Penduduk desak roboh kuil dalam perumahan

No hope for reforms, but Bersih says no protest yet

Government inaction, supposed delay tactics by the Election Commission (EC), lack of development in inviting foreign observers and escalating political violence have all but convinced Bersih 2.0 that no electoral reforms will take place soon.

"Can we expect reforms before GE13? No" said Bersih co-chairperson Ambiga Sreenevasan at a press conference in Kuala Lumpur today.

In particular, she lamented that the EC is still dragging it feet in finalising mechanisms for overseas voting.
She said she doubts the transparency of the special unit the commission has set up to 'clean' the electoral roll.

She also repeated concerns over the commission's independence as its chairperson Abdul Aziz Mohd Yusof was ambivalent when some senior officers were revealed to be Umno members.

"All this shows that there is no commitment to real reform, that GE13 will be one of the dirtiest elections ever and that we should not anticipate any change in the near future", she claimed.

However, the pro-electoral reforms group will not take to the streets again as yet, she said.

Bersih will instead work on its ongoing campaign - JomPantau to train citizens electoral observers, and Jom100 to ensure as many voters as possible cast their ballot to nullify any electoral hanky-panky.

Ambiga said more volunteers are needed as citizen electoral observers to help ensure a clean election.

Co-chairperson, national laureatte A Samad Said (right), who was at the press conference, also appealed for all registered voters to come out in force.

"I stress that all citizens who can vote (should) do everything they can to go out to vote. This is the only way to stop any hanky-panky by the EC."

Bersih to meet regulary

Pressed as to whether the movement, well known for organising massive rallies, will do so again, Ambiga said the committee will update the media if there are any changes.

"For the moment it's this - we will tell you as it moves along."

She explained that the Bersih steering committee will meet on a regular basis as GE13 looms and will decide - on as, when and is - basis, describing the situation like a "moveable feast".

Formed to champion clean and fair elections, Bersih had organised massive rallies in 2007, 2011 and again last year to pressure the EC and government to enact polls reforms.

All the rallies were met with heavy police action that saw some participants injured and many more arrested.

The government had formed a Parliamentary Select Committee (PSC) on electoral reforms soon after last year's Bersih rally, though it denied that the move was because of Bersih.

The PSC subsequently come up with many proposed reforms, including those that mirror Bersih's demands.

However, Bersih is claiming that the government and EC are only paying lip service to the PSC proposals as almost none has been effectively implemented, even with GE13 just around the corner.

Kugan's body could've been tampered with, testifies DIGP

Deputy inspector-general of police (DIGP) Khalid Abu Bakar has indicated there is a possibility that police detainee A Kugan's body was tampered with while it was held by the family members before the second post-mortem was performed.

Khalid (left), who was formerly Selangor police chief, told the Kuala Lumpur High Court that this was why police did not comment on or accept the findings of the second post-mortem report, which was carried out in the University Malaya Medical Centre (UMMC).

"There could be something which happened to the body when it was returned to the family and during the funeral procession. We (police) did not follow the body during the procession or when it was with the family and we do not know.

"That is why the police did not comment on or announce the results of the second post-mortem," he said when testifying during the family's RM100 million suit against him, the police and government.

When lawyer Sivarasa Rasiah, who is representing Kugan’s family, pointed out that there were already 22 injuries listed by the forensic specialist in the first post-mortem, Khalid agreed that was the finding.
“However, we need to compare the results of the first post-mortem and the second. For me, we rely on the first report where the cause of death is stated as fluid in the lungs,” he said.

He agreed, when Sivarasa put it to him that this was the first time he had said something could have been done to Kugan's body when it was kept by the family.

This led to judge VT Singham asking Khalid: “You suspected something amiss, but you did not lodge a police report or investigate further?

"You know it should be reported or investigated further, with due respect."

However, Khalid did not respond to this.
Khalid also revealed that Kugan may have also received the marks (injuries) as a result of the suspect putting up a struggle during the arrest. He said he was informed of this by his subordinates, but was unsure whether Kugan was brought to a hospital.

During the second post-mortem, the UMMC found 45 injuries on Kugan's body and listed the failure of the vital organs as a result of the beatings inflicted as the cause of death.
It was reported that Dr Abdul Karim Tajuddin, the pathologist who prepared the first post-mortem report, had been reprimanded by the Malaysian Medical Council for failing to conduct a proper examination and prepare an honest report in the case.
However, when asked by Sivarasa whether he knew action was taken against Abdul Karim, the deputy IGP said he did not know.

Police objected to second post-mortem

Khalid also told the court that the police objected to the second post-mortem and this was relayed to him by then-Subang Jaya OCPD Zainal Rashid.

“Zainal said that as the body had been taken by the family and the first post-mortem report was already done there should not be a second post mortem done. That was the stand taken and I supported the move,” he said when replying Sivarasa.

“Furthermore, Zainal was waiting for further instructions from the public prosecutors on what was to be done but our stand was clear that we did not want the second post-mortem.”

He, however, agreed that police later relented when the attorney-general allowed for the second post-mortem to be performed. This followed pressure from Kugan’s family, who held a protest at Bukit Aman and submitted a letter demanding a second post-mortem.

Earlier, Khalid testified that Zainal had shown him photos of Kugan which it was claimed were done during the “first post-mortem” when the body was fully attired, where he described blood and foam streaming from the victim’s mouth.

However, in actuality the first post-mortem was only performed the next day, as Kugan died on the morning of Jan 20, 2009 at the Taipan police station.
The funeral procession was held on Jan 22, which the family stopped while the body was being taken to the Puchong cemetery, and that was when the body was taken to the UMMC.

UMMC agreed to keep the body until a decision was made on another post-mortem. The second post-mortem was only performed after four days, following the police and AG giving the go-ahead.

Case reclassified under Section 330

To questions from Sivarasa, the DIGP also agreed that initially the attorney-general Abdul Gani Patail had on Jan 23, instructed that the case be classified under Section 302 of the Penal Code after the AG was shown pictures of the deceased.

“However, after meeting him at the AG’s Chambers, we had agreed to reclassify the case under Section 330 (causing hurt to extort a confession)."

When asked by Justice Singham again, Khalid agreed that initially the AG asked that investigations be opened under Section 302 for murder.

However, he reiterated that upon further negotiations with the prosecutors "we agreed to reclassify the case".

Khalid also told the court that he tried to push for an inquest to be done as this is a case of sudden death while in police custody.

However, there was no further follow-up on the matter, including from the family members, and he then decided to leave the matter at that.

Kugan case: Cop tells of meeting to identify scapegoat

While former Selangor police chief and current deputy inspector-general of police Khalid Abu Bakar has denied that Constable V Navindran was made a scapegoat for the death of A Kugan, another senior officer has admitted to the court that a meeting was held to discuss who should take the fall.

Officer in charge of the Taipan police station ASP Rodney Pasla Harris today admitted there was a meeting called by the late Subang Jaya OCPD Zainal Rashid.

He was testifying on behalf of the government, which is one of the defendants named in the negligence suit brought by Kugan’s mother N Indra.

“The meeting was called after office hours and not at the Selangor police contingent headquarters, but at the Subang Jaya district police. The meeting was called following the release of the post mortem report on the matter,” said Rodney, when asked by lawyer Latheefa Koya (above), representing for Kugan's family.

He, however, said he could not remember the exact date in which the meeting was called and did not specify if it was held before or after the second port mortem.

At the meeting, to which all of the D9 (serious crime) officers stationed at Taipan were called, Rodney claimed Zainal had asked one of them to admit to beating Kugan or become a scapegoat.

Rodney, however, further testified that he only saw Kugan on two days, namely Jan 15 and Jan 20, 2009 and claimed to have given the victim water.

He is the first officer after Navindran to admit as to attempts to find a scapegoat.

No cover-up

Khalid (left), who is a also a defendant in the negligence suit, had earlier in the morning maintained in the High Court in Kuala Lumpur today that there was no cover-up in the police investigations.

“After the incident was reported, I asked all nine officers involved in Kugan’s interrogation (to be) transferred to the Selangor police contingent headquarters.

“This is so that they would not interfere in the ongoing investigations,” Khalid said.

Asked by Sivarasa Rasiah, who is also acting for the family, whether a meeting was called by the late Zainal - at which the officers responsible for the interrogation were asked to put up one person as a scapegoat - Khalid said he did not know.
“I know that investigations were carried out under Section 330 of the Penal Code (for causing injury) and an officer had been narrowed down to have caused it,” he said.

Navindran (right), who has since been convicted of causing hurt to Kugan and sentenced to three years' jail, testified last month that he had been forced by the police to become the scapegoat.
The constable had testified that he was not on duty when Kugan was said to be suffering from breathing difficulties about 11.40am on Jan 20, 2009.

Navindran said he was supposed to work from noon until 4pm that day and prior to that, Kugan had been placed in the care of Detective Korporal Silvem and Lans Koperal Sani. He said he had come in earlier that day and helped out when Kugan was having difficulties in breathing.
Continuing his testimony, Khalid said the internal investigations into the case were handled by an officer from Bukit Aman, who he identified only as SAC Shatar.

Khalid said he himself did not know the outcome of the investigations and that Shatar has since retired from the force.

Taipan not a lock-up station

Khalid in his three-and-a-half-hour testimony said Kugan was not taken to a police station with a lock-up as police were only investigating his case.

He said there were grounds to do so and that this was in accordance with the Inspector-General's Standing Orders and it was to assist in the police investigations.

“There is some leeway for us not to take the suspect to the lock-up to assist in the investigations. This is such a case,” Khalid said.

Kugan was being investigated for a spate of luxury car thefts and he was taken from the Puchong police station lock-up and held at the USJ-Taipan police station for five days, but not in a lock-up.

“I know that there was no lock-up and when this happens it is the duty of the OCPD and also the officer-in-charge of the station to look after it,” he said.

Under the police force Lock-up Rules, a person must be sent back to the lock-up he or she was taken from between 6pm and 6am the next morning. The USJ-Taipan police station, which is located in a shophouse, does not have a lock-up.

Asked whose responsibility it was to feed the suspects in such a circumstance, since the Taipan police personnel said they had to fork out their own money, Khalid said this was the responsibility of the OCPD and the person in charge of the station.

And as for Aminulrasyid's case...

Sivarasa also tested the DIGP's credibility as a witness during the hearing by bringing up the case of Aminulrasyid Amzah and produced the police report lodged by Aminulrasyid's mother against Khalid over a possible cover-up.

“Yes I agree there was a police report lodged against me, but there was no attempt at cover-up in the case, as also with the Kugan case, especially as this involved the police,” Khalid said.

“I deny uttering any report describing the boy (Aminulrasyid) as a criminal. I did not make such statements.”

Khalid maintained that in Aminulrasyid's case, a parang was found under the car seat.

However, when Sivarasa (right) showed him a copy of the Shah Alam sessions court finding on the matter, that there was no parang mentioned, Khalid maintained his answer that there was.

Earlier, senior federal counsel Azizan Md Arshad objected to Sivarasa raising the Aminulrasyid case on grounds that the cases were not related.

However Justice Singham allowed the question as a test of Khalid's credibility

Aminulrasyid's mother, Norsiah Mohamad, had lodged a report against Khalid for claiming that her son was a criminal. She did this to clear the boy's name as well as to say that no parang was found in the car he was driving.

Corporal Jenain Subin was initially jailed for five years by the Shah Alam sessions court, for causing the death of the teenager.

However, the High Court reversed the decision and acquitted Jenain, much to the despair of the boy's family.

Fanatics try to beat up a Hindu student for condemning Zakir Naik on ‘Facebook’

Look at fanatics who give a violent reply to the criticism made on a website against the propagators of Islam; whereas the spineless Hindus are indifferent to insult of Hindu Dharma made on several websites !

Supporters of Dr. Zakir Naik tried to beat up a 19 year old Hindu student by entering premises of his college, who posted some matter on his ‘Facebook’ account condemning Dr. Zakir Naik. (Hindus should remember that the secular rulers won’t take any action to curb fanaticism of such people and they should get ready to establish Hindu Rashtra committed to protection of Hindus ! – Editor SP) This student had posted matter condemning Zakir Naik which was published on the website of  Hindu Janajagruti Samiti. The Hindu students got the wind of Muslims’ attack and he ran away from there; but he had to remove the matter from his ‘Facebook’ account. After posting matter against Dr. Zakir on his ‘Facebook’ account, his Muslim friends also kept away from him. (Do Hindus have such pride in their Dharma? – Editor SP)  

Curb Dr. Zakir Naik ! – Shiv Sena leader Sanjay Raut

Mumbai : Dr. Zakir Naik is constantly making mockery of Hindu Deities through his public programs. He openly spits venom on Hindu Dharma. His ‘Islamic Research Foundation’ had organized a program between 14th and 23rd December for the same purpose. Shiv Sena leader and MP had made a demand to put curb on Dr. Naik as his programs can create tension and outbreak of people. Mr. Raut has sent a letter to Thane Police Commissioner, Mr. K. P. Raghuvanshi for the above demand and has forwarded a copy of the same, to Mr. R. R. Patil, the State Home Minister.

Sharia enforcers attack Egyptian cafes

CAIRO, Dec. 17 (UPI) -- Members of the Hazemoun and Ahrar movements attacked people at cafes in Cairo, chanting "Sharia is lifestyle," witnesses said.

Several people were injured during Saturday's attack, including political activists known for frequenting the cafes, witnesses told al-Shorouk newspaper. They said the attackers fired birdshot and launched fireworks.

Hazemoun is comprised of former presidential candidate Hazem Salah Abu Ismail's supporters, and Ahrar is a self-styled vigilante youth group that promotes public virtue, Egypt Independent reported.

Spain Threatens to Deport Filmmaker for Anti-Islam Documentary

The case demonstrates how the fear of Muslim rage is threatening the exercise of free speech in Europe. Firasat said he has received far more threats from the Spanish government than from angry Muslims. "I have been threatened by the authorities [and told] that my refugee status will be revoked; I will be deported back to Pakistan where the death penalty for blasphemy is waiting for me."

The Spanish government has warned a political refugee that he faces deportation for making a documentary critical of Islam.
The move comes after Belgium raised its terror threat level to the second-highest ahead of the release of the film, originally planned for December 14.
The case demonstrates how the fear of Muslim rage is threatening the exercise of free speech in Europe.
The one-hour amateur film, "The Innocent Prophet: The Life of Mohammed from a Different Point of View," by Imran Firasat, was posted on YouTube on December 15 and purports to raise awareness of the dangers of Islam to Western Civilization.
Firasat, a Pakistani ex-Muslim, obtained political asylum in Spain in 2010 due to death threats against him in both Pakistan and Indonesia for criticizing Islam and for marrying a non-Muslim. (Read his story here, in Spanish.)
His film shows images of the Muslim terrorist attacks on the World Trade Center in New York; on the double-decker buses in London and on the commuter trains in Madrid. The movie features many passages from the Koran threatening violence against non-believers. The movie also promises to answer the question, "Was Mohammed an inspired prophet of God, or was he a madman driven by his own demons, thus producing a religion of violence and tyranny?"
Firasat says the film will be translated from English into Spanish and Hindi, and that he plans to release a version in Arabic. Firasat made the film in cooperation with the American pastor Terry Jones, who burned a Koran in April 2012 to protest the imprisonment of the Iranian Christian pastor, Youcef Nadarkhani.
In an online trailer to promote the video, Firasat is filmed standing in Madrid's Plaza de Colón, with the Spanish flag in the background. He says: "If we find the truth about Mohammed, we can find the truth about Islam. Was Mohammed a prophet sent by Allah or was he a molester of children and a murderer?"
Firasat, who runs the website World without Islam (Mundo sin Islam), says he was inspired by another amateur film, "The Innocence of Muslims," which portrayed Mohammed as a womanizer, a homosexual and a pedophile; when it was released in September, it triggered a wave of anti-US protests and riots across Europe (here and here) and the Middle East in which more than 30 people were killed.
At the time, the Obama Administration falsely alleged that "The Innocence of Muslims" was responsible for the murder of U.S. Ambassador Christopher Stevens and three others in Benghazi, Libya.
Firasat told the Belgian newspaper De Morgen that he decided to make the film "when I heard that the U.S. ambassador was slain. I said, 'Okay, you Muslims, use violence, but we will continue to make films. One day one of us will lose.'"
Belgian Interior Minister Joëlle Milquet said on December 7 that the decision by the Coordinating Unit for Threat Analysis (OCAM/OCAD) -- the agency which keeps tabs on the terrorist threat in Belgium -- to take the level of threat up from two to three ("severe"), out of a maximum of four, was "a simple preventative measure."
According to Peter Mertens of the Crisis Center, a government agency linked to the Belgian Interior Ministry, which assists in emergency planning and emergency management, "the trailer can be perceived as Islamophobic. The OCAD has evaluated and decided to increase the threat level to the third of four levels. That is serious. We have now informed all of the police forces of the country and have asked to be extra vigilant."
The Belgian government appears afraid of inciting its burgeoning Muslim population after more than 250 Muslims clashed with police in the heavily Islamized Borgerhout district of Antwerp, the second-largest city in Belgium, when the earlier film, "The Innocence of Muslims," was released in September; approximately 300 people, including 50 in Brussels, were arrested.
Belgian intelligence officials interviewed by the newspaper De Morgen said: "It is unclear how reactions to the new movie will be. That is not easy to predict. But recent history teaches us that the reactions can be violent. We cannot risk that the matter is not closely followed."
Belgium is not the only European country to take preemptive action. The Spanish government, apparently afraid of provoking another terrorist attack similar to the train bombings in Madrid in April 2004, has attempted to silence Firasat by threatening to deport him if he goes ahead and releases the film.
According to the Socialist daily newspaper El País, the Spanish Interior Ministry has initiated a process to review Firasat's refugee status -- although the ministry has not specified the precise legal grounds for his potential deportation. Speculation is rife that Spanish authorities will issue an arrest warrant for Firasat for "offending religious sentiments."
In an interview with the online newspaper International Business Times (IBT), Firasat said he has received far more threats from the Spanish government than from angry Muslims.
Firasat told IBT, "Seven years ago I was granted refugee status in Spain for the reason that I used to criticize Islam. It has been seven years [and] since [then] I have taken the fight against Islam very far. And my right to freedom of expression was always respected by this great country. But now suddenly, for doing the same thing which I have been doing since for the last seven years, I have been threatened by the authorities [and told] that my refugee status will be revoked; I will be deported back to Pakistan where the death penalty for blasphemy is waiting for me, and that I may be detained if I continue with the plans to release the movie."
IBT then asked Firasat, "What made the Spanish authorities 'suddenly threaten' you? What could be the reason?" Firasat responded: "That's a very funny, interesting and surprising question, even for me. Why now? I was granted asylum because of my criticisms of Islam. I have formally asked the Spanish government for the prohibition of Koran in Spain. I have given thousands of interviews to radio and TV channels. I wrote articles in newspapers. But I was never told by anyone that what I am doing is illegal. Now suddenly they try to revoke my refugee status, detain me and prosecute me for offending Muslims' religious sentiments. Why? There may be two reasons: Fear of violence by Muslims abroad and in Spain, and conflicts in diplomatic relations with Islamic countries which are investing in Spain…This is not the Spain I arrived in seven years ago, where there was complete liberty of expression."
Some free speech activists say that Firasat is himself guilty of seeking to restrict free speech. In March 2012, for example, Firasat filed a 10-point petition with the Spanish government asking that the Koran be outlawed in Spain, and in April, the Constitutional Commission of the Spanish Parliament announced that it had accepted the petition and had agreed to study it further.
In an interview with the Spanish business newspaper La Gaceta, Firasat explained why he submitted the petition: "There are hundreds of verses in the Koran that encourage believers to kill, hate, discriminate, exact revenge and torture women. A book that promotes violence should not be circulating in a free and democratic society. In the last 10 years, all terrorist attacks have been promoted by Islamic jihad as contained in the Koran."
Firasat continued: "Over 100 places in the Koran mention the phrases such as 'go to war' or 'kill all the infidels until everyone is submitted to Allah.' And the Koran requires Muslims to continue to fight jihad [war in the cause of Islam] until it has captured the Western world, its freedoms and its religion at any cost."
Firasat concluded: "I formally asked the government of Spain to ban the Koran in Spain. It is a book that cannot exist in our free society. There are millions of Muslims who follow the book, but we cannot allow millions of other people who want to live in peace and in freedom and enjoy human rights to suffer and die. I do not understand why the Spanish penal code, the Spanish constitution and the European constitution prohibit violence of any kind and yet close their eyes when talking about the Koran."
Two days after filing his petition, however, the Spanish National Police (Policía Nacional) called Firasat in for questioning after it emerged that he wanted to burn a Koran at the Plaza del Sol in central Madrid.
According to a five-page police statement dated March 5, agents asked Firasat if he "understood that his actions could hurt the religious sensibilities of those who profess the Muslim faith." He was also asked if he was "conscious that the burning of the Koran could be considered a crime according to Title XXI, Chapter IV, Sections 1 and 2 of the Criminal Code…which refers to crimes against offending religious sentiments."
According to Firasat, the agents who questioned him asked him why he did not leave Spain and burn the Koran in another country. Firasat defended himself by saying he is a Spanish citizen and a legal resident with the same rights as any other.
After reviewing his website with the agents, Firasat said: "I am not hurting the feelings of any Muslim. Rather, I am taking an action that seems necessary against a book which gives the message of jihad: killing, hatred, violence and discrimination, which in no way is compatible with Spanish law."
In a newspaper interview, Firasat summed up his dilemma: "Fighting the injustice of Islam is not so easy. On the one hand there are the Islamists who are seeking to kill me, and on the other side our own police, our own system, which seeks to intimidate me and dissuade me from confronting Islam."

Soeren Kern is a Senior Fellow at the New York-based Gatestone Institute. He is also Senior Fellow for European Politics at the Madrid-based Grupo de Estudios Estratégicos / Strategic Studies Group. Follow him on Facebook.

Questions over MACC-lawyer link to Bala’s second SD

Zaid noted the apparent conflict of the lawyer preparing Balasubramaniam’s second declaration to also be on the MACC panel that later reviews it. — File pic

KUALA LUMPUR, Dec 17 ― The Malaysian Anti-Corruption Commission (MACC) was today dragged into a row over questions surrounding a lawyer on its operations panel who is alleged to have drafted private investigator P. Balasubramaniam’s controversial second sworn statement on the 2006 death of Altantuya Shaariibuu.

Former minister Datuk Zaid Ibrahim suggested today that a key member of the MACC’s five check-and-balance mechanism responsible for closing the file on the case may have had a direct hand in doing so, fuelling questions on the extent of a possible cover-up into the explosive crime that has put two elite police commandos on death row and sent the private investigator into exile.

The lawyer-turned-politician wrote in his blog that both the Attorney-General and the MACC have “conveniently refused to investigate the allegations made by the private investigator P. Balasubramaniam, who apparently got the information from Abdul Razak Baginda, and whose claims have been corroborated by carpet merchant Deepak Jaikishan”.

He reminded Malaysians that Balasubramaniam ― popularly known as PI Bala ― had made a second statutory declaration (SD) cancelling his first sworn statement made a day earlier that the police had suppressed key evidence.

“This second declaration was prepared by a well-known lawyer whom he did not know. Deepak named this famous lawyer in an interview with Harakah.

“If one probes a little further, one will find that the same famous lawyer sits as a member of the MACC’s operations review panel,” Zaid, a one-time de facto law minister during the Abdullah administration, wrote.

However, he stopped short of naming the lawyer.

“It was this panel that decided there was no evidence to investigate the allegations made by either Bala or Deepak,” Zaid added.

Lawyer Americk Singh Sidhu, who represents the private detective now in hiding, told The Malaysian Insider when contacted that Balasubramaniam had never told him the identity of the lawyer as the latter was unaware of the person’s occupation.

However, he said the identity of the lawyer could be found out easily from the MACC’s website, which lists eight people as members of its Operations Review Panel.

“One of those eight is a lawyer,” he told The Malaysian Insider when contacted.

Zaid’s allegation comes on the heels of political activist Haris Ibrahim saying yesterday he will lobby the Bar Council to reveal the identity of the senior lawyer he said had drafted Balasubramaniam’s second SD.

Haris, who no longer practises law, said he will file a request with the council today, citing grounds that the senior lawyer had committed “the gravest of sins” by drafting the statutory declaration (SD) without first consulting Balasubramaniam.

“There is sufficient evidence to allow the Bar Council to investigate this matter. If the council views this as seriously as I do and many other senior lawyers (do), they will get to the bottom of this fiasco once and for all,” Haris told The Malaysian Insider when contacted here.

Haris explained that while in the past the identity of the lawyer behind the SD had remained “mysterious”, it was recently openly revealed by Deepak himself, during his disclosure in an interview with PAS organ Harakah.

During the interview, which was recorded and uploaded by Harakah on its “TVPAS” channel on YouTube, the carpet dealer had let slip the lawyer’s name when explaining his role in the second SD.

But in the 14:39s clip, the name was muted out.

“Still, this means that enough individuals know the identity of this lawyer ― Deepak, PAS TV, and definitely, the editorial team. We can now kick off an investigation and reveal this person,” Haris said.

On the activist’s blog on Friday, Haris detailed his intention to write to the Bar Council and also threatened to reveal the lawyer’s name if his request is not met after 14 days.

He said he knows the identity of the “Tan Sri” lawyer from three independent and reliable sources, and would not hesitate to spill the beans if needed.

Balasubramaniam’s second sworn statement came a day after his first on July 3, 2008, regarding Altantuya’s 2006 murder, for which two elite police commandos have been convicted and are facing death sentences.

In a harried press conference then, Balasubramaniam, accompanied by lawyer M. Arulampalam, came out to withdraw his first SD, claiming it had been signed under duress.

He then produced a second document, which he claimed later in 2009 had been prepared by another lawyer without his consultation.

Deepak hit the headlines when blogger Raja Petra Kamarudin exposed his role in facilitating the private detective’s second SD to repudiate the first statement.

Senior lawyer latest ‘player’ in Bala’s SD2

Lawyer-activist Haris Ibrahim said the senior lawyer allegedly involved in drafting the SD had committed “the gravest of sins”.

PETALING JAYA: A senior lawyer is the latest “player” allegedly involved in the drafting of the second statutory declaration (SD2) by private investigator P Balasubramaniam.

And the Bar Council has been urged to investigate the role of this lawyer.

The lawyer, who apparently holds the title of “Tan Sri”, and his son were recently revealed by businessman Deepak Jaikishan in an interview to have been allegedly responsible for the preparation of documents for Balasubramaniam before he signed the “SD2″.

The “SD2″ had reversed an earlier one which implicated Prime Minister Najib Tun Razak in the murder of Mongolioan national Altantuya Shaarribuu.

In an official letter sent to the Bar Council secretary Tony Woon yesterday, lawyer-activist Haris Ibrahim asked that the bar to launch an investigation to identify the solicitor (s) concerned and to “ascertain if there was any impropriety in the preparation of SD2”.

Speaking to FMT before sending the letter, Haris said that he hopes the Bar Council would be as vigorous as it was when the VK Linggam scandal broke in 2007, as the latest revelations are “serious” if it was indeed true that the lawyer had not consulted Balasubramaniam before drafting the SD.

“It points at a very senior member of the bar potentially involved in a dishonest act. I think every member of the Bar should go up in arms and be very concerned.”

“Any practitioner worth his salt knows that when drafting an SD or affidavit one has to seek instruction from his client. Was the person aware of the purpose and objective of this SD? It could mean that the lawyer was privy to a conspiracy to subvert the course of justice, subvert the disclosure of truth. Officers of the court are to aid in the truth, not suppressing it,” he said.

“I’m very sure that the nature of this impropriety could amount to the lawyer being struck off the roll… he obviously is a dishonest practitioner,” he added.

In a blog post yesterday, Haris said the senior lawyer had committed “the gravest of sins” and threatened that if the Bar Council does not properly probe the matter, he would reveal the name of the “scumbag” in two weeks and allow the matter to be taken up in court.

Motive never established

On July, 3, 2008, Balasubramaniam emerged with a SD which linked Najib to Altantuya’s 2006 murder. However, the private investigator reversed his first SD via a second SD the next day in the presence of lawyer M Arunampalam. He then disappeared.

On Oct 27, 2009, Balasubramaniam came out of hiding and reaffirmed that his first statutory declaration was true. He claimed he was offered RM5 million to retract it by Deepak together with Najib’s brother Nazim.

In the past few weeks, Deepak has claimed, among other things, that Rosmah was the person who instructed him to seek out Balasubramaniam to change his SD.

In confirming his role in the second SD, Deepak claimed he met Najib and Rosmah at their residence to discuss the second statutory declaration and that Nazim was sent to negotiate with Balasubramaniam.

Deepak also claimed that Najib had chosen the “Tan Sri laywer and his son” to prepare the SD before Balasubramaniam was told to sign it. He also said that Arulampalam was not involved in the making of the second SD.

Attempts by FMT to contact the “Tan Sri lawyer” have been unsuccessful.

Altantuya was shot and murdered in October 2006, with her remains destroyed by C-4 explosives.

Her alleged lover and political analyst Abdul Razak Baginda, a close friend of Najib, was charged with the murder with two other policemen.

Abdul Razak was acquitted while the policemen were convicted, though the motive was never established.

‘Dr M, a damning book and prostitutes’

Former KL CID chief Mat Zain Ibrahim says Mahathir admitted in his memoirs of having interfered in the police investigation concerning a book on Anwar.

PETALING JAYA: The revelations of former inspector-general of police Musa Hassan regarding political intervention in police work continues to stir the hornet’s nest.

In the latest twist to the saga, a former high-ranking police officer criticised Home Minister Hishammuddin Hussein over the latter’s reaction and also roped in Dr Mahathir Mohamad.

In an open letter to Inspector-General of Police Ismail Omar, copies of which were also sent to Hishammuddin and Prime Minister Najib Tun Razak, Mat Zain Ibrahim recalled Mahathir’s role in the investigation concerning a book which contained a slew of allegations against Anwar Ibrahim.

The book, which cited 50 reasons why Anwar should not become prime minister, was the catalyst for the subsequent sacking and jailing of the ex-deputy prime minister.

Mat Zain, the former Kuala Lumpur CID chief, pointed out that Mahathir, who was then both prime minister and home minister, had admitted in his memoirs, “A Doctor in the House”, of having interfered in the investigation concerning the book.

“In Chapter 53, he explains his role when the police were investigating the book, clearly proving that he not only interfered in the probe but also issued orders to Musa Hassan, to the point that it is believed to have influenced the outcome of the investigation.

“Mahathir admitted interviewing several witnesses at his official residence in Sri Perdana. Among them was star witness [in Anwar's sodomy trial] Azizan Abu Bakar and four women,” he said.

Mat Zain said it is believed that Musa had briefed Mahathir that the women were prostitutes who were, through the connection of businessman KS Nallakaruppan, used for the sexual gratification of a particular VIP.

“If these prostitutes were willing to have sex with anyone for a fee, then they would also be willing to admit having sex with anyone or provide any witness testimony required, as long as they get paid.

“What more if the prime minister himself guaranteed their personal safety and to keep their identities a secret as well as other benefits,” he added.

Mahathir had vested interest

Mahathir himself, Mat Zain said, revealed that he had control over the investigation and witnesses.

“He gave the assurance that he would instruct the police to bring the witnesses to Sri Perdana again if the chief ministers, menteris besar and state Umno liaison committee chairmen wanted to interview them.

“Musa should have objected and prevented Mahathir from having access to the witnesses, what more take them to Sri Perdana.

“Musa must have realised that Mahathir had a vested interest in the probe on the premise of being the Umno president, home minister and prime minister who was being challenged [at the time],” he said.

“Whether indirectly or directly, Mahathir had placed undue mental stress on the witnesses. By having this confidential meeting and striking whatever deals with these prostitues in Sri Perdana, Mahathir had tainted the good name of the prime minister’s official residence,” he added.

Anwar had always maintained that the charges against him were trumped up by Mahathir and his confidants, a charge which the former premier denied.

Hisham should investigate

Meanwhile, Mat Zain said he hoped Hishammuddin would not dimiss this episode as something personal between Musa and Mahathir therefore negating the need for his intervention.

He was referring to the home minister’s statement that the crisis between Musa and former Commercial Crimes Department director Ramli Yusuff was a personal matter.

On the contrary, Mat Zain said Hishammuddin should identify the root cause of the problem between the two former senior policemen.

He also noted that the disclosures of both Musa and Ramli pointed to criminal wrongdoings.

“Whatever the public perception is towards Musa, his allegations as the former IGP on ministerial interference in police work, especially by Hishammuddin, must be given serious attention.

“Hishammuddin’s question as to why Musa is making the claims only now is not something that a home minister should ask,” he said, adding that the minister should know that there was no time limit to expose criminal wrongdoings.

‘MIC boss deprives 145 Tamil schools of aid’

A MIC branch leader alleges that G Palanivel altered a Cabinet list on providing funds to partially-aided Tamil schools.

PETALING JAYA: A MIC branch leader has accused party president G Palanivel of depriving 145 partially-aided Tamil schools of allocations this year.

SS2 Tengah MIC branch chairman S Padnmanagan said in February, the Cabinet had approved RM100 million for partially-aided Tamil schools nationwide.

“In the original list presented to the Cabinet in February, it was stated that the money would be channelled to 369 partially-aided Tamil schools nationwide for three categories, namely maintenance and upgrade, building additional blocks and building new schools.

“But in a revision done by MIC in May, the party leadership reduced the number of schools to 224 only. What happened to the rest?” he asked.

Although the number of schools in the list were reduced, the allocation remained at RM100 million.

In the original list, the money divided for the three categories were as follows:

1) Maintenance and upgrade – RM20,200,000

2) Additional blokcs – RM39,800,000

3) New schools – RM40,000.000

But in the revised list, the fund was divided as following:

1) Maintenance and upgrade – RM16,255,000

2) Additional blokcs – RM39,700,000

3) New schools – RM44,045.000

The revised list also showed that a substantial number of partially-aided Tamil schools supposed to receive aid for maintenance and upgrade were reduced.

The schools affected were in Johor (48 to 29), Malacca (11 to 3), Negeri Sembilan (43 to 17), Pahang (23 to 13), Perak (80 to 33), Penang (19 to 8) and Selangor (55 to 29).

Padnmanagan urged Palanivel to explain the matter to the public as many students were affected by this.

He also claimed that the party leadership only took the funds from the government in September, while aid for other vernacular schools were released early this year.

“Palanivel single-handedly deprived allocation for many Tamil schools. I can’t blame the party central working committee (CWC) because the party president holds veto power.

“Even if the CWC approves something, the party president has the authority to overule the decision. But how can one man decide the fate of Tamil schools in the nation?” he asked.

Name the students

He also challenged Palanivel to list out the names of hardcore poor Indians students who received aid under the party’s Reach and Teach Programme.

The programme, a brainchild of MIC, was to provide basic aid such as books, bags, schools uniform and others to poor Indian students.

“The president must be transparent about this. In my area alone, many poor Indian students did not receive the aid,” claimed Padnmanagan.

Two days ago, Bernama reported Minister in the Prime Minister’s Department Nor Mohamed Yakcop saying that the government allocated about RM340 million as aid to 523 Tamil schools nationwide since 2009.

“Overall, the government set aside RM500 million till 2013 to uplift the Tamil schools in the country,” the Tasil Gelugor MP said.

Mat Zain: Probe Musa for fabricating evidence

The former KL CID chief urges IGP Ismail Omar to investigate ex-IGP Musa Hassan for allegedly fabricating evidence in Anwar's Sodomy 1 trial.

PETALING JAYA: The former inspector-general of police (IGP) Musa Hassan should be investigated for fabricating evidence during the Anwar Ibrahim Sodomy l trial, said former KL CID chief Mat Zain Ibrahim.

In an open letter to IGP Ismail Omar, the former senior policeman said that this was a perfect opportunity for the Royal Malaysian Police (PDRM) to prove that it was truly a credible institution.

“It will also prove to the people that the PDRM is neutral and is able to carry out its as professionals,” said Mat Zain.

Early this month, Musa had alleged that criminal elements had infiltrated the police force during Ismail’s tenure, with good officers being put in cold storage for being defiant.

He also claimed that Home Minister Hishammuddin Hussein had meddled in police affairs despite the law saying that only the IGP could give orders to his officers.

Training his guns against Musa, Mat Zain said that the former had admitted in an interview with an online portal in May this year that he had unlawfully obtained former deputy prime minister Anwar Ibrahim’s blood sample to conduct a DNA test.

“And the Kuala Lumpur Hospital’s Dr Zahari Noor testified on the matter in court on Dec 31,1998.

“In fact, even I had mentioned the matter to Prime Minister Najib Tun Razak, Attorney-General Abdul Gani Patail and the police in my open letter on Dec 27, 2010,” he said.

Mat Zain added that in the past letter, he has given details on how Musa had stolen the blood sample after the latter had failed to convince the former to do so.

“From the way I see it, the police can investigate Musa for giving a false affidavit and giving false testimony on the DNA evidence,” he said.

Mat Zain said that it was vital for the police to initiate investigations against Musa as soon as possible as the latter’s expose had tarnished the image of PDRM and the IGP’s office.

“But the probe against Musa is not about retribution. It’s about showing the public that the police is still a neutral institution that will always carry out its duties without fear and favour,” he said.

PSM, PKR at loggerheads in Sg Siput

The two parties are squabbling over the use of PSM logo for the coming general election.

PETALING JAYA: A three-cornered fight is likely for the Sungai Siput parliamentary seat at the upcoming general election.

This is because Parti Sosialis Malaysia (PSM), which contested the seat at the 2008 general election under the PKR banner, wants to use its own logo to fight for the seat – much to the dismay of PKR.

This infighting between PSM and PKR has brightened MIC’s chances of winning back the seat, which it lost at the 2008 general election.

A PKR insider told FMT that the party could field its own candidate at the next general election since PSM had rejected several attempts by PKR to ensure that its logo is used by PSM candidates at the polls.

“It looks like PSM is not keen on contesting under the PKR banner. Instead, it wants to use its own logo at the next election. We are still having discussions with PSM on the matter. If it insists, then we have no choice but to nominate our own candidate.

“PKR fears that the PSM symbol will drive away Malay votes due to its leftist significance,” said the source.

PSM is a socialist political party established in 1998. At the 2008 polls, the party contested one parliamentary and three state assembly seats.

Since the party has yet to receive recognition from the Register of Society (ROS), its three candidates contested under the PKR banner while in one state seat (Jelapang, Perak), it contested as an independent.

Jackpot for BN


The party won the Sungai Siput parliamentary seat when its candidate Dr Micheal Jayakumar defeated former MIC president S Samy Vellu. PSM president Dr Nasir Hashim won the Kota Damansara state seat in Selangor.

The Sungai Siput constituency in Perak had been under the helm of Samy Vellu since 1974. Jayakumar beat the MIC chief with a 1,821 vote majority.

The seat has 47,424 voters. The Chinese form the majority in the seat accounting for 41% of total voters. They are followed by Malays (31%), Indians (21%) and Orang Asli (seven percent.

PSM lost the other two state assembly seats, namely Jelapang and Semenyih, Selangor.

Despite being Pakatan Rakyat-friendly, PSM has yet to be officially declared as the opposition pact’s component party.

“If PKR decides to field its own candidates in PSM constituencies, then it would be a jackpot for Barisan Nasional,” said the PKR source.

He said without doubt any MIC candidate in Sungai Siput would “cruise to an easy win” if there was a three-cornered tussle.

“It is clear that Malays will play a vital role in deciding the next member of parliament. Formerly the seat was under the 50-50 category. But if there is a three-cornered fight, it will definitely favour the BN,” said the source.

Tangkap Musa, selamatkan duit rakyat Sabah!

Sebuah NGO membuat laporan SPRM bagi pihak anak muda Sabah terhadap Musa yang didakwa menerima wang sebanyak RM40 juta.

PETALING JAYA: Pelbagai badan bukan kerajaan (NGO) dan parti politik silih berganti membuat laporan polis dan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) berhubung dakwaan salah laku Ketua Menteri Sabah Dato’ Seri Musa Aman.

Kelmarin, Penyelaras Solidariti Anak Muda Malaysia (SAMM) Sabah Boby Lewat @ Ewat membuat laporan SPRM bagi pihak anak muda Sabah terhadap Musa yang didakwa menerima wang sebanyak RM40 juta berbentuk rasuah untuk kekayaan peribadi.

“Kami merujuk kepada kenyataan bersumpah (Ahli Parlimen Beaufort dan juga bekas Timbalan Menteri Perumahan dan Kerajaan Tempatan) Datuk Seri Lajim Ukim pada 11 Disember lalu,” katanya dalam satu kenyataan.

Menurut beliau, SAMM juga dalam masa yang sama turut membuat laporan SPRM terhadap Menteri di Jabatan Perdana Menteri, Dato’ Seri Mohamed Nazri Abdul Aziz yang punyai hubungkait dengan ahli perniagaan, Michael Chia.

“Ini berikutan pendedahan dari pelbagai sumber media bahawa anak Nazri, Nedim Nazri dan keluarganya mendapat manfaat melalui sebuah kenderaan mewah jenis Hummer hitam dengan nombor pendaftaran WNX 9776.

“Kenderaan mewah ini dianggarkan berharga lebih RM459,000 dan dimiliki oleh Michael Chia disahkan melalui carian saman di laman MyEG,” katanya.

Lesen pembalakan

Micheal Chia yang rapat dengan Musa ditahan di Hong Kong berikutan disyaki terlibat dalam penggubahan wang haram RM40 juta turut dituduh terlibat rasuah berhubung lesen pembalakan yang juga melibatkan Musa.

Menurut Lajim dalam akuan bersumpahnya, pada 9 Oktober 2012, Nazri telah mengumumkan bahawa dakwaan rasuah terhadap Musa dan Michael Chia berhubung dakwaan wang rasuah berjumlah RM40 juta telah digugurkan.

“Ini adalah atas alasan wang RM40 juta yang disiasat itu merupakan derma politik kepada Umno Sabah dan bukannya untuk kegunaan peribadi Ketua Menteri.

“Namun kenyataan bersumpah Lajim menceritakan sebaliknya apabila beliau mengesahkan Umno Sabah tidak pernah menerima sebarang derma politik sebesar jumlah RM40 juta, seperti yang didakwa oleh Nazri di Parlimen.

“Apakah ini satu komplot terancang Musa dan Nazri untuk menyelamatkan antara satu sama lain?,” soal Boby.

Sebagai Ahli Majlis Tertinggi Umno dan Anggota Badan Perhubungan Umno Sabah, Lajim yang terlibat secara langsung dengan apa jua aktiviti Umno di Sabah termasuk perihal kewangan, memperakui tiada sebarang urusniaga dan transaksi yang membuktikan Umno Sabah penerima dana RM40 juta tersebut.

Jika ada, pasti ia dibentangkan kepada Majlis Tertinggi Umno atau Badan Perhubungan Umno Sabah, menurut Lajim.

Perkembangan terbaru ini jelas menunjukkan berlaku percanggahan daripada apa yang diumum oleh Nazri dan menerbitkan unsur penipuan yang membabitkan wang rakyat sebanyak RM40 juta.

Pengumuman Nazri juga didapati menyeleweng dan berniat untuk menutup isu yang lebih besar iaitu dakwaan salahguna kuasa dalam anugerah lesen pembalakan di Sabah.

“Dengan perkembangan ini juga SAMM mendesak SPRM supaya membuka satu kertas siasatan baru melibatkan Musa Aman dan Nazri Aziz.

“Kesediaan Lajim untuk memberi kenyataan kepada mana-mana pihak berkuasa bagi menyiasat skandal RM40 juta ini merupakan satu kelebihan dan kesempatan ini harus diambil oleh SPRM,” ujar Boby.

MIC wants willing families to adopt abused boy

The police have wrapped up investigations on the matter and are awaiting reply from the Attorney-General's Chambers.

PETALING JAYA: The MIC Youth would interview families interested in adopting Pugalenthi, the three-year-old, who was abused by his step-father in Klang recently

The boy was discharged from the Tengku Ampuan Rahimah General Hospital in Klang today and is now under the care of the State Welfare Department.

“MIC Youth information chief S Subramaniam would be visiting potential families who have shown interest in adopting the boy, today. We want to find the best suited family for the boy.

“We are not keen in having him placed at a welfare home or a childcare centre,” MIC Youth chief T Mohan told FMT when contacted.

He said giving up the boy for adoption would be the best available solution as he would be able to lead a family life.

Pugalenthi’s plight came to light last week after a video of him being abused by the step-father was uploaded on Facebook.

The video created a furore among Malaysians and the step-father was arrested while the boy was sent to the hospital for observation.

The boy, who spent the last few days under the supervision of the State Welfare Department at the Tengku Ampuan Rahimah hospital, is doing well and is happy, according to a hospital source.

The source added that the boy has no remaining injuries and is physically and mentally stable.

Meanwhile, Klang police deputy chief Supt Jani Ahmad said the police have completed investigations in the case.

“We have sent the investigations papers to the Attorney-General’s Chambers. We will wait for further instructions from the A-G’s Chambers… hopefully, a decision will be made in the next few days,” he told FMT.

The father is expected to be charged under Section 31(1)(a) of the Child Act 2001, which carries a punishment of a maximum 10 years imprisonment or a maximum fine of RM 20,000, or both.

The man is expected to be in remand awaiting the AG’s Chambers next course of action.

Batu Caves condo: What they’re not telling you

Batu Caves (Wiki commons)

A LOT of accusations and allegations have been made in the recent case of the condominium development near Batu Caves. On one hand, the current Pakatan Rakyat (PR) Selangor government has accused the former Barisan Nasional (BN) government of approving the Dolomite Park Avenue condominium project. This was why, they said, the PR government allowed the project to continue.
The BN’s response was that they only gave planning approval, which isn’t a development order. According to the BN, the Selangor government had every right to stop the project if it wanted to. The BN also noted that approval to build the condominium was given on 26 June 2008, after the PR had come into power in Selangor.
Which coalition is telling the truth? What’s the difference between a planning approval and a development order? And what else aren’t they telling us?
Planning permission
The approval that the BN government gave is called a “planning permission”. The Town and Country Planning Act describes the process in which a planning permission is applied for. The extensive plans that need to be submitted for this planning permission include a geotechnical report and a survey of all forms of vegetation and trees. It also includes a land use analysis and its effects on adjoining land.
The developer must also submit “layout plans”, which include measures for the protection and improvement of the land’s physical environment and the trees in the area, and the allocation of public parks. If the application does not violate any of the automatic rejection clauses, the local council can grant planning permission either absolutely or subject to such conditions as it thinks fit. The council can also consult residents and ratepayers before giving this approval.
This entire process only deals with the submission of technical documentation and studies, with proposals based on those submissions. Planning permission is approved when these documents are in order. Hence, approvals given at this stage do not yet constitute permission to carry out development works.
Take, for example, the planning permission given by the Petaling Jaya City Council (MBPJ) to redevelop the PKNS building in Section 52, PJ. Among the conditions the developer had yet to obtain at the time of approval was:
(B) xiv. Merujuk serta mendapatkan kelulusan dari JKR Selangor bagi tambahan satu lorong di interchange bersebelahan PJ Hilton dari arah KL ke Jalan Barat.
Land conversion
The next step is land conversion, which is covered under the National Land Code. In most cases, land earmarked for development is categorised for agricultural use. Or a land owner with land meant for residential use may want to build something bigger and convert the land use for commercial purposes.
At this stage, the prepared and submitted plans detailed above must be presented to the state government’s Land Office for further deliberation. If the government denies the land conversion at this stage, the development cannot proceed.

Those who protest the condominium’s construction claim the work is an environmental risk that will jeopardise the temple grounds (Wiki commons)

On the other hand, if the land conversion is approved, the developer must pay a premium for land conversion. This premium is calculated based on the number of units and the type of units that will be built, minus the portion of land that will be surrendered to the government for public use. Land lot numbers for all the units to be built and for designated public spaces are also assigned at this stage.
It is important to note here that once this premium is calculated and paid, the development plans cannot change. This is because any attempt to add structures or units would mean that the developer is cheating the government out of the premium it deserves.
In the case of the Batu Caves condominium, I am made to understand that the land was originally mining land. So, land conversion had to happen before the development could proceed.
Permission to build
Once all that is done, the developer needs two things. One, a developer’s licence from the Housing and Local Government Ministry as stipulated under the Housing Development (Control and Licensing) Act. And two, a development order from the local council, as stipulated under the Streets, Drainage and Building Act, to proceed with actual construction.
At this stage, details of the buildings to be constructed are submitted to the local council engineers for approval. Control of the construction site, passage of heavy vehicles, and even limitation of construction hours are some of the conditions that the local council can impose on developers.
Since the approval to build the Batu Caves condominium was reportedly given on 26 June 2008, this suggests that the double-checking of facts, the project’s viability, and land use conversion were already completed at this juncture.
Show me your vote
From a technical standpoint, if due process had been followed, the PR government would have no problems whatsoever in explaining why they approved the development order for the Batu Caves condominium. They would also not have any need to blame the previous government for the earlier planning permission.
A commission to study the matter is also unnecessary if all the technical departments had done their job and were able to provide the justification for their decisions at a moment’s notice. (Side rant: if you need an independent commission to check the work of your own staff, you are in serious trouble.)
Apart from that, what we also have are both political coalitions promising to cancel the project. Clearly, because the Indian vote matters in what will be a hotly contested impending general election, neither coalition can risk the ire of the Batu Caves temple committee and their supporters.
Here’s the thing though – both the BN and PR have been coy about how exactly they will cancel the development and what the cost will be to ratepayers.
From BN to PR
To understand how things can go quite wrong, it would be instructive to direct our attention to Damansara Jaya, where the Atria Shopping Centre used to stand. During the 2008 election campaign, Tony Pua and Dr Cheah Wing Yin brandished MBPJ meeting minutes at their ceramah to show that the BN had approved the redevelopment of the shopping centre, which residents were unhappy about. The duo promised that the DAP would stop the redevelopment if they were voted in.

The Atria Shopping Centre which has since been torn down to be redeveloped (Source: pjnet.com.my)

Today, it’s clear the DAP was unable to keep that promise. The redevelopment of the Atria Shopping Complex is well underway. Why did the DAP fail to keep its promise to voters? Because planning permission for the complex’s redevelopment was issued on 28 Feb 2008 before the PR came into power.
But wait. Didn’t I say that planning permission is not the same as the actual development order? Yes I did, and that is exactly how the process is meant to work.
However, the BN government made it a standard that once a local council gives planning permission, a development is considered approved and all other permissions or approvals can be obtained during construction. Here are a couple of projects that were approved and developed under BN rule that did not follow due process:
Ken Damansara III did not convert the land title use from “fruit orchard” to “residential” until a few months before the building was issued a certificate of fitness.
The commercial developments in Section 13, PJ still have land titles with the land use category of “industrial” even though the buildings there are up and running today as commercial properties.
Unfortunately, the PR government inherited from the BN this understanding of how development rules work. Subsequently, they apologised to Damansara Jaya residents by saying the developer had to be allowed to continue with the redevelopment of Atria Shopping Centre. Otherwise, MBPJ would be hit with a lawsuit and PJ ratepayers would bear the cost. As a compromise to residents, MBPJ scaled down the redevelopment of the shopping centre.
But here is where the logic fails. If planning permission was given and guaranteed approval for development was implied, the PR government would not be able to even scale down the project, not legally at least. In truth, the development process as practised by the state government under both the BN and PR is so mired with haphazard inconsistencies that the various government departments can’t even keep their records straight.
So what are we left with? Correcting the system would be too tedious and involve stepping on too many toes. It is much easier for our politicians, especially when the polls are so close, to point fingers at each other and make promises that they cannot legally implement.
Will the Batu Caves condominium be a repeat of what the Damansara Jaya residents experienced? We will know after the next general election.

Cop's son gunned down by police

(The Sun Daily) - The son of a police corporal was shot dead when he tried to attack police detectives in a botched robbery at a 24-hour convenience store in Wangsa Maju early today.

The 19-year-old – with an accomplice – was reported to have held a machete to a worker's neck and demanded the day's takings at the KK store in Taman Sri Rampai at about 4.30am. There were four workers in the store.

Luck ran out for the two robbers when minutes later, a police team patrolling the area arrived at the store. On seeing the detectives, the duo dashed out in an attempt to escape. When they were ordered to surrender, the teenage robber charged with his machete at a detective. The police opened fire, hitting him on the chest. He died on the spot.

The teenager's accomplice, also armed with a machete, was believed to have suffered a gunshot wound, but managed to escape on foot.

Kuala Lumpur deputy CID chief ACP Khairi Ahrasa said police were forced to open fire at the 19-year-old as he had tried to attack a detective.

Investigators believe the duo were involved in another robbery, also at a KK store in Danau Kota, Setapak, a day earlier where they escaped with RM900.

A total of 31 cases involving 24-hour convenience stores were reported in Wangsa Maju since early this year.

In a separate case in Selangor, police solved the Dec 8 murder cum robbery case of a 36-year-old computer engineer with the arrest of five suspects, aged between 17 and 30, in Puchong and Segamat, Johor.

Selangor deputy CID chief ACP Rosli Mohd Isa said in a press conference that other than the five suspects, another five men who bought the stolen items were also held last week.

He added that police recovered several items, including a TV, smartphone and car belonging to the victim and the murder weapon.

I have formally placed the “Who is the Tan Sri lawyer?” matter before the Bar Council

“I write now to formally put this matter before the Bar Council and to ask that an investigation be

launched forthwith to :-
 
 1. identify the solicitor(s) concerned; and
 2. ascertain if there was any impropriety in the preparation of SD2″.

This was the closing paragraph of my letter to the Bar Council delivered today at 3.40pm in relation to the matter of  the preparation of the second statutory declaration sworn by P.I. Bala.
The letter, in full, less my address and fixed phone line details, in PDF, is linked below.
Letter to Bar Council

Apology to Najib and UMNO/BN leaders for being elected into DAP CEC at the 16th DAP National Congress and with highest votes

I wish to apologise to the Prime Minister and UMNO President, Datuk Seri Najib Razak and the UMNO/BN leaders that I was elected into the DAP Central Executive Committee (CEC) at the 16th DAP National Congress – and with the highest votes.

UMNO leaders, including Najib, had been going round the country castigating the DAP for being undemocratic, alleging that I was in the DAP national leadership although I was not an elected DAP leader.

At the recent 66th UMNO General Assembly at the end of last month, Najib returned to the same theme in his UMNO Presidential Address when he flayed the Pakatan Rakyat parties of PKR, PAS and DAP.

This is what he said about me: “Although only holding the position of member of parliament despite not being an elected leader, Lim Kit Siang is evidently quite a powerful individual in the opposition party”.

It had always amused me when Najib made these attacks against me in his political tours up and down the country, wondering whether he had been misled by his cohorts of political advisers and aides or whether he had deliberately lied although he knew the truth.

I had stood for every elections to the CEC since the party formation in 1966. In the last DAP 15th Congress, I also stood for election to the CEC and was fortunate to top the votes.

I had deliberately refrained from rebutting Najib for his baseless attack that I was not an elected DAP leader as I wanted to test the degree of the Prime Minister’s respect for fact and truth or the quality of intelligence of the Prime Minister’s army of advisers and aides.

If Malaysia has a Prime Minister who has no respect for fact or truth, continuing to tell untruths like his allegation that I was an unelected leader in DAP, or his cohorts and aides are so atrocious in their political intelligence as not to know that I had contested in every DAP CEC election and that I had polled the highest votes in the 2008 DAP National Congress, then the Malaysian public cannot put too much trust and confidence in the Prime Minister’s speeches, statements and assurances.

Now, what is the truth? Was Najib wrongly advised by his advisers and aides, or did he deliberately repeat a lie against me?

Would apologise Najib for lying about me for not being an elected DAP leader in the past four years? I am not asking for any apology from Najib as I do not think it is worth asking it from him. If he wants to apologise, he would have to do it on his own volition.
Now Najib has changed his tune after the press reports that I had received the highest votes at Saturday’s DAP Congress.

Yesterday in Sandakan, Najib said DAP was undemocratic because “the father (Lim Kit Siang) received the highest number of votes and his son (Lim Guan Eng) came in second”.

Previously, Najib said DAP was undemocratic as I was not an elected DAP leader. Now he charged DAP for being undemocratic because I had secured the most votes.

What a cheap Prime Minister we have – a “heads I win, tails you lose” complex!

Again, I say sorry to Najib and the UMNO/BN leaders for being elected again into the CEC, and like the previous DAP Congress, with the highest votes.

Coming to the 47th year of my commitment in the DAP to help bring about a more united, just, democratic and prosperous Malaysia, I will continue to do my utmost in the 13GE to realize the hitherto impossible dream in Malaysia of changing the Federal Government in the 13GE.

I call on Najib to set a personal example to end the hate politics of race, religion, lies and fear which UMNO/BN leaders have been spreading to perpetuate UMNO/BN power and undertake to ensure that the 13GE will be smooth, clean, free and fair elections.

Furthermore, Najib should publicly distance himself from and condemn whoever raised the spectre of May 13 or “chaos” after the 13GE if UMNO/BN loses.

He should demonstrate that he is serious and sincere when he repeatedly said after becoming Prime Minister in April 2009 that “The era the government knows best is over” and give firm and categorical assurance that UMNO/BN would peacefully transfer power in Putrajaya to Pakatan Rakyat if this is the verdict of electorate – a position which should be formalized in the form of a resolution by the UMNO and BN Supreme Councils.

Farming Community Must Make Agriculture Sector As Part Of Global Supply Network - Najib

KUALA LUMPUR, Dec 18 (Bernama) -- The farming community in the country needs to make the agriculture sector as part of the global supply chain to expand the local agriculture products market to the international level and generate more lucrative income.

Prime Minister Datuk Seri Najib Tun Razak said this could be achieved if elements of innovation and boosting research and development (R&D) could be instilled across all levels of society and covering all value chains of the agriculture sector.

"I want to see elements of innovation absorbed in agriculture because I am confident and believe the agriculture sector can still boost its production and productivity to an optimum level and not through the opening of land, which is limited.

"But by applying technology through (R&D) and innovation and best practice to boost output or productivity," he said when opening the 39th annual general meeting of the National Farmers Association (Nafas), here, Monday night.

The prime minister said the government had also introduced several new initiatives for the development and progress of the agriculture sector including through the Rural Transformation Centres (RTCs) early this year.

"Through the RTC, we can turn a place into a centre to purchase and to stock up on all types of agricultural goods from the surrounding areas."

He said to meet the food demand of the nation, the agriculture sector could no longer be too dependent on imported food sources.

As such, he said clear policies and proactive measures must be taken to ensure the nation's food supply adequacy and security.

"On this demand, the government has expanded the focus of the agriculture sector under the National Key Economic Area (NKEA), the National Agrofood Policy (DAN) and the 10th Malaysia Plan.

"Under the agriculture sector NKEA, 16 entry point projects (EPP) have been identified and three involve the rice and padi sector. The other agriculture sectors which are the focus of the government include herbal plants, livestock and aquaculture," said Najib.

He said DAN, formulated by the ministry, was a continuation of the National Agriculture Policy (DPN) which complemented the NKEA.

"Two main objectives of the policy are to boost the income of the target groups and to increase the contribution of the agrofood sector to the national income," he said.

According to Najib, the efforts and initiatives carried out by the government was also to face the food supply crisis which was experiencing a surge and was worrying.

"Since 2002 until 2008 alone, the basic food index in the global market rose 190 per cent for maize, 162 per cent for flour, 318 per cent for rice and 246 for soya beans.

"More serious, the Food and Agriculture Organisation of the United Nations reported that for 2012, the food imports for poor countries has risen by 11 per cent while for food producing nations, the value of their food imports has gone up by 20 per cent," he said.

Earlier, Najib launched the first transformation of the Nafas corporate plan, namely the National Agriculture Fund (DPK) which will enable members to directly invest in business activities carried out by the organisation and to subsequently generate income to continue their farming efforts.

At the same time, Najib who is also Finance Minister, also announced he would consider at the cabinet level, the request of Nafas for a grant of RM100 million to DPK.

He also witnessed the signing of a memorandum of understanding between Nafas and the ministry for management and practical training cooperation and handed over premier awards to children of farmers who received excellent results in their examinations.

DAP Not Anti-Malay Party, Says Guan Eng

GEORGE TOWN, Dec 17 (Bernama) -- DAP secretary-general Lim Guan Eng said on Monday the party was not anti-Malay just because no Malay candidate was elected to its central executive committee (CEC).

He said the DAP was open to all the races.

At the party's elections at its national congress last Saturday, none of the eight Malay candidates got elected to the CEC, but two of them, Senator Ariffin S.M. Omar and Zairil Khir Johari, were appointed to the CEC later.

Lim, who is the Penang chief minister, urged the media to stop carrying reports which could incite hatred in the people towards the party.

"We do not control who the delegates choose. We accept the results (of the elections). This is democracy.

"...and yet these are the parties who criticise the DAP just because we appoint two Malay members to the CEC. We accept the result and decision made by the delegates at the national congress," he told reporters here.