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State education, local government, housing and public transport committee chairman Nga Kor Ming said today the federal government's move would impose an additional financial burden on the people because it would privatise most of the services now carried out by the local councils. |
Wednesday, 5 November 2008
PR-led states to unite on waste management
IPOH (Nov 4, 2008) : The five Pakatan Rakyat-led state governments in Perak, Penang, Selangor, Kedah and Kelantan are likely to take a united stand against the federal government’s move to implement the Solid Waste and Public Cleansing Management Act 2007 through three concessionaire companies nationwide by year-end.
Opposition MPs stage walkout
Parlimen Malaysia merupakan salah satu tiang seri utama kepada institusi demokrasi di Malaysia. Dewan Rakyat dan Dewan Negara adalah pentas bagi wakil-wakil yang dipilih untuk menyuarakan hasrat hati serta menjaga kepentingan rakyat keseluruhannya. Di atas semangat inilah Parlimen bukan sekadar bongkah batu kosong, akan tetapi kukuh terbina sebagai sebuah institusi.
Oleh itu menjadi tanggungjawab ahli-ahli dua dewan perundangan tersebut untuk memastikan kepentingan rakyat dan negara menjadi pertimbangan utama, bukannya kepentingan politik kepartian.
Hari ini ahli-ahli Parlimen Pakatan Rakyat mengambil keputusan untuk keluar dari Dewan yang mulia sewaktu Menteri Kewangan menggulung perbahasan belanjawan 2009. Tindakan ini terpaksa diambil kerana YB Menteri secara jelas bertindak di luar dari batasan semangat Parlimen Malaysia.
Selaku Menteri Kewangan dan Timbalan Perdana Menteri, Datuk Seri Najib Razak sudah tentu sedar ucapan penggulungan beliau akan memberi kesan kepada negara, justeru amat penting ucapan tersebut dibahaskan dengan teliti oleh Ahli-Ahli Dewan Rakyat.
Namun, keengganan YB Menteri Kewangan untuk membenarkan sebarang celahan, pertanyaan dan penjelasan sewaktu beliau menggulung perbahasan Belanjawan 2009 amat dikesali kerana beliau sanggup membelakangkan kepentingan umum. Satelah berulangkali menuntut jawapan, dan menunggu selama satu jam, Menteri Kewangan tetap berdegil dan enggan memberikan laluan.
Sejarah Parlimen Malaysia yang sudahpun menjangkau usia separuh abad, buat pertama kalinya, menyaksikan Menteri Kewangan enggan dan gagal melayani perbahasan belanjawan. Adalah malang sekiranya Dewan Rakyat yang menjadi tempat undang-undang dibentuk dan polisi nasional dibentangkan tidak lagi dihormati.
ANWAR IBRAHIM
Karpal: Razak can be re-arrested if prosecution appeals
PUTRAJAYA, Nov 3 — Political analyst Abdul Razak Baginda can be re-arrested and remanded pending the outcome should the prosecution appeal to the Court of Appeal against his acquittal, lawyer Karpal Singh said today.
Razak, the Malaysian Strategic Research Centre executive director, was charged with abetting two police commandos, Chief Insp Azilah Hadri, 32, and Corporal Sirul Azhar Umar, 36, in the murder of Mongolian Altantuya Shaariibuu.
Razak, 48, walked out a free man after Shah Alam High Court judge Datuk Mohd Zaki Md Yasin acquitted and discharged him without calling for his defence last Friday.
Karpal, who is holding a watching brief for Altantuya’s family, said the prosecution could make such an application under Section 56A of the Courts of Judicature Act 1964 to prevent Razak from absconding.
He said the provision allowed the prosecution to apply to the Court of Appeal to issue a warrant of arrest against Razak and remand him pending the disposal of the appeal.
Alternatively, the section allowed the prosecution to apply to the court to free Razak on bail pending the disposal of the appeal, he said.
Azilah and Sirul Azhar, both from Special Action Squad (UTK), were ordered to enter their defence on the charge of murdering the 28-year-old mother of two in Mukim Bukit Raja, Selangor, between 10pm on Oct 19, 2006 and 1am the following day.
They face the death sentence if convicted.
In ruling that the prosecution had failed to make out a prima facie case against Razak, the court accepted Razak’s affidavit containing exculpatory statements which it said negated and nullified the act of abetment as alleged against him.
Meanwhile, Altantuya’s father, Dr Shaariibuu Setev, has submitted a letter to Attorney-General Tan Sri Abdul Gani Patail urging him to appeal against Razak’s acquittal.
Karpal said he handed over the letter, on behalf of Shaariibuu, to Abdul Gani this afternoon.
He said he also faxed the letter to the Attorney-General’s Chambers on Friday. Under the law, the prosecution has 14 days to file the appeal to the Court of Appeal. The date ends on Nov 17.
In the letter, Karpal said that Shaariibuu and the second secretary of Mongolian embassy in Thailand, Siizkhuu Sainbileg, met him in the afternoon of the decision day, fervently requesting him to write a letter to Abdul Gani to file the appeal.
“We are of the view that a prima facie case had been made out against Abdul Razak Baginda and his defence ought to have been called. In view of the trial attracting national and international attention, we would be grateful if the notice of appeal could be filed as soon as possible,” he said in the letter.
- Bernama
Let me tell you, Rocky
In his post today entitled ‘How should a judge endear him/herself to the Bar?’ , Rocky associated with Azmi Anshar’s response to Robert Lazar’s “If Rocky really wants to know, the Tun never really endeared himself as a friend of the Bar pre-1988 ….” and reproduced in his post, the following excerpt from Azmi’s piece :
“But to “endear as a friend to the Bar”? How should Salleh endear himself to the Bar as a friend? Play golf with lawyers? Lunch or dinner together? Go for holidays together? Rule everything in favour of the lawyers of the Bar?”
Since you asked, let me tell you, Rocky.
The greater number of the 12,600++ lawyers at the Bar, most of whom are not tainted by any connections with UMNO or any BN politicians, wouldn’t know one end of a golf stick from the other.
Not that they wouldn’t like to take up the game. It’s just that they can’t afford it.
What most of them would not do, though, even if they could afford it, is to wine and dine with judges.
Holidays together?
Don’t insult all the lawyers and judges, Rocky! Not every judge is a Chin and every lawyer a Lingam whose slimy tentacles reach into every corrupted crevice in UMNO.
You know the sort I mean, Rocky.
Why, some lawyers can’t even afford a holiday with the family!
You think I fib?
Go on, ask the missus next time you see her.
Of course, some of these lawyers are the authors of their own circumstance, foolishly hanging on to ideals of a free and unshackled press, free speech and free expression and, for less than a peppercorn, defending the same in court. More on these lawyers in a forthcoming post.
Let me tell you how these lawyers would want a judge to endear himself / herself to the Bar.
Treat lawyers with the same courtesy that the judges themselves expect be shown to them, hear impartially and devoid of any bias, and decide according to the law, without fear or favour.
No more, no less.
Don’t get me wrong, Rocky.
I am not for one moment suggesting that everything is hunky dory with the Bar and the Bench.
Just as there are slimeballs amongst the journos, editors and bloggers in the media business and blogosphere, respectively, who would pawn their souls in exchange for position, power and the posh lifestyle, so too, sadly, in the Bar and on the Bench.
And we know who they are, don’t we, Rocky?-HarrisIbrahim
Catalyst For Change (Must Read)
NO HOLDS BARRED
Raja Petra Kamarudin
There are two types of changes: evolution and revolution. Evolution is the slow change. It normally takes years or generations. Revolutions are immediate, sometimes overnight or abrupt.
They say Malaysia can never see a revolution. This, they say, is because Malaysians are not revolutionary or violent. Well, yes and no. Malaysians may not be violent, at least the majority of Malaysians, but they can be revolutionary when they want to.
Revolutions should not be equated with killings and blood on the streets. You can have a paradigm shift, which is a revolution if done overnight, or a change of mentality, which would be a mental revolution.
Malaysia saw its revolution on 8th March, 2008. It is a revolution and nothing short of that. You can’t really call it anything else.
Revolutions are good, if it can be un-bloody. Bloody revolutions normally never end because there will always be the tendency for revenge. But when there is no other avenue and if a bloody revolution is needed then a bloody revolution it would have to be like in Indonesia and the Philippines who fought against the Dutch and Spanish respectively.
Malaysian at first were quite prepared to allow for an evolutionary change. In fact, they waited 50 years. Then, on the 51st year, they decided that the situation is getting from bad to worse and they can’t expect any improvements so they decided to go for a revolutionary change. And that is why Barisan Nasional did so badly on 8th March 2008.
This triggered other events. The Barisan Nasional component members realized that they too need to change or else suffer death and we began to see dissent in the ranks of MCA, Gerakan, and so on. Umno too is going through change, at least a change of leadership.
But Umno needs more than just a change of leadership. It also needs a change of attitude. It can no longer threaten “another May 13” or ask the “immigrants” to “go back to their own country” whenever they raise “sensitive issues”. Umno must realize that the Chinese, Indians, Ibans, Dayaks, Kadazan, Portuguese, Thai, etc. have as much rights as the Malays. They too have a stake in Malaysia. Did not Tun Dr. Mahathir say that 90% of the income tax is paid by the Chinese?
The fear is that Umno’s leadership change is just that and nothing more; Umno is not going to change its attitude or policies. And why should it? After all, it is not 26 million Malaysians or 11 million voters who decide the Umno presidency. It is 191 division leaders. 191 Malay Umno leaders decide who becomes the President of Umno and ultimately the Prime Minister of Malaysia.
So 26 million Malaysians do not matter. 11 million voters do not matter either. Only 191 division leaders matter. And what matters to these 191 division leaders is what counts.
And what do these 191 Umno division leaders want? They want Umno to continue to uphold Malay rights and special privileges and to defend the New Economic Policy “with the last drop of their blood”. And this is what the Umno President cum Malaysian Prime Minister will have to do if he wants to keep his job. If not then he will be pressured into resigning like what happened to Abdullah Ahmad Badawi.
The Prime Minister normally forgets that he is a prime minister of all Malaysians. Most times he thinks that he is the prime minister of just the Umno members – not even the prime minister of all Malays. And this is not going to change when Najib takes over from Pak Lah.
It is not that Najib does not know. It is just that he has no choice. It is not 26 million Malaysians or 11 million voters who gave him his job. It is the 191 division leaders. The 191 division leaders who nominated him and gave Tengku Razaleigh Hamzah only a single nomination. So he has to cater to their needs and not the needs of non-Umno Malays or the 11 million voters or 26 million Malaysians.
And this is why we need a prime minister from Pakatan Rakyat. We need a Malaysian prime minister, not an Umno division prime minister. And until Pakatan Rakyat takes over and as long as the prime minister is a man nominated by 191 Umno division that would be how long the prime minister will be an Umno prime minister and not a Malaysian prime minister.
But is this going to happen? Will we see a Pakatan Rakyat prime minister? And when will that be?
Yes, I think it will happen. And it may not be too long away, probably even before Christmas. The 8th March 2008 revolution has not ended. It is still continuing. It continued into the Permatang Pauh by-election. It will continue into the Kulim by-election if they dare declare that seat vacant – which was why they dropped the case. And the revolution will only end once the Umno prime minister has been kicked out of office.
The incoming Umno leadership is a Mathathir leadership. Mahathir announced at Hotel Singgahsana in Petaling Jaya that the new prime minister will be guided by a Presidential Council. Who will head this newly set up Presidential Council? Can the people accept the fact that Mahathir will be back in power and will be ruling by proxy? This will be the issue debated these next couple of weeks and which will have a bearing on a Pakatan Rakyat prime minister taking over.
I know many are no longer holding their breath. Most Malaysians have given up hope for Pakatan Rakyat taking over the federal government. Well, it may be too early to give up hope. If by Christmas it has not happened then maybe it’s time to get worried. Until then keep hoping and plan for this year’s Christmas to be the best Christmas in 51 years since Merdeka.
Unruly scenes unfold in video clip (Must Watch)
Is this what in the heart of UMNO led government, for sure in the future there is no place for non-Muslims in the country. They are not doing this with East- timor delegates but it is just peace of low class mentality that they want to show other. This country will appear as Pakistan , Sudan and Somalia one day.
Media Statement 4th November 2008
The UMNO led Malaysian Government in its attempt to silent the voice of HINDRAF had made this people's Civil Rights Movement an illegal movement.
The aspiration of HINDRAF has always been to address the grievances of the ethnic Malaysian Indians who are continuously marginalized and discriminated in every aspect of socio-economic in Malaysia.
PAS and other political groups as well as non partisan groups have voiced their dissent against the government's stance in declaring HINDRAF illegal as they truly understand that in reality, the Malaysian Indians are subjected to socio-economic imbalance due to unfair and unjust policies thus creating a new underclass society in Malaysia.
The voice of the underclass Malaysian Indians being a minority have never been heard before until HINDRAF came along to address the genuine grievances of this mass to be treated equally and fairly.
The UMNO led government instead of engaging us to listen to the public's grievances rather chose to silence us by fear and intimidation by unjust operation of law. This only creates further animosity amongst the Malaysian Indians toward the ruling government.
We welcome PAS's intention to act as mediator and negotiate on behalf of HINDRAF to lift the ban on HINDRAF.
Along with PAS, we would like to invite matured and seasoned politicians like Tun Musa Hitam, Dato Seri On Ka Ting and Datuk Seri Panglima Joseph Pairin Kitingan to participate together to act as mediator for HINDRAF in all fairness as we trust they are able understand the problems faced by the Malaysian Indians as a minority and maybe able to reach out to the UMNO led government in lifting the ban on HINDRAF.
If the government fails to engage HINDRAF through these mediators, it clearly shows that the UMNO led government is least interested in obstinate methods in further alienating the Malaysian Indian in every aspect of socio-economic development in Malaysia.
Thank you.
P. Waytha Moorthy
Tuesday, 4 November 2008
Family ties take root in Malaysian politics
Najib set to be PM like his late father. — Picture by Choo Choy May
Najib, the 55-year-old son of Malaysia's second premier and the nephew of the third, will take the helm in March at a time when this Asian nation of 27 million people grapples with economic problems and rising political and ethnic tensions.
News agency Reuters released a feature today, noting that another rising star of the party that has ruled Malaysia for all 51 years of its existence as a country is Datuk Mukhriz Mahathir, the son of its longest-serving prime minister, Tun Dr Mahathir Mohamad.
On the opposition benches in Parliament sits Nurul Izzah Anwar and her father, veteran politician Datuk Seri Anwar Ibrahim. Anwar is a former deputy premier who once looked set for the top job until he was kicked out of the ruling party and jailed on what he says were false charges.
"There is an Asian belief that political power can be passed on to the next generation through bloodline," said James Chin, political science professor at Monash University in Malaysia.
Critics say the sense that blood entitles a person to exercise power has generated corruption, stymied development and hampered good government.
More often than not, the progeny of political leaders fail to live up to the family name.
"If Malaysians or foreigners expect Najib to be like his father as PM, they will be greatly disappointed," said Abdullah Ahmad, a political author and a former aide to Najib's father.
Najib, who has a bachelor's degree in economics, will take over at a time when a re-energised opposition led by Anwar is seeking to gain power and when economic growth is skidding due to global financial turmoil.
Adding to his troubles, Najib will need to address Malaysia's failure to keep up with more nimble neighbours in the competitiveness and investment stakes.
Growth in Malaysia's export-oriented economy looks set to fall to 3.4 per cent next year, the lowest since 2001. The budget deficit has soared due to spending on fuel subsidies and national infrastructure projects, according to the Malaysian Institute for Economic Research, a leading think-tank.
"I pity Najib. He's taking over from the worst of times and from a man who messed things up," said Abdullah Ahmad, referring to the outgoing premier Datuk Seri Abdullah Ahmad Badawi.
Najib has been in Parliament since the tender age of 22 when he took over the seat of his father, who died in office. He has held posts in the sports, education and defence ministries and now holds the powerful finance portfolio.
His father Tun Abdul Razak Hussein designed Malaysia's race-based system which was supposed to help ethnic Malays climb the economic ladder and compete against the more entrepreneurial ethnic Chinese population. His uncle, Tun Hussein Onn is credited with forging unity among the races during his premiership.
Najib's family links run to the heart of politics and business; his cousin is education minister and his younger brother Nazir runs Malaysia's second-largest bank CIMB.
Najib's recent move on the top job has been marked by continued attacks on his integrity by the opposition and by Internet bloggers obsessed with a lurid murder trial that involved Najib's former aide. The aide was acquitted, but not before Najib had to issue statements denying involvement.
Many political observers believe Najib may simply owe too much to too many people to stake out a separate political identity.
"He (Najib) was coddled and helped all along, first by his uncle Hussein Onn and then by Mahathir, the man who owed a debt of gratitude to his father," said Zainon Ahmad, political editor of the local Sun newspaper.
"Only now I think Najib has to be on his own," he said.
When he took the reins of power in 2003, current prime minister Abdullah looked like a tonic for a country that had grown tired of Dr Mahathir's 22-year rule.
Dr Mahathir dragged Malaysia towards developed nation status, oversaw the building of the iconic Petronas Towers in Kuala Lumpur, and guided the country through the Asian financial crisis of the late 1990s. Yet his long rule was also criticised for the growth of cronyism and its failure to help poor Malays.
Abdullah seemed to have laid the ghost of Dr Mahathir to rest in 2004 when the Barisan Nasional coalition, led by his Umno party, scored its biggest election success on promises to end corruption.
That success turned to dust in elections in March this year when the opposition stunned the government by depriving it of its customary two-thirds majority in Parliament, which means it can no longer automatically change the country's constitution.
Dr Mahathir has since turned on Abdullah, sniping from the sidelines when the premier cancelled some of his massive infrastructure projects. He resigned from Umno, swearing not to return until Abdullah was ousted.
In a further twist to that feud, Mukhriz is battling Abdullah's son-in-law Khairy Jamaluddin for the leadership of Umno's influential youth wing, a staging post to the party presidency and the premiership of the country.
That political battle is a sign that dynasty politics will be around for a long time to come, worrying some Malaysians who feel the country is governed neither by them, nor for them.
"The ones that keep coming back for more are the sons, daughters and grandchildren of yesteryear's leaders," said a comment posted on political blog www.bakrimusa.com.
"It is, to them, their birthright to be accorded such positions as their fathers and forefathers. If you are not born to 'the families', then you must marry into one!"
Hindraf wants political figures to help
KUALA LUMPUR, Nov 4 — The Hindu Rights Action Force (Hindraf), while welcoming the Pas offer to mediate on its behalf to lift the ban on the movement, has called on political figures to do the same.
"We would like to invite matured and seasoned politicians like Tun Musa Hitam, Datuk Seri Ong Ka Ting and Datuk Seri Panglima Joseph Pairin Kitingan to mediator for Hindraf," said its chairman P. Waytha Moorthy, who is living in exile in Britain.
"We trust they are able understand the problems faced by Malaysian Indians as a minority and may be able to reach out to the Umno-led government in lifting the ban on Hindraf," Waytha Moorthy said in a statement released today.
This represents a softer stance from the group which has continued to attack the government despite being outlawed on Oct 15 in the aftermath of its presence at the Cabinet Hari Raya open house at Putra World Trade Centre.
On Oct 23, just prior to Deepavali, 11 leaders of the group, insisting they were there as ordinary citizens, were arrested as they attempted to submit a letter to Prime Minister Datuk Seri Abdullah Ahmad Badawi demanding the release of five Hindraf leaders currently held under the Internal Security Act.
Two days later, Pas offered to act as mediator in resolving the problems Hindraf supporters had with the government.
The offer was made by two Pas leaders, vice-president Datuk Husam Musa and Youth chief Salahuddin Ayub, who met about 40 Hindraf supporters in front of the Putrajaya police headquarters where the 11 were being held.
The group was released on bail the next day.
Zaid lucky to be born a Malay, says Syed Hamid
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• I will not apologise, says Zaid PUTRAJAYA: Umno supreme council member Datuk Seri Syed Hamid Albar said historical realities must not be questioned to prevent potential issues from cropping up. Elaborating on his call for Datuk Zaid Ibrahim to apologise for his remarks on the concept of Malay supremacy, Syed Hamid said the former minister in the Prime Minister's Department should extend the apology to all Malays in the country. I will not apologise, says Zaid He said the concept did have negative elements and racist traits. "Maybe because of the (Umno) party's election season, many, especially those contesting the vice-president's posts, want to gain support by giving their own interpretations of my statement." |
• A rare parliamentary sight not seen for decades – eight UMNO Ministers queuing up in Parliament till 11.30 pm last night to reply
A rare parliamentary sight in Parliament for decades – eight Umno Ministers queuing up in Parliament till 11.30 pm yesterday to take their turn to reply in the 2009 Budget debate yesterday.
Clearly, my Sunday speech to the DAP Kuala Lumpur Convention castigating Umno Ministers for neglecting their parliamentary, Cabinet and national responsibilities because of the protracted Umno party elections and suggesting that they take five-month leave so as to ensure that the people and country do not suffer because of their party politicking when Malaysia faces the worst global economic crisis in 80 years has hit home and taken instantaneous effect.
On Thursday, two Umno Ministers, Home Minister Datuk Seri Syed Hamid Albar and Education Minister, Datuk Seri Hishammuddin Hussein played truant from their Ministerial duties when they were absent in the winding-up of their Ministries, passing the buck to their deputy ministers.
If Hamid and Hishammuddin think that their deputy ministers were equal to them and could reply of behalf of their Ministries as effectively as they themselves could, then it is time they resign and give way to their two deputies to become full ministers!
I hope that this unprecedented show of discipline and responsibility is not a “one-shot” affair but will become a directing principle for all responsible Ministers for the rest of the parliamentary term – and we will see Ministers taking full charge of the debate for each Ministry during the 16-day Committee stage debate of the 2009 Budget beginning tomorrow till 4th December 2008.
Yesterday, the Umno Ministers put up a responsible show, but the MCA Ministers fell short, with two MCA Ministers absent from their parliamentary posts during the reply, viz the newly-elected MCA President and Transport Minister, Datuk Ong Tee Kiat and the newly-elected MCA Vice President and Women, Family and Community Development Minister Datuk Dr Ng Yen Yen, who had to depend on their deputy ministers to save the day.
There can be no excuse for the absence of Cabinet Ministers from their parliamentary duties for the parliamentary calendar for the Ministerial winding-up in the 2009 budget debate had been fixed many months ahead of schedule and there can be no excuse for Ministers to be away from Parliament, whether overseas or somewhere else in the country.
I hope today, the fourth and last day of the Ministerial winding-up of the 2009 Budget debate, will see other Umno Ministers continue to set a good parliamentary example to their other BN Cabinet colleaguesHow should a judge endear him/herself to the Bar?
NST's chief Dewan dispatcher Azmi Anshar is not letting the Salleh Abas vs Bar Council issue die just yet. I must thank him for reminding me about Robert Lazar's comment to my disclosure here on Salleh's predicament: "If Rocky really wants to know, the Tun never really endeared himself as a friend of the Bar pre-1988 ....".
I'm not sure why I didn'tn pin Robert Lazar there and then. Am glad Azmi's asking these questions in his latest despatch:
"But to “endear as a friend to the Bar”? How should Salleh endear himself to the Bar as a friend? Play golf with lawyers? Lunch or dinner together? Go for holidays together? Rule everything in favour of the lawyers of the Bar?"
Read Azmi's piece If you have to sock Salleh Abas ..... The new CJ should take serious note of Robert Lazar's response ...
Finding Equilibrium
This is not surprising. Zaid’s message is rooted in an obviously deep and heartfelt commitment to the nation and the interests of all its citizens. Where the Malays are concerned, he is strident in his rejection of policies that have left the community struggling against a siege mentality that robs it of its ability to meet the challenges of a globalizing world. As he observes, the “Malays are now a clear majority in numbers. The fear of their being out numbered is baseless; they are not under siege. The institutions of government are such that the Malays are effectively represented, and the there is no way the interest of the Malays can be taken away other than through their own weakness and folly.”
Equally forceful in his defence of non-Malay interest, Zaid laments attempts by politicians to do away with a social contract that guarantees “equality and the promise of the Rule of Law” in favour of one that promotes a supremacist ideology that ultimately serves only the interests of an elite. This, he opines, has left the nation deeply divided and cut off from the democracy and Rule of Law so vital for the sustainable and inclusive development that all Malaysians need, irrespective of race and religion.
Put another way, Zaid has given voice to what it is most Malaysians think: that we need to be united to face the future. The founders of this nation understood we could, appreciating that there was no reason for fear and that we had every reason for mutual respect and dignity. Fear mongering has however kept us apart and from seeing the threats that confront us, and what we need to do to counter them.
Zaid’s message is persuasive for its simplicity and self-evident truth. He must be credited for having been able to say what had to be said, as it needed to be said.
If there is any doubt as to the legitimacy of the viewpoint expressed, then we need only consider the reactions from senior UMNO members entrenched in the leadership structure of the party. These reactions not only make it evident that Zaid hit the nail on the head, they also show why it is UMNO and the Barisan Nasional need to seriously reconsider how to make themselves relevant. Two responses are illustrative.
Perlis UMNO liaison chief and former Menteri Besar Datuk Seri Shahidan Kassim had this to say, according to media reports, “Zaid should repent. Otherwise he should get out of the ‘rumpun Melayu’. Paraphrased by BERNAMA, his explanation for this was that “if Zaid continued to question the Malay supremacy concept, then he should no longer be a Malay as a Malay should be defending the Malays and not running them down.”
But, is that not what Zaid was doing? Apparently not, for the New Straits Times reported Home Minister, Datuk Seri Syed Hamid Albar, who is incidentally an UMNO supreme council member, as saying that Zaid was “a traitor to his own race and should apologise for his remarks.”
Both responses are so self-defeating that they boggle the mind. They typify the might is right attitude that Zaid speaks out against. Being senior UMNO members, both individuals must be open to the possibilities. As Zaid put it, if “affirmative action is truly benchmarked on the equitable sharing of wealth that is sustainable, then we must confront the truth and change our political paradigm; 40 years of discrimination and subsidy have not brought us closer.”
Zaid was not alone in expressing concerns about the way things are. At the same conference, His Royal Highness Raja Nazrin Shah, the Raja Muda of Perak, called for a rejection of discriminatory policies. The Raja Muda observed that the “consequence of not empowering citizens or, worse, disempowering them, is to create a deep sense of alienation and hostility. Indeed, it is very often an overwhelming sense of alienation and powerlessness that causes the rash acts of violence that fracture societies. It gives these citizens every reason to seek to divide society in order to redress their dissatisfactions. This is bad and insensitive politics. On another level, we cannot morally turn our backs on the fundamental responsibility of ensuring that all stakeholders in our society, no matter how small or seemingly insignificant, have a place under the sun.”
The ideal could not be better articulated. Malaysians, all of us, want our place in the sun. We do not wish to live in fear, looking over our shoulders all the time. There is more than enough for us all to share in. We have been blessed with a nation so abundant with resources and so rich with potential that generation upon generation will be able to live in peace and prosperity. The only catch, if it can be called that, is that we need to be left alone to find our equilibrium. Only then can we get on with the task of doing it right.
(Malay Mail; 4th November 2008)
Malik Imtiaz Sarwar
Kuil SRI BATHRAKALIAMAN, JLN MASJID INDIA
Temple priest Kanmanibala say he had ask for time for him to remove the dieties, earlier he had agree to remove on 30/10 then extention given till 3/11. DBKL doesnt consider plea by the priest. They came and bulldoz the old structure and also the toilet and a room where the priest stays. Even water supply been cut off.
DPM NAJIB’S OPEN HOUSE PLEDGE ANOTHER EYEWASH
We refer to DPM Dato Seri Najib Tun Razak’s Statement that a “the Indian community's plight was also being seriously looked into by a special cabinet committee, which he chairs, to ensure that it had participation in the national economy and equity”.
HINDRAF wishes to reiterate that the Indian community had heard enough promises for the last 51 years that would last them the next 3 generations of the Government’s promises that it cared for the plight of the Indian community and that they “would look into it”. The statement of the DPM is yet another eyewash during the festive Deepavali period to pacify and mislead the Malaysian Indian community as usual.
Every Deepavali open houses and MIC annual general assemblies the Indians are made to believe and given the assurances that their “plight are being looked into” and “help is just around the corner”. We have been hearing this for the past 51 years now and no Malaysian Indian would believe this apart from the MIC cronies who live and thrive on the “biscuits” thrown at them by UMNO.
The DPM must have thought the Indians could be fooled as usual and perhaps he would have received a “thunderous applause” for his “goodie announcements” which no doubt must have come from all the planted MIC cronies. The DPM who is also the Finance Minister should stop the “empty talk” and instead make a concrete announcement of an allocation of funds to uplift the socio economic condition of Indians in the country.
We want to know how serious the Government is in solving the woes of the Indian community in dollars and cents. Enough of setting up Special Cabinet committees and all the years of empty promises. The Malaysian Indians have woken up and can no longer be cheated with mere bare promises. The Government of the day has to be serious and solemn, come up with a concrete plan of how to address the issue instead of giving piecemeal solutions and empty promises.
P.Waytha Moorthy
CHAIRMAN
HINDRAF
Anwar says Ketuanan Melayu only benefits a minority
Anwar: Only a small group benefiting from ketuanan Melayu. — Picture by Choo Choy May
“I believe that the Malays and Bumiputeras should not be sidelined,” he said.
“We should do all we can to help them together with the Chinese and Indians,” Anwar told reporters after a talk at the Bangunan Darul Ridzuan today.
He said, however, that fighting for Malay supremacy to enrich a small number of Malays while a larger section of the community were still in deplorable condition, was unacceptable.
On the remark by former Minister in the Prime Minister’s Department Datuk Zaid Ibrahim recently that the Malay supremacy concept had failed, Anwar said, the statement should be studied by all.
At the 21st LawAsia Conference in Kuala Lumpur last week, Zaid said the Malay supremacy concept had failed and distracted from the real issues confronting the country.
The remark irked several Umno leaders, including Perlis Umno liaison chief Datuk Seri Shahidan Kassim who described Zaid’s statement as excessive, while Umno supreme council member Datuk Seri Syed Hamid Albar called on Zaid to apologise to the Malays.
Meanwhile, Anwar said that certain media had been manipulating the appointment of Low Siew Moi as the acting general manager of Selangor State Development Corporation (PKNS) and turned the matter into a racial issue.
He said the appointment was only temporary until a new one was made by the Pakatan Rakyat. — Bernama
Three Higher Education Ministers in 4 years while universities continue plunge in international rankings and losing out to Indonesia after left behind
Three Higher Education Ministers in four years while Malaysian universities continue the plunge in international university rankings – this is the second consecutive year Malaysia is excluded from the Times Higher Education Supplement’s (THES-QS) World’s Top 200 Universities.
Are these two matters inter-related?
This is the question I posed to the third Higher Education Minister in four years, Datuk Seri Mohamed Khaled Nordin in Parliament this morning when he replied during the winding-up of the 2009 Budget debate, but as expected, he could not throw any light on the conundrum.
It is a sad reflection of the “paradigm shift” in university quality and excellence in Malaysia that while the first two Higher Education Ministers (Datuk Dr. Shafie Salleh and Datuk Dr. Mustapha Mohamed) talked about how to defend Malaysian university rankings in the Top 200 World Universities, Khaled spoke with pride this morning at the inclusion of Malaysian universities in the Top 500 world universities!
I warned this morning that Malaysia is seriously losing out in competitiveness, with our univerisites not only left behind by Singapore [National University of Singapore (NUS) ranked 30th and Nanyang Technological University, Singapore ranked No. 77] and Thailand (Chulalongkorn University ranked No. 166), we are beginning to straggle behind Indonesian universities!
Until last year, Malaysian universities were all ranked well ahead of the Indonesian universities, but in the 2008 THES-QS World Top Universities ranking, Indonesian universities are catching up with Malaysian universities in leaps and bounds.
Last year for instance, the three top Indonesian universities were all ranked behind the Malaysian universities – University of Indonesia (UI) No. 395, Bandung Institute of Technology (ITB) No. 369 and Gajah Mada University (UGM) No. 360, as compared to the three top Malaysian universities University of Malaya (UM) No. 246, Universiti Sains Malaysia (USM) No. 307 and Universiti Kebangsaan Malaysia (UKM) No. 309.
In this year’s ranking, University of Indonesia has improved by 108 placings to be ranked as No. 287, Bandung Institute of Technology No. 315 and Gajah Mada University No. 316.
This means that in the 2008 THES-QS Ranking, University of Indonesia (No. 287) has narrowed the gap with University of Malaya (No. 230) and Universiti Kebangsaan Malaysia (No. 250), while ahead of Malaysia’s apex university, Universiti Sains Malaysia (No. 313), University Putra Malaysia (No. 320) and Universiti Teknologi Malaysia (No. 356).
RM5b + RM5b = RM10b worth of questions
The first 5 billion ringgit question is of course related to state investment company Valuecap. That’s the RM5 billion taken from our EPF money to be used by Valuecap to “invest” in the stock market.
But Malaysian Insider raises a new question. It claims that Valuecap owes its three shareholders RM5.1 billion, which is due to be repaid in February 2009.
This debt, in the form of interest-bearing unsecured bonds, raises questions over plans for the Employees Provident Fund to lend RM5 billion to Valuecap to invest in the stock market.
In March 2003, Valuecap borrowed RM5.1 billion from shareholders Khazanah, Kumpulan Wang Amanah Pencen and Permodalan Nasional Bhd to invest in the stock market. At the time, world stock markets were bracing for a looming war in Iraq which followed on the September 2001 attacks on the US.
Valuecap’s bonds were due to be repaid in February 2006, but the company was given another three years to this coming February. At the end of 2006, the three shareholders each held RM1.7 billion in these bonds, according to documents obtained by The Malaysian Insider.
Since these debt instruments were not listed and are not tradeable, the three shareholders are probably still holding these bonds today.
Recently, the government proposed that EPF lend Valuecap RM5 billion to invest in the stock market. In view of its impending obligation to repay its shareholders, however, questions arise over whether the loaned funds will be used to redeem the bonds.
As at the end of 2006, Valuecap’s investments were valued at RM4.8 billion. Since then, the stock market has lost 21 per cent of its value. If Valuecap’s investments have tracked the stock market, these could be worth RM3.8 billion currently.
Then there is Petaling Jaya Utara MP Tony Pua’s call on the Finance Ministry and Khazanah to explain their involvement in Silterra Malaysia Sdn Bhd, which lost RM1 billion last year. This is compounded by the alleged loss of RM5.17 billion that Khazanah Nasional is said to have invested in the semiconductor wafer manufacturer since 1994, reports Malaysiakini.
Tony is concerned that Silterra is now seeking an additional RM8.5 billion for its expansion efforts.
I think the Finance Ministry has some serious explaining to do. It should come clean and make public the accounts of these two entities - Valuecap and Silterra - and tell us exactly how much, if any, has been lost. The Ministry should also explain to the public exactly what it intends to do with the RM5 billion from EPF.
PAC SAYS NO WRONGDOING BY GOVERNMENT ON EUROCOPTER DEAL
Monday, 3 November 2008
Family members of detained HINDRAF human rights lawyers arrested Your Excellency
Mizan Zainal Abidin ibni al-Marhum Sultan Mahmud
Supreme Head of State (Yang di-Pertuan Agong)
Office of the Head of State
Istana Negara
50500 Kuala Lumpur
Malaysia
23 October 2008
Re: Family members of detained HINDRAF human rights lawyers arrested
Your Excellency,
Front Line is deeply concerned following reports that family members of detained Hindu Rights
Action Force (HINDRAF) lawyers were amongst 11 persons who were arrested on 23 October
2008, including the 6-year old daughter of HINDRAF Chairperson P. Waythamoorthy, as they
attempted to submit a letter to the Prime Minister's office in Putrajaya.
On 23 October 2008, at approximately 3.15 pm, P. Vwaishhnnavi, daughter of P. Waythamoorthy
and niece of HINDRAF leader P. Uthayakumar, approached the Prime Minister's office in Putrajaya
together with her mother K. Shanti, S. Jayathas, P. Taramaraju, P. Waytha Nayagi, Poobalan,
R. Kannan, Mary Shanti, Bala, Rajasekaran and Ravi Sundaram. They were there to accompany
P. Vwaishhnnavi as she submitted a Deepavali card to the Prime Minister in which she called for
the release of all those falsely imprisoned under the Internal Security Act (ISA), including five
human rights defenders from HINDRAF and also invited the Prime Minister to her home for an
open house to celebrate the festival. The 11 detained persons are currently being held at the
Putrajaya district police headquarters. Police Chief Abd Razak Abd Majid declined to comment on
the arrests but reports indicate that the child, the two women and eight men are being held under
either the Societies Act, for participating in an unlawful society, or the Police Act, for illegal
assembly.
On 15 October 2008 the Home Ministry officially declared the HINDRAF organisation illegal, as a
result of investigations by the Registrar of Societies (ROS) which reportedly found that 'the
organisation’s activities contravened the Societies Act 1966 and if left unchecked, the organisation
could pose a threat to public order, peace, security and morality in Malaysia'.
Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and
R. Kengatharan were arrested on 13 December 2007 and charged under the Internal Security Act
(ISA) of Malaysia on the grounds of threatening national security by organising a peaceful
demonstration. All five human rights defenders had taken up and worked on, on a pro bono basis,
many cases of death in police custody and police violence. They had filed many cases against the
Malaysian Government and authorities. Chairperson P. Waythamoorthy remains in self-exile in the
United Kingdom.
Front Line believes that the above-mentioned persons have been arrested and detained solely on
1
account of their legitimate human rights activities calling for the release of Messrs P. Uthayakumar,
M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and R. Kengatharan. In addition Front Line
believes that the five members of HINDRAF were targeted as a result of their work defending the
rights of the ethnic minority Indians in Malaysia. Front Line is concerned for the physical and
psychological integrity of all of the aforementioned human rights defenders.
Front Line urges the Malaysian authorities to:
1. Immediately release the above-mentioned persons who were arrested on 23 October 2008,
as well as Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar
and R. Kengatharan as it is believed that they are being detained solely on account of their
legitimate human rights activities;
2. Immediately repeal the decision to ban HINDRAF;
3. Take all necessary measures to guarantee the physical and psychological security and
integrity of the aforementioned human rights defenders and their family members;
4. Guarantee in all circumstances that human rights defenders in Malaysia are able to carry
out their legitimate human rights activities without fear of reprisals, and free of all
restrictions including judicial harassment.
Front Line respectfully reminds you that the United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN
General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights
defenders, their right to freedom of association and to carry out their activities without fear of
reprisals. We would particularly draw attention to Article 5 “For the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the right, individually and in
association with others, at the national and international levels: (a) To meet or assemble
peacefully”; and to Article 12 (2): “The State shall take all necessary measures to ensure the
protection by the competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or
any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred
to in the present declaration.”
Yours sincerely,
Mary Lawlor
Director
MEDIA STATEMENT 03.11.2008
DPM NAJIB’S OPEN HOUSE PLEDGE ANOTHER EYEWASH
DPM SHOULD INSTEAD ANNOUNCE A SPECIAL ALLOCATION AND CONCRETE PLAN TO UPLIFT THE INDIAN SOCIO ECONOMIC STATUS
We refer to DPM Dato Seri Najib Tun Razak’s Statement that a “the Indian community's plight was also being seriously looked into by a special cabinet committee, which he chairs, to ensure that it had participation in the national economy and equity”.
HINDRAF wishes to reiterate that the Indian community had heard enough promises for the last 51 years that would last them the next 3 generations of the Government’s promises that it cared for the plight of the Indian community and that they “would look into it”.
The statement of the DPM is yet another eyewash during the festive Deepavali period to pacify and mislead the Malaysian Indian community as usual.
Every Deepavali open houses and MIC annual general assemblies the Indians are made to believe and given the assurances that their “plight are being looked into” and “help is just around the corner”. We have been hearing this for the past 51 years now and no Malaysian Indian would believe this apart from the MIC cronies who live and thrive on the “biscuits” thrown at them by UMNO. The DPM must have thought the Indians could be fooled as usual and perhaps he would have received a “thunderous applause” for his “goodie announcements” which no doubt must have come from all the planted MIC cronies.
The DPM who is also the Finance Minister should stop the “empty talk” and instead make a concrete announcement of an allocation of funds to uplift the socio economic condition of Indians in the country.
We want to know how serious the Government is in solving the woes of the Indian community in dollars and cents. Enough of setting up Special Cabinet committees and all the years of empty promises. The Malaysian Indians have woken up and can no longer be cheated with mere bare promises. The Government of the day has to be serious and solemn, come up with a concrete plan of how to address the issue instead of giving piecemeal solutions and empty promises.
P.Waytha Moorthy
CHAIRMAN
HINDRAF
Abdullah’s inaction pushes Malaysia back to Mahathirism
COMMENTARY
NOV 3 — Putting aside for the moment the question of whether the return of Mahathirism is a good or bad thing for Malaysia, let us agree that one man’s failure has provided the ripe conditions for its return.
If today Tun Dr Mahathir Mohamad’s influence in government and among Umno members is growing, and his ideas on tackling the economic slowdown to fighting malaise in the Barisan Nasional are gaining traction in the community, it is because Datuk Seri Abdullah Ahmad Badawi did not provide the strong, decisive leadership which Malaysians want and crave for.
Abdullah and his supporters may complain that the advent of Mahathirism is a return to the days of power being centralised in the hands of the few; with institutions being trampled upon and the rule of law being subjugated but there is little evidence that the Abdullah years were watershed years in governance and transparency.
On Thursday, it was exactly five years that the baton of leadership changed hands between Dr Mahathir and Abdullah. Those were days of promises; pronouncements; new beginnings. Nothing exemplified this more than the motion of thanks to Dr Mahathir which Abdullah proposed in Parliament on Nov 3, 2003.
Scroll through the motion of thanks today and two things become apparent: why Malaysians were so taken up with what Abdullah had to offer and his inability to add flesh to the grand sounding rhetoric of that day.
Here are a few examples:
? “We must seek and identify new sources of economic growth. We must develop new approaches to enhance our competitiveness and strengthen our resilience to face global challenges. The distribution of economic opportunities must be equitable to benefit the broadest range of people.”
Fact: Five years on, the government is still talking about finding new sources of growth. The reality is that Malaysia is still far too dependent on oil and commodities for its revenue. Our manufacturing sector is built on a brittle foundation — the uninterrupted flow of cheap foreign labour.
And yes, we are still a long way off from becoming a modern agriculture powerhouse.
? “We must respect the separation of powers between the legislature, the executive and the judiciary. This is important to maintain the checks and balances needed to prevent abuses of power.”
Fact: What separation of powers? The concept of separation of power truly works only when judicial review of administrative processes is allowed.
Abdullah’s promise of ushering a judicial renaissance is pretty much work in progress.
? “It is incumbent upon us as elected representatives to display exemplary political leadership, which can only be effective if we are respected. We must cultivate an image that is clean, incorruptible, modest and beyond suspicion.”
Fact: March 8. On that day, many Malaysians gave their verdict on Barisan Nasional candidates, whom they viewed as arrogant, power crazy, avaricious and corrupt.
Despite all the talk, the consensus was that many elected representatives ran roughshod over Abdullah during his first term as the prime minister, predicting correctly that unlike Dr Mahathir, he would not use the powers of incumbency to bring them into line.
When lined up side by side, the Mahathir years seems like a time of progress; of a country taking shape; of economic growth; of a vision; of punching above the weight in international relations.
In contrast, the Abdullah years seems like a time of intangibles; more democratic space; more willingness to tolerate differing opinions and more respect for Parliament.
But precious little for the little man to appreciate and cling on to as evidence of a better standard of living.
Given this backdrop, it is not difficult to understand why many Umno members and a good number of Malaysians are not as troubled about the return of Mahathirism as members of the chattering class and Abdullah’s supporters.
They yearn for a strong hand, especially in these uncertain economic times. They want to know where Malaysia is headed.
Abdullah’s motion of thanks on Nov 3, 2003 also gives a clutch of hints on why not everyone is in mourning over Dr Mahathir’s return to the main theatre of politics in Malaysia.
This is what Abdullah said five years ago: “The development of our infrastructure and human resources grew at its fastest pace during his premiership. More importantly, he placed our country on the world map and has made Malaysia an example of political stability, economic prosperity, racial unity and religious tolerance. We are now widely acknowledged as a progressive Islamic country.
“The Member of Parliament for Kubang Pasu has imbued us with self-confidence, dignity and national pride. He is a hero to his nation and to his people — a hero who elevated his country in the eyes of the world.”
Critique on Judgment of the Court of Appeal Chin Peng v Government of Malaysia
| by M.R. Pearce
2. In summary I consider that the Court of Appeal erred in the following respects:
|
1. I have been an observer, on behalf of the International Association of Democratic Lawyers, at proceedings in the above matter in Jaya Putra, Malaysia. I have been asked by the lawyers for the plaintiff, Chin Peng, to prepare a critique of the most recent judgment in the case, that of the Court of Appeal dated 20 June 2008. (Click Irene Fernandez: The Best or Worst of Malaysia?
by Suzette Standring
November 2008
Huffington Post
It is a textbook case of laws being used to crush critics of governmental operations. Malaysia may be 9,296 miles from the United States, but the theme of authorities seeking to silence protest is a universal one. Thus when such a bell tolls, it can toll for thee.
The criminal appeal of Irene Fernandez, age 62, begins (Oct. 28-30) at the Criminal High Court in Kuala Lumpur. It is the longest running legal attempt in Malaysian history to punish a bearer of bad news. In August 1995, Fernandez made public her report, Abuses, Torture and Dehumanised Treatment of Migrant Workers at Detention Centres. It was based on interviews with 300 detainees, each of whom Fernandez spoke with in her role as director and co-founder of Tenaganita, a non-governmental organization (NGO) in Kuala Lumpur that has worked to protect the rights of foreign workers since 1991.
She gave voice to bloodied and abused immigrants held in centers pending deportation. Unspeakable filth, dehydration and rape of children were part of her documented report. In 2003 she was convicted of “maliciously publishing false news,” under Section 8A(2) of the Printing Presses and Publications Act (1984) - even though the Malaysian government did admit to 46 detention-center related deaths.
Released on bail pending her appeal, Fernandez continued her work on behalf of women, children, migrant workers and the poor in Malaysia. The PPPA gave absolute discretion and broad powers to the Minister of Home Affairs to ban or restrict “undesirable publications.” Later it was found to breach the fundamental right to freedom of expression by the UN Human Rights Committee and other constitutional courts around the world.
Now 13 years and 300 court appearances later, the legal wrangling may end. High Court Judge Yang Arif Hakim Dato’ Haji Mohamad Apandi Bin Haji Ali wants to resolve Fernandez’s case this year. Perhaps Judge Apandi’s call for resolution may signal a positive turning point. In a country struggling to fight against corruption, perhaps Judge Apandi’s court will see justice finally served. The facts in Fernandez’ favor are too overwhelming for revisionist history.
Fernandez was born in 1946 in Malaysia, growing up in migrant worker conditions. Her father was a rubber plantation worker. Her first-hand knowledge of the hardships and easy victimization of such laborers was the underpinning of her passion to serve the powerless. Long before her 1996 arrest sparked her current ordeal, Fernandez had been promoting the poor since 1970. She organized the first textile workers union and developed programs to create trade unions in free trade zones. Her consumer education programs taught children about basic needs, safety and environmental protection. Her work with grassroots organizations led directly to laws against domestic violence, sexual harassment and improvements to rape laws. (http://www.rightlivelihood.org/irene-fernandez.html)
Yet in March 1996 Fernandez was charged for “maliciously publishing false news.” Her trial dragged on for seven years. In a surprise fast-tracking of procedure, Fernandez’ lawyers were given only two days to make final submissions based on seven years of trial and 50 witnesses before final judgment by Judge Juliana Mohamed. Interestingly, the prosecution was ready with an 82-page submission.
In 2003, Magistrate Juliana Mohamed ruled Fernandez’ report - the torture, denial of medical treatment, forced stripping, lack of proper food, unsanitary toilets and police corruption in detention centers toward migrant workers held for deportation from Malaysia - to be false. Prosecutor Stanley Augustin pushed for the harshest sentence as a deterrent to any who might throw Malaysia’s good name into disrepute amid world attention. “The court must take into account the interest of the nation. Freedom of speech is not freedom to say anything you like. It must be confined and cannot hurt the public or national interest,” said Augustin.
At the sentencing, Fernandez said, “I want my children and the children of all the people I work with as head of Tenaganita to enjoy and live in a society that is peaceful, where we do not fear state violence.” Facing a maximum sentence of three years, Fernandez was sentenced to one year of imprisonment, but was released pending appeal. And over 13 years, Fernandez’ legal process has taken absurd twists and turns, all from court mismanagement.
Statements from five key prosecution witnesses and all of the 21 defense witnesses have gone missing. A computer virus wiped out hearing notes.
Over 1,700 pages of trial records were missing. A massive re-typing of notes was undertaken, and content was still awaiting transcription as of August 2008. Currently 3,648 pages are divided into eight volumes. Judge Apandi has ordered the appeal to move forward despite any illegible or incomplete notes. The Criminal High Court should dismiss this case due to an inaccurate trial transcript and reconstituted court records. But when a case is high profile, politics can come into play, and not just in Malaysia. (Sometime look into the case of People of California v. Caryl Chessman, a criminal who was a controversial critic of the justice system. His execution for kidnapping was based on a law that was later repealed and an incomplete trial transcript.)
But Fernandez is no criminal. She is the teller of uncomfortable truths, with a long activist history in protesting abuses and enacting reforms. In 2005, she earned the Right Livelihood Award, often called the “Alternative Nobel Prize” for “… for her outstanding and courageous work to stop violence against women and abuses of migrant and poor workers.” Established in 1980, the Right Livelihood Award honors and supports those “offering practical and exemplary answers to the most urgent challenges facing us today.” Fernandez is one of 133 Laureates from 57 countries.
Now that is a recognition of which Malaysia should be proud. Conversely, the country should publicly decry those who practice or support abuse and corruption through the manipulation of its laws. What is shameful are the efforts to hide the existence of deplorable conditions. What throws a country into disrepute is its resistance to righting wrongs. Irene Fernandez embodies the best of Malaysia - grace, strength, courage and endurance - even as the worst elements of Malaysian power have long sought to silence her. Few would have the determination to gut through the uncertainty of facing prison and all the horrors it might hold, but Fernandez has endured a 13-year legal ordeal. As an advocate of non-violence and legal means, Fernandez draws attention to the plight of the undesirables with her personal struggles.
The findings of her report cannot be false. Nor is truth ever malicious. Fernandez has been a role model of right living, despite the sword of Damocles that has dangled over her head for the past 13 years. That’s a long time to live under restricted freedoms, a confiscated passport and being barred as an election candidate. Whether justice is dispensed depends on the morality of those in charge and their own degree of courage. But I hope for the best. I take my cue from Fernandez’ reported serenity and from the faith that fueled Martin Luther King when he once wrote, “The moral arc of the universe is long but it bends toward justice.”
Hindraf teddy bear more dangerous than Osama bin Laden?
Over 100 brave rain to attend PJ vigil
Photos by Rakyat@Work
Eye-witness report by Rakyat@Work:
The night when colours fade:
“Where are all the Indians?”
“Where are all the Malays?”
“Where are all the Chinese?”
Haris: Are we all blind or what? Who cares about skin colours? It doesn’t matter any more! We are Bangsa SATU! We are Bangsa Rakyat!
Yes! I feel a surge of adrenaline overflowing within me, a sudden sense of brother- and sisterhood with my fellow Malaysians. It’s a celebration of Life. I feel good, I really do. So do the rest.
Towards the end of the event, someone discovers a wallet that had been dropped. Marina immediately hands it over to a guy and asks that it be returned ASAP. Someone else whips out his handphone and asks if there are any contact details in the wallet. It is sorted out in no time. That’s the kind of spirit when we say Bangsa Rakyat Bangsa Satu.
2100: The crowd continues to mingle and as always, Marina and Zorro are the main attractions. Everyone just wants a piece of “justice” and “power” from Marina. Where’s Haris? Somehow I miss him too. Well, my partner and I ended our night at a fast-food outlet and we had a drink with other newfound family friends. We sure quenched our thirst and our spirit for the night.
Remember 7 Nov 2008. Free RPK!!!!!
2045: Someone’s already speaking. Unusually early I thought, but the number of people could have hastened the momentum of the event. Where’s my camcorder? Where’s my camera? Should I use… can’t get around to it with the umbrella… Dripping wet now and … just forget about the umbrella. And suddenly I remember, my little Olympus claims to be “waterproof”… good chance to test it out now. Fortunately, it lives up to its claim.
After squeezing past through bodies and umbrella, there he was! The man himself! Haris, a mountain of a man; imagine, he must be a six-footer. And now standing on top of a make-shift box as temporary podium, he certainly stands TALL, a person who speaks with conviction and passion, a sense of assurance that sounds like music to me. That’s right.
He makes several calls, reminding us of our first venture into the real world of the “living”; we are not to be in bondage. And all it takes is that one small step to stand up for your rights and for the truth. (Yes, it’s scary at first, but this is exactly what this vigil is all about, to help everyone to come together and get rid of this fear that has been tormenting the rakyat for God-knows-how-long. The rakyat’s presence at these vigils are only a means to larger objectives: to free RPK, to free all the other ISA detainees, and finally to get rid of the ISA.)
Sorry, that’s my own perspective; Haris may be using different words. It’s also about Justice. Justice for all rakyat to be respected as Bangsa Satu or Bangsa Rakyat.
Ah, beside him stands Zorro, smiling, I suppose he must have felt relieved tonight as it is his well deserved day off, now that Haris is here. Cheers, mate.
Next speaker or motivator is a woman who volunteers to set the mood for the evening with shouts of “Free RPK!” and “No to ISA!” or something to that effect.
I’m soaked by now, pretty uncomfortable. Need to move around.
Next speaker: our Adun, Lau Weng San, who continues to reassure the rakyat that this PJ venue is safe. He urges us to bring along more friends for the next vigil. (If there should be any negative or evil elements amongst the crowd, they are also welcome, perhaps to learn that abolishing the ISA will be beneficial to their loved ones too. Again, these are my thoughts; sorry, can’t help it)
A young man takes the stand and mentions that, after attending several vigils now, the number of people attending the vigil is still relatively small. He wishes to see larger crowds and more new faces for the coming event. (Yes folks, do make a stand now. Just do it! Come and be counted.)
Then the floor is opened to anyone who wants to share about the event. A gentleman from overseas says he is happy to join us, and says what we are doing is for the right cause; it is the right thing to do. He isn’t sure when he will return again to Malaysia, but he hopes that we need not have to conduct these vigils the next time. ( He obviously meant “Away with ISA for good.” )
“We want to see more of the young generation here. Is there anyone here?”
Indeed a young fellow, probably in his 20s stands up and takes the mic, “I’m happy to be here, thank you.” Well? That’s all, Haris says he just wanted to see, right?
Okay, move over pal, here comes Mr “Singalaysian”, Stephen, a Singaporean who married a lovely Malaysian woman, Lita. He is another fine example to the rest of the rakyat. He was at the Seremban vigil last Friday and despite his busy travelling back and forth from Singapore, Seremban, and now to PJ, he makes a point to come simply because of the great respect he has for RPK and his support for abolishing the ISA. He doesn’t need a mic cos he’s STRONG…voice and person. Kudos, Stephen!
Right, the rain’s getting into my eyes again… gotta move out once more…
Now, it’s karoke time with a difference. No mike, just “unplugged”, we all sing a beautiful number tonight; it’s called “That’s what friends are for”. So appropriate: through bad times, through good times, in fact through all times, we are friends for life….
It’s another wonderful evening. The rain’s about to stop. Before we end, Haris again reminds us all to remember the date 7 Nov. That’s right, it’s this Friday. So folks, please make a date with RPK, and come. (Get details from Malaysia Today, okay?)
2005: Arrive a little late due to the rain (excuses). But that’s the reason why partners are all important. Sometimes, you just need that little extra push to get lazy bones moving. So here we are. Both of us have the same question: With the rain still pouring, will there be anyone turning up? Yes, the crowds are already there. In fact, more than we anticipate.
Somali rape victim, 13, stoned to death
The Following Incident can be happen in Malaysia when the government fail to uphold their Justice properly and want the country too much into Islam rules.
MOGADISHU, Nov 2 - A 13-year-old girl who said she had been raped was stoned to death in Somalia after being accused of adultery by Islamic militants, a human rights group said.
Dozens of men stoned Aisha Ibrahim Duhulow to death Oct 27 in a stadium packed with 1,000 spectators in the southern port city of Kismayo, Amnesty International and Somali media reported, citing witnesses. The Islamic militia in charge of Kismayo had accused her of adultery after she reported that three men had raped her, the rights group said.
Initial local media reports said Duhulow was 23, but her father told Amnesty International she was 13. Some of the Somali journalists who first reported the killing later told Amnesty International that they had reported she was 23 based upon her physical appearance.
Calls to Somali government officials and the local administration in Kismayo rang unanswered Saturday.
“This child suffered a horrendous death at the behest of the armed opposition groups who currently control Kismayo,” David Copeman, Amnesty International’s Somalia campaigner, said in a statement Friday.
Somalia is among the world’s most violent and impoverished countries. The nation of some 8 million people has not had a functioning government since warlords overthrew a dictator in 1991 then turned on each other.
A quarter of Somali children die before age 5; nearly every public institution has collapsed. Fighting is a daily occurrence, with violent deaths reported nearly every day.
Islamic militants with ties to al-Qaida have been battling the government and its Ethiopian allies since their combined forces pushed the Islamists from the capital in December 2006. Within weeks of being driven out, the Islamists launched an insurgency that has killed thousands of civilians.
In recent months, the militants appear to be gaining strength. The group has taken over the port of Kismayo, Somalia’s third-largest city, and dismantled pro-government roadblocks. They also effectively closed the Mogadishu airport by threatening to attack any plane using it. - AP