Share |

Friday 29 November 2013

S'gor backbenchers want pay hike postponed, reviewed

India: A SIMI militant Suspect planned to strike pilgrim train, Shia mosque

Suspected Students' Islamic Movement of India (SIMI) had plans to attack a Delhi-Bodh Gaya special train and the Shia mosque at Lucknow.
 
India: A SIMI militant Suspect planned to strike pilgrim train, Shia mosque
(Ahlul Bayt News Agency) - The Delhi-Bodh Gaya train, which generally ferries foreign tourists, was the next target of the Students’ Islamic Movement of India (Simi), interrogation of arrested “Simi militants” has revealed.

“Interrogation of Simi’s Chhattisgarh chief Umer Siddiqui and close aides, arrested here recently, has revealed that the banned outfit had planned to attack the Delhi-Bodh Gaya train, in which generally tourists from Sri Lanka, Japan and other Buddhist-dominated countries travel,” additional director-general of police (intelligence) Mukesh Gupta told reporters here Wednesday.

Mr Gupta added, “The militants have also revealed their plan to target heritage sites, like the Shia mosque of Lucknow and Buddhist site at Siripur in Chhattisgarh.”

Siddiqui, said to be the mastermind of the July 7 blasts at the Bodh Gaya temple complex in Bihar, is one of the 13 alleged SIMI operatives who have been arrested over the last two weeks in Raipur.

The police claimed to have seized video clippings and documents from the arrested alleged Simi functionaries which are anti-India in nature. The seized materials, which also contained hate speeches against India, resembled propaganda being used by Pakistan-based extremist organisations against India.

“Simi militants can be equated with terrorists of the Laskhar-e-Tayyaba, Jaish-e-Mohammed and Indian Mujahideen considering the ruthless manner in which they function,” Mr Gupta said. Mr Gupta said the arrested “Simi militants” had planned to flee abroad to operate from bases there after building networks in India. “We have seized visa application forms for Pakistan from them,” he added.

Dr Mahathir says ending APs means ending Proton and Perodua

Former Prime Minister Tun Dr Mahathir Mohamad (pic) today warned Putrajaya that abolishing the Approved Permit (AP) system would be the death knell of national carmakers Proton and Perodua.

In his blog, Malaysia's longest serving prime minister said without the AP system, foreign car manufacturers would flood the local car industry, leaving Proton and Perodua floundering.

"Malays and other Bumiputeras will be unable to enter the automotive business without the AP system because they are unfamiliar with the market," Dr Mahathir said.

As Putrajaya begins to take steps towards liberalising the automotive industry, Dr Mahathir said it was common for businessmen to do business with people they were familiar with.

"It is difficult to build trust with a business partner or agent when you do not know their background. Worse still, when you know the stranger has no capital and experience," Dr Mahathir pointed out.

"In the past, only a few Malays could afford to import used cars into Malaysia and this disturbed the implementation of the New Economic Policy.

"The objective of the NEP was to eliminate the identification of race with economic functions. To overcome this, the government allowed the importation of reconditioned Japanese cars.

"Aspiring Malay auto dealers were given APs. Even as times changed, the AP system continued for new and second-hand special models."

The demand is such that auto car dealers were prepared to buy the APs at high prices, Dr Mahathir said in his blog.

As part of their benefits, members of parliament are allocated one AP, regardless of the number of terms they have served, although it cannot be sold.

Dr Mahathir pointed out that there were similar systems for essential items such as sugar, flour, rice and other items.

"There are individuals who have benefited from this system for the past 80 years and become billionaires."

"There is no demand to stop these APs and the recipients live a charmed life. So if Putrajaya is reconsidering the AP system, it should include all APs and not just for cars," Dr Mahathir said.

Former Finance Minister Tun Daim Zainuddin came under attack from Malay rights group Perkasa yesterday for supporting the abolishing of the APs.

Perkasa vice-president Dr Zubir Harun said such a move would threaten the livelihood of Bumiputeras. He demanded the government revoke all gaming licenses in Malaysia.

Daim had expressed his support for Mercedes-Benz Malaysia Sdn Bhd president and chief executive officer Roland S. Folger, who suggested abolishing the AP policy.

Dr Zubir said now that Daim had become a corporate figure, he wanted to meddle in the livelihood of his own race. - TMI

Pay hike: Anwar says too high, MB says justified

Opposition Leader Anwar Ibrahim says an increment is necessary but way too high.
UPDATED

KUALA LUMPUR: Opposition Leader Anwar Ibrahim said today that the new salaries for Selangor state government officials is too high.

Yesterday, it was reported that Selangor Menteri Besar, elected representatives, executive council members, Speaker and deputy Speaker will receive massive pay hikes effective Jan 1, 2014.

The amendments to existing laws were made and passed at the Selangor legislative assembly yesterday, allowing the salary hike.

“I agree with the increase in wages for Parliamentarians, but I have told the MB (Khalid Ibrahim) that the increase is a bit too high and he has to explain to Pakatan what is the reason for such a hefty hike,” Anwar told reporters in Parliament here. Anwar is also the Selangor economic advisor.

Anwar also acknowledged that there was a motion for salary increment in Parliament, referring to the Members of the Administration and Members of Dewan Undangan Negeri (Remuneration, Pensions and Gratuities) Bill 2013 which provides for an increase in remuneration for the state assembly speaker, deputy speaker and political secretaries.

“We agree on the policy because (wages) have not increased for so long, but we must also pay attention to services to the people,” he said.

“An increment is necessary, but it is too high,” he added.

No political pressure

Asked if the increment was due to political pressure from Selangor legislative backbenchers, Anwar said it was impossible.

“It is not because of political pressure. This (increment) happens in all the states… it has also been brought up in Parliament,” Anwar said.

However, Anwar said Khalid had a duty to give his (Khalid’s) side of the story to the press as well as reconsider the proposed hike rates.

“I repeat, it is necessary, it’s just that the increment is too high.”

Under the new Selangor salary structure, the pay of assemblymen will be upped 87% from RM6,000 to RM11,250 a month, the Speaker from RM6,109.29 to RM22,500 (268%), and the deputy Speaker from RM3,327.50 to RM15,750 (373%).

The salary of exco members will go up 231% from RM6,109.29 to RM20,250 while the Menteri Besar will have a pay rise of 106.4% from RM14,175 to RM29,250.

The Selangor state Speaker is Hannah Yeoh while her deputy is Nik Nazmi Nik Ahmad.

MB: We followed Sarawak

Responding to criticism, Khalid said the massive pay hike was justifiable as it was based on the salaries paid to such positions in Sarawak.

Speaking to newsmen at the state legislative assembly lobby, Khalid defended the pay hike saying that the proposed salaries were much lower than that paid to these office bearers in private companies.

“To some people it could be a lot but for those who had been in the private sector, it is not high. It is justifiable. We cannot hide our income. We had agreed to reveal our salaries,” said Khalid, who is also Pelabuhan Kelang state assemblyman.

In fact, he said the pay of those in the private sector was much higher than the salaries given to ministers.

“The federal government also uses private consultants. Their income (the private consultants) is sometimes higher than the minister’s pay,” he added.

‘Court action if Cheras MIC delegates allowed to vote’

A Cheras MIC leader says he will take court action if the party does not heed the ROS order and allowed Cheras division delegates to vote in the party election on Saturday.

KUALA LUMPUR:Cheras MIC division deputy chief K Palanisamy has threatened to take legal action if the division’s delegates are allowed to vote in the party election on Saturday.

ROS deputy director Alias Mamat, in a letter to MIC secretary-general A Sakthivel on Nov 21, told the party to iron out the problems in the Cheras division as the issue could affect the party’s annual general meeting.

“We will not hesitate to drag the party to court, if the Cheras division delegates are allowed to vote in the election on Saturday,” Palanisamy told reporters at Royal Selangor Club in here.

Recently, Palanisamy had written to the ROS saying that the branch meetings were held simultaneously on July 21 at the Cheras MIC division office in Taman Kobena, Cheras.

However, Sakthivel said yesterday Cheras division delegates were entitled to vote in the election after discussing with the management committee.

There are eight delegates, including the chairman, in the Cheras division.

“This is a very serious issue and I hope the party leadership will not repeat the same mistake as they did when they reversed the suspension of the Youth election results in less than 24 hours.

“ROS made it clear that allowing Cheras division delegates to vote will affect the party polls. But, the MIC leadership is adamant on this matter,” said Palanisamy.

He also said he had sent more than 10 letters to Sakthivel but there was no reply until today.

Wangsa Maju division former deputy chairman M Thanakodi said he would also write to the ROS on the phantom voters in his division.

“I have asked the party leadership to sort out the phantom-voter issue in my division but they have not taken any action.

“I have no choice but to go the ROS,” he told FMT.

A check showed that the ROS had received 48 complaints lodged by MIC leaders who were unhappy with their division election results.

Penduduk Kg Hakka bimbang keselamatan terancam

Kesal dengan kenyataan yang dikeluarkan oleh jurucakap pemaju yang mengatakan insiden tembakan itu berkait dengan pihak penduduk yang tidak berpuas hati dengan keputusan mahkamah
VIDEO INSIDE

PETALING JAYA: Kumpulan penduduk asal Kampung Hakka hari ini membuat aduan polis berhubung kejadian tembakan di hadapan pejabat pemaju Mega 9 Sdn Bhd, 27 Nov lepas.

Pemaju tersebut sebelum ini terlibat dalam satu pertelingkahan dengan penduduk asal Kampung Hakka mengenai status tanah kampung tersebut yang menyaksikan beberapa buah rumah telahpun dirobohkan

Menurut kumpulan tersebut, susulan daripada kejadian tembakan yang berlaku pada awal pagi hari kejadian, Jawatankuasa Tindakan Penduduk Kampung Hakka telah mengadakan satu mesyuarat tergempar dan sebulat suara membuat membuat satu laporan polis.

“Kami bimbang akan keselamatan penduduk ekoran daripada insiden ini dan mahukan keselamatan penduduk kampung Hakka dijamin. Jawatankuasa kami juga telah mengambil keputusan untuk menubuhkan satu pasukan keselamatan untuk mengawal keselamatan penduduk terutamnya pada waktu malam untuk membuat rondaan kerana kami cukup bimbang dengan insiden ini dan amat risau akan keselamatan kami dan keluarga kami,” jelas kumpulan tersebut melalui satu siaran media.

Mereka juga kesal dengan kenyataan yang dikeluarkan oleh jurucakap pemaju seperti yang dilaporkan dalam sebuah akhbar tempatan yang mengatakan insiden tembakan itu berkait dengan pihak penduduk yang tidak berpuas hati dengan keputusan mahkamah dan pampasan yang diberikan oleh pihak pemaju.

“Kami merasakan ini adalah satu tuduhan fitnah dan mesti disiasat oleh pihak polis yang adil. Kami ingin menyatakan bahawa pihak penduduk mempunyai satu ‘Stay Order’ dari Mahkamah Rayuan dimana rumah kami tidak boleh dirobohkan sehingga kes didengar di Mahkamah Rayuan,”

Jelas mereka lagi, wakil penduduk melalui Dewan Perhimpunan Cina Negeri Sembilan telahpun membuat satu rundingan dengan pemaju pada 24 Nov lepas.

“Hasil perbincangan adalah amat positif dimana pihak pemaju sedia mendengar tuntutan kami dan sedia untuk berbincang untuk mencari satu penyelesian. Oleh yang demikian tindakan penembakan ini seolah olah satu tindakan untuk sabotaj rundingan yang sedang berlaku antara kami dengan pihak pemaju dan tidak masuk akal jika dikaitkan dengan kami.”

Pada masa yang sama, kumpulan tersebut meminta campur tangan dari Bukit Aman untuk menyiasat perkara ini kerana tidak berpuas hati dengan tindakan Ibu Pejabat Daerah Polis Nilai yang didakwa membantu Mega 9 untuk melaksanakan ‘pencerobohan’ di kampung mereka.

“Hanya satu siasatan yang neutral dan professional dari satu pasukan khas dari Bukit Aman dapat menyiasat kes ini secara telus dan tanpa prasangka.”

Disamping itu, mereka turut mendakwa insiden ini sebagai langkah untuk mengurangkan sokongan rakyat kepada mereka dan usaha untuk mengusir penduduk asal keluar dari Kampung Hakka.

MIC delegates to show displeasure at AGM

The MIC annual general assembly is expected to be fiery and delegates are expected to show their might at the ballots.

PETALING JAYA: The MIC annual general assembly in Malacca this weekend is expected to be explosive with more than 1,400 divisional delegates voting to pick three vice-presidents and 23 central working committee members, who will lead the party for the next three years.

The party is holding its polls for the first time since 2009 as it had postponed the election pending the 13th general election which was held in May.

The party held its presidential polls in August which saw G Palanivel return uncontested.

Nominations for deputy president, three vice-presidents and 23 central working committee members were held early this month. Deputy president Dr S Subramaniam was returned unopposed.

The win of both Palanivel and Dr Subramaniam was result of a peace deal brokered by Prime Minister and Barisan Nasional chief Najib Tun Razak. The deal was clinched in the presence of Palanivel, Dr Subramaniam, incumbent vice-presidents M Saravanan and SK Devamany.

Under the deal, Palanivel and Dr Subramaniam would retain their positions uncontested, and the two leaders would not put up their “preferred” candidates for the veep contest.

While the leaders made these decisions, the ground is simmering as grassroots leaders were not consulted on the matter. Until today, neither the party president nor leaders who attended the meeting with Najib have not disclosed to lower rank leaders what transpired in the meeting.

“What they got was just direction to do this and that. They have the right to know what is happening. Grassroots leaders are also in the dark over the running of the party.

“The MIC has become lethargic. There are no statements from leaders, especially the president, on the issues which crop up from time to time. Issues like temple land and issuance of MyKad are not being championed.

“MIC used to be a vibrant party. No matter what is said about (S) Samy Vellu (the former president), he voiced his displeasure if he sees anything unfair to Indians. He was a cabinet minister yet he never feared talking against the government in fighting for the Indians.

“This silent kind of leadership has irked members and grassroots leaders. In the party, decisions taken lack transparency. Decisions are taken without any consultation with the central working committee. It looks like a few leaders decide and others are required to follow,” said a party leader, who declined to be named.

Youth fiasco

The leader said the Youth election fiasco is just one example of how just a few leaders decide on things and “when things get hot, they reverse what they had decided upon”.

Two days ago party secretary-general A Sakthivel announced that the party was suspending its national Youth election results as there were bankrupts who voted in the polls. He also said there was a case of delegate who was overseas, but yet his ballot was cast by someone else at the polls.

Barely 24 hours later, Palanivel summoned an emergency central working committee meeting to discuss the issue. FMT learnt that he got an earfull from other leaders for suspending the Youth election results. Soon after the meeting, Sakthivel again was made to face the media, to announce that the party had reinstated the Youth polls results.

The leadership’s flip-flop is very embarrassing to members who have to face their counterparts from other political parties, especially the opposition.

This brings up another issue. Why did Palanivel attempt to suspend the Youth polls results?

Sources reveal that he was trying to ensure that the 38-block votes from the Youth wing did not go to former Youth chief T Mohan who is contesting a vice-president post.

Palanivel had been “whispering” to grassroots leaders aligned to him to support his “preferred” vice-president candidates. This goes against the peace deal brokered by Najib.

There are eight contestants in the veep race, including two incumbent vice-presidents.

The others are Mohan and another former Youth chief SA Vigneswaran, former vice- president S Sothinathan, treasurer-general Jaspal Singh, Johor Baru division leader KS Balakrishnan and Bukit Bintang division leader James Selvarajah.

“Palanivel knows Saravanan is leading the race. He is riding high after the government agreed to form the New Affirmative Action Movement, which is expected to assist Indian youth through entrepreneurship, business financing and human capital development.

“His ideas have been well received in the party and is seen at the future leader of the MIC.

“Mohan is close behind. Palanivel needs to kill off both these leaders for his own ‘preferred’ list of leaders to come in. These two leaders have the backing of the Youth wing. So if the Youth wing is disqualified then the two will not get the Youth votes, thus Palanivel would be able to reduce votes of these two leaders,” said a source, who attended the central working committee meeting yesterday.

All this had fired up grassroots leaders who now feel that they are in the party just for status quo and to keep Palanivel president.

Famous Five

There are also complaints that the MIC headquarters is slow in moving on matters pertaining to the party.

“We also have the Famous Five who make decisions for the party’s 640,000 members,” said the leader.

The ‘Famous Five’ he referred to are Palanivel, Sakthivel, Jaspal, Kajang division leader N Rawisandiran (who contested the Batu Caves state seat and lost in the last general election) and P Palaniappan, Palanivel’s political secretary.

The leader claimed that the five leaders were the ones making important decisions in the party without any consultation with leaders holding national positions.

“Everyone knows this. This too has made division and branch leaders angry. They will use this AGM and the ballot to tell Palanivel to buck up.

“I also expect the debates on the presidential address to be fiery. But this depends on who is allowed to speak at the debates. Since Sakthivel is secretary-general, they will definitely not allow those known to be against Palanivel to take the rostrum in the debates but we will see in 48 hours,” he added.

Pakatan: Loga Bala misled Parliament on KL assessment hike


http://i.imgur.com/jiiqOFw.jpgPathma Subramaniam, Fz.com

The Opposition wants Deputy Federal Territories Minister Datuk J Loga Bala Mohan to be referred to the Rights and Privileges Committee for "misleading" Parliament on the enforcement date for the Kuala Lumpur assessment rates hike.

Lim Lip Eng (DAP-Segambut) said Loga Bala had stating facts that contradicted Federal Territories Minister Datuk Seri Tengku Adnan Mansor's statement this morning that that the hike will come into effect on Jan 1.

Loga Bala had told the Dewan Rakyat yesterdat that the hike in the assessment rates will be postponed indefinitely, pending public hearings which has been extended from January to March next year.

But according to Tengku Adnan, what was extended to March was the period needed by a special panel formed to gather public feedback on the hike to implement the revised rates.

Raising the contradiction in the House today, Lim said differing statements had led to unnecessary confusion.

Speaker Tan Sri Pandikar Amin Mulia told Lim that he will evaluate the complaint and decide on Monday on whether Loga Bala should face the powerful committee of the House.

At a press conference later, Lim ticked off both Tengku Adnan and Loga Bala for interfering in the decision on raising assessment rates.

Lim pointed out that the revision of the assessment tax is solely under the discretion of the capital's mayor Datuk Phesal Talib.

Tan Kok Wai (DAP-Cheras), who was also present, slammed Loga Bala for the mix up as the deputy minister repeated the claim of indefinite deferment when Lim sought a clarification yesterday.

"According to the local government's bylaws there will be a late payment penalty if the property owners do not pay their assessment tax by Feb 28 but this minister (Tenku Adnan) is telling everyone to go pay after the expiry date until the public hearing ends in march.

"Doesn't this sound ridiculous?" asked Tan.

Lim reiterated that the Federal Territories Ministry should stay out of the controversy, saying: "I want the minister and deputy minister to just shut up and let the mayor decide and make the announcement."

Racial discrimination under 1Malaysia slogan

http://www.occupyforanimals.org/uploads/7/7/3/5/7735203/4962645.jpg?766Recently an Indian police officer went to my house during an investigation over the cow slaughtering issue. I had clearly told the headmaster (HM) of the school concerned that I am living overseas, so why were the police looking for me? When the time comes, I will inform the Royal Malaysian Police (PDRM) and let us meet each other. Till then be patient.

If at all the police are eager to investigate me, they should first investigate Perkasa, blogger Papagomo and the school HMs around Malaysia who agreed with animal cruelty in schools.

Lately, the Second Education Minister, Idris Jusoh, had said that there is a circular issued in 1976 which states that religious programmes can be held in schools. We would like to read the circular itself, and my question in the video was very clear, from whom did the school HM get permission and I asked him to send me the proof, but till today the whole Malaysian Education Ministry has failed to produce the letter.

I urge the prime minister to answer my questions. Where does it state in the constitution that cow slaughtering in schools is permitted? If this can’t be answered, please stop the cruelty. To my knowledge even moderate Turkey will not slaughter cows in schools. I had been in schools for 13 years and I never heard of cow slaughtering in the schools where I had studied. Do not make schools as suraus.

The Education Department should respect other races who are studying in schools.

The government should cancel the registration of Perkasa and Ikatan Muslimin Malaysia (Isma) and take action against Umno ministers who are stirring racial sentiments in Malaysia regarding the cow slaughtering issue and other issues, too.

Last week Minister Shahidan Kassim said there are no Public Services Commission (PSC) scholarships for the Indian community because Indians are prominent as lawyers and doctors. This kind of minister should be charged with causing racial tension, but due to double standards in Malaysia, the Umno-led government will hide the issue under the carpet.

Racist Umno-friendly NGOs are causing unwanted problems in Malaysia but the law is lenient for them. I urge the PM to throw out his racist ministers before I come back to face the police. The cow slaughtering issue is a simple issue where multiracial schools became slaughterhouses and the Education Department and their ministers should respect other races.

Do not misuse the percentage in the larger population. We Malaysian do not see the real meaning of PM Najib Abdul Razak’s 1Malaysia. Please explain the meaning to us.

The cow slaughtering act is not in line with the education syllabus or school co-curriculum in any part of the world.

Celebrating cow slaughtering in the school will make kids psychologically traumatised. Even if the teachers and students were asked not to “see” the slaughter, fine, but one can always “hear” the slaughter being carried out.

Any country’s parliament in the world would never approve such an inhumane act as slaughtering animals in schools. It’s a great disgrace for the country. All schools should follow worldwide educational guidelines, and definitely animal slaughtering will not be part of the system. The Malaysian parliament should come to a decision to respect non-violence.

Cow slaughtering in schools can cause post-traumatic stress disorder (PTSD), which develops after a terrifying ordeal such as witnessing a harmful event that happened to animals or humans. War soldiers and victims have faced this syndrome and even people who work in slaughterhouses.

 http://www.malaysiakini.com/letters/247849

DAP MP: Gerrymandering protected Umno, not Malays


According to Ong, some of the seats in the three states - such as Tumpat (69,948 voters), Kuala Terengganu (65,900), Kuala Kedah (73,942), and Baling (72,387) already have a high number of voters but no seats were added despite that. – Picture by Choo Choy May

KUALA LUMPUR, Nov 28 — After an admission of gerrymandering by a former Election Commission (EC) chief, a DAP MP today claimed that past re-delineation exercises were only aimed at protecting the interests of the ruling Barisan Nasional (BN) rather than the Malay community.

According to Serdang MP Dr Ong Kian Ming, the EC would have added more seats in Malay-majority states Kedah, Kelantan and Terengganu if it really was protecting the Malay interest as claimed by Tan Sri Abdul Rashid Abdul Rahman earlier this week.

“If Tan Sri Abdul Rashid wanted to maintain Malay political dominance, why was it that no parliamentary seats were added to the Malay majority states of Kedah, Kelantan and Terengganu in the 2003 delineation exercise?,” Ong said in a statement here.

“The reason for the non-addition of parliament seats in these three states is simple ...The BN was fearful that if more seats were added in these states, it would benefit the opposition, specifically PAS.”

According to Ong, some of the seats in the three states - such as Tumpat (69,948 voters), Kuala Terengganu (65,900), Kuala Kedah (73,942), and Baling (72,387) already have a high number of voters but no seats were added despite that.

However, opposition party PAS had performed exceptionally well in the 1999 general elections in those three states, and the re-delineation exercise in 2003 was done so to prevent PAS from capturing more seats, Ong alleged.

As part of the IKMAS (Institut Kajian Malaysia dan Antarabangsa) study team from Universiti Kebangsaan Malaysia observing the process, Ong related that he remembered Abdul Rashid admitting of receiving instructions from then Prime Minister Tun Dr Mahathir to create more ethnically “mixed” seats, rather than adding more seats in the three states.

The assumption behind the instructions, Ong claimed, was that Barisan Nasional would have captured them easily compared to PAS.

“Abdul Rashid was clearly taking instructions from this political masters in the BN during the 2003 delineation exercise,” the DAP MP added.

“The exercise was done in order to increase the political dominance of BN / UMNO and not to increase Malay political dominance per se.”

Ong’s comments today comes following an admission by Tan Sri Abdul Rashid that the three redelineation exercises during his term had ensured the continued political dominance of the Malays, even as the retired election chief insisted the redrawing of electoral boundaries were carried out in the “proper way”.

Rashid was reported to have made the comments after joining Malay rights group Perkasa, during the group’s Federal Territory annual general meeting earlier this week.

Yesterday, elections watchdog Bersih 2.0 had urged the EC to call off its re-delineation exercise as it cast further doubt on the looming revision that has been stained by allegations of gerrymandering.

Bersih 2.0 also repeated its call for the EC clean the electoral rolls and renew its members, claiming the current members of partisan, unethical, and non-independent.

The EC — which has been accused of gerrymandering to give more weight to rural constituencies, where the ruling Barisan Nasional (BN) typically enjoys strong support — has said that it will begin redrawing constituency lines at the end of the year.

Polls watchdog Bersih, however, warned the EC last September that a repeat of the massive street rallies for electoral reforms was “inevitable” if the electoral roll is not cleared of irregularities.

The case for judicial discretion

The Star 
Brave New World BY AZMI SHAROM

In recent surveys, most Malaysians backed the death penalty – but not the mandatory version.

IN principle I have no problems with the death penalty. There are three basic theories of punishment: deterrence, rehabilitation and retribution.

I am uncomfortable with the concept of deterrence because I am uncertain that fear of punishment is necessarily the primary factor when a person commits a crime.

Furthermore, taken to its logical conclusion, the punishment can be extremely disproportionate to the crime in order to make it “scarier”.

Neither am I convinced by the idea of rehabilitation; after all, who is to determine when a person is rehabilitated or not.

I believe in the retribution theory of justice, which is to say, you are simply punished for the crime you committed, not as an example to others and not subject to the whims of authorities who may or may not believe that you have repented and are now a good person.

And in violent crimes, then a simple punishment would be equally violent.

After all, you reap what you sow.

In practice, however, I do not believe in the death penalty.

This is because the justice system is run by humans and humans are fundamentally flawed.

Therefore, there will always be a chance that an innocent person is convicted. That is a chance I am not willing to take.

The Death Penalty Project in association with the Malaysian Bar Council completed earlier this year a report which was the analysis of over 1,500 surveys conducted amongst Malaysians.

The result of the survey was astonishing. Basically it was trying to gauge the Malaysian public’s view on the death penalty.

What was to be expected was that a vast majority of the respondents agreed with the death penalty.

What was unexpected, to me at least, was that the majority was not in favour of mandatory death penalty sentences, especially for drug and firearms offences.

Let us be clear on the distinction.

A mandatory death penalty means that if a person is found guilty of an offence which carries such a punishment, then the judge will have absolutely no choice but to mete out said penalty.

This means that the discretion of the judge to take into account the surrounding factors of the case is non-existent.

This can lead to cruel decisions and it could, oddly enough, lead to decisions where a person who has committed a crime is let off on slight technicalities because a judge is loath to send a person to his death.

The resentencing of Yong Vui Kong, the young Malaysian found guilty of drug trafficking in Singapore, is an example of how a change in the law has avoided what could have been a most unjust killing.

By most accounts, Vui Kong was very young, naïve and not particularly bright: a candidate who in most likelihood is the perfect mule for the drug kingpins who want their product moved.

Not a hardened criminal, he was to suffer for the activities of more nefarious parties who, of course, would not be caught in such a compromising position.

It is a great relief, particularly to the hard-working and persistent Save Vui Kong group who have been fighting tirelessly for his pardon, that this Malaysian youth will not die as the Singaporeans amended their laws by taking away the mandatory death sentence and giving the judge discretion as to the punishment he sees fit.

It is noted that even the Malaysian Government had tried to appeal to the Singaporeans for clemency.

If they could see the potential injustice of a mandatory death sentence and if the majority of the Malaysian public are not in favour of it as shown by the Death Penalty Project report, isn’t it time we had a serious rethink of our own mandatory death penalty laws?

> Azmi Sharom (azmisharom@yahoo.co.uk) is a law teacher. The views expressed here are entirely the writer’s own.

Nuzul Al-Quran To Be Observed As A Holiday In Federal Territories From 2014

KUALA LUMPUR, Nov 28 (Bernama) -- The Federal Government has agreed to declare Nuzul Al-Quran as a public holiday for Federal Territories (Kuala Lumpur, Labuan, Putrajaya) starting next year.

The Prime Minister's Department in a statement Thursday made the announcement.

Apart from declaring Nuzul Al-Quran as a public holiday, the Federal Territories will also enjoy an extra holiday on Feb 3 (Monday) since the Federal Territory Day coincides with the second day of Chinese New Year on Feb 1, 2014 (Saturday).

According to the statement, the holiday would also apply to Kuala Lumpur, Labuan and Putrajaya.

"The announcement will allow people in all three 'Territories' to make early preparations for the holidays," said the statement.

-- BERNAMA

Hindraf to Ku Nan: Don’t touch temples anymore or else…

Ku Nan HindrafKUALA LUMPUR, Nov 28: Hindraf urges Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor to consider the impact on the Indian community’s trust in Barisan Nasional (BN) before demolishing more temples.

Hindraf chairman P. Waytha Moorthy, in a statement to The Malaysian Times (TMT) said the recent act by Kuala Lumpur City Hall (DBKL) in demolishing a temple at Jalan P. Ramlee and the statement regarding future demolishment will create further disappointment to the Indian community.

“We call upon the Minister to reconvene the long due meeting that was cancelled with Hindraf to find a permanent and comprehensive solution to this long standing problem.

“He should not worry about setting new precedents as long as it benefits the public interest pursuant to what had been inked in the MoU between BN and Hindraf.

“We belief there are about 20 temples in similar predicament in the Klang valley vicinity.

“BN should not further aggravate the Malaysian Indian community by demolishing places of worship,” said Waytha, who is also the Deputy Minister in the Prime Minister’s Department.

He was commenting on the recent statement that DBKL has confirmed their intention to continue demolishing temples or to relocate them within Klang Valley as they consider them squatting on land illegally.

In response to this, Waytha said “Hindraf finds this statement baseless as the government is aware that those temples are neither squatting nor illegal as they had pre-existed within the enclave of Indian community who had toiled for the nation in the plantation, railway, JKR, water works and national electricity board from the British colonial era.

“The failure of the government to draw up clear policies for these temples that had existed pre- 1957 without heeding the importance of a place of worship and its sanctity to the Malaysian Indian community, does not constitute those temples illegal.

Waytha added that during the development years, the federal and state governments as well as the private developers had acted in heavy handed methods in addressing the issues relating to the temples without consulting or engaging the community in a fair and just manner nor created any provisions to safeguard the interest of the Indian community in maintaining their temples.

According to a research, conducted by Hindraf, the above conduct by the authorities had contributed to over 79 temples being demolished amongst which 15 in the Klang Valley during the period from 2006 to 2007.

Waytha noted that one of the key elements in the MOU between BN and Hindraf was to ensure that temples should not be demolished in an arbitrary manner but to engage Hindraf in resolving such issues in a win-win situation for the government as well as the community. -TMT