LATEST: Razak Baginda acquitted

A happy and smiling Abdul Razak Baginda, accompanied by his wife (partly hidden), leaves the Shah Alam High Court soon after he was acquitted this morning on a charge of abetting in the murder of Mongolian Altantuya Shaariibuu. Two policemen charged with him were ordered to enter their defence for the murder. – Picture by Choo Choy May

Sodomy trial transfer: Court hears objections from Anwar

PKR leader Anwar Ibrahim is back in court for his sodomy trial today.

MCPX

Sessions judge SM Komathy Suppiah is hearing arguments from both sides on whether the trial should not be transferred to the High Court as requested by the prosecution.

In the last sitting on Oct 7, Komathy had dismissed a preliminary objection raised by the prosecution that she had no jurisdiction to hear the defence team's argument against the transfer.

The prosecution, led by Mohd Yusof Zainal Abiden, had argued that the judge "had no choice" but to transfer the case to the higher court.

Komathy however ruled that she had the jurisdiction and allowed the defence team to make their submissions. Anwar's lawyer Sulaiman Abdullah continued his submissions this morning and this was followed by Mohd Yusof.

The court is not expected to make a decision on the matter today.

Anwar's objection to the transfer is due to the transfer certificate being signed by attorney-general Abdul Gani Patail.

This objection was on the basis that the AG should not have played any role in this case as he was being investigated following a complaint that he had allegedly tampered with evidence in Anwar's trials 10 years ago.

The defence lawyers based their objection on a statement made by Prime Minister Abdullah Ahmad Badawi who assured that the AG would not be involved in the latest sodomy case.

Defence submits affidavit from Wan Azizah

This morning Sulaiman also tendered an affidavit by Anwar's wife Dr Wan Azizah Wan Ismail which stated that she was given an undertaking by Prime Minister Abdullah Ahmad Badawi that the sodomy trial would be conducted in a proper manner.

In her affidavit, Wan Azizah said the premier gave her this assurance in response to her worries on the possible involvement of Abdul Gani and police chief Musa Hassan in the case.

She said that as a result of that assurance, she had a legitimate expectation on Abdul Gani's non-involvement in the case. She said she was disappointed when Abdul Gani had signed the transfer order.

Anwar had claimed trial on Aug 7 when charged with sodomising his former aide, 23-year-old Mohd Saiful Bukhari Azlan.

If convicted, he could face a 20-year jail term. He is currently out on a RM20,000 personal bond.

Abdul Razak Baginda acquitted

(malaysiakini)The Shah Alam High Court today acquitted political analyst Abdul Razak Baginda of abetting the murder of Mongolian national Altantuya Shaariibuu.

MCPX

Justice Mohd Zaki Md Yasin ruled that the prosecution failed to prove a case against Abdul Razak.

"I find there is no prima facie case for him to answer his charge. He is therefore acquitted and discharged," said Mohd Zaki.

Abdul Razak, a close associate of Deputy Prime Minister Najib Razak had faced the death penalty by hanging if found guilty, of abetting the 2006 murder of his former lover Altantuya, whose body was blown up with explosives in a jungle clearing.

In one of the longest hearings in Malaysia's history, the court spent 151 days hearing testimony from 84 witnesses on whether Abdul Razak and two police officers accused of carrying out the murder should face trial.

The court however ordered chief inspector Azilah Hadri, 32 and corporal Sirul Azhar Umar, 37, from the elite Special Action Force (UTK) which guards the prime minister and deputy prime minister -, to enter their defence to the charge of murder.

Both have decided to testify under oath and they will be taking the stand on Nov 10.

The prosecution is also expected to file an appeal against Abdul Razak's acquittal.

Deputy public prosecutor Tun Majid Tun Hamzah said the decision could be contested.

"We will consider appealing the decision. The battle is not over yet," he said.

On hearing that he could walk free, Abdul Razak, 48, hugged his wife and daughter from the dock while his elderly parents sat crying in the court.

"I just want to go home," he said as he was escorted out through a huge media scrum at abouit 10.10am.

Altantuya's father distraught over decision

Altantuya's father Setev Shaariibuu, who has repeatedly criticised the handling of the case, was distraught over the decision.

"I am not satisfied. My daughter knows only one Malaysian and it is Razak Baginda. Now my daughter is dead and Baginda is freed... the country has lost credibility in the world," he told reporters.

Karpal Singh, a lawyer representing Altantuya's family, said that based on the evidence Abdul Razak should have been called to defend the accusations.

"They should not have acquitted him at this stage of the trial," he said.

Najib, who is expected to be appointed premier next March when Prime Minister Abdullah Ahmad Badawi stands down, has vehemently denied any involvement in the case.

Top blogger Raja Petra Kamaruddin has repeatedly linked Najib and his wife to the murder on his popular website Malaysia Today. He was jailed in September under tough security laws for insulting Islam.

Abdullah last month defended his deputy over new allegations that Najib interfered in the case, after Malaysia Today published an SMS text message exchange purportedly between the deputy premier and Abdul Razak's lawyer.

Altantuya was allegedly shot before her body was blown up with explosives two years ago.

Azilah and Sirul are jointly charged with murdering Altantuya, 28, at a location between Lot 12843 and Lot 16735 in Mukim Bukit Raja, Selangor between 10am on Oct 19, 2006 and 1am the following day.

Abdul Razak was charged with abetting them. He is a known confidante of Deputy Prime Minister Najib Abdul Razak, having worked on government arms procurement projects while the latter was defence minister.

Anwar wishes Abdul Razak well

Opposition Leader Anwar Ibrahim, during the lunch break in his sodomy trial case, said that he wished Abdul Razak well.

“At the personal and family level, I wish Razak well. He is now back with the family, but the issue here revolves around the court procedure and the investigation (into the murder).

“There is growing perception that the investigation was not done professionally. There is a clear motive to cover up (the murder), a lot of evidence was not adduce. The prosecution has failed to conduct the case professionally from the beginning, changes were (also) made to the court and the judge.

“Now that there is more allegations involving DPM Najib - the SMSes and (other) evidence the public has raised a number of times - this case clearly is bigger (than just Abdul Razak).”

Eurocopter scandal: No inspection done on choppers

Defence Deputy Minister Abu Seman Yusop received a beating from Pakatan Rakyat MPs today when he openly admitted that the multi-billion ringgit military helicopters did not undergo any physical inspection.

MCPX

Abu Seman, in his Budget 2009 winding-up speech, said the ministry’s technical committee had decided to buy 12 units of the Eurocopter Cougar EC 725 helicopters based on documents alone.

He also took pains to explain that the purchase of the helicopters had cost the government RM1.6 billion, instead of the RM1.1 billion figure given by the ministry’s secretary-general Abu Bakar Abdullah in a press statement last week.

His revelation sparked an uproar in the House and prompted several Pakatan Rakyat MPs, led by Opposition Leader Anwar Ibrahim, to grill him.

“How is it that a government procurement as big as this did not undergo any physical inspection? I have eight years of experience as finance minister and we have never make procurements without first inspecting (the items),” thundered Anwar.

M Manogaran (DAP-Teluk Intan) took a swipe at the deputy minister, saying that “even when you purchase something as small as a Perodua Kancil, you would want to inspect it first, what more when it is helicopters worth RM1.6 billion.”

Anwar said various aspects have to be taken into consideration like the safety of the pilots should there be any defects in the helicopters and it was absurd of the government not to make such deliberations when procuring the helicopters.

He demanded answers as to why conflicting figures have been cited on the cost of the helicopters.

Abu Seman then replied that it was a mistake on his part as he had overlooked the fact that the services charge and ‘offset package’ like supplementary military hardware had added RM500 million to the original RM1.1 billion to make it RM1.6 billion.

Set up Royal Commission

At a press conference later, Anwar said he could not accept the reasons given by Abu Seman although he believes that the deputy minister was only “reading the text provided to him by his superior” and was not involved in the matter.

“This is a shocking revelation by the deputy minister. A procurement this big without a physical inspection being done is swindling the people’s money par excellence.

“How can you allocate RM1.6 billion for something that you have never even seen or (when you don’t) know if it works or not.”

He said he could “vouch on behalf of the Malaysian army that they would definitely want to inspect the helicopters before purchasing it.”

Asked what he thought of all this, Anwar reiterated his demand for the government to set up a royal commission to probe the matter.

Earlier today, a decision on Anwar’s emergency motion to set up a royal commission to probe not just into the Eurocopter scandal but two other ‘mega-projects’ was deferred to Monday by the speaker.

A RM11.31 billion high-speed broadband project and the RM4.26 billion purchase of the Bank Internasional Indonesia by Maybank were the other projects Anwar had wanted to government to probe.

Raja Nazrin: Governments must not discriminate

KUALA LUMPUR, Oct 30 - The Raja Muda of Perak Raja Nazrin Shah said today that governments should not set down discriminatory laws or policies but must ensure inclusive development through empowerment.

"No segment of society must be disrespected, discredited and disenfranchised," he said in his address at the 21st LawAsia Conference here.
He said that no single group in any country should feel their contributions are unrecognized or unwanted.

While the Perak Raja Muda did not specify what laws or which countries he was referring to, his remarks comes amid a roiling debate over the country's "social contract" and the government's pro-Bumiputera affirmative action policies.

His advice also comes on the heels of the recent statement by the Rulers Council calling on all parties to stop questioning the social contract between Malays and non-Malays as it would cause unease.

In his speech today, Raja Nazrin called for the abandonment of what he called "the silo mentality where we only look up at what is happening and not beside us at what others are experiencing."
He made a case instead for policies which empower through inclusiveness.

"Only with inclusive development through empowerment can societies become strong," he said.
The lack of empowerment, he said, would lead to a sense of alienation and hostility that could result in "rash acts of violence."
"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."

Among the prerequisites cited by Raja Nazrin for empowerment was for governments to strengthen the rule of law and to ensure greater political participation for citizens as stakeholders.

"It is only when citizens are also stakeholders will there be the widest sense of ownership of problems and challenges," he said.

Najib: No time frame on dismantling NEP

By Debra Chong(themalaysianinsider)

KUALA LUMPUR, Oct 30 - Deputy Prime Minister Datuk Seri Najib Razak appeared today to welcome debate on the proposed gradual dismantling of NEP-type policies but he would not set a time frame for the process.

Speaking to reporters in Parliament today, he, however, sidestepped a question on whether he thought his proposal would cost him support among the Malay grassroots.

Instead, he once again emphasized any move to dismantle elements of the affirmative action policies would be a gradual process.

Najib said it would happen at a time "when the Malays are comfortable enough to talk about it," and "as and when it is required."

The DPM had said in a recent interview on Bloomberg television that he was ready to gradually end elements of the affirmative action programme "in the not-too-distant future."

In the interview, he had pointed out that "if we do not change, the people will change us".

His remarks have sparked off a widespread debate with former PM Tun Dr Mahathir Mohamad weighing in recently to say that the time was not the right time yet to end the Bumiputera policy, especially the target of 30 per cent equity in public listed companies.

But in recent days, leaders from Umno's coalition partner MCA have started applying pressure on the government by calling for a review of the 30% ruling, sparking unhappiness from some quarters in Umno.

Najib said today that he did not want to give a time frame for his proposal to be implemented, but he indicated that he welcomed debate on the issue.

"We should engage on this issue to ensure what is good for all communities," he said.

Long time Muslim yoga instructor expresses shock over UKM lecturer's statement

New Straits Times GEORGE TOWN, PENANG: A long-time yoga instructor has expressed shock and dismay over statement by a Universiti Kebangsaan Malaysia (UKM) lecturer who said that practising yoga could cause Muslims to deviate from the teachings of Islam. Datin Suleiha Merican, 56, who has been practising yoga for 40 years, said the meditation technique is a science of health and had nothing to do with religion. "When we are strong in our faith, why would we want to deviate? The professor's statement is totally uncalled for," she said. Suleiha was commenting on Prof Zakaria Stapa's statement that yoga could be traced back to Hinduism and that practising it could cause Muslims to deviate from the teachings of Islam. Zakaria, who is from the Faculty of Islamic Studies, also urged Muslims who are practising yoga to stop it and return to the teachings of Islam. Suleiha said she still diligently performed prayers every day despite practising yoga. "There is no conflict at all as yoga is not religion-based. There is no problem. I would definitely encourage Muslims to practise yoga," she said. Suleiha said yoga was the answer to health problems, such as headaches and back pain. She noted that hospitals in the United Kingdom and United States offerred yoga as an alternative therapy. "Every part of the world I have gone to there are Muslims who practice yoga practitioners, for instance in Iran," she said. Suleiha, who runs the Maya Yoga Studio in Damansara Perdana, said yoga ran in the family as her father and her grandfather were also yoga instructors. It was reported that the national fatwa council is also expected to announce its stand on Muslims practising yoga soon. The Department of Islamic Development Malaysia (JAKIM) deputy director-general of operations, Othman Mustapha, was quoted as saying that an announcement on the decision would be made by the council soon.

Eurocopter deal - shameful episode in Parliament

Deputy Defence Minister Datuk Wira Abu Seman Yusof was literally grilled in Parliament for over two hours over the billion-ringgit 12 Cougar EC725 Europter helicopters deal as he was totally at sea and unable to answer the most elementary of questions, such as

(i) Why three sets of different figures for the 12 Cougar helicopter deal - RM1.1 billion given by Defence Ministry Secretary-General Datuk Abu Bakar Abdullah; RM1.67 billion given by the Prime Minister-cum-Defence Minister; and RM1.604 billion stated by Abu Seman Yusof in Parliament today;

(ii) Why no physical evaluation or test flights for the short-listed helicopters; or as I said in Parlaiment, getting Malaysia into the Guinness Book of Records as probably the only government in the world to order sophisticated and expensive aircrafts without any test flight although such physical evaluation for the short-listed tenderers was one of the conditions specified in the tender docunment.

Abu Seman was dumbstruck when asked both questions and was unable to give any sensible reply. It was a most shameful episode in Parliament.

It has to be left to the Prime Minister and Deputy Prime Minister to try to immediately repair the damage created by the deputy Defence Minister by answering these two questions outside Parliament, as in the following report:

The Malaysian Insider
Thursday October 30 2008
PM admits price mistake, Najib says RMAF pilots tested Eurocopters at Lima

By Debra Chong

KUALA LUMPUR, Oct 30 - Prime Minister Datuk Seri Abdullah Badawi admitted he had made an error when he spoke of the package price of the much-disputed Eurocopter helicopter deal and which had caused an uproar among Opposition lawmakers in Parliament.

Abdullah who is also the Defence Minister said he was informed by officials in the Defence Ministry this morning on his slip.

The correct figure is RM1.604 billion, but he had thought it was RM1.67 billion and had rounded it up to RM1.7 billion.

“I apologise for my mistake,” he said.

Asked to respond to the opposition’s calls for him to explain the price discrepancy inside the Dewan Rakyat, Abdullah said it was unnecessary as he had already announced that the deal would be deferred to a later date.

He pointed out that the price would be renegotiated again as and when the government finally decides to purchase the helicopters.

“This is academic,” he said.

Speaking at the same press conference, Deputy Prime Minister Datuk Seri Najib Razak also denied claims that no physical evaluation was conducted on Eurocopter aircraft.

Najib who until last month held the Minister of Defence portfolio emphasised that the Eurocopter EC725 Cougar was not a new or ‘experimental’ aircraft. He noted that many countries had tested it out, including in combat in Afghanistan.

He said that Royal Malaysian Air Force pilots had tested it in local flight at the Langkawi International Marine Aerospace (Lima) show previously.

Asked to comment on calls by the Opposition for an independent expert panel to evaluate the procurement process, Najib said: “They are making too much a big deal out of it.”

Anwar court case to be mentioned 31.10.2008

The charge against Anwar Ibrahim will be mentioned at Kuala Lumpur Sessions Court, Jalan Duta 31st October at 9:30am

Sessions Court judge SM Komathy Suppiah will deliver her decision tomorrow on whether the matter can be moved up to the High Court as applied by the prosecution.

Komathy had allowed Anwar to be released on a personal bond set at RM20,000 without surety after his defence lawyers pleaded for him to be released on personal bond under Section 388 (ii) of the Criminal Procedure Code while the prosecution argued for bail to be set at RM20,000 on 7th August this year.

Earlier this month, Komathy dismissed a preliminary objection raised by the prosecution that she had no choice but to transfer the case to a higher court. Komathy then ruled to hear the merits of an objection raised by Anwar’s legal team against the transfer notice.

Office of Anwar Ibrahim

Article 121 (1A) (Must See this Clips)

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7

Part 3/Ch 1/3 :: Article 121 (1A)

Mahathir is back with a vengeance

KUALA LUMPUR, Oct 30 — With a hit count reaching almost nine million in just one year, it would not be wrong to describe former premier Tun Dr Mahathir Mohamad as Malaysia's most successful blogger.

His blog, chedet.com, routinely attracts hundreds of comments, and is frequently quoted by the mainstream media. Ironically, he started the blog only because he was blacked out in the media for his harsh criticism of Prime Minister Datuk Seri Abdullah Ahmad Badawi.

Five years to the day since his retirement in 2003, Dr Mahathir's influence seems to be growing steadily as Malaysia readies for a new prime minister by the end of March next year.

His every move is dissected for its significance. When he showed up at International Trade Minister Tan Sri Muhyiddin Yassin's Hari Raya open house last week, it stirred much excitement as it was perceived as an endorsement of the minister. This can count for a lot in the upcoming election in Umno, whose members still love him.

Is Dr Mahathir making a political comeback? Not exactly. But there is a strong belief that his influence is on the rise.

Observers suggest that he could have a big say in the next administration after he played a key role in securing the early retirement of Abdullah, who was blamed for the poor showing of the Barisan Nasional in the March polls.

Many believe that Dr Mahathir's skilful manoeuvres behind the scenes were instrumental in getting Deputy Premier Datuk Seri Najib Razak to persuade Abdullah to retire earlier than his original plan of June 2010. The whiff of resurgent power has sent Umno leaders and the media flocking to Dr Mahathir again, and he is back in the limelight after five years of being out in the cold.

“His views are being reported more widely, precisely because many people think that he will make a comeback,” said political analyst Ong Kian Ming.

Professor Agus Yusoff, from Universiti Kebangsaan Malaysia, agreed that this was one perception, but felt that the bigger reason was the weakness of the current leadership.

“His views are being heard now because people are looking for better leadership. They see Dr Mahathir as experienced, and his views relevant,” he said.

Things have come full circle for Dr Mahathir, 82. His star dimmed soon after his retirement when Abdullah won a massive mandate in 2004. But the former premier soon sprang back into limelight after he began to give voice to public misgivings about Abdullah's weak administration.

His attacks gripped Malaysians for months in 2005, but they soon wore thin — until the March election that saw the BN suffer heavy losses. His campaign to topple his successor gained unstoppable momentum, returning him to a position of influence. Dr Mahathir's recent blog entry criticising the reach of vote-buying, or “money politics”, in Umno was debated widely in Umno circles.

His most recent acerbic comments on Najib's alleged young advisers sparked even more talk.

In a blog entry on Tuesday, he warned Najib not to repeat the mistake of cloistering himself with young advisers as Abdullah had, to the anger of Umno.

Dr Mahathir named consultancy firm Ethos as the Deputy Premier's adviser, and claimed that it also had links to Abdullah's young advisers.

“They (Ethos) are interested in getting a portion of the EPF worth RM300 billion to manage its investments, apparently with returns of up to 40 per cent,” he wrote, referring to the Employees Provident Fund.

The management of Ethos was quoted in The Edge business weekly recently about their interest in managing part of EPF investments. Najib has not responded.

Political observers believe that he will not marginalise the former premier, especially after seeing how Dr Mahathir's constant sniping damaged Abdullah's reputation.

“Najib will certainly prefer to have Dr Mahathir inside as an adviser rather than outside lobbing criticism at him,” said Ong.

This has led some people to predict a return of Mahathirism, suggesting a stronger hand on government than Abdullah's looser style. But Najib's supporters have denied this perception.

“Najib is not a puppet, he will have his own way and will want to make his own mark,” said Agus.

Meanwhile, Dr Mahathir's every move and word will continue to be watched, and his blog can expect to hit the 10 million mark very soon. — The Straits Times

Munawar’s sodomy conviction stays

The Malaysian Insider
by Debra Chong

PUTRAJAYA, Oct 30 — The Federal Court here today dismissed Dr Munawar Anees's application for an appeal against his 10-year-old sodomy conviction.

"We have decided that the application should be dismissed. We will give our grounds later," said Chief Justice Tan Sri Zaki Azmi, who led the three-member panel of judges.

Pakistan-born Munawar is a former speechwriter to opposition leader Datuk Seri Anwar Ibrahim when the latter was Deputy Prime Minister over a decade ago.

In mid September 1998, Munawar was arrested under the Internal Security Act and later charged in the Kuala Lumpur Sessions Court with sodomy alongside Anwar and Anwar's Indonesian adopted brother Sukma Darmawan.

Munawar pleaded guilty, as did Sukma. He was sentenced to six months’ jail, which he served.

Subsequently, he filed an appeal against his conviction on the grounds that his plea of guilty then was obtained through force while detained under the ISA.

His application was thrown out by the KL High Court in September 2003. Meanwhile, Anwar and Sukma were both cleared of the sodomy convictions.

Munawar took up the matter to the Court of Appeal. The matter was dismissed there as well in October last year though no grounds were given then.

The Federal Court was the last legal avenue available for Munawar's application.

The US-based project management consultant, now 60, had been waiting in court since 8.30am for the decision. He appeared dumbfounded by the decision. He rose up and left the courtroom swiftly.

Speaking to reporters on the grand staircase leading to the lobby of the Palace of Justice, he said: "This is a total disappointment. A total denial of justice. The system is playing with the lives of people.

"Where is the justice for me and my family?"

His voice continued to rise as his frustration became more apparent.

"I will not stop. The system has tried to fail me but it will not fail me. If I don't get justice in this country, my children and my grandchildren will stand up for the justice denied to me," Munawar pledged.

Lawyer Mabel Sebastian, who was standing in for Munawar's counsel Manjeet Singh Dhillon to receive the judgment today, said the next step was up to the latter.

Manjeet is away on business abroad and will only return next week.

Syed Hamid Albar vs. Hindraf on Indian marginalization

by H Lee

So Home Minister Syed Hamid Albar – in a decision, as he puts it, of self-sacrifice for the sake of protecting society – has banned Hindraf.

Similar home ministerial valour must have been present when he chose to detain Raja Petra, Teresa Kok, Tan Hoon Cheng and hundreds of others under the ISA.

Many Malaysians have expressed their outrage at the latest cruel and callous act of repression against a civil group which has highlighted the continuing plight of marginalised Malaysian Indians.

I would like to examine an aspect: the assertion that Malaysian Indians are not marginalised and are actually doing better than Bumiputera Malaysians, and thus, they have no grounds to feel
aggrieved, let alone angry. This is a cynical and specious claim.

We should first take note of the often ignored fact that the Malaysian Indian community is diverse, stratified and complex. Like any other.

Some are rich, some are part of the middle class, some are poor; some are posited in the mainstream, some are at the margins – and some are beyond the margins, trapped in urban squalor. The imperative question is whether the concerns of the Indian poor are being addressed by our
government’s attitudes and policies.

But the ruling regime would rather treat groups as monolithic blobs, then go about brandishing statistics to preempt debate - and stamp the lowly back into their place.

And so, in dismissing Hindraf’s cause, Syed Hamid invoked the reality of high proportions of Indians among registered legal professionals (21.4 percent) and among doctors (18.4 percent), and the ratio of Indian to Bumiputera household incomes, of… 1.20. That’s right, according to 2007 household income survey data, Indian households on average have 20 percent more income than Bumiputera households.

Is there something wrong with these figures? Why has the message of Hindraf resonated when official data paint opposing images of social mobility and nice averages?

There is no need to question the numbers, but every need to handle them responsibly, within context and in recognition of their limited scope. These bits of information provide no basis to conclude that all of the community is doing well and should therefore shut up and get on with their happy lives.

In fact, we do have evidence that Malaysians Indians are struggling as much as others to earn a decent living.

Averaging numbers

Of course there are many Indian lawyers and doctors – who’s not cognisant of that? But there are far more Indian labourers, factory workers, and others at the low reaches of the labour market.

It is highly probable that the household income of the Indian community is propped up by the high earnings of professionals and managers.

Meagre family incomes of displaced agricultural workers and urban elementary workers get shrouded in the process of averaging the incomes of all Indian families.

Consider some changes that have taken place in the past decade or so.

In 1995, 17.7 percent of employed Indians worked as agricultural labor, while 8.7 percent were in professional and technical occupations.

By 2005, only 4.9 percent of employed Indians were agricultural workers, but 20.1 percent worked as professionals and technicians.

Albeit rather cursorily, we gain some impression here of developments at two ends of the socio-economic hierarchy: the continuous urbanisation of a low-skilled former plantation workforce; a steadily growing presence in highly qualified jobs providing middle class living standards.

In what sort of jobs are most Indians working? Within communities, Indians registered the highest proportion of persons classified as production workers.

In 2005, 45.8 percent of employed Indians fell in this category, compared to 33.8 percent Chinese and 34.1 percent Bumiputera.

Due to the unfree state of information in this land, the most we can do with officially disclosed statistics is make deductions and inferences such as these.

We are still left with a knowledge gap.

However, a study by Branko Milanovic, a World Bank researcher and renowned scholar of global inequality, helps fill the void¹.

He analysed Malaysia’s household income data of 1997. This is from the national survey that the Statistics Department conducts twice in five years, from which all the inequality measurements we know are calculated.

One difference with the official accounts is that Milanovic focussed on individual earnings (wages, salaries and bonuses) instead of household income (the sum of household members’ earnings, property income and remittances). His findings are therefore more reflective of the earnings capacity of Malaysians in the labour market.

The housewife factor

The study analyses inequality more generally, but in the process finds something very striking: in 1997, the ratio of Indian to Bumiputera individual earnings was 0.98.

The official figure for Indian: Bumiputera household income was 1.41. In other words, the average earnings of individual Indians was basically the same as the average earnings of individual Bumiputera, even though average household incomes were quite unequal.

How might this be possible?

In terms of the gap between individual earnings inequality and household income inequality, we could postulate that combined earnings of Indians, especially in households with both spouses in professional jobs, raised their income to levels significantly higher than Bumiputera households.

This is a guess, and that’s as far as we can go with available data.

What’s not a guess is this objective report that average individual earnings of Indians and Bumiputeras were equal in 1997.

In 2007, with an Indian-to-Bumiputera household income ratio of 1.20, what might the inter-group earnings ratio look like? We don’t know, but it is more than likely that the ratio is less than 1.20.

It is possible that earnings are on average close to equal, or that Indian earnings are less than Bumiputera earnings.

Consider recent data on the distribution of employed persons by occupation.

In 2005, with 45.8 percent of the total employed Indians engaged as production workers and 4.9 percent as agricultural workers, it is plausible that average individual earnings are on par with the average among employed Bumiputera, of whom 34.1 percent are production workers and 15.2 percent are agricultural workers.

These two low-paying occupational groups account for about 50 percent of employed persons of both race groups.

Again, we won’t have a clear picture unless we have access to data and can engage in constructive discussion.

Hindraf has grounds

We have a clear enough picture, however, to affirm the plight of marginalised Indian households, whose tough circumstances in labour markets and poor living conditions are a shameful reality that cannot be garbed in middle-class statistics.

Hindraf has grounds for grievance – yes, even in the official data, if only we would take a more balanced and critical look.

And we could better understand this whole inequality thing, and devise fairer and more effective policies, if the ruling regime would release more information to our - um - knowledge society.

Resistance towards extending the same policies to members of the Indian community as currently provided to Bumiputera is partly predicated on official household income statistics.

But they give us an oversimplified and selective glimpse to a complex of problems.

It is high time to reevaluate the way we assess income and earnings and to aim assistance at the people who need or merit it most.

¹ Branko Milanovic (2006) “Inequality and Determinants of Earnings in Malaysia, 1984-97″, in the Asian Economic Journal, 20(2).

Article 153 and the “Social Contract”

NO HOLDS BARRED

Raja Petra Kamarudin

My sedition trial will resume on 10^th November 2008 after a three week postponement. Thus far six prosecution witnesses have testified and it appears like the prosecution has 10-13 more witnesses lined up.

Basically, the government is of the view that my article, “Let’s send the Altantuya murderers to hell”, is seditious. And to ensure that I am duly punished, other than facing trial, I am also under Internal Security Act detention. This means, even if the court acquits me, I shall still not be free. It is like taking double insurance. Either way you are covered.

I suppose sedition is the natural thing to charge me with. Moses was charged with sedition that he had to flee Egypt. Jesus was charged with sedition and the Christians believe he was executed because of that. Muhammad too was charged with sedition and the Muslims believe that God commanded him to flee Mecca lest he get murdered that same evening.

I am not trying to compare myself to the three main prophets of the Abrahamic religions. What I am trying to say is that if even the three most important prophets of the Jews, Christians and Muslim are not spared the allegation of sedition, then who am I to escape?

On 7^th November, the court will decide if my ISA detention is legal. I could say that my freedom is now in the hands of the judge and may he rule wisely. And of course, to me, “wisely” would mean to free me – whereas that may not quite be the government’s view of “wise”.

Something significant of late was the Rulers’ statement on Article 153 and the “Social Contract”. We could say that this was historic as the Rulers have never thus far made such statements. Could this be said as something timely or something the Rulers should not have done? I really don’t know.

The Pakatan Rakyat Kedah state government’s ruling of imposing a 50% Bumiputra quota on houses in the state does not help either. Why 50%? Why even 30%? Should in the first place there even be a quota?

If you have not done so this you should read Zaid Ibrahim’s book “In Good Faith”, Zaid has addressed this matter of Article 153 and the “Social Contract” with great clarity.

What the Kedah state government has done is unconstitutional. Article 8 and Article 153 of the Constitution do not allow this. You just can’t dictate how people run their businesses.

Those who support the imposition of quotas argue that there exists a “Social Contract” that allows them to do so. But while they mention this “Social Contract”, they fail to mention the terms of this “contract”, what it says, and who is bound by it.

In short, if I am not a party to that contract can I be bound by it? The contract was entered into by the Malays and the then immigrant Indians and Chinese; of course it is not really a written contract as much as a verbal contract and we all know that a verbal contract is not worth the paper it is written on.

Nevertheless, should Malaysian-born Indians and Chinese who have never even visited India and China be made to abide to a verbal “contract” made by their immigrant parents and/or grandparents? How long will this “contract” run? Will Indians and Chinese 1000 years from now still be made to abide to a “contract” made in 1957?

There should be a cut-off date. There must come a point of time when all Malaysians are regarded as equal. How can an Indonesian who migrated to this country a few years ago be regarded as Bumiputra when Chinese and Indians who come to this country in the 1400s are still second class citizens?

Yes, Article 153 accords Malays certain rights and privileges. But that same Article, and Article 8, do not allow imposing of quotas and permits which deny Indians and Chinese their rights in favour of the Malays. This, many people do not seem to understand.

We also seem to have forgotten that the New Economic Policy is a two-pronged attack. Other than reducing the gap between the different races it is also about reducing the gap between the rich and the poor. And this would mean regardless of race.

When we talk about the Malay farmers and fisherman. We do not seem to realize that there are Chinese farmers and fishermen as well. Poverty does not recognize race.

It is time that the “Social Contract” be reviewed. A new “Social Contract” must be drawn up that looks into the SOCIAL structure and not RACIAL structure that the present “Social Contract” addresses. Only then can it be called a “Social Contract”. If not, then let us call it what it really is, a “Racial Contract”.

The poverty level also needs to be reviewed. The new “hardcore” poverty level should be RM1200. Anyone earning below RM1200 per month should be considered poor. That would mean a high percentage of Malaysians. Then the NEW “Social Contract” should address the needs of those who live below the NEW poverty level of RM1200.

And the NEW “Social Contract” should no longer be a verbal contract but chiseled in stone. And it should be a contract to take care of Malays, Indians, Chinese, Portuguese, Ibans, Dayaks, etc. As long as you are poor, meaning earning below RM1200 then you are taken care of. That should be Malaysia’s NEW SOCIAL CONTRACT.

Before I sign off, I would like to apologise for the quality of my articles. It is not so convenient to type from where I currently live so I need to just get my points across without much focus on the presentation. I hope this will not be for long and that I may soon be back with you. Anyway I was told that Malaysia Today is under control and in good hands. Till we speak again.

Verdict On Friday For Altantuya's Murder Trial

Zalina Maizan Ngah, Bernama

The Shah Alam High Court will be at the centre of attention this Friday when judge Datuk Mohd Zaki Md Yasin delivers the verdict on the sensational murder trial of a Mongolian woman, Altantuya Shaariibuu.

Mohd Zaki's verdict will not only decide the fate of the three accused - Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar (both members of the Special Action Unit, UTK) and a renowned political analyst and strategist Abdul Razak Abdullah Baginda - but will also end wild speculations and rumours relating to the case.

This high-profile case has generated a big following especially when there were rumours of a public figure linked to the murder, revelations of intimate involvement of one of the accused with the victim and some shady business dealings.

The trial on the gruesome murder of Altantuya who body was blown up using explosives to cover up the crime went on for almost two years with the prosecution winding up their case on June 23.

If the court's decides a prima facie against the trio, they will have to make their defence or if otherwise they will be discharged and freed.

KEEPING UP THEIR HOPES

When inquired by Bernama on the sidelines of the court proceedings what they would do if they were freed, Azilah, 32, who has an adopted child stated that "there are too many things to do, but above all I want to cuddle my child and hold a thanksgiving feast".

Sirul Azhar, 36, when asked the same only offered a smile, typical of this former aide de camp for VIPs who is known to be discreet. On the dock he sits quietly and once in a while he turns toward the members of the media sitting behind him to ask for sweets and pickled fruits.

Meanwhile Abdul Razak, 48, the Executive Director for Malaysian Strategic Research Centre wants to take a break overseas with his only daughter Rowena when everything is over.

Throughout the trial, Abdul Razak was accompanied by his wife Mazlinda Makhzan, his parents and close family members. However, at the initial stages, Mazlinda's presence made Altantuya's father, Shaariibuu Setev frown as he claimed she had verbally abused him and court officers went all out to keep them apart.

Even when Mazlinda was asked on the fate of her husband, she replied: "I will leave it to Allah. Razak is innocent."

Yet the drama did not end there. The 151 day proceeding witnessed many bizarre and hilarious incidents. Apart from this there was also a change in the presiding judge and the clash between two counsels on who should be representing one of the accused.

BIZARRE INCIDENTS

Abdul Razak caught the attention of the media with some of his antics in the courtroom. He had been noted to throw tantrums and even went to the extent of kicking the dock and cursing others. He kept pushing his counsel Wong Kian Kheong to speed up the trial without any deferment and this certainly incensed Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah who ticked of Wong by saying that Abdul Razak is not the only person in prison.

The media hype had certainly attracted the wrong type of crowd into the courtroom as well. It was obvious some wanted to take advantage of the media coverage to be on the limelight, but for the wrong reasons.

Readers would probably recall the presence of a woman dressed like a counsel claiming that she was a representative of peace organisation and had the authority of the police and the Attorney-General's Department.

She wanted the media attention and would closely follow the cameras and even refused to take a back seat. When there were no seats available she would insist the court officials to make special seating arrangements for her. Her presence was unwelcome and she even dared to intercept the judge.

When her behaviour became intolerable, not only because of her constant nagging but also her handphone that rang often, a police report was made and she eventually disappeared.

During the initial stages of the hearing there appeared another woman who claimed that she was a representative of a women's right organisation carrying a placard condemning Abdul Razak for the brutal slaying of Altantuya.

The one-woman demonstration did not go down well with the police as it was seen as disturbing the public order and the police gave her a warning and told her to leave the court compound.

However, the woman in her late 40s remained unfazed and instead shouted back at the unarmed policemen, "I have the rights, you police can stop me using your firearms, let the public be the witness".

151 DAY TRIAL

Azilah and Sirul Azhar who covered their faces using the 'ninja' mask set a new trend for accused in other cases and when inquired by Bernama why they did so Azilah had this to say: "Life is long way to go, there are some things best kept secret."

Another drama that unfolded at the 151 day trial was that a policeman stationed at the courtroom Lans Corporal Othman Abdul Rahman, 47, collapsed when accompanying the three accused to the courtroom and was later confirmed dead due to heart failure.

Azilah and Sirul Azhar were alleged to have murdered Altantuya between Lot 12843 and Lot 16735 Mukim Bukit Raja, Shah Alam, between 10 pm 19 Oct and 1 am 20 Oct 2006. The duo was well versed in the use of explosives and was said to have taken the plastic explosives, detonator cord and CLC (cutting liner charge) from the UTK storeroom.

Abdul Razak who is alleged to have abetted with the two UTK members, is said to have committed the crime on Oct 18 2006 at his office at 10th Floor, Bangunan Lembaga Getah Asli Malaysia (LGAM), Jalan Ampang in Kuala Lumpur and the motive of the murder is due to demands and threats from Altantuya.

Based on the evidence adduced from the prosecution witness Deputy Superintendent Muhammad Koey Abdullah, the explosives were probably placed in the victim's mouth or the upper torso and the impact reduced her bones to fragments. On the puzzle why no traces of the victim's clothing were found, Dr Mohd Shah Mahmood, the Head of the Forensic Medical Department at the Kuala Lumpur Hospital (HKL), explained the victim was probably stripped of her clothing before being blown up.

JUDGE TO PORE OVER 6,000 PAGES OF PROCEEDING NOTES

However, lawyer J. Kuldeep Kumar and Datuk Hazman Ahmad who represented Azilah were persistent that their client was no way involved in the murder and the Azilah was not the one who led the police to the crime scene.

Sirul Azhar's counsel Kamarul Hisham Kamaruddin, Hasnal Redzua Marican and Ahmad Zaidi Zainal pleaded their client's innocence and stated that he was victimised just because Altantuya's jewellery were found his home. On Atlantuya's blood stained sneakers found on Sirul Azhar's four wheel drive, they claimed anyone could have left it there as the vehicle could be accessed by others as well.

Wong who represented Abdul Razak held that his client had nothing to do with Altantuya's murder and throughout the trial there was no proof that the murder was carried out under Abdul Razak's behest. He also questioned the failure of the prosecution to call several senior police officers during the trial.

Nevertheless, Mohd Zaki will make his decision based on the evidence provided by the 84 witnesses that has been compiled into 6,000 pages of proceeding notes.

Prior to delivering the decision on the main charge, Mohd Zaki is expected to decide on the prosecution's application to challenge the credibility of Lans Corporal Rohaniza Roslan (Azilah's girlfriend), the decision on trial within trial on Altantuya's jewellery found at Sirul Azhar's home and on the statement by police that Azilah is the one who led them to the crime scene.

Nonetheless, all the allegations and speculations will be put to rest on Friday when Mohd Zaki delivers his verdict.

Tunku Aziz: PKNS staff shouldn’t interfere

Staff at the Selangor State Development Corporation (PKNS) should respect the menteri besar’s prerogative in appointing a non-Malay to head the state agency, said DAP vice-chairperson Tunku Abdul Aziz Ibrahim.

“I hope the menteri besar’s decision is respected by all and the PKNS staff will focus on doing their work professionally instead of questioning the prerogative of the state government to appoint the most suitable person for the post,” he said in a statement today.

Tunku Abdul Aziz was commenting on protests by six staff bodies against the appointment of the corporation’s deputy corporate affairs and accounting manager Low Siew Moi as acting general manager.

The decision by Selangor Menteri Besar Khalid Ibrahim to appoint Low was met with objection from the corporation’s own staff who submitted a protest memorandum to him.

At the same time Selangor PAS wanted to suggest its own candidate besides helping the state government find a suitable candidate.

Tunku Abdul Aziz expressed “great concerns” over the opposition shown by the staff bodies and opposition coalition partner PAS against Low’s appointment on the grounds that the post should be filled up by a bumiputera.

Tunku Abdul Aziz said that the opposition based on someone’s ethnic background augured badly for ethnic relations and national unity.

“The interference by the senior staff of PKNS runs counter to established management practices and may well be the result of the race-based policies and indoctrination that the nation had been subjected to for the better part of 50 years or so,” he said.

‘Blind prejudice’

Tunku Abdul Aziz urged Malaysians to put aside “blind prejudices” and recognise that progress required the recognition for efforts and contributions of all citizens regardles of ethnicity or gender.

On the contrary, he said that a culture had developed where merit was overlooked while “less than relevant considerations” such as ethnicity and religion were prioritised.

“It is indeed sad that while we have progressed in economic and material terms, our nation is still bound to old ways of thinking and acting that have no place in a modern democratic society,” he said.

The Selangor government, in particular Khalid, has come under fire from various groups and media over Low’s appointment.

Filling the gap

In a statement yesterday, Khalid defended Low’s appointment, adding that she was the most suitable candidate to fill the post for the time being.

Khalid said Low’s appointment should not be an issue because it was only temporary as she was needed to stand in to replace the void left by the current PKNS general manager Harun Salim would be retiring at the end of the month.

Low, who is due to retire this year, was given an extention to undertake the new post.

Khalid had explained that if both Low and Harun retired at about the same time, it could affect to smooth running of PKNS.

Thus the state had asked Low to defer her retirement by a year until a suitable bumiputera successor was found, he had said.

Low was also quoted in the media as saying that a bumiputera candidate should be appointed to continue steering the government agency.

Salleh Abas rests his case

"In none of these correspondences has the Bar Council ever provided any explanation other than that I have not met with the requirement of the Rule 60 (1) ... only now members of the Bar Council have finally come out to give a clearer picture ..." - Tun Salleh Abas

Please click on the press satement to enlarge.

Ambiga pleads for ISA repeal

By Adib Zalkapli

KUALA LUMPUR, Oct 29 – Bar Council president Datuk Ambiga Sreenevasan made an impassioned plea today to Prime Minister Datuk Seri Abdullah Badawi to abolish the Internal Security Act before he leaves office next year.

"Prime Minister, while it may still be in your means to do so, and as a historic legacy to this nation that both you and I love, I ask you, on behalf of all right thinking Malaysians and on behalf of the legal fraternity of Malaysia, to move to abolish the ISA," Ambiga said in her speech at the opening of the 21st Lawasia Conference here.

She said the enforcement of the ISA had diverted from the original intention for which it was enacted.

"One can see how far we have strayed from the original intent of the ISA when a blogger, a politician, a journalist and a civil society organiser can, independently of each other, be seen as threats to national security," said Ambiga referring to recent ISA arrests.

In September, blogger Raja Petra Kamaruddin, lawmaker Teresa Kok and Sin Chew Daily journalist Tan Hoon Cheng,were arrested under the ISA. Tan was released less than 24 hours later and Kok was released after one week. Raja Petra is currently is serving a two-year detention order.

Abdullah, however, was non committal when responding to Ambiga's appeal, but hinted that the law will not be abolished.

"I am happy to hear that she raised this issue without fear or favour. As the Home Minister, I have discharged my responsibility without fear or favour," said Abdullah in his keynote address.

Late last year, Abdullah as the Home Minister ordered the detention of five Hindraf leaders after they led a street protest in Kuala Lumpur demanding the government stop discriminating against the Indian community.

On his pledge to reform the judiciary, Abdullah said the plan to form the Judicial Appointment Commission is on track.

"Work on the relevant legislation is progressing well and the government aims to table the relevant legislation to establish the commission by the end of the year," he added.

Fatwa on yoga next

PENANG, Oct 29 - The National Fatwa Council will come out with a ruling relating to the yoga exercise soon.

The announcement would be made by the council’s chairman, Prof Datuk Dr Abdul Shukor Husin, said Deputy Director-General (Operations) of the Department of Islamic Development Malaysia (Jakim) Othman Mustapha.

He told reporters this after opening the two-day seminar on Islamic Jurisprudence and Eternal Islamic Thinking at Universiti Sains Malaysia jointly organised by the Islamic Studies Division of the university’s Human Knowledge Study Centre and Jakim here today.

Yesterday, lecturer Prof Zakaria Stapa of Universiti Kebangsaan Malaysia’s Islamic Studies Centre advised Muslims to stop practising yoga for fear that it could deviate their belief. - Bernama

Bloomberg Voices: Dato Seri Anwar Ibrahim

Karpal: No porn actors in the cabinet, ple

New Straits Times GEORGE TOWN: Former MCA president Tun Dr Ling Liong Sik's controversial statement that it was not a problem for men to release their "extra energy as long as they don't talk about it or get caught" came under fire again. National DAP chairman Karpal Singh said Dr Ling's statement belied his stature as a Tun and a former minister. "It is shocking that he said it. He should mind his language.... His views could adversely affect society and lead to the break-up of the marriage institution," said Karpal in a statement. He called on Dr Ling to retract his statement and apologise to all Malaysians. He said there was more than sufficient spotlight on the public admission by Datuk Seri Dr Chua Soi Lek, who had acknowledged that he was the male "actor" in a pornographic video tape. Karpal was also shocked that the former health minister had made a political comeback and was now occupying the second spot in the MCA leadership. "I hope that he will not, in the interest of the public, be included in the cabinet again in view of the imminent cabinet reshuffle." Karpal said Dr Chua should have emulated Britain's former junior defence minister, the late John Profumo, who resigned voluntarily in the early 1960s at the height of the Cold War and involved himself in social work without returning to politics after he admitted to misleading parliament over an extra-marital affair with a woman associated with an alleged Russian spy. "The image of Malaysia should not be soiled with having a pornographic actor in its cabinet."

How did RM1.1 billion Eurocopter deal balloon to RM1.67 billion even before issue of LOI?

The Prime Minister-cum-Defence Minister, Datuk Seri Abdullah Ahmad Badawi announced yesterday that the defence procurement of 12 Cougar EC725 Eurocopter helicopters had been put on hold until better economic times – making history of the shortest-lived multi-billion ringgit defence deal between the issue of Letter of Intent (LOI) and its cancellation.

He has created more queries about the Eurocopter deal now put on hold, which must be answered either by Abdullah in the Defence Ministry reply in the budget debate in Parliament beginning today as well as the subject of the Public Accounts Committee inquiry into the Eurocopter deal, including:

1. Abdullah said that the Eurocopter deal is worth RM1.67 billion and not RM2.3 billion. This figure is also at variance with the price quoted by the Defence Ministry secretary-general Datuk Abu Bakar Abdullah who said last week that the tender price of the Eurocopter helicopters was RM1.l billion. How did the RM1.1 billion Eurocopter deal balloon to RM1.67 billion even before the issue of LOI?

2. Abdullah contradicted Abu Bakar as the latter had said that Eurocopter bid was selected in preference over the other six tender bids because “the company had a complete tender offer that obtained the highest marks based on technical evaluation, an offset package while also being at a reasonable price”.

Eurocopter had announced that its “offset package” if successful in the helicopter procurement is a RM250 million investment in Malaysia, including upgrading Eurocopter Malaysia’s maintenance, repair and overhaul (MRO) capacity in its Subang facility.

However, Abdullah denied the “offset package” was a factor, stating that the government did not ask for a RM350 million development package from Eurocopter for the Subang Aviation Park, adding: “Whatever they want to do, it is up to them. As far as I have been told, they offered it in the tender, we did not ask for it.”

The PAC should inquire into the “offset” dimension of the tender and report on the comparative “offset packages” of all the tender bids for the helicopter procurement.

3. Abdullah also justified the price as compared to the 50 Super Cougars procured by Brazil - at RM141 million per Cougar helicopter (at RM1.67 billion) for Malaysia as compared to RM84 million per Super Cougar helicopter by Brazil, claiming that the 12 Eurocopter units ordered by Malaysia are more expensive as they had different specifications.

He said: “Our requirements are more advanced. That obviously would come with a higher price,” adding that the Malaysian Eurocopters would be capable of search and rescue missions, combat operations and other duties.

PAC should investigate and report on this matter.

4. PAC should broaden its investigation into the history of Nuri helicopters crashes in the past 40 years, costing the government RM86.9 million in losses from 15 crashes, involving 70 officers and personnel apart from 19 deaths.

The first Nuri helicopter crash was on 25th April 1969 killing four RMAF personnel while the last fatal one was in Genting Sampah on 13th July 2007 claiming six lives. A RMAF inquiry concluded that there was no mechanical fault in the Genting Sampah crash.

The PAC should submit a report to Parliament to study all the reasons for all the Nuri helicopter crashes, whether as a result of human error or mechanical and helicopter faults.

96 Hindu and 37 Buddhist temples demolished between 2004 and 2007

NST, Oct 28 2008

A total of 96 Hindu and 37 Buddhist temples were demolished in Selangor between 2004 and 2007.

State exco member Dr A. Xavier Jayakumar said the move was carried out by the local authorities.

However, so far this year, 54 new applications had been approved by the committee task with regulating non-Muslim places of worship.

Among the applications are for 25 Hindu temples, 19, Buddhist temples and 10 churches.

Dr Xavier, who was answering a question from Lee Ying Ha (PR-Teretai), said although the applications had been approved by the committee, they would still need to be approved by the state executive council before the new places of worship could be built.

Running Away

A few days ago, I was talking to a friend. A meandering dialogue, it was really an excuse for us to reconnect as friends do. And as these exchanges tend to, we drifted into matters of family. She spoke about her children, her brother, the usual assortment of fears and hopes, funny moments, painful ones. I reciprocated.

At some point I began to talk about my father. And as I progressed into my narrative, she suddenly remarked that it was as if I was describing someone very different from the person I had talked about a year and a half ago. I thought about it and understood that she was right. The person I had just been describing was a warm, humorous and slightly dotty academic who, in the recounting of his madcap adventures across the globe in search of his truths, came across as a less sexy version of Sean Connery in his role as Indiana Jones’ father. The father I had described the year before was a quiet, reserved man so removed from his context and so driven in his academic research that he was virtually impossible to relate to. So much so that I had at times wondered what it was that he was running away from.

It struck me then that my father had not changed. I wondered whether I had been romanticizing my account of my father. Writers tend to exaggeration in the name of art, they call it artistic licence, and I was really a closet writer who had stumbled into the practice of law. But then I reconsidered, if that were the case why had I not done that before and, if the truth were to be told, our relationship had always been disjointed. I saw that there had to be another reason.

The more I thought about it, the more I became convinced that I was the reason. I had changed, it seemed, and in as big a way that allowed black to have somehow become white. How that had happened, what had caused that shift in me, these were things I was less sure of.

Over the next few days, I kept on going back to that insight, twisting and turning it in my mind to look at it from different angles. I gnawed at it like a dog with a bone, trying to extract its essence. Slowly, my ruminations took me through the ebb and flow of the preceding year. Gradually, realization dawned.

At some point, I had accepted him; the good, the bad, everything. More crucially, I had accepted that I was his son and that without him, I would not have journeyed down that road that allowed me to become who I was and who I was becoming. My father may have been running, but I had been on my own long distance run. One that had instead of taking me towards where I wanted to get to had taken me away from it. I had stopped running. There was no reason to any longer; there had never been one.

And I saw then that we had to stop running away from who it is that we are.

For years we have fought off any idea of a real Malaysian identity, one in which we could just simply be Malaysian without having to underscore whether we were Malay, Chinese, Indian, Kadazan, Iban or anything else. We have done this not because we know that we cannot have such an identity but because we have preferred to believe in a fiction that had over the years been constructed on the foundation of pain, anguish and hopelessness that enforced separation from one another has caused us all.

It is in the interests of those who prefer to say that a Malaysian identity, a Bangsa Malaysia, is a myth, or that it can only be built around a national identity that prefers one aspect of our beautifully diverse lives, to perpetuate the reasons that keep us apart. The proof that what it is they say is the myth and that each and every one of us has a role in creating, nurturing and evolving our national identity, lies all around us. We just have to want to see it: the way we eat each other’s food and how that food has in a way become all our food, the way we celebrate each other’s festivals with as much gusto as we would ours as if they were our own, the mixed marriages and the children they have blessed this country with, the common dreams and ambitions, the aspirations of our young, our collective destiny.

What are these if not aspects of who it is we all are?

What makes us uniquely Malaysian is our difference and the way we embrace it as one community, warts and all. If we could begin to see that, then that day when we topple that foundation of illusions, and with it that edifice that has for far too long cast a gloom over us, will dawn.

My father is my father and I am his son. I am a Malaysian and I want to stop running.

(Malay Mail; 28th October 2008)

Malik Imtiaz Sarwar

Sad Diwali for ISA detainee's family

Surendran asked to give statement

Child, mother free, 10 remanded

Article 121(1A) - Revisiting Aug 9 2008

A sad Deepavali

OCT 27 — It is a sad Deepavali for members and supporters of the Hindu Rights Action Force. Their organisation has just been outlawed and their leaders are still detained without trial under the Internal Security Act.

They have recently heard Home Minister Datuk Seri Syed Hamid Albar's decree that their organisation was detrimental to peace, public order, security and the moral values of Malaysia

They have also heard Inspector-General of Police Tan Sri Musa Hassan's claim that Hindraf's status was akin to a secret society.

And like many Malaysians, they are wondering why their organisation was banned just a couple of weeks after they attended a Hari Raya open house at the PWTC in Kuala Lumpur to present a card to Prime Minister Datuk Seri Abdullah Ahmad Badawi asking him to release their leaders detained under the ISA.

Many of them are still puzzled on how they could be accused of gate-crashing an "open house".

Even those who don't support Hindraf — some Malaysians think the group exaggerated claims of the Indian community being marginalised — thought it was just "rude" of them to ask the five-year-old daughter of exiled Hindraf leader P. Waythamoorthy to deliver the card — deemed political by some people — to the Prime Minister at such an event.

But they didn't expect that such an out-of-protocol act — which also included some supporters of blogger Raja Petra Kamarudin, also detained under the ISA, who wore T-shirts bearing the slogans "Free RPK" and "No to ISA" at the same Aidilfitri open house — would result in the banning of Hindraf.

Waythamoorthy has said that the ban would not banish the spirit and idea that created it.

"Hindraf represents the Indian commoner, the hard-working oily-faced man who is made fun of in the streets, and the man who people step on, the man who walks past you yet you notice him not."

As no one can kill off the spirit of perjuangan Melayu in Umno, it is almost impossible to destroy the idea of Makkal Sakthi (people's power) brought about by Hindraf that helped the opposition to wrest power from four states and deny the Barisan Nasional's two-thirds majority in Parliament in the last general election.

Just days before Deepavali, a group of Indian Malaysians were arrested when they tried to send a letter to the Prime Minister's office. Among those brought to the police station was a six-year-old girl.

Earlier, Pas president Datuk Seri Abdul Hadi Awang had described the Hindraf members' presence at the Cabinet's Hari Raya open house as part and parcel of democracy.

"I don't think it was rude. That's democracy. In the United States, people demonstrate in front of the White House," he said recently.

Hindraf members did exactly the same thing at opposition leader Datuk Seri Anwar Ibrahim's Hari Raya open house in Kampung Baru, Kuala Lumpur, and instead of harassment from the organisers or the police, they were welcomed with open arms.

The opposition Pakatan Rakyat has criticised the ban on Hindraf.

"For the past few years, there were many coalition bodies, NGOs and concerned groups that have come up to champion various issues. We are surprised why only Hindraf is targeted.

"We are worried that this action to restrict civil rights will only anger the Indian community and add to more racial tension," said its spokesman Pas secretary-general Datuk Kamaruddin Jaffar.

However, the Dewan Rakyat Speaker recently rejected an emergency motion to debate the ban, citing "no urgency" to discuss the matter brought up by DAP vice-chairman M. Kulasegaran.

In his argument, the Ipoh Barat MP said: "Instead of using harsh, terror tactics, the authorities should engage Hindraf and resolve the fundamental problems of poverty and lack of opportunity that the Indian community faces. The ham-fisted move to ban Hindraf will only aggravate the disaffection of the Indian community towards the BN".

Many Indian Malaysians were loyal supporters of BN but Hindraf opened their eyes to problems of discrimination and neglect. Some joined Parti Keadilan Rakyat while others the DAP but many more have remained non-partisan

For many Indian Malaysians, they hope the spirit of Deepavali — the triumph of good over evil — will prevail. The Malays too might want to remember the wayang kulit epic about the triumphant return of Seri Rama and Sita Dewi after the hero rescued his wife who was kidnapped by the demon king Rawana, and that the couple later lived happily ever after.

It may be a myth to many but it is still an inspiring story despite the current sad mood for some people in celebrating this year's festival of lights.

Hindraf 5's case adjourned, Federal Court ordered to write judgment

PUTRAJAYA, Oct 28 - The hearing of an application for a judicial review by five Hindu Rights Action Force (Hindraf) leaders detained under the Internal Security Act was adjourned today because there was no written judgment by the Federal Court.

Federal Court judge Datuk Nik Hashim Nik Abdul Rahman, who presided over the hearing, ordered the previous Federal Court panel which made the decision to write the judgment as the court could not proceed without the grounds of judgment.

Justice Nik Hashim, who sat with justices Datuk S. Augustine Paul and Datuk Zulkefli Ahmad Makinudin, then adjourned the hearing until the written grounds of judgment are ready.

Earlier, counsel for the five men, Karpal Singh, informed the court that today’s hearing was for a judicial review of the Federal Court’s rejection of their habeas corpus appeal to be freed but the grounds of judgment had yet to be written.

On May 14 2008, a three-member panel of the Federal Court headed by Chief Judge of Malaya Datuk Alauddin Mohd Sheriff (now Court of Appeal President) dismissed their appeal after ruling that the order for their detention at the ISA camp in Kamunting, Taiping, by Prime Minister Datuk Seri Abdullah Ahmad Badawi, who was also the Internal Security Minister then, was lawfully executed.

The five are lawyers M. Manoharan, 46, who is also the state assemblyman for Kota Alam Shah, P. Uthayakumar, 46, V. Ganabatirau, 40, R. Kenghadharan, 40, and former bank officer K. Vasantha Kumar, 36.

They were held under the ISA on Dec 13 after being involved in street demonstrations in Kuala Lumpur on Nov 25 and issuing slanderous statements against the government.

They took the case to the Federal Court after failing to get the High Court to release them. - Bernama

Selangor MB defends decision to appoint Low Siew Moi SDC acting GM

• Low's tenure as PKNS boss may be shortlived

Bernama

SHAH ALAM, Oct 28 (Bernama) -- Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim on Tuesday defended his move to appoint the Selangor State Development Corporation's (SDC) deputy corporate affairs and accounting manager Low Siew Moi as acting general manager, saying it should not be an issue.

Khalid's decision was met with objection from the corporation's own staff who submitted a protest memorandum to him this morning, while Selangor PAS wants to suggest its own candidate besides helping the state government find a suitable candidate.

"The tasks of the Selangor SDC is to develop the state and Bumiputera community under the New Economic Policy, but the results have been rather unsatisfactory," he told a news conference after the state assembly sitting, here.

"If the Malays manage this themselves and they do not benefit from it, then we have to look at the matter seriously.

"People get angry over such a change (appointment) but their stand is different when millions of ringgit go down the drain," he said.

Khalid said Low's appointment should not be an issue because it was only temporary as the current Selangor SDC general manager Datuk Harun Salim would be retiring at the end of the month, while Low herself admitted that a Bumiputera should be appointed to continue steering the government agency.

On another matter, he said the state's 2009 Budget tabled by him was approved by the assembly without any amendment.

Khalid said the state assembly also passed the Contempt for the House Bill 2008 to protect the sanctity of the House, whereby individuals who committed offences such as refusing to testify in investigations carried out by the special committee set up by the House, would face action.

He said the state assembly would have the right to request the Attorney-General (AG) to act against the offenders, and this procedure was akin to the system used by the United States Congress.

Asked why the need to get the AG's assistance, he said the state had no such power, so it would have to advise the AG. "If this is not effective, we will come out with another enactment," he added.

PAC Chairman Azmi should withdraw from PAC Eurocopter Inquiry because of “close proximity”

Datuk Azmi Khalid, the Chairman of the Public Accounts Committee (PAC), should personally withdraw from the PAC inquiry into the RM2.3 billion 12 Cougar EC725 Eurocopter deal because of his “close proximity” to the Executive as two-term member of the Cabinet until seven months ago.

Azmi’s background as a two-term Cabinet Minister under Datuk Seri Abdullah Ahmad Badawi would be important considerations to the Prime Minister why Azmi is regarded as politically suitable, stable, reliable and trustworthy candidate as PAC Chairman although from the perspective of established parliamentary conventions in mature democracies, these same factors would be regarded as precisely the reason why he is not suitable or qualified for the post.

In fact, in mature and developed parliamentary democracies, the Chairman of PAC is invariably from a senior Opposition MP, and not an MP from the administration, let alone a person who had just been a two-term Minister under the Prime Minister-of-the-day.

Credibility is greatly stretched for anyone to believe that a two-term Minister would be prepared to be very zealous to conduct a no-holds-barred PAC investigation into any major government irregularity or impropriety like the RM2.3 billion 12 Cougar EC725 Eurocopter deal – especially as Azmi was a Minister in the original Cabinet decision of 18th July 2007 to phase out the Nuri fleet of helicopters after the latest Nuri helicopter crash the week before.

As the maxim goes, justice must not only be done but must be seen to be done. Any hint of conflict-of-interest whether arising from “close proximity” as a two-term Cabinet Member of the Prime Minister-of-the-day or other reasons should be avoided at all costs.

Azmi Khalid should therefore withdraw from any PAC inquiry into the RM2.3 billion Cougar EC725 Eurocopter deal, and the full responsibility for conducting the helicopter investigation should devolve to the Deputy PAC Chairman Dr. Tan Seng Giaw (DAP – Kepong).

Two weeks ago, after the Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim and I queried the propriety and integrity of the Cougar EC725 helicopter deal in Parliament, the Prime Minister, Datuk Seri Abdullah Ahmad Badawi said that he would probe allegations that there were irregularities in the multi-billion ringgit defence procurement.

The silence of Abdullah, who is also Defence Minister, in the past fortnight on this issue has been deafening.

Abdullah had also said that the Anti-Corruption Agency will also look into the helicopter deal.

Has this been done?

The PAC investigation into the RM2.3 billion Cougar EC725 Eurocopter helicopter deal cannot be used as an excuse for Abdullah as the Defence Minister to avoid giving a proper reply to the issues raised by Pakatan Rakyat MPs on the deal during the budget debate.

I for one will be looking forward to Abdullah’s response to the various queries raised in Parliament and outside on the RM2.3 billion Cougar EC725 Eurocopter deal during the four-day Ministerial replies in Parliament starting tomorrow.

TINGKAT EMPAT NAJIB?

1. Satu inovasi yang diperkenalkan oleh Dato Seri Abdullah Ahmad Badawi apabila sahaja dia menjadi Perdana Menteri ialah penubuhan satu badan penasihat khas yang dianggotai oleh menantu, anak dan kawan-kawan muda mereka. Kononnya mereka ini bijak dan pandai lebih daripada orang yang lebih tua dan berpengalaman. Pendapat mereka ini lebih dipercayai oleh Abdullah daripada Kabinet atau Majlis Tertinggi UMNO.

2. Lulusan Oxford dan Cambridge memang dianggap istimewa, tetapi yang lulus dari universiti-universiti ini bercambah dan ia tidak menjamin kebolehan yang luarbiasa. Lagi pun, orang-orang muda ini tidak punyai pengalaman mendalam dalam pentadbiran, politik dan ekonomi negara.

3. Yang lebih buruk ialah mereka mempunyai kepentingan tertentu dan berhajat untuk mendapat pulangan wang yang banyak daripada pengaruh mereka keatas Perdana Menteri dan Kerajaan.

4. Hasilnya ialah prestasi pemerintahan Abdullah merosot terutama dalam bidang politik dimana kekalahan yang teruk di alami oleh Barisan Nasional dalam pilihanraya umum ke-12. Akhirnya Abdullah dipaksa untuk berehat lebih awal.

5. Dengan perletakan jawatan Abdullah pada Mac 2009, timbalannya Dato Seri Najib akan mengambilalih dan menjadi Perdana Menteri. Apakah Najib akan bebas daripada jenis penasihat ala Tingkat Empat?

6. Saya diberitahu Najib juga mempunyai penasihat muda yang amat berpengaruh terhadapnya. Mereka ini mempunyai hubungan rapat dengan menantu Abdullah dan Tingkat Empat, bahkan mereka adalah daripada kumpulan yang sama.

7. Mempunyai penasihat bagi PM adalah baik. Tetapi apabila penasihat mempunyai syarikat sendiri dan dapat menggunakan pengaruh ke atas Perdana Menteri untuk meraih keuntungan daripada projek-projek Kerajaan atau dana-dana yang dimiliki oleh Kerajaan nasihat yang diberi mungkin terpengaruh dengan minat untuk memperkayakan diri.

8. Kita lihat peranan yang dimainkan oleh ECM-Libra. Apakah Ethos, yang juga terlibat dengan Tingkat Empat, akan menjadi seperti ECM-Libra? Ethos Capital, sebuah syarikat pelaburan jenis Equity Capital tidak banyak berbeza daripada hedge fund. Mereka amat berminat untuk dapat sebahagian dari tabung Kumpulan Wang Simpanan Pekerja (KWSP) yang sekarang berjumlah RM300 bilion untuk mereka mengurus pelaburannya, kononnya dengan pulangan 40 peratus. Najib mungkin ingat bagaimana Orange County di California menjadi bankrap kerana pelaburan dalam hedge fund.

9. Nasihat badan penasihat yang dianggotai oleh orang-orang muda yang amat disanjungi oleh Tun Musa Hitam telah bawa bencana kepada Abdullah. Najib harus berhati-hati supaya pisang tidak berbuah dua kali.

Eurocopter Deal: No More Cover-Up, Badawi

The investigation into the RM2.3 billion Eurocopter deal must go on even if the controversial deal is called off, opposition leader Lim Kit Siang said.

MCPX

His call came in the wake of a news report over the weekend, quoting sources as saying that the deal to purchase 12 Cougar EC725 helicopters from a European firm has been called off due to the current economic situation.

The public accounts committee (PAC), a powerful parliamentary committee tasked to ensure that public funds are well spent, is scheduled to hold a two-day inquiry from tomorrow to look into the matter.

“Even if the helicopter deal is cancelled, PAC is duty-bound to investigate the highly dubious and controversial procurement process, as this runs counter to all principles of accountability, transparency, integrity and good governance,” Lim said in a statement today.

The opposition stalwart, who is also DAP’s Ipoh Timor MP, said the PAC should identify whether any irregularity or oversight exists in the deal, and to ensure that the integrity of the Defence Ministry and the Royal Malaysian Air Force is intact.

“Parliament and the nation are entitled to a searching and no-holds-barred PAC inquiry to produce a report to be tabled by the end of next month which can answer many controversial questions,” Lim noted.

This includes why the price offered by Eurocopter has ballooned from its RM1.1 billion bid price to RM2.3 billion, as well as why is the government paying over twice the price for the aircraft
compared to aircraft from other countries.

The Eurocopter controversy was first highlighted in a letter dated Oct 7 addressed to Najib Abdul Razak, who is deputy prime minister and finance minister.

In the five-page letter, Mentari Services Sdn Bhd chairperson Kapt (rtd) Zahar Hashim suggested that the tender process, initiated during Najib’s tenure as defence minister, could have been a “gimmick” since the ministry appeared to favour one company.

Zahar also accused Najib (left) of providing Prime Minister Abdullah Ahmad Badawi, who took over the defence portfolio on Sept 17, with an “inaccurate” report pertaining to the contract.

The government had decided to purchase the new aircraft to replace the ageing Nuri aircraft following a series of crashes in recent years.

The opposition has lodged a complaint with the Anti-Corruption Agency calling for a probe on Najib’s alleged involvement in the deal.

Letter of Award not issued

On Sunday, Internet news portal Malaysian Insider quoted sources as saying that the deal will be called off after the government reviewed its expenditure “in light of failing revenues from crude oil and palm oil and slowing economic growth for the next few years”.

According to the report, Eurocopter won the deal as it also proposed to invest RM250 million to upgrade Malaysia’s maintenance, repair and overhaul (MRO) capacity in its Subang facility as part of its tender.

Eurocopter has already invested about RM45 million in Malaysia and had plans to spend another RM20 million this year to expand its Subang facility as well as MRO facilities in Kuching and Kota Kinabalu, the report added.

National news agency Bernama later reported that the government has yet to discuss the Eurocopter deal, but will do so to determine whether or not to go ahead, given the global economic crisis.

Bernama also quoted government sources as saying that the procurement of the new helicopters was only at the Letter of Intent stage and that no Letter of Award had been made to any party.

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