India to charge five gang-rape suspects

Police to receive victim's postmortem results, with murder charges against adult suspects set to be filed on Thursday.
 
Indian police have said they expect to formally charge five of six suspects with murder in the death of 23-year-old woman who was raped on a moving bus in New Delhi last month.

The sixth suspect in the case that has outraged the country is under 18-years old. Under Indian law, juveniles cannot be prosecuted for murder.

Police ordered a bone test for the sixth accused to confirm his age, according to a police officer who spoke to the Associated Press on condition of anonymity as he was not authorised to talk to reporters.

Rajan Bhagat, New Delhi police spokesman, said on Tuesday that a charge-sheet in the case will be filed in court on Thursday.

Police also said they expected to receive the victim's postmortem report on Tuesday.

The suspects face the death penalty if convicted.

The physiotherapy student died last week in a Singapore hospital where she had been sent for emergency treatment after the crime in India's capital on December 16.

Ongoing protests

The case has triggered protests across India and raised questions about lax attitudes by police toward sexual crimes.

Protesters and politicians from across the spectrum called for a special session of Parliament to pass new laws to increase punishments for rapists - including possible chemical castration - and to set up fast-track courts to deal with rape cases within 90 days.

Thousands of Indians have lit candles, held prayer meetings and marched through various cities and towns to express their grief and demand stronger protection for women and the death penalty for rape, which is now punishable by a maximum of life imprisonment.

Authorities clamped down on demonstrations in the heart of the city before Christmas, but hundreds of people gathered for vigils on Monday nigh.

Protesters were seen sitting at Jantar Mantar, New Delhi's famous protest site and were shouting slogans.

More events were planned across the city.

Meanwhile on Monday, the Indian army and navy canceled their New Year's celebrations, as did Sonia Gandhi, head of the ruling Congress party.

Several hotels and clubs across the capital also did not hold their usual parties.

Only one man stands to gain from Bala's second SD

(Malaysiakini) COMMENT Private eye P Balasubramaniam affirmed his first statutory declaration (SD) on July 1, 2008. It was released at a press conference held at the PKR headquarters on July 3 that year. It was 55 paragraphs long.

A host of personalities were mentioned in this first SD. They are as follows (in the sequence they appear); Abdul Razak Baginda; private investigator Ang; murdered Mongolian woman Altantuya Shaaribuu; Rowena Abdul Razak; Suras Kumar; Dhiren Norendra; Najib Razak; Lance Corporal Rohaniza; Azilah Hadri; Sirul Azahar; Amy; DSP Musa Safri; DSP Idris and ASP Tonny.

The second SD, which emerged a day later, purposefully referred to only seven of those 55 paragraphs set out in the first SD.

These seven paragraphs (8, 25, 28, 49, 50, 51 and 52), were specifically identified and transcribed, after which their contents were traversed in the order they appeared in the first SD. In other words, these paragraphs were intentionally extracted from the first SD, repeated and subsequently retracted by denial. No other details appearing in that first SD were touched upon or even mentioned.

It may be an unfortunate coincidence that each and every paragraph so traversed in the second SD specifically bore reference to Najib. Nothing of all the other personalities mentioned in the first SD was referred to. Only the details relating to Najib were set out in the second SD and retracted.

This, by a very rudimentary analysis, would lead any reasonably minded person to surmise that the personality standing to benefit from this partial second SD retraction must have been the one whose name had been mentioned in the paragraphs referred to above. There is no logical reason why anyone else would have been interested.

This, by a simple process of deduction, indicates that Najib or someone close enough to him, entrusted or vested with an interest to maintain and preserve a favourable public perception of him, must have been instrumental in the organisation of a very rapid attempt to stifle what must have been perceived as a formidable threat to his pending ascension to the position of prime minister.

Who drafted the second SD?

Unfortunately, matters such as this, if done in haste, will eventually unravel.

It has recently emerged that a lawyer(s) other than M Arunampalam, was/were involved in receiving instructions to formulate a ‘U-turn' SD to be signed by Balasubramaniam . It had been assumed Arunampalam was instrumental in the drafting of this second SD, for the simple reason he turned up purporting to represent Balasubramaniam at that infamous press conference held in the lobby of the Prince Hotel in the morning of July 4, 2008.

However, as we now know, carpet trader Deepak Jaikishan has dispelled that assumption. He has said Arunampalam was there basically as a stooge for the person(s) behind these shenanigans. He was used by Deepak as a player in the entire plot.

It is no secret Arunampalam has been Deepak's lawyer in certain property transactions in the past. Appearing for someone he had never met and knew nothing about was probably a rather tenuous extension of the conveyancing portfolio he was handling for Deepak. Let's leave it at that.

We now know Arunalpalam didn't draft or prepare that second SD. Deepak has said so.
So who received instructions, ostensibly from Najib, or one or more of his cohorts, to do this?

Out of the 14,000 odd practising lawyers registered with the Bar Council, it can reasonably be assumed that only a handful of these lawyers would have had the privilege of being at the beck and call of Najib or his entourage.

We have now narrowed down the range of potential participants. This should assist the Bar Council in its endeavours to trace the culprit(s) who unilaterally and without instructions, drafted a false statutory declaration for my client to sign under circumstances in which the question of voluntariness remains highly suspect.

A revisit of the contents of that first SD is appropriate at this juncture.

Balasubramaniam's motives
What was the purpose of releasing that first SD? The answer lies in paragraph 54.

This paragraph sets out in detail the reasons why it was affirmed. These details need to be repeated so that the entire issue can be contextualised and afforded some prominence as it appears the wood is being ignored in favour of the trees and weeds.

The reason why Balasubramaniam affirmed this first SD was primarily due to the fact that the Altantuya murder trial was still on going at that stage and he was concerned that a massive cover-up was being orchestrated to detract from the most crucial question in the entire trial, the question which is still on everyone's lips until today... what was the motive for this murder?

Balasubramaniam's complaint was that although he had been called as a prosecution witness, he was not asked, during examination-in-chief or under cross-examination, fundamentally basic and pertinent questions relating to individuals who could throw some light on the chain of command.

Paragraph 54 of that first SD sets out the reasons why it was made and I reproduce those contents as follows: (Balasubramaniam said he wished to):

• State his disappointment at the standard of investigations conducted by the authorities into the circumstances surrounding the murder of Altantuya.

• Bring to the notice of the relevant authorities the strong possibility that there were individuals other than the three accused who must have played a role in the murder of Altantuya.

• Persuade the relevant authorities to reopen their investigations into this case immediately so that any fresh evidence may be presented to the court prior to submissions at the end of the prosecutions' case.

• Emphasise the fact that having been a member of the Royal Malaysian Police for 17 years, he was absolutely certain no police officer would shoot someone in the head and blow up his or her body without receiving specific instructions from their superiors first.

• Express his concern that should the defence not be called in the said murder trial, the accused, Azilah and Sirul, would not have to swear on oath and testify as to the instructions they received and from whom they were given.

Explanation needed

As it turns out, Balasubramaniam's predictions were rather accurate to a large extent.

Abdul Razak Baginda was acquitted at the end of the prosecutions' case and both Azilah and Sirul chose not to give evidence in their defence, which effectively meant they were not subject to cross examination. (They gave statements from the dock instead).

In other words, all three accused were spared the embarrassment of having to actually answer very relevant questions which would have revealed a motive for the murder. This is of course based on the assumption that the prosecution were ready and prepared to ask these very pertinent questions.

It is also rather intriguing to note that despite my making it very clear at that initial press conference that some of the material Balasubramaniam was alluding to was hearsay in the sense he was merely repeating what Razak Baginda had told him, these revelations have never been denied by Razak Baginda, despite having had every opportunity to do so once he had been acquitted.

What has been stated above is not intended to cast unwarranted aspersions on any individual involved but merely serves as an objective analysis of the circumstances surrounding this whole issue which I believe necessitates an explanation, especially in light of the recent revelations made by Deepak, all of which have yet to be disputed by the individuals named or implicated.

This reticence, unfortunately, only lends credence to these aspersions.

Deepak puts off book launch to Wednesday

Carpet businessman Deepak Jaikishan has postponed the launch of his tell-all book called 'Black Rose' - linking the wife of the prime minister, Rosmah Mansor, with the saga of murdered Mongolian woman Altantuya Shaariibuu - to tomorrow.

In an SMS message cancelling today's event, he said that the book publisher had yet to release copies of 'Black Rose' to him.
In addition to the launch of the book, Deepak also vowed to disclose evidence of alleged payment to private investigator, P Balasubramaniam to make him retract his initial statutory declaration linking Prime Minister Najib Razak to Altantuya.
Meanwhile, he is expected to go to the Malaysian Anti-Corruption Commission (MACC) office in Putrajaya in the coming week.
Deepak said the meeting was supposed to be held yesterday, but the officer who has been asking for him to come to the MACC was occupied.

“Hence, he has asked me to go there within this week. I will be informing the media further on this as I will require the media's assistance before going in.”

He however refused to divulge details on what he is being called for, only saying more will be revealed before he enters the MACC office.

Bala or land deal?

Deepak, who had previously acknowledged helping to get Balasubramaniam retract his first statutory declaration, had recently revealed that Najib had a role in the affair.

The MACC had then considered the Balasubramaniam probe closed unless there is new evidence.

The carpet businessman was also embroiled in a legal tussle involving his company Astacanggih Sdn Bhd, which was being bought over by a Defence Ministry agency last week after the case had been withdrawn from the Kuala Lumpur High Court.

Boustead Holding Bhd, the investment vehicle of Lembaga Tabung Angkatan Tentera (LTAT), an agency under the Defence Ministry, had announced on Bursa Malaysia that it would be acquiring an 80 percent stake in Astacanggih, owned by Deepak.

Boustead purchased the stake through its wholly-owned subsidiary Bakti Wira Development Sdn Bhd, and said it will also acquire 80.94 hectares of freehold land in Klang from Awan Megah (M) Sdn Bhd for RM130 million.

The legal battle follows Awan Megah having sought Deepak’s help when it failed to secure a land bond after it was tasked by the government through a privatisation project to construct the National Defence Research Centre (Puspahanas) in Putrajaya for which the Defence Ministry would pay the company RM27 million, and 223 acres or 90.24ha of land in Klang worth RM72.5 million.

Deepak’s Astacanggih had managed to secure and issue the RM72.5 million land bond for Awan Megah, where in return, 200 acres of the land will be given to him.

However, he has alleged that Awan Megah, owned by Selangor Umno senator Raja Ropiaah Raja Abdullah, has reneged on her end of the deal resulting in the legal tussle which was eventually withdrawn last week.

Threat of Direct Action against Hindus by Muslim leader in India. The Ghost of Jinnah is still alive in Owaisi brothers. Hindus must take this Challenge.

“In Hindustan, We (Muslim)are only 25 crores. You (Hindu) are 100 Corers. OK. You are much more than us. Remove Police only for 15 minutes, We will prove who have courage and who are powerful…..” Akbaruddin Owaisi, MLA of Chandrayangutta Assembly Constituency (All India Majlis-e-Ittehadul Muslimeen - AIMIM, Hyderabad, Andhra Pradesh in a communal meeting of 25000 fanatic Muslims at Nirmal, Adilabad, AP on 24-12-2012.

Kill the dog when it is mad. Hindus should take the Challenge.

~Upananda Brahmachari.
The Ghost of the partition devil Muhammad ‘Ali Jinnah is still alive in Owaisi brothers of Hyderabad. In a chilled wave of Islamic wind the tuberculous ghost of Jinnah needed some warmth of pure fanaticism for which the bloody swine Akbaruddin Owaisi gave a clarion call to finish off 100 Hindus by 25 crores of Muslim in the same way of direct action as it was done by Jinnah on 16th August 1946.

Actually this Owaisi Sultanate of Hyderabad are always posed a anti Indian- anti Hindu stand from the beginning as they belong to Rajakar Sunni clan. Rajakar is a para-military force of fundamental Muslims against non-Muslims to hold a supremacy of Muslims in the dominion. The MIM (Majlis-e-Ittehadul Muslimeen) and now AIMIM (All India Majlis-e-Ittehadul Muslimeen) generated by this Owaisi family were never patriotic in the Bhartiya (Indian) context or they never wanted to stay in Indian Republic. They always opted the anti Indian politics and stand to materialize a two nation theory or the Momin-Kaffir division under Islamic communalism.

The party has roots back to the days of the princely State of Hyderabad. It was founded and shaped by Nawab Mahmood Nawaz Khan Qiledar Golconda of Hyderabad State by the advice of Nawab Mir Osman Ali Khan the Nizam of Hyderabad and in the presence of Ulma-e-Mashaeqeen in 1927 as a pro-Nizam party. then it was only Majlis-e-Ittehadul Muslimeen (MIM) and the first meeting was held in the house of Nawab Mahmood Nawaz Khan his house name was “Touheed Manzil”. The MIM advocated the set up of a Muslim dominion rather than integration with India. In 1938 Bahadur Yar Jung was elected President of the MIM which had a cultural and religious manifesto soon acquired political complexion and became aligned with the Muslim League in British India. He soon rose to be the supreme and unquestioned leader of the MIM and imparted a new militancy to it.

On December 26, 1943, Nawab Bahadur Yar Jung delivered an important speech in the All India Muslim League conference Lahore. In the first half of his speech he laid stress on the struggle for Pakistan. In the second half he talked about the creation of Pakistan.

The Razakars (volunteers), actually a Muslim paramilitary organization, was historically linked to the MIM. In total up to 150,000 Razakar soldiers were mobilized to fight against the Indian Union and for the independence of the Hyderabad State against Indian integration and to force its eventual merger into Pakistan instead. After the integration of the Hyderabad state with India, the MIM was banned in 1948 till 1957. The MIM president and Razakar leader Qasim Rizvi was jailed from 1948 to 1957, and then he was left on the condition to go to Pakistan, where he was granted asylum. Pakistan and ISI have a direct link with MIM as the strategists opined for various reasons altogether.

From that legacy these Owaisi brothers Assaduddin and Akbaruddin are maintaining a crude and staunch Islamic subversiveness in Indian politics arousing a venomous communal feeling. Sultan Salahuddin Owaisi, father of Owaisi brothers took complete command of AIMIM and thus refereed as Salar E Millat (The Commander of the Community) or simply Salar. In 1960, during Salahuddin’s leadership AIMIM made full fledged entry in politics by capturing the Mallepally seat of Hyderabad Municipal Corporation by defeating M. M. Hashim of Indian National Congress and MIM never saw behind until it spread its communal influences all over Andhra Pradesh by making his elder son Assaduddin as Member of Parliament of Hyderabad Loksabha Constituency (2009) and younger son Akbaruddin as Member of Legislative Assembly from Chandrayangutta Vidhansabha Constituency (2009).

With this increased political power, the Owaisi brothers have been raping the Hindu sentiments by various methods like banning Hindu festivals like Ramnavami and Hanuman Jayanti in Hyderabad, promoting Cow slaughter in Hindu areas, giving shelters for Communal Rohingya Muslims in Hyderabad, giving effort to demolish Bhagyalakshmi Temple at Charminar and now targeting a communal riot betweeng Hindu and Muslims by fomenting hot-headed Muslims in various places throughout India. Moreover, these two Owaisi brothers are playing a key role to unite all the Muslim political force under an Umbrella of Political Jihad in India aiming to another Pakistan or to make India as DINIA (the pre Pak name as proposed by the Pak originators at Cambridge). From Assam Riots to Raja Academy Violence in Mumbai or collaborating with Popular Front of India and All India United Democratic Front of Baddaruddin Azamal, these brothers come to the spotlight of present Muslim politics in India. The communal Politics of Jinnah remain still alive in the subversive and Jihadi politics of these Arab-Pak prompted Muslim leaders and Islamic parties in India.

On 24th of December 2012, Akbaruddin crossed the limit ultimately by calling a Direct Action against Hindus near Adilabad (AP). In his disparaging remarks against Hindus in a hate speech, the sitting MLA of Chandrayangutta told that Muslims would need just 15 minutes without the police to show 100 crore Hindus who is more powerful.

In a complaint filed against the MIM legislator, an advocate Kashimshetty Karunasagar said he had stumbled upon YouTube uploaded hate speech made at a public meeting at Adilabad on December 24, about 300 km from the city.

The VII additional chief metropolitan magistrate after admitting the petition said the matter will be heard on December 31.

Akbaruddin, who is the younger brother of MIM MP Asaduddin Owaisi, said Hindus have so many gods and goddesses, and every eight days, there are new gods coming up. “We knew about Lakshmi, but who is Bhagyalakshmi, we are not aware,” Akbar said referring to the Bhagyalakshmi temple abutting the historic Charminar.

The MIM had been complaining against a semi-permanent structure over the Bhagyalakshmi temple and finally parted ways with the Congress party after weeks of violence. Akbaruddin’s hate speech saw a huge buzz created on the social media all day and it was also trending on Twitter.

“Inflammatory speech by MLA Akbaruddin – Remove police for 15 mins, We will finish off 100 crore Hindus,” tweeted television commentator and interviewer Karan Thapar, which was re-tweeted by journalist and columnist Swapan Dasgupta.

Meanwhile, a group of civil rights activists have strongly condemned Owaisi’s speech.

The group comprising Mazher Hussain, Hamid Mohammed Khan, M Mandal, Asghar Ali Engineer, Swami Agnivesh, Mahesh Bhatt, Irfan Engineer, Sandeep Panday and Ram Punyani said in a statement, “Such obnoxious speeches and statements divide society, vitiate peace and lead to conflicts and riots that eventually result in deaths and destruction causing untold hardships to the poor of all communities. Coming from a responsible member of Legislative Assembly makes it even more detestable and unacceptable.”

BUT SUCH EYE WASHING FROM RIGHTS GROUP OR INACTION FROM HINDUS CAN ONLY AGGRAVATE THE PROCEEDINGS OF PAKISTAN FURTHERMORE IN BHARAT. MANY A PROCESS COULD NOT HINDER THE REALTY OF PAKISTAN IN THE HISTORY OF STAMPEDING THE SACRIFICE OF MAJORITY HINDUS IN THE STRUGGLE FOR INDEPENDENCE. ENOUGH IS ENOUGH.

THE CASE IS IN THE HON’BLE COURT. BUT, WE HAVE NOT NOTICED ANY SIGN OF REPENTANCE OF AKBARUDDIN IN ANY WAY. YES WE, HINDU SAMAJ AND ORGS ARE ACCEPTING YOUR CHALLENGE. YOU CRITICIZED NARENDRA MODI FOR GOING TO HYDERABAD. YOU AKBARUDDIN COME TO GUJARAT, WE WILL DO NOTHING TO YOU. I AM REQUESTING SRIMAN RAJA BHAIYA (SHRI RAM YUVA SENA), TO INVITE MODIJI TO VISIT HYDERABAD PROMPTLY. AND NARENDRA MODIJI MUST ENTER INTO HYDERABAD TO PROVE HYDERABAD AS A PART OF BHARAT AS IT WAS DONE BY DR SHYAMAPRASAD MOOKHERJEE TO RETAIN KASHMIR IN INDIA,

WE KNOW THAT KILLING A MAD DOG SOMETIMES MADE A NECESSITY, THOUGH PATHETIC. HINDUS HAVE NO OPTION BUT TO ACCEPT THE CHALLENGE TO SLEEP DOWN A MAD DOG BARKING AND ATTACKING US VERY DANGEROUSLY. SUPPORT US. SATYAMEVA JAYATE. JAI SHRI RAM. JAYATU JAYATU HINDU RASHTRAM.

Seven aid workers gunned down in northwestern Pakistan

Seven aid workers have been killed in northwestern Pakistan. There was no immediate claim of responsibility for the attack.

Local officials said the victims, who were gunned down as they left a children's community center where they worked, were Pakistani citizens. Six of the victims were women, at least five of whom worked as teachers at the community center, while the seventh was a male doctor. The attack occured in Swabi district, about 75 kilometers (45 miles) northwest of the capital, Islamabad.

"They were on their way back home when unknown gunmen on a motorcycle opened fire on their vehicle," the Swabi district police chief told the AFP news agency. "Six women and a man have died. The driver is injured. We are investigating the motives of the attack," Abdul Rahsid Kahn added.

Last month, nine health workers taking part in a national polio vaccination drive were gunned down in a series of attacks in northwestern Pakistan and Karachi. Suspicion fell upon Pakistani Taliban Islamists, but they denied carrying out those attacks. The United Nations children's fund and the World Health Organization reacted by suspending their work on polio campaigns, which the Taliban have repeatedly denounced as being a plot to either sterilize or spy on Muslims.

The head of Support With Working Solution, the charity whose workers were killed in Tuesday's attacks, said that while the motive remained unclear, a link to December's attacks was not out of the question.

"Our charity centre is located close to a government facility offering polio immunization and it is possible that the attackers mistakenly thought our staffers were health workers," Javed Akhtar told the DPA news agency.

pfd/kms (Reuters, AFP, dpa)

British Muslim lawmaker loves Israel

It is somewhat rare these days to hear outright statements of support for Israel from the upper echelons of British politics. It is even more rare to hear such statements from British Muslims.

Earlier this month, support for Israel was voiced from both quarters, in the form of one man: Conservative MP Sajid Javid.

Javid, along with a number of other Conservative MPs, was asked to attend and speak at the December 13 Conservative Friends of Israel "business lunch", one of the main pro-Israel annual political events in Britain.

Despite his Muslim background, or perhaps because of it, Javid stole the show by telling his audience that were he to move his family to the Middle East today, Israel would be the only country he would consider.

Israel "is the only country in the region that shares the same democratic values as Britain," said Javid. "Israel is the only free country in the Middle East." Even for Muslims.

Javid continued by pointing out that while Britain has a long and proud history, "we are mere beginners compared to Israel, a nation that is governing itself in the same territory, under the same name, with the same religion, and the same language as it did 3,000 years ago. Now that's what I call longevity!"

Find mystery lawyer behind Bala’s second SD first, Bar Council told

Lawyer Americk Singh Sidhu has lashed out at the Bar Council for allegedly dragging its feet over the identity of the mystery lawyer. Pictured here is Bar Council president Lim Chee Wee, who has said a probe into the matter is already underway.

KUALA LUMPUR, Jan 1 — The Bar Council was today chided for dragging its feet over the identity of the mystery lawyer behind P. Balasubramaniam's controversial second sworn statement into the 2006 murder of Mongolian Altantuya Shaariibuu, despite the number of clues at its disposal.

Lawyer Americk Singh Sidhu, who is acting for the former private detective, told The Malaysian Insider the Bar Council should speed up its investigation on the high-profile case that had previously been linked to several high-ranking government officials and resurfaced recently in the run-up to the 13th general elections.

“I'm suggesting the Bar Council was a little hesitant in investigating this matter,” he said when contacted today.

The Bar Council, a statutory body regulating the professional conduct of some 14,000 legal practitioners in the country, has said it is investigating the possibility of misconduct in the drafting of Balasubramaniam’s second statutory declaration (SD), which contradicts his previous sworn statement made just a day earlier over the death of the Mongolian translator hired to assist in the government's acquisition of two French submarines several years ago.

“They can pass the matter to the disciplinary board for action,” Americk said, adding that the Bar Council could of its own volition push for an inquiry panel to be set up.

A cloud of mystery has been hanging over the identity of the lawyer who had drawn up Balasubramaniam's second SD, dated 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 an open letter published earlier today, Americk said M. Arunampalam's role as the lawyer who had drafted Balasubramaniam's second SD had been dispelled by well-connected businessman Deepak Jaikishan who is also in the centre of the controversy surrounding Balasubramaniam’s two SDs.

He said the clues were all assembled before the Bar Council to act and advised the body to check out lawyers who had previously worked for the politicians named in Balasubramaniam's (picture) SD to question them in an inquiry.

He pointed that only a handful of lawyers would have access to a prominent personality that had been named in Balasubramaniam's SDs out of the 14,000 members of the Malaysian Bar.

Americk pointed out that Deepak had cleared Arunampalam - whom the carpet dealer had engaged to handle his property transactions previously - as a likely candidate for drafting the second SD.

“We have now narrowed down the range of potential participants. This should assist the Bar Council in its endeavours to trace the culprit(s) who unilaterally and without instructions, drafted a false statutory declaration for my client to sign under circumstances in which the question of voluntariness remains highly suspect,” he had said in his open letter today.

Americk had previously called on the Malaysian Bar president Lim Chee Wee to “organise a simple email to be sent to all members of the Malaysian Bar requesting that the member(s) responsible for drafting that 2nd SD do the right thing and make themselves known, as it appears innocent parties may be publicly falling victim to the blame game and finger pointing which has emerged since Deepak’s revelations, to which I certainly do not subscribe”.

In a harried press conference on July 4, 2008, Balasubramaniam, accompanied by M. Arulampalam, came out to withdraw his first SD, where he negated the contents of the first statement, claiming it had been signed under duress.

He then produced a second statement, which he claimed later in 2009 had been prepared by another lawyer, whom he did not meet with and who did not consult him when drafting the document.

A former Malaysian Anti-Corruption Commission’s (MACC) adviser, Tan Sri Robert Phang, had publicly named Tan Sri Cecil Abraham, who sits on the graftbuster’s Operations Review Panel (PPO), as the lawyer in question in a news conference last month.

Three others have raised the issue publicly – carpet merchant Deepak Jaikishan, former minister Datuk Zaid Ibrahim, and a political activist, Haris Ibrahim.

Haris, a former lawyer, has written in to the Bar Council demanding it investigate the lawyer for misconduct.

But Americk, who said he knew Abraham personally and described him as “someone who possesses such an ingrained sense of dignity, integrity and professionalism”, pointed out there was no concrete evidence to show the latter had drafted Balasubramaniam’s second SD.

Americk stressed that the former private investigator had not met the person who drew up the second statement that he claimed he had been coerced to sign and was clueless as to the person’s identity.

The MACC’s PPO also spoke out on the issue yesterday, saying that Abraham had not been part of the review team that had closed the investigation file on Balasubramaniam’s SD.

“PPO had agreed with the decision by the deputy public prosecutor to stop investigating the case on grounds the main witnesses’ testimonies were not supported by any other witness and the credibility of the main witnesses were disputable.

“PPO wishes to state that one of the panel members, Tan Sri Datuk Cecil Abraham was not present and was not involved in that meeting,” Tan Sri Hadenan Abdul Jalil, chairman of the eight-man MACC operations review panel, said in a media statement last month.

May the force be with us in 2013

We cannot dismiss what has happened during and before 2012 and just hope that 2013 will bring a change to all the horrors of an abusive government and their arrogant leaders.
COMMENT

Here we go again! Amidst the fun and frolics of this last festive season of 2012, I will do, as many of you are wont to do, the toting up of my plusses and minuses for the year that just ended.

In the past I have always done this furtively knowing that in the end the minuses will surpass the plusses, the negative overwhelms the positive because I am, after all, human and a creature of habits.

I always take the road less travelled instead of the one already travelled by others. I am determined to do things my way rather than the ways of the many.

…but I digress.

Let us get back to that plusses and minuses of 2012. Not for me but for our beloved Malaysia!

For me there is not one single issue or incident that stands out from all the others. How can I think of 2012 when what has happened before 2012 overwhelms me?

Memali, Bank Bumiputra, May 13, 1969, the ISA, the PPA, Ops Lallang, Anwar Ibrahim, Eric Cheah, Tun Salleh Abas, Altantuya, Teoh Beng Hock, Aminursayid, Kugan, Ahmad Sarbani, Noramfaizul Mohd Nor, Khir Toyo, PKFZ, NFC, cronyism, money politics, corruption dan lain lain.

These are the thoughts that stay in my head and overwhelm all the plusses and minuses of 2012.

All of them have one common thread linking each and every insidious event, names and incidents – Umno.

And to most of these events, one name keeps recurring ad nauseam: Tun Dr Mahathir Mohamad.

A litany of abuses

How then can I think only of 2012 when I should really reflect on how is it that our beloved nation has come to this:

Malaysia called the most corrupt country for business.

Tan Sri Syed Mokhtar Al-Bukhari, the blue-eyed poster boy-cum-business tycoon touted by Umno as its richest bumiputera corporate figure and the 7th richest man in Malaysia, has a combined debt of RM34.3 billion.

Our Prime Minister Najib Tun Razak thinks that swearing in the mosque absolves him from complicity in a murder and the need to subject himself to the process that he insist his nemises, Anwar Ibrahim be subjected to: that of the Malaysian judiciary.

The murder of suspects in custody by PDRM.

The propensity…nay the greed, of Umno and Barisan Nasional politicians (serving and retired), their families, cronies and friends and acquaintances to acquire insane wealth and the arrogance for them to insists that it is their God given right to do so.

There are more, but I ask you this: How can I think only of 2012 when I have witnessed almost every noble value and aspirations that I hold dear for my country and of it’s leaders disintegrate before my very eyes?

Disintegrate because of the failure of Umno and the failure of the government that Umno has led for over 50 years to do what is right for the common good of our people, our country and our future.

No, we cannot ignore all this and just think of 2012.

Leave 2012 with dignity

We cannot dismiss what has happened during and before 2012 and just hope that 2013 will bring a change to all the horrors of an abusive government and their arrogant leaders.

Yes go into 2013 we must. But we go into 2013 burdened by the abuses of a government that has failed in its duty of care for its own people.

So let us leave 2012 quietly, softly and quickly and leave behind an annus horribilis for all of us….except maybe for Shahrizat Abdul Jalil and the family of NFC infamy!

So my friends, let us leave 2012 with dignity and have within us all this noble passion to do what is right for our common good.

To care for those that are less fortunate than us. To give dignity in life for the aged.

To give hope of a better future for our children and to take our long suffering nation out of debt, out of its servitude to the greed of Barisan Nasional politicians and into a 2013 of change.

In closing I bid you Happy New Year and may the force be with you! Salam.

CT Ali is a reformist who believes in Pakatan Rakyat’s ideologies. He is a FMT columnist.

Majlis Peguam didesak untuk cari peguam misteri di belakang SD kedua Bala

KUALA LUMPUR, 1 Jan — Majlis Peguam hari ini dikritik kerana melengah-lengahkan waktu untuk mendedahkan identiti peguam di belakang kontroversi akuan bersumpah kedua P Balasubramaniam (gambar) mengenai pembunuhan warga Mongolia Altantuya Shariibuu pada tahun 2006, walaupun sudah banyak petunjuk diberikan.

Peguam Americk Singh Sidhu yang mewakili bekas penyiasat persendirian itu memberitahu The Malaysian Insider Majlis Peguam harus mempercepatkan siasatan kes berprofil tinggi itu yang sebelum ini dikaitkan dengan pegawai tertinggi kerajaan, muncul semula menjelang pilihan raya umum ke 13 yang akan berlangsung tidak lama lagi.

“Saya mencadangkan Majlis Peguam keberatan untuk menyiasat kes ini,” katanya apabila dihubungi hari ini.

Majlis Peguam sebuah badan mengatur tugas profesional hampir 14,000 pengamal undang-undang negara berkata mereka sedang menyiasat kemungkinan berlakunya salahlaku dalam merangka akuan bersumpah (SD) kedua Balasubramaniam yang bercanggah dengan akuan bersumpah pertama dibuat sehari sebelum itu, tentang kematian penterjemah kerajaan untuk rundingan membeli dua kapal selam Perancis beberapa tahun lalu.

“Mereka boleh serahkan perkara tersebut kepada badan disiplin untuk tindakan,” kata Americk sambil menambah Majlis Peguam dalam bidang kuasanya boleh menubuhkan panel inkuiri.

Misteri menyelubungi identiti peguam Balasubramaniam yang merangka akuan bersumpah kedua bertarikh sehari selepas SD pertama pada 3 Julai 2008 berkenaan dengan pembunuhan Altantuya dimana dua anggota polis Unit Tindakan Khas (UTK) yang telah dijatuhkan hukuman bunuh.

Dalam surat terbuka awal hari ini, Americk berkata peranan Arunampalam sebagai peguam yang merangka SD kedua Balasubramaniam telah disanggah oleh Deepak Jaikishan yang juga terlibat di sekeliling kejadian berkaitan kedua-dua akuan bersumpah Balasubramaniam.

Beliau mengatakan kesemua petunjuk sudah diserahkan kepada Majlis Peguam untuk bertindak dan menasihatkan badan tersebut untuk menyiasat peguam yang sebelum ini bekerja dengan ahli politik dinyatakan dalam akuan bersumpah Balasubramaniam dan untuk menyiasat mereka dalam inkuiri.

Beliau menegaskan hanya segelintir peguam yang mempunyai akses kepada personaliti penting dinamakan dalam SD Balasubramaniam daripada 14,000 ahli Majlis Peguam.

Americk menjelaskan Deepak sudah membersihkan Arunampalam - dimana penjual karpet itu pernah menggunakan khidmatnya untuk menguruskan urusan hartanahnya - sebagai seorang yang disyaki menulis SD kedua itu.

“Kami sudah kecilkan pelbagai orang yang berpotensi. Ini seharusnya membantu Majlis Peguam untuk berusaha untuk mengesan orang yang secara unilateral dan tanpa menerima arahan, merangka akuan bersumpah palsu untuk ditandatangani oleh anak guam saya dibawah keadaan ianya dilakukan secara sukarela adalah sangat mencurigakan,” katanya dalam surat terbuka hari ini.

Americk sebelum ini mendesak Presiden Majlis Peguam Lim Chee Wee untuk “menghantar emel mudah kepada semua ahli Majlis Peguam meminta agar mereka yang terlibat merangka SD kedua Balasubramaniam untuk melakukan perkara benar dengan mendedahkan identiti kepada umum oleh kerana mereka yang tidak terlibat mungkin dituduh atau dipersalahkan seperti yang berlaku selepas pendedahan Deepak dimana sudah pasti saya tidak setuju.”

Dalam sidang akhbar tergesa-gesa pada 4 Julai 2008, Balasubramaniam yang ditemani oleh Arulampalam muncul untuk menarik kembali akuan bersumpah pertama, dimana beliau menafikan kesemua isinya dan berkata beliau dipaksa untuk menandatanganinya.

Beliau kemudiannya keluar dengan kenyataan kedua dimana beliau dakwa kemudian pada tahun 2009 disediakan oleh seorang peguam yang beliau tidak pernah jumpa dan tidak berunding dengan dirinya apabila merangka dokumen itu.

Bekas penasihat Suruhanjaya Pencegahan Rasuah Malaysia (MACC) Tan Sri Robert Phang secara terbuka menamakan Tan Sri Cecil Abraham yang duduk sebagai Panel Penilaian Operasi (PPO) badan sama dalam sidang akhbar bulan lalu.

Tiga lagi telah menimbulkan isu ini secara terbuka - peniaga karpet Deepak Jaikishan, bekas menteri Datuk Zaid Ibrahim dan aktivis politik, Haris Ibrahim.

Haris yang juga bekas peguam telah menulis surat kepada Majlis Peguam menuntut siasatan terhadap peguam tersebut kerana salahguna kuasa.

Akan tetapi Americk yang mendakwa mengenali Abraham secara peribadi dan menggambarkannya sebagai “seorang bermaruah, berintegriti dan profesional” menegaskan tiada bukti konkrit menunjukkan peguam tersebut mengarang SD kedua Balasubramaniam.

Americk menegaskan bekas penyiasat persendirian itu tidak pernah berjumpa dengan peguam yang merangka kenyataan kedua kerana dipaksa untuk menandatangani dan langsung tidak mengetahui identiti orang tersebut.

PPO SPRM juga mengatakan semalam bahawa Abraham tidak terlibat dengan pasukan penilaian untuk menutup fail penyiasatan SD Balasubramaniam.

PPO bersetuju dengan keputusan penolong pendakwaraya untuk menghentikan siasatan terhadap kes ini dengan alasan saksi utama kes ini tidak disokong oleh saksi lain dan kredibiliti saksi utama disangsikan.

“PPO mahu menyatakan salah seorang ahli panel Tan Sri Datuk Cecil Abraham tidak hadir dan tidak terlibat dalam mesyuarat tersebut,” kata Tan Sri Hadenan Abdul Jalil, pengerusi kepada lapan orang ahli panel PPO dalam kenyataan media bulan lalu.

Let the 100-day countdown to the 13GE start today

With the Prime Minister, Datuk Seri Najib Razak continuing to make himself a national and international spectacle for nearly two years playing the role of Hamlet agonising on “To Be or Not To Be” on dissolving Parliament to seek a mandate of his own and end his role as longest unelected Prime Minister in Malaysia, the phrase “100 days to the 13GE” has become the constant refrain of Malaysians in the last month of 2012.

Let the 100-day countdown to the 13GE start officially today, the first day of 2013, and let all Malaysians take part in the daily countdown to the 13GE because of the historic significance and possibilities of this event.

Even if Najib does not hold general elections by April 20 – the 100th day from today – Parliament will be automatically dissolved on 27th April 2013 as the Federal Constitution provides that unless earlier dissolved, Parliament will stand dissolved five years from the date of its first meeting after a general election, i.e. 28th April 2008.

I do not believe that Najib would want to out-Hamlet Hamlet and be so indecisive as to allow Parliament to stand automatically dissolved on 27th April 2013 for the 13th General Elections to be held.

In his New Year message, Najib called on Malaysians to give his ruling Barisan Nasional government a clear mandate as he promises to build the country to the best of his ability.

In his four years as Prime Minister, Najib has demonstrated that he is not master of his own fate and destiny, which is why his plethora of “transformation” programmes have been observed more by their breach than fulfilment – including his signature policy of 1Malaysia which to date has not received endorsement either by the Najib Cabinet or the UMNO and Barisan Nasional Supreme Councils.

Let the 100-day countdown to the 13GE start today – and let there be a clear mandate for Pakatan Rakyat to replace UMNO/BN coalition in Putrajaya to build an united, democratic, just, progressive and prosperous nation

MCA President Datuk Seri Dr. Chua Soi Lek said at the New Year countdown in Johor Bartu that he would step down as MCA President and join DAP should the DAP win big in Johore and produce a Chinese Mentri Besar.

This is the dishonest politics of lies and falsehoods that Malaysia does not need in the 21st century and I will be the first to object to Chua Soi Lek joining the DAP.

Floods Keep 31 Terengganu Schools Closed On First Day Of School Today

KUALA TERENGGANU, Jan 1 (Bernama) -- Thirty-one schools in Terengganu remained closed today due to the second wave of floods which hit the state yesterday, and kept about 12,000 school children away from their first school day of the new year.

Twenty-three of them are primary schools and the remaining eight, secondary schools, said State Education, Higher Education, Science, Technology and Human Resource Committee chairman Datuk Ahmad Razif Abdul Rahman.

Thirteen of the schools were located in the Hulu Terengganu district, 12 in the Besut district and three each in the Kemaman and Setiu districts, he said.

Some of the schools are flooded, some are cut off by floods, some are being used as relief centres and some are being cleaned.

Sekolah Kebangsaan (SK) Lubuk Periok, SK Tengku Ampuan Intan, Sekolah Menengah Agama (SMA) Mahmudiah and Sekolah Menengah Imtiaz Kuala Berang, all in Hulu Terengganu, and SK Pasir Akar, SK Tok Raja, SK Bukit Jerok, SK Alor Keladi, SK Kampung Nangka, SK Tok Dor and SK Keruak, all in Besut, remained flooded, said Ahmad Razif.

He spoke to reporters after calling on new Standard One pupils at SK Tok Jembal here which opened today for the new school year. Also present was Terengganu deputy director of education Hashim Mohd Zin.

Ahmad Razif said SK Anak Ikan in Setiu and SK Seri Payong and SK Tenang in Besut were being used as flood relief centres.

Sekolah Menengah Kebangsaan (SMK) Bukit Mentok in Kemaman was being cleaned after having been used as a flood relief centre, he said.

He named the schools cut off by floodwaters as SK Kuar, SK Felda Tersat, SK Bukit Taduk, SK Matang, SK Tengkawang, SMK Menerong, SMK Matang and SMK Jenerih, all in Hulu Terengganu; SK Padang Kubu and SK RKT Seberang Tayor in Kemaman; SK Pak Ba and SK Sungai Las in Setiu; and SMK Bukit Payong and SMK Putera in Besut.

"As of now, we are not certain when these schools will reopen. We hope the second wave of floods will recede soon. The schools will have to hold replacement classes on a Saturday," he said.

Ahmad Razif said parents could contact the respective schools or the district education offices to find out when the schools would reopen.

Meanwhile, Hashim said 19,878 pupils had registered to attend Standard One from today at 350 schools in the state.