1Wrong Malaysia: No prosecutions in Lingamgate

By Richard Wee

This post is reproduced from here.

22 October 2009

I am going to write this based on what I see, heard and concluded. So at the end of this article, please tell me if I am wrong or correct.

About 2 years ago, a friend e-mailed a video link of a man on the phone mentioning names of people in the Judiciary. I instantly recognised the man as VK Lingam. (Much later, there was a second video link of the second half of the conversation.) But I am not a 1Video Forensic Expert, so I could be wrong.


In the conversation, I can hear discussion about getting a Tan Sri-ship to the receiver of that call. The man who looked and sounded like VK Lingam had insisted that the receiver of that tele-conversation should get his Tan Sri ship as soon as possible. But I am not a 1Video Forensic Expert, I could have heard wrongly.

Then as I walked out of my office room, I informed my other partners to watch the Video. We laughed at the amount of time this person who sounded and looked like VK Lingam, said the word ‘Correct, Correct, Correct’. But we were also very upset as the Video looked and sounded like a recording of a man fixing up Judicial Appointments of Judges in Malaysia. But then again, I am not a 1 Video Forensic Expert, I may have heard wrongly.

Later, I found out many members of the Malaysian Bar watched this Video, and the lawyers were so upset, that over 2,000 of us handed a memorandum to the Prime Minister demanding a Royal Commission to get to the bottom of this. I was part of that peaceful march and my friend Lee Shih and I were right at the back of that group that morning.

I also recall when a few of us were planning the walk, Lim Chee Wee, George Varghuse and I visited Putrajaya on the Sunday before the Walk, where the 2 gentleman walked from the Palace of Justice to the PM’s Office at Putrajaya, to gauge the distance so that to prepare the walk that week. I was lucky, I did not have to walk that Sunday - Chee Wee asked me to drive his car and wait for him and George at the end of their walk.

But the thought that lingered in my mind as we did our simulated Walk that Sunday was “Is it wrong for us to Walk?”

We then had the Royal Commission where I was asked by Lawasia, an International organisation of Lawyers based in Australia, to attend the Hearing on a watching brief. I watched and heard the testimonies of many people. Some were defensive, some clearly had something to hide, and some were just cocky and dismissive. But my feelings as I listen to the Hearing, was that something was definitely wrong, and that it was likely that the man in the video was in fact VK Lingam. But I am just 1 small Malaysian, I may be wrong.

I thought I was correct at that time. But obviously, I must have been wrong. Despite 2,000 of us who marched that day at Putrajaya, the thousands of comments and articles condemning the content of that Video and more importantly the damning hearing and eventual Report by the Royal Commission; our 1Government - through the 1 and only Public Prosecutor - have today announced that the VK Lingam case is closed and no prosecutions will be carried out.

So, now you can see what I said earlier, I made 1 too many wrong conclusions above. I must be wrong, wrong, wrong as I was clearly not correct, correct, correct.

LINGAM TAPES

1. The NST reported that the Lingam case is closed. He will not be persecuted (or prosecuted).

2. He must be feeling very relieved. But what about the Commission's report on his influence over me in the selection of judges?

3. I was waiting for my day in court so I can defend myself. I have a lot of things to say about attempts to influence me on the appointments of judges.

4. Now that Lingam has no case to answer, how does it affect my being accused of being influenced by him, remembering that the tape was about his alleged phone conversation with other individuals. Did he say that I asked him to speak to those people? Was my name involved in his phone call?

5. These questions will remain in the minds of the people who read the conclusion of the Commission. So what now?

6. For some time during the past regime I was told that a thorough search was made to find instances where I abused power or accepted illegal gratification while in office. Apparently nothing was found.

7. Could it be that one way of getting at me was to accuse me of being influenced by Lingam in my choice of judges?

Pairin Returned Unopposed As PBS President

KOTA KINABALU, Oct 22 (Bernama) - Datuk Seri Joseph Pairin Kitingan has been returned unopposed as Parti Bersatu Sabah (PBS) president for another three years following nominations from 55 out of 60 party divisions in Sabah.

Announcing this on Thursday, PBS information chief Johnny Mositun said nominations were not received from five divisions because they could not hold their annual general meetings for this year.

Also returned unopposed were the two deputy presidents, Datuk Dr Maximus Ongkili for the non-Muslim Bumiputera quota, and Dr Yee Moh Chai representing the Chinese members in the party.

However, Mositun said the deputy president post for the Muslim quota would probably see a contest after incumbent A. K. Aliudin, vice president Rakam Sijim, incumbent youth chief Datuk Jahid Jahim and supreme council member Almudin Kaida garnered enough nominations to vie for the post.

He said Jahid was also nominated for the youth movement post, paving the way for a straight fight with deputy treasurer cum Liawan Division chief Jake Nointin.

"Jahid can only contest for one post so he will have to make a decision by Oct 27 which is the closing date for accepting the nomination. We will be able to know the line up on Oct 28," he said.

Prime Minister Datuk Seri Najib Tun Razak is expected to officiate the PBS triennial congress scheduled for Nov 7.

Malaysia Should Attach Information Officer At Embassy In Jakarta

KUALA LUMPUR, Oct 22 (Bernama) -- Former Information Minister Datuk Seri Zainuddin Maidin on Thursday called on the government to attach an information officer at the Malaysian embassy in Jakarta, Indonesia as a move to counter-balance rising information-savvy of people in the republic.

He said the information officer could assist the Indonesian media in getting immediate explanation on any arising issue as the new freedom enjoyed by the Indonesian press had enabled the dissemination of information, whether true or untrue, and provocations to be done faster and without restrictions.

"Right now, most of the communication between the embassy and the Indonesian press are done officially.

"So, if there is an information officer at the embassy, the communication process will be much easier because not all explanations should be conveyed in an official manner."

He said this in his keynote address at the Malaysia-Indonesia Relations 2009: Media and Culture seminar at Universiti Malaya here.

About 200 participants, comprising academicians and media practitioners from Malaysia and Indonesia, are participating in the two-day seminar.

Rape used as weapon in DR Congo war ( Al Jazeera)

The Democratic Republic of Congo is grappling with rampant rape, which has become an every day practice and is used as a weapon of war, the UN has said. It said almost 5,400 cases of rape against women were reported in the South Kivu province during the first six months of the year. Elisabeth Byrs, a spokeswoman for the UN Office for the Co-ordination of Humanitarian Affairs, said South Kivu, near Rwanda, was an increasingly dangerous place for civilians, especially for women. "Night-time attacks against civilians by unidentified armed elements, and rape against women, remain widespread," Byrs said. About 90 per cent of the rapes are allegedly committed by armed groups or regular forces. Nabwemba Natabaro, a woman in South Kivu, told Al Jazeera that she had been held in the bush for two months and repeatedly gang raped, after being abducted from her village. "My family thought I had been killed and lost all hope of ever seeing me. Then I managed to escape. I was very sick," she said. Her family brought her to a hospital where she was diagnosed with HIV. 'Tortured by attackers' Rossette Kavira, a gynaecologist at a hospital in the town of Goma, said: "There isn’t a single day that we don't get raped women coming to the hospital. This explains how widespread the problem is. "Almost all victims require surgery due to bleeding or wounds inflicted through torture by their attackers." Due to the huge numbers of rape victims, some women have to wait for months for reconstructive surgery. Dede Amanor-Wilks, Action Aid's director for West and Central Africa, said many rape cases go unreported. "Currently the DRC [Democratic Republic of Congo] is thought to have the highest incident of rape in the world, but statistics that come to surface are only a fraction probably of the rapes that actually occur," she told Al Jazeera. "Rape has been used by all armed groups as a weapon that is more readily available than bullets and bombs" Mohammed Adow, Al Jazeera correspondent "Different statistics are coming up in different parts of the eastern DRC all the time. One commonly used statistic is that there are about 400 rapes a day." Al Jazeera's Mohammed Adow, reporting from Goma, said there were growing fears that the use of rape was turning into a norm in the DR Congo conflict. "Rape has been used by all armed groups as a weapon that is more readily available than bullets and bombs. "In many cases the social stigma associated with rape leaves the survivors shunned by husbands, parents and their communities," he said. The fighting in the eastern DRC between UN-backed Congolese government forces and Rwandan Hutu rebels have worsened in recent months. The country hosts one of the biggest UN aid operations. Hundreds of thousands of people in the east of the country have been driven from their homes due to fighting, many of whom need protection from violent attacks.

While we are at it

Zul should take his fight all the way and propose that the present Secular system of choosing the government be abolished. After all, this Secular system was introduced by the Kafir British and is certainly un-Islamic.

NO HOLDS BARRED

Raja Petra Kamarudin

Zul Noordin wants constitution amended to clarify country’s status

(Bernama) - The government has been urged to amend several articles in the Federal Constitution to clarify certain issues including the status of the country which adopts a dual-system (a hybrid legal system) and not a secular state as claimed by some quarters.

The amendments to the constitution were also necessary to draw up the differing line between the constitution as the main federal law and the implementation of Islamic law and syariah.

The call was among the 24 lists of private members’ bills submitted by the Member of Parliament (MP) for Bandar Baru Kulim, Zulkifli Noordin, listed in the Meeting Procedures of the Dewan Rakyat which is currently in session.

Zulkifli said Article 3 of the Federal Constitution must be amended to ensure that the facts on the position of Islam were not manipulated and misinterpreted by certain groups to give the impression that Malaysia was a secular state.

The controversial PKR MP had proposed that the words “Islam is the religion for the Federation, including in terms of the law and syariah” be included to remove any doubt on the status of the country.

“The fact is that Malaysia is not a secular state, but a nation that puts Islam as the religion for the federation, thus the amendments to Article 3 of the Federal Constitution, as suggested, will clarify the position with regard to the status of the country without any doubt,” he said.

He said Article 4 of the Federal Constitution must be amended to add in the words “the Constitution is the primary law of the Federation and except for the Islamic law and syariah, any other law that is passed and that contradicts it must be void for as long as it is contradictory”.

“The House must take cognisance that in many instances the Islamic syariah law has become void or cannot be enforced because Article 4 of the Federal Constitution places the country’s law above other laws and regulations.

“These include Islamic and syariah law such as the ban on the use of the turban in national schools, the wearing of the purdah and jilbab in government departments, the enforcement of the syariah law such as for ‘khalwat’ (close proximity), zina (adultery), ‘qazaf’ which contradicts the syariah law and others,” he said.

Also suggested for amendment was Article 11 (1) of the Federal Constitution on the question of changing the religion for Muslims.

In this matter, Zulkifli proposed the inclusion of the words “including changing his/her religion except for Muslims which must comply with the Islamic law and syariah. For the followers of Islam, the question of converting into or abandoning Islam must be determined by the Syariah Court which has absolute power over it”.

In addition, Zulkifli also submitted a private member’s bill to urge the government to enforce a law or to prohibit or impose conditions on the sale of liquor and condoms at convenience stores, including 7-Eleven and KK Mart.

“There have been many cases where Malay teenagers and youths who are Muslims who have abused the sale of liquor and alcoholic drinks and the availability of condoms at convenience stores for immoral activities,” he said.

In a separate proposal, Zulkifli urged the Home Ministry to initiate investigation immediately on Sisters In Islam (SIS) because it was feared that its activities were contradictory to Islamic syariah.

He called on the ministry to investigate how the organisation was allowed to use the label Islam whereas its registered name did not state so.

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Here we go again. Zul has opened a Pandora’s Box by tabling this private members’ bill in Parliament to stipulate in no uncertainty that Malaysia is NOT a Secular State, as some people claim, but is in fact a Hybrid State.

Now, before we take this argument further, first let us understand the meaning of the word hybrid.

Main Entry: hybrid

Part of Speech: noun

Definition: composite, mixture

Synonyms: amalgam, bastard, combination, compound, cross, crossbreed, half-blood, half-breed, half-caste, in-cross, miscegenation, mongrel, mule, outcross

Antonyms: homogeneous, pedigreed, pure, purebred, thoroughbred, unmixed

Yes, that is what the Thesaurus has to say about the word hybrid. So, a Hybrid State, as opposed to a Secular State, Theocratic State, Republic, Monarchy (meaning absolute monarchy and not Constitutional Monarchy), and whatnot, would mean it is a state that is a mixture of two or more systems.

Malaysians have a name for this. Malaysians call it rojak. And rojak would be similar to the English salad, except that it is hotter (meaning spicy rather than temperature), a mix of many types of fruits and vegetables. Hey, is the tomato a fruit or vegetable? The jury is out on that one as is the argument about whether the chicken or the egg came first. Did the chicken come from an egg or the egg that came from a chicken?

I will let Zul sort this one out as I am sure if he can make sense from a Hybrid State then he can certainly answer the question as to whether the chicken or the egg came first.

I suppose I would be considered a hybrid seeing that I am not pure, as the Thesaurus indicated. And so would Anwar Ibrahim, Tun Dr Mahathir Mohamad, Tun Abdullah Ahmad Badawi, Tun Hussein Onn, Tun Abdul Razak, Tunku Abdul Rahman, Najib Tun Razak, etc. – all hybrids. And the list goes on. Zul, however, would be considered a pedigree, as his blood is not tainted like the rest of us.

Anyway, back to the issue of the Hybrid State. If Islam is the issue and Zul’s only interest is to ‘protect’ Islam from those who wish to ‘challenge’ it, how can a Hybrid State solve this problem? Why not go all the way and get Malaysia proclaimed a Theocratic State. Then Islam will not only be the ‘official’ religion but the laws of the land as well. Then, when someone ‘challenges’ Islam, he or she can be properly and severely dealt with.

The added advantage to this would be that all the other Holy Books other than the Quran can be banned and anyone found smuggling Bibles into the country could be arrested and whipped with a stint in jail. No places of worship other than mosques will be allowed. And so on and so forth.

Islam will now be fully protected, insulated and isolated from the influence and contamination of the other religions. Islam will truly be served and Muslims will be saved and their souls guaranteed heaven.

Malaysia is facing a serious problem. Every year, the Auditor-General’s report repeats the same thing. Corruption, abuse of power, mismanagement of public money, wastage of public funds, and so much more. And every year the report is like a photocopy of the pervious year’s report. And for decades the same thing is reported. But it never improves. It just gets worse.

I am sure this was on Zul’s mind when he proposed that Malaysia be declared a proper and genuine Hybrid State.

Detainees still die in police stations. In fact, the extra-judicial killings in Malaysia are very high. We only focus on those killed in police stations. What about those killed ‘resisting arrest’, which is as high as those killed under custody? And then there are those killed under remand in prisons. And now, people even die when called in as witnesses to have a friendly talk with MACC officers. Imagine if you are not just a witness called in for a friendly discussion but are actually a suspect.

Should we propose that PDRM and MACC be issued a lottery licence to help them improve their revenue and reduce the financial burden to the taxpayers? Then, when you are called in by the PDRM or MACC for interrogation, you can buy a lottery ticket and place a bet on whether you will be able to walk out again alive.

Zul should take his fight all the way and propose that the present Secular system of choosing the government be abolished. After all, this Secular system was introduced by the Kafir British and is certainly un-Islamic. The Prophet never held elections. Neither did the four Caliphs who came after him. The Umayyad, Abbasid and Ottoman Empires never held elections either. So why is Malaysia holding elections like what Secular States normally do?

And we must establish which version of the Shariah Zul is talking about. Talking about the Shariah is well and fine. However, as I have written in the last few articles, the Shariah is not constant and neither standardised. The interpretation of the Shariah developed over 300 years from the mid-600s to the mid-900s. And there are variants to the interpretation, depending on time and place.

Sudan, Turkey, Egypt, Iran, Saudi Arabia, Iraq, Afghanistan, India, the UK, Pakistan, Malaysia, Indonesia, etc., all have different variants to the interpretation of the Shariah. Some even combine the Shariah with Roman, Greek, English, French, Italian, etc., laws. So which version is Zul talking about?

If you want, I can go into detail on the different interpretations of the Shariah. But this will take, maybe, 20 or 30 pages and I am sure many of you would just skip it without bothering to read it because you will find it boring or not of concern to you.

Nevertheless, the Shariah is actually many laws encompassing family laws, inheritance laws, contract laws, and whatnot, and the bone of contention to Muslims and non-Muslims alike, criminal laws known as Hudud.

Let us take just one such law, the law of divorce. In some Muslim countries the women can apply for divorce and in others they can’t. In some countries if the husband abandons the wife and disappears for two years she can apply for a divorce and in other countries she can only file for divorce if the husband who disappeared is 90 years old from the time of his birth. In other words, if he disappears at the age of 40, then the wife has to wait another 50 years to file for divorce.

In some countries the divorce becomes final after three menstrual cycles. In others it must be two years and in some countries nine years. And in some countries the wife can continue living in the husband’s home while awaiting the finality of the divorce while in others she will be considered still married and therefore can’t get a divorce if she continues living in her husband’s home.

So you see, it is not merely a matter of amending the Constitution by adding a few extra words. Much work needs to be done in establishing the correct system. And the key to this whole thing would be, how can Malaysia become a better place and corruption, abuse of power, etc., be eradicated, plus more freedom of the press, and so on be achieved which adding a few extra words in the Constitution will not solve?

Sri Lankan refugees deserve better

By Jeyakumar Devaraj,

The PSM is concerned for the safety and wellbeing of the 207 Sri Lankan asylum-seekers who are being held at the Immigration Detention Centre at the KL International Airport as well as the 108 Sri Lankan refugees detained at Pekan Nanas Immigration Detention Centre.

According to our sources, there are 15 women and 6 children among these 207 Sri Lankans who were picked up at a roadblock in Batu Pahat, 10 days ago before being transported to the KLIA for detention.

Out of the 108 people detained at Pekan Nenas Immigration Detention Centre, there are 10 women and 10 children. One of the women is in her eight month of pregnancy. It was also reported that the Sri Lankan Embassy, including the Deputy High Commissioner, were forcing a group of Sri Lankan refugees to sign agreements for repatriation. The refugees refused to sign the agreements and the embassy personnel assaulted them by beating and kicking them to force them to sign the agreement.

It is of particular concern to us that both the UNHCR and Suhakam have been denied access to the Sri Lankan detainees at the KLIA Detention Centre in KLIA. The refusal of the authorities to allow access to these detainees, only serves to heighten the apprehension of observers that human right violations are taking place. This sense of apprehension is further heightened by news that Sri Lankan government officials have been allowed to interrogate these asylum seekers and are pressuring them to return to Sri Lanka.

The Malaysian government must not forget that an important principle in the handling of asylum seekers is that they should not be repatriated to their own countries - as they claim to have escaped from these countries because they were afraid that they would be harmed. The international community accepts this principle, and even if Malaysia is not a signatory of the particular international covenant on refugees, it is vitally important that Malaysia respects and abides by this principle.

The fact that these Sri Lankan asylum seekers, many of whom have UNHCR documentation, might have been attempting to embark on a hazardous and illegal journey to a third country is an indictment of the way the Malaysia has been treating asylum seekers.

Even though they may have UNHCR documentation, the refugees residing in Malaysia are not permitted to work. Of course they have to work illegally for how else can they support themselves and their families while waiting for placement in another country - a process that may take several years? But working without official sanction opens them to abuse by their employers - who do they complain to if the employer refuses to pay them their wages as promised? The lack of a proper work permit also exposes them to extortion by various enforcement personnel.

Given that Malaysia has issued work permits to more than 2 million migrants to work in various sectors of the economy, the Malaysian Government's reluctance to release work permits to the 40,000 asylum seekers is difficult to understand. Why not regularise their stay in Malaysia? Why force them to work surreptitiously at the fringes of Malaysian society? Why traumatise them further?

Apart from difficulty in obtaining work permits - asylum seekers face great difficulty in getting medical treatment in Malaysia. Government hospitals do not differentiate between asylum seekers, migrant workers and the health tourist. They are all charged far in excess of what Malaysian pay for health care. Similarly, the children of asylum seekers are barred from registering in government schools.

It is high time for Malaysia to review our treatment of asylum seekers. Are we living up to our claim of being a caring society if we treat a desperate group of people so callously?

The PSM therefore calls upon the government to:

Immediately allow UNHCR and Suhakam access to the Sri Lankan Asylum Seekers currently held at the KLIA Depot, Pekan Nenas and elsewhere.

Ensure that no asylum seeker is repatriated back to his own country forcibly.

Set up a task force to suggest changes to our legislative framework such that the need of asylum seekers for employment, health care and education can be handled humanely.


Dr Jeyakumar Devaraj is a Parti Sosialis Malaysia (PSM) central committee member

Kadir Jasin, Opinion Leadership and the Lack Of It.

The country is on the verge of realising a two-party/coalition democracy, at which point the electorate will have the choice of two equally viable and inclusive alternatives. But to get there, Pakatan Rakyat parties must commit to a Common Policy Framework as a precursor to registering the coalition.

By Suflan Shamsuddin

Kadir Jasin recently wrote an article entitled ‘Zaid, The Hurricane Hattie Of PR’, in which he describes Datuk Zaid Ibrahim as someone whom, wherever he goes, creates havoc and ruffles feathers. The facts on which he relies relate to certain aspects of Zaid’s past with which he claims to be acquainted. He seals his argument by referring to Zaid’s announcement to take leave from PKR’s political bureau meetings, following his supposed fallout with the party’s leadership over Sabah. The article appears to be intended to forewarn those who might seek to or have to associate with Zaid of his political ambitions and his propensity to cause chaos wherever he goes.

If he wrote the way he wrote, as a nobody, just to heckle a personality for the sheer sake of it or as a means to vent his own frustrations and demonstrate his own petty insecurities, then I would have taken his opinion for what it appears to be. Misguided and unfounded. But harmless.

But Kadir Jasin, given his illustrious past, is supposed to be a lot more than just a nobody. He is supposed to be an influential member of society and an opinion leader. And his opinion is that personalities like Zaid should not rock the boat, should not champion the underdog, should not stand up for what they believe in and be true to their principles, and should never challenge the status quo. Instead, what they must do is to pay homage and deference to the settled order, and say ‘how high?’ when asked to ‘jump’. And it is this opinion with which I take issue, i.e. to disparage and hold in contempt the audacity of courage, principle and hope, which Zaid demonstrates.

It would be quite different were Zaid to do a Zulkifli Noordin, proposing an amendment to Article 3 of the Federal Constitution on the role of Islam that clearly runs contrary to the stated position of PKR. Or a Hassan Ali, who invites discordance within ranks by holding views that are rejected by all Pakatan Rakyat parties. Or an Ibrahim Ali, who chooses to flip-flop between parties and ideologies, depending on who might be the highest bidder. Or state assemblymen who, at the first sign of trouble with the authorities, are willing to sacrifice the mandate of the electorate and jump ship to save their own skin. These are personalities whose trouble far outstrips the value they bring, and who clearly ought then to be brought to book. Articles that remonstrate such behaviour would make sense for a respectable opinion leader of distinction to write.

But Zaid’s feather-ruffling actions have never been out of disrespect to party principles and values. On the contrary, it is because he zealously upholds these principles and values above anything else that he courts more controversy than many other politicians. And it is this upon which Kadir Jasin frowns?

The country is on the verge of realising a two-party/coalition democracy, at which point the electorate will have the choice of two equally viable and inclusive alternatives. But to get there, Pakatan Rakyat parties must commit to a Common Policy Framework as a precursor to registering the coalition. And it is the shaping of this document that Zaid has had the arduous responsibility to helm. Might Kadir Jasin’s tirade be nothing more than a manifestation of the jitters felt by those who fear Pakatan Rakyat’s success in achieving this milestone?

I am sure that there will be comments to say that to even consider Kadir Jasin as an opinion leader is itself laughable. But as much as I might be ever so slightly tempted to support such a view, I think it lamentable to do so; because it would be below the belt, and undermine the stating of a serious principle at stake. And that is that it is the responsibility of opinion leaders to help shape the creation of a progressive and competent society, and not retard it, by their example, by their action, and by what they say.

A while back I wrote an article in Malaysia Today about the Malay struggle, and described how it is not a struggle of retaining special rights or racial dominance. Instead it is an internal one, which requires us Malays to take up an internal jihad to change our behaviours and values in order to accept personal accountability, to be achievement orientated, to be adept at independent and critical analysis, and to play by the book.

Kadir Jasin’s opinion runs contrary to this struggle. He wants us to retain our feudal values. It is his kind of opinion leadership and those of his political masters that help hold many Malays back from being anything other than serfs for the ruling elite, and impedes the nation from progressing beyond the authoritarian patronage-based political circus of today.

Bar Council revives call for RCI into Teoh's death

(The Edge) - The Malaysian Bar has revived the call for a Royal Commission of Inquiry (RCI) to look into the death of political secretary Teoh Beng Hock following the testimony of Thai pathologist Dr Porntip Rojanasunan that there was an 80% probability that his death was a homicide.

In a statement today, Malaysian Bar president Ragunath Kesavan said the RCI should have a wide ambit to investigate the circumstances and cause of Teoh's death and to conduct a concomitant review of the Malaysian Anti-Corruption Commission's (MACC) interrogation and investigation techniques.

"These two aspects are intrinsically interlinked and cannot be analysed in isolation from one another," he said.

Kesavan said it was evident now, more than ever, that the scope of the RCI's investigation must not be limited to reviewing the MACC's interrogation methods alone, as was proposed by the government.

"Under the Penal Code, an inquest is restricted in its scope and findings, and would be far less effective than an RCI would be," he said.

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