Zaid wants Anwar out, Azmin disqualified

By Stephanie Sta Maria - Free Malaysia Today

PETALING JAYA: Zaid Ibrahim has called on PKR supremo Anwar Ibrahim to step down and vice-president Azmin Ali to be disqualified from the deputy presidential race.

Analysis: Pulling out to give Azmin a hollow victory?
The former law minister, who withdrew from the number two contest yesterday, branded Azmin as a “cheat” and an “abuser of the election system”.  He also resigned from all party posts.
“I think Azmin has to be disqualified,” he told a press conference here this morning.

“You cannot -- just because you were caught in a particular division -- decide to hold a re-election there. People who abuse and cheat should be disqualified,” he said.

Zaid was referring to recent allegations that blatant fraud in Libaran, Sandakan and Tawau resulted in Azmin winning a large number of votes in those divisions.

“Miracles have taken place in these three divisions,” he remarked.

“But the verdict is still out on Azmin's leadership. He seems so focused on trying to conquer Putrajaya that he has forgotten how to be of service to party members and the rakyat,” he said.

Azmin yesterday denied that he was behind the election malpractices and electoral fraud as alleged by Zaid's camp.

Zaid, who was PKR's Federal Territories chief until his decision to step down yesterday, then turned his focus on Anwar whom he indicated was the other half of the party's problem.

“If PKR wants to move forward, Anwar and Azmin must go,” he declared.

“They are the source of the problem. Anwar, as the de facto leader, has failed to hold the party together (and) move the opposition forward with new policies. The litany of his failures are plenty.

“Anwar should step aside and let someone else take the helm. He has enough personal problems of his own to manage. Azmin is also one of his problems, so both have to step aside and allow PKR to be managed properly,” he said.

'We cannot blame others'

Zaid also dismissed speculation that his resignation and criticism were because the contest for deputy presidency had not unfolded in his favour.

Insisting that he was acting with “honesty and sincerity”, the former law minister said that he had a vision of what Malaysian politics should be, which is better leaders and policies.

“We cannot have a weak leadership and one that is always blaming others. We've blamed Barisan Nasional for the failure of Sept 16, the Perak coup and the defections of our MPs.”

“For PKR to revive itself, there has to be a new leadership. We need a leadership that can accept party weaknesses and overcome them. Of course we value the contributions of the old guards but times have changed,” he added.

Calling PKR “weak”, “fledgling” and “tottering”, Zaid warned that Pakatan Raykat would also suffer if PKR maintained the status quo.

No need to show proof

Zaid also dismissed Anwar's demand that evidence of electoral fraud and malpractices be brought forward to the central election commission (CEC).

According to him, the elections were in “shambles” and Anwar was allegedly denying investigations into the hundreds of complaints that had been lodged.

“I'm sure Anwar knows there is fraud so there is no need to prove anything,” he said.

“But if I have to, then I will submit my proof –- 162 complaints and a video recording -- to an independent body like Bersih.

“The CEC is aware of what's going on. Anwar should stop playing politics and pretending. I'm not the only dissatisfied one. There are other candidates who are dissatisfied. The only one who is satisfied is Azmin,” he added.

Asked whether he would be submitting an official quit notice to the party of his withdrawal from the elections, Zaid appeared to relent on his earlier refusal to do so.

“When it comes to rules, they are so strict. If they want me to submit a quit notice, then I will,” he said.

Yesterday, secretary-general Saifuddin Nasution said that Zaid was still in the race as he had only announced his withdrawal on his blog and not via an official quit notice.

Zaid initially refused to submit a quit notice, saying it was unnecessary for a party that had “no respect for procedures”.

In response to the possibility of him quitting the party altogether, Zaid coyly replied that he would stay on if the members could “accept the root cause of the problem and the solution”.

“If I am still a lone ranger, I will have to examine the options I have left,” he said. “But I will still continue the struggle for a better future for the country.”

Zaid withdrew from the deputy presidential race, citing rampant election irregularities. He also quit all his party posts with immediate effect.

His withdrawal allows Mustaffa Kamil Ayub to offer a tougher fight. So far, Mustaffa had been left far behind in the number of votes gained, and Azmin appears set for victory.

What the newspapers did not report and the MACC is hiding (part 1)

The Sultan of Selangor’s sister, Tengku Putri Arafiah ibni Almarhum Sultan Salahuddin Abd Aziz, has been implicated in a RM500 million scandal. This scandal involves the construction of a new hospital in Shah Alam that has turned bad. First read what the newspapers reported. Tomorrow, we will reveal what they did not report and will show you the RAHSIA documents which are in the hands of the MACC. Will the MACC dare pursue this case?

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Sunshine Fleet successfully blocks payment to sub-contractor

(Bernama) - Sunshine Fleet Sdn Bhd, the main contractor for the new Shah Alam Hospital and a company owned by the Selangor sultan’s sister, obtained an injunction from the High Court today to stop Bank Rakyat from releasing payment to GM Healthcare Sdn Bhd, the sub-contractor for the project.

High Court Judicial Commissioner Lee Swee Seng granted Sunshine Fleet’s application for an interim injunction to stop the bank from releasing the payment pending the disposal of a suit filed by Sunshine Fleet against GM Healthcare and Bank Rakyat.

Lee made the decision after hearing the submissions from Sunshine Fleet’s lawyer Jasbeer Singh and T. Gunaseelan for GM Healthcare.

Sunshine Fleet filed the suit against GM Healthcare and the bank, claiming that the bank should pay the balance of the project money, which was deposited by Jabatan Kerja Raya (JKR) for repayment of the project loan, to Sunshine Fleet after deducting the balance.

GM Healthcare in its counter-claim against Sunshine Fleet and the bank claimed that Sunshine Fleet was interfering with the contract between the company (GM Healthcare) and the bank

GM Healthcare said the bank, after deducting the project money from JKR for repayment of the loan, must release the balance of the money to it (GM Healthcare).

In another case, GM Healthcare had on April 23, filed a petition to wind up Sunshine Fleet, seeking for an order that the main contractor pay RM10 million to GM Healthcare, the sum allegedly owed by the company to GM Healthcare.

GM Healthcare filed the petition pursuant to Section 218 of the Companies Act 1965 which allowed the court to wind up a company if it failed to pay its debts.

****************************************

GMH lodges police report against Sunshine Fleet

(Free Malaysia Today) – GM Health Sdn Bhd, the sub-contactor to Sunshine Fleet Sdn Bhd, which is involved in the construction of Hospital Shah Alam, filed a report at the Section 11 police station here today.

Construction work on the hospital has since come to a halt.

GMH's chief executive officer Elvin Toh Chen Vin lodged the report after Sunshine Fleet instructed GMH to remove its building materials by 4pm today, failing which stern action will be taken against the latter.

Fearing for the safety of its staff, GMH lodged the police report.

Sunshine Fleet in its fax to GMH on Aug 11 cancelled its sub-contract agreement with the latter with immediate effect. The fax also read: “We hereby urge you to call off your workers/representatives from the site and remove all your materials from there with immediate effect.”

The fax also stated that Sunshine Fleet will take legal action against GMH if it fails to do so within the time frame given.

Elvin also alleged that Sunshine Fleet threatened to remove the building materials today.

“They (Sunshine Fleet) are forcing to vacate the site. Bad things may happen to us if we fail to do so. I had no choice but to lodge the police report,” Elvin said after filing the report.

When asked whether he will take legal action against Sunshine Fleet, he said the matter was still being discussed.

***************************************

Petition struck out to wind up Shah Alam Hospital project's main contractor

(Bernama) - The High Court today struck out a petition by a sub-contractor for an order to wind up the main contractor of the new Shah Alam Hospital project.

Judicial Commissioner Mah Weng Kwai struck out the petition when counsel for the petitioner, GM Healthcare Sdn Bhd, failed to turn up after the case was called up twice.

GM Healthcare has sought to get an order to wind up the main contractor, Sunshine Fleet Sdn Bhd, and the court was set to hear the petition today.

Counsel for Sunshine Fleet were also absent.

Mah asked Intan Azlina Mazlan, who was holding a watching brief for Putra Perdana Construction Sdn Bhd, a construction company and creditors of Sunshine Fleet, whether GM Healthcare's lawyers knew of the hearing date.

Intan Azlina replied that the lawyers should have known, as they were present in court when the case came up in July.

GM Healthcare had, on April 23, filed the petition under Section 218 of the Companies Act 1965 which allows the court to wind up a company if it fails to pay its debts.

In the petition, it sought an order for the main contractor to pay GM Healthcare RM10 million, the sum allegedly owed to GM Healthcare by Sunshine Fleet.

The money was supposed to be the advance payment bond or bank guarantee placed with the Public Works Department on behalf of Sunshine Fleet for the design, construction, equipping, commissioning and maintenance of the hospital.

The 300-bed hospital was expected to be completed by June next year.

*********************************************

Sunshine Fleet dispute settled out of court

(Bernama) - A dispute between Tengku Putri Arafiah ibni Almarhum Sultan Salahuddin Abd Aziz and her son Putera Azamuddin Shah Abdul Aziz over the winding up of Sunshine Fleet Sdn Bhd has been settled out of court.

This followed the withdrawal of a petition filed by Putera Azamuddin Shah to wind up the company, which is the main contractor of the Shah Alam Hospital, before High Court judge Mohamad Ariff Md Yusof in the judge's chambers today.

Counsel Datuk Rajan Navaratnam, who represented Putera Azamuddin Shah, told reporters afterwards that it was an amicable settlement and did not involve any costs.

Besides Rajan, also present was counsel Jasbeer Singh, who represented Tengku Putri Arafiah.

Putera Azamuddin Shah Abdul Aziz had filed the petition on April 27 against the company, Tengku Putri Arafiah and his mother's uncle Tengku Abdul Samad Shah ibni Almarhum Sultan Salahuddin Abd Aziz.

Sunshine Fleet is 70 per cent owned by Tengku Putri Arafiah, the Selangor sultan's sister, 20 per cent by Tengku Abdul Samad and 10% by Putera Azamuddin Shah, and all three are managing directors of the company.

In his petition, Putera Azamuddin Shah said the company was being managed improperly and he had been prevented from taking part in its management and financial affairs.

He claimed that he was not informed of two resolutions, which were passed at an extraordinary general meeting (EGM) held on Feb 1, 2007, to amend the company's Articles of Association.

The petition was filed under Section 181 of the Companies Act 1965, which entitles a minority shareholder to invoke the said section when there are concerns of oppression of the minority by the majority shareholders.

It also refers to situations where there are concerns that the conduct and affairs of the company are being handled in a prejudicial manner, not in the best interest of the company.

Outside parties, sore losers, third force and two-party system

Many say that Malaysia is not ready for a third force and that we first need to see the emergence of a two-party system. Now, before we debate this point we need to clarify certain matters and see whether we are on the same wavelength as far as the meaning of these things are concerned.

NO HOLDS BARRED

Raja Petra Kamarudin

Anwar: No reason to entertain "outside parties" and "sore losers": said Malaysia Chronicle. You can read the news item here (http://www.malaysia-chronicle.com/2010/11/anwar-no-reason-to-entertain-outside.html)

There is much talk lately about third force and two-party system. Now we have outside parties and sore losers as well.

I don’t know whether we are on the same wavelength as to what these words and phrases mean. So that we can engage in an intelligent discussion on the matter, I think we must first clear up whether we are of the same mind as to the meaning of all these things.

For example, when you say someone is a fundamentalist, you may actually mean that he or she is an extremist -- whereas to the person in question a fundamentalist is someone who follows the true and fundamental teachings of the religion. Therefore, to the first person, a fundamentalist is a negative thing (something not quite right with that person’s brain) whereas to the second it is positive (they are a purist).

Again, when you say someone is a liberal, to one person it is positive (this person is reasonable and modern thinking) whereas to another person it would be considered as deviant beliefs (not following the teachings too strictly and straying from the correct path).

A non-Muslim would look at a Muslim who drinks wine as good (this means the person is a liberal Muslim) whereas a fellow Muslim would not share that view -- it would be considered bad. So liberal can be both good and bad depending on where you stand.

So, now that we understand how words and phases can be perceived differently by different people, let us get back to the issue.

What would you consider as outside parties? Would Malaysians who voted for a certain political party in the last general election and who would like to see that particular party succeed be considered as outside parties?

What would you consider as sore losers? Would people who are not contesting the party election but would like to see a well-run election because this is the first one-man-one-vote party election in Malaysian history be considered as sore losers?

Okay, the next two issues are feedback I have received. Many say that Malaysia is not ready for a third force and that we first need to see the emergence of a two-party system. Now, before we debate this point we need to clarify certain matters and see whether we are on the same wavelength as far as the meaning of these things are concerned.

What is a third force?

What is a two-party system?

Does Malaysia have a two-party system or two coalitions of 17 parties?

Would a two-coalition system qualify as a two-party system?

Would a third force work opposed to a two-party system?

If so, in what way does a third force work opposed to a two-party system?

Would a third force complement a two-party system?

If so, in what way does a third force complement a two-party system?

Can a two-party system be easier achieved without the presence of a third force?

If so, how can a two-party system be easier achieved without the presence of a third force?

How would the third force hinder the emergence of a two-party system?

How do we achieve a two-party system? How would we do it and what is the formula?

Gani Patail stand accused of fabricating evidence in the Anwar Ibrahim “black eye” investigation in 1998, which stands unrebutted although made by the police officer responsible for the investigation 12 years ago

By Lim Kit Siang,

On April 14, 2010, in response to my statement “Call for RCI to conduct full inquiry on whether Israeli agents had infiltrated Bukit Aman” posted on my blog on April 10, 2010, I received following email from one Datuk Mat Zain bin Ibrahim, which said among other things:

“First and foremost let me declare that I was the Investigation Officer of the infamous “black-eye” incident,which need no further elaboration.

“My response are confined to certain remarks only which YB made in the above article,that are reproduced below;

“A good case in point was the 1998 “black-eyes” attack on Datuk Seri Anwar Ibrahim by the then Inspector-General of Police in the very inner sanctum of Bukit Aman, just some fortnight after losing his high positions as Deputy Prime Minister and Finance Minister.

The top police leadership even got the then Prime Minister, Datuk Seri Dr. Mahathir Mohamad to declare publicly that Anwar’s “black eyes” could be self-inflicted, when Anwar was nearly beaten to death by the then Inspector-General in Bukit Aman!

Finally, only an independent Royal Commission Inquiry could delve out the truth about Anwar’s “black-eyes” assault”

“I have to say it point blank that YB’s remarks as above are incorrect. I can’t blame YB for having made such remarks since you did not have sight nor would you ever be allowed to have sight of the investigation paper (IP)which I put up. However for YB’s benefit,I would suggest you have a look at the copy of my letter dated 15.4.2009 which I wrote to the Advisory Board and the various Committees of MACC,to have a better understanding of what exactly transpired during the course of the investigation.

“I can vouch that the top Police leadership too never saw the IP. I never briefed them nor took any instructions from them pertaining to the black-eye investigation. I was totally independent. I dealt direct with the AG’s rep. Tan Sri Abdul Ghani Patail (then Dato Gani Patail a senior DPP in AG’s Chambers ) and no others.

“It is also not correct for YB to say that top police leadership that got to (Dato Seri Dr.Mahathir Mohamed, the PM then (TDM), to declare publicly that Anwar’s black-eye was self-inflicted. It was I who met TDM on 8.10.1998 at about 8.15 am at the PM’s office.(that was less than two weeks from the time I was appointed the I.O.) I told TDM without hesitation that DSAI’s black-eye was due to assault and that the assailant was Tan Sri Rahim Noor (TSRN) himself. And that no one abetted TSRN. I gave my word to TDM that there would not be any cover-up in the investigation and that the IP would be completed in two weeks time,from then, and handed over to the AG for further actions.

“I must say that YB’s remark saying that only after the RCI was formed that the truth was known is also incorrect. In fact the assailant in this case was identified by the Police themselves which I conveyed to TDM on 8.10.1998.

“I have to state in defense of the Police that PDRM are able to conduct a ‘no-holds-barred’ investigation and the IP in point was the probe into the black-eye incident 1998. I assure YB that the comments I made above were all recorded in detail in the Investigation Diary (ID) and the special running report to the AG’s Chambers which are still in the IP. Some parts are attached to my letter dated 15.4.2009 to the MACC.

“One must follow the events that led to the establishment of the RCI by the Govt.in order to appreciate why it was set up. In short, the delay in completion of the investigation was due to the unprofessional manner the IP was handled by the AG Chambers, and in particular by Tan Sri Gani Patail himself. I can say without fear of favour that if there were misleads then it was Gani Patail who misled and if there was manipulations of evidence then it was he who initiated them.

“PDRM’s position regarding this investigation was firm in that it shall be done without fear or favour and to leave no stone unturned and to get it over as soon as possible irrespective of whoever the assailant be. That was what exactly we did and it was I who recommended to charge TSRN under Section 323 Penal Code for assaulting DSAI well before the RCI was set up.

“YB is fully aware that DSAI have lodged a report on 1.7.2008 alleging 4 individuals namely Gani Patail, Musa Hassan, one Dr.Abdul Rahman Yusof and myself to be involved in fabricating evidence in the black-eye investigations. This case was investigated by MACC.

“On 11.3.2009 YB Nazri Aziz announced in Parliament that a three-member Independent Panel appointed as DPPs under the CPC by the Solicitor General to study the investigation into DSAI’s allegations cleared Gani Patail and Musa Hassan of any wrong-doing. YB Nazri also mentioned that the Panel’s decision on Musa Hassan was “unanimous”(3-0) whilst on Gani Patail by “a majority”(2-1).

(The three persons appointed were two former Federal Court judges and one former Court of Appeal judge, viz: Datuk Abdul Kadir Sulaiman, Datuk Wira Mohd Noor Ahmad an Datuk Mohd Noor Abdullah).

“For YB’s information, it was the result of this announcement that I wrote the 15.4.2009 letter to the Advisory Board of MACC. Among the issues I raised was that DSAI alleged 4 people to have fabricated the evidence but the Panel ‘cleared’ only two persons namely Gani Patail and Musa Hassan. So I wanted to know my position and demanded that I be cleared.The details are found in my letter.

“The other important point which I raised in that letter was about the ‘validity’ of the appointment of the Panel Members as DPPs under the CPC by the Solicitor General(SG).

“I pointed to the Advisory Board that as far as I know,the SG have no rights or power under the CPC to appoint any qualified persons as DPPs. The only person that have the rights and powers to do so is the Public Prosecutor which must be exercisable by the PP personally as stipulated in Sec 376(4) CPC. I also stated in my letter that the SG only have the powers of a DPP and as such if the SG was the one to have appointed the Panel Members then,the Panel was not lawfully instituted. As such the Panel’s decisions or findings are useless and null & void. I went further to state that should the AG himself was the one who appointed the Panel Members then the issue of serious conflict of interest would arise since it was the AG himself who was supposed to be adjudicated in this case. Based on my interpretation of Sec 376 of the CPC and having been advised of the same, I am of the view that the ‘clearance’ given to Gani Patail and Musa Hassan are unlawful based on the grounds that the Panel was not legally instituted.

“The other point is that YB Nazri clearly stated that the Panel’s decision on Gani Patail was by a majority(2-1).Notwithstanding the validity of the Panel Members’ appointment, one Dato Abdul Razak Musa(Razak), the Director of Legal & Prosecution Department MACC, have affirmed in his affidavit dated 30.6.2009 and filed in the on-going sodomy case that the decision by the Panel on both Musa Hassan and Gani Patail are ‘unanimous’. So here either YB Nazri or Razak or both did not tell the truth.

“Razak further affirmed in that same affidavit that based on the findings of all the Panel Members he closed the case against Gani Patail only! This could also be taken to mean that the case against the other three namely Musa Hassan, Dr.Rahman and myself are still on-going. To me this is just ridiculous when the evidence on Gani Patail are so obvious and yet the MACC close the case against him ONLY. It only shows that MACC and the Chambers are prepared even to go to the extent of affirming false affidavit to screen Gani Patail from legal punishment.(for YB’s information this Razak is the Counsel for MACC in the TBH Inquest).

Yang Berhormat,I do not wish to write more than I should. I hope my response to your article would not take much of your time to comprehend and lastly I can assure you that the facts disclosed above are easily verified. Apart from that I have given my written undertaking to MACC and the AG’s Chambers that I’m prepared to disclose those facts in any judicial proceeding concerning this matter.”

In his letter to the Advisory Board on Corruption (Lembaga Penasihat Suruhanjaya Pencegah Rasuah Malaysia SPRM) dated 15th April 2009, Mat Zat wrote:

“Tanpa mengambil kesahihan perlantikan ‘Panel Bebas’ tersebut, seorang Yang Ariff Panel berkenaan telah mendapati Gani Patail terlibat dalam salah laku jenayah sekalipun sejenis jenayah yang dilakukan tidak dinyatakan.

“Selaku Pegawai Penyiasat kes ‘mata lebam 1998’, saya amat yakin, sekiranya Yang Ariff Ahli-Ahli Panel berkenaan dibekalkan dengan dokumen lengkap seperti yang terkandung dalam Kertas Siasatan yang pernah saya sediakan dahulu dan dibaca bersama dengan Laporan Suruhanjaya Di Raja, maka ketiga-tiga Yang Ariff berkenaan akan mendapati salah laku jenayah yang lebih dari itu.

Mat Zain then went on a great length to substantiate what he described as “Dakwaan ‘mereka keterangan palsu’ berkaitan Laporan perubatan keatas Anwar Ibrahim Dalam kes ‘mata lebam’ 1998” yang melibatkan Gani Patail dan Dr. Rahman.

Mat Zain telah mengistiharkan beliau serta Pegawai-Pegawai dalam Pasukan Khas kes tersebut dan juga pucuk pimpinan PDRM ketika itu tidak pernah mensubahati Tan Sri Gani Patail dalam memalsukan keterangan terhadap DSAI.

Malahan beliau menjelaskan bahawa beliau telah mengambil segala langkah yang perlu (yang dirakamkan dalam diari penyiasatan beliau) untuk menasihati dan menghalang beliau daripada melakukan sesuatu yang menyalahi undang-undang dalam penyiasatan kes mata lebam tersebut.

Mat Zain telah menasihatkan Gani Patail ketika itu, posisi Dr. Rahman yang sedang dalam siasatan Polis berkaitan satu kes ugutan jenayah keatas seorang Dr. Abdul Halim Mansar yang merupakan Pakar Forensik Hospital Kuala Lumpur yang mula-mula menyediakan lapuran kecederaan keatas DSAI atas permintaan rasmi beliau, dan penggunaan Dr. Rahman menyediakan lapuran perubatan bertentangan dengan apa yang telah disediakan oleh Dr. Halim, akan menyebabkan “complications” kemudian hari.

Rupa-rupanya Gani Patail telah mengambil kesempatan posisi Dr. Rahman sedemikian itu untuk mengarahkannya menyediakan sejumlah tiga lapuran palsu berlainan berkaitan dengan kecederaan DSAI dalam insiden mata lebam tersebut.

In my speech on the budget on Thursday 28th Oct., I had referred to Mat Zain’s Open Letter dated 8th October 2010 to Datin Kalsom Taib, wife and biographer of Datuk Shafee Yahya, former head of Anti-Corruption Agency, in response to questions asked in her book about police investigations into allegations against former Prime Minister Tun Dr. Mahathir Mohamad for abuse of power in June 1998 in ordering a halt to corruption investigations against Ali Abul Hassan Sulaiman, head of Economic Planning Unit as Mat Zain was the officer in charge of investigations into the allegations.

Mat Zain revealed in his Open Letter that he had written in May this year to Tan Sri Ismail Omar, then Deputy IGP and the Home Minister, Datuk Seri Hishammuddin Hussein, for a review of investigations into the false evidence produced against Anwar in the “black eye” assault case of 1998 “to protect the credibility, impartiality and image of the PDRM which had been serious affected since 2006”.
I told Parliament that Mat Zain made the very serious allegation that former IGP Musa Hassan and Attorney-General Gani Patail had allowed fabricated evidence in the Anwar Ibrahim “black eye” assault case and must be held responsible for the current mess of the criminal justice system.

Mat Zain had asked in the Open Letter:

“Apa sudah jadi dengan Sistem Keadilan Jenayah kita?….Siapa yang sepatutnya dipersalahkan? Siapa yang menyebabkan Sistem Keadilan Jenayah kita menjadi kucar kacir sehinggakan sesiapa juga boleh mempermain-mainkannya tanpa takut kepada sebarang tindakan dan hukuman undang-undang? Saya tidak teragak-agak untuk menyatakan bahawa keadaan ini berpunca daripada ‘precedent’ yang dibuat oleh Tan Sri Gani Patail dan Tan Sri Musa Hassan sendiri.”

I had said in Parliament: “Gani Patail, Musa Hassan or the Home Minister Hishammuddin and IGP Ismail cannot keep mum on this most incriminating and devastating Open Letter by a former top cop and I call on the Home Minister to give a full and satisfactory accounting on this matter to Parliament.”

I am shocked that the Home Minister, Hishammuddin did not reply to me at all on Mat Zain’s damning indictment of the criminal justice system and when I asked him why there was no response from him when he sat down at the end of his two-hour-long winding-up speech, gave the outrageous reply that I never raise the matter in my speech.

I am utterly shocked at it is all in the Hansard. Either the Home Minister was dishonest or he had been deceived by his officers, which means the Home Minister is not master of his Ministry.

How could this happen, unless it is part of a deliberate conspiracy to ignore and cover-up the biggest scandal in the history of criminal justice in Malaysia!

As adverted in his Open Letter to Datin Kalsom, Mat Zain said:

“Dalam surat saya kepada Tan Sri Ismail itu juga saya telah memberi ‘isyarat awal’ berkaitan pemerhatian saya mengenai penggunaan keterangan palsu dalam perbicaraan Sodomy II yang sedang berjalan.Keterangan palsu/tidak benar itu adalah dalam bentuk dua afidavit yang diikrarkan pada 30.6.2009 oleh dua Pegawai Jabatan Peguam Negara bagi pihak Pendakwa Raya.Perkara ini bukan rahsia kerana DSAI sendiri telah membuat laporan Polis Travers Rpt:5160/09 pada 21.7.2009 dan membuat kenyataan akhbar mengenai laporan ini terhadap, Dato Abdul Razak Musa Pengarah Pendakwaan dan Perundangan SPRM dan Timbalan Pendakwa Raya Hanafiah Hj.Zakaria dari Jabatan Peguam Negara, seorang Ahli dalam Pasukan Pendakwaan kes Sodomy II.

“Berpeluang meneliti kandungan dokumen-dokumen tersebut yang berada dalam public domain itu,serta mengetahui perkara sabjek yang terkandung dalam laporan Suruhanjaya DiRaja berkaitan,saya berpendapat yang dakwaan DSAI ada kebenarannya walaupun saya tidak mempunyai ekses lagi untuk mengetahui hasil siasatan berkaitan laporan tersebut.

“Saya memberikan isyarat awal ini adalah untuk PDRM mengambil langkah berjaga-jaga supaya tidak dijadikan “scape-goat” sekiranya sesuatu yang buruk berlaku dalam pendakwaan Sodomy II seperti mana yang menimpa PDRM dan saya dalam penyiasatan kes mata-lebam.

“Hari ini pula,ketika saya sedang menulis Surat Terbuka ini kepada Datin, tersiar pula secara meluas dalam akhbar-akhbar dan blogs mengenai seorang Rahimi Osman yang disenaraikan sebagai seorang saksi pembelaan,menghebahkan pula yang beliau dipaksa membuat Statutory Declaration (SD) untuk mengaitkan Dato Seri Najib dan Datin Seri Rosmah Mansor dalam kes Sodomy II ,yang melibatkan sahabat beliau Mohd.Saiful Bukhari Azlan dua tahun lalu.Dilaporkan pula kononya Rahimi Osman telah membuat SD yang baru pula.Ini mengingatkan kita kepada apa yang dilakukan oleh Private Investigator Bala dalam kes bunuh Altantuya.

Apa sudah jadi dengan Sistem Keadilan Jenayah kita? Seolah BAB XI dalam Kanun Keseksaan berkaitan Keterangan Palsu dan Kesalahan-Kesalahan Terhadap Keadilan Awam tidak ujud lagi.Siapa yang sepatutnya dipersalahkan?.Siapa yang menyebabkan Sistem Keadilan Jenayah kita menjadi kucar kacir, sehinggakan sesiapa juga boleh mempermain-mainkannya tanpa takut kepada sebarang tindakan dan hukuman undang-undang.Saya tidak teragak-agak untuk menyatakan bahawa keadaan ini berpunca daripada “precedent” yang dibuat oleh Tan Sri Gani Patail dan Tan Sri Musa Hassan sendiri.Jika mereka boleh merekacipta keterangan palsu dan menggunakan dua daripada tiga laporan yang dipalsukan itu pula dalam prosiding kehakiman Suruhanjaya Di Raja, dan kemudian mendabik dada mengatakan mereka bersih daripada sebarang salah laku jenayah;jika Tan Sri Musa boleh memberi keterangan palsu dalam perbicaraan dalam Mahkamah Tinggi Kuala Lumpur seperti yang dilaporkan oleh seorang Penggubal Undang-Undang YB R.Sivarasa dalam bulan Mac tahun ini, dan tiada tindakan dikenakan;jika Tan Sri Musa Hassan boleh mengemukakan Pernyataan Tuntutan yang tidak benar dalam samannya terhadap DSAI serta menuntut berjuta Ringgit sebagai ganti rugi pula dan menayangkan pula saman tersebut kepada dunia,maka P.I.Bala dan Rahimi Osman juga tidak bimbang akan tindakan undang-undang terhadap mereka.Cuma yang tidak bernasib baik, mungkin Brig.Gen (B) Datuk Mohamad Yasin Yahya bekas Panglima Brigade Sabah(saya juga tidak pernah mengenali beliau) yang telah berpuloh tahun menabur keringatnya mempertahankan kedaulatan Negara, akhirnya diaibkan dengan dituduh memberi keterangan palsu(walaupun kemudiannya didapati tidak bersalah) ketika memberi keterangan di-Mahkamah melibatkan satu kes Dato Ramli Yusuff.”

Gani Patail stand accused of fabricating evidence in the Anwar Ibrahim “black eye” investigation in 1998, which stands unrebutted although made by the police officer responsible for the investigation 12 years ago.

It is not made by an ordinary person but by a top cop in the country who was entrusted with the investigation into one of the blackest episodes in the history of the police and good governance in the country.

We have the bizarre and scandalous situation where the Attorney-General, the highest legal officer of the land who is also Public Prosecutor, stand accused of subverting the very law and Constitution which he is charged with upholding, undermining and subverting course of justice himself, and who dare not take steps to rebut these serious allegations of a top cop say by way of a Royal Commission of Inquiry!

On this score alone, a censure motion by way of a RM10-cut is fully warranted.

[Speech (part 1) in Parliament when moving RM10-cut motion for Attorney-General Tan Sri Gani Patail on Tuesday, November 8, 2010]

Aziz Bari: Politik Apa Yang Zaid Mainkan?

Dari TVSelangor

Sebagai seorang ahli politik yang bergerak dalam satu pasukan, Datuk Zaid Ibrahim tidak boleh sewenang-wenangnya bertindak melulu hanya kerana tidak berpuas hati tentang beberapa perkara dalam parti lalu membuka ruang kepada musuh untuk menyerang PKR dan Pakatan Rakyat, ujar Prof Dr Abd

ul Aziz Bari.

“Sebagai ahli parti beliau boleh bercakap apa yang dia hendak. Tetapi saya rasa sebagai pemain dalam pasukan dia kena bertanggungjawab dan cerdik

sikitlah.

“Jadi saya tidak fikir apa yang dilakukan oleh Zaid itu sebagai tindakan yang bijaksana. Maknanya dia tidak puas hati, dia bakar kapal,” ujar Aziz.

Aziz yang juga pensyarah undang-undang berkata, Zaid perlu bertindak profesional jika ada pun ketidakpuasan hati dalam isu pemilihan parti misalnya, kerana sebagai seorang yang dikatakan komited dengan perjuangan, tindakan beliau juga hendaklah rasional dan mendokong perjuangan parti.

Menurut Aziz, semua maklum dalam soal pemilihan ada kelemahan kerana ini kali pertama dan PKR berhadapan dengan ahli-ahli yang tidak biasa dengan
proses ini selain daripada sabotaj luar dan sebagainya, dan dia(Zaid) kena bersabarlah.

“Sebagai seorang yang kononnya komited dengan perjuangan

mendemokrasikan Malaysia baru, dia tidak sepatutnya mengambil jalan ini kerana ini akan menjadi bahan kepada musuh-musuh atau mereka yang tidak mahu berubah ini.

“Jadi saya rasa Zaid telah tersilap besar dan dia dengan tidak semena-mena menyediakan peluru untuk mereka yang tidak suka demokrasi, yang tidak suka
pembaharuan Malaysia,” tambah Aziz lagi.

Selepas membuat keputusan mengejut semalam dengan meletakkan semua jawatan dalam parti dan menarik diri dari pemilihan PKR, bekas Menteri Di Jabatan Perdana Menteri itu hari ini, turut mengecam supaya Ketua Umum, Datuk Seri Anwar Ibrahim dan calon Timbalan Presiden PKR, Azmin Ali berundur dari parti.

Ia turut mengundang reaksi dari Aziz.

“Siapa dia untuk menyuruh orang lain keluar. Dia boleh kata begitu sebagai seorang ahli parti tetapi saya fikir satu perkara yang lucu lah apa yang dia
minta itu. Orang akan kata, siapa Zaid untuk menyuruh Datuk Seri Anwar keluar dari parti.

“Datuk Zaid kena tahu siapa dia. Jangan semberono, main hentam sahaja. Apa yang berlaku ini pun tidak begitu ceria untuk masa depan dia dalam politik,” kata
Aziz lagi.

Tambah Aziz, walaupun beliau tidak mengetahui sepenuhnya apa yang berlaku dalam parti itu, namun beliau percaya, bahawa setiap ahli parti mestilah mempunyai iltizam yang kuat untuk membawa perubahan kepada negara dan tidak goyah ketika berhadapan dengan masalah.

Dalam nada sinis, Aziz seolah-olah memberi peringatan kepada Zaid agar kembali merenung matlamat asal pemimpin itu.

“Saya rasa kita sepatutnya tidak lupa dengan gambar besar untuk membebaskan Malaysia daripada rasuah, daripada penipuan,daripada tekanan, daripada ISA dan sebagainya. Dan saya rasa, apa yang Zaid lakukan hari ini, ialah sesuatu yang berlawanan dengan apa yang disebut sewaktu meninggalkan Umno.

“Sepatutnya sebagai seorang yang komited dengan parti dan perjuangan, dia semestinya tidak buat begitu,” jelasnya kepada Tv Selangor.

Bahkan menurut Aziz, tindakan seumpana itu menjadikan Zaid tidak ada bedanya dengan mereka yang keluar dari PKR kerana tidak mempunyai semangat juang dan matlamat yang jelas dalam parti.

Malah ujarnya, tindakan kurang bijaksana Zaid itu tidak akan meninggalkan sebarang kesan kepada parti melainkan kepada diri beliau sendiri.

” Dalam jangka masa panjang saya rasa tidak ada apa-apa. Sedangkan orang seperti Datuk Onn Jaafar dan orang seperti Tengku Razaleigh Hamzah sekalipun, tidak jadi apa setelah meninggalkan parti mereka, jadi siapalah Datuk Zaid ini kan…. Saya tidak fikir apa yang dilakukan beliau mendatangkan masalah pada parti. Saya rasa yang menerima risiko negatif itu dia sendiri,” katanya.

Obama and Illusion in Indonesia

He grew up

(Asia Sentinel) Or maybe in America

Barack Obama's visit this week to Jakarta prompted me to recall the feelings I had when he was elected president of the United States in 2008. At the time, I was bowled over by optimism for my country. Had we Americans, collectively, come to our senses?

It seemed that the bitterness and willful appeal to anti-intellectualism that characterized the eight long years of President George W. Bush's White House was gone. In the process, this man, seemingly out of nowhere, was being credited with ending centuries of racial division and ushering in an America that could debate ideas without barring anyone on the basis of skin color.

It is small wonder that here in Indonesia, and in many parts of the world, Obama was hailed as a "different" kind of American soft-spoken, open-minded, alive to different traditions. Where Bush the Younger had barely traveled overseas before he was elected president largely on the strength of his family's aristocratic political dynasty, Obama was a multicultural kid attuned to a globalized world.

I have had countless conversations with people in Asia and elsewhere in which I explained that not all Americans are purposely abrasive. We don't all want to conquer the world, I have heard myself saying. But this was all a bit wearing, as if I had to justify myself to an unsympathetic audience of strangers who accosted me in bars and airplanes simply because of my blue passport and Bush's embarrassing presidency.

Obama was going to fix all that, along with Iraq, Afghanistan, health care, a shattered economy, declining influence in the world and the brutally divisive politics of hate that define what passes for public discourse back home.

"This is a transformational presidency," I enthused to a close friend of mine. "We'll see," he answered.

It's not working out, of course. The American know-nothings, in the form of the "Tea Party," Sarah Palin's mutterings, Fox News and Web sites that claim Obama was born abroad quickly organized a counterattack and have now put Obama on the defensive following the mid-term election debacle. Rather than ushering in an era of civilized political discussion, Obama has prompted a vitriolic backlash in which an attempt to provide health care for uninsured Americans and to find a way out of the last administration's economic disaster are characterized as somehow "communist" and un-American.

I came of age in the late stages of the civil rights and anti-war movements of the 1960s in the United States and I remain unreconstructed in my belief that racism and overseas aggression have been the twin domestic and international plagues, respectively, of my country. Obama, I believed in my middle-aged burst of naiveté two years ago, would finally make it all good. We would all just get along, the wars in Iraq and Afghanistan would somehow end. I might even be able to afford health care if one day I returned home with my family.

Mind you, the burden of expectations place on Obama was obviously unrealistic. He is a politician, not a millennial figure sent from the heavens to redeem his people. He gives a good speech and he talks sense but his policies are far from perfect. He cannot fix the economy in a flash or remove the US from the quagmire of Afghanistan. The US is falling behind China and the rest of the so-called emerging world. As its power declines that fact alone is certain to prompt generations of angry political rhetoric from Americans who cannot understand what has happened and who will fight the inevitable at every stage, perhaps with tragic consequences.

This muted reality of who Obama is and what he can do will likely be reflected during his brief visit to Indonesia this week. He remains overwhelmingly important to the world, of course, but he is not running the victory lap that we might have seen a year ago if his first planned visit to Jakarta had come through. He is in a fight now for his political life against an array of domestic foes who seem to hate everything he stands for, many of them with barely disguised racist vitriol.

But I am still glad he is here. I think the visit is good for Indonesia and it at least shows that the US is not abandoning the field in Asia any longer. Indonesians have good reason to like Obama, not because he lived here as a child or because he reaches out to the Muslim world but because he really is an example of genuine diversity. No less than the US, Indonesia also needs to come to terms with those who would dismantle a vibrant tradition of secular harmony and religious tolerance. Obama is an ally in that struggle.

A. Lin Neumann is the editor in chief of the Jakarta Globe, with which Asia Sentinel has a content-sharing agreement.

Transformation starts with transition

By Thomas Lee

In one of my recent postings on Facebook, I stated that my choice for Prime Minister is Nurul Izzah, the intellectual and independent-minded eldest daughter of Opposition Leader Anwar Ibrahim.

My good old friend Chong Phow Yew asked why I opted for the unbranded maverick young lady, and not veteran DAP leader Lim Kit Siang or his popular luminous son Guan Eng.

True, either Kit Siang or Guan Eng will make a first-class PM, perhaps even better than Lee Kuan Yew of Singapore.

But the political reality in Malaysia is such that as long as the race factor is the major consideration in Malaysia, the pragmatism is that the time is not ripe yet for the acceptance of a non-Malay PM, even if the person is a Chinese Muslim. It took the US more than 200 years to finally accept and elect a Black American as its president. Even so, President Barrack Obama’s religious faith is a matter of controvery until now.

A period of transition is needed, during which liberal moderate and intelligent Malays like Nurul Izzah, Zaid Ibrahim, Khalid Ibrahim, Nizar Jammuludin, Khalid Samad, Harris Ibrahim, Raja Putra Kamarudin and many others, who have no racial inferiority complex, no intellectual insecurity, and no social inadequacy, could initiate a mental revolution among the new generation of Malaysians to have a broadened perspective in life and thoughts.

Hence, I strongly support the sending of our students overseas for further studies, hoping that the exposure, experience and education would help in broadening their worldview and transforming them to be more rational, inclusive and judicious in their life and thought, with a real discreet sense of values and wisdom.

Unfortunately, this is not happening, as most of them who are supposed to be “educated” nowadays seem to lack the intelligence and intellectual capacity, the sagacious discernment, good judgment, and astute ability to accurately assess situations or people. Some are downright dishonest to what they personally know and understand, and sell their souls and principles for the sake of money, positions and power. Take the case of one who calls himself an “intellectual” who wrote a doctorate thesis on the evil of the Internal Security Act (ISA), but who rebuts his own research findings by endorsing and supporting the oppressive law when offered a top government post.

Basically, what is woefully wrong in our nation is the fundamental lack of a clear and comprehensible education philosophy based on truth, honesty, scholarly orientation, and an objective worldview. What we are having now is a baffling perplexing education system premised upon racial and political expediency, with nary a concern for the real mental and intellectual development of the young minds. Even a very ingenuous matter like the learning of languages such as English or mother tongues has been turned into a controversial polemic dispute with an ugly racial overtone.

The recent proposal by the federal government to make History a must-pass subject in the SPM has, not surprisingly, elicited reactions and responses from various quarters, mostly concerned about the reinterpretation and reenactment of the local history based on racial factors.

History per se is a very subjective subject, involving the interpretation of events, facts and figures. The narration of historical events is generally coloured by the personal perception, bias, and skewed orientation of the interpreter. The fact that an event took place could not be disputed, but how and why it happened are subjected to interpretation by the historian. The May 13 incident, for example, did happen, but there are many versions of how and why it happened, depending on who is doing the interpretation and reporting of the incident.

Hence, the study of History in our schools is a highly contentious and querulous matter, especially with regards to the official textbooks which are perceived by many people to be tainted with twisted inferences to promote certain racial agenda or political objective.

What we need now is to work for a real transformation of our nation into a truly demoncratic liberal society with thriving and flourishing fundamental common universal values such as the acceptance and respect for each other, without the discriminative coloured considerations of racial, religious, cultural, linguistic, gender, and economic class status. The basic human, civil, and constitutional rights of all citizens must be preserved, protected and promoted.

The destiny of our nation and the fate of our children are in our own hands, and what we, as citizens of Malaysia, must do is to stand up and be counted, by doing our individual part in the promotion, persuasion, and performance of tranforming our nation into a place where everyone of us is proud to call home. Don’t allow the march to Putrajaya to turn from a virtual dream into a dreadful nightmare!

Controversy In PKR: Sign From God, Says Shafie

KUALA LUMPUR, Nov 9 (Bernama) -- Umno vice-president Datuk Seri Mohd Shafie Apdal said the turmoil and latest controversy in Parti Keadilan Rakyat (PKR) were signs from Allah for the people to reject the opposition party and continue to choose Umno and Barisan Nasional to rule the country.

He said Umno was not the cause of the controversy although it was always blamed for the problems in PKR, but this showed that PKR was not true to its objectives.

"The turmoil and controversy show serious weaknesses in the party, and that it is incapable of shouldering a bigger responsibility -- governing the country.

"It also shows that truth triumphs over falsehood. This is a sign from Allah for the people," he said.

Shafie said although Umno and BN were not perfect where the shortcomings were being addressed, it had a proven track record in maintaining stability and prosperity in the country.

On Monday, Datuk Zaid Ibrahim made a shocking announcement that he had quit from all party posts and withdrawn from the party election for the deputy president post.

On Tuesday, he uged PKR de facto leader Datuk Seri Anwar Ibrahim and party vice-president Mohamed Azmin Ali to withdraw from the party, blaming them for the problems in the party.

MCA deputy president and Health Minister Datuk Seri Liow Tiong Lai said PKR's own leaders did not trust the party's election system and that Zaid's withdrawal from the contest showed the party had no clear direction and struggle.

Liow said this when met by reporters at the official opening of the Ampang Hospital by the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin Tuesday.

Meanwhile, Datuk Seri Dr Ahmad Zahid Hamidi, another Umno vice-president, said the door was always open for Zaid if he wished to return to Umno, "which is a strong and the best party for him to continue his political struggle".

"If people have left Umno out of dissatisfaction and joined another party which eventually showed more and bigger weaknesses, then Umno is still the better party," he said after the launching of the National Defence Policy at the Defence Ministry, here Tuesday.

Puteri Umno chief Datuk Rosnah Abdul Rashid Shirlin said the latest controversy in PKR showed favouritism reigned in the party which had made some leaders and members feel alienated.

"This is a party for friends. If you are not in Anwar's group, you will be sidelined and it is clear that Anwar wants Azmin to be the deputy president," she said.

Home Ministry ordered minor locked up under law for adults, court told

The Malaysian Insider 
By Debra Chong

KUALA LUMPUR, Nov 8 — The Home Ministry gave an order to detain a teenage boy under the Emergency Ordinance (EO) earlier this year not knowing he was still a minor, the High Court here was told today.

Jiegandran Panir Selvam was 17 when he was arrested by the police, allegedly for being involved with a hardened gang of motorcycle thieves, and then locked up for 60 days under the preventive law previously used on communists.

Jiegandran, who reached the age of maturity on May 22 this year, is challenging the Home Ministry for detaining him illegally while still a child.

The teen’s lawyers, arguing for his release, pointed out that under the law a person below the age of 18 is still a child and cannot be punished as an adult.

The schoolboy, who would be sitting for his SPM examination now, was locked up at the Semenyih Detention Centre from January 12 to March 11 and was later placed under restricted residence by order of the same ministry.

Banished to Linggi, Negri Sembilan for the next two years, Jiegandran wants the High Court to revoke the ministry’s order so he can return home to his family in Selangor.

He has been relocated to Lenggeng, another district in Negri Sembilan closer to the border with Selangor since September 24, Yohendra Nadarajan — another of Jiegandran’s lawyers — told The Malaysian Insider today.

In making their case before judge Datuk Mohd Zawawi Salleh of the appeals and special powers division of the High Court today, lawyers Daniel Albert and Syahrezan Johan suggested Deputy Home Minister Datuk Wira Abu Seman Yusop may have been wrongly informed of Jiegandran’s age.

In his affidavit, Abu Seman had admitted he gave the order after reading the police report on the teen, but the lawyers pointed out that investigators had recorded Jiegandran to be 18 years old at the time of arrest on December 21 last year.

“He was a child. He doesn’t know his rights. He wasn’t told he had [the] right to counsel, he wasn’t told he had the right to a welfare officer, he wasn’t even allowed to inform his parents [he had been arrested],” Syahrezan said.

“The [deputy] minister gave the order the assumption the applicant (Jiegandran) was no longer a minor,” he added.

The lawyer’s remark drew Mohd Zawawi’s attention.

“So the entire decision was made on the wrong fact?” the bespectacled judge asked, for confirmation.

Syahrezan and his partner nodded emphatically.

“This should have been the first point. It’s significant… You should expand on this,” the judge advised.

Both Syahrezan and Daniel had circled around the issue earlier while speaking at length about Parliament’s intent in passing the Child Act in 2001 to protect the rights of persons under 18 years old, as well as the United Nations’ 1989 Convention on the Rights of the Child (CRC), an international treaty which Malaysia had signed on and was committed to uphold.

But senior federal counsel Amir Nasruddin who represented the Home Ministry argued that the rights of minors only applied to ordinary criminal laws and not preventive laws such as the EO.

“The law applies to everybody,” he stressed.

Amir maintained his stand, even when pointedly quizzed by Mohd Zawawi about Abu Seman issuing the order based on a wrong fact.

The government lawyer told the court that Jiegandran had been taken in several times before by the police and had a history of associating with a violent group that had showed elements of organised criminal behaviour.

The judge, however, did not appear to be convinced.

Mohd Zawawi instead told the lawyer to prepare better arguments grounded on the law to support his submissions before adjourning hearing to November 18, at 2.30pm.

Khalid Ibrahim and the mega tower

By Anil Netto,

I can’t say I was surprised to read reports that the Selangor MB appeared less than unequivocal in expressing opposition to PNB’s proposed mega tower. 

His subsequent back-tracking on his initial apparent support for the project was reported in the Malaysian Insider here.

Apparently, the 240,000-strong Facebook opposition to the tower didn’tt seem to count for very much – nor Anwar’s and Khalid Samad’s vocal opposition to the tower. As if PKR didn’t have enough problems as it is!


In the end, Khalid posted the following note on his Facebook: “Selangor is ready to work with the Federal Territories in the development of Klang Valley, but it will not support mega-projects such as the Menara Warisan Merdeka.”

Khalid comes from a corporate background that perhaps thinks large property projects will provide a strong (short-term) multiplier effect on the economy. Such is the corporate mentality that thinks that any urban property development is beneficial development that would “unlock” any unrealised profits on land valuation and spur economic activity in the short to medium term – never mind the long-term congestion and projected occupancy rates. (I suppose it’s hard to find a politician who can think beyond five years i.e. the next election.)

Of interest is that Khalid was PNB CEO from 1979 to 1994. He was also CEO of Guthrie from 1995 to 2003. During his tenure, Khalid tried to diversify Guthrie’s plantation-based activity through the Guthrie Corridor Expressway property development project. Guthrie has since been merged into Sime Darby.

PNB has now set up wholly-owned firm PNB Merdeka Ventures Sdn Bhd to undertake the mega tower project, according to The Star. It is headed by Tengku Abdul Aziz Tengku Mahmud, who was reportedly from Guthrie Property Development Holdings Bhd and Sime Darby Property Bhd. As CEO of Guthrie Property, Tengku Abdul Aziz was also involved in developing the GCE. (See Star report from 2006 here.)

Maybe Pakatan will clean up obvious or outright corruption and wastage, but at the end of the day, we have to ask, how different will its overall model of economic development be from the BN’s? Are we still going to be driven by an unsustainable construction frenzy, which creates periods of boom and bust and brings along much misery in its wake?

WARNING

Anwar: Zaid's decision could be due to Sabah losses

Obama backs India for top UN seat

Barack Obama, the US president, has backed India's bid to obtain permanent membership of the United Nations Security Council.

In a speech to the Indian parliament on Monday, Obama said that he looked forward to "a reformed UN Security Council that includes India as a permanent member".

India has been lobbying for a fixed seat on the UN's highest body for years, a reflection of the Asian country's growing global weight and its challenge to rival China.

India says a seat on the council would reflect the importance of the G20 nation as its trillion dollar economy helps spur global growth and its government exerts increasing influence over issues from Doha trade to climate change talks.

"Let me suggest that with increased power comes increased responsibility," Obama said in his speech on his first official visit to the world's largest democracy.

'Defining moment'

Al Jazeera's Prerna Suri, reporting from New Delhi, said India is celebrating the endorsement from the US.

"Obama is really giving India everything it wanted from this visit. This is a defining moment in their relationship. For the first time the United States is actively backing India.

"Of course, there are many realistic people in the [Indian] administration. They know that without United Nation reforms, India's hopes of getting that seat are quite limited.

"But nonetheless, the party has begun here in India."

The foreign ministry in Islamabad, the Pakistani capital, was quick to denounce the US endorsement of India's UN bid.

In a written statement, it said: "India's aspirations for recognition as a global power notwithstanding, there are reasons enough to discredit this proposed direction of the process of UNSC reforms, such as India's conduct in relations with its neighbours and its continued flagrant violations of Security Council resolutions on Jammu & Kashmir."

The statement also says that Pakistan hopes the US will make a moral judgment, not based on "any temporary expediency or exigencies of power politics".

Business deals

Obama's trip with more than 200 US business executives, along with his UN announcement, underscored the growing importance of India, which by 2020 is expected to be one of the five largest economies in the world, along with Asian powers China and Japan.

The president is seeking to open up India's massive, yet often underdeveloped and restricted markets, in a bid to help counterbalance the rise of China.

During his three-day trip - the longest stay in any foreign country by Obama - the US leader announced $10bn in business deals between the two nations.

The president hopes that he will be able to reassure voters at home that countries like India offer benefits for US jobs rather than causing unemployment through outsourcing.

The UN move comes as India increasingly competes with China for global resources, from Africa to South America.

But its economic assertiveness has often been accompanied by cautious diplomacy on issues like Myanmar and engagement with Iran.

Attaining the UN seat could face resistance from some of the UN Security Council's five permanent members - Britain, China, France, Russia and the United States.

Since the body's inception, the UN Security Council has had five permanent members, each with the power to veto resolutions.

It has been criticised for not reflecting global 21st century power.

'India has emerged'

The West is increasingly dependent on India and China to power their moribund economies and it is unclear how much Delhi will reciprocate by opening its economy more to foreign firms.

"I don't think India is emerging. It has emerged. India is a key actor on the world stage," Obama told a joint news conference with Manmohan Singh, India's prime minister, earlier on Monday.

Obama will also visit Indonesia, South Korea and Japan on the tour that will see Washington push to prevent countries unilaterally devaluing currencies to protect their exports, a top theme at the G20 summit in Seoul this week.

Obama has also announced the US will relax export controls over sensitive technology, another demand of India's.

Sectors like retail and the financial services are restricted to foreign investors and there are few signs that Singh's ruling Congress party has plans for any major reforms soon.

Francisco Sanchez, the US under secretary of Commerce for International Trade, said the US wanted greater market access to India's infrastructure and energy sectors.

India has targeted to spend $1 trillion over five years on upgrading its poor infrastructure, from potholed roads to log-jammed ports.

UN scepticism

For all the talk of a UN seat, it could take as much as a decade to achieve, with some in the US sceptical as India has often stood against the US in UN votes.

"The UNSC (UN Security Council) is not going to be reorganised in the next eight to 10 years," Gurmeet Karmal, the director of Centre for Land Warfare Studies, a New Delhi-based think-tank, said.

"I do not think China will openly come in the way, but they will encourage some of its friends to vote against any such move."

The US leader also warned that India would have to take a more responsible role in international affairs, such as pressuring Myanmar to embrace democracy.

"India has often shied away from some of these issues. But speaking up for those that cannot do so for themselves is not interfering in the affairs of other countries."

Obama is walking a diplomatic tightrope in New Delhi, on the one hand trying to boost diplomatic and business ties with India while on the other ensuring relations with Pakistan and China, nations often at loggerheads with India, stay stable.

He has criticised US ally Pakistan over its failure to clamp down on fighters within its borders.

India has long expressed scepticism at US support for Pakistan, saying Islamabad is hoodwinking Washington by taking aid while also backing fighters in Afghanistan.

Singh appeared to rebuff calls by Obama for India and Pakistan, who have gone to war three times since independence in 1947, to move forward on peace talks.

"You cannot simultaneously be talking and at the same time the terror machine is as active as ever before," Singh said.

Source:Al Jazeera and agencies

Gunasegaran’s immolation: Funeral procession to Anwar Ibrahim’s house (If anything happens) demanding land for all Hindu Temples & cemeteries, Tamil Schools & Indian villages on wholesome basis and not piecemeal basis

Gunasegaran bakar diri halang PKR,DAP & PAS roboh Kuil Hindu Puchong. Jika apa2 berlaku perarakan mayat depan rumah Anwar Ibrahim d Segambut protes Anwar,Lim Guan Eng & Hadi Awang tak beri geran tanah kepada semua Kuil, Sekolah Tamil, Setinggan India & Kubur Hindu d Selangor,Penang & Kedah untuk penyelesaian tetap. HINDRAF HRP Sebarkan

Publish Post

Letter Of Complaint To The UN High Commissioner For Human Rights Denial Of Fundamental Right Of Primary Education To Malaysian Indian Children

Letter Of Complaint To The UN High Commissioner For Human Rights

Denial Of Fundamental Right Of Primary Education To Malaysian Indian Children

I write this complaint of a serious violation of fundamental Human Rights on behalf of a community of plantation workers, former and current, in a rubber plantation called Ladang Batu Kawan in the State of Pulau Pinang in Malaysia.

This community has resided in this vicinity for over one hundred years, since being brought here to man the plantation from South India. At least 6 generations of school children have been brought up in the little estate school called SJK(T) Ladang Batu Kawan, prior to it being destroyed in a fire in 2002. The school moved to its current location close-by. At this current location the school is housed in a small house of a former estate clerk topped up with 4 units of transportation containers. There are a total of 134 students as of Oct 2010 in this school. The school has eleven Teachers plus a Headmaster.

The Human Rights violation and the content of our complaint is that the young of this community, one of many such communities in Malaysia has been systematically denied their basic rights to sound Primary education as a result of racist Government Policies. The lopsided application of the national resource away from communities such as these is driven by racial motivation on the part of the Malaysian Government. We have no recourse within the country to effectively address this problem, so we raise it to the United Nations and we hope that the UN will intervene on our behalf. Equality is not treated as a natural order in Malaysia. This complaint is a cry for help. We do hope that your Office as a Supervisor for worldwide human rights will rise to the occasion and help us in our need.

The Malaysian Federal Constitution states that:

Article 8. (1) All persons are equal before the law and entitled to the

equal protection of the law.

Article 12. (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—

(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees;

or

(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained

by a public authority and whether within or outside the Federation).

As you can make out from the above, the Malaysian Government is in serious violation of these Constitutional guarantees. This school, like so many others like it, has been in this state of dilapidation for over 53 years, since independence. Yet, the Malaysian Government feels no compulsion whatsoever to redress this situation, in spite of the guarantees given in the Constitution at the formation of the nation.

There is a large allocation of National Annual budget towards education. That allocation has been mostly directed to schools other than these former estate schools. As an indication of this bias, in the period 1995 to 2000 the allocation to these schools was just 1% of the total allocation for Primary schools. 50 % of the Malaysian Indian children or about 100,000 Indian children attend such schools. 50 % of the future of a community is in jeopardy and all the social indicators point to a devastating future if nothing is soon done about this problem of foundational education. As it stands, Indian youth involvement in crime is the highest among the three main ethnic groups, Indian youth are underemployed and human capital is wasted in very low value adding vocations, suicide rate is highest among the three ethnic groups. These are but some indicative statistics of the dire nature of the situation and very clearly point to a community in distress.

Our specific complaint is that this is all a systematic result of the racist policies of the Malaysian Government where the minority Indian poor in Malaysia continue to be considered immigrant laborers and treated as second or even third class citizens – much like the colored and black people were treated by the Apartheid South African regime in the heydays of Apartheid. As a result of this National Policy of conscious neglect, this school in Batu Kawan Estate has been totally starved of development funds leaving it in this dilapidated condition – it has no library, it has no playing field, it has no proper canteen, it has no computer, the children sit in sultry and hot cabins during class and there is no room for any growth, it does not sit on its own land. The Batu Kawan School is but one sample of the 370 partially aided Tamil Primary schools throughout the country, whose fates are not much different. I believe the young Indian children derive their self worth from this foundational education. This systematic deprivation hits them and the future of the entire minority Indian community at the core. Something must be done soon.

In addition, we want to raise to your attention that Malaysia is signatory to the following key UN conventions and has treaty obligations to observe these Conventions. Malaysia is in breach of the following covenants of the conventions below;

1) Universal Declaration of Human Rights

Article 1.

* All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

* Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 26.

* Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2) Convention on the Rights of the Child

Article 2

* States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Article 28

* States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
o Make primary education compulsory and available free to all;

Given this sordid state of affairs, it is our humble request that the United Nations intervene in this situation in a manner appropriate to relations between the UN and member countries and provide the motivation to the Malaysian Government to urgently and seriously address this acute problem of deprivation of sound Primary education to the minority Indian citizens of Malaysia. For what is at stake is more than funds and hardware, it is the future of a significant minority community of the country.

We are available for any further information that you may require and we can be contacted at the above address. We are forwarding this letter to you through the office of the United Nations Development Program Office in Kuala Lumpur and we will appreciate a positive response from you.

Thank You.

Yours sincerely,

Kalai Selvan

The Human Rights Party of Malaysia

State Committee Chair (Pro Tem)

State of Pulau Pinang

Penang Address: D1 – 3 -15 Bandar Perai Jaya 3,

13600 Perai,

Pulau Pinang,

Malaysia

Handphone No: 60125637614

Email: kalay1210@gmail.com

Cc: Hon’ble Ban Kim Moon

Secretary General Of the United Nations

Cc: Mr. Kamal Malhotra

Country Officer

UNDP office

Kula Lumpur

Selangor Exco Member Loses RM70,000 Cash, Valuables To Burglars

Nov 8 (Bernama) -- Dr A. Xavier Jayakumar, chairman of the State Health, Plantation Workers, Poverty and Caring Government Committee, said the thieves had taken a safe containing some cash, jewellery and international passports as well as a laptop computer and a camera.

Selangor EXCO at the police station two years ago

US President Barack Obama and first lady Michelle Obama scatter rose petals at the Mahatma Gandhi memorial at Rajghat in New Delhi today, November 8, 2010. — Reuters pic

Man sets himself on fire to stop demolition

By FMT Staff

PETALING JAYA: A 52-year-old MIC man today set himself on fire in an attempt to stop local council authorities from demolishing two wooden structures belonging to a Hindu temple in Puchong.

He suffered severe burns on his face and stomach and is being treated at the Serdang Hospital. It is learnt that his condition is critical.

The drama unfolded this morning when a team of enforcement officers from the Subang Jaya Municipal Council (MPSJ) arrived at the Sri Srinivasa Perumal Temple in Pusat Bandar Puchong to tear down the two wooden structures.

The two structures, which the enforcement officers said were illegal, housed the temple's chariot and was used as a store room.

They were located in a land belonging to the Castlefield Tamil School. The temple itself is located at the other end of the land. The temple committee has been using the structures on the land for the past 10 years with the permission of the school.

As soon as the enforcement officers arrived, Puchong MIC division information chief M Gunaseelan tried to stop them from proceeding with the demolition.

“When they failed to listen to him, he climbed onto the roof of the wooden store room and set himself on fire,” said an eye-witness.

Gunaseelan then rolled down the roof of the building and fell on the ground. Several people then help to douse the fire on him.

He was immediately whisked away to Serdang Hospital where he has been placed under the ICU. No one is allowed to visit him. His family members are keeping vigil outside the ICU ward.

School wants kindergarten
The wooden structures were torn down by the MPSJ enforcement officers who were assisted by Rela personnel. They are scheduled to return tomorrow to complete their task to clean up the place.

FMT learnt that the school wants to build a kindergarten on the plot of land where the two structures stood. The temple, however, has its own plan to convert that spot to build a marriage hall.

Last-minute pleas by the temple officials for the demolition to be stopped were brushed aside by the MBSJ officials.

It is further learnt that the MPSJ officials were brought to the spot by a contractor who was bidding to build the kindergarten.

The school claims that part of land was given to it by a contractor and it had only allowed the temple to squat on it.

MIC Youth chief and Puchong division leader T Mohan told FMT that the matter could have been settled amicably between the school and the temple.

“We are now talking to them so that we can resolve this issue. The structures have been demolished but we will have to see how to move forward so that both the school and temple can make use of this land,” he said.

He also hoped that Gunaseelan would recover soon from his burn injuries.

“It is shocking. I have not been able to see him at the hospital but I hope he will be okay,” he said.

Ex-PKR official pours scorn on Anwar, Syed Husin

By B Nantha Kumar - Free Malaysia Today

UPDATED KUALA LUMPUR: PKR’s de facto leader Anwar Ibrahim and outgoing deputy president Dr Syed Husin Ali today came under stinging attack from a former party official who alleged that they had sullied the party’s reputation by their style of leadership.

"Thanks to Anwar Ibrahim, (PKR deputy president aspirant) Azmin Ali and the leadership of PKR, the party's reputation has indeed gone to the dogs," said P Jenapala, who was the party’s deputy secretary-general until 2008.

"It is time to get your heads out of the sand and acknowledge this fact,” he said in a statement read out at a press conference here today.

Jenapala announced last Sept 17 that he would vie for PKR’s deputy presidency, but secretary-general Saifuddin Nasution Ismail said he was not eligible because the party had sacked him in February last year for forming another political party.

In 2008, Jenapala had to quit his official post because he was a bankrupt.

His remarks today surprised observers because he directed half of the venom at Syed Husin, a respected figure inside and outside PKR who is often treated with kid gloves even by those exasperated by his political style.

“I challenge any of you—Anwar Ibrahim or his allies—to sue me if what I said is untrue,” Jenapala said.

"To Dr Syed Husin Ali, I have to say this. I used to have a lot of respect for you but since you have become Anwar Ibrahim's lackey and a willing partner in the propagation of his lies, I have completely lost my respect for you and so have most others in this party.

"I ask you, where is your integrity? Stop defending Anwar Ibrahim when he is attacked because you know what the truth is. Instead you have chosen to defend the lies and attack the truth. Where have your morals gone?”

Barking dogs
He said when attacks were levelled at Anwar or PKR for obvious flaws, including the alleged fraud in the on-going PKR polls, Syed Husin and his "brand of pseudo socialists” would come to the opposition leader’s defence “like barking dogs”.


His statement also referred to Zaid Ibrahim’s pullout from the deputy presidential race and resignation from all party posts.

He noted that Zaid managed to win 40% of the votes cast so far despite the alleged fraud.

"What this means is that at least 40% of party members are fed-up with you, Anwar Ibrahim, and do not trust you anymore,” he said.

“Anwar Ibrahim, I am calling you a brazen liar and a shameless fraud. Sue me if you dare."

“For long we have tolerated the ‘special relationship’ between Anwar and Azmin. All leaders within the party are aware of this ‘special relationship’ and are willing to lie to protect it but it is high time the lying stops.

“PKR is supposed to fight for the rights of the people – not Anwar's personal battles. And certainly not to waste our time covering up all his lies,” he added.

The contest for the PKR deputy presidency is now a straight fight between Azmin and Mustapha Kamil Ayub. Both are currently vice presidents in the party.

PKR became the first political organisation in the country to introduce the one-member-one-vote system. The staggered polls for top positions in the party began two weekends ago and are expected to come to a close at the end of this month.

Injunction to stop party meeting
On another note Jenapala also said he would apply for an injunction from the courts to stop the party's national congress, scheduled for Nov 26.

"I once again urge the party's top leadership to call off the party elections, failing which they will face legal action. Since the elections process is riddled with irregularities, the national congress should also be stopped," he said.

He added he had locus standi to initiate such an action since he was a party member, although this had been refuted by PKR headquarters last month.

"They said I was not a member but I had subsequently showed proof that I am indeed a member and they have not refuted this. So I still consider myself to be a PKR member," he added.

Jenapala said PKR secretary-general Saifuddin Nasution Ismail was still silent on his membership and had never refuted his claim that he was still a member of the party.

"As far as the party leadership is concerned, they have not produced any evidence to proof that I was sacked from the party... so I consider myself a party member," he said.

Who is important: Zaid, Azmin or PKR?

1. Zaid Ibrahim critics called him by many names. Among others these include being a coward, a non team player and someone who runs away from problems. Others say that this is his trademark. He ran away once in UMNO when he faces obstacles and now he is running away again. I remember reading it from somewhere that when ZI joined PKR, his critics said that he wouldn’t last. History has shown to be true.
   
    
2. It is not easy being newcomer especially one that has a strong character and has high expectation in making a change. Having a strong principles and strong attitude can be regarded as arrogant by some especially people those opponent that wants to make an issue out of it. Fact remains that if the party cannot govern itself professionally then how can one expect it to govern the nation. Zaid resignation has greater impact on the party and the people than the cumulative impact of Zulkifli Noordin and Zahrain Hashim leaving the party months ago.
   
   
   
3. Mustaffa Kamil Ayub who was my classmate in UKM has also been sending mixed signals. He has also expressed his dissatisfaction over the election process. Like Azmin, Mustaffa also emigrated from UMNO when Anwar was kicked out from the party. If two deputy president contenders are raising the same issues surely there is some credibility to the argument that has been put forward.
   
   
   
4. Anwar initial reaction was disappointing. His indirect defense of Azmin Ali by saying that ZI left because of the poor results in election result in Sabah. He had also asked Zaid to give proof on his allegations that the election was rigged. Anwar must accept that officially he has no post in PKR. His wife does. A de-facto leader is not something that is recognized in any party constitution. He does not have the rights to question or demand answers from ZI. Right now the JPP Chair person, Molly Cheah and the party Sec Gen which has powers to demand such explanation has not done so.
   
   
   
5. PKR formation at its onset was about Anwar. It grew beyond Anwar to a certain extent where people start saying the injustice towards Anwar is a symbolic gesture to the injustice that happens in this country. However PKR has not been able to shed its core struggle that it is about Anwar and that is bad for the party. Allah forbids but what will happen if Anwar drop dead tomorrow? Can the party leaders continue the struggle? Can Azmin who grew as a loyalist but without going through serious political challenge hold the party together? In my honest opinion this is something that is debatable.
   
   
   
6. PKR is not about Anwar anymore. It has become the aspiration of the people to bring changes. Right now it has failed to show that it can hold his house together in a professional manner. It has failed to perform in many areas. I say ZI withdrew because he felt that is the best for him. The question is whether AA will do the same for the best interest of the party. Who is important, the party or the individuals who has craving for a “deputy premiership”? - by drrafick

MCA man says God commands Christians to fight Islamic state

(Harakahdaily) - Former Subang Jaya state assemblyman, MCA's Lee Hwa Beng, has appealed to Christian sentiments when he suggested on Twitter yesterday that a state based on Islam would ban all other religions.

"As Christians, we should fear Islamic theocracy nation more than anything. Why is DAP helping PAS to achieve it?” questioned Lee in a response to DAP supporters on the micro-blogging site.

Saying religions other than Islam would not be tolerated under what he coined "Islamic Theocracy State" and that Islamic laws would be imposed on non-Muslims, Lee even went on to claim that it was "God's command" to fight an "Islamic Theocracy State".

"One of God's command is to fight against Islamic Theocracy State," he said.

He added that UMNO, unlike PAS, did not want to establish an "Islamic Theocracy State".

Lee however was quick to add a 'disclaimer' stating that his remarks were his personal opinion.

“I never say I am against Islam but cannot accept PAS objective of Islamic Theocracy State. In fact I accept Islam as the official religion."

"Sorry I bring this theocracy topic up. Getting out of hand. I am quitting."

The latest remarks by Lee followed similar comments by MCA president Chua Soi Lek in August, in which he suggested Muslim-majority nations were naturally corrupt in an attempt to urge Malaysians to shun PAS.

Chua also claimed that it was UMNO's competing with PAS over Islam which had caused the country to be trapped as a “middle income” nation for more than 10 years.

The comments drew strong reactions from both side of the political divide, and had left the one time Health minister blaming online portals Malaysiakini and The Malaysian Insider for 'misquoting' him.

Gobind Singh ejected from Parliament again

(THE STAR) - Gobind Singh (DAP-Puchong) was ejected from Parliament Monday, the third time in two years.

Speaker Tan Sri Pandikar Amin Mulia showed Gobind the door minutes before the lunch break, after the outspoken MP refused to back down despite several warnings.

Gobind was hitting out at Home Minister Datuk Seri Hishammuddin Tun Hussein for dodging questions linked to the alleged interference by the the ministry in police matters, and also the involvement of the police in blocking the then Sultan of Kelantan Sultan Ismail Petra's convoy in May.

Karpal Singh (DAP-Bukit Gelugor) had earlier asked Hishammuddin to explain the police's action in blocking Sultan Ismail Petra's convoy, from which the Raja Perempuan Tengku Anis Tengku Hamid was hauled out.

Gobind continued his father's line of questioning by asking if any investigation was carried out on the claims by retired Inspector-General of Police Tan Sri Musa Hassan that the Government interfered in police matters.

"Can we have confidence in you, Mr Minister?" asked Gobind.

Hishammuddin, however, refused to answer the questions in his winding up, saying that they were not raised in the budget debate.

This enraged Gobind, who demanded that the minister answered the questions as they were of public interest.

Pandikar Amin interjected and told Gobind to sit down, but the first-term MP refused to comply and continued to demand for an answer.

Gobind was then asked to leave the Dewan until after lunch time, but he continued arguing with Pandikar, which led him to be kicked out of proceedings for the rest of the day.

"I will come back tomorrow, and I will ask the same questions again," said a defiant Gobind before leaving.

Gobind was first suspended for two days in November 2008, followed by a year's suspension last year.

Kit Siang sues NSTP over ‘Umno kafir’ report

Malaysiakini

DAP advisor Lim Kit Siang has filed a defamation suit against New Straits Times Press (M) Bhd over a report published by its Malay-language daily Berita Harian on Tuesday.

The suit was filed by senior lawyer Karpal Singh.

The Ipoh Timor MP, in his statement of claim, alleged that the report was malicious and false in claiming that he had branded Umno as kafir (infidels), particularly in light of ongoing campaigning then for the Galas by-election.

Claiming that the respondent had failed to verify the facts, Lim said the report claimed that he had given a speech at Kesedar Sungai Terah, when he had not.

The report, he said, could be construed to mean that he had interfered in Islamic affairs and that he was guilty of sedition in making the alleged remark.

Another possible meaning was that he intended to sow hatred in a plural society and that he was an irresponsible politician.

In his statement of claim, Lim said the report was directed to lower his self-esteem and position.

For this, he is seeking general and aggravated damages for libel, as well as interest and costs of the action.

He also said a ralat (correction) published by Berita Harian on Thursday could be used as admission.

Karpal later said he would file a notice of action against Malacca Chief Minister Mohd Ali Rustam to verify whether or not he had commented on the matter, as quoted by Berita Harian.

This will be sent to Mohd Ali tomorrow, giving him seven days to reply.

“We will consider our next course of action following Ali’s reply – whether he apologises or denies making such a statement,” added Karpal.

‘Investigate the reports’

Lim later said the newspaper had shown lack of sensitivity and carelessness in what it published.

“This goes beyond Prime Minister Najib Abdul Razak’s 1Malaysia concept (which requires) being sensitive to all races, as we live in a multi-religious society,” he said.

Karpal also renewed calls for new Inspector-General of Police Ismail Omar to quickly investigate the matter as several reports have been lodged.

“There is not only civil liability but also sedition and criminal defamation,” he claimed.

“DAP will not sit back (if there are any more similar incidents), let’s make this clear.”

Last Tuesday, Berita Harian had quoted Ali as saying that the DAP and Lim have become braver by asserting that Umno members are kafir.

The daily issued a correction two days later.

Whistle-Blowing Provisions Give Corporate Governance A Boost, Says PM

KUALA LUMPUR, Nov 8 (Bernama) -- The existence of the whistle-blowing provisions in the country has strengthened Malaysia's corporate governance in line with current global best practice.

Prime Minister Datuk Seri Najib Tun Razak said since the introduction of the provisions several years ago, the Securities Commission (SC) has received reports mainly from external auditors of public-listed companies.

"Some of these reports have led to enforcement action being taken against the perpetrators, directors and senior management of the company.

"With this, it is encouraging to note that a stronger culture of public accountability and integrity has been established," he said in his keynote address at the World Congress of Accountants 2010 here Monday.

His speech was read by Minister in the Prime Minister Department, Tan Sri Nor Mohamed Yakcop.

Najib said the crucial role of accountants in detecting fraud was reflected in the number of whistle-blowers that had provided information to the SC under the protection of the Capital Market and Services Act.

He said the Act imposed a mandatory duty upon auditors and specific employees of listed corporations to report breaches of security laws and the rules of the stock exchange to the authority.

"Malaysia has strengthened its law to enable the SC to carry out an oversight function over external auditors of public interest entities," he said, adding that, as the result the Audit Oversight Board was established.

Najib said the successful development of a strong accounting industry must be premised on the ability of practitioners to play an active role in exercising sound professional judgment in the application of global accounting standards.

He said the international accountancy profession and government regulators, standard-setters and public must be committed to establish and promote adherence to high quality standards.

"It must be stressed that the goal of financial reporting must be to provide investors with material information to facilitate investment decision," he said.