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Monday, 20 April 2009

Khir Toyo – “I am actually a very simple man”

[Marina Mahathir’s blog drew my attention to the Sunday Star reporter Shahanaaz Habib’s interview with former Selangor Mentri Besar Datuk Seri Khir Toyo on the can of worms opened up by the Selangor Select Committee on Competence, Accountability and Transparency (Selcat) hearings on the financial scandals of Balkis (the former Selangor Elected Representatives Wives Welfare Association) and that the interview online has more in it than the one in the print version.

Marina is right, there is indeed more in the online interview with Khir who described himself as: “I’m actually a very simple man”. It is a must read (below)

Malaysians would be assured of a better future for themselves and future generations if they could be spared of such “simple men” and their ilk!

I agree with Marina when she asked: “I'm just wondering why the MACC hasn't pulled him up for questioning yet. Or do they actually find his explanations plausible?”

Can we have an answer from the MACC Chief Commissioner, Datuk Seri Ahmad Said Hamdan, if he can spare a moment from his preoccupation with “car and cows”?

Shahanaaz deserves credit for a most extraordinarily insightful and revealing interview. I don't think there has been another interview in the history of Malaysian journalism which has been so self-incriminating as well as exposing the hypocrisy, shallowness and pomposity of the person interviewed. Shabas. ]

Sunday April 19, 2009
Khir has his say on allegations
By SHAHANAAZ HABIB

Former Selangor Mentri Besar Datuk Seri Dr Khir Toyo has come under a lot fire recently for purportedly misusing the state agencies’ funds for costly trips, family holidays and personal gain - something he vehemently denies.

Pakatan Rakyat which wrested the state in the March 8 2008 general election has set up a Select Committee on Competence, Accountability and Transparency (Selcat) to probe the financial dealings of Balkis (the former Selangor Elected Representatives Wives Welfare Association headed by Dr Khir’s wife), to see if there was any wrongdoing or element of criminal breach of trust in the charity organisation.

Last month, the bosses of Permodalan Negeri Selangor Bhd (PNSB), Kumpulan Darul Ehsan Bhd (KDEB) and PKNS and others testified at the Selcat hearing and some of their disclosures were shocking - that RM1.7mil was paid for DisneyWorld and DisneyLand “technical” trips, RM200,000 for a Jogjakarta trip and that they paid the air tickets for Dr Khir’s maid to go on the trips and that they got instructions from the (then) Mentri Besar to sponsor Balkis events.

Denying any wrongdoing, Dr Khir who chose not to attend the Selcat inquiry, gives his side of the story. He also says that he will never forgive Pakatan Rakyat until he dies for smearing his reputation.

Q: It has been a year since the general election with Selangor having fallen to Pakatan Rakyat, how do you see the whole political scenario?

A: I think there are mixed feelings among the public. Some believe Pakatan Rakyat (PR) is doing quite well but some do not. This is based on perception. PR managed to give a good perception about themselves to the public. The low income group are happy because a lot of goodies have been given to them but the business or corporate community in Selangor are not happy because they obviously see the economy shrinking. That is so apparent. Lately the urban areas are beginning to see that the local authorities have failed to improve their basic services.

Q: You contested the Umno Youth Chief post and came in second. What do you think of Khairy Jamaluddin as the new Youth Chief and Datuk Mukhriz Mahathir as deputy minister?

A: Khairy has won and I think he needs to work hard. Without his father-in-law (Tun Abdullah Ahmad Badawi), I think he needs to work even harder. But first he needs to clear the perception about him. I think the Malaysian public still cannot accept him as Youth chief.

As for Mukhriz - it’s simple. There must be ‘keturunan’ (lineage). His father (former Prime Minister Tun Mahathir Mohamad) was there (in the seat of power) so his child too must be there. That’s Malaysian politics for you. It’s happened before and it’s happened again. It’s a normal thing.

Q: Some say you are arrogant because you used the broom award to shame departments, boasted before the March 8 general elections that there will be zero opposition in Selangor and in a forum after the election you challenged the new PR government to investigate you from head to toe.

A: The broom award was decided by the state government officers and personally I think it was good because that department (that was shamed for non-performance by winning the broom award) got number one placing for performance the following year. The broom award was just to change the mind set.

As for the zero opposition, as Mentri Besar and state Barisan Nasional chairman if I say we are weak, all my people will be disheartened and dispirited. As a general, even if you lose the war, you must still say that you have not. That’s the way to handle perception, feelings and the spirit of our ‘soldiers’. Psychologically everyone does that from Mussolin to Sukarno. How can you lead and say we are going to lose. We will not say that we are not going to lose even if we think we are. It’s a strategy.
As for the forum, some people were saying I am corrupt and they will boo me if I say that I am not. The situation at that time was very wild. So I said what I said to keep their mouths shut. Actually, I am not arrogant but I have my own character in politics.

SELCAT

Q: You have been at the centre of a lot of controversy lately. How have you been responding?

A: It’s all politically motivated. Pakatan Rakyat is trying to hide their own wrongdoings. The present MB (Tan Sri Khalid Ibrahim) also has a case, one of the exco member also has a case. They are trying to cover up all these things.
For example, the Balkis issue. I am not even a member and Balkis has already been dissolved and the dissolution has been approved by ROS. I was investigated by the police over the Balkis issue and the police found no wrongdoing but still Pakatan is harping on it. But I am not worried. As for the trips (which has now become controversial), as far as I am concerned I paid for my own children.

Q: Why did you not go to the Selcat inquiry to defend yourself?

A: My lawyer advised me not to go. It is a one-sided hearing. Selcat called me on Balkis issue but I am not a Balkis member so there is no locus standi for me to talk. I cannot clear my name because it is a structured hearing. Selcat is made up of my political opponents. The only two Barisan members in it went for the hearing the first day and stayed away after that. And Selcat wants me - their enemy - to appear before them? If you and I are fighting, would you have something good to say about me? If I go to Selcat, it is like I serah diri (surrender) before my political enemy. They are not interested in the truth. They are just trying to look for kesalahan orang (find fault). If they are after the truth, they would have had professionals not politicians conducting the hearing. If it was conducted by ex-judges and non-partisan ex-top civil servants, then I would have gone. But in this case, tell me why should I go to the lion’s den? Besides, Selcat did not get the approval from the AG to set it up.

Q: But this comes under the Selangor state government and assembly, surely they don’t need the A-G’s approval to set up Selcat?

A: I checked with my lawyer. Any law that involves enforcement must be done by the Federal government first of all. They have said they want to jail people and stated that they can jail up to two years and fine RM2,000. Who is going to jail the person? Does the state have the authority to do this? Surely this comes under the police. Selangor has a Public Accounts Committee - why can’t use that mechanism? But they formed Selcat just to pick on people.

Q: You say there is no locus standi for you to attend an inquiry on Balkis but some of the money in question came from PNSB of which you were the chairman?

A: This falls under the Registrar of Societies. For example I am an Umno member and if I donate money to say MIC do I have the right to ask questions about the money of MIC and ask details about the MIC management? I can’t. This is a donation from a private company to Balkis. That’s why there is no locus standi. In fact even the state government doesn’t have the right to ask these questions because they are not members. I have checked with my lawyer. They can’t.
Q: But (former Selangor MB) Tan Sri Mat Taib’s wife, Puan Sri Asbi (Rohani Asnan) who was Balkis president (until 1997) attended the Selcat hearing?

A: That is up to her. I asked the lawyer’s opinion and (he advised me against it) and so I wrote a letter to Selcat explaining why I was not coming. Because I am not a Balkis member so how can they can ask me about Balkis issues.

Q: What was the purpose of the Dec 17-24 2007 DisneyWorld, Miami Beach and Honolulu trip?

A: It was a technical visit. It was for investment purposes, river management, canal city and the theme park. We wanted to make a second Klang Valley in Selangor - an RM1bil canal city from Sungai Kuala Langat to Sungai Klang which is about 16km. There was to be an artificial beach, a river fishing area, boating, a garden in the middle and cycling lane and walkways. The water level would be maintained throughout the year. You should have a look at the canal city plan. It is very nice. So the trip was to visit water feature development areas so that we know how to do it technically in Selangor and translate the concept to reality. That is why we had in our delegation the Yang Di-Pertua (YDP) of Kuala Langat, of Sepang, the DO Sepang, the DO Kuala Langat, town planners and technical officers. They want to see with their own eyes what it looks like, only then can they execute. My trips are always multi-purpose. We meet the business community there to try and get more investments.

Q: Why didn’t (PNSB CEO) Datin Khairiyah (Abu Hassan) say that? When Selcat asked the purpose of trip, she said it was to study the theme park and did not mention river management?

A: She made a mistake. She has to look through the minutes of PNSB again. The trip was partly to study the theme park and partly to study river management and canal city project. I am very sure about that. I am the one attending the programme so I know this.

Q: Datin Khairiyah said your delegation did not meet anyone from the Disney World management team?

A: The arrangement was done by the PNSB management. On the itinerary, there was supposed to be a meeting with them but I don’t know why they cancelled it. You cannot blame me for it.

Q: You said you do not know why they cancelled a meeting with the Theme Park management?

A: Yes. I don’t know. The PNSB management should know. They sent a Recce team there earlier and everything should have been okay.

Q: It cost RM366,000 to send the Recce team ahead and yet they could not organise a meeting with the Disney World Theme Park? Are you saying the PNSB officers are not competent?

A: The Recce team was decided by management not by board.

Q: Why couldn’t they just call or e-mail to fix an appointment? Why do they have to go all the way there to fix the programme?

A: All this was decided by the management. I am the chairman (of the board) and they are the ones who set the programme and I just go for it. In fact sometimes the programme just comes to my table where to meet etc and I just follow. I did not ask for this and that. The PNSB management decided and I just followed.

Q: The Canal Development project between Sungai Kuala Langat and the Klang River is not something new. It was already proposed in 2006 and universities like UKM and Uniten have already had papers on it and discussions on the concept.

A: Yes, but after one year, the officers still did not understand the technical things about how to manage river development and all that. They wanted to have a look at what it is. That’s why I brought the technical team to study and look in detail water feature developments. A year ago we had already completed the concept of the canal city, only after this (concept paper) was completed that we go and visit.

Q: Why go to Miami Beach and Honolulu and not Venice Italy which is known for its canals?

A: PNSB suggested this to us. I don’t choose. I just follow. In fact, I had to put it off a few times because I had no time. We wanted to learn about water-feature development. We were planning an artificial beach in the Canal City so we went to these beaches (Miami and Hawaii) to learn how to develop these areas - like how many feet development should it be from the water and how to maintain the sand. In Malaysia, we tend to develop right to the water front, when in fact you must leave at least a 20 to 30 feet distance from the water. We also don’t want development projects to cause river banks to collapse (due to a lack of technical planning in developing the area around it). The technical department didn’t approve the project because they couldn’t understand the concept and couldn’t visualise it, so we said ‘then okay let’s go and learn from them’ (the experts).

Q: Why was the delegation so big? Why not bring only 10 or so people?

A: I don’t remember how many came along. When we went, developers came along too. They too want to learn about the river development and canal city development. On my part, I brought along two District Officers, Town Planner, YDP, the state secretary and the PNSB board of directors. The developers, of course, paid their own way.

Q: And why not just bring the experts down to Selangor to train the officers?

A: The thing is the technical group here do not understand the concept. They want to have a look at such projects themselves so that is why we brought them there. Besides, bringing consultants and experts down would be more expensive. The canal project is about RM1bil and foreign consultants and experts would cost about 18% of that. And that does not even include the cost of flying them down. Another thing too is that we also need to expose our officers because they are the ones who are going to approve the project. These departments need to see the project otherwise they won’t approve.

Q: Are the trips to reward the officers?

A: No. There must be a purpose to the trips. We bring officers in charge of the Kuala Langat and the Klang River area. And now because of that, they are better and better because they have more knowledge. Otherwise the officers do not know how to do it. If you talk about the barrage, the officers cannot visualise what it is like. They need to go there and learn. That is the problem with our officers these days. If we don’t give them the exposure, they don’t know. You should have a look at the canal city plan. The concept is the first in Malaysia on how to combine water, humans and development. We had the concept already in 2006 and now the trips are how do to translate that to reality. That’s why we brought YDPs, District Officers, the town planner, the state secretary and the PNSB board of directors. We can have sand, the canal and development.

Q: So the officers are sufficiently knowledgable now?

A: We have had discussions with MTES (Majlis Tindakan Ekonomi Selangor). In fact, because of their exposure, many regulations in development have been changed. Instead of having the river running along behind the house near the kitchen area, the front of the house is built to face the river. We managed to change so many concepts. It’s good exposure.

Q: Why did you not ask the officers who went on the trip to go to Selcat to give their side of the story?

A: Selcat did not call them. That’s why I think it’s all political motivated. They could have called the state secretary or the others who went on the trip. But the hearing was very structured. The questions were very structured. They didn’t want to find out who is right or wrong. All they wanted was a one-sided story. The purpose is just to tarnish my name. That’s all.

Q: How come PNSB paid RM110,000 for your presidential suite in Honolulu?

A: I am not sure. It was all organised by them. And I didn’t ask. I didn’t even get to enjoy the suite or the facilities. I just used it for sleeping. I returned from the programme at midnight and by 8am I am up.

Q: People are shocked by the RM1.7mil spent for the Disney trips?

A: That was decided by the management. I am actually a very simple man. I do not ask for these kind of things. Maybe they said as a chairman, that is my entitlement and they did that.

Q: You say you are a simple man but people would disagree because you fly first class and stay at expensive presidential suites?

A: You must remember when I was the (PNSB) chairman. I have my entitlement. If I were to reduce my entitlement to what an officer gets then what is the officer going to reduce to? I am the chairman. There is the deputy chairman, board of directors, government officers going along. If I fly business class (not first class), then what happens to my state secretary? He will complain. If I am travelling alone it is easier. But I am travelling with a group of people and if I downgrade myself - it’s a problem for the others. But I never ask (for the pricey presidential suites or first class flights). Whatever they provide, I go along with. I just tell them to give me a full itinerary on these trips. I want a full programme with investors and companies.

Q: But isn’t the RM1.7mil spent on the Disney trips wasteful?

A: No. The trip has so many purpose. Look at the effect, the officers got good exposure. And we get to bring investments to the state. Usually when I go on these trips, my programme is packed from morning to midnight to visit companies, factories, business associates, governors. That’s how we have increased the state’s investments from RM4bil a year to more than RM6 to RM7 bil a year. The RM1.7mil spent used proper channels and we got RM50bil investment (over the last eight years). If we spend RM5 mil for trips but it brings in RM50bil worth of investment, what’s wrong with that? Just look at Selangor now. The RM11.8bil last year was the result of my investment not Pakatan’s. They just try to take credit for it. But now investments have dwindled to RM6bil. I worry that it’s going to wind down to RM4bil. And we used to get RM17mil from sand mining but when PKR took over the state, they got only RM3mil. And they promised the people that they could collect RM250mil for sand mining. As far as I am concerned all the trips I made bring a lot of development to Selangor and introduced new concepts. The ideas come from these trips. I stopped over in Dubai for few days because I got the Sepang Gold Coast idea from Dubai’s The Palm development. I don’t know why the state cancelled the River Canal City project. They should proceed because it can spur the economy.

Q: During the technical trip you went to Kennedy Space Center and visited Disneyworld?

A: Selcat should get every information and see the real itinerary of our visit. I am not crazy to use government money for leisure trips. Sometimes on a technical trip, we have meetings after meetings for six hours or the whole day and if there is a break in between, we can fit in some leisure time too. Why not? I am a workaholic and when officers accompany on these trips they get angry because it is one meeting at 8am, followed by another at 10am, another business lunch, followed by more meetings and at night official dinners. Every one of my trips so far is like that. You can ask my state secretary or officers to confirm this.

Q: Why did your family and maid go along on these ‘technical’ trips?

A: When I move around, I do bring my family but all that is paid by me.

Q: But PNSB said they paid the flight for your children and maid for the trips?

A: As far as I am concerned I paid for my maid and children. I don’t know why she (Datin Khairiyah) would say they paid. Maybe she is against me. And why would the management pay? I paid for the flights. So why did the PNSB management pay again? Look, I am the chairman. I am not the management so I wouldn’t know if they paid for it again or not. But the management should take responsibility for that. They shouldn’t pay my personal expenses or flight tickets for my maid and children. If they pay for my family and don’t inform me, how am I supposed to know they did that (because I am not part of that decision making process).

Q: So you are denying that state funds were used for the maid?

A: I checked and the answer is ‘no’.

Q: What was the purpose of RM201,000 Jogjakarta trip?

A: The trip was to study the batik industry and also river management. There was a garbage problem at Kuala Selangor where there is the fireflies (attraction) and we wanted to see how to take care of that. Their (Jogjakarta) river management is very good. It was JPS (the Irrigation and Drainage Department) that asked us to go for the trip.

Q: On that Jogjakarta trip, Malaysia paid RM10,000 to Indonesian dancers to welcome the Malaysian delegation. Isn’t that odd?

A: You shouldn’t ask me. I was there as a guest . I don’t know the details. I am the Mentri Besar and I don’t ask all that. I didn’t know RM10,000 was paid for the welcoming ceremony. All that was decided by management. That trip, the itinerary was all decided by the management. I am the chairman so I am in the board. The board meets only about three to four times a year but it is the management (of which I am not a part of) that runs the company. They meet almost monthly. I attend their meeting only three to four times a year.

Q: Your former chief secretary Norzatun Ain Mohd Kassim told the Selcat inquiry that you asked her to write a letter from your office on behalf Balkis to seek an AP bring in RM40,000 worth of imported Indonesian batik which was being held at Port Klang but this was finally rejected by MITI because it had to protect the local batik industry. But doesn’t this shows a misuse of your office?

A: I can assure you there was no letter from me to Miti. In any case the AP was not approved, so it is a non issue.

Q: PNSB’s Datin Khairiyah said PNSB paid RM14,900 for business class flight tickets to Melbourne for your wife to visit your son who is studying there?

A: No. I have checked that up already. I am very sure that my wife’s ticket was paid by me for that trip.

Q: Then why would she say PNSB paid? And why did Datin Khairiyah accompany your wife?

A: I don’t why. She didn’t tell me. You should ask Datin (Khairiyah) why she went along. She can’t say there was an instruction from my wife because who is my wife to give such instructions.

Q: The Kumpulan Darul Ehsan Bhd (KDEB) said it spent RM550,000 sponsoring four Balkis dinners at Sunway Lagoon on July 24, Aug 2, 3, 4, 2007 while PNSB too donated another RM300,000 for them?

A: It was for fund raising and we got RM6mil for charity.

Q: Logically speaking why have four charity dinners held almost consecutively which cost a lot of money instead of just one?

A: They had too many people coming for it so they had to break it up in smaller groups. If they do it at such a grand scale, it would cost even more so it was better to split it up and have small programmes with different guests.

Q: There was a Balkis event where KDEB paid RM25,000 for chocolates which were to be given as souvenirs while buying imported chocolates would have cost less?

A: You can’t ask me all these details. I wouldn’t know. All this was decided by the management. For example, Tan Sri Khalid (Ibrahim) he wouldn’t know how much the chocolates cost. He wouldn’t have time for that.

Q: KDEB also paid RM17,000 for tickets for Balkis to go to China to buy artificial flowers and caps there when the company has a branch in Kepong. Why waste money when the ordering could have been done in Kepong?

A: I really don’t know. But it must have been approved by the KDEB management. It might be cheaper to fly there and order it from there. You know how cheap things are in China. What costs 10 sen there costs RM10 here. I know my wife very well. She is very careful about accounting. She’s far-sighted and always thinking about how to save money. Perhaps that’s why she bought so many flowers and caps for the welfare programmes one shot - to save money And she gets really frustrated when the public thinks otherwise.

Q: PNSB said they had to give Balkis about RM1mil each year?

A: Yes, that was a decision by PNSB. The 1mil is for charity. Balkis uses the money to help the needy. During Chinese New Year, they give RM100 to 1,000 poor Chinese, for Hari Raya they give money out to poor Malays and during Deepavali, it goes to poor Indians. And we don’t ask the people to sign invoices to show that they got the money. Balkis does many welfare programmes. They buy wheelchairs, and prosthetic limbs for the disabled and fund dialysis treatment for the needy.

Q: KDEB, PNSB and PKNS all said that they became like a ‘tukang bayar’ because whenever there was a request from Balkis they felt obliged to pay.

A: They should have brought it to the board if they were unhappy. Balkis is a welfare organisation which does work for charity. These companies have put aside a certain amount for charity (under their Corporate Social Responsibility programme). And they can channel the money to any clubs or charity. They can sponsor sports, Balkis or give it to old folks homes. In fact, KDEB sponsors football programmes more than it does Balkis events. The companies decide where to give the money to. As far as I am concerned the money is not misused. And the money Balkis gets does go to the target group (welfare and they needy). That’s what is important.

Q: But this puts bodies like PNSB. KDEB, PKNS in a dilemma because you were after all their Mentri Besar (from 2000 until the March 8 general elections) so how can they say ‘no’ to Balkis. They had to accord Balkis, which is headed by your wife, special treatment?

A: Even if Balkis made a request, the management has the right to turn it down. They can’t be ‘segan’ (embarrassed). Where does the money go? If the money goes to charity, then it’s okay. What’s wrong if it goes to the poor, old and the needy. But if it goes to certain people’s pocket that’s a different matter. What the company donates goes to charity and not to individual’s pocket. Balkis does not benefit from it. Sometimes, the money is not enough and Balkis has to top it up with their own money.

Q: But did you make calls and give verbal instructions to these bodies to fund Balkis activities?

A: No I never made any instructions. It was all done through the board of directors and went through the proper procedures. I am very sure about that. For me, in the eight years, I never called a single officer up and asked them to do things without going it through meetings first. I discuss everything in the board and jot things down. I don’t like not to be responsible for what was decided so I would jot down every instruction. And I give instructions in the meeting not outside.

Q: But the bosses at PNSB and KDEB said they received many requests from you, verbal instructions to pay for Balkis?

A: No. Can they prove it? Which letters have I signed?

Q: They said the requests were verbal?

A: No. Never. You can check my phone bill. I never call. They are trying to save their own skin. I never call. Instructions must be written. I never use my office for my own personal gain. I never do that. Maybe some officer down the line just said “the MB said to do it”.

Q: PNSB, KDEB, PKNS are all saying ‘yes you did’ but you are saying ‘no I didn’t’. Who is telling the truth?

A: I never call. If you want to be sure you can check my phone bills throughout the years.

Q: So you are saying that they are all ganging up against you?

A: That’s the problem. They want to protect themselves. That’s why I can’t go to Selcat because Selcat is my enemy. It’s not transparent.

Q: If this is the case, aren’t you angry with them for doing this?

A: No, why should I be angry. I don’t even have any power anymore (as I lost the Mentri Besar post).

Q: It was also disclosed at the Selcat inquiry that PNSB had to pay the salaries of three workers who worked exclusively for Balkis?

A: They are actually PNSB staff. They were just loaned to Balkis to help out like once a week or something like that. They are not doing it full time.

Q: There was also this Chinese New Year event organised by Balkis that you went to officiate where your wife who is the Balkis president asked PNSB to sponsor a RM3,600 Summerman suit for you as a souvenir for officiating the function?

A: That is a token of appreciation. It was decided by the management. My wife would never make such a request. I am very sure of that. My wife doesn’t interfere at all. She doesn’t go to my office. When I officiate a function, I don’t have a clue what I would get as a souvenir. It is up to the management to decide what to give. And my wife is certainly not involved in the management of PNSB (so how can she influence a decision on gifts) Actually I appreciate books as a souvenir. For me that is best. If I attend a function and if they give me some other gift, it would be very rude to reject it. But I appreciate books most and I have my own library now.

Q: When say the Prime Minister and his wife comes for functions in the state, do you give out expensive gifts costing RM40,000 to RM60,000? There were reports that KDEB had paid RM65,000 for songket for dignitiaries at a Balkis function?

A: We have to give them something special from Selangor. Every state is doing that. That’s normal.

Q: Why did PNSB give you a Patek Philip watch worth RM159,000?

A: I told them they shouldn’t have done that and I turned it down immediately. It was too expensive a gift. I was quite surprised. I never asked for anything that’s why I returned the watch. I told them you better sell the watch back and get the money back.

Q: What is behind the RM338,000 Balkis organised Sporting event where RM131,000 was spent on tracksuits?

A: It was a Bakti programme. States take turns organising it every year. It is attended by the wives of the ministers and the Prime Minister and deputy Prime Minister turn up with their wives. And we gave out a tee-shirt and a tracksuit. When Kedah hosted it, they gave the sports attire, so did Penang. And when it was Selangor’s turn, we too would give. It is after all once in 14 years. And there were four teams so that is why there were track suits in four colours.

Q: There was a report that Balkis received RM100,000 for a SPM programme?

A: These kids come from needy background and because of the Balkis programme some of them got all As.

Q: Have you spoken to your wife about the Balkis issue and what has she been saying?

A: She said everything has been done according to procedure and no money has spent for her own purpose. It was all done for the welfare programme to give the needy.

Q: When is she going to clear her name?

A: There is no need. If we answer, then someone will say something else and it will go on and on. Let God decide who is right.

Q: Why did you buy 12 units of the Al Marwa Tower in Mecca for RM25mil when PNSB had only given approval for the purchase of 5 units for RM8mil?

A: When I was in Mecca, there was this offer from this Mecca group for the apartments. So many people came and were fighting for it because it was in a prime area. It was on a first come first serve basis and we (PNSB) wanted to get five. Then one of the Indonesian companies withdrew and their seven units were offered to us and we took it. But settlement had be done in cash and within 14 days otherwise we would lose the deposit. At that time PNSB did not have enough money so instead of losing the deposit we got another buyer to buy it within 14 days. The apartment is in Mecca so only Muslims can buy it. For that reason too, the apartment units cannot be under the PNSB name because there are non-Muslim directors in PNSB. This is why as chairman I put it under my name. The name should be under whoever is the PNSB chairman and now that’s Tan Sri Khalid Ibrahim. I signed three times to transfer the name to his. In fact, I was the one who requested for the transfer of name for the apartment units. I had called state secretary and said ‘let’s settle this because the apartments do not belong to me and I don’t want it.” That’s the whole story.

Q: Was it a good investment?

A: Yes, very good. Now I think the five units which cost RM8mil in 2007 are now easily worth RM12mil easily. It’s very exclusive. It’s the only property near the Kaabah and just about 60m away from the Holy Mosque. You can see the Holy Mosque from the apartment. And we fought like hell to get the units.

Q: PR has raised questions on the transaction about whether it contravened the Exchange Control Act and Anti Money Laundering Act?

A: How can we transfer such a huge amount of money from here to Mecca without approval from Bank Negara? Come on lah. We are talking about RM25mil. So was I wrong to go after a good investment. The value has more than doubled now. I personally stood in the queue for four hours to get it. One Arab man offered me RM200,000 just to change the name of the booking to him but I refused. That’s why I am really frustrated and that’s why I won’t forgive Pakatan. I don’t get a single sen from it. It was for the state. The intention was for investment.

Q: There are lots of questions over the numerous technical trips you made overseas to US, Paris, Hong Kong, Tokyo which are costly?

A: As far as I am concerned all the trips have all been very successful. That’s why I bring a lot of officers to give them exposure. The trips are multi-purpose and bring in investment and give us ideas. I did nothing wrong so I have nothing to worry about. As for the personal trips, I made my own.

Q: Do you agree that the issue has smeared your reputation?

A: Yes, That’s why I won’t forgive them till I die, until Akhirat (the end of the world). The people will come to know the truth later on. The people are restless and fed up with this kind of gutter politics.

Q: Are you suing the state government?

A: I am looking into it.

Q: This issue has tarnished not just your image but also that of Umno?

A: That’s why I won’t forgive them. Maybe when they got into power, they forget that God is there. When you do something bad to people, one day God will do something bad to you. Wait and see. Time will decide.

Q: How are you going to repair your reputation?

A: I will go down to the people. I will talk to them about what Pakatan is doing to the country, to the state now. They bohong banyak (lie a lot). They said they were planning RM10bil for the Klang River development programme and I have waited more than 3 months and there is nothing. Don’t bluff the people. That is the whole reason they want to suspend me so that I will not raise the issue.

Q: Is your conscience clear?

A: Very clear. If they do this to me and expect me to keep quiet, they are talking to the wrong person. I will continue to speak up because I love Selangor very much. I will talk because I know what they are doing. Even if they suspend me from the state assembly, they can’t prevent me from talking to the public. I will keep talking. Because far as I am concerned my job is to advise and tegur (criticise).

Q: Do you think people will believe you?
A: I think so. I still got the number two spot in the Umno Youth Chief elections. As for the public, when I go around I still draw in crowds. For example when I went to campaign in the Bukit Gantang by-election, so many people came to my ceramah. This happens everywhere I go.

Some of the other allegations

1. Buying 12 units of Al-Marwa Tower in Mecca for RM25mil when PNSB only gave approval for the purchase of five units for RM8mil.

2. State companies made to pick up the tab for extravagant gifts to VVIP guests costing up to RM65,000.

3. A Balkis request that PNSB sponsor a RM3,600 Summerman suit to be given to Dr Khir as a souvenir for officiating a Balkis Chinese New Year function.

4. Using the MB’s office on behalf of Balkis to request for approval from MITI for an AP to bring in RM40,000 worth of Indonesian batik.

5. PNSB paid RM338,000 for a Balkis sporting event, including RM131,000 for tracksuits for participants.

6. KDEB paid RM25,000 for chocolates as souvenirs for a Balkis event when imported chocolates would have cost less.

7. Balkis getting RM1mil a year in donation from the state companies.

8. PNSB forking out RM100,000 for a Balkis sponsored SPM programme.

9. Expensive trips overseas including to Paris, Tokyo, Morocco and Hong Kong.

Penanti By-election Merely To Seek Popularity

By Zuraida Abdul Rahman

PENANG, April 19 (Bernama) -- It had been hardly a year since the people in the Permatang Pauh Parliamentary constituency voted for the second time since the 2008 general election following the resignation of its elected representative, now another by-election will have to be called in the area.

If in August last year more than 58,000 voters had to go to the polling booths because Parti Keadilan Rakyat (PKR) president Datin Seri Dr Wan Azizah Ismail vacated her Permatang Pauh Parliamentary seat to make way for her husband, Datuk Seri Anwar Ibrahim, this time Mohammad Fairus Khairuddin vacated the Penanti State constituency seat.

Penanti is one of the three state seats in the Permatang Pauh Parliamentary constituency, besides Seberang Jaya and Permatang Pasir.

When more than 15,000 voters in the Penanti State constituency are struggling to face the economic crisis and the possibility of losing their jobs, the PKR chose to have a by-election again merely to seek popularity, said a political analyst.

It is the general feeling that it would be better to focus on efforts to generate the economy for the benefit of the people, and as the ruling government in Penang, the DAP and PKR coalition should act wisely instead of acting based on emotion.

Political analyst Dr Sivamurugan Pandian from Universiti Sains Malaysia (USM), said the ruling coalition in Penang had the option of avoiding a by-election by appointing one of the two PKR elected representatives, namely Abdul Malik Abul Kasim (Batu Maung) or Maktar Shapee (Sungai Bakap) to replace Mohammad Fairus as the Deputy Chief Minister I when Mohammad Fairus relinquished the post effective April 8.

However, he said, Chief Minister Lim Guan Eng's hopes of having Abdul Malik, who has the trust of the Chief Minister, appointed were dashed because Anwar wanted a replacement who was at least comparable to Mohammad Fairus in terms of charisma and, more importantly, someone firm and could look after the interest of the party in the state government.

The silent 'conflict' between Lim and Anwar in appointing a replacement for Mohammad Fairus became apparent when Anwar delayed the appointment of his candidate and eventually on Thursday morning, the former DCM I resigned as Penanti Assemblyman, Dr Sivamurugan told Bernama.

What was more surprising was that Mohammad Fairus's resignation letter, which was sent to the State Assembly Speaker, Abdul Halim Hussain three days ago, was dated March 19, which was much earlier than Lim's announcement on Mohammad Fairus's resignation as DCM I and State Executive Councillor on March 21.

"This means that Anwar actually knew what was in Mohammad Fairus's mind all this while and had purposely kept Lim and the people waiting. By doing so, Anwar was trying to buy time," said the political analyst.

The action by Mohammad Fairus and Anwar gave the impression as though the PKR was ignoring the Chief Minister because as soon Lim left for Singapore, the announcement on the resignation was made.

Probably shocked by the action of his colleagues, Lim, who was in Singapore, had declined to comment and would only respond upon returning to Penang today.

For Abdul Ghani Haroon, the former Parti Keadilan Nasional (Keadilan) candidate for the Pinang Tunggal state seat in 1999, Anwar's statement that Mohammad Fairus would remain as the State Assemblyman until the 13th general election was merely empty talk.

Lim, who expressed his disappointment at the delay by Anwar in naming the replacement for the DCM I post, was also seen as 'removing' one of the potential PKR candidates for the post, the deputy chairman of the Penang PKR Liaison Body, Dr Mansor Othman, by naming the former lecturer and former State Keadilan chairman as a Member of the Senate.

Lim had also repeatedly reminded Anwar that the power to appoint the new DCM I rested with the Chief Minister although he was giving Anwar the chance to make the nomination as a symbol of esprit de corps.

Royal-Speak

The Sultan celebrates his 81st birthday...

"Malay rulers are above politics." Sultan Azlan Shah of Perak.

"I will implement all efforts to ensure the institution of royalty, which is core to the system of governance and nationhood in the country, would continue to be protected (from ridicule, insult and ultimate abolish)." Raja Muda Dr Raja Nazrin of Perak.

When was the day Constitution died? Someone asked.

An aside: By no means are we living in Hang Tuah time vis-a-vis the doctrine of Separation of Powers and Article 72 of the Federal Constitution.

Sunday, 19 April 2009

HINDRAF PRESS STATEMENT 190409

On the 17th April I had released a statement on the urgent need to restructure HINDRAF and the setting up of a New Committee and Working Groups.

This statement has been misinterpreted and misunderstood by certain segment of the public which read it as though we are replacing our coordinators. This is not the case as it merely a restructuring exercise.

The original 10 member committee was set up to oversee the campaign and demands for the release of HINDRAF leaders and since then those appointed to the position of coordinators have moved on to undertake other key responsibilities which is far more challenging with the increased need of the society.

Manoharan and Manickavasagam have since been elected members of Parliament, which requires them to positively contribute to the country and their constituents.

Surendran solely has been mounted with the uphill task of handling the burden of all legal matters which was previously handled by 3 of the HINDRAF Lawyers (Uthaya, Manoharan and Genga).

Tanendran has since indicated that he is serious about forming his own political party.

With the recent change of the country’s leadership earlier this month, I am of the opinion HINDRAF have to “cave in” for a longer period to struggle for the society to pressure the Government to meet our demands as well as working together in co-operation with all opposition parties to prepare for the next General Election.

As chairman of HINDRAF, I can state that the valuable and sound advice, support and contribution from the aforesaid Politicians, Members of Parliament and Legal advisor has been vital in spearheading HINDRAF in its struggle. The continuous support from them would only strengthen the movement’s direction in fulfilling the demands of the Indian community

The expectations and aspirations of the Indian community are beyond the original demands and HINDRAF needs to keep up with the needs and changes to be relevant and “a player” in the field of Human Rights in Malaysia.

In these circumstances a complete revamp and restructure is needed to face the new challenges.

The new structure would be announced within the next few days.

P.Waytha Moorthy

CHAIRMAN

Waytha moves to quell rift in Hindraf

Barely 48 hours after suspending all Hindraf coordinators, the outlawed movement's exiled leader P Waythamoorthy has now been forced to defend his decision.

His move to clarify the suspension came about following a deepening rift between London-based Waythamoorthy and the movement's grassroots leaders and supporters who were fighting for the cause here.
p waythamoorthy
It is also learnt that Waythamoorthy's clarification was as much as to assuage the bruised egos of the suspended coordinators, which included some opposition parliamentarians and well-known rights activists.

"A complete revamp and restructure is needed to face the new challenges (for Hindraf)," Waythamoorthy told Malaysiakini today in explaining his decision to suspend the coordinators.

He said that his original intention to suspend the coordinators has been "misinterpreted and misunderstood by certain segment of the public".

"They read it as though we are replacing our coordinators. This is not the case as it is merely a restructuring exercise," he added.

And he went on to further explain the need for such an exercise.

Changes needed to remain relevant

He said that the original 10-member committee was set up towards the end of 2007 to oversee the movement's campaign in fighting for the rights of the Indian community and to demand for the release of Hindraf leaders held under the Internal Security Act in December 2007.

By then Waythamoorthy had also left the country to spearhead the movement from London.

However, he added, those appointed to the position of coordinators have now moved on to undertake other key responsibilities which were far more challenging with the increased needs of the society.

a kugan detention death funeral ummc to puchong 280109 s manikavasagamHe gave the examples of M Manoharan (Teluk Intan) and S Manikavasagam (Kapar) (right) who have since become parliamentarians for the opposition.

He said that another coordinator N Surendran had been forced to take up all legal matters involving Hindraf as all other Hindraf legal advisors were under the ISA detention.

And as for the movement's national coordinator RS Thanenthiran, Waythamoorthy said the former has since indicated that he was serious about forming his own political party.

"As chairperson of Hindraf, I can state that the valuable and sound advice, support and contribution from the aforesaid politicians, members of parliament and legal advisor have been vital in spearheading our struggle.

"The continuous support from them would only strengthen the movement's direction in fulfilling the demands of the Indian community," he added.

However, he said that the expectations and aspirations of the Indian community were beyond the original demands and Hindraf needed to keep up with the needs and changes to be relevant.

"In these circumstances, a complete revamp and restructuring is needed to face the new challenges. The new structure would be announced in the next few days," he said.

Grumble in the ground

On Friday, Waythamoorthy dropped a bombshell by announcing the suspension of the movement's 10 state and national coordinators with immediate effect. He replaced them with a three-person interim committee.

hindraf seberang jaya penang protest police report 290808 05Among those dropped from the line-up included the movement's top coordinator Thanenthiran (left) who had been helming the group locally while Waythamoorthy was in self-imposed exile.

Waythamoorthy also placed a gag order on the dropped coordinators.

The coordinators, while publicly have stated that they accepted Waythamoorthy's decision, have privately expressed their disappointment with the move.

It is learnt that some of them were caught unaware by their suspension, leaving them embarrassed in having to explain the situation to their supporters.

These coordinators have played a pivotal role in keeping the Hindraf movement alive and relevant, including successfully turning the Indian voters to support the opposition in the 2008 general election.

However, there have been complaints recently that the movement and some of its coordinators have become politically ambitious.

Who is Waythamoorthy?

Waythamoorthy's decision to suspend the coordinators also did not go down well with some Hindraf supporters who had turned against the movement's leader by questioning his judgement.

And highlighting the widening rift in the movement, leading Tamil daily Malaysia Nanban today carried a headline which asked ‘Who is Waythamoorthy?'

The daily quoted some grassroots supporters questioning Waythamoorthy's decision to remain overseas while faulting the local coordinators.

"He should have been here fighting with us for our cause rather than issuing statements from overseas," they said.

Dr M says BN must contest Penanti by-election

KUALA LUMPUR, April 19 – Tun Dr Mahathir Mohamad urged Barisan Nasional (BN) to drop the idea of not contesting the Penanti by-election in Penang.

To do so, he said, would be to concede defeat to the opposition Pakatan Rakyat (PR).

The former PM does not seem to be on the same page as Prime Minister Datuk Seri Najib Razak who floated the idea yesterday of not contesting the polls.

The PM had argued that contesting elections he claimed were unnecessary was a waste of public funds.

His idea appeared to have gained traction with many BN leaders voicing their support and accusing Opposition Leader Datuk Seri Anwar Ibrahim of using elections for political purposes.

Since last year’s landmark general elections, BN has lost four out of five by-elections held so far to Pakatan Rakyat (PR).

The latest defeats, in Bukit Gantang and Bukit Selambau, were particularly galling for BN as it came soon after Najib took over as PM from Tun Abdullah Badawi, the man who has been singled out for blame for the coalition’s poor performances.

Today, Election Commission (EC) chairman Tan Sri Abdul Aziz Yusof was quoted by Sin Chew Daily as saying he was seeking a meeting with both BN and PR to urge them not to contest the polls.

The EC chairman echoed Najib’s call, but he did not cite any legal or constitutional provisions which would allow the vote to be called off.

Dr Mahathir’s latest remarks will be the latest test for Najib’s fledgling leadership of BN as the PM will want to assert his leadership.

The Penanti state seat has fallen vacant due to the resignation of Fairus Khairuddin, who also resigned recently as the state’s deputy chief minister amid graft allegations.

Penanti is a state seat which falls within Anwar’s Permatang Pauh parliamentary constituency.

Yesterday, Anwar also welcomed Najib’s suggestion, saying he was happy if BN did not contest the vote.

Be leaders of all Malaysians

Barisan Nasional can win back the people if its elected representatives are humble, credible and become champions of fair play, justice and transparency.

By WONG CHUN WAI, The Star

THE 1Malaysia concept being promoted by Datuk Seri Najib Tun Razak may mean different things to different people but the bottom line is simple – the Prime Minister wants a sense of one people and one nation.

He is not keen to set up think-tanks comprising academicians to draw up lofty ideals on what this concept is about.

He wants the idea to evolve and to take shape as the concept is promoted, more importantly, practised and not just remain a slogan for a leader who has just taken office and wants to be seen to be popular.

Over the past two weeks, he has been asked at almost every press briefing what 1Malaysia really means.

Malay nationalist groups are worried that it would be like the Malaysian Malaysia concept mooted by the DAP while some non-Malay groups have cynically dismissed it as unworkable in Malaysia. Chinese newspaper editors have grappled with translating the term, which comes with a numeral. They have loosely described it as “a Malaysia for all”.

Every noble idea must be given a chance to grow. Najib means well and he understands that something new would need time to be explained and accepted.

He has softened the fears of right-wing Malay groups by saying that no ethnic group should be marginalised and also stressed that while affirmative action would remain, it must be implemented fairly.

He has continuously used one example at every discussion with editors – award of scholarships to top students. No applicant should be deprived because of his or her ethnicity. He made it a point to the 1Malaysia concept at his first Cabinet meeting, saying the nation should rise above race and work together as a nation.

Double talk

Najib is serious in reaching out to all. His 1Malaysia website now has a Chinese version and moves are being made to include a Tamil one as well.

Interestingly, his son who is pursuing studies in Georgetown University in the US is studying Chinese and has a Shanghainese as a roommate.

There’s no denying that racial differences have gnawed the nation and politicians must take much of the blame.

For 1Malaysia to work, our politicians, including ministers, need to exercise plenty of self-restraint.

They cannot spew racist remarks to become champions of their races, and then talk about national unity.

The days of talking to different audiences and expecting such double talk not to reach the ears of other communities are over.

Words like “kita memberi amaran” (we warn) and “kita tidak akan kompromi” (we will not compromise) must be taken off the speeches and remarks of our leaders. In short, they should be banned.

The bosses of TV stations should remind their reporters and presenters not to use “orang kita” (our own people) when they speak, seemingly oblivious to the fact that all races watch their programmes.

Similarly, it is disturbing when a national newspaper uses a provocative front-page headline like “Bangkitlah Melayu” (Malays arise) and in the same breath, call for national unity and carry a picture of the PM joining Sikhs in making chapati during the Vasakhi celebrations.

While English language newspapers have taken a more guarded role in their reporting as their readership is multi-racial, there is a need for vernacular newspapers to take off racial prisms.

Sometimes, the inability to find an appropriate translation or use of a quote without looking out of context can lead to emotional debates with racial tones. The printed version can never reflect the tone used by the speaker and often, it conjures a different, if not inaccurate perspective.

Tan Sri Muhyiddin Yassin found himself in such a spot last week when he was talking about the voting trend of the Chinese in the two by-elections.

Lost in translation

His remark “seolah olah tidak menghargai” was translated differently – “ungrateful”, “unappreciated” and “not reciprocated” by different Chinese newspapers.

The Deputy Prime Minister, who has a clean record for making moderate statements, took the trouble to spend an hour with Chinese newspaper editors to explain the context.

They, in turn, expressed their views on the report and the sentiments of the community.

Both Najib and Muhyiddin have pleaded for a chance. They have hardly been in office for two weeks.

The PM has just chaired his first Cabinet meeting and most of the ministers are now attending daily briefings to learn more about their res­pective ministries and their scope of duties. It is still very early days of the Najib Administration and Malaysians certainly want him to succeed.

No one expects overnight changes but the PM is aware of the expectations. He knows the heavy responsibility and that time is running against him. He understands that the old methods don’t work but at the same time, he also needs to convince the hardened grassroots leaders, set in their own mindsets, that he cannot fall back on outdated approaches to win back the hearts and minds of the new Malay­sians.

The wishes of most Malaysians are simple. They are merely asking for fair play, justice and transparency in the government. They want their representatives to be down to earth and credible.

It isn’t so hard for the Barisan to win back the votes if they can just carry out these simple requests. More importantly, they should be leaders of all Malaysians, not just of their own communities.

Raja berada atas politik, tidak mampu tangkis tohmahan secara terbuka

(Bernama) - Sultan Perak Sultan Azlan Shah hari ini bertitah bahawa seseorang raja sebenarnya berada di atas politik dan tidak boleh turun untuk berdebat dengan terbuka dalam memberi jawapan dan penerangan untuk menangkis tohmahan dan fitnah yang dilemparkan oleh kumpulan politik tertentu.

Baginda bertitah tindakan kumpulan politik berkenaan yang sampai ke peringkat menghasut rakyat untuk mencetuskan huru-hara selain turut mencemar institusi raja dengan menyemai rasa benci rakyat terhadap raja merupakan satu perbuatan 'menyalakan api dalam sekam' yang amat berbahaya dan boleh memusnahkan kerukunan rakyat dan negara.

"Betapa perbuatan kuasa politik telah mencemar dan mempamerkan wajah hodoh dengan membenarkan kelakuan orang-orang sedemikian. Matlamat kini dibenarkan menghalalkan cara.

"Betapa kumpulan politk tertentu merasakan mereka tidak pernah silap serta memiliki kekebalan. Betapa pula beberapa individu politik yang merasakan diri mereka tidak pernah melakukan kesalahan, memiliki imuniti daripada sebarang tindakan undang-undang sehingga undang-undang diketepikan atas matlamat untuk mendapatkan kuasa," titah baginda pada istiadat menghadap sembah taat setia dan penganugerahan darjah kebesaran negeri Perak sempena ulang tahun keputeraan ke-81 baginda di Istana Iskandariah di sini, Ahad.

Sultan Azlan bertitah pada hemat baginda, negara kini telah terlalu berlebihan berpolitik sehingga menjejaskan produktiviti ekonomi dan imej negara di kaca mata antarabangsa.

"Dalam menghadapi kemelut ekonomi yang sedang melanda dunia ketika ini, aktiviti-aktiviti politik secara keterlaluan kerana perebutan kuasa ini tidak akan memberi manfaat kepada warga, malah rakyat biasa akan menjadi mangsa terpaksa bergelut untuk memiliki keperluan hidup harian," titah baginda.

Baginda bertitah oleh itu para pemimpin yang mewakili kumpulan politik yang berbeza perlu mencari titik pertemuan dan kaedah bekerjasama di antara mereka demi kepentingan negara dan warga.

Sultan Azlan bertitah sepanjang perjalanan hampir 52 tahun kemerdekaan negara, diakui bahawa berlakunya kepincangan dan salah laku serta insiden penyalahgunaan kuasa dalam urus tadbir negara.

"Beta sendiri dari masa ke masa turut menzahirkan teguran, pandangan dan nasihat baik secara terbuka mahupun secara tertutup akan perkara-perkara yang tergelincir dari dasar dan garis perundangan.

"Namun kesilapan yang berpunca daripada beberapa indivIdu atau yang berpunca dari kumpulan tertentu jangan sampai ke peringkat mendorong warga dan bangsa berfikiran singkat mahu meruntuhkan sistem dan institusi sehingga boleh mencetuskan keadaan tidak seimbang, hatta membawa kepada keadaan huru-hara.

"Barang dijauhkan Allah dari bangsa menghadapi nasib malang 'menang sorak kampung tergadai', akhirnya terpaksa mengemis di bumi sendiri," titah baginda.

Sultan Azlan bertitah anggapan salah bahawa raja berperlembagaan adalah sekadar lambang tanpa sebarang kuasa merupakan tafsiran yang perlu diperbetulkan.

Titah baginda, raja pemerintah bukanlah daripada kalangan insan yang buta penglihatan, pekak pendengaran dan bisu pertuturan, bahkan segala perkara yang berlaku dalam negara ini adalah dalam ruang penglihatan, pendengaran dan pertuturan raja pemerintah.

"Perlu ditegaskan bahawa raja berpelembagaan itu memiliki tiga hak iaitu hak untuk menyampaikan nasihat dan pandangan, hak untuk memberi galakan dan dorongan dan hak untuk memberi peringatan dan teguran."

Sultan Azlan bertitah raja berpelembagaan bertindak tertakluk kepada kuasa yang termaktub di dalam perlembagaan tetapi adalah satu kesilapan untuk memikirkan bahawa peranan seorang raja pemerintah itu sama seperti seorang presiden yang terbatas semata-mata kepada apa yang tersurat.

"Peranan raja pemerintah adalah mengatasi apa yang tersurat dalam peruntukan perlembagaan. Raja pemerintah mempunyai tanggungjawab yang lebih luas dalam memastikan bahawa semangat perlembagaan, falsafah di sebalik setiap undang-undang yang tersurat, kepentingan negara dan warga negara perlu sentiasa dilindungi," titah baginda.

Baginda bertitah berlandaskan semangat penubuhan Persekutuan Tanah Melayu, raja-raja mempunyai peranan perlembagaan untuk melindungi keistimewaan, kedudukan, kemuliaan dan kebesaran raja-raja, melindungi agama Islam, melindungi bahasa Melayu dan melindungi kepentingan sah kaum-kaum lain.

"Perkara-perkara ini adalah asas persefahaman yang telah tercapai dan merupakan resipi kejayaan terbentuknya sebuah negara bangsa yang merdeka lagi berdaulat, membolehkan warganya hidup rukun lagi bersatu," titah Sultan Perak.

More and More Lonely Nights for The Muslimats

Sheih Kickdefella

But Husam is actually a traditionalist in party sense. Furthermore, he is indeed a ‘boringly ultra religious’ person. He has won the battle of winning the heart and mind of the non Malays and the young Malaysians not because of his willingness to strip the religious attire from his six footer built but due to his diligence in applying his religious knowledge into his administrative styles and using religious as a way of life instead of a way to make others feel discriminated.

dsc_0028

When Pas President Tuan Guru Haji Hadi Awang walked passed me, the wording of Mary Hopkins’s, Those Were The Days linger between my ears.

The day before he left for Kota Bharu, Haji Hadi made a statement from the comfort of his home claiming that he has withdrawn his offer for the formation of Unity Government.

“I made the suggestion to Abdullah because we (I) see him as a leader with the least problems, but I don’t see any such Umno leader now,” Hadi told The Malaysian Insider.

I disagree with Hadi to withdrawn the offer, because if he wants to make the offer, it should be made to the new Prime Minister not the outgoing PM.

Making the offer for Abdullah, after PAS has worked very hard to bring down Abdullah is absurd. The whole country has been wrecked by Abdullah indecisiveness and series of misjudgement. How on earth could we justify prolonging the damage to this country?

Last night, Haji Hadi made a statement in Kota Bharu claiming he is ready to be challenged as president.

Bernama reported that Hadi as saying that he would remain with PAS whether he was re-elected president or otherwise at the general assembly, expected to be held in Shah Alam in June.

This statement maybe coincide with the rumours that Nik Aziz has obtained his first two nominations to contest for President by a Division in the Federal Territory and a division in Kedah.

Strictly playing by the tradition, neither Nik Aziz nor any of his aides has mention anything about having the Spiritual Leader to hold the highest executive position in PAS.

Nevertheless many outsiders especially the non Muslim are expecting a strong blend of Kelantan leaders will fill the important position in PAS because of the trust and respects the non Malays have toward them due to their administrative experience at State level and their popularity at national level.

They are also expecting names like Dato’ Seri Ir. Mohammad Nizar Jamaluddin, Sallahudin Ayub and Mohamad Sabu to make it as the vice president. Nevertheless out of the three names, one may not make it as PAS delegates normally will fill one of the three vice president positions with an Islamic Scholar.

While Nizar made his name as the people’s Menteri Besar of Perak, Sallahuddin is seen as the pillar that managed to control the extremist within the PAS Youth Wing from exploding ala Taliban.

Today, The PAS President Hadi received a warm and rapturous welcome to The PAS Kubang Kerian Division. Leading the welcoming committee is no other that the Division Chief Dato’ Haji Husam Musa, the Vice President of PAS.

Husam is seen to be providing the morale support to his President while at the same time Husam is also seen as Nik Aziz top loyalist.

When Husam led the President to his seat in front of the delegates who are Husam’s staunch supporters at the Religious School in Pasir Tumbuh, it can be seen how comfortable the President felt at the moment.

Officiating Husam’s division at the moment went Husam is seen as the biggest threat to Nasaruddin Mat Isa future as Deputy President of PAS may has send the signal of Hadi’s approval to Husam to take a step up in the leadership hierarchy of PAS. At the same time, it may also send the signal to other division about the hidden warm relationship between both of them.

Husam is actually a stabiliser within PAS. He is the most misunderstood character within the party hierarchy. Many have seen Husam as the reformist and among the accusation thrown to him is he is more UMNO than green.

But Husam is actually a traditionalist in party sense. Furthermore, he is indeed a ‘boringly ultra religious’ person. He has won the battle of winning the heart and mind of the non Malays and the young Malaysians not because of his willingness to strip the religious attire from his six footer built but due to his diligence in applying his religious knowledge into his administrative styles and using religious as a way of life instead of a way to make others feel discriminated.

In a matter of fact, Hadi needs Husam more than Nik Aziz ever did. And it shall be very comforting to know that Husam is a loyalist. Something that Nik Aziz has known all along.

Nevertheless, one thing for sure, it shall be more lonely friday nights ahead in what shall be the less productive months of the year.

DO YOU THINK BARISAN NASIONAL WILL NOT CONTEST IN PENANTI STATE BY-ELECTIONS?

The speculation is that the Barisan Nasional will not contest in the forthcoming Penanti State by-elections after the resignation of PKR Assemblyman and former Deputy Penang Chief Minister 1 Mohammad Fairus Khairuddin over alleged corruption and over recent reports by Prime Minister and BN Chairman Datuk Seri Mohd Najib Tun Razak that its a waste of time, energy and money holding a by-elections over resignations.

Look at the arrogance of UMNO who lead the Barisan Nasional, it is really unbelievable that they will not contest, although the odds at Penanti are that its a stronghold of the Opposition and with current developments in Perak, the voting trend would even be more disastrous since the judiciary are also become 'lawmakers' and read the Federal Constitution according to the wishes of their 'masters'.

But whatever the decision, the Opposition will once again secure this seat comfortably unless some form of 'dirty' tricks are employed by this 'uncaring corrupted and arrogant' UMNO dominated Barisan Nasional front.

Isu Perak: Intisari Keputusan Mahkamah Persekutuan

Dari peguampas.blogspot.com
Oleh Mohamed Hanipa Maidin

Ramai ingin mengetahui sama ada keputusan Mahkamah Persekutuan semalam yang memutuskan bahawa SPR mempunyai kuasa menentukan status tiga bekas ADUN Pakatan Rakyat ( PR ) yang melompat iaitu Hee Yit Foong (Jelapang), Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering) menandakan berakhirnya isu status ketiga-tiga ADUN tersebut ?

Sebelum saya menjawab soalan tersebut di atas saya ingin berkongsi dengan para pembaca tentang intisari keputusan Mahkamah Persekutuan yang diberikan semalam ( 9/4/2009 ) . Keputusan tersebut boleh disimpulkan seperti berikut :-

1. Pada 9/4/2009 Mahkamah Persekutuan SEKADAR mengisytiharkan bahawa SPR dan bukannya Speaker mempunyai kuasa untuk menentukan sama ada sesuatu kerusi seseorang ADUN sepertimana tiga kerusi ADUN Perak tersebut kosong atau tidak.

2. Memandangkan Mahkamah Persekutuan memutuskan bahawa kuasa untuk menentukan sama ada sesuatu kerusi seseorang ADUN di Perak kosong atau tidak adalah di tangan SPR maka SPR berhak menentukan tentang status tiga kerusi ADUN tersebut .

3. Memandangkan SPR telah membuat keputusan bahawa tiga kerusi ADUN tersebut tidak kosong maka Mahkamah memutuskan bahawa ketiga-tiga ADUN tersebut adalah kekal sebagai ADUN .

Itulah secara subtantifnya teras keputusan Mahkamah Persekutuan semalam.. Persoalannya adakah keputusan Mahkamah Persekutuan tersebut bermakna status ketiga-tiga ADUN tersebut tidak boleh dipertikaikan selepas ini ?

Jawapan kepada soalan di atas adalah status ketiga-tiga ADUN tersebut masih boleh dipertikaikan disebabkan alasan-alasan berikut :-

1. Apabila Mahkamah Persekutuan memutuskan bahawa SPR mempunyai kuasa menentukan sama ada sesuatu kerusi DUN kosong atau tidak , Mahkamah Persekutuan sekadar memutuskan pihak mana yang berkuasa ( SPR atau Speaker ) bagi menentukan kekosongan sesuatu kerusi DUN. Itu sahaja. Tidak lebih dari itu.

2. Mahkamah Persekutuan bagaimanapun TIDAK MEMUTUSKAN sama ada keputusan SPR ke atas status tiga ADUN tersebut sah atau tidak sah di sisi undang-undang ?

3. Isu sah atau tidak sah keputusan SPR masih boleh dicabar di Mahkamah melalui permohonan semakan kehakiman ( judicial review ) .

4. Mahkamah Persekutuan sendiri mengesahkan bahawa keputusan Mahkamah semalam tidak memprejudiskan Saman ( Semakan Kehakiman ) yang dikemukakan oleh Sivakumar ke atas SPR di Mahkamah Tinggi Kuala Lumpur bagi mencabar keputusan SPR yang tidak mahu mengadakan pilihanraya kecil bagi ketiga-tiga DUN yang berkaitan.

5. Oleh yang demikian keputusan Mahkamah Persekutuan semalam tidak sama sekali menghalang Sivakumar untuk meneruskan saman beliau ke atas SPR yang telah ditetapkan untuk pendengaran pada bulan Mei 2009 ini.

6. Jika kita boleh membuat satu analogi ( qiyas ) keputusan Mahkamah Persekutuan semalam ia bolehlah diibaratkan seperti berikut :-

Hanya kerana seseorang suami diberikan kuasa untuk menceraikan isteri tidak bermakna sebarang keputusan cerai yang dibuat oleh suami adalah sah dan tidak boleh dipertikaikan di Mahkamah.

Jika misalnya sisuami membuat keputusan menceraikan isterinya di dalam keadaan mabuk atau dalam keadaan tidak waras atau di dalam keadaan dipaksa oleh pihak ketiga , Mahkamah masih boleh membenarkan isteri mencabar keputusan suami tersebut.

7. Begitulah juga keadaan di dalam kes ini, Hanya kerana SPR mempunyai kuasa menentukan sama ada kerusi tiga ADUN Perak tersebut kosong atau tidak , ia tidak bermakna keputusan SPR tersebut adalah sah dan tidak boleh dicabar di Mahkamah. Dari segi undang-undang , Mahkamah masih boleh menyemak keputusan SPR tersebut bagi menentukan sama ada keputusan tersebut dibuat mengikut proses dan lunas undang-undang dan prinsip keadilan .

8. Sehingga Mahkamah Tinggi Kuala Lumpur membuat keputusan terhadap saman yang dikemukakan oleh Sivakumar ke atas SPR , maka keputusan SPR masih belum boleh dikatakan secara muktamad sah dan mengikut lunas undang-undang.

Mungkin para pembaca masih ingin bertanya adakah keputusan Mahkamah Persekutuan semalam bermakna Sivakumar sebagai Speaker Perak tidak mempunyai kuasa selepas ini menghalang tiga-tiga ADUN tersebut masuk ke dalam dewan DUN.

Jawapannya Sivakumar masih boleh menghalang kerana Mahkamah Persekutuan tidak membuat sebarang perintah melarang Sivakumar dari menahan ketiga-tiga ADUN tersebut dari masuk ke dewan DUN. Peguam Umno juga tidak memohon kepada Mahkamah bagi mendapatkan perintah halangan tersebut.

Oleh itu Sivakumar tidak boleh dikatakan menghina Mahkamah jika selepas ini beliau menghalang ketiga-tiga ADUN tersebut masuk ke dalam dewan DUN.

Nampaknya sekali lagi keputusan Mahkamah tidak membantu UMNO menyekat kuasa V.Sivakumar – individu yang memeningkan Umno sejak krisis Perak dicetuskan oleh Umno.

Raja Nazrin Resolute In Defending Monarchy From Being Ridiculed

KUALA KANGSAR, April 19 (Bernama) -- The Raja Muda of Perak, Raja Dr Nazrin Shah today said he would take on the primary responsibility of implementing all efforts to ensure that the institution of royalty which was core to the system of governance and nationhood in the country would continue to be protected.

"An offspring will not allow the dignity and sovereignty of a ruler to be ridiculed. As such the people must be conscious not to be hasty to throw the lamp away, as daylight too will end.

"Let it not be that as night falls, people grope about directionless, blanketed in darkness without a lamp," he said at the pledging of loyalty and awards ceremony in conjunction with the 81st birthday of the Sultan of Perak, Sultan Azlan Shah at Istana Iskandariah here Sunday.

He said the Malay rulers were not just symbols in the country but that the Malay Sultanate had an important role as the centre of strength for the people.

Raja Nazrin said the administrative system with Malay Sultanate as its core had been in place for more than 600 years and had succeeded in developing a great culture and civilization.

He said the wisdom of royalty aided the developmental process of intellectuality and from the palace emanated great works of art in writings.

"The Malay rulers are the symbols of sovereignty -- the symbols of citizens' strength -- the umbrella for the country's crown. The Malay rulers give identity to the nation.

"People who understand the culture of monarchy, will understand the philosophy of royal administration, the role of rulers, especially the role and responsibility of holding up national identity," he said.

He said the continuity of a race and the face of a nation depended on factors that gave it identity from the aspects of institutions, religion, culture and language.

"Actions of insulting institutions, ridiculing institutions, fermenting hatred towards institutions are early steps in the movement towards abolishing the institutions - therefore abolishing the original identity of the country's race.

"During the Cold War, such steps came from groups who held on to left-wing political doctrine and were categorised as subversives.

"In the name of the Cultural Revolution in China and communist indoctrination in Cambodia and Vietnam, children were incited to extreme levels, hating and making enemies of their own parents; religious leaders were criticised and places of worship destroyed; some places of worship turned into places to breed animals; leading to anarchy that had to be paid with lives and blood; and the social fabric destroyed," he said.

Raja Nazrin said the world now faced waves of globalisation -- waves that hit all borders -- to break down cultural walls and possibly drowning national history.

He said the younger generation which was being hit by the globalisation waves should be wise to balance claims of tradition and demands of modernity.

He said there were some who believed that to progress, focus must be on a progressive culture and they said that traditions and history would cause backwardness in a static culture.

"Globalisation actually brings waves of new colonialism to drown the traditions of a country, wiping out original identity.

"People must be aware that not all that is traditional hinders progress as tradition that is interpreted wisely and intelligently can function to bring progress.

"The cultural elements that have been factors of unity till this day are priceless social capital that should be defended," he said.

Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and three others headed the the list of 800 recipients of awards and medals in conjunction with Sultan Azlan Shah's 81st birthday.

Zambry together with Finance Minister II Datuk Ahmad Husni Hanadzlah, Housing and Local Government Minister Datuk Kong Cho Ha and Orang Kaya-kaya Panglima Kinta Seri Amar Diraja Datuk Dr Abdullah Fadzil Che Wan were awarded the Darjah Seri Paduka Mahkota Perak (SPMP) which carries the title of Datuk Seri.

Saturday, 18 April 2009

It’s time to storm the Bastille

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I call upon all Malaysians who wish to uphold the kedaulatan of the Federal Constitution of Malaysia to converge onto Ipoh on 7 May 2009 as a show of support to Nizar Jamaluddin and the Pakatan Rakyat government of Perak.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Kenyataan Media YB V.Sivakumar, Yang Dipertua Dewan Negeri Perak

7 Mei 2009 telah ditetapkan sebagai tarikh Persidangan Dewan Negeri Perak. Perkara ini tidak dirunding dengan saya terlebih dahulu. Saya tidak mengetahui tentang tarikh itu sehingga saya diberitahu oleh ADUN-ADUN yang lain. Notis dikeluarkan oleh Setiausaha Dewan En. Abddullah Antong. Saya telah mengantung tugasnya sebagai setiausaha Dewan Negeri sebelum persidangan 'bawah pokok' yang dibuat pada 3 Mac 2009.

Notis yang sama juga telah diberikan kepada saya oleh Setiausaha Dewan. Siapakah yang memberi arahan kepada Setiausaha Dewan untuk mengeluarakan Notis. Arahan itu sepatutnya datang daripada pejabat Speaker. Tetapi, Speaker sendiri tidak tahu tentang tarikh persidangan tersebut. Mungkin sayalah yang terakhir dimaklumkan tentang tarikh persidangan. Bukankah ini satu tindakan yang aneh. Speaker dihina sekali lagi.

Pada protokolnya, Spaeker yang harus memberi arahan kepada Setiausaha Dewan untuk mengeluarkan notis. Tetapi, di sini, speaker pula menerima notis yang sama seperti ADUN-ADUN yang lain.

Adakah ini merupakan usaha-usaha untuk memperkecilkan atau memperbodohkan institusi Speaker? Pada pandangan saya, ini merupakan satu lagi tindakan untuk menghina Speaker Dewan Negeri.

Sanggupkah Pandekar Amin, Speaker Dewan Rakyat berdiam diri jika Setiausaha Dewannya mengeluarkan notis memanggil Dewan Rakyat bersidang tanpa berunding dengannya? Bukankah hak Speaker untuk mengetahui terlebih dahulu segala apa yang berkaitan dengan Dewan. Apa gunanya institusi Speaker apabila semua keputusan dibuat oleh Pihak yang lain. Ini merupakan campurtangan eksekutif yang nyata. Sekali lagi doktrin pengasingan kuasa dicabuli.

Saya akan menulis surat kepada Istana untuk mendapatkan kepastian tentang tarikh persidangan yang ditetapkan. Saya tidak ditunjukkan apa-apa bukti tentang penetapan tarikh persidangan oleh Istana. Oleh yang demikian, tarikh persidangan itu mungkin perlu ditangguhkan sehingga saya mendapat kepastian tentang tarikh tersebut.

Saya juga mengantung tugas En Abdullah Antong sebagai Setiausaha Dewan. Beliau akan digantikan dengan Tuan Haji Misbah sehingga suatu tarikh yang akan diberitahu kelak.

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Saya sedar ramai yang ingin tahu kesan keputusan Mahkamah Persekutuan pada 16 April lalu yang memutuskan bahawa keputusan V.Sivakumar, Speaker Perak menggantung dan melarang Zambry dan enam Exconya hadir di Dun Perak selama 18 bulan dan 12 bulan adalah terbatal dan tak sah.

Ramai yang bertanya saya adakah keputusan tersebut bermakna Zambry dan enam exconya kini boleh menghadiri sidang Dun Perak?

Jika kita melihat kenyataan peguam Umno dan laporan akhbar pro-Umno seperti Utusan Malaysia (17.4.2009) mereka dengan tidak bertanggungjawab menyatakan bahawa Zambry dan enam exconya kini dibenarkan menghadiri sidang Dun Perak yang mungkin akan diadakan dalam masa terdekat.

Sebagai salah seorang peguam yang terlibat dalam kes tersebut, saya menasihati rakyat agar tidak terkeliru dengan kenyataan peguam Umno dan laporan akhbar Umno tersebut. Banyak yang mereka sembunyikan dan tidak jelaskan tentang apa yang sebenarnya berlaku di Mahkamah Persekutuan pada tarikh tersebut.

Marilah kita mulakan dengan melihat apakah perintah-perintah yang dipohon oleh Zambry dan enam exconya di dalam saman yang mereka kemukakan ke atas Sivakumar di Mahkamah Tinggi dan kemudiannya didengar di Mahkamah Persekutuan.

Sebenarnya Zambry telah memohon sepuluh (10) perintah Mahkamah dan dari sepuluh perintah tersebut Mahkamah hanya membenarkan dua (2) perintah sahaja. Dua perintah yang dibenarkan oleh Mahkamah adalah seperti berikut:

Pertama, perintah membatalkan keputusan V. Sivakumar yang menggantung dan melarang Zambry hadir di Dun Perak selama 18 bulan.

Kedua, perintah membatalkan keputusan V. Sivakumar yang menggantung dan melarang enam exco Zambry untuk hadir di Dun Perak selama 12 bulan adalah terbatal dan tak sah.

Itu sahaja dua perintah yang Mahkamah Persekutuan benarkan pada 16 April lalu. Memandangkan Mahkamah Persekutuan hanya membenarkan dua perintah di atas, adalah jelas Mahkamah tidak membenarkan lapan (8) perintah lain yang juga dipohon oleh Umno dan dihujahkan oleh para peguam Zambry dan pasukan peguam Sivakumar.

Mohamed Hanipa Maidin

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The judges of the Federal Court have failed the people and the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.

This is a perverse judgement of the Federal Court. It is perverse because it is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution, which says: ”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”. The judges of the Federal Court have failed the people and the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.

Don’t these judges realise that they have actually done a disservice to the Government of the day? Perhaps they have never heard of the Taff Vale case. I think the message of the Taff Vale case to our judges of the Federal Court should be clear enough. The electorate may decide, just as the voters did in 1906 England to the Conservative Government, to use the power of their vote to unseat the BN government in the next by-election or general election because they do not trust the judges.

Suppose the Speaker Sivakumar were to ignore the declarative decree of the Federal Court, what then? Clause (2) of Article 72 of the Federal Constitution says that: “No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof”.

The Federal Court can say anything they like but the Speaker is not liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly. The order of the Federal Court seems to me to be a brutum fulmen which in Latin means “ineffectual thunderbolt: (action which is) loud but ineffective”.

By NH Chan

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Article 72 of the Federal Constitution of Malaysia

72 (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

72 (2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

72 (3) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

72 (4) Clause (2) shall not apply to any person charged with an offence under the law passed by Parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the Emergency (Essential Powers) Ordinance No. 45, 1970.

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So there you have it -- the press statement by the Speaker of the Perak State Assembly and the legal opinions of NH Chan and Mohamed Hanipa Maidin. You really do not need to go to law school to comprehend the issues. The power to decide rests with the Speaker and under Article 72 of the Federal Constitution of Malaysia the courts may not interfere in the decision of the Speaker. The court just does not have the power to do so.

So where do we go from here? Umno has overridden the Speaker by calling for a State Assembly meeting on 7 May 2009. They are doing this because, if the State Assembly does not meet by 13 May 2009, then the State Assembly is automatically dissolved and a new state election has got to be called. That is why Umno is pushing for a State Assembly meeting, legally or otherwise, to avoid the dissolution of the State Assembly whereby a new state election must be held within 60 days from 13 May 2009.

On 11 March 2009, the Perak Menteri Besar, Nizar Jamaluddin, requested an audience with His Highness the Sultan of Perak. The Palace, however, ignored that request and did not respond. At 3.40pm yesterday, Nizar sent a second letter requesting an audience. It is not known yet whether His Highness will, again, ignore this letter or probably reply in the negative. Most likely this second request will be ignored as well.

Umno and the Palace are playing with fire. There is only so much the people will tolerate. Winning the 8 March 2008 general election through fraud is one thing. In spite of the rampant cheating, Barisan Nasional is still seen as winning through a democratic process although everyone knows they won with a mere 51% of the popular votes -- which would have been less than 50% if they had not padded the ballot boxes and manipulated the elections through gerrymandering and postal votes. On a level playing field, today, Pakatan Rakyat would be the federal government instead of Barisan Nasional.

Nevertheless, there was still an election and the people can accept the decision, fraud or no fraud. But to topple the Perak state government in violation of the Federal and State Constitutions would be extremely unpalatable and something the people will not allow to happen without a fight.

The mood on the ground is not good. The people are restless. They want Perak back in the hands of the lawful government, not transferred illegally to Barisan Nasional in violation of the Constitution.

Today, the people have the law on their side. They are standing on the side of right, not might. And if enough people stand united in opposition of might, then right wins in the end. Beware the 7th of May. The storming of the Bastille occurred on 14 July 1789. Will we be seeing the second storming of the Bastille on 7 May 2009? I would not be the least bit surprised if there is.

Maybe this is what Umno wants. They want chaos to erupt on 7 May 2009 so that they can declare an emergency on that day and suspend the Perak State Assembly for six months or more, like they did in Kelantan 30 years ago. Then, too, in Kelantan 30 years ago, they brought the PAS government down by engineering riots on the streets of Kota Bharu and then declared an emergency and suspended the state assembly.

It took PAS 12 years to get back Kelantan and since 1990 Kelantan has remained an opposition stronghold. It would now take forever for Umno to win back the state but the people of Kelantan had to endure 12 years of Umno rule and rampant corruption and mismanagement before PAS managed to kick Umno out again.

There appears to be a hidden agenda here. Umno knows that the courts cannot overturn the Speaker of the Perak State Assembly’s decision. So why are they doing this? And the mainstream media is spinning propaganda that the court has ruled in favour of Umno whereas the court only ruled in two out of ten points -- and even then, in the first place, the court should have rejected Umno’s application on grounds that it has no jurisdiction over the matter.

The police are looking for me. My friends have been summoned to the police headquarters for interrogation, police cars are parked outside their house, and police personnel are loitering outside their residence to monitor whoever comes and goes. My ISA case, which the government is appealing, has suddenly been dropped and for almost two months the case has gone cold after the Federal Court appeared to be in a hurry and would not even allow us 24 hours to file the necessary papers.

This seems very strange. Initially, the court wanted everything done yesterday and even the following morning was considered too late. Why the sudden change in urgency? Does the government now feel that I should not be sent back to Kamunting since Najib Tun Razak is now the Prime Minister?

Not likely. The reason they are no longer in a hurry on the ISA appeal is because they have issued a new detention order. So they no longer need to hurry with the appeal hearing. They can just detain me under a fresh detention order and send me back to Kamunting. And that is why they are loitering outside my friends’ houses and have called them in for interrogation. They are looking for me.

The police know of my clash with the palace and about my self-imposed exile from Selangor. So, I am not in Selangor. So where am I? That is what the police want to know. And why are the police so concerned about where I am? Because they want to detain me under the Internal Security Act using the new detention order that has been issued.

Well, never mind, they want me back in Kamunting under ISA for what the government alleges is my treasonous act which makes me a threat to national security. Then let us give them a good reason to send me back to Kamunting. Let me really be a threat to national security.

I call upon all Malaysians who wish to uphold the kedaulatan of the Federal Constitution of Malaysia to converge onto Ipoh on 7 May 2009 as a show of support to Nizar Jamaluddin and the Pakatan Rakyat government of Perak. Let us not allow Umno and Barisan Nasional to take the Perak government by force and through foul means. Let us, Rakyat Malaysia, storm the Bastille.

There, now you have a valid reason to detain me under ISA.

KDN Menolak Pemohonan 7 Ahli Parlimen Melawat P.UthayaKumar

memohon-kebenaran-melawat-tahanan-isa-puthayakumar

Surat Penolakan Yang DiTandatangani oleh Menteri Dalam Negeri

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Manikavasagam menunjukkan Surat Penolakan di Pejabat Beliau. Anehnya Wakil Rakyat perlu memohon kebenaran Menteri Dalam Negeri sebelum melawat Tahanan ISA. Kenapa?

memohon-kebenaran-melawat-tahanan-isa-puthayakumar-our-letter

Surat Permohonan Manikavasagam bagi pihak YB Ahli Parlimen- Ahli Parlimen untuk melawat P Uthayakumar yang didakwa tidak menerima rawatan perubatan sewajarnya.

Pakatan to fight BN all the way for Perak

By Baradan Kuppusamy- The Malaysian Insider

KUALA LUMPUR, April 18 — The move to suspend Perak state assembly secretary Abdullah Antong Sabri today is a signal that neither the Speaker V. Sivakumar nor the Pakatan Rakyat is going to concede control of the legislature to the Barisan Nasional without a fight.

The issue was debated long and hard by top PR leaders in Penang today and the decision is to fight BN every inch of the way.

A number of PR leaders feel that since they consider the upcoming assembly “illegal,” their attendance may legitimise it.

But after heated debate the decision was taken to attend the assembly or otherwise it was felt BN would have a free hand to do what it liked.

A senior PR leader who attended the three-hour meeting said they would fight BN every step of the way.

“We have Plans A, B and C,” the leader said, promising a “climatic” outcome to the May 7 face-off between PR and BN.

The suspension of Abdullah by Sivakumar today is the first move by PR in what has become a game of wits.

Sivakumar first suspended Abdullah on March 3 for failing to take his instruction and he suspended him again today for sending out notices to all representatives for the assembly to convene on May 7.

“I am the Speaker and I am acting in accordance with all the rules and regulations of the Perak constitution,” Sivakumar said when contacted.

He declined further comment, citing possible legal complications.

Earlier, he told reporters in Ipoh that he had appointed Mohd Misbahul Munir Marduki as secretary of the state assembly.

He said the “purported sitting” on May 7 should not proceed pending further clarification.

Meanwhile, Ipoh Barat MP M. Kulasegaran said Sivakumar was neither informed nor consulted on the May 7 sitting.

“This act of calling an assembly sitting over the head of the Speaker is not only blatant but a direct usurpation of the powers of the Speaker by the mentri besar,” he told The Malaysian Insider.

“This is a coup… no less. This is against democracy,” he said.

He also said the courts had no business ruling on issues involving the legislature as the constitution clearly bars any interference by the judiciary.

“We are surprise and shocked by recent court decisions,” he said.

On Thursday, the Federal Court lifted Sivakumar's suspension of the MB and his six executive councillors from the state legislature.

The ruling has sparked controversy because it appears to ignore the principle of separation of powers and constitutional provisions which say proceedings of the legislature cannot be questioned in a court of law.

Although Sivakumar has suspended Abdullah and appointed another secretary who is presumably favourable to him, it remains unclear if the suspension will stop BN from convening the assembly sitting.

It is learned that the first matter on the agenda is the removal of Sivakumar as Speaker because being hostile to the BN, he can — theoretically — use the powers of his office to ruin any moves by BN to claim legitimacy in its power grab.

When the assembly first convened after the March 8 general election last year the first matter in the order of business was the election of a Speaker.

That part of the assembly was chaired by Abdullah and Sivakumar was elected Speaker.

Sources said that since the first matter is the election of a new Speaker, either Abdullah or even the Deputy Speaker, the former DAP assemblywoman Hee Yit Fong, could chair proceedings.

They said a separate lawsuit to determine whether BN's Datuk Zambry Abdul Kadir or PR's Datuk Seri Nizar Jamaluddin is the legitimate MB could be brought forward to the end of this month.

If the court holds that Zambry is the lawful mentri besar, it would remove the final legal hurdle for BN.

Soon, a Hindraf political party

By Baradan Kuppusamy- The Malaysian Insider

KUALA LUMPUR, April 18 — Major changes are under way in the Hindraf and Makkal Sakthi movement.

The changes could possibly see the return of Hindraf founding chairman P. Waythamoorthy from self-imposed exile in London, the setting up of a new Indian political party and an affiliate mass-based NGO, and the release of the three remaining Hindraf leaders in ISA detention including P. Uthayakumar.

These are among changes seen by Hindraf leaders as necessary to get the movement out of the rut it is in — splintered and without a coherent agenda and vision.

These changes, if they pan out, would have a significant impact on all Indian-based political parties like the MIC, PPP and the splintered IPF, all of which claim to represent the Tamil working class.

A new Hindraf/Makkal Sakthi-based political party, possibly called the Makkal Sakthi Congress, according to a national Hindraf co-coordinator, would significantly erode Indian support for the traditional Indian-based political parties.

The worst to be affected would be the MIC which claims 750,000 members, more than half the Indian population, but which lost massively in the March 8, 2008 general election.

Opposition political parties like PKR and the DAP that rode the Hindraf wave and benefited hugely would also suffer if a new Hindraf/Makkal Sakthi political party is set up.

“It is time we set up a new political platform to unite, consolidate and fight for Indian rights,” said Hindraf national co-coordinator R.S. Thanenthiran.

“We have to move up the value chain and the next logical step is our own political vehicle,” he told The Malaysian Insider. “Our own political vehicle would enhance out struggle.”

He said currently Makkal Sakthi is heavily splintered and exploited by various political parties for their own ends.

“We want to end this situation and take off boldly on our own.”

It is also learned that the government has sent out feelers to Hindraf leaders here and abroad and that negotiations have started with the aim of finding a new formula under which all sides can be accommodated.

However, Hindraf founders Waythamoorthy and his brother Uthayakumar remain ambiguous about the role for the Makkal Sakthi movement that was sparked by the Nov 25, 2007 demonstration in the federal capital.

They alternate between wanting a political vehicle of their own and remaining non-political.

Earlier this week Waythamoorthy announced that he had dissolved all coordinator positions in the movement and had formed new coordinating committees to enhance their position.

One of those dropped is Thanenthiran who however told The Malaysian Insider that the move is misunderstood.

“We are just clearing the deck ahead of forming a new political organisation,” he said, adding they hope to consolidate and take off in the next three months.

A meeting would be held in Chennai, India next month to work out the form and shape of the new political organisation and the political role it wants to play.

A major issue is which side of the divide the new party would be on.

The choices are Pakatan Rakyat, Barisan Nasional or to be independent — a difficult choice to make considering Indian grassroots sentiments remain with the PR as the recent Bukit Selambau by-election results indicate.

Indian voters are willing, despite initial fears of “creeping Islam”, to even vote for PAS in overwhelming numbers.

“They feel comfortable with the Pakatan for now and over time that support will become institutionalised and become a permanent trend unless the MIC and the BN make over urgently,” political scientist Dr Denison Jayasooriya told The Malaysian Insider.

“It is a now or never situation for the MIC and the BN,” he said, adding the political landscape is constantly changing as the old rules are discarded and new players enter the fray.

HINDRAF RESS STATEMENT 18.04.2009

RE : GOVERNMENT SHOULD IMMEDIATELY STOP THE NONSENSE OF FORCED AND UNLAWFUL CONVERSION.

LATEST RELIGIOUS FIASCO – 3 CHILDREN AGED 12 , 11 AND 1 FORCEFULLY CONVERTED TO ISLAM

HINDRAF expresses its shock and utter disgust at the conduct of JAIS in allowing a forceful and unlawful conversion of three children who were born and brought up as Hindus.

The father of those children has every right to convert to whatever religion he chooses but he does not have any right to forcibly convert his children who are minors to the Islamic faith unilaterally without the consent of his estranged wife.

The Federal constitution was drafted for everyone in a civil society that consist of a multi racial society but today Syariah laws practiced by fanatical JAIS with assistance from the government and sanction from the Federal Court (which has abdicated its powers) is infringing the basic right of a Malaysian citizen as it seems to supersede the desire of the multi racial society and the true spirit of the constitution.

We are totally sickened with the conduct and manner in which JAIS officers seem to have been colluding with K.Pathmanathan (now Mohd Ridzuan Abdullah) in serving “a syariah court order” on the Hindu wife. Every time a religious controversy arises it is the relevant Islamic religious bodies which colludes and protects the converting party without any regards to the civil society.

JAIS continues to strain the social fabric of a multi racial nation with their “CULTURE OF ARROGANCE IN CONVERSION”.

The provisions of the Federal Constitution with regards to religious freedom are crystal clear. It is time the converting party and the Islamic authorities follow the correct logical procedure ie obtaining the necessary court order in a civil court first before attempting to convert the children. What they are doing is definitely a “backdoor method through Syariah law” to conversion and an attempt to bully the mother of those children and non muslims into submission to a syariah court order.

Malaysia is a multi racial country with a Federal constitution and religious zealots cannot usurp its function. There should be respect for universal principles of human rights and religious freedom.

HINDRAF urges all democratic minded citizens, NGO’s and lawmakers to condemn this appalling act by the father, Mohd Ridzuan Abdullah and the Islamic authorities in converting the children.

Hindu Sangam which claims to represent the Malaysian Hindu community should act proactively to mount the pressure rather than putting their “faith” and “pray” on promises of setting up committees and “we will look into it” answers given by UMNO government.

Many committees have come and gone but there has never been a solution to this pertinent controversial issue relating to conversion as the government continues to defy the very concept of the Federal constitution.

The 2007, Federal court judgment, that the consent of one parent is sufficient to convert a child in the case of R.Subashini is gravely flawed as it always favours the party converting to the Islamic faith rather than upholding the spirit of the constitution.

What if the other non Muslim parent then initiates a civil action and provides consent to reconvert the child to its original faith-would that be sufficient consent then and will the Federal court then sanction it or the Syariah court would then declare that the minor could face criminal prosecution for apostasy.

This is a deadlock that the government and the Federal Court need to address for the well being of the multi racial society rather than being intimidated by religious zealots.

Hindraf maintains the Federal Court judgment in Subhashini’s case is gravely flawed and the Federal Court should not abdicate its duties and independence to protect every litigant equally and in fairness without fear or favour.

P.Waytha Moorthy

HINDRAF

CHAIRMAN

Genocide of The Sri Lankan Tamils Memorandum to USA President

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Protesters want US to intervene in Sri Lankan war
Hafiz Yatim | Apr 17, 09 11:59am

A small group of protesters today gathered at the American Embassy at Jalan Tun Razak in Kuala Lumpur to urge Washington to intervene to stop the civil war in Sri Lanka.

Led by the KL-based Global Peace Initiative, the 20-odd protesters wanted US president Barack Obama to urge the Sri Lankan government to stop targeting and victimising innocent Tamil civilians in their fight against rebels LTTE.

Global Peace Initiative coordinator S Pasupathi also submitted a memorandum to US embassy representative Eugene Axe.

Also present in the protest were Pakatan legislators R Sivarasa, M Manogaran, Charles Santiago and S Manikavasagam.

sri lanka protest us embassy 170409 01The 25-year-old conflict between the Sri Lankan government and the LTTE reached a high in recent days when the government troops managed to corner the rebels into a 17 square kilometre strip of northeastern coastline.

The problem however is that tens of thousands of civilians too have been forced to stay with the remaining LTTE soldiers in the tiny area.

According observers, the Sri Lankan government’s continuous attacks onto the enclosure were causing high civilian casualties.

The United Nation has also swung into action to protect the civilians by sending the secretary-general’s chief of staff to Sri Lanka to arrange for the trapped civilians to escape.

UN officials also said that they have been pushing the Sri Lankan government to stop shelling areas where civilians are concentrated.

Pasupathi: Force a ceasefire

Pasupathi said the fear was that many innocent people, including women and children, in grave danger of being massacred.

“There are 190,000 civilians entrapped within a small area of safety zone… they are facing danger everyday,” he said.

Sri Lanka two-day ceasefire in war against Tamil Tigers”We want the US government, being a superpower, to intervene and order the Sri Lankan government to have an immediate ceasefire to stop the genocide,” he said

The memorandum submitted today also highlighted the Sri Lankan government’s intention to “wipe out” every Tamil from the island-state.

It said that the government troops have “killed more than 77,000 Tamil civilians, including children”.

“During the last three month, more than 4.100 Tamils have been killed and more than 8,000 wounded by the government armed forces.”

The memorandum also quoted Sri Lankan defence secretary Kottabaya Rajapakse as saying: “From now on, let the women captured in Mullaitivu be the feast of our soldiers. Let the blood of the men captured there redden the Indian ocean”.

Besides wanting the US intervention, the Global Peace Initiative also hoped Obama will request the meeting of the United Nation’s security council at once and order a permanent ceasefire there.

It also wanted the UN to deploy peace keeping forces to the war zone.

Charles: Asean should also intervene

Klang MP Charles Santiago also called on Asean, of which Malaysia is a founding member, to help stop the conflict.

sri lanka violence 110309 03″The number of casualties among civilians is staggering and efforts have to be made to stop the genocide,” he said.

Santiago said the international community should also pressure Sri Lanka to stop the escalating conflict there to prevent further civilian deaths.

He said the Sri Lanka Tamils were in dire need of international intervention and hoped that the US government would take some action.

Meanwhile R Sivarasa, who is also Subang MP, said they had handed over similar memorandum to Sri Lanka and the United Nations to pile up the pressure to stop the killings.

Sivarasa said they will also hand a memorandum to the Indian High Commissioner next Tuesday to seek their support to stop the killings