Immigration Dept under probe over stolen passports

The investigation will give special attention to the department's KLIA branch for allowing passengers with stolen passports to board the missing plane.

PUTRAJAYA: An internal investigation on the Immigration Department has commenced following reports that two passengers were using stolen passports to board the missing Malaysia Airlines (MAS) Flight MH370.

Home Minister Ahmad Zahid Hamidi said the detailed investigation would give special attention to the department’s Kuala Lumpur International Airport (KLIA) branch.

“We will conduct an internal probe, particularly on the officers, who were on duty at the KLIA Immigration counter during flight MH370.

“I am still puzzle how come (immigration officers) cannot think, an Italian and Austrian (passengers) but with Asian facial features,” he told reporters at the Kembara Bumi Suci 2014 convoy participants meeting with Prime Minister Najib Tun Razak at Seri Perdana here today.

Ahmad Zahid said the investigation was conducted by a special team, led by Immigration Department Director-General Aloyah Mamat.

Currently no conclusion could be made pertaining to the issue as the investigation had only commenced once the actual passport holders claimed that their passports were stolen, he said.

Ahmad Zahid said it was difficult to determine the authenticity of an international passport that was being brought by a passport holder because not all countries used the biometric system and bar code as in Malaysia.

Civil Aviation Director-General Azharuddin Abdul Rahman in a media conference in Sepang today that only two passengers had false passports to board flight MH370, which was its way from Kuala Lumpur to Beijing.

Both passengers involved had used the Italian and Austrian passports.

Flight MH370, with 227 passengers, including two infants, and 12 crew members was reported missing from the radar at 1.30 am yesterday, about an hour after departing from KLIA.

The plane carried passengers from 14 countries, including 153 Chinese and 38 Malaysians.

Bernama

M’sia launches terror probe on missing plane

After more than 30 hours without contact with the aircraft, MAS has told family members to "prepare for the worst".
UPDATED

KUALA LUMPUR: Malaysia on Sunday launched a terror probe into the disappearance of a passenger jet carrying 239 people and the United States sent the FBI to investigate, as anguished relatives begged for news of their loved ones.
Concern over a possible security breach grew as Malaysia’s government said it was investigating four people who were on the Boeing 777 plane.

At least two passengers boarded using stolen European passports, officials and reports have said.

“At the same time our own intelligence have been activated, and of course, the counterterrorism units… from all the relevant countries have been informed,” Malaysia’s acting Transport Minister Hishammuddin Hussein told reporters.

The Federal Bureau of Investigation is sending agents and technical experts to assist the probe, US media reported.

US officials told The Los Angeles Times that they were trying to determine whether there was any terror link to the flight’s disappearance, but stressed there was no evidence to support that yet.

“Just because they (the passports) were stolen doesn’t mean the travellers were terrorists,” a Department of Homeland Security official told the paper.

“They could have been nothing more than thieves. Or they could have simply bought the passports on the black market.”

Asked to confirm the reports, an FBI spokesman told AFP: “We are ready to assist if needed.”

‘Airline didn’t contact me’

The flight went missing about an hour after taking off from Kuala Lumpur, bound for Beijing. A total of 153 Chinese nationals were on board, and relatives camped out at the main international airport in China’s capital bemoaned the lack of news Sunday.

“The airline company didn’t contact me, it was a friend,” a middle-aged woman surnamed Nan told reporters, holding back tears, after finding out her brother-in-law was on the flight.

“I can’t understand the airline company. They should have contacted the families first thing,” she said.

Vietnamese boats reached the scene of two large oil slicks detected overnight but found no sign of the plane, army deputy chief of staff Vo Van Tuan told AFP early Sunday, adding search aircraft were deployed at first light to scour the area.

The search area has been expanded to 10,000 square kilometres (3,900 square miles), Vietnam’s Civil Aviation Department said.

However, Azharuddin Abdul Rahman of Malaysia’s Department of Civil Aviation said he “could not confirm” the existence of the oil slicks.

“We have not been able to locate or see anything,” he told a news conference on Sunday.

Asked about the stolen passports, he said “we are investigating this at the moment” but declined to give further details.

An Austrian reportedly named Christian Kozel had his passport stolen in Thailand in 2012, while Italian Luigi Maraldi lost his to theft last year, also in Thailand.

Despite their names being on the passenger manifest, neither man was on the plane to Beijing, European officials said.

In Washington, a US administration official said authorities were aware of the passports issue.

“We have not determined a nexus to terrorism yet, although it’s still very early and that’s by no means definitive. We’re still tracking the situation,” the official told AFP.

Earlier, when asked whether terrorism could have been a factor, Malaysian Prime Minister Najib Razak said: “We are looking at all possibilities but it is too soon to speculate.”

‘Pray for flight MH370′

Flight MH370 had relayed no distress signal, indications of rough weather, or other signs of trouble. Both Malaysia’s national carrier and the Boeing 777-200 model used on the route are known for their solid safety records.

The flight was carrying 227 passengers and 12 crew. A US company based in Texas said 20 of its employees were among the missing passengers — a dozen from Malaysia and eight from China.

Thirty-eight Malaysians and seven Indonesians were aboard, as well as a range of other nationalities including Australian, Indian, American, Dutch, and French.

Malaysia Airlines urged “all Malaysians and people around the world to pray for flight MH370″.

“The airline is continuously working with the authorities in providing assistance. In fearing for the worst, a disaster recovery management specialist from Atlanta, USA will be assisting Malaysia Airlines in this crucial time,” it said.

The plane’s disappearance triggered a search effort involving vessels from several nations with rival maritime claims in the tense South China Sea.

China, Vietnam, Malaysia, the Philippines and Singapore threw vessels and aircraft into the effort, as did the US Navy with a surveillance plane and a destroyer carrying two helicopters.

If the worst is confirmed, it would be the second fatal crash in the nearly 20-year history of the popular Boeing plane. A 777-200 operated by South Korea’s Asiana Airlines skidded off the runway after hitting a sea wall in San Francisco last year, killing three people.

Malaysia Airlines has suffered few safety incidents in the past. Its worst occurred in 1977, when 93 people perished in a hijacking and subsequent crash in southern Malaysia.

New developments

Meanwhile military radar indicated that the missing Boeing 777 jet turned back before vanishing.

Malaysia’s air force chief Rodzali Daud disclosed this today, as authorities were investigating up to four passengers with suspicious identifications who may have boarded the flight.

A massive international sea search has so far turned up no trace of the plane.

The latest revelations add to the uncertainties surrounding the final minutes of flight MH370.

Rodzali didn’t say which direction the plane might have taken or how long for when it apparently went off route.

“We are trying to make sense of this,” he told a media conference.

“The military radar indicated that the aircraft may have made a turn back and in some parts, this was corroborated by civilian radar,” he added.

Malaysia Airlines Chief Executive Ahmad Jauhari Yahya said pilots were supposed to inform the airline and traffic control authorities if the plane does a U-turn.

“From what we have, there was no such distress signal or distress call per se, so we are equally puzzled,” he said.

After more than 30 hours without contact with the aircraft, Malaysia Airlines told family members they should “prepare themselves for the worst,” Hugh Dunleavy, the commercial director for the airline told reporters.

Q&A: What happened to flight MH370?

These are some of the scenarios being mulled over by regional authorities, investigators and industry experts.

KUALA LUMPUR: The sudden disappearance Saturday of Malaysia Airlines flight MH370 — with no distress call or other signs of trouble — has ignited intense speculation over what happened to the jet and its 239 passengers.

Following are some of the scenarios being mulled over by regional authorities, investigators and industry experts.

Q: Is mechanical or structural failure likely?

Sudden, accidental structural failures leading to explosions or a sudden loss of cabin pressure are considered extremely unlikely in today’s passenger aircraft.

This is especially so with the Boeing 777-200 model, which has one of the best safety records of any jet.

“From a crack, there can be a whole structure breakdown that allows for no response. But in the last two to three decades there have been next to nil such incidents,” said Ravi Madavaram, an aviation analyst with Frost & Sullivan.

Indonesia-based aviation analyst Gerry Soejatman said based on the MH370 plane’s maintenance records, “there is nothing that would jump straight out of the page”.

Q: How likely is human error in this case?

The MH370 case may draw comparisons with the crash in 2009 of an Air France into the Atlantic Ocean, which killed more than 200 people.

An investigation said speed sensors failed, causing the Airbus jet to stall and lose altitude. But it also said pilots failed to react correctly, losing control of the jet.

Soejatman said despite all the safety features on modern aircraft, well-trained pilots taking proper action in an emergency also is essential.

“If the crew is not on the ball, they quickly lose control of the situation,” he said.

Q: Was it an attempted hijacking or terror attack?

This spectre has loomed after authorities said at least two passengers had boarded with stolen passports. Malaysian officials also said Sunday radar data indicated the pilot may have inexplicably tried to turn back to Kuala Lumpur.

Analysts said the absence of any distress signal raises eyebrows, as it could indicate an event so sudden that the crew could not respond.

“There was not even time for the pilot or crew to raise an alarm. It could have happened due to a deliberate act — by a pilot or a terrorist — but this is all very speculative,” Ravi said.

The terror theory’s credibility is hurt by the fact that — so far — no claim of responsibility has surfaced.

“What’s the motive? If they didn’t bring any weapons, it is extremely difficult to get into the cockpit,” said Shukor Yusof, aviation analyst with Standard & Poor’s.

He also noted that stolen passports do not necessarily equate to terrorism.

Large numbers of illegal workers, as well as criminal syndicates, are known to move between Malaysia and neighbouring countries such as Thailand. The two suspect passports were reportedly stolen in Thailand.

Q: Is lax security at Kuala Lumpur International Airport (KLIA) to blame?

The modern facility does not have a history of known security breaches.

But Rohan Gunaratna, a terrorism expert at Singapore’s Nanyang Technological University, said the passport issue could indicate a “glaring flaw” in the airport’s immigration clearance.

He noted that Interpol maintains a database of stolen passports that should have raised red flags at the immigration counter.

“There are two categories of people who use these (stolen passports) — criminals and terrorists,” he said.

However, Shukor said the sheer volume of travellers moving through airports likely means not all forgeries can be caught.

“To blame Malaysian authorities for this is probably unfair — they have to get it right all the time and potential hijackers just have to get through once,” he said.

Q: Could violent turbulence or bad weather have brought down the plane?

This possibility is being widely discounted as all indications are that the weather was fine in the area where contact with MH370 was lost.

Q: Could it have run out of fuel?

Malaysia Airlines has said the plane was fuelled for at least eight hours of flight. The Kuala Lumpur-Beijing route lasts six hours.

Aircraft typically carry two hours’ worth of fuel on top of what is needed.

Adds Ravi: “If there was a fuel loss, the pilot would have enough time to call for distress signal, and to turn around and glide back to land.”

Wan Azizah for Kajang

PKR supremo Anwar Ibrahim announces his wife as the new candidate to replace in the Kajang by election.
UPDATED

KAJANG: PKR today announced its party president Dr Wan Azizah Wan Ismail, as the new PKR candidate after its de facto leader Anwar Ibrahim was disqualified on Friday due to a conviction in court.

The announcement was made by Anwar himself at the party main election machinery office in Sungai Sekamat.

“The courts have blocked my candidacy. So we are announcing Wan Azizah Wan Ismail as the new candidate,” he said.

When asked on why party secretary general Saifuddin Nasution Ismail was not nominated, Anwar said: “I was keen on Saifuddin but he wanted to continue as secretary general.”

“Azizah is the most suitable candidate,” he added.

DAP veteran Lim Kit Siang, who was also present, said that Azizah was the most suitable candidate and the DAP supports the candidacy.

Yesterday a party insider revealed to FMT that PKR is considering to field outgoing party president Wan Azizah.

This was despite Anwar’s announcement a day earlier that PKR had short listed 12 candidates to replace him.

On Friday, the Court of Appeal found the 67 year old Opposition Leader guilty of sodomy and sentenced him to serve five years in prison. He was however allowed to post RM10,000 bail.

The ruling derailed his plans to contest in the Kajang by-election.

The Kajang state seat fell vacant following the resignation of incumbent assemblymen Lee Chin Cheh of PKR on Jan 27. The Election Commission fixed March 23 as polling date and nomination day on March 11. Early polling would be held on March 19.

The state seat comprises 39,728 registered voters. At the last general election in May 2013, the seat saw a voter turnout of 87.9% with 541 spoilt votes.

MCA is pitting its vice president, Chew Mei Fun. Former Kita party founder Zaid Ibrahim and Herman Tino are also interested in contesting the by-election as independents.

’Not a seat warmer’

Meanwhile Wan Azizah dismissed the notion that her nomination would only serve as a seat warmer for Anwar.

“I thank the party for the trust they put on me. People can say anything they want but this struggle is Important. It is important to continue to fight the injustice.

“I represent the values of the ordinary people especially the women,” she said.

When asked on why party secretary general Saifuddin Nasution Ismail was not nominated, Anwar said: ”I was keen on Saifuddin but he wanted to continue as secretary general.”

“Azizah is the most suitable candidate,” he added.

DAP veteran Lim Kit Siang who was also present said that Wan Azizah was the most suitable candidate and the DAP supported the candidacy.

PAS election director Dr Hatta Ramli who is Kuala Krai MP said that his party would continue its work on the ground to ensure victory for PKR and Pakatan Rakyat.

Chinese NGOs want fair polls, end to discrimination

They are calling for an end to religious discrimination, free and fair elections, an end to the New Economic Policy (NEP) and quotas favouring the Bumiputras and equivalent treatment for mother tongue education.


K Pragalath, FMT

A group of three Chinese NGOs have put forth four demands and want the Kajang by-election candidates to endorse them. The by-election is on March 23.

The three NGOs are Sahabat Rakyat Working Committee, Melaka Chinese Assembly Hall’s youth division and the youth wing of Kuala Lumpur and Selangor Chinese Assembly Hall.

A group of 15 individuals also have endorsed the demands.

They are calling for an end to religious discrimination, free and fair elections, an end to the New Economic Policy (NEP) and quotas favouring the Bumiputras and equivalent treatment for mother tongue education.

“We have seen how the Selangor Islamic Religious Department manipulated the the Allah name in the Bible issue.

“Hence we are calling upon the candidates to support moves to amend the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 that was suggested by three DAP lawmakers in January,” said Sahabat Raya working committee spokesperson, Choo Shin Chei.

The NGOs are also calling for the preservation of all faiths and religions practiced by the minorities and want equal treatment to be given to all places of worship.

On the call for free and fair election, they are supporting election watchdog, Bersih’s demands.

Speaking about their third demand, Choo said that the implementation of the NEP and quotas for Bumiputera have only served to enrich the elite capitalist Malays.

On calls for mother tongue education, the group are supporting demands by Chinese educationist group Dong Zong.

Dong Zong wants all parties to give the Unified Education Certificate (UEC) its due recognition, land for the construction of additional building for Yu Hua secondary school in Kajang and resolve land issues that is confronted by New Era College in Sepang for the past 14 years.

READ MORE HERE

Judicial process and timing in Anwar’s case implies persecution not prosecution, says Bar Council

The Malaysian Insider

The charge against Datuk Seri Anwar Ibrahim and the manner in which his appeal was handled fuels the perception that the opposition leader was persecuted and not prosecuted, the Bar Council said.

Malaysian Bar president Christopher Leong said that in the first place, the archaic provision under the Penal Code which criminalises sodomy and oral sex should never have been brought against Anwar.

“The case has unnecessarily taken up judicial time and public funds, and has muddied the waters of our justice system.

“We also have grave misgivings with respect to the manner and timing in which the appeal was handled, especially over the way in which mitigation and sentencing proceeded,” Leong said.

The Court of Appeal had found Anwar guilty of sodomy on Friday, overturning the Kuala Lumpur High Court’s January 2012 decision that had found him innocent.

Leong, in a statement today, said that Anwar’s legal team was notified on February 27 that substantive appeal would be heard on March 6 and 7, and that lawyer Karpal Singh only had seven days to prepare for a criminal appeal over a case that had gone through a lengthy trial and which involved 32 witnesses, including expert evidence.

According to Leong, prior to this, the Court of Appeal registry had informed Anwar’s lawyers to reserve April 7 to 10 as the proposed hearing dates, to which the team agreed.

However, these dates were abandoned and replaced with earlier dates.

“If this is true, it raises the question as to why the Court of Appeal brought forward the appeal to be heard when the April dates had been agreed on.

“After all the defendant was facing a possible 20-year jail term and the April dates would have given the legal team more time to prepare,” he said.

Leong further said that while the hearing of the appeal which extended until past 6pm was not unheard of, it was a rare occurrence.

Further to this, after hearing submissions on March 7, the court had taken approximately 90 minutes to consider before giving a unanimous decision in reversing the acquittal by the High Court.

The panel then rejected Karpal’s request for an adjournment to the following week for the mitigation and sentencing for the purpose of obtaining a medical report on Anwar and instead gave the legal team one hour to prepare.

The Court of Appeal then sentenced Anwar to five years jail that evening with proceedings ending only at 7pm.

“These matters raise many questions, cause much speculation, and lend to the perception that justice may have been hijacked, Leong said.

He said that questions that must be answered was whether the cause of justice was best served by the manner and timing in which this appeal was handled and whether the administration of justice was compromised or interfered with.

“Justice and independence are not only facts to be established, it is imperative that they are seen to be so established,” Leong said. – March 9, 2014.

Press Release | Conviction and Sentence of Dato’ Seri Anwar Ibrahim for Sodomy II: Justice is Not Only a Fact to be Established; It Must Also be Seen to be So Established

This item has been updated since initial publication.

The Malaysian Bar is deeply troubled by the conviction and sentence to five years’ imprisonment of Dato’ Seri Anwar Ibrahim by the Court of Appeal, for what was essentially consensual sex between two adults.

Dato’ Seri Anwar Ibrahim was convicted and sentenced under section 377B, read with section 377A, of the Penal Code.

Section 377A of the Penal Code criminalises sodomy and oral sex (fellatio).  Section 377B provides that whosoever voluntarily commits the acts described in section 377A shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.  These provisions make no distinction between heterosexual and homosexual consensual sexual acts, and are thus applicable to both.

A law is only good and just if it is consistently and equally applied and enforced.  It is extraordinary that Dato’ Seri Anwar Ibrahim has been prosecuted and convicted twice, in a country that has rarely seen a prosecution and/or conviction for an offence of consensual sexual acts between adults under section 377A, read with section 377B, of the Penal Code.

This glaring anomaly and inconsistency brings the administration of justice into disrepute.  It also fuels a perception that Dato’ Seri Anwar Ibrahim is being persecuted, and not prosecuted.

The charge against Dato’ Seri Anwar Ibrahim is based on an archaic provision of the Penal Code, and should never have been brought.  The case has unnecessarily taken up judicial time and public funds, and has muddied the waters of our justice system. 

The Malaysian Bar also has grave misgivings with respect to the manner and timing in which the appeal was handled.  In particular, we are shocked by the manner in which mitigation and sentencing proceeded.

The Malaysian Bar makes no comment at present as to the grounds for the reversal by the Court of Appeal of the acquittal by the High Court in January 2012 of Dato’ Seri Anwar Ibrahim (“Respondent/Defendant”), and his present conviction and sentence by the Court of Appeal, as no written substantive grounds have been proffered as yet, save to say that there appears to be doubt and reservations as to the integrity of the DNA evidence in the case.

However, there are several aspects of this case that raise questions or concerns:

(1) The haste with which the appeal proceeded in the Court of Appeal.  No doubt the appeal had been pending since about July last year, but time had been taken with intervening applications on several issues and appeals arising therefrom.  It appears that the Respondent/Defendant had been notified on 27 February 2014 that the substantive appeal was to be heard on 6 and 7 March, thus providing his legal counsel with only seven days’ notice to prepare for a criminal appeal arising from a lengthy trial that had taken many weeks and involved about 32 witnesses, including expert evidence;

(2) This was despite counsel for the Respondent/Defendant having informed the court that he was not available on those dates, as he was scheduled for other cases in court;

(3) It appears that about two weeks before the appeal was heard a registrar from the registry of the Court of Appeal had informed the office of Karpal Singh, the Respondent/Defendant’s counsel, to reserve 7 to 10 April 2014 as the proposed hearing dates for the appeal.  The Respondent/Defendant’s counsel apparently agreed to these dates;

(4) It appears that these proposed dates when the Respondent/Defendant’s counsel was available were subsequently abandoned and replaced with much earlier dates;

(5) If this is true, then questions arise in the mind of the public as to why the Court of Appeal brought forward the appeal to be heard, when the originally contemplated dates in early April had already been agreed to by the Respondent/Defendant, and would have provided the Respondent/Defendant, facing a possible sentence of 20 years’ imprisonment, more time to prepare for the appeal;

(6) The appeal was heard on 6 and 7 March 2014.  It is reported that each day’s proceedings carried into the early hours of the evening, ie between 6:00 pm to 7:00 pm.  Although this is not unheard of, it is nevertheless rare;

(7) It is not uncommon for an appellate court to reserve judgment for a few days or months before handing down a decision, particularly where the proceedings in the trial court have been lengthy, the evidence substantial and the issues weighty;

(8) In this instance, the Court of Appeal had, at the conclusion of submissions by the parties on 7 March 2014, taken approximately 90 minutes to consider the matter, and then rendered a unanimous decision in reversing the acquittal by the High Court and finding the Respondent/Defendant guilty, at approximately 5:00 pm the same day;

(9) 5:00 pm is when the court usually adjourns for the day.  On this occasion, the Court of Appeal and the prosecution insisted on proceeding with hearing mitigation and sentencing;

(10) The Respondent/Defendant’s counsel requested an adjournment until the following week, beginning 10 March 2014, to address the court on mitigation and sentencing, and to obtain a medical report concerning the Respondent/Defendant’s medical condition, which would be relevant in considering the sentence to be imposed.  The Court of Appeal refused this request, and instead gave counsel one hour to prepare for mitigation and sentencing;

(11) Upon reconvening after about one hour’s recess, the Court of Appeal and the prosecution accepted counsel’s contention that the Respondent/Defendant suffers from medical conditions such as back pains, high blood pressure, and a heart ailment.  They accepted that these were relevant to sentencing, but refused to allow time for a medical report to be prepared and provided to the court.

(12) The Court of Appeal had thus denied itself relevant medical information pertaining to the particulars or peculiarities (if any), and extent of, the Respondent/Defendant’s medical condition before considering the appropriate sentence to be imposed; and

(13) The Court of Appeal pronounced a sentence of five years’ imprisonment, and the proceedings concluded at approximately 7:00 pm.

These matters raise many questions, cause much speculation, and lend to the perception that justice may have been hijacked.  

The questions to be answered, in the mind of the public, are thus, “Was the cause of justice best served by the manner and timing in which this appeal was handled?” and, “Was the administration of justice compromised or interfered with?”

The sanctity of the administration of justice and the independence of the Judiciary are intertwined, and essential for upholding the rule of law and instilling public confidence.  Justice and independence are not only facts to be established; it is imperative that they are seen to be so established.

It is heart-rending, for those who sacrifice and work hard in good faith to protect and defend the administration of justice, and to maintain and promote the independence of the Judiciary, when public confidence in these two precepts may be shaken or in jeopardy.

 

Christopher Leong

President

Malaysian Bar

'Enough with UMNO, enough with Barisan Nasional'

PKR lawyer: Anwar's Sodomy II verdict serious injustice

Father allegedly kills daughter, attacks pastor, others for converting to Christianity

The Oyo State Police command has arrested a suspect in connection with the killing of his daughter, Miss Kausara Isiaka for allegedly converting to Christianity.

The suspect was alleged by Reverend Daniel Oladimeji, one of the four persons he attacked with machete that he suspected him to be the brain behind the attack.

According to the Police Public Relations Officer, DSP Olabisi Ilobanafor, one Mary Oladimeji, of Calvary Church, Ayekale, Ibadan reported the incident at the station at about 02:00 hours of February 26th 2014.

Though, the police are yet to determine his culpability or otherwise, the suspect allegedly sneaked into the church premises and inflicted machete cuts on the four persons.

The victims’ names, according to the police, are Mary, Kausara Isiaka, Aanu and the pastor of the church.
It was further gathered that the father of the deceased who is a Muslim, allegedly pleaded severally with his daughter and threatened her to review her decision.

The police stated that the girl had to take refuge in the church.
But, on that fateful day, a yet-to-be identified attacker broke in and inflicted machete injuries on the victims while they were sleeping.

Out of the four victims, the police confirmed that her injuries were more severe than others.
Mary, the daughter of the suspect and other victims were rushed to Mobolaji Hospital, Oremeji, Ibadan where she later died.

“DSP Ilobanafor said the police visited the scene, took photographs and moved the remains of the deceased to Adeoyo State Hospital mortuary for autopsy. One suspect was arrested and case transferred to the Assistant Commissioner of Police, State Criminal Investigation Department”.

In similar development, a three-man robbery gang who specialize in stealing Nissan vehicle products have been arrested.
Seven vehicles were said to have been recovered from the suspects whose names were given as Saheed Oloruntoyin (27), Ibrahim Tijani (30) and Lukmon Oladimeji.

They were arrested in Oyo in February 16 while allegedly sharing their loots.
Number plates of the recovered vehicles are Abuja CB 769 RBC , Abuja YF 154 YAB, Abuja GWA 435 AS, Niger BE 218 MNA, EPE 506 AJ (Lagos), BDJ 319 FQ (Oyo) and YYY 579 AAA (Oyo).

The suspects were said to have confessed to be a three-man gang who specialized in snatching cars from Oyo State and Federal Capital Territory (FCT) Abuja.

According to her, any vehicle snatched at Abuja was brought to Oyo and sold.

Anwar jailed 5 years, stay granted

In mitigation, Karpal wanted time to submit Anwar's medical report while Shafee said the PKR leader's sexual act was irresponsible and reckless.
FULL REPORT

PUTRAJAYA: The Court of Appeal today sentenced Anwar Ibrahim, 67, to five years jail after overturning a High Court decision to free him of a sodomy charge in 2012.

The three-man Court of Appeal panel chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh had earlier today ruled unanimously that Kuala Lumpur High Court Judge Mohd Zabidin Mohd Diah had erred in his decision to free Anwar.

The sentencing was passed after hearing mitigation from both defence and the prosecution.

The appellate court also allowed stay of sentencing pending Anwar’s appeal to the Federal Court, and set the bail at RM10,000.

Earlier Anwar’s lead counsel Karpal Singh pleaded to the court to postpone the mitigation to allow the defence team to present Anwar’s medical report.

“He is suffering from high blood pressure, heart disease, spinal [problems]. For that we need a medical report.

“The medical status of the accused person is of utmost importance in mitigation. We need time,” said Karpal

However, this led to an argument between him and justice Balia, who interpreted this as Karpal not putting up any mitigation today.

“You have nothing to mitigate today?” the judge said.

“You completely misunderstand me. We are unable to mitigate without the medical report,” responded Karpal.

“This court is being unreasonable.”

But the judge insisted: “the absence of the medical report does not prevent you from bringing up your mitigation.”

He said the medical report was not necessary.

“We are here to discuss the sentence,” stressed Judge Balia.

National security issue


In presenting his mitigation, Shafee told the judge that Anwar’s actions had risked national security.

“Now that he’s found guilty of this act, and considering his position of power, such acts of indiscretion opens himself up to blackmail and extortion is a source of national security. The country opens up to national security issue,” said Shafee.

He said Anwar had also failed to show any remorse and had taken an aggressive stance by “attacking anyone such as the court, judge, prosecutor, the court of appeal, public prosecutor, the prime minister.”

“He showed unnecessary aggression instead of remorse.”

He said Anwar’s sexual act was irresponsible and reckless as he did not take into account the issue of disease, and that no condom was used: “that’s an irresponsible and reckless act.”

Shafee also argued that Anwar’s actions were tantamount to sexual harassment on his employee.

Shafee’s arguments were punctuated by protests and cries from Anwar’s supporters, who said his statements were unnecessary.

This prompted the judge to address the public: “If I hear any more noise like this, police will be ready to escort you out. This is the court of law.”

The Court of Appeal also allowed for the bail to be posted on Monday, this due to the fact that the Registrar’s office was closed for business today.

The court finally adjourned at 7pm, and Anwar’s family rushed to his side in tears. Anwar was later seen speaking to his lawyers.

The courtroom was packed with reporters, supporters and Pakatan Rakyat leaders waiting for Anwar to address them.

Anwar’s supporters protested that this was an attempt to disqualify him from the Kajang by-election, due to be held on March 23.

Sodomy is an offence punishable by a minimum of five years and a maximum of 20 years of jail and whipping, although Anwar’s age discounts him from being whipped.

Anwar was acquitted by the High Court judge Mohd Zabidin on Jan 9, 2012 of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008 at the Desa Damansara condominium.

This is the second time Anwar has been found guilty of sodomy. He was first charged in 1998 and was jailed for nine years in prison in 2000. In September 2004 the Federal Court overturned his sodomy conviction. He was also sentenced to six years in prison for corruption in April 1999.

Case between two individuals

Meanwhile, a Malaysian government spokesperson said Malaysia has an independent judiciary and the judges had reached their verdict only after considering all the evidence in a balanced and objective manner.

“Anwar Ibrahim and his legal team have the right to appeal today’s decision to the Federal Court.

“This is a case between two individuals and is a matter for the courts, not the government.

“Therefore, to respect the legal process and the rights of those involved, it would be inappropriate for the government to comment further,” said the spokesperson in a statement.

Show-cause letter for Vell Paari

Former MIC strategic director S Vell Paari will be issued a show-cause letter for issuing statements against the party president.
UPDATED

PETALING JAYA: The MIC disciplinary committee will issue a show-cause letter to former party strategic director S Vell Paari for issuing statements against party president G Palanivel in the media.

The committee will also issue a similar show-cause letter to Shah Alam MIC branch chairman S Vaithialingam.

Disciplinary committee head K S Nijhar said the duo would be given 14 days to reply to the show-cause letters.

“We will proceed with further action only after receiving their replies to the show-cause letters,” he said.

He said this after a 90-minute disciplinary committee meeting at the party headquarters here this morning.

Other committee members who attended the meeting were Randhir Singh, A Ganeson, A Prakash Rao and Selva Mookiah.

FMT learnt that a few other leaders are also being monitored by the committee for making statements against Palanivel in the media.

Two days ago, Vell Paari issued a press statement against Palanivel, who is also the Natural Resources and Environment Minister, for failing to alert and update the public on the haze and the prolonged drought.

Vell Paari, who is also Kepong division chief, urged the minister to take into view the plight of Malaysians in facing the haze problem.

Vell Paari is the son of former party president S Samy Vellu.

Allegations against Vaithialingam is still unclear.

This would be the first time the committee had taken action against a party “big-wig” since Palanivel became the MIC president in 2010.

The committee’s action comes after Palanivel faced a barrage of attacks from several quarters not only for his role as party chief but also as Natural Resources and Environment Minister.

The move is set put Palanivel under tremendous pressure as the president had previously said he was ready to face criticisms from party members.

Palanivel, after taking the helm of the party from Samy Vellu in 2010, had also vowed to put an end to issuance of show-cause letters and sacking of members.

In an immediate reaction, Vell Paari told FMT that he was not at all surprised with the issuance of the show cause letter by the party disciplinary committee.

“It is a bit premature to comment on it as I have yet to receive the letter. I need to know the charge against me before replying the letter,” he told.

Vell Paari said he would be going to the MIC headquarters himself to receive the letter.

“Once I have read it’s content, I will take the necessary steps to defend myself,” he added.

Kajang by-election: Election Commission will study Anwar’s eligibility to contest

(The Star) - The Election Commission will study in detail the provisions of the Federal Constitution and the Selangor Constitution on Opposition Leader Datuk Seri Anwar Ibrahim’s eligibility to contest the Kajang state by-election.

This followed the verdict of the Court of Appeal, which found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan, five years ago and sentenced to five years’ jail on Friday.

EC chairman Tan Sri Abdul Aziz Yusof said that in view of this being the first case of its kind, a detailed study had to be done to ensure that due process was followed.

“Under the law, by right, if a person is jailed more than a year or is fined more than RM2,000, he or she, automatically loses the right to contest in the elections,” he said.

“Nevertheless, we will have to study if Anwar appeals to the Federal Court, because of it (appeal), whether he can still contest,” he said, adding that the EC would be consulting its legal advisers on the matter.

Justice Datuk Balia Yusof Wahi, who led a three-man panel in hearing the prosecution’s appeal in the case, however, granted Anwar’s application for a stay of execution of the sentence pending appeal with bail of RM10,000.

In overturning the High Court’s decision in acquitting Anwar, Justice Balia said the panel unanimously held that the trial judge had erred in his findings that the integrity of DNA samples used in the case had been compromised.

Anwar was allegedly charged with sodomising Mohd Saiful at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

Anwar’s counsel Karpal Singh had told reporters that with this ruling, Anwar could not file his nomination papers for the Kajang state seat by-election this Tuesday. Polling is scheduled for March 23.

Malaysia Sodomy Case Flawed from Day One

The charges against Anwar seemed cooked up and malicious, but government prosecutors

pressed ahead anyway

Anwar Ibrahim’s Sodomy II trial, which ran almost two years before ending in 2012, was built on flawed evidence, procedural mistakes, tainted witnesses and reports of political collusion with the current prime minister, and was condemned internationally by legal scholars and human rights activists.

He was eventually acquitted for lack of evidence only to have an appeals court reverse that decision, ruling in favor of a government appeal on Friday. He was sentenced to five years in prison but is free on bail pending appeal. Homosexuality is illegal in Malaysia.

The sudden reversal on Friday shocked political observers and the general public.

Sordid and Unbelievable
The story began on June 28, 2008 when a then-24-year-old aide, Mohd Saiful Bukhairy Azlan, made the sodomy accusation against Anwar, who had led the three-party Pakatan Rakyat coalition to a historic sweep of five Malaysian states, winning 82 parliamentary seats in general elections and breaking the ruling Barisan Nasional coalition's two-thirds majority hold on parliament.

Despite an offer to appear voluntarily at the police station to deal with the charges, the opposition leader was arrested at his home on July 16 of that year by a contingent of 10 carloads of police commandos and was locked up overnight in a Kuala Lumpur jail.

The trial, which began in February 2010, was marred by the introduction of a mountain of questionable evidence, egregious prosecutorial errors and a long series of prejudicial rulings by High Court Judge Mohamad Zabidin Mohamad Diah.

From the very beginning, doubts began to surface. To start with, Saiful belatedly sought to get doctors to certify that he had been sodomized 48 hours after the alleged encounter. Records showed he first went to a private hospital where a doctor found no evidence of penetration and told him to go to a government hospital. At the first government hospital, doctors also told him they had found no evidence of tearing or scarring that would have indicated his anus had been penetrated. He was forced to go to a third government hospital where he finally found a physician willing to say the act had taken place.

Political connections
Saiful acknowledged in court that he had met with then-Deputy Prime Minister Najib Tun Razak and his wife, Rosmah Mansor, on June 24, 2008, two days before the alleged sodomy took place and on other occasions with Rosmah's close confidant, the former track star Mumtaz Jaafar. Neither the prime minister nor his wife nor Mumtaz was called to the stand to explain why they met with Saiful.

There were many questions about the DNA, which was allegedly taken from Saiful’s rectum 90 hours after the reported act took place. He claimed not to have eaten, drunk nor gone to the bathroom for that entire period.

The evidence was not refrigerated and was stored in an unguarded police office. Government laboratory technicians testified that as many as 11 different DNA traces had been found in Saiful’s rectum. At one point Zabidin ruled that the DNA was too doubtful to be admitted, only to have the prosecution appeal, at which point the judge reversed himself, leading to charges he had been coerced.

There were even questions whether Saiful had actually met with Anwar on the date he allegedly was sodomized. Although cameras showed him in the lift of the building where the offence allegedly took place, Anwar said he was meeting with a group of economists in the condo at the time and that Saiful had not appeared in the room.

Saiful also acknowledged meeting secretly twice with Rodwan Mohd Yusof, a senior assistant police commissioner, before the alleged offense took place. Rodwan became famous, or infamous, in Anwar's 1998 Sodomy I trial when he was found to have illegally removed Anwar's DNA samples from forensic custody and planted them on a mattress allegedly used by Anwar for a homosexual dalliance. To protect the integrity of the prosecution's case, the presiding judge, Augustine Paul, expunged the entire DNA evidence at the time.

Saiful testified that on the day he allegedly met with Anwar, he had taken lubricant with him to Anwar’s condominium – hardly the act of an innocent aide who had no idea that the then 63-year-old Anwar was about to jump him for unnatural sex.

It also became known during that Saiful was having a sexual liaison with Farah Azlina Latif, a female member of the prosecution team, which might have further disqualified him as a complaining witness.

The family apologizes
Saiful’s father, Azlan Mohd Lazim in March 2013, apologized to Anwar at a press conference and said the plot to have Anwar arrested was cooked up in Najib’s office. He said his son had been used by "irresponsible quarters" and that statements that both he and his son gave to the press during and after the trial were written by his lawyer and a special officer in Najib's office.

"Anwar is innocent and a victim of this slander... as such I apologize to Anwar and his family," Azlan said in a printed statement." He and his family have suffered a lot as a result of this slander. I deeply regret all the slander hurled against Anwar, which involved my son Saiful Bukhairi."

The case "was planned in great detail by a special officer in the PM's Department," Azlan said. "Even the script I read during the press conference after Anwar's sodomy acquittal last year was prepared by this officer."

His son, he said, "has never explained the sodomy incident and the accusation to me. I was never called as a witness in the case. I was never called by any party to offer my statement as the father from the start to the end of the trial."

Although he was always seen accompanying his son during the trial, Azlan explained that he did so simply as a father who was giving moral support. Azlan said he decided to make his statement after collecting information obtained during the trial, as well as that sent to him by the public.

"As a Malay and a Muslim, I started to realize the evil of this plan. I don't want to continue to conspire with this malicious slander. I want the people who love this country to know their malicious intention," he said. "If this malicious intention continues, not only the Malays and Muslims would be destroyed, but the nation would be destroyed as well. I do not want to see this happen."

National Harmony Bill may be renamed

Law minister Nancy Shukri says that the National Harmony Bill is still being drafted by the government and may be renamed.
UPDATED

KUALA LUMPUR: The National Harmony Bill will not be tabled at the Parliament seating next week, said Minister in the Prime Minister’s Department Nancy Shukri today.

Speaking after attending a function at the MIC headquarters, the law minister said that the bill is still in the process of being drafted and may be renamed.

“To be honest it is a lengthy process. Even today I met the Bar Council to discuss the bill. We want their views to be taken into account before tabling the bill.

“It is a very important bill. So it is better to take time to draft a bill with more positive elements and not look draconian, ” she said.

Her statement however contradicted an earlier statement made on October 23, where Nancy was reported to have said that the National Harmony Bill was sent to the Attorney General’s Chambers for scrutiny.

In July 2010, Prime Minister Najib Tun Razak announced that the government would repeal the Sedition Act 1948 and replace it with the National Harmony Act, under the Government’s Transformation Plan.

He said the new Act will safeguard the right to freedom of speech while protecting national unity by preventing incitement of religious or ethnic hatred.

Nancy also said the government would not tabling the amendment to the Bankruptcy Act 1967 in the next parliamentary session.

The amendment will provide several alternative provisions so that creditors can get back their money based on the insolvency legal framework such as “individual voluntary arrangement” and “debt repayment scheme.”

On proposed legislations that would be tabled next week, Nancy said her ministry would be tabling an amendment to the Judges’ Remuneration (Amendment) Bill 2013, which would allow a slight increment of pension for judges.

“There are also some other bills we will table during the parliament session but I can’t say anything further, ” she said.

Liwat II: Hakim bertindak betul bebaskan Anwar, kata Karpal

MCA: Just because Perkasa was there, doesn't mean we're with them

Jihadists loaded bomb devices into ambulance carrying pregnant woman from Syria into Turkey

While Israel is constantly excoriated for supposedly targeting civilians, we see Islamic jihadists in Gaza and now in Syria deliberately staging jihad operations in areas where civilians will almost certainly get hurt by retaliatory action. Loading bomb devices for jihad attacks in Turkey onto an ambulance carrying a pregnant woman shows yet again the egregious jihadist disregard for human life and cynical willingness to use civilians for cover.

“Bomb devices found in ambulance that carried pregnant woman from Syria,” from the Hürriyet Daily News, March 4 (thanks to Kenneth):

Heavy weapons and five bomb devices were found in an ambulance that carried a pregnant woman from Syria to the southeastern province of Kilis three weeks ago, a few days before an attack on the Öncüpınar crossing border that left 26 dead.

Authorities believe based on intelligence reports that the devices were likely loaded in the ambulance by the Islamic State of Iraq and the Levant (ISIL), as the jihadist group was suspected of attempting to carry out a bomb attack on the crossing border, daily Milliyet reported March 4.

The ambulance charged with the weapons crossed the Turkish border on Feb. 17, the report said, only three days before the deadly blast in Öncüpınar.

The weapons were accidentally discovered after the ambulance’s tires blew out as it passed over a trap, while delivering the patient to Turkish officials in the buffer zone on the Öncüpınar border. The Syrian driver jumped out and ran away, leaving the ambulance unattended. A later inspection of the ambulance by security forces revealed that it contained five bomb devices, long-barreled shotguns and a rocket projector, the report said….

Ultraman book banned for 'undermining public order' - Malaysiakini

 

Even a superhero cannot escape the long arm of the Home Ministry.

According to Bernama, the Home Ministry today gazetted a ban against the book ‘Ultraman The Ultra Power’, purportedly because it contained “elements which undermine public order”.

The book, seemingly about the Japanese hit show adored by children for generations, was banned under Section 7(1) of the Printing Presses and Publications Act 1984.

The book, which is in Bahasa Malaysia, is published by Resign Publications and printed by Network Printers.

“It is an offence under Subsection 2 Section 8 of the Printing Presses and Publications Act 1984 for anyone to print, import, produce, reproduce, publish, sell, distribute, offer to sell or distribute or own any banned publications,” the home minister is reported to have said in a statement.

Running foul of this law could land one in jail for no more than three years or fined no more than RM20,000 or both.

Ultraman is not the first popular Japanese cartoon character to get slapped with a ban.

In 2005, an edition of the comics featuring the loveable rotund robot cat Doraemon was deemed haram (forbidden) by the Islamic Development Department (Jakim).

‘Majalah Tora Aman Doraemon - Kisah Penciptaan Dunia’ was one of nine titles considered haram by the 69th meeting of the Censorship Council on Publications With Islamic Elements led by Perak mufti Harussani Zakaria.

“These books have been agreed as haram and the list will be presented to the Home Ministry to be gazetted as banned (for Muslims),” Jakim then said.

Hindraf queries move to revive Indian affairs panel

 

Persatuan Hindraf Malaysia (PHM) secretary P Ramesh has questioned the government’s move to revive the Cabinet Committee on Indian Affairs, asking whether it is a panicked move to restore Indian Malaysian support for Prime Minister Najib Abdul Razak’s leadership.

Ramesh said such a move was doomed to fail, because other committees targeted at the Indian Malaysian community had failed, and people have already lost faith in the government.

“If the PM is trying to appease the Indian community that he is keeping to his promises by reviving the dead cabinet committee, he is unmistakably wrong on his assessment of the psyche of the Indian community.

“The Indian community has had enough of the BN’s broken promises and their wayang kulit (shadow play) along with their Indian political allies. They have totally lost hope in the MIC,” Ramesh said in a statement today.

According to the online news portal Free Malaysia Today, Najib yesterday chaired the dormant committee’s first meeting since 2010.

'PHM blueprint the only option'

Quoting unnamed sources in the Prime Minister’s Office, it says those who attended included MIC president and Natural Resources and Environment Minister G Palanivel, Health Minister and MIC deputy president Dr S Subramaniam, MIC vice-president and Deputy Youth and Sports Minister M Saravanan, and MIC central working committee member and Deputy Education Minister P Kamalanathan.

Meanwhile, Ramesh also took the opportunity to reiterate that PHM’s blueprint of socio-economic reforms is Najib’s ‘only option’ for a comprehensive solution to the Indian community’s problems, saying that piecemeal solutions won’t work.

“There is no point flogging a dead horse. Just get cracking and implement the promises made in the general election wholeheartedly, with the help of sincere people out there who are really committed to helping the community.

“Hindraf urges the BN component parties to review their decision not to honour their election promises,” he said.

The blueprint is central to the memorandum of understanding (MOU) signed between the association and BN prior to the 13th general election, which dealt mostly with establishing a committee to oversee the blueprint’s implementation.

It was under the terms of the same MOU that PHM chief P Waythamoorthy was appointed as a deputy minister in the Prime Minister’s Department.

He resigned from the post last month, after holding it for just eight months, claiming that the government has not honoured the terms of the MOU.

Show concern for public health, Palanivel told

Vell Paari has urged the Natural Resources and Environment Minister to be more proactive on the haze situation and be open to criticism.


PETALING JAYA: Former MIC central working committee member S Vell Paari has urged Natural Resources and Environment Minister G Palanivel to show some concern for public health and their well-being during the current haze problem.
He recalled an incident when the MIC president rushed off to visit his sick grandchild in Australia just after the party annual general assembly in December.

“When you can do that for your grandchild, why can’t you have the same concern for the people who put you where you are now?” asked Vell Paari.

On Tuesday, Vell Paari criticised Palanivel for keeping mum over the worsening haze situation in the Klang Valley.

“Palanivel does not have even the courtesy to call for a press conference to calm ruffled feathers of the rakyat. He should be the one explaining to the people about the haze.

“As the minister responsible for the environment, Palanivel has a duty to care for the citizens and explain the real situation. But I think he is not even bothered,” he was reported saying.

MIC information chief L Siva Subramaniam said the party could take disciplinary action against Vell Paari for criticising Palanivel.

“Do not underestimate Palanivel just because he is a patient man,” said Siva Subramaniam.

Vell Paari, who is the son of former MIC president S Samy Vellu, said it was obvious that the haze problem could not be solved anytime soon unless the Indonesian government was proactive on tackling the open burning problem.

Therefore, he said, it was important for the minister in charge of environment to be proactive and alert the public, especially those with respiratory problems, on the health hazards caused by the haze.

“At the very least, instruct your ministry to give out face masks to schoolchildren and ensure there is adequate water supply in schools,” he added.

On Siva Subramaniam’s threats that the party could take action against him, Vell Paari said that he was merely exercising his democratic right to give constructive criticism.

“There are people who even criticise the prime minister and his deputy on several issues. Kinabatangan MP Bung Mokhtar Radin also criticised a minister in the past.

“Besides, I am only critisising Palanivel in his capacity as a minister, not as the MIC president.

“If you cannot accept criticism, then don’t be in a position that will attract criticism,” he said, adding that even MIC treasurer S Murugesan had criticised the Health Ministry for the recent spike in healthcare costs.

Vell Paari said that it was the party president who had voiced support for freedom of expression in his speech at the party AGM in December.

“I know how to defend myself if the party takes action against me,” said Vell Paari.

Polis ‘diam’ kes serangan warga asing terhadap orang asal

Seorang pegawai polis didakwa orang asal telah dihantar oleh majikan warga asing tersebut untuk menawarkan duit bagi menutup kes.


KUALA LUMPUR: Sekumpulan orang asal dari Lojing, Kelantan, hari ini membuat aduan ke Biro Tatatertib Polis Bukit Aman susulan kegagalan pihak polis untuk mengambil tindakan ke atas serangan warga Myanmar ke atas orang asal bulan lalu.
Salah seorang mangsa, Itam Anjang, 49, yang menetap di Kampung Kuala Tahu Lojing berkata dia bersama empat lagi rakannya dalam perjalanan ke kampung bersebelahan untuk ke rumah abangnya bagi menghadiri satu mesyuarat komuniti orang asal sebelum diserang oleh sekumpulan warga Myanmar yang bekerja di kebun sayuran pada 25 Feb lalu.

“Masa itu lebih kurang jam 11 pagi dalam perjalanan tersebut ada sekumpulan warga Myanmar sudah menanti di kebun. Mereka menaiki sebuah traktor dan Hilux (kereta pacuan empat roda).

“Masa itu kami tak tahu niat mereka sebelum tiba-tiba kami diserang sehingga hancur sebiji motorsikal. Jadi kami terus melarikan diri namun saya dipukul di bahagian kepala sehingga pengsan,” katanya kepada wartawan di hadapan Ibu Pejabat Polis Bukit Aman hari ini.

Menurut Itam, kumpulan warga Myanmar berjumlah 200 orang itu turut bersenjatakan parang panjang dan tali.

“Saya sempat beritahu mereka yang hari ini saya matilah dipukul tanpa sebarang dosa,” katanya.

Menurut Itam lagi, mereka terperanjat apabila laporan polis mereka seperti tidak diendahkan oleh pegawai yang bertugas.orang asl1

“Kita buat laporan polis (keesokan harinya) dan mereka kata ini kes ‘sikit hal’.

“Kemudiannya, polis memberitahu saya yang warga Myanmar itu mendakwa saya lari sendiri dan jatuh ke batu, rakan saya pula mabuk dan jatuh manakala motor yang ditunggang abang saya kemalangan sendiri,” katanya lagi yang menerima tujuh jahitan di kepala.

Itam turut mendakwa seorang pegawai polis berpangkat sarjan mendekatinya selepas itu untuk cuba menutup kes.

“Dia datang dan beritahu saya majikan warga Myanmar tersebut menawarkan RM500 untuk menutup kes.

“Saya cakap kalau bagi saya RM100, 000 pun saya tak nak ambil. Saya warga Malaysia…pendatang asing datang sini cari makan tapi pukul kita,” katanya lagi.

Seorang lagi mangsa, Rahman Uda, 39, yang menerima 15 jahitan kerana kecederaan di bahagian kepala akibat dipukul dengan kayu berkata mereka tidak mengetahui mengapa mereka

“Masa tu saya tidak pandang ke belakang dan terus berlari. Mula-mulanya saya dibaling dengan batu di bahagian belakang badan sebelum saya dipukul dengan kayu di kepala,” kata Rahman yang sering pening dikepala akibat kejadian tersebut.

Rahman, yang terpaksa bermalam di hospital selama dua hari tu menambah sehingga hari ini dia masih tidak mengetahui mengapa mereka diserang.

Kumpulan orang asal ini turut mengesyaki kejadian itu didalangi oleh sebuah syarikat pertanian di sana yang mengupah warga Myanmar, yang diketuai oleh seorang lelaki bernama Ali untuk memukul masyarakat orang asal.

Kumpulan orang asal ini turut ditemani oleh wakil dari Majlis Peguam yang turut kesal orang asal ini cuba disogok dengan wang ringgit untuk menutup kes.

“Kami memberitahu mereka jika mereka tidak berpuas hati dengan polis di Kelantan mereka boleh membuat aduan di Bukit Aman.

“Kami berharap polis Bukit Aman dapat menyelesaikan perkara ini supaya keadilan untuk orang asal dapat ditegakkan,” kata wakilnya Siti Kassim.

Jelas Siti, ini bukan pertama kalinya perkara ini berlaku dan perkara ini sudahpun diajukan kepada kerajaan negeri Kelantan, namun tiada sebarang tindakan yang diambil.

Tambah Siti lagi, pihaknya tidak menolak kemungkinan kejadian ini berbabit dengan pengambilan tanah orang asal untuk diusahakan tanpa mendapat persetujuan orang asal.

‘Semen samples could have been switched’

Karpal Singh told the Court of Appeal that he took strong objections to Shafee's remarks on Anwar.
UPDATED

Anwar Karpal SinghKUALA LUMPUR: Karpal Singh, who leads Anwar Ibrahim’s defence team, took the Umno-linked prosecution lawyer Muhammad Shafee Abdullah to task for maligning Anwar this morning in the Sodomy 2 appeal.

Shafee had earlier today criticised Anwar in court for making his statement from the dock rather than the witness stand during the trial.

The Court of Appeal earlier today heard the prosecution team’s appeal on PKR supremo Anwar Ibrahim’s acquittal from the High court last year on the charge of sodomising his former aide, Saiful Bukhari Azlan.

Presiding the case are Justices Balia Yusof Haji Wahi, Aziah Ali and Mohd Zawawi Salleh. Lawyer Karpal Singh is leading Anwar’s defence team. Anwar failed three times in his bid to disqualify Umno linked lawyer Muhammad Shafee Abdullah from leading the prosecution team.

On Jan 9, 2012, Anwar, now 66, was acquitted by the High Court of a charge of sodomising his former aide Mohd Saiful Bukhari Azlan at a condominium unit in Bukit Damansara in 2008.

Karpal told the court that : “An accused person… may remain silent. These are his subjective rights. Anwar chose what is his right to make a statement from the dock. The prosecution shouldn’t be allowed to make any remarks to posion the courts’ mind.

“Shafee owes more than an apology to Anwar for maligning him just now.”

Karpal also contended that the DNA sample was compromised because investigating officer Jude Pereira had failed to place the evidence in the freezer as ordered by chemist Dr Seah Lay Hong.

He said that Pereira had acknowledged during the Sodomy 2 trial that the samples may degrade because it had not been placed in the freezer.

“[Pereira's] answer certainly reflects that he knew the samples had to be preserved,” added Karpal.

Karpal stressed that on that ground alone, the appeal should be dismissed.

“The learned trial judge adequately dealt with the basic structure of case against Anwar Ibrahim.”

Karpal also cast doubts on the testimony of Mohd Saiful Bukhari Azlan, whom he described as “the star witness”.

He noted that while Saiful was “no country bumpkin”, having studied in college and later offered a degree in electrical engineering, yet the latter delayed lodging a police report against Anwar for two days.

Karpal pointed out that Saiful also first told Dr Mohamad Osman Abdul Hamid when seeking treatment at the Pusrawi Hospital that he had been assaulted and plastic object had been inserted into his anus.

But Saiful changed the account of the events when he lodged the police report, Karpal reminded the appellate court.

The third man

Meanwhile, Anwar’s counsel Ram Karpal submitted that the DNA samples the chemists had examined were either contaminated or illegally obtained.

“All parties agreed there was contamination of B5 (the swab of Saiful’s perianal), even PW5 (Prosecution Witness Dr Seah Lay Hong, chemist) agreed to this,” Karpal told the appellate court.

“There was another male contributor (found on the swab). So one of the samples at least was contaminated by a third person,” he said.

“This is not in dispute.”

Evidence B9 (the swab of Saiful’s lower rectum), meanwhile, was also found to have a third, male contributor.

“Meaning perhaps the complainant was penetrated by a third party. That (possibility) has not been excluded,” said Ram.

“From the evidence, it’s certainly contaminated.”

He further added that one of the chemists’ duty was to identify “Male 1″ based on a toothbrush and face towel seized from Anwar’s lockup.

“If the court views that the items obtained during lockup were illegaly obtained, then there would be no identification of Male 1. If that’s the case, the entire identification by the prosecution is flawed,” said Ram.

Ram also raised the possibility that the semen samples taken from Saiful’s rectum were not the same samples presented to the chemists for examination.

He said that the semen samples were only obtained from Saiful’s anus 36 hours after the alleged incident, and it spent another one day and a half in a cabinet before the chemist examined it.

He pointed out that even though Pereira had subjected the samples to possible degradation due to his failure to store it in a freezer, the chemist later said the samples were in pristine condition when they examined it.

“There is a possibility that this is not the same samples retrieved from PW1 (Saiful). You would expect degradation, but it was not present,” said Ram.

Hearing continues tomorrow

Will Pakatan save Barisan for the next 10 years?

If historical pattern of Umno’s revivals after 1990 and 1999 can be of any guide for the future, Umno is now deprived of its first favourable condition: policy or leadership change.

Wong Chin Huat, Fz.com

MANY people will celebrate this coming Saturday as the 6th anniversary of the 2008 Political Celebration.

For Malaysians who want regime change, March 8 is the most commemorative date on the calendar because it gives them hope, or in the words of writer Kee Thuan Chye, it was “the day Malaysia woke up.”

March 8 six years ago was the day the Opposition parties, for the first time after 1969, denied the ruling coalition its customary two-thirds, and first time ever, rule a host of five states. It was the day many Malaysians discovered that their votes actually could make a difference.

But the very reason why March 8 is so widely commemorated by Pakatan Rakyat and Civil Society is also really because they cannot celebrate May 5, the day that is supposed to end Umno’s 59/51 years rule of Malaya/Malaysia.

In other words, every celebration of the greatness of March 8 is an unspoken mourning over the failure of May 5.

So, how many more years will the Malaysia democrats celebrate most grandly the March 8 near-miss because they cannot celebrate regime change?

How did Umno/BN rebound from near-misses?

The answer may lie with Pakatan Rakyat: PKR, PAS and DAP.

Lest we forget, 2008 was not the first time Umno and BN escaped their defeat. In fact, it was the third, after the 1990 and 1999 abortive attempts. Each time, Umno and BN bounced back stronger than before.

In both the 1990 and 1999 episodes, three things happened: change – of policy or leadership – in BN; break-up of the opposition coalition; and, seat increase and constituency redelineation.


1. Change in BN Policy/Leadership

Conventionally, the First-Past-The-Post electoral system forces political parties to win the middle ground voters. Hence, electoral set-backs will often lead to change of policy or leadership to restore a party’s popularity or voters’ confidence on it.

BN followed this rule in 1990 when the opposition won 47% of votes, and some 70% support amongst Chinese voters. But it managed to secure majority of Malay voters west of Banjaran Titiwangsa because Tengku Razaleigh wore a Kadazan traditional headgear with a crucifix-like pattern. That became the evidence he sold out the Malay-Muslims to Kadazan-Catholics.

To win back the Chinese voters, within four months from election, Tun Dr Mahathir Mohamad dished out Vision 2020 and introduced cultural and educational liberalisation, which paved way for significant increase in Chinese support of BN for the next three elections.

In 1999, BN secured the support of the Chinese who were largely afraid of another 1969-style post-election riot as well as an Islamic State should PAS come to power. But the Malays were polarised by Mahathir, whose sacking of Datuk Seri Anwar Ibrahim was seen by many Malays as tyrannical and un-Malay.

To save Umno, Dr Mahathir retired on November 2003. In March 2004, his successor Tun Abdullah Ahmad Badawi called a fresh poll and won a 91% parliamentary majority.


2. Break-up of Opposition Coalition

Umno/BN’s revival requires the Opposition coalitions to break-up so that middle-ground voters can be convinced that Umno/BN is the only electable party to run the country.

Some misunderstood that the opposition parties were more disunited than the BN parties. The actual fact is that coalitions are much built by the benefits and prospects of staying in power.

That’s why Umno schisms in both episodes would lead to formation of opposition coalitions which were respectively led by Razaleigh’s S46 and Anwar’s Keadilan.

When the opposition coalitions lost the elections without even denying BN’s two-third majority, the incentives to hold the opposition parties together disappeared.

After 1990, PAS pushed Hudud Law in Kelantan, S46 became more Malay nationalistic, and DAP soon quitted the opposition pact. And PAS and S46 too fought in Kelantan before Razaleigh’s troop rejoined Umno.

After 1999, PAS pushed Hudud Law in Terengganu, while PKR with Anwar in jail couldn’t do much, not long after the 911 Incident, DAP again called it quit.

And of course, disarrayed oppositions made BN naturally appealing, especially after policy and leadership changes respectively.


3. Seat Increase and Constituency Redelineation

While the above two factors are well-known, few realise the BN’s rebound was amplified by seat increase and constituency redelineation in the Peninsula that happened before the next election.

The 1994 redelineation was packaged with an increase of 12 seats in Peninsula, leading to a net of six more seats allocated for Umno to contest.

While Mahathir’s BN was no doubt way more popular in 1995 than in 1990, DAP and PAS were shortchanged in the Peninsula by constituency redelineation.

In 1990, DAP won 20 seats (then 15.15% of the Peninsula’s total) with 18.04% of votes, yielding a vote value of 84%. To get the concept of vote value, think of vote analogously as a bank note, DAP could only get RM 0.84 worth of goods with a RM1 note.

By 1995, its vote share dropped by about one third to 12.13%, but its seat dropped sharply to only 8 (now 5.56%), yielding a vote value of 46%. In other words, the value of a DAP vote was almost halved.

Similarly, despite a slight increase of vote share from 7.79% to 8.45%, PAS found itself still winning only seven seats in a larger pool. The value of a vote for PAS dropped from 68% to 58%.

Abdullah’s 91% parliamentary landslide in 2004 was BN’s largest since Independence but his vote share, 63.85%, was only the second highest. Mahathir bagged the highest vote share of 65.16% in 1995 but only 84.38% of seats.

How did Abdullah do better than his predecessor? Again, his magic is in seat increase and constituency redelineation.

The Election Commission under Tan Sri Abdul Rashid Abdul Rahman helped him with an increase of 26 seats in the Peninsula and Sabah (including Labuan) in 2003.

In 1995, Mahathir’s BN won 65.27% of votes in these two regions, which was translated into 82.42% of their total seats, yielding a vote value of 126%. By 2004, Abdullah’s BN won 90.05% of seats with 63.72% of votes, yielding a vote value of 1.41.

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Kajang by-election: Unholy haste to fix Anwar Ibrahim

The dates insisted upon by the Court of Appeal are on the eve of nomination day for the Kajang by-election.
P Ramakrishnan, Aliran executive committee member

It is conceded that Anwar Ibrahim will definitely win the Kajang by-election with a runaway majority.

Nothing can stop or impede that inevitability. That win will be a mortal blow to the Barisan Nasional whose fortunes will crumble thereafter.

Politically the BN can do nothing to arrest this trend. And it is desperate to stop Anwar from contesting the Kajang by-election.

Will the outcome of his court case stop Anwar from his foregone victory in Kajang? Thinking Malaysians seem to think that would be the case!

YB N Surendran’s press statement disclosing some disturbing details is rather ominous. We have to fear for Anwar.

It is said, “Justice is that virtue that assigns to every man his due.” Is Anwar being given his due? That is the crucial question.

According to Surendran, “The appeal had been fixed for case management on 28 February 2014. Anwar’s lawyers then received a call from the deputy registrar of the Court of Appeal asking for free dates between 7 March and 10 March 2014. It should be noted that the dates insisted upon by the Court of Appeal are on the eve of the nomination day for the Kajang by-election. (If Anwar is convicted, he would be disqualified from contesting the by election.)”

It is very strange that the appeal had been fixed for case management on 28 Feburary and six days later the government’s appeal against Anwar’s acquittal was scheduled to proceed on 6 March 2014.

It is inexplicable that the court should insist on fixing 6-7 March as appeal dates despite Anwar’s lawyers stating that those were not free on those dates. Shouldn’t this fact be taken into account when fixing the dates? After all, shouldn’t Anwar’s lawyers be free to do justice to Anwar’s defence? Why should the court fix the dates that are not free and convenient to Anwar’s lawyers?

Why should the court be so insistent? According to Potter Stewart, “Swift justice demands more than just swiftness.”

If the business of the court is to deliver justice, shouldn’t the court be guided by mercy and compassion as well?

Anwar was acquitted on 9 January 2012, more than two years ago – almost two years after the trial started. If it had taken more than two years to come to this stage, would a delay of a few weeks or months have interfered with justice?

What were the compelling reasons for wanting the appeal to proceed specifically on 6-7 March? What was the rational for dismissing the fact that Anwar’s lawyers are not free on those dates fixed by the court?

“Justice and judgment lie often a world apart,” said Emmeline Pankhurst, British political activist and leader of the British suffragette movement who helped women win the right to vote. In Anwar’s case this seems to be so true.

It is this development that has disturbing implication. It has led many to wonder why the judiciary is so rigid in Anwar’s case. There is this public perception that the judiciary may be used by the BN to stop Anwar in his tracks.

Our courts should not be seen to be used for political vendetta; it must not even be perceived to be so.

If Anwar is disqualified from contesting the Kajang by-election on 11 March, then this perception will, unfortunately, become a fact. That would be a tragedy not only for all of us but also for the nation.

Let’s remember and be reminded by what was said by William Ewart Gladstone: “National injustice is the surest road to national downfall.”

Applauding Khairy’s suggestion to revise BTN

The Malay Mail Online
March 6, 2014

MARCH 6 ― In The Malay Mail dated 5 March, Umno minister Khairy Jamaluddin has suggested a revision of the country’s National Civics Bureau (BTN) training courses, saying undergraduates should be treated like adults and not taught to be blind supporters of the government.

I, myself have never been to any of BTN courses. However, a few years back, a friend of mine who was working for a government agency and was dating a lovely Chinese lady received a directive from his superior to attend a BTN course.

Upon returning from the course held somewhere in the state of Pahang, we went for our weekly coffee session and he shared with me his experience about the course he attended. He mentioned,

“The course made me racist. I feel that the other races are not thankful enough for being in Malaysia. We should show them that we are the boss and they better respect it.”

I was shocked.

This came from a person who I knew since I was ten, had zero racist streak in him and I must highlight that he professed his love to his (then) Chinese girlfriend every day (and night, almost).

My other friend who was with us was not surprised because he heard the same thing from his other friends who attended one or more of those courses. Apparently, BTN is known for brainwashing the participants by masquerading as an agency tasked to instil patriotism and train Malaysia future leaders.

The closest one I had to BTN was when I was in secondary school, a substitute teacher for Sejarah put the map of Malaysia on my classroom’s whiteboard, and told the whole class that the Malays sacrificed Tanah Melayu for Malaysia. He said that our nation was supposed to be land of the Malays, but we tolerated and accepted ‘them’ and changed the name of our beloved land from Tanah Melayu to Malaya and later, Malaysia.

(Yes, this was years before ISMA came out with a ‘scientific study’ claiming the existence of Malay genetic could be traced back to 30,000-40,00 years earlier compared to the Chinese and the Indians.)

Honestly, at that time, I bought it. There was a sense of pride came rushing over me and for a good week or two, I looked at my non-Malay friends differently, in a not so good way. Thinking that I was above them. Fortunately, I got over it when I had to go to them for help with my Mathematics exercise (or was it to chat about the latest high school drama that was happening that week?)

Back to BTN. Are these allegations true? If they were, the time, energy, funds (paid by the taxpayers) and efforts that are being used to inflict hate and further causing racial and religion polarisation should be properly channelled to encourage patriotism, inspire unity, and promote toleration and togetherness among Malaysians.

The suggestion by our Youth and Sports Minister to revise BTN training courses and encourage critical thinking skills should be welcomed. I too agree with the Rembau MP when he said that youths should not blindly support the government but should be able to decide for themselves if the government deserves such backing.

I was also under the impression that KJ admitted BTN has a must-have-syllabus on giving thanks and being grateful to the government.

BTN should be a delightful course to educate the participants about our beloved country, to remind them of our colourful history, to make patriotism cool and to show how proud we are to be Malaysians.

Instead of shoving one-sided information to our students, similar revision or reform should be applied to our current education system as well, say by removing the political element in our already too far politicised education system? Well, that is another story.

* Dyana Sofya Mohd Daud is a political secretary to MP of Gelang Patah, YB Lim Kit Siang.

Najib Hopes Malaysia Can Develop Stronger Link With British Industries

KUALA LUMPUR, March 6 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak Thursday night expressed the hope that Malaysia could develop a stronger link with British industries, especially in Islamic Finance, and open up wider opportunities for shariah-compliant investments.

"Last year, together, we successfully brought the World Islamic Economic Forum to London; and in the spirit of friendly competition and shared prosperity, we were pleased to see the United Kingdom making a play for the Islamic finance market," he said when speaking at the British-Malaysian Chamber of Commerce's 50th Anniversary Gala dinner, in Kuala Lumpur.

Najib said the visit by British Prime Minister David Cameron two years ago signalled the beginning of a stronger economic relationship, one founded on closer political cooperation.

"To sustain this momentum, Prime Minister Cameron and I pledged to increase investments and double the value of bilateral trade to 8 billion pound sterlings or about RM26 billion by 2016.

"This commitment was needed because our long history of engagement is not reflected in our bilateral trade figures," said Najib, who is also Finance Minister.

Besides Islamic Finance, the tourism sector also continued to feature high on engagement with the United Kingdom, the prime minister said.

"Last year's Malaysia Night saw Trafalgar Square bursting with Malaysian colour. More than 35,000 visitors attended the event and, knowing British tastes, I suspect a similar number of roti canai were sold," he said.

As Visit Malaysia Year 2014 gets underway, Najib is confident that the British-Malaysian Chamber of Commerce will continue to play their part in encouraging Britons to come to Malaysia, whether for business or pleasure.

"And in the end, it is good people-to-people contact that defines and enrich our economic relationship," he said.

At the event, Najib also signed a Bilateral Trade Support Initiative between Malaysia and the United Kingdom with the objective to encourage more British small and medium entrepreneurs to export to Malaysia.

The key focus area under the initiative is the Overseas Business Network Initiative, which has been designed to provide assistance and support services to British SMEs looking to expand overseas.

Najib said: "I am pleased to note that the chamber is playing an important role in helping to deliver that commitment, becoming the local partner for the Overseas Business Network Initiative.

"We have come a long way and the British-Malaysian Chamber of Commerce has been an invaluable travelling companion, bringing our nations closer together by finding common opportunities," he added.