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Friday, 20 February 2009

Press Release: Respect the right to privacy

ImageIt is heartening to note that politicians from both sides of the divide have condemned the circulation of photos that relate to the private life of Elizabeth Wong. We are however disappointed that she continues to be hounded by the media despite her decision to resign from all posts, and that she is compelled to seek sanctuary abroad as she is unable to find solitude within our own shores.

We appeal to all right-thinking Malaysians to express our revulsion and outrage at the unscrupulous conduct of the culprits. This unacceptable invasion of an individual’s private life is an injustice that affects us all. Our laws are inadequate to deal with a breach of privacy but we, the public, can take personal responsibility in ensuring that the spread of this information is stopped in its tracks. In this connection we call for a rejection of all news providers that spread this private information and who unnecessarily sensationalise the issue. We also call on each member of the public to do what s/he can to stop its dissemination. For example, if someone sends you this information by instant text messaging or by e-mail, delete it without opening it and discourage its further circulation.

We would also call on the media to refrain from further sensationalising this issue and to allow investigations to be completed. The media must uphold the highest principles of responsible, ethical and respectful journalism, and accede to Elizabeth Wong’s heartfelt plea to be left alone.

The Bar Council is organising a public forum to address the plethora of issues that have been raised, including the right to privacy, the link between a politician’s private and public life, and whether adequate legal safeguards exist to protect an individual’s right to privacy.

Details of the public forum are as follows:

Title : Privacy: Does it exist in Malaysia? Is it time to legislate?”
Date : 27 February 2009 (Friday)
Time : 5.00 – 7.30 pm
Venue : Bar Council Auditorium
13, 15 and 17 Leboh Pasar Besar
50050 Kuala Lumpur
Speakers : a) YB Dr. Zulkifli Ahmad, MP for Kuala Selangor
b) Fui K Soong, CEO of INSAP (MCA’s Institute of Strategic Analysis and Policy Research)
c) Sonya Liew Yee Aun, Malaysian Bar
d) Andrew Khoo Chin Hock, Malaysian Bar

To register or make inquiries, kindly call (03) 2031 3003 and speak with Mazni (x101) or Faizal (x185).


Dato’ Ambiga Sreenevasan
President
Malaysian Bar

20 February 2009

Laporan Polis Ke Atas Gani Patail dan Musa Hassan

LAPORAN POLIS DATUK SERI ANWAR IBRAHIM
20hb Februari 2009

—————————

Saya, ANWAR BIN IBRAHIM, merujuk kepada LAPORAN SURUHANJAYA DIRAJA UNTUK MENYIASAT KECEDERAAN DATO’ SERI ANWAR IBRAHIM SEMASA DALAM TAHANAN POLIS (Suruhanjaya Tersebut) yang telah dipersembahkan kepada DYMM SPB YANG DIPERTUAN AGONG PADA 6 APRIL 1999.

Saya melaporkan bahawa Laporan Polis Travers Rpt:3977/98 yang dibuat pada jam 2.00 pagi 21.9.1998 oleh ACP Koh Hong San (kini Commissioner Datuk Koh Hong Sun) (“Koh”),mengandungi maklumat palsu bertulis yang direka. Sekalipun menyedari Laporan Polis ini mengandungi maklumat yang palsu berkaitan perkara yang mustahak, Koh telah menggunakannya dalam suatu prosiding penghakiman sepertimana ditunjukkan sebagai Ekshibit A1 Suruhanjaya Tersebut.

Dakwaan ini saya buat adalah berasaskan maklumat dalam pengetahuan saya sendiri dan keterangan dokumen dan penemuan yang direkodkan dalam Suruhanjaya Tersebut antara lainya yang penting seperti berikut:

Petikan keterangan bersumpah Koh dalam VOLUME II-NOTES OF EVIDENCE muka surat antara 18 hingga 33.

“On the 20th September 1998 at about 8.10pm. I received instruction from Ketua Polis Kuala Lumpur, Dato Kamaruddin bin Mohd. Ali to arrest Dato’ Seri Anwar Ibrahim at his house Number 8, Jalan Setia Murni 1, Bukit Damansara, Kuala Lumpur. I was instructed by my Chief Police Officer, Dato’ Kamaruddin to arrest Dato’ Seri Anwar under Section 377B Penal Code”

Dalam muka surat 19

“I went over to him, I touched his left arm and said I was arresting him under Section 377D”.

“The instruction which I received was to arrest Dato Seri Anwar under Section 377B. But when I told Dato Seri I was arresting him under Section 377D. I made a mistake. It should be Section 377B.”

Dalam muka surat 24,25 dan 26.

“Shortly after,I left the place and went to my original place waiting for further instruction.Later we were told to walk to the 11th Floor.My officers and I were told to go upstairs.Dato Ramli told us.We went up to to the 11th Floor to discuss the question of arrest of Dato’Seri Anwar.We had a meeting at the 11th Floor at the Meeting Room.If I’m not mistaken,those who were present were Dato’Ramli,ASPAbdul Aziz,ASP Thomas,Supt.Robiah and a few others that I could not remember.Dato’Ramli chaired the meeting.”

“Dato Ramli left the discussion shortly after. Then he came back and instructed me to arrest Dato Seri Anwar under ISA. At the time when we had the discussion and before Dato Ramli left, I knew that I had arrested Dato Seri Anwar under Section 377B. I cannot remember whether I told Dato Ramli that I had arrested Dato Seri Anwar earlier for an offense under Section 377B. I now say that I did tell Dato Ramli that I have earlier arrested Dato Seri Anwar under Section 377B”.

“I cannot remember how long after he left that he returned. He came back and then told me that I should now make a formal arrest under ISA. I was given the relevant documents to be served on Dato Seri Anwar. With the documents I went down to see Dato Seri Anwar at 1.43am on 21st September 1998. I went to the cell and I served the documents on Dato Seri Anwar and then I left. At the time I served him with the documents he was conscious. I spoke to him. He responded to whatever I told him. He spoke to me. After I served him I left the cell and subsequently lodged a formal report of arrest.”

Keterangan bersumpah Koh sebahagiannya seperti diatas,mengesahkan pengakuan Koh bahawa maklumat bertulis yang dibuatnya sendiri dan terkandung dalam Travers Report 3977/98 bertarikh 21.9.1998 itu adalah palsu. Saya mengsyakki Koh,telah mereka keterangan palsu sedemikian itu adalah untuk menyembunyikan kecederaan yang saya alami setelah dibelasah oleh Tan Sri Abdul Rahim Noor(TSRN)Ketua Polis Negara ketika itu,daripada pengetahuan masyarakat umum. Dakwaan saya ini diperkukuhkan dengan catatan rekod prosiding Suruhanjaya Tersebut seperti petikan diperturunkan dibawah;

Petikan rekod prosiding Suruhanjaya Tersebut “VOLUME 1-PART TWO”muka surat 66 perenggan 6.1.

It was strongly submitted that, had the offence for which DSA was arrested remained one under Section 377 of the Penal Code, DSA would have had to be produced in Court within 24 hours, and a charge under the I.S.A was added on to obviate this necessity, because the face of DSA was such a sorry mess after the assault that it would have been most inexpedient to expose him to the public view. Again, there is a sharp conflict of evidence as to when the I.S.A charge was decided upon. TSRN insists that this matter had already been discussed earlier and the decision was taken at 8.20pm on the night of the 20th September 1998, by four senior officers, including himself, and communicated to a larger group a little later. TSRN could have applied to the Commissioners that they be called to give evidence in support of his testimony, but did not do so. He claims that the arrest under Section 377B was the result of a miscommunication. With the presence of the A.G’s representative at the Ops Theatre on the 30th floor, and almost everybody carrying a handset, it is difficult to follow how such a miscommunication could have taken place. Dato’ Yaacob was emphatic that there was no communication of the decision to effect an arrest under the ISA until after a discussion which went on till well past midnight. There would have been no need for such a discussion if the decision had been made earlier.

Saya percaya “the A.G’s representative at the Ops Theatre on the 30th Floor”yang dimaksudkan oleh Suruhanjaya Tersebut ialah Datuk Abdul Gani Patail (kini Tan Sri Peguam Negara)(“Gani Patail”). Dakwaan saya ini diperkukuhkan oleh keterangan bersumpah SAC I Dato’Meor Chek Hussein bin Mahayuddin(Meor), ketika itu Komander Pasukan Gerak Tugas Khas PDRM, sepertimana petikan keterangan beliau dalam Suruhanjaya Tersebut seperti berikut;

Petikan keterangan bersunpah Meor dalam VOLUME II NOTES OF EVIDENCE muka surat antara 7 hingga 17.

After leaving the lockup I went up to the 30th floor at Bukit Aman to see my senior officers including Timbalan Pengarah 1, DCP Dato Mohd Yusof and other senior officer to brief them of what happen.

Apart from Dato Mohd Yusof, I remember there were Tan Sri Abdul Rahim Noor, Tan Sri Norian Mai, Deputy IGP, DCP Dato Mohd Yusof Said, TP 1 Keselamatan Dalam Negeri dan Ketenteraman Awam, DCP Ali Hanafiah Hashim, Datuk Ghani Patail from AG’s Chamber present.

I arrived at the 30th floor at around 10.00pm. The others who were there were CP Datuk Mohd Jamil Johari and other officers which I cannot remember. It was not a formal briefing because I did not see anyone taking down notes. The briefing was not given in the conference room but it was outside. The briefing was given in a spontaneous manner.

When I arrived on the 30th floor, these officers were already in the hall. These officers were already seated in the hall and this is the time I had briefed them on what had happened to Dato Seri Anwar and where he was taken. After the briefing I did not receive any instruction from any officers present. They merely listened.

Then I left the place and went back to my office to debrief my officers.My office is near the main entrance to Bukit Aman.On the ground floor.My office is another building.

I did not at any time assault Dato’Seri Anwar Ibrahim.

After I left the 30th Floor,I was not involved in this case.

Selanjutnya daripada keterangan saksi W15,SUPT.Abdul Halim bin Hj.Siraj pula, dalam muka surat 130 hingga 139 dalam Suruhanjaya Tersebut, menjelaskan peranan SAC I Musa Hassan (kini Tan Sri Musa Hassan,Ketua Polis Negara)(“Musa Hassan”). Serta keterangan-keterangan dan dokumen-dokumen lain dalam milik saya berkaitan penglibatan Musa Hassan dalam penangkapan dan penahanan saya, maka saya mempunyai alasan yang kukuh untuk mengsyakki bahawa Musa Hassan pada waktu yang matan itu turut berada di-Tingkat 30 Bukit Aman bersama sama dengan pucuk impinan tertinggi PDRM dan juga Gani Patail,sepertimana yang dijelaskan oleh Meor.

Saya menegaskan bahawa Musa Hassan dan Gani Patail pada waktu yang matan itu juga telah mempunyai pengetahuan bahawa saya telah dicederakan oleh TSRN, sebaik ditangkap dan ditahan di-lokap Polis Bukit Aman. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa kedua-dua Musa Hassan dan Gani Patail terlibat dan/atau mengambil bahagian dalam mesyuarat bersama-sama TSRN dan beberapa Pegawai Tertinggi PDRM membincangkan dan membuat keputusan serta kemudianya mendorong Koh untuk memberikan maklumat palsu dan atau mengelirukan berkaitan dengan tangkapan dan kecederaan keatas diri saya dalam Travers Report No:3977/98 bertarikh 21.9.1998 jam 2.00 pagi yang kemudiannya dikemukakan dalam suatu pembicaraan kehakiman sepertimana ditunjukkan sebagai Ekshibit A1 dalam Suruhanjaya Tersebut.

Berdasarkan kepada urutan peristiwa yang dinyatakan diatas khasnya berkaitan penglibatan Musa Hassan dan Gani Patail secara langsung dan nyata dalam episode tersebut, saya ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Brickfields 4350/08 bertarikh 28th Jun 2008 yang dibuat oleh seorang Mohd.Saiful Bukhari Azlan (Saiful) terhadap diri saya, telah diubahsuai dan/atau dipesongkan serupa dengan caramana Travers Report No:3977/98 bertarikh 21.9.1998 dilakukan. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Saiful dibuat adalah sebagai tindakan lanjutan kepada konspirasi jenayah dengan niat bersama untuk menyebabkan saya bolih disabitkan atas kesalahan yang bolih diseksa dengan hukuman penjara yang lama demi kepentingan peribadi Musa Hassan dan Gani Patail serta kepentingan politik sesaorang atau orang-orang tertentu.

Saya telah dinasihati bahawa perbuatan “mereka keterangan palsu” adalah suatu kesalahan jenayah yang serius terhadap “Keadilan Awam” dibawah Seksyen 193 Kanun Keseksaan yang membawa hukuman penjara 7 tahun jika disabitkan kesalahan.

Saya membuat laporan ini demi keadilan dan mendesak pihak berwajib menjalankan siasatan yang rapi, telus dan saksama serta mengambil tindakan-tindakan yang wajar yang dibenarkan oleh undang-undang keatas pesalah atau pesalah-pesalah berkenaan yang terlibat atau sesiapa yang bersubahat melakukannya.

Bersama-sama ini,saya sertakan salinan muka-surat muka-surat daripada laporan Suruhanjaya Diraja yang disebut diatas untuk rujukan.

ANWAR IBRAHIM
20 Februari 2009

Zambry Don't Want To Be Hasty Like Opposition

IPOH, Feb 20 (Bernama) -- Menteri Besar Datuk Dr Zambry Abdul Kadir said he and the six State Exco members do not want to be hasty like the opposition which suspended them from attending the State Assembly.

"We don't want to be like them. We will use the law to resolve the present situation," he told reporters after Friday prayers at Sultan Yusuf Mosque at Rapat Setia here today.

Zambry was commenting on the decision by Speaker V.Sivakumar to suspend them and the statement by Bar Council president Datuk Ambiga Sreenevasan that the suspension could not be challenged in court.

"It is just one of several other views. I don't want to dwell on this as I want to conduct my duty as the menteri besar who was consented and appointed by the Sultan of Perak, Sultan Azlan Shah," he said.

He regretted that some people had insulted Perak Mufti Datuk Seri Harussani Zakaria in blogs and talks after the latter did not share their opinion on the political event in the state recently.

Zambry said Harussani's views should should be respected and held in high esteem by all as he is a man of noble character.

"Barisan Nasional (BN) was also not spared but did not mean that he (Harussani) did not like us. He was only pointing out things based on the law.

"As such, we did not retaliate when criticised and did not show any disrespect to him," he added.

Umno youth show of support for Royals

Selangor MB: Something fishy over water decision

Anwar and Derhaka

Anwar reveals 'evidence' on bribe attempts

Vox Pop: Views on Eli Wong

Press Statement by Eli

Press Statement
by
ELIZABETH WONG

19 February 2009

Dear friends,

I have departed today.

Despite having tendered my resignation from all posts, the media and websites continue to intrude into my private life and privacy. I have been informed by several media that they will continue to publish even more lewd graphical, sensational stories of my private life. I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.

This is the darkest episode in my life. I have never felt so alone, vulnerable and humiliated. I need to rest and to search for peace of mind to get away from the stormy events surrounding me.

I appreciate the overwhelming support from all quarters, especially my voters, women in particular and party comrades. Words cannot express my gratitude for your gentle kindness.

I have informed my party leaders that I am determined to relinquish all my positions, as a Selangor State Exco Member as well as the State Assemblywoman for Bukit Lanjan. I am thankful for the party leadership’s concern and encouragement. I seek their understanding for my predicament.

My commitment to the ideals of the Parti Keadilan Rakyat remains unwavering. I shall retain my party membership and continue to struggle for a just society with the party.

The nation is at a crisis facing a serious economic recession. Unemployment is rising, while corruption remains rampant. I wish public discussions would concentrate on these important issues rather than analysing my private life. My principle remains the same ?

I will not answer any questions pertaining to my private life. My private life is not for public scrutiny as I have not broken any law or caused harm to anyone.

I plead to the media as well as my supporters to allow me some peace of mind, and to give me space. I urge the media to leave my family, friends and I alone. Please do not continue to shame my family and I, so that we have a chance to lead a normal life as ordinary citizens.

Lastly, I wish to thank the support from the public that has been pouring in ceaselessly. I am very moved and eternally grateful to my friends and colleagues who stand by me. There is nothing in this world that can repay your kindness.

Stand tall and proud and scream ‘It’s not over ’til its over’! Will you heed the call?

-Haris Ibrahim

many-colours-11

RPK’s closing words in his ‘It’s not over ’til its over’ :

“And when the court rules against me and ***** ( never thought I’d see the day when I’d censor RPK on this blog, but there’s a first time for everything, I guess ) me off to Kamunting this Monday, I call upon all of you to stand tall and proud on the steps of the Palace of Injustice in Putrajaya and scream at the top of your lungs: IT’S NOT OVER ‘TIL IT’S OVER. And I will scream the same thing in the police van as I journey to Kamunting: IT’S NOT OVER ‘TIL IT’S OVER”

_____________________________________________

Pete, am I reading you right?

Have you just said that you’re bracing yourself for a long, drawn out battle?

Pete, am I reading you correctly?

Damn it, speak plainly, man!

Is this your call for us to take up positions, to stand with you for the long fight that awaits us?

People, will you come, take your place and stand tall and proud on the steps of the Palace of Injustice this Monday?

BN Youth says ‘they will pay the price’

By Shannon Teoh and Asrul Hadi Abdullah Sani-The Malaysian Insider

KUALA LUMPUR, Feb 19 - Barisan Nasional Youth made a thinly-veiled threat tonight against Pakatan Rakyat that it would suffer the consequences for not respecting the monarchy.

At a pro-monarchy gathering tonight, its chairman Datuk Seri Hishammuddin Hussein said that “those who are willing to destroy or damage the royalty and betray the country will pay the price”.

“Who says Umno Youth has no spirit and is not brave? We will show them,” he said to cheers from a 5,000-strong crowd of predominantly Umno Youth members.

“What do we do to these traitors? We drive them out,” he added.

He warned that tonight was only a wave which will end up as a “tsunami” against those who are “willing to risk the honour of the nation and the institution of the monarchy”.

“Our independence and the freedom to choose our government was only gained with the support of the rulers yet certain individuals are willing to give this away,” he said.

BN Youth supporters had begun to gather from 8pm and most were clad in yellow t-shirts to listen to component party youth leaders as well as Perak Menteri Besar Datuk Dr Zambry Abdul Kadir whose government is the subject of a constitutional crisis which BN claims is due to PR’s willingness to commit treason against the Perak Sultan who had appointed Zambry as the new MB.

Shouts of “Daulat Tuanku (Long live the King)” were interspersed with abuse hurled at PR leaders such as de facto PKR chief Datuk Seri Anwar Ibrahim and DAP chairman Karpal Singh, who had said that he would sue the Sultan for his role in the power grab by BN in Perak.

Hishammuddin also called DAP chairman Karpal Singh “rude” and Datuk Seri Nizar Jamaluddin a “traitor”.

However, at a press conference after the gathering, he said that the event was to allow BN Youth to vent its frustrations “in a controlled environment”.

“They should not go out on the streets and incite hatred. It is not BN culture to demonstrate on the streets,” he said.

Hishammuddin had claimed during his speech that if things were allowed to continue this way, then Malays would suffer.

Earlier in the night however, youth leaders from MCA and MIC as well as from Sabah and Sarawak, gave their full support to the move to declare their loyalty to the Malay rulers.

Conspicuously, several said that “we are with you”, clearly denoting that this was an Umno-led campaign, as reflected by several slogans seen that night calling for the defence of Malay honour.

“We have accepted constitutional monarchy and from across the South China Sea, we are with you to say that the youth of Sarawak are loyal to this system,” PBB Youth chief Fadillah Yusof said.

MIC Youth deputy chief S. Murugesan echoed this sentiment, declaring that the wing was “with you to support the royalty and uphold the constitution”.

MCA Youth deputy secretary-general Loh Chew June however, called on PR to stop its conspiracy of making false accusations against BN.

“Stop your baseless allegations. What is true remains true and what is false remains false,” he said.

Anwar’s tale of bullets, “kidnappings” and a CCTV tape

By Lee Wei Lian and Asrul Hadi Abdullah Sani-The Malaysian Insider

KUALA LUMPUR, Feb 19 — A photograph of three bullets, “kidnappings” and CCTV videotapes. These were among the evidence presented or alluded to by Opposition Leader Datuk Seri Anwar Ibrahim in parliament today to support his claims that the BN government is using bribery and other unethical tactics to entice defections.

Anwar also alleged that despite police reports, top government officials were deliberately taking no action.

He claimed that the bribery scheme could be traced to the deputy prime minister and while he did not present the CCTV recordings in parliament, when pressed by reporters afterwards if he had the tapes, he said: “you will know at the right time.”

“I am giving the truth and facts, the attempts that were conducted by the Umno leadership, including the Deputy Prime Minister and leaders who threatened, kidnapped, and giving bribery this only continues the record and tradition of bribery which are practiced by the said leaders,” Anwar said in parliament.

He told parliament how Lim Soo Nee, PKR’s state representative for Kulim agreed to be “bait” and worked together with the Anti-Corruption Agency (now called the Malaysian Anti Corruption Commission) to secure evidence of alleged bribery attempts made by agents of Datuk Seri Mahadzir Khalid to entice a defection.

Mahadzir is the former menteri besar of Kedah.

Mahadzir’s agents were alleged to have offered up to RM5 million for a defection, Anwar claimed.

A CCTV recording was purportedly made of a meeting between Lim and Mahadzir at a hotel in Seberang Jaya at the end of last year.

Anwar also showed a photograph of three bullets sent to PKR Bakar Arang state representative Tan Wei Shu.

It was alleged to have been sent when Tan declined an offer to defect. Tan made a police report but claims no police action was taken.

Anwar also spoke of three police reports lodged by former Bukit Selambau assemblyman V Arumugam.

The reports were lodged over various harassments including an alleged threat that he could end up like former Lunas state representative Joe Fernandez if he persisted in his political activities. Fernandez died after being shot three times in 2000.

“If a police report was made, go investigate. There was no investigation, not once was he called. This is a member of the state executive council and maybe he is Indian. And there is some perception that Indians are a lower class in Malaysia,” Anwar added.

Anwar claimed that the police and the MACC are not acting on the various police reports and the CCTV due to pressure from top leadership in government.

His BN counterparts however, declined to accept Anwar’s evidence at face value.

Dr. Mohd Puad Zarkashi, member of parliament for Batu Pahat, told Anwar not to blame BN for defections and said that the CCTV recording proves nothing as he also meets members from PKR.

Datuk Tajuddin Abdul Rahman, member of parliament for Pasir Salak, told Anwar not to accuse the police of wrong doing as they were not in parliament to defend themselves.

In the press conference afterwards, Anwar said that “the Attorney General will use all its powers” to frustrate investigations.

He added that Selangor state representatives had lodged police reports over attempts to bribe them but “that is an academic exercise” as it was unlikely any police investigation would arise out of the reports.

Before thousands, Zambry vows to defend monarchy

By Adib Zalkapli-The Malaysian Insider

KUALA LUMPUR, Feb 19 — Just one day after being suspended from the Perak legislative assembly, Menteri Besar Datuk Zambry Kadir today took his case to a gathering of more than 5,000 Barisan Nasional Youth members here by vowing to defend the institution of the monarchy.

The gathering was to demonstrate the loyalty of BN Youth members to the Malay Rulers.

Speaking to thousands of party members clad in yellow t-shirts, the Pangkor assemblyman warned the Pakatan Rakyat leadership not to undermine the Malay Rulers.

“We warn them not to go against the Rulers, do not play up the anti monarchy sentiment. We will defend the institution of the Malay Rulers,” said Zambry to shouts of Daulat Tuanku (Long Live The King).

He said the events in Perak were unprecedented and an embarrassment to the people.

“A man was willing to speak up against the Sultan, saying ‘patik mohon derhaka’. For the sake of power he was willing to commit treason against the Sultan,” said Zambry referring to Datuk Seri Nizar Jamaluddin who claims that he is still the legitimate Menteri Besar of Perak.

The state got into a constitutional crisis early this month after Sultan Azlan Shah refused to accept Nizar’s advice to dissolve the legislative assembly but chose to appoint a new BN government led by Zambry.

Nizar has also filed a suit at the Kuala Lumpur High Court seeking a declaration that Zambry’s appointment was illegal.

The Perak crisis worsen yesterday after the state assembly speaker V Sivakumar announced the suspension of Zambry and six state executive councillors.

The suspension is seen as an attempt by the PR to force the dissolution of the assembly to pave the way for a state-wide election, but seen by BN leaders as a sign of disrespect to the Sultan.

RM6 MILLION FOR CANOPY RENTAL BY POLICE?

It was reported that the Royal Malaysian Police Force spent RM 6 Million in renting canopy for the recently concluded Kuala Terengganu parliamentary by-elections. Can you belief it?

There seems to be a CORRUPT practice of public spending here.

Its time an investigation is commenced immediately and in future the police force made accountable since the country would eventually be facing a serious financial recession.

news n picture courtesy of anilnetto.com

Disgust at the new low in politics

The Royal Address was a valedictory address to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, when the Yang di-Pertuan Agong at the end of his address touched on the transition of leadership of the country, with the hand-over of the premiership to the Deputy Prime Minister next month.

The Yang di-Pertuan Agong recorded appreciation to the Prime Minister for his leadership and contribution, mentioning specifically to issues concerning “democracy, accountability, integrity, the fight against corruption, strengthening the judiciary and the application of Islamic Hadhari approach”.

To the majority of Malaysians, Abdullah’s tenure as the fifth Prime Minister will be remembered more for its missed opportunities than any real achievements.

We are told that a second stimulus package in the form of a mini-budget would be presented in Parliament on March 10 to boost the country’s economy, when more than four months ago, I had called on the new Finance Minister, Datuk Seri Najib Razak to present a revised 2,009 Budget to take corrective measures to shield the country from the world’s worst economic crisis in 80 years so as to enhance competitiveness, boost growth and tamp down inflation. A missed opportunity.

We are told of a Cabinet Committee to Identify and Monitor the Participation of Indian Community in Government Programmes and Projects chaired by the Deputy Prime Minister, when immediately after the landslide Barisan Nasional March 2004 general election, I had called for a high-powered Cabinet Committee to present a blueprint in the first meeting of Parliament to address the long-standing issues of marginalisation and alienation faced by Indian Malaysians in the country and to bring the Indian Malaysians into the mainstream of national development – political, economic, educational, social, cultural and all other aspects of the nation-building process. Another missed opportunity.

Immediately after the March 8 political tsunami in last year’s general election which swept away the Barisan Nasional’s hitherto unbroken two-thirds parliamentary majority and power in five states, the Prime Minister Datuk Seri Abdullah Ahmad Badawi said that he had heard the “strong message” of the voters, conceding:

“The result of the elections was a strong message that I have not moved fast enough in pushing through with the reforms that I had promised to undertake.

“I thank the Malaysian people for this message. Point made and point taken,”

However, Abdullah missed the whole point of the March 8 electoral verdict – not that he had “not moved fast enough” in reforms he pledged more than four years ago, but that he had hardly moved at all apart from periodically paying lip-service to them!

With Abdullah entering into his last 40 days of his premiership, it is clear that his premiership, forcibly ended by an unholy compact in the Umno leadership without any consultation or reference whatsoever to the other Barisan Nasional component parties – highlighting continued Umno hegemony and its role as the “bully” in Barisan Nasional – the country is presented with further examples of missed opportunities to bring about genuine reforms to strengthen the country’s foundations in nation-building, democracy, accountability, transparency, integrity, the fight against corruption, the just rule of law, a truly independent judiciary and good governance.

A day before the first meeting of the new Cabinet on 26th March 2008, I had sent an urgent fax to the Prime Minister on the eight matters which the new Cabinet should give priority to show that the second Abdullah administration is prepared to respond to the March 8 political tsunami and be on top of the changes demanded by Malaysians, viz:

  1. Immediate and unconditional release of the five Hindraf leaders, P. Uthayakumar, newly-elected DAP Selangor State Assemblyman for Kota Alam Shah M. Manoharan, V. Ganabatirau, R. Kenghadharan and T. Vasantha Kumar from Internal Security Act (ISA) detention as their only “offence” was to voice out the legitimate grievances of the long-standing marginalization of the Malaysian Indians and which had been vindicated by the March 8 general election results.
  2. Restoration of national and international confidence in the independence, integrity and quality of the judiciary with the establishment of a Judicial Appointments Commission and a Royal Commission into the two decades of judicial crises starting with the arbitrary and unconstitutional sacking of Tun Salleh Abas as Lord President and Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges in 1988.
  3. First-World Parliament - full commitment to comprehensive parliamentary reform and modernization including a full Select Committee system headed by Parliamentarians where every Ministry is shadowed by a Select Committee.
  4. All-out drive to eradicate corruption with the elevation of the Anti-Corruption Agency as an autonomous agency answerable only to Parliament.
  5. Leadership by example on integrity by Ministers, Deputy Ministers, Chief Ministers, Mentris Besar, MPs and State Assembly members, including public declaration of assets, end of discrimination in allocation of constituency development allocations to Opposition elected representatives, eradication of money politics as its use to induce defections and electoral reforms for free, fair and clean elections.
  6. Full implementation of the 125 recommendations of the Royal Police Commission to create an efficient, incorruptible, professional world-class police service to reduce crime, eradicate corruption and uphold human rights, particularly the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC).
  7. All-party inquiry to enhance Malaysia’s international competitiveness to enable the country to successfully face the challenges of globalization.
  8. Public inquiry into the RM4.6 billion Port Klang Free Zone (PKFZ) bailout scandal to demonstrate the new Government’s commitment to accountability, transparency, integrity and good governance.

Efforts had been made to address two of the eight points I highlighted, like the establishment of the Malaysian Anti-Corruption Commission (MACC) and the Judicial Appointments Commission (JAC) but both are a pale shadow of truly credible and independent institutions to fight corruption and restore national and international confidence in the independence of the judiciary.

In fact, since my first election as a Member of Parliament 40 years ago, I have never felt such disgust and distaste at the sordid state of politics in the country which have descended to a new depth marked by the illegal, immoral and unconstitutional grab for power in Perak and the violation of privacy and outrage of modesty of Elizabeth Wong, woman Exco member in Selangor.

This sense of disgust and distaste is the general feeling of Malaysians, regardless of race and religion. The Yang di Pertuan’s speech, for instance, had been completely displaced by the illegal power grab in Perak and the violation of privacy and outrage of modest of Elizabeth Wong, in all the media when the one and common concern should be the looming economic crisis facing the country!

The March 8 political tsunami represented the hopes of Malaysians for change and improvement to become a more united, harmonious, democratic, progressive and competitive nation so that Malaysia can take our rightful place in the global community instead of continually losing out to other countries.

The greatest challenge facing the country is how Malaysians are going to tide over the worst global economic crisis in 80 years with economists even forecasting a looming recession for Malaysia, but national priorities and energies spearheaded by the Prime Minister-in-waiting and the Finance Minister are completely misplaced – orchestrating an immoral, illegal and unconstitutional power grab in Perak to topple the legal, legitimate, effective and functioning Pakatan Rakyat Perak state government.

In the sixties, there was what is known as the Great Train Robbery in the United Kingdom. We have now our version of the Great Political Robbery resulting in outrage not only among the people of Perak but among all right-thinking Malaysians throughout the country at the robbery of the people’s legitimate and duly elected democratic government of Perak.

Malaysians have found that they have the lost the fundamental right to be free from crime and the fear of crime, aggravated by the refusal of the Abdullah administration to fully implement the 125 recommendations of the Royal Police Commission to create an efficient, incorruptible, professional world-class police service to keep crime low, fight corruption and respect human rights.

Malaysians, tourists and investors do not feel safe any more in the country, whether in the streets, public places or even in the privacy of their homes.

Now, with the Great Political Robbery orchestrated by Najib, Malaysians have also lost the safety of their political rights, when the legitimately and duly elected government of Pakatan Rakyat in Perak could be robbed by an immoral, illegal and unconstitutional power grab orchestrated by Najib.

As the sixth Prime Minister, Najib will not have his first 100 days to dazzle the people with bold promises and pledges of a new beginning, as what he had done in his pre-100 days, in particular the immoral, illegal and unconstitutional power grab he orchestrated in Perak, producing two Mentris Besar in Perak, will cast a long dark shadow over his premiership.

With the immoral, illegal and unconstitutional power grab in Perak, with defections of elected representatives, re-defection, public disappearances of defectors, monetary inducements in millions and even tens of millions of ringgit and intimidations, coupled with the latest outrage of the violation of privacy and outrage of modesty of Selangor woman Exco member, Elizabeth Wong, Najib will start off his administration as the most divisive and polarizing Prime Minister in the nation’s history.

With such a background, how can Najib command national confidence to successfully unite and rally Malaysians to lead the country to tide over the looming economic crisis?

DAP’s position against unprincipled, unethical and immoral party defection is clear and consistent.

As far back as 31 years ago in March 1978, I had sought to move a private member’s bill intituled Members of Parliament [Prevention of Defection] Act 1978 to ensure political integrity of Members of Parliament.

I had said in Parliament in my motion in 1978 that the defection of MPs or State Assemblymen from parties on whose ticket they got elected is most undesirable and unethical, because they are elected not because of their personal qualities, but because of the Party they represent. Such practices also permit elected politicians to be bought and sold as if they are on the market place.

If an elected MP resigns or is expelled from the Party on whose ticket he was originally elected, then he should resign his seat and cause a by-election to be held. If the resignation and expulsion is over a matter of political principle which has the support of the people, then the MP or State Assemblymen concerned should have no qualms about getting re-elected.

However, the Constitution two decades ago providing that an MP or Assemblyperson who resigned his seat would not be able to recontest for five years – an amendment the DAP had opposed.

What is urgently needed is the enactment of anti-hopping legislation and repeal of the five-year ban from recontesting for an elected representative as in Article 48(6) on the Federal Constitution.

(Extract of speech on the Motion of Thanks on the Royal Address in Parliament on Wednesday, Feb. 18, 2009)

Trigger Happy

“What is the point of having courts when the police have a tendency to execute suspects on the spot? Why can’t the police just injure and arrest them, and let the judicial process takes its course?" - Dr. Ramasamy

The Dead Age
Dileepkumar Ramamoorthy 20
Pannerselvam Rengasamy 27
Vadivelan Sivasundaram 29
Santhana Leo Joseph 34
Ilango Rajoo 40
Gurusamy Singam 50
trigger happy
makkalosai 190209

Opposition Walk Out After War-of-Words With Independent MP

KUALA LUMPUR, Feb 19 (Bernama) -- A majority of the Opposition members of Parliament (MPS) walked out of the Dewan Rakyat Thursday when Datuk Ibrahim Ali (Ind-Pasir Mas) debated the motion of thanks for the Royal address.

They did so to show their dissatisfaction over Ibrahim's remarks about the Opposition, which caused a war-of-words to break out between him and the Opposition MPs.


Ibrahim earlier had poked fun at them calling them hypocrites who did not fulfill their promises when in power but were very good at slamming the government when outside the government.

When he used the words 'bangsa asing' (foreigner) in describing people who did not know how to address Royalty properly, it got N. Gobalakrishnan (PKR-Padang Serai) all riled up and demanding Ibrahim retract the words, which Ibrahim refused claiming he was referring to non-Malaysians.

Deputy Speaker Datuk Dr Wan Junaidi Tuanku Jaafar tried to calm things down but was ignored by the warring parties.

When the situation got out of hand Gobalakrishnan walked out which led to Ibrahim apologizing to Dr Wan Junaidi but claiming it was Gobalakrishnan who had provoked him.

Before things could settle down, another flare up started when Khalid Abdul Samad (PAS-Shah Alam) chided Ibrahim for behaving as though he was the only one championing the rights and institution of the Malay Rulers.

During the heated exchange that ensued between them, Ibrahim flung his songkok on his table which led to Khalid also walking out of the Dewan followed by most of the other Opposition MPs present.

Ibrahim, however, drew support from the backbenchers including Datuk Bung Moktar Radin (BN-Kinabatangan) and Datuk Mohamed Aziz (BN-Sri Gading) who praised him for his firm stand on issues concerning the institution.

Earlier, during the same debate, Opposition leader Datuk Seri Anwar Ibrahim (PKR-Permatang Pauh) had stated that he disagreed with DAP chairman Karpal Singh's intention to file a civil suit against Sultan Azlan Shah of Perak describing it as unnecessary.

Anwar said as a Malay, he wanted the Royal institution to be given its due respect and was of the opinion that the action should be taken against the Perak government, which he claimed was unlawful.

He was referring to Karpal Singh saying he would take the Sultan to court for allowing the Barisan Nasional to replace the DAP-PKR-PAS government in Perak after the pact lost the majority in the state's legislature on Feb 4.

Press Release: Statement on the Perak Crisis

Image The situation in Perak today once again raises many Constitutional issues.

There are some overriding principles that operate in such situations. One is the doctrine of separation of powers, which means that the Judiciary cannot interfere in the workings (proceedings) of Parliament or the State Legislative Assemblies (Article 72 of the Federal Constitution), as they have the privilege of regulating their own internal affairs and procedure.

The doctrine of separation of powers also means that there should be no Executive influence in the workings of Parliament and State Legislative Assemblies. We say this as it has been reported that there are attempts to lodge police reports against the Speaker of the Perak State Assembly, which would violate these provisions.

The other principle is that the Speaker has wide powers, which in this case will be set out in the relevant Standing Orders.

Apart from these overarching principles, one will have to study the Perak Constitution and Standing Orders to resolve if the correct procedure was followed in the recent suspension of Datuk Dr Zambry Abd Kadir and his six executive council members.

One legal view is that the Speaker and the Committee of Special Privileges have the powers that they have exercised; another is that the matter referred to the Committee of Special Privileges must be placed before the State Assembly before it can take effect.

Regardless of whether the correct procedure was followed by the Speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of their proceedings may nevertheless be outside the jurisdiction of the courts.

While we wrestle with these constitutional and legal issues, there is a reality on the ground that we must face. The legal actions are not the first and are unlikely to be the last. This is not desirable and does not provide an effective and definitive solution. Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole.


Dato' Ambiga Sreenevasan

President
Malaysian Bar
19 February 2009

Karpal Says Decision Must Be Endorsed By State Assembly

KUALA LUMPUR, Feb 19 (Bernama) -- DAP national chairman Karpal Singh said the decision of the Perak State Assembly Rights and Privilages Committee to suspend Menteri Besar Datuk Dr Zambry Abdul Kadir and his six council members must be endorsed by the state assembly.

Karpal, who is also a prominent lawyer, said Perak State Assemby Speaker V. Sivakumar has to convene a sitting of the assembly to enable the decision to be debated and put to a vote.

"The Perak constitution provides that when the assembly is not in session, the Speaker can refer complaints to the committee of privileges, which he heads. If he finds a prima facie case, any findings or decisions must be reported to the assembly.

"It is my view that this means that the speaker must refer the matter to the state assembly for debate and endorsement".

Relating his previous experience, the Bukit Gelugor member of Parliament said he was faced with a similar action in 2004 after being accused of misleading Parliament by saying that members of Parliament must raise their right hand when taking their oath of office.

"The committee of privileges made a decision to suspend me for six months and this was brought before the House where it was debated and the decision was confirmed." he said.

However, DAP national vice-chairman Chong Chieng Jien, who is also the MP for Bandar Kuching, pointed out that the speaker's decision cannot be challenged in any court.

"There is no recourse. You can't challenge it in court. Otherwise you will open the floodgates," said Chong, who is also the state assemblyman for Kota Sentosa, Sarawak.

Chong, who is currently serving a seven months suspension from the Sarawak State Assembly, said: "If the Federal Court decide that they can hear the case, then everybody can bring their suspension cases to court".

"I just give you an example. If the decision by the Dewan Rakyat Speaker can be challenged in the court, then almost every now and then there will be cases and the speaker will not have other things to do except going to court.

"There is no moral ground to claim this suspension as undemocratic. His decision is final, you can't bring it to court," he added.

Meanwhile, some DAP politicians have also expressed their disagreement with the move taken by Sivakumar.

"For me, this is more like a lawyer's stunt or a political stunt. I'm worried this may backfire on us, particularly among the Malay voters," said a DAP representative in Parliament.

His view was shared by a PKR representative who said: "You should talk about governing, not to come out with this kind of stunt. Let the court decide.

"Why need to do this again. If you have filed a lawsuit, let's wait until the decision. Don't need to do this," he said.

Former Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin has challenged in court the legality of the new Barisan Nasional government in Perak.

Gerakan Deputy President Datuk Chang Ko Youn, who also disagreed with the decision, said the best way to settle the issue was to let the court decide.

"In the meantime, everybody needs to remain calm and let the legal process take its course," said Chang who is also the Perak Gerakan Chairman.

For Dewan Rakyat Deputy Speaker Datuk Wan Junaidi Tuanku Jaafar, Sivakumar had made a mistake by announcing the decision of the committee as he was supposed to keep it a secret until the assembly sat.

He was also of the view that Dr Zambry should not have attended the hearing as the composition of the committee members was now not correct following the change in the state government.

"It was five to one after March 8. But in 2009, its different. At least it should be four to two as the composition must reflect the number of representatives from the parties which now control the state assembly," he said.

Therefore, Wan Junaidi said, the Perak Menteri Besar should not have appeared for the committee's hearing as it would make the committee legitimate.

Thursday, 19 February 2009

Wong's fate to be decided next Wed?

Public Voices on Eli

Greater love hath no man than this, that a man lay down his life for his friends

Late last night, a group of us met up and, very quickly, the conversation turned to RPK’s ‘Probably my last message’ post.

The discussion became very heated.

Tempers flared.

At the heart of all that was said was an earnest concern for a man who has come to mean so much to so many of us.

20071011-raja_petra A man who has thus far displayed such tenacity in pushing for change, in pressing for greater transparency and accountability in governance, and tirelessly working to free so many from the mental bondage inflicted by a media so long subservient to their corrupt, political masters.

Yet, we feared that it was this same tenacity that would leave our friend dead in less than two weeks.

A suggestion was made to mobilise a huge turnout for the hearing in the Federal Court next Monday of the Home Minister’s appeal against the order of the Shah Alam High Court that set RPK free last November.

Even as the merits of this suggestion was being deliberated, the task of speaking to and persuading RPK that that which he now contemplated and had made known through his last post could not serve the best interests of the people that he had surely come to love, was thrust upon me.

Back at my hotel room and alone, I revisited RPK’s post. As I read each of the almost 300 comments, I could not help recall my thoughts that I had shared with you last September in my ‘Have we misrepresented ourselves to RPK?’ post.

I had breakfast with RPK this morning.

For a change, I did most of the talking whilst RPK did most of the listening.

I presented to him what I thought were viable options to that which he vowed to do.

He said that he would give due consideration to all that I had said.

Frankly, I felt that this concession that he offered was with a view only to bring the discussion to a close, and I told him so.

He smiled.

I told him that I had one more thing to say before we parted. In his post, he asked that we all continue the struggle to make this country a better place. I told him that the many who worked with him to this end, myself included, were not as yet prepared to continue the struggle without his leadership. I said that if indeed he lost the case next Monday and was packed off again to Kamunting, and it became obvious to us on the outside that he was carrying through with that which he said he would do, I wanted him to know that, with a view to persuading the authorities to end his detention or him to end his vow to ‘fast to the end’, a number of us would join him on the outside in a ‘fast to the end’.

RPK eyeballed me, for almost a half minute, as if trying to suss out if I were bluffing, then asked, “How many?”.

“For now, just a handful”, I replied.

“You?”, he asked.

It was my turn to smile.

We embraced and parted.

For the unfamiliar, the title of this post was taken from the Gospel according to John, Chapter 15 verse 13.

Lagi Mangsa Polis: 6 Suspek Di Tembak

ZULKIFLI BIN NOORDIN

AHLI PARLIMEN KULIM BANDAR BHARU

Pejabat Wakil Rakyat, Ahli Parlimen Kulim Bandar Bharu, Tingkat 7, Wisma Yakin, Jalan Masjid India, 50100 K.Lumpur

Tel: 03-26936190 Fax: 03-26936255 Email: aduan4kulim @ yahoo.com Web: zul4kulim.blogspots.com

KENYATAAN AKHBAR


Rakyat Kulim khususnya merasa terkejut apabila Enam (6) orang pemuda India telah terbunuh akibat tembakan pihak keselamatan polis malam semalam dalam satu kejadia di pekan Karangan dibawah Parlimen Kulim Bandar Bharu. Pihak polis mendakwa mereka adalah disyaki penjenayah dan telah menembak kearah pasukan polis apabila diminta menyerah diri. Dua (2) pucuk pistol dikatakan dijumpai bersama mereka.

Mereka yang ditembak mati tersebut adalah Elanggo a/l Rajoo, Santhana, Dhilip Kumar, Pannirselvam, Vadivelu dan Chandran. Masyarakat Karangan mengenali Elanggo sebagai peniaga barangan komputer disebuah premis di pekan kecil tersebut. Yang lain-lain adalah pekerja beliau, rakan-rakan serta kenalan beliau.

Mengenali mangsa-mangsa tersebut, kini sudah timbul keresahan dikalangan rakyat Kulim tentang mengapa dan bagaimana penama-penama tersebut ditembak mati. Mereka bertanya samada ujud unsur-unsur kelalaian atau penganiayaan terhadap mereka.

Demi keadilan bagi rakyat, dan untuk merungkai sebarang salah faham dan fitnah, saya sebagai Ahli Parlimen Kulim Bandar Bharu mendesak agar suatu siasatan bebas dijalankan untuk memperjelaskan kedudukan sebenar kejadian tersebut. Saya berpendapat adalah wajar suatu inquiry dilaksanakan untuk mencari kebenaran dan keadilan bagi semua pihak.

Rabu: 21 Safar 1430 / 18 Februari 2009

Zulkifli Bin Noordin

===============================================================

Kenyataan Media oleh

YB N.GOBALAKRISHNAN

Ahli Parlimen Padang Serai
18 Feb 2009

Negara dikejutkan dengan satu lagi kes pembunuhan 6 suspek lelaki india secara kejam oleh pihak polis di sebuah premis perniagaan yang terletak di Karangan, Kulim, Kedah.

Mereka yang terbunuh adalah Elanggo a/l Raju, Santhana, Dhilip Kumar, Pannirselvam, Vadivelu, Chandran. Elanggo merupakan seorang ahli perniagaan yang terlibat dalam membeli barangan terpakai komputer manakala Santhana dan Dhilip Kumar merupakan pekerja-pekerja Elanggo.
Turut dibunuh di tempat kejadian adalah kawan-kawan Elanggo, iaitu Pannirselvam dan Vadivelu yang turut bersama beliau datang melawat premis perniagaan iaitu sebuah gudang yang dijadikan stor untuk menyimpan barangan terpakai komputer milik Elanggo.
Pannirselvam adalah seorang penduduk kawasan Kulim yang bekerja di Singapura dan beliau di jangka pulang ke Singapura dalam masa 2 hari lagi selepas habis bercuti di Kulim.
Manakala mangsa terakhir adalah Chandran yang merupakan seorang pekerja kontrak dari Selama, Perak yang di upah oleh Elanggo untuk kerja baik pulih gudang milik beliau.

Anwar promises proof of BN blackmail

By Lee Wei Lian


KUALA LUMPUR, Feb 18 — Opposition leader Datuk Seri Anwar Ibrahim says he will expose how threats and inducements are used against Pakatan Rakyat state assemblymen and members of parliament in his speech in parliament tomorrow.

“I am going to show proof of blackmail in my parliament speech tomorrow,” the federal representative for Permatang Pauh told reporters today.

Pakatan Rakyat leaders have been under ferocious pressure with talk of defections rife ever since three Perak state representatives switched their support from the fledging coalition earlier this month giving BN a lead in the state assembly and causing the ouster of Menteri Besar Datuk Seri Nizar Jamaludin.

It is speculated that the proof that Anwar plans to present tomorrow will be related to the resignation of PKR’s Bukit Selambau state assemblyman V Arumugam on February 8. The resignation was allegedly due to pressure exerted by BN on Arumugam to defect.

Arumugam had lodged a police report on various threats he received but claims no police action was taken.

Apart from Kedah, BN is also rumoured to be on the prowl in Selangor where a PKR led Pakatan government holds an eight seat advantage over BN.

Last week, PKR’s Port Klang assemblyman Badrul Hashim Abdullah had to deny allegations that khalwat charges are being used against him in order to force a defection to BN.

Most recently, naked photographs of PKR’s Bukit Lanjan state representative Elizabeth Wong have been leaked to the media and Pakatan Rakyat has been quick to label the photos as BN’s attempt at gutter politics aimed at discrediting the Selangor state government with which Wong was a state executive councillor.

In a possibly related incident, a man named Ramlan Haji Abu Bakar who claims to be president of Gerakan Reformasi Rakyat Malaysia (Reformis) met with reporters in Parliament today and told them that he was issuing PKR vice president Azmin Ali with an ultimatum to meet him within five days or he would expose what he claims would be damaging secrets of the Selangor government.

In response, Azmin told reporters that he had been away performing his umrah in Mecca and then preoccupied with the political crisis in Perak which was the reason why he was not able to get in touch with the president of Reformis.

Azmin also told reporters that he installed a CCTV system in his house two days ago due to security concerns as his house was broken into four times within a year and both brake hoses in his car were recently cut. “When my house was broken into, it was not an ordinary burglary,” he says. “They wanted to put something into the house.”

On a separate topic, Azmin said that PKR would continue to defend embattled state representative Wong, and that all PKR members of parliament and state representatives would be meeting tonight to discuss the issue.

Perak Speaker has suspension powers, says legal expert

By Debra Chong-The Malaysian Insider

KUALA LUMPUR, Feb 18 — The Perak Speaker acted within his powers when he barred Menteri Besar Datuk Zambry Abdul Kadir and six executive councillors from the next sitting of the state legislature, in the latest move arising from the constitutional crisis in Perak, said a law expert today.

Abdul Aziz Bari, a law professor at the International Islamic University here, told The Malaysian Insider that the Speaker’s authority covers a very wide area in matters involving the assembly’s regulations.

“That includes the finality on the interpretation of provisions in the Standing Orders, the rules which govern the House,” he said.

Veteran lawyer, Karpal Singh, concurred.

Karpal, who is also the DAP chairman, said that while V Sivakumar is a first-term Speaker, he is absolutely within his rights to act as he did today.

Earlier today, Sivakumar announced that Zambry would not be allowed to take part in the state assembly’s proceedings for the next 18 months, following a probe by the state assembly’s Special Privileges Committee.

Sivakumar added that six other BN state lawmakers would also not be allowed in for the next 12 months.

The committee had acted following complaints that the seven state assemblymen were appointed unconstitutionally.

Abdul Aziz observed that at the federal level, the Speaker of the Dewan Rakyat has previously made some “absurd and illogical decisions — rejecting motions and suspending members, among others”.

“Now it is the turn of the BN to taste that,” he noted.

Pakatan Rakyat’s (PR) Datuk Seri Mohammad Nizar Jamaluddin maintains he is still the lawful menteri besar of Perak as he has neither resigned from his post nor has he been voted out by the majority of assemblymen in the state legislative assembly.

His civil suit against Zambry, filed last Friday challenging the Pangkor assemblyman for usurping his authority, was heard this morning at the High Court here.

Abdul Aziz said that Nizar has a right to stake his claim in court as it is based on the “dubious position of Zambry’s government”.

He added that the state government “owes its position” to the majority in the legislative assembly.

“This is the problem as we are not sure whether Zambry’s got that,” the professor said.

Former Parliament secretary says suspensions are procedurally flawed

KUALA LUMPUR, Feb 16 — Perak state legislative assembly Speaker V Sivakumar did not follow procedures in suspending Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and six state executive councillors (excos) from the assembly’s sittings, said former Dewan Rakyat secretary Datuk Abdullah Abdul Wahab.

He said the decision to suspend them by the assembly’s Rights and Privileges Committee, which is part of the legislative process, must get the approval of the members of the assembly.

“The committee can only make recommendations. It is up to the assembly members to approve or reject the recommendations,” he told Bernama here today.

He said only if the assemblymen approved the recommendations, such suspensions could be meted out.

Abdullah said this in commenting on a statement by V Sivakumar today announcing the suspension of Zambry from attending Perak State Assembly sittings for 18 months.

The six excos — Datuk Ramly Zahari (Manong), Datuk Saarani Mohamad (Kota Tampan), Hamidah Osman (Sungai Rapat), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting) and Dr Mah Hang Soon (Chenderiang) — were suspended for 12 months.

The suspensions were with immediate effect.

The committee took the action after receiving a complaints from Canning assemblyman Wong Kah Woh of the DAP, who alleged that their swearing-in as Menteri Besar and excos was in contravention of the state Constitution as Perak’s 10th Menteri Besar, Datuk Seri Mohammad Nizar Jamaluddin, had yet to officially resign, Sivakumar had said in a four-paragraph press statement released in Ipoh earlier today.

According to Abdullah, the Dewan Rakyat once took a similar action in suspending Fong Po Kuan (DAP-Batu Gajah) as a Member of Parliament, and it was done as per the Standing Orders.

On Dec 11 2001, Datuk Seri Dr Rais Yatim, who was then Minister in the Prime Minister’s Department, had moved a motion to have her suspended for six months for issuing a press statement that insulted Parliament and the Speaker Tun Dr Mohamed Zahir Ismail.

The decision to suspend Fong was put to a vote where 83 members supported it while 28 were against, and it was not done outside the assembly without the approval of its members, he said.

A senior legal practitioner in Ipoh, who did not want to be named, said the action taken by Sivakumar was “a clear violation of the Standing Orders of the State Legislative Assembly of Perak”.

He said under Rule 71 (2) of the orders, when the assembly is not in session, a member can inform the Speaker if there had been violations of the rights and privileges.

The Speaker, if he is satisfied with the complaint, can refer it to the Rights and Privileges Committee and the committee must report it to the assembly, he said.

He said the action was also “against the principles of natural justice” since the seven are the people’s elected representatives, and thus the decision would prevent them from carrying their responsibilities.

“More serious, Zambry and the six Excos are appointed by the Sultan of Perak and this action violates Article 12 of the Laws of the Constitution of Perak on the appointment of Menteri Besar and Article 16 on the appointment of Excos,” he said.

It also prevented the seven who have been appointed legally by the Sultan of Perak from carrying out their task in managing and developing the state, which is badly needed in facing the current economic uncertainties.

“Furthermore, were the seven issued summonses which detailed their wrong doings and allowed to defend themselves?” he asked.

Meanwhile, constitutional law lecturer Prof Dr Aziz Bari said that Sivakumar being the Speaker had the power to do so (mete out the suspensions).

“The Speaker is the master of the house...basically,” he said.

He said in the past, there had been cases of suspensions of state assembly persons by state assembly Speakers and Members of Parliament (MPs) by the Dewan Rakyat Speaker.

“The power of the Speaker is same,” he said, adding that throughout the Commonwealth, when it came to the power of the Speaker, it was the same.

“So, I don’t see how this problem (Perak) can be solved without having an election,” he added. — Bernama

Zambry seeks to remedy situation, claims speaker was lying

IPOH, Feb 18 — Menteri Besar Datuk Dr Zambry Abdul Kadir said he and the six executive council members will take “follow-up” actions following their suspensions by the state legislative assembly’s Rights and Privileges Committee.

He declined to say what the actions would be but said that the suspensions were made “in total disregard to the power of the Sultan of Perak to appoint the Menteri Besar and the executive council.”

The committee also barred Zambry and his executive council from attending the state legislative assembly for 18 months and 12 months respectively, effective today.

All of them were summoned to appear before the Rights and Privileges Committee following complaints by DAP assemblyman for Canning, Wong Kah Woh, who claimed that their appointment to their respective posts contravened the state constitution, and in contempt of the assembly because the 10th Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin had not officially resigned.

Speaker V. Sivakumar who announced the suspension, said Zambry and his executive council failed to offer any explanation pertaining to their actions.

When contacted by Bernama tonight, Zambry said, Sivakumar’s statement was “a serious lie”.

“His claim that we have failed to offer any explanation is a lie of the most serious nature ever committed by a speaker,” he said, adding that the speaker should have raised the matter during a state legislative assembly sitting and not acted “according to his whims and fancies”.

Zambry added that he and the executive councillors had stated their positions and raised preliminary objections to the charges brought against them.

He also said that their suspensions would also be subjudice as there was still a suit pending in the High Court challenging his appointment as the menteri besar. — Bernama

HILMI MALEK - ELIZABETH WONGS EX-LOVER, THE CULPRIT

It is widely report that the 'culprit' who exposed the nude photos and video of State Assemblywoman and Selangor State Executive Councillor Elizabeth Wong is her ex-lover, a MUSLIM, Hilmi Malek who worked as a Special Assistant to MP for Petaling Jaya Selatan, Hee Loy Sian, who has resigned since January.

With this revelation, it seems that Hilmi had committed a serious offence under civil law for invasion of privacy and in Syariah law for khalwat and zina.

The Member of Parliament for Titiwangsa (PAS) Dr Lo' Lo' Ghazali stated that Hilmi should be jailed for this offence rather than been fined.

It was further reported that the police have started questioning the Malay Mail daily newspaper reporters on the photos but it was revealed that Hilmi is on the run and unable to be contacted.

It is also speculated that the UMNO-led Barisan Nasional leaders have been implicated in this exposure and with time, the truth will be revealed.

picture courtesy of Agendadaily

Six shot dead in Kulim

Bernama - Wednesday, February 18

SUNGAI PETANI, Feb 18 (Bernama) -- Police shot dead six criminals and detained four women in a shoot-out at a house in Kampung Kemunting, Karangan, in Kulim yesterday.

"When the policemen barged into the house and introduced themselves, six men between the age of 20 and 50, fired several shots at them, and in defence, the police fired back and the shots hit the six suspects," he told reporters here today.

He said four women, aged between 21 and 28, who were in the house were detained to assist police investigations.

Syed Ismail said all the suspects killed in the incident were believed to be involved in armed-robbery cases reported in Kedah, Penang, Perak and Selangor, adding that the group's last heist was in Sitiawan, Perak.

-- MORE

POLICE-SHOOT 2 (LAST) SUNGAI PETANI

The house served as a place for them to smelt the gold loot obtained from their robberies, he added.

He said the identities of the suspects would be revealed after police had notified their families.

However, he said, three of them were from Kulim, one from Selama in Perak, the other had an address in Johor, while another had no personal documents on him.

On the women who were detained, Syed Ismail said they were from Penang and Bandar Baru in Kedah, adding that police were investigating their relations with the six suspects.

He said police searched the house, which was recently built, and found two pistols -- a Smith & Wesson 9mm with seven rounds of ammunition and a .38 revolver with five rounds of ammunition.

Police also seized three luxury cars -- a BMW, a Proton Perdana and a Cherokee four-wheel-drive vehicle -- and several equipments used for gold smelting, he added.

**********

Police Action Not Based On Race - Mohd Bakri

ALOR SETAR, Feb 18 (Bernama) -- Bukit Aman CID chief Datuk Mohd Bakri Zinin said police have the right to defend itself and quashed rumours that it acted based on skin colour.

He said in crime prevention, police laways acted based on information, the law, professionally, with patience and without racial prejudice.

"Police action in Kedah last night met all the criteria needed," he said defending the killing of six criminals aged 20-50 in a shootout at Lot 157-A, Kampung Kamunting, Karangan, Kulim at 10.10pm last night.

Mohd Bakri said this at a press conference at Kedah police headquarters here on Wednesday to explain the shootings and rumours that police only targeted people from a certain race.

In the operation last night, police also detained four women aged 20-24 and seized two Smith & Wesson 9mm revolvers with seven live bullets, a .38 revolver with five live bullets, a BMW, Proton Perdana and Cherokee jeep, gold smelting and drug processsing equipments.

He warned that police would act against political party leaders and non-governmental organisations (NGO) involved in protecting criminals.

"I hope this issue will not be politicised to fan racial sentiments as it will only disrupt the community.

"Criminals are a creation of the society not the police who are hated for taking action to protect the public."

Mohd Bakri denied that police shot dead an 18 year-old student last night and said action under the Sedition Act would be taken against those found spreading such rumours.

-- BERNAMA

*******

The Star

Six armed robbers shot dead in Kulim


SUNGAI PETANI: Police shot dead six armed robbers and nabbed four women in a shootout at a house in Kampung Kemunting, Karangan, in Kulim.

They were involved in a series of armed robberies on goldsmith shops in Kedah, Penang, Perak and Selangor, said Kedah police chief Datuk Deputy Comm Syed Ismail Syed Azizan.

He said a Bukit Aman police team had identified themselves to the group outside a house in Kampung Kemunting but were shot at instead at about 11pm.

“We had no choice but to retaliate or else the policemen could have been shot dead. The exchange of gunfire ultimately led to the death of the six men aged between 20 and 50.

“A semi-automatic Smith & Wesson 9mm with seven rounds of ammunition and a .38 Revolver with five were recovered from the bodies.

“Neighbours were unaware of their clandestine activities as the house was covered up with zinc fencing. Equipment used to melt their gold loot were also recovered,” he told a press conference on Wednesday.

DCP Syed Ismail said two of the deceased had criminal records, adding that three vehicles, including a BMW said to have been used in the robberies, were also found at the scene.

The deceased have been identified as contract workers R.Elangovan, 38, and L. S. Santana, 34, contractor R. Pannir, 28, crane driver S. Vadivelan, 29, carpenter S. Gurusamy, 50, and lorry attendant R. Dilip Kumar, 20.

Four women, aged between 21 and 28, said to be the deceased’s girlfriends were also picked up and they have since been remanded by a magistrate’s court to assist in investigations.

Meanwhile, Penang Deputy Chief Minister II Dr P. Ramasamy said he would table an emergency motion in Parliament to discuss the fatal shooting of six suspects.

Dr Ramasamy, who is Batu Kawan MP, said there had been too many cases where police had shot dead suspects without trial.

“What is the point of having courts when the police have a tendency to execute suspects on the spot? Why can’t the police just injure and arrest them, and let the judicial process takes its course? he told newsmen outside the Sultan Abdul Halim hospital mortuary on Wednesday.

Claiming that most of the incidents involved a specific community, Dr Ramasamy said such trend was worrying.

“There had been cases where suspects were shot at point blank or close range,” he said.

Ramasamy said the hospital authorities did not allow even the elected representatives to enter the mortuary.

Makkal Sakthi national coordinator R. S. Thanenthiran called on the police to hold an inquest to ascertain what really transpired.

Elizabeth Wong’s ex-boy friend Hilmi Malik

Hilmi Malik



Zambry and his exco suspended - now what?


Perak Speaker V Sivakumar springs a major surprise Photo by Amiruddin

Is it a stalemate now? Or checkmate…

Perak state assembly speaker V Sivakumar has reportedly suspended Zamby (18 months) and his six exco members (12 months) from the state assembly.

How can the state government function if the exco is barred from attending state assembly proceedings?

The suspensions came after an inquiry before the Special Privileges Committee, mainly comprising Pakatan assembly members, looked into complaints that the appointments of the new exco were unconstitutional.

It looks like a worrying stalemate, which won’t be resolved until fresh elections are held.

It’s time to go back to the people to resolve this once and for all.

Perbahasan Titah Diraja Esok

Saya dijadual membahaskan titah diraja semalam. Tetapi saya pohon kepada Tan Sri Speaker untuk memulakan ucapan pagi tadi atas alasan urusan mendesak.

Walau bagaimanapun saya telah memberi laluan kepada Tuan Guru Ustaz Hadi Awang (PAS-Marang) untuk berucap hari ini kerana terpaksa ke Terengganu segera.

Inshaallah saya akan berucap esok dan akan mendedahkan muslihat UMNO-BN.

ANWAR IBRAHIM

Perak Speaker Suspends MB And Entire Executive Council

IPOH, Feb 18 (Bernama) -- In an unprecendented move, Perak state legislative assembly speaker V. Sivakumar today suspended Menteri Besar Datuk Dr Zambry Abdul Kadir and his executive council members from attending the state legislative assembly for a lengthy period.

The latest twist to the Perak political saga came after Sivakumar ruled that Zambry and the six executive councillors were in contempt of the assembly.

Zambry and his executive council were barred for 18 months and 12 months respectively, effective today.

Sivakumar of DAP announced the decision after Zambry and the six executive councillors were summoned before the state legislative assembly's Rights and Privileges Committee today.

"The decision is taken after they failed to offer any explanation pertaining to their actions which are in contempt of the assembly," Sivakumar said in a statement.

The BN took over the state government on Feb 6 when three Parti Keadilan Rakyat and a DAP assemblyman left their respective parties -- one to rejoin the BN while the other three quit to become "BN friendly" Independent assemblymen.

Zambry took his oath of office on Feb 6 while the six executive councillors were sworn in four days later.

All of them were summoned to appear before the Rights and Privileges Committee following complaints by DAP assemblyman for Canning, Wong Kah Woh, that their appointment contravened the state constitution, and in contempt of the assembly as the 10th Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin had not officially resigned.

Sivakumar said that after deliberating the complaint, the committee found that Zambry and his executive council were in contempt of the assembly.

Apart from Zambry, the other executive councillors are Manong assemblyman Datuk Ramly Zahari, Datuk Saarani Mohamad (Kota Tampan), Hamidah Osman (Sungai Rapat), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting) and Dr Mah Hang Soon (Chenderiang).

Zambry and the executive councillors testified before the committee at the financial division's meeting room of the State Secretary Building at 3pm.

They emerged some 30 minutes later but declined to meet the press who were waiting outside.

The Rights and Privileges Committee is chaired by Sivakumar.

The committee's other members are Husin Din (PAS-Selingsing), Chan Ming Kai (PKR-Simpang Pulai), Ong Boon Piow (DAP-Tebing Tinggi), Loke Chee Yan (DAP-Kepayang) dan Sum Chok Leng (DAP-Bercham) while BN's sole representative is Datuk Hasbullah Osman (Temenggor).