RAJA AZIZ ADDRUSE AND DING JO-ANN: Accountability and the A-G

THE recent challenge by Datuk Seri Anwar Ibrahim's defence team against the validity of the Attorney-General's certificate to transfer his sodomy case from the Sessions Court to the High Court has again highlighted the need to seriously examine the role of the Attorney-General.

The Attorney-General, it was argued, was not competent to issue the certificate as a report, which had been made against him for alleged tampering with evidence in Anwar's first sodomy case in 1988, was still being investigated.

The Kuala Lumpur Sessions Court ruled last Friday that the certificate was invalid.

The scope of the Attorney-General's powers in Malaysia has long been a subject of debate and controversy. He is the chief legal adviser to the government and is responsible for advising ministers involved in legal proceedings in their official capacity.

But as public prosecutor, he is also entrusted with power, which he uses at his discretion, to start, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

His dual role has posed a real problem. A conflict of interest is bound to arise if he has to institute criminal proceedings against members of the government.

The ongoing Altantuya Shaariibuu prosecution, surrounded by rumours involving important political figures, is a case in point.

Some countries in the Commonwealth, such as Australia and Canada, do not have such a problem. There the job of reviewing evidence, and beginning and conducting prosecution of offences, is entrusted to a Director of Public Prosecutions.

Since he is unencumbered by the sort of duties and functions the Attorney-General has, he is kept away from direct government influence and is able to act with impartiality in assessing whether or not to prosecute a case.

His decision is based on whether there is a realistic prospect of conviction on the evidence available and whether it is in the public interest for the prosecution to begin.

The Attorney-General in such a system would be a government minister. This would remove the structural defect in the present Malaysian system which constantly invites accusations that the Attorney-General is motivated by bias or is being selective in instituting criminal proceedings.

If he were made a part of the political party in power, the Attorney-General would not need to pretend to be neutral.

Though not directly involved in deciding whether to institute criminal prosecutions, he should be responsible for overseeing and superintending the prosecution services of the country and should answer to Parliament for the conduct of the Director of Public Prosecutions and of his department.

There is currently no formal mechanism requiring the Attorney-General to account for his conduct in relation to prosecutions of criminal proceedings. In spite of the wide powers he wields, he has no duty to report to the prime minister, cabinet or Parliament.

There has been no call for him to account for the failure of a number of high-profile prosecutions, which commenced with much fanfare but ended up being a waste of public funds.

Last year, Tan Sri Eric Chia, the former managing director of Perwaja Steel, was acquitted after 43 days of trial without his defence being called.

In acquitting the accused, the presiding High Court judge heavily criticised the conduct of the prosecution, especially their failure to call several key witnesses who had obvious knowledge of the material elements of the case.

With reference to particular key witnesses from Japan, the judge questioned whether it was the Japanese witnesses who were "reluctant" to come or "the prosecution was the one reluctant to bring them here".

The prosecution of Koh Kim Teck, a businessman, and his two bodyguards, who were charged with murdering 14-year-old Chinese national Xu Jian Huang, and who were acquitted in 2005, is another case in point.

After a trial lasting 36 days and with 39 prosecution witnesses having given evidence, the presiding judge found that the prosecution had not brought forward any evidence which could implicate the accused in the murder and that there had been no "prima facie" case made out to warrant the defence being called to answer the charge.

The prosecution had apparently omitted to call material witnesses, including the investigating officer for the case and Koh's driver who had reportedly given a cautioned statement that he had seen both bodyguards throw Xu into the swimming pool where he was eventually found. Two other material witnesses who were present in the house were also not called.

Yet another was the prosecution for the murder of Noritta Samsudin, where the accused was acquitted after 29 days of trial. The prosecution appealed against the acquittal right up to the Federal Court.

In dismissing the appeal, the Federal Court noted that there was a gaping hole in the prosecution's case, where it failed to sufficiently account for the likelihood of there being another person present at Noritta Samsudin's condominium unit who could also have committed the crime. No one else has been charged for the murder.

Any discussion on expensive and long-running criminal trials would not be complete without reference to the Irene Fernandez trial which spanned seven years and took over 300 days to complete.

It is still not over for the Tenaganita director, who was convicted in 2003 of publishing false news about the ill-treatment of detainees in camps for illegal immigrants. Her appeal against this conviction to the High Court has been the subject of numerous delays and has yet to be heard.

The Altantuya Shaariibuu murder trial will also go on record as one of the longest trials in Malaysian history.

After more than 150 days, Abdul Razak Baginda was acquitted of abetting the murder and discharged on Oct 31, while the two police officers charged with her murder have been called to enter their defence.

As it is the taxpayers' funds that ultimately pay for all criminal prosecutions, they have a vested interest in knowing how such cases, which appear to be ill-prepared, can be brought to trial.

It is imperative that the Attorney General's wide powers be subject to close scrutiny and not be permitted to be exercised arbitrarily.

If the government is truly serious in wanting to improve and restore public confidence in the administration of justice in this country, it must be prepared to review the presently unfettered powers of the Attorney-General.


Raja Aziz Addruse is a former Bar Council president and former president of the National Human Rights Society (Hakam). Ding Jo-Ann is a Kuala Lumpur-based lawyer.

- nst

I am Malay, and proud of it

It is time the crutches are removed and the Malays learned how to walk with their heads held up high. Malays have to be made to believe that the Ketuanan Melayu and the NEP is an insult and that is suggests Malays are weak creatures.

NO HOLDS BARRED

Raja Petra Kamarudin

Religious superstition and persecution never ceases to amaze me. Take the case of Aisha Ibrahim Duhulow of Mogadishu, Somalia. On 27th October 2008, 13-year old Aisha was killed. She was killed when 1,000 people stoned her to death. And she was stoned to death because three men had raped her. She was raped, so they accused of adultery.

Imagine a 13-year old girl killed in a most brutal manner because she was raped by three men. Should it not be the three men who should have instead been stoned to death? And do you not wonder why Islam suffers from a serious image problem? Muslims should take stock of what they are doing and understand the disservice they are doing to Islam.

Our religious rehabilitation by the Kamunting detention camp started on the Tuesday after Deepavali. The highlight of the sessions was the “nasi tomato” and the chicken wing in a plastic bag that they served for lunch, courtesy of JAKIM but paid for by the Malaysian taxpayers, 90% who are Chinese.

The JAKIM ustaz told us that Islam is the true religion and that all other religions are false. We were reminded not to believe in or follow other religions, which are not accepted and recognized by God. Only the Koran is the true Holy Book and was sent to us by God through the Prophet Muhammad. All other books are false and were created by man and did not come from God.

We must also not copy or ape the non-Muslims as that will lead us astray and we will become an apostate if we act like the kafir. He did not, however, give any examples on what would be considered acting like a kafir.

In the meantime, in another incident that happened outside the Kamunting detention camp, an UKM lecturer explained that Muslims should not do yoga or meditate, as the origin of this is Hinduism. Muslims who do yoga or meditate would be led astray, argued the wise man from UKM. He then asked the religious scholars to come out with a fatwa or decree banning Muslims from doing yoga or meditating.

It is ironical that the JAKIM ustaz who visited Kamunting chose that subject matter to kick off our religious rehabilitation program. The article that got me into trouble with the government and which resulted in my detention under the Internal Security Act said exactly the same thing. I pointed out that the Friday prayer sermons run down the other religions. I also argued that we are told not to ape the non-Muslims or take them as our friends as the non-Muslims are sworn enemies of Islam and can never be our friends. For that I was detained under the Internal Security Act and my first lecture happened to be the very thing I said and which got me detained.

There are in fact many things which Malays do and which originated from Hinduism. Take the stringing up of coloured lights as one example. Seven days before Hari Raya Malays would string up coloured lights around their home, sometimes even on trees like they do during Christmas. This is a throwback of the old days when they used to use kerosene or oil lamps. And this was a custom borrowed from Deepavali because the Arabs do not do this.

So, the next time you pass by a Malay house during Hari Raya and you see all those coloured lights you can smile, knowing that the occupant of that house is borrowing a Hindu ritual -- only that he or she does not know it.

If we really want to go into the long list of Hindu customs and rituals that the Malays have borrowed the list would be endless. We should not ape the kafir, the religious scholars tell us. If not we would become a kafir. Well, what about wearing a tie, coat and pants? Is this not a kafir attire?

How many Malays go about wearing a robe and turban? Even that UKM lecturer who wants a fatwa issued banning Malays from doing yoga or meditation wears kafir clothes. Look at all the Malay government officers. They all wear kafir clothes and sometimes a tie as well. The security forces all wear kafir uniforms with a kafir hat on their heads.

We count our days using a Christian calendar. I am facing various charges for crimes I committed on certain days of the Christian calendar. What was the day of the Islamic calendar, the Hijrah calendar, that I committed my crimes? The charge sheet does not say.

I am facing various charges in a kafir court. The charges I am facing are crimes according to kafir laws. I was also under detention without trial according to a kafir law. In fact, according to Islam, I have not committed any crime. And Islam does not allow for detention without trial.

For that matter not only have I not committed a crime, according to Islam, but what I have done is what Islam has actually made mandatory. Islam makes it mandatory for all Muslims to perform “Amar Makruf, Nahi Munkar”. This means to uphold good and oppose evil. All Muslims must do this without exception. Not doing it, according to Islam, makes you an extremely weak Muslim.

I, however, am now facing trial and was under detention without trial for performing my Islamic duty. And kafir laws, not Islamic laws, are being used against me. Kafir laws are being used against Muslims for doing what Islam has made mandatory.

And what is the reaction of Muslims to all this? What is the UKM lecturer doing about it? Is he up in arms about the kafir system being implemented against Islam? Is the Member of Parliament for Kulim demonstrating on the streets and screaming, “I am a Muslim first I don’t care about other people’s opinions”?

Okay, the UKM lecturer wants yoga and meditation banned and the Kulim MP wants to shut the mouths of anyone who wants to talk about Islam. But that is about it. It never goes beyond that,

Sometimes the Malays can be amazing. Okay, not sometimes, most times. Now UMNO wants Zaid Ibrahim sacked as a Malay. Can any Malay actually be sacked as a Malay? I wonder, but UMNO thinks it can be done. UMNO says that Zaid would be nobody -- he would not be a lawyer of the biggest law firm in Malaysia -- if he was not a Malay and the country did not have Ketuanan Melayu and the New Economic Policy.

Zaid thinks that that is an insult. He would like to believe he is what he is because he is Zaid and because he is smart. If he would instead be a simple fisherman in Tumpat, Kelantan, without the benefit of Ketuanan Melayu and the NEP, then this means Zaid is actually quite stupid.

I share Zaid’s view. I also would like to believe that I am “somebody” and “special” because I am Raja Petra. If it is because of Ketuanan Melayu and the NEP, and if not because of that I would be washing cars in Bangsar, then this would certainly make me very unhappy.

Yes, Zaid and people like him do not need crutches. Only losers need crutches. And that is why UMNO wants these crutches to remain, because they are all a bunch of losers. I would like to believe that I am what I am because of who I am and not because of Ketuanan Melayu and the NEP. I take pride in that. I would hate people saying, “of course Raja Petra is successful. He is a Malay and Malays have Ketuanan Melayu and the NEP to help them. Malays need crutches to get ahead.”

It is time the crutches are removed and the Malays learned how to walk with their heads held up high. Malays have to be made to believe that the Ketuanan Melayu and the NEP is an insult and that it suggests Malays are weak creatures. Malays must be proud of their achievements and not credit their achievements to the protection and special privileges they enjoy because they are Malay. The Malays used to be a proud race. Now they are no longer proud. They accept that they are weak. So they demand protection to compensate for this weakness.

Hindu American Foundation Press Release: Hindu Americans Condemn Banning of Hindu Group in Malaysia

www.hafsite.org

HINDU AMERICAN FOUNDATION PRESS RELEASE

Hindu Americans Condemn Banning of Hindu Group in Malaysia
Demand Release of Its Leaders

FOR IMMEDIATE RELEASE

For Media Inquiries contact:
HAF Director of Public Policy
Ishani Chowdhury
Office: 301.770.7835
Fax: 301.770.7837
Email: ishani at hafsite.org

November 5, 2008 (Washington, D.C.)--A prominent U.S. based human rights group, the Hindu American Foundation (HAF), today joined a growing chorus demanding restoration of civil rights in Malaysia after the recent banning of the Hindu Rights Action Force (HINDRAF). In a letter written to the Malaysian Emabssy in the United States, the Foundation condemned the recent banning of the avowedly non-violent organization and the ongoing incarceration without trial of five HINDRAF leaders.

In November 2007, HINDRAF organized a massive, peaceful rally in Kuala Lumpur, Malaysia, that leaders said was to raise global awareness about the persecution and discrimination the Hindu minority faces in that country. These allegations have been verified and documented in HAF's Annual Hindu human rights report as recently as this year.

According to media coverage and first hand reports reaching HAF offices, the Malaysian government brutally crushed the gatherings and jailed five of the HINDRAF leaders without trial under the draconian Internal Security Act. Popular discontent over the government's response led to a major reversal in the ruling party's electoral fortunes earlier this year. In a bid to consolidate power, however, the Malaysian government banned HINDRAF on October 15, 2008.

"In our letter to the Malaysian embassy, we highlighted the temple destructions, lack of free speech and discrimination Hindus are facing in that country on a daily basis," said Ishani Chowdhury, HAF's Director of Pubic Policy. "We call upon the Malaysian government to lift its ban on HINDRAF and release the Hindu leaders imprisoned without cause for nearly a year."

The HINDRAF chairman, P. Waythamoorthy, is currently exiled in London, and has been in close touch with HAF leaders. Waythamoorthy's six-year old daughter was among eleven others that were illegally detained without cause on October 23, 2008.

"The Malaysian government has chosen an anti-democratic, authoritarian path that ostracizes and persecutes Hindus--a people whose history in that country spans six centuries," added Chowdhury.

Evoking the United Nations Declaration of Human Rights, in her letter, Chowdhury wrote that, "it is imperative that...Malaysia work for the equal and fair treatment of the Hindu minority community and address grievances as such."

The Hindu American Foundation is a 501(c)(3), non-profit, non-partisan organization promoting the Hindu and American ideals of understanding, tolerance and pluralism. Contact HAF at 1-301-770-7835 or on the web at www.HAFsite.org.

DAP slams Home Ministry for appealing against RPK release

By Shannon Teoh

PETALING JAYA, Nov 9 - DAP has slammed the Home Ministry's decision to appeal the Shah Alam High Court's decision to free Malaysia Today website editor Raja Petra Kamaruddin from detention under the Internal Security Act (ISA).

DAP stalwart Lim Kit Siang said the decision showed Home Minister Datuk Seri Syed Hamid Albar's "utter contempt for the fundamental concept of the rule of law and the most rudimentary commitment to human rights in the country."

The Ipoh Timur MP pointed to Syed Hamid's actions in issuing a detention order under Section 8 of the ISA on Sept 22 not because raja Petra constituted a threat to national security but to frustrate the editor's earlier habeas corpus application.

Raja Petra had been summarily packed off to the Kamunting Detention Centre to start a two-year formal detention pending a second habeas corpus application.

On Friday, after a 56-day detention, Justice Syed Ahmad Helmy Syed Ahmad had ruled in the blogger's habeas corpus application that the Home Minister acted outside his powers in detaining Raja Petra under the ISA.

In a press statement today, Lim called Syed Ahmad's decision a "positive reflection in the last five months of" Prime Minister Datuk Seri Abdullah Badawi's administration and "should be the occasion for the Cabinet to undertake a full review of the draconian laws in the country as well as to uphold the doctrine of the separation of powers by repealing all legislation which institutionalises the executive usurpation of judicial powers."

He further called on the Cabinet to overrule Syed Hamid's decision to appeal the court's decision.

"The Prime Minister should restrain Hamid from proceeding until there is a full review of the matter by both the Cabinet as well as Parliament.

"Will the MCA and Gerakan Ministers and leaders stand up now to oppose Syed Hamid's decision?" he said, referring to the resolutions passed by both parties' national assemblies recently to resolve the issue of the ISA.

The statement also announced that the anti-ISA Parliamentary Caucus will hold an emergency meeting in Parliament tomorrow to discuss the issue and two candle-light vigils will be held tonight - one at Taman DR Seenivasagam, Ipoh and another at Padang Timur, Petaling Jaya.

DAP leaders will be present at both vigils.

Not quite judicial renaissance yet, says Anwar

By Shannon Teoh

SHAH ALAM, Nov 9 – Opposition Leader Datuk Seri Anwar Ibrahim has warned against taking the court decisions on Friday as a “signal of judicial renaissance.”

“A few judges have acted based on legal facts and their conscience. But I do not take it as something that inspires confidence without reforms in the judicial system,” he said.

On Friday, Justice SM Komathy Suppiah ruled that Attorney General Tan Sri Abdul Gani Patail’s certificate of transfer to move Anwar’s sodomy trial from the Sessions Court to the High Court was invalid.

On the same day, Shah Alam High Court judge Syed Ahmad Helmy Syed Ahmad had ruled in controversial blogger Raja Petra Kamarudin’s habeas corpus application that his detention under the Internal Security Act was unjustified.

“Recent developments have given us hope. Raja Petra was ordered to be set free but I would not get overexcited that this signals the start of a judicial renaissance,” the PKR de facto leader said.

The Permatang Pauh MP was speaking at the launch of four books written by the party’s deputy president Dr Syed Husin Ali here with Unisel undergraduates in attendance.

“With a clear conscience, I have no problems rejecting all laws which are abusive, not just the ISA but any that tries to stunt the freedom of thought, including the Universities and University Colleges Act,” he told them.

Anwar was joined in launching the books by Selangor Menteri Besar Tan Sri Khalid Ibrahim who announced an RM30 million allocation for a holistic Spiritual, Physical, Intellectual, Emotional and Social Development (SPIES) programme for higher education institutions in the state.

“It is the intention of the state to promote balanced education and outlook,” he said, pointing out that the Klang Valley has become an educational hub with over 15 institutes of higher learning, prompting Bangi, which houses several of these institutes, to be known as Bandar Ilmu (Knowledge City).

Nation's interests must come before race: PM

The Sunday Times, Singapore

by Aaron Low

• Non-Chinese PM? Possible, but not soon

Singapore's leaders must put national interests first before those of their particular racial community, Prime Minister Lee Hsien Loong made it clear yesterday.

That is why the country will not head down the road of electing people to Parliament to represent the interests of their race, as is the case in Malaysia and New Zealand.

In response to a question on whether Malay Members of Parliament have difficulty balancing their community's interest with the national interest, Mr Lee explained what he expected of MPs here.

'If he is a Chinese, I want to ask him if he is a Singaporean who happens to be of Chinese descent or is he Chinese first, who happens to be living in Singapore,' he said.

Singapore is unlike Malaysia as it does not have 'a coalition government where there is a Chinese party and a Malay party and an Indian party, and then we try to push and see who can push harder'.

Neither does it intend to move towards a system of proportional representation as practised in New Zealand, where the small number of MPs voted in to represent Maoris can exact a price each time the government seeks their support.

'But for Singapore, I think it would be the wrong thing to do. In Singapore, you come in, you have to think about the interests of Singapore,' Mr Lee said.

On the difficulty of finding Malay political talent, he said it was tough to find such talent across all the races.

Although the pool of Malay talent is bigger than what it used to be, the proportion of Malay professionals - such as doctors, lawyers and engineers - is still lower than the national average, he said.

Mr Lee also called for the grassroots leaders' help in talent-spotting, asking: 'Do you know anyone to introduce to me?'

---

Non-Chinese PM? Possible, but not soon

PM: Race still a factor among S'poreans, but attitudes have shifted in the new generation

By Zakir Hussain

Singapore may have a non-Chinese prime minister one day but that is unlikely to happen any time soon, Prime Minister Lee Hsien Loong said yesterday, four days after Americans elected their first black president.

Mr Lee said race is still a factor that determines voters' preferences here, although he noted that attitudes have shifted.

He was replying to a question from Association of Muslim Professionals board member Yang Razali Kassim at a dialogue with 350 Malay grassroots and community leaders at the Grassroots Club.

Mr Yang Razali asked if, in the light of Mr Barack Obama's win, Singapore was ready for a prime minister of a minority race, and specifically from the Malay-Muslim community.

Mr Lee said in reply: 'It's possible. It depends on how people vote, on who has the confidence of the population.'

'Will it happen soon? I don't think so, because you have to win votes. And these sentiments - who votes for whom, and what makes him identify with that person - these are sentiments which will not disappear completely for a long time, even if people do not talk about it, even if people wish they did not feel it.'

However, he also acknowledged that attitudes towards race have shifted in the last two to three decades.

'Attitudes have shifted because English provides more of a common ground, because the new generation is better educated and they can see that there are successful people of all races,' he said.

'But to reach a position where everybody is totally race-blind and religion-blind, I think that's very difficult. You will not find it in any country in the world.'

Grassroots volunteer Muhammad Nabil Noor Mohamed, 20, said Mr Lee's assessment is realistic. Yet Mr Nabil also believes that people of his generation can see beyond race and religion 'to assess a leader on his ability and his merit'.

Last year, a survey of 1,824 Singaporeans' views on inter-racial ties by the S. Rajaratnam School of International Studies found that 94 per cent of Chinese polled said they would not mind an Indian as prime minister, and 91 per cent said they would not mind a Malay in the top post.

Mr Lee prefaced his remarks on Singapore by noting that Mr Obama's election victory marked a 'historic change' for America.

But the win did not mean race was no longer an issue there, he said. He pointed out that after 20 years of Bush and Clinton presidencies, Americans wanted a change.

'People were tired, they wanted something different, and Mr Obama represented something different,' he said.

'He was an effective candidate, charismatic candidate and able to mobilise young people and enthuse them, inspire them.'

Mr Obama won 52 per cent of the popular vote against opponent John McCain's 46 per cent, but a closer look at how ethnic groups voted showed that race remained a factor, Mr Lee said.

Just 43 per cent of whites voted for Mr Obama, compared to 60 to 65 per cent of Latinos and Asians and 95 per cent of blacks.

'To say that's socio-economic, nothing to do with race, I don't think so.

'The factor is still there, but there are other factors which are important and in this case they all added up, enough for Mr Obama to score a good majority and become president,' he said.

Mr Lee also took questions on the economy, foreign workers and representation of Malay interests during the 90-minute dialogue.

It was organised by Mesra, a People's Association council that coordinates Malay grassroots activities, as part of its 20th anniversary celebrations

Sabah, Sarawak lawyers say court ruling takes their rights away

• 'Loss of right' upsets lawyers in the east

The Sunday Star

KOTA KINABALU: Sabah and Sarawak lawyers have voiced shock over a ruling that peninsula-based lawyers can represent cases originating from the two states when they come before the Court of Appeal.

The Advocates Association of Sarawak (AAS) and the Sabah Law Association (SLA) described the decision as taking away their rights to appear for cases originating from the two states by fixing the cases to be heard in peninsular Malaysia.

In a joint statement, SLA president Datuk John Sikayun and AAS president Frank Tang said the rights of Sabah and Sarawak lawyers were guaranteed under the Federal Constitution and could not be taken away by mere administrative action.

“AAS and SLA will bring the matter up with relevant authorities and if opportunity arises on an appeal to the Federal Court, we will ask to be heard on this issue,” the statement added.

The two bodies claimed the decision violated the Malaysia Agreement and eroded the sanctity and constitutional safeguards agreed between Malaya, Sabah and Sarawak in the formation of Malaysia.

They were reacting to a decision by a three-man Bench presided by Justice Datuk Gopal Sri Ram that peninsula-based lawyers can represent their clients in the appeals of cases that originated from Sabah and Sarawak if the case was heard in the Court of Appeal in any peninsula state.

In the ruling, Sri Ram said the Courts of Judicature Act 1964 empowered the Court of Appeal president to direct an appeal against any decision of the High Court of Borneo States of Sabah and Sarawak to be heard by appellate courts anywhere in the states of Malaya.

He made the ruling in a commercial case that originated from the Kuching High Court involving a suit by Datuk Ting Cheuk Sii against nine respondents under the Companies Act and winding-up petition.

Sri Ram held that Tommy Thomas, an advocate of the High Court in Malaya, could represent Ting in his appeal fixed for hearing next week.

RPK’s rearrest under ISA - Cabinet/Parliament must overrule Hamid

(LimKitSiang) Home Minister, Datuk Seri Syed Hamid Albar’s announcement in Kota Kinabalu last night that the Home Ministry will appeal against the Shah Alam High Court decision on Friday to free Malaysia Today website editor Raja Petra Kamaruddin from detention under the Internal Security Act (ISA) is most deplorable and reprehensible.

It shows Hamid’s utter contempt for the fundamental concept of the rule of law and the most rudimentary commitment to human rights in the country.

In ordering Raja Petra’s release after a 56-day ISA detention, Shah Alam High Court judge Justice Syed Ahmad Helmy Syed Ahmad ruled in the blogger’s habeas corpus application that the Home Minister acted outside his powers in detaining Raja Petra under the ISA, as the grounds given for Raja Petra’s detention were insufficient rendering the ISA detention unlawful.

Syed Ahmad Helmy held that although Section 8 of the ISA on the detention order by the minister barred judicial review, there was a procedural non-compliance by the Minister resulting in an “ultra vires” order.

As illustration, the judge gave the example that the minister cannot act in bad faith to detain a person who decided to colour his hair red.

In actual fact, Hamid acted mala fide in a very substantive manner in issuing a detention order under Section 8 of the ISA late in the night of September 22 not because Raja Petra constituted a threat to national security but to frustrate the administration of justice and the rule of law by “killing off” Raja Petra’s earlier habeas corpus application.

Raja Petra’s first habeas corpus application to challenge the legality of his ISA detention on Sept. 12 under Section 73 of the ISA was slated for hearing at the Kuala Lumpur High Court on Sept. 23.

When Raja Petra’s lawyers, his wife Marina Lee Abdullah and family members and supporters turned up in court on the morning of Sept. 23 for the harbeas corpus hearing, they were shocked to learn from the Senior Federal Counsel, Abdul Wahab Mohamad that the issue had become academic and the application should be struck out as Raja Petra was no longer detained under Section 73 (which permits judicial review) but under Section 8 (which bars judicial review except for procedural defects).

Raja Petra had also been summarily packed off to the Kamunting Detention Centre to start his two-year formal detention.

I had on Sept. 24 condemned Hamid’s ministerial detention order of Raja Petra, “hours before his habeas corpus application hearing at the Kuala Lumpur High Court” on Sept. 23 as “a gross violation of human rights, a blatant abuse of power and downright contempt of court by the Home Minister and a travesty of the rule of law in Malaysia”.

I had said: “One would have expected that being a lawyer by training, the Home Minister Syed Hamid Albar would have greater regard, respect and understanding of the principles of a just of rule and would not do anything to frustrate the legal process as in RPK’s habeas corpus application hearing yesterday. But Hamid has proved everyone wrong.

”The Attorney-General Tan Sri Abdul Gani Patail should explain whether he was privy to the Home Minister’s decision on Monday (Sept. 22) night to frustrate the legal process over RPK’s habeas corpus application hearing yesterday (Sept. 23) challenging the police detention under Section 73 of the Internal Security Act (ISA) by the simple but most cynical and irresponsible expedient of the Minister signing a formal detention order under Section 8 of the ISA.

”Was the Attorney-General consulted and his agreement sought to this irresponsible ploy to frustrate RPK’s habeas corpus application and did he advise the Home Minister against such flagrant contempt of court and to trust in the impartiality and integrity of the judicial system to pronounce on the legality of the police detention of RPK under the ISA under Section 73?

”Whose idea was it that the Home Minister should abuse his powers to expedite the formal detention of RPK under Section 8 of the ISA in order to frustrate RPK’s habeas corpus application, when RPK had been detained for only 10 days under Section 73 which provides for a 60-day police custodial detention?”

There had been thundering silence from Hamid, Gani Patail as well as the MCA/Gerakan Ministers and leaders who had been staging a “song and dance” about their new-found opposition to the ISA, demanding a review if not repeal of the draconian detention-without-trial law.

The Shah Alam High Court decision to free Raja Petra, which is a positive reflection in the last five months of the Abdullah premiership, should be the occasion for the Cabinet to undertake a full review of the draconian laws in the country as well as to uphold the doctrine of the separation of powers by repealing all legislation which institutionalizes the executive usurpation of judicial powers and independence by excluding judicial review of abuses of executive power, like Section 8 of the ISA.

However, Hamid seems to be unrepentant in refusing to understand the changes demanded by Malaysians after the March 8 “political tsunami” for a full restoration of the just rule of law, a truly independent judiciary and a total end to all forms of abuses of executive power.

I call on the Cabinet to overrule Hamid’s decision to appeal against the Shah Alam High Court decision to free Raja Petra from ISA detention, which can only mean that Hamid wants Raja Petra to be re-arrested and sent back to Kamunting Detention Centre.

The Prime Minister Datuk Seri Abdullah Ahmad Badawi should restrain Hamid from proceeding with the appeal against the Shah Alam High Court decision to free Raja Petra until there is a full review of the matter by both the Cabinet as well as Parliament.

Will the MCA and Gerakan Ministers and leaders stand up now to oppose Hamid’s decision to appeal against the Shah Alam High Court decision?

The Parliamentary Caucus on Repeal of ISA and release of all ISA detainees will hold an emergency meeting in Parliament tomorrow to discuss the issue.

There will be two candle-light “No to ISA” vigils tonight - one at Taman DR Seenivasagam in Ipoh at 8 pm and another at Padang Timur Petaling Jaya (near Amcorp Mall), which have now multiple objectives, viz:

· No to ISA;

· Release all ISA detainees;

· First Anniversary BERSIH rally for a clean, fair and democratic electoral system.

· No to any appeal against Shah Alam High Court decision to re-arrest Raja Petra and send him back to Kamunting Detention Centre;

· Restore doctrine of separation of powers among the Executive, Parliament and Judiciary; and

· Repeal all laws with “no judicial review” clauses to subject all forms of executive abuses of power to legal challenge and judicial review.

I will be at the Candlelight Vigil for freedom, justice and democracy in Ipoh tonight. Other DAP leaders will be at the PJ Candlelight vig

As chairs fly, Umno could be lurching towards implosion

It used to be that flying chairs were associated with MIC meetings. No longer.

The big news today should have been Mat Taib emerging as a surprise contender for the Umno deputy president’s post, joining Ali Rustam and Muhyiddin.

But flying chairs at the Seremban Umno meeting, which left two people injured, have added to the litany of serious troubles facing Umno.

It is not just one incident that suggests that Umno is going through a testing time. Serious money politics, factionalism, the return of the old guard and Mahathirism, bitter leadership struggles and protests at divisional meetings are all evidence of a party in crisis. The big question now is can the party pull through unscathed at a time of economic turbulence or will the fissures that are now evident lead to a final implosion?

Najib is reported as saying that 900 complaints of money politcs had been received by the party’s disciplinary board. 900?! We have heard top Umno politicians complaining about attempts at vote-buying and money politics.

At the Rembau meeting yesterday, a commotion broke out when a number of delegates complained that nominations were closed prematurely.

Over in Tanah Merah, several members managed to get an ex-parte injunction from the Kota Baru High Court to defer the division’s delegates meeting. Controversy surrounds the status of 32 branch heads and alleged phantom members.

And that’s just the news over the last two days!

One commentator told me that Anwar and Pakatan Rakyat won’t have to do much or even bother looking for defections from MPs who lack conscience or principles. Instead, PR leaders can just sit back and watch as Umno, after the heavy blows it took on the chin on 8 March, stumbles around like a dazed and ageing heavyweight fighter trying to avoid hitting the canvas for the final count.

The houses in Mosman Park

(bigdogdotcom) We obtained first hand photos of some said houses, on Bayview Terrace, Mosman Park, west of Perth, Western Australia. These were obtained this afternoon, in sunny pre-summer Perth weather.

These are the two famous photo of the house with the address 34 Bayview Terrace, Mosman Park, Perth WA which first appeared in Malaysia Today sometime last year. It was still under renovation then. Now, it is fully completed.

These ones are numbers 44, 66 and 66A on the same street.

The houses, three in the row, fronting the Mosman Bay.

By far, we have reasons to believe these are the most profilic and luxurious address in all Western Australia. Another Brick in the Wall was right. The east facing view from these three houses, overlooking Mosman Bay is most outstanding. The cliff on the park across from these three houses were at least 100 feet high (from the waterfront).

This shot, was taken two hours ago. Note the skyscrapers on Perth, towards the west of the Mosman Bay.

Who ever bought these houses, must really want to live here for the rest of the intended lives, as free people. These are definitely serious addresses for people with lots of money, migrating and starting a new life here in by far the most posh suburb of Perth. Never in doubt, people who live in this address, would make these homes with most amazing views as a “holiday home”.

Just to clarify, as per reported by Another Brick in the Wall blog on 19 April 2007, there are no houses on 22 & 24 Bayview Terrace. Only empty lots, meant for two separate bungalows. However, the sign in front says that they were sold. It even have drawings for the proposed bungalow lots.

PAYOUT FOR JUDGES

Tun.Dr.Mahathir
1. Now we know how much has been paid out to the judges.

2. It is not bad at all. The Government must have plenty of money to give away for something that the Government says is not an admission of guilt and does not merit an apology. This generous act is unprecedented but must now be taken as a precedence. We should see more money being doled out every time a Minister feels a need to be popular with the Opposition. I wonder whether the amount of ex-gratia is based on how much the ex-de facto Minister of Justice considers would please the Bar Council.

3. The Minister informs us that the judges had been drawing full pension for the last 20 years. The highest pension is RM6,548.59 per month. Roughly this adds up to RM1,600,000 for 20 years.

4. Judges in Malaysia are paid two pensions - one at 55 years and one at 65 years. As I pointed out before one judge actually draws three pensions. Is the sum mentioned the total or just one?

5. Assuming that the highest pension is paid to the most senior of the judges, then he would have done extremely well to get RM5,000,000.00 (Five million Ringgit). He would have to draw pension for another 60 years to get RM5 million. Truly the Government is generous.

6. Were the judges sacked or suspended? I think they were sacked. The records say so. Now the Minister says "No", the judges were not sacked or suspended.

7. Why pay them compensation if they are not sacked or suspended and they did not even lose their pension rights?

8. Were they allowed to continue being judges, to preside over cases brought before them? I cannot remember them doing this.

9. Really the Salleh saga gets curiouser and curiouser.

Gov't to appeal RPK release

(Malaysiakini) The government is to appeal the release of leading blogger Raja Petra Kamaruddin, who was detained under controversial internal security laws and freed last week, according to reports today.

MCPX

Raja Petra was released by the High Court on Friday after it ruled that the government had acted outside its powers by ordering Raja Petra to serve two years in detention without trial.

"I am disappointed but I respect the court decision," Home Minister Syed Hamid Albar told the New Straits Times newspaper.

However, he said his ministry would direct the attorney-general to appeal against the decision, the paper reported.

"We need to find out how the court interpreted the home minister's discretionary power" as laid out under the country's tough Internal Security Act (ISA), he added.

Raja Petra, founder of the popular Malaysia Today website, which has outraged top leaders with its stream of critical stories, was detained in September for writing articles that allegedly insulted Islam.

Raja Petra is best known for his articles on politics, and has already been charged with sedition and defamation for linking Deputy Prime Minister Najib Abdul Razak and his wife to the sensational murder of a Mongolian woman.

There has been a rash of detentions in recent months under the ISA, which allows for renewable two-year periods of detention without trial and which critics say have been increasingly used against political opponents rather than national security threats.

-AFP

Race still matters in Malaysia, says Chua

The Star GEORGE TOWN: Colour and religion still play an important role in Malaysia, said MCA deputy president Datuk Seri Dr Chua Soi Lek. “To many people in Malaysia, race matters a lot. I am not even talking about the positions of the Prime Minister and Deputy Prime Minister but colour does matter even for the chief executive officer of government-linked companies and state development corporations,” he said in his blog yesterday, citing the appointment of a Chinese woman as acting general manager for the Selangor State Development Corporation (PKNS) as an example. Quoting Martin Luther King’s famous “judge a man by the content of his character and not the colour of his skin,” Dr Chua described racial harmony as “fragile and very superficial” in Malaysia. “Some call it mutual tolerance,” he said when congratulating Barack Obama for being the first African-American to be elected as the 44th president of the United States. “This is indeed a proud and defining moment for American politics. Race or colour of the skin does not count in US during elections.” Dr Chua said Obama’s victory was a watershed in the US and might change the American political landscape, adding that civil rights activists had finally realised their dreams and the American dream of opportunity for all. Praising Republican John McCain for fighting a long and hard battle like an old warrior that never dies, Dr Chua said McCain should be admired and congratulated for his grace in conceding early defeat and accepting the American voters’ verdict. He said MCA politicians should emulate McCain’s graciousness rather than bad mouth the victor in party elections. “To the loser, it is not the end of the world and to the victor, it is only temporary since the party election is once every three years,” he said. Commenting on the same issue on Thursday, MCA president Datuk Seri Ong Tee Keat said it was time that Malaysians free themselves from the shackles of racial issues. “Sadly in Malaysia, we are still bickering over the appointment of a Chinese woman as acting general manager for the Selangor State Development Corporation. “It is time for us to break free from the orthodox way of doing things. In the US, it took more than 200 years for a black man to be elected president in a predominantly white country,’’ he said.

Who says Abolish ISA vigils won’t make a difference…

Seremban folks welcome their guest-of-honour at last night’s vigil

“ISA should be discarded into the Straits of Malacca!”

Photos by Rakyat@Work, whose camera battery was threatening to run out at the high points of the vigil. (Rakyat woke up at 11.00am today after a long and exhausting day - and night - “at work” yesterday!)

These Abolish ISA vigils are making a difference. All three ISA detainees arrested in recent weeks have now been freed - but there are 65 others. One by one, we will get them out.

Last night’s vigil in Seremban was encouraging for two reasons: the presence of more Malays, lending a more multi-ethnic face to the campaign against the ISA, and of course, the arrival of the special guest, the just-released ISA detainee, RPK.

Blog reader Angela Ooi of Seremban reflects:

Thank you everyone who came for our second vigil. We, Seremban folks, could not believe our luck having our beloved RPK spend time with us almost piping hot from his Kamunting cell. Earlier, I had asked Marina what message she had for the Seremban vigil.

She replied, “No message except I will bring Pete to them when he is free.”

Thank you dear Marina for keeping your word. God bless Raja Petra and his family - this is one cherished, loved and respected ROYALTY. Daulat Tuanku!

Now that Raja Petra is freed, I sincerely hope we do not forget our 65 fellow Malaysians who are not. Our Seremban vigil will continue till the government learns to listen to the rakyat who want the ISA abolished immediately. I hope all will continue to support this vigil and come in increasing numbers as the weeks go by. God bless Malaysia and more power to its people.

From what I hear, there is likely to be a vigil tomorrow in Ipoh at 8.00pm and the weekly Sunday vigil in PJ near Amcorp Mall.

-Anilnetto.com

Anwar can make a good PM: Ramon

(MALAYSIAKINI) "Anwar Ibrahim can be a good prime minister"

This statement did not come from an opposition supporter or an Anwar sycophant - it came from a senior citizen, a respected former senior civil servant, a non-politician and a man who loves and cares for his country.

It carries more credibility when the man who said it knows Anwar personally and had worked with the Opposition Leader previously.

Ramon Navaratnam, president of Transparency International Malaysia, tells why he thinks Anwar is a good candidate on Mkini tv's 'Uncensored' talk show yesterday.

"Anwar is able, talented and charismatic and possesses the necessary training and experience to take up the post.

"He was a very good finance minister, there were problems with Mahathir (former prime minister) as he had a different approach, different philosophy, and genuine differences on how to handle the 1997 crisis," he told talk show host Francis Paul Siah.

Ramon should know the workings in the Finance Ministry as he spent more than 20 years there and had also served as the ministry's deputy secretary-general.

He also said that Anwar was able to spread his message that he was the standard bearer for reforms in the country.

"I think Anwar is a good candidate and in this matter the people must decide. If there is more freedom, I think you will find that there will a tough fight," said Ramon.

Asked for his thoughts of Pakatan Rakyat so far, the 73-year-old ant-graft crusader said the Pakatan coalition led by Anwar might be less corrupt in comparison to Barisan Nasional as it is a newly formed alliance.

"I may be bias. But corruption is such a great evil … the party that is new is less corrupt.

"Umno, MCA and MIC has a tradition and perception that they have been significantly corrupt. Pakatan is new and we can't be sure … but so far it appears to be cleaner and they don't have the money anyway for money politics.

The audacious Ramon Navaratnam, having commended the opposition leader, also described Deputy Prime Minister Najib Abdul Razak as an equally good choice to be prime minister.

"I have known Najib since he was a young man, he was in the civil service for a little while and I have worked under his father and I have a lot of respect for that family.

"I think he is capable, he is able, he has got talent, he has got grooming and the right background but unfortunately in recent years, rightly or wrongly, he has been under a cloud.

"So although he (Najib) has the ability and potential to be a great leader the perception of him being involved in difficult circumstances that may inhibit him or might upset people’s perception of his capabilities and capacity to lead effectively," said Ramon.

He acknowledged that if Najib is able to resolve all those lingering doubts "he would be able to provide good strong leadership".

Asked to compare whether Anwar or Najib would make a better prime minister, Ramon sated that "both of them have got their strength and weaknesses".

"Najib has a track record and so does Anwar. Both have the advantage and similar experiences in being ministers of finance.

"It is the question of how the people want to regard them, as Anwar also has a cloud over his head.

I do not know what to believe

Asked on the ‘difficult’ question whether he believes Anwar is guilty of his misadventures of the sexual kind, the veteran Ramon calmly replied, “I don’t know what to believe anymore”.

“I understand from friends that such practices have happened in public schools not only here but all around the world.

"Recently I find it difficult to accept it, I mean he is not a young boy or young man and he is mature. I am not sure really how much of it is real or how much of it is rhetoric,” he said.

Ramon said “we can depend on the court to make judgement" but was quick to add that he does not have enough confidence in the judicial system.

On the leadership of Prime Minister Abdullah Ahmad Badawi, Ramon said he remembers the premier to be an honest, straightforward, affable and sincere friend.

"But I'm disappointed and I have told him this but he has his own political judgement, his own sense of destiny and perspective so to speak.

"Maybe his sense of timing went wrong but I wouldn't say he is a failure, I would say he failed us in some aspects but overall don't forget he opened up the system.

"After 22 years of relative suppression and oppression - I don't think you could have this programme, you couldn't have Malaysiakini I think.

"So I think credit must be given where it is due, when a man is down don't stamp on him but my criticism of him is that if he had sincerely introduced the reforms he promoted on him being elected with a tremendous mandate, if he had stepped up the pace I think he would still be able to continue to be prime minister," said Ramon.

"If he had the strong political will and if he is able to resist the clamour of vested narrow interests he can, but I think he must have the will to bulldoze issues involving the improvement of the judiciary, anti-corruption agency, police reform and so many more.

People want change

These things can be done and there is no need for huge human or financial resources and the country can afford those things, he added.

Other issues discussed during the talk show included a brief view of the recently introduced 2009 Budget.

"I won't say it is all that bad but I think what the government has done is to take into account the new realities.

"The people want change, the people want better distribution of wealth, more care and more allocations for the poor," said Ramon.

He said although Malaysia has United Nation's development goals, politicians must look beyond and stop comparing Malaysia with third-world countries like Bangladesh, Indonesia and African nations.

"We are on the verge of becoming an industrialed country so we must have higher standards and do more to eradicate poverty and improve the education system," said Ramon.

Citing the words of (newly elected US leader) Barack Obama, he said: "Don't protect the rich and the mighty and the powerful but think of the man in the street".

He also stressed that savings in expenditure could be procured by implementing open tenders.

"A high portion of our public expenditure is expended through close tenders or negotiated tenders and that's the easiest way to get people involved in corruption.

Ramon also noted the provision of the New Economic Policy (NEP) which has been sparking flames in the political arena on and off.

"The objective of the NEP is to eradicate poverty regardless of races but it has been skewed. I was one of them who helped to draft NEP and I defend it.

"What went wrong is they ignored and neglected some (aspects) … the privileges only benefit the elite (in the Malay community).

"Poverty is at the highest proportion for the Malays. So what has the Approved Permits done for them? It has created a business class which is fine but very often corrupt and that is how you have money politics in Umno and that's a very serious problem.

This is because it would not only destroy Umno but the whole country, he said.

"We have the indication of approaching a falling state and if we don't watch it, we can fail.

Let's make money

Asked for his opinion why the nation's political leaders are not able to see the problems at hand, Ramon replied, "They can't see because they don't have a long view of life. They are here for one year, two years, four years, eight years … and they say let’s make money.

"I'm sorry to say and it pains me to say this but I belong to a different age group where we didn't have this during (the leadership) of Tunku Abdul Rahman, Tun Abdul Razak and Hussein Onn.

On Indian-based political parties, Ramon felt that Indian-based parties like MIC, PPP and IPF should be disbanded.

"The next best move is to do away with all race-based parties including MIC.

He also suggested to MIC president S Samy Vellu to retire from the political scene gracefully.

"(Although) I doubt he will (withdraw) I think he is intelligent enough to recognise that the tide is against him … for his own sake I wish he will take this time and move and fade away.

"He will be better remembered rather than having to be pushed out… He is a nice man in many ways but sometimes in a political struggle, you lose your judgement, perspective and perception.

Closing the 36-min interview, Ramon stressed that despite all the problems, Malaysia is still a blessed country and that it should be a shining example to the world.

"Be fair, be transparent, be honest and treat everybody equally," he said.

What does Anwar really want?

KUALA LUMPUR, Nov 8 — Sleepy Batu Caves became a hot spot of controversy recently — all because of a 12.2m-high painted plywood cut-out of a smiling Datuk Seri Anwar Ibrahim, in a blue shirt and red tie and with his right hand held high. The opposition leader's supporters in the area had put up the RM5,000 replica of him in time for Hari Raya Aidilfitri. But it quickly drew flak from the Mufti of Perlis and Malacca Chief Minister Datuk Mohd Ali Rustam. They accused Anwar's supporters of idol worship — and thus, being anti-Muslim and anti-Malay, since idol worship is anathema in Islam.

The cut-out has since been dismantled, but its exaggerated homage does raise a question about Anwar: is he keener on becoming the next prime minister of Malaysia than on shaping a credible alternative government?

Those aims are not mutually exclusive, of course. But since leading the opposition coalition to victory in five states in the March general election, Anwar has spoken of little else besides getting enough ruling coalition MPs to cross over to the opposition so he could become prime minister. He boasted that he would accomplish this feat by Sept 16, the anniversary of Malaysia's founding in 1963. The day has come and gone — and Anwar is still not yet prime minister.

Whose cause is he more interested in championing: his or the people's? Many Malaysians now say that it is Datuk Zaid Ibrahim, not Anwar, who has what it takes to be prime minister of Malaysia.

Zaid was the law minister till he quit the Cabinet on, yes, Sept 16 to protest against the government's detentions under the Internal Security Act of an opposition politician, two bloggers and a journalist for allegedly inciting racial hatred.

Anwar's constant talk of taking over the government is like political bonfires which the ruling Barisan Nasional has to keep putting out. The bonfires have not made him premier, but they have caused the incumbent, Datuk Seri Abdullah Badawi, to call an early end to his tenure, causing even more uncertainty about Malaysia's future.

Already, foreign investors are holding off on new forays into the country. Malaysian Investors' Association chairman P.H.S. Lim told The Straits Times that Anwar's bonfires have caused a big annual meeting in New York between global investors and Abdullah and his deputy, Datuk Seri Najib Razak, to be cancelled at the last minute.

On Oct 23, Anwar told reporters that he was now “in no terrible hurry” to seize power but would try working with BN instead to resolve the country's economic problems.

One might say that Anwar should not need to concern himself with the details of government and can leave his lieutenants to chalk up experience instead. But with almost 20 years of experience in the federal Cabinet himself, could Anwar not have prevented his lieutenants from making some serious mistakes and gaffes?

It is in Selangor, the country's industrial vanguard, where the opposition coalition is most beleaguered. Its patchy performance in the state so far may prove Anwar's undoing. That is because Selangor is governed by Anwar's own Parti Keadilan Rakyat, which has the least experience among Pakatan Rakyat's three component parties, having won only one parliamentary seat in the 2004 General Election.

Selangor's new Menteri Besar Tan Sri Khalid Ibrahim initially delighted his electorate by giving them some free water every month. But then he decided to go ahead with a RM100 million project to integrate pig farms. Many Muslims castigated him for it, even though it was his BN predecessor, Datuk Seri Khir Toyo, who had approved the project.

There has been little let-up since, with Khalid having to deal with the controversial demolition of Hindu temples, an aide hauled up for corruption, the vilification of his outspoken coalition compatriot Teresa Kok and the nomination of alleged criminals as town councillors. His suggestion that the all-Malay Universiti Teknologi Mara give 10 per cent of its places to non-Malays caused the campus to erupt in protest in August. Khalid need not have made this gesture for few, if any, non-Malays are keen on studying at UiTM.

To top it all, PR still does not speak in one voice. When Khalid announced on Oct 26 that a Chinese woman, Low Siew Moi, would temporarily — temporarily, mind — head the state's development corporation, PR's Islamic component Pas protested, saying that one from among her Malay colleagues should have been appointed instead.

How are Malaysians to hope that PR will bring about a Malaysia for all races, as Anwar likes to say at his stirring rallies, if its component parties cannot even agree on a Chinese occupying an official position temporarily?

Anwar would do well to remember that the large share of the vote that PR got on March 8 was meant more as a referendum on Abdullah's lackadaisical administration than as a ringing endorsement of PR as a credible alternative to BN.

In recent months, BN has bungled again and again, especially in hastily detaining opponents under the ISA — and just as hastily releasing most of them. With such bungles, all Anwar had to do was just guide his compatriots in good governance and sit tight until the people voted them into power at the federal level in the next general election.

But where is the shadow Cabinet the opposition should have been able to form by now? The only shadowing PR has done so far was to tail ruling coalition MPs when they travelled to Taiwan, a trip allegedly arranged to prevent the latter from crossing over to PR.

The current buzz is that Najib, who is set to become the country's next prime minister, will call for snap polls when he takes over from Abdullah next March. Judging by its slip-ups since March 8, Anwar and the opposition seem ill-prepared for that eventuality.

Perhaps Anwar is keener on remaining just the leader of the opposition than on becoming the next prime minister of Malaysia. — Straits Times Singapore

I'm not a terrorist. I'm not a dangerous person. I'm just a writer: Raja Petra

"Malaysia Today" website operator and blogger Raja Petra Raja Kamarudin said he was surprised with the High Court's decision here to release him from ISA (Internal Security Act) detention.

He said not many people had succeeded in their application to challenge the detention under Section 8 of the ISA.

"Therefore, I had not placed high hopes in being released early. It was 50-50," he said when met by reporters after High Court judge Datuk Syed Ahmad Helmy Syed Ahmad ordered his relase at 3.20pm today.

Asked about his feelings, Raja Petra who was surrounded by his supporters, said, "I'm just too tired."

Asked about the lesson he learned from his ISA detention, he said the court's decision showed that the ISA could not be used for a political motive.

"I suppose we have to fight all out to get the ISA abolished. I'm not a terrorist. I'm not a dangerous person. I'm just a writer," he said.

Raja Petra who was accompanied by his wife Mable @ Marina Lee then left the court grounds in a Rolls Royce with the registration number, WNT 71.

Earlier, the blogger who was clad in jeans and brown T-shirt, arrived in a white van at the court complex at 3.15pm accompanied by five officers from the Kamunting Detention Centre in Perak.

He had been taken out of the centre at 11.30 a.m.

He was welcomed at the court grounds by his wife and their two daughters, Suraya, 34, and Sarah, 19, and about 100 supporters wearing T-shirts with the words "I'm With RPK" printed on them, and repeatedly shouting "RPK".

Some also carried banners that read, "We Want Our Rights", "No to ISA" and "Free RPK. Abolish ISA."

Joy was clearly written on Raja Petra's face as he hugged his wife tight.

About 50 photographers from local and foreign media jostled to snap pictures of the beaming blogger who made the thumbs-up sign. (Bernama)

Mongolia Govt says it will take Altantuya’s case to International Court

…if the court’s final decision (on the two police officers) results in unfair trial and proceedings.

Letters have been sent to our Foreign Minister. What now Rais Yatim? Have you received this letter? And will you give them an answer or tell them to “shut up and not interfere” ?

This statement was issued in the Mongolian press “MONTSAME” on Nov 7:

Ulaanbaatar, /MONTSAME/ The world community is well aware of the ruthless murder of Mongolian citizen ALTANTUYA Shaariibuu on October 19, 2006, in Punchak Alam, Malyasia, being shot twice and blown up by an explosive.

The Government of Mongolia reaffirms hereby that it has been consistently paying attention, from the very beginning of this cruel crime to the court proceedings. The Prime Minister and the Minister for Foreign Affairs (previous name) of Mongolia have sent letters twice each to their Malaysian counterparts expressing their confidence that related Malaysian authority would bring a murderer to justice and deliberate a fair court conviction for the case.

The Government of Mongolia deeply regrets that the Malaysian high court judge made a decision on October 31, 2008, to acquit Abdul Razak Baginda–the murder suspect for killing Mongolian ALTANTUYA Shaariibuu.

Although Mongolia has no legal rights to take part in the court proceedings, the Government of Mongolia is responsible for protecting legitimate rights and interests of its citizen under international treaties and national legislation.

In connection with the recent court decision to acquit the suspect Abdul Razak Baginda, the Minister for Exterrnal Relations of Mongolia Mr. S.Batbold has sent another letter addressed to the Foreign Minister of Malaysia Mr. Rice Yatim requesting the latter to pay attention to and render support for ensuring conditions for a final court decision free from politics and other side influence.

The letter carries a statement by Mongolia’s Government testifying that it will have a strong reasoning for turning to the international court in order to defend rights and interests of its citizen if the court’s final decision results in unfair trial and proceedings.

A trial for the special unit officers charged for the murder is expected to take place shortly and the Mongolian Government keeps its eyes and ears wide open on the proceeding.

S.Batbayar

(sloone.wordpress.com)

Nationwide Prayers for P.Uthayakumar's 47th Birthday

Dear All,

7/11/08, Friday is our beloved P.Uthayakumar's 47th birthday.

There will be a special prayers at in various temples nationwide.

Invitation is extended to every Makkal Sakthi supporters and well wishers throughout the world to take part in the prayers by lighting up 47 'agal villaku' marking his 47th birthday, seeking the blessing of Almighty to bless him, who bravely faught for our Malaysian Indian society. May God bless him long healthy live and released from ISA.

Please pass this invitation to all well wishers and supporters. Read More.....

Fong Po Kuan chased out from Dewan Rakyat by unfair Speaker

No transfer for Anwar's sodomy case

Judge S.M. Komathy

The StarKUALA LUMPUR: The Sessions Court ruled that the certificate signed by Attorney-General Tan Sri Abdul Gani Patail to transfer Datuk Seri Anwar Ibrahim's sodomy case to the High Court is invalid. (Please click here to read the Judgment of Judge SM Komathy Suppiah)

Judge S.M. Komathy made this ruling on Friday here.

The judge said she would like to make it clear that “the decision here does not in any way detract or impinge on the absolute authority the A-G enjoys under the federal constitution in the institution and conduct of criminal prosecution”.

She said this case raises a unique situation where it is evident that any involvement by the A-G in this case would seriously undermine public confidence in the administration of criminal justice.

Anwar had on Aug 7 claimed trial to sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium in Bukit Damansara on June 26.

On Sept 10, the prosecution tendered a certificate under Section 418(a) of the Criminal Procedure Code dated Sept 9 requiring the sessions court to transfer the case to the Kuala Lumpur High Court. The certificate was personally signed by the A-G.

The defence protested to the involvement of the A-G in the case for issuing the certificate contrary to the promise given by Prime Minister Datuk Seri Abdullah Ahmad Badawi that the A-G would not be involved at all in this case.

Abdullah gave his promise after Anwar lodged a police report alleging that the A-G and the Inspector-General of Police Tan Sri Musa Hassan were allegedly involved in fabricating evidence during investigations into the “black eye” incident in 1998.

The prosecution had said that it was the AG’s prerogative under section 418(a) of the CPC to issue the certificate and that it was incumbent on the court to transfer the case to the high court.

In arguing that the A-G had the power and discretion to transfer the case, the prosecution added that the Prime Minister, being a politician, could have given the promise to please the people he was addressing and that the same was not binding on the A-G.

In delivering her ruling on Friday, Komathy said, "I must say that the solemn words of the head of the executive of this country on specific and serious matters such as those complained of in this case cannot be trifled with.”

She said the Prime Minister must have given the matter due consideration and must have had the overriding interest of justice and due process of law in giving his word that the A-G would play no part in this case.

Tajuddin of Pasir Salak – “tak sekolah ke?”

(Lim Kit Siang) Before the disgraceful “bastard” episode in Parliament on Wednesday (5th November 2008), the Barisan Nasional (BN) MP for Pasir Salak, Datuk Tajuddin Abdul Rahman was involved in an earlier parliamentary row when I was speaking on the Prime Minister’s Department on how the Biro Tata Negara (BTN) was poisoning the minds of the new generation of public servants with racist, communal and unMalaysian propaganda.

This was Tajuddin’s “tak sekolah ke?” expose.

Many MPs, not only from Pakatan Rakyat but also from BN, have been wondering why Tajuddin had been enjoying immunity not only for showing utter contempt for parliamentary decencies but even for openly challenging the authority of the Chair, as happened on on 29th October 2008 when the Deputy Speaker Datuk Dr. Wan Junaidi Tuanku Jaffar was presiding, and Tajuddin threw the gauntlet:

“Kalau macam ini saya tidak setuju kalau Tuan Yang di-Pertua hendak ambil tindakan kepada saya, ambillah! Betul, ambillah, ambil! Come on. Let’s be fair dengan izin. You dengar ini dengar!”

DAP MP for Bukit Gelugor Karpal Singh was suspended for two days over the “main, main” issue but Tajuddin got away scot-free for unprecedented open defiance to the Chair except to subsequently withdraw the statement.

Anwar Ibrahim di Mahkamah

Mahkamah Sesyen Kuala Lumpur melalui Hakim SM Komathy Suppiah sebentar tadi memutuskan perbicaraan kes Datuk Seri Anwar Ibrahim boleh didengar di mahkamah yang sama.

Menurut hakim, arahan pemindahan kes tersebut yang ditandatangani oleh Peguam Negara, Abdul Gani Patail adalah tidak sah.

Mahkamah menetapkan tarikh 14 November 2008 bagi meneruskan prosiding seterusnya.

PEJABAT DATUK SERI ANWAR IBRAHIM

———————–

The Kuala Lumpur Sessions Court today ruled in favour of Anwar Ibrahim and decided that his sodomy trial would be heard in the same court.

Delivering the ruling this afternoon, judge SM Komathy Suppiah had ruled that the transfer order signed by Attorney-General Abdul Gani Patail was invalid.

The court fixed next Friday for mention.

OFFICE OF DATUK SERI ANWAR IBRAHIM

Kenyataan Media: Pembebasan RPK

—KENYATAAN MEDIA UNTUK EDARAN SEGERA–-
KUALA LUMPUR, MALAYSIA; 7 NOVEMBER 2008

Rakyat Malaysia hari ini meraikan kemenangan dengan bebasnya Raja Petra dari tahanan ISA. Keputusan Mahkamah Tinggi Shah Alam yang tidak berpihak kepada Kementerian Dalam Negeri telah menunjukkan betapa Akta Keselamatan Dalam Negeri sudah usang dan tidak layak lagi digunapakai.

Saya memuji mahkamah kerana berani untuk menjadi benteng pelindung kepada rakyat bila berhadapan dengan kerakusan penguasa. Komitmen hakim tersebut untuk memastikan keadilan terlaksana membolehkan Raja Petra mengecapi kembali kebebasan yang sememangnya menjadi hak rakyat Malaysia.

Keputusan ini membuktikan kerajaan sekarang tidak layak untuk memerintah. Kerana keangkuhan, kerajaan sekarang tidak menghiraukan hasrat rakyat yang mahukan demokrasi, kebebasan dan menjunjung tinggi kedaulatan undang-undang.

Kepimpinan BN terutamanya para menteri kabinet sepatutnya menginsafi kesalahan mereka kerana menyokong penggunaan ISA dan terus menerus bertindak zalim ke atas Raja Petra, individu-individu yang masih ditahan tanpa dibicara dan para keluarga mereka.

Ahli parlimen yang bertindak mendiamkan diri terhadap saranan Pakatan Rakyat yang mahukan wacana serta perdebatan serius bagi menghapuskan ISA, wajar mempertimbangkan semula pendapat mereka. Keputusan mahkamah hari ini membuka peluang buat semua ahli parlimen untuk maju ke hadapan bagi menghapuskan undang-undang kuku besi ini.

Ramai yang masih ditahan oleh undang-undang kuku besi ini, termasuklah ahli-ahli Hindraf dan individu-individu tertentu yang ditahan kerana dituduh terlibat dengan Jemaah Islamiyah. Mereka semua berhak untuk dibicarakan dengan adil. Saya mengulangi gesaan agar semua tahanan ini dibebaskan dan sebarang tuduhan mestilah dibuktikan di mahkamah.

Surat perintah pembebasan RPK

ANWAR IBRAHIM

Continue reading ‘Kenyataan Media: Pembebasan RPK’

"Don't let my hubby rot inside Kamunting"

Triumph against ISA: One out, 65 still inside. (Rocky's Bru) The Court, ordering for RPK's immediate release, has described his the Malaysia Today editor's detention "illegal".
What, does that mean the detention of others still languishing inside Kamunting on the orders of the Home Minister "legal"?

When I heard of the news of RPK's release from Elviza, who was at the Shah Alam court this morning, I wondered about the families of the other detainees. Nuraina Samad, who late Bapak was detained for 5 years throughout Hussein Onn's premiership, called me. Excited. This isn't the first time she's wished that the people of three decades ago had the power they do now to go against the ISA dread.

I got in touch with with Laila, whose beloved husband Mat Sah Mohd Satray s one of the longest-serving Kamunting detainees. I told her about the good news.

"Alhamdulillah", she said. But, at the same time, she's sad. "I Sedih. Nothing much I can do except to compose myself and be steadfast in the struggle.

"Will I be alone?"

Laila's wish:

"I wish there'll be vigils, the MPs will walk their talk, the momentum to abolish ISA will be maintained or raised higher than now. One released but 65 still inside. Plse dont let my hubby rot inside ..."

Excerpts from Malaysiakini::-

Court orders Raja Petra's release

Hafiz Yatim | Nov 7, 08 9:46am

The Shah Alam High Court this morning ruled that the detention of well-known blogger Raja Petra Kamarudin under the ISA was illegal and ordered his immediate release. MCPX Judge Syed Ahmad Helmy Syed Ahmad said that Raja Petra's detention was unconstitutional. He said that the Home Minister had not followed the proper procedure under Section 8 of the ISA to issue the detention order against Raja Petra. The judge also ordered that Raja Petra, editor of the popular 'Malaysia Today' website, be produced in court by 4pm today after which he should be immediately released.

Free RPK: Habeas Granted

We won.

Decision handed down today by Syed Helmy J. Habeas corpus granted, RPK to be released forthwith. He is to be produced before the Shah Alam High Court by 4 pm today to allow the Court to direct the release.

Credit to the Judge, who was fair and judicious in his approach (he disagreed with our argument that section 8 is unconstitutional), the team of lawyers who put their heart and soul into the hearing and our opponents, Tuan Wahab and Tuan Dusuki, who were professional in their outlook and approach.

Malik Imtiaz Sarwar

Touching the heart of Malaysian Race Relations

A Malaysian politician dares to speak truth to power
In one of the most important political speeches delivered in Malaysia in recent years, former de-facto law minister Zaid Ibrahim touched on the heart of race relations when he gave a rendition on the evolving racial politics in Malaysia that has so bedevilled the nation for the past few decades.

Delivering a speech titled "Malaysia – a lost democracy?" at the Law Asia 2008 conference in Kuala Lumpur on October 31, Zaid recounted how “a shining example of a working democracy” founded half a century ago on the principles of democracy and egalitarianism has degenerated into an authoritarian racist state that is now characterized by incessant racial and religious dissension and economic malaise.

When the country achieved independence in 1957, then Malaya was a model of parliamentary democracy, governed under a written constitution “that accorded full respect and dignity for each and every Malayan.” If at all there was a social contract – which should mean the pre-independence consensus reached among the founding fathers representing the various communities – it must be one “that guaranteed equality and the rule of law,” as subsequently reflected in the federal constitution.

The racial riots in 1969 changed the balance of political power, and the United Malays National Organisation, through the enlarged coalition of Barisan Nasional, eventually assumed absolute control of the country. With its coalition partners unable to put up any resistance, UMNO became increasingly racist and the master affirmative action plan known as the New Economic Policy (NEP), which was intended to eliminate poverty and redress economic imbalance, became synonymous with Malay privileges. By the 1980s, UMNO’s supremacist ideology became entrenched and found expression in “Ketuanan Melayu” (Malay supremacy) and it was then that the term “social contract” started to be flashed around to justify its racist conduct.

In parallel with the growth of racism was the steep rise in authoritarianism through amendments to the constitution and tightening a host of repressive laws. The rule of law became so subverted that democracy in Malaysia became history. Read more.....