DUN.

Terdahulu di Perak, Menteri Besar Datuk Seri Ir Nizar Jamaluddin sudah mengumumkan hendak membubarkan DUN sebelum menghadap dan memohon perkenan Sultan Perak.

Bagaimanapun,selepas keluar Istana Kinta,di Ipoh petang Rabu setelah mengadap baginda,beliau memberitahu wartawan yang menunggu, ' terserah kepada Tuanku' memutuskan soal pembubaran DUN.- 4/2/2009

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1.15 tengahari - KERAJAAN BARU PERAK HAMPIR PASTI … Tiga Ahli Dewan Undangan Negeri Perak sah telah meninggalkan parti masing-masing meletakkan kerajaan campuran negeri Perak kini ibarat telur di hujung tanduk.

ADUN Behrang, Jamaluddin Mohd Radzi dan Changkat Jering, Osman Jailu dari Parti Keadilan Rakyat (PKR) dan ADUN Jelapang Hee Yit Foong yang juga Timbalan Speaker DUN Perak hari Rabu telah menghantar surat kepada parti masing-masing memaklumkan keputusan keluar parti.



Agendadaily yang mendapat salinan surat ketiga-tiga ADUN berkenaan daripada sumber dalaman PKR dan DAP, mengesahkan surat berkenaan telah diterima oleh parti masing-masing berdasarkan cop tanda terima PKR dan DAP pada surat berkenaan.

Dalam surat tersebut ketiga-tiga mereka menjelaskan telah hilang kepercayaan kepada parti masing-masing dan keluar dari parti yang diwakili. Namun surat itu menegaskan, perisytiharan keluar parti itu tidak bermakna mereka meletakkan jawatan sebagai ADUN.

“Sila ambil maklum bahaw aperisytiharan saya keluar parti/tidak lagi menjadi ahli DAP tidak bermaksud saya meletakan jawatan selaku Ahli Dewan Undangan Negeri dan apa jua notis perletakan jawatan sebagai Ahli Dewan Negeri yang ditandatangani secara “undated” dan tidak cop rasmi saya adalah dengan ini terbatal secara ab initio ,” demikian tegas Yit Foong dalam suratnya yang dialamatkan kepada Setiausaha Agung DAP, Lim Guang Eng.

Begitu jugalah kandungan surat Jamaluddin dan Osman yang ditujukan kepada Presiden PKR, Datuk Seri Dr Wan Azizah Wan Ismail.

Difahamkan surat tersebut telah sampai kepada pengetahuan Menteri Besar Perak, Datuk Seri Nizar Jamaluddin.

Ekoran itu Nizar dijadual membuat sidang media jam 1.00 petang yang dikatakan akan membuat pengumuman pembubuaran DUN Perak tetapi telah ditangguhkan.

Difahamkan pihak Istana Perak telah dimaklumkan mengenai perkembangan yang berlaku dan ketiga-tiga ADUN berkenaan telah mengutuskan surat kepada pihak Istana menyatakan sokongan kepada Barisan nasional (BN) untuk membentuk kerajaan yang baru.

Perkembangan lanjut mengenai kemelut politik Perak akan dilaporkan dari semasa ke semasa. – 4/12/2009