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Saturday 17 January 2015

Satellite images indicate huge Boko Haram attack

Latest Paris hostage crisis ends without bloodshed as suspect who claimed he had Kalashnikov and grenades gives himself up

  • Dozen of armed police had surrounded post office in Paris suburb of Colombes, seven miles from the city centre
  • Suspect had claimed he was 'heavily-armed' with a Kalashnikov and grenades and had taken several hostages
  • But police say he turned out to be a 'depressed and unstable' local man on medication who had 'romantic problems'
  • Dramatic pictures show suspect emerging from the post office as armed police point their weapons at his head

The latest Paris hostage crisis ended without bloodshed today after a gunman who claimed he had a Kalashnikov and grenades surrendered to police.

In a sign of the increasingly tense atmosphere in the city, the alarm was raised just before 1pm, with reports of a 'terrorist incident' in Colombes.

Dozens of armed officers trained their weapons on a post office where the man had reportedly taken people hostage.

But it turned out to be a 31-year-old 'depressed and unstable' local man on medication who had 'romantic problems'.

Dramatic pictures show the suspect holding his hands in the air after emerging from the post office as armed police point their weapons at him.

He is made to kneel on the ground as officers move in to handcuff him, all the time aiming their guns at his head. The hostages escaped unharmed.

Some 80 heavily armed RAID polices commandos arrived within minutes and surrounded the post office, where the man was said to be holding at least two hostages

But after about an hour he gave himself up and turned out to be a man who 'is known to police and who is on medication for psychiatric problems,' said a local police source.

Police had surrounded the post office in Colombes, around seven miles from the centre of the French capital after reports that he 'heavily armed'.

Read more: http://www.dailymail.co.uk/news/article-2913242/BREAKING-NEWS-New-Paris-hostage-terror-Gunman-claiming-armed-grenades-Kalashnikov-takes-two-people-captive-post-office.html

Man shot dead by airport police in Ohio had knives taped to his legs and may have been plotting to hijack a plane, police say

  • Hashim Hanif Ibn Abdul-Rasheed had knives, a gas mask, other masks, computers, cameras and cell phones in his illegally-parked SUV, police say
  • He taped two knives to his legs and tried to buy ticket with a woman's ID
  • Columbus officers confronted him as he returned to car from the ticket desk
  • They fired multiple shots after he advanced with a knife on January 7
By Associated Press


A man fatally shot by police outside an airport had two knives taped to the insides of his legs and his behavior was 'consistent with someone who intended to hijack an aircraft,' a detective's court filing says.

Hashim Hanif Ibn Abdul-Rasheed had two 'lock-blade style' knives beneath his trousers and tried to buy an airline ticket using a woman's ID, according to the counterterrorism unit in Columbus, Ohio.

Further investigation found he had more knives, a gas mask, other masks, computers, cameras and cellphones in his illegally parked SUV, the statement said.

The statement was filed this week as investigators got a search warrant to review data on a cellphone linked to the case.

Police said airport officers confronted Abdul-Rasheed after he returned to the vehicle outside Port Columbus International Airport on January 7.

They repeatedly fired at him after he moved toward one officer with a knife.

The local police union leader said a bomb squad also found containers of frozen urine in the vehicle, an unexplained twist not mentioned in the detective's court filing.

Abdul-Rasheed, of suburban Columbus, had a court-documented history of mental illness.

After he tried to kill his mother in 1999, a court found him not guilty by reason of insanity and determined he was mentally ill and subject to involuntary hospitalization, Cuyahoga County court records show.

Read more: http://www.dailymail.co.uk/news/article-2912185/Man-shot-Ohio-airport-police-knives-taped-legs.html

Even Dr M wants to know where is 1MDB’s Caymans fund

  Former prime minister Tun Dr Mahathir Mohamad has joined the likes of opposition party DAP in questioning the whereabouts of 1Malaysia Development Berhad’s Caymans fund. – The Malaysian Insider file pic, January 16, 2015.Tun Dr Mahathir Mohamad has joined others to question the whereabouts of 1Malaysia Development Berhad’s (1MDB) money kept in the Caymans, adding that the explanation offered by the Malaysian strategic investor was "shallow".

Newly minted 1MDB chief Arul Kanda Kandasamy recently announced that the US$2.318 billion (RM8.24 billion) Caymans funds have been fully redeemed.

But Mahathir, in an exclusive interview with online news portal Sarawak Report, echoed the concerns raised by opposition party DAP on the fund which is in excess of RM8 billion.

“The explanation does not enlighten us on anything. I want to know which bank it’s kept in now.

"A billion dollars. You must keep it somewhere, you see. I don’t know where the money is. That is part of transparency," the former prime minister said.

The report said Mahathir invited the editor of Sarawak Report to his Perdana Leadership Foundation office in Putrajaya to speak about environmental and human rights issues in Sarawak.

But, he started discussing 1MDB and corruption during the interview, adding that he was not convinced the money had been fully repaid.

Dr Mahathir also questioned the creation and management of the fund.

“They [the managers] came to see me. But they couldn’t explain how the money was raised and why the power plants were bought at such high prices and the commission that was paid to Goldman Sachs,” he added.

The news portal also reported that Dr Mahathir had inside information that raised serious questions over 1MDB's integrity, despite the fund appearing to have plugged the most controversial gap in its accounts.

He told The Sarawak Report that he did not think it was necessary to have such a fund in the first place.

"That’s my difference with the government. I don’t think that it is necessary for us to have a fund like this.

"We are doing well enough without a fund… in the first place they got the money to lend to the Saudis and they put it in hedge funds.

“The government should not be gambling money in hedge funds”, Dr Mahathir added.

He also acknowledged the lack of transparency in the way Malaysia's public finances are managed, which he said led to scandals, where there was little or no outside scrutiny of 1MDB.

He agreed that there was a need for greater transparency to prevent mismanagement of such funds.

DAP's national publicity secretary Tony Pua said 1MDB chief Arul had not explained what he meant that the fund parked in the Caymans had been redeemed in full.

He also urged the new chief to confirm the actual amount received in cash by the company.

Arul said on Tuesday that 1MDB had redeemed the funds it had invested in a Cayman Islands registered fund.

Pua, however, noted that the statement came soon after Arul said in an email interview with The Malaysian Insider that more time was needed to repatriate the funds because of the "size and nature" of the investment.

The strategic investment fund, the brainchild of Prime Minister Datuk Seri Najib Razak and owned by the government, was to have brought back its Cayman funds before the end of November as agreed with its auditors, Deloitte Malaysia.

Pua previously questioned if 1MDB had misled Deloitte over the timeline of the repatriation of the funds because of the delay.

He said with the lack of details, Arul would be doing himself "great injustice if he doesn't wipe the slate clean and increase transparency to rescue and rebuild the troubled company". – January 16, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/now-dr-m-wants-to-know-where-is-1mdbs-caymans-fund#sthash.w7DyaxDY.dpuf

Cops quiz MP over 'Islamic civilisation' subject

 
DAP’s Kampar MP Ko Chung Sen was called in for questioning at the Bukit Aman federal police headquarters today on his statement on teaching Islamic civilisation in universities, which is being investigated under the Sedition Act.

Ko was accompanied by his lawyer Gobind Singh Deo, who told  Malaysiakini afterwards that Inspector-General of Police Khalid Abu Bakar had sensationalised the issue.

"There is really nothing there. We will fight against the prosecution of Ko," added Gobind, who is also the MP for Puchong.

Last Saturday, Khalid uploaded two photographs on his Twitter account and said these matters needed to be investigated under the Sedition Act.

One was about Ko (right), and the other concerned lawyer Eric Paulsen's tweet that the Islamic Development Department (Jakim) was promoting extremism through Friday sermons.

Paulsen was detained on Monday and remanded for 48 hours.

Ko said of the IGP's tweet that his photo had been edited with the words "Hapus subjek Tamadun Islam. Ini hak kami! Kami bayar cukai” included (Abolish Islamic civilisation subject. It is our right. We are taxpayers).

He also expressed disappointment that Khalid had announced the investigation based on a cybertrooper website.

Malaysiakini stated that the picture, which was credited to the portal, was taken at a press conference.

This was at a press conference held by Ko at the Parliament lobby to question the Education Ministry for making the subject compulsory for all private universities.

Meanwhile, when reached this evening, Ko said that there was nothing seditious about the statement he issued at the Parliament lobby and he believes this is an open secret.

"I do not think there is anything in it (the statement). It was an open statement made in Parliament," he said of the press conference that was held two years ago.

However, Ko blamed Khalid (right)  for propagating the issue and added that the investigation for sedition was started after Khalid’s tweet.

"There was nothing before the IGP tweeted. After his tweet on Jan 10, that is when I got called in for an investigation," Ko lamented.

Ko is being investigated under Section 4 of the Sedition Act.

Gov't may take Sirul matter to Aussie court

Malaysia may register a case with the Australian courts if the latter refuses to extradite former police commando Sirul Azhar Umno, who is facing a death sentence here.

Deputy Home Minister Wan Junaidi Tuanku Jaafar (left) said only the court has the power to decide if Sirul should be sent back or otherwise.

He added the matter would be discussed in detail with inspector-general of police Khalid Abu Bakar and attorney-general Abdul Gani Patail before deciding on the next course of action.

"As for now, the government via the police is still discussing with the Australian authorities to extradite Sirul," he was quoted as saying by Bernama.

Wan Junaidi was responding to reports that the Australian law dictates that those facing the death penalty in their home countries cannot be extradited.

Sirul (right) and another former special operations force personnel, Azilah Hadri, were found guilty of murdering Mongolian national Altantuya Shaariibuu nine years ago.

After the Federal Court verdict was delivered on Tuesday, reports surfaced that Sirul, 43, was in Australia and had been overseas for two months.

MP: Current photos needed

Meanwhile, Queen's Counsel Mark Trowell of Australia said that unless Malaysia undertakes not to execute him or commute his sentence to life imprisonment, Sirul would not be sent back.

He also acknowledged that the issued posed a diplomatic dilemma for both nations.

Trowell (left) said that Australian authorities would detain Sirul if found and hold him in a maximum security facility for those awaiting deportation.

In a related development, a DAP lawmaker said the IGP must assure that the photographs of Sirul and Azilah released to the media yesterday were not taken nearly a decade ago.

"The people must know how they look now in case they bump into them, and can help the police if Sirul sneaks back into the country," said Lim Lip Eng.

"It (current photographs) would also help Malaysians in Australia to alert the public and authorities there over the presence of a killer in their midst," he added.

Taking a potshot at Home Minister Ahmad Zahid Hamidi (right), the Segambut MP asked if the former would pen a letter to the Australian government to "inform and confirm" that Sirul is a wanted criminal and appeal that he be immediately extradited.

Zahid had recently courted controversy over a letter he wrote to the Federal Bureau of Investigations (FBI) regarding an alleged Malaysian gambling kingpin, who is facing court proceedings in the United States.

'Cops acted unlawfully in Chandran's death'

 
In a landmark ruling today, a coroner's court in Kuala Lumpur found the police to have acted unlawfully in not giving medicine and medical attention to detainee P Chandran, resulting in his death.

Sessions court judge Ahmad Bache, who sat as the coroner, said Chandran died in the police lock-up before 7.48am on Sept 10, 2012, but the police only noticed and reported it 12 hours later.

"The death of the deceased is due to a hypertensive heart disease and this is due to police not giving or allowing medicine related to his problem," the coroner said.

Ahmad said this could be seen from the CCTV recording from the police cell, which shows Chandran's lifeless body lying motionless alone at 7:48am that day, but the police only officially made the report on the death at 7pm.

He said Chandran had acted not normal while in the process of being remanded further on Sept 9, 2012, where he is seen to be babbling and shouting, resulting in the magistrate that day ordering the detainee to be referred to and given proper treatment at a hospital.

“Unfortunately there was no action by the police to send him to the hospital,” the coroner added.

Chandran, who is from Simpang Renggam, was remanded at the Dang Wangi police station lock-up for four days before his death.

During that period, he was not allowed to take medication that his family members tried to give him, despite they even bribing police officers in Cheras to give him the medication

The 47-year-old was arrested following a police report lodged by an Indonesian woman who said her baby was abducted.

The woman had agreed to give the baby to Chandran's brother-in-law, who is a Muslim, after her birth hospital fees were paid by the adopting party.

Police acted negligently and inhumanely

In ruling negligence on the part of the police, Ahmad described the police actions as inhumane,. He said the evidence pointed towards this, and showed that the police were oblivious in not giving Chandran the required medication or giving him immediate medical attention.

“What was needed was to send Chandran to the hospital to get immediate treatment. In fact, for the duration of his detention, there was no humanity from the police, be it at the Cheras police district or the Dang Wangi lstation lock-up,” he said.

“His death could have been as early as 7:48am, but the report was made only at 7pm. Didn't they enter the cell to give food or drink for lunch and tea,” Ahmad asked, adding that the court is of the view that there could be better supervision of the police cell by the patroller and those manning the CCTV.

This could have avoided the loss of Chandran's life, the coroner added in his 16-page finding.

Two detainees had alerted the police that Chandran required immediate medical attention, but the investigating officer merely replied “he did not think of sending the suspect to the hospital”.

To make matters worse, Chandran's brother, Rahiman Abdul Rashid, who adopted the baby, was also held in the same police station and he is a diabetic requiring dialysis three times a week.

“The court makes a finding of fact that Rahiman did not undergo any dialysis treatment as required. This shows that the police do not care about the welfare of detainees who are sick or to ensure they get treatment,” Ahmad said.

Chandran’s case marks the first time that a sessions court judge in Kuala Lumpur has acted as a coroner, a role previously limited to magistrate.

This follows a practice directive by Chief Justice Arifin Zakaria that inquests by a coroner should handled by sessions court judges and not by magistrates.

'Finding a gold standard for the judiciary'

Chandran's family lawyer, M Visvanathan, thanked Ahmad in open court for making the independent finding and hoped that this would be “a gold standard for future inquest cases in allowing the full participation of the family lawyer as well”.

Visvanathan (left, in suit) added, “We are moved by the decision in allowing the family to participate in the inquest and the decision today augurs well for the people's confidence in the administration of justice.”

Bar Council Human Rights committee lawyer N Yohendra said the Bar Council views this development seriously and hopes there is no recurrence of deaths in custody.

Visvanathan also said that following the coroner's finding, the family would decide on whether to file a suit against the police and government.

He said Chandran has six children, four of whom are still schooling, and that he was arrested merely for helping his brother get a baby after the brother agreed to settle the Indonesian women's medical fee.

Coroner iAhmad also noted in his findings that the Indonesian woman had an affair with a Bangladeshi national who worked at a construction project in Cheras.

She became pregnant and when she was in labour, Chandran's friend N Navintharan offered to help and bring her to the hospital, where he stood as guarantor for the hospital bills.

“However, after the failure of the woman and the Bangladeshi boyfriend to pay the hospital bill, Chandran offered to help by contacting Rahimin to pay the fees. Rahimin had no children after 25 years' of marriage,” the coroner said.

Chandran's death created headlines with current PAS Youth chief Suhaizan Kaiat announcing that the family was demanding an investigation into the circumstances surrounding his death.

Don't play fiddle as Zahid burns Rome, PM told

An opposition leader has called on Prime Minister Najib Abdul Razak to step in and clear the mess created by his home minister over alleged kingpin Paul Phua.

"Malaysia's reputation has been sullied enough by Ahmad Zahid Hamidi's letter to the Federal Bureau of Investigations (FBI)," said DAP parliamentary leader Lim Kit Siang in a statement today.

If the prime minister fails to act, the veteran politician said Najib would be no different from "Nero playing the fiddle while Rome burns".

Lim was far from convinced by Zahid's explanation yesterday on the reason for penning the letter regarding Phua, the Malaysian facing illegal gambling charges in Las Vegas, USA.

"Zahid is being brazen and blatant in demanding that everybody act as gullible fools to accept his version that his infamous letter to the FBI was merely intended to clarify that Phua was not a member of the 14K triad 'in Malaysia' and nothing more," he said.

The Gelang Patah MP also cast aspersions on the minister's claim that the cabinet at its meeting on Wednesday was "satisfied with his explanation on the matter".

"I do not believe that our cabinet ministers suffer from comprehension problems or they will not have risen to their present pinnacle of political power in government.

"For reasons best known to themselves, they prefer to appear to be gullible fools, but this is no compliment on their political purpose and integrity that they could be cowed into obediently accepting Zahid's outrageous explanation, knowing in their heart of hearts that Zahid was not speaking the truth," he said.

OSA even to gov't?

Lim doubted that there would be a single minister who would be prepared to state openly and publicly that he or she truly believes the home minister's version.

He said Zahid should not expect Malaysians to react in the same manner as his cabinet colleagues.

"Zahid must not take Malaysia as a nation of fools even if he can achieve a cabinet of fools with ministers obediently accepting his outrageous take," he added.

Lim also questioned if Zahid had informed the cabinet regarding the nature of the "national security projects" that the minister had told the FBI Phua was assisting the government in. 

"If not, how could the ministers accept Zahid's explanation?

"If yes, every minister is now not only collectively but personally responsible for Zahid's infamous letter.

"This must also be the first time in the nation's history where the home minister is using the Official Secrets Act (OSA) to keep secret, not only from the public, but the police and inspector-general of police, the nature of the 'national security projects'," he added.

‘Past home ministers must clarify’

Lim also noted that Zahid had made a startling revelation to justify his actions, claiming that previous home ministers before him had also written such clarification letters.

He therefore urged those who have held the post before to speak up and set the record straight.

"Is this true, that previous home ministers also unilaterally wrote to the FBI, without the knowledge of the police or the IGP at the time, contradicting police reports to the FBI, as well as without the knowledge or clearance from the Foreign Ministry?

"If this was the case, then the ministers of the past had been even more indisciplined, wild and arbitrary than the Malaysian public had ever dared to imagine," he added.

Lim said what was most significant about Zahid's press conference yesterday was that the minister ended it abruptly before the media could ask any questions for clarification.

"It is a powerful testimony that Zahid himself knew that he was defending the indefensible, and he did not want to expose himself to the multitude of questions of the waiting reporters," he said.

MACC confirms receiving info on 1MDB

MACC will call Umno Batu Kawan Deputy Chief Khairuddin Abu Hassan to obtain additional information before deciding whether to act on 1MDB.

FMT


KUALA LUMPUR: The Malaysian Anti Corruption Commission (MACC), in a reference to media reports, confirmed in a statement that it had received information on 1Malaysia Development Berhad (1MDB) from Umno Batu Kawan Deputy Chief Khairuddin Abu Hassan.

“The information received is the same as contained in a police report lodged by him on the company,” said Mohd Shukri Abdull, MACC Deputy Chief Commissioner (Operations), in the statement.

“MACC will call Khairuddin to obtain additional information before making a decision whether there’s any basis to launch an investigation under the MACC Act 2009.”

MACC pledged to act transparently and professionally on 1MDB under the MACC Act 2009.

Khairuddin lodged the police report on December 12 last year. He has since said in a statement that he’s thinking of leaving Umno.

1MDB, the sovereign wealth fund, has been dogged by controversy over several of its investments abroad which have reportedly gone sour. It has also missed debt repayment schedules several times.

New 1MDB Chief Arul Kanda, in a statement inviting critics to a dialogue, said most of the statements on the company in the media were purely speculative with little regard for the facts and the actual situation.

Saiful seeks to amend suit against Anwar

As he pursues his RM50m claim for damages, he wants to give the exact defamatory words that Anwar allegedly uttered.

FMT

KUALA LUMPUR: Former Anwar Ibrahim aide Mohd Saiful Bukhari Azlan today filed an application at the High Court seeking to amend the statement of claim in his RM50 million suit against the Opposition Leader.

Saiful’s lawyer Zamri Idrus said his client applied this morning to provide the exact defamatory words Anwar allegedly uttered at a press conference. The press conference was regarding Saiful’s allegation that Anwar had sodomised him.

Speaking to reporters after case management in the chambers of judicial commissioner Azizul Azmi Adnan, Zamri said a copy of the application had been served on Anwar.

Bernama reported that Anwar’s counsel Shahid Adli Kamarudin had confirmed receiving a copy of the application.

“I will seek instructions from my client whether to object against the amendment of the application,” Shahid said.

The court will proceed with further case management on January 23.

Anwar is awaiting a Federal Court verdict on his appeal against his conviction on the charge of sodomising Saiful.

In his suit, Saiful alleges that Anwar uttered a series of defamatory statements against him after the alleged incident. He says Anwar accused him of lodging a false police report of the sodomy and had thereby destroyed his reputation and damaged his sense of self-worth.

How about Najib hugging female athletes?

Blogger Shahbudin Husin battles with the Cheras Umno chief over Rosmah Mansor.

FMT

PETALING JAYA: It looks like a blogging war has started between Cheras Umno chief Syed Ali al-Habshee and former Federal Territory Umno official Shahbudin Husin, and the battleground is Rosmah Mansor.

In his blog entry yesterday, Syed Ali chastised Shahbudin for challenging the Federal Territory Islamic Department (Jawi) to take action against Rosmah for hugging badminton ace Lee Chong Wei. He said Rosmah did nothing wrong because she held the status of a mother to all Malaysians.

Shahbudin shoots back today by asking Syed Ali whether he would also condone Prime Minister Najib Abdul Razak hugging female athletes such as squash star Nicol David in his role as father to Malaysians.

He reminds Syed Ali that in his posting yesterday he also referred to the incident in which Rosmah “rubbed cheeks” with Bollywood star Arjun Rampal.

In the case of the incident with Chong Wei, he says, it was in fact not a light hug.

Shahbudin alleges that Rosmah has not shown any keenness to “embrace or rub cheeks” with women athletes or entertainers.

“It looks as if Syed Ali has a certain agenda in defending the Prime Minister’s wife and is trying to hide other wrongs committed by Rosmah,” he says.

“As a mature person and one descended from the Prophet, Syed Ali should show more wisdom when it comes to the law against physical contact between unrelated men and women and not make it all right just because it involves the Prime Minister’s wife.”

Why bully only me, not MCA too, asks Lim

Penang CM claims he is being subjected to politically motivated and selective prosecution over his comments on the Allah issue.

FMT

GEORGE TOWN: A day after claiming that the Barisan Nasional-controlled media was trying to target him by attacking his wife, Penang Chief Minister Lim Guan Eng claimed he was being bullied by the on-going police investigation on the “Allah” statement he made last month.

Lim also claimed he was being subjected to politically motivated and selective prosecution, and not one based on the rule of law or justice.

“Clearly they are bullying me. They felt bullying the Penang Chief Minister was easier than (bullying) MCA,” Lim, the DAP secretary-general, told newsmen during an event here today.

He argued that if he was to be probed over the Allah issue, then the police should also investigate MCA for suggesting he repeal the Penang State Islamic Religious Administration Enactment 2004, something his state government would never agree to do.

“This is worse because it means the state Islamic religious council must be abolished,” he said, adding that all he had ever stated was that an Islamic fatwa was only applicable to Muslims, and did not concern non-Muslims in his state.

“Why was MCA not probed. Why only me?” asked Lim.

He was responding to a statement by Deputy Home Minister Wan Junaidi Tuanku Jaafar yesterday that police would investigate and record Lim’s statement on the “Allah” issue if and when needed as the legal process would take time to be completed.

Wan Junaidi also said Lim, like all others, was not above the law.

In December last year, Lim triggered a controversy when he reportedly said that non-Muslims in Penang were free to use the word Allah.

A list of 40 words, including Allah, Solat, Ulama, Soleh, Mufti, Iman, Surau and Nabi, were decreed as exclusive to Muslims by the Penang Mufti and enforced in 2010, under the Pakatan Rakyat administration, under sub-section 48(3) and (4) of the Enactment 2004.

Lim’s interpretation of the ban drew flak from various Muslim quarters, especially Umno and Perkasa, while non-Muslim groups backed him.

Several police reports were also lodged by various parties against Lim claiming that the chief minister’s statement was seditious and an insult to Muslims while demanding that swift action be taken against him for sedition.

Yesterday Lim denounced BN-linked media organisations for their reports about his wife being appointed to a position in the Penang Chinese Chamber of Commerce (PCCC).

He said they were bankrupt of ideas and overplaying a non-issue since his wife, Betty Chew had rejected the appointment.

He accused them of making indirect attacks at him by targeting his family.

“Previously it was my son. Now it’s my wife. Will they go after my mother next?” he asked.

Penahanan Paulsen dan Kerajaan Yang Paranoia


Penahanan Paulsen dan Kerajaan Yang Paranoia

Perbezaan pendapat dan idea awam adalah aspek yang penting di dalam sebuah demokrasi yang berkembang. Tatkala kebebasan bersuara tidak bersifat mutlak, kedaulatan undang-undang harus bersifat luhur dan setiap pihak berwajib mesti memelihara prinsip demokrasi berparlimen secara tersurat mahu tersirat. Kegagalan perkara ini dijamin, mendorong sebuah Negara menghadapi risiko yang parah.

Justeru, penahanan sewenang-wenang, pendakwaan terpilih dan penghakiman mahkamah yang tersasar nyata sekali bercanggah dengan doktrin ini dan sekaligus mencalar maruah rakyat. Pelanggaran seumpama ini bukan sesuatu yang remeh dalam praktis tatakekola tetapi pasti dilihat sebagai jenayah terbesar ke atas rakyat sebuah Negara yang bertamadun, yang seharusnya berbangga dengan sebuah perlembagaan yang menjamin kebebasan asasi agar dilindungi melalui kedaulatan undang-undang.

Pelanggaran terkini dapat dirujuk kepada penahanan Eric Paulsen pada malam Isnin dan reman selama dua hari berikutan ‘tweet’ beliau menuduh JAKIM (Jabatan Kemajuan Agama Islam Malaysia) mempromosikan keganasan melalui khutbah Jumaat. Penahanan termasuklah kaedah beliau ditahan adalah manifestasi jelas betapa kedaulatan undang-undang diperlekeh dan kerajaan berada dalam keadaan paranoia.

Apa lagi yang boleh diperkatakan dengan pengerahan satu platun dengan 20 pegawai polis hanya untuk menahan seorang individu tanpa mempertimbangkan bahawa individu tersebut adalah seorang peguam hak asasi ternama? Jika tindakan zalim tersebut hanya untuk mempamerkan tekanan secara terang-terangan, ia telah berjaya membuktikan wujudnya ketidakseimbangan antara kekuasaan dan rakyat bawahan. Di mata sang penguasa zalim, kebebasan asasi sering diketepikan. ‘Tweet’ seseorang berupaya menjadi bisa kepada orang lain.

Memandangkan beliau tidak didakwa, masih samar atas kesalahan apakah Eric Paulsen akan disabitkan tetapi memandangkan Ketua Polis Negara sendiri telah menyatakan melalui ‘tweet’ beliau bahawa Paulsen disiasat di bawah Akta Hasutan, peninggalan lapuk era kolonial British. Tidak lama selepas mengambil alih tampuk pemerintahan, Perdana Menteri Dato’ Sri Najib tidak lama selepas mengambil alih jawatan, PM Dato ‘Sri Najib berikrar di atas altar demokratik bahawa beliau akan menghapuskan undang-undang lapuk ini, sayangnya bukan sekadar beliau mengingkar janji, mezbah reformasi demokratik bahawa dia akan menghapuskan sekeping undang-undang ini tetapi bukan sahaja telah beliau mengingkari janji ini, beliau telah melangkaui pemimpin terdahulu dengan mengubah undang-undang tersebut menjadi “sejata pendakwaan” demi mengekang pimpinan pembangkang dan sekalian yang kritikal ke atas pemerintah.

Selain daripada lompongnya kedaulatan undang-undang, reaksi berlebihan ke atas tweet Paulsen juga melambangkan maraknya sikap tidak bertoleransi terhadap agama yang hadir untuk memasung Negara kita yang berbilang bangsa dan agama. Melalui penyemarakan api perkauman melalui syak wasangka, kebencian dan permusuhan menjadi pertaruahan kalangan mereka yang berada di bawah politik naungan. Ramai yang telah terjun ke kancah pertelagahan dengan menggesa tindakan ke atas Paulsen secara tegas atas pendirian mempertahankan maruah umat Islam. Sementelahan ia dilihat hipokrit dan melucukan tatkala kalangan mereka yang teruja ini kononnya maruah mereka tercalar, adalah mereka yang juga terkenal dengan lontaran penghinaan bersifat perkauman dan ancaman keganasan.

Islam telah wujud lebih daripada 1500 tahun tanpa kalangan mereka yang menggelar diri sendiri sebagai pembela keimanan. Sudah pasti Islam mampu bertahan ribuan tahun malah selamanya tanpa mereka. Islam mendorong toleransi dan persefahaman, tatkala mereka mengamalkan permusuhan dan ketaksuban. Islam menyantuni dakwah da perdamaian, tatkala mereka menggesa perselisihan dan perseteruan. Kedua-dua ini, tidak mungkin bersatu.

Bagi sesetengah pihak, ‘tweet’ Eric Paulsen dilihat melangkaui batasan dan khilaf. Bagi sesetengah pihak yang lain, ia mungkin dilihat kritikan yang berasas. Dalam apa jua keadaan, JAKIM tidak sinonim dengan Islam. Sebagai sebuah agensi di bawah Jabatan Perdana Menteri yang dianggotai oleh manusia biasa, JAKIM tidak sempurna sepenuhnya. Untuk menyatakan bahawa kritikan ke atas JAKIM harus ditafsir sebagai serangan ke atas Islam adalah kemuncak keberanian yang nyata satu penghinaan ke atas Islam itu sendiri.

Hatta jika Paulsen tidak menyebut JAKIM melalui ‘tweet’ beliau, hakikatnya umat Islam di Negara ini tahu betapa khutbah Jumaat yang disampaikan mempunyai kecenderungan politik dan campur tangan pihak tertentu. Namun menjadi pengetahuan umum bahawa khutbah yang diselaras JAKIM telah beberapa kali melakukan serangan yang tidak munasabah meskipun pelik dan serong, ke atas pembangkang dan pimpinan pembangkang. Menyeru kesederhanaan dan persefahaman kalangan komuniti dan kumpulan agama yang pelbagai di Negara ini tidak menjadi amalan JAKIM. Tetapi di saat mereka melaksanakan perkara tersebut, saya telah menjadi antara yang pertama memuji mereka keranan melakukan perkara yang benar – sebagaimana yang telah saya lakukan dalam satu majlis tahun lepas atas khutbah yang menginspirasikan perihal keperluan komuniti yang pelbagai untuk mendekati dan mengenali antara satu sama lain.

Untuk melabel bahawa Islam bukanlah agama yang ekstrem tetapi dalam masa yang sama menggesa tindakan tegas ke atas Paulsen atas ‘tweet’ beliau merupakan satu kontradiksi. Hanya mengisytiharkan “Islam adalah agama yang paling sederhana” tidak mencukupi. Kita mesti melaksanakannya. Kendatipun khutbah Jumaat turut menyentuh perihal masyarakat dan kemanusiaan dan jika – sebagaimana didakwa sesetengah pihak – ini tidak disedari Paulsen, maka menjadi kewajiban umat Islam untuk mencerahkan beliau mengenai perkara ini, bukan mengasak beliau dengan kekerasan undang-undang.

ANWAR IBRAHIM

Review whistleblower Act, says Bar Council

By Benedict Ng (benng@mmail.com.my)

PETALING JAYA – The Malaysian Bar Council has called for a review of the Whistleblower Protection Act 2010 because it is not achieving its goals.

Vice-president Steven Thiruneelakandan said Section 6(1) of the Act does not allow disclosure of information specifically prohibited by any written law.

“What is ‘prohibited by any written law’ includes disclosure of information protected under the Official Secrets Act 1972 and the Banking and Financial Institutions Act 1989 (Bafia),” he said.

“This prohibition should be lifted to encourage whistleblowers to come forward and disclose information on improprieties without fear of facing criminal sanctions.”

He said the Act should also provide disclosure to independent bodies such as the Human Rights Commission of Malaysia (Suhakam) as there is no such provision at present.

“The Act does not achieve the desired level of protection for whistleblowers and it is not as effective as it should be in promoting the disclosure of wrongdoings,” he said.

Steven felt the court martial of Mej Zaidi Ahmad for bringing to light the inefficacy of indelible ink during elections last year was unacceptable.

“The allegation suggests a pre-determination of the case against Mej Zaidi and is a breach of procedural fairness,” he said.

“The court martial had proceeded in haste and had compromised the integrity of its proceedings.”

Transparency International Malaysia (TI-M) president Datuk Akhbar Satar said the Act did not protect whistleblowers.

He said if individuals were to release statements on improper conduct to the public or press, the Act would automatically be not applicable.

“The said law requires the whistleblowers to only report directly to the designated agencies to be protected,” he said.

“One may file a report with the Malaysian Anti-Corruption Commission (MACC) to investigate before proceeding further.”

Akhbar said if Mej Zaidi had followed standard operating procedures and filed a report with the MACC, he would not have been prosecuted.

In 2010, the Whistleblower Protection Act 2010 came into effect on Dec 15 to curb corruption and encourage informers to expose corrupt practises and other misconducts.

It was also formulated to provide immunity to informers from civil or criminal charges if applied accordingly.

Malaysian Bar denounces Eric Paulsen's arrest as abuse of Sedition Act

The Sun Daily 

PETALING JAYA: The Malaysian Bar today said it is perturbed by the arrest of Lawyers for Liberty executive director and co-founder Eric Paulsen under the Sedition Act 1948, for reportedly having tweeted that "Jakim is promoting extremism every Friday".

Its president Christopher Leong said Eric Paulsen's arrest is the latest case in the unabated use of the Sedition Act 1948.

He said it would appear that Jakim is a reference to Jabatan Kemajuan Islam Malaysia, which is a Federal government authority or agency.

"A comment, including an adverse one, directed at such an agency cannot be construed as an insult to the religion. There does not appear to be anything in the tweet or comment reportedly made by Eric Paulsen that insults Islam as alleged," he said in a statement.

"It must be emphasised that an allegedly adverse statement directed at a government authority or agency, such as Jakim, should never be criminalised. A government authority or agency is not beyond public scrutiny or comment, nor can it be immune from criticism. This is part and parcel of the nature of accountability of public authorities in democratic societies.," said Leong.

Further, he added as in a previous case concerning alleged comments regarding the burning of Bibles, the authorities should be consistent in the application of the law.

"If the authorities were to be consistent, the context of the tweet or comment and the intention of the maker should therefore be taken into account. In its ordinary and natural meaning, the tweet was an expression of concern directed at the Government to look into the actions of a government agency. Whether the concern as expressed is borne out is a matter for enquiry and rebuttal. There cannot be anything seditious about such comments," he said.

He said it was also disconcerting and worrying to note that the Inspector General of Police had, in his tweets, reportedly described Eric Paulsen as "biadap" (meaning rude), "angkuh" (meaning arrogant), as well as "… ingat dia akan berjaya menghasut Rakyat Malaysia supaya menghancurkan semangat mesyarakat 1M'sia kita".

"This does not accord with the level of professionalism expected of the police, who are obliged to conduct an independent, neutral and objective investigation of the matter without any personal views or preconception," pointed out Leong.

This case, he said, is another example of the disadvantage to nation-building that is presented by laws such as the Sedition Act 1948.

"It seeks to cow, intimidate and punish because there are people who may be offended or angered by what is said. The Sedition Act 1948 encourages people who threaten violence, and who are not open to adverse comments or ideas. It endorses and nurtures a culture of aggression, intemperance and intolerance that does not engender the growth and maturity of this nation and its peoples, and provides an environment for extremism to thrive. Instead of fostering moderation and understanding, or safeguarding national harmony, the effect of the Sedition Act 1948 is to ensure that people perpetually walk on eggshells," he added.

The Malaysian Bar has called on the authorities to cease their use of the Sedition Act 1948, and to recognise the right to freedom of speech and expression.

Leong said the authorities must not use an abhorrent piece of legislation to protect themselves from fair comment and criticism.

MOT To Conduct In-depth Probe Into Tour Bus Accident


Datuk Seri Dr Liow Tiong Lai
KUALA LUMPUR, Jan 16 (Bernama) -- The Ministry of Transport (MOT) will be conducting an in-depth probe into the tour bus accident, which claimed eight lives, on the North-South Expressway (PLUS) Thursday.

Its minister, Datuk Seri Liow Tiong Lai, said the ministry would also seek the cooperation from several agencies in the investigations.

"Among them, we have directed the Malaysian Institute of Road Safety Research (Miros) director-general (Prof Dr Wong Shaw Voon) to go to the location to investigate the cause of the accident," Liow, who is also MCA president, told reporters after chairing the party's Central Committee Meeting here, Friday.

He said firm action would be taken against those responsible for the accident upon completion of the investigation.

The accident was believed to have occurred when the tour bus carrying 30 passengers from Kuala Kurau and Parit Buntar, Perak to Genting Highlands, tried to avoid a lorry tyre in the middle of the highway before skidding into a ravine and caught fire at Kilometre 326.3 of PLUS highway southbound near the Tapah toll station at 1.15 am Thursday.

In another development, Liow said MCA's annual Chinese New Year open house at Wisma MCA in Jalan Ampang here would be held on Feb 19 from 9 am.

He said the event would also be attended by Prime Minister Datuk Seri Najib Tun Razak and his deputy Tan Sri Muhyiddin Yassin.

"Leaders of Barisan Nasional component parties will also be joining in the celebration to welcome the Year of the Goat, along with members of the public," he said, adding that the party would also be celebrating its 66th anniversary on March 15.

Meanwhile, MCA deputy president, Datuk Dr Wee Ka Siong said the party had so far distributed RM1.8 million worth of relief aid to victims in flood affected states.

He said the relief aid consisted of more than 1,000 tonnes of food supply and items such as mattresses, blankets, clothes and school necessities.

-- BERNAMA