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Tuesday, 4 November 2008

Family ties take root in Malaysian politics

Najib set to be PM like his late father. — Picture by Choo Choy May

KUALA LUMPUR, Nov 4 — Politics often appears to be a family affair in Asia with Pakistan's Bhuttos, India's Gandhis and the Lees in Singapore; now Malaysia looks set to join the party with Datuk Seri Najib Razak now set to be Prime Minister next year.

Najib, the 55-year-old son of Malaysia's second premier and the nephew of the third, will take the helm in March at a time when this Asian nation of 27 million people grapples with economic problems and rising political and ethnic tensions.

News agency Reuters released a feature today, noting that another rising star of the party that has ruled Malaysia for all 51 years of its existence as a country is Datuk Mukhriz Mahathir, the son of its longest-serving prime minister, Tun Dr Mahathir Mohamad.

On the opposition benches in Parliament sits Nurul Izzah Anwar and her father, veteran politician Datuk Seri Anwar Ibrahim. Anwar is a former deputy premier who once looked set for the top job until he was kicked out of the ruling party and jailed on what he says were false charges.

"There is an Asian belief that political power can be passed on to the next generation through bloodline," said James Chin, political science professor at Monash University in Malaysia.

Critics say the sense that blood entitles a person to exercise power has generated corruption, stymied development and hampered good government.

More often than not, the progeny of political leaders fail to live up to the family name.

"If Malaysians or foreigners expect Najib to be like his father as PM, they will be greatly disappointed," said Abdullah Ahmad, a political author and a former aide to Najib's father.

Najib, who has a bachelor's degree in economics, will take over at a time when a re-energised opposition led by Anwar is seeking to gain power and when economic growth is skidding due to global financial turmoil.

Adding to his troubles, Najib will need to address Malaysia's failure to keep up with more nimble neighbours in the competitiveness and investment stakes.

Growth in Malaysia's export-oriented economy looks set to fall to 3.4 per cent next year, the lowest since 2001. The budget deficit has soared due to spending on fuel subsidies and national infrastructure projects, according to the Malaysian Institute for Economic Research, a leading think-tank.

"I pity Najib. He's taking over from the worst of times and from a man who messed things up," said Abdullah Ahmad, referring to the outgoing premier Datuk Seri Abdullah Ahmad Badawi.

Najib has been in Parliament since the tender age of 22 when he took over the seat of his father, who died in office. He has held posts in the sports, education and defence ministries and now holds the powerful finance portfolio.

His father Tun Abdul Razak Hussein designed Malaysia's race-based system which was supposed to help ethnic Malays climb the economic ladder and compete against the more entrepreneurial ethnic Chinese population. His uncle, Tun Hussein Onn is credited with forging unity among the races during his premiership.

Najib's family links run to the heart of politics and business; his cousin is education minister and his younger brother Nazir runs Malaysia's second-largest bank CIMB.

Najib's recent move on the top job has been marked by continued attacks on his integrity by the opposition and by Internet bloggers obsessed with a lurid murder trial that involved Najib's former aide. The aide was acquitted, but not before Najib had to issue statements denying involvement.

Many political observers believe Najib may simply owe too much to too many people to stake out a separate political identity.

"He (Najib) was coddled and helped all along, first by his uncle Hussein Onn and then by Mahathir, the man who owed a debt of gratitude to his father," said Zainon Ahmad, political editor of the local Sun newspaper.

"Only now I think Najib has to be on his own," he said.

When he took the reins of power in 2003, current prime minister Abdullah looked like a tonic for a country that had grown tired of Dr Mahathir's 22-year rule.

Dr Mahathir dragged Malaysia towards developed nation status, oversaw the building of the iconic Petronas Towers in Kuala Lumpur, and guided the country through the Asian financial crisis of the late 1990s. Yet his long rule was also criticised for the growth of cronyism and its failure to help poor Malays.

Abdullah seemed to have laid the ghost of Dr Mahathir to rest in 2004 when the Barisan Nasional coalition, led by his Umno party, scored its biggest election success on promises to end corruption.

That success turned to dust in elections in March this year when the opposition stunned the government by depriving it of its customary two-thirds majority in Parliament, which means it can no longer automatically change the country's constitution.

Dr Mahathir has since turned on Abdullah, sniping from the sidelines when the premier cancelled some of his massive infrastructure projects. He resigned from Umno, swearing not to return until Abdullah was ousted.

In a further twist to that feud, Mukhriz is battling Abdullah's son-in-law Khairy Jamaluddin for the leadership of Umno's influential youth wing, a staging post to the party presidency and the premiership of the country.

That political battle is a sign that dynasty politics will be around for a long time to come, worrying some Malaysians who feel the country is governed neither by them, nor for them.

"The ones that keep coming back for more are the sons, daughters and grandchildren of yesteryear's leaders," said a comment posted on political blog www.bakrimusa.com.

"It is, to them, their birthright to be accorded such positions as their fathers and forefathers. If you are not born to 'the families', then you must marry into one!"

Hindraf wants political figures to help

KUALA LUMPUR, Nov 4 — The Hindu Rights Action Force (Hindraf), while welcoming the Pas offer to mediate on its behalf to lift the ban on the movement, has called on political figures to do the same.

"We would like to invite matured and seasoned politicians like Tun Musa Hitam, Datuk Seri Ong Ka Ting and Datuk Seri Panglima Joseph Pairin Kitingan to mediator for Hindraf," said its chairman P. Waytha Moorthy, who is living in exile in Britain.

"We trust they are able understand the problems faced by Malaysian Indians as a minority and may be able to reach out to the Umno-led government in lifting the ban on Hindraf," Waytha Moorthy said in a statement released today.

This represents a softer stance from the group which has continued to attack the government despite being outlawed on Oct 15 in the aftermath of its presence at the Cabinet Hari Raya open house at Putra World Trade Centre.

On Oct 23, just prior to Deepavali, 11 leaders of the group, insisting they were there as ordinary citizens, were arrested as they attempted to submit a letter to Prime Minister Datuk Seri Abdullah Ahmad Badawi demanding the release of five Hindraf leaders currently held under the Internal Security Act.

Two days later, Pas offered to act as mediator in resolving the problems Hindraf supporters had with the government.

The offer was made by two Pas leaders, vice-president Datuk Husam Musa and Youth chief Salahuddin Ayub, who met about 40 Hindraf supporters in front of the Putrajaya police headquarters where the 11 were being held.

The group was released on bail the next day.

Zaid lucky to be born a Malay, says Syed Hamid

Datuk Zaid Ibrahim Zaid hits back at critics
Ex-minister called 'a traitor to race'
Pakar gesa Zaid keluar dari Kelantan, Malaysia
Zaid not going to apologise for Ketuanan Melayu statement

©New Straits Times

• I will not apologise, says Zaid

PUTRAJAYA: Umno supreme council member Datuk Seri Syed Hamid Albar said historical realities must not be questioned to prevent potential issues from cropping up.

Elaborating on his call for Datuk Zaid Ibrahim to apologise for his remarks on the concept of Malay supremacy, Syed Hamid said the former minister in the Prime Minister's Department should extend the apology to all Malays in the country.

"It (the apology) is a simple statement that he should make. He should tell them (Malays) that it was not his intention to make them angry or hurt their feeling as the realities are all there," the home minister said.

Zaid should realise that in practising freedom of speech, he should not go to the extent of hurting the feelings of Malays, he said.
"If he does, then issues will start arising. So, those historical realities must never be questioned. Let us look forward.

"If you say that the concept of Malay supremacy has failed, then Zaid will not be what he is today. He is fortunate he was born a Malay," he said after launching a forensic level security control system, NexCode, here yesterday.

On Friday, Zaid was reported to have said that the concept of Malay supremacy had failed and was a distraction from the real issues confronting the country.


I will not apologise, says Zaid

KOTA BARU: Former minister in the Prime Minister's Department Datuk Zaid Ibrahim said yesterday he will not apologise for his remarks on Malay supremacy.

He said the concept did have negative elements and racist traits.

"Many Malays want their achievements to be respected and recognised based on their abilities.

"Malays have extraordinary abilities and they do not have to be arrogant that they have more rights than the other races.

"It does not mean that I am questioning the Federal Constitution. The problem is that the so-called Malay champions could not differentiate between rights and privileges.

"Maybe because of the (Umno) party's election season, many, especially those contesting the vice-president's posts, want to gain support by giving their own interpretations of my statement."

In his statement yesterday, Zaid said as a Malay kampung boy from a poor family, he wanted to see Malays advance in economy and education.

A rare parliamentary sight not seen for decades – eight UMNO Ministers queuing up in Parliament till 11.30 pm last night to reply

A rare parliamentary sight in Parliament for decades – eight Umno Ministers queuing up in Parliament till 11.30 pm yesterday to take their turn to reply in the 2009 Budget debate yesterday.

Clearly, my Sunday speech to the DAP Kuala Lumpur Convention castigating Umno Ministers for neglecting their parliamentary, Cabinet and national responsibilities because of the protracted Umno party elections and suggesting that they take five-month leave so as to ensure that the people and country do not suffer because of their party politicking when Malaysia faces the worst global economic crisis in 80 years has hit home and taken instantaneous effect.

On Thursday, two Umno Ministers, Home Minister Datuk Seri Syed Hamid Albar and Education Minister, Datuk Seri Hishammuddin Hussein played truant from their Ministerial duties when they were absent in the winding-up of their Ministries, passing the buck to their deputy ministers.

If Hamid and Hishammuddin think that their deputy ministers were equal to them and could reply of behalf of their Ministries as effectively as they themselves could, then it is time they resign and give way to their two deputies to become full ministers!

I hope that this unprecedented show of discipline and responsibility is not a “one-shot” affair but will become a directing principle for all responsible Ministers for the rest of the parliamentary term – and we will see Ministers taking full charge of the debate for each Ministry during the 16-day Committee stage debate of the 2009 Budget beginning tomorrow till 4th December 2008.

Yesterday, the Umno Ministers put up a responsible show, but the MCA Ministers fell short, with two MCA Ministers absent from their parliamentary posts during the reply, viz the newly-elected MCA President and Transport Minister, Datuk Ong Tee Kiat and the newly-elected MCA Vice President and Women, Family and Community Development Minister Datuk Dr Ng Yen Yen, who had to depend on their deputy ministers to save the day.

There can be no excuse for the absence of Cabinet Ministers from their parliamentary duties for the parliamentary calendar for the Ministerial winding-up in the 2009 budget debate had been fixed many months ahead of schedule and there can be no excuse for Ministers to be away from Parliament, whether overseas or somewhere else in the country.

I hope today, the fourth and last day of the Ministerial winding-up of the 2009 Budget debate, will see other Umno Ministers continue to set a good parliamentary example to their other BN Cabinet colleagues

How should a judge endear him/herself to the Bar?

NST's chief Dewan dispatcher Azmi Anshar is not letting the Salleh Abas vs Bar Council issue die just yet. I must thank him for reminding me about Robert Lazar's comment to my disclosure here on Salleh's predicament: "If Rocky really wants to know, the Tun never really endeared himself as a friend of the Bar pre-1988 ....".
I'm not sure why I didn'tn pin Robert Lazar there and then. Am glad Azmi's asking these questions in his latest despatch:

"But to “endear as a friend to the Bar”? How should Salleh endear himself to the Bar as a friend? Play golf with lawyers? Lunch or dinner together? Go for holidays together? Rule everything in favour of the lawyers of the Bar?"

Read Azmi's piece If you have to sock Salleh Abas ..... The new CJ should take serious note of Robert Lazar's response ...

Finding Equilibrium

Zaid Ibrahim’s impassioned call for a rejection of race politics last Friday at the LawAsia conference is one that deserves its place in history. His plea for the restoration of democracy and the Rule of Law has reverberated throughout the nation.

This is not surprising. Zaid’s message is rooted in an obviously deep and heartfelt commitment to the nation and the interests of all its citizens. Where the Malays are concerned, he is strident in his rejection of policies that have left the community struggling against a siege mentality that robs it of its ability to meet the challenges of a globalizing world. As he observes, the “Malays are now a clear majority in numbers. The fear of their being out numbered is baseless; they are not under siege. The institutions of government are such that the Malays are effectively represented, and the there is no way the interest of the Malays can be taken away other than through their own weakness and folly.”

Equally forceful in his defence of non-Malay interest, Zaid laments attempts by politicians to do away with a social contract that guarantees “equality and the promise of the Rule of Law” in favour of one that promotes a supremacist ideology that ultimately serves only the interests of an elite. This, he opines, has left the nation deeply divided and cut off from the democracy and Rule of Law so vital for the sustainable and inclusive development that all Malaysians need, irrespective of race and religion.

Put another way, Zaid has given voice to what it is most Malaysians think: that we need to be united to face the future. The founders of this nation understood we could, appreciating that there was no reason for fear and that we had every reason for mutual respect and dignity. Fear mongering has however kept us apart and from seeing the threats that confront us, and what we need to do to counter them.

Zaid’s message is persuasive for its simplicity and self-evident truth. He must be credited for having been able to say what had to be said, as it needed to be said.

If there is any doubt as to the legitimacy of the viewpoint expressed, then we need only consider the reactions from senior UMNO members entrenched in the leadership structure of the party. These reactions not only make it evident that Zaid hit the nail on the head, they also show why it is UMNO and the Barisan Nasional need to seriously reconsider how to make themselves relevant. Two responses are illustrative.

Perlis UMNO liaison chief and former Menteri Besar Datuk Seri Shahidan Kassim had this to say, according to media reports, “Zaid should repent. Otherwise he should get out of the ‘rumpun Melayu’. Paraphrased by BERNAMA, his explanation for this was that “if Zaid continued to question the Malay supremacy concept, then he should no longer be a Malay as a Malay should be defending the Malays and not running them down.”

But, is that not what Zaid was doing? Apparently not, for the New Straits Times reported Home Minister, Datuk Seri Syed Hamid Albar, who is incidentally an UMNO supreme council member, as saying that Zaid was “a traitor to his own race and should apologise for his remarks.”

Both responses are so self-defeating that they boggle the mind. They typify the might is right attitude that Zaid speaks out against. Being senior UMNO members, both individuals must be open to the possibilities. As Zaid put it, if “affirmative action is truly benchmarked on the equitable sharing of wealth that is sustainable, then we must confront the truth and change our political paradigm; 40 years of discrimination and subsidy have not brought us closer.”

Zaid was not alone in expressing concerns about the way things are. At the same conference, His Royal Highness Raja Nazrin Shah, the Raja Muda of Perak, called for a rejection of discriminatory policies. The Raja Muda observed that the “consequence of not empowering citizens or, worse, disempowering them, is to create a deep sense of alienation and hostility. Indeed, it is very often an overwhelming sense of alienation and powerlessness that causes the rash acts of violence that fracture societies. It gives these citizens every reason to seek to divide society in order to redress their dissatisfactions. This is bad and insensitive politics. On another level, we cannot morally turn our backs on the fundamental responsibility of ensuring that all stakeholders in our society, no matter how small or seemingly insignificant, have a place under the sun.”

The ideal could not be better articulated. Malaysians, all of us, want our place in the sun. We do not wish to live in fear, looking over our shoulders all the time. There is more than enough for us all to share in. We have been blessed with a nation so abundant with resources and so rich with potential that generation upon generation will be able to live in peace and prosperity. The only catch, if it can be called that, is that we need to be left alone to find our equilibrium. Only then can we get on with the task of doing it right.

(Malay Mail; 4th November 2008)

Malik Imtiaz Sarwar

Kuil SRI BATHRAKALIAMAN, JLN MASJID INDIA

Eventhough the new structure already been build on 10 meter by 11 meter next to the old structure DBKL was not considerate.
Temple priest Kanmanibala say he had ask for time for him to remove the dieties, earlier he had agree to remove on 30/10 then extention given till 3/11. DBKL doesnt consider plea by the priest. They came and bulldoz the old structure and also the toilet and a room where the priest stays. Even water supply been cut off.
S.JAYATHAS











MPs want answer on 'missing' TV show

DPM NAJIB’S OPEN HOUSE PLEDGE ANOTHER EYEWASH

DPM SHOULD INSTEAD ANNOUNCE A SPECIAL ALLOCATION AND CONCRETE PLAN TO UPLIFT THE INDIAN SOCIO ECONOMIC STATUS

We refer to DPM Dato Seri Najib Tun Razak’s Statement that a “the Indian community's plight was also being seriously looked into by a special cabinet committee, which he chairs, to ensure that it had participation in the national economy and equity”.

HINDRAF wishes to reiterate that the Indian community had heard enough promises for the last 51 years that would last them the next 3 generations of the Government’s promises that it cared for the plight of the Indian community and that they “would look into it”. The statement of the DPM is yet another eyewash during the festive Deepavali period to pacify and mislead the Malaysian Indian community as usual.

Every Deepavali open houses and MIC annual general assemblies the Indians are made to believe and given the assurances that their “plight are being looked into” and “help is just around the corner”. We have been hearing this for the past 51 years now and no Malaysian Indian would believe this apart from the MIC cronies who live and thrive on the “biscuits” thrown at them by UMNO.

The DPM must have thought the Indians could be fooled as usual and perhaps he would have received a “thunderous applause” for his “goodie announcements” which no doubt must have come from all the planted MIC cronies. The DPM who is also the Finance Minister should stop the “empty talk” and instead make a concrete announcement of an allocation of funds to uplift the socio economic condition of Indians in the country.

We want to know how serious the Government is in solving the woes of the Indian community in dollars and cents. Enough of setting up Special Cabinet committees and all the years of empty promises. The Malaysian Indians have woken up and can no longer be cheated with mere bare promises. The Government of the day has to be serious and solemn, come up with a concrete plan of how to address the issue instead of giving piecemeal solutions and empty promises.

P.Waytha Moorthy
CHAIRMAN
HINDRAF

Anwar says Ketuanan Melayu only benefits a minority

Anwar: Only a small group benefiting from ketuanan Melayu. — Picture by Choo Choy May

IPOH, Nov 3 — The “ketuanan Melayu” or Malay supremacy concept as advocated by certain groups, benefits and enriches only a small group of Malays, Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim said.

“I believe that the Malays and Bumiputeras should not be sidelined,” he said.

“We should do all we can to help them together with the Chinese and Indians,” Anwar told reporters after a talk at the Bangunan Darul Ridzuan today.

He said, however, that fighting for Malay supremacy to enrich a small number of Malays while a larger section of the community were still in deplorable condition, was unacceptable.

On the remark by former Minister in the Prime Minister’s Department Datuk Zaid Ibrahim recently that the Malay supremacy concept had failed, Anwar said, the statement should be studied by all.

At the 21st LawAsia Conference in Kuala Lumpur last week, Zaid said the Malay supremacy concept had failed and distracted from the real issues confronting the country.

The remark irked several Umno leaders, including Perlis Umno liaison chief Datuk Seri Shahidan Kassim who described Zaid’s statement as excessive, while Umno supreme council member Datuk Seri Syed Hamid Albar called on Zaid to apologise to the Malays.

Meanwhile, Anwar said that certain media had been manipulating the appointment of Low Siew Moi as the acting general manager of Selangor State Development Corporation (PKNS) and turned the matter into a racial issue.

He said the appointment was only temporary until a new one was made by the Pakatan Rakyat. — Bernama

Three Higher Education Ministers in 4 years while universities continue plunge in international rankings and losing out to Indonesia after left behind

Three Higher Education Ministers in four years while Malaysian universities continue the plunge in international university rankings – this is the second consecutive year Malaysia is excluded from the Times Higher Education Supplement’s (THES-QS) World’s Top 200 Universities.

Are these two matters inter-related?

This is the question I posed to the third Higher Education Minister in four years, Datuk Seri Mohamed Khaled Nordin in Parliament this morning when he replied during the winding-up of the 2009 Budget debate, but as expected, he could not throw any light on the conundrum.

It is a sad reflection of the “paradigm shift” in university quality and excellence in Malaysia that while the first two Higher Education Ministers (Datuk Dr. Shafie Salleh and Datuk Dr. Mustapha Mohamed) talked about how to defend Malaysian university rankings in the Top 200 World Universities, Khaled spoke with pride this morning at the inclusion of Malaysian universities in the Top 500 world universities!

I warned this morning that Malaysia is seriously losing out in competitiveness, with our univerisites not only left behind by Singapore [National University of Singapore (NUS) ranked 30th and Nanyang Technological University, Singapore ranked No. 77] and Thailand (Chulalongkorn University ranked No. 166), we are beginning to straggle behind Indonesian universities!

Until last year, Malaysian universities were all ranked well ahead of the Indonesian universities, but in the 2008 THES-QS World Top Universities ranking, Indonesian universities are catching up with Malaysian universities in leaps and bounds.

Last year for instance, the three top Indonesian universities were all ranked behind the Malaysian universities – University of Indonesia (UI) No. 395, Bandung Institute of Technology (ITB) No. 369 and Gajah Mada University (UGM) No. 360, as compared to the three top Malaysian universities University of Malaya (UM) No. 246, Universiti Sains Malaysia (USM) No. 307 and Universiti Kebangsaan Malaysia (UKM) No. 309.

In this year’s ranking, University of Indonesia has improved by 108 placings to be ranked as No. 287, Bandung Institute of Technology No. 315 and Gajah Mada University No. 316.

This means that in the 2008 THES-QS Ranking, University of Indonesia (No. 287) has narrowed the gap with University of Malaya (No. 230) and Universiti Kebangsaan Malaysia (No. 250), while ahead of Malaysia’s apex university, Universiti Sains Malaysia (No. 313), University Putra Malaysia (No. 320) and Universiti Teknologi Malaysia (No. 356).

RM5b + RM5b = RM10b worth of questions

The first 5 billion ringgit question is of course related to state investment company Valuecap. That’s the RM5 billion taken from our EPF money to be used by Valuecap to “invest” in the stock market.

But Malaysian Insider raises a new question. It claims that Valuecap owes its three shareholders RM5.1 billion, which is due to be repaid in February 2009.

This debt, in the form of interest-bearing unsecured bonds, raises questions over plans for the Employees Provident Fund to lend RM5 billion to Valuecap to invest in the stock market.

In March 2003, Valuecap borrowed RM5.1 billion from shareholders Khazanah, Kumpulan Wang Amanah Pencen and Permodalan Nasional Bhd to invest in the stock market. At the time, world stock markets were bracing for a looming war in Iraq which followed on the September 2001 attacks on the US.

Valuecap’s bonds were due to be repaid in February 2006, but the company was given another three years to this coming February. At the end of 2006, the three shareholders each held RM1.7 billion in these bonds, according to documents obtained by The Malaysian Insider.

Since these debt instruments were not listed and are not tradeable, the three shareholders are probably still holding these bonds today.

Recently, the government proposed that EPF lend Valuecap RM5 billion to invest in the stock market. In view of its impending obligation to repay its shareholders, however, questions arise over whether the loaned funds will be used to redeem the bonds.

As at the end of 2006, Valuecap’s investments were valued at RM4.8 billion. Since then, the stock market has lost 21 per cent of its value. If Valuecap’s investments have tracked the stock market, these could be worth RM3.8 billion currently.

Then there is Petaling Jaya Utara MP Tony Pua’s call on the Finance Ministry and Khazanah to explain their involvement in Silterra Malaysia Sdn Bhd, which lost RM1 billion last year. This is compounded by the alleged loss of RM5.17 billion that Khazanah Nasional is said to have invested in the semiconductor wafer manufacturer since 1994, reports Malaysiakini.

Tony is concerned that Silterra is now seeking an additional RM8.5 billion for its expansion efforts.

I think the Finance Ministry has some serious explaining to do. It should come clean and make public the accounts of these two entities - Valuecap and Silterra - and tell us exactly how much, if any, has been lost. The Ministry should also explain to the public exactly what it intends to do with the RM5 billion from EPF.

PAC SAYS NO WRONGDOING BY GOVERNMENT ON EUROCOPTER DEAL

Public Accounts Committee Chairperson Datuk Seri Azmi Khalid announced today that the committee has cleared the government of wrongdoing in the suspended billion-ringgit Eurocopter deal although they were concerned with the fact that there was no physical examination on the 12 Eurocopter helicopters which the government wanted to purchase.

It was proposed that the PAC wanted the government to be more transparent in all future dealings, and recommended that an independent review panel be set up to look into at all major purchases before the government commits.

Monday, 3 November 2008

Family members of detained HINDRAF human rights lawyers arrested Your Excellency


Mizan Zainal Abidin ibni al-Marhum Sultan Mahmud
Supreme Head of State (Yang di-Pertuan Agong)
Office of the Head of State
Istana Negara
50500 Kuala Lumpur
Malaysia
23 October 2008

Re: Family members of detained HINDRAF human rights lawyers arrested
Your Excellency,

Front Line is deeply concerned following reports that family members of detained Hindu Rights
Action Force (HINDRAF) lawyers were amongst 11 persons who were arrested on 23 October
2008, including the 6-year old daughter of HINDRAF Chairperson P. Waythamoorthy, as they
attempted to submit a letter to the Prime Minister's office in Putrajaya.
On 23 October 2008, at approximately 3.15 pm, P. Vwaishhnnavi, daughter of P. Waythamoorthy
and niece of HINDRAF leader P. Uthayakumar, approached the Prime Minister's office in Putrajaya
together with her mother K. Shanti, S. Jayathas, P. Taramaraju, P. Waytha Nayagi, Poobalan,
R. Kannan, Mary Shanti, Bala, Rajasekaran and Ravi Sundaram. They were there to accompany
P. Vwaishhnnavi as she submitted a Deepavali card to the Prime Minister in which she called for
the release of all those falsely imprisoned under the Internal Security Act (ISA), including five
human rights defenders from HINDRAF and also invited the Prime Minister to her home for an
open house to celebrate the festival. The 11 detained persons are currently being held at the
Putrajaya district police headquarters. Police Chief Abd Razak Abd Majid declined to comment on
the arrests but reports indicate that the child, the two women and eight men are being held under
either the Societies Act, for participating in an unlawful society, or the Police Act, for illegal
assembly.
On 15 October 2008 the Home Ministry officially declared the HINDRAF organisation illegal, as a
result of investigations by the Registrar of Societies (ROS) which reportedly found that 'the
organisation’s activities contravened the Societies Act 1966 and if left unchecked, the organisation
could pose a threat to public order, peace, security and morality in Malaysia'.
Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and
R. Kengatharan were arrested on 13 December 2007 and charged under the Internal Security Act
(ISA) of Malaysia on the grounds of threatening national security by organising a peaceful
demonstration. All five human rights defenders had taken up and worked on, on a pro bono basis,
many cases of death in police custody and police violence. They had filed many cases against the
Malaysian Government and authorities. Chairperson P. Waythamoorthy remains in self-exile in the
United Kingdom.
Front Line believes that the above-mentioned persons have been arrested and detained solely on
1
account of their legitimate human rights activities calling for the release of Messrs P. Uthayakumar,
M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and R. Kengatharan. In addition Front Line
believes that the five members of HINDRAF were targeted as a result of their work defending the
rights of the ethnic minority Indians in Malaysia. Front Line is concerned for the physical and
psychological integrity of all of the aforementioned human rights defenders.
Front Line urges the Malaysian authorities to:
1. Immediately release the above-mentioned persons who were arrested on 23 October 2008,
as well as Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar
and R. Kengatharan as it is believed that they are being detained solely on account of their
legitimate human rights activities;
2. Immediately repeal the decision to ban HINDRAF;
3. Take all necessary measures to guarantee the physical and psychological security and
integrity of the aforementioned human rights defenders and their family members;
4. Guarantee in all circumstances that human rights defenders in Malaysia are able to carry
out their legitimate human rights activities without fear of reprisals, and free of all
restrictions including judicial harassment.
Front Line respectfully reminds you that the United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN
General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights
defenders, their right to freedom of association and to carry out their activities without fear of
reprisals. We would particularly draw attention to Article 5 “For the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the right, individually and in
association with others, at the national and international levels: (a) To meet or assemble
peacefully”; and to Article 12 (2): “The State shall take all necessary measures to ensure the
protection by the competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or
any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred
to in the present declaration.”
Yours sincerely,
Mary Lawlor
Director

MEDIA STATEMENT 03.11.2008


DPM NAJIB’S OPEN HOUSE PLEDGE ANOTHER EYEWASH

DPM SHOULD INSTEAD ANNOUNCE A SPECIAL ALLOCATION AND CONCRETE PLAN TO UPLIFT THE INDIAN SOCIO ECONOMIC STATUS

We refer to DPM Dato Seri Najib Tun Razak’s Statement that a “the Indian community's plight was also being seriously looked into by a special cabinet committee, which he chairs, to ensure that it had participation in the national economy and equity”.

HINDRAF wishes to reiterate that the Indian community had heard enough promises for the last 51 years that would last them the next 3 generations of the Government’s promises that it cared for the plight of the Indian community and that they “would look into it”.

The statement of the DPM is yet another eyewash during the festive Deepavali period to pacify and mislead the Malaysian Indian community as usual.

Every Deepavali open houses and MIC annual general assemblies the Indians are made to believe and given the assurances that their “plight are being looked into” and “help is just around the corner”. We have been hearing this for the past 51 years now and no Malaysian Indian would believe this apart from the MIC cronies who live and thrive on the “biscuits” thrown at them by UMNO. The DPM must have thought the Indians could be fooled as usual and perhaps he would have received a “thunderous applause” for his “goodie announcements” which no doubt must have come from all the planted MIC cronies.

The DPM who is also the Finance Minister should stop the “empty talk” and instead make a concrete announcement of an allocation of funds to uplift the socio economic condition of Indians in the country.

We want to know how serious the Government is in solving the woes of the Indian community in dollars and cents. Enough of setting up Special Cabinet committees and all the years of empty promises. The Malaysian Indians have woken up and can no longer be cheated with mere bare promises. The Government of the day has to be serious and solemn, come up with a concrete plan of how to address the issue instead of giving piecemeal solutions and empty promises.

P.Waytha Moorthy

CHAIRMAN

HINDRAF

Abdullah’s inaction pushes Malaysia back to Mahathirism

COMMENTARY

NOV 3 — Putting aside for the moment the question of whether the return of Mahathirism is a good or bad thing for Malaysia, let us agree that one man’s failure has provided the ripe conditions for its return.

If today Tun Dr Mahathir Mohamad’s influence in government and among Umno members is growing, and his ideas on tackling the economic slowdown to fighting malaise in the Barisan Nasional are gaining traction in the community, it is because Datuk Seri Abdullah Ahmad Badawi did not provide the strong, decisive leadership which Malaysians want and crave for.

Abdullah and his supporters may complain that the advent of Mahathirism is a return to the days of power being centralised in the hands of the few; with institutions being trampled upon and the rule of law being subjugated but there is little evidence that the Abdullah years were watershed years in governance and transparency.

On Thursday, it was exactly five years that the baton of leadership changed hands between Dr Mahathir and Abdullah. Those were days of promises; pronouncements; new beginnings. Nothing exemplified this more than the motion of thanks to Dr Mahathir which Abdullah proposed in Parliament on Nov 3, 2003.

Scroll through the motion of thanks today and two things become apparent: why Malaysians were so taken up with what Abdullah had to offer and his inability to add flesh to the grand sounding rhetoric of that day.

Here are a few examples:

? “We must seek and identify new sources of economic growth. We must develop new approaches to enhance our competitiveness and strengthen our resilience to face global challenges. The distribution of economic opportunities must be equitable to benefit the broadest range of people.”

Fact: Five years on, the government is still talking about finding new sources of growth. The reality is that Malaysia is still far too dependent on oil and commodities for its revenue. Our manufacturing sector is built on a brittle foundation — the uninterrupted flow of cheap foreign labour.

And yes, we are still a long way off from becoming a modern agriculture powerhouse.

? “We must respect the separation of powers between the legislature, the executive and the judiciary. This is important to maintain the checks and balances needed to prevent abuses of power.”

Fact: What separation of powers? The concept of separation of power truly works only when judicial review of administrative processes is allowed.

Abdullah’s promise of ushering a judicial renaissance is pretty much work in progress.

? “It is incumbent upon us as elected representatives to display exemplary political leadership, which can only be effective if we are respected. We must cultivate an image that is clean, incorruptible, modest and beyond suspicion.”

Fact: March 8. On that day, many Malaysians gave their verdict on Barisan Nasional candidates, whom they viewed as arrogant, power crazy, avaricious and corrupt.

Despite all the talk, the consensus was that many elected representatives ran roughshod over Abdullah during his first term as the prime minister, predicting correctly that unlike Dr Mahathir, he would not use the powers of incumbency to bring them into line.

When lined up side by side, the Mahathir years seems like a time of progress; of a country taking shape; of economic growth; of a vision; of punching above the weight in international relations.

In contrast, the Abdullah years seems like a time of intangibles; more democratic space; more willingness to tolerate differing opinions and more respect for Parliament.

But precious little for the little man to appreciate and cling on to as evidence of a better standard of living.

Given this backdrop, it is not difficult to understand why many Umno members and a good number of Malaysians are not as troubled about the return of Mahathirism as members of the chattering class and Abdullah’s supporters.

They yearn for a strong hand, especially in these uncertain economic times. They want to know where Malaysia is headed.

Abdullah’s motion of thanks on Nov 3, 2003 also gives a clutch of hints on why not everyone is in mourning over Dr Mahathir’s return to the main theatre of politics in Malaysia.

This is what Abdullah said five years ago: “The development of our infrastructure and human resources grew at its fastest pace during his premiership. More importantly, he placed our country on the world map and has made Malaysia an example of political stability, economic prosperity, racial unity and religious tolerance. We are now widely acknowledged as a progressive Islamic country.

“The Member of Parliament for Kubang Pasu has imbued us with self-confidence, dignity and national pride. He is a hero to his nation and to his people — a hero who elevated his country in the eyes of the world.”

Critique on Judgment of the Court of Appeal Chin Peng v Government of Malaysia

by M.R. Pearce

Chin Peng1. I have been an observer, on behalf of the International Association of Democratic Lawyers, at proceedings in the above matter in Jaya Putra, Malaysia. I have been asked by the lawyers for the plaintiff, Chin Peng, to prepare a critique of the most recent judgment in the case, that of the Court of Appeal dated 20 June 2008. (Click here to read the Judgment of the Court of Appeal)

2. In summary I consider that the Court of Appeal erred in the following respects:

• It failed to appreciate that, since the proceeding was commenced by originating summons, rather than writ, and since no order for discovery had been made, there was no obligation on Chin Peng to give discovery.Read more

Irene Fernandez: The Best or Worst of Malaysia?

by Suzette Standring
November 2008
Huffington Post

It is a textbook case of laws being used to crush critics of governmental operations. Malaysia may be 9,296 miles from the United States, but the theme of authorities seeking to silence protest is a universal one. Thus when such a bell tolls, it can toll for thee.

The criminal appeal of Irene Fernandez, age 62, begins (Oct. 28-30) at the Criminal High Court in Kuala Lumpur. It is the longest running legal attempt in Malaysian history to punish a bearer of bad news. In August 1995, Fernandez made public her report, Abuses, Torture and Dehumanised Treatment of Migrant Workers at Detention Centres. It was based on interviews with 300 detainees, each of whom Fernandez spoke with in her role as director and co-founder of Tenaganita, a non-governmental organization (NGO) in Kuala Lumpur that has worked to protect the rights of foreign workers since 1991.

She gave voice to bloodied and abused immigrants held in centers pending deportation. Unspeakable filth, dehydration and rape of children were part of her documented report. In 2003 she was convicted of “maliciously publishing false news,” under Section 8A(2) of the Printing Presses and Publications Act (1984) - even though the Malaysian government did admit to 46 detention-center related deaths.

Released on bail pending her appeal, Fernandez continued her work on behalf of women, children, migrant workers and the poor in Malaysia. The PPPA gave absolute discretion and broad powers to the Minister of Home Affairs to ban or restrict “undesirable publications.” Later it was found to breach the fundamental right to freedom of expression by the UN Human Rights Committee and other constitutional courts around the world.

Now 13 years and 300 court appearances later, the legal wrangling may end. High Court Judge Yang Arif Hakim Dato’ Haji Mohamad Apandi Bin Haji Ali wants to resolve Fernandez’s case this year. Perhaps Judge Apandi’s call for resolution may signal a positive turning point. In a country struggling to fight against corruption, perhaps Judge Apandi’s court will see justice finally served. The facts in Fernandez’ favor are too overwhelming for revisionist history.

Fernandez was born in 1946 in Malaysia, growing up in migrant worker conditions. Her father was a rubber plantation worker. Her first-hand knowledge of the hardships and easy victimization of such laborers was the underpinning of her passion to serve the powerless. Long before her 1996 arrest sparked her current ordeal, Fernandez had been promoting the poor since 1970. She organized the first textile workers union and developed programs to create trade unions in free trade zones. Her consumer education programs taught children about basic needs, safety and environmental protection. Her work with grassroots organizations led directly to laws against domestic violence, sexual harassment and improvements to rape laws. (http://www.rightlivelihood.org/irene-fernandez.html)

Yet in March 1996 Fernandez was charged for “maliciously publishing false news.” Her trial dragged on for seven years. In a surprise fast-tracking of procedure, Fernandez’ lawyers were given only two days to make final submissions based on seven years of trial and 50 witnesses before final judgment by Judge Juliana Mohamed. Interestingly, the prosecution was ready with an 82-page submission.

In 2003, Magistrate Juliana Mohamed ruled Fernandez’ report - the torture, denial of medical treatment, forced stripping, lack of proper food, unsanitary toilets and police corruption in detention centers toward migrant workers held for deportation from Malaysia - to be false. Prosecutor Stanley Augustin pushed for the harshest sentence as a deterrent to any who might throw Malaysia’s good name into disrepute amid world attention. “The court must take into account the interest of the nation. Freedom of speech is not freedom to say anything you like. It must be confined and cannot hurt the public or national interest,” said Augustin.

At the sentencing, Fernandez said, “I want my children and the children of all the people I work with as head of Tenaganita to enjoy and live in a society that is peaceful, where we do not fear state violence.” Facing a maximum sentence of three years, Fernandez was sentenced to one year of imprisonment, but was released pending appeal. And over 13 years, Fernandez’ legal process has taken absurd twists and turns, all from court mismanagement.

Statements from five key prosecution witnesses and all of the 21 defense witnesses have gone missing. A computer virus wiped out hearing notes.

Over 1,700 pages of trial records were missing. A massive re-typing of notes was undertaken, and content was still awaiting transcription as of August 2008. Currently 3,648 pages are divided into eight volumes. Judge Apandi has ordered the appeal to move forward despite any illegible or incomplete notes. The Criminal High Court should dismiss this case due to an inaccurate trial transcript and reconstituted court records. But when a case is high profile, politics can come into play, and not just in Malaysia. (Sometime look into the case of People of California v. Caryl Chessman, a criminal who was a controversial critic of the justice system. His execution for kidnapping was based on a law that was later repealed and an incomplete trial transcript.)

But Fernandez is no criminal. She is the teller of uncomfortable truths, with a long activist history in protesting abuses and enacting reforms. In 2005, she earned the Right Livelihood Award, often called the “Alternative Nobel Prize” for “… for her outstanding and courageous work to stop violence against women and abuses of migrant and poor workers.” Established in 1980, the Right Livelihood Award honors and supports those “offering practical and exemplary answers to the most urgent challenges facing us today.” Fernandez is one of 133 Laureates from 57 countries.

Now that is a recognition of which Malaysia should be proud. Conversely, the country should publicly decry those who practice or support abuse and corruption through the manipulation of its laws. What is shameful are the efforts to hide the existence of deplorable conditions. What throws a country into disrepute is its resistance to righting wrongs. Irene Fernandez embodies the best of Malaysia - grace, strength, courage and endurance - even as the worst elements of Malaysian power have long sought to silence her. Few would have the determination to gut through the uncertainty of facing prison and all the horrors it might hold, but Fernandez has endured a 13-year legal ordeal. As an advocate of non-violence and legal means, Fernandez draws attention to the plight of the undesirables with her personal struggles.

The findings of her report cannot be false. Nor is truth ever malicious. Fernandez has been a role model of right living, despite the sword of Damocles that has dangled over her head for the past 13 years. That’s a long time to live under restricted freedoms, a confiscated passport and being barred as an election candidate. Whether justice is dispensed depends on the morality of those in charge and their own degree of courage. But I hope for the best. I take my cue from Fernandez’ reported serenity and from the faith that fueled Martin Luther King when he once wrote, “The moral arc of the universe is long but it bends toward justice.”

Hindraf teddy bear more dangerous than Osama bin Laden?

This is a video clip of my parliamentary exchange with the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz on the Hindraf ban and the detention of the five Hindraf leaders under the Internal Security Act on Wednesday (29.10.08) during the first-day Ministerial winding-up in the debate on the 2009 Budget.



Over 100 brave rain to attend PJ vigil

Photos by Rakyat@Work

Eye-witness report by Rakyat@Work:

The night when colours fade:

“Where are all the Indians?”
“Where are all the Malays?”
“Where are all the Chinese?”

Haris: Are we all blind or what? Who cares about skin colours? It doesn’t matter any more! We are Bangsa SATU! We are Bangsa Rakyat!

Yes! I feel a surge of adrenaline overflowing within me, a sudden sense of brother- and sisterhood with my fellow Malaysians. It’s a celebration of Life. I feel good, I really do. So do the rest.

Towards the end of the event, someone discovers a wallet that had been dropped. Marina immediately hands it over to a guy and asks that it be returned ASAP. Someone else whips out his handphone and asks if there are any contact details in the wallet. It is sorted out in no time. That’s the kind of spirit when we say Bangsa Rakyat Bangsa Satu.

2100: The crowd continues to mingle and as always, Marina and Zorro are the main attractions. Everyone just wants a piece of “justice” and “power” from Marina. Where’s Haris? Somehow I miss him too. Well, my partner and I ended our night at a fast-food outlet and we had a drink with other newfound family friends. We sure quenched our thirst and our spirit for the night.

Remember 7 Nov 2008. Free RPK!!!!!

2045: Someone’s already speaking. Unusually early I thought, but the number of people could have hastened the momentum of the event. Where’s my camcorder? Where’s my camera? Should I use… can’t get around to it with the umbrella… Dripping wet now and … just forget about the umbrella. And suddenly I remember, my little Olympus claims to be “waterproof”… good chance to test it out now. Fortunately, it lives up to its claim.

After squeezing past through bodies and umbrella, there he was! The man himself! Haris, a mountain of a man; imagine, he must be a six-footer. And now standing on top of a make-shift box as temporary podium, he certainly stands TALL, a person who speaks with conviction and passion, a sense of assurance that sounds like music to me. That’s right.

He makes several calls, reminding us of our first venture into the real world of the “living”; we are not to be in bondage. And all it takes is that one small step to stand up for your rights and for the truth. (Yes, it’s scary at first, but this is exactly what this vigil is all about, to help everyone to come together and get rid of this fear that has been tormenting the rakyat for God-knows-how-long. The rakyat’s presence at these vigils are only a means to larger objectives: to free RPK, to free all the other ISA detainees, and finally to get rid of the ISA.)

Sorry, that’s my own perspective; Haris may be using different words. It’s also about Justice. Justice for all rakyat to be respected as Bangsa Satu or Bangsa Rakyat.

Ah, beside him stands Zorro, smiling, I suppose he must have felt relieved tonight as it is his well deserved day off, now that Haris is here. Cheers, mate.

Next speaker or motivator is a woman who volunteers to set the mood for the evening with shouts of “Free RPK!” and “No to ISA!” or something to that effect.

I’m soaked by now, pretty uncomfortable. Need to move around.

Next speaker: our Adun, Lau Weng San, who continues to reassure the rakyat that this PJ venue is safe. He urges us to bring along more friends for the next vigil. (If there should be any negative or evil elements amongst the crowd, they are also welcome, perhaps to learn that abolishing the ISA will be beneficial to their loved ones too. Again, these are my thoughts; sorry, can’t help it)

A young man takes the stand and mentions that, after attending several vigils now, the number of people attending the vigil is still relatively small. He wishes to see larger crowds and more new faces for the coming event. (Yes folks, do make a stand now. Just do it! Come and be counted.)

Then the floor is opened to anyone who wants to share about the event. A gentleman from overseas says he is happy to join us, and says what we are doing is for the right cause; it is the right thing to do. He isn’t sure when he will return again to Malaysia, but he hopes that we need not have to conduct these vigils the next time. ( He obviously meant “Away with ISA for good.” )

“We want to see more of the young generation here. Is there anyone here?”

Indeed a young fellow, probably in his 20s stands up and takes the mic, “I’m happy to be here, thank you.” Well? That’s all, Haris says he just wanted to see, right?

Okay, move over pal, here comes Mr “Singalaysian”, Stephen, a Singaporean who married a lovely Malaysian woman, Lita. He is another fine example to the rest of the rakyat. He was at the Seremban vigil last Friday and despite his busy travelling back and forth from Singapore, Seremban, and now to PJ, he makes a point to come simply because of the great respect he has for RPK and his support for abolishing the ISA. He doesn’t need a mic cos he’s STRONG…voice and person. Kudos, Stephen!

Right, the rain’s getting into my eyes again… gotta move out once more…

Now, it’s karoke time with a difference. No mike, just “unplugged”, we all sing a beautiful number tonight; it’s called “That’s what friends are for”. So appropriate: through bad times, through good times, in fact through all times, we are friends for life….

It’s another wonderful evening. The rain’s about to stop. Before we end, Haris again reminds us all to remember the date 7 Nov. That’s right, it’s this Friday. So folks, please make a date with RPK, and come. (Get details from Malaysia Today, okay?)

2005: Arrive a little late due to the rain (excuses). But that’s the reason why partners are all important. Sometimes, you just need that little extra push to get lazy bones moving. So here we are. Both of us have the same question: With the rain still pouring, will there be anyone turning up? Yes, the crowds are already there. In fact, more than we anticipate.

Somali rape victim, 13, stoned to death

The Following Incident can be happen in Malaysia when the government fail to uphold their Justice properly and want the country too much into Islam rules.

MOGADISHU, Nov 2 - A 13-year-old girl who said she had been raped was stoned to death in Somalia after being accused of adultery by Islamic militants, a human rights group said.

Dozens of men stoned Aisha Ibrahim Duhulow to death Oct 27 in a stadium packed with 1,000 spectators in the southern port city of Kismayo, Amnesty International and Somali media reported, citing witnesses. The Islamic militia in charge of Kismayo had accused her of adultery after she reported that three men had raped her, the rights group said.

Initial local media reports said Duhulow was 23, but her father told Amnesty International she was 13. Some of the Somali journalists who first reported the killing later told Amnesty International that they had reported she was 23 based upon her physical appearance.

Calls to Somali government officials and the local administration in Kismayo rang unanswered Saturday.

“This child suffered a horrendous death at the behest of the armed opposition groups who currently control Kismayo,” David Copeman, Amnesty International’s Somalia campaigner, said in a statement Friday.

Somalia is among the world’s most violent and impoverished countries. The nation of some 8 million people has not had a functioning government since warlords overthrew a dictator in 1991 then turned on each other.

A quarter of Somali children die before age 5; nearly every public institution has collapsed. Fighting is a daily occurrence, with violent deaths reported nearly every day.

Islamic militants with ties to al-Qaida have been battling the government and its Ethiopian allies since their combined forces pushed the Islamists from the capital in December 2006. Within weeks of being driven out, the Islamists launched an insurgency that has killed thousands of civilians.

In recent months, the militants appear to be gaining strength. The group has taken over the port of Kismayo, Somalia’s third-largest city, and dismantled pro-government roadblocks. They also effectively closed the Mogadishu airport by threatening to attack any plane using it. - AP

Sunday, 2 November 2008

RESPECTING UK IMMIGRATION LAWS

The UK Government is currently reviewing its visa regime on eleven (11) countries including MALAYSIA under the UK Visa Waiver Test. Countries were identified based on the risk posed by its nationals in the UK including those WORKING IN THE UK ILLEGALLY AND OTHER IMMIGRATION ABUSE. The UK Government has given these countries six (6) months to reduce the risk they pose. Unless the risk is reduced significantly, the UK Government will impose visa requirements on nationals of these countries including Malaysia.

Malaysians who would like to work and stay in the UK are advised to apply through the proper channel or contact the British High Commission in Kuala Lumpur for further details (http://ukinmalaysia.fco.gov.uk)

The British government has appointed the International Organisation for Migration to handle the publicity campaign and encourage voluntary return. Information on voluntary return can be found on IOM's website at http://www.iomlondon.org or telephone 020 7233 0001.

MALAYSIAN EMBASSY URGES ALL MALAYSIANS IN THE UK TO RESPECT, OBSERVE
AND
NOT TO VIOLATE UK IMMIGRATION LAWS

Razak Baginda saved by his affidavit

KUALA LUMPUR, Nov 2 - The acquittal of political analyst Abdul Razak Baginda in the high-profile murder case of his former Mongolian lover made big headlines in Malaysian newspapers yesterday, with many zooming in on how his affidavit had saved him.

The sleazy and sensational affair, and Abdul Razak's close ties to Deputy Prime Minister Najib Razak, had kept the case in the public eye as the trial ran for two years.

His almost-forgotten affidavit filed two years ago was the highlight as it was pivotal to the High Court judge's decision to acquit him of abetting the murder.

The document was filed in court in an attempt by Abdul Razak, 48, to obtain bail before the trial started. He failed to get bail and there was criticism then by legal experts who considered it a wrong move to disclose
his case so early in the trial.

But it turned out to be an astute move. High Court judge Mohamed Zaki Mohamed Yasin on Friday ruled that the tell-all affidavit had helped clear him of the charge of asking two policemen to kill Altantuya
Shaariibuu.

"In the absence of the rebuttal evidence against them (statements in the affidavit), coupled with the fact that there is no legal onus for him to rebut any statutory presumption, there is clearly no reason for the
statements to be ignored and rejected," the judge said.

The lengthy document detailed how Abdul Razak met Altantuya in 2004, and had an affair with her that lasted until 2005.

After they broke up, he alleged that the 28-year-old interpreter harassed him, and that he had sought the help of the police. But he denied telling them to kill her.

According to court evidence, Altantuya's remains were found in a jungle outside Kuala Lumpur, blown up with explosives after she was shot dead.

The judge found that 13 statements in the affidavit were not rebutted by evidence put forward by prosecutors. In a nutshell, they recounted how Abdul Razak had asked Musa Safri, a security aide of the deputy premier, for help because of Altantuya's harassment.

Musa reportedly said he would introduce him to a police officer. The co-accused Azilah Hadri, an officer from an elite unit that guards VVIPs, called Abdul Razak the next day.

Abdul Razak said he called Azilah on Oct 19, 2006, when Altantuya turned up at his house.

Altantuya was taken away by three police officers. Abdul Razak said he subsequently asked Musa what had happened to Altantuya but the aide said Azilah did not tell him.

The judge on Friday found these statements were corroborated by witnesses at the trial, and "clearly negated and nullified the act of abetment as alleged".

This detailed legal explanation was, however, described by veteran opposition politician Lim Kit Siang as a technical one, as he demanded further investigation.

The immediate public reaction on the Internet was, as expected, similar. Abdul Razak's close ties to DPM Najib were hauled out to hint at favoured treatment although there was no evidence of this.

Lim wrote in his blog that it was imperative for Najib to face an independent government inquiry on the allegations.

So far, Abdul Razak has not given his side of the story. After his acquittal, he went back to his house in upmarket Damansara Heights before going to the mosque for Friday prayers.

He wore broad smiles each time he came out of the house, but declined to speak to reporters. He also said he had been fasting for the 22 months since he was arrested.

His two co-accused, Azilah and Sirul Azhar Umar, who allegedly killed Altantuya, have been ordered to present their defence. The hearing will begin on Nov 10.

Here are excerpts of the affidavit filed by Abdul Razak Baginda:

EVEN though I had appointed (private eye) P. Balasubramaniam, the harassment by Altantuya against my family and me did not stop. Hence, I asked Deputy Superintendent Musa Safri (a security aide to Deputy Prime Minister Najib Razak) for help.

I also sought help to be introduced to a police officer from the Brickfields police station as my house was under their jurisdiction.

DSP Musa told me that he would introduce me to an officer who would help me.

On Oct 17, 2006, the deceased came to my house and wanted to meet me. I was not at home at that time, and my wife learnt of her visit.

On the night of Oct 17, I was at home and there was a commotion outside the house.

I called Balasubramaniam and Dhiren Norendra (a lawyer) to help me. A police patrol car arrived to settle the matter.

DSP Musa later called me and said a police officer would call me to help me sort out my problem with the deceased.

On the morning of Oct 18, 2006, Azilah Hadri (one of the co-accused) called me and introduced himself as the police officer who was referred by DSP Musa to help me.

I subsequently met with Azilah. I told him that the deceased had caused a commotion at my house, and asked him to conduct patrols around my house.

On Oct 19, 2006, Balasubramaniam called me and told me that there was a commotion outside my house. I was out with my family. So I called Azilah for help.

Balasubramaniam told me that three plainclothes police officers came to my house... to take the deceased away.

On Oct 20, I bumped into DSP Musa. I asked him what happened the night before and DSP Musa told me Azilah did not tell him anything. - - The Straits Times

Two down, one to go, Zaid

…The Ketuanan Melayu model has failed… The founders envisaged a government for all Malaysians… The creation of Bangsa Malaysia is the challenge of establishing a united Malaysian nation with a sense of a common and shared destiny. This must be a nation at peace with itself, territorially and ethnically integrated, living in harmony and full and fair partnership, made up of one Bangsa Malaysia with political loyalty to the nation…How do we bring unity to the people if we are not prepared to respect their dignity? …The obsession with the Ketuanan Melayu dotrine has in fact destroyed something precious in us. It makes us lose our sense of balance and fairness…my parting message is this: The people of goodwill must continue to strive to bring about change, so that we can rebuild the trust of all Malaysians. From that trust, we can rebuild the country where we do not live in fear, but in freedom; that the rights of all Malaysians are acknowledged, respected and protected by the system of law that is just and fair. There is no quest more honourable and a struggle more worthy of sacrifice’ - excerpts from Zaid Ibrahim’s speech at the LawAsia 2008 conference yesterday.

These excerpts do not do justice to his speech, which deserves full reading. The full text, in pdf, is linked below.

zaid-speech

On 26th April, last year, I said this of Zaid Ibrahim in a post entitled ‘Zaid vs Nazri - The debate and my thoughts’ :

‘I think you have tried to bring about change in UMNO and BN so that it might begin to dismantle its race-based politics. I think you have tried to restore some semblance of constitutional order to this country. You have failed, not for want of trying, but because the politics of patronage so entrenched in BN cannot be broken simply because of the vested interests of its leadership…if you stood in my constituency in the next election as an independent candidate, you would get my vote. I think you have done enough to rightfully be addressed ‘Yang Berkhidmat” ‘.

Six months later, in another post entitled ‘YB Zaid, you don’t belong in UMNO’, I urged Zaid to :

‘…get out of UMNO, stand as an independent candidate in any constituency in the Klang valley of your choosing in the forthcoming general elections, and this blog will throw its support behind you’

Zaid did not contest in the 12th General Elections. He was dropped from UMNO’s list of candidates.

In April, this year, Pak Lah appointed Zaid senator as well as minister to lead in reforms to, amongst others, the judiciary.

I thought Zaid tried his best, but ran into a huge obstacle.

UMNO.

In September, Zaid resigned from his ministerial position, in protest of the government’s use of the ISA.

Yesterday, during the LawAsia conference, he also clarified that he had resigned his senator’s position.

I just sent the following sms to Zaid :

‘2 down, 1 to go. U quit as minister & senator. Now dump UMNO and lead anak Bangsa Malaysia’
(Harris Ibrahim)

Mahfuz persoal keputusan mahkamah yang selari dengan SMS Najib

Keputusan mahkamah yang dilihat memenuhi urutan peristiwa sebelum itu, terutama kandungan SMS Timbalan Perdana Menteri Datuk Seri Najib Razak, tidak membantu memulihkan kepercayaan rakyat kepada institusi kehakiman.

Malah, keputusan itu juga akan menyebabkan integriti Najib semakin dipersoal dan dipertikaikan.

Ketua Penerangan PAS Haji Mahfuz Omar membangkitkan perkara itu mengulas keputusan Mahkamah Tinggi Shah Alam semalam yang membebaskan penganalisis politik, Abdul Razak Abdullah Baginda dari tuduhan bersubahat membunuh ahli perniagaan Mongolia, Altantuya Shaariibuu.

"Keputusan mahkamah itu tidak membantu memulihkan kepercayaan kepada institusi kehakiman. Terlalu jelas keputusan itu memenuhi urutan peristiwa sebelum itu.

"Mengapa keputusan itu selari dengan kandungan SMS Najib kepada Shafie yang menyatakan "all is not lost" di awal penangkapan Abdul Razak dahulu?" tanya Mahfuz.

Dalam SMSnya kepada peguam Abdul Razak ketika itu Datuk Shafie Abdullah, Najib memberitahu "Pls do not say anything to the press today. i will explain later. RB will have to face a tentative charge but all is not lost".

Maksudnya, "Harap tidak beri apa-apa kenyataan kepada akhbar hari ini. Saya akan terangkan kemudian. RB (Razak Baginda) terpaksa menghadapi pendakwaan tentatif tetapi tidak semuanya hilang".

Najib tidak menafikan SMS tersebut adalah antara beliau dan Shafie.

"Mempertikaikan keputusan mahkamah tidak diizinkan undang-undang negara ini. Tetapi, rakyat tidak boleh disalahkan jika mereka enggan mempercayainya," kata Mahfuz.

Ahli Parlimen Pokok Sena itu juga tidak menolak kemungkinan keputusan membebaskan Abdul Razak itu akan menyebabkan integriti Timbalan Perdana Menteri semakin dipersoal dan dipertikaikan.

"Najib tentu tidak akan menolak peluang untuk menggantikan Abdullah sebagai Perdana Menteri.

"Tetapi, pernahkah Najib mengambilkira perasaan rakyat Malaysia apabila Perdana Menteri mereka dikait-kaitkan dengan pembunuhan Altantuya dan keputusan mahkamah yang dilihat selaras dengan kandungan SMS beliau kepada peguam yang sebelum ini terlibat dengan kes itu? Itu belum lagi diambilkira kes Sukhoi, Scorpene dan Eurocopter.

"Adakah Najib fikir mereka bangga dan gembira mempunyai Perdana Menteri seperti itu?" Mahfuz mempersoalkan.

Mengulas lanjut mengenai integriti kehakiman, beliau juga melihat kenyataan Ketua Hakim Negara baru yang dipertikaikan perlantikannya sebagai kenyataan tidak bermakna.

"Hanya cakap sahaja yang boleh didengar tetapi tidak ada perlaksanaan untuk dilihat," kata beliau.

New politics of “Beyond NEP”

(Limkitsiang)I am still recovering from my shock in Parliament on Thursday night when the Minister in the Prime Minister’s Department, Datuk Amirsham Aziz former CEO of Maybank, pleaded ignorance when I asked him whether he agreed that the New Economic Policy (NEP) cannot be equated with Article 153 of the Constitution. Amirsham claimed that he was no expert on constitutional law!

It is outrageous that after more than half-a-century of nationhood, Barisan Nasional (BN) Ministers and leaders cannot or dare not answer a simple question – whether they agree that the NEP cannot be equated with Article 153 on special provision for Malays and the bumiputeras in Sabah and Sarawak.

As I argued in Parliament when I posed the question to Amirsham, if NEP is equated with Article 153, then Deputy Prime Minister-cum-Finance Minister, Datuk Seri Najib Razak would be guilty of challenging Article 153 and Malay special rights when he told Bloomberg recently that “all the elements of NEP” would be phased out in stages, adding “If we do not change, the people will change us”.

The NEP had been a divisive instrument in nation-building, even more so today, as it is being used to benefit rich and privileged Umnoputras rather than the poor bumiputras.

Amirsham was unable to give any satisfactory response to my contention that the methodology used by the Economic Planning Unit (EPU) to compute bumiputera equity figures was obsolete and unreliable, as Amirsham admitted that the EPU methodology used the par value of the shares some 40 years ago in 1970 and the calculations excluded equity data from GLCs.

Independent professional studies have shown that the target of 30% bumiputra equity ownership had been fulfilled, for instance:

· the Asian Strategy and Leadership Institute (Asli) report by Prof. Dr. Lim Teck Ghee putting bumiputera equity ownership at about 45 per cent; and

· the University of Malaya research study entitled “Bumiputeras in the Corporate Sector – Three decades of performance 1970-2000”, by Dr. M. Fazilah Abdul Samad that the 30 percent bumiputera equity ownership as targeted under the government’s New Economic Policy had already been achieved about a decade ago when it hit 33.7 percent in 1997.

The NEP has become not only a source of national discord and disunity but an important factor causing inefficiency, waste and corruption as well as inhibiting Malaysia’s economic growth and development.

After the March 8 “political tsunami”, Malaysia must move into the new politics of “Beyond NEP” to create an united, just, competitive, progressive and prosperous Malaysia.

I fully agree with the article in the Star yesterday entitled “Remove equity target”, by P. Gunasegaram, giving three reasons why the BN Government should do away with the equity target for bumiputra ownership of companies under the NEP, viz:

1. The measurement itself is fatally flawed.

2. As it is structured now, it involves too low a proportion of bumiputra population and leads to the well-known Ali Baba syndrome where the bumiputra participation is in name only while non-bumiputras run virtually the whole show.

3. It puts far too much emphasis on an ephemeral, badly measured target at the expense of other, far more encompassing and important aims of the noble NEP, which include the eradication of poverty irrespective of race and the restructuring of society to eliminate the identification of race with economic function.

The message from the March 8 political tsunami is clear – the time has come for all Malaysians to rise above their differences to make a success of a Malaysian-centric nation-building programme and national economic policy which goes “Beyond NEP” to create a Bangsa Malaysia out of the diverses races and religions in the country.

(Speech 2 at the opening of the 2008 DAP Federal Territory State Convention at the Federal Hotel, Kuala Lumpur on Sunday, 2nd November 2008)

Misbehaving of UMNO Puteri

In Bukit Tinggi near Telok Gadong Umno puteri meeting at 11pm.
End up in fighting with 2 petrol cars. They fight among each other, 2 petrol cars came and stop. They were fighting in a restraunt and created chaotic situation. The road was congested for about an hour. It was at its peak at midnight. Some of the supporters was shouting and yelling.
The supporters of Khairy and Mukhriz got angry and argued and street fight begun outside and inside a restraunt.Chairs and tables scattered all around. Yet the news is unclear for further details.




From Jan to Sept, police chastised in 20 per cent of public complaints

About 1,200 complaints received by the Public Complaints Bureau (PCA) in the first nine months of the year, chastised the police.

The rebuke on the force was for general inaction when responding to public complaints.

The complaints made up about 20 per cent of the total 6,079 complaints lodged with the bureau between January and September, this year, said PCA deputy director-general (complaints division) Md Zin Musa today.

He said the complaints, among others, alleged that the police did not give appropriate responses to public complaints.

According to some of the complaints, the police even failed to perform enforcement duties, added Md Zin.

He noted that the public’s high expectation of the force was normal as some even expected the police to retrieve their stolen cars within a day.

“However, the public should understand that each police investigation takes time and the police could be facing staff shortage,” said Md Zin.

Speaking to reporters after the launch of the public complaints mobile counter here today, Md Zin said 42 per cent of the complaints involved late responses from 724 government agencies and local authorities.

Nevertheless, the deputy director-general viewed the complaints as ’favouring’ his bureau.

He said the increased number of complaints this year as compared with 5,000 complaints received for the same period last year, indicated the public believed the bureau could solve their problems.

“About 79 per cent of the complaints have been resolved so far, and we are optimistic in beating last year’s success rate of 89 per cent by the end of the year,” added Md Zin.

- BERNAMA

Our 'Noble' Police Force

By: victorchew46

A police is a person authorised to ensure that law and order is maintained, therefore a police force is the organization that is entrusted to ensure that people keep to the law. This is done, usually by being present in full uniform for all potential law breakers to see, or in disguise to nap potential law breakers. This is seldom the case in Malaysia.

When do you see policemen in large numbers? On parade during Independence Day Ceremonies! When there are a few people protesting in our streets for some causes! They are around in large numbers in uniform and in plain clothes when VIPs are around. O yes, when it comes to catching traffic offenders they are always around! However, when it comes to being around a crime-prone area like Chow Kit, they make a hasty retreat to find better locations for their police post! In other words, when you want them, they are not to be found!

The FRU members spend a lot of time polishing their shoes, helmets, batons, shields, teargas guns, tear masks, water cannons and what have you, most of the time unless some ‘violent’ fellows choose to gather for a candle vigil or to hand over a letter to a VIP. Then they show up in large numbers to protect us from these ‘violent’ fellows! Bravo! These people, like in Hong Kong and elsewhere, should be sent in squads to patrol ‘dangerous’ areas where criminals congregate to do their nasty business like robbing poor women, operating illegal gambling and bookkeeping dens, vice dens, etc. Their training in ‘brutality’ fits them to teach these unlawful people a touch lesson! Yet they are not found in such areas? Why? Are they kept in reserve for impending riots all the time? Are riots so frequent that they cannot be taken off base and must be ever ready all the time?

Any MP out there, please ask this questions on the people’s behalf so that we can understand our Police Force:

1. How many crime investigating officers we have?

2. How many traffic police do we have?

3. How many policemen go on foot patrol and where?

4. How many patrol cars we have and how many officers are in them at one time?

5. How many ‘office staff police officers we have’?

6. How many officers are the in our FRU?

7. How many Special Branch officers we have? (If not classified!)

8. How many PVR (volunteer police personnel) do we have?

9. How many go on active Religious Affairs raids?

10. How many police personnel are used for protecting, escorting VIPs?

11. How many police officers have died or been wounded in the line of duty arresting criminals?

12. How many police personnel had been charged fro bribery in the last 5 years?

13. What is the optimal number of police personnel needed actually in Malaysia?

Ask the Home Minister these questions. It is always interesting to hear him speak for he makes the greatest laughable statements all the time!

When we have so many road accidents, we faithfully carry out OPS SIKAP (latest count 18). Then police officers gloat about the few deaths and the increase summonses issued! When we have snatch thefts cases, robberies, rapes, kidnaps, blowing up of ATM machines, housebreaking, car and motorcycle thefts, white crimes, blackmails, illegal factories, vice dens, illegal gambling dens, cybercafés disguised gambling dens, etc. what major regular operations do we have? What about an OPS RAGUT ranging from 1 to a million?

Our police force is very selective in doing its work. Please do something to restore our confidence in you! We have read of members of the public acting when a snatch theft occurred, seldom of a police officer on duty doing so. We have read of citizens dying in trying to apprehend snatch thieves but is there a case of a police officer dying to catch one such thief?

The press is trying to give you all good publicity. You display weapons captured, arranged so neatly for the press photographers. You show stacks of money and drugs confiscated (some go missing in your custody, right?). Why all these man? If only you show your faces around when we most need you to prevent us simple folks from being robbed in our streets, in our so-called safe homes and in our cars, we will be most thankful.

- Citizen's Blog at The Star

Comment from Malaysia today
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written by cheekymate, November 01, 2008 17:17:11
Can I add one more question? How many police officer has NEVER taken a bribe?