Malayur News: 02/25/09

Wednesday, 25 February 2009

Kulim: A few questions for CID chief

I refer to the Malaysiakini report Six killed in shootout with cops.

The police CID chief’s version of events related to the fatal shooting of six suspects in Kulim…

I refer to the Malaysiakini report Six killed in shootout with cops.

The police CID chief’s version of events related to the fatal shooting of six suspects in Kulim raises more questions than provides answers. To quote the CID Chief, Bakri Zinin, ‘We had that gang under surveillance for two years. We identified ourselves but they opened fire.

'My men were simply defending themselves. We, too, have the right to defend ourselves, especially when we know the men are armed and dangerous.’

The first question that comes to mind is why were these suspects not arrested earlier if the police had them under surveillance for two years and especially since they knew that they were armed and dangerous? Did it take the police two years to locate and raid this house occupied by the suspects?

The next rather obvious question is how and when did the police identify themselves to the suspects? Bakri Zinin says that the police raiding team comprised CID officers and personnel from Bukit Aman, Penang, Perak and Kedah.

This suggests a planned operation during which the police would have had ample time to stake out the area, cordon off the house and warn the suspects inside of intended police action. Could the CID chief explain what actions were taken to warn the suspects of the intent of the police to use lethal force?

The Kedah police chief Syed Ismail was quoted by Bernama as saying that when the policemen barged into the house and identified themselves, six men between the age of 20 and 50, fired several shots at them, and in defence, the police fired back and the shots hit the six suspects.

Is it standard police practice to barge into homes of suspects and identify themselves especially when they had prior information that the men were armed and dangerous? Is this not reckless action putting the lives of both policemen and suspects at unnecessary risk?

The CID chief also says that a semi-automatic Smith & Wesson 9mm with seven rounds of ammunition and a .38 revolver with five bullets were recovered from the bodies.

Presumably only one or two men with two guns could have fired several shots at the police which resulted in the police firing back.

How is it then that the four or five unarmed suspects were also fatally shot when the police were acting in self-defence? Could Bakri Zinin perhaps explain how many rounds were fired by the suspects and how many by the police in self-defence and what actions were taken to avoid shooting the unarmed suspects?

It is rather amazing that the four women in the house were not shot. The CID chief might explain how these four women managed to escape the crossfire between the suspects and the police but not the unarmed men?

Were all six suspects albeit with two guns shooting at the police from only one area of the house while the four women were all safely hidden some where else in the house?

Forensic and ballistics tests will reveal exactly how and where the men were shot. Presumably Bakri Zinin will ensure that a thorough investigation including these tests will be carried out as required by law and the findings disclosed to satisfy all concerned parties that the police acted professionally.

In framing his response, perhaps Bakri Zinin could refer to two articles from The United Nations Basic Principles for the Use of Force and Firearms by Law Enforcement Officials (UN Basic Principles), which are widely adopted by police throughout the world including presumably by the PDRM.

Article 9: ‘Law enforcement officials shall not use firearms against persons except in self- defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives.

In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.’

Article 10:’ In the circumstances provided for under Article 9, law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.’

The CID chief expressed outraged by the reactions of NGOs and certain politicians on questioning the police action. He might want to consider that perhaps the PDRM track record may warrant such reactions: 635 persons were shot dead by PDRM from 1989-1999 based on an Asian Human Rights Commission report and figures revealed in Parliament (more recent statistics are unavailable).

For comparison, during the same period in the UK (with a population almost 2.5 times larger than Malaysia) there were 24 cases of persons shot dead by police. Surely something is not right?

Bakri Zinin and his Bukit Aman colleagues should welcome the establishment of the proposed Independent Police Complaints and Misconduct Commission (IPCMC) in order to help them see clearly what is not right and needs to be fixed in order to safeguard the future of both the PDRM and Malaysians.

AKHIRNYA TINGGAL EMPAT EKOR RAJA – BAHAGIAN 2

DARI JELEBU

Hishamuddin Rais

Apa yang berlaku di Perak pada bulan Januari 2009 tidak banyak perbezaan seperti mana ianya pernah berlaku di Eropah di Zaman Gelap. Kaum feudal telah cuba…

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DARI JELEBU

Hishamuddin Rais

Apa yang berlaku di Perak pada bulan Januari 2009 tidak banyak perbezaan seperti mana ianya pernah berlaku di Eropah di Zaman Gelap. Kaum feudal telah cuba melawan arus Pencerahan. Dari segi sejarah, kaum feudal di tanah Melayu yang di bajai oleh penjajah British ini telah menerima satu pukulan pada tahun 1993. Ini bila dipinda Perlembagaan yang membolehkan kaum feudal di saman. Sebenarnya ini hanyalah langkah kompromi diantara kelas kaum peniaga dengan kaum feudal.

Epilog : Satu malam di kota Rom, Faroq sedang berpoya-poya bermain daun trup. Faroq di kelililingi oleh gundek-gundek Kavita dan Kaur. Mereka sedang bersantai minum-minum champagne. Kavita dan Kaur gundek Faroq telah bertanya apakah dia akan pulang ke Mesir untuk menjadi raja kembali.

Ini jawapan Al- Malik Fārūq al-Awwal …' akhirnya dalam dunia ini akan tinggal 4 ekor raja sahaja….Raja Diamond, Raja Spade, Raja Kelawar dan Raja Lekuk…. ' (Minggu lalu).

Zaman Gelap – adalah zaman dimana gulungan agamawan telah bersekongkol rapat dengan tuan-tuan tanah dan kaum feudal. Rompakan dan kejahatan kaum feudal telah di 'halalkan' oleh gulungan agamawan. Fatwa dan fatwi telah di keluarkan oleh para agamawan untuk memastikan tuan tanah dan kaum feudal sentiasa menang. Hasilnya dua kumpulan ini berkenduri kendara dalam kemewahan hidup.

Tanah, hasil pertanian, ternakan malah anak isteri kaum tani yang di rampok oleh kaum feudal semua di 'halal 'kan oleh gulungan agamawan. Dalam masa yang sama tenaga kerja kaum tani selalu di perah secara percuma untuk menambahkan lagi kekayaan kaum feudal dan kaum agamawan.

Sampai ke satu ketika kejelekan kaum agamawan telah menjadi lawak bodoh - jika kita lihat dalam konteks hari ini. Fatwa telah dikeluarkan - sesiapa yang melakukan kesalahan mereka pasti akan menerima balasan dan di masukkan ke neraka. Janji neraka ini amat-amat menakutkan kaum tani pada ketika itu.

Janji neraka ini ada tapinya. Yang bersalah tidak semestinya akan di hantar ke ke neraka jika yang di tuduh sanggup membayar harga dosa mereka. Dosa-dosa ini boleh ditimbang tara dengan berat dinar emas dan perak. Jika sanggup membayar emas dan perak maka dosa ini akan di ampunkan dengan serta merta oleh kaum agamawan. Amat jelas disini pengeluaran fatwa dan fatwi pergi ke neraka ini telah menjadi satu industri dimana kaum agamawan telah berjaya mengumpul harta kekayaan.

Tipu helah dan silap mata kaum agamawan, tuan tanah dan kaum feudal ini mula di hambat oleh kaum tani apabila kaum tani mula menerima masuk idea-idea rasional. Idea dan pandangan rasional inilah yang memajukan Eropah sehingga kita melihat Eropah yang wujud pada hari ini.

Harus di sedari bahawa pemecah ruyung membuka jalan pencerahan adalah gulungan agamawan juga. Jangan tersilap, sejarah Zaman Pencerahan di Eropah bukan bermula di Florence atau Venice tetapi berpunca di Kota Baghdad dengan wujudnya Baitul Hikhmah – Gedung Ilmu. Gedung Ilmu ini di dirikan oleh Khalifah Haron Al-Rashid (763 – 809) untuk melakukan kajian ilmu dan menterjemahkan buku dan kitab-kitab kuno Yunani yang telah di tinggalkan oleh warga Eropah yang masih dibaluti oleh Zaman Gelap.

Dari pengaruh Gedung Ilmu ini maka munculah diantaranya Al-Farabi , Ibnu Sinna dan Ibnu Rushd - ahli falsafah, ilmuan dan pemikir Arab, Afghan dan Parsi yang membawa idea rasional untuk pencerahan dunia. Mereka inilah diantara puluhan pemikir falsafah agamawan Islam yang membawa idea pencerahan.

Al-Farabi membuka kembali pandangan dan pemikiran Aristotle. Pandangan Socrates, Plato dan Aristotle inilah yang menjadi induk dan asas falsafah keilmuan di Baitul Hikmah Baghdad. Para falsafah ini menggunakan akal dan fikiran mereka yang rasional untuk memahami ayat-ayat Quran.

Bagitu juga di Tanah Melayu gulungan agamawan telah memainkan peranan yang penting dalam melahirkan pencerahan dan kesedaran jati diri. Dari awal lagi kaum agamawan melalui ajaran agama telah sama-sama bangun menentang penjajah – Belanda, Portugis, Inggeris dan Jepun.

Tetapi, sejarah tamadun manusia bukan satu jalan yang lurus. Kadang kala ianya berulang-ulang. Bagitu juga terjadi di tanah air kita. Pencerahan yang baru bermula tiba-tiba tergendala dengan kemasukan kuasa British pada tahun 1874 melalui Perjanjian Pangkor.

Di zaman British rakyat di Tanah Melayu, tarafnya sama dengan taraf warga di negara-negara Asia, Afrika dan Amerika Latin. Zaman Penjajah tidak jauh bezannya dari Zaman Gelap. Warga yang di jajah samalah seperti kaum tani yang harta kekayan mereka di rompak oleh kaum feudal – kini yang merompak ialah kaum penjajah.

Tujuan menjajah ialah untuk mengumpul dan merampas harta kekayaan negara yang di jajah. Justeru British telah mula bersekongkol dan menjalankan kerjasama dengan kaum feudal dan kaum agamawan. Persekongkolan mereka ini dilakukan agar cita-cita penjajah untuk mengambil hasil tanah jajahan tidak di ganggu gugat.

Justeru dimunculkan Raja di Saudi Arabia, Jordan dan Iraq – walhal Raja-Raja ini tidak pernah wujud di zaman Nabi Muhamad. Dalam ajaran Islam tidak wujud konsep raja. Dalam Islam semua manusia sama disisi Yang Maha Esa. Islam pada awalnya dianggap radikal dan revolusiner kerana menentang feudalisma dan penindasan. Malah konsep kesamaan derajat di kaca mata Tuhan inilah yang menjadi daya tarikan untuk membuka Zaman Pencerahan dan meruntuhkan kuku besi kaum feudal dan kaum agamawan di Eropah.

Di Tanah Melayu penjajah Britsish telah memupuk dan membaja kaum feudal agar mereka boleh menjadi orang perantaran di antara rakyat dengan kuasa British. Kaum agamawan juga telah di rekrut sama. Justeru terjadi persekongkolan tiga kumpulan seperti di Zaman Gelap – penjajah, kaum feudal dan kaum agamawan. Kaum agamawan sama seperti kaum agamawan di Eropah di Zaman Gelap akan mengeluarkan fakwa dan fatwi untuk ' menghalal'kan tindakan penjajah dan kaum feudal.

Tetapi idea Pencerahan tidak dapat lagi di padam-padamkan. Satu demi satu kaum feudal di Timur Tengah di hapuskan. Kaum feudal di Timur Tengah yang wujud pada hari ini sedar bahawa mereka diwujudkan kerana mereka menjaga kepentingan ekonomi kaum imperial Anglo-Amerika.

Yakinlah, apabila kepentingan kuasa imperial ini habis i.e telaga minyak telah kering - maka mereka juga akan terbungkus sama. Ini adalah hukum sejarah yang telah di teroka oleh Pencerahan.

Apa yang berlaku di Perak pada bulan Januari 2009 tidak banyak perbezaan seperti mana ianya pernah berlaku di Eropah di Zaman Gelap. Kaum feudal telah cuba melawan arus Pencerahan. Dari segi sejarah, kaum feudal di tanah Melayu yang di bajai oleh penjajah British ini telah menerima satu pukulan pada tahun 1993. Ini bila dipinda Perlembagaan yang membolehkan kaum feudal di saman. Sebenarnya ini hanyalah langkah kompromi diantara kelas kaum peniaga dengan kaum feudal.

Dalam krisis Perak ini kita juga membaca dan mendengar bagaimana ada gulungan agamawan yang mengeluarkan fatwa untuk 'menghalalkan' tindak tanduk gulungan feudal. Ini tidak menghairankan. Ini telah pernah berlaku di Eropah ketika Zaman Gelap.

Sayugia di ingati idea Pencerahan Al-Farabi, Ibnu Sinna, Ibnu Rushd telah mempengaruhi William Harvey, René Descartes, Spinoza dan mempengaruhi Karl Marx, Bakunin, Lenin yang terus pula menpengaruhi Jean Paul Sartre yang kemudian mempengaruhi Ali Shariati. Idea Pencerahan Ali Shariati telah menumpaskan Raja Segala Raja Ahmad Reza Pahlavi pada tahun 1979.

Sejarah berulang-ulang. Kadangkala ke hadapan. Kandangkala mengundur. Tetapi idea dan falsafah Pencerahan akan terus bersinar. Justeru ketika ini kita juga melihat ada kumpulan dan gulungan agamawan Islam telah muncul secara positif ke hadapan untuk mendirikan benteng menghalang kaum feudal membawa Zaman Gelap datang sekali lagi ke dalam budaya negara kita.

Pencerahan telah menobatkan idea rasional dimana manusia ini adalah sama derajatnya di mata Yang Maha Esa masih lagi relevan dan satu idea yang revolusineer pada ketika ini terutama di Perak.

Azmin wants to know who is lying in the Labu LCCT fiasco

Federal govt sabotages Selangor

By Tony Pua, Charles Santiago, William Leong and Dr Dzulkifli Ahmad

THE Selangor state government made an offer on 13 Feb 2009 to four privatised water service providers — Puncak…

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By Tony Pua, Charles Santiago, William Leong and Dr Dzulkifli Ahmad

THE Selangor state government made an offer on 13 Feb 2009 to four privatised water service providers — Puncak Niaga Sdn Bhd (PNSB), Syabas, SPLASH and Abass — to acquire their water assets and concessions.

The combined RM5.71 billion offered was made with the objective of delivering the lowest possible water tariffs for Selangor and Kuala Lumpur residents. At the same time, the offer was consistent with, and guided by, the terms and conditions specified in the concession agreements signed willingly by all parties involved.

It was a comprehensive offer because it encompassed the audited asset value of all water-related assets, as well as a very fair and reasonable return to the capital invested by the respective concessionaires.

However, before the concessionaires were able to respond to the state government’s offer by 20 Feb, we were shocked that the Energy, Water and Communications Ministry, via Datuk Teo Yen Hua, the CEO of the National Water Services Commission (SPAN), announced on 18 Feb that the federal government would proceed to negotiate directly with the water concessionaires.

Instead of supporting the state’s offer, SPAN intentionally threw a spanner in the works to sabotage the Selangor state’s attempt at delivering the lowest possible water tariffs to the people.

With an alternative competing offer that will not only encompass higher cash valuation but also more lucrative terms and conditions from the federal government, SPAN has single-handedly destroyed any likelihood of a positive response from the concessionaires to the state government. It was not surprising that the concessionaires rejected the state government’s offer on 20 Feb.

We would like to call upon the minister to explain his ministry’s actions in sabotaging the efforts of the Selangor government.

We would also like to reiterate our position that if the offer from the federal government to acquire these assets and concessions is at the same price or lower than what the Selangor government has offered, we will not only agree to let the federal government lead the negotiations, but we will also provide the ministry with our full support and cooperation.

If, however, the ministry offers the concessionaires a much higher cash value for its assets as well as lucrative licence terms for them to continue as the water operators in the state, the minister must explain why he is forsaking the rights and interest of the 7.3 million Selangor and Kuala Lumpur population.

We would also like to emphasise to the minister that under the law, particularly the Water Services Industry Act 2006, as well as the terms of the current concession contracts, the Selangor state is a counter party to all previous and future agreements.

Hence, the attempt by the federal government to unilaterally negotiate with the concessionaires is illegal and will be subjected to future dispute and complications.

Therefore, we call upon the federal government to respect the rights of the state, and let the Selangor government proceed with the negotiations with the concessionaires in the interest of the people of Selangor and Kuala Lumpur.

Tony Pua, MP Petaling Jaya Utara
Charles Santiago, MP Klang
William Leong, MP Selayang
Dr Dzulkifli Ahmad, MP Kuala Selangor

On behalf of the Selangor Water Review Panel
Kuala Lumpur, 23 Feb 2009

Sultan sympathises with Eli but won't interfere

KUALA LUMPUR, Feb 25 – The Sultan of Selangor is unhappy that Eli Wong’s privacy has been violated but he does not want to be involved in a decision about…

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KUALA LUMPUR, Feb 25 – The Sultan of Selangor is unhappy that Eli Wong’s privacy has been violated but he does not want to be involved in a decision about her political career.

The sultan’s private secretary, Datuk Mohamad Munir Bani, said this was expressed by the sultan when Menteri Besar Tan Sri Abdul Khalid Ibrahim had an audience with the ruler today to brief him on the political developments in the state and to get his advice on the issue involving Wong, who had offered to resign because of the pictures.

“The sultan had commanded me to inform that his royal highness could not offer any guidance or advice to the menteri besar in the matter related to Wong as it was still under police investigation and that it involved her political position.

“It is his stance as the Sultan of Selangor to be above politics,” Mohamad Munir said in a statement sent to Bernama here today.

Following is the full statement by the Sultan of Selangor, Sultan Sharafuddin Idris Shah, over the controversy involving Bukit Lanjan state assemblyman Elizabeth Wong.

I am pleased to inform that Yang Amat Berhormat Tan Sri Dato’ Abdul Khalid Bin Ibrahim, the Dato’ Menteri Besar Selangor has sought an audience with His Royal Highness, The Sultan of Selangor, on Wednesday, 25th February 2009 and duly informed His Royal Highness on the political development and the issue which involved Yang Berhormat Elizabeth Wong Keat Ping, the Selangor State Assemblyman for Bukit Lanjan who is also the State Selangor Exco Member.

His Royal Highness, The Sultan of Selangor, has commanded me to inform that His Royal Highness could not offer any guidance or advice to the Yang Berhormat Dato’ Menteri Besar of Selangor in the matter related to the issue of Yang Berhormat Elizabeth Wong Keat Ping as it was still under police investigation and it involved her political position. It is His Royal Highness’ stance as the Sultan of Selangor to be above politics.

His Royal Highness believes that whatever decision that is going to be made by the Yang Amat Berhormat Dato’ Menteri Besar of Selangor will made with accurateness, fair and with wisdom by taking into consideration the interest of the Rakyat in particular and the State of Selangor generally. His Royal Highness is upset and worried as of late the intrusion of someone’s privacy and private rights was being used to destroy one’s dignity and reputation. It is a sad thing as one’s life and private rights were being made public and subject to public scrutiny by publicising in the mass media.

To Yang Berhormat Elizabeth Wong, His Royal Highness felt sad and sympathised with her as to the unfortunate event she had suffered and hoped that Yang Berhormat Elizabeth Wong will remain calm and be patient in continuing with her life henceforth.

Dato’ Haji Mohamad Munir bin Bani

Dato’ Lela Bakti Private Secretary to His Royal Highness

The Sultan Of Selangor

Wong, 37, tendered her resignation to Khalid on Feb 17.

She is now believed to be abroad and has reiterated her stand to resign as state assemblyman and also state executive councillor despite advice from the Parti Keadilan Rakyat (PKR) leadership to reconsider her decision while on leave.

Wong, who is Wanita PKR information chief, won the Bukit Lanjan state seat in the March 2008 general election after defeating Barisan Nasional's Datin Paduka Yong Dai Ying with a 5,155-votes majority. – Bernama

Anti corruption is a waste

PKR Youth leader Badrul Hisham Shaharin or Chegubard (second from left) and other members of the party burn some documents at the entrance of the Malaysian Anti-Corruption Commission headquarters in Putrajaya today. — Picture by Choo Choy May

ICAC’s praise for MACC “a good start for Malaysia to battle graft” – a supreme insult!

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The Star headline, “Good start, says Hong Kong’s ICAC”, quoting the deputy commissioner and head of operations of Hong Kong’s Independent Commission Against Corruption (ICAC) Daniel Li for the creation of the Malaysian Anti-Corruption Commission (MACC) officially launched by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi yesterday is no real praise but a supreme insult causing self-respecting Malaysians to cringe at such a serious indictment of Malaysia’s anti-corruption record whether in the 22-year premiership of Tun Dr. Mahathir Mohamad or the five-year Abdullah premiership.

When the Anti-Corruption Agency (ACA) was founded in 1967 under the first Director-General Tan Sri Harun Hashim, the ACA’s public standing as an independent anti-corruption agency both regionally and internationally was highest in its 41-year history.

Unfortunately, after Tan Sri Harun Hashim’s tenure, the ACA had not been able to build on the public confidence enjoyed by the ACA.

Otherwise, the ACA should have become a premier anti-corruption body in the world instead of allowing the Hong Kong International Commission Against Corruption (ICAC) which was formed seven years after the ACA in 1974 to establish the international reputation as one of the best known and successful organisations dedicated to addressing issues of corruption in both the public and private sectors, to the extent that the Malaysia has to learn from ICAC, when it should be Hong Kong having to learn from the ACA!

This is the second time that Malaysia is trying to emulate ICAC. The results of the first effort when the Anti-Corruption Act 1997 was enacted had been disastrous with Malaysia taking a nosedive from No. 26 in the 1996 Transparency International (TI) Corruption Perception Index (CPI), falling 21 places in 12 years to No. 47 in the 2008 TI CPI.

In this period, Malaysia had deteriorated both in CPI ranking and score, with ranking slipping from No. 26 to No. 47 while the CPI score fell from 5.32 in 1996 to 5.1 in 2008 (10 perceived as “highly clean” while 0 perceived as “highly corrupt).

In contrast, other Asian countries have either improved both their rankings or scores or both, viz:

1996 2008
Singapore 7 (8.80) 4 (9.2)
Hong Kong 18 (7.01) 12 (8.1)
Japan 17 (7.05) 18 (7.3)
Taiwan 29 (4.98) 39 (5.7)
South Korea 27 (5.02) 40 (5.6)
Malaysia 26 (5.32) 47 (5.1)

Will Malaysia’s ranking and score in TI Corruption Perception Index fall even lower with the MACC Act, just as they fell even lower from 1997-2008 after the passage of the Anti-Corruption Act 1997?

The very fact that this question is posed at the very start of the MACC is a reflection of the failure of the MACC to command unquestioned national and international confidence in its independence, impartiality and professionalism in its first six weeks of operation – particularly with the bias and unprofessionalism shown by the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan in his comment on the “car and cows” investigation involving the Selangor Mentri Besar Tan Sri Khalid Ibrahim.

The MACC Deputy Commissioner Datuk Abu Kassim Mohammad missed the point altogether about the critical importance of maintaining public confidence in the MACC’s independence, impartiality and professionalism when he came to the defence of the Chief Commissioner, claiming that Ahmad Said had acted within the law when he commented about the Selangor Mentri Besar.

Can Ahmad Said cite a single instance where he had done the same thing with regard to corruption investigations involving top Barisan Nasional leaders?

S’gor MB probes Saudi apartments purchase in 2007

Selangor Menteri Besar Khalid Ibrahim has hit back with queries over the purchase of a dozen apartments in Saudi Arabia in 2007 by a wholly owned Selangor government subsidiary, Permodalan…

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Selangor Menteri Besar Khalid Ibrahim has hit back with queries over the purchase of a dozen apartments in Saudi Arabia in 2007 by a wholly owned Selangor government subsidiary, Permodalan Negeri Selangor Berhad (PNSB).

These must be some apartments: they cost about RM2 million each.

In a press release issued by his office tonight, he put the spotlight on a puzzling set of transactions. This is an excerpt from the press statement:

According to the PNSB Directors Circular Resolution dated 14 September 2007, PNSB had approved for the purchase of five units of properties amounting to RM8,352,427.66.

However, records showed that PNSB had between September 17, 2007 and September 19, 2007 transferred RM25,603,545 to Saudi Arabia for 12 units of properties. Between September 25, 2007 and October 3, 2007 PNSB received cheques amounting to RM17,251,092 from an individual – said to be for the purchase of seven units from PNSB at the price PNSB had paid for. No official receipt was issued to acknowledge it.

Subsequently, in 2008 it has come to the attention of Board of Directors that PNSB prepared and signed four cheques amounting to RM8,000,205.20 to an individual. The individual is the same person who had earlier handed over cheques to PNSB amounting to RM17,251,032 stated above.

However, three of the four cheques prepared and signed by authorized signatories were then cancelled. The fourth cheque amounting RM2 million was released and banked in into the account of the individual. PNSB then arranged with the bank to stop payment.

Between the date of the acquisition of the additional seven units making a total of 12 units and the disposal of the seven units leaving five units in the hand of PNSB, there was no Board of Directors Meeting or Board of Directors Circular Resolution for the transaction.

Up to the point of issuance and cancellation of cheques to the individual, no Board minutes or circular resolution were made.

It should be noted that the acquisition was made in the name of the then PNSB Chairman Dato Sri Dr. Khir Toyo as Saudi requirement that properties within the Mecca must be in the name of Muslim individuals. At the Board of Directors meeting on December 2007 Dr Khir disclosed the facts the properties are in his name but assured that he will not be making any claim over the property. However, there was no mention of the exact number of units held by him.

The above actions are certainly puzzling. Why did PNSB pay more than RM25 million when the board only approved about RM8 million for five units? Why did it then accept about RM17 million – said to be for the sale of the seven units? Why did it then attempt to re-purchase the units it had sold off?

Menteri Besar Tan Sri Abdul Khalid Ibrahim, who is the chairman of MBI, intends to find the answers to the above questions and will not hesitate to take strong action should there be any criminality involved.

Onee big question is, why is a Selangor government subsidiary buying and selling apartments in Saudi Arabia?

-Anilnetto

Nizar vs Zambry: Judge recuses himself- Malaysiakini

Kuala Lumpur High Court judicial commissioner Mohamad Ariff Md Yusof today decided to recuse himself from hearing the case of who is the rightful Perak menteri besar.

MCPX

This comes,…

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Kuala Lumpur High Court judicial commissioner Mohamad Ariff Md Yusof today decided to recuse himself from hearing the case of who is the rightful Perak menteri besar.

MCPX

This comes, after Mohamad Ariff, a former senior partner of law firm Cheang and Ariff and a former PAS member, decided to disqualify himself from hearing the case following an objection from the Attorney-General’s Chambers.

Perak Legal Advisor Ahmad Kamal Mohd Shahid, who has said he is representing respondent Zambry Abdul Kadir, had also voiced his client's objection to Ariff hearing the case.

Representing ousted Pakatan Rakyat Menteri Besar Mohd Nizar Jamaluddin is senior counsel Sulaiman Abdullah, who leads a team of eight lawyers.

The AG's Chambers is represented by Kamaluddin Md Said and Suzana Atan.

Counsel Mohd Hafarizam Hashim held a watching brief for BN.

In an immediate reaction, Nizar said he respects the judge's decision.

"The legal battle will go on and we are confident of winning," he said.

"This is going to be the beginning of a very interesting case. We're very optimistic indeed, very much.

"And in respecting the judge's decision to recuse himself, this shows we're law-abiding citizens of a civil society," he added.

Court's interpretation of Perak constitution sought

Nizar has filed the suit against Zambry to determine who is the rightful candidate for the post, following the collapse of the Perak government earlier this month.

The suit seeks an interpretation of Article 16(6) of the Perak constitution on whether the menteri besar’s post can be vacated when:

The menteri besar had advised the ruler on a dissolution of the state legislative assembly;

There was no dissolution of the assembly;

There was no motion of confidence against the menteri besar in the state legislative assembly; and

The menteri besar did not resign.

In his application, Nizar said Zambry should cite the authority that allows him to legitimately become the BN-designated menteri besar.

Nizar is also seeking a declaration that Zambry has no right to be the menteri besar at any material time plus an injunction to prevent Zambry or his agents from continuing his task and role as the menteri besar.

There is also a claim for punitive, aggravated and exemplary damages together with costs.

The application for recusal will also hear the leave application; whether the Perak legal advisor can represent Zambry; and whether Nizar wants to take the matter up directly with the Federal Court as it involves an interpretation of the constitution.

Ariff had on Feb 18 disclosed that he has acted as an adviser to PAS and PKR and had represented BN in a Sarawak election petition case.

He was appointed judicial commissioner on Sept 15 last year. It was reported that he had also contested the Kota Damansara state seat in the 2004 general election on a PAS ticket.

Rakaman Ceramah Anwar Ibrahim di Bintulu pada 21hb Feb 2009

Part 1

Part 2

Part 3

Part4

Paradigm shift as opposed to window-dressing

Reforms can’t be achieved through window-dressing. It involves a paradigm shift. It involves revolutionary changes. Sometimes the mere ballot can’t achieve this. Sometimes only the bullet can bring about the…

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Pak Lah proud of judiciary reforms and MACC work
New Straits Times

Changes in the judiciary and forming the Malaysian Anti-Corruption Commission (MACC) are among the achievements that Prime Minister Datuk Seri Abdullah Ahmad Badawi is proud of. “Changes are already done in the judiciary. On combating corruption, the MACC has already been established to further strengthen efforts,” he said during a dinner organised by the Kuala Lumpur Business Club at a hotel here last night.

“It may not be the best, but it is a beginning. I am confident that there will be more amendments to improve the legislations,” Abdullah said, adding that he was happy to have been able to fulfil what he had set out to accomplish.

He said the people must be responsible despite having an increased level of freedom to express themselves during his tenure as Prime Minister. “I know I have a higher level of tolerance but if we were to allow more freedom, the people must be responsible. The media as well as bloggers should also be more responsible when disseminating information,” Abdullah said.

Asked whether he would follow former Prime Minister Tun Dr Mahathir Mohamad’s footsteps and blog after he steps down, Abdullah said: “I’m not going to blog. But I would love to play more golf and plant vegetables as well as grow fruit trees.”

He also urged the public to continue to work hard during the global economic crisis as the nation has weathered many challenges in the past. “We must also believe in our ability to survive. That is, in fact, my personal philosophy,” he added.

Abdullah said although the private sector was usually the agent of growth during such economic downturns, the Government must be the agent of economic recovery. “This is because we can execute policies and changes to boost the troubled economy. This is what we have to do and it is what we are doing,” he said.

Asked to divulge the focus of the second stimulus package, Abdullah asked the people to be patient, as he would announce its details on March 10. “The various ministries were asked to give suggestions on what to include in the package. But what is more important is that effective spending is practised,” he said. “We can have a larger package this time but it must be implemented wisely or else it would be a waste of money,” he added.

Abdullah said the country’s aim to achieve growth this year despite the economic crisis was still realistic if the task was given priority. “Such effective spending must be targeted at specific projects to improve the country’s performance and growth,” he said, adding that the plan must also ensure that retrenchment is minimised.

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Police reports lodged against MACC head
Charles Ramendran, The Sun

Members of the Pakatan Rakyat coalition lodged police reports today against the Malaysian Anti-Corruption Commission's Chief Commissioner Datuk Seri Ahmad Said Hamdan over his alleged discriminate disclosure on the corruption probe on Selangor Menteri Besar Tan Sri Khalid Ibrahim last week. PKR National Youth wing leader Shamsul Iskandar Mohd Akin said a total of 36 police reports have been lodged nationwide urging police to probe Ahmad Said for making allegedly making a reckless statement over the investigations on Khalid.

"The investigation papers are confidential documents and the law clearly states that only the Attorney-General decides if the case should go to court but Ahmad Said has done otherwise by making the statement," he said.

Earlier, at 1.15pm at the Shah Alam district police headquarters Shamsul accompanied Selangor PKR Youth chief Khairul Anuar Ahmad Zainuddin and Selangor Pas Youth deputy chief Kamal Hassan both who lodged police reports on the matter. Khairul said Ahmad Said had gone against lawful procedures when he revealed that the MACC has enough evidence to charge Khalid.

"By making the statement, Ahmad Said had assumed Khalid is guilty and was trying to influence the AG Chamber's decision on the case. This is very serious as Tan Sri Khalid Ibrahim is the Menteri Besar of Selangor and such irresponsible statements coming from the highest official of the MACC can be detrimental to the state," he said.

Khairul said the MACC should work at equal speed and efficiency investigating the tens of police reports of graft allegations lodged against former Selangor Menteri Besar Datuk Seri Mohd Khir Toyo in the past. "There are at least 60 graft reports against Khir where it's status remains unknown. How is it they were not probed by the MACC with the same promptness given to Khalid's case," he questioned.

Ahmad Said had made statement to the media last week saying the MACC had enough evidence to charge Khalid over two allegations of graft namely - the use of state funds in purchasing cows for slaughter and for the maintenance of his sports car. His statement drew flak from Khalid's fellow coalition members who lambasted the MACC head for being biased in handling the case.

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Let’s get one thing very clear, Pak Lah. Sending a thief to catch a thief is NOT called reforms. Reform means Hijrah. Other words you can use in place of reforms are renaissance, change, transform, revolutionise, alter, new beginning, modify, amend, adjust, make changes, correct, fine-tune, tweak, polish-up, etc.

I really don’t know how long you still have as Malaysia’s Prime Minister. Many say you will be gone in just over a month. Some say, with wishful thinking in their voices, you shall stay on beyond 1 April 2009. I suppose you can always phone Najib Tun Razak on 1 April and say to him, “April fool!” That may help Rosmah lose at least ten kilograms of blubber brought on by worrying about whether she is going to become ‘First Lady’ after all -- notwithstanding the fact there is no such thing as First Lady in Malaysia (and even if there was it would be the Raja Permaisuri Agong and not the Prime Minister’s wife who would be that First Lady).

On the matter of First Lady, in terms of protocol, only the Raja Permaisuri Agong is mentioned in the Federal Constitution of Malaysia. Take a look at Article 32 of the Federal Constitution.

Article 32:
● (1) There shall be a Supreme Head of the Federation, to be called the Yang di-Pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.
● (2) The Consort of the Yang di-Pertuan Agong (to be called the Raja Permaisuri Agong) shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.

Note Article 32(1) says: who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court.

And Article 32(2) says: the Raja Permaisuri Agong shall take precedence next after the Yang di-Pertuan Agong over all other persons in the Federation.

This means the Raja Permaisuri Agong is above even the Prime Minister and certainly way above the Prime Minister’s wife. The truth is, there is no such thing as Deputy Prime Minister in the Constitution. The post does not exist. This means there is also no such thing as a Deputy Prime Minister’s wife or ‘Second Lady’. Rosmah Mansor just does not exist. She is a non-person. She does not appear in the protocol list and is not listed in the Constitution.

Now, that brings me to one important issue. How can I be arrested and charged for Criminal Defamation -- allegedly against Rosmah Mansor? Who the fuck is Rosmah Mansor? She does not exist. She is a non-person. She is irrelevant. According to the Constitution, there is no post of Deputy Prime Minister. So there is no post of ‘Second Lady’. For that matter, there is not even a post of First Lady. There is only the Raja Permaisuri Agong and that is all. All other women are just wives of their husbands who are in office and hold no special status in society.

In short, there is no way I can be charged for Criminal Defamation against Rosmah when she holds no special position in government. She is just Najib’s sex partner and nothing more than that -- albeit a registered one amongst the many unregistered ones, and some dead ones, that he has. Rosmah is not as important as she imagines herself to be. She has no status in the Constitution. She should stop imagining herself as someone important or someone who has a special place in society.

Anyway, back to the issue of the reforms that Pak Lah is so proud of. You want reforms; let me talk about reforms. How serious is Pak Lah about Reforms? He has about a month left -- unless he wants to play a dirty on Najib and stay beyond 1 April. Is Pak Lah prepared to officially abolish the New Economic Policy and replace it with a Non-Discrimination Act? Is Pak Lah prepared to abolish the Internal Security Act and replace it with a Bill of Rights? Is Pak Lah prepared to abolish the Official Secrets Act and replace it with the Freedom of Information Act? Is Pak Lah prepared to amend/reform the University and University Colleges Act, the Police Act, the Publication and Printing Presses Act, the Societies Act, the Sedition Act, the Criminal Defamation law, Emergency Ordinance, and many, many more? If not, then jangan cakaplah!

It takes more than just talk to see real reforms. Islam, just like all religions, makes reforms mandatory. And in Islam it is called Hijrah. It is about moving from one plane to another. Pak Lah should know this. After all, is he not a religious scholar from a family line of prominent religious scholars? Hijrah is the basic foundation of Islam. It is the time when the Islamic Hijrah calendar starts. It is about how Islam entered its second phase with the migration of Prophet Muhammad from Mekah to Medina.

Without the Hijrah, Prophet Muhammad would have been dead meat. Islam would never have existed. And Malays, today, would remain Hindus and Buddhists like they were in the beginning.

So Hijrah is very important. It is the basic foundation of all religions, in particular Islam. Hijrah involves reforms. And that is something Malaysia is far from achieving in spite of how proud Pak Lah may be feeling about the reforms he has achieved.

Reforms can’t be achieved through window-dressing. It involves a paradigm shift. It involves revolutionary changes. Sometimes the mere ballot can’t achieve this. Sometimes only the bullet can bring about the changes we would like to see.

Tian: Education is above politics

Science and Maths issue: PAS dares Hisham to debate

Bar slams police for questioning Perak Speaker

By Debra Chong -The Malaysian Insider

KUALA LUMPUR, Feb 24 – The Malaysian Bar Council has denounced the interrogation of the Perak state assembly speaker by the police.

Its president…

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Subra walks away, Samy has only Muthu to beat

By Baradan Kuppusamy

KUALA LUMPUR, 24 — After months of speculation that he might take on his great nemesis Datuk Seri S Samy Vellu, former MIC deputy president Datuk S…

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By Baradan Kuppusamy

KUALA LUMPUR, 24 — After months of speculation that he might take on his great nemesis Datuk Seri S Samy Vellu, former MIC deputy president Datuk S Subramaniam has disappointed his hardcore supporters by announcing he will not challenge the incumbent president in party polls on April 12.

The decision has disappointed scores of hardcore supporters across the country who had wanted their hero go down fighting with a bang and not a whimper.

“This is the beginning of the end of his long career in the MIC,” a veteran MIC divisional leader said when contacted.

“He had a choice but he has chosen to just walk away.”

“We are all disappointed,” he added.

Subramaniam, who made the announcement while opening a MIC branch at the Si-Puteh Division, of which he is division chairman, two days ago he said he was undecided whether to contest for the deputy president’s post which he lost to incumbent Datuk G Palanivel in 2006.

Subramaniam had been deputy president for over 25 years before losing to Palanivel who was supported by Samy Vellu.

Samy Vellu had said then that it was time for him to hand over power, and had offered Palanivel to the delegates as his successor, but later changed his mind and continued as president right through the March 8 2008 polls disaster in which he, Palanivel and others were defeated.

“Taking into consideration the situation and unity in the party, I have decided not to contest for the number one post,” The Star quoted Subramaniam as saying today.

Nomination is on March 22 with polling on April 12.

Former vice-president Datuk M Muthupalaniappan is the only one challenging Samy Vellu but he has dropped off the MIC radar after his expulsion from the MIC was reversed earlier this month.

Muthupalaniappan confirmed with The Malaysian Insider he was not pulling out but said he is working firmly and quietly to get enough nominations to “cross the line” on nomination day.

With Subramaniam confirming he is not in the president’s race, all eyes are now on the contest for the deputy president’s post which is likely to be a fiery three-corner fight.

Subramaniam will again face incumbent Palanivel ands this time vice-president S Sothinathan is also likely to join the fray.

The key question is who Samy Vellu will back as his deputy and eventual successor — Subramaniam, Palanivel or Sothinathan?

Sources close to Subramaniam said he was made to understand by Samy Vellu and Umno leaders that he would pick a successor at the “proper time” when the veteran president is ready to handover.

As the incumbent deputy president Palanivel stands a better chance of inheriting the presidency.

Sothinathan on the other hand is also seen as a Samy Vellu successor and some party insiders swear he will emerge triumphant at the right time.

While BN/Umno wants him to hand over power as soon as possible, Samy Vellu himself is reluctant.

“He is committed to hand over but he still believes he has to re-brand the party and hand over on a high note. A defeat in the Bukit Selambau by-election would push him announce a date,” a close aide said.

Critics also worry that a victory in the by-election would convince Samy Vellu that he is still needed and a handover would be considerably delayed.

That’s not what BN leaders want.

Many BN leaders want Samy Vellu to announce a departure date even before stepping foot in Bukit Selambau, arguing his departure would please Indian voters enough to return to the BN fold.

Abdullah - retract statement that police report be lodged against Perak Speaker Sivakumar

Former Prime Minister Tun Dr. Mahathir Mohamad is right when he ridiculed the public statement by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking Datuk Zambry Abdul Kadir to…

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Former Prime Minister Tun Dr. Mahathir Mohamad is right when he ridiculed the public statement by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking Datuk Zambry Abdul Kadir to lodge a police report against the Perak State Assembly Speaker V. Sivakumar.

As Mahathir asked in his blog, “If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?”

Abdullah has not only made a ridiculous proposal, he had set a bad example as Prime Minister in publicly calling for an open breach of the law, as the Speaker’s decision or action, whether one agrees or disagrees with it, is protected by law and conferred immunity from civil or criminal proceedings.

This is why the Police should stop harassing Sivakumar as the police should be the first to uphold the law rather than to break it.

When I was detained under the Internal Security Act during the Operation Lalang dragnet in 1987, police officers interrogating me wanted me to reveal my sources of information on the North-South Expressway privatisation scandal which I had highlighted in Parliament and was clearly one of the real reasons for my second ISA detention.

I refused and told the police officers that they were breaking the law and referred them to the Houses of Parliament (Privileges and Powers) Act 1952 which conferred immunity to MPs from civil or criminal proceedings for anything done or said before the House or any parliamentary committee.

Section 3 of the Act states: “There shall be freedom of speech and debate or proceedings in the House and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the House.”

I asked the police officers to go back and refer to the Attorney-General’s Chambers to seek legal opinion whether they had transgressed the Houses of Parliament (Privileges and Powers) Act 1952 in demanding that I reveal my sources of information on my parliamentary speeches.

I made it clear that I would exercise my right to lodge a report against the police officers for violating the law if they persist in that line of questioning.

The police officers went back to seek further instructions and dropped this line of questioning to demand that I reveal my sources of information on my parliamentary revelations about the North-South Expressway scandal.

There are similar legislation in the respective states to confer immunity from civil and criminal proceedings for State Assembly members, including the Speaker, for anything said or done in the Assembly proceedings. In Perak, for instance, there is the Legislative Assembly (Privileges) Enactment 1959.

Clearly, Abdullah had been badly advised. May be, this is why there a need to seek advice from Queen’s Counsel in a foreign land.

The police should stop harassing the Perak Speaker Sivakumar and Abdullah should retract his public statement proposing that a police report be lodged against Sivakumar

The More The Better, Says Samy

SUNGAI PETANI, Feb 24 ( Bernama) -- Barisan Nasional (BN) will stand to gain from the entry of independent candidates vying for the Bukit Selambau state seat in Kedah.

MIC…

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SUNGAI PETANI, Feb 24 ( Bernama) -- Barisan Nasional (BN) will stand to gain from the entry of independent candidates vying for the Bukit Selambau state seat in Kedah.

MIC president Datuk Seri S.Samy Vellu said the party was ready to face the independent candidates as it would be fielding someone who could serve the people well.

"We welcome the independent candidates. The more, the better," he told reporters after visiting Bukit Selambau here, Tuesday.

Four people including former MIC man Datuk Thasleem Mohd Ibrahim, 59, have declared their intention to contest the Bukit Selambau by-election on an independent ticket.

Samy said MIC would give the candidate's name to Prime Minister Datuk Seri Abdullah Ahmad Badawi before the announcement was made.

He added an early survey showed that the Indian community there would return to support BN because the former assemblyman has a good service record.

-- BERNAMA
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Subra walks away, Samy has only Muthu to beat

By Baradan Kuppusamy, themalaysianinsider.com