ABDUL RAZAK BAGINDA A 'FREE-MAN' DUE TO NO APPEAL

It has been reported that the Attorney-General's Chambers are not appealing against the Shah Alam High Court decision to acquit political analyst Abdul Razak Baginda, who had been charged with abetting in the murder of Mongolian national Altantuya Shaariibuu.

The Prosecution has 14 days from the ruling date of October 31, 2008 to file an appeal but investigations made at the Court Registry up to 5 pm today indicate no appeal has been filed. However, Deputy Public Prosecutor Tun Majid Tun Hamzah was stated as saying today that the court had made a finding of fact and he confirmed that the prosecution would not file an appeal.

This case has received enormous coverage since Deputy Prime Minister or Prime Minister-in-waiting Datuk Seri Mohd Najib Tun Razak and his wife Rosmah Mansor have been somewhat implicated to be involved and the only person to bring to light about their involvement would only be possible through Abdul Razak Baginda, although two Statutory Declarations from Raja Petra Kamaruddin and Private Investigator Bala Subramaniam have mentioned the possible connection in the murder.

The Judge in his written ruling had acquitted Abdul Razak Baginda on the grounds that “Once the essential elements of abetment - by instigation, by conspiracy and by aiding - [...] are not proven on the basis of prima facie evidence, any other inferences and doubts that may have arisen must be resolved, as is trite, in favour of the accused person.

“It is not for the court to call for the defence merely to clear or clarify such doubts [...] I find there is no prima facie case for him (Abdul Razak, left) to answer his charge...”

However, the Judge ordered Special Action Squad police officers Azilah Hadri, 32, and Sirul Azhar Umar, 38, to enter their defence.

It is in the minds of Malaysians that this is a politically motivated decision and the surprise that the Prosecution had fail to file their appeal has 'spoken for itself'.

news n photo courtesy of Malaysiakini

Sidang Media Datuk Seri Anwar Ibrahim

PERALIHAN KUASA

1. Akhirnya Majlis Tertinggi UMNO dan UMNO keseluruhannya terpaksa akur akan kehendak Dato Seri Abdullah Ahmad Badawi sebagai Presiden supaya peralihan kuasa diadakan pada Mac 2009.

2. Tiga bulan bukanlah satu jangka masa yang panjang tetapi dalam politik UMNO dan negara sekarang banyaklah kerja-kerja pemulihan parti yang akan terganggu kerana penangguhan yang tidak berasas ini.

3. Sebabnya ialah kerosakan yang dilakukan oleh Abdullah kepada UMNO begitu teruk sehingga tiap saat usaha pemulihan dilewatkan mungkin boleh membawa kesan yang buruk kepada UMNO dan Barisan Nasional. Selagi Abdullah berada sebagai Presiden Parti dan Perdana Menteri maka Dato Seri Najib akan terganggu dalam usaha memulih semula segala-gala yang perlu dipulih sebelum Pilihanraya Umum ke 13.

4. Sesungguhnya UMNO, Barisan Nasional dan parti-parti komponen Barisan Nasional sudah rosak teruk dalam masa lima tahun Abdullah memimpin pertubuhan-pertubuhan ini. Mungkin ada mereka-mereka yang akan pertahan prestasi Abdullah dengan berkata kerosakan ini sudah lama berlaku dan Abdullah cuma mewarisi kerosakan ini.

5. Benarkah? Jika benar kenapakah UMNO dan Barisan Nasional diberi kemenangan 2/3 tiap Pilihanraya sejak 1974 lagi. Tidak sekali pun Barisan Nasional menang kurang dari 2/3 dalam Dewan Rakyat. Dan Barisan Nasional tidak pernah gagal menguasai Kerajaan di Kedah, Perak dan Selangor. Pulau Pinang juga, sejak Gerakan menyertai Barisan Nasional tidak pernah kalah kepada parti lawan, terutama DAP.

6. Dalam Pilihanraya 1999, di waktu mana ramai pengundi Melayu kurang senang dengan kepimpinan UMNO; Barisan Nasional masih menang 2/3 dalam Dewan Rakyat.

7. Jika parti UMNO dan Barisan Nasional yang diserah kepada pimpinan Abdullah pada Oktober 2003 sudah rosak apakah mungkin Barisan Nasional mencapai kemenangan luar biasa pada 2004 dengan mendapat 90% dari kerusi Dewan Rakyat, mendapat balik kuasa di Terengganu dan hanya kalah sedikit sahaja di Kelantan, kubu PAS. Semua tanda-tanda menunjuk bahawa UMNO dan Barisan Nasional yang diterima oleh Abdullah pada Oktober 2003 berada dalam keadaan amat sihat dan kuat. Jika tidak mungkinkah BN capai kemenangan luar biasa pada Pilihanraya ke-11 pada tahun 2004, hanya 5 bulan selepas peralihan kuasa.

8. Jika kemenangan ini hanya kerana kepimpinan baik oleh Abdullah, tentulah kemenangan yang lebih baik akan diperolehi setelah Kerajaan dan Parti dipimpin olehnya selama empat tahun selepas Pilihanraya umum ke-11. Tetapi prestasi parti dalam Pilihanyara ke-12 tahun 2008 adalah begitu buruk sekali.

9. Jika ini tidak mencukupi untuk membuktikan kerosakan Barisan Nasional dan UMNO di bawah pimpinan Abdullah sejak 2004, pilihanraya kecil di Permatang Pauh jelas membukti bahawa Barisan Nasional dan UMNO sudah jadi parti kerdil yang begitu takut kepada parti lawan sehingga ahli-ahli tidak berani pakai lencana dan baju UMNO atau BN.

10. Apa yang berlaku dalam Pilihanraya Umum 2008 ialah ramai ahli dan penyokong biasa UMNO dan Barisan Nasional telah undi parti lawan. Apakah ini di sebabkan mereka tertarik dengan perjuangan parti PAS, DAP dan Keadilan. Soal selidik menunjuk bahawa mereka tidak terpikat dengan Negara Islam PAS atau Malaysian Malaysia DAP atau reformasi Keadilan. Mereka dengan hati yang berat telah undi parti-parti lawan kerana kecewa dengan kepimpinan Abdullah, tindak-tanduk dan sikap Jemaah Menteri yang tidak tahu kenang budi barang sedikitpun.

11. Untuk memperbaiki kerosakan ini masa yang panjang dan usaha yang gigih perlu dibuat oleh pemimpin-pemimpin UMNO yang kurang tercemar imej mereka. Mereka perlu turun padang untuk berjumpa dengan seberapa ramai ahli UMNO dan pengundi-pengundi supaya dapat mendengar rintihan mereka. Banyaklah kesalahan-kesalahan Kerajaan pimpinan Abdullah yang perlu dibetulkan. Kemerosotan ekonomi, kehilangan peluang-peluang kerja, kenaikan harga barang, tidak adanya lagi kontrak bagi kontraktor kecil, semua ini perlu diberi perhatian oleh Dato Seri Najib dan pasukannya. Tindakan yang berkesan perlu diambil bagi mengatasi masalah-masalah ini.

12. Di masa yang sama penyalahgunaan kuasa untuk memperkayakan ahli keluarga perlu dihentikan. Cara hidup yang mewah yang diamali oleh pemimpin-pemimpin parti dan Kerajaan perlu dihentikan.

13. Kontrak-kontrak perlu diagih dengan adil kepada semua pihak dan tidak hanya kepada orang tertentu diantara pemimpin politik sebagai sogokan untuk mendapat sokongan.

14. Kerosakan besar yang kedua yang berlaku dan berkembang semasa kepimpinan Dato Abdullah ialah rasuah dikalangan pemimpin dan ahli UMNO di semua peringkat. Ini menjadi-jadi kerana Dato Abdullah sendiri dilihat sebagai Perdana Menteri yang mengguna kedudukan dan kuasanya untuk menjayakan perniagaan anak dan menantunya, serta lain-lain kaum kerabatnya.

15. Kemunculan Scomi, ECM Libra, dan kontrak-kontrak yang diperolehi oleh syarikat-syarikat ini yang di ketahui dimiliki oleh anak dan menantu PM seolah-oleh mengizin dan menggalak amalan rasuah.

16. Dalam bidang politik, secara langsung atau tidak langsung Abdullah terlibat dengan beberapa kes sogokan. Semua tahu bahawa wang sebanyak RM 200/- diberi kepada wakil-wakil ke mesyuarat Bahagian Kubang Pasu supaya tidak mengundi saya untuk menjadi wakil ke Mesyuarat Agong UMNO pada tahun 2006. Seorang Ketua UMNO Bahagian Petaling Jaya Selatan telah lapur kepada Ibu Pejabat UMNO yang Dato Abdullah telah beri sebanyak RM 200/-, kain pelekat dan sejadah kepada ahli cawangan-cawangan UMNO yang dibawa di Kuala Lumpur, diberi makan dan penginapan di hotel mewah dan disuruh sokong peralihan kuasa olehnya pada 2010. Seorang pemimpin veteran UMNO telah buat laporan polis dan Badan Pencegah Rasuah berkenaan perkara yang sama.

17. Kata pepatah Melayu "Apabila guru kencing berdiri, murid akan kencing berlari." Dan sebenarnyalah apabila pemimpin dilihat mengamalkan rasuah maka pengikut akan amalkannya lebih-lebih lagi.

18. Untuk mendapat sokongan pemimpin tertentu diperingkat bahagian kontrak bermillion diberi kepada mereka, walaupun mereka tidak punyai kebolehan untuk melaksanakan kontrak tersebut.

19. Semasa pencalonan bagi jawatan-jawatan tertentu, ramai yang ingin dicalonkan mengguna wang untuk mendapat pencalonan.

20. Setelah diketahui bahawa ada calon yang sanggup menghulur wang sogokan supaya mereka dicalonkan maka ahli-ahli dan perwakilan ke mesyuarat bahagian sudah mula meminta wang sogokan jika sokongan mereka dihendaki.

21. Amatlah jelas bahawa rasuah sudah menjadi budaya ahli-ahli UMNO disemua peringkat. Apabila budaya ini dianggap sebagai sesuatu perkara biasa maka pemimpin yang akan dipilih lebih mungkin terdiri daripada mereka yang tidak bermoral, perasuah yang hanya ingin jadi pemimpin untuk kepentingan diri. Apabila ini berlaku maka negara akan perolehi pemimpin dan Kerajaan yang tidak bermoral, yang akan salahguna kuasa untuk kepentingan diri. Dengan ini akan rosaklah negara.

22. Rasuah dikalangan ahli dan pemimpin UMNO akan menjadikan UMNO parti yang tidak dapat dipercayai oleh rakyat, dipandang hina dan akhirnya ditolak.

23. Jika UMNO pimpinan Dato Najib ingin diterima dan disokong oleh rakyat sebagai pengundi, ingin memperolehi kemenangan dalam Pilihanraya Umum ke 13 maka rasuah dalam parti hendaklah dihapuskan. Usaha ini bukanlah mudah tetapi suka atau tidak suka Najib dan pasukannya perlu berusaha sedaya upaya.

24. Jika tidak pengundi akan undi siapa sahaja yang menyogok wang kepada mereka dan ini termasuk parti lawan. UMNO dan BN mungkin tidak akan dapat memerintah negara ini lagi. Kita sekarang sedang diberi "preview" jenis pemerintahan yang akan didirikan oleh parti-parti lawan.

Dr M: Pak Lah to blame for corruption and cronyism in Umno

(TheMalaysianinsider)

By Shannon Teoh

KUALA LUMPUR, Nov 14 - Former Prime Minister Tun Dr Mahathir Mohamed today blamed Prime Minister Datuk Seri Abdullah Badawi for the corruption which he says is rife in Umno.

He said the new Umno leadership would have to work hard to repair what he described as the damages inflicted on the country by Datuk Seri Abdullah Ahmad Badawi's administration.

Dr Mahathir, who has been increasingly vocal in recent weeks, repeated his contention that Barisan Nasional's (BN) current weak position is largely the fault of Abdullah.

Writing in his popular chedet.com blog today, he defended his own administration and leadership, pointing out that even when Umno was extremely unpopular in 1999, BN managed to retain its two-thirds majority in Parliament.

"Umno leaders must now meet as many Umno members and voters as possible to hear their

complaints," he said, naming the economic downturn, inflation, lack of employment and contracts for small contractors as matters that Datuk Seri Najib Razak, as Abdullah's successor, must pay attention to.

He said that cronyism and corruption became rife under Abdullah.

"This was so because even Abdullah was seen to abuse his position and power to help his son and son-in-law's businesses," he stated, referring to such companies as Scomi, in which his son Kamaluddin Abdullah is involved in and ECM Libra, which his son-in-law Khairy Jamaluddin is linked to.

"Everyone knows about the RM200 given to delegates to the Kubang Pasu division so that they did not vote me to be a delegate at the 2006 Umno General Assembly," Mahathir said.

He added also that a Petaling Jaya Selatan leader as well as a veteran leader had reported that Abdullah had given RM 200 and other gifts to branch members and treated them to a stay in a luxury hotel in exchange for support of his 2010 transition plan.

"It is clear that corruption has become part of Umno culture at all levels. This will cause Umno to lose the confidence of the people.

"If Umno under Najib wants the support of voters, it must stamp out corruption. If not, voters will vote whoever pays them off and this includes the opposition," he warned.

Mahathir, who was Prime Minister for 22 years, rebutted any assertion that Abdullah had inherited a damaged Barisan Nasional.

"If so, then why did BN gain two-thirds majority since 1974? BN has never failed to rule Kedah, Perak and Selangor and since Gerakan joined BN, it has never lost Penang," he reasoned.

He further stated that Abdullah had succeeded him in Oct 2003 and in five months, won big at the 11th General Elections with 90 per cent of MPs from the ruling coalition and took back Terengganu as well as nearly regaining Kelantan from Pas.

"This shows that the BN he inherited was very healthy," Mahathir concluded and added that the Permatang Pauh by-election was further proof as "members were afraid to wear the badge and shirts of Umno or BN."

Fatwa, Control, Choices and Women Part 2

Minister will attend Pakatan Rakyat judiciary caucus

TheMalaysianinsider
By Debra Chong

KUALA LUMPUR, Nov 13 — The parliamentary caucus on the integrity and independence of the judiciary mooted by opposition leader Datuk Seri Anwar Ibrahim, which will hold its first meeting at lunch time today, received support from an unexpected source — Datuk Seri Nazri Aziz.

Aziz, the minister in charge of parliamentary affairs as well as the de facto Law Minister replacing Datuk Zaid Ibrahim, told reporters in Parliament this morning that he would be attending the caucus meeting.

"Yes, I'll be attending today. I support the caucus for integrity. Integrity, it is very important," he said, paving the way for what is hoped will finally culminate in a full-fledged bipartisanship in Parliament.

Opposition MPs had attempted to form a bipartisan parliamentary caucus against the Internal Security Act in September when one of their own, Seputeh MP Teresa Kok, was arrested and detained a week under the law.

However, the only Barisan Nasional member they managed to pull into the caucus then was Zaid, who was a senator then.

Nazri today urged his fellow MPs from both the BN government and the Pakatan Rakyat coalition to show their support for the caucus on integrity.

"Everybody should aspire to be of the highest integrity, regardless of BN or opposition," he added.

Nazri admits mistake about former judges

(Themalaysianinsider)

Nazri now says the judges were indeed sacked. —Bernama pic

UPDATED

By Debra Chong

KUALA LUMPUR, Nov 13 — Minister in the Prime Minister’s Department Datuk Nazri Aziz admitted today he had made a mistake in saying last week that five former Supreme Court judges, the main characters in the 1988 judicial crisis, were not sacked.

He told reporters in Parliament today they were indeed sacked.

The minister also disclosed that the Yang di-Pertuan Agong had written to the Chief Secretary asking the government to pay their pensions on grounds of compassion.

His admission today comes after both his predecessor Datuk Zaid Ibrahim and former Prime Minister Tun Dr Mahathir Mohamad disputed his retelling of the 1988 judicial crisis.

"They were sacked, it is true," he said.

Nazri said he had made the statement based on the assumption that people who had been sacked were not entitled to receive any pension, which the five judges had.

He explained that he had ordered the Cabinet secretariat to continue investigations into the matter even after making the statement in the House.

This week, he found out that the King in 1988 had written a letter of appeal to the Chief Secretary to the Government asking that the judges who had been sacked be given their pensions on grounds of compassion.

"I regret if my statement in Parliament maybe had caused some difficulty to someone, but it was not deliberate," he said, stopping short of apologising.

He was quick to point out that he had made the error because the information had not been "publicised". This prompted him to highlight the need for full disclosure of the facts including, in this case, the amount of ex-gratia payment received by the judges.

"Whatever that we do, we should inform the public, including the ex-gratia payment, because the money belongs to the rakyat," said Nazri.

"We should not make agreements with the judges. There is no question of not revealing," he added.

He pointed out that doing so was an example of double standards. However, he refused to be drawn into an argument of whether the government had been wrong in dismissing the judges from their positions.

"Whether the sacking is right or wrong, that is not my problem," he said.

Salleh Abbas Affair: Clues from a second look at the judges’ saga

New Straits Times

A LOT has been said on the matter involving former lord president Tun Salleh Abas and other judges following the ex-gratia payment of RM10.5 million, including RM5 million to Salleh.

I am not disputing whatever sum that he got but the government, and especially former law minister Datuk Zaid Ibrahim, should not try to make out as if Salleh had been victimised. For if the statements by Zaid and others are to be believed, the payment is a restitution for what they (especially Salleh) went through 20 years ago, the inference being that he had been unfairly treated and had not been given the due process he was entitled to.

Thus, the suggestion by Noramtaz Abdullah (“It’s time to set the record straight”— N S T, Nov 11) that the government should reveal all is in order.

To put things in perspective, I would like to cite the chronology of events leading to the “sacking” as mentioned in the booklet The Unrebutted Charges Against Tun Salleh Abas, an extract from the book Judicial Misconduct by Peter Alderidge Williams QC.

It gives a different picture of the events leading to the convening of the tribunal. This is the chronology of events according to Williams.

What sparked the incident was a letter from Salleh to the then king on March 26, 1988.

On May 27, 1988, in the presence of the deputy prime minister and the chief secretary to the government, the prime minister informed Salleh that the king wished him to step down, that is, retire as the lord president, because of the letters he had sent to the rulers.

May 28, 1988: Salleh signed the letter of resignation.

May 29: Salleh withdrew his resignation by letter and held a press conference.

June 2: Through the newspapers, Salleh made a request for a public hearing of a tribu n a l .

June 3: Through the newspapers, Salleh requested that the tribunal consist of “per - sons of high judicial standing”.

June 9: The prime minister made a second representation to the king alleging further misconduct by Salleh based upon Salleh’s undignified use of the press.

June 11: Members of the tribunal were appointed pursuant to the Constitution by the king.

June 14: Salleh was served with a list of the charges against him.

June 17: Salleh was served with a set of rules setting out the procedure the tribunal would follow.

June 21: Anthony Lester’s application to be admitted to the court for the purpose of defending Salleh was granted with the attorney-general offering no objection.

June 27: Salleh’s solicitors were informed that the tribunal hearing would proceed on June 29 and that Salleh had permission to be represented by his solicitors and Lester.

June 29: The tribunal convened but counsel for Salleh informed the tribunal that Salleh would not participate in the proceedings. Counsel for Salleh applied unsuccessfully for a week’s adjournment.

July 7: The tribunal completed its report for the king but did not submit it.

Williams said it was clear from the summary that a some fancy footwork was going on behind the scenes and the least important matter that seemed to be commanding Salleh’s attention was the actual confrontation and squaring up with the charges preferred against him.

Thus, a reading of the book gives an insight into the incident and gives the impression that Salleh was not as innocent as some people h ave made him out to be, that is, being victimised.

Dr M: Money politics will ruin Umno in GE

Govt eases 30% bumiputera quota for firms seeking listing

KUALA LUMPUR, Nov 12 – The government today relaxed the 30 per cent bumiputera equity ownership for companies seeking to be listed but have yet to fulfil the quota requirement.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the relaxation, which would take effect immediately, was to ensure that the Malaysian capital investment market stays progressive and competitive.

He said that the companies concerned had to take specific steps and under the reorganisation, needed to heed the conditions of the National Development Policy (NDP) while continuing to offer the shares to institutions and bumiputera investors approved by the Ministry of International Trade and Industry.

He said, however, that the shares that were not subscribed could be offered to other bumiputeras as part of the share voting process.

“I wish to stress that the 30 per cent Bumiputera equity participation at the point of listing will continue to be enforced. However, there will be a slight change in terms of the methodology,” he told reporters after visiting the Securities Commission (SC) here today.

“This means that more individual bumiputeras could apply for the shares concerned. If the shares offered to individual bumiputeras are still not fully subscribed, then the company concerned is deemed to have fulfilled the 30 per cent bumiputera equity,” he said.

Asked whether this move would jeopardise the effort to attain 30 per cent bumiputera equity overall, he said the action would allow other bumiputera individuals to participate and take up the public balloting.

“There are two tiers. After the two cuts, if the shares are still not taken up, it is only fair to allow the companies to be listed. Otherwise, there will be a huge uncertainty for them,” he said.

The SC chairman Datuk Seri Zarinah Anwar said to date, seven companies had yet to fulfil the share ownership conditions.

She said these companies’ representative had met the SC and had been given time to fulfil the condition.

“The share prices of these companies today have gone below their IPO pricing. Of course, it does not make sense then to compel bumiputeras to subscribe as they will be able to buy the shares cheaper from the market,” she said. – Bernama

Dr M says ISA should be used against corrupt Umno members

By Adib Zalkapli

PUTRAJAYA, Nov 12 - Former Prime Minister Tun Dr Mahathir Mohamad today suggested the Internal Security Act (ISA) should be used against corrupt Umno members.

He also backed Tan Sri Muhyiddin Yassin as the best candidate in the race for the Umno deputy presidency while suggesting that the other two challengers are involved in money politics.

"That's a good way to use ISA, not for some writer who writes nonsense," he said of corrupt Umno members and also in an apparent reference to Malaysia Today editor Raja Petra Kamarudin, who was released recently from ISA detention.

Dr Mahathir, who has become increasingly vocal in recent weeks, said there is "a strong possibility that Umno deputy presidential candidates are involved in money politics."

"Because some people who were at the bottom during the first week, suddenly shot up," said Mahathir when asked to comment whether the contest for the Umno deputy presidency is tainted with money politics.

The contest for the party's deputy presidency is now a three way tussle between Muhyiddin, who garnered 92 nominations, Datuk Seri Ali Rustam and Tan Sri Muhammad Muhd Taib.

Ali and Muhammad received the minimum nominations, 39 on the last weekend of the Umno divisional meetings. Ali now has 48 nominations while Muhammad, 45.

"Everybody knows that Umno leaders are using money, when the election comes, the people will reject them. Not everyone is but the majority is. So you can be an Umno leader, but the people will reject you. When we have lost, there is no point in becoming Umno president," said Mahathir.

"Who wants to elect somebody who bought his way up," he added

"When you know somebody who has got very bad history and still getting support. That history I think has relevance to the support," he said when asked about the three cornered fight for the deputy presidency.

However he said among all the three candidates, Muhyiddin is the most qualified.

He recommended that all party leaders be investigated and removed from the party if found guilty.

"We need to clean up the party. Now you see the opposition is very quiet and Umno is seen as a very corrupt party, so opposition will talk about how they are not corrupt," said Mahathir.

He said that Umno leaders who are involved in money politics should be thrown into prison.

Ronnie Liu arrested

(Anilnetto) Selangor state exco member Ronnie Liu has been detained or arrested, according to two sources.

He is believed to have been arrested in Shah Alam for obstructing MPSJ officials from carrying out their duties during an anti-vice raid on a hotel in Puchong last year.

A 2007 case?

Ronnie of course played a prominent role on Sunday, 9 November during the candlelight vigil and was one of the 23 arrested that night - but he was subsequently released. This is Ronnie with a victim of police brutality that night.

Lau Weng San in his blog says:

Then I was dragged into the truck while punched twice on my face. The police officers applied some yellow lotion on my wounds to avoid the breeding. I managed to recognise the plainclothes who beat me. I will lodge a police report against the injuries. Ronnie and I saw him in the police station just now and Ronnie went forward to ‘interrogate’ him, asking him about his name.

This time, Ronnie is expected to be released on bail at 4.00pm.

Manoharan's third bid for habeas corpus rejected

Bernama - Nov 12 2008

Kota Alam Shah assemblyman M. Manoharan has failed for the third time to get out of Kamunting after the High Court here today dismissed his application for a writ of habeas corpus.

Justice Mohamad Zabidin Mohd Diah said that the grounds given in Manoharan’s affidavit did not fall within the ambit of the application.

“Our law only allows the court to enquire whether there is procedural non-compliance in the detention,” he said.

Manoharan filed the application on Aug 8, challenging the validity of the detention order, dated Dec 13 last year, under Section 8(1) of the Internal Security Act (ISA).

In his affidavit, Manoharan said the Home Minister’s refusal to grant him permission to attend the Selangor State Legislative Assembly sittings on May 22, 23 and 26, forcing him to take leave, tarnishes the democratic process.
He also said he was not an individual who could pose a threat to the country as he was elected as an assemblyman in the March 8 general election.

Senior Federal Counsel Abdul Wahab Mohamad objected to Manoharan’s application, saying that the grounds forwarded had no nexus with the legality of the detention.

“It is a clear abuse of the process of the court to file the instant application for habeas corpus when an earlier application had been finally determined by the Federal Court,” he said.

Manoharan’s first bid for the writ of habeas corpus was dismissed by the Kuala Lumpur High Court on Dec 26, 2007. On May 14 this year, the Federal Court also ruled against him.

He then filed another application in Ipoh High Court but had it thrown out on Sept 8.

Earlier in today’s proceedings, counsel Sreedevi Naidu told the court that Manoharan wanted to appear and represent himself but the judge said: “After going through the affidavit, I find that there was no sufficient reason to allow him to appear and to represent himself in court.”

Seen in court were Ipoh Timur Member of Parliament Lim Kit Siang and blogger Raja Petra Raja Kamaruddin.

To lock horns with Samy, Muthu needs to clear major hurdle

Bernama - Nov 12 2008

The man who wants to lock horns with Datuk Seri S. Samy Vellu to become the MIC supremo at the party’s presidential election in March, must first clear a major hurdle.

Former MIC vice-president Datuk M. Muthupalaniappan, who yesterday announced his intention to contest the party presidency, must be endorsed by 300 out of the 3,200 MIC branch chairmen.

A presidential candidate needs 50 nominations and each nomination must be signed by a proposer and five seconders. All proposers and seconders must be branch chairmen.

Clarifying earlier media reports, MIC treasurer-general and 2006 party election steering committee member Tan Sri M. Mahalingam said all nominations could only be signed by branch chairmen and not branch office-bearers, as reported.

“The MIC presidential election by-laws stipulate that a candidate must obtain 50 nominations and each nomination paper must be signed by six branch chairmen (one proposer and five seconders). In total, 300 branch chairmen must sign the nomination papers of each candidate, to ensure he or she is eligible to contest,” he told Bernama.
He said the MIC central working committee (CWC) would most probably, within its next two meetings, decide on the composition of the new election steering committee entrusted to conduct the presidential polls.

“Everyone can rest assured that the committee, as usual, would comprise non-partisan personalities. They could be either former party leaders or those who have a standing in the community and party,” added Mahalingam.

Muthupalaniappan, fondly referred to as Muthu in party circles, is unperturbed.

Contacted by Bernama today, he said he was confident of getting the support of the 300 branch chairmen.

“They will support me. That is the situation on the ground. I should be able to get 300 branch chairmen to sign the nomination papers,” he said.

However, a party source revealed that the issue now would be whether branch elections would be held before or after the presidential election.

“If branch elections are concluded before the presidential election, then branch chairmen would not have to fear that their branches would be closed down if they supported Muthu.

“But if the presidential election is held before the branch election, then the other side (incumbent president Datuk Seri S. Samy Vellu) would know which branch chairman nominated Muthu, giving rise to a fear of persecution or witch-hunt.

“Their branches could even be closed down for various reasons, for being ’inactive’ and so on. They might even not be issued the ’B’ form by the headquarters to conduct branch meetings, thus nullifying or closing them down,” the source said.

According to party constitution, branch elections must be conducted every three years. The current term ends in mid-February, next year.

However, the CWC, the party’s highest decision-making body, could defer branch elections to give way to the presidential polls.

********

Muthupalaniappan says he is MIC’s Obama

By Baradan Kuppusamy, Malaysianinsider.com

KUALA LUMPUR, Nov 11 — MIC veteran Datuk M. Muthupalaniappan, who is one of those responsible for the rise of veteran president Datuk Seri S. Samy Vellu 20 years ago, confirmed today he will “definitely” contest against his former mentor in the presidential elections in March 2009.

“It’s on, I am ready to go,” Muthupalaniappan told The Malaysian Insider when contacted today.

“Party members are already calling me the Obama of MIC, the force to oust Samy and bring a major leadership change in the MIC,” he said. “There is an urgent need for a leadership change to bring back Indian support for the MIC.”

Datuk Muthu, as he is popularly known in the MIC, said he is fighting "independently and is not allied with any leaders."

"I am fighting on my own merits and on my own agenda which is for change," he said, denying speculation he is allied with and is the point man of yet unidentified MIC leaders to force out Samy Vellu.

"I shall and will bring change to MIC and to the community," he pledged.

Muthupalaniappan, 66, who claims he has received overwhelming support from the grassroots, is however fighting an uphill battle to defeat Samy Vellu.

One reason is the nomination system.

He needs 300 branches to support his challenge before he qualifies. Another is the counting system where the votes are counted at the divisional level and out of the limelight and consequently chances for votes to "stray" are high.

The last time Samy Vellu was challenged was in 1989 by then deputy Datuk S. Subramaniam, who lost narrowly and later alleged foul play.

Court affidavits were prepared to nullify the vote but the case did not proceed because of a deal struck between Samy Vellu and Subramaniam to move on.

Muthupalaniappan has pledged if he wins to re-admit all expelled MIC members and reinstate all the branches closed by Samy Vellu over the last two decades.

Muthupalaniappan was first elected to the MIC central working committee in 1979. The same year, he was appointed Negri Sembilan MIC chief and party Youth head.

He was made a senator in 1980 and two years later won the Si Rusa state seat and made a Negri Sembilan state executive councillor.

During this time he was a staunch Samy Vellu supporter and acquiesced in all the alleged "dirty tricks" done to keep Samy Vellu in power.

However their relationship soured and when he contested the party vice-presidency in 1987 and 1991, he lost both times after Samy Vellu withdrew his support.

Muthupalaniappan won as vice-president in 1997 on his own steam but could not retain the post in the party's 2000 and 2006 elections.

Samy Vellu has announced that he will defend the post he has held since 1979.

If PAS is not a race-based party ...

After March 8, we are more racial than ever. Former Prime Minister Dr Mahathir Mohamad has told those who say the last General Election was a vote to reject race-based parties and politics to stop deluding themselves. "We have become more racial than ever since the last General Election. We debate about race every day, more than before," he said. In an off-the-cuff lecture on Bangsa Malaysia in Putrajaya this morning, he said if the outcome of the March general election was a rejection of racial politics, there would be less talk about race today. Instead, race has become a central issue since March. That election has stimulated discussion about little else other than race.

"And if PAS is not a race-based party, then I am not Mahathir Bin Mohamad," he said.
DAP not a race-based party? "Apart from some window-dressing, it's still the old DAP".
And PKR? "It is said to be Islamic, it's also pro-Hindraf, and pro-Chinese educationists. But that's because there is this man with many faces who leads the party. After him, who will lead the PKR? If it is led by a non-Malay, it will not have the support of the Malays."

Bangsa Malaysia without Bahasa Malaysia? Dr M also chided those who clamour for a Bangsa Malaysia but are unwilling to give due regards to the national language. These people, he said, should emulate Obama and children of migrant races in the US, Switzerland and Australia.

"Obama, who must be in some ways a descendant of a slave, is today US President. The blacks had tribes in Africa but after years in the US they all speak English. English is their mothertongue. The speak English at work, at school and at home. The same as the migrant Jews. They became naturalised American citizens. But they accpet that as Americans they must speak English."

I'm not Malay Malaysian. Dr M said Bangsa Malaysia exists but mostly among Malaysians abroad, he said. "I've met many Malaysians overseas. Those who approached me introduced themselves as Malaysians, not Chinese Malaysians or Indian Malaysians or Malay Malaysians. Just Malaysians.

"But back home here, they want to go to different schools."

Sekolah Wawasan. For a Bangsa Malaysia to be born, the current race-based schooling system must go. "This is the only country where we have different streams of schools: Chinese, Tamil and National schools. The Chinese educationists think their kids should not get any close to the kids from the national schools. Or they might turn into Chinese Mat rempits."

The idea of Sekolah Wawasan was to put the 3 schools in one campus. This will compel the children of different races to meet and interact with each other. Morning assembly would be held together. The pupils will be in one assembly. When they play, they'll play together. Not Chinese school vs National school.

"I must admit the Sekolah Wawasan concept did not get support, especially from the Chinese educationist groups. They don't want to have anything to do with the Malays."

FRIENDS OF MALAYSIA

Shri/Srimati __________________________________

You are earnestly requested to a meeting organised to express extreme concerns and opposition to highly arbitrary actions taken by Malaysian authorities against ethnic Indian leaders of Malaysia and their human rights organisation HINDRAF.

In presence of
Baroness Sandip Verma

Mike Gapes M.P., Chairman of All Party Foreign Affairs Committee in the House of Commons.

On Saturday 22nd November 2008

From 4.00 pm to 6.00pm

At VHP Hindu Centre, Albert Road, Ilford, Essex

The meeting will also be addressed by a Malaysian Indian leader and leaders of the undernamed supporting organisations.

Hindu Forum of Britain, Friends of India Society International, Hindu Council UK, Vishwa Hindu Parisad UK, National Council of Hindu Temples, Hindu Swamyamsevak Sangh UK, Scotland Malaysia Students Association, Shri C. B. Patel Gujarat Samachar / Asian Voice & National Congress of Gujarati Organisations.

Light refreshments will be served after the meeting

VHP protests Malaysian ban on HINDRAF

Dated: Nov. 03Mon, 2008

Office of Ashok Singhal, President, VHP Int'L

E-Mails: vhpintlhqs@gmail.com , vishwahindu@gmail.com;

New Delhi Fax:011-26195527, Telefax: 011-26103495, 26178992; VHP URL: http://www.vhp.org

Advocate Dulal Sarkar

North 24 Parganas District General Secretary

All India Refugee Front

(Dedicated to the unfortunate persons who are victimised by the partition of India)

Room # 3, Block-E, Barasat Judges' Court,

P.O. & P.S.-Barasat, Kolkata-700 124, West Bengal

Cell: 098305 23539, E-Mail: adv.dulalsarkar@rediffmail.com

Aatmiiya Sri Dulal Sarkarji,

Namaskar!

We have received your letter dated 21.10.2008. The Malaysian Government - practising discriminatory policies against the Malaysian Hindus (PIOs) who account for about 1.8 million of the 27 million population of Muslim majority Malaysia - cooked up charges against the HINDRAF (Hindu Rights Action Force - democratically championing the cause of the systematically marginalised, discriminated and alienated Malaysian Hindus) and banned it under the draconian Internal Security Act (ISA). The Malaysian government has demolished an estimated 10,000 Hindu temples during the last 20 years in the name of development. The Hindus of Malaysia are not against development but they are rightly against targeting the ethnic minorities and their places of worship in the name of development. The PIO Hindus (Persons of Indian Origin) of Malaysia are denied equal opportunities in education and other fields and their plantations are acquired by government.

The atrocious ban on HINDRAF is definitely a great blow to the democratic rights of Hindus in Malaysia who have now no avenue left to air their grievances and articulate their voices, interests and also democratically protest against discrimination.

We have lodged our protests with the Malaysian High Commission at New Delhi. But, unless the Hindus are politically strong in their own country Bharat, the protests have little meaning. Hindus have to be politically strong in Bharat to compel the governments to safeguard the interests of the Hindus.

Thanking you for your concerns!

Yours in the service of

Maa Bhaarati and Dharma,

Sd/-

(ASHOK SINGHAL

Anwar's views on new SPR head

Cabinet may be more receptive to JAC now

The Malaysian Insider

KUALA LUMPUR, Nov 12 - The proposed Judicial Appointments Commission (JAC) could face an easier passage through Cabinet now that it has been tweaked and its main promoter – Datuk Zaid Ibrahim – is no longer a member of the administration.

Highly-placed sources told The Malaysian Insider that several Umno ministers – Tan Sri Muhyiddin Yassin, Datuk Seri Syed Hamid Albar and Datuk Rais Yatim – rejected the first draft of the Bill on the JAC because they did not agree with the size and composition of the commission and were concerned that the powers of the Prime Minister to make appointments to the Bench would be usurped.

Since the first draft was rejected, and Datuk Nazri Aziz’s appointed as Zaid’s replacement as the de facto Law Minister, several changes have been made, including reducing the size of the JAC from 13 to a more manageable nine members. Also, some changes to the composition of the commission have been proposed by Nazri.

Various stakeholders, including the judiciary and Bar Council, have been consulted on the changes to the first draft. The Malaysian Insider understands that Chief Justice Tun Zaki Azmi favours the setting up of the body to advise the PM on the selection and promotion of judges. Under the present system, the PM makes appointments to the Bench after being advised by the CJ.

But this system relies too much on the views and input of one individual – the CJ. Only the intervention by the Malay Rulers Conference blocked the promotion of a judge who had not written judgments for years. Also, testimony presented before the Royal Commission on the V.K. Lingam video clip confirmed that constitutional processes were not followed in the appointment of some judges during the Mahathir years.

Government officials believe that the Cabinet will approve the tweaked JAC Bill, which is likely to be presented to the ministers in several weeks.

Their optimism is also anchored on a less tangible factor – the individual who is promoting the legislation. Nazri enjoys a closer working relationship with the Umno ministers and is viewed as one of the boys. In contrast, several Umno ministers were unhappy that Zaid was appointed a Senator by Datuk Seri Abdullah Badawi and then anointed as the reformer while they were painted as stodgy obstructionists.

A government official said: “To a certain extent, the lack of chemistry between Zaid and some of the Umno ministers made it difficult for anything which he proposed to be pushed through. There was envy and a feeling that only one person was enjoying the glory as a reformer. After a while, it became a battle of personalities.’’

Still, it will not be a walk in the park for Abdullah and Nazri. Anecdotal evidence suggests that conservative forces in Umno – serving MPs and former ministers – are still against the setting up of the commission, believing that it will cramp the ability of any PM to make important appointments to an important institution.

These forces also think that the setting up of a JAC will vindicate critics of the government who have lampooned the state of the judiciary.

RPK sedition trial postponed

Just received word that RPK’s sedition trial has been postponed to 16-19 Dec. Awaiting official confirmation.

Bala ‘U-turn’ and Raja ‘no-turn’

I was told that Raja Petra is working on a second Statutory Declaration or Affidavit in preparation for his trial that will confirm many things not said in the first Statutory Declaration -- which is the basis of his criminal defamation charge. The second Affidavit will be naming names of very senior personalities who walk in the corridors of power and who hold titles such as Tun and Tan Sri.

The Pink Panther

The following news item titled ‘Missing PI and blogger figure in Altantuya murder trial’ was published in The Malaysian Insider today. Malaysia Today’s new The Corridors of Power columnist -- who has taken over this column, together with M. Bakri Musa who started writing for this column soon after Raja Petra was detained under ISA -- talks about what is really behind the missing private investigator mystery.

Missing PI and blogger figure in Altantuya murder trial

The Malaysian Insider

A missing private investigator and a blogger, both of whom had implicated Deputy Premier Datuk Seri Najib Razak in the case of a murdered Mongolian woman, are being sought as defence witnesses in the trial. The case could become a political hot potato when it resumes in January, as investigator P. Balasubramaniam and blogger Raja Petra Kamarudin have made controversial allegations about Najib and the victim, Altantuya Shaariibuu.

Balasubramaniam had alleged that Najib had sexual relations with her, while Raja Petra claimed that Najib's wife was present when Altantuya's body was blown up with explosives. Her remains were found in a jungle clearing outside Kuala Lumpur in 2006.

This case, with its brew of politics, sex and murder, gripped Malaysia after the Deputy Premier's close associate, Abdul Razak Baginda, was charged with instructing two policemen to kill Altantuya. Abdul Razak, who said Altantuya was his former lover, was acquitted recently but policemen Sirul Azhar Umar and Azilah Hadri have been ordered to make their defence.

Najib, expected to become Malaysia's premier next March, has repeatedly denied knowing Altantuya but the scandal has continued to dog him. His Umno party has stood solidly behind him. When its divisions completed making their nominations for the party presidency last weekend, they overwhelmingly chose Najib except for one other nominee, Kelantan prince Tengku Razaleigh Hamzah. So far, there has been no proof to link Najib to this case.

Balasubramaniam has been missing for the last few months since he retracted the allegations he made against Najib. "The investigating officer has said he is trying to trace where he is. We do not know his whereabouts," defence lawyer Kamarul Hisham, who represents Sirul Azhar, told the court yesterday.

He also said he wants Raja Petra to testify about his statutory declaration in which he claimed that Najib's wife, Rosmah Mansor, was present when explosives were placed on Altantuya. He said he was trying to contact the blogger, who was released last week after being detained under the Internal Security Act. Raja Petra was in another court yesterday, facing a sedition charge over a blog posting implicating Najib in the Altantuya case.

Lawyer Hazman Ahmad, who represents Azilah, plans to call Najib's senior security aide as a witness. According to court evidence, it was the aide, Musa Safri, who introduced Azilah to Abdul Razak after the latter sought his help, saying that Ms Altantuya had been harassing him. Neither Najib nor Abdul Razak are expected to be called as a witness.

The lead prosecutor, Tun Majid Hamzah, said that the prosecution has up to Friday to file an appeal against the acquittal of Abdul Razak. It has not decided whether to do so.

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

As much as they are trying to suggest that Bala ‘U-turn’ is ‘missing’, and some say he is in hiding in India, the truth is he is very much in Malaysia; at Bukit Tinggi to be exact. At least this is what my ‘little bird’ tells me. And if you want to know exactly where in Bukit Tinggi he is hiding, then ask the man whom I will, at this point of time, call ‘the Indian Carpet-man’.

Yes, that’s right, the ‘Indian Carpet-man’ knows where Bala ‘U-turn’ is hiding because he is the one who is hiding the missing private investigator in Bukit Tinggi. And he has paid Bala ‘U-turn’ RM3 million to remain in hiding until further notice.

The ‘Indian Carpet-man’, who I shall certainly name in due course when the time is right, works for Rosmah Mansor, the wife of Deputy Prime Minister Najib Tun Razak. The ‘Indian Carpet-man’ is Rosmah’s ‘bagman’ and he is in charge of carrying hard cash to and from the Deputy Prime Minister’s house in Jalan Duta. He of course makes a lot more money acting as Rosmah’s ‘bagman’ compared to selling carpets and could easily pass as a Bollywood star to those who did not know any better.

The latest news is that later today the AG's Chambers is going to subpoena Raja Petra's lawyer, J. Chandra, to testify in court in Raja Petra's criminal defamation trial. This is a sneaky move to disqualify Chandra from acting as Raja Petra’s lawyer in his trial, which will commence on 24th November 2008. As for Raja Petra, it is not known yet if he is going to be subpeonaed to testify in the Altantuya murder trial and whether he is going to be a hostile witness, which therefore may actually jeopardise Sirul and Azilah’s case and strengthen the prosecution’s case against them. It makes one wonder whether Sirul’s and Azilah’s lawyer are acting for their clients or for the prosecution.

Raja Petra cheekily said that he will agree to testify in the trial only if Sirul and Azilah publicly apologise for threatening him when he spent three days in the Sungai Buloh Prison. Sirul and Aziah deny threatening Raja Petra who insists that it was made in front of a very senior prison officer named Thana. Thana, in fact, phoned Raja Petra’s wife, Marina, and asked her to come to the prison to try to persuade Raja Petra to accept bail and leave prison because they were worried about his safety. Marina, in tears, begged Raja Petra to agree to bail and the sight of his wife crying away softened him and prompted him to agree to bail.

I was told that Raja Petra is working on a second Statutory Declaration or Affidavit in preparation for his trial that will confirm many things not said in the first Statutory Declaration -- which is the basis of his criminal defamation charge. The second Affidavit will be naming names of very senior personalities who walk in the corridors of power and who hold titles such as Tun and Tan Sri. Raja Petra appears to be going for broke and seems bent on bringing down as many people with him as he possibly can if he were to suffer a fall.

When the press asked him, minutes after he was released from ISA detention last Friday, his opinion with regards to Najib taking over as Prime Minister in March 2009, Raja Petra replied with confidence, and of course very cheekily, that he does not care about Najib taking over in March 2009 because Anwar Ibrahim will instead be taking over in December 2008. Was he just being cheeky or does he know something the rest of us do not?

Just as we thought the plot had already thickened it thickens even more. I, for one, can’t wait to name the ‘Indian Carpet-man’ but you will have to remain patient a while longer while we see how the ‘other side’ reacts before I throw one more card onto the table. And this card will certainly not be the Joker from the pack but a very strong Ace that is going to make the Altantuya murder trial more interesting than it already is

Keeping The Faith

(Malik Imtiaz Sarwar) Over the weekend, the blogosphere was filled to the brim with posts and comments concerning Justice Syed Ahmad Helmy’s decision to release Raja Petra.

Many expressed surprise at the Judge having had the fortitude to rule as he did, going against the grain not being the easiest of options. Some were unfeelingly dismissive of the decision and its significance to Petra and his family, and to society as a whole. One of the theories advanced was that the decision to release Petra was engineered by Prime Minister Abdullah Badawi as part of a campaign of political maneuvering against Deputy Prime Minister Najib Razak. Others cynically suggested that it was typical of the lawyers involved, myself included, to have made self-servingly positive statements concerning the Judge and the decision as we had won the case.

These comments made me wonder. Have we really been so thoroughly wrung that all hope and optimism have been bled from us? Are we so broken that we are incapable of appreciating the tiny and not so tiny miracles that happen in our lives every day?

Last Friday, as the first sob of joy escaped captivity in a courtroom that had been stilled by uncertainty, as the first tears of redemption rolled down cheeks that had been numbed by countless disappointments, I was reminded again that it is our collective faith in what is right that has consistently forged the way forward. As the cheers erupted from the many Malaysian throats present, and the Judge attempted to restore order, I understood that as our ties together as a community have strengthened so too has that faith. I saw, as Alice Walker pointed out recently to Barack Obama, it is we who we have been waiting for.

It does not matter what those who scoff say, justice was done last Friday.

No matter what we call it or how we dress it up, detention without trial is cruel. Stripped of everything, a human being has only his or her dignity and conscience. It is to these most fundamental of elements that the right to fair trial and the presumption of innocence speak. It is these elements that preventive detention aims to destroy. They are torn apart in the same way that the lives of those detained and their families are.

The due process of law ensures that the number of people who get shut away erroneously is small. A person charged with a crime in this country has at least two tiers of appeal. His conviction would have been scrutinized at least three times by several judges. A person detained without trial is detained with the stroke of a pen wielded by a Minister who is presumed to be objective enough to do what he needs to do in a way that ensures there is no possibility of error.

Where is justice? If the reasoning of the Minister is to be accepted, it does not enter the picture.

The Minister contends that detentions are a matter left by the law entirely to his subjective discretion. This means, he reasons, if he decides that an individual is a threat to national security, a court has no option but to accept this as a truth. This being the case, there is no need for the Minister’s conclusion to be justified. Extrapolating this analysis, the Minister is not required to argue that the justice of the case favours continued detention without trial. Justice is as such not a feature of the analysis and injustice an irrelevant consideration.

The Judge obviously felt otherwise. His observation, made in the course of his reasoning, that the law could not be understood as empowering the Minister to arbitrarily detain individuals for reasons that had nothing to do with the statute such as, for instance, simply having red hair, was illuminating.

Was his reasoning correct? I would like to think so. The Judge merely applied the law as framed by the legislature and in doing so gave expression to the intention of the drafters of the law: limiting preventive detention to the kind of exceptional “terror” situations described. The Federal Court may however take a different view, just as it may of the points of submission we made that the Judge disagreed with. We will get to argue these again if an appeal is lodged.

Was I happy that the Judge decided the way he did? I would have been foolish not to be, not least for Petra being reunited with his family. Do I think positively of this Judge? Most certainly for having shown me that it is not audacious for any of us to hope as we do. Would I have been disappointed if we lost? I would have but far less than if the Judge had not given us the excellent hearing he did. As we left court on the day we presented arguments, all of us understood that we had had the hearing that all of us wanted: a fair one.

And to those who suggest that the Judge was influenced, I say this. You do a disservice to yourself and to this nation. Had you been in court, you would have seen as we did a Judge keeping the faith.

(Malik Imtiaz Sarwar was counsel to Raja Petra Kamarudin. He is the current President of the National Human Rights Society and blogs at www.malikimtiaz.blogspot.com)

Karpal resubmits emergency motion on CJ

'Where's the Eurocopter report?' PAC chief flayed

Renewed resolve on places of worship

THE Sri Maha Kaliamman Temple near Kampung Tasek Tambahan in Ampang has been demolished several times in its 19-year existence. Now it will be rebuilt for the third time -- once the Selangor government provides a new location. Scores of non-Muslim places of worship have faced a similar fate, but with this issue swaying voters in the March 8 general election, both Barisan Nasional and Pakatan Rakyat members are speaking up for them. In the mid-1990s, then prime minister Tun Dr Mahathir Mohamad ordered that the demolition of places of worship had to be approved by the respective menteri besar or chief minister, while he himself would decide on cases within the Federal Territory. But over the years, this directive has been ignored or forgotten. Part of the problem is that many of these sites do not have land titles, notes Datuk A. Vaithilingam, president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Sikhism. The Malaysia Hindu Sangam, the country's umbrella body for Hindus, has been working to register an estimated 7,000 temples and 10,000 shrines. So far, they have been able to register only 2,000 because many are suspicious of the exercise. Last year, the Hindu Sangam asked the Housing and Local Government Ministry to conduct the registration instead. In some cases, places of worship are built "illegally" on land belonging to the government or private owners. The Sri Maha Kaliamman Temple, for example, was on Selangor forest reserve land. As far as possible, religious leaders try to negotiate new sites with local authorities or developers before the bulldozers move in. But sometimes, they only find out about demolitions when it is too late. The demolition of the 60-year-old Sri Maha Mariamman temple in Shah Alam on Oct 30 last year, just before Deepavali, may have cost BN the local non-Muslim vote in the polls. When the Ampang Jaya Municipal Council (MPAJ) demolished the Sri Maha Kaliamman Temple last September, both BN and Pakatan leaders protested. MIC Youth chief T. Mohan pointed out that the new Pakatan-run state government had promised not to demolish any places of worship, while Kapar member of parliament S. Manickavasagam threatened to resign as Parti Keadilan Rakyat's Selangor liaison committee deputy chairman if no action was taken against MPAJ officials. Selangor's state committee on non-religious affairs, set up after the elections, temporarily suspended MPAJ deputy president Hamid Hussain and investigated the incident. One of the outcomes was that owners of 27 plots of state land approved for places of worship in Selangor were told they need only pay RM1,000 quit rent for the first year and then a nominal RM1 for the remainder of new 99-year leases. But although authorities are now more open to talks, it will take time for change to take effect. "The government may have changed in some states," says Loka Ng Sai Kai, coordinator of the Malaysian Buddhist Solidarity Group, "but the local government officials are still the same. These officials don't necessarily understand the structural and cultural issues involved." Bar Council's Roger Tan has been calling for a department of non-Muslim affairs to be set up in every state, stressing that religious leaders should be involved in decision-making on issues affecting their communities. "If an illegal non-Muslim place of worship is demolished by a department of non-Muslim affairs, the impact and reaction would not be as great as it might be if the task were performed by the land office or local authority," he says. Religious leaders complain of having faced political and bureaucratic hurdles for years. Vaithilingam says the difficulty of establishing non-Muslim houses of worship leads to "illegal" temples and shophouses being turned into churches. It is not uncommon for a decade to pass between application and approval of a non-Muslim house of worship. The Vihara Samadhi Temple in Shah Alam is a case in point. In the early 1990s, the Buddhist Missionary Society Malaysia (BMSM) submitted a building plan to the Shah Alam municipal council for 1.3 acres bought from the Selangor State Development Corporation. The application was rejected -- after some five years -- on grounds that there was a large Muslim population there. BMSM was compensated with another piece of land nearby, which took the Shah Alam municipal council another three years to approve. Finally, after more than 10 years, the layout plan was approved just before the March general election. Datuk Chee Peck Kiat, BMSM's honorary secretary-general, says impractical restrictions on building dimensions are as much to blame as the bureaucracy that stalls approval. At a meeting with various non-Muslim representatives to discuss new guidelines for non-Muslim places of worship, Pakatan decided that such restrictions should be dealt with "on a case-to-case basis", taking into account the needs of the communities. Another major hurdle is funding. The Federal Government has earmarked RM8 million for building non-Muslim places of worship from 2005 to 2008, with RM428 million allocated for Muslim facilities. Non-Muslim leaders say the meagre allocations compel them to rely on their own financing. In his Budget 2009 speech last month, Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim proposed RM6 million for non-Muslim places of worship and RM103.5 million for the state Islamic Religious Department to build, maintain and upgrade religious primary schools, offices and mosques. Religious leaders urge that places of worship not be seen as flashpoints but as nation-building blocks. Such institutions can help promote consciousness of morality and service to others, says Reverend Dr Hermen Shastri, general secretary of the Council of Churches Malaysia. "The religious community is a vital link in this process," he says. "If people want to learn more about their own faith and offer services beyond themselves, the authorities should facilitate them."

Nor Mohd to give full and proper accounting of Valuecap tomorrow

During the debate in Parliament today, I spoke on the controversy of the RM5 billion EPF loan to Valuecap to double its funds to RM10 billion to buy undervalued stocks and asked for a full and proper accounting of Valuecap since its establishment about six years ago.

I said that the Second Finance Minister, Datuk Nor Mohd Yakcop, who was at the time the Economic Adviser to the Prime Minister, Datuk Seri Dr. Mahathir Mohamad, had announced when Valuecap Sdn. Bhd., was set up in early 2003, that it would be operating with RM10 billion funds – and that the cash for the RM10 billion had already been provided to Valuecap by the three equal owners, Khazanah Nasional Bhd, Permodalan Nasional Bhd (PNB) and Kumpulan Wang Amanah Pencen (KWAP).

However, Valuecap actually had RM5 billion and not RM10 billion as stated publicly by Nor Mohd Yakcop.

I asked Nor Mohd, who is now Second Finance Minister and was in the House to shepherd through the Finance Ministry’s committee stage, to explain.

As Valuecap had never given any proper accounting of its performance in the past five to six years, I asked Nor Mohd to provide such information in his reply.

I also raised the opposition of the workers and in particular the Malaysian Trades Union Congress (MTUC) to the government directive to EPF to advance the RM5 billion loan from workers’ savings to Valuecap to prop up the stock market.

Nor Mohd will start replying first thing tomorrow morning.

On the way out of Parliament after today’s meeting, I bumped into him and spoke to him about the need for full and proper accounting of Valuecap to Malaysian taxpayers as this had never been done before.

The Minister agreed, remarking that the government’s problem is that it had not explained enough.

We can look forward to the first full and proper accounting of Valuecap’s performance in the past five to six years in Parliament tomorrow!

Sidang Media Datuk Seri Anwar Ibrahim pada 10/11/08

ZAID IBRAHIM DAN BAYARAN EX-GRATIA

(TUN MAHATHIR)

1. Saya bersetuju dengan Datuk Zaid Ibrahim, bekas (mantan) Menteri Undang-undang de fakto bahawa bayaran ex-gratia RM5 juta adalah bersesuaian jika dibanding dengan pendapatan peguam terkemuka di negara ini yang mencecah RM2 juta setahun.

2. Bahawa peguam terkemuka di Malaysia mendapat RM2 juta setahun amat memberangsangkan saya. Jelas sekali saya telah pilih karier yang salah kerana Perdana Menteri mendapat hanya RM240,000 setahun. Ini tentulah kerana tanggungjawab Perdana Menteri tidak seberat peguam, wallahua'lam.

3. Dakwaan Datuk Zaid Ibrahim, bekas Menteri Undang-undang tentang pendapatan peguam terkemuka tentulah diasaskan kepada pengetahuan dan pengalaman beliau sebagai pemilik firma guaman yang mempunyai 100 peguam. Saya tidak pernah baca berkenaan Datuk Zaid Ibrahim, bekas Menteri Undang-undang mempertahankan mana-mana penjenayah atau anak guam dalam mahkamah. Jadi saya tertanya-tanya daripada manakah datangnya pendapatan yang lumayan bagi firma guamannya dan sudah tentu dirinya sendiri.

4. Apakah mungkin pendapatan yang tinggi dan banyak ini datang daripada urusan-urusan berkaitan dengan kes-kes penswastaan Kerajaan dan lain-lain keperluan "conveyancing" Kerajaan? Ini sangkaan saya sahaja. Jika tidak benar tunjuk bukti yang ianya tidak benar.

5. Jika benar patutkah bekas Menteri ini tutup mata pencarian yang lumayan ini kepada peguam Bumiputera yang lain kerana ingin dikenali sebagai seorang yang liberal yang tolak Dasar Ekonomi Baru dengan peluang-peluang untuk Bumiputera?

6. Apa perlunya dasar-dasar DEB selepas kita sudah sampai ke atas? Buang sahajalah supaya orang lain tidak mendapat manfaat daripadanya.

7. Parti Keadilan sedang menggamit. Tempat tertentu boleh dikosongkan supaya calon baru dapat mengisinya. Duit tak penting. Apabila pendapatan sudah sebanyak RM2 juta setahun siapa perlu jawatan Menteri yang tidak menjanjikan pendapatan yang setanding?

8. Sesungguhnya politik adalah cahaya yang terang yang dapat mendedahkan banyak yang tersembunyi dan tidak ternampak atau diketahui dahulu.

9. Dalam cahaya politik yang terang-benderang kita dapat lihat dan kenal ramai orang yang kita tidak kenal dahulu.

Minister, S'gor police chief under fire

Home Minister Syed Hamid Albar has been urged to apologise for the manner in which the police handled a candlelight vigil in Petaling Jaya on Sunday night.

MCPX

In a press statement, the organiser of the vigil Coalition for Clean and Fair Elections (Bersih) also called on Selangor police chief Khalid Abu Bakar to "take responsibility for his part in this fiasco to resign."

"We are deeply appalled by the unusual manner in which the police dispersed citizens in a peaceful gathering.

“Under 'more normal' circumstances, the police officer in charge would order the crowd to disperse within five minutes before taking any action," read the statement which was distributed during a press conference in Parliament today.

Speaking at the press conference, DAP MP Teresa Kok cited the case of a civilian who allegedly suffered injuries during the vigil held to commemorate the first anniversary of last November’s Bersih rally and to protest against the Internal Security Act.

"A 53-year-old woman named Dian Abdullah was attacked from behind by a few policemen, causing her to fall and injure the back of her head where she received stitches afterwards," claimed the parliamentarian, who also showed a photograph of the victim.

Vigil will continue

Another opposition MP, Dzulkefly Ahmad (PAS-Kuala Selangor) said the 'police violence' was unexpected and at the same time urged the home minister to resign.

"If they dispersed (the people) in such a violent act just to create fear among the public, it will never break our spirit to fight against this," he said.

The politicians also lashed out at the police chief for allowing 'violence' to be perpetrated against DAP leaders Tony Pua and Lau Weng San.

Blogger Haris Ibrahim, who was also present at the press conference, said the candlelight vigil has been taking place every Sunday for the past four weeks.

He vowed that it will continue until all ISA detainees are released and the draconian law is repealed.

"The Selangor state government should also take part in the gathering and they should protect those people who back their policy," he said.

'Police chief lied'

At a separate press conference held in the Parliament lobby this morning, DAP leader Lim Kit Siang took a swipe at the police chief for "lying to the public despite video evidence."

Yesterday, Khalid denied that the police dispersed the crowd when they were singing the national anthem even though a video recording showed otherwise.

"He is an outright liar, he was caught red-handed for lying because the police did disperse the crowd when they sang the national anthem and also without warnings," said Lim.

The veteran politician also said that Khalid should be held responsible for "violating the fundamental freedom of speech" in the country.

"For that, I am urging him to apologise to the public immediately for the lies," said Lim.

A total of 23 people were arrested during the vigil and 22 of them were freed the next morning. Another detainee is being held for further investigations into other cases.

Witness: Offending article not in RPK's computers

A police computer forensic testified today that he could not find the article ‘Let's send the Altantuya murderers to hell' in the central processing unit (CPU) and notebook that was seized from blogger Raja Petra Kamarudin's home.

MCPX

Wa'ie Iskal Kria Abdullah, 38, from the computer forensic division of the Commercial Crime Department also told the Petaling Jaya Sessions Court that he could not find any history of the two equipments being used to access Malaysia Today website between April 11 and April 26 this year.

Replying to questions from DPP Farhan Read, the witness said analysis done on the CPU and notebook revealed the notebook had administrator status to the Malaysia Today website.

Wa'ie Iskal said this showed that Raja Petra was administrator, a person who could gain full access to edit, delete and add anything to the website.

"I used the Solo 3 hardware and Encase software to retrieve data from the two machines seized," he said.

"At the times of testing, the Solo 3 and Encase are working fine."

The witness, who is the seventh produced by the prosecution, said the Solo 3 software was an equipment which would provide back-up to the original hard disk retrieved from the said items.

He was testifying at the trial of the Raja Petra, editor of the Malaysia Today website who is charged with sedition for allegedly writing the said article.

Deleted by user

Wa'ie Iskal said during his three day examination (May 2 to May 4, 2008) of the CPU and notebook, he could not find the said article as required by the investigating officer Mahfuz Abdul Majid

Farhan: What was the finding of your analysis by using Solo 3 and Encase?

Wa'ie Iskal: On examination of the CPU and notebook, I cannot find the said article ‘Let's send the Altantuya murderers to hell'. I also found no data to show that the two equipments were used to access the Malaysia Today website between April 11 and April 26.

Farhan: Why can't you find data on possible access to the Malaysia Today website?

Wa'ie Iskal: I think the data (Internet history) has been deleted by the user.

Farhan: Why do you say that?

Wa'ie Iskal: I found a software which can be used to delete the data showing access to any site. It must have been used or set by the user to delete all temporary files between this date.

Hearing before Judge Rozina Ayob continues.

Raja Petra, 58, was charged with publishing a seditious article titled ‘Let's send the Altantuya murderers to hell' in Malaysia Today on April 25.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum fine of RM5,000 or three years in jail or both.

LYING CAN GET YOU OUT OF A MURDER RAP BUT ONE TOP MATA-MATA CAN'T TO SAVE HIS CHEAP LIFE.

The first and last time my dad belted me was when I sneaked out with my brother and some friends to swim at the Austin Pool (mountain stream) at the foothills of the Maxwell (now Larut) Hills. I lied but there were tell-tale evidence, like a wet pair of trousers. I learnt my lesson well…..if you wanna lie….make doubly sure that there are no evidence to expose you. Of course I deserved the punishment because for a 9 year old to take along his 7 year old brother for a swim at either the Austin or Burmese pool was a no-no where parents are concerned. It is suicidal, considering that it rains everyday in Taiping and a freak storm upstream can come downstream with ferocity and, without any warning, bring with it tree trunks to sweep the unsuspecting frolicker against those boulders and rocks.

I digressed but with a potent point. Lie if you have to, but do it INTELLIGENTLY, which some of us are stupidly incapable of. Like the CPO of Selangor.

I was not in PJ as I had to represent the group in IPOH’s first candlelight vigil at Taman D R Seenivasagam, so I am relying on MALAYSIAKINI’S report:

LIE #1

The PJ vigil was nearing the end but riot police broke up the gathering while some 300 people were singing the national anthem with the intention of dispersing immediately after. Despite video evidence, Selangor police chief Khalid Abu Bakar has denied that the police moved in on participants at a candlelight vigil last night while they were singing the national anthem.

"That is what they (participants) are claiming," Khalid told reporters at the Petaling Jaya police district headquarters about midnight.

When told that there was a video recording of the police action, Khalid replied: “I am denying it.” (He is saying that even if there was video evidence he was going to lie about it…..and that’s somebody who took an oath to protect the rakyat. )

Read More.....

Opposition may table restoration of original Article 121 (1)

by Sharon Tan, THE EDGE

The opposition may table a private member’s bill to amend Article 121 (1) of the Federal Constitution that restores the court’s judicial power if the government fails to do so.

“It is an option that we are considering seriously. We would do it if the government does not do it,” said DAP member of parliament (MP) for Ipoh Barat, M Kulasegaran.

There has not been a private member’s bill since the 1970s. Any constitutional amendment would need two-thirds support of parliament, which means Barisan Nasional MPs would need to vote for it.

“In this country there is no procedure preference given to private member’s bill. If there is private member’s bill preference given, so many of my earlier application would have come up. It will never come up. It will be impossible to see the light of the day,” said Kulasegaran, adding that the opposition may still go ahead with the tabling of such a bill.

The original Article 121(1) conferred the “judicial power of the Federation” on the courts, but in an amendment in 1988, this was replaced by “judicial power vested” in the courts as “may be provided for by federal law”.

Party Keadilan Rakyat (PKR) MP for Subang, R Sivarasa, said passing a private member’s bill was virtually impossible without the blessing of the government.

“So forget about the Article 121 amendment. It is never going to happen. Westminster has moved on and we are still in the boondocks.

“Even our neighbours have moved on, like Indonesia, Thailand and (the) Philippines. The procedure in parliament does not entertain any proposals like motions or private member’s bills of the opposition,” he said adding that even though if they were to file a private member’s bill, the matter would never be debated.

Sivarasa said former minister in the prime minister’s department Datuk Zaid Ibrahim had spoken to the opposition about judicial reforms.

He said Zaid stirred the interest of all parties, including the Bar Council, which wanted to see the doctrine of separation of powers and rule of law restored.

“Zaid was talking to us about a serious reform of the judiciary — first a judicial appointment commission as a constitution commission which will necessitate amendment to the constitution. He was also talking about amendment to Article 121. Unfortunately with his departure, I think all that is gone,” he said.

He said the current minister in charge of the law portfolio, Datuk Seri Nazri Aziz, was not looking at a constitutional commission.

“Which means it is a body that nobody is going to take too seriously and the basic framework of PM appointing judges is not going to change. Zaid was talking to us. We didn’t agree with a lot of what he said but it was a serious process.

“It should be properly done, with consultations and it takes time. Do it with consultation as Zaid had started. Now he (Prime Minister Datuk Seri Abdullah Ahmad Badawi) seems to be rushing purely for political purposes,” said Sivarasa, adding that a non-constitutional commission would not have enough clout.

Meanwhile, Kulasegaran welcomed the decision by the judges in both Datuk Seri Anwar Ibrahim’s and Raja Petra Raja Kamarudin’s cases last Friday.

Judge SM Komathy Suppiah ruled in favour of Anwar last Friday when she found the transfer form (for the case to be transfered from Sessions Court to the High Court for trial) signed by Attorney-General Tan Sri Gani Patail to be invalid.

The judge made the ruling as Abdullah had assured the nation that the AG would not be a part of the trial as the latter was being investigated for allegedly tampering with evidence in Anwar’s trial a decade ago.

In Raja Petra’s case, Judge Syed Ahmad Helmy Syed Ahmad ruled his detention under the Internal Security Act (ISA) as unconstitutional. He said the home minister had not followed the proper procedure under Section 8 of the ISA in issuing the detention order.

Wondering if other judges around the country would stand up against the executive branch of government, Kulasegaran said he hope for “some semblance of (the judiciary) coming to normalcy.” He added that there was a need of a thorough look at the appointment of judges to ensure that the process was transparent.

On Raja Petra’s case, Bar Council president Datuk Ambiga Sreenevasan said: “The decision of the learned High Court judge in the habeas corpus application of Raja Petra Kamarudin gives us hope that our judiciary has acted and will act with courage, integrity and independence when the liberty of an individual is threatened by the arbitrary use of power under the Internal Security Act 1960.”