Tuesday 16 June 2009
'Bodysnatching row': Court hearing on Friday - Malaysiakini
An application on the religious status of deceased film director Mohan Singh will be heard by the Shah Alam High Court this Friday at 3.30pm.
The application was filed by Mohan's family who is disputing a claim by the Selangor Islamic Council (Mais) that the deceased was a Muslim when he died and as such should be buried according to Islamic rites.
The religious council has also obtained an order from the Shah Alam Syariah High Court which proclaimed that Mohan was a Muslim.
Mohan's remains are kept at the Sungai Buloh mortuary until the courts have decided on his religion.
Before the High Court could make a ruling on the religious status of Mohan, it is expected to make an order on its jurisdiction in hearing the case.
This morning, the court asked all parties in the case to submit written affidavits on the jurisdiction issue by Thursday.
Mohan, 41, died of a heart attack on May 25. Mais claimed that he had converted to Islam in 1992 and filed an application at the Syariah High Court the same day to verify his religious status.
The family then filed an application for a judicial review last Friday, naming as respondents the Health Ministry director-general, the hospital director, the government, and Mais.
They said that Mohan Singh had conducted Sikh last rites for his mother who died three years ago.
The application was filed by Mohan's family who is disputing a claim by the Selangor Islamic Council (Mais) that the deceased was a Muslim when he died and as such should be buried according to Islamic rites.
The religious council has also obtained an order from the Shah Alam Syariah High Court which proclaimed that Mohan was a Muslim.
Mohan's remains are kept at the Sungai Buloh mortuary until the courts have decided on his religion.
Before the High Court could make a ruling on the religious status of Mohan, it is expected to make an order on its jurisdiction in hearing the case.
This morning, the court asked all parties in the case to submit written affidavits on the jurisdiction issue by Thursday.
Mohan, 41, died of a heart attack on May 25. Mais claimed that he had converted to Islam in 1992 and filed an application at the Syariah High Court the same day to verify his religious status.
The family then filed an application for a judicial review last Friday, naming as respondents the Health Ministry director-general, the hospital director, the government, and Mais.
They said that Mohan Singh had conducted Sikh last rites for his mother who died three years ago.
Uthaya to act against 'police harassment'- Malaysiakini
A vexed P Uthayakumar plans to apply for an injunction to prevent the home minister and inspector-general of police from ‘harassing’ him and his family.
The Hindu Rights Action Force (Hindraf) leader said he holds Home Minister Hishammuddin Hussein and Inspector-General of Police Musa Hassan responsible for this.
Uthayakumar, who also intends to lodge a police report soon, said this has been going on for the last 18 months.
More recently, he claimed to have seen a white van parked near his condominium for the past two weeks, with policemen moving in and out of the vehicle.
This, he said, has confirmed his suspicion that he is under round-the-clock surveillance. He also believes that his phone conversations are being tapped.
“It is a violation of my civil liberties and individual freedom, as provided under Article 5 of the federal constitution. The police are not even sparing my in-laws, nephews and nieces,” said Uthayakumar, who is a lawyer.
He cited separate incidents that took place at his condominium in Kampung Kerinchi, Kuala Lumpur, over the weekend.
The first occurred on Saturday while he was in Penang to meet Hindraf activists At the time, only his in-laws and four of their grandchildren were at home.
At about 11pm, he said five policemen paid a ‘courtesy call’ but “left after asking questions about me”.
“But their threatening and intimidating manner scared the living daylights out of my in-laws,” he told Malaysiakini.
The police also allegedly took photos inside and outside the apartment.
Second incident
The second incident happened on Sunday night when Uthayakumar had returned home. This time there were only two policemen.
“I told them to nab the real criminals outside rather than wasting their resources by monitoring me,” he said.
“This form of harassment is tantamount to a police state and reflects badly on the home minister, IGP and above all, the prime minister.”
When contacted, Uthayakumar’s younger brother and fellow Hindraf leader Waythamoorthy (right) slammed the police intrusion as “unlawful” given that they did not show a search warrant.
He questioned the logic behind the intimidation tactics to ‘harass and scare’ citizens by misusing their powers.
“Uthayakumar was a prisoner of conscience and is now a free man, not some thief. It shows an erosion of human liberty (and the ability) to live peacefully in a multicultural Malaysian society. Malaysians don’t want a police state,” said the lawyer, who is in self-exile in London.
Uthayakumar was released unconditionally from the Kamunting Detention Camp on May 9 after being detained for 514 days under the Internal Security Act.
He was one of five Hindraf leaders detained after staging a mammoth protest in November 2007 which saw some 20,000 Indian Malaysians taking to the streets.
The Hindu Rights Action Force (Hindraf) leader said he holds Home Minister Hishammuddin Hussein and Inspector-General of Police Musa Hassan responsible for this.
Uthayakumar, who also intends to lodge a police report soon, said this has been going on for the last 18 months.
More recently, he claimed to have seen a white van parked near his condominium for the past two weeks, with policemen moving in and out of the vehicle.This, he said, has confirmed his suspicion that he is under round-the-clock surveillance. He also believes that his phone conversations are being tapped.
“It is a violation of my civil liberties and individual freedom, as provided under Article 5 of the federal constitution. The police are not even sparing my in-laws, nephews and nieces,” said Uthayakumar, who is a lawyer.
He cited separate incidents that took place at his condominium in Kampung Kerinchi, Kuala Lumpur, over the weekend.
The first occurred on Saturday while he was in Penang to meet Hindraf activists At the time, only his in-laws and four of their grandchildren were at home.At about 11pm, he said five policemen paid a ‘courtesy call’ but “left after asking questions about me”.
“But their threatening and intimidating manner scared the living daylights out of my in-laws,” he told Malaysiakini.
The police also allegedly took photos inside and outside the apartment.
Second incident
The second incident happened on Sunday night when Uthayakumar had returned home. This time there were only two policemen.
“I told them to nab the real criminals outside rather than wasting their resources by monitoring me,” he said.
“This form of harassment is tantamount to a police state and reflects badly on the home minister, IGP and above all, the prime minister.”
When contacted, Uthayakumar’s younger brother and fellow Hindraf leader Waythamoorthy (right) slammed the police intrusion as “unlawful” given that they did not show a search warrant.He questioned the logic behind the intimidation tactics to ‘harass and scare’ citizens by misusing their powers.
“Uthayakumar was a prisoner of conscience and is now a free man, not some thief. It shows an erosion of human liberty (and the ability) to live peacefully in a multicultural Malaysian society. Malaysians don’t want a police state,” said the lawyer, who is in self-exile in London.
Uthayakumar was released unconditionally from the Kamunting Detention Camp on May 9 after being detained for 514 days under the Internal Security Act.
He was one of five Hindraf leaders detained after staging a mammoth protest in November 2007 which saw some 20,000 Indian Malaysians taking to the streets.
Latest Police Custodial Death Update 3
15 June 2009 Morning
1) UH Pathologist Dr Prasant called family member to check deceased body.
2) Family found blood stains , bruises all over death body including legs, Four (4) pen size hole on deceased back,
Blue black eyes.
3) ASP Ranjeet Singh at mortuary doesn’t allow family to carry any camera and phones. Why, are they so scared ?
4) Post mortem yet to commence.
5) Family may launch second police report based on their findings of deceased body this morning.
15 June 2009 Night (update 2)
1) Post Mortem complete and Burial permit issued but Family declined to accept body until they get explaination from Pathologist on cause of death especially on bruises and holes on deceased body.
2) Family expected to meet Dr Prasanth tomorrow early morning at the hospital for a briefing session. Family wants doctor to take photo of deceased body.
3) Funeral scheduled tomorrow evening.
16/6/2009 Morning
1) Family accepted deceased Body
2) Cause of Toxin is body due to serious Illness and late treatment , further use of excessive force had worsen the situation
3) Family wanted immediate Inquest.
Syed Husin: UMNO Guna Chin Peng Untuk Bakar Sentimen Perkauman
(TV Antara) - Timbalan Presiden PKR Syed Husin Ali bimbang isu Chin Peng digunakan oleh UMNO untuk meniup api perkauman bagi meraih sokongan di kalangan pengundi Melayu.
Rayuan Chin Peng untuk pulang ke negara ini juga diperbesarkan oleh BN untuk mengalihkan pandangan rakyat daripada isu-isu utama seperti kemelut di Perak dan kemelesetan ekonomi, kata Syed Husin.
Berikut pandangan beliau bersabit beberapa persoalan utama mengenai isu Chin Peng.
SOALAN 1: Haruskah Chin Peng diberi peluang pulang ke Malaysia? Apakah sebabnya?
JAWAB: Sangat aneh soal Chin Peng ini dibesar-besarkan sebelum, semasa dan selepas PM Najib melawat negara China komunis. Lebih aneh lagi kenapa Chin Peng hendak disekat pulang kerana Abdullah C.D., Pengerusi PKM,pernah diraikan oleh Sultan Azlan Perak dan Rashid Maidin, seorang pemimpin PKM terkenal, pernah diterima bertemu dengan bekas PM Mahathir, sebelum mereka berangkat ke Mekah beberapa tahun lalu. Musa Ahmad dan Shamsiah Fakeh diampunkan. Tun Daim dan beberapa pemimpin Umno pula diketahui melawat tempat kediaman sebuah pasukan PKM yang diketuai Rashid Maidin dan menghulurkan derma untuk membina surau mereka. Adakah sekiranya Chin Peng Melayu sikap dan layanan terhadapnya akan berlainan?
Kita tahu Chin Peng sudah berumur 84 tahun. PKM telah menandatangani perjanjian perdamaian dengan kerajaan Malaysia pada 2 Disember 1989 dan meletakkan senjata. Bahkan mereka memusnahkan senjata mereka, berikutan perjanjian itu. Pengaruh komunisme di Malaysia dan di seluruh dunia merosot, jadi saya tidak nampak Chin Peng boleh menimbulkan masalah keselamatan. Mungkin masalah yang ditimbulkan oleh penjenayah-penjenayah sekarang lebih mengancam.
Benar, ada juga keganasan serta kezaliman yang pernah dilakukan oleh sesetengah anasir komunis. Tetapi bukankah penjajah British dan fasis Jepun juga banyak melakukan kezaliman ke atas rakyat negara kita ini? Mengapakah mereka mudah saja dimaafkan bahkan dijadikan teladan? Kenapa tidak ada tindakan terhadap tentera British yang membunuh beramai-ramai rakyat tidak berdosa di Batangkali dulu, misalnya? Kenapa tiada bantahan terhadap tentera fasis Jepun yang menjadikan ramai wanita sebagai hamba sex?
Jikalau kita boleh memaafkan anasir-anasir zalim penjajah dan fasis tersebut, dan meraikan para pemimpin PKM yang lain, kenapa masih dendam kesumat terhadap Chin Peng? Beliau memimpin PKM berperang gerila terhadap penjajah Inggeris. Ramai tentera British beserta tentera Gurkha, Fiji dan Kenya yang berkhidmat dengan British turut terbunuh. Mereka mempertahan kepentingan penjajah British di Malaya ketika itu.
Begitu jugalah ramai tentera dan polis Melayu dan sebilangan kecil bukan Melayu yang terpaksa bekerja dengan British untuk menyara hidup.Secara disedari atau tidak mereka mula-mula mempertahan kepentingan penjajah British. Ada yang terbunuh ataupun tercedera. Begitulah akibat peperangan. Sudah tentu kita bersimpati penuh kepada keluarga mereka yang terbunuh itu. Peranan mereka dalam sejarah pun perlu dinilai.
SOALAN 2: Dari segi sejarah, adakah PKM telah memainkan peranan dalam perjuangan kemerdekaan Negara?
JAWAPAN: Saya bersetuju dengan pendapat yang dikemukakan oleh Tun Ismail, bekas TPM, dalam sebuah ucapan sewaktu menerima ijazah kehormat dari USM pada bulan Jun 1973, jikalu tidak silap. Beliau mengakui setiap golongan telah memberikan sumbangan mereka dalam perjuangan kemerdekaan. Ini termasuk golongan kiri. Pada pendapat saya, perjuangan bersenjata PKM menentang penjajah British telah menolong mempercepatkan proses mencapai kemerdekaan negara.
Saya membaca bahawa semasa perbincangan perjanjian perdamaian, perwakilan PKM minta supaya dirakamkan peranan parti itu dalam perjuangan kemerdekaan. Walaupun semasa rundingan ketua perwakilan Malaysia mengakui peranan PKM, tetapi perwakilan Malaysia tidak bersetuju ini dimasukkan ke dalam teks perjanjian. Akhirnya disetujui oleh pihak perwakilan Malaysia supaya perkara ini diserahkan untuk dibincang dan ditulis oleh ahli-ahli sejarah dan lain-lain. Sepatutnya sekarang ini kita memulakan dan membenarkan proses kajian dan perbincangan akademik yang objektif.
SOALAN 3: Adakah isu ini dibangkitkan untuk mengalihkan pandangan rakyat dari isu-isu lain?
JAWAPAN: Selain dari cuba mengalihkan pandangan rakyat dari pelbagai isu yang dihadapi serta menghantui Najib dan kerajaan dipimpinnya sekarang, seperti kemelesetan ekonomi, kemelut negeri Perak, pembunuhan Altantuya, mungkin ada satu lagi perkara lebih besar.
Nampaknya ada percubaan oleh sesetengah pihak di kalangan pucuk pimpinan Umno yang mahu membesarkan isu Chin Peng ini untuk menghangatkan suasana perkauman - iaitu menimbulkan kebencian rakyat Melayu terhadap seorang tokoh Cina yang memimpin sebuah gerakan politik yang dianggap sebagai becorak kecinaan. Anasir-anasir berbayaha dalam Umno ini kelihatan mahu menggunakan isu perkauman bagi menggalakkan perpaduan orang Melayu. Ini perbuatan paling tidak bertanggung jawab kerana pada jangka panjangnya boleh membawa malapetaka kepada rakyat dan negara.
Statutory Declaration of Chai Boon Chai @ Ah Wah (No K/P: 730702-04-5356)
In 2007, six (6) police officers and two (2) underworld figures signed Statutory Declarations alleging that senior police officers right up to the IGP have links with the Chinese drugs, prostitution, illegal gambling and loan-shark syndicate based in Johor and which was expanding its operation throughout Malaysia. Another police officer made a police report alleging that his family was kidnapped by the ACA to force him to change his statement while the head of the CCD and his lawyer were arrested and charged for alleged criminal offenses as punishment for detaining underworld bosses under the Emergency Ordinance.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
AKUAN BERKANUN
Saya, CHAI BOON CHAI @ AH WAH (No K/P: 730702-04-5356) berumur 34 tahun dan beralamat di No. 83, Jalan Juragan 2/1, Taman Juragan, 06600 Kuala Kedah, Kedah dan juga beralamat di No. 22F, Jalan Solok, 84900 Tangkak, Johor dengan ini sesungguhnya dan seikhlasnya berikrar dan menyatakan seperti berikut:-
1. Saya dilahirkan di Hospital Besar Melaka pada 02/07/1973. Saya mendapat pendidikan awal di Sek, Keb. Ledang, Tangkak, Johor dari darjah satu hingga darjah enam. Kemudian saya meneruskan pelajaran menengah di sekolah yang sama hanya sehingga tingkatan 3 (SRP). Setelah gagal dalam peperiksaan SRP saya tidak lagi menyambung pelajaran dan saya mula bekerja di sebuah bar di Johor Bahru sebagai juruwang. Saya bekerja di bar tersebut selama 2 tahun kemudian bertukar ke bar lain selama 9 tahun. Saya kemudian membuka bar sendiri nama ALIBABA dengan menawarkan perkhidmatan GRO dan mula aktiviti pelacuran di bar saya selama 2 tahun lebih. Perniagaan saya amat menguntungkan sehinggakan saya berjaya membuka beberapa lagi pusat bar/pelacuran di Johor Bahru. Pada tahun 2004, saya menghentikan semua perniagaan bar saya berikutan tempat saya banyak menerima aduan dari orang ramai dan juga keadaan pada masa itu sendang ‘panas’. Walaubagaimanapun saya masih menjalankan aktiviti penganjuran pelacuran secara senyap-senyap yang dijalankan oleh pembantu-pembantu saya sehinggalah tahun 2006. Pada 13/04/2007 saya telah ditangkap dibawah Sek. 3(1) Ordinan Darurat atas aktiviti pelacuran dan ditahan di lokap Balai Polis Central, Johor Bahru selama 58 hari dan pada 12/06/2007 saya diarahkan oleh KKDN untuk menjalani perintah sekatan di Mukim Kuala Kedah, Kedah selam 1 tahun. Saya masih belum mendirikan rumahtangga.
2. Saya tidak pernah menjadi ahli kongsi gelap dan terlibat dalam sebarang kegiatan kongsi gelap atau kumpulan Thug.
3. Saya tidak pernah terlibat dalam penyalahgunaan dadah atau aktiviti berkaitan pengedaran dadah.
4. Saya mula melibatkan diri dalam menganjur aktiviti pelacuran di kawasan Johor Bahru pada bulan Jun 2001 dengan membuka sebuah bar nama ALIBABA di Taman Tebrau, Johor Bahru. Bar saya menjalankan perkhidmatan GRO kepada pelanggan-pelanggan yang datang minum dan kemudian menyediakan perkhidmatan seks sekiranya pelanggan-pelanggan berminat. Kesemua GRO yang bekerja di bar saya adalah warganegara Myanmar, Thailand, Indonesia dan China. Ditingkat atas bar saya ada disediakan beberapa bilik sebagai tempat memberikan perkhidmatan seks kepada pelanggan. Saya telah menjalankan operasi ini selama lebih kurang 4 tahun sehingga tahun 2004. Sepanjang tempoh itu, saya telah membuka 5 buah premis yang menjalankan aktiviti yang sama dan pihak polis beberapa kali membuat serbuan disamping pihak Jabatan Imigresen kerap menjalankan pemeriksaan di premis saya. Pada bulan April 2004 saya telah menghentikan semua aktiviti saya berikutan keadaan pada masa itu agak “panas” dan premis saya sering menerima aduan dari orang ramai. Bermula tahun 2004 hingga 2006, saya hanya menjalankan aktiviti secara senyap-senyap dan hanya dijalankan oleh pembantu saya sahaja memandangkan ketika itu nama saya sudah “hot”.
5. Pada awal bulan September 2006, saya dapat tahu bahawa fail saya telah dibuka untuk EO. Fail yang sama juga telah dibuka atas kawan saya nama Ah Mai (Lo Wah Peng) dan Ah Han (Chong Yow Han). Perkara ini saya dapat tahu daripada Ah Han. Apabila mengetahui perkara tersebut saya berbincang dengan Ah Han bagaimana hendak mengatasi masalah ini. Ah Han memberi pandangan untuk membuat pertanyaan dengan DSP Hedzir (D7, IPK Johor). Kemudian DSP Hedzir memberitahu kepada Ah Han dengan berkata “perkara ini boleh selesai” (koyak itu fail) untuk ketiga-tiga kami. Ah Han memberitahu untuk menyelesaikan kes saya dan Ah Han, DSP Hedzir meletakkan harga RM80,000/-. Saya telah sediakan wang sebanyak itu dan berikan kepada Ah Han untuk diserahkan kepada DSP Hedzir. Wang ini dibayar pada awal September 2006. Pada masa yang sama juga DSP Hedzir meminta supaya Ah Han berjumpa dengan No. 1 (IGP) dan Ah Han ada berjumpa dengan No. 1 di Melaka dan membincangkan perkara ini dengan dihadiri bersama DSP Hedzir. Dalam perjumpaan itu Ah Han ada menyerahkan S$40,000/- dengan dinominasi S$1,000/- dalam envelop. Wang ini disediakan oleh saya dimana saya telah meminta perkerja saya untuk menukarkan dari Ringgit Malaysia (RM) kepada S$ sebelum diserahkan kepada Ah Han untuk diberikan kepada No.1.
6. Walaubagaimanapun pada iaitu lebih kurang 3 minggu selepas pertemuan Ah Han dengan No. 1 iaitu bulan November 2006, saya terkejut mendapat tahu bahawa order 3(1) telah dikeluarkan kepada saya, Ah Mai dan Ah Han pada hal seperti yang kita janjikan fail kami telah “dikoyak”. Kami berbincang antara kami dan dapat tahu bahawa hanya No. 1(IGP) yang boleh tolong. Ah Han sekali berhubung dengan DSP Hedzir melalui telefon untuk minta tolong DSP Hedzir memberitahu memandangkan keadaan sekarang bergitu “hot”, dia meminta kami diam-diam dulu. Dalam masa yang sama juga Ah Han dan No. 1 ada berhubung antara satu sama lain dan Ah Han dinasihatkan oleh No. 1supaya diam-diam dulu kerana sekarang “hot”. Pada awal Februari 2007, Ah Han ada berhubung dengan No.1 dimana waktu itu No.1 ada turun Johor. Ah Han ada bertanyakan bagaimana hal itu kepada No. 1 dan meminta untuk berjumpa walaubagaimanapun No. 1 tidak ada masa untuk berjumpa.
7. Selepas Hari Raya Cina, DSP Hedzir ada turun ke Johor dan ketika hendak balik Kuala Lumpur, Ah Han ada berhubung dengan DSP Hedzir dan mengirimkan S$20,000/- untuk diserahkan kepada No.1 seperti yang diinginkan oleh DSP Hedzir. Wang ini disediakan oleh Ah Han yang meminta budak kerja saya menukarkan RM kepada S$. Walaubagaimanapun, selepas 4 hari Hari Raya Cina (21/02/2007) Ah Han telah ditangkap dibawah EO.
8. Sebenarnya pada Disember 2006, Ah Han pernah dinasihatkan oleh No. 1 untuk mendiamkan diri sementara keadaan masih “hot” dimana kami telah dipanggil untuk keluar negeri dengan syarat kami boleh dihubungi. Untuk itu kami telah pergi ke Singapura, Bangkok, Cheng Raid an Myanmar. Kami telah berada diluar Negara selama satu minggu.
9. Saya memang percayakan Ah Han ada menyerahkan wang kepada No.1 sebab dia merupakan rakan kongsi dan PR saya. Lebih senang cakap “kalau saya takada dia tak boleh hidup dan kalau dia takada saya tak boleh hidup”. Saya pernah berjumpa dengan DSP Hedzir sebanyak 2 kali dimana kali terakhir saya berjumpa dengannya pada bulan Ogos 2006 di Marco Polo Bar, Johor Bahru. Perkara ini iaitu menyediakan wang untuk diserahkan kepada No. 1 dalam pertemuan di atas digambarkan (signal) diberikan oleh DSP Hedzir dan saya memahami maksud beliau pertemuan pertama Ah Han dengan No.1. Yang menetapkan jumlah S$40,000/- ialah saya sendiri. Yang meminta saya menukarkan wang tersebut dari Ringgit Malaysia (RM) kepada S$ ialah saya sendiri dengan tujuan supaya dinominasi S$1,000/- itu, ianya tidak kelihatan banyak dan mudah untuk dibawa. No. 1 ada menjanjikan hal ini boleh selesai walaubagaimanapun tidak boleh cepat dan akan mengambil sedikit masa.
10. Saya merasa telah ditipu dan dianiaya kerana wang telah pun dibayar tetapi janji tidak ditunai.
Dan saya membuat pengakuan ini dengan sesungguhnya mempercayai bahawa yang sama adalah benar dan mengikut peruntukan Akta Akuan Berkanun, 1960.
DITANDATANGANI DAN DIIKRAR )
SESUNGGUHNYA oleh CHAI BOON CHAI @ )
AH WAH (No K/P: 730702-04-5356) tersebut di atas )
di Kuala Lumpur pada haribulan 2007 )
Di hadapan saya,
Pesuruhjaya Sumpah
(The original copy of the above was signed and personally delivered to Tun Dr Mahathir Mohamad by Raja Petra Bin Raja Kamarudin).
Crucial for opposition states to work with federal government
KUANTAN, June 16 — States governed by the opposition alliance, such as Penang, risk becoming economic laggards unless their new leaders are able to work with the federal government to secure revenue to build new infrastructure.
That was the assessment of Minister Mentor Lee Kuan Yew and two Singapore ministers after an eight-day visit to the country.
Apart from Kuala Lumpur, Pahang and Perak, the visit also took in two states currently in opposition hands: Penang and Kelantan.
Kelantan has been governed by the Islamic-based opposition PAS since 1990.
The Chinese-based DAP has led Penang since March last year. DAP secretary-general Lim Guan Eng is the Chief Minister.
Lee said he believed that the DAP had every intention to improve governance by being transparent and ensuring fair play all round. But he questioned if that would be enough to hold the ground at the next election, if there was little economic development.
Lee pointed out that Penang depended on federal funding to develop its infrastructure. Unlike Perak and Selangor, it did not have large tracts of land or other state sources of revenue.
On Lim's plans to reclaim land, Lee said such land would need a few years to settle before it could be built on, by which time the next election might be upon the DAP.
“I do not believe that he can get the basic infrastructure up to mark without the support of the federal government and the federal government will only support him if he cooperates, and even then I'm not so sure,” Lee said.
Finance Minister Tharman Shanmugaratnam said that even when Penang was governed by Barisan Nasional (BN) component party Gerakan, it fared less well than other states controlled by Umno.
Now that the state was under the DAP, which is not part of the ruling BN front, it would face an even bigger challenge.
Tharman said that the infrastructure which Penang needed to get to the next phase of economic development would require not just clean and incorrupt government, but significant new investments.
“It'll be a big challenge achieving that, if they do not get federal support. So they have to make calculations, politically, economically, as to what relationship they want with KL, in order to achieve the objective they want, which is to raise the standard of living in Penang,” he said.
Earlier, Lee had also observed that in the last 20 years, Penang had developed far less quickly than Perak state capital Ipoh and Negri Sembilan state capital Seremban, both of which he visited.
As for Kelantan, Education Minister Ng Eng Hen described its capital Kota Baru as a “flat city”.
From the 20-storey hotel where the Singapore delegation stayed, he could “see far without obstruction”, he added. — The Straits Times
Altantuya saga still not over for Razak
By Shannon Teoh - The Malaysian Insider
SHAH ALAM, June 16 — Shariibuu Setev's application to review the Attorney-General's decision not to appeal Abdul Razak Baginda’s acquittal in the murder of Shariibuu’s daughter Altantuya will be mentioned on July 8.
This was after Shariibuu's counsel, Sangeet Kaur Deo, standing in for lead counsel, her father Karpal Singh, asked for more time to reply to Razak's submission which was only filed on June 1.
The high-profile case involving Mongolian beauty Altantuya has come under international scrutiny as Razak and a police officer, DSP Musa Safri, who are tied to the events leading to Altantuya's gruesome death, are linked to Prime Minister Datuk Seri Najib Razak.
After meeting the respective counsel for half an hour, High Court judge Datuk Noraini Abdul Rahman allowed the delay despite A-G Tan Sri Gani Patail having made his submission back in March.
Senior federal counsel Datuk Kamaludin Md Said said the decision to appeal or not was the prerogative of the A-G under Article 145 (3) of the Federal Constitution.
The provision states that he has power "exercisable at his discretion to institute, conduct and discontinue proceedings" for any offence.
"The review is non-judiciable. Criminal matters are questions of public interest. The A-G knows what is best and that is why he is given the power under the constitution," he added.
High Court judge Datuk Mohd Zaki Md Yassin had on Oct 31 last year acquitted and discharged Razak of abetting Chief Insp Azilah Hadri and Corporal Sirul Azhar Umar in Altantuya’s murder and later sentenced the two policemen to death for the murder which involved explosives in a botched attempt to destroy her body.
Shariibuu has an outstanding civil suit claiming RM100 million in damages against the two policemen, Razak and the government of Malaysia due to be mentioned in July.
However, the government and Razak have both asked Shariibuu to put up security for the cost of the suit, with the former asking for a RM1 million guarantee.
Gnana Prakasom post-mortem report : No foul play
By Haris Ibrahim
Received this sms last night, after the post-mortem had been concluded and, presumably, based on the little information that had leaked out :
“Cause of death toxemia secondary to peritonitis, ie, blood poisoning due to inflammation of peritonium. Family to be briefed by Dr. Prasant 8.30am Tuesday.”
Have just been informed that the family met with the pathologist this morning and the latter confirmed that, in his view, there was no evidence of foul play as the immediate and direct cause of death.
I guess it’s best to await the full disclosure of the post-mortem report.
Advice to PM Najib to adopt new politics
By Dr Chen Man Hin, DAP Life Advisor
PM NAJIB MUST GIVE UP PLAYING OLD POLITICS OR HIS 1 MALAYSIA VISION WILL VANISH
One must admit that PM Najib has been trying very hard to push his vision of 1 Malaysia to gain the support of the people, but the people are not seen to resonate to his call. These are the reasons.
HE LACKS SINCERITY. He claims that he wants unity so that we are one people. The next moment he proceeded to Perak and engineered a coup de’tat to take over the PR state government. He has achieved it with the support and co-operation from royalty, the judiciary, the attorney chambers, the police, the election commission and the bureaucracy. Instead of unity, he has created disunity among the people.
HIS 1 MALAYSIA WAS INTENDED TO UNITE THE WHOLE NATION TO CONSIST OF ONE PEOLE, ONE NATION. However at the same time, he continues to support Umno’s policy of ketuanan Melayu. How is it possible for the people to be one people, when at the same time he allows a political party of which he is president to struggle for a divisive ketuanan Melayu policy?
HE LACKS COMPETENCY. PM Najib as finance minister launched two financial stimulus packages totalling some 70billion ringgits to fight off the painful effects of a global credit crunch. When he was appointed PM there was no recession yet, but now the national economy is in recession. all his reassuring words of ‘no recession, only a mild economic downturn’ has fallen flat. for this year, the GDP is estimated to be negative by 5% (7% by independent analysts).
The government has admitted that only 20% of the stimulus packages were used to revive the economy. The money was allocated by parliament, but incompetency and inertia of government bureaucracy sabotaged the stimulus plan.
LACK OF TRANSPARENCY. Any government can have the best of strategies and plans, but if there is lack of transparency the projects will not take off but will flop badly. Corruption is still a national scourge and has cost the nation billions of ringgits. The most recent scandal of Port Klang Free Trade Zone is a case in point.
The biggest scandals involve the award of tenders of government contracts. Billions of ringgits are lost through kickbacks. Tenders are awarded to political cronies and not on basis of merit and experience. These corrupt practices result in the building of faulty bridges, schools sturctures, stadiums and government buildings of parliament and Putrajaya.
THE NEP BAGGAGE. In these hard times of recession, foreign direct investments provide a life to the economy. Unfortunately the FDIs have fallen precipitously last year and projected to dive down by 60% for this years. PM Najib has worked hard to get China and Singapore to invest in Malaysia. We must advise and warn the PM that unless he revokes the investment unfriendly NEP all his efforts will come nought. All the goodwill he has engendered will vanish, when the foreign investor see that Malaysia’s terms are unattractive.
DAP advice to PM Najib. We think your 1Malaysia is a good objective, but it cannot be achieved if you still embrace old politics of race, corruption and racial politics.
In a globalised world the road to success for Malaysia is to preach and practise the new politics of competency, accountability and transparency. Racial politics are out meritocracy is in.
Are we ready for a two-party system?
By Rohana Ariffin
thenutgraph.com
Which side of the fence? (Background image by Ariel da Silva Parreira / sxc.hu)
FOR more than 50 years, the Barisan Nasional (BN) has used an array of laws and methods to silence dissent and perpetuate its own vision of reality as the only truth. But in recent years, the scenario has changed. The BN is now being challenged by bloggers and other citizens who are highly critical of the government, even to the extent of dismissing any attempts by the BN to rectify its wrongs.
Trust towards the government is gone, and no one has a definite answer on how to regain this trust. It's like a personal betrayal where your partner or spouse has had an affair: after that, trying to rebuild trust may take ages. Just ask the urban youth — a vast number do not like the government. And these are potential, future voters.
Perhaps the best way out is for the opposition to win in the next general election and form a new government while the BN becomes the opposition, like in two-party systems in some Western countries. But the question is, are we prepared for this? Are Malaysians mature enough to be able to weigh different perspectives? Can we do this without turning irrational and resorting to bashing personalities, issuing religious rulings and threats, or even becoming violent?
The worrying trend in Malaysia now is that we are divided into two main opposing camps. Two big unmoving blocks. Both sides seemed to endorse the view that "if you are not with us, you are against us". This is an archaic view, a carry-over from the politics of the 1960s that if a fence has two sides, you are either on this side or that side. It does not make room for compromise.
Can everyone be bought?
Before 2008, when the BN had almost absolute power, independent candidates for any elections were mainly viewed as irritants and nuisances. People thought they only tended to split the votes because almost all of them obtained negligible votes, and many lost their deposits.
But after the March 2008 elections, especially when Parti Keadilan Rakyat (PKR) and its Pakatan Rakyat (PR) partners led several state governments and became stronger, they too are now highly suspicious of independent candidates. Now, the PR spreads rumours like wildfire that independent candidates are government agents and are paid millions by the BN. The longer the rumour runs, the bigger the sum seems to get.
The rakyat loves this and laps it up as inalienable truth. Yes, for some candidates, these allegations might be true. But we cannot simply generalise. I've got into some heated arguments over this. My opponents contended that if millions were placed before me, what would I do? Would I not be bought if I saw this huge amount in front of my eyes or in my bank account?
Che Guevara (Source: fatamerican.
tv) So the assumption here is that everyone has a price. I do not agree. What of people who have sacrificed their lives for their beliefs? Take Ernesto Che Guevara, who gave up a ministerial post in Cuba and went back to the jungles of Latin America because he believed in liberating its people.
What of Dr Norman Bethune (1890-1939), a Canadian physician who sacrificed his entire life to serve the people of China during the Sino-Japanese war when he could have made tons of money as a doctor in the West?
Ajahn Brahm (Pic by Linda Molendijk /
bswa.org; source: Wiki commons) What of Ajahn Brahm, a nuclear scientist from Cambridge who could have led an upper-class life but went on to became a Buddhist monk instead? This was also true of a French Buddhist monk, Matthieu Ricard, who had a doctorate in biology from the prestigious Pasteur Institute, but gave up his material comfort for his ideals.
And there are others who are willing to sacrifice material comfort to stand by their ideals.
It follows that since there are now more political spaces, it makes sense for independent people who are concerned citizens to stand for election. Blogger Raja Petra Kamarudin says he cannot think like a politician because they tend to side with their political parties. He says he is a social activist who wants to be free from political bindings.
Although I do not condone all his views, to some extent, I do agree with him on this one, because independent thinkers could be writers, could be in non-governmental organisations, and should be in politics.
It's black, it's white
Observe what's happening in our Parliament today. When a BN component party suggests a certain policy or law, and it comes to voting time, all MPs vote along their respective party lines.
A similar response can be seen when suggestions and views come from the PR. There is really no independent voting because we hardly have any independent parliamentarians, except Ibrahim Ali and possibly Dr Michael Jeyakumar Devaraj of the Socialist Party of Malaysia, who could be a moderating factor.
The question is, why can't we have more independent candidates in Parliament who will not toe any party line? People who would be able to analyse policies and plans to see if they are for the benefit of the public, based on principles and integrity?
When an independent candidate stands for elections, the majority of our voters prefer to elect the political party and not for the candidate. For example, in the recent Penanti by-election, only 46% went out to vote. Why couldn't those who abstained from voting overlook the fact that although the BN did not field a candidate, there were three independent candidates contesting against PKR?
It is timely now that Malaysians listen to the candidate and his or her written manifesto, and if he or she wins, ensure that his or her promise is kept. Similarly, candidates from political parties shouldn't compromise their promises to abide by their main party's plans and policies.
When a person becomes an independent candidate either in the state assembly or Parliament, there is a real danger that much inducement will be offered either by the BN or the PR, or both. Hence, such temptations will become the biggest test for an independent candidate, a pull between one's conscience and idealism on one hand and on the other, material comfort and greed.
Voters during the Penanti by-election. But where were the rest of them?
Jeopardising Pakatan Rakyat?
The other heated argument that I got into is, why must we jeopardise the attempts of the PR to overthrow the BN? When I argued that a third voice and a conscience must always be present in any political process, my opponent dismissed it as irrelevant.
Have you come across people in this country who scream and shout for democracy but cannot tolerate someone else's differing viewpoint? Have you come across advocates of democracy in the public sphere who cannot practise it in their daily lives and in the domestic sphere? This is something I fear is happening to proponents of an absolute two-party system who cannot see the value of other independent voices.
However, people should not be cowed into accepting the majority's point of view because the majority is not always right. Given some education and experience, people should have the freedom to practise what they believe, state their opinions, learn to accept differences in opinion, and accept responsibility for their beliefs and actions.
After all, this is what democracy is all about — an inalienable right for everyone, immaterial of their gender, ethnicity and age, to express and act freely but responsibly.Pendemokrasian KeADILan: Ke Arah Merealisasikan Gagasan Ketuanan Rakyat
Oleh YB Zulkifli Noordin
Hari Sabtu 19 Jamadil Akhir 1430/ 13 Jun 2009 adalah hari paling bersejarah dalam proses demokrasi dunia apabila Parti Keadilan Rakyat mengadakan Kongres Khas di Dewan Besar, Kolej Universiti Islam Antarabangsa Selangor (KUIS) di Bangi bertujuan untuk melakukan rombakan besar-besaran kepada Perlembagaan parti dalam usaha mengadakan reformasi kepada sistem pemilihan kepimpinan parti.
Reformasi perlembagaan ini dibuat dalam usaha “merakyatkan pemilihan” sesuai dengan slogan “Ketuanan Rakyat” yang diperjuangkan oleh PKR.
Buat pertama kali dalam sejarah dunia demokrasi, PKR telah membuka proses pemilihan terus kepada akar umbi dimana kesemua jawatan utama kepimpinan parti daripada Presiden sehingga ahli Majlis Pimpinan Parti akan dipilih melalui pengundian oleh ahli akar umbi. Ini adalah parti politik pertama didunia yang memberikan ahlinya kuasa “satu ahli satu undi”. Secara langsung kepimpinan parti akan mencerminkan kehendak dan asipirasi sebenar rakyat bawahan dan ahli akar umbi.
Ini juga sekaligus memustahilkan keujudan politik wang kerana hampir mustahil seseorang calon mampu membiayai kos pengundian dengan membeli tiap ahli parti!
Bagi seseorang ahli yang mahu menawarkan diri untuk bertanding, tiada sistem kuota dikenakan sebagai penghalang. Sebaliknya sesiapa juga ahli berdaftar berhak menawarkan diri untuk dicalonkan dan bertanding apa-apa jawatan.
Bagi memastikan Presiden tidak terlalu berkuasa, maka semua jawatan lantikan ke Majlis Pimpinan Parti saperti Setiausaha Agong, Bendahari, Ketua Komunikasi tidak mempunyai kuasa mengundi didalam mesyuarat MPP walaupun berhak hadir sebagai ahli mesyuarat.
Begitu juga untuk memastikan suara wanita memainkan peranan penting dalam proses kepimpinan parti, maka perlembagaan memperuntukkan kuota 30% kerusi kepimpinan kepada kalangan wanita.
Hari ini merupakan titik tolak kepada satu permulaan sejarah baru politik kepartian bukan sahaja bagi negara ini tetapi juga dipentas antarabangsa.
Banyak pihak menunjukkan minat untuk melihat keberkesanan reformasi pemilihan kepimpinan yang dibuat oleh PKR. Moga reformasi ini akan menjadi suatu permulaan positif kepada pembangunan politik dalam negara. Semoga cita-cita mengembalikan kuasa rakyat ke tangan rakyat dan perjuangan memperkasakan rakyat dengan slogan “Ketuanan Rakyat” akan menjadi kenyataan.
Suara rakyat suara keramat.
Salam reformasi!
Deaths in custody: Why the same race?
Another death in police custody, and it is another Indian Malaysian.
While the police claimed that the sudden death of burglary suspect A Gnanapragasam, 53, could be linked to drug addiction, an opposition party expressed concern over the trend of the same race meeting the same fate.
Deputy Inspector-General of Police Ismail Omar said the police were waiting for the post-mortem report on the wireman, a hardcore drug addict.
He also vowed that the police would not conceal information from the public pertaining to Gnanapragasam's sudden death.
"Prior to this, when a detainee dies in a lock-up, a magistrate and doctor will be brought over to look at, or examine the body before the body is removed," he was quoted as saying by Bernama.
A policeman found Gnanapragasam, a father of six, dead in a toilet at the Damansara Damai police station lock-up early yesterday.
Happens to the same race
Commenting on the matter, PKR communications director Johnson Chong said not only are the deaths increasingly frequent but they seem to happen only to suspects from a particular racial community.
"Although the police have asked the public not to speculate on the latest death, PKR hopes that both the inspector-general of police and home minister will seriously look into the matter before it becomes a full-blown racial issue in our country, which is already divided along racial lines," he added.
Chong said in light of Prime Minister Najib Abdul Razak's attempts to promote the concept of 1Malaysia, the authorities must ensure that no community, regardless of race, religion, gender or economic status, is sidelined or ill-treated.
Moreover, the fact that most, if not all, of the deaths in police custody are happening to Indian Malaysians reflect the reality that they have not been able to advance either socially or economically, he added.
He said the federal government must recognise that this is not only an issue of crime or law and order, but also one that requires an urgent government policy to assist the Indian community in Malaysia to overcome the social and economic realities faced by them.
"If the Umno-Barisan Nasional government is serious about the people being the first priority, they should take real steps to resolve this matter holistically and stop trying to cover-up the real causes of these deaths in custody," he added.
Form royal commission
Also expressing concern was PKR Bukit Lanjan assemblyperson Elizabeth Wong, whose constituency encompasses Damansara Damai.
According to her, the deceased's widow had met her husband on Friday, two days after he was arrested.
"During her visit, he informed her that he had complained to the magistrate who heard his remand that he was beaten in custody. Furthermore, his widow reported to me that her husband had a bruised right eye during her visit.
"His widow was then informed by the police that her husband was expected to be released on Monday without charges. Thus, it is shocking that a day before he is due for release, he was found dead," she said in a statement.
Wong said it is immaterial whether the suspect has a police record or not; a suspect is innocent until proven guilty in a court of law.
"One expects the police to be fully responsible for the well-being and fair treatment of suspects while being in their custody.
"I urge the home minister to investigate this case thoroughly and for all policemen on duty during the days when the deceased had reported he was beaten in the lock-up, leading to his demise, to be suspended pending the investigation," she added.
Wong also suggested that a Royal Commission of Inquiry on Deaths in Police Custody to be formed, for the numbers of persons dying in police custody is a matter of national concern.
"I join my fellow members of Parliament and state assemblypersons in urging for the formation of the Independent Police Complaints and Misconduct Commission (IPCMC) and a coroner's court to arrest this problem.
"It is our collective wish that after this tragic incident, no other person would enter into a police lockup and come out in a body bag," she said.
While the police claimed that the sudden death of burglary suspect A Gnanapragasam, 53, could be linked to drug addiction, an opposition party expressed concern over the trend of the same race meeting the same fate.
Deputy Inspector-General of Police Ismail Omar said the police were waiting for the post-mortem report on the wireman, a hardcore drug addict.He also vowed that the police would not conceal information from the public pertaining to Gnanapragasam's sudden death.
"Prior to this, when a detainee dies in a lock-up, a magistrate and doctor will be brought over to look at, or examine the body before the body is removed," he was quoted as saying by Bernama.
A policeman found Gnanapragasam, a father of six, dead in a toilet at the Damansara Damai police station lock-up early yesterday.
Happens to the same race
Commenting on the matter, PKR communications director Johnson Chong said not only are the deaths increasingly frequent but they seem to happen only to suspects from a particular racial community.
"Although the police have asked the public not to speculate on the latest death, PKR hopes that both the inspector-general of police and home minister will seriously look into the matter before it becomes a full-blown racial issue in our country, which is already divided along racial lines," he added.
Chong said in light of Prime Minister Najib Abdul Razak's attempts to promote the concept of 1Malaysia, the authorities must ensure that no community, regardless of race, religion, gender or economic status, is sidelined or ill-treated.Moreover, the fact that most, if not all, of the deaths in police custody are happening to Indian Malaysians reflect the reality that they have not been able to advance either socially or economically, he added.
He said the federal government must recognise that this is not only an issue of crime or law and order, but also one that requires an urgent government policy to assist the Indian community in Malaysia to overcome the social and economic realities faced by them.
"If the Umno-Barisan Nasional government is serious about the people being the first priority, they should take real steps to resolve this matter holistically and stop trying to cover-up the real causes of these deaths in custody," he added.
Form royal commission
Also expressing concern was PKR Bukit Lanjan assemblyperson Elizabeth Wong, whose constituency encompasses Damansara Damai.
According to her, the deceased's widow had met her husband on Friday, two days after he was arrested."During her visit, he informed her that he had complained to the magistrate who heard his remand that he was beaten in custody. Furthermore, his widow reported to me that her husband had a bruised right eye during her visit.
"His widow was then informed by the police that her husband was expected to be released on Monday without charges. Thus, it is shocking that a day before he is due for release, he was found dead," she said in a statement.
Wong said it is immaterial whether the suspect has a police record or not; a suspect is innocent until proven guilty in a court of law.
"One expects the police to be fully responsible for the well-being and fair treatment of suspects while being in their custody.
"I urge the home minister to investigate this case thoroughly and for all policemen on duty during the days when the deceased had reported he was beaten in the lock-up, leading to his demise, to be suspended pending the investigation," she added.
Wong also suggested that a Royal Commission of Inquiry on Deaths in Police Custody to be formed, for the numbers of persons dying in police custody is a matter of national concern.
"I join my fellow members of Parliament and state assemblypersons in urging for the formation of the Independent Police Complaints and Misconduct Commission (IPCMC) and a coroner's court to arrest this problem.
"It is our collective wish that after this tragic incident, no other person would enter into a police lockup and come out in a body bag," she said.
Latest Police Custodial Death Update 2
15 June 2009 Morning
1) UH Pathologist Dr Prasant called family member to check deceased body.
2) Family found blood stains , bruises all over death body including legs, Four (4) pen size hole on deceased back,
Blue black eyes.
3) ASP Ranjeet Singh at mortuary doesn’t allow family to carry any camera and phones. Why, are they so scared ?
4) Post mortem yet to commence.
5) Family may launch second police report based on their findings of deceased body this morning.
15 June 2009 Night (update 2)
1) Post Mortem complete and Burial permit issued but Family declined to accept body until they get explaination from Pathologist on cause of death especially on bruises and holes on deceased body.
2) Family expected to meet Dr Prasanth tomorrow early morning at the hospital for a briefing session. Family wants doctor to take photo of deceased body.
3) Funeral scheduled tomorrow evening.
Death in Custody When Malaysian Police Hunger will Satisfy?
Another Accused reported Death while under Police Custody At Sri Damansara Police Station. Last Friday June 12 Gnanaprasagam 53, father of 6 children reported had complaint to Petaling Jaya Majistrate willing police seeking remand against him that he was beaten up severely and seek immediate medical attention. However, the Majistrate denied his request and set him under remand.
Sunday about 1220 noon police had called on his wife for identification at University Hospital without given any reason of his death. Police only allowed his wife to view late Gnanapragasam’s face during the identification.
Later the family seeks the assistance of myself , YB S Sivarasa MP of Subang and YB Elizabeth Wong ,ADUN in seeking justice over her husband’s death.
His body found with bruises is currently at University Hospital Mortuary Petaling Jaya pending autospy and other procedures. Our request as elected representative to view the body was rejected by Hospital authority, however after pleading they allow his Wife and two sons view the body last night at the mortuary. Even then they only allowed to see his face and left part of upper body.
The family complainted his face and left part of his body found with lot more bruises then what they saw last friday.
Here is the police report made by his Wife accompanied by Human Right Lawyer Renuga , YB Sivarasa, YB Elizabeth Wong and myself at UH police beat.
The police feel unease on our presence with few supporters immediately ordered to issue summons on cars parked outside hospital compound around 11pm on ground it causing traffic flow when it’s moving smoothly.
Police must understand we are the lawmakers elected by the people , if the police force had carried out their duties and responsibility according to countries law they have noting to worry on our presence.
It looks like Police still in hunger killing accused in custody despite 80 over cases reported over last six years. As long as the country adminstration continue to neglect basic Human Right fundamentals , and as long as the ruling government protect their Servants from severe punishment aganist any wrong doing ,custodial death will continue. What are we going to do? Why, police act as RAJA in Malaysia until Government of the day afraid of them?
updated at 1049,15/6/09
I’m disappointed in you, Anwar
At this point you may be asking what is the point of this long grandfather’s story? The point is this. The Malay traitors from Negeri Sembilan helped the Imperialist Dutch to kill a Malay warrior, Raja Haji, my forefather. So I am very sensitive about this just like some Malays are sensitive about Chin Peng.
NO HOLDS BARRED
Raja Petra Kamarudin
Anwar’s stand on Chin Peng regrettable, says Hisham
KUALA LUMPUR: Opposition Leader Datuk Seri Anwar Ibrahim was not considering the people’s sensitivities and feelings when he said that Chin Peng – the former secretary-general of the Communist Party of Malaya (CPM) – be allowed to return to the country.
Home Minister Datuk Seri Hishammuddin Hussein said Anwar’s statement on the matter was regrettable because it was as though he wanted to forget both the history and the suffering and sacrifices of those who had died at the hands of the communist insurgents.
“The issue has been debated in the media and various quarters have given their views on the matter, while rejecting any effort to bring back Chin Peng,” he said in a press statement here yesterday.
Hishammuddin said allowing Chin Peng to return would only deepen the hurt of the people, especially the children and grandchildren of those who had fought to defeat the communist insurgency.
“Anwar should realise that his stance on the issue does not only cause uneasiness but also anger to various quarters,” he added.
On Saturday, Anwar said Chin Peng should be allowed to return to Malaysia to spend the rest of his twilight years, adding that this was also because the Malaysian and Chinese governments had long made peace with one another. — Bernama
*************************************************
I have no choice but to admit that this time I agree with what the son of Malaysia’s Third Prime Minister has to say. Anwar Ibrahim just does not understand the issue of sensitivities of children and grandchildren. And Hishammuddin has very aptly reminded us that we should at all times be sensitive to the feelings of children and grandchildren of those brutally killed in the past.
The problem is, Anwar may have gone to university but he did not major in history. If he did then he would have taken note of history before proposing anything as sensitive as calling for Chin Peng to be allowed back into the country. And to suggest that the government is denying permission for Chin Peng to return because he is Chinese while the others -- meaning Malay Communist leaders -- have been allowed to return -- and therefore this smacks of racism -- is not a valid argument. Read what the Menteri Besar of Pahang said about this issue.
"It’s different for Shamsiah Fakeh and Rashid Maidin, who were allowed to return as they were used by him.”
So there you have it, Anwar. Chin Peng was the user while Shamsiah Fakeh and Rashid Maidin were the usees. We can’t blame the usees as in most cases the usees allowed themselves to be used because the user tricked them into being used.
Okay, if you don’t know what I mean, let’s look at another scenario as a case in point.
The two police officers on trial for the murder of Altantuya is one such case in point. They are also usees. The two police officers were used to get rid of someone who was irritating certain people. So the usees are not to be blamed. We have to punish the user. But in the case of the murder of Altantuya we really don’t know who the user is and the High Court has ruled that Razak Baginda is not the user. And the Attorney-General, in all his wisdom, agrees with the court and that is why he has decided not to appeal Razak’s acquittal and for no other reason other than that.
If Anwar continues like this he would soon enough start losing credibility. Okay, maybe he is trying to ‘play politics’. But he should not allow politics to override other considerations such as the feelings and sensitivities of children and grandchildren. After all, are not children and grandchildren future voters? Are we trying to drive away these children and grandchildren into the waiting arms of Barisan Nasional?
I am a very sensitive person. In fact, I am very emotional and sentimental. I cry when I watch sad movies. Probably many already know that just by the manner in which I write and you may even regard that as something negative about me -- and probably not the only thing negative about me as far as you are concerned.
Of course, many women say that being emotional and sentimental makes me a good lover. But I would not like to elaborate on that matter lest you think I am trying to ‘market’ myself to the women or that I am blowing my own trumpet. It is better other people blow (I mean my trumpet) rather than I blow my own trumpet.
Anyway, back to the sensitive part. Many, Anwar included, do not understand matters related to sensitivities of children and grandchildren. Take me as one example. Being a self-confessed emotional and sentimental person, and being a child and grandchild myself (although I will be pushing 60 next year), I too am very sensitive about certain issues.
Let me elaborate on that lest you do not catch my drift. One of my forefathers, Raja Haji, was brutally murdered by the Dutch, who were then the rulers of Melaka. In case you do not know your history (as most Malaysians don’t), Raja Haji was nicknamed Raja Api (the Fire Prince) by the Dutch. And the reason is as follows:
The Dutch were the superpower in this region at that time. Even the English, French, Portuguese, Spanish, and all those other European superpowers could not defeat the Dutch. But Raja Haji and his band of Bugis pirates were able to defeat the Dutch.
Raja Haji laid siege to Melaka until the Dutch ran out of food and water. The Dutch then called for a peace treaty to be signed and agreed that all the ships that passed through the Straits of Melaka, and which the Dutch plundered, they would share the spoils 50:50 with the Bugis.
So it was a great Ali-Baba arrangement. And Raja Haji was probably the first to introduce this concept of Ali-Baba long before the launching of the New Economic Policy by Tun Razak in 1971. The Dutch did all the work of plundering any ship that passed through the Straits of Melaka and the Bugis got 50% of whatever was plundered without lifting a finger.
Then, one day, the Dutch decided to keep everything for themselves and not share anything with the Bugis. When Raja Haji found out that the Dutch had plundered an English ship rich with opium on the way from Hongkong to India, he got angry and, again, attacked the Dutch in Melaka.
Again, Melaka came under siege and it looked like this time Raja Haji was going to wipe out the Dutch once and for all. This time: no treaty. This time: Dutchman go home! (That’s where the Vietnamese for the ‘Yankee Go Home’ slogan from. It was the Bugis who first started it.)
The Dutch were desperate. They could fight the French, the English, the Portuguese, the Spanish, but the Bugis were just too fierce and not easy to defeat. The Dutch then enlisted the help of the Negeri Sembilan Malays, the Minangkabau people. And while the Bugis engaged the Dutch from the front, the Negeri Sembilan people attacked the Bugis from the back.
Now, we must understand, it is easy to face an enemy from the front. But when someone takes you from behind it is not so easy to defend yourself. And the Bugis were defeated and Raja Haji was killed.
The Dutch, however, refused to hand over Raja Haji’s body. They took his body onto the ship called The Dolphin with a view to bring the body home -- maybe they wanted to embalm it and put it in a museum or something like that.
But the ship was never able to leave port. That same night, The Dolphin mysteriously exploded killing everyone on board. The ship just sank in a ball of fire but Raja Haji’s body was untouched. The Dutch were so scared they handed Raja Haji’s body back to the Bugis and from that day on renamed him Raja Api.
At this point you may be asking what is the point of this long grandfather’s story? The point is this. The Malay traitors from Negeri Sembilan helped the Imperialist Dutch to kill a Malay warrior, Raja Haji, my forefather. So I am very sensitive about this just like some Malays are sensitive about Chin Peng.
Now do you know why I so bitterly oppose Khairy Jamaluddin and Rosmah Mansor, both Malays from Negeri Sembilan? And now do you know why I am very sensitive about them becoming our leaders? And, also, now do you know why I will leave no stone unturned in ensuring that they will never become leaders of this country? It’s that old sensitive thingy, old chap. I have a murder to avenge, the murder of Raja Haji and thousands of Bugis, more people killed than the 5,000 that Chin Peng and the CPM ever killed.
I hope this piece of mine about the sensitivities of children and grandchildren explain matters and puts everything in its proper perspective. And I urge Anwar to understand why the sensitivities of children and grandchildren are very important. Before you propose anything make sure you look into this angle first and do not propose anything that will rub the sensitivities of children and grandchildren the wrong way.
A brutal fight on the cards in MIC
By Baradan Kuppusamy - The Malaysian Insider
KUALA LUMPUR, June 15 —It is back to square one for the MIC with party president Datuk Seri S. Samy Vellu publicly attacking his former deputy Datuk S. Subramaniam over a number of issues, indicating that a peace pact between them brokered in the wake of the party’s massive defeats on March 8, 2008, is all but over.
With Samy Vellu nearing his retirement and the top party leadership up for grabs, the old Samy Vellu-Subra rivalry that had divided the party for three decades, has returned.
“We have no choice but to fight it out if Subramaniam is betrayed,” said K.P. Samy, a die-hard Subramaniam loyalist, told The Malaysian Insider.
“I won’t discount the possibility that Subra might field a line-up to contest all posts,” he said, adding a head-on battle, if it happens, would be brutal.
Such a fight would divide the party down the line, said a former MIC vice-president, adding the party might break up and some factions might join the DAP and the PKR.
“In the end the Barisan would be the big loser,” he said, urging Samy Vellu to stick to his promise, both to Subramaniam, to the BN and to the Indian community, to retire gracefully and let the rank and file decide the new leadership in a "free and fair" election.
"The last thing he should do is take sides," he said, adding that the PKR is constantly wooing veteran MIC leaders.
It is believed that several veteran MIC leaders have come together and formed an informal group and are planning to speak up “for the MIC” in the weeks ahead.
At stake in the contest are the deputy president, three vice-presidents and 25 seats in the central working committee.
After promising to be above the fray, Samy Vellu is now openly endorsing incumbent deputy Datuk G. Palanivel and in the process has angered another loyalist, vice-president Datuk S. Sothinathan, who has announced he would contest for the deputy post.
Besides them and Subramaniam, former party treasurer Datuk V.K.K. Teagarajan also announced, nine months ago, he was contesting for the deputy president’s post.
But sources close to him say he is now seeking a vice-president’s post in a Subramanian lineup, if it takes shape along, with other MIC veterans sidelined by Samy Vellu.
They believe the ground is good for a "rebellion" after 30 years under Samy Vellu's leadership. "We want change... anybody but Samy Vellu and his coterie," said a MIC branch chairman.
Four days after the March 8 disaster Samy Vellu and Subramaniam met for peace talks and during the talks the two had agreed to end their long standing feud, MIC sources said.
Both agreed to close ranks, revive the party's fortunes and let the delegates decide, in a free and fair fight, as to who should lead the party after Samy Vellu.
Subramaniam came under heavy fire from his supporters for cutting a deal with Samy Vellu who they believe was unlikely to honour the deal.
They said Samy Vellu, who was facing re-election as president, made up with Subramaniam only to stop the former from challenging him.
After the pact Samy Vellu and Subramaniam once again emerged on the stage together as friends and were seen speaking, shaking hands and embracing each other.
However, in recent weeks Samy Vellu, who was elected unopposed as president in April, has lashed out at Subramaniam, blaming him for the failure of Maika Holdings, among other things.
He also said he needed a deputy with whom he could work with, adding Palanivel as the incumbent was known to him and able to work with him, implying Subramaniam was not the candidate of his choice.
Party insiders said Samy Vellu, by lashing out at Subramaniam, is trying to win over delegates who fear that Subramaniam, if he becomes president, might order a clean up of the party and its sorry finances.
“Many older delegates who have benefited from Samy Vellu's leadership fear a Subramaniam takeover. But the younger delegates are all for reform and for change,” party insiders said.
“The problem is that the majority of the delegates are old guards and unwilling to call it a day,” they said.
Latest lock-up death might be drug-related – Deputy IGP
KUALA LUMPUR, June 15 – A day after police warned the public not to speculate on the latest case of sudden death in police custody, Deputy Inspector-General of Police Tan Sri Ismail Omar speculated that the death of a burglary suspect at the Damansara Damai police station might be linked to his drug addiction.
Nevertheless, he said, the police were waiting for the post-mortem report to determine the cause of death.
Wireman A. Gnanapragasam was known to be a hardcore drug addict, he said.
Ismail said the police would not conceal from the public any information pertaining to Gnanapragasam's sudden death.
“Prior to this, when a detainee dies in a police lock-up, a magistrate and a doctor would be brought over to look at, or examine the body before the body was removed,” he told reporters after opening the Human Rights Workshop for Asean Police Trainers here today.
A policeman found Gnanapragasam, 53, dead in a toilet at the police station early yesterday.
On the search for blogger Raja Petra Raja Kamaruddin and Selangor executive councillor Elizabeth Wong’s former boyfriend Helmi Malek who had fled overseas despite arrest warrants issued against them, Ismail said the police were working closely with Interpol to locate them.
He said a “Red Notice” – seeking the provisional arrest of a wanted person with a view to extradition based on an arrest warrant or court decision – would be issued against Raja Petra, if necessary.
Meanwhile, Petaling Jaya police chief ACP Arjunaidi Mohamed, who appealed to the public not to speculate on the case, said a team had been set up to probe the cause of Gnanapragasam’s death.
He said the post-mortem report was expected to be ready by tomorrow. Gnanapragasam was held under remand for four days to facilitate investigations into a burglary in Sungai Buloh.
He had nine previous criminal records, including theft and a drug-related case, in the Klang Valley.
Meanwhile, Gnanapragasam’s wife, known only as Mala, 40, said she was shocked to find many injuries on her husband’s body, face and hands.
“We suspect foul play and urge the authorities to conduct a thorough investigation into the case,” she said when met at the Universiti Malaya Medical Centre morgue today.– Bernama
Something Sensible From UMNO Youth
by M. Bakri Musa
I am heartened that UMNO Youth supports the proposal that a pass in English be mandatory in securing the SPM certificate. I commend the organization in going further then merely supporting the proposition. Among others, UMNO Youth suggests increasing the number of English teachers in rural schools and hiring foreign native-speaking English teachers as well as those retired teachers trained under the old system and thus fluent in English.
I wish that UMNO Youth would be more daring and follow the example of its sister wing, UMNO Puteri, and support the continuation of the teaching of science and mathematics in English. I would also prefer that they would support the proposal making a pass in MUET be mandatory for university entrance. That notwithstanding, the stand taken by these two junior UMNO organizations is in stark contrast to that taken by Pakatan Rakyat partners.
Supporting or adopting a policy is one thing; effectively implementing it is entirely another. This is where our leaders and institutions have failed us miserably. And when they fail in executing a policy effectively, the blame would go not on these ineffective and incompetent officials but on the policy itself. This makes the later resurrection of an otherwise sound policy that much more difficult.
The policy of teaching of science and mathematics in English is a prime example of this. When Prime Minister Mahathir introduced it in 2003, I suggested that it be implemented in stages, beginning first with our residential schools. There the students are generally brighter, teachers more well trained, and facilities much superior. It would be much easier to work out the inevitable kinks like the availability of teachers and textbooks in such a controlled environment. When those issues are resolved, the program could then be extended.
As for textbooks, I suggested that instead of wasting time and effort at re-inventing the wheel, meaning retranslating existing texts in Malay into English, we should buy already available modern textbooks in English from established global publishers. With the ministry’s purchasing clout (we were looking at literally hundreds of thousands of copies) it should be able to secure substantial discounts.
Additionally we should convert some existing teachers’ training colleges into exclusively English-medium institutions. Recognizing that the language skills of new teacher trainees were highly deficient, I suggested that they be given a year of English-immersion classes combined with improving their science and mathematics before they enter teacher training.
As an added enticement, prepare the more talented students to take the American SAT examination and send the high scorers to top universities in America. With their now enhanced language skills as well superior proficiency in science and mathematics, they would be more than well-prepared for the SAT.
We all recognize that the teaching of science and mathematics is not the best way to enhance the English proficiency of our students. It would however ease their acquisition of new scientific knowledge; we cannot depend on translations because of the inevitable time lag.
Consequently, in addition to teaching science and mathematics in English I suggested also teaching one or two other subjects in English. My prime candidate would be Islamic Studies because of its high language content as well as the increasing number of literature now written in English. Next to Arabic, English is now the most important language in Islam. As an added bonus, it would also broaden our students’ understanding of our faith. It would also attract others whose mother tongue is not Malay to learn about Islam.
Similarly in making MUET mandatory for university admission, I would introduce the policy incrementally. To begin with, those currently qualified to enter sans a pass in MUET be given a year or two to make up their deficiency. Meaning they would have to defer their admission until they pass their MUET. They would be more likely to make up their deficiency if they were to concentrate only on improving their English.
Incidentally, taking a year or two off between high school and university is now fast becoming very popular with American students. They use that hiatus to travel, acquire specific skills, or just to earn some money for college.
Had our leaders and officials done these (and many others) our students today – particularly Malays – would have enhanced English language skills as well as superior proficiency in science and mathematics. That in turn would enhance their value in the market place, quite apart from making them more educated in the broadest sense of the word.
Most importantly, we would not again be distracted by yet another unneeded major controversy in our education policy.
All Is Not Lost
All is not lost, however; we could still recover from our initial fumble by being better prepared this time. Consider the proposal to hire retired and foreign teachers.
If we hire any Australian or British teacher without carefully scrutinizing their abilities then we would not advance the policy. Apart from having the necessary academic qualifications, these teachers must also demonstrate an ability to be free from what is euphemistically termed thick “mother tongue influence” (accent). This is a major problem with teachers and lecturers we recruited from India and Pakistan. Similarly, a teacher with a thick Cockney or outback accent would be equally incomprehensible in our classrooms.
I suggest that we recruit teachers from English Canada or Midwestern United States because they speak as close as possible to what is termed standard or international English. Another equally good and much cheaper source would be Eastern Europe. Learning another language is tough; there is no need to burden our young in trying to decipher a thick Cockney, Australian, or for that matter, a heavy Southern accent.
Having Polish teachers serves another advantage; I am amazed how well Polish students could speak English even though that is not their mother tongue. They do not even have an accent. Their success and experience could help our students overcome their own problems of learning a second language.
Recruiting retired teachers too presents its own sets of problems. As they speak English well, their presence would only expose the glaring inadequacies of current teachers. This would not sit well with them, especially the headmasters. When talking to these retired teachers, the greatest obstacle they face (apart from the bureaucratic hoops the have to undergo) is the unwelcome attitude of their current colleagues. To overcome this we need to give financial incentives for headmasters to recruit these retired teachers or find ways to overcome the resistance of the current teaching personnel.
Regardless, when we do recruit these retired and foreign teachers, we must ensure that they are not assigned alone to a particular school. We must have at least five or six of them at any one school. In that way they could find mutual support for each other and because of their “critical mass,” they could influence the students and the rest of the teachers.
Attention to these details is important to a policy’s success. If our officials ignore them or are not diligent when implementing the policy, it would surely fail. Then we would end up again with never-ending controversies and divisiveness.
The current controversy over the teaching of science and mathematics in English is not due to the inherent defect of the policy (on the contrary it is a sound policy) rather its implementation had been botched by our incompetent officials. Let us ensure that we do a better job in trying to enhance the English skills of our students.
A brutal fight on the cards in MIC
By Baradan Kuppusamy
KUALA LUMPUR, June 15 —It is back to square one for the MIC with party president Datuk Seri S. Samy Vellu publicly attacking his former deputy Datuk S. Subramaniam over a number of issues, indicating that a peace pact between them brokered in the wake of the party’s massive defeats on March 8, 2008, is all but over.
With Samy Vellu nearing his retirement and the top party leadership up for grabs, the old Samy Vellu-Subra rivalry that had divided the party for three decades, has returned.
“We have no choice but to fight it out if Subramaniam is betrayed,” said K.P. Samy, a die-hard Subramaniam loyalist, told The Malaysian Insider.
“I won’t discount the possibility that Subra might field a line-up to contest all posts,” he said, adding a head-on battle, if it happens, would be brutal.
Such a fight would divide the party down the line, said a former MIC vice-president, adding the party might break up and some factions might join the DAP and the PKR.
“In the end the Barisan would be the big loser,” he said, urging Samy Vellu to stick to his promise, both to Subramaniam, to the BN and to the Indian community, to retire gracefully and let the rank and file decide the new leadership in a "free and fair" election.
"The last thing he should do is take sides," he said, adding that the PKR is constantly wooing veteran MIC leaders.
It is believed that several veteran MIC leaders have come together and formed an informal group and are planning to speak up “for the MIC” in the weeks ahead.
At stake in the contest are the deputy president, three vice-presidents and 25 seats in the central working committee.
After promising to be above the fray, Samy Vellu is now openly endorsing incumbent deputy Datuk G. Palanivel and in the process has angered another loyalist, vice-president Datuk S. Sothinathan, who has announced he would contest for the deputy post.
Besides them and Subramaniam, former party treasurer Datuk V.K.K. Teagarajan also announced, nine months ago, he was contesting for the deputy president’s post.
But sources close to him say he is now seeking a vice-president’s post in a Subramanian lineup, if it takes shape along, with other MIC veterans sidelined by Samy Vellu.
They believe the ground is good for a "rebellion" after 30 years under Samy Vellu's leadership. "We want change... anybody but Samy Vellu and his coterie," said a MIC branch chairman.
Four days after the March 8 disaster Samy Vellu and Subramaniam met for peace talks and during the talks the two had agreed to end their long standing feud, MIC sources said.
Both agreed to close ranks, revive the party's fortunes and let the delegates decide, in a free and fair fight, as to who should lead the party after Samy Vellu.
Subramaniam came under heavy fire from his supporters for cutting a deal with Samy Vellu who they believe was unlikely to honour the deal.
They said Samy Vellu, who was facing re-election as president, made up with Subramaniam only to stop the former from challenging him.
After the pact Samy Vellu and Subramaniam once again emerged on the stage together as friends and were seen speaking, shaking hands and embracing each other.
However, in recent weeks Samy Vellu, who was elected unopposed as president in April, has lashed out at Subramaniam, blaming him for the failure of Maika Holdings, among other things.
He also said he needed a deputy with whom he could work with, adding Palanivel as the incumbent was known to him and able to work with him, implying Subramaniam was not the candidate of his choice.
Party insiders said Samy Vellu, by lashing out at Subramaniam, is trying to win over delegates who fear that Subramaniam, if he becomes president, might order a clean up of the party and its sorry finances.
“Many older delegates who have benefited from Samy Vellu's leadership fear a Subramaniam takeover. But the younger delegates are all for reform and for change,” party insiders said.
“The problem is that the majority of the delegates are old guards and unwilling to call it a day,” they saidHisham defends police action in Perak assembly
KUALA LUMPUR, 15 June 2009: Home Minister Datuk Seri Hishammuddin Hussein defended the action by police in entering the Perak state legislative assembly to remove embattled Speaker V Sivakumar from the assembly hall on 7 May.
Hishammuddin (File pic
courtesy of theSun) Hishammuddin said that the move was taken to restore order and was in accordance with the standing order of the Perak state legislative assembly.
It was also done following a request by the new speaker, Datuk S Ganesan, that the police assist the sergeant-at-arms to remove Sivakumar as he no longer held the post.
"Despite being repeatedly ordered to vacate his seat, Sivakumar refused to budge, prompting the new speaker to ask police to enter the assembly hall to restore order and assist the sergeant-at-arms to remove him," he said in reply to Datuk Seri Anwar Ibrahim (PKR-Permatang Pauh) and Datuk Ngeh Koo Han (DAP-Beruas) during question time in the Dewan Rakyat today.
Anwar and Ngeh wanted the government to explain Sivakumar's removal from the assembly.
Refuting claims that police had intruded on the Perak legislative assembly, Hishammuddin said the move by the speaker in requesting police to help restore order was in accordance with Standing Order 89 and 90.
To a question by Datuk Idris Haron (BN-Tangga Batu) on the way the media reported the incident, Hishammuddin said the media could choose to report the matter in any way they wanted.
He said the incident was fully recorded in the state assembly Hansard from the start until the opening of the state legislative assembly by the Raja Muda of Perak, Raja Dr Nazrin Shah.
"There are a series of interruptions recorded in the very first page of the Hansard. There are eight interruptions recorded in page six, nine in page seven... there are no interruptions recorded after page 24.
"Only then could Raja Dr Nazrin deliver his speech without interruption. We took action to restore order. After that, the Perak state legislative assembly proceeded smoothly," Hishammuddin said. — Bernama
Riot police fire tear gas as 1,000 Iranians protest in KL
Photos by Rakyat@work. View his blog here.
1814: The crowd of protestors swelled to a thousand. Riot police fired rounds of tear gas, but, according to another eye-witness behind police ranks, some of the fumes gusted back to the police as well. Either the shots were fired too low or the wind was blowing in the wrong direction, he said.
Stung by the fumes, the protesters, many of them bearing placards with messages such as “Ahmadi get out” and “Stop coup d’etat in Iran”, have dispersed; others have re-grouped along Jalan U Thant.
The cops are looking a little more relaxed now.
1717: The only shouts are from the police to the demonstrators, telling them not to display their placards. The crowd appears very organised, according to Rakyat@work at the scene.
1708: About 60 FRU personnel are at the scene now.
1655: Some 400 Iranians are now protesting at the UN Building in Damansara in KL now. More are arriving. They are now locked in a standoff with FRU personnel at the scene.
First step of many to repair the judiciary
The New Straits Times
Aniza Damis
14 June 2009
Q: What is your opinion of this bill?
A: It's a step in the right direction, but there should have been a consultation process in coming up with the bill.
There is also the issue of the missing Judges' Code of Ethics 2008, which we have yet to see. There are several shortcomings with the bill. The first is that there is no procedure for lodging a complaint against a judge.
There is also insufficient provision for the actual judges' ethics committee's investigative and adjudicative process.
And in terms of accountability, there should be a requirement for the publication of an annual report with the number of complaints lodged, how many are disposed of and action taken on a no-name basis.
If one were to compare this with other jurisdictions in terms of international best-practices, for example, the United States, Britain, Australia and Canada, these are the basics that they have in their judicial conduct process.
And I think Britain has taken it one step further where they have a Judicial Appointments and Conduct Ombudsman, which actually looks at the Office of Judicial Complaints process and ensures that the Office of Judicial Complaints itself is performing.
So, in Britain, you have an investigative body and an oversight body as well.
Q: If all the shortcomings were addressed, would this be a comprehensive bill?
A: If it's addressed in the bill and the code, yes.
Our present code is rather bare. It only provides for 10 different prohibitions.
These prohibitions are based on the six Bangalore Principles on Judicial Conduct -- judicial independence, impartiality, integrity, propriety and appearance of propriety, equality in treatment to all, competence and diligence.
While the judges' code of ethics 1994 (amended 2000), attempts to address these six principles, I think it can be fleshed out.
We don't have to re-invent the wheel, we can just look at the other jurisdictions.
There are two issues in Malaysia that we ought to address: First, whether judges who retire ought to be allowed to appear as advocates in the courts; and second, how do we prevent the "Lingam-gate" situation from happening again.
The judges' code of ethics is just one dimension. But I think the public is still wondering what has happened to the criminal investigation, and the royal commission's findings and recommendations.
Q: This committee just investigates; it doesn't take any action. Is this a problem?
A: Yes. Unlike other jurisdictions, there is no disciplinary sanction.
In Malaysia, under Article 125 of the Federal Constitution, the only sanction that's provided for against a misbehaving judge is removal.
But in England, you can actually have guidance, formal warning, reprimand, and removal.
For example, in 2007, an English High Court judge, Sir Peter Smith, was reprimanded for refusing to recuse himself from a case involving a law firm, against which he had shown undoubted animosity, because he was actually in negotiations with the firm to go and work with that firm.
And when the negotiations broke down, he was very bitter about it.
So, there was a clear bias there on the part of the High Court judge, but he refused to recuse himself, and the then Lord Justice reprimanded him.
Judicial misconduct occurs all over the world. Recently in the United States, a Federal Court judge, Samuel Kent, was removed for repeated sexual molestation of two female court employees.
But the difference between what goes on in Britain and the US, and what goes on in Malaysia, is that in those countries, you get to know about what happens; you get to know that misbehaving judges are punished.
In Malaysia, too much about misbehaving judges is done by way of one-to-one complaints by the Bar to senior judges.
Q: The inquiry is held in camera (confidentially, not open to the public). So, if someone is found to have committed a misconduct, should that finding be made known?
A: Yes.
In other jurisdictions, they disclose the number of complaints received, and what happens to them; whether the complaints are upheld or dismissed.
In England, there's an ombudsman who will act on the complaints about the complaints process itself.
Let's draw the distinction between complaints about the decision and complaints about conduct.
Complaints about a decision go on appeal (in the courts), and complaints about the conduct of a judge goes to this forum (the committee) to be addressed.
Another problem about the bill is Clause 9, which states that the inquiry refers only to any breach of provisions in the code of ethics.
This bill should provide for complaints of any kind -- whether it's a breach of the ethics code or otherwise.
Q: If this bill is passed, if there's an inquiry and a person is found guilty, what happens next? The law only provides for a tribunal in a case that warrants removal of the judge.
A: That then begs the question: What are the disciplinary sanctions short of removal? The bill doesn't specify it. It may be addressed in the code of ethics, but it should be specified in the bill itself.
Q: How effective is this committee actually going to be?
A: Like everything else in Malaysia, it all depends on the individuals: Whether they're going to be vigilant, whether they're prepared to be transparent, and demonstrate public accountability.
The present structure of the judges' ethics committee is insufficient, so far as public accountability is concerned.
For one thing, there's no provision for an annual report; secondly, all proceedings are in camera.
In other jurisdictions, certain proceedings can be conducted in public, where the public interest element in the complaint is such that the public interest would over-ride the confidentiality of the public office holder.
Q: They would only investigate within the scope of what is a breach of the code of ethics?
A: Yes.
England has provisions for conduct after retirement. So, even if you're a retired judge, there might be a possibility for proceedings there (in the committee).
Q: The decision of the committee is final and conclusive. It can't be challenged, appealed, reviewed, nullified or questioned in any other court. Is that good or bad?
A: As far as I am aware, I don't see this in any other jurisdiction.
But I can see the rationale for it; otherwise, what might happen is that the decision of this committee would be unnecessarily be challenged in the High Court, Court of Appeal or Federal Court.
That's why a review body should be built into this bill, and it should have an external membership. The composition should be of people who have never been a judge.
This would kill off the perception that judges are looking after themselves.
Alternatively, there should be an ombudsman, to look at whether or not the process of complaints was conducted appropriately.
Q: If the committee is run primarily by members of the judiciary, what needs to be done so that it won't be seen as just "brothers looking after brothers"?
A: There are two dimensions to that. The present Chief Justice appears to be working hard to improve the efficiency of the judiciary. The disposal rate of cases has increased.
But there are still some black-sheep in the judiciary, and these are the ones that have to be weeded out.
First, we need to see stronger public action by the judiciary, in terms of what it is doing to weed out the black-sheep.
Second, there has to be an oversight dimension to it, by way of external members or an ombudsman.
At the end of the day, it's the individuals. If you appoint the right judge, who's intelligent, honest, has integrity, the right temperament and knows how to behave then we wouldn't be where we are today.
Q: If this bill is passed in this session and a committee is set up, do we have enough people in the judiciary to restore confidence in it?
A: I think there are. The majority of our judges are honest and competent. But there are a few black sheep that tarnish the image of the judiciary. The Chief Justice should take stronger action against the black sheep.
Q: The procedure for the inquiry is not on paper. What needs to be included?
A: Initiation of the complaint, withdrawal of the complaint; and there needs to be a threshold that has to be satisfied.
For instance, when you look at a complaint and there are insufficient particulars, should you write to the complainant? Or, do you need corroborative evidence from the complainant?
Once the threshold is satisfied, what happens next? It says here it is not a trial, but it is an inquiry on any breach of the provisions of the code of ethics. It doesn't provide for the complainant to be able to testify, with or without other witnesses.
Q: In England, there is a nominated judge, who assists the Lord Chief Justice in determining whether or not to charge.
A: This is to determine whether or not there are merits to the complaint. The nominated judge filters vexatious, unmeritorious complaints.
Once that threshold is satisfied, it goes to an investigating judge, and then after that a review body, comprising two judges and two lay persons. So, in England, it's a three-step process.
Q: Wouldn't this take up a lot of the judges' time?
A: The public deserves, and expects higher standards from our judges.
If you hold judicial office, your standard of behaviour, both on the bench and off the bench, has to be of the highest standards. The public expects that, because of the powers that are vested in your office. A judge determines the lives and fortunes of the people.
Q: We don't have a nominated judge system, and this bill doesn't tell us how the complaint gets to the CJ, and neither does it tell us how the CJ decides to charge. And, since we don't know if or when a complaint has gone up to the CJ, we don't know whether he's discarded any of the complaints.
A: We should have mechanisms for that. And that's why an annual report should be produced as well, on a no-name basis (the judge is not named).
These are things that are lacking in this bill, which should be in the bill. The code of ethics should prescribe the dos and don'ts of behaviour, but the bill should prescribe the process.
Q: These concerns have been voiced before, and yet this bill is going to second reading without any amendments being made to it. Why is this?
A: The government has to change its mindset on how bills are tabled in parliament.
The common statements we hear from ministers is: "Let's get this legislation through first, and then when we encounter bottlenecks or problems, we'll amend the law."
The mindset should be: "Let's go through a consultation process with all the stakeholders and get as perfect as possible a piece of legislation."
Pieces of legislation such as this should go through the entire consultation process of the Law Reform Committee
Q: Would it be more beneficial to society for the government to temporarily withdraw the bill? Or should it proceed with it?
A: If the government were to withdraw it, it should withdraw it to refer it to a consultative process.
Then, have it re-tabled for first reading in the budget session.
The Bar has looked at it and given its views, so, if the government is prepared to sit with the Bar, we are more than happy to assist them.
Q: Who was involved in the drafting of this bill?
A: Probably the Attorney-General's Chambers and the judiciary. We were not consulted.
Q: Do you think you have a right to be consulted?
A: Yes. This affects the administration of justice. The Bar has always given its views on any issue affecting the administration of justice. And I think the public deserves to be consulted.
Q: This bill as it stands, does it have bite?
A: It is two steps forward, when more could have been done. So, it does take us forward, slightly.
Q: How would we know that it's taking us forward slightly when we don't know what the complaint is, whether it's being investigated, whether there are any actions, and what the actions are? All we know is there's a panel that might or might not meet. Does this mean that this committee only exists on paper?
A: It would appear so. To me, the judiciary has set up a mechanism to look into all this but there is no accountability.
After this bill is passed, the committee can operate in the dark, under the radar.
Q: Under the current law, the Chief Justice decides whether a case should go before a tribunal. How does the CJ decide whether something is serious enough to warrant a removal?
A: The law doesn't say.
Q: As a lawyer, what would be your understanding of how bad it has to be for a judge to warrant removal?
A: To me, it would be corruption, fraud, judges making decisions influenced by politics or whatever else, sexual harassment, incompetence, slow disposal rate of cases.
The last two, incompetence and slow disposal of cases, depends on the extent of it.
But corruption, bribery, and decisions made as a result of influence, should be outright removable offences.
Q: Was the pre-1988 judiciary a mythical era that everyone remembers fondly, but actually wasn't that great?
A: Partly. If you recollect all the pre-1988 decisions, when it comes to administrative law and human rights law, it was very pro-government. But, such was the depth of how low we we've gone, that, even pre-1988 is considered a "golden era" for the judiciary!
But to be fair, senior Singapore lawyers have told me that they consider the pre-1988 judiciary to be superior to their judiciary. So, in some ways it's a golden era, and in other ways -- when you look at the judgment of Eusoffe Abdool Cader, Tun Suffian Hashim -- they were very pro-government.
Q: A decision doesn't have to be anti-government for it to be fair, does it?
A: No, of course not. The decisions they made were well-reasoned, and well-written.
And pro-government judges like Suffian, Eusoffe, and Raja Azlan (now Sultan Azlan Shah of Perak) were considered to be independent and very competent.
A lot of work has to be done to restore the confidence in the judiciary to the pre-1988 era. That work has to be done by all the judges and all the lawyers together.
Aniza Damis
14 June 2009
The Judges’ Ethics Committee Bill, which empowers a committee to investigate judicial misconduct, will be tabled for second reading and debated in the parliamentary session which starts tomorrow. Is this a good and comprehensive bill? What else needs to be done? ANIZA DAMIS speaks to Bar Council vice-president Lim Chee Wee about the bill
Q: What is your opinion of this bill?
A: It's a step in the right direction, but there should have been a consultation process in coming up with the bill.
There is also the issue of the missing Judges' Code of Ethics 2008, which we have yet to see. There are several shortcomings with the bill. The first is that there is no procedure for lodging a complaint against a judge.
There is also insufficient provision for the actual judges' ethics committee's investigative and adjudicative process.
And in terms of accountability, there should be a requirement for the publication of an annual report with the number of complaints lodged, how many are disposed of and action taken on a no-name basis.
If one were to compare this with other jurisdictions in terms of international best-practices, for example, the United States, Britain, Australia and Canada, these are the basics that they have in their judicial conduct process.
And I think Britain has taken it one step further where they have a Judicial Appointments and Conduct Ombudsman, which actually looks at the Office of Judicial Complaints process and ensures that the Office of Judicial Complaints itself is performing.
So, in Britain, you have an investigative body and an oversight body as well.
Q: If all the shortcomings were addressed, would this be a comprehensive bill?
A: If it's addressed in the bill and the code, yes.
Our present code is rather bare. It only provides for 10 different prohibitions.
These prohibitions are based on the six Bangalore Principles on Judicial Conduct -- judicial independence, impartiality, integrity, propriety and appearance of propriety, equality in treatment to all, competence and diligence.
While the judges' code of ethics 1994 (amended 2000), attempts to address these six principles, I think it can be fleshed out.
We don't have to re-invent the wheel, we can just look at the other jurisdictions.
There are two issues in Malaysia that we ought to address: First, whether judges who retire ought to be allowed to appear as advocates in the courts; and second, how do we prevent the "Lingam-gate" situation from happening again.
The judges' code of ethics is just one dimension. But I think the public is still wondering what has happened to the criminal investigation, and the royal commission's findings and recommendations.
Q: This committee just investigates; it doesn't take any action. Is this a problem?
A: Yes. Unlike other jurisdictions, there is no disciplinary sanction.
In Malaysia, under Article 125 of the Federal Constitution, the only sanction that's provided for against a misbehaving judge is removal.
But in England, you can actually have guidance, formal warning, reprimand, and removal.
For example, in 2007, an English High Court judge, Sir Peter Smith, was reprimanded for refusing to recuse himself from a case involving a law firm, against which he had shown undoubted animosity, because he was actually in negotiations with the firm to go and work with that firm.
And when the negotiations broke down, he was very bitter about it.
So, there was a clear bias there on the part of the High Court judge, but he refused to recuse himself, and the then Lord Justice reprimanded him.
Judicial misconduct occurs all over the world. Recently in the United States, a Federal Court judge, Samuel Kent, was removed for repeated sexual molestation of two female court employees.
But the difference between what goes on in Britain and the US, and what goes on in Malaysia, is that in those countries, you get to know about what happens; you get to know that misbehaving judges are punished.
In Malaysia, too much about misbehaving judges is done by way of one-to-one complaints by the Bar to senior judges.
Q: The inquiry is held in camera (confidentially, not open to the public). So, if someone is found to have committed a misconduct, should that finding be made known?
A: Yes.
In other jurisdictions, they disclose the number of complaints received, and what happens to them; whether the complaints are upheld or dismissed.
In England, there's an ombudsman who will act on the complaints about the complaints process itself.
Let's draw the distinction between complaints about the decision and complaints about conduct.
Complaints about a decision go on appeal (in the courts), and complaints about the conduct of a judge goes to this forum (the committee) to be addressed.
Another problem about the bill is Clause 9, which states that the inquiry refers only to any breach of provisions in the code of ethics.
This bill should provide for complaints of any kind -- whether it's a breach of the ethics code or otherwise.
Q: If this bill is passed, if there's an inquiry and a person is found guilty, what happens next? The law only provides for a tribunal in a case that warrants removal of the judge.
A: That then begs the question: What are the disciplinary sanctions short of removal? The bill doesn't specify it. It may be addressed in the code of ethics, but it should be specified in the bill itself.
Q: How effective is this committee actually going to be?
A: Like everything else in Malaysia, it all depends on the individuals: Whether they're going to be vigilant, whether they're prepared to be transparent, and demonstrate public accountability.
The present structure of the judges' ethics committee is insufficient, so far as public accountability is concerned.
For one thing, there's no provision for an annual report; secondly, all proceedings are in camera.
In other jurisdictions, certain proceedings can be conducted in public, where the public interest element in the complaint is such that the public interest would over-ride the confidentiality of the public office holder.
Q: They would only investigate within the scope of what is a breach of the code of ethics?
A: Yes.
England has provisions for conduct after retirement. So, even if you're a retired judge, there might be a possibility for proceedings there (in the committee).
Q: The decision of the committee is final and conclusive. It can't be challenged, appealed, reviewed, nullified or questioned in any other court. Is that good or bad?
A: As far as I am aware, I don't see this in any other jurisdiction.
But I can see the rationale for it; otherwise, what might happen is that the decision of this committee would be unnecessarily be challenged in the High Court, Court of Appeal or Federal Court.
That's why a review body should be built into this bill, and it should have an external membership. The composition should be of people who have never been a judge.
This would kill off the perception that judges are looking after themselves.
Alternatively, there should be an ombudsman, to look at whether or not the process of complaints was conducted appropriately.
Q: If the committee is run primarily by members of the judiciary, what needs to be done so that it won't be seen as just "brothers looking after brothers"?
A: There are two dimensions to that. The present Chief Justice appears to be working hard to improve the efficiency of the judiciary. The disposal rate of cases has increased.
But there are still some black-sheep in the judiciary, and these are the ones that have to be weeded out.
First, we need to see stronger public action by the judiciary, in terms of what it is doing to weed out the black-sheep.
Second, there has to be an oversight dimension to it, by way of external members or an ombudsman.
At the end of the day, it's the individuals. If you appoint the right judge, who's intelligent, honest, has integrity, the right temperament and knows how to behave then we wouldn't be where we are today.
Q: If this bill is passed in this session and a committee is set up, do we have enough people in the judiciary to restore confidence in it?
A: I think there are. The majority of our judges are honest and competent. But there are a few black sheep that tarnish the image of the judiciary. The Chief Justice should take stronger action against the black sheep.
Q: The procedure for the inquiry is not on paper. What needs to be included?
A: Initiation of the complaint, withdrawal of the complaint; and there needs to be a threshold that has to be satisfied.
For instance, when you look at a complaint and there are insufficient particulars, should you write to the complainant? Or, do you need corroborative evidence from the complainant?
Once the threshold is satisfied, what happens next? It says here it is not a trial, but it is an inquiry on any breach of the provisions of the code of ethics. It doesn't provide for the complainant to be able to testify, with or without other witnesses.
Q: In England, there is a nominated judge, who assists the Lord Chief Justice in determining whether or not to charge.
A: This is to determine whether or not there are merits to the complaint. The nominated judge filters vexatious, unmeritorious complaints.
Once that threshold is satisfied, it goes to an investigating judge, and then after that a review body, comprising two judges and two lay persons. So, in England, it's a three-step process.
Q: Wouldn't this take up a lot of the judges' time?
A: The public deserves, and expects higher standards from our judges.
If you hold judicial office, your standard of behaviour, both on the bench and off the bench, has to be of the highest standards. The public expects that, because of the powers that are vested in your office. A judge determines the lives and fortunes of the people.
Q: We don't have a nominated judge system, and this bill doesn't tell us how the complaint gets to the CJ, and neither does it tell us how the CJ decides to charge. And, since we don't know if or when a complaint has gone up to the CJ, we don't know whether he's discarded any of the complaints.
A: We should have mechanisms for that. And that's why an annual report should be produced as well, on a no-name basis (the judge is not named).
These are things that are lacking in this bill, which should be in the bill. The code of ethics should prescribe the dos and don'ts of behaviour, but the bill should prescribe the process.
Q: These concerns have been voiced before, and yet this bill is going to second reading without any amendments being made to it. Why is this?
A: The government has to change its mindset on how bills are tabled in parliament.
The common statements we hear from ministers is: "Let's get this legislation through first, and then when we encounter bottlenecks or problems, we'll amend the law."
The mindset should be: "Let's go through a consultation process with all the stakeholders and get as perfect as possible a piece of legislation."
Pieces of legislation such as this should go through the entire consultation process of the Law Reform Committee
Q: Would it be more beneficial to society for the government to temporarily withdraw the bill? Or should it proceed with it?
A: If the government were to withdraw it, it should withdraw it to refer it to a consultative process.
Then, have it re-tabled for first reading in the budget session.
The Bar has looked at it and given its views, so, if the government is prepared to sit with the Bar, we are more than happy to assist them.
Q: Who was involved in the drafting of this bill?
A: Probably the Attorney-General's Chambers and the judiciary. We were not consulted.
Q: Do you think you have a right to be consulted?
A: Yes. This affects the administration of justice. The Bar has always given its views on any issue affecting the administration of justice. And I think the public deserves to be consulted.
Q: This bill as it stands, does it have bite?
A: It is two steps forward, when more could have been done. So, it does take us forward, slightly.
Q: How would we know that it's taking us forward slightly when we don't know what the complaint is, whether it's being investigated, whether there are any actions, and what the actions are? All we know is there's a panel that might or might not meet. Does this mean that this committee only exists on paper?
A: It would appear so. To me, the judiciary has set up a mechanism to look into all this but there is no accountability.
After this bill is passed, the committee can operate in the dark, under the radar.
Q: Under the current law, the Chief Justice decides whether a case should go before a tribunal. How does the CJ decide whether something is serious enough to warrant a removal?
A: The law doesn't say.
Q: As a lawyer, what would be your understanding of how bad it has to be for a judge to warrant removal?
A: To me, it would be corruption, fraud, judges making decisions influenced by politics or whatever else, sexual harassment, incompetence, slow disposal rate of cases.
The last two, incompetence and slow disposal of cases, depends on the extent of it.
But corruption, bribery, and decisions made as a result of influence, should be outright removable offences.
Q: Was the pre-1988 judiciary a mythical era that everyone remembers fondly, but actually wasn't that great?
A: Partly. If you recollect all the pre-1988 decisions, when it comes to administrative law and human rights law, it was very pro-government. But, such was the depth of how low we we've gone, that, even pre-1988 is considered a "golden era" for the judiciary!
But to be fair, senior Singapore lawyers have told me that they consider the pre-1988 judiciary to be superior to their judiciary. So, in some ways it's a golden era, and in other ways -- when you look at the judgment of Eusoffe Abdool Cader, Tun Suffian Hashim -- they were very pro-government.
Q: A decision doesn't have to be anti-government for it to be fair, does it?
A: No, of course not. The decisions they made were well-reasoned, and well-written.
And pro-government judges like Suffian, Eusoffe, and Raja Azlan (now Sultan Azlan Shah of Perak) were considered to be independent and very competent.
A lot of work has to be done to restore the confidence in the judiciary to the pre-1988 era. That work has to be done by all the judges and all the lawyers together.
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