Press Release | The Bar is Pro-Rule of Law and Justice, Not Pro-Opposition or Government

Much has been said of the prosecution of Dato’ Seri Anwar Ibrahim, and there appears to be some obfuscation.   Those who are misconstruing or distorting the Malaysian Bar’s press release of 11 February 2015, which was plainly and clearly only in respect of the prosecutorial process, should cease doing so.  

Without recapping the issues raised therein, the Malaysian Bar wishes to address some issues that have arisen in the past week.

The prosecutor-by-fiat in the Dato’ Seri Anwar Ibrahim case has been reported to have been giving interviews, attending roadshows purportedly organised by a political party in Government, and with his name used in suggestions for debates.   It was subsequently reported that the roadshows were not at the behest of or sanctioned by that political party.

Is such conduct befitting or compatible with the dignity of a prosecutor or the office of the Public Prosecutor?  Is it appropriate or proper for a prosecutor to replay the prosecution by way of roadshows or public debates?  Does a fiat given to a prosecutor to conduct a prosecution confer a licence to embark on a public tirade against a convicted and incarcerated person, or has the prosecutor-by-fiat been nevertheless authorised by the Public Prosecutor to undertake these activities?

A former Attorney General is reported to have said that such conduct is unprecedented.

The “Standards of professional responsibility and statement of the essential duties and rights of prosecutors” adopted by the International Association of Prosecutors on 23 April 1999 provide, amongst others, that prosecutors shall:

(1) at all times maintain the honour and dignity of their profession;

(2) always conduct themselves professionally in accordance with the law and the rules and ethics of their profession;

(3) at all times exercise the highest standards of integrity and care;

(4) strive to be, and to be seen to be, consistent, independent and impartial;

(5) always serve and protect the public interest; respect, protect and uphold the universal concept of human dignity and human rights;

(6) remain unaffected by sectional interests and public or media pressures and shall have regard only to the public interest; act with objectivity; and 

(7) preserve professional confidentiality.

 

Furthermore, the “Guidelines on the Role of Prosecutors” adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990 provide, amongst others, that prosecutors shall:

(1) as essential agents of the administration of justice, at all times maintain the honour and dignity of their profession;

(2) in accordance with the law, perform their duties fairly, consistently, and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system; 

(3) carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination; 

(4) protect the public interest and act with objectivity; and

(5) keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise.

Are prosecutors governed by a set of practice and etiquette rules established by the Public Prosecutor, who is also the Attorney General, in a similar vein to the standards and guidelines referred to above, or the Legal Profession (Practice and Etiquette) Rules 1978 that govern advocates and solicitors?

The Public Prosecutor should perhaps shed light on these matters.

The prosecutorial discretion pursuant to Article 145(3) of the Federal Constitution is vested in the Attorney General.  However, as the late Sultan Azlan Shah once said, there is no such thing as an unfettered discretion, as every discretion has its legal limits.  Thus, although the exercise of discretion may be vested in an office, the exercise of it is accountable and is not beyond scrutiny.

There may thus be occasions when the Public Prosecutor or his office may be required to render an account of the exercise or non-exercise of the prosecutorial discretion or conduct on certain matters raised by the public.  We ought to bear in mind that, in any criminal prosecution, the Public Prosecutor’s office represents the public interest, and not the Government.  Criminal prosecutions are thus in the name of the Public Prosecutor, and not in the name of the Government of Malaysia.

The account or clarification would usually be done in a clinical, measured and dispassionate manner, mindful that the office is a public office acting in furtherance of the public trust.

 

There certainly should be no place for roadshows or debates.

Any roadshow or public debate by a prosecutor with respect to a prosecution he had conducted, culminating in a conviction, would add nothing to the conduct of the prosecution, proceedings or conviction, but may potentially embarrass, or affect the public confidence in or perception of, the office of the Public Prosecutor.

It was also reported that the prosecutor-by-fiat had referred to, and revealed in public, matters or details of proceedings expressly held in camera.

Proceedings held in camera are proceedings that are not conducted in open court, and are without the presence of the public.  The court would usually make directions or set terms as to the ambit of the restriction in terms of any revelation or publication of the matters heard in camera.  Whether it is improper or a contempt of court for a prosecutor (or a prosecutor-by-fiat) or any party to reveal or publish matters and evidence heard in proceedings held in camera would depend on the directions made or terms set, if any, by the court, and whether those directions or terms have been breached.   

The directions or terms made with regard to any particular proceedings held in camera could only be ascertained from the notes of court proceedings on the matter, if available, and any breach thereof would be a matter for the parties involved in the criminal trial or the court itself to take up.

The media release dated 12 February 2015 by the Attorney General is an example of an account or response by the office of the Public Prosecutor in a clinical, measured and dispassionate manner.

We thank the Attorney General for the statistics provided with regard to prosecutions undertaken between 2010 and 2014 pursuant to section 377B of the Penal Code.  It would be informative to have the statistics, if any, for such prosecutions under section 377B from the 1990s to 2009. 

The law is only as good and fair as if it is consistently and equally applied and enforced.  Section 377B, read with section 377A, criminalises both sodomy and oral sex (fellatio).  Section 377D has in the past been used to prosecute a participant or abettor in consensual sodomy.  The offences apply to heterosexuals and homosexuals.  It would be instructive to see what the statistics are for prosecutions for consensual oral sex under section 377B, read with section 377A, and under section 377D.

An analogy was drawn in the Attorney General’s media release with a prosecution for a corruption offence, to explain why the complainant was not charged as a participant for abetment in the prosecution for consensual sodomy against Dato’ Seri Anwar Ibrahim.

Is it a matter of policy, in the overall and long-term public interest, to grant immunity to those who are participants in an offence in order to prosecute other participants, instead of plea bargaining for an admission and lesser sentence, except where the participant is an agent provocateur acting with or emplaced by the authorities in a sting operation?   

In line with the analogy drawn in the said media release, it is to be noted that section 11 of the Whistleblower Protection Act 2010 provides that a participant in an offence cannot enjoy protection under the said Act, including the removal of any immunity from criminal action.  Although this Act came into force subsequent to the charge against Dato’ Seri Anwar Ibrahim and is largely concerned with corruption, it may said that section 11 of the said Act is a statutory codification or reflection of the public interest policy with respect to there being no immunity for participants in offences.

The Bar raises these issues and asks questions because it is pro-rule of law and pro-justice.  The Bar is neither pro-Opposition nor pro-Government.  

Christopher Leong

President

Malaysian Bar

Govt Can Consider More UTCs For S'wak Once Each State Capital Has One - PM

KUCHING, Feb 26 (Bernama) -- When the government realises its objective of having an Urban Transformation Centre (UTC) in each state capital, phase two of the initiative will possibly see more UTCs in Sarawak considering the vastness of the state, said Prime Minister Datuk Seri Najib Tun Razak.

He said, however, this would depend on increased revenue for the government and the nation being on a very strong fiscal footing.

The UTCs, he said, became testimonies of the government's commitment towards realising its "People First, Performance Now," philosophy when they turned out to be a resounding success in facilitating the people in dealing with not only government agencies but also the private sector.

"Once the first phase is settled (to have a UTC in each state capital), we can consider a second round towards meeting the call by Sarawak Chief Minister Tan Sri Adenan Satem for more UTCs in the state," he said when opening UTC Sarawak in Jalan Bukit Mata here tonight.

Having a floor space of 29,000 square feet, UTC Sarawak, which is the eighth UTC in the country and started operations at the end of last September, now houses 47 government and private agencies under one roof.

The UTC is a brainchild of the Prime Minister to provide a one-stop centre for urban communities to deal with key government agencies and is part of the country's National Blue Ocean Strategy (NBOS).

It was introduced to improve the delivery system to the people via strategic partnerships between government agencies and the private sector.

According to Najib, with the full commitment of the government, UTC Sarawak costing RM48.5 million was up and running within 12 weeks and since January, has received more than 260,000 visitors.

He said transformation in terms of finding solutions to challenges required creative and strategic thinking, and that the UTC, which came about through brainstorming, was a fine example of this.

"This is the end result, we could come up with these UTCs which no other country has been able to do. Hopefully, it will inspire greater confidence of the people in the government which is very committed and serious not only about improvements, but transformation across the country, no matter urban or rural areas," he said.

Najib said he was also committed to working with Adenan and other state leaders in bringing about transformation for a better future for Sarawak.

Meanwhile, he said this year, 200 imams or Village Security and Development Committee chairmen in Sarawak would be selected to perform the Haj under the sponsorship of the 1MDB Foundation.

The Jihadi John apologists: Islamic campaigner who today defended ISIS executioner as a 'beautiful, kind young man' was filmed calling for jihad outside U.S Embassy

• Asim Qureshi helped name his friend Mohammed Emwazi as Jihadi John
• Mr Qureshi said that MI5 had harassed Emwazi and help radicalise him
• Campaigner was tearful as he described him as 'extremely kind and gentle'
• He added that 'the man I knew would never hurt a single person'
• 'When are we going to finally learn that when we treat people as if they're outsiders they will look for belonging elsewhere'
• Comments caused fury from people who believe MI5 were doing their job
• CAGE broadcast was on Sky News for 58 minutes without interruption and the BBC showed it for 52 minutes

By Martin Robinson for MailOnline

A video has surfaced of the Muslim activist who described ISIS executioner Jihaji John as 'a beautiful man' supporting Jihad at an anti-US rally in London.

Asim Qureshi, leader of campaign group CAGE, was filmed urging protesters to 'support the jihad of our brothers and sisters' in Iraq, Afghanistan, Palestine and Chechnya.

Earlier today Qureshi, who helped to name ISIS militant Jihadi John as west London student Mohammed Emwazi, caused outrage by saying the murderer was 'beautiful' adding that he 'wouldn't hurt a fly'.

Speaking while close to tears at a press conference this afternoon, he blamed MI5 for radicalising Emwazi, saying the security services harassed him and alienated him.

In the earlier footage, Qureshi can be seen speaking through a microphone at the the pan-Islamic Hizb ut-Tahrir movement rally.

He says: 'When we see the example of our brothers and sisters fighting in Chechnya, Iraq, Palestine, Kashmir, Afghanistan, then we know where the example lies.

'When we see Hezbollah defeating the armies of Israel, we know where the solution is and where the victory lies.

'We know that it is incumbent upon all of us, to support the Jihad of our brothers and sisters in these countries when they are facing the oppression of the West.

'Allahu Akhbar! Allahu Akhbar! (God is great, God is great!)'

Qureshi stands alone on a stage in the 54 second clip, shot at the height of the Iraq and Afghanistan wars in 2006.

London School of Economics graduate Qureshi worked for CAGE at the time of his passionate speech, then known as CAGE Prisoners.

The organisation claims to 'strive for a world free from oppression and injustice', 'working to empower communities impacted by the War on Terror.'

However, the video footage, posted on YouTube, now raises questions about Qureshi, who alongside former control order detainee Cerie Bullivant tried to pin the blame for Mohammed Emwazi's radicalisation on the British Government.



Earlier today Qureshi was branded an ISIS sympathiser as he appeared to launch a defence of Emwazi and his barbaric crimes.

He said: 'When are we going to finally learn that when we treat people as if they're outsiders, they are going to feel like outsiders and they will look for belonging elsewhere.'

Read more: http://www.dailymail.co.uk/news/article-2970521/Outrage-group-blames-MI5-radicalising-extremely-kind-Jihadi-John-fled-Syria-kill-people-ISIS.html

ISIS thugs take a hammer to civilisation: Priceless 3,000-year-old artworks smashed to pieces in minutes as militants destroy Mosul museum

• Extremists used power drills and sledgehammers to smash ancient items
• They wrecked a series of 3,000-year-old statues at museum in Mosul, Iraq
• One vandal says items being destroyed because they promoted idolatry
• Comes after thugs destroyed thousands of books at Mosul Public Library

By Julian Robinson for MailOnline

Islamic State thugs have destroyed a collection of priceless statues and sculptures in Iraq dating back thousands of years.

Extremists used sledgehammers and power drills to smash ancient artwork as they rampaged through a museum in the northern city of Mosul.

Video footage shows a group of bearded men in the Nineveh Museum using tools to wreck 3,000-year-old statues after pushing them over.

One of the items, depicting a winged-bull Assyrian protective deity, dates back to the 9th century B.C.

A man shown in the video said the items were being destroyed because they promoted idolatry.



'The Prophet ordered us to get rid of statues and relics, and his companions did the same when they conquered countries after him,' the unidentified man said.

The articles destroyed appeared to come from an antiquities museum in the northern city of Mosul, which was overrun by Islamic State last June, a former employee at the museum told Reuters.

The extremist group has destroyed a number of shrines - including Muslim holy sites - in a bid to eliminate what it views as heresy.

Militants are also believed to have sold ancient artwork on the black market in order to finance their bloody campaign across the region.

Read more: http://www.dailymail.co.uk/news/article-2970270/Islamic-State-fighters-destroy-antiquities-Iraq-video.html

Kes Aminulrasyid: Keluarga minta selesai luar mahkamah

Adik beradik Najib nafi spekulasi harta Tun Razak

'Mari berdoa agar Rosmah tidak boros'

Father missing since Jan 2013; family demands answer

Pro-Anwar rally to also seek Najib's resignation

Tortured. Electrocuted. Sold into slavery. Every day, hundreds of kidnapped women and girls in Iraq and Syria suffer violence and abuse at the hands of militants. Those lucky enough to escape or be released often have no home or family to return to.

UNHCR TRACKS

They are Yazidi women, persecuted for their faith. Women like Amusha, the mother of two daughters who were stolen from her arms, and Sabreen, whose four-year-old sister was forced to watch as she was electrocuted.

As conflict intensifies, humanitarian organisations struggle to meet the needs of survivors of violence and human rights abuses. Together with the Iraqi Government, UNHCR and its partners have been providing aid for months. But much more needs to be done.

On a recent visit to refugee settlements in Iraq, UNHCR Special Envoy Angelina Jolie met Amusha and others like her – all of them survivors of kidnapping and detention who managed to escape or get released.

“Nothing can prepare you for the horrific stories of these survivors of kidnap, abuse and exploitation and to see how they cannot all get the urgent help they need and deserve,” Jolie said. “The needs so dramatically outstrip the resources available in this vast crisis. Much more international assistance is needed.”

Meet three survivors of an unspeakably vicious war.

Naseema

Violent sobs wrack Naseema’s body as she recalls the day when insurgents came to kidnap her family. “My eldest daughter was screaming. She was shouting at them, ‘I will never go with you!’”

Like many Yazidi women, 45-year-old Naseema spent months in captivity. She now lives in an abandoned building near Dohuk, after finally being released, but the torment isn’t over. Her eldest daughter has since been sold to a man in Syria, she says, and her husband and nine-year-old are missing.

With just her two youngest sons left, the mother of seven prays for her family to be reunited. “Imagine taking one’s family before one’s eyes, how it would be,” she says. “It is like a bird that flies and disappears suddenly.”

Sabreen

Sabreen is still haunted by the memory of the day her father was taken away. “They took all the men to trucks,” she remembers. “We heard a lot of gunfire. The children came in crying and said all the men are dead.”

Although the 22-year-old is now safe in Dohuk, thoughts of what she and her family went through are never far away. “My mother and I cried very much,” she recalls. “We pleaded to them to take us together.”

At gunpoint, Sabreen, her four-year-old sister Dilvian and her mother were imprisoned in Mosul and then sold as slaves in Syria. There, Sabreen was tortured and electrocuted for one hour every day while her younger sister was forced to watch.

The pain of losing their father never subsides. “When I go to bed I can’t sleep,” says little Dilvian. “I am always thinking of my father. I miss him. I want to tell him he is always on my mind.”



Amusha

Amusha was among 196 Yazidis released in January 2015. Now she waits anxiously for news of her 35-year-old daughter, who is believed to be in Raqqa, Syria, where women are sometimes taken to be sold.

A widow for 34 years, Amusha has experienced loss before. But the absence of her beloved daughter is especially painful.

Rocking gently on the floor of her tent, she recalls the moment when fighters came to her village. “They brought buses and packed them with beautiful and young girls,” she says, her eyes swollen with tears. “They took my daughter and left 12 of us behind.”

At that, her face crumples. The memories are too painful to bear. “My daughter is like a shining star,” she sobs.

Naseema’s story was also published by The Huffington Post. Sabreen and Amusha’s stories were also published by The Guardian.

IS abducts 150 Christians, rapes and kills women, a "tragic situation" for vicar to Aleppo

A steady stream of horrific stories is coming out of jihadist-held areas. Terrorists hold hundreds of Christians, including seniors and children. For apostolic nuncio to Damascus, "Christians feel abandoned". There is "blood everywhere" and everyone is suffering. He believes that the war on terrorism is pointless but oil, "financial and military supplies" should be cut off.

Asianews.it

Damascus (AsiaNews) - Initial "reports mentioned 90 people abducted but for others the actual number is greater, perhaps 150. A church was destroyed, at least three Assyrian villages have been occupied and people have had to flee. We do not have accurate information, but the initial evidence points to a tragic situation," said Mgr Georges Abou Khazen, Latin apostolic vicar to Aleppo.

The prelate spoke to AsiaNews about Monday's attack by the Islamic State group against Assyrian villages like Tel Tamar, Tel Shamiran, Tel Hermuz, Goran Tel and Tel Khareta, in north-eastern Syria. Jihadists reportedly raped a woman and then murdered her, but the information could not be confirmed.

Whilst everyone is suffering, "Christians feel they have been abandoned," said Mgr Mario Zenari, apostolic nuncio to Damascus.

Bassam Ishak, president of the Syriac National Council, reports that latest figure for abducted Christians is at least 150, more than the early figure of 90. They were taken in Al-Hasakah Governorate, north-east of the country, where Assyrian Christian communities have lived for centuries.

Some reports indicate that Islamic State militants killed some hostages. "Jihadists have taken a lot of people, including women, the elderly and children," said a local source, who requested anonymity for security reasons. "They burnt their houses, and torched a church." And "At least six" people were killed. The terrorists "also raped a woman before killing her."

The Syriac Military Council, a Christian paramilitary organisation, said that the IS attack on Christian villages was an act of revenge following jihadist defeat in Kobane and other villages in the area, following the Peshmerga offensive and international coalition air strikes.

The apostolic nuncio in Damascus agrees. "They came down from the mountains around 3 am Monday morning, and attacked an area largely inhabited by Assyrian-Nestorian," he told AsiaNews.

This a "high risk area." Some "four or five months ago, I received a text message from the bishop of Hassakah, in which he warned that the danger of a jihadist invasion was high."

After they were pushed out of Kobane, "they shifted to these villages to seize more land," Mgr Zenari explained. Now Christians feel abandoned, he added. However, everyone has suffered. "I see blood everywhere, in the cities, in the neighbourhoods. The desert has changed colour. It is no longer golden yellow but blood red."

The prelate said he hopes that "sooner or later reason will prevail" and "the war will end. It must end" even though at present, "we are still in the middle of winter, not some Arab Spring."

Addressing directly the West and the international community, the apostolic vicar to Aleppo warned emphatically that "military action against the Islamic state is not the right way" to solve the crisis and restore peace and security to Syria and Iraq. "I never believed in war because it creates more hatred and division," he explained.

"The West claims that it is fighting these groups," the prelate said. "Yet, it helps them too. Who is buying their oil? Who is selling them weapons? Who is involved in trafficking of priceless archaeological artefacts?"

For Mgr Abou Khazen, there is a lot of "hypocrisy" in the fight against the terrorists. "This will not be solved with bombs; cutting financial and military supplies will. What we ask is for others to stop supporting these people, to stop selling them weapons. We have been saying this for some time but no one has been listening to us."

The attacked Assyrian community, he said, has lived "in the area for thousands of years with its own ancient traditions and rites. Defenceless, its members have been uprooted. Campaigns are undertaken to save animals threatened by extinction to allow them to live in their habitat. But what is being done for us," he laments.

Christians are gripped by a sense of fear, Mgr Georges noted. "Many want to run away and this is a very dangerous sign. Removing Christianity from these lands would be a tragedy for everyone. Maybe the aim is to create another Afghanistan, in the hands of new Taliban".

"This is our reading of the situation," the prelate said. "They want to empty the Middle East of its Christians and create many small confessional states."

"We Christians are the only ones spread across the territories of Syria and Iraq. We are the only ones who defend national unity and uphold the principle of pluralism . . . something that they increasingly want to destroy." (DS)

PMO must answer report on Razak’s inheritance, says veteran newsman

 

The Prime Minister's Office (PMO) must clarify its statement about the inheritance left by Malaysia's second prime minister Tun Abdul Razak Husein or risk being accused of tainting his legacy, veteran newsman Datuk A. Kadir Jasin said today.

The former group editor-in-chief of the New Straits Times (pic, right) was referring to the statement issued by four of Razak’s sons last night where they expressed concern over speculation about the "nature and extent" of the inheritance left behind by their father following a report by The New York Times.

"Unless the PMO makes an about-turn and denies ever making a statement to the NYT about Najib’s so-called inheritance, it stands accused of tainting the memory of that great man.

"The PMO propaganda machine can do whatever it likes even at the expense of ethics and morality to protect the PM and his wife.

"But for it to dishonour and disrespect the memory of Tun Abdul Razak is an unpardonable sin," Kadir wrote in his blog today.

In their statement last night, four of Razak's sons – Datuk Johari, Datuk Nizam, Datuk Nazim, and Datuk Seri Nazir – said their father was known for his frugality and integrity.

They said they took issue with recent news articles and postings that gave rise to speculation about the nature and extent of the inheritance left by their father.

Their statement follows an article in The New York Times on February 8 that highlighted the wealth of businessman Low Taek Jho and his role as a property investor, whose transactions involved various parties including Riza Aziz, Najib's stepson.

Low had bought a luxury apartment in Manhattan, and also a Beverly Hills mansion through shell companies, and later sold them to Riza, although this has been denied by Low.

The paper also reported that Najib had been hard hit by news of his wife Datin Seri Rosmah Mansor's spending on jewellery and designer handbags.

It said that Najib, “who earns an annual salary of about $100,000 (RM360,000) as prime minister, has been battered by news media reports of his wife’s lavish spending”.

It added that there were photos of Rosmah using at least nine different Birkin bags, which typically cost between US$9,000 and US$150,000 a piece.

The issue of Najib's family inheritance arose when the paper, furnishing invoices and other documents as proof of jewellery purchases for Rosmah, had asked the Prime Minister's Office for a response.

The paper quotes the prime minister’s office as saying: “Neither any money spent on travel, nor any jewellery purchases, nor the alleged contents of any safes are unusual for a person of the prime minister’s position, responsibilities and legacy family assets.”

Last night, Razak's family expressed unhappiness with those who had tainted their father's memory.

"We wish to put on record that Tun Abdul Razak was a highly principled man, well-known to all who knew him for his frugality and utmost integrity and any statement or inference to the contrary would be totally false and misleading to his memory and to his service and sacrifices for the nation.

"We take issue with anyone who taints his memory, whatever the motive.

"We would also like to add that our whole family is united on this issue," they added in the three-paragraph statement issued to The Malaysian Insider last night. – February 25, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/pmo-must-answer-report-on-razaks-inheritance-says-veteran-newsman#sthash.YgZVlqCK.dpuf

IGP unfazed by death threat

Inspector-general of police (IGP) Khalid Abu Bakar is not intimidated by the death threat against him made by a group known as 'Anak Malaysia Anti Demokrasi'.

He described their statement as irresponsible and criticised the group for not respecting parliamentary democracy in Malaysia.

"The threat made to assassinate me shows they do not know the real meaning of democracy, which has longed been practiced by the country.

"Such threats do not scare me as the IGP. Such threats are normal for policemen doing their job," he added in a statement.

It was reported earlier today that an anarchist group had threatened to assassinate the IGP by blowing up his car.

The threat was made via a YouTube video which was also uploaded on Facebook.

Khalid further said that he is concerned that the citizens did not want to use the proper channels available in a democracy to resolve their grievances. Instead they go against the law and their irresponsible actions had the potential to create chaos.

He further urged those who harbour such ill-intentions to immediately stop their actions which had serious security implications, and could affect the harmony of the various races in the country.

“Police are trying to identify the group with the assistance from the Malaysian Communications and Multimedia Commission.

“I will not hesitate to take stern action, based on the law on those wanting to upset the harmony of the country,” the IGP warned.

'Two years, and no info if dad's dead or alive'

A frustrated son has turned to Inspector-General of Police Khalid Abu Bakar for help after police failed to solve the mystery of his father, who has been missing for almost two years.

T Rajev lamented that the Kajang district police headquarters was not serious in finding his 46-year old father S Tharmalingam, as it has been passing the case around, among different investigating officers.

"My family and I have suffered as we do not know the fate of our father and the police are not serious in finding him," Rajev said after submitting a memorandum of appeal to the federal police headquarters at Bukit Aman this afternoon.

He was assisted by Suaram coordinator Tarmizi Anuwar, who said he hoped the memorandum would prompt the police to be more serious in this investigation.

Rajev (right) said his family could not contact his father since Jan 7, 2013, and he finally lodged a police report on April 1 that year, after returning from his studies in India.

He lodged the police report after they were forced to break into Tharmalingam’s house, where they discovered it to be in a mess, with bank documents relating to certain individuals left behind.

These information, Rajev said, was passed to the police but their investigation had been slow and constantly changed hands.

He claimed the investigating officers gave various excuses, including being on courses, or having other cases to handle.

"Don't give excuses, such as the investigation is being conducted in stages, as police have had almost two years to investigate.

"Give us the final word on whether our missing father is still alive or otherwise," he said.

IGP unfazed by death threat

Inspector-general of police (IGP) Khalid Abu Bakar is not intimidated by the death threat against him made by a group known as 'Anak Malaysia Anti Demokrasi'.

He described their statement as irresponsible and criticised the group for not respecting parliamentary democracy in Malaysia.

"The threat made to assassinate me shows they do not know the real meaning of democracy, which has longed been practiced by the country.

"Such threats do not scare me as the IGP. Such threats are normal for policemen doing their job," he added in a statement.

It was reported earlier today that an anarchist group had threatened to assassinate the IGP by blowing up his car.

The threat was made via a YouTube video which was also uploaded on Facebook.

Khalid further said that he is concerned that the citizens did not want to use the proper channels available in a democracy to resolve their grievances. Instead they go against the law and their irresponsible actions had the potential to create chaos.

He further urged those who harbour such ill-intentions to immediately stop their actions which had serious security implications, and could affect the harmony of the various races in the country.

“Police are trying to identify the group with the assistance from the Malaysian Communications and Multimedia Commission.

“I will not hesitate to take stern action, based on the law on those wanting to upset the harmony of the country,” the IGP warned.

So, let me get this right – it’s haircare over health care?

While the cost of healthcare and education will shoot up after GST, our deputy finance minister is scrambling to place a cap on house call charges for hairdos.

FMT

Tears of joy bathed my cheeks as I felt an immense weight lifted off my chest. Let’s all rise and say “Hallelujah” as the Lord has listened to our prayers.

Our admirable First Lady Rosmah Mansor has gotten a new sidekick who is none other than Ahmad Maslan, the Deputy Finance Minister as they have joined forces for the betterment of mankind (limited only to the lucky citizens of Malaysia).

A few days back, Rosmah lamented that she was being overcharged for her custom made dresses and bouffant hairdo (I’m secretly and inexplicably fascinated by it) and that those days of injustice are over with the implementation of the Goods and Services Tax (GST).

Ahmad Maslan, moved by her plight, has proposed that there should be a price guide for tailors, hairstylists, beauticians, plumbers, electricians and so on in order to curb overcharging in the post-GST period.

Obviously the predicament of our First Lady far outweighs that of the common folk. Nothing happened when the people said a loud and resounding “NO” to the implementation of GST or at least to start it off easy so that we wouldn’t crumble from its weight.

I suppose if it is important, you will find a way and if it’s not, you will find an excuse.

I mean why bother about the cost of health care that keeps snowballing. There has only been a 20-50% increase in the costs which is expected to increase even further this year. Thank goodness only 320 types of medications out of 4,200 are subjected to GST. Never mind the fact that, the same type of medicine produced by a different brand is considered different. Somewhere in the near future people will willingly crawl into their graves rather than hop onto a hospital stretcher. A quick death would seem more welcome than a crippling debt that you will spend all your life trying to pay off.

Why bother about the rising cost of education? It is after all the only means for middle and lower class people to break free from the shackles of poverty especially those without any special privileges that some politician decades ago decided was to be the birthright of a select few.

Nurul Izzah pounced on the news of price guides for house calls like a hungry tigress on a baby gazelle and shot out a statement saying that all it took for Putrajaya to sit up and take notice of our financial woes was Rosmah’s hair.

While I agree with her sentiments, I cannot help but ask myself why is everything politicised? All this has given the opposition fodder to vilify the government and feed us their own propaganda.

While we will no doubt be treated to an impressive verbal sparring in the coming days, nothing will be achieved at the end of the day.

Apparently all we can do for now is sit back and smirk while those with silver spoons stuck in their mouths tell us to tighten our belts.

Madrasah founder denies US documentary claim

The religious school does not teach the students to become terrorists, say co-founder.

FMT

ALOR SETAR: Co-founder of the Madrasah Nurul Hidayah in Kuala Ketil Mohd Zainon Ariffin has denied allegations that the school propagates militant ideologies among its students.

Mohd Zainon, 53, said the claim made in the video documentary on the school produced by The New York Times and several other media recently was untrue.

“My madrasah does not teach the students to become terrorists.

“Islam has never taught its followers to become violent or to be terrorists. In Islam, the term terrorist is not in its vocabulary. Islam bans violence,” he told Bernama when contacted by telephone here today.

The Madrasah Nurul Hidayah attracted foreign media attention because Mohd Zainon’s younger brother Mohd Lotfi Ariffin, 46, was killed while fighting in Syria. Mohd Lotfi played an important role in the formation of the madrasah.

Mohd Lotfi, former information chief of the Kedah PAS Ulama Council, was involved in the group known as Ajnad al Sham, which also fought against President Bashar al-Assad.

Mohd Zainon said his younger brother did not join the so-called IS militant group.

The founder of the madrasah said he felt cheated by journalists from the foreign media which produced the documentary and following the false report, he was facing various problems including being investigated by the police, besides the madrasah being monitored by the authorities.

A few days after the documentary was aired, Kedah police chief Zamri Yahya, in a media conference, had said that police would take action and monitor any madrasah in Kedah suspected of being involved in militant activities.

According to Mohd Zainon, the foreign journalists took two days to shoot the documentary at his madrasah and said that the air time was 48 minutes.

However, the final duration of the documentary aired was merely eight minutes, he said.

However, what was more regretful was that his speech which had called on the students of the madrasah to emulate the practices and religious studies of his late younger brother had been left out by the foreign media.

“As students who respected him (Lotfi), they must emulate his attitude and discipline. This was my speech which should have been in the video.

“The video also portrayed as though this place (Madrasah Nurul Hidayah) churned out terrorists. The madrasah does not teach anyone to be cruel and violent,” he said.

Mohd Zainon said to his knowledge, his late younger brother had never propagated militant ideologies or influenced his students to join the struggle in Syria, throughout his teaching days at the madrasah.

To date, none of the students from the madrasah had become militants and the school only offered religious studies for five years to about 180 students aged from 12 to 17 for a monthly fee of RM20, he said.

“Here, we don’t teach the students how to handle weapons,” he said.

If any outsider tried to influence students of the madrasah to join any militant movement, Zainon said he would explain to them to concentrate on their studies and to gain knowledge.

“It is better for them to be here to acquire knowledge,” he said.

However, he did not think that there were outsiders who tried to influence or recruit his students to join any militant movement.

Mohd Zainon said students of the madrasah came from all over the country, including Sabah and Sarawak, and they were from poor families.

– BERNAMA

Kula tells Umno to stay away from MIC

MIC will never regain respect among Indians with an Umno-appointed puppet President and constant interference.

FMT

KUALA LUMPUR: Ipoh Barat MP M. Kulasegaran, coming to the defence of MIC, reminded Deputy Prime Minister Muhyiddin Yassin in particular that since the party claims to represent the Indian community, it should be allowed to resolve its internal problems in any manner it sees fit. Otherwise, he warned, it would never have the respect of the Indians it’s trying to woo.

He was commenting on Muhyiddin’s unusually tough language when taking issue with the MIC referring its differences with the Registrar of Societies (RoS) to Court by way of a Judicial Review.

Muhyiddin, in a veiled threat, warned MIC that it has only itself to blame if it gets into deeper trouble. He did not elaborate.

“Since Muhyiddin has said that Barisan Nasional will only advice, there is no reason for him to be upset and angry if his or BN’s advice is not accepted. Otherwise, that is not advice anymore,” said Kula. “Muhyiddin has to realize and accept the fact that the MIC leaders and members have the right to resolve their own problems the way they see fit.”

Home Minister Ahmad Zahid Hamidi received bouquets and brickbats at the same time from Kula for casting doubts on the MIC’s ability to help the Indian community when “it’s unable to solve its own problems”.

“Zahid was right. He must also realize at the same time that MIC can’t champion the Indian community with Umno interfering in the internal affairs of the party and giving it so-called advice,” said Kula. “Umno must not be seen as trying to rescue MIC.”

Kula cited a recent example of Umno’s interference in MIC.

The Ipoh Barat MP, referring to a statement by MIC vice-president M. Saravanan, expressed shock that current MIC president G. Palanivel was in fact the choice of Prime Minister Najib Abdul Razak and not party members.

“So the truth is out. MIC has a puppet President who is the weakest among all its former Presidents,” said Kula.

“I also wish to remind MIC that decades of the BN government’s failed and unfair policies have resulted in the Indian community being marginalized.”

Local IS-styled group will pay for reckless actions

Bukit Aman says the group who uploaded a video threatening to kill the IGP will face the full brunt of the law when caught.

FMT

KUALA LUMPUR: Bukit Aman has slammed the actions of a local IS-styled group who uploaded a video on Tuesday threatening to kill the Inspector-General of Police by blowing up his car.

Bukit Aman’s Special Branch principal assistant director (counter-terrorism division) Ayob Khan Mydin Pitchay, told The Rakyat Post, “IS have threatened not only the national security, but also the regional and global security. To play around with their image simply to gain views or attention is inappropriate and insensitive.

“We, the authorities, take this matter seriously and those responsible for the release of the two videos will have serious actions taken against them.”

Besides the latest video, another was uploaded two weeks earlier threatening to blast firecrackers in front of the nation’s courts.

Ayob Khan also said the group was treading on dangerous ground by joking around with the concept of IS, an international network of terrorists, whose influence Bukit Aman was working tirelessly to curb.

“Any authority in the world and anyone who can think properly would know that the actions of this group of children do not reflect the country’s stand on IS,” he said, adding that the police had already made numerous arrests as well as issued stern warnings against any locals joining the militants in Syria.

“Anyone who plans to joke around with it should know better,” he said.

In the video, three men are seen clad in black and wearing full face masks while their spokesman, with the logo of their group AMAD obliterating his face, speaks of killing the IGP by blowing up the car.

Identifying themselves as Anti-Democracy Sons of Malaysia, the three end the video by flashing their middle fingers and saying, “f@#$ democracy”, while one individual illustrates the group’s intentions by dragging two toy cars across the table while the spokesman lights the cars aflame to the sounds of a massive explosion.

Irate Najib Brothers Dispute Family Wealth

By Asia Sentinel

The rift between Prime Minister Najib Tun Razak and his families appears to be growing, with the publication of a formal statement in Malaysia’s New Straits Times daily newspaper by Najib’s four brothers.

The statement appears to have been triggered by questions over the prime minister’s financial affairs in the wake of a Feb. 9 New York Times article that reported the family has vast wealth, much of it overseas. In that article, the prime minister’s office defended Najib’s wealth by claiming that “neither any money spent on travel, nor any jewelry purchases, nor the alleged contents of any safes are unusual for a person of the prime minister’s position, responsibilities and legacy family assets.” The prime minister has made subsequent statements saying his wealth derives from inheritance.

That has raised the ire of Najib’s brothers, who say there were no “legacy family assets” and that any claim to the contrary is an insult at their father, Tun Abdul Razak, the country’s second prime minister and a man known for his parsimony with government funds.

Without naming any names, the brothers’ statement said that “We wish to put on record that Tun Abdul Razak was a highly principled man, well-known to all who knew him for his frugality and utmost integrity and any statement or inference to the contrary would be totally false and misleading to his memory and to his service and sacrifices for the nation. We take issue with anyone who taints his memory, whatever the motive. We would also like to add that our whole family is united on this issue.”

The statement was signed by Nazir Razak, the chairman of CIMB group, as well as his brothers Johari, Nizam and Nazim. It apparently was not signed by Najib.

As Asia Sentinel reported on Feb. 11, the rift in the family has been growing for months over a variety of issues, many of them related to Najib’s wife Rosmah Mansor, including the fact that she makes an ostentatious display of her wealth, in jewelry and expensive handbags.

One source with close connections to the family said Rosmah will not allow Najib to meet with his brothers unless she is present, and that they are not allowed to talk with the prime minister outside of her earshot.

In addition, the bad blood is said to stem from the brothers’ problems with Rosmah over their indignation at the treatment meted out to Najib’s first wife, Tengku Puteri, whom he divorced to marry Rosmah and to the children from the first marriage. When Tengku Puteri’s eldest daughter became a lawyer and was called to the Malaysian bar, Najib’s brother called him and asked him to attend. Family sources said Najib declined, possibly because of Rosmah’s objections. Najib’s mother, Rahah, instead brought her granddaughter to Najib’s office together with a photographer so that the newly minted lawyer could have her photo taken with her father in her court robes.

Other irritations have arisen over the deeply indebted government-backed investment fund 1Malaysia Development Bhd, which Rosmah is believed to have convinced her husband to initiate. The fund is in deep trouble and only stayed afloat this month with an emergency loan from billionaire T. Ananda Krishnan, a close UMNO crony, who put up RM2 billion to meet debt service. Sources told local media in Malaysia that 1MDB may need another MR3 billion from its owner, the Ministry‎ of Finance.

Hints of the rift began a year ago, when Nazir wrote a long article in Kinibiz, the business edition of the widely read independent online publication Malaysiakini, itself a red flag to the United Malays National Organization leadership because of its continuing criticism of the government and refusal to toe the line of the conventional media, all of which are owned by major political parties.

In the article, Nazir wrote a remembrance of his father, Tun Abdul Razak, Malaysia’s second prime minister, titled “Remembering My Father, Tun Razak.” Among other things the father was said in the article to have refused to use public funds to build a swimming pool for the children at the government-owned prime minister’s residence. He personally paid his family’s expenses on government trips, Nazir said, and was personally committed to national unity between the three major ethnic groups, the Malays, Chinese and Indians.

The article stood as an obvious public rebuke to the prime minister, who at his wife’s insistence remodelled the prime minister’s residence at vast public expense, who has been accused of using the government’s public jet for private junkets, and who has refused to rein in Malay superiority NGOs such as Perkasa and ISMA, whose strident rhetoric has led to a poisonous racial situation.

“Nazir has long worried about the negative influence of Rosmah, in particular, on Najib and has complained to friends and associates about it,” said a longtime western political analyst in Kuala Lumpur. “Of course, Rosmah knows this and despises Nazir in return and badmouths him to Najib. So it goes.”

Nazir has threatened suit against Taek Jho Low, the youthful wunderkind behind the creation of 1MDB, whom Nazir has accused of being behind an anonymous blogger who has attacked Nazir’s family. In a personal statement last week on Kinibiz, the business edition of the independent website Malaysiakini, Nazir said the attacks began soon after he wrote the article about his father and after he expressed public reservations about 1MDB. The attacks, constituting “lies and slander,” cross the line, Nazir said. His statement follows a series of statements by businessman Tong Kooi Ong, who had also been subjected to anonymous blog attacks which Tong claimed were due to The Edge Malaysia’s extensive and biting coverage of 1MDB. On Feb. 6, Tong said he had ascertained the identity of the blogger going by the name ‘ahrily90’ and had served a legal letter to Jho Low, who has previously denied any links to the attacks.

Tun Arifin Zakaria is duty-bound as Chairman of JAC to satisfactory account for the by-passing of promotion to Federal Court of the country’s most respected serving judge, Justice Hishammdin

By Lim Kit Siang Blog

The Chief Justice, Tun Arifin Zakaria is duty bound as Chairman of the Judicial Appointments Commission (JAC) to satisfactorily account for the by-passing of promotion to the Federal Court of the country’s most respected serving judge, Justice Mohd Hishamudin Mohd Yunus.

Arifin had previously tried to shirk from his duty of national accountability when he was asked in September 2013 why Justice Hishammuddin was by-passed from promotion to the Federal Court in the batch of judicial elevations at the time, claiming that the elevation of judges was made without the influence of anyone and that it was at the prerogative of the Yang di Pertuan Agong on the advice of the Prime Minister, Datuk Seri Najib Razak.

Arifin is right that the elevation of judges is not 100 per cent the prerogative of the JAC, but it is beneath the dignity of the Chief Justice to hum and haw claiming that it is unfair for the media or anyone to question the fate of any particular judge.

It has been reported that Justice Hishammuddin’s name was omitted from the promotion list in 2013 as a result of a directive from the Prime Minister’s Office, after the recommendation of his elevation to the Federal Court had passed through the JAC.
Justice Hishamudin’s name was missing again on the promotions list released on Feb. 16 this year, this time by-passed in favour of Justice Zaharah Ibrahim.

This is the era of accountability, transparency, open government with the Prime Minister’s much-flaunted National Transformation Programme.

The black-listing and by-passing of Justice Hishamuddin from elevation to the Federal Court is the best proof that the JAC had acted arbitrarily to sideline independent judges of unquestioned integrity who are fully committed to uphold the law and the Constitution instead acceding to pressures from various quarters.

Malaysians still remember the horrors in the appointment of judges revealed by the Royal Commission of Inquiry into the Lingam Video Tape Scandal, and the still unresolved issues from the RCI Report.

Arifin should not be satisfied with low fruits and standards saying that there is now more transparency in judicial appointments since the formation of the JAC compared with appointments done before 2009.

Malaysians do not just want a system better than the horror-days of the Lingam Videotape Scandal, but a judicial appointment system comparable to the best in the world which can bear public scrutiny and criticism, like the present case for the by-passing of Justice Hishammuddin not only twice from elevation to the Federal Court, but also for the earlier injustices suffered by him when he was overlooked for promotion to the Court of Appeal and was stuck as a High Court judge for 14 years.

Was Justice Hishammuddin being punished for life in the judicial service as being too independent-minded and for his series of landmark judgements, which shows his respect for the law and constitution?

It would be difficult to find another judge who could command as much respect from the Bar for his integrity, independence and respect for the law and Constitution.

If the lawyers have a say, Justice Hishammuddin would have been the favourite choice to be the Chief Justice of the land leading Malaysia to a golden age of new international respect and acclaim for a truly independent judiciary and a just rule of law instead of languishing for 14 years as a High Court and compulsorily retiring in September this year from the Court of Appeal.

If the Chief Justice is unable to give any or satisfactory explanation on behalf of the JAC for the by-passing of promotion of Justice Hishammuddin to the Federal Court, the Bar and lawyer should demand their voices should be heard loud and clear.

Surely Malaysia doe not need another Royal Commission of Inquiry into another judicial scandal before standards of judicial ethics and appointments are raised?

BN Will Skip Chempaka By-Election - Najib

KUALA LUMPUR, Feb 25 (Bernama) -- The Barisan Nasional (BN) will not be contesting the Chempaka by-election in Kelantan but instead will focus on post-flood relief work in the state, said Prime Minister Datuk Seri Najib Tun Razak.

He said this was because post-flood relief work was in the process of being implemented to help the flood-victims.

"There are still many more floods victims deserving help and have not received assistance. We are making this our highest priority," he said after chairing an UMNO Supreme Council meeting here tonight.

Najib, who is also BN chairman and UMNO president, said apart from this, it (skipping the by-election) was also to ensure the people's solidarity was strengthened.

Although the people in Kelantan were divided by differing political ideologies, the solidarity of the "ummah" (people) was seen as an important agenda,' he said.

The Prime Minister said a similar decision was taken by the BN for the Bukit Gelugor parliamentary by-election in May 2014.

"So, we not necessarily have to put up a candidate (for by-elections)... it depends on the circumstances," he said.

Najib said a thorough discussion had been made with the Kelantan UMNO state Liaison Committee and the Pengkalan Chepa UMNO division before taking the decision.

The Chempaka state seat fell vacant following the death of the incumbent assemblyman Datuk Nik Abdul Aziz Nik Mat due to prostate cancer on February 12.

In the 13th general election, Nik Aziz, who was PAS's spiritual leader, won the seat with a majority of 6,500 votes.

The former Kelantan menteri besar obtained 12,310 votes while BN candidate Wan Razman Wan Abd Razak garnered 5,810 votes.

The Election Commission has set March 10 for nomination and March 22 for polling.

On the Permatang Pauh parliamentary seat, Najib said UMNO would wait for the Election Commission's (EC) decision following the decision by the family of the incumbent Datuk Seri Anwar Ibrahim to petition for a Royal pardon over his sodomy conviction.

"So let us wait ... follow the interpretation of the Constitution and the EC will follow the advice based on this interpretation," he said.

Anwar's wife Datin Seri Dr Wan Azizah Wan Ismail and two of their children, Nurul Izzah and Nurul Nuha, had filed an application seeking for a Royal pardon from the Yang di-Pertuan Agong on behalf of Anwar to the Istana Negara yesterday.

The petition for pardon is related to the conviction and five-year imprisonment of Anwar for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.

Anwar is currently held at the Sungai Buloh Prison after the Federal Court on Feb 10 dismissed his final appeal against the conviction and five-year jail sentence by the Court of Appeal.

On UMNO, Najib said the party's membership now stood at 3.47 million members, with 1,126 applications for membership received via online since the service was launched on January 27 till Feb 17.

Of these, 774 completed applications were processed and sent to the branches according to the applicants' addresses, he said.

"We hope more people will use this online service to apply for UMNO membership," he added.

Najib also said 21,245 UMNO branches nationwide were qualified to hold their annual branch meetings, which will start by March 13 and end on May 2.

Meanwhile, 19,871 Wanita UMNO, 15,111 UMNO Youth and 10,048 Puteri UMNO branches also qualified to hold their annual meetings, he added.

-- BERNAMA

March 7 demo will also demand for PM's ouster

The planned protest against Anwar Ibrahim's incarceration on March 7 will also demand for Prime Minister Najib Abdul Razak's resignation, said organisers.

The organisers have stated 12 reasons for this, including the Altantuya Shaariibuu murder case with regard to former police commando Sirul Azhar Umar's latest revelations.

Calling themselves #KitaLawan, the group also wants opposition leader Anwar Ibrahim to be freed.

In statement, the #KitaLawan secretariat said last Saturday’s arrest during a protest at the same venue has not deterred them.

As planned earlier, the organiser added, similar protests will be held outside the shopping mall every Saturday until the demands are met.

Among others, #KitaLawan's 12 reasons for Najib to step down includes the 1MDB scandal, reneging promises to abolish sedition laws, GST implementation, weak handling of the economy, failing to stem corruption, failing to ensure free elections and abusing public institutions.

"If these issues are not resolved, the people of Malaysia will face more burdens.

"In view of this, we urge all Malaysians to take the first step towards rectifying the nation's problems by joining our rally on March 7 to demand that Najib step down," said the group.

The rally by #KitaLawan, a coalition of NGOs in cooperation with the youth wings of Pakatan Rakyat component parties, coincides with the March 2 Freedom rally organised by Anwar's family members.

March 2 Freedom slated for March 7 and 8 in Kuala Lumpur. Details of the rally have yet to be released.

Asked if a police permit was needed for the rally, #KitaLawan spokesperson Nik Nazmi Nik Ahmad promised that the rally organisers will cooperate with the police.

"We would carry on with the rally no matter what and we will give full cooperation to the police," said Nik Nazmi, who is also PKR Youth chief and Selangor exco member.

'The only time someone won against a sitting PM'

 

Former Kota Alam Shah assemblyperson and lawyer M Manoharan remembers well a decision made two years ago by a three-member bench of the Court of Appeal.

This was the bench, headed by Justice Mohd Hishamudin Mohd Yunus, that ruled he and Hindraf leader P Uthayakumar had legal standing to file a suit against the present prime minister and his deputy.

This decision by the appellate court, delivered in January 2013, is said to have halted Justice Hishamudin’s elevation as a Federal Court judge by the Prime Minister’s Office in September that same year.

This followed widespread talk that Prime Minister Najib Abdul Razak wanted another person elevated, not Justice Hishamudin, despite the Judicial Appointments Commission's (JAC) recommendation that Justice Hishamudin be elevated to the Federal Court.

JAC is the body formed under the law in 2009 to oversee the appointment of judges of the High Court, Court of Appeal and the Federal Court.

Manoharan, who contacted Malaysiakini following the publication of yesterday’s article on Justice Hishamudin (right) being overlooked again for elevation, said the Court of Appeal decision in his case was a landmark of sorts as this was a first small victory against a sitting PM and sitting deputy prime minister.

“If I remember correctly, no suit or legal action filed against a sitting PM or DPM in Malaysia has ever been successful. The decision by the Court of Appeal led by Justice Hishamudin was one rare occasion,” Manoharan said.

“In deciding that we have legal standing to file the suit, the Court of Appeal ordered the case to be referred to the High Court and to be heard on its merits,” the lawyer added.

Besides this, Manoharan said, the Court of Appeal also awarded RM2,000 as costs.

Najib and Muhyiddin Yassin were named in the suit in their personal capacities as PM and DPM. Muhyiddin is also the education minister.

The suit was filed by Manoharan and Uthayakumar against the PM and DPM over the government’s alleged neglect of 523 Tamil primary schools nationwide, where they wanted the Tamil schools to be fully aided, as provided for under the Federal Constitution.

Justice Hishamudin sat with recently retired judge Justice Mohamad Ariff Md Yusof and Justice Abdul Aziz Abdul Rahim in the unanimous decision.

Initially senior federal counsel Effandi Nazila Abdullah had managed to have the suit struck out, based on the issue of locus standi

A Chief Judge Malaysia never had

Manoharan agreed that Justice Hishamudin is truly Chief Justice material or at the very least, the Chief Judge of the Court of Appeal.

It is unfortunate, he said, that the government does not recognise or had halted the promotion of judges who only upheld the law and the constitution.

“Justice Hishamudin is well-versed in all matters. He is an all-rounder be it in criminal, habeas corpus, civil, trade and even land laws. I had the pleasure of appearing before him two weeks ago, in a land matter, and he is very well-versed in it.

“In that case against Najib and Muhyiddin, he gave a full day hearing in allowing parties to submit. After making a decision, he wrote a full judgment on it.

“Initially, the government (PM and DPM) wanted to appeal the decision at the Federal Court but due to the strength of Justice Hishamudin’s judgment they withdrew the appeal,” he said.

Unfortunately, Manoharan said the suit did not go on as planned as Uthayakumar (left), who was the second plaintiff, faced a prison sentence as a result of a sedition charge.

The lawyer noted that most of Justice Hishamudin’s judgments had been upheld by the superior courts.

Manoharan said he acted in the case of another Internal Security Act detainee, Badrul Zaman PS Mohamad, before Justice Hishamudin in the High Court, where the court awarded RM3.3 million for unlawful detention.

“Although the government was partly successful in its appeal to reduce the quantum of damages in that case to RM300,000, Justice Hishamudin’s judgment remains intact,” he said.

“I believe a lot of other decisions that Justice Hishamudin made have been upheld by the superior courts, for he gave sound judgments and reasoning.”

Muhyiddin disinterested in Najib-Anwar DPM deal claims

Revealed - hundreds of desperate British women have proposed marriage to Isis extremists online after EIGHT schoolgirls followed 'jihadi bride trail'

• At least eight schoolgirls have left the UK to join ISIS since last summer
• Three school friends from Bethnal Green Academy left for Syria last week
• Another young girl from the same school travelled to join ISIS in December
• Manchester terror twins Salma and Zahra Halane, 16, were the first British schoolgirls to join the Islamic State
• Later Yusra Hussien, 15, and Samya Dirie, 17, travelled ISIS-held Raqqa
• An Edinburgh-born jihadi bride is thoughy to help recruit young schoolgirls
• Aqsa Mahmoud joined the terror group last year and has been in contact with several young British school girls since her arrival

By Robert Verkaik for MailOnline

Eight British schoolgirls have travelled to Syria in the last seven months using a route which has become known as the 'jihadi bride trail' - and hundreds more besotted British women have proposed marriage to extremists online.

The true figure is likely to be even higher as the police and families have imposed news blackouts in some cases, prompting fears that Britain's anti-terrorism agencies are losing the battle against the radicalisation of young Muslims on the internet.

School friends Shamima Begum, 15, and Kadiza Sultana, 16, and Amira Abase 15, from Bethnal Green Academy are reported to be in Syria after flying out of Gatwick for Turkey earlier this month. A fourth unnamed girl from the same school went out in December.

Radical websites like Jihad Matchmaker, which offers to arrange marriages between Muslim women and Jihadists, have been blamed for encouraging young, impressionable girls to travel to Syria.

Hundreds of besotted British women have put marriage proposals to jihadists fighting on the front line with Islamic State, according to security sources.

One European fighter in Syria who has become a pin-up jihadi fighter has been bombarded with proposals from women all over the world, desperate to be associated with a 'holy warrior'.

Read more: http://www.dailymail.co.uk/news/article-2965495/Revealed-EIGHT-British-schoolgirls-left-follow-jihadi-bride-trail-hundreds-desperate-women-proposed-marriage-Isis-extremists-online-thanks-jihadmatchmaker.html

Advocate for Christians (and Others) Persecuted By the Islamic State

By Marv Knox

Christians and other religious minorities in northern Iraq face extermination if people of faith in America and elsewhere in the West fail to speak up on their behalf.

A new religious liberty group, the 21st Century Wilberforce Initiative, conducted a fact-finding trip to the region early this year and then released a sobering report. "Edge of Extinction" documents the attempted genocide of Christians, Yezidis, Shabaks and other religious minorities by the Islamic State.

The toll of hostility toward Christians in the region already has been devastating, noted Wilberforce President Randel Everett, former executive director of the Baptist General Convention of Texas Executive Board.

"A decade ago, Iraq's Christian population numbered 1.5 million," Everett said. "Today, roughly 300,000 remain, and most have no jobs, no schools and no places of worship."

The violence against Christians and other ethno-religious groups, such as the Yezidis and Shabak, escalated with the rise of the Islamic State early last summer. The city of Mosul, just across a river from the biblical city of Nineveh in northern Iraq, fell to the Islamic State.

"Christians were ordered to leave lands that had been their home for thousands of years," the Wilberforce group reported. "Those remaining were issued a stark choice--convert to Islam, pay the (Muslim) Jizya tax or die."

Christians, others in grave peril

By late summer, the Islamic State extended its control across the greater Nineveh Plain. Tens of thousands of Christians and other minorities fled as the Peshmerga, the Kurdistan Regional Government's military force, abandoned them.

Wilberforce investigators found no evidence Christians in the region ever committed acts of terror. They are not led by warlords; they don't operate militias. Still, they suffer grievously.

The Islamic State forces murdered men, raped women and girls, and kidnapped children. The death and refugee tolls escalated.

To illustrate the persecution, "Edge of Extinction" tells the story of a Christian couple in northern Iraq:

"After IS (Islamic State) seized Mosul, one Christian husband attempted to take his wife of 28 years to Mosul so that she could continue to receive treatment for breast cancer. When they arrived at the hospital, they were met by an IS guard who refused to allow them entrance because they were Christian. They were told the price for entrance and medical treatment was conversion to Islam.

"The wife responded: 'I am not going to leave the cross of Christ. I will not abandon it. For me, a love of life is not as important as the faith. The desire to go on living is not as important as my faith.'

"The couple ... returned to their small village about 16 miles away. Ten days later, she passed away with her husband and 19-year-old and 8-year-old sons at her bedside."

These were her final words: "I am going to hold onto the cross of Christ. I refuse to convert. I prefer death. I prefer death to abandoning my religion and my faith."

Church turned into torture chamber

The Wilberforce group learned the Islamic State converted an 800-year-old church into a torture chamber. A 150-year-old church was turned into a prison. And another now warehouses weapons.

The United Nations' high commissioner for human rights also has documented "widespread ethnic and religious cleansing" in the region.

"The violations include targeted killings, forced conversions, abductions, trafficking, slavery, sexual abuse, destruction of places of religious and cultural significance, and the besieging of entire communities because of ethnic, religious or sectarian affiliation," Commissioner Navi Pillay said. "Among those directly targeted have been Christians, Yezidi, Shabaks, Turkomen, Kaka'e and Sabaens."

But for the most part, Christians in the West have turned a blind eye, the Wilberforce Initiative's team noted.

"After a flurry of initial news coverage in August, the story of the men, women and children--whose lives were upended, homes confiscated and dignity assaulted--virtually disappeared from the public eye," the Wilberforce report said.

The West has done little

"With some notable exceptions, those living in the West have said or done little in the face of the crisis facing the minority communities in Iraq. There is a pervasive feeling of abandonment among these beleaguered men and women of faith who cannot comprehend why burning churches, forced conversions and the emergence of a caliphate in the cradle of Christendom is not being met with urgency and action by people of similar faiths in the West."

The Wilberforce Initiative has proposed six recommendations to counteract "the destruction of ancient faith communities" in northern Iraq:

• Establish a Nineveh Plains Province "uniquely designed for Christians, Yezidis and other besieged minorities." This would enable them to live peacefully in the land their ancestors have occupied for hundreds of years.
• Provide support for the new Nineveh Protection Unit, a national guard that can defend the province. This is necessary, since neither the Iraqi army nor the Peshmerga militia has stood with the people.
• Return property confiscated by the Islamic State--such as homes and churches--to its rightful owners.
• Encourage and strengthen the Kurdistan Regional Government's "efforts to build a context of civil discourse, freedom of religion, human rights protections and the inclusion of all minorities."
• Provide and support "ongoing and immediate humanitarian aid" from the United Nations but also from nongovernmental organizations, such as Samaritan's Purse. The needs include both education and health care.
• Prosecute the Islamic State and its leaders for war crimes and genocide. The relevant authorities for such action include the United Nations, the International Criminal Court and the U.S. State Department.

American Christians must do more than read about the plight of persecuted Christians and other minority groups and say, "How awful!"

Speaker says Anwar to remain MP pending royal pardon petition

Datuk Seri Anwar Ibrahim is still a Member of Parliament pending a decision on his petition to the King for a royal pardon, parliament Tan Sri Pandikar Amin Mulia said today.

In a statement today, Pandikar Amin said he had received a copy of the petition filed by Anwar’s wife Datuk Seri Dr Wan Azizah Wan Ismail and daughter Nurul Izzah Anwar this afternoon at the Istana Negara.

Pandikar Amin said Article 48 (4) (C) in the Federal Constitution allowed a lawmaker who filed for a royal pardon to keep his post, until the appeal had been dealt with.

The speaker said this being the case, he will not declare the Permatang Pauh parliamentary seat vacant.

Anwar's 14-day deadline to file the pardon application would have expired today and he would have automatically been disqualified as Permatang Pauh MP.

His daughter Nurul Izzah Anwar, who is PKR vice-president, said the petition for pardon was made on the basis that the conviction failed to adhere to the principles of justice.

"The petition for a royal pardon has been sent to the Palace," she added.

Anwar's lawyer, N. Surendran, earlier said that the opposition leader had decided not to seek a royal pardon.

"We met Anwar in prison last week and he did not give any instruction to file such an application. His lawyers, too, will not file anything to that effect," he told The Malaysian Insider.

On February 10, a five-man bench led by Chief Justice Tun Arifin Zakaria found Anwar guilty of having carnal intercourse with his former aide Mohd Saiful Bukhari Azlan.

He committed the offence at a unit of the Desa Damansara condominium in Bukit Damansara, between 3.10pm and 4.30pm on June 26, 2008.

The Federal Constitution states that the seat will not be declared vacant until the Pardons Board has deliberated and made a decision.

Surendran also said that Anwar's legal team would continue studying the 116-page judgment before deciding to file a review application of the ruling.

"There is no time schedule to file the review but it must be done expeditiously," he said.

Former attorney-general (A-G) Tan Sri Abu Talib Othman said nothing stopped family members of an accused person from filing a petition to the Pardons Board.

"Usually, the accused who has exhausted his legal avenue will through his counsel file the petition," he told The Malaysian Insider.

Talib said the application for pardon would be chaired by the King and the members of the board would consist of the prime minister, the attorney-general and two others.

Talib, who served as A-G between 1980 and 1993, said the board was not bound by the opinion of the present A-G although it must consider his advice.– February 24, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/speaker-says-anwar-to-remain-mp-pending-royal-pardon-petition#sthash.NPRhBr6b.dpuf

Wealth talk taints dad's name, say Najib's brothers

 

The four brothers of Prime Minister Najib Abdul Razak today expressed concern over news reports regarding inheritance said to be from their father, Malaysia’s second prime minister Abdul Razak Hussein.

Speculation arose after the Prime Minister’s Office told the New York Times that Najib's lifestyle is not unusual "for a person of the prime minister’s position, responsibilities and legacy (of) family assets".

In an unusual move, four of Najib's younger brothers issued a rare "private" statement late this evening expressing worry that the name of their father, who was known for his "frugality", could be tarnished by such talks of family assets.

"We are extremely concerned that some recent news ​articles and postings​ have given rise to speculation as to the nature and extent of the inheritance that our​ late​ father, Abdul ​R​azak​, ​had ​left​ behind.

"We wish to put on record that Abdul Razak (right) was a ​highly-principled man, well known to all ​who knew him ​for his frugality and utmost integrity​ and any statement or inference to the contrary would be totally false and misleading to his memory and to his service and sacrifices for the nation.​

"We take issue with anyone who taints his memory, whatever the motive. We would also like to add that our whole family is united on this issue," they said.

The short statement was sent by Najib’s youngest brother Nazir and signed by him, Johari, Nizam and Nazim. It is not clear who they were directed at when referring to those who taint their father's memory.

Nazir, who is CIMB chairperson in a commentary last year recalled how Abdul Razak lambasted his boys for asking him to build a swimming pool at the official residence.

Stressing Abdul Razak's care with the public purse, he wrote that their father was angry they expected him to use public funds for their pleasure.

Piles and piles of cash

The New York Times had contacted PMO on its report on fund manager Jho Low, and his links to the PM's family through Najib's stepson Riza Aziz.

The report also noted Najib and his family's allegedly lavish lifestyle, pointing to a series of photos of Najib's wife Rosmah Mansor with expensive handbags.

The NYT also claimed that it had obtained invoices and other documents amounting to "millions of dollars" in jewellery ordered for Rosmah in Hong Kong in 2008 and 2009.

It also quoted Najib's former aide Ariff Sabri saying that Najib had kept “piles and piles” of cash stacked in his safe.

However, the PMO reportedly responded saying, "Neither any money spent on travel, jewellery purchases nor the alleged contents of any safes are unusual for a person of the prime minister's position, responsibilities, and legacy (of) family assets."

NGOs seek to meet Zahid in bid to oust IGP

With abuse of power and continued repression of freedom of speech seemingly on the rise, a group of NGOs want to meet with Home Minister Ahmad Zahid Hamidi to demand the resignation of Inspector-General of Police (IGP) Khalid Abu Bakar.

This group of civil societies - among them the Coalition for Clean and Fair Elections (Bersih 2.0), Suara Rakyat Malaysia (Suaram), Amnesty International, Lawyers for Liberty (LFL), student organisations and Parti Sosialis Malaysia (PSM) - collectively agreed that Khalid's actions have tarnished the image of the police force.

As part of the strategy to oust Khalid as IGP, Bersih 2.0 chairperson Maria Chin Abdullah (left) said that they will "try and meet" with Zahid to discuss the issue.

"We will actually have to strategise whether it (Khalid's resignation) is going to be demanded through a petition or even ask the home affairs minister for a meeting to present our case as to why we need somebody like this IGP to resign," Maria noted during a joint press conference today.

However, she told Malaysiakini that this attempt to meet with Zahid was still under discussion among the group members.

After Anwar Ibrahim was sentenced to five years’ jail for sodomy on Feb 10, activists and opposition members have been hauled up by the police in a sedition dragnet for their respective comments on the PKR supremo’s trial.

Commenting on the arrests, Suaram coordinator Syukri Razab emphasised that they “completely object to the actions of the police” who are abusing their power in the guise of the law.

“It is astonishing that the IGP is so actively monitoring the social (media) pages of opposition leaders and social activists that they are arrested for making criticisms on Twitter and Facebook.

“Is this the standard duty of a police chief?” Syukri asked during the joint press conference today.

In addition, Michelle Yesudas pointed out - on behalf of LFL - that the United States does not use the social media to intimidate its younger generations.

"Twitter is supposed to be a part of a democratic process. Take a look at (US President Barack) Obama for example, who uses Twitter as a tool to reach out to the younger generation, not to silence them."

Meanwhile, PSM secretary-general S Arutchelvan - who was among those arrested - told Malaysiakini that he had been treated very well by the officers at the police station.

According to him, the police had quipped that they were tired of arresting the same people over and over again, and that they wondered when an Umno member would be next.