An uneasy peace in MCA

By Lee Wei Lian - The Malaysian Insider

KUALA LUMPUR, Oct 22 — The announcement of MCA’s peace plan today left niggling doubts over how solid the reconciliation between former rivals will be and whether it will really be the end to months of power struggle.

The Malaysian Insider understands that Prime Minister Datuk Seri Najib Razak, who brokered the plan, is also unsure if the idea of maintaining the status quo in MCA will work.

Under the plan, Datuk Seri Ong Tee Keat and Datuk Seri Dr Chua Soi Lek agreed to bury their differences.

Ong and Dr Chua agreed to find ways to stabilise the party, with the two at the helm, without bringing the party to the brink.

Another EGM and fresh polls is also off the agenda under the truce.

The Malaysian Insider understands that Najib is going along with the plan for now but like everyone else, wonders if a refusal to accept the verdict of party delegates will have consequences.

A press conference, hastily convened at MCA’s headquarters at 2.30pm this afternoon, got off to a frosty start when esrstwhile rivals Ong and Dr Chua entered the room and sat one seat apart without making small talk.

There was also an awkward silence as all present in the room waited for the third party — Datuk Seri Liow Tiong Lai — to arrive.

Vice president Datuk Ng Yen Yen shuffled uncomfortably in her seat even after Liow arrived.

A sombre looking Liow did not talk during the press conference but later told reporters he would have to “discuss” the unity plan with central committee members.

During the press conference, it was confirmed that Liow would remain deputy president for now pending a response from the Registrar of Societies (ROS) on Dr Chua’s application to be recognised as deputy president following the annulment of his sacking.

If the ROS declares Dr Chua the deputy president, it could prove an obstacle to the unity plan.

Chua’s role now remains ambiguous.

“I will brainstorm with other leaders,” said Ong when asked about Dr Chua’s role in the party.

The other question which was answered during the press conference but in an unconvincing fashion was whether Ong and Dr Chua would be able to work together.

“I am optimistic and hopeful,” said Ong when asked if the two men would be able to overcome months of deep seated animosity.

Dr Chua put it in more pragmatic terms saying both men had about half the support of the general assembly and therefore had to unite to move the party forward.

“The EGM was an eye opener for both men. There are no permanent friends or enemies in politics,” said Ng after the press conference.

There is a feeling among party observers now that Liow’s position has worsened due to the peace plan.

Though the announcement of a peace plan was supposed to be a joyous occasion, there was no backslapping or laughter, just polite smiles and handshakes.

Another question that remains is how Ong’s intention to stay on as president will affect his image since the party general assembly passed a motion of no confidence against him.

He said today said that he had decided not to resign after receiving numerous letters, e-mails and text messages of support and wants to take care of unfinished business.

Whether the party delegates will be able to accept this explanation after traveling from all corners of the country to cast their vote remains to be seen.

But with Dr Chua appearing to be throwing his support behind the peace plan, his supporters are unlikely to make much of a fuss.

“The EGM was to get rid of Tee Keat and now that Soi Lek is supporting a unity plan, then there is no reason for him to resign,” argued a source close to Ong.

Ong denied Najib had applied pressure on the two men to make peace.

The revelation that Najib had met the two men however could reinforce the perception that MCA is unable to solve power struggles on its own.

Ultimately, the uneasy peace in MCA is likely to mean Ong and Dr Chua will have to draw up a time frame for succession.

Witness refuses to say how much MACC paid him

By Clara Chooi - The Malaysian Insider

IPOH, Oct 22 — The agent provocateur whose work resulted in the arrests of two former PKR state executive councillors for corruption, refused today to disclose in court how much the Malaysian Anti-Corruption Commission (MACC) had paid him for his services.

Mohamad Imran Abdullah, 34, who is the star witness in the trial, caused a stir when he refused to give the information despite being told to do so by the Sessions Court Judge Azhaniz Teh Azman Teh.

The question was posed during cross-examination by defence counsel Abdul Roni Rahman, who is representing the two former PKR men, Behrang assemblyman Jamaluddin Mohd Radzi, 52, and Changkat Jering assemblyman Mohd Osman Mohd Jailu, 57.

Roni: Were you paid some compensation for your work?

Mohamad Imran: As 'sagu hati' (a gift), yes.

Roni: Can you tell us how much the MACC (formerly Anti-Corruption Agency) paid you?

At this juncture, Mohamad Imran hesitated and MACC prosecution unit head Datuk Abdul Razak Musa stood up to interject.

“I object to this question. It is irrelevant,” said Abdul Razak.

Judge Azhaniz Teh frowned before asking, “Why is it irrelevant?”

The judge then ordered Mohamad Imran to answer the question.

The nervous-looking witness however refused to do so and after a pause, told the court, “I am sorry, tuan, but I do not want to answer this question.”

Judge Azhaniz Teh looked at Abdul Razak and asked, “This is your witness and he has refused to answer the question although the court has ordered him to. Why the secrecy? Is it against any government policy?”

Abdul Razak said that if the witness were to answer the question, the court should be cleared. He added that answering such a question was against public policy.

Defense counsel Surjan Singh, who is representing another accused in the trial, then stood up and loudly disagreed with Abdul Razak.

“This is not against any public policy. We all know that all informers are paid. He already admitted that he was paid so what is wrong with telling the court how much?” said Surjan Singh.

Judge Azhaniz Teh then told both the prosecution and the defence to submit on the matter after lunch.

When the case resumed, Abdul Razak said that payments made to agent provocateurs was a “government secret matter” which was why he did not want the information to be made public.

He cited sections in the Evidence Act 1950 to back his earlier statement that the information was not relevant to the trial.

When the defence stood up to disagree, Judge Azhaniz Teh asked, “What is the purpose of asking that question? How is it relevant to the trial?”.

Surjan Singh stressed that the information was vital as the amount received by Mohamad Imran for his work as an agent provocateur would indicate the latter's mental state when carrying out his duties.

“It would show his frame of mind to do the job successfully in ensuring an arrest and a conviction.

“He himself admitted he is an agent provocateur. Also, he admitted he was paid.

“If he was paid peanuts, he would not have gone to the extent that he had gone, in order to obtain the arrests,” said Surjan Singh.

He added that given the short opportunity for research on the matter, he had been unable to find any authority to state that Mohamad Imran should not be compelled to answer the question.

“If I am given more time, I can submit further on this matter,” he said.

Judge Azhaniz Teh granted Surjan Singh his request and fixed Monday, October 26, to hear the submissions.

During the trial earlier, Roni attempted to wrangle an admission from Mohamad Imran that both Jamaluddin and Mohd Osman had been victims of entrapment.

After they were slapped with corruption charges, the two former PKR men defected from their party in February this year and became Barisan Nasional-friendly Independents, a move which led to the fall of the Pakatan Rakyat government in Perak.

Roni also pointed out more discrepancies in Mohamad Imran's reports to the MACC, this time over the handing over of cash to Mohd Osman.

On August 16, 2008, when Mohamad Imran met with Mohd Osman at the Aquarius Coffee House of the Summit Hotel in Bukit Mertajam, the former inaccurately stated in his report that RM5,000 had been handed over to Mohd Osman although the latter never touched the cash.

Roni: In Aquarius, you put the money on the table.

Mohamad Imran: No. I had the money in my hands and intended to give it to Mohd Osman. And then Mohd Osman told me to give it to (PKR politician) Usaili Alias. (Usaili is another accused in the trial).

Roni: Do you agree that Mohd Osman did not want to accept the money and that was why he asked to give it to Usaili, who was the elections director for the Permatang Pauh by-election?

Mohamad Imran: I disagree.

Roni: I am not confusing the facts here. Let me ask you a direct question – You gave the money to Usaili because the money was intended to go to aid PKR in the by-election?

Mohamad Imran: I disagree.

The RM5,000 was allegedly meant to help Mohamad Imran in securing a multi-million ringgit housing project development in Seri Iskandar, a township some 45km from here.

Roni then asked Mohamad Imran if everything that he had done between Aug 4 and Aug 19, 2008, had been under the orders of MACC officer Firdaus Mohd Idris.

Mohamad Imran said yes and added that another MACC officer, by the name of “Azam”, had also been coaching him.

Roni: This means that it was not your personal intention to embark on this so-called housing project in Seri Iskandar?

Mohamad Imran: I agree.

Roni: Do you agree, that from then until even now, such a project does not even exist and there was never any intention on the part of anyone to embark on such a project?

Mohamad Imran: I disagree.

Roni: Do you agree that during the handing over of RM1,000, RM1,400, RM2,000, RM5,000, RM5,000 and RM9,000 (on separate occasions before Aug 19), there was no arrests made by the MACC?

Mohamad Imran: I agree.

Roni: There was no arrest during this time because the funds were actually meant to help PKR in the Permatang Pauh by-election.

Mohamad Imran: I disagree.

Roni: The MACC did not make arrests because on these occasions, the two former state executive councillors (Jamaluddin and Mohd Osman) were not present (during the handing over of the money) at the time.

Mohamad Imran: I do not know.

Roni: This is because MACC's main target was to arrest the two of them.

At this juncture, Abdul Razak stood up to object.

“How would he (Mohamad Imran) be able to answer this question? He is not from MACC,” he said.

Roni then changed his line of questioning but Mohamad Imran, who was beginning to look frazzled, stumbled through most of the next few queries, triggering laughter in the courtroom.

Roni: Do you agree that giving a bribe is a criminal act?

Mohamad Imran: (nods) I agree.

Roni: Do you agree that offering sex (bribes) is also wrong?

Mohamad Imran: (pause) I am not sure.

The audience in the gallery sniggered.

Roni: Since you agree that giving a bribe is wrong, so then you are agreeing that you were wrong to offer bribes to the accused.

Mohamad Imran: I disagree.

More laughter from the courtroom was heard.

Roni: Do you agree that a person who did not receive a bribe, did not commit a crime?

Mohamad Imran: (pause) I disagree.

At this point, the two former PKR men were seen grinning.

Roni: Since there was actually no real intention to embark on the housing project in Seri Iskandar, do you agree that you cheated Usaili, Ruslan, Zul Hassan and Fairul by saying you wanted to develop such a project?

(Former Perak Tengah district councillor Zul Hassan, 45, and businessman Fairul Azrim Ismail, 31, are also jointly charged for various counts of corruption in the same trial.

Former Perak Development Corporation technician Ruslan Sahat was also charged but his charges were dropped when he passed away on Aug 3.)

Mohamad Imran: I disagree.

Roni: If you do not tell the truth to someone, does it make you a liar?

Mohamad Imran: (Long pause and silence).

Roni: It is a simple question. If you say something that is not true, you are a liar. Agree?

Mohamad Imran: I disagree.

The trial continues tomorrow with the cross-examination of Mohamad Imran by Fairul's lawyer, Mohd Asri Othman.

Court differs from Perak decision as Gobind remains barred

By Shazwan Mustafa Kamal- The Malaysian Insider

KUALA LUMPUR, Oct 22 — Puchong MP Gobind Singh Deo (picture) remains barred from the Dewan Rakyat after the High Court ruled today that legislative proceedings cannot be challenged in court, in a decision which appears to go against an earlier Federal Court ruling.

The decision by the High Court today relies on a generally accepted principle of Separation of Powers but contradicts a Federal Court ruling in April which said it was allowed to inquire into legislative proceedings.

The Court ruled today that the constitution was supreme and that it cannot question proceedings of the Dewan Rakyat.

But in April, the Federal Court panel of Augustine Paul, Alauddin Mohd Sheriff, Arifin Zakaria, Nik Hashim Nik Ab. Rahman, and Zulkefli Ahmad Makinudin was willing to depart from this precedent, which gives respect to the doctrine of separation of powers in a case between ousted Perak Speaker V Sivakumar and Barisan Nasional assemblymen in Perak.

In that case the Federal Court ruled Sivakumar did not have the power to suspend Datuk Zambry Abd Kadir, the mentri besar, and six BN executive council members from attending the state assembly.

The ruling cleared the way for the seven men to attend the state assembly and head off attempts to mount a no-confidence vote against the Perak BN government.

With that decision the Federal Court appeared to have punctured the hallowed doctrine of separation of powers upheld by court decisions on five previous occasions.

In the previous decisions, the court had followed provisions in the constitution which says the courts cannot interfere in proceedings of the legislative assembly.

In the case of Gobind today, the High Court appeared to be returning to that doctrine.

In his decision earlier, Judicial Commissioner Mohamad Ariff Md Yusof took pains to point out that Gobind’s case was different from the Perak case because nobody was questioning the “validity” of the committee that suspended Gobind, unlike the committee chaired by Sivakumar.

He also noted that there were clear provisions in law for the Dewan Rakyat committee to decide if Gobind’s act was an offence that could be categorised as “contempt of the house”.

For those reasons, he said, the court was not reviewing Gobind’s 12-month suspension.

But the novice judge also pointed out that the courts exist to provide “check-and-balances” to the arbitrary decisions made in Parliament, which were not backed up by clear provisions in law.

Mohamad Ariff ruled that the first-term MP cannot take part in the lower house proceedings until March 18 next year, but is entitled to his monthly salary and other monetary benefits as clearly stated in Article 64 of the Federal Constitution.

He noted that under the law, Gobind could only be fined a maximum of RM1,000 for breaking the rules in Parliament, and be arrested if he does not pay the fine.

The judicial commissioner also ruled that an interest rate at eight per cent a year to be added to Gobind’s pay and be backdated to March, when Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia passed the motion to suspend the fiery man for contempt.

Gobind’s lawyer and father, Karpal Singh, said it was a fair ruling and they would not be appealing.

“It’s a fair decision. The judge has done a lot of work.

“While what Gobind had said was tantamount to contempt, they had no right to take away benefits,” the veteran lawyer said.

Karpal, who is also DAP chairman highlighted that today’s decision held “far reaching consequences” for Parliament Speakers from now on.

“A landmark decision has been reached where the decisions of Parliament are now subject to judicial review.

“Parliament must be careful of decisions it adopts. It can’t do as it likes anymore,” he told reporters outside the courtroom.

“This judgment shows that the Speaker’s decision can be questioned in a court of law,” he added.

Karpal, who is also Bukit Gelugor MP, joked that Pandikar and Datuk Seri Nazri Aziz, as minister in charge of parliamentary affairs, should get a copy of the written judgment when it is completed.

“Parliament is not absolute,” he stressed, and ended: “it goes against what they believed all along.”

Gobind, who is also a lawyer, said that he was satisfied with the ruling, but moaned about not being able to take part in the upcoming Budget 2010 debate.

“The suit was filed as a matter of principle,” he said.

“I was hoping to get back to Parliament, but at the same time I am relieved that the judge did say that I am still the MP for Puchong,” he added.

Audit earlier stimulus packages before starting third, says Dr M

KUALA LUMPUR, Oct 22 — The government needs to audit the results of the earlier two economic stimulus packages before introducing a third package to ensure that it is necessary for the economy, said former Prime Minister Tun Dr Mahathir Mohamad. ‘

“What the government needs to do is to make a full audit of the results of the stimulus packages. Of course, if it is good, we should have more,’“ he told reporters after delivering a talk at the 21st Federation of AFRO-Asian Insurers and Reinsurers conference here today.

Mahathir was responding to a question on whether Malaysia needed a third stimulus package to further boost the economy on top of the earlier packages totaling RM67 billion announced this year.

Research houses and analysts have been proposing the idea of a third stimulus package to further bolster the domestic economy.

The former prime minister said there were many things to be done to determine the direction of the country as Malaysia has come to a different stage of development.

‘“What we did during my time cannot now be done because it is not going to work,’“ he said.

Foreign direct investment alone is not enough, and the government should look into the kind of FDI that the country needs now, he added. — Bernama

Who’s fibbing, then?

On 19th October, Malaysiakini reported that former Sabah PKR state chief and current Tuaran division chief Ansari Abdullah had said that there was “no evidence whatsoever that a memorandum signed by 18 Sabah divisional chiefs against state chief Azmin Ali was ever sent to Kuala Lumpur”.

That same report has it that when Jeffery Kitingan was asked about this denial by Ansari, Jeffery responded with “If he denies, then someone is lying”.

Malaysiakini today reports that Ansari has now conceded that 18 division heads had indeed signed the memo dated 20th September which was critical of Sabah state chief Azmin Ali, and which was sentPKR president Wan Azizah Wan Ismail.

By Haris Ibrahim

PKR Sabah's Ansari who was earlier ousted as state chief

Posted by Haris Ibrahim

Jibby Razak 1 vs. 1,155 MCA delegates 0

by Haris Ibrahim,

This Malaysiakini report today, at 12.14pm, has it that Ong Tee Keat and Dr Chua Soi Lek had reached a truce mooted by Najib at a meeting yesterday between the three of them, to end the current MCA impasse.

A second Malaysiakini report today, at 3.09pm, confirms that, at a press conference this afternoon, it was announced that both Ong and Chua have agreed to work together and have ‘buried the hatchet’.

The peace formula : Ong remains party president. It appears that newly appointed deputy president Liow gets to keep his new office. That means Chua holds no office in the party. The EGM that has been requisitioned by the president might not go on.

Interestingly, the second Malaysiakini report has Ong denying that the peace formula had come about due to pressure from Najib.

Yet, Malaysianinsider reports today that “…Najib met Ong and Dr Chua yesterday to thrash out a solution for the deadlock in MCA. ..The result was an agreement between the two men to bury their differences. Yesterday the two men were asked to meet the PM. Najib, who is also Barisan Nasional (BN) chairman, was unhappy that the coalition’s second biggest party was in disarray. He told the two men that BN needed a strong and stable MCA if it was to take advantage of any weakness in Pakatan Rakyat (PR) to regain non-Malay votes lost in the 2008 Election. Another EGM and fresh elections will just make it worse, the PM told the two men…”.

Frankly, I don’t believe Ong’s denial.

At the recently concluded MCA EGM on 10th October, Ong was defeated on the motion of no confidence. A slim majority of delegates numbering 1,155 voted for the motion as against 1,141 who opposed the same.

The majorty of the delegates had said they wanted Ong out.

Ong’s staying on as president, though, it seems, because Jibby things it is the best for BN ( read this to mean in the interest of Jibby and UMNO ).

And what Jibby and UMNO want, MCA will surely serve.

It would seem that Ketuanan Melayu still rules in MCA.

Zaid’s Common Policy Framework vs Zul Nordin’s ISA

If you don’t know it already, Zul’s ISA stands for his Islamic State Agenda.

Whilst Zaid busies himself trying to put in place a common policy framework for the three Pakatan Rakyat parties to forge a viable, long-term working relationship with a view to finally registering a coalition, Zul seems equally busy doing everything he can to throw a spanner in Zaid’s efforts.

If I have correctly understood yesterday’s Malaysianinsider report, Zul has submitted 24 Private Members Bills into Parliament, one of which relates to Zul’s obsessive vendetta against Sisters In Islam whilst many, if not all, of the other bills call for amendments to the Federal Constitution with a view to bringing this nation closer to the status of an Islamic one ala Zul aka Taliban Nordin.

If I have read that report correctly, one must ask how this MP found the time to churn out all these bills, particularly when one remembers that he’s been away for the UN General Assembly, having been hand-picked by the BN government to represent Malaysia.

It would appear that there is a team of busy lawyers behind Zul and those 24 Private Members Bills.

Now, anyone who has a basic understanding of the workings in Parliament will tell you that a Private Members Bill that is not sponsored by someone from the side of the government of the day does not have a hope in hell of seeing the light of day.

Seen in that light, two possibilities come to mind.

One, Zul knows that the bills will go nowhere in Parliament but their submission into Parliament and subsequent publicity of that fact through the media enables Zul to profile himself as a ‘Jaguh Islam’.

Two, Zul is working with those in government on some agenda. This might be confirmed if any of the bills do in fact proceed to the tabling and reading stages in Parliament.

Assuming the second hypothesis to be spot on, one needs ask what agenda Zul and his BN cohorts might be working on?

Speculate again.

Following the news of Zul’s bills, some within the media corp now make a beeline to the DAP and PAS leaders to get their respective reactions to the same.

DAP’s reaction : possibly an outright condemnation of Zul’s efforts to undermine the secular status of our constitution and urge the PKR leadership to take disciplinary action against this renegade MP.

As for PAS, the media might first seek Hasan Ali’s response which might be resounding support for Zul’s bills. Other PAS leaders might suggest that in principle, they have no objections but that the proposed amendments are premature in that the general public are not yet ready for the same. In any event, they take exception to DAP’s call for disciplinary action against Zul, taking the view that Zul’’s actions are not inconsistent with Islam.

Short term result : another public spat between DAP and PAS.

Long term result : Zaid’s CPF down the toilet bowl.

I spoke to a reliable source in PKR today. I wanted to know what had become of the show cause proceedings against Zul that was initiated last year following Zul’s involvement in the riotous disruption of the forum at the Bar Council auditorium.

I was shocked by what I was told.

The PKR Disciplinary Committee, headed by Deputy President Syed Husin Ali, it seems, had recommended that Zul be suspended from the party.

Anwar, my source tells me, had decided not to give effect to that recommendation but to ‘deal with Zul’.

You cannot be faulted if you now ask who’s in the driving seat in PKR!

Parliament should repay Karpal and Fong Po Kuan for illegally withholding their parliamentary remuneration when they were previously suspended from Pa

by Lim Kit Siang,

Kuala Lumpur High Court judge, Justice Mohd Ariff Mohd Yusoff today ruled that it has no jurisdiction to challenge the 12-month suspension of DAP MP for Puchong, Gobind Singh Deo from Parliament, but ordered Parliament to pay Gobind his parliamentary remuneration as it does not have powers to withhold it.

Gobind was suspended for 12 months from Parliament without remuneration in March this year when he linked the then Deputy Prime Minister, Datuk Seri Najib Razak with the murder of Mongolian Altantuya Shaariibuu.

Parliament should repay DAP MP for Bukit Gelugor Karpal Singh and DAP MP for Batu Gajah Fong Po Kuan for illegally withholding their parliamentary remuneration when they were previously suspended from Parliament respectively in 2004 and 2001.

First week of budget meeting of Parliament does not show that Najib has the political will to effect the far-reaching changes he promised in his “1Mal

By Lim Kit Siang

Apart from the announcement that Sept. 16 will be a public holiday from next year, the first week of the budget meeting of Parliament does not show that the Prime Minister Datuk Seri Najib Razak has the political will to effect the far-reaching changes he promised in his “1Malaysia. People First. Performance Now” slogan.

This week has turned into a week of horrors, not least, the annual horror tales of the bottomless pit of government extravagance, waste, abuse of power and corruption in the 2008 Auditor-General’s Reports, which caused nation-wide shock and outrage for a few days, which will then be forgotten until a year later when another new round of revelations of government financial excesses and abuses are exposed.

The Malaysian Anti-Corruption Commission (MACC) has come out with a very guarded response stating that it is studying the Auditor-General’s Report 2008 to see if there are elements of corruption, misconduct and abuse of power in the management of public funds.

This is a far cry from the quite “gung-ho” response of the Anti-Corruption Agency (ACA) two years ago to the tabling of the Auditor-General’s 2006 Report, with the ACA Director-General Datuk Ahmad Said Hamdan proclaiming that the ACA had begun investigations into some of the alleged wrongdoings in the AG’s report long before it was tabled in Parliament – as the agency had received copies of the Auditor-General’s Reports “some time ago”.

Why is the MACC, which has taken over ACA to become more effective and successful in the war against corruption, proving to be the opposite – when it should be now full steam to investigate into the financial improprieties and irregularities as exposed by the Auditor-General’s 2008 Reports as it would have received them much earlier as is the practice?

Is this because the MACC has nothing much to show for its investigations into the shocking exposes of financial improprieties, irregularities and malpractices of past Auditor-General reports and has learnt the lesson not to raise false hopes?

Other events in the past week, both inside and outside Parliament, which do not contribute to public confidence that Najib has the political will to effect far-reaching reforms despite his “1Malaysia. People First. Performance Now” slogan are:

• The RM12.5 billion Port Klang Free Zone (PKFZ) scandal – no political will to give full accountability and transparency when my question of the PKFZ scandal on the first day of Parliament on Oct. 19 was taken off for six weeks till Dec. 3, which has never happened before in 52 years of Parliament;

• Renewal of Tan Sri Musa Hassan as IGP – the ridiculous parliamentary answer by the Deputy Home Minister, Abu Seman Yusup that Musa’s term was extended for a year because of his “excellent performance”.

• Closure of V.K. Lingam case, as revealed by Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz that no legal action would be taken despite the recommendation of the Royal Commission of Inquiry into Lingam Tapes that action be taken.

• Teoh Beng Hock’s mysterious death at MACC Hqrs in Shah Alam on July 16, 2009, and the expert testimony by Thai forensic pathologist Dr. Pornthip Rojanasunand of 80 percent probability of homicide and only 20 per cent suicide.

These events all point to one direction – that the Najib premiership has no political will to effect far-reaching reforms to restore national and international confidence in the key national institutions in the country, in particular the judiciary, the Attorney-General’s Chambers, the Police and the MACC and to declare an all-out war against corruption.

MIC Sees Red Over Temple Demolition In Shah Alam

KUALA LUMPUR, Oct 22 (Bernama) -- MIC president Datuk Seri S.Samy Vellu has denounced the opposition-led Selangor state government for allowing the demolition of a Hindu temple in Shah Alam today, describing it as 'an act of treachery'.

"The Selangor (state) government has committed treachery to the Hindu community by not stopping the demolition of the temple," he said when commenting on the demolition of the Mathurai Veeran Temple in Persiaran Kerjaya, Jalan Glenmarie, Seksyen U1, Shah Alam.

Samy Vellu said this was not the first incident as there was another demolition involving another Hindu temple in Selangor during the Pakatan Rakyat's rule in the state.

He was apparently referring to the demolition of the Sri Maha Kaliamman temple in Kampung Tasik, Jalan Baru in Ampang, Selangor on Sept 9 last year.

The MIC chief said despite an appeal by the Mathurai Veeran temple committee last March to the February 2009 notice sent by the Shah Alam Municipal Council (MPSA), the temple was still demolished without an alternative land offered.

"There were also no discussions with the temple committee and no recent notices given by the MPSA. They just went and demolished it.

"I salute the MPSA for taking direct orders from the Selangor government without consulting the temple committee," he quipped.

Samy Vellu also wanted the Selangor government, especially its state executive councilor Dr Xavier Jayakumar to explain the demolition, failing which the MIC would seek legal redress.

"He (Xavier) does not seem to worry about what is happening. Perhaps this (the demolition) is being carried out because the Indians are not united under the Pakatan Rakyat state government," he said.

Samy Vellu said the Selangor state government appeared to have 'a taste' for demolishing Hindu temples without first discussing with the temple committees and allocating alternative sites.

He said that if any temple were to make way for development or sitting on government or private land, the authorities should first identify a suitable alternative land for them.

-- BERNAMA

MIC Asks For 500 Places For Courses During Holidays For Tamil Teachers

PUTRAJAYA, Oct 22 (Bernama) -- Human Resources Minister Datuk Dr. S. Subramaniam has requested the Ministry of Education for at least 500 places for non-trained temporary teachers (GSTT) in Tamil schools to do school holiday courses (KDC) for this year.

Dr. Subramaniam, who is also MIC vice-president, said there were now more than 1,000 GSTT teachers in Tamil schools and most of them did not have degrees.

Through KDC, these temporary teachers could be absorbed into the teaching service permanently," he said.

"I hope the Ministry of Education will consider the request as these teachers have wide experience and are committed to their profession," Dr. Subramaniam said in a statement here on Thursday.

He said although many of these teachers did not have degrees they were interested in continuing their career as trained teachers.

According to him, a meeting of the Cabinet Committee on Indian Affairs chaired by Prime Minister Datuk Seri Najib Tun Razak on Sept 28, had agreed in principle that 300 places be set aside for GSTT teachers from Tamil schools to do KDC courses this year.

However, Dr. Subramaniam said that given that there were about 1,000 such teachers in Tamil schools all over the country, he hoped the Education Ministry could take in at least 500 GSTT teachers in the KDC courses this year.

It is understood that the Education Ministry only offered 100 places for GSTT teachers with degrees to take the KDC courses this year.

Ong and Chua team up (Updated at 8:15pm)

KUALA LUMPUR, 22 Oct 2009: MCA President Datuk Seri Ong Tee Keat and former deputy president Datuk Seri Dr Chua Soi Lek today agreed to work as a team and resolve the crisis in the party under a "greater unity plan".

Ong said Chua agreed to work with him, without pre-conditions, to strengthen and unite the party, and had requested secretary-general Datuk Wong Foon Meng to review the call for a second extraordinary general meeting (EGM).

"The greater unity plan has received the blessing and support of Prime Minister and Barisan Nasional (BN) chair[person] Datuk Seri Najib Razak, who has been briefed on the latest development," Ong told a news conference attended by Chua at the party's headquarters here today.

Also present were deputy president Datuk Seri Liow Tiong Lai, vice-presidents Datuk Seri Dr Ng Yen Yen and Datuk Seri Kong Cho Ha, and Wong.

Ong Ong declined to elaborate when asked on the "greater unity plan", only saying that the plan "not only outlines the details, like the five-year Malaysia plan, but also provides the platform for all to work together as a team."

Ong said unity was of utmost importance as there were still a lot of unfinished things that needed implementation for the benefit of the people and grassroots members.

"This is one of the unfinished jobs that I mentioned earlier. This is the beginning of the process. We all know that we need to put in our full commitment to make it work," he said.

Ong said he had also accepted the suggestion by Liow to work closely for the greater good of the party.

Asked on Chua's role, Ong said both of them would cooperate for the benefit of the party, and that he was optimistic that the commitment would strengthen the MCA.

"This is after taking into consideration the 47% support obtained by Chua in the last EGM and the nearly 50% support I had in the EGM.

"I want to stress here that we gathered here today for the sole purpose of implementing the greater unity plan for the sake of party unity," he said.

Chua Asked whether he and Chua met the prime minister yesterday, Ong said: "I met the prime minister every now and then. Not only last night; in fact, in the past few days."

Asked whether he would make good on his promise to step down as MCA president based on the EGM results, Ong said, "I have been cautioned by members of the public to remain in between the public's trust in me and the personal pledge that I made earlier.

"In the name of public trust, it's only fair that I, in my capacity as MCA president, endeavour to live up to the expectation of the people and members. We take full attention [of] the EGM results."

Chua, when asked whether there would be any more exchange of words between him and Ong after today's meeting, said, "For me, it's simple. If people don't undermine me, I won't retaliate."

Chua admitted that both he and Ong met on several occasions after the 10 Oct EGM, and that the latest meeting was three days ago.

Chua also thanked the prime minister for his encouragement and understanding, and added that Najib, in a closed-door meeting with both of them yesterday, had advised them to unite.

He said that Najib had told them that "for the sake of the party and the BN, we should unite, stabilise the party and move the party as a team."

When asked on his status, Chua said: "In my case, my membership was suspended, and then annulled through the EGM. Many senior lawyers felt that I should be the deputy (president), but I won't enter into a legal argument; so I thought the best authority would be the Registrar of Societies (ROS)".

Chua said he has filed a letter to the ROS to look into the matter.

On Liow's appointment as the deputy president, Chua said, "It's not a question of whether I [accept] it or not; in politics when you are appointed or reappointed, the most important is whether the central delegates [accept] it or not. I will just be very open minded with what the ROS has to decide." — Bernama

Another public space lost? - Anil Netto

Something is happening in front of the Dewan Sri Pinang on the quiet. Why is it that we seem to be losing many of our public spaces?

Palm trees are chopped down and fencing sprouts up instead: Another open space lost? – Photos by Anil

It so happens that this is the same area where the Abolish ISA candlelight vigils were held in September and October 2008. Perhaps the local government can tell us what is going on here.

Check out the photo below taken just over a year ago and compare and contrast.

An Abolish ISA vigil in solidarity with detainees held on 14 September 2008 at the same spot

6 months' jail, RM3,000 fine for 'cop biting' MP

Press Release: Royal Commission must have wide scope and powers

Contributed by Ragunath Kesavan

The recent testimony of Thai pathologist Dr Pornthip Rojanasunand in the inquest into Teoh Beng Hock’s death once again raises serious issues that must be addressed. The Malaysian Bar reiterates its call for the establishment of a Royal Commission of Enquiry (RCE) with a wide ambit to investigate the circumstances and cause of Teoh’s death and to conduct a concomitant review of the MACC’s interrogation and investigation techniques. These two aspects are intrinsically interlinked and cannot be analysed in isolation from one another. It is evident now, more than ever, that the scope of the RCE’s investigation must not be limited to reviewing the MACC’s interrogation methods alone, as was proposed by the Government. While this must be a crucial element of the RCE’s terms of reference, it falls far short of what is imperative. The complexities of the case require nothing less than a holistic and inclusive examination of all the relevant facts by the RCE. Under the Penal Code, an inquest is restricted in its scope and findings, and would be far less effective than an RCE would be. Teoh’s death is a matter of immense public interest that warrants the highest level of priority. It is indefensible that a witness in a routine investigation should have been deprived of sleep and interrogated for more than eight hours. Even more inexcusable and unacceptable is that Teoh was denied access to legal counsel during questioning. We demand that the Government establish an RCE that is empowered to investigate the circumstances of Teoh’s death and to review MACC’s interrogation protocols and investigation techniques. Ragunath Kesavan President Malaysian Bar

Ong, Chua bury hatchet for party's sake

Magistrate: “The ‘bitten’ cop admitted he punched Tian; thus the cop’s testimony must be true”

by Nathaniel Tan

You can kill people and throw them off buildings in this country, but God forbid you should “bite” a cop.

Let’s start by some truly, truly incredulous statements from the judgment:

Batu MP and PKR strategic director Tian Chua was today fined RM3,000 and jailed six months after being found guilty of biting a police constable and preventing the latter from discharging his duty.

Earlier, magistrate Mohd Faizi Che Abu found Chua not to be a credible witness as his defence was a mere denial.

“Even a video recording submitted by the defence showed he had resisted arrest.

“Although the video recording did not show the biting, I believe it did as the policeman had testified that he had punched the accused and Chua had retaliated by biting,” said the magistrate.

Mohd Faizi however said the policeman was not on trial but the accused was.

“I find the policeman’s credibility intact as he did admit when testifying at the prosecution stage that he punched Tian Chua,” said the magistrate.

He said that the sentence meted out to Chua should send a message to the public to respect the court and the law of the land.

O_O ?!?!

I cannot help but feel that swearing is the appropriate response.

So let me get this straight, the magistrate - our representative of Malaysia’s mighty paragon of integrity, the justice system - has decided to uphold the testimony and integrity of this one policeman, BECAUSE HE ADMITTED HE PUNCHED AN ARRESTEE.

And he’s talking about a sending a -ing message?!

I think the message clearly is: it’s ok to abuse prisoners sayang, it will just make any testimonies you give more credible.

But nevermind. We’re concerned with the truth, no? Let’s look at the videos once again.

Here’s the short version, wherein the punching can clearly be seen:

And here’s the long version, action around 6.30 onwards:

So the cop in question is the guy in blue. He shamelessly punches Tian in the head, wherein Tian says “Eh, you jangan pukul saya, jangan pukul.”

Nowhere is there a “Jangan gigit!” or any cry of pain, or ANY indication of a biting.

So what is this 2 bit magistrate basing his judgment on? The testimony of a proven thug.

Hukum rimba!!

Man And Son Plead Not Guilty To 69 Counts Of Money-Laundering

KLANG, Oct 22 (Bernama) -- Two directors of Buluhmas Enterprise Sdn Bhd were charged in two Sessions Court here on Thursday with 69 counts of money laundering, involving RM22 million.

Ame Hamzah Mat Atar, 51, and his son, Azmi Ame Hamzah, 26, claimed trial to all the charges, allegedly committed between March 3, 2008 and Jan 6 this year.

They are alleged to have used the money from ill-gotten gains to buy Bank Simpanan Nasional premium saving certificates, unit trusts, shoplots in Kedah and Terengganu, pay deposit for purchase of luxury vehicles and a bungalow in Terengganu.

Azmi, who is the sole proprietor of Buluhmas Enterprise, is also charged with two counts of illegal deposit taking.

The offence is alleged to have been committed at Taman Raden Jaya, Kuala Selangor, between Dec 14, 2006 and Oct 13, 2008.

The charges were read before judge Yong Zarida Sazali, who then allowed Azmi bail of RM200,000 in two sureties for all the charges.

Azmi was also ordered to surrender his passport and to report to the Tanjung Karang police station on the first of every month.

Meanwhile, in another court, judge Datuk Anita Harun allowed Ame Hamzah bail of RM350,000 in one surety after he pleaded not guilty to money laundering and to report to the Tanjung Karang police station on the first of every month pending disposal of the case.

Najib Takes Final Look At Preparation For Budget 2010

PUTRAJAYA, Oct 22 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak takes a final look at the operation for Friday's tabling of the Budget 2010.

He spent about 30 minutes at the Finance Ministry looking at the preparation, during which he also took the opportunity to browse through a book on the 1971 Budget which was tabled by his father, the country's second Prime Minister Tun Abdul Razak Hussein.

Najib was accompanied by Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah, Deputy Finance Minister Datuk Chor Chee Heung, Secretary General to the Treasury Tan Sri Dr Wan Ahmad Aziz Wan Abdullah and Chief Secretray to the Government Tan Sri Sidek Hassan.

This will be Najib's first budget since taking over the country's leadership in April this year.

He is scheduled to table the Budget 2010 in Parliament at 4pm.

Ong, Chua Agree To Work As A Team

KUALA LUMPUR, Oct 22 (Bernama) -- MCA President Datuk Seri Ong Tee Keat and former deputy president Datuk Seri Dr Chua Soi Lek on Thursday agreed to work as a team and resolve the crisis in the party under a "greater unity plan".

Ong said Dr Chua agreed to work with him, without pre-conditions, to strengthen and unite the party, and had requested secretary-general Datuk Wong Foon Meng to review the call for a second extraordinary general meeting (EGM).

"The greater unity plan has received the blessing and support of Prime Minister and Barisan Nasional (BN) chairman Datuk Seri Najib Tun Razak, who has been briefed on the latest development," Ong told a news conference attended by Dr Chua at the party's headquarters here.

Also present were deputy president Datuk Seri Liow Tiong Lai, vice-presidents Datuk Seri Dr Ng Yen Yen and Datuk Seri Kong Cho Ha, and Wong.

Ong declined to elaborate when asked on the "greater unity plan", only saying that the plan "not only outlines the details, like the five-year Malaysia plan, but also provides the platform for all to work together as a team."

Ong said unity was of utmost importance as there were still a lot of unfinished things which needed implementation for the benefit of the people and grassroots members.

"This is one of the unfinished jobs that I mentioned earlier. This is the beginning of the process. We all know that we need to put in our full commitment to make it work," he said.

Ong said he had also accepted the suggestion by Liow to work closely for the greater good of the party.

Asked on Dr Chua's role, Ong said both of them would cooperate for the benefit of the party, and that he was optimistic that the commitment would strengthen MCA.

"This is after taking into consideration the 47 per cent support obtained by Dr Chua in the last EGM and the nearly 50 per cent support I had in the EGM.

"I want to stress here that we gathered here today for the sole purpose of implementing the greater unity plan for the sake of party unity," he said.

Asked whether he and Dr Chua met the prime minister yesterday, Ong said: "I met the prime minister every now and then. Not only last night, in fact in the past few days."

Asked whether he would make good on his promise to step down as MCA president based on the EGM results, Ong said: "I have been cautioned by members of the public to remain in between the public's trust in me and the personal pledge that I made earlier.

"In the name of public trust, it's only fair that I, in my capacity as MCA president, endeavour to live up to the expectation of the people and members and we take full attention on the EGM results."

Dr Chua, when asked whether there would be any more exchange of words between him and Ong after today's meeting, said, "For me, it's simple. If people don't undermine me, I won't retaliate."

Dr Chua admitted that both he and Ong met on several occasions after the Oct 10 EGM and the latest was three days ago.

Dr Chua also thanked the prime minister for his encouragement and understanding, and added that Najib, in a closed door meeting with both of them yesterday, had advised them to unite.

He said that Najib had also told them that "for the sake of the party and BN, we should unite, stabilise the party and move the party as a team."

When asked on his status, Dr Chua said: "In my case, my membership was suspended and then (the suspension was) annulled through the EGM. Many senior lawyers felt that I should be the deputy (president) but I won't enter into a legal argument so I thought the best authority would be the Registrar of Society (ROS)".

Dr Chua has filed a letter to ROS to look into the matter.

On Liow's appointment as the deputy president, Dr Chua said, "It's not a question of whether I accepted it or not; in politics when you are appointed or reappointed, the most important is whether the central delegates accepted it or not, and I will just be very open minded with what the ROS has to decide."

Meanwhile, Dr Ng described the latest development in the party as something that party members had been hoping for.

"When the president announced that he and Dr Chua want to make peace, it was received well and I, as the vice-president, feel that this is a good thing because both of them have their own supporters.

"If they can share their strength and support, the party will become stronger and this is indeed the best formula," she said when met at parliament lobby.

Ng, who is Tourism Minister, said she was confident that the MCA was recovering and asked that party members give both leaders a chance.

Soi Lek: Thank you Prime Minister

Where are the accounts for the money you collected- you DAP Mandores?

The DAP Chief Penang mandore, Ramasamy collected millions from the Malaysian public for the Tamil cause in Sri Lanka.The fund’s accounts were never revealed and no one knows what happened to the money.Ramasamy and Rayer owe a public explanation on the Sri Lanka Tamil fund. Being in public office demands transparency and we do not see any of that yet.

Thanasekharan used his service centre logo to organise a fund-raising dinner immediately after being elected in March 2008.Firstly the dinner was unlawful because using one’s assembly service centre as the organiser was against the government legal mechanism.Government shall not indulge in public donation.

Secondly, Thanasekharan has not revealed until today the accounts of the dinner proceeds.

If you do not reveal the accounts we have to take it that you have something big to hide.

Do not wait till it blows upto be a big thing .

Regards

Namasivayam

Pakistan says rebel blamed in Iran attack is in Afghanistan

ISLAMABAD, Pakistan (CNN) -- Pakistan denied Wednesday that it is harboring a Sunni rebel leader accused of orchestrating a suicide attack in neighboring Iran.

Images from Iranian TV show debris and carnage from Sunday's suicide bombing.

Tehran has vowed "a crushing response" to the Sunni rebel group Jundallah for Sunday's suicide bombing in Sistan-Baluchestan province that killed 42 people. Iran has accused the United States and Pakistan of having links to Jundallah.

Iran has demanded Pakistan hand over Jundallah leader Abdul Malik Rigi, whom Tehran blames for plotting the attack. But Pakistani Interior Minister Rehman Malik said Wednesday that Rigi is in neighboring Afghanistan.

Iran's government-funded Press TV said Jundallah has claimed responsibility for the attack, which killed several key leaders of the elite Revolutionary Guard Corps.

Major Gen. Mohammad Ali Jafari, the Corps commander, said Monday that investigators have found documents connecting Rigi to security forces of the United States and Pakistan. Rigi's actions have "without a doubt been supported by these organizations," he said.

A U.S. State Department spokesman has called the accusations "completely false."

Iran summoned Pakistan's ambassador to its foreign ministry. There, he was told to urge his government to arrest the people behind the attack.

"We have heard that some of the government agents in Pakistan actually collaborate with the supporters of this savage act of terrorism, and we see it as very much within our rights to demand that they turn those criminals over to our nation," Iranian President Mahmoud Ahmadinejad said, according to the state-run Islamic Republic News Agency.

Pakistani President Asif Ali Zardari called on his Iranian counterpart, Ahmadinejad, on Monday to offer condolences and reaffirm his country's commitment to fighting extremism in the region, said a source inside the president's office.

Pakistan's foreign minister, Shah Mehmood Qureshi, said some Jundallah supporters already have been turned over to Iran.

"We have a good relationship with Iran and are committed in the fight against extremists. Why would we do anything that would damage and jeopardize our relationship?" he asked.

Iran observed a three-day mourning period to remember the people killed in the attack. A man carrying explosives blew himself up Sunday as participants headed to a conference between Shia and Sunni groups.

In the past, the predominantly Shiite central government in Tehran has accused Jundallah of fomenting unrest in the province. Iran has alleged that the United States and Saudi Arabia are funding the group. Jundallah says it is fighting for the rights of Sunni Muslims in the country.

World failing to dent heroin trade, U.N. warns

(CNN) -- Afghan opium kills 100,000 people every year worldwide -- more than any other drug -- and the opiate heroin kills five times as many people in NATO countries each year than the eight-year total of NATO troops killed in Afghan combat, the United Nations said Wednesday.

An Afghan police officer digs up a field of opium poppies in April.

About 15 million people around the world use heroin, opium or morphine, fueling a $65 billion market for the drug and also fueling terrorism and insurgencies: The Taliban raised $450 million to $600 million over the past four years by "taxing" opium farmers and traffickers, Antonio Maria Costa, head of the U.N. Office on Drugs and Crime, said in a report.

Not all the money is going into the pockets of rebels or drug dealers; some Afghan officials are making money off the trade as well, he said.

"The Afghan drug economy generates several hundred million dollars per year into evil hands: some with black turbans, some with white collars," Costa said.

The latter reference is "to officials in the Afghan administration, federal government of Kabul or the provinces or the army or the police," Costa told CNN's Christiane Amanpour.

And the problem is spreading, he added.

Drug money is funding insurgencies in Central Asia, which has huge energy reserves, Costa said.

"The Silk Route, turned into a heroin route, is carving out a path of death and violence through one of the world's most strategic yet volatile regions," he said.

Authorities are seizing too little heroin, intercepting only about 20 percent of opiate traffic around the world, according to the U.N. report, "Addiction, Crime and Insurgency: the Transnational Threat of Afghan Opium."

It comes on the heels of a U.N. warning last month that two years' worth of opium is effectively "missing," probably stockpiled by the Taliban and criminal gangs.

More than 12,000 tons of opium, which can be consumed as a narcotic itself or turned into heroin, is unaccounted for, the United Nations estimated in September.

It is not clear who has it or why, but the United Nations speculates that criminals could be holding it as a hedge against falling prices or that insurgents or terrorists could be stockpiling it to fund attacks.

The latest report claims to be the first systematic attempt to track where Afghan opium ends up.

Europe and Russia together consume just under half of the heroin coming out of Afghanistan, the United Nations concluded, and Iran is by far the single largest consumer of Afghan opium.

Afghanistan is also probably supplying an increasing share of the heroin in China -- perhaps as much as a quarter, the report said.

Afghanistan is by far the world's largest producer of opium, although Laos, Myanmar and Latin America produce small quantities, it said.

The United Nations found that Afghanistan may be supplying more heroin to the United States and Canada than had been suspected.

The two North American countries consume more than twice as much heroin as Latin America produces. That means either that more Afghan heroin is making its way to North America than had been known or that Mexico and Columbia are producing more than was realized, the United Nations said.

The report confirmed an estimate that $400 million in drug profits goes to the Taliban, Costa said.

The Taliban "are deeply involved" in processing, in protecting farmers and in exporting, he said.

The solution "is very clear," he said. "We need a much greater effort and commitment by governments to prevent drug addiction, to take care of drug addicts ... to reduce demand."

But the popular will for change needs to increase, he said, noting that the Security Council in 2006 and 2007 passed resolutions inviting member states to give the names of drug traffickers to authorities so that their ability to travel can be curtailed and their assets seized.

"So far, much to my dismay, not a single name was provided to the Security Council," he said.

The report offered little new in the way of possible solutions, said Ethan Nadelmann, founding executive director of the Drug Policy Alliance, which promotes alternatives to the war on drugs.

"It's very good at describing a problem," he said. "But it truly is devoid of any kind of pragmatic solution, and it essentially suggests that the answer is to keep doing more of what's failed us in the past."

So long as there is a global demand for opium, there will be a supply, he said.

"If Afghanistan were suddenly wiped out as a producer of opium -- by bad weather or a blight or eradication efforts -- other parts of the world would simply emerge as new producers, "creating all sorts of new problems," he said.

And Afghanistan itself would not be helped either, he said.

"You would see in Afghanistan millions of people probably flocking to the cities unable to make a living and probably turning more to the Taliban than they are now," he said.

He listed three possible options. The first, global legalization and control, "is not happening, not any time soon," he said.

The second option is to increase drug treatment for addicts who want it and to provide legal access to the drug, as Switzerland, Germany, the Netherlands, England, Spain and Canada have done, he said.

"In all of these places, there are small, growing programs of heroin maintenance that allow addicts to obtain pharmaceutical-grade heroin from legal sources rather than from the black market," he said.

But Nadelmann added that more people died of opiate overdose last year involving pharmaceutical opiates than died from illegal heroin.

A third possibility, he said, would be to view Afghanistan as essentially a red-light zone of global opium production and to think about the solution as a vice-control challenge, "which means acknowledge that Afghanistan is going to continue to be the world's supplier of illegal opium for the foreseeable future and then focus on manipulating and regulating the market participants, even though it is still illegal."

He added, "That, I think, is in some respects the de facto strategy, even though it cannot be stated openly, for political reasons.

UK unhappy over Malaysians

(The Sun Daily) - The British government is unimpressed with steps taken by Malaysia to address the large number of Malaysians who overstay in Britain, and may eventually impose entry visas.

Last year, Britain announced it will impose visa requirements on Malaysia and 10 other countries deemed as high risk in terms of their nationals who work or stay in Britain illegally.

The other countries are Bolivia, Bostwana, Brazil, Lesotho, Mauritius, Namibia, South Africa, Swaziland, Trinidad & Tobago, and Venezuela.

However, a visit by then foreign minister Datuk Seri Utama Dr Rais Yatim won Malaysia a reprieve.

But as far as the British government is concerned, Malaysia is on probation until 2011, and by the look of things, it could lose the current six-month visa-free facility extended to social visitors, no thanks to the 20,000 Malaysians who stay in Britain illegally.

The British view the overwhelming number of Malaysian overstayers as a lack of enforcement at the point of departure in Kuala Lumpur by Malaysian immigration authorities.

Malaysia’s Deputy High Commissioner to Britain, Datuk Rustam Yahaya, said the UK wants Malaysia to show it is serious in ensuring only bona fide visitors go to London.

"The UK reserves the right to review the visa waiver periodically and from the feedback I have been receiving, they are not impressed," he said when met in London recently.

"With so many Malaysians overstaying, the prognosis is not good."

Rustam said that of the 20,000 Malaysians who have been declared illegal by overstaying or entering the country on false declarations, 98% are from the Chinese community and the rest are Indians and other ethnic groups and a small number of Malays.

There are 50,000 Malaysians in the UK.

He said that by 2011, the UK will review Malaysia’s status and impose the requirements, which would involve applying for a six-month visa and paying £200 (RM1,114) an application and even providing fingerprints.

The criteria for Malaysia passing the Visa Waiver Test include how far the Malaysian authorities cooperate in ensuring illegals or people with suspect intentions do not leave for the UK.

Officials from the UK Border Agency were tightlipped but said it would make things easier if immigration officers at KLIA or the LCCT are more vigilant against passengers flying to London, as despite getting the reprieve, an average of two Malaysians are deported every week.

This would also mean that passengers travelling to the UK from Kuala Lumpur may not be able to use the Autogate express passport checks facility.

"If you are going to stay in London for a month but have only £100 on you, something is fishy," said an official.

A statement issued through the British High Commission in Kuala Lumpur on Monday adds: "The UK keeps under continual review the list of those countries who enjoy a waiver of the requirement for a visitor visa.

"Following the formal ministerial review (Visa Waiver Test) which concluded in early 2009, we are working closely with the Malaysian government on migration matters and will monitor the effectiveness of their actions."

Westminster City Chinese community liaison officer David Tan said it also does not help bona fide Malaysian visitors that many of their countrymen in the UK are also involved in credit card fraud, trafficking in women, and vice.

He said many overstayers work in restaurants in Leicester Square’s Chinatown.

"If you walk into a kitchen in Chinatown and cannot find a Malaysian who had overstayed, I will be very surprised," said Tan, a Malaysian.

A Wisma Putra statement said Malaysia will continue to assure the UK Government on the high level of security at all international airports to prevent Malaysia from becoming a transit point for illegal migrants into the UK.

It said Malaysia will conduct publicity campaigns to bring awareness so as not to breach UK immigration rules.

Come out and face the defamation suits, Raja Petra urged

(The Star) - PETALING JAYA: Raja Petra Kamaruddin has been urged to come out of hiding to face three defamation suits against him.

Making the call, MIC disciplinary board chairman Tan Sri K. S. Nijhar said Raja Petra needed to be present in court to answer all the charges against him.

“He is not being fair to those he had attacked as they need an opportunity to defend themselves,” said Nijhar.

Raja Petra is currently facing three counts of defamation suits.

He is alleged to have defamed Datin Seri Rosmah Mansor and two army officers Lt-Kol Norhayati Hassan and her husband Lt-Kol Abdul Aziz Buyong in June last year.

“Having made many allegations, the truth should come out and be subjected to cross examination in court,” said Nijhar.

When pointed out that Raja Petra had claimed that he was concern about his safety should he come out of hiding, Nijhar said he could work with the courts or other authorities to come to an understanding to ensure his safety.

“Even Chin Peng (former Communist Party of Malaya secretary-general) was able to attend talks with the Prime Minister (first Prime Minister Tunku Abdul Rahman Putra) and not worry about his safety,” Nijhar added.

Raja Petra has two arrest warrants issued against him after failing to appear before the court for his criminal defamation trial and police are still trying to locate him.

HINDRAF Press Statement

HINDRAF – Will Najib announce in the open special allocations for the marginalized and discriminated Malaysian Indians in his 2010 budget release.

The current Prime Minister in his statement recently admitted that Malaysian Indians have contributed immensely to the development of the country and are currently in the backwaters of the country. He also admitted that special attention needs to be given to the Malaysian Indians to bring them into the mainstream of the nation's development.

In the 2009 Budget, the then Prime Minister Datuk Ahmad Badawi initiated an action plan with the nation’s mission focusing first on ensuring the well being of Malaysians, development of quality Human Capital and strengthening of the nation’s resilience.

However Badawi’s plan was only a lip service to appease the nation without any real action to enhance the nation's resilience - with their continued suppression of the public aginst Article 5, 8, 10 & 13 of the Malaysian Federal Constitution - particularly against the Malaysian Indians.

The current Prime Minister of Malaysia, Dato Seri Mohd. Najib bin Tun Haji Abdul Razak has taken several approaches to appease the Malaysian Indians. Yet this all could be just more political charade to hoodwink the nation about the efforts to uplift the Malaysian Indians.

If the current Prime Minister is serious and is concerned about addressing the grievances of the Malaysian Indians, then he should come out in the open. He should announce bold and specific measures to uplift the Malaysian Indian from the systematic marginalization and discrimination they face and then ensure their implementation .

The failure by the Prime Minister to address this issue clearly will only lend further credence to the hypocritical and deceptive policies that has been the norm of the UMNO led government for the last 52 years.

Thank you.

P. Waythamoorthy

HINDRAF – CHAIRMAN

Pornthip willing to conduct post mortem on Teoh

(The Star) - SHAH ALAM: Thai forensic pathologist Dr Pornthip Rojanasunand is willing to conduct a post mortem on Teoh Beng Hock if his remains were to be exhumed.

She told coroner Azmil Muntapha Abas she would be able to come up with a more concise and detailed analysis if she could examine Teoh’s remains.

To a question by counsel holding a watching brief for Teoh’s family, Gobind Singh Deo, Dr Pornthip said she would still be able to conduct the post mortem in spite of the deceased having been buried almost four months ago.

Asked whether the exhumation of Teoh’s remains for the purpose of the second post mortem would put her at a disadvantage, she said no.

She admitted that there would be “limitations” due to decomposition if a second postmortem was delayed.

However, she reiterated that she could still do so at this stage.

Meanwhile, counsel for the government – Tan Hock Chuan – ruffled Dr Pornthip’s feathers yesterday when he suggested she did not have the locus standi to arrive at her opinion.

“Since you did not conduct the post mortem or inspect the body or go to the scene of the incident and you are not furnished with all the reports and photos, is it appropriate to form an opinion on mathematical terms that suicide is 20% and homicide 80%?” asked Tan.

Dr Pornthip replied that she only based her opinion on the evidence provided.

She said she did not take sides and that her work involved taking care of the rights of the people, especially the dead.

When Tan rephrased his question to suggest that the limitations she faced could not have helped her arrive at her conclusion that it was 80% homicide and 20% suicide, Dr Pornthip replied: “It is my field, my work and I believe in that. It is more scientific.”

Dr Pornthip also said she did not agree with some of Universiti Malaya Medical Centre’s Dr Prashant Samberkar’s opinions, in particular that Teoh’s death could have been a suicide.

However, she said, she did not want to criticise the opinion of the other forensic pathologists.

She added that she wanted the press to know that her opinion was based on her years of experience and not aimed at contradicting the police or other medical professionals.

The inquest was adjourned to Nov 9.

Ong, Dr Chua hammer out truce with nudge from Najib

KUALA LUMPUR, Oct 22 — An end may be in sight in the MCA crisis with the recent intervention of Prime Minister Datuk Seri Najib Razak.

The Malaysian Insider understands that Najib met Datuk Seri Ong Tee Keat and Datuk Seri Dr Chua Soi Lek yesterday to thrash out a solution for the deadlock in MCA.

The result was an agreement between the two men to bury their differences.

It is understood that the two rivals had been in communication since last week’s party central committee meeting where Ong refused to quit as MCA president.

Yesterday the two men were asked to meet the PM.

Najib, who is also Barisan Nasional (BN) chairman, was unhappy that the coalition’s second biggest party was in disarray.

He told the two men that BN needed a strong and stable MCA if it was to take advantage of any weakness in Pakatan Rakyat (PR) to regain non-Malay votes lost in Election 2008.

Another EGM and fresh elections will just make it worse, the PM told the two men.

Under the truce between the two men, Ong and Dr Chua agreed to find ways to stabilise the party, with the two of them at the helm, without bringing the party to the brink.

It was agreed that Dr Chua’s supporters would be appointed to key positions in the party’s state and national leadership to reflect the deputy president’s relative support.

However, the two men may find it hard to convince their respective supporters and the public that they can hold a truce.

They will also find a way to deal with the position of Datuk Seri Liow Tiong Lai.

He was appointed the MCA’s new No. 2 last week by a central committee that also asked for Ong’s resignation.

A number of other senior party leaders have also made strong remarks and hurled accusations at both Ong and Dr Chua.

Any public show of affection or unity would likely be farcical and draw even more scorn for the BN party, which only has by some estimates less than 30 per cent backing from Chinese voters.

The current MCA crisis had started soon after party elections last October.

Ong won the presidency convincingly but against the odds Dr Chua won the No. 2 job after he was forced to resign from his Cabinet position and party posts earlier in the year because of secretly filmed footage of him having sex with his mistress was leaked.

The party president had an uneasy relationship with Dr Chua and set out to isolate him. Dr Chua was not given any prominent appointments and was not even made state chairman in Johor.

Things came to a head when Ong decided to push for Dr Chua to be sacked from the party. His excuse was that the sex recording had tarnished the party.

The presidential council agreed to sack Dr Chua. Later, following a surge of public discontent, the central committee reduced it to a suspension of Dr Chua’s membership.

Supporters of Dr Chua then pushed for an EGM.

At the Oct 10 EGM, Ong lost a confidence vote while Dr Chua had his membership reinstated.

The results suggested there was a move by a third force to remove both men and benefit Liow.

Ong then went back on his word and refused to resign, pointing out that the party constitution requires at least a two-thirds majority of delegates at an EGM to force his resignation.

Dr Chua is using the same requirement in an application to the Registrar of Societies to be reinstated as deputy president.

Dr Chua has told the Registrar that since his membership had been restored, it was status quo and that meant he was still the deputy president.

If the Registrar agrees, that means Liow’s appointment will be voided.

And if Ong keeps his word there will be wholesale changes in the party to reflect Dr Chua’s support.

Lingam tapes: Case closed

(NST) - KUALA LUMPUR: Legal action will not be taken against prominent lawyer Datuk V.K. Lingam for lack of evidence and testimony in the findings of the Royal Commission of Inquiry into the Lingam tapes.

Prime Minister Datuk Seri Najib Razak told Parliament the findings of the probe were not substantial enough to initiate legal proceedings. In a written reply to Lim Guan Eng (DAP-Bagan) in the Dewan Rakyat yesterday, he said there were several factors tied to the issue that had thwarted efforts to move ahead with the case.

He said no evidence was found to prove abuse of power in judicial appointments as presented in the then Anti-Corruption Agency’s investigation report on the issue.

“Hence, the Attorney-General’s Chambers ruled that there would be no further action (in the matter. Najib said investigations commissioned under the Official Secrets Act 1972 could not identify any wrongdoing by anyone in the handling of documents related to appointments of High Court judges. Investigations into former chief justice Tun Mohd Eusoff Chin’s New Zealand holiday were also hampered as a key witness could not be found, he added.

On alleged false claims for a hotel stay by former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim, Najib said there was insufficient evidence to back up the allegation.

“The Malaysian Anti-Corruption Commission’s Legal and Prosecution division director decided not to pursue the investigation. The investigation papers were not referred to the attorney-general.”

Najib explained that no action could be taken against Lingam based on the findings of four separate investigations scrutinised by the commission. The investigations were carried out under:
section 15 of the Anti-Corruption Act 1997 (before it was abolished) on alleged abuse of power in judicial appointments;

the Official Secrets Act 1972 on wrongdoings in the handling of documents related to High Court judicial appointments;

paragraph 4(a) of the Anti-Corruption Act 1961 (before it was abolished) on Eusoff’s New Zealand vacation; and,

paragraph 11(c) of the Anti-Corruption Act 1997 (before it was abolished) on alleged false claims for a hotel stay by Ahmad Fairuz.

The inquiry, which began on Jan 14, was set up to look into a 14-minute video clip which the commission said showed Lingam in conversation with Ahmad

Fairuz over judicial appointments. The commission found, among other things, that:

• The video clip was authentic;
• Lingam was in conversation with Ahmad Fairuz over judicial appointments;
• There was direct influence by Lingam in the elevation of judges, in particular in the appointment of Ahmad Fairuz as president of the Court of Appeal, with the possible aim of his further appointment as chief justice; and;
• Lingam had asked tycoon Tan Sri Vincent Tan and Datuk Seri Tengku Adnan Tengku Mansor to involve themselves actively in the appointment of judges,
in particular the appointment of Ahmad Fairuz as the Chief Judge of Malaya and subsequently, president of the Court of Appeal.

The commission identified six people to be investigated under the Prevention of Corruption Act 1961, the Sedition Act 1961, the Legal Profession Act 1976, the Official Secrets Act 1972 and the Penal Code.

They are former prime minister Tun Dr Mahathir Mohamad, Lingam, Tan, Umno secretarygeneral Tengku Adnan, Eusoff Chin and Ahmad Fairuz.

Tian Chua found guilty of biting PC

KUALA LUMPUR, Oct 22 — Batu MP Tian Chua was today found guilty by the magistrate's court of biting a police constable and preventing the officer from discharging his duty in December 2007.

Chua, 46, whose full name is Chua Tian Chang, committed the offence against PC Rosyaidi Anuar, 21, in front of Parliament House in the incident on Dec 11, 2007.

Chua, the PKR strategic director, was charged under Section 332 of the Penal Code and could be jailed up to three years or fined or both.

Should the jail term exceed a year or if the fine exceeds RM2,000, he will be disqualified from holding his parliamentary seat after exhausting all avenues of appeal.

Chua (picture) committed the offence during a Bersih gathering to protest against constitutional amendments extending the retirement age of Election Commission members from 65 to 66.

Magistrate Mohd Faizi Che Abu will deliver the sentence later today after hearing mitigation from counsel.

He found Chua not to be a credible witness as his defence was a mere denial.

In an immediate response, Chua said the judgment was not fair as the judge and prosecution had relied on the evidence of the constable and based it on circumstantial evidence.

"It did not prove the biting took place," the MP said.

PAS revives non-Muslim wing plans

KUALA LUMPUR, Oct 22 — PAS is reviving plans to make its non-Muslim supporters’ club a wing with its own constitution, amid reports of a new Indian party drawing away its supporters.

PAS Supporters' Club (PSC) president Hu Pang Chow said many of its members are believed to have joined the Makkal Sakti party, which is widely believed to be backed by Prime Minister Datuk Seri Najib Razak.

The PSC was set up in 2004 with 100 non-Muslim members, but claimed membership of almost 50,000 soon after the opposition made big gains in last year's general election.

However, the slow process of turning the club into a full wing and Najib's earnest promises to help the Indian community have led to many members leaving.

The fight for Indian support also reflects how members of the minority community, once solid supporters of the MIC, are now open to backing other parties after judging that the MIC had failed to protect their interests.

Makkal Sakti president R.S. Thanenthirran declined to reveal how many PSC members had defected to his party since it was formed in May.

But he said the 60,000-strong party will “continue to champion the marginalised and this will naturally become an attraction to many”.

“I will not be surprised if more people throw their support behind those that can deliver,” he told The Straits Times.

The idea of turning the PSC into an official wing of PAS was mooted last year, but some within the club feel that the process is taking too long, said Hu.

“They will turn to parties that they feel can do something for them,” Hu said.

The plan to absorb the club fully into PAS was given fresh impetus after many Indian voters turned away from voting for PAS in the recent Bagan Pinang by-election, awarding the Umno candidate a big victory, party insiders say.

Members of the PSC, unlike ordinary members of the Islamist party, do not have voting rights in the party elections held every two years.

PAS currently has three wings — the ulama, women and youth wings, and a committee has been set up by the Islamist party to decide on formalising the PSC.

Hu said one way to make it more attractive to non-Muslims would be for its members to be allowed to run in general elections or by-elections.

But when asked if these members would be given the right to vote during PAS elections, he said that remains unclear.

PAS National Unity Committee chief Mujahid Rawa, who is in charge of the club and its absorption into the party, said however that he is confident the PSC will be turned into a wing by the end of the year.

“I would not say it will be a fully fledged wing but it will stand on its own, have a clear structure and its own constitution,” he told The Straits Times.

One sticking point is the constitutional constraint that only Muslims are allowed to be members of PAS.

But Mujahid said: “It's quite complicated but the committee has come up with something.”

He declined to elaborate.

Political analyst James Chin, of Monash University Malaysia Campus, said of the plan to turn the club into a new PAS wing: “It will happen. PAS has every incentive to do it, otherwise it will lose support.” — The Straits Times

The deal about judicial KPIs

By Ding Jo-Ann
thenutgraph.com

Chief Justice Tun Zaki Azmi

THE setting of key performance indicators (KPIs) for judges is being touted as the mechanism that will turn Malaysia's beleaguered judiciary into an efficient, justice-dispensing system. Chief Justice Tun Zaki Azmi has made improving judicial efficiency his personal mission. "I want to ensure that justice is produced fast. Clear the backlog. If I can do this, then I would be very happy," he reportedly said shortly after taking office in October 2008.

Superficially, this seems to be cause for celebration. Judges having measurable monthly targets should theoretically result in greater efficiency. But do KPIs for judges make sense? Can the dispensation of justice be measured in this way? Is this a long-term solution that will restore the judiciary's reputation, or is it just a cosmetic fix that is wreaking havoc on lawyers, their clients and the administration of justice?

Rushing out justice

Although KPIs look good on paper, the stories on the ground suggest that some judges are so obsessed with meeting their KPIs that they are willing to sacrifice being fair and thorough, resulting in justice being compromised.

"A judge told me my case had to be finished because of the KPI," says one lawyer. "We had fixed specific trial dates months ago because my client, who was overseas, could only attend on those dates. [But] a few days before the trial, the judge [suddenly] insisted the witness attend one day earlier."

When told that the witness could not be present on the new date, the judge said: "I don't care. We have to proceed on this date. Get another witness. If not, too bad, we continue with the case."

This lawyer and several others The Nut Graph spoke to declined to be named so as not to jeopardise ongoing cases should the judges involved hear of their complaints.

Another lawyer says that some judges are no longer giving sufficient time for proper legal research to be done for submissions after a trial is concluded. "After several days of trial, the judge wanted us to make legal submissions the very next day," the Kuala Lumpur lawyer said. "When we protested, the judge checked whether the KPIs had been met for that month. Upon confirming that it had, then only were we given more time."

The lawyer says that in the past, lawyers were given at least two weeks to consider the evidence and conduct further research to back up their submissions. She argues that as a result of the pressure to complete closing submissions in record-breaking time, decisions may not always be correct because they would not be based on research to rebut fresh evidence.

Worse, there have even been reports that criminal cases proceeded without the presence of the appointed defence counsel. Considering that drug-related cases at the High Court involves the possibility of the death penalty, the current efficiency drive can seriously compromise the more important need of ensuring a fair trial for the accused.

"We agree that matters should go on, without a doubt," says Penang lawyer Jagdeep Singh Deo. "But this must be balanced with the fact that [appointed] counsels should be allowed to be present when the case goes on."

Richard Wee (pic courtesy of Richard Wee)

Jagdeep recounts that one particular drug-related case in Penang involving the death penalty went ahead even though the defence counsel could not be present. "It is quite ironic," he continues. "In a capital case, if the accused is not represented, ordinarily the court will assign counsel because to be fair, the accused must have counsel." But in the mad rush to meet KPIs in the particular case Jagdeep was recounting, justice could not have been done.

Lawyers also complain that each court is also now demanding priority when fixing trial dates. When lawyers cannot be present at two different courts at the same time, they are accused of taking on too many cases. Sometimes they are asked to hand over cases to their colleagues if trial dates clash.

Lawyer Richard Wee feels this could be unfair to clients. "If some lawyers take on too many cases that they cannot handle, I agree they must cut down but the judges cannot force us to drop cases that we have been handling for more than five years," he says in a phone interview.

"We must be given time, for example, if we are told, 'By 2010, no more adjournments will be granted on the basis that you have another case to handle', then we can inform our clients as well."

Speed vs quality

But not all lawyers think that chasing after KPIs has resulted in justice sometimes being aborted.

"Generally, I think the KPIs are quite good. They are moving the cases much faster and judges are accountable in situations where cases are being postponed unnecessarily," Khaizan Sharizad Abdul Razak says.

Wee, however, believes that there are problems with the implementation of the reforms.

"There is an unnecessary feeling of wanting to make everything fast at the expense of justice," he says. "The law should always cater for all. The courts should have the flexibility to slow down certain cases."

Seira Sacha (pic courtesy of Seira)

Lawyer Seira Sacha Abu Bakar argues that KPIs for judges don't work and other measures should be used to improve the judiciary. "Judges' competency must be looked at in terms of how they perform when hearing cases and in giving sound judgments... In their rush to commence and complete trials, there is a risk that judges may overlook some issues," she argues.

Cannot go back

Bar Council president Ragunath Kesavan reveals to The Nut Graph that the Bar Council has been in talks with Zaki who assures them he's looking into all these "teething problems". Whatever happens next, Ragunath says, the system cannot go back to how it was before.

"This is a work in progress. We had a system that never worked previously. No one wanted to deal with the system and overhaul the system... We have not reached an ideal system but we can't go back to the old system which doesn't work. Changes have to take place," he says.

Wee concurs that Zaki is trying. He says Zaki replies promptly to e-mails and constantly meets with the Bar Council and the state bar committees. "Before him and [previous Chief Justice] Tun [Abdul] Hamid [Mohamad], we were never consulted."

Ragunath Kesavan

But these efforts aside, Ragunath says that for the system to work, judges themselves must be able to speak out if the KPIs cannot be met for valid reasons. "We've been told that the [chief justice] will not interfere with the running of each court. Therefore, the judges should put their foot down if they feel they cannot comply with the KPIs. If they cannot finish a particularly complex case and need more time, they should be prepared to justify this and not just say, 'I have KPIs, I have to finish the case now'."

There's no doubt that everyone wants a more efficient judiciary. "We all want cases to be disposed off quickly, but this must be balanced with a proper hearing of the case," Seira argues. That, instead of just speed, is what lawyers are saying will ensure justice and fairness.

"It's a good thing to clear the backlog but there should be certain caveats to it...The discretion of the judges must be applied without having KPIs as a consideration," Jagdeep says. "The bigger consideration, the paramount consideration, is justice."