Can Ascot sue the government?

By Stephanie Sta Maria and G Vinod - Free Malaysia Today,

KUALA LUMPUR: Aside from approving nods and finger-pointing, the government's retraction of a sports betting licence also sparked the question of whether it could face a lawsuit.

The question arose when Perak DAP vice-chairman A Sivanesan pointed out that Ascot Sports Sdn Bhd – the anticipated recipient of the licence – could possibly take legal action against the government for “failing to fulfil its end of the deal”.

So far there has been no clear indication of a written agreement or contract between Ascot and the government. All that was known is that the government had approved a licence but not yet issued it to Ascot.

At a luncheon with gaming analysts yesterday, tycoon Vincent Tan reportedly revealed a Finance Ministry letter dated Jan 13, 2010, that gave him conditional approval for the licence but didn't mention any formal contract.

However, Sivanesan claimed that even in the absence of a written agreement, Ascot could still sue the government based on common law.

“The extensive media reports indicate that there must have been a minimum level agreement between the two parties,” he said. “Besides (Minister in the Prime Minister's Department) Nazri Aziz, (Information, Communication and Culture Minister) Rais Yatim, as well as MCA and MIC wouldn't have supported the move without the existence of some form of an agreement.

“Vincent Tan also wouldn't have agreed to donate RM525 million in proceeds from his gambling revenue to charity, otherwise. But it's now up to him to decide whether he wants to drag the government to court as he is the only person who knows what truly transpired during negotiations.”

No grounds for lawsuit

Well-known lawyer Haris Ibrahim and law professor Shad Saleem Faruqi of Universiti Teknologi Mara, however, poured cold water on Sivanesan's claim.

Both agreed that a lawsuit would hinge upon two factors – the existence of a written contract and the conditions stipulated in that contract.

“What was the extent of the government's green light for issuing the licence?” asked Haris. “That is the six-million-dollar question. Is the contract held to certain conditions and what are those conditions? No one knows for sure.”

“Based on the limited knowledge that the public has of this transaction, I currently don't see any grounds for a lawsuit.” echoed Shad. “And I highly doubt that common law would hold water in this case.”

A legal adviser, who declined to be named, confirmed Shad's opinion.

“Common law was developed to protect the layman,” he explained. “Let's say an individual agrees to sell an item at a certain price to another individual but later backtracks to quote a high price. The aggrieved party can take the matter to court under common law.”

“However, if a multinational company conducts a business transaction based purely on a verbal agreement, common law will not stand because the judge will stipulate that a company should know better than to conduct business without a written contract.”

Pakatan 'delighted' to have foiled Vincent's plan

By G Vinod

PETALING JAYA: Vincent Tan 'crediting' Pakatan Rakyat leaders for his failed attempt to obtain a sports betting license for his Ascot Sports Sdn Bhd has brought smiles to their faces.

“We are delighted by his claim,” said PAS central working committee member Dr Dzulkefly Ahmad. “We have just contributed positively to Malaysian society.”

On a more serious note, Dzulkefly said Vincent Tan should stop harping on the sports betting license as he was already earning a lot of money from his 4-D outlets.

He advised the tycoon to invest all the money he has made on ventures that will increase productivity and add real value to the nation's economy.

“He can channel his funds to the production or the services sector for starters,” said Dzulkefly. “I have seen many families being ruined due to gambling.”

“In fact one Chinese Malaysian in my constituency implored me to do whatever I can to ensure sports betting is not legalised as it will cause financial ruin to many,” he added.

Azmin: It's nothing personal

Meanwhile, PKR vice president Azmin Ali said that Pakatan leaders were only voicing out the people's views on the matter.

“Vincent Tan should not to take things personally,” he said. “Pakatan represents the conscience of the people, and the majority are opposed to the move to legalise sports betting.”

He also said legalising sports betting is not the way to help develop Malaysia into becoming a high income economy.

“Vincent should invest in the services sector in order to draw more foreign direct investments to the country,” said Azmin.

Prime Minister Najib Tun Razak cancelled his plan to award a sports betting license on June 25 after fierce resistance from Muslims and non-Muslims.

Tan's views blaming Pakatan leaders for his failure to secure the license was carried in an online news portal yesterday.

Faekah's all set to work Selangor MB's agenda

By Fazy Sahir - Free Malaysia Today,


EXCLUSIVE KLANG: Controversial appointee, Faekah Husin, is unfazed by the daunting tasks that lie ahead in her newly anointed position as the political secretary of Selangor Menteri Besar Khalid Ibrahim.
With 16 years of legal practice on her back and 12 years of flagging reformasi while in PKR, she’s convinced that she is well placed for the job irrespective of what others think.
Touching on her controversial appointment, Faekah said: “I don’t think my appointment was objected to by the 15 parliamentarians.
“In fact, the first person I spoke to about my appointment was party president Dr Wan Azizah (Wan Ismail). Then I informed senator (deputy president) Syed Husin Ali and Kuala Langat MP Abdullah Sani.
“I was straight with Abdullah and I told him I had informed all the PKR divisions. Where was the objections... I think it’s just another political strategy to rattle PKR.”
Unfazed by the swirls of views tailing her appointment, Faezah said she was prepared to be Khalid’s political spine and pillar in Selangor, ensuring that his principal agenda, to “help and defend Pakatan Rakyat in Selangor” is achieved.
For Faekah, 45, who has been PKR Kuala Langat’s women chief since 1999, nothing is impossible.
Understanding the party’s struggle and Khalid’s needs placed her in the ideal position to succeed Nik Nazmi Nik Ahmad who has been appointed PKR’s chief of communications.
“I have been given two years to help Khalid. His agenda is now my agenda, which is to tell the people that a good administration needs efficiency,” she told FMT when met at her home after taking her oath of office yesterday.
She said it was, as such, imperative that every state executive councillor and supporting officers realise the policies that will eventually be implemented.
“Without them (officers), the policies which Khalid wants to implement will not succeed. These officers are crucial to the success of Khalid’s policies,” said the lawyer from Klang.
Faekah, who set up her law firm Faekah & Choung, some 16 years ago, said Khalid had previously struggled with his agenda.
“I know he is in a difficult position. His policies are not carried by the main stream media.
“So we now must take the changes he’s done to the ground and explain to the people so that they continue to support us.
“The kampung folk are suffering, goods and oil prices have gone up.
“How are we going to convince them? We will try and try and try by doing the best for the rakyat and then hopefully they will understand the situation and our efforts,” she said.
When asked what would be her first step now that she Khalid’s political secretary, Faekah said : “I need to first get a written portfolio regarding my scope of work, because the work is extensive.”
Changing the face of reformasi
Faekah, who is the 10th child in her family, was introduced to politics by her late father Husin Abdul Mokhti. He died at the age of 76 when she was 26 years old.
He father was a lifetime supporter of PAS and his involvement had opened her mind to the world of politics.
Her passion for politics led to her involvement as an activist of PKR’s reformasi agenda in 1999.
Twelve years on, she is now taking the reformasi agenda a step further to help Khalid secure Selangor as a Pakatan stronghold.
“Reformasi may be one of my agendas in my new job. We will have to see how it can be resurrected but Selangor is already supporting the reformasi struggle and this is in line with my agenda.
“When Khalid offered me the job, I saw the second phase of our struggle taking shape.
“It meant that all that we had struggled for until now must be transformed into an agenda of action. It is now time to implement the policies that Khalid sets out,” said Faekah, who was the PKR Selangor’s secretary in 2005 when Khalid was at the helm.
Pakatan offers new-age politics
Being the first woman political secretary is not an an important issue or achievement for Faekah.
What is important to her is that Khalid’s mission is accomplished.
She spoke with awe at the administration of Pakatan coalition which she claimed exceeded all political expectations.
“Being the first woman political secretary is not a big issue. If people see it as a positive step, so be it. But what is important is the new politics that we bring.
“The younger generation are fascinated by the politics exhorted by Pakatan which cuts across race, gender and religious beliefs.
“This is what I find both awesome and fascinating,” she said.
She said this Pakatan philosophy was imbibed by Khalid when he appointed government officers.
“There was no question of whether you were from Umno, PAS, DAP or PKR when receiving aid or appointment. This is what Khalid’s administration is all about,” she said.

Rethink going nuclear

By Hilary Chiew - Free Malaysia Today

COMMENT So Malaysia is planning for a nuclear power plant as an alternative source of energy, given that the country’s oil and gas supplies are expected to dry up soon.

Advocators for the country’s first nuclear reactor capable of powering houses and businesses by 2025 are saying that it is necessary, safe and good for the climate.

Worldwide, proponents for a nuclear renaissance has seized on the climate change scourge to push their agenda further. But their carbon-neutral argument has since long been debunked.

However, that hasn’t stopped this misinformation from being propagated here. Their counterparts in Malaysia argued like-wise.

Since the government’s announcement in May of its plan to go nuke, opponents of nuclear energy had put forward their arguments convincingly. Safety has been their paramount concern, and rightly so given the deadly impacts on health and environment in the event of accidents.

Responses from the government have been less than reassuring, especially when Energy, Green Technology and Water Minister Peter Chin has from the onset declared “no point engaging (with stakeholders)” and that the government would only discuss with local communities of the to-be-selected site.

Nevertheless, he paradoxically said “there must be a sincere debate on energy security”.

I totally agree with the minister. And I would like to give him the benefit of the doubt that he has yet to familiarise himself with the Renewable Energy Policy that his ministry has drafted and is expected to turn into a law.

In fact, the ensuing public outcry highlighted by both mainstream and alternative media has also got Prime Minister Najib Tun Razak to “rethink” public consultation on this matter as shown on his 1Malaysia blog.

As consumers of energy and Malaysian growing awareness on environment viz-a-viz climate change, it is only appropriate that the government engage the public in a meaningful manner.

RE-al commitment

Malaysia has already recognised renewable energy (RE) as a potential source to diversify its energy mix since the Eight Malaysia Plan. The same vision was repeated in the following five-year development blueprint, albeit, scaled down.

Policy on renewables remains on paper with little attention given to serious research and development, hence the excuse that RE is expensive and unreliable. How often have we heard that solar energy is still in its infancy and not economically viable?

In 2006, in a joint report with Greenpeace, the European Photovoltaic Industry Association concluded that PV technology has advanced by leaps and bounds thanks to competition and serious investment that take the cue from strong political framework in countries like Germany. As a result, solar power has become a serious contender in the electricity market -- able to provide low-cost, clean, carbon emission-free energy. It predicted that two billion households worldwide could be powered by solar energy by 2025.

Ironically, some of those PV panels are coming from the two world-class PV production plants in Malaysia.

So, when Malaysia derives electricity for the first time from a nuclear reactor, the rest of the world, including developing countries like China, are already embracing a cleaner and sustainable energy source.

Solar energy is the true renewable unlike nuclear which, although it does not emit carbon dioxide, leaves behind a toxic legacy and not to mention that uranium, the feedstock for nuclear reactor, is a finite raw material.

Policy incoherence

But do we really need the energy from nuclear as we are actually enjoying a surplus according to figures provided by Chin himself? He said current electricity consumption is 14,000 megawatt (MW) but we have an installed capacity of 23,000 MW. That gives Malaysia an extremely comfortable margin as the government’s target is only 20%.

How about the energy that is expected to be generated from renewable sources that are already in the government’s plan?

In the run-up to the United Nations climate talks in Copenhagen last year, Malaysia boldly announced its 40% emission intensity reduction, which means that it will strive to reduce carbon emission for every unit of gross domestic production. Subsequently, the Ministry of Natural Resources and Environment has drawn up its plan to achieve that goal through energy efficiency and taking into account the pending RE programmes.

There will be incentives for industries to beef up their energy efficiencies, households to participate in the feed-in tariff system (where buildings installed with PV panels capture and convert the solar energy and relay the electricity to the grid) as well as a waste segregation scheme to prevent the built-up of methane in the landfills.

(Methane is a potent greenhouse gas arising from decomposition of organic materials such as kitchen waste that made up more than 50% of a typical household waste stream that currently find its way to the landfills.)

Up until now, Malaysia seems to be moving in the right paths in realising the prime minister’s vision of transforming Malaysia into a global green revolution leader.

With surplus energy, a renewable energy policy that will contribute significantly to the nation’s energy supplies in the near future coupled with enormous potential for growth; and conceivable reduction of energy consumption in public, private, commercial and industrial buildings – one needs to ask if there is room for a nuclear power plant.

Perverse incentive

It’s good to know that the government is finally coming to grips with market pricing to reflect the actual costs of fossil fuel in the 10th Malaysia Plan that was launched recently. As we all know, oil and gas are heavily subsidised by the public coffer.

While criticisms had been levelled at the general public who resist any hike in petroleum or diesel prices (in the absence of an efficient public transport system), what is less talked about is the huge chunk of taxpayers’ money channelled to subsidise natural gas used by the many independent power producers (IPPs).

The power generated by these IPPs is contributing to the surplus energy and they are reaping huge profits from the lop-sided power purchase agreement at the expense of Tenaga Nasional Bhd (TNB), the country’s main power distributor.

(An Energy Commission’s analysis in 2006 showed that the power sector was paying RM6.40 per MBTU [million British Thermal Unit] when the market price was RM26.43.)

Perhaps if TNB can cut its losses from paying exorbitant power (which it doesn’t need anyway) generated by the IPPs, it can fund serious research in solar, wind and biogas. And the government can divert the subsidies for IPPs to instead incentivise the installation of PV panels on individual rooftops.

After all, if a temperate country like Germany can be the first country to launch a successful feed-in tariff system, there is no reason why Malaysia can’t do it.

Press Statement by LDP Deputy President Datuk Chin Su Phin

"Sabah BN is not being led with justice and we in the LDP have been tolerating this unfairness for too long now"

KOTA KINABALU: Liberal Democratic Party (LDP) deputy president Datuk Chin Su Phin fully supports party secretary-general Datuk Teo Chee Kang's recent call for the removal of OKK Hj Harun Bidin as Kudat district chief.

He said Hj Harun had breached his position because the latter has no power or jurisdiction in sacking the eight Ketua Kampungs and Native Chief Representatives (WKAN) in Tanjung Kapor constituency.

Hj Harun, who was appointed by the Chief Minister to the post before the last general election in January 2008, "is in Kota Kinabalu most of the time and rarely goes back to Kudat," Chin contended yesterday.

During the 2008 general election, Chin said Hj Harun called all the Ketua Kampungs in Tanjung Kapur to support and vote for an independent candidate.

"His (Hj Harun) action is detrimental to the Barisan Nasional (BN). He is a 'traitor' to the BN."

Chin added that LDP had reported Hj Harun to Chief Minister Datuk Musa Aman and the then Prime Minister in 2008 but no action has been taken against him until today.

"We have the evidence and will disclose them when the right time comes. The BN leadership should not protect such a person," he cautioned in a statement.

Chin also refuted the reasons given by Hj Harun in sacking the eight Ketua Kampungs and WKAN.

"From what I was told, Hj Harun had forced the Ketua Kampungs amd WKAN to do something that was against the BN's principle but they refused, so he terminated their services in revenge."

"But he is merely a district chief with no power to sack or appoint, so like what YB Teo has stated, someone big was behind all this," Chin contended. However, he was informed that Local Government and Housing Minister Datuk Hajiji Hj Noor was not involved.

Chin said LDP supported Chief Minister Datuk Musa Aman's call for the BN leaders to cooperate with each other and stated that "it is not LDP's intention to attack other BN component parties."

He lamented however that at times even the BN leadership did not do what they preached.

"There are evidence certain people are bent on destroying LDP. What really dissapointed us is that everytime we bring the matter with the BN leadership, the answer given to us is 'we will look into it' and we're fed up with this," said Chin.

He also backed Teo's demand for the sacking of Hj Harun as the Kudat district chief with immediate effect.

"Sabah BN is not being led with justice and we in the LDP have been tolerating this unfairness for too long now," said Chin, urging the Prime Minister to make changes in Sabah BN leadership to ensure BN's victory in the next general election.

A game of musical chairs at the PKR retreat

By Haris Ibrahim,

Some bright spark at the recently-concluded PKR retreat scored brownie points with he who, for now, calls the shots.

Came up with a solution to the problem in Selangor between Khalid and Azmin, a problem which, according to he who, for now, calls the shots, is a mere figment of the imagination of the BN-friendly media.

That must include Malaysiakini who reported that on the eve of that retreat, 17 out of 22 PKR Selangor division chiefs descended at Khalid’s residence to show their support in light of this media-contrived plot to oust Khalid from the office of MB.

The quick fix to this non-existent problem : musical chairs!

You all know how this game is played, right?

When the music finally stopped and the dust from the scramble for seats had finally settled, Khalid was left standing.

Don’t be surprised if next you attend at the Selangor state secretariat building in Shah Alam, you find the MB working out of the guard house!

The govt’s selective listening

By Gan Pei Ling | The Nut Graph

“The issuance of a licence to legalise sports betting is no longer an issue as a decision has been made. We always listen to the people’s wishes and put their interests above all.”

PRIME Minister Datuk Seri Najib Razak, declaring after an Umno supreme council meeting that the government would not legalise sports betting. The issue had aroused much controversy even within the Barisan Nasional. The MCA and MIC backed the motion to legalise sports betting, but Umno Youth spoke out against it. (Source: The govt will not legalise sports betting, says PM, The Star, 27 June 2009)

“[The royal commission’s investigation] will be on the (MACC’s) procedures relating to its investigation, not the investigation on Teoh’s death and the normal investigations conducted by the MACC.”

Najib, in explaining that a royal commission of inquiry would not be investigating Teoh Beng Hock’s July 2009 death while in custody of the Malaysian Anti-Corruption Commission (MACC). Instead, only an inquest – seen as being hamstrung – was ordered into Teoh’s death.
This was despite pleas from Teoh’s family, civil society, the MCA and MIC to set up an independent royal commission of inquiry to probe Teoh’s death. Najib said the royal commission of inquiry would only be set up after the inquest into Teoh’s untimely death was completed. (Source: Inquest into Teoh’s death, Royal Commission on MACC’s treatment (Updated with Q&A), The Star, 22 July 2009)

“People are saying that no woman has been caned before and that Kartika should not be caned.
“Today I am announcing that we have already done it. There is no hidden agenda, we are merely executing our responsibility.”

(Courtesy of theSun)

Home Minister Datuk Seri Hishammuddin Hussein, in announcing that the state, under syariah law, had caned three women for “illicit sex”. Hishammuddin only made the announcement nine days after the caning of the three, in an apparent attempt to lend credibility to the punishment that had been sentenced on Kartika Sari Dewi Shukarno.
The Kuantan Syariah High Court had sentenced Kartika, a Muslim, to six cane strokes in 2009 for consuming alcohol. Women’s groups and the Bar Council decried the sentence, and whipping in general, as cruel, inhuman and degrading.
The Joint Action Group for Gender Equality appealed to Najib to take immediate steps to address the issue of whipping as a punishment, especially since research showed that it was not an effective deterrent, even to violent or sexual crimes. These appeals did not stop the government from whipping the three Muslim women.
The Sultan of Pahang, however, later reduced Kartika’s sentence to three weeks’ community service. (Source: 3 women caned for having illicit sex, The Star, 18 Feb 2010)

“…”

(Courtesy of theSun)

Repeated calls to the Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil about the findings of a special task force report into the rape of Penan women and girls were met with silence. This was even though women’s and indigenous groups kept calling on the government to release the findings so that the Penan could be protected from further sexual violence.
The task force report was only made public nearly a year later, after continuous pressure including from The Nut Graph. (Source: Shahrizat keeps mum on Penan report, The Nut Graph, 19 May 2009)

“The [Independent Police Complaints and Misconduct Commission (IPCMC)] contravenes principles found in the Federal Constitution and existing laws.”

Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz, explaining the reason the government refused to set up the IPCMC even though human rights groups and the Bar Council have continuously called for its implementation to curb police abuses.
The de facto law minister also said the police would be oppressed if it were the only enforcement agency monitored by the IPCMC. The government replaced the IPCMC Bill with the Enforcement Agency Integrity Commission Bill, which covers 21 enforcement agencies.
However, lawyer and The Nut Graph columnist Andrew Khoo pointed out that the Federal Constitution actually separates the police force from other enforcement agencies, and also allows for the setting up of a police force commission. Meanwhile, reports of deaths in police custody and police shootings continue to mount. (Source: Nazri: IPCMC would have been “unconstitutional”, The Nut Graph, 30 June 2009)

MAS To Capture Untapped Traffic From Middle East's Secondary Points

SUBANG, June 29 (Bernama) -- Malaysia Airlines Bhd is eyeing RM26 million in revenue per annum, which is 60 per cent of the traffic to Kuala Lumpur and beyond, from various secondary Middle Eastern points by entering into a code sharing agreement with Oman Air.

"This partnership expands and strengthens our hub and spoke network. We will be able to capture untapped traffic from secondary points in Middle East through Muscat on our network," said MAS Managing Director and Chief Executive Officer Tengku Datuk Azmil Zahruddin.

He said many passengers were currently travelling to Kuala Lumpur and beyond via other Middle Eastern points.

"The main aim of the code sharing is to enhance revenue," said Tengku Azmil.

The code sharing agreement signed today takes immediate effect and would enable MAS passengers to enjoy non-stop flights from Kuala Lumpur to Muscat and connect seamlessly to Amman and Kuwait City.

The partnership also provides passengers with more flight options to Dubai and Beirut, he said at the partnership signing ceremony here Tuesday.

Also present was Oman Air Chief Executive Officer Peter Hill.

Oman Air passengers who currently enjoy direct flights to Kuala Lumpur and Bangkok will now be connected to six new destinations in Malaysia and Asia, namely, Langkawi, Kota Kinabalu, Penang, Kuching, Singapore and Hong Kong.

It will be expanded to others points eventually.

"Oman Air is relatively a small airline company with big dreams. We believe the partnership will pave the way not only to some South East Asia countries but also the Pacific region (as we) currently fly only to Bangkok and Kuala Lumpur in the region," said Hill.

This partnership would also pave the way for closer co-operation between the two airlines on a range of other joint initiatives, including collaboration on frequent flyer programmes, ground handling, customer support, cargo and airport lounge access, said Tengku Azmil.

He said the tie-up with Oman Air has its own value proposition and commercial standard point as MAS also has a code sharing agreement with other Middle Eastern airlines.

MAS currently offers 17 weekly flights between Kuala Lumpur and the region, namely Dubai (seven times), Jeddah (four times), Beirut (three times) and Istanbul (three times).

It also operates seasonal flights between Kuwait and Kuala Lumpur in line with summer demand from Middle East to Malaysia and beyond.

Oman Air offers four weekly flights between Muscat and Kuala Lumpur.

With this partnership, its customers will enjoy many weekly flight options to Langkawi (35 times), Kota Kinabalu (62 times), Penang (63 times), Kuching (49 times), Singapore (49 times) and Hong Kong (14 times).

Hill noted that the traffic from Oman to Kuala Lumpur was good and growing fast.

Abolish ISA protest in Trafalgar Square

The Abolish ISA Movement (UK) held another demonstration outside the Tourism Malaysia office on Saturday, 26 June 2010.

Click on icon on bottom right of frame to toggle to full-screen mode – Photos by Danny Lim

Brazil inflict more misery on Chile

Brazil completed a hat-trick of victories over Chile at the FIFA World Cup™ by beating their South American rivals Chile 3-0 to set up a potentially thrilling quarter-final meeting with the Netherlands.

Dunga's side took control of the Round of 16 contest with two goals in quick succession in the last ten minutes of the first half through Juan and Luis Fabiano. Robinho added the third to inflict further punishment on the Chileans who may have ended a 48-year wait for a FIFA World Cup win in South Africa but evidently have not worked out how to better their old nemesis.

Brazil defeated Chile in the 1962 semi-finals and at this same stage of the 1998 tournament in France, scoring four goals in each game. They also beat La Roja home and away in qualifying for South Africa and even in the goalless opening 33 minutes at Ellis Park, there was scant evidence of a different outcome. Although Chile, playing in all white, had a larger share of possession in the opening quarter-hour, Brazil carried the greater goal threat from the off.

Luis Fabiano had an early sniff of goal when breaking down the inside-right channel in the fifth minute but dragged his shot past the far post. Four minutes later Gilberto Silva drew a full-length stop from Chile custodian Claudio Bravo with a 25-yard strike and from the ensuing corner, Kaka – back from suspension – had a sight of goal but fired wide. There was another nervous moment in the Chilean penalty box when Lucio took a dramatic tumble under Pablo Contreras's challenge and it came as no surprise when Brazil made the breakthrough in the 34th minute as Juan rose high to bury a header high past Bravo from Maicon's flag-kick.

Four minutes later Dunga's men had their second as Luis Fabiano got on to the end of a slick counterattack to hit his third goal of the finals. Robinho surged down the left and slipped the ball infield to Kaka, who split Chile's central defence with a first-time pass to put Luis Fabiano in the clear. With Chileans appealing in vain for offside, the Sevilla marksman rounded Bravo and slotted home. Chile produced only one or two promising moments in the final third in the opening 45 minutes. And when Humberto Suazo, making his second start of the finals, had a sight of goal, he failed to trouble Julio Cesar with his shot from the edge of the box – their only effort on target before the break.

Marcelo Bielsa's side had begun the match showing four changes from the defeat by Spain, three enforced by the suspensions of Marco Estrada Gary Medel and Waldo Ponce. And they began the second half with two more changes as Bielsa sent on Rodrigo Tello and Jorge Valvidia in place of Contreras and Mark Gonzalez. But though they tried to increase the pressure on Brazil's back line, their own defence was breached again just before the hour. Ramires strode forward from midfield, leaving two white shirts in his wake, and played in Robinho to curl a shot past the left hand of Bravo. It was Robinho's eighth goal in six matches against Chile and he came close to adding another with a low shot that Bravo tipped behind.

At the other end some of Chile's approach play was slick and they began belatedly to create chances. Valvidia flicked up the ball on the edge of the box and lifted a shot narrowly over the crossbar. With 15 minutes remaining Suazo then produced a smart turn to escape the shackles of Lucio but his shot was comfortably dealt with by Julio Cesar. He got even closer with a sliced effort that looped on to the top of the crossbar but it was not to be. Brazil march on.

Returning Robben helps sink Slovakia

Slovakia's fairy-tale run came to an end at Durban's Moses Mabhida Stadium on Monday, with Arjen Robben returning to the starting line-up and helping fire the organised Oranje into the quarter-finals with the first goal in a 2-1 win. As the only debutants at the 2010 FIFA World Cup™ head for home with their heads held high, the Dutch – who have never before won their first four matches at the finals – can now start preparing for a last-16 test against either Brazil or Chile in Port Elizabeth on Friday.

Vladimir Weiss's Slovakia were not overawed by their fancied opponents in the early going. Erik Jendrisek fired over the bar from a decent position after only two minutes, though if that was an intended warning shot, the Dutch – with nine points from their three games so far – are not a team that rattle easily. Robin van Persie and Wesley Sneijder both had good chances to score subsequently before Robben, in his first start at these finals, made his mark on the match. Chasing a long ball up from midfield, the Bayern Munich winger outpaced Radoslav Zabavnik up the wide-right channel, cut inside and fired low inside the near post, beating goalkeeper Jan Mucha who might have done better. It was only the second first-half goal scored by the Netherlands in South Africa.

Arsenal ace Van Persie had the next chances as the break approached. He surprised the Slovakia defence in the 41st minute but, after cutting in from the left, could only muster a tame toe-poke at Mucha. With just seconds to go before half-time, he then stole in behind the backline but failed to control Mark van Bommel's low cross, that was whipped in through the six-yard box. Robben was in the mood again when the second period got underway. After Van Persie dragged the Slovakia defence out of position, the ball fell kindly for the former Chelsea man, who wriggled inside the area only for his sizzling low shot to be thwarted by Mucha's fingertips. The goalkeeper was called into action again from the resulting corner, bravely blocking a Joris Mathijsen effort from close range.

Suddenly, Slovakia – who shifted into a more attacking 4-4-2 for the second half – came to life in the 67th minute. Marek Hamsik pushed the ball out wide for Dutch-based striker Miroslav Stoch, but his shot was tipped over for a corner. Robert Vittek was then guilty of missing a glorious chance only seconds later. Collecting the ball in acres of space and with bags of time, he shot directly into the palms of Dutch keeper Maarten Stekelenburg to groans from the section of the crowd not dressed in orange.

The Dutch continued to push forward in search of another goal and with six minutes to go, and the withdrawn Robben now on the bench, Dirk Kuyt chased down a long ball and crossed low for Sneijder. The Inter Milan man made no mistake with the goal at his mercy and calmly bulged the back of the net. Even though Vittek managed a consolation goal for the Slovaks in the dying seconds of stoppage time – netting from the penalty spot after Stekelenburg had brought him down – it was too late to signal a change of fortune. The Dutch now march on to meet either Brazil or Chile, who contest their Round of 16 contest at Johannesburg's Ellis Park later in the evening.

Anwar denies PKR plot to topple Khalid

Khairy rescues Wee Ka Siong from Ibrahim Ali

Anwar fails in bid for statements

Kuala Lumpur Mayor “did not authorize” Setapak Hindu temple demolishment. Idols of Hindu deities thrown and scattered to the ground.

See The Starmetro 28/06/2010 at page M 14.
Who then in the DBKL and in police uniforms who demolished this 50 year old Hindu temple at PPR Sungai Bunus, Setapak on 24/06/2010.
As the Federal Territories Minister Raja Nong Chik had made a ministerial statement in Parliament in 2008 that no more Hindu temples would be demolished. As there is a breach of the same, this Minister should resign according to our British Parliamentary democracy traditions. Failing which the Opposition PKR, DAP and PAS should call for his resignation by way of a motion in Parliament or file on emergency motion in Parliament to debate the same.
But this will not happen in One Malay-sia as even the Opposition PKR, DAP and PAS including their 11 Indian mondore MP’s would not do so as they fear losing the Malay muslim votes.
And thus the spate of hindu temple demolishment in Malaysia with impunity We have statistics of even up to rate of one hindu temple being demolished. In every week one Hindu temple is maliciously and ruthlessly demolished in Malaysia (Tamil Nesan 30^th Oct 2008, page 3. In the Selangor State Legislative Assembly it was officially revealed by Executive Council Mamber Dr. Xavier Jayakumar that between 2004 and 2007, 96 Hindu temple were demolished in Selangor (at an average of one Hindu temple in every 10 days- Tamil Nesan 30^th Oct 2008, page 3). Based on this figures we estimate that one Hindu temple is being demolished in every week nationwide in Malaysia. ( Malaysian Indian Minority & Human Rights Violations Annual Report 2008) presented by: Waytha Moorthy Ponnusamy, Barrister at Law (Lincoln’c Inn) Chairman HINDRAF, Malaysia at The Global Organization of People of Indian Origin (GOPIO) and Pravasi Bharathiya Divas International Conference at Chennai, India. 7^th – 9^th January 2009 with the next in line being slated is the Sintamany hindu temple and their orphannage in Jinjang Utara on 30/06/2010.
Welcome to UMNO’s One Malay-sia and PKR, DAP and PAS “multi racialism”.
P. Uthayakumar

PM letter: Top polytechnic and STPM Indian students denied scholarships and university places. Only 0.33% Indian students allowed in 86,000 Polytechnic places. 0.02% finally make it to university.

NO.6, Jalan Abdullah, Off Jalan Bangsar,
59000 Kuala Lumpur, Malaysia
Tel: 03-2282 5241 Fax: 03-2282 5245
Website: www.humanrightspartymalaysia.com
Email:info@humanrightspartymalaysia.com

Your Reference :

In Reply :

Date : 28th June 2010

YAB. Dato Seri Najib Razak

Prime Minister of Malaysia

Block Utama Bangunan Perdana Putra,

Pusat Pentadbiran Kerajaan Persekutuan,

62502 Putrajaya. By fax no: 03-8888 3444 E-Mail: najib@pmo.gov.my

YAB Tan Sri Khalid Ibrahim,

Menteri Besar Selangor,

Pejabat Menteri Besar Selangor,

Tingkat 21,

Bangunan Sultan Salahuddin,

Abdul Aziz Shah, By fax No: 03-5519 0032

40503 Shah Alam, Selangor. E-Mail : khalid@selangor.gov.my

Re: Top polytechnic and STPM Indian students denied scholarships and university places. Only 0.33% Indian students allowed in 86,000 Polytechnic places. 0.02% finally make it to university.

This morning Uhmamaheswary Teruvengedam (No KP: 861025565142) and Kuganesh Kuppusamy (No KP: 880325086489) of Polytechnic Port Dickson walked into our office. Their friend Dineshwari Palayappan (No KP: 881130055548) could not make it as she has been hospitalized for suspected dengue fever. Top student Uhmamaheswary had scored 3.45 CGPA points in her diploma course at Polytechnic Port Dickson. Her mother is a single parent and has four other siblings to feed by working as an unskilled factory worker earning RM 800 per month. Her mother was herself denied skills training or higher education by UMNO during her student days. And now this UMNO segregation is hitting her daughter and intended to also hit all her future generation. Her mother cannot afford to send her overseas or to a private university.

The above is only the tip of the iceberg in higher education. In almost every expect of life, by the very same racist, religious extremist and supremacist policy UMNO discriminates and marginalises the Indian. PKR, DAP, PAS, NGOs simply watch silently this ‘blood letting’.

The weak among the Indians simply give up life and attempt suicide. The suicide rate among the Indians is 600% above the rate among the Malay community.

Compliments to the UMNO led One Malay-sian government with two education systems. Welcome to Malay-sia the world’s most racist and supremacist country in the world.

Malaysia remains the world’s last remaining apartheid regime, the last was South Africa which ended it’s apartheid system some 21 years ago in 1989.

Umhamaheswary could not control her tears when relating her family poverty and hardships and how hard her mother has to work to put them to school. There goes Umha’s ambition of graduating to become an accountant. What is wrong in dreaming to become an Accountant Mr. Prime Minister?

Umha’s coursemate Kuganesh a/l Kuppusamy scored 2.79 CGPA and was also rejected a place in all the 20 public universities in Malaysia. So was his other course mate Dineswary Palanyappan and thousands of deserving Diploma and STPM students. For any Malay Muslim student 2.00 CGPA points would be sufficient to qualify them into any university. But not for these sixth generation Malaysian born Indian students with even 3.45 CGPA. This is just the tip of the iceberg of top and high achieving Indian STPM and Diploma students being denied a place in local public Universities and given scholarships and PTPTN loans. (Copies of their rejection letters is enclosed herewith).

Kuganesh tells us that it is because of this (racist and supremacist UMNO) policies that Indian youths are going astray and getting involved in crime and gangsterism etc.

Kuganesh asks is it wrong to dream of becoming an Accountant.

Both Kuganesh and Umha tell us that out of the 15 Indian students at Polytechnic Port Dickson out of the total 4,500 students ( a mere 0.33%) only a mere one or 0.02% finally made it to the public university.

For the Malay Muslim and other native students the sky is the limit for them as up to 99% of the 86,000 places in the 27 public Polytechnic and an estimated 95% of the 847,000 places (NST 7/8/08, page 16) in the 20 public universities are for Malay muslims. This is on top of the 200,000 places in UITM which is exclusively for the Malay Muslims (UM 22/ 11/2009 at page 25).

Save an except for some poor Chinese students, the rest or an estimated 99% are exclusively for only Malay Muslims. The Malaysian Chinese who control 70% of the Malaysian economy may not need these Polytechnic and University places as many can afford to go to private universities locally and overseas. The poor Chinese have the cash rich Chinese Guilds and Associations to help them.

For the Malay muslims and the natives the sky is the limit in terms of education for them. The rich Indians (a mere 1%) also sent their children overseas or local private Universities. This segregates and excludes only the Indian poor from the nation higher education policy of One Malay-sia with two education policies.

So who speaks for these poor Indian students? PKR? DAP? PAS? Indian elite? NGOs? MIC? PKR, DAP and PAS Indian mandores? UMNO’s print and electronic media?

All odds are stacked up against these poor Indian students.

The writing on the wall is very very clear indeed for the Malaysian Indians – if you are the very top brains (top 1%) or your parents are rich, have their EPF savings or other savings or can sell their land or house, then UMNO wishes you all the best to study at local private universities or overseas.

But if you are form an average, low income earning, poor or hardcore poor Indian, you are doomed!

Many youths get drawn into the world of crime. They are rebelling against the system, against the discrimination and marginalisation. It is their way of getting back at Malaysian society. They end up using their ‘untapped intelligence’ in crime and 95% of the Malay-sians shot dead by the police are the Indians. 60% of the Malaysian occupants in prisons are Indians when they form only 8% of the population ie about 70%, disproportionately over represented in prisons.

We hereby urge your goodselves to wipe out the tears of these poor Indian students and grant them their due places in the public universities. We estimate 2,271 Indian top achievers have been denied places in matriculation, universities as well as JPA loans this year alone!



______________

P.Uthayakumar

Secretary General (pro tem)

Vincent Tan blames bookies, Pakatan for anti-betting drive

(The Malaysian Insider) He also told gaming industry analysts that Pakatan Rakyat (PR) was to blame for the Najib administration’s backtracking, and alleged that illegal bookmakers had spent between RM100 million and RM300 million to smear his attempt to introduce above-board football betting.

Illegal bookmaking activities in Malaysia are estimated to be worth up to RM20 billion a year.

Tan (picture) said this at a luncheon with about 40 gaming analysts, where he was also said to have shown them a Finance Ministry letter dated Jan 13, 2010 that gave him conditional approval for the licence.

However, sources who saw the letter said the conditions made no mention of the government having to first gauge public support and that they had essentially been fulfilled.

A Berjaya Corp press statement released earlier today said the company was extremely disappointed at the government’s decision not to re-issue the licence “despite having granted its approval for the re-issuance of the same” — a phrase which was underlined for emphasis.

Berjaya Corp reported that the government had last month re-issued the licence to Tan-owned Ascot Sports Sdn Bhd after the original licence was cancelled by the previous Abdullah administration.

The gaming, property and hospitality group had told Bursa Malaysia in a May 12 filing that it intended to acquire Tan’s 70 per cent stake in Ascot for RM525 million. The tycoon’s son — Datuk Robin Tan Yeong Ching — would have retained control of his 30 per cent stake.

Tan had first obtained the licence in 1987 but had “asked the government to take it back” when the venture was unsuccessful while retaining the right to get the licence back.

His most recent attempt to revive long-suffering Ascot — which posted a loss of RM4.6 million at the end of 2008 — ran into a concerted hail of criticism from opposition parties who managed to turn the issue into a national talking point on the back of apparent anti-gambling sentiment.

Tan-controlled Berjaya Corp had planned to offer football betting services through the telephone and at selected Toto outlets nationwide.

It is understood that the tycoon had spent a considerable sum in preparation for the start of play in European football leagues this August.

The licence itself is said to be worth RM10 million, an amount which was refunded to Tan following the government’s capitulation to public opinion on Friday.

Sources said Tan had used the money to obtain a bank guarantee worth the same amount as a first-right-of-refusal claim, and suggest that he is biding his time until conditions are more agreeable before attempting to launch the football betting service again.

It was also revealed during the get-together with analysts today that after Ascot’s licence was withdrawn in 1990, RM8 million in licence fees was refunded to the company by the Finance Ministry and that it was also given compensation of RM10.9 million for sports betting equipment by the Totalisator Board.

Tan’s meeting with gaming analysts from both buy and sell sides this afternoon is seen as a move to repair his company’s image after Berjaya Corp shares were battered today at the start of trading.

Trade was resumed at 10am after a one-hour suspension on trading following Berjaya Corp’s announcement that it was calling off plans to acquire Ascot.

As at 4pm Berjaya Corp’s share price was down 14 sen from its opening price to RM1.22.

Najib's ex-aide Nasir Safar goes scot-free

By Rahmah Ghazali - Free Malaysia Today,

KUALA LUMPUR: Prime Minister Najib Tun Razak today defended an inflammatory speech that his former aide Nasir Safar made last February, in which he called Indians beggars and Chinese women whores.

“He was not referring to the local Chinese and Indians,” he told Parliament in a written reply to Gobind Singh Deo (DAP-Puchong).

Najib also said the government had decided against prosecuting Nasir despite scores of police reports alleging that he had committed sedition.

He suggested that Nasir’s apology and resignation from his position as special aide to the prime minister were punishment enough for the indiscretion that prompted a large section of his audience to walk out.

Not long after the incident, fugitive blogger Raja Petra Kamarudin dragged Nasir into further controversy by alleging that he was one of the last persons to see Mongolian national Altantuya Shaariibu alive.

Few people had heard of Nasir until last Feb 2, when a large number of participants walked out of a closed-door seminar in Malacca while he was speaking.

They alleged that he had insulted Malaysian Chinese and Indians in a talk that was supposed to promote Najib’s national integration project, billed as 1Malaysia.

They told reporters that he had said Chinese women came to Malaysia to “sell their bodies” and had described Indian immigrants as beggars.

Investigated for sedition

The incident became a major news item on the Internet and the Prime Minister’s office promptly announced that Nasir had quit his position.

Several of those who walked out of the session lodged police reports, and Malacca police subsequently announced that they had investigated the incident under the Sedition Act and submitted a report to the Attorney-General.

In his written statement in Parliament today, Najib said it would be difficult to prove that Nasir’s outburst was seditious.

“Besides,” he added, “the suspect apologised openly” on Feb 4.

“He said he had no intention to make such seditious [statements] or insult other races in the country.”

Furthermore, he said, Nasir was referring only to foreigners who had migrated to Malaysia in search of work.

No plot to oust MB, says Anwar

By Rahmah Ghazali - Free Malaysia Today

KUALA LUMPUR: Opposition Leader Anwar Ibrahim has finally settled the issue of some PKR MPs who allegedly teamed up to oust Selangor Menteri Besar Khalid Ibrahim, saying that there was never such a plot.
Speaking to reporters in Parliament today, the PKR de facto leader claimed that he had never heard of the MPs – said to number about 15 - making such a demand as reported in the media recently.

“I have met the MPs many times. I have also gone through (the media reports) but seriously, there was no discussion at all among the MPs to make such a demand (remove the menteri besar),” he said.

According to him, he would have known if such a plot existed. But he said that the matter was never raised.

“I was never aware of it. As far as I’m concerned, any demand to oust the menteri besar has to go through me as I have a little influence in the party.

“But this was never the issue. The only issue brought up was how the Selangor government could implement effective programmes for the people,” he said.

PKR came under the glare of publicity last week when vice-president and Anwar’s protégé Azmin Ali tendered his resignation as a board member of the Selangor State Corporation Development (PKNS), which is helmed by Khalid.

It was rumoured that Azmin acted to express his displeasure over the way Khalid is running the state. Many members have also claimed that the menteri besar did not consult party leaders when it came to policy decision-making.

Another rumour soon surfaced claiming that the 15 PKR MPs have teamed up with Azmin to plot the downfall of Khalid. But Azmin has denied it.

Khalid needs to 'share the burden'

Anwar also rubbished claims that Khalid was replaced following criticism that the menteri besar has been unable to woo grassroots support despite having led the state for more than two years.

According to him, it was Khalid who asked for the change because he has a lot of work to do to meet the expectations of the people.

“He said his burden is heavy as he has to take care of both the state and party in Selangor. He was afraid he could not fulfil the expectations of the people.

“That was why he asked that his party position be given to someone else,” said Anwar.

Anwar, who initially disagreed with Khalid's request, said he finally accepted it when Khalid repeatedly informed him that he could not be expected to do both jobs.

“He needs to share the burden and he needs someone to tackle the political programmes.

“I think he is keen on making sure he runs the state,” he said.

Anwar also said PKR does not emulate Umno-style administration.

“It used to be like Umno where the menteri besar usually heads the party in the state, but not necessarily now,” he said.

MACC officers may face arrest in London

So there you have it. The MACC officers, PI Bala, and Bala’s three lawyers will all be in London next week. But instead of Bala’s statement being recorded will we see the MACC officers being marched off to jail instead?

NO HOLDS BARRED

Raja Petra Kamarudin
MACC is due to record Private Investigator P. Balasubramaniam’s statement on Monday 5th and Tuesday 6th July 2010. The venue is the Holiday Villa in London. According to Berita Harian and The Star, the event has already been confirmed and Bala and his three lawyers are scheduled to be in London during that period.

The latest, however, is that MACC has written to Bala’s lawyers to inform them that the lawyers will not be allowed to be present when Bala’s statement is recorded. The lawyers are adamant that they be present and will not back down on the issue. If MACC also does not back down then assume that the entire session is going to be aborted.

Maybe this is what they want. They don’t really want to take Bala’s statement because they are worried about what he is going to say. Bala is also going to bring all sorts of documents, which include evidence of the money he was paid to change his Statutory Declaration and come out with the SD2 to reverse what he said in SD1.

I have spoken to a group of British lawyers about this and they are planning to be at the Holiday Villa on the morning of Monday 5th July to challenge MACC on point of law.

MACC can’t quote Malaysia’s Anti-Corruption Act or Official Secrets Act and impose these laws on British soil, the British lawyers told me. In Britain, every person, even a witness, has the right to legal representation. It is against British law for MACC to forbid Bala’s lawyers from being present while his statement is being recorded.

Anyway, Bala is giving his statement voluntarily. There is no summons or warrant issued against him. Bala is not compelled to give his statement if he does not wish to and there is nothing MACC can do. “So why play hard ball?” asked the British lawyers.

Furthermore, Britain has the Freedom of Information Act. So MACC can’t use Malaysia’s Official Secrets Act to challenge Britain’s Freedom of Information Act, added the British lawyers.

If MACC wants to conduct an illegal operation in London then we shall have to bring this matter to the attention of the British police and get the MACC officers arrested and charged, the British lawyers said.
This is Britain and not Malaysia, which practices the law of the jungle, added the lawyers. The MACC officers can’t disregard the law and push it’s weight around in Britain like they do in Malaysia. They will find themselves in trouble with the law if they try that.

So there you have it. The MACC officers, PI Bala, and Bala’s three lawyers will all be in London next week. But instead of Bala’s statement being recorded will we see the MACC officers being marched off to jail instead?

I think I will hang around the Holiday Villa with my camera next Monday just to witness the fun. And I am sure many Special Branch officers from Bukit Aman will also be there with their cameras to take shots of me as well. By the way, I will be the person wearing a French cap, American jeans, Polo shirt, holding a Japanese camera, and with a Cuban cigar in my mouth.

Now that is what I call globalisation.

Privatising rubbish collection: Who benefits?

By KW Mak | The Nut Graph

(© bucklava | Flickr)

THE federal government wants to privatise rubbish removal services under the 10th Malaysia Plan (10MP) and have local councils focus purely on enforcement. Technically, the federal government cannot legally force a local government to enter into a privatisation contract. A contract’s signatories would have to be representatives from the government entering the contract itself.
However, one way to compel privatisation of a service would be through Section 165 of the Local Government Act. This section states that the state authority, also known as the state exco, may transfer a local authority’s function to the state’s chief minister or menteri besar. This can be done if the state deems that such a function would be in the public’s interest. However, such a transfer can only be done by a gazetted order. The order must also be presented to the state’s legislative assembly and will continue to be in force unless the state assembly annuls it.
This means that the only way to take away a local council’s power from performing its functions — one of which is rubbish removal — is through the state government’s direct and publicly announced (via gazette) intervention.
Making the impossible possible
Of course, politicians make a habit of making the impossible legally possible, with all the right packaging attached to it.
Back in 2007, Parliament passed the Solid Waste and Public Cleansing Management Act. This essentially allows the federal government to privatise rubbish removal services with the option to bill the house owner, the occupier, the local authority, or any other person to whom the services are provided.

Simplified diagram of what could happen (picture of woman thinking © Klearchos Kapoutsis | Flickr)

Since a house owner already pays assessment tax to the local council, and since it is the local council’s function to provide rubbish removal services, it is most likely that the federal government would bill the local council for the services.
Now, there is a clause at the introduction of the Act that states that the law would only come into affect when the minister in charge of solid waste management (presently under the Housing and Local Government Ministry) publishes the order in a gazette.
I suspect the only reason this law wasn’t implemented straightaway was due to the logistical nightmare of taking over rubbish removal services from all local councils. However, we must also realise that the federal government has had three years to put in place the necessary framework to carry out the privatisation exercise.
Practicality
So, now that we have an inkling of how the federal government may be implementing the privatisation of rubbish removal services, let’s look at the practicality of the privatised system.
The contractor providing the rubbish removal services signs their contract with the federal government. The local council, however, is tasked with paying the contractor whereas ratepayers are the consumers of the service.
Residents will never see this layer of bureaucracy nor will they care if their complaints to the local council are misdirected since the service providers are not answerable to the local council.
Additionally, the local council will probably be required to pay a lump sum figure without being able to deduct payment for services not rendered, since the contract is between the federal government and the contractor.
Conspiracy
Of course, the local council could just as easily request for a license to be issued to it to continue having the rights to manage its own rubbish removal services.
Except that Section 70 of the Solid Waste and Public Cleansing Management Act allows for the federal government to take over the entire operations of a license holder if it deems it necessary.
That, of course, is another matter entirely and totally unrelated to the issue of the federal government’s intention of privatising rubbish removal services under the 10MP. Or is it?

Court orders water documents revealed

(Malaysiakini) The federal government has seven days to disclose the contents of the audit report and water concession agreement entered between it, the Selangor government and Syarikat Bekalan Air Selangor (Syabas).

This follows a landmark ruling at the High Court today allowing the documents – which were classified by the government as being under the Official Secrets Act (OSA) – to be made public.

The decision was made by judicial commissioner Hadhariah Syed Ismail, who ruled the government’s refusal to disclose the reports did not consider the expectation of members of the public who are adversely affected by the decision.

“The respondents’ decision to allow the privatisation of water service and arbitrary increase tariff, and at the same time invoking the OSA, is disproportionate to the aims of the Act.

“It is also counter to the principles of good governance, accountability, transparency, and (that) the interests of rakyat should come first,” she said in her judgment.

Hadhariah ruled that since the government has failed to fulfill those principles, the court is compelled to do so.

Hadhariah made the ruling in the judicial review case brought by Malaysian Trade Union Congress (MTUC) president Syed Shahir Syed Mohamud (right) and 13 others against the Energy, Water, and Telecommunications Ministry, the Selangor government and the federal government.

The plaintiffs’ lawyer Ang Hean Leng, said this is a landmark judgment as it recognises the right of the public to have documents revealed out of public interest.
Syed Shahir and the other plaintiffs, which include Klang MP Charles Santiago and parents acting on behalf of their two children not of legal age, filed the application in January 2007.

They wanted the disclosure of the Concession Agreement dated Dec 15, 2004, between the federal and Selangor governments and Syabas.

They also sought the audit report justifying an increase of 15 per cent in the water tariff.

The plaintiffs also sought:

• a declaration that the applicants and general public have access to the audit report and agreement;

• alternatively, a declaration that those documents are public documents and are not official secrets documents;

• an order of certiorari to quash the decision by the respondents in denying access to such documents; and

• a mandamus order to compel the minister to disclose the contents of such documents.

JC not persuaded

Hadhariah in her 19 page-judgment also said she was not convinced such disclosure would be detrimental to national security or public interests.

“In fact, I was of the opinion that the truth is the contrary,” she ruled.

Hadhariah also said there must be a reasonable explanation why a document must be classified as “rahsia” (secret).

She also said she agreed with the applicants’ contention that the fact that the audit report was presented to the cabinet was not sufficient to justify protection under the OSA.

“It also cannot be in the spirit of OSA, to extend protection in cases where the government believes there will be public discussion and criticisms against the government’s action,” said the judicial commissioner.

Hadhariah said having read the audit report herself, she concluded it contains information relevant to the concession agreement, in particular the issue of raising the water tariff.

Saying that she could foresee public discussion and criticism against the government, the concession agreement and audit report should have been released in tandem as the report made certain comments and reference to provisions and concessions in the agreement.

“The disclosure will serve the public interests in keeping the public informed of the working of the government, as well as promote discussion on public affairs,” she said.

“In this era of transparency, accountability, and priority is given to the needs of the rakyat… it is only fair for such documents to be made public. I am of the view the court should lean in favour of the aggrieved party in matters involving public interest,” said Hadhariah.

She also said the concession agreement should be a public document as it was executed with public interest in mind and therefore it is in the public interest also that it should be disclosed.

“What could possibly go wrong if what the public wants to know is whether the deal was a win-win situation or a one sided agreement benefiting one party only?
“Until and unless the agreement is disclosed to the public, it would cause anxiety to the public wanting to know such matters that affect their basic needs.”

Najib: Affirmative Action Takes A New Route In NEM

By Zakaria Abdul Wahab

SINGAPORE, June 28 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak said he did not promise to do away with the affirmative action with regard to helping the Malays and Bumiputeras when he introduced the New Economic Model (NEM) for Malaysia.

"I did not promise to do away with it. I promised a new approach," he said during an exclusive interview with Singapore-based Channel News Asia (CNA) which was aired here Monday night.

Najib said the whole notion of the NEM was to have a fair and balanced society, and this economic model had been practically accepted by all Malaysians.

The question now was how to get Malaysians there and how do they want to achieve it, he told CNA's Malaysian bureau chief Melissa Goh who conducted the interview in Kuala Lumpur.

The prime minister said: "We want to get there but it has to be through a different route."

Thus, Najib said affirmative action under the NEM would be more market-friendly, more merit based, more transparent and based on needs.

He said there was enough wealth, enough room and latitude in his country for Malaysians to benefit from the government policies.

Asked when the government would likely stop giving out subsidy, Najib said the government needed to fine tune it first before it could gradually be phased out.

"I use the word gradual because we need the people's buy-in... because subsidy is a very sensitive issue," he said, adding that the government had to convince the Malaysian public that this was good for them in a long term.

"The only problem is that people look very much over the short term horizon, and they don't look at the long term horizons," Najib said.

The prime minister said the subsidy issue depended a lot on the public buying-in, and also for the government to come up with some social safety nets for those who were poor or vulnerable groups.

"So we are working at it but I did not promise overnight to do away with subsidy," Najib added.

The recently warm bilateral relations with Singapore and the settlement on the outstanding Keretapi Tanah Melayu (KTM) land issue here, Najib said the KTM land settlement was a major breakthrough as it had been said by some people as "a thorn between our bilateral ties which was left unresolved for almost 20 years."

"I decided that we should put our minds to it and resolved a major outstanding bilateral issue because that will give us a strong foundation," Najib said, adding that it was also a signal to Malaysians as well as Singaporeans that they wanted to move forward, to deepen and to strengthen their existing ties.

The prime minister said: "We should not be emotional, we should not carry the baggage anymore but we should move forward, and with the sense of confidence, we can benefit from this new enthusiasm in terms of bilateral ties."

KP Samy Video

KP Samy: MIC president's daily misleading Indians

By G Vinod - Free Malaysia Today

KUALA LUMPUR: Sacked MIC central committee member KP Samy today lashed out at a local Tamil daily for branding a gathering on July 4 at Dewan Hamzah, Klang as an anti-Barisan Nasional event.

“Tamil Nesan carried a quarter-page advertisement on June 24 and June 26 urging Indian Malaysians not to take part in the gathering, calling it an anti-BN gathering.

“The advertisement is misleading and we want to know who placed the advertisement in the first place and why Tamil Nesan saw it fit to accommodate it,” said Samy.

“We had clarified earlier that the gathering will be a dialogue session to get into the bottom of Indian Malaysians' problems and there will be no character assassinations of anyone at the event.

“I have lodged a complaint with the Home Ministry on the matter and I hope the ministry will take action against Tamil Nesan for misleading the public,” added Samy.

Tamil Nesan belongs to MIC president S Samy Vellu's family. KP Samy and several other sacked MIC leaders had previsously launched anti-Samy Vellu campaign (GAS) to remove the veteran leader from the party. They are now embarking on a new platform to highlight the plights of the Indian community in this country.

Threatening the police

Samy also said that apart from the advertisement accusing his group of being anti-BN, the Selangor MIC has also threatened to bring 5,000 people to the gathering.

“Based on the Tamil Nesan advertisement, people will see that the 5,000 MIC people are attending an anti-BN gathering, which will work in favour of the opposition.

“We urge Prime Minister Najib Tun Razak in his capacity as the BN chairman to advise MIC accordingly as Tamil Nesan is owned by Samy Vellu,” he said.

Samy also slammed Selangor MIC information chief L Siva Subramaniam for allegedly threatening the police to take action against the July 4 Klang gathering, failing which his people will gate-crash the event.

“I will lodge a complaint with the Inspector-General of Police on the matter and I will leave it to the police to act against Siva Subramaniam who threatened the police,” he added.

PKR buying time with Selangor changes

By Zainal Epi - Free Malaysia Today

KUALA LUMPRU: PKR is buying time when it made the changes in the Selangor line-up, with PKR vice-president Azmin Ali taking over as the party's new Selangor chief from incumbent, Menteri Besar Khalid Ibrahim.

According to party insiders, the decision to separate party matters from state administration is to allow both leaders – Khalid and Azmin – to function according to their capabilities.

“It was also a move to ‘cool down' the resentment against Khalid’s administration among the Malay MPs and assemblymen in the state,” said a party insider.

Another insider said the spat between Khalid and Azmin dated back to 2008 when Khalid was appointed menteri besar after the general election.

At that time, there were talks that Khalid was just an interim leader as Azmin, favoured by party de facto leader Anwar Ibrahim, would take over soon.

However, with problems plaguing Khalid’s administration in the early years, Azmin was kept away to allow Khalid to solve them.

Party insiders said the arrangement was that Azmin would take over the reins of the state government once Khalid had ironed out the various thorny issues.

But this did not materialise as economic and political challenges and internal dissession kept PKR in a state of constant turmoil.

Besides, its other partners in the state are also not having a smooth time. Selangor DAP is entangled with the federal authorities such as the Malaysian Anti-Corruption Commission over various issues, while PAS has to contend with two camps in the state.

Selangor PAS chief Hasan Ali is said to be heading one camp while the other is led by Shah Alam MP Khalid Samad. The former is believed to be keen to get out of PKR dominance while the latter does not mind playing second fiddle to PKR since he is on the same side as Anwar.

Gloomy background

Given such a gloomy background, the PKR leadership seems to be contented with just letting Khalid overcome these challenges before handing the state with a “clean slate” to Azmin.

However, with the next general election looming, PKR MPs and assemblymen are rushing against time to deliver their promises to their constituents.

Party supporters are in need of projects to survive after having financially supported the elected representatives and more money is needed for the coming polls.

Fellow politicians are in a fix as to how to finance the next electoral battle since there are no more funds flowing in.

Khalid, it seems, is running the state in a business-like manner which does not benefit party supporters in anyway and this is not good politically.

On the other hand, Azmin, a political strategist and politician by nature, knows how to take care of the supporters and voters but since he is not helming the state, he is handicapped as far as filling up the supporters' cofffers is concerned.

Party insiders described the decision to appoint Azmin as Selangor PKR chief as one of buying time until the next general election since the party is not in good shape.

In fact, PKR is in a bad shape all over the country made worse by Anwar's sodomy trial, said one party insider.

“Whatever the outcome of the (sodomy) case, PKR is not strong to face the next general election

“There are already talks that two or three more PKR assemblymen might jump ship and remain independent in the coming months,” he said.

“When this happens, PKR may just slide into oblivion in Pakatan Rakyat while PAS and DAP take on the leading role in the state.

PI Bala's London date with MACC

By FMT Staff

SHAH ALAM: Private investigator P Balasubramaniam, whose two statutory declarations have caused ripples in the Altantuya Shaariibuu case, will meet with representatives from the Malaysian Anti-Corruption Commission (MACC) next Monday at Holiday Villa in London’s Baywaters district.

According to his counsel, Americk Sidhu, Bala will be be giving his statement involving the murder of Shaariibuu, a Mongolian model-cum-translator.

“We are scheduled to meet with MACC officials at 10am at Holiday Villas in Leinster Gardens, Baywaters next Monday.

“As requested by MACC, Bala will bring along the documents linked to the investigations,” Americk said.

As late as Friday last week, Bala had refused to meet with MACC after the commission imposed restrictions on his lawyers.

Americk said MACC investigating officer Abdul Rahman Bachok had said in an e-mail dated June 21 that the commission would not allow Bala’s lawyers to be present at the questioning.

But Americk disagreed with the conditions imposed, stating that Bala had a right under the constitution to have his lawyers present during investigations and that “that right over-rules any protocol instituted by MACC”.

Last Saturday, Americk was taken by surprise when MACC investigations director Mustafar Ali reportedly said that three officers from the commission’s nvestigations department would go to London to record Bala’s statements.

Mustafar reminded Bala to bring all his documents.

“We’ll be there, now that Mustafar has been magnanimous in allowing the presence of (Bala) lawyers during the questioning as was reported in the Star on June 26,” said Americk.

RM5 million offered

Balasubramaniam created controversy on July 3, 2008, when he distributed a sworn deposition in connection with Altantuya’s murder.

His statement alleged links between Prime Minister Najib Tun Razak’s close friend Abdul Razak Baginda and the deceased.

The next day, the private investigator retracted his statutory declaration and subsequently left the country with his family.

On Oct 27 last year, in the presence of three prominent lawyers, Balasubramian came out of hiding and reaffirmed that his first statutory declaration was true and that he was offered RM5 million to retract it.

In the no-holds-barred interview, he named businessmen Deepak -- who is said to be an associate of Rosmah Mansor, the prime minister's wife -- as the person who met him at a Rawang restaurant and made the cash offer.

He also claimed that Najib’s brother Nazim offered him RM5 million to retract the first statutory declaration, a charge which the prime minister has rubbished.

MACC had already recorded statements from Nazim and Deepak.

NS is ours for the taking, says state PKR chief

By Faizal Ezzany - Free Malaysia Today

SEREMBAN: Negri Sembilan is ripe for the taking provided Pakatan Rakyat shows good governance in Selangor, Penang and Kedah, said state PKR chief Kamarul Bahrin Abbas.

Commenting on the recent "G15" debacle in Selangor, he said a key factor which will convince voters is an effective and efficient PKR administration and election machinery.

"We must also ensure that the party machinery is shipshape from top to toe and show good governance (in other Pakatan states) and efficient administration of PKR,” said Kamarul Baharin.

In the March 8, 2008 general election, the opposition coalition made significant inroads in Negri Sembilan, which was once considered a BN fortress.

The Pakatan coalition won 15 state seats to BN’s 21. BN wrested five parliamentary seats in the state compared with Pakatan’s three.

Kamarul Bahrin, also the Teluk Kemang MP, said the mood among the people was changing and they were becoming comfortable with Pakatan and found its leaders easier to approach.

“Pakatan coalition leaders here are always present whenever and wherever there are people programmes and DAP, PAS and PKR leaders are ever willing to resolve issues.

“We are seeing real support on the ground and it is not surprising that membership in the parties is increasing," he told the inaugural state Pakatan convention here yesterday.

No to control by one race

He said the coalition cannot afford to be complacent, and its leaders must collectively work towards winning the hearts and minds of the nation's multiracial community.

“We have come together under one banner with the common aim of changing the political dominance of the current BN government, which is controlled by one race.

“The people have seen the difference and are thirsting for more.The Pakatan coalition in Negri Sembilan has matured since the 2008 election.

“We are focusing on our commonalities and leaving the differences to BN,” he said.