SHAH ALAM: In an unprecedented move, the father of murder victim Altantuya Shaariibuu has filed a judicial review leave application to challenge the decision of the attorney-general who failed to appeal against the acquittal of political analyst Abdul Razak Baginda.

Shaariibuu Setev wants the A-G to apply for a warrant of arrest for Abdul Razak Baginda

Shaariibuu Setev also wants the A-G to apply for extension of time to appeal against the ruling of trial judge Datuk Mohd Zaki Md Yasin in setting Razak free on Oct 31 without calling his defence.

Razak, 48, is said to have abetted two policemen in the murder of the Mongolian woman.

The A-G, who is also the public prosecutor, did not file a notice of appeal when the deadline expired on Nov 14.

Setev, who filed the application at the Shah Alam High Court yesterday through his counsel Karpal Singh, also wants the A-G to apply for a warrant of arrest to detain Razak or offer him bail pending the outcome of the appeal in the Court of Appeal.

Karpal said Setev, who named the A-G and Razak as respondents, needed to only show that his application was not an abuse of court process to obtain the leave.

He said this was the first time an aggrieved party was taking on the A-G head-on as in the past, the court had ruled that the powers of the A-G could not be questioned.

"But we are doing it now because of new judicial pronouncements in other countries."

Karpal said Razak's lawyer, Wong Khian Kheong, would be served the papers as the counsel wanted to participate in the proceedings to object that the court had no jurisdiction to hear the application.

"I don't mind. He can come in," Karpal said, adding that usually the court only heard the submission of an applicant seeking leave for judicial review.

Karpal, who held a watching brief for the victim's family and the Mongolian government during the trial, said the A-G would be served the papers three days before the hearing, even if he was not party to a matter.

"The A-G has direct interest in this case and I believe he will participate in the proceedings."

Karpal also said he would also file a certificate of urgency for the High Court to hear the matter as soon as possible.

Karpal, in his affidavit to support Setev's application, said the A-G, as the public prosecutor, had the discretion under the Article 145 (3) of the Federal Constitution and section 376 (1) of the Criminal Procedure Code to institute, conduct and discontinue any proceedings for an offence, other than matters in the syariah court, native court or a military court.

He said his firm on Oct 31 wrote to the A-G to file the notice of appeal against Razak's acquittal.

Karpal said five days later, the A-G replied to state reasons why he (A-G) should file an appeal against Razak's acquittal.

Karpal said he responded to the letter on Nov 12, but two days later, deputy public prosecutor Tun Abdul Majid Tun Hamzah publicly stated that the A-G would not appeal Zaki's decision.

Chief Inspector Azilah Hadri, 32, and Corporal Sirul Azhar Umar, 37, are charged with murdering Altantuya, 28, in Mukim Bukit Raja between 10pm on Oct 19, 2006, and 1am the following day.

The two Special Action Squad members are scheduled to enter their defence on Jan 15.

Kapar MP’s resignation start of PKR break-up, says Khir

KUALA LUMPUR, Jan 1 — Former Selangor menteri besar Datuk Seri Dr Mohamed Khir Toyo said today the resignation of Kapar Member of Parliament S. Manikavasagam as the Parti Keadilan Rakyat (PKR) Selangor liaison deputy chairman yesterday was the beginning of the break-up of the party.

“I am saying that this is the beginning for bigger things are yet to come because their (Pakatan Rakyat government in Selangor) promises to the Indian Malaysians (in the state) have yet to be fulfilled,” he told reporters.

The Umno supreme council member had earlier presented gifts to outstanding Ujian Penilaian Sekolah Rendah (UPSR) pupils and Penilaian Menengah Rendah (PMR) students of 2008 at an event organised by the Cheras Umno Youth and Puteri, here.

Dr Mohamed Khir said the Pakatan Rakyat (PR) state government had failed to resolve the problem of Hindu temples in the state.

“I see the problem in the party growing and the Indians will not only resign from their posts but also leave the party,” he said.

Asked to comment on the request by the Indian community for the post of village heads in Indian-majority areas, Dr Mohamed Khir said when the Barisan Nasional (BN) was in power in Selangor, an Indian was appointed to the village development committee in an area where there were only 10 Indian families.

“But that does not happen today,” he said, adding that he was drawing up a strategy for the BN to recapture Selangor in the next general election.

Dr Mohamed Khir also said that since the PR came to power in Selangor, it had yet to implement its election promises such as reducing the assessment rate by 20 per cent for house-owners and 10 per cent for commercial premises, especially given the current economic situation.

“We have given them (PR) nine months. We thought of giving them enough time for their honeymoon. It has been one year now. So, we will launch our move to press the PR government to implement its promises,” he said.

“They have made about 70 pledges. Not one has been implemented. Everything is only on paper, for example the insurance scheme for the elderly and aid for university admittance,” he said.

PR has only made the pledges to garner support and votes and not to implement them, he said. — Bernama

As Hindraf spat worsens, a new Anwar ally emerges

By Baradan Kuppusamy

KUALA LUMPUR, Jan 1 — When the bushfire of Indian dissatisfaction in the PKR threatened to turn into an inferno, party supremo Datuk Seri Anwar Ibrahim, holidaying in the Middle East, called from Dubai and urged a man he trusted to investigate what was really going on, how big it was and why it was happening.

Shadowy businessman Datuk Ravi Dharan, chairman of the Daya group of companies, has always been in the shadows of the PKR, serving only Anwar before and after the March 8 polls and during the run-up to the abortive Sept 16 plan to topple the Barisan Nasional government via defections.

He was close to Anwar when the latter was the finance minister and like other tycoons in Anwar's circle, he suffered after Anwar was sacked and jailed in 1998.

Ravi, 59, went abroad and soon settled down in Indonesia where he has interests in several areas, including coal mining in Kalimantan.

However, unlike Anwar's other former friend Datuk K.S. Nallakaruppan, Ravi remained loyal to the former and was a big supporter — personally and financially — of the opposition leader during the March 8 general election campaign.

Anwar has now become worried that Indian dissatisfaction with his party, centred on the resignation of Kapar MP S. Manikavasagam as the party's Selangor deputy chief, will flare up, and he has sought out Ravi to quell the rebellion.

This will be the political coming out for Ravi who had always remained in the shadows.

It is significant that Anwar did not task any of the more senior party leaders such as deputy president Dr Syed Husin Ali, vice-president S. Sivarasa, seen as the nominal Indian head of the party, Selangor Menteri Besar Tan Sri Khalid Ibrahim, Selangor exco member Dr Xavier Jeyakumar or even PKR Padang Serai MP M. Gobalakrishnan.

"It was to Ravi that Anwar turned too," said a PKR insider, adding that Anwar was worried that a "hidden hand" was manipulating the "rebellion" and splitting the party especially in light of speculation reported in online news website Malaysiakini that PKR rebels together with Hindraf leader P. Uthayakumar and chairman P. Waythamoorthy were in alliance with MIC rebels to oust embattled MIC president Datuk Seri S. Samy Vellu.

Manikavasagam's relationship with Sivarasa and Dr Xavier and possibly Khalid, whom he has accused of betraying the people's trust by not fulfilling election promises, is now beyond repair, PKR insiders said.

Under these circumstances Anwar relied on Ravi as a trusted ally, in the same role once played by Nallakaruppan before their dramatic falling out, to help contain or extinguish the Manikavasagam fire.

Ravi attended a meeting of over 100 Indian supporters of Hindraf/Makkal Sakthi yesterday that discussed the problems raised by Manikavasagam and former PKR deputy secretary-general P. Jenapala.

Both Manikavasagam and Jenapala also attended the closed-door meeting.

"Ravi listened carefully, watched their body language and never uttered a single word," said a PKR supporter who attended the meeting.

Later at the press conference Ravi moved in to take charge, admitting there were differences over issues among the PKR leaders. "This is a democratic process, we meet, we discuss, tell our differences and we seek consensus," Ravi told The Malaysian Insider after the meeting.

"We all have one aim — to make Anwar prime minister — and until then we should remain committed and united," said Ravi.

He was worried PKR's political enemies would exploit the differences.

"We should not give them that opportunity," he told the people gathered. "I don't think there is a hidden hand behind the open airing of differences in PKR."

The meeting resolved that Manikavasagam and others would meet Anwar on his return and lay their unhappiness at his feet for a resolution of the differences.

Nevertheless the discontent is too fundamental to be resolved without upsetting the PKR's delicate racial balance.

The animosity between Manikavasagam and the rest of the PKR Indian leadership cannot be ignored.

The others — Sivarasa, Dr Xavier, Khalid and others — control Selangor PKR and are big names in the PKR setup although at the Makkal Sakthi grassroots level they are lightweights compared with Manikavasagam.

While Manikavasagam sees himself as a Makkal Sakthi founder, he accepts Uthayakumar and Waythamoorthy as his real mentors, and he also has the highest regards for Anwar.

It is left to Anwar to see how best to balance the demands of the big names in the PKR who are all for sacking Manikavasagam and satisfying the Makkal Sakthi grassroots who have adopted PKR as their new political home but want a bigger slice of the largesse.

What Ravi recommends to Anwar will play a crucial role in the balancing act.

POLICE BRUTALITY EXPOSED - POLICE CHIEF & THOSE RESPONSIBLE MUST BE SACKED & PUNISHED

It was widely reported today that the police at the Brickfields Police Station had poured boiling water on police detainee B Prabakar while under their care.

Since this is a very serious allegation, an immediate investigation need to be conducted and the police chief and the Brickfields police chief and those responsible need to be arrested immediately pending outcome of the investigation so that no underhand tactics would be used to cover-up this allegation.

The time has come for responsible people to be made accountable.

The Home Minister should also be suspended and if the investigation reveal such malpractice had taken place, he should be sacked without any benefits whatsoever, since he had failed to perform his duties effectively.

Will the ruling BN government undertake this stern measures or just cover-up this incident as usual.

Lettr from Dr.Mahathir

Dear Mr. President,

I did not vote for you in the Presidential Election because I am Malaysian.

But I consider myself one of your constituents because what you do or say will affect me and my country as well.

I welcome your promise to change. Certainly your country, the United States of America need a lot of changes.

That is because America and Americans have become the best hated people in the world. Even Europeans dislike your arrogance. Yet you were once admired and liked because you freed a lot of countries from conquest and subjugation.

It is the custom on New Year's day for people to make resolutions. You must have listed your good resolutions already. But may I politely suggest that you also resolve to do the following in pursuit of Change.

1) Stop killing people. The United States is too fond of killing people in order to achieve its objectives. You call it war, but today's wars are not about professional soldiers fighting and killing each other. It is about killing people, ordinary innocent people by the hundreds of thousands. Whole countries will be devastated.

War is primitive, the cavemen's way of dealing with a problem. Stop your arms build up and your planning for future wars.

2) Stop indiscriminate support of Israeli killers with your money and your weapons. The planes and the bombs killing the people of Gaza are from you.

3) Stop applying sanctions against countries which cannot do the same against you.

In Iraq your sanctions killed 500,000 children through depriving them of medicine and food. Others were born deformed.

What have you achieved with this cruelty? Nothing except the hatred of the victims and right-thinking people.

4) Stop your scientists and researchers from inventing new and more diabolical weapons to kill more people more efficiently.

5) Stop your arms manufacturers from producing them. Stop your sales of arms to the world. It is blood money that you earn. It is un-Christian.

6) Stop trying to democratize all the countries of the world. Democracy may work for the United States but it does not always work for other countries.

Don't kill people because they are not democratic. Your crusade to democratize countries has killed more people than the authoritarian Governments which you overthrew. And you have not succeeded anyway.

7) Stop the casinos which you call financial institutions. Stop hedge funds, derivatives and currency trading. Stop banks from lending non-existent money by the billions.

Regulate and supervise your banks. Jail the miscreants who made profits from abusing the system.

8) Sign the Kyoto Protocol and other international agreements.

9) Show respect for the United Nations.

I have many other resolutions for change which I think you should consider and undertake.

But I think you have enough on your plate for this 2009th year of the Christian Era.

If you can do only a few of what I suggest you will be remembered by the world as a great leader. Then the United States will again be the most admired nation. Your embassies will be able to take down the high fences and razor-wire coils that surround them.

May I wish you a Happy New Year and a great Presidency.

Yours Sincerely,

Dr Mahathir bin Mohamad

(Former Prime Minister of Malaysia)

HAPPY NEW YEAR 2009

We wish you a happy new year and keep up your support, effort so that we can do much better in the coming year. Our special wishes for all who worked hard for Indian progress especially
Mr.Waythamoorthy and Hindraf.

P Jenapala: Not leaving PKR

Muthupalaniappan wants independent panel to probe claim

Bernama, Dec 31 2008

MIC presidential aspirant Datuk M. Muthupalaniappan wants an independent disciplinary committee to investigate a claim that he had acted in a manner detrimental to the party as per a show-cause notice issued to him.

“I hereby appeal to the CWC (Central Working Committee of the party) to deliberate and appoint a special independent committee to enquire into the alleged complaint, if any,” he said in a letter sent to the MIC, a copy of which was extended to Bernama today.

Muthupalaniappan, who has expressed interest in contesting the MIC presidency in the party election for the post in the first quarter of next year, was issued a show-cause notice by the disciplinary committee on Dec 23 for allegedly acting in a manner detrimental to the interests of the MIC and contravening the principles of the party.

Muthupalaniappan, in a letter dated Dec 30 sent to MIC disciplinary committee chairman Tan Sri G. Vadiveloo, secretary-general Datuk Dr S. Subramaniam, MIC presidential election committee head Datuk K. Vijayanathan and other MIC CWC members, said Vadiveloo “shall be called as a witness” in the case and therefore should not head the disciplinary committee to hear the allegation.

The show-cause notice signed by Vadiveloo, a copy of which was also given to Bernama, states that two news reports, one in a Tamil daily and another on a news website, quoting Muthupalaniappan were deemed to be detrimental to the MIC and had contravened the principles of the party.
“I would like to also state that the allegations that you (Vadiveloo) have levelled against me seem to be based on excerpts of news items which I am unable to understand or recognise unless you, the accuser, provide me the full text of the alleged news items within which the alleged excerpts are contained,” Muthupalaniappan said in his letter.

In the same letter, the presidential aspirant said he and Vadiveloo “can never see eye-to-eye from our days in London” (where both of them were studying in the 1970s) and that with such a history the latter should relinquish himself as the head of the disciplinary committee.

“I hope that the full text of the complaints and the articles being the subject of complaint will be furnished to me in due course and further that my request for the appointment of an independent disciplinary committee is tabled and approved at the CWC meeting in the interest of justice.

“May I also add that when my request is tabled at the CWC meeting, it would be advisable for you, Tan Sri G. Vadiveloo, to excuse yourself from participation in compliance with the rules of natural justice,” Muthupalaniappan said in the letter.

He said he would reply to the show-cause notice officially within 14 days from hearing from Vadiveloo and upon receiving the relevant complaint and press statement concerned.

In separate letters to Subramaniam and Vijayanathan, also dated Dec 30, Muthupalaniappan said he wanted the party to defer the MIC presidential nominations until after his disciplinary matter had been heard.

“In the circumstances, I hereby give you notice that the nominations for the presidential election should not be called before my matter with regard to the show-cause letter to take disciplinary action is settled, otherwise this would deprive me of contesting the presidency at the presidential election,” he said.

Hindraf-PKR love affair ends

S.Manikavasagam resigned his Selangor post today

By Baradan Kuppusamy(Themalaysianinsider)

KUALA LUMPUR, Dec 31 - Parti Keadilan Rakyat (PKR) is staring at a permanent and damaging break with the Hindraf/Makkal Shakti movement after Kapar MP S. Manikavasagam resigned today as the deputy chairman of Selangor PKR.

He blamed the Pakatan Rakyat government in Selangor led by Mentri Besar Tan Sri Khalid Ibrahim for failing to fulfil the promises made to the Indian community during the March general election.

“We feel cheated, we are disappointed, nothing has been done,” he said at a packed press conference at the Crystal Crown hotel in Petaling Jaya.

Manikavasagam remains an ordinary PKR member.

At today’s press conference, he showed open hostility to Khalid, party vice-president R. Sivarasa and Selangor exco member Dr Xavier Jeyakumar, describing them as individuals who have done nothing for the Indians although they claim to be Indian leaders.

“My decision is final,” he said adding however that joining MIC is not an option. “We are exploring several other options and other party leaders have called me. However I will first talk with Hindraf chairman P. Waythamoorthy in India next week before making my next move.”

He said he will also discuss with PKR Ketua Umum Anwar Ibrahim to see whether the opposition leader would offer a fair deal for Indians.

He accused Dr Xavier of holding “too many” positions and alleged that Sivarasa had claimed to be an Indian leader but had not called for a single meeting to discuss Indian woes.

Sivarasa had said previously that as a multi-racial party, PKR cannot have Indian-centric policies and that its leaders represented all races.

However Manikavasagam rubbished that, saying PKR made specific promises to Indian voters and had failed to make good on them.

He also alleged PKR remains Malay-centric and campaigned for the Malay agenda, pointing out that Indians had not been offered positions in GLCs, state agencies and senior positions in local councils.

“Even in Kampung Sentosa where 95 per cent of residents are Indians, Khalid appointed a Malay as the ketua kampung,” Manikavasagam said.

In his two paragraph resignation letter dated Dec 31, Manikavasagam said he was resigning with immediate effect because “PKR did not view his opinions, a person elected by the people, seriously.”

A meeting to be held by over 100 PKR and Indian NGO leaders called by former PKR deputy secretary general P.Jenapala was moved from the Crystal Crown hotel to Grand Pacific for unknown reasons.

The meeting, called to discuss the problems Manikavasagam had with the PKR and how to respond to the PKR shortcomings, started at 4 pm and was also attended by Manikavasagam.

Unlike Dr Xavier or Sivarasa, Manikavasagam has strong roots in the Hindraf and Makkal Shakti movement, having cut his teeth with Hindraf leader P. Uthayakumar and his brother, the movement chairman P. Waythamoorthy.

Manikavasagam rose to prominence with Uthayakumar’s Police Watch NGO before joining PKR and taking up many Indian-based issues including the 2007 death of S. Sujatha, an actress who was romantically linked with Vell Paari, the son of MIC president Datuk Ser S. Samy Vellu.

It would be a big blow to PKR and the PR alliance if Manikavasagam quits the party and joins forces with Uthayakumar and pushes the Hindraf/Makkal Shakti movement away from the opposition into an independent force.

Mike quits S'gor post...

Nasib Pekerja Akan Tetap Diperjuangkan

Akooo menanyakan:

Salam DSAI,

Saya ingin bertanya kepada Dato’ Seri mengenai KWSP.

Sejak kebelakangan ini banyak cerita mengenai kenaikan gaji/pencen kakitangan awam/swasta/OKU/pesara dan lain2 lagi.Memanglah ianya merupakan langkah yang bijak yg diambil oleh pihak kerajaan.Sekurang kurang nya dapat meningkatkan kuasa beli rakyat dan dapat menjana ekonomi negara seterusnya rakyat dapat hidup dengan lebih selesa lagi.

Tapi itu bukanlah perkara yang saya hendak tanyakan.Persoalan saya ialah, bagaimana dengan nasib pekerja2 yang telah diberhentikan kerja(VSS) yang telah melebihi umur 47 tahun.Mereka2 ini kalau hendak cari kerja pun rasanya tak akan berjaya memandangkan kepada usia mereka yang telah lanjut walaupun ada diantara mereka mempunyai kelayakan yg mencukupi dan merupakan golongan2 professional.Bukannya mereka malas bekerja tetapi tidak mendapat tawaran kerja.

Sekiranya mereka ini tidak mempunyai pekerjaan dan duit habuan VSS telah habis, dimanakah mereka akan mendapatkan wang untuk menyara keluarga mereka untuk terus hidup?Apakah mereka harus mencuri,merompak,menyamun,meragut?Kalau hendak berniaga atau menceburi bidang pertanian pun memerlukan wang juga.Pinjam bank?Apakah bank akan bebesar hati memberi mereka pinjaman sedangkan mereka tidak mempunyai sebarang kerja tetap.Macamana nak bayar balik pinjaman?

Apakah bezanya diantara pesara atau orang yg telah pencen dengan orang yg telah diVSS?.Jawapannya,yang si pesara dapat wang pencen tiap2 bulan sedangkan orang VSS tidak dapat apa2 wang pun walhal mereka sama tidak bekerja.Apakah orang2 pencen sahaja yang harus hidup sedangkan orang VSS tak boleh hidup lagi?

Apa yang saya nampak, sumber wang yang ada bagi orang2 yang VSS adalah wang KWSP mereka.Namun ianya tidak dapat dikeluarkan kecuali umur mereka 50 tahun(itu pun dapat keluar satu pertiga sahaja dari simpanan KWSP) atau telah mencapai umur 55 tahun seperti mana yang termaktub pada Akta KWSP.Kalau ditanya kepada KWSP atau Kementerian Kewangan pun saya pasti dan yakin yang mereka akan memberikan jawapan standard iaitu “wang tersebut tidak boleh dikeluarkan kerana akan melanggar Akta KWSP”.

Kalau umur orang VSS tu dah 47 tahun kena tunggu 3 tahun lagi untuk dapat keluarkan wang itu.Dimanakah lojiknya kalau untuk 3 bulan pun mereka belum tentu boleh hidup sebab takda wang inikan pula nak tunggu 3 tahun lagi.Lebih malang lagi kalau mereka mempunyai hutang yang banyak yang perlu dibayar.

Persoalan saya selanjutnya ialah kenapa Akta KWSP tersebut tidak dapat dipinda bagi membolehkan mereka2 yg VSS mengeluarkan wang KWSP mereka walhal wang tersebut adalah wang mereka dan bukannya wang kerajaan.Sebaliknya kerajaan telah menggunakan wang itu untuk pelbagai tujuan yg tak perlu saya sebutkan dan pencaruman hidup dalam kesusahan.Dimanakah keadilan yang selalu dilaungkan2 itu?Apakah menteri tidak mempunyai kuasa2 khas untuk membuat pindaan kepada Akta KWSP itu?Apakah negara akan bankrap kalau orang2 VSS itu mengeluarkan wang2 mereka?Itu hak mereka.

Sekiranya Akta KWSP itu tidak boleh dipinda kenapa sekarang ini macam2 pengeluaran yang telah disediakan oleh KWSP?Seperti contoh, pengeluaran untuk mengurangkan baki pinjaman perumahan bulanan.Setahu saya benda ini tidak ada dizaman2 80an.Baru2 ini pulak kerajaan mengumumkan pulak yang membolehkan pengurangan caruman pekerja kepada KWSP untuk menambah pendapatan boleh guna dan akan merangsang perbelanjaan domestik sekaligus mengekalkan momentum pertumbuhan ekonomi negara.Kalau benar kenyataan ini untuk momentum pertumbuhan ekonomi negara kenapa golongan VSS dipinggirkan?Bukankah jika mereka dapat mengeluarkan wang KWSP itu akan membantu dalam pertumbuhan ekonomi negara.?

Jadi saya amat bebesar hati sekiranya Dato’ Seri dapat menjawap persoalan saya ini dan seterusnya membawa isu ini ke Parlimen demi untuk menjaga kepentingan rakyat dan juga negara.

Sekian, terima kasih.

—–

Saudara Akooo,

Inshaallah nasib pekerja akan kami perjuangkan terus. Malah dalam sesi Parlimen lepas tatkala membahaskan pindaan Akta Pencen, hal tersebut juga dibangkitkan selain keperluan melabur dengan berhemat sebagai amanah membela pekerja dan bukan dana mempertahan kepentingan kroni.

ANWAR IBRAHIM

Malaysia ushers in a new year filled with uncertainty

Fireworks explode above George Town at the stroke of midnight and illuminate the sea around the island - Photos taken from mainland Penang

Malaysians are ushering New Year tonight, making the most of the start of what will be a difficult year ahead. Jobs are likely to be lost as the economy slows or even sinks into a recession. In the meantime, we are entering an equally uncertain period of political transition.

Still, amidst all the gloom, perhaps it would not be too much to hope that we can come up with creative, sustainable solutions to empower workers and marginalised communities and to transform the economy, promoting social justice and self-sufficiency while protecting the environment.I wish all of you a very happy new year and peace and blessings in the coming year. I know you may not always agree with me but I hope this blog encourages a rational discussion of the issues that matter and we can continue to learn from one another despite our differences of opinion.

Police alleged to have splashed hot water on detainee