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In tandem with the rapid fire developments in Perak, the media itself is also being cast an intriguing role. Even whilst it reports, it has become a topic reported about too.
Media watchdogs would be similarly keen to hear the official reasons given on why Suara Keadilan (Feb 4-11) and Harakah (Feb 6-8) warrant seizure. If the ministry could provide an explanation as to what content was deemed unacceptable, then the same set of criteria might be applied to the less than satisfactory mainstream media. As it is, the authorities’ high-handed ban only deprives Malaysians of their right to information, and comparing news coverage with mainstream spin. Police ban on political ceramah in Perak is another obstruction to information dissemination as Pakatan Rakyat has been going on roadshows to clarify how it was toppled, seeing as the coalition has little access or avenues through the much vaunted ‘proper channels’ for their say. Malaysiakini conducted a straw poll asking, ‘Do you agree or disagree with Sultan Azlan Shah in the transfer of power in Perak?’ The survey drew some 40,000 respondents; 88 percent were against the Sultan’s decision. Interestingly enough, 2.4 percent or 932 individuals answered: ‘Don’t know’. Harakah – February edition seized – contained two articles illuminating on a factor that provides food for thought. One was a full page interview with Perak PAS head of information Ustaz Misbahul Munir Masduki who is political secretary to embattled Menteri Besar Mohamad Nizar Jamaluddin. Misbahul revealed that the two PKR and one DAP state assemblymen (Aduns) for Behrang, Changkat Jering and Jelapang respectively had in March 2008 signed a pledge of loyalty to Nizar upon the insistence of Perak Crown Prince Raja Nazrin Shah as a pre-condition for the ruling house installing a Pakatan state government, following the closely fought 12th general election. A page two story in the same Harakah paper quoted Perak PAS state commissioner Ustaz Ahmad Awang as accusing the defecting Aduns of ‘treason’ to the Sultan when they broke their oath of loyalty to Nizar (as contained in the March 2008 written pledge submitted to the sovereign). Raising this moral point throws an ethical dimension into the current debate of legalities and technicalities hotly contended by legal experts and political pundits. BN and Pakatan in Perak are deadlocked at 28 seats each, with three held by the newly declared ‘independents’ – Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong – tilting the balance of power. Only 10 months ago in their undertakings to Raja Nazrin, the trio had promised their support to Nizar and Pakatan. What is to say the same crossover-three’s-company might not present themselves before the royals in, say, 10 months from now with another change of heart? Furthermore, two of the ‘independent’ Aduns are presently dancing a tango with the court on corruption charges and the possibility of having to vacate their seats if guilty still hangs in the air. It is indeed a strange definition of ‘independence’ if these Aduns throwing their lot with BN have assured the palace that they would vote along the ‘dacing’ party line on all occasions. But in any case, blessings had been given Umno to proceed to form a new state government on short order and Umno’s Zambry Abdul Kadir sworn in as Menteri Besar at equally lightning speed. Israel held its election on Tuesday and as I write this, nearly all the votes have been counted. Kadima, the party led by Foreign Minister Tzipi Livni, won 28 seats. Former Prime Minister Benjamin Netanyahu’s party Likud won 27. Well, what do you know? In a previous column in Malaysiakini, I did say Malaysia is somewhat like Israel in some ways. Kadima snagged the largest number of seats but Livni may miss the cut to be appointed Prime Minister. Just like how DAP won the biggest seat total under Pakatan colours (Umno held the most seats as a single party) but its state chairman Ngeh Koo Ham did not get to become Chief Minister. |
Friday, 13 February 2009
You know what the 3 Aduns did last March?
Inquest on “Was Sujatha Murdered?”
Title: Sujatha Case Inquest
Location: Kuala Lumpur Majistrate Court 2 (Criminal)
Description: YB Manikavasagam to attend Sujatha’s Murder Case Inquest at Kuala Lumpur Majistrate Court together with his Lawyer. The Case to be heared by Coroner Mohd Faizi bin Abu
Start Time: 9:00
Date: 2009-02-13
End Time: 13:00
Sujatha, 29, had died under mysterious circumstances on June 25 two years ago at the Tengku Ampuan Rahimah in Klang.
She had worked as a secretary to MIC president S Samy Vellu’s son, Vel Paari in his capacity as chief executive officer of the party’s investment arm Maika Holdings.
The Star reported that Actress K. Sujatha called her uncle two days before she was admitted to the hospital, sounding worried and allegedly telling him there were people trying to harm her.
“Sujatha promised to call me if she needed any help but she never did,” said the businessman, in his 40s, who wished to be known as Selvam.
The 29-year-old woman, who had acted in several Tamil dramas, movies and commercials, died at the Tengku Ampuan Rahimah Hospital in Klang on June 25 of weedkiller poisoning.
Meanwhile Kuala Lumpur CID chief SAC II Ku Chin Wa confirmed with Malaysiakini on Sept 29.2007 that investigation papers have already been submitted to the Attorney General’s Chambers last month. Prosecutors would now have to determine whether anyone would be charged in court over Sujatha’s death or whether police have to probe further into the case.
However, up to date no one been arrested or charged in relation Sujatha’s death. Attorney General’s Chamber yet to decide either she was Murdered or Suicidal. The Case was initially investigated by then Sentul OCPD ACP K Kumaran whom Manikavasagam alleged has close link with accused family.
Suspicious further arose when Sujatha was taken to Klang GH some 40 kms away from where she found unconsious despite Kuala Lumpur General Hospital just within minutes away. It’s Velpari’s Cousin whom treated Sujatha at Klang General Hospital.
Despite 2 years had passed the question whether She was Murdered or Not still remain unanswered. The Silent of AG’s chamber further enhance possibility of High Level cover up.
AG’s Chamber finally decided to setup an Inquest on ” Was Sujatha Murdered” on persistent pressure of Manikavasagam. Though the act seen as Buying Time to let accused fled free, Manikavasagam believe this will surely bring lot of High Profile persons Dark Side out.
In case you weren’t sure... hear it from the people of Perak
IPOH, FEB 12 — If the Barisan Nasional and the Perak royal household had any lingering doubts about negative public sentiment towards the change of the state government, here is a message: doubt no more.
A survey of registered voters in Perak on Feb 8 showed that:
• 74 per cent of the respondents feel that the state assembly should have been dissolved after the defection of the three Pakatan Rakyat lawmakers
• 76 per cent of the respondents felt that the "people, through elections, should decide on who forms the government"
• 62 per cent of the respondents felt that the "role of the palace in this decision" means it does not recognise the will of the people
• 66 per cent of the respondents do not accept state governments formed through the defection of state assemblymen
• 59 per cent of the respondents feel that the political crisis in Perak would decrease support for Barisan Nasional.
Taken together, the poll by the Merdeka Centre suggests that Datuk Dr Zambry Abdul Kadir and the BN may occupy the seat of government but a significant number of Perakians may not accept their legitimacy to hold power.
The political crisis unfolded in Perak when three Pakatan Rakyat legislators became independents and said that they would back the BN.
This wiped away the three-seat majority which enabled Pakatan Rakyat to rule the state since March last year.
After interviewing the three and the 28 BN representatives, Sultan Azlan Shah decided that BN had the majority in the state assembly. This was a controversial decision given that Datuk Seri Nizar Jamaluddin and Pakatan Rakyat felt that the correct decision should have been for the Ruler to allow for the state assembly to be dissolved for fresh elections.
There is a roiling debate even among lawyers on the Sultan's decision, with the majority saying that he should have either agreed to the dissolution of the House or held off making any decision until a vote of no confidence against Nizar was taken in the assembly.
The survey findings indicate that many Perak voters also feel that the Ruler may have erred.
Some 507 registered voters were interviewed by telephone and the sampling was done randomly. The margin of error was about 4.5 per cent.
Western nations slam Malaysia over rights record
GENEVA, Feb 12 — Several Western nations took Malaysia to task yesterday over its treatment of asylum seekers and refugees at an United Nations human rights record review.
Belgium, Britain and the Netherlands were among the nations that expressed “concerns” for refugees and asylum-seekers detained in Malaysia, as they called on Kuala Lumpur to develop legislation that distinguishes asylum seekers from other migrants.
“We note serious problems faced by refugees, migrants and asylum seekers in Malaysia... that is linked to a lack of clarity on their status in the country,” agencies quoted Belgium’s representative as telling the UN Human Rights Council during a universal periodic review session.
Under universal periodic review, all 192 member states of the United Nations have their human rights record vetted by the council once every four years. The session is based on three reports, one submitted by the country under review and two summaries compiled by the UN Office of the High Commissioner of Human Rights.
The high commissioner’s report noted the lack of national legislation on refugees as well as absence of laws on the rights of migrant workers.
In addition, it said, “many asylum seeking and refugee children, among them Muslim children from a nearby country, including the Rohingya refugee children who had lived in Malaysia since 1990s, lacked access to formal education”.
Malaysia’s foreign ministry secretary-general Tan Sri Rastam Mohd Isa said in his opening remarks that Malaysia prosecutes only refugees who have committed crimes.
Foreign workers are accorded the same rights as local workers, and the rights of illegal immigrants are protected, he told the council.
Human rights groups have accused Malaysia of mistreating millions of foreign workers who live there, as well as asylum-seekers, including thousands from nearby Myanmar, which is under military rule.
Human Rights Watch had singled out Malaysia’s Rela for allegedly beating, threatening and extorting money from migrants and asylum-seekers.
During the session, Chile and France also encouraged Malaysia to eliminate discrimination due to sexual orientation and to “respect the human rights of all individuals, including homosexuals”.
Selangor scrambling to quash rumours of defections
By Neville Spykerman-The Malaysian Insider
SHAH ALAM, Feb 12 — After losing Perak to cross-overs, Pakatan Rakyat is scrambling to quash rumours of defections in Selangor as their Port Klang assemblyman Badrul Hisham Abdullah battled that perception and allegations of being arrested for khalwat (close proximity)
However, the PKR assemblyman, who is known to be elusive even to his constituents, strongly denied all the allegations of khalwat and jumping to Barisan Nasional.
“The rumours are not true. I am fully committed to PKR and continuing my work as an assemblyman.” said Badrul Hisham, who is considering legal action against the media who falsely reported that he was defecting.
He disclosed that he had met with the PKR leadership to explain his stand and promised to improve his weaknesses in the country’s richest and most industrialised state.
Meanwhile Menteri Besar Tan Sri Khalid Ibrahim is scheduled to meet all Pakatan Rakyat MPs and assemblymen for a dialogue at his official residence in Shah Alam tonight amid swirling rumours of defections. He is expected to get everyone to commit to the electoral pact comprising PKR, DAP and Pas.
While Badrul Hisham has confirmed his attendance, Kapar MP S. Manikavasagam told The Malaysian Insider that he would be staying away, ratcheting up the dispute he has with Selangor Pakatan Rakyat and his disappointment with Khalid.
“I am staying away for personal reasons which is mainly my disappointment with the state leadership,” he said but confirmed he had no intention of leaving PKR to turn independent as he had threatened at the end of 2008.
“I know people will talk and continue to speculate on my allegiances but my dispute is only with state leadership and not with the party,” Manikavasagam said.
Party insiders told The Malaysian Insider that the federal lawmaker felt slighted over what he viewed as the state leadership’s discrimination against him.
At the crux of the matter is funding.
Kapar is the largest constituency in the country yet Manikavasagam has not received direct funding from either the state or the Barisan Nasional federal government.
Only Pakatan Rakyat state assemblymen are entitled to funds for small projects from the state while only Barisan Nasional MPs receive allocations from the federal government.
He is also sore at the state’s leaderships for dragging their feet on outstanding issues affecting his constituency.
The move to snub tonight’s meeting will further strain Manikavasagam’s relationship with the state’s leadership but it will have no impact
on the electoral pact’s hold over Selangor.
With 36 seats to Barisan Nasional’s 20 in the state assembly, the Selangor Pakatan Rakyat government is stable at least for now.
Senior cop accused of being a ‘compulsive liar’ in RPK trial
By Debra Chong-The Malaysian Insider
PETALING JAYA, Feb 12 – A key witness in the sedition trial of controversial Malaysia Today blogger Raja Petra Kamarudin was accused of being a “compulsive liar” in court today.
The chief investigating officer, Superintendant Gan Tack Guan, who had made a police report against Raja Petra last year after reading the latter’s online article, “Let’s Send The Altantuya Murderers To Hell” which sparked the charge, returned to the witness stand this morning.
Gan was subjected to a barrage of questions by defence lawyer Gobind Singh Deo over his findings about the claims made by Raja Petra on the alleged role played by Abdul Razak Baginda in the sensational murder of Mongolian model Altantuya Shaariibuu.
Razak Baginda is a political analyst and said to be a close friend of Deputy Prime Minister Datuk Seri Najib Tun Razak. He was charged with abetting two police officers with killing Altantuya. The Shah Alam High Court acquitted him of the crime last October.
Last Tuesday, Gobind had cross-examined Gan in an attempt to establish that the sedition charge against Raja Petra — popularly known by his initials RPK — was “politically motivated”.
Picking up from where he left off, Gobind continued to question the former along the same vein.
However, Gan appeared to have difficulty in answering to Gobind’s satisfaction, particularly when the latter pressed him on his investigation regarding a photograph said to feature Najib together with the murder victim at her birthday celebration in a hotel in Singapore.
“I put it to you, you are in no position to say Najib Tun Razak did not attend Altantuya’s birthday party at the Mandarin hotel in Singapore as alleged,” Gobind suggested.
“I disagree,” Gan replied.
“You agree with me it would have been easy for you to confirm this by merely asking Datuk Seri Najib Tun Razak?” Gobind asked.
“I disagree,” said Gan.
“Why disagree? Is it difficult to ask Datuk Seri Najib questions?” Gobind pushed.
“This issue arose on the website on April 25 and the witness that gave the testimony did not show the picture on the issue,” Gan, who is the Interpol National Centre Bureau assistant director based in Bukit Aman, countered.
“But you never asked her for a copy of the photograph, Superintendant?” Gobind asked, referring to a Mongolian witness in the Altantutya murder trial, Burmaa Oyunchimeg who had supposedly produced the visual record.
“We did ask but she did not produce,” Gan answered.
“Did you personally ask her?” Gobind interrogated.
“I can’t remember because it was not brought up in the case,” Gan replied, before adding: “I think yes.”
Gan’s slow response and cumulative vague replies to Gobind’s blunt interrogation seemed to annoy the defence lawyer, leading to a minor outburst.
“Make up your mind. You remember or not asking her?” Gobind thundered.
“Yes,” said Gan.
“I put it you, you are lying that you asked the witness for the photograph. You are a compulsive liar,” Gobind asked pointedly.
“No,” Gan stated.
Gobind’s inquisition was halted for the day before he could obtain an answer to the significance of the controversial photograph said to feature Najib and Altantuya together.
He had sought permission from Sessions Court judge Justice Rozina Ayob to introduce several documents from the Altantuya murder case into Raja Petra’s sedition trial.
But the judge ordered him to validate the documents first and adjourned the trial to April 23 and 24.
Meanwhile, Raja Petra, who has been slapped with multiple lawsuits, will return to the dock at the Kuala Lumpur High Court tomorrow for his criminal defamation charge.
Pakatan hits out at judicial leaks
By Lee Wei Lian-The Malaysian Insider
IPOH, Feb 12 — Pakatan Rakyat senior state executive councillor Datuk Ngeh Koo Ham today slammed a New Straits Times report quoting judicial sources that called its suit to declare vacant two state seats a “political ploy”, saying it was unacceptable for judicial services to leak information.
The report quoted the judicial sources as saying the suit filed by Pakatan Rakyat last week to prevent Barisan Nasional form taking over the state “was nothing but a mere eye wash to appease its supporters” and contained flaws to blame delays on the courts.
Responding to the allegations, Ngeh said Pakatan Rakyat has never accused the courts of any delay and that it was “untenable if the judiciary is leaking information”.
“If any supporting documents are needed, they must ask the applicant,” Ngeh told The Malaysian Insider.
“Based on the story in the NST, it looks like they have pre-judged the case as irregular. It creates an impression that they are leaking things out and that the court wants to be political.”
Ngeh also said if the sources are judges, they should be sacked. “Judges are not supposed to express views until they have heard both sides,” he pointed out.
The New Straits Times report quoting sources said the courts could not proceed with Pakatan’s civil suit based on the following grounds:
- No supporting affidavit was provided. Sources said that without an affidavit to support the originating summons (OS), the deputy registrar was not able to set a hearing date.
- No certificate of urgency was attached to the OS for the High Court to hear the matter urgently.
- Plaintiffs failed to extract sealed copies of the OS to be served to the three respondents. Until the copies are extracted and served, the High Court may not proceed with a hearing.
“There is no way the High Court can proceed given the flaws in the case,” the judicial sources said.
Ngeh responded that there was nothing legally wrong with the documents.
“Because of the urgency, we filed applications without affidavits because affidavits can be filed within 14 days,” he disclosed.
“The certificate of urgency can be filed anytime as and when necessary when we need to be heard immediately.,” the Perak DAP chief said, adding a Pakatan legal team had advised to stay the suit after it was filed last Friday.
“This speculation that we accuse the court of delays is purely a creation of parties out to damage the image and reputation of Pakatan Rakyat.
“The judicial’s role is to hear both sides before making a decision. The sources are disseminating a pre-judged opinion to the media which may border on contempt of court. I urge the chief justice to investigate the matter,” Ngeh said.
Pakatan claims unelected advisors ‘invaded’ Perak government
By Lee Wei Lian-The Malaysian Insider
KUALA LUMPUR, Jan 21 — The Perak Pakatan Rakyat today claimed Barisan Nasional broke the law by appointing two unelected non-Bumiputeras in the state executive council in its attempt to plug a gap in ethnic representation in the overly Bumiputera coalition
Still reeling from defections that toppled it from the silver state, Pakatan Rakyat lodged a report with the Malaysian Anti-Corruption Commission (MACC) over Menteri Besar Datuk Zambry Abdul Kadir’s move to appoint three advisors for ethnic and religious affairs and an information chief with state executive councillor status.
The Perak Barisan Nasionalis dominated by Bumiputeras with 27 from Umno and one from MCA. Three independents, who crossed from Pakatan Rakyat, have expressed support for Barisan Nasional in the 59-seat state assembly.
“The Perak government has been invaded by unelected people,” Pakatan Rakyat’s senior executive councillor Datuk Ngeh Koo Ham said in explaining the report with the MACC.
He said it was against the law to appoint advisors with executive councillor status, adding the advisors were brazen enough to occupy the office without being elected.
“BN is a law unto themselves. I feel ashamed for them,” Ngeh said.
In the report lodged by Perak DAP secretary Nga Kor Ming, the coalition complained Zambry’s move was illegal under the Perak state constitution and would cost the state an extra RM960,000 in emoluments a year when the world was in an economic crisis.
Perak’s Pakatan MB sues BN’s MB in KL tomorrow
The most talked about politician in Malaysia today… Datuk Seri Nizar Jamaluddin
IPOH, Feb 12 — Datuk Seri Nizar Jamaluddin, who maintains he is still Perak mentri besar, will file suit tomorrow to declare illegal the government of Datuk Zambry Abdul Kadir, who was sworn-in by Sultan Azlan Shah last week in what has become a major constitutional quagmire.
The lawsuit will be filed at the Kuala Lumpur high court at 11.30 am.
Asked to rate his chances of winning the lawsuit, Nizar replied: “Our chances are very strong. Surveys show that 97 per cent of the rakyat want us back.”
At a press conference here today, the Pakatan Rakyat leaders declined to disclose specific reasons for filing the lawsuit in Kuala Lumpur instead of Ipoh other than saying that it was decided based on advice from their team of 12 lawyers.
Nizar urged members of the public who wished to gather in court tomorrow to show support for his government to exercise restraint and respect.
The mentri besar of the PR state government also said that he will leave his official residence in seven to ten days, marking the end of PR’s increasingly futile strategy of using the residence as a symbol of their legitimacy and the start of the legal phase of their struggle to be recognised as the rightful government of Perak.
Nizar said that he would move out, perhaps to a rented premise.
He stressed however, that the move was simply to abide by a letter that will be sent to him by the state secretariat to vacate the house. The move however, does not mean that PR has conceded the government. He said that he still considers the BN Perak state government illegal and his administration to be the rightful government.
He added that PR will continue to administer the state from the various party headquarters.
When asked if Zambry would be able to move in, Nizar said that if Zambry is “thick skinned enough to do so, it is his perrogative”.
Senior PR executive councillor Datuk Ngeh Koo Ham explained that the decision was made in order to avoid attracting trouble even though they consider Nizar to be the rightful occupant of the official residence.
“As the rightful government, we feel we are still entitled to benefits but for the sake of the people, we do not want to create an ugly scene or unruly behaviour. We respect the law and the constitution. We would like the courts to take due course (to declare Pakatan Rakyat as the legitimate government).”
The Toyota Camry cars belonging to the state executive committee members will also be parked at the official residence beginning February 14. The state executive committee members will resort to other modes of transport.
“Public transport or motorcycles,” joked Nizar.
Nizar said that the cars will be parked there instead of at the state secretariat as he feels that is the proper place for state assets.
Patriotism and Hate-Speeches are Different Things
By Farish A. Noor
Nothing stirs the humbug soup better than spurious talk of patriotism and loyalty. The saddest thing of all is that more often than not whenever there is the rallying call to demonstrate one’s patriotism and to show one’s love for the nation, it comes from the most narrow-minded, chauvinistic and intolerant quarters of society.
This was demonstrated in Malaysia recently when political differences between the ruling National Front coalition led by the UMNO party and the opposition People’s Alliance (Pakatan Rakyat) spilled out onto the streets. In the wake of the take-over of the state assembly of the state of Perak by the National Front, several politicians of the People’s Alliance – including veteran opposition politicians like Karpal Singh of the Democratic Action Party and the former Chief Minister of the state Nizar Jamaluddin – cried foul over the means that were used to wrestle control of the state assembly from their hands. Complicating matters was the role of the Sultan of Perak who chose not to dissolve the Perak Assembly but instead allow for a new National Front-led state government in a matter of days.
Now from the wider perspective of world politics, the goings-on in the state of Perak somewhere in North Malaysia may not have even registered a blip on the international news radar. Indeed, years from now the historian may write on the episode and sum it up in one sentence, as an instance of power changing hands in a controversial manner.
But what is alarming was the reaction of the Youth Wing of the UMNO party that reacted to the protests of the opposition party leaders by condemning them for having the temerity to question the process and the role of the Sultan in the debacle.
Among the leaders of the UMNO Youth Wing who were present to further complicate the situation was Khairy Jamaluddin, son-in-law of the Prime Minister Abdullah Ahmad Badawi who is stepping down from his post as Prime Minister by March this year. Speaking before a crowd of his loyal fans and supporters, Khairy was reported to have asked them “in the past, what did we do to traitors?” – to which they replied “Kill them!”
That chants for death and vengeance can be made in public like this and at a demonstration led by a politician said to have been educated at Oxford suggests that Malaysian politics has reached a new low of late. For a country that once aspired to attain ‘first world status’ and a ‘first world mentality’ – to quote Prime Minister Badawi, father-in-law to Khairy himself – there seems little to suggest that Malaysian politics today has evolved any further than the sorry standards of Bantuland.
When right-wing conservative politicians lead rallies that end with chants for death and retribution, we know that the normative operational rules of democratic politics have been breached and that we are now on a different playing field altogether. One is reminded of the hate-speeches of the Nazis and Fascists of Germany and Italy who likewise claimed the values of Patriotism and love of the nation as exclusively theirs; and who decried and condemned their opponents as the enemies of the state, worthy of banishment, exile, persecution, imprisonment and ultimately death.
Likewise we have seen the same sorry state of affairs in many an other failed state and dysfunctional polity where the democratic process is all but redundant and the rule of law usurped by the might of thugs and squads of goondas instead. Indonesia and the Philippines during the era of Suharto and Marcos witnessed the use of such right-wing stormtroopers who hounded the political enemies of their paymasters; and who were later responsible for a host of attacks, killings and disappearances. In Pakistan, Zulfikar Ali Bhutto contributed to the slide in law and order when he too created his own para-military force to serve the interests of himself and his party; but which ultimately helped only to erode even further the credibility of the state and the process of law in the country.
Is Malaysia heading down the path of these countries too, then? Well thus far it can be surmised that an education at Oxford – sponsored or self-financed – certainly does not serve as a guarantee of a democratic outlook or a mature mindset. Had this been the behaviour of spotty teenagers suffering from hormonal imbalance, one could have dismissed the demonstrations in Perak as a case of stupid boys doing what stupid boys do. But this was a demonstration organised by a political party, led by an aspiring politician, who was savvy enough to realise the full import and gravity of the words he uttered, and cognisant of the emotional effect they were bound to have.
Hate speech is hate speech, even if it is cloaked in the guise of a misguided patriotism. The pressing need at the moment is for Malaysians to reclaim the value and meaning of patriotism again, and not let it be defined solely by those who equate patriotism with love of themselves, their party or their political interests. Should that come to pass, then hope will surely be lost.
Rulers can be sued - are judges, lawyers, law professors/lecturers to be charged for treason?
The police questioned DAP National Chairman Karpal Singh for two hours yesterday in connection with 89 reports which had been lodged against him nationwide for being disrespectful to the Sultan of Perak over the most simple proposition – that rulers in Malaysia’s system of constitutional monarchy can be taken to court in their official capacities.
This is the height of nonsense in the police and the Home Ministry!
Are all the law professors and lecturers in the Malaysian universities and colleges going to be questioned by the police for the crime of treason for teaching their students that rulers can be sued in court for their official capacities?
Are all the judges and the lawyers in the country going to be charged for treason for holding that rulers can be sued in their official capacities?
The Home Minister, Datuk Seri Syed Hamid Albar and the Inspector-General of Police, Tan Sri Musa Hassan should be fully aware of this simple legal proposition or they are simply not fit to continue for a single second in their high positions and in Hamid’s case, everyone must wonder how he got his law qualifications in the first place!
Why then are Hamid and Musa condoning and pandering to such criminal activities in lodging false police reports against Karpal, which under section 182 of the Penal Code, are crimes, as the offence of “false information, with intent to cause a public servant to use his lawful power to the injury of another person”, is liable on conviction to a penalty of six months’ jail, RM2,000 fine or both.
All the 89 persons who had lodged police reports against Karpal had committed the offence of giving false information under Section 182, and the police should have opened investigations to prosecute them, instead of questioning Karpal.
The “illegitimate” MCA Perak State Exco member, Dr. Mah Hang Soon is one of the 89 who should be investigated by the police and prosecuted under the Penal Code, for he had joined the Umno and Umno Youth extremists in lodging a false report against Karpal in his capacity as Perak MCA Youth leader.
The illegitimate MCA Perak Exco member and the other 88 who had lodged false reports against Karpal cannot be such simpletons that they do not know the law that rulers in Malaysia can be taken to court in their official capacities.
If they still have doubts, the illegitimate MCA Perak Exco member and the other miscreants need only refer to the article by Dr. Shad Faruqi, Professor of Law at UiTM, in the Star yesterday, “Legal turmoil over Perak defections” where he concluded:
Treason: Opinions are being expressed that to defy the Sultan and to threaten to go to court for defence of one’s legal rights amount to treason and a ground for deprivation of citizenship. There are fundamental misunderstandings here.
From day one of Merdeka, the King and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away.
In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do, if one has a claim?
Ignorance of the law is however no defence for the commission of any crime. It may go to mitigation, and only if Dr. Mah and the other 88 are prepared to immediately admit remorse and withdraw their false reports forthwith.
Hamid and Musa have again made Malaysia into an international laughing stock. When are they going to make immediate amends?
If Hamid and Musa are not prepared to take immediate action against the 89 (including Dr. Mah) by opening police investigation papers against them, is the Attorney-General Tan Sri Gani Patail who is currently overseas, prepared to restore public confidence in the impartiality and professionalism of the law enforcement agencies by instituting criminal prosecutions against the 89 troublemakers the first thing he returns to his duties?
M'sians rebuff power grab
 |  | The Merdeka Centre research firm said that 66 percent of Perak residents it surveyed disapproved of using defectors to form a new government. -- PHOTO: AFP |
The by-elections, one for a seat in national parliament and the other for the state assembly in Kedah, are being seen as a referendum on the Barisan Nasional coalition's conduct in Perak state.
A new Barisan Nasional leadership was sworn into power there this week, despite objections from the Pakatan Rakyat opposition alliance, which lost its narrow majority when it was hit with four defections.
The Merdeka Centre research firm said that 66 percent of Perak residents it surveyed disapproved of using defectors to form a new government.
Seventy-four per cent of the 507 respondents said the assembly in Perak should have been dissolved and the people allowed to select a new government through a vote.
In a rare display of displeasure towards the state's highly respected sultan, who ordered the Pakatan government to quit, 62 per cent said his handling of the case 'does not reflect the will of the people of Perak'.
The findings came as the government prepares for a bruising contest over the national parliamentary seat in Perak, and the seat in the state assembly in far-northern Kedah state, which have both become vacant.
The opposition has said the votes will be a test of the Barisan Nasional's popularity and its conduct in Perak, where public protests greeted the installation of the new government.
Merdeka Centre pollster Ibrahim Suffian said however it was too early to gauge sentiment for the upcoming votes, which the Election Commission will fix dates for on Friday.
'Kedah is far away so we are not sure whether the sentiment is the same. Bukit Gantang (the Perak electorate) is in the same state but we won't know how far-reaching its impact until we conduct a separate survey,' he told AFP.
Barisan Nasional has been humiliated by the loss of two by-elections since putting in a dismal performance in general elections last March, and will be looking to prove it can claw back public support.
The votes are also a chance for the opposition alliance to re-assert itself after the loss of Perak, which triggered calls for opposition leader Anwar Ibrahim to quit. -- AFP
Banting Raja, captured on Tuesday, is a seasonal criminal
The Star, Feb 12 2009
SEPANG: One of Selangor’s most wanted criminals, Banting Raja, who was captured during a lorry hijacking on Tuesday is a seasoned criminal involved in at least 14 cases.
The criminal who is from Kuala Langat is wanted for numerous offences that included house break-ins, armed robberies and hijackings.
An accomplice who was caught along with him has seven past criminal cases.
The two were caught after their position was given away by a tracking system in the trailer.
The men, both 44, had hijacked the trailer, laden with plastic pellets and steel coils worth around RM150,000, at the Dengkil rest and recreation area at 3.20am, as its driver was sleeping.
The suspects smashed the driver’s side window with an iron rod before threatening the driver.
They then tied him up and put him in the back before driving off.
However, a lorry driver who witnessed the incident notified the police.
Police personnel from Sepang, Negri Sembilan and Alor Gajah intercepted the trailer at the 205th kilometre of the Alor Gajah road at around 5.30am.
Banting Raja and his accomplice tried to make a run for it, but were overpowered after a brief struggle.
Selangor police chief Deputy Comm Datuk Khalid Abu Bakar said yesterday that police suspected the trailer driver may be involved in the hijacking and had remanded him.
**********
2009/02/12
Two former cell mates see their hijacking plans unravel
SEPANG: While they were at the Simpang Renggam detention centre last year, they planned several hijacks.
Just over an hour later, police nabbed both men and recovered the lorry laden with plastic pallets and metal coils they had hijacked.
The duo, nicknamed "Banting Raja" and "Raja", were armed with parang and had taken the lorry at the Dengkil rest area of the North-South Expressway (NSE) at 3.20am after tying up the driver and putting him behind the driver's seat.
However, several people witnessed the incident and alerted police. The company which owned the lorry was also informed and tracked the vehicle using a global positioning system.
Selangor, Malacca and Negri Sembilan police mounted a joint ambush at Km205 of the NSE and nabbed the duo.
Sources said Banting Raja, 45, made a name for himself as a ruthless gangster in Banting. He had 14 previous convictions for various crimes.
Raja, 44, is from Kluang, Johor and has seven previous convictions.
He had been sent to the Pulau Jerejak penal colony for involvement in secret societies.
Sources said both men had been detained in Simpang Renggam last year and struck up a friendship.
Banting Raja was released in July last year while Raja was released in December.
Following their release, both men decided to put their plan into action.
Selangor police chief Datuk Khalid Abu Bakar said yesterday the lorry driver, 38, had also been detained to help with investigations.
All three men have been remanded until Feb 16.
The Plight of The Rohingya.
—PRESS STATEMENT FOR IMMEDIATE RELEASE —
Petaling Jaya, 12th February 2009.
Today we witness once again the unfolding of the consequences of the oppression of men by men. Oppressed peoples have the misfortune of being arbitrarily isolated from their own societies and rendered into minorities by a stroke of the pen in the hands of their erstwhile political overlords, the military junta.
The Muslims of Rohingnya are stark reminders of this unfortunate twist of historical fate.
With their plight ignored and their pleas for help falling on deaf ears, the Rohingya Muslims brave the high seas in search of a new tomorrow. The doors of Myanmar, their own homeland, are shut on them, the harbours are closed and their women are raped.
On this occasion, let us step back and reflect on the suffering of Rohingya. We call on the powers that be to take quick and decisive action to help alleviate their plight. Countries in Asean, neighbours of Myanmar as well as multilateral institutions can no longer remain oblivious to the humanitarian tragedy that is unfolding before their very eyes.
ANWAR IBRAHIM
PM Wants JPA To Make Dynamic Changes
PUTRAJAYA, Feb 12 (Bernama) -- Datuk Seri Abdullah Ahmad Badawi urged the Public Service Department (PSD) to make dynamic changes, not only to its policy, but also in terms of services rendered to the public.
The Prime Minister said the PSD cannot remain contended but rather must start innovative and creative ways to enhance the quality of services and delivery system in line with the needs of the rakyat.
He added that the process of shoddy work and non-friendly services to the public must be reviewed and improved so that such services will become client oriented and friendly.
The requirement, challenges and needs of today have changed drastically and are far more different from the challenges faced 75 years ago because we have a more learned society with high expectations for quality, effective and prompt services.
"Globalisation also requires a country to be competitive and the private sector expects the PSD to provide a conducive business environment to remain competitive," he said after launching JPA's 75-year Diamond anniversary celebrations at the Putrajaya International Convention Centre (PICC) here today.
Abdullah also launched a book titled "Kuasa Tak Ketara, Pengaruh Tak Diheboh" which reflected the contributions made by former PSD director generals.
Also present at the ceremony were Melaka Chief Minister Tun Mohd Khalil Yaakob, Chief Secretary to the Government Tan Sri Mohd Sidek Hassan and PSD director general Tan Sri Ismail Adam.
The PSD was formed on Aug 22, 1934 in Singapore with the consent of the Malay Rulers and was then called Malayan Establishment Office before moving to Kuala Lumpur in 1954 and known as the Federation Establishment Office.
In 1967, its name was again changed to Establishment Office of Malaysia and on Aug 15, 1968 given the name Public Service Department.
Abdullah said since PSD has a very important role in moulding effective service personnel, its relevance was paramount to the country's success.
He said a PSD personnel must have a recognisable criteria in projecting a public service character that differs from the rest. It would not be suffice to have high qualifications, expertise and knowledge without good governance, human and ethical values in providing public services.
Malaysia's public services are comparatively better than many countries, especially in terms of job opportunities, salary, allowances and bonuses, he said.
As a former PSD staff, Abdullah expressed gratitude to the department for providing comprehensive training which has since become an asset for him in dispensing his duties today.
"I am very happy to be appointed a government officer and placed under PSD which is the best place to be and learn the do's and don'ts of public service" he said.
Abdullah also urged young PSD officers in service, to study the values of their job and responsibilities well and use their term in PSD to provide efficient services to the community and country.
Thursday, 12 February 2009
Two court cases test online free expression Call for charges to be dropped.
(Full TItle) Two court cases test online free expression. Call for charges to be dropped against blogger “RPK” and Hindu rights activist Uthayakumar
Reporters Without Borders calls for the withdrawal of the charges against blogger Raja Petra Kamaruddin, also known as “RPK”, and human rights lawyer P. Uthayakumar, whose cases were heard in appeal hearings yesterday before the federal court in Putrajaya, the country’s highest court. Both Kamaruddin and Uthayakumar have run afoul of the draconian Internal Security Act (ISA), under which suspects can be held for two years without trial.
“Both RPK and Uthayakumar are victims of a law that openly violates the right to free expression,” Reporters Without Borders said. “RPK spent 56 days in detention at a minister’s pleasure. Uthayakumar is still being held in this manner in appalling conditions, and has been so for the past 426 days. If the judicial system dared to question what has happened, it would demonstrate some impartiality. We hope it can rise to the challenge posed by these cases.”
Kamaruddin’s case was postponed yesterday until 17 February at the request of his seven lawyers, who have challenged the partiality of one of the three judges, Augustine Paul. At the next hearing, a new panel of judges will consider the interior minister’s appeal against a 7 November high court decision to free Kamaruddin, who had been held at the minister’s behest following his arrest on 12 September under article 73 (1) of the ISA for allegedly spreading confusion and insulting “the purity of Islam.”
Kamaruddin edits the Internet Malaysia Today website (http://mt.m2day.org/2008/), in which he often criticises government policies. There are two other cases currently pending against him, one on a charge of defamation, and the other on a sedition charge. An hearing in the defamation case is to be heard before the Kuala Lumpur high court tomorrow.
The federal court in Putrajaya yesterday rejected a request for the release of Uthayakumar for the second time. Held under the ISA since 13 December 2007, his case was heard at the same time as those of four other members of Hindu Rights Action Force (Hindraf).
Uthayakumar is accused of violating the ISA by posting a letter he wrote to British Prime Minister Gordon Brown on his website asking Brown to support a UN security council resolution condemning the Malaysian government’s “atrocities” and “persecution” of the country’s Hindu minority and referring the case to the International Criminal Court.
Reporters Without Borders reiterates its call for the release of Uthayakumar, who is diabetic and has been mistreated while in detention.
“Throughout these 14 months of my imprisonment under the ISA, my health condition has deteriorated,” he wrote in an open letter on 10 February that was posted online. “Sometime on or about January 2008, I believe I had suffered a silent heart attack at a time when I was denied my diabetic medication (...) sugar is being added to my food from time to time.”
Original article: http://www.rsf.org/article.php3?id_article=30288
Karpal stays out of suit team
(NST) Lawyer Karpal Singh will not feature in the legal team that is to institute action to challenge the dismissal of Datuk Seri Mohammad Ni- zar Jamaluddin as Perak menteri besar.
Karpal, who is also DAP national chairman, said this was because Pakatan Rakyat leaders, including Datuk Seri Anwar Ibrahim, felt that the Sultan of Perak, Sultan Azlan Shah, ought not to be taken to court."I refuse to take part, although I was invited to be in the legal panel. I firmly believe that the sultan should be named as party to the action," he said outside the Federal Court yesterday.
Karpal appeared in court for the five Hindu Rights Action Force (Hindraf) leaders who were detained under the Internal Security Act.
He said the head of state could be taken to court in his official and private capacity following amendments to the Federal Constitution in 1993.
"I am sure the sultan knows what I am saying. There is nothing unlawful, treacherous or disrespectful," he said, adding this matter was something elementary that even a first-year law student knew.
Karpal said an aggrieved party had 40 days from Feb 6 to file leave for judicial review in the High Court to commence action.
He said he would not be intimidated by the numerous demonstrations by Umno Youth members nationwide.
"Let me warn Umno. Don't push me. I will not bow to their pressure."
Pakatan to sue later, lodges MACC report
Pakatan Rakyat lawyer Leong Cheok Keng said the suit, declaring the swearing in of Zambry last Friday as unconstitutional and illegal, could not be filed as the team of lawyers was rushing to complete legal documents.
He said it will be filed at the Kuala Lumpur High Court later and not Ipoh "so as not to cause embarrassment to the judges" in Perak.
Leong added that Zambry would be named as the sole respondent by Pakatan Rakyat Perak Menteri Besar Datuk Seri Mohd Nizar Jamaluddin.
Nizar has refused a royal command to resign from the post after three Pakatan Rakyat lawmakers turned independent and expressed support for Barisan Nasional last week, leaving both coalitions with 28 seats each in the 59-seat state assembly. Sultan Azlan Shah appointed Zambry based on the support of the three defectors.
Earlier today Perak DAP secretary Nga Kor Ming lodged a report with the Malaysian Anti-Corruption Authority against Zambry for appointing three advisers and a state information chief with executive councillor status.
Nga, who was a Pakatan Rakyat Perak state executive councillor, claimed the appointments were illegal under the Perak state constitution and would cost the state RM960,000 in emoluments a year.
The four appointmens are Datuk S. Veerasingam who will be adviser for Indian affairs while Datuk Chang Ko Youn will be Chinese adviser. Kapten Datuk Haji Mohd Najmuddin Elias Al-Hafiz is adviser on religious matters and Datuk Hamdi Abu Bakar as state information chief.
When the economy is bad, throw out the NEP... again
KUALA LUMPUR, Feb 12 — It happened during the gut-wrenching recession in 1986. It happened again during the Asian financial crisis in 1998. And now with the world in the throes of a severe economic crisis, the government is mulling the possibility of suspending aspects of the New Economic Policy.
Government officials told The Malaysian Insider that the affirmative action policy could be held in abeyance for one or two years depending on the severity of the impact of the crisis on the economy.
In 1986, the Mahathir administration surprised many when it suspended the implementation of the NEP, hoping the move would invite the flow of foreign investments needed to kick start an economy badly hit by the drop in commodity prices.
Tun Dr Mahathir Mohamad returned to the same playbook in 1998 when the currency crisis in the region sent the economy into a tailspin.
Government officials say that many elements of the original NEP — a policy set in place by Tun Abdul Razak and aimed at eradicating poverty and restructuring society — have been dismantled over the years.
But the view among foreign and domestic investors is that a cornerstone of the policy — which makes it necessary for Bumiputeras to own 30 per cent equity — makes Malaysia a less attractive place to do business than Vietnam, Indonesia, Singapore or Thailand.
The move to suspend the NEP is among a slew of measures — structural and fiscal — being considered by the government to breathe life into an economy which is slowing.
Export figures for December to be released today will show an economy grinding to a halt. The Malaysian Insider understands that fourth quarter growth is likely to be just over 1 per cent and economists believe that the government will have to cut its forecast of growth for 2009 from 3.5 per cent to 0.4 per cent.
The government is also re-examining the role of the Foreign Investment Committee, a committee which approves investments by foreigners in Malaysia. Top banker Datuk Nazir Razak recently said that Malaysia must review its race-based economic policies if it hopes to rein in political discontent and regain competitiveness.
He noted that the NEP had damaged national cohesion and hindered investment. “It is timely to examine the NEP, look at how the NEP retards national unity, investments and economic efficiency and develop a new, more relevant framework for economic policy-making,” said Nazir, who is chief executive officer of Malaysia's second largest bank CIMB.
The NEP was designed in 1971 after race riots to narrow the wealth gap between the majority Malays and the richer ethnic Chinese.
Critics say the NEP has enriched those businessmen who are politically connected and encouraged cronyism and corruption in the coalition that has ruled Malaysia for 51 years.
Political analysts have said that Nazir's comments would carry weight with his brother, Datuk Seri Najib Razak, the country's incoming prime minister.
Rights group says UN should rebuke Malaysia
KUALA LUMPUR, Feb 12 — A global human rights group urged UN member countries on Tuesday to rebuke Malaysia for allegedly imprisoning dissidents and mistreating migrants.
Human Rights Watch said in a statement the UN’s Human Rights Council should take a “long, hard look” at Malaysia’s rights record at its review in Geneva yesterday. It will be Malaysia’s first review by the council, which evaluates member countries every four years.
“Countries should call Malaysia to account for failing to address abuses against migrants and refugees and for its continuing use of preventative detention,” the group’s deputy Asia director, Elaine Pearson, said.
The group said UN members should challenge Malaysia to repeal the decades-old Internal Security Act, which allows the government to indefinitely detain those deemed a threat to national security without trial.
More than 45 people — most of them terror suspects but also five ethnic Indian activists — are still held under the Act. Last year, an opposition lawmaker, a blogger and a journalist were also briefly detained under the law.
The government insists the Act is necessary to maintain stability.
New York-based Human Rights Watch also said Malaysia fails to protect migrant labourers, who make up more than 2 million of the country’s 11 million-strong work force, from physical abuse, unpaid wages and long working hours.
Malaysian officials could not immediately be reached for comment on Tuesday. — AP
Anwar wants committed candidate for Bukit Selambau
KUALA LUMPUR, Feb 12 — Alluding to the scramble among allies for the Bukit Selambau state seat in Kedah, Datuk Seri Anwar Ibrahim said Pakatan Rakyat needed a committed candidate who will not easily sway to bribery or threats.
"The recent experience is a lesson and the party must ensure its struggle is not sacrificed for a narrow agenda," the Pakatan Rakyat de facto leader wrote in his weblog today.
He disclosed that PKR vice-president Azmin Ali launched the election machinery in Sungai Petani and was confronted by quarters lobbying for their candidates including from allies who wanted candidates who were either Malay, from Hindraf, veteran Reformasi members and others through requests, demands, threats.
Saying the people must realise the cooperation that has realised a Pakatan Rakyat government, Anwar said what was important was to have "a candidate committed to the struggle, who is not easily swayed by bribery or threats".
"The people and the voters demand a qualified and capable candidate," said Anwar.
Former RMAF trainer V. Arumugam won Bukit Selambau as an independent in Election 2008 and later joined PKR after he was promised a state executive councillor position. However, he quit the seat and post on Feb 9 after claiming he had been threatened and offered money to defect to Barisan Nasional.
Pakatan Rakyat leaders backed his claims of threats but a few said he quit due to allegations of bigamy. He is now apparently in hiding but his resignation has opened up opportunities for the electoral pact parties to pick up another seat in the 36-seat Kedah state assembly.
Pas, DAP and the banned Hindu Rights Action Force (Hindaf) have expressed interest to stand for elections there. The Election Commission will meet tomorrow to decide the date for nomination and by-election.
Sultans Must Read Their Subjects Well
The current tussle between the Sultan of Perak and his Pakatan Chief Minister is not the first, nor will it be the last, such crises in the country.
Contrary to the assertions of constitutional scholars and legal practitioners, this is not a legal issue. Its solution does not lie with the court system. Nor does it require of us to return to the old feudal ways of blind loyalty to the sultan, as some traditionalist would wish.
I am not surprised that Sultan Raja Azlan, a former chief justice, would view this as a legal matter. However, the reputation and salvation of Raja Azlan specifically, and that of the institution of sultans generally, would require of him to look beyond the law for a solution. Anything less and he would risk our country degenerating into another Thailand, cursed with endless constitutional and political crises. Coming as it is during these trying economic times, it would also be a major distraction, one we could do without.
The continued relevance and indeed survival of our sultans depend on their ability to read the rakyats’ mood correctly, not on some cultural traditions, court precedents, or political expedience.
Lessons From The Past
Past experiences have shown that it was rare for the sultans to emerge from these political crises with their reputations enhanced, or the institution of royalty strengthened. Even when the sultans emerged as heroes, they exposed their blemishes. Raja Azlan needs to be extra diligent to make this episode the exception. Thus far it has not been promising.
Consider the Malayan Union fiasco in 1946. The sultans meekly agreed to the British “suggestion” of turning the country into a dominion. Whether it was British perfidy or the sultans’ stupidity, the result was the same. The price tag too was modest: piddling pensions and perfunctory visits to Buckingham Palace for the sultans. As a sweetener, just in case, they were awarded the knighthood of some medieval English order.
Fortunately their subjects, then almost exclusively Malays, were not as meek, or easily hoodwinked and cheaply bought. Under the leadership of the late Datuk Onn, the Malay masses, on the pretext of paying homage, descended upon the palace in Kota Baru where the rulers had gathered. They effectively prevented the sultans from leaving the premise to ratify the agreement with the new British governor, effectively scuttling the treaty. Thus ended the brief and naked British power grab.
It was also a devastatingly effective demonstration of the halus (refined) ways of our culture. Fortunately the sultans correctly read the subtle message from their rakyats. Good thing too, for had it not been for those village peasants intervening, our sultans would today be reduced to the status of the Sultan of Sulu. Today’s highflying sultans must be reminded of this – and often – lest they forget, as they are wont to.
Less than a decade later with the Federation of Malaya replacing the Malayan Union, and with the sultans securely ensconced in their palaces, this delicate balance between the ruler and the ruled would once again be tested, this time in the negotiations for independence. It turned out that our sultans were less than enthusiastic with the idea, at least initially. Not an unreasonable posture, considering the fate of their brother hereditary rulers in independent India and Indonesia.
Fortunately the sultans again correctly read the rakyats’ mood. After all, the pro-independence Alliance coalition scored a near unanimous victory in the 1955 general elections. Despite that, those rulers did not give in easily. They demanded – and received – assurances that their royal status would be enhanced. Indeed the Reid Commission tasked with drafting a constitution for the new nation codified the role of the sultans beyond their being mere feudal heads of their respective states.
The new constitution provided for a new national body, The Council of Rulers, headed by a “King” to be chosen from among his brother rulers. Unlike real kings however, the new Agong would, apart from being “elected,” have a limited tenure of only five years – unheard of for any royalty anywhere. Further, this Council would have veto authority on legislations passed by the bicameral (House and Senate) Parliament.
Functionally this Council of Rulers would thus be a Third House of Parliament, a miniature House of Lords but with an exclusive membership of only nine sultans. This enhanced status of the sultans also satisfied the Malay masses, feeding their vanity patriotism of Ketuanan Melayu.
With their now elevated status and considerably more generous civil allowances, our royal families soon acquired regal tastes beyond what they could have imagined in their kampong days. Now they compare themselves not to the Sultan of Sulu but the Queen of England and oil-rich Middle Eastern potentates. Actually, closer to the Arab potentates! Our sultans lack the social finesse and regal restraint of Windsor Castle but have all the excesses and vulgarities of the House of Saud.
Time has a way of eroding the wisdom acquired from earlier experiences. Royal excesses soon knew no bounds; it would only be a matter of time when the sultans would clash with the elected leaders. By mid 1980s the sultans would face an adversary in the person of Prime Minister Mahathir, a leader whose heritage and upbringing would put him not in the least in awe of things royal.
On taking on the sultans, Mahathir precipitated a severe constitutional crisis. He prevailed but the price was high. Mahathir had to unleash his hound dogs in the mainstream media to uncover every royal transgression, venal and minor, real and imagined, in order to discredit the sultans. It was not pretty.
While Mahathir effectively clipped the wings of these highflying sultans, they could still fly high and far. Barred from meddling in political matters, they found a lucrative niche in commerce. With that they could acquire the latest luxury jets to fly to their favorite distant casinos.
Political Tsunami Impacted the Sultans
Things would have remained the same, with the royals indulging their newfound wealth, had it not been for the political tsunami that swept Malaysia in the March 2008 election. Sensing a leadership vacuum with the Barisan coalition now crippled, the sultans began flexing their muscles. Pakatan leaders, uncertain of their new role, did not quite know how to handle these newly assertive sultans. By default and fearful of appearing to challenge the Malay sultans, Pakatan state leaders readily gave way to the sultans in Perak, Kedah and Selangor.
Even in states where Barisan did not lose, as in Trengganu, the sultan there was not shy in asserting himself. In no uncertain terms and without any hint of subtlety the Sultan of Trengganu rebuffed the UMNO leadership and succeeded in having an individual more to his liking to be the new chief minister. Prime Minister Abdullah was impotent; his candidate was summarily rejected by the sultan.
Not to be outdone, a few months later the Sultan of Perak intervened in the micro management of the state over the transfer of a junior functionary in the religious department, on the pretext that matters pertaining to Islam are the exclusive preserve of the sultan. His claim was not challenged.
Nature abhors a vacuum; a weakened Barisan and as yet uncertain Pakatan Rakyat created this opportunity for the sultans to reassert themselves.
What surprised me is that this power grab is being led by a sultan who is generally acknowledged as the most enlightened of the lot, having served as the nation’s chief justice and who has as his crown prince an intellect schooled in the finest universities of the West. That they chose to revert to their feudal past given the slightest chance was a great disappointment.
This power struggle between the sultans and the political elite, and among the political leaders, would not interest me except that it deeply polarizes Malaysians. That this polarization transcends race is no consolation.
After over half a century of dominant one-party rule, the country unsurprisingly has difficulty adjusting to the possibility of a minority or even change in government. This adjustment is most difficult on current leaders. Things would have been difficult even if the sultans were to play their constitutionally assigned role of honest brokers, but with their trying to reassert themselves, it makes for a combustible combination.
The other consequence to this power struggle is that the institution of sultan will never again be the same. The oxymoronic expression of ousted Perak Mentri Besar Nizar Jamaluddin, “Patek menyembah memohon derhaka!” (roughly translated, “Pardon me for my peasant insurrection!”) will now be part of our lexicon. More significantly, his Jebat-like stance has all the makings of a modern day Malay heroism. This powerful imagery is now indelibly etched in our Malay psyche.
It is not the sight of citizens giving the Perak crown prince the middle finger that stunned me rather that this was done so openly, spontaneously, and in-your-face style. The sultan’s website (put up initially to demonstrate a royal family very much in tune with its Internet savvy citizens) had to be deactivated as it was quickly filled with shocking insults. Even former Prime Minister Mahathir felt compelled to condemn those attacks.
It matters not; the genie is now out of the bottle. The sultans are now no longer what they once were. I do not lament this; I just hope that the sultans recognize this sea change in their subjects.
Nor do I miss the days of a strong and dominant government. That would be good only if the leaders were fair, honest and competent. Saddam Hussein’s government was strong and dominant; look at the devastations it created.
Canada has a tradition for minority governments, and its citizens are not at all ill served by that. Indeed there is considerable merit in having a divided or minority government. That would be the most effective system of checks and balances.
With a deeply polarized citizenry, the days of a supra majority government are gone. It is for this reason we must have an institution like the sultan that can act as an honest broker so as to maintain political neutrality and stability. Now that too is gone. That is what disappoints me most with this latest political crisis in Perak.
If a sultan as enlightened as Raja Azlan could not disentangle himself from this political morass, we have little hope that the other sultans would be any better.
There is a silver lining to all this. Thanks to Nizar’s Jebat-like stance of “Patek menyembah mohon derhaka!” Malaysia will never degenerate into an absolute monarchy. In times like this, we have to savor such blessings!
Dissecting the constitutional issues in Perak
NGO statement - Malaysia’s First UPR: Too Much Praise, Too Little Progress
The United Nations Human Rights Council conducted its inaugural review of Malaysia’s human rights record today. At the Universal Periodic Review (UPR), Malaysia’s national report was presented by Tan Sri Rastam Mohd Isa, Secretary General of the Ministry of Foreign Affairs. The Attorney General, Tan Sri Abdul Ghani Patail, and Datuk Faizah Tahir, Secretary General of the Ministry of Women, Family and Community Development made additional statements. Representatives of non-governmental organisations (NGOs) from the Coalition of Malaysian Non-Governmental Organisations in the UPR Process (COMANGO), and the Jaringan Orang Asal SeMalaysia (JOAS) were present. Representatives of the Human Rights Commission of Malaysia (SUHAKAM) also attended.
The UPR process compels the government to critically assess Malaysia’s human rights record, in consultation with SUHAKAM and NGOs. However, the consultation with NGOs has been superficial, patchy and cursory.
Malaysia’s presentation during the review today described some of its successes without acknowledging any shortcomings. The government highlighted the overall reduction of poverty but failed to address the increase in income disparity, e.g. within the Bumiputra community.
“For today’s review, foreign missions began lining up at 5.45am to register to speak. 83 countries eventually registered, but due to time constraints only 60 were able to speak. Out of these 60 countries, 44 were members of the Association of Southeast Asian Nations (ASEAN), the Organisation of the Islamic Conference (OIC), and the Non-Aligned Movement (NAM). This highlights one of the weaknesses of the UPR process. Countries ‘friendly’ to Malaysia were able to manipulate the process simply by queuing up early and crowding-out other countries from an opportunity to speak. Many ‘friendly’ countries congratulated Malaysia on her national report, particularly in the areas of poverty eradication, primary education, and the enhancement of the rights of women, children and the persons with disabilities, without giving substantive recommendations,” said Andrew Khoo, co-deputy chairperson of the Human Rights Committee of the Malaysia Bar.
Commenting on today’s proceedings, John Liu of SUARAM, co-secretariat of COMANGO said, “The review on Malaysia was extremely disappointing. While acknowledging the efforts of some countries in raising genuine concerns and addressing the critical human rights issues in Malaysia, the congratulatory-styled interventions in praise of Malaysia were a farcical element of the review. This practice goes totally against the intended spirit of the UPR.”
Despite this weakness, some countries did use the opportunity to ask relevant questions and made the following recommendations:
1. specify a time-frame to ratify the core human rights treaties including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of Racial Discrimination (CERD) and the Convention Against Torture (CAT) and the optional protocols;
2. specify the time-frame to withdraw the reservations to the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and to ratify the optional protocols;
3. abolish the Internal Security Act (ISA) 1960 and other preventive detention legislation;
4. initiate a moratorium on the use of the death penalty as a precursor to its eventual abolition and outlaw the practice of torture and cruel and inhumane punishment, including whipping;
5. legislate to recognise the status of refugees and asylum-seekers and to distinguish them from irregular migrants, and ratify the Convention on the Status of Refugees and its Protocol;
6. better protect and give immunity to trafficked women and children instead of treating them as perpetrators;
7. increase the protection for all migrant workers, regardless of legal status, and ratify the International Covenant on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW);
8. implement the recommendations of the Royal Commission on the Police to establish an independent oversight mechanism for the Police; increase training for government officials, police, law enforcement and security agencies, lawyers, and judges, in respect of human rights and non-discrimination and the binding nature of international human rights laws;
9. make SUHAKAM independent, widen its term of reference to cover all rights within the Universal Declaration of Human Rights, and have it comply with the Paris Principles; and
10. de-criminalise sexual acts associated with a person’s sexual orientation by amending the Penal Code.
“As the next step, we will seek to meet the Ministry of Foreign Affairs to discuss the follow-up of the review’s draft report. We hope to persuade the government to make more commitments and to state the time-frame for them to be implemented. This can be done during the formal adoption of the outcome report in the June plenary session of the Human Rights Council,” said Honey Tan of EMPOWER, co-secretariat of COMANGO. She adds, “We will also be holding a briefing for Members of Parliament and diplomatic missions in Malaysia shortly to update them on the review. We will hold the government accountable for the commitments it has made to improve the state of human rights in Malaysia.”
Contact persons:
John Liu (SUARAM) +60 19 3622679, yn_tynn@yahoo.com
Honey Tan (EMPOWER) +60 16 4100402, honeytan@gmail.com
Andrew Khoo (Human Rights Committee, Malaysian Bar) +60 12 3730500, andrew_khoo@akdl.com
Mark Bujang (JOAS) +60 14 8776685, markbujang@gmail.com
Giyoun Kim (FORUM-ASIA) +41 79 5957931, una@forum-asia.org
Bukit Selambau: Keutamaan Pada Agenda Perubahan!
Sdr Azmin Ali mula menggerakkan jentera pilihanraya DUN Bukit Selambau bersama pimpinan parti Kedah dan Bahagian Merbok petang semalam di Sungai Petani. Maka bermulalah tunjuk rasa penyokong melobi calon mereka. Malah terdapat gesaan dari parti rakan dan tuntutan calon Melayu, Hindraf, pejuang lama dan lain-lain, dengan pelbagai kaedah - sopan, tuntutan dan ugutan!
Sayugia disedari keperluan memperkukuh muafakat yang berhasil melahirkan kerajaan Pakatan Rakyat. Dan yang dikira mendesak, keperluan menonjolkan calon yang komited dengan perjuangan dan tidak mudah goyah dengan sogokan atau ugutan. Rakyat dan pengundi menuntut calon layak dan berwibawa.
Pengalaman terkini harus mengajar kita. Dan parti perlu memastikan hasrat murni ini tidak dikorbankan hanya untuk agenda terpenchil.
Najib: Help For Affected Sarawakians In Mini Budget
KUCHING, Feb 12 (Bernama) -- The mini budget, which is scheduled to be tabled by Deputy Prime Minister and Finance Minister Datuk Seri Najib Tun Razak at the Dewan Rakyat on March 10, will among others include aid and financial assistance to Sarawak, parts of which were hit by severe floods and landslides recently.
"The federal government will offer assistance to those affected by the recent floods. We have made that commitment. Those who have been housed at flood relief centres would receive RM300 while those who did not stay at flood relief centres and stayed at houses of relatives would also receive RM300.
"We would disburse the funds once the list of recipients is furnished to us. As for farmers, who had their yields wiped out by the floods, would also receive aid. The rate would be decided by the state government," Najib told reporters after meeting leaders of Sarawak Barisan Nasional (BN) component parties here, today.
Najib, who is on a three-day working visit to the state, said the Sarawak government had also been asked to evaluate the damage to infrastructure and public amenities.
"We want the state government's evaluation done by end of the month so that I could include it in the mini-budget that would tabled on March 10," he said.
The mini budget is being tabled to soften the impact of the global economic crisis. Last year, Najib had tabled a RM7 billion economic stimulus package.
Bukit Gantang, Bukit Selambau By-elections May Be Held Simultaneously
TASTE THE FRESHNESS�Chief Executive Officer of Melaka Biotechnology Corporation, Professor Dr Ramli Hitam is introducing MTea�s Misai Kucing herb tea � the end product of their research. Its leaves that contain diuretic elements help to eliminate excessive uric acid in the body; a source of many physiological problems. It has been used for generations to treat circulatory disorders, kidney stones, hypertension, diabetes, gout and maintain optimal liver function. Foto: ShaharimKUALA TERENGGANU, Feb 12 (Bernama) -- The Election Commission (EC) has not dismissed the possibility of both the by-elections for Bukit Gantang Parliamentary seat in Perak and Bukit Selambau state assembly seat in Kedah, held simultaneously.
EC Chairman Tan Sri Abdul Aziz Mohd Yusof said a decision was expected on the matter after a special meeting held tomorrow to discuss and study documents related to the vacancy for both seats.
He added that the Federal Constitution stated that a by-election can only be held once the EC was satisfied that a state assembly seat or Parliamentary seat was lawfully vacant.
"For the Bukit Gantang seat...since the MP has passed away, it is definitely vacant but Bukit Selambau is a different issue and we need to gather detailed information and documents to make a decision.
"If we can establish that the Bukit Selambau seat is vacant, we will go ahead with the by-election. If the seat is not vacant, then the elected representative will remain," said Abdul Aziz after handing out certificates to EC staff involved in the Kuala Terengganu by-election, here last night.
The Bukit Gantang Parliamentary seat fell vacant following the death of PAS MP Roslan Shaharum on Monday, due to a heart attack, while Bukit Selambau state assemblyman V. Arumugam from Parti Keadilan Rakyat (PKR) was said to have tendered his resignation on Sunday.
Abdul Aziz said the EC cannot just accept the Kedah Legislative Assembly Speaker's statement that a vacancy existed for the Bukit Selambau state seat and go ahead with a by-election.
"We have to look at the issue from various perspective and not just make a decision based on assumption or because somebody had asked to do so. The EC will dispense its duties professionally based on the procedures, information and according to the law," he said.
Meanwhile, speaking of the Kuala Terengganu by-election that was held without any hitches or glitches, Abdul Aziz said the smooth election process received praise from Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.
"Tuanku Mizan was satisfied with the incident-free by-election for the Kuala Terengganu Parliamentary seat," he said.
No release for Hindraf 5, Federal Court rules
PUTRAJAYA, Feb 11 — The Federal Court today ruled to uphold the detention of five ethnic Indian leaders of the Hindu Rights Action Force under the Internal Security Act (ISA) for the next two years.
The apex court dismissed the application to review the habeas corpus suit, leaving the five leaders of the banned Indian rights movement — better known by its acronym Hindraf — stuck behind the high security walls in Kamunting, Perak, where a constitutional crisis is crippling the daily administration of the state government.
The Hindraf 5, as they have come to be known, are lawyers M. Manoharan who is also Selangor state lawmaker for Kota Alam; P. Uthayakumar, brother to self-exiled Hindraf leader P. Waytha Moorthy; V. Ganabatirau; R. Kenghadharan; and former bank officer K. Vasantha Kumar.
They were arrested under the ISA two years ago on Dec 13 for taking part in an illegal mass protest in Kuala Lumpur.
It was a unanimous decision among the three-member panel of judges.
An appeal was made to the same court last May.
The Federal Court then, like today, denied release to the Hindraf 5.
The panel then headed by Datuk Alauddin Mohd Sheriff (who is now the President of the Court of Appeal), ruled that Prime Minister Datuk Seri Abdullah Badawi had acted lawfully as the then Internal Security Minister when he ordered the detention of the Hindraf 5.
In reading out the Federal Court verdict, Justice Datuk Nik Hashim Nik Abdul Rahman, explained that the apex court’s earlier ruling was made based on a previous court decision involving Mohamad Ezam Mohd Nor, once Opposition Leader Datuk Seri Anwar Ibrahim’s right-hand man in the early days of Reformasi I.
Nik Hashim noted: “Whether the Federal Court was right or wrong is not for us to decide. If we decide to do so, it will lead to another appeal.
“Thus, we find that this case is not a fit case for review. Therefore, we dismiss the motion,” he added.
Perak Assembly May Dissolved Soon
Yes, Perak State Assembly may be Dissolved very soon in order to create political stabitilty there. I feel the present crisis in Perak just Political Strategy by UMNO national leaders to avoid any fresh elections and enable them concentrate all efforts toward upcoming party election.
Let us look into following factors :
1) The Only advantage Barisan Nasional now command is Three Independent Assembly persons. Pakatan Rakyat Government collapsed even with extra three of it’s own assembly persons. If the three decided to leave Pakatan merely because of misunderstanding between party leaders , how long will it take for Independent pulling out their support.
Any Rift between UMNO’s own assembly person( which already seen during appointment of Menteri Besar) will make the situation worse.
Unless UMNO manage to convinence the Three Independent assembly person to join their colition parties or UMNO managed to get more PR assembly persons to their side changes for BN continue governing Perak is very slim.
2) Barisan Nasional’s Menteri Besar possibly could face NO CONFIDENCE Vote the moment State Assembly Convene.
If BN appoint the State Speaker and Deputy Speaker among their elected representatives , they could only survive the Motion with one Vote . Provided all BN supporting representatives present.
BN may appoint outsider as Perak Speaker (most probably not Indian as claimed by MIC) to gain extra vote.
3) Even if Barisan Nasional Survive No Confidence Vote , the changes for the same motion to be tabled again and again looks possible.
4) Barisan Nasional may not able to get any State Bills to be passed effectively as Pakatan Rakyat elected representative will present in full force to ensure it’s really benefitting Rakyat.
5) In order to overcome objections from State Assembly Barisan Nasional State Government may opt to take all matter in their own hands at Weekly Exco Meeting and delay state assembly proceeding to maximum time period allwed.
6) The Government officers may face law suits if the court of law found newly appointed Barisan Nasional Government as illegal.
Barisan Nasional just need few months time to finish off previously unfinished works at Perak before they geared up to face rakyat through election. By holding office UMNO and cronies able to utilize all Government machineries towards Pakatan Rakyat.
Anyway, the chances they dissolve State Assembly very soon likely to happen in near future.
Sujatha Case Inquest
Title: Sujatha Case Inquest
Location: Kuala Lumpur Majistrate Court 2 (Criminal)
Description: YB Manikavasagam to attend Sujatha’s Murder Case Inquest at Kuala Lumpur Majistrate Court together with his Lawyer. The Case to be heared by Coroner Mohd Faizi bin Abu
Start Time: 9:00
Date: 2009-02-13
End Time: 13:00
Sujatha, 29, had died under mysterious circumstances on June 25 two years ago at the Tengku Ampuan Rahimah in Klang.
She had worked as a secretary to MIC president S Samy Vellu’s son, Vel Paari in his capacity as chief executive officer of the party’s investment arm Maika Holdings.
Arumugam healthy and safe, says Azmin
SUNGAI PETANI, Feb 11 — The state assemblyman for Bukit Selambau who was reported to have resigned, V. Arumugam, is believed to be in good health and safe although Parti Keadilan Rakyat (PKR) leaders themselves do not know of his whereabouts now.
PKR vice-president Mohamed Azmin Ali said it had been confirmed that Arumugam had resigned and the party had received his resignations from both positions, namely as a state assemblyman and Kedah State Executive Councillor.
“He (Arumugam) is healthy and safe...I don’t know where he is now because he has resigned and is free to go wherever he wants,” he told reporters after chairing a meeting with members of the Merbok PKR division, here today.
He said the validity of the PKR assemblyman’s resignation should not be disputed because Arumugam had personally met PKR advisor, Datuk Seri Anwar Ibrahim, to inform him of the resignation.
Azmin also said that Arumugam claimed that he had lodged a police report on the various threats he had received but unfortunately no action had been taken.
He said Arumugam had followed proper procedure in his resignation by sending a letter to the State Assembly Speaker and also the Kedah Menteri Besar.
He said there was no necessity for an elected representative to be physically present when sending his resignation letter to the Election Commission as there was no legal provision requiring him to do so.
Yesterday, Kedah Umno Liaison head Datuk Seri Mahdzir Khalid said Arumugam’s resignation had yet to be validated because his resignation letter was merely read by Menteri Besar Datuk Seri Azizan Abdul Razak. — Bernama
Zambry feels strain of defending BN government
New Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his team addressing the media at a press conference at the state secretariat today before getting down to work. – Picture by Choo Choy May
IPOH, Feb 11 — Datuk Zambry Abdul Kadir started his first day as menteri besar today defending the legitimacy of his government by arguing that a majority in Perak backed the Barisan Nasional, and engaging in a rant against journalists.
It was clear, as he snapped at awkward questions from reporters at his first press conference, that he has been feeling the strain of defending what has been an obviously unpopular and possibly unconstitutional takeover of the state from Pakatan Rakyat.
Zambry was sworn-in last Friday by Sultan Azlan Shah at the Istana Iskandariah in Kuala Kangsar while riot police outside quelled a protest by thousands of people.
Earlier last week, Sultan Azlan Shah had denied consent to Datuk Seri Nizar Jamaluddin as the menteri besar to dissolve the state assembly.
Instead the Ruler dismissed Nizar, and questions have now arisen over whether a Ruler who is only a constitutional monarch has such powers. Nizar, who has refused to resign, maintains he is still the MB.
The Sultan has come under heavy criticisms for appearing to side with BN. He has even had to cancel public appearances as part of his silver jubilee celebrations because of security concerns.
When asked today if he thought he has the support of a majority of the public in Perak, Zambry said: "That is why we are here."
When it was pointed out that he did not gain his position as menteri besar via an election, he grew visibly defensive and snapped back: "What do you mean? This is a democratic process.
"Do you understand democracy? I am asking you, do you understand the political philosophy of democracy?
"I am asking you back. Why are you not asking them (Pakatan Rakyat) back when they are talking about the party hopping?
"When they triggered everything right from the very beginning. You should ask yourself about that."
When it was clarified that the question was not about defections but whether he feels he has the support of the majority of Perakians, he finally replied: "God willing, when you prove to the people your worth.
"Do not talk about democracy process if you do not understand democracy.
"This is the true democratic process."
Then, before another reporter could finish her question on Jelapang state representative Hee Yit Fong, he cut in and told her: "You like to delve into all kinds of speculative things."
When the reporter finally got to complete her question and ask whether he feels Hee can perform her duties effectively as state representative given the widespread unhappiness expressed by residents in Jelapang and whether Zambry can guarantee her safety, he replied: "This is our responsibility. People need to respect Hee's right to live.
"Where else to live? Please preserve the peace we have in this country regardless of differences."
Earlier, he arrived in a Proton Perdana and waved at the large crowd of media members at about 10am, and was trailed by his executive council members in various other vehicles.
In an attempt to address the problem of the state BN being dominated by representatives from only the Malays as Umno holds 27 of the 28 seats, Zambry has appointed special advisors with executive council status.
Datuk S. Veerasingam will be his advisor for Indian affairs while Datuk Chang Ko Youn will be Chinese advisor. Kapten Datuk Haji Mohd Najmuddin Elias Al-Hafiz, another advisor, will assist him on religious matters.
On the upcoming by-elections, he said that BN will be ready.
When asked whether he will continue the previous state government's policies, he said: "What is most important is not whether it is your policy or my policy but what is best for the rakyat."
When asked whether he is going to convene a special sitting of the state assembly, he answered that the "assembly will have to meet every six months." He also said that it is Pakatan Rakyat's right to file a lawsuit and seek legal redress. He also revealed that he has not appointed a speaker yet.
On the fact that there are only six state executive council members instead of the usual 10, he said: "It is convention to have 10 but based on regulations, we can elect less than that based on our needs." He said that he will revisit the number of executive council members from time to time.
Zambry also said that "there is no time for celebrations" and that "my intention is to serve all."