Malayur News: 07/27/09

Monday, 27 July 2009

'Pakatan fights for Maika, not Kg Buah Pala' - Malaysiakini

In yet another twist to the Maika Holdings saga, the MIC says it welcomes the proposal by Pakatan Rakyat leaders to hold a gathering in front of the party headquarters…

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Kes Teoh: Pemuda Pakatan mahu SUHAKAM campurtangan

Perhimpunan Besar-Besaran oleh Pemegang Saham Maika

Title: Perhimpunan Besar-Besaran oleh Pemegang Saham Maika
Location: Ibu Pejabat MIC , Kuala Lumpur
Description: Pelabur-labur Miskin Maika Holdings akan Mengadakan Perhimpunan secara Besar-Besaran di Hadapan Ibu Pejabat MIC pada…

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The Malaysian police way of doing things

Once you understand how the Malaysian police operates and how they set up this website to frame their own Deputy Minister, you will understand how and why they are doing…

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Once you understand how the Malaysian police operates and how they set up this website to frame their own Deputy Minister, you will understand how and why they are doing the same to the DAP Selangor leaders and applying the same modus operandi on top of that.

NO HOLDS BARRED

Raja Petra Kamarudin

There is currently a controversy raging in Malaysia. This particular controversy involves a mysterious and anonymous website that suddenly appeared accusing two DAP Selangor leaders and EXCO members of having links with the Chinese underworld. This website also insinuates that these two are behind the death of Teoh who was thrown off the MACC headquarters in Shah Alam.

In case you may have forgotten, this is the modus operandi of the Malaysian police. What would you expect when it comes to DAP Selangor EXCO members when even the Deputy Minister of Internal Security was subjected to the same thing. And the subsequent police investigation revealed that a very senior police officer, the current Director of the CID, was behind the website that accused the Deputy Minister of receiving a RM5.5 million bribe as an inducement to release three Chinese underworld bosses from detention.

Before we go into the details of the case, read the letter below which we managed to smuggle out of the police headquarters in Bukit Aman. Yes, even the Malaysian police headquarters is not safe from the prying eyes of Malaysia Today. There is nothing that the PDRM or MACC can hide from us, which we will not eventually get our hands on.

Once you understand how the Malaysian police operates and how they set up this website to frame their own Deputy Minister, you will understand how and why they are doing the same to the DAP Selangor leaders and applying the same modus operandi on top of that.

And remember one more thing. In the Deputy Minister of Internal Security case, the MACC worked hand-in-hand with the PDRM. The police framed their own Deputy Minister and the MACC pounced on him and hauled him in for interrogation. And the Director of the CCD, whom the Deputy Minister instructed to launch the investigation, was also roped him, as was his lawyer who acted on his behalf.

Basically, don’t play-play with those who walk in the corridors of power in Putrajaya and Bukit Aman. Cross them and they will fix you up good and proper. And with the MACC, PDRM, the AG’s Chambers and the judiciary all working as a team, rest assured you are screwed if you ever try to fight your case in court.

In fact, the courtroom is exactly where they would like you to be because that would be the best place to get you and give it ‘legitimacy’ on top of that. “Hey, we gave them a fair trial,” they would scream, as they put the noose around your neck and tighten the cord.

Terkini 10.45 : Speaker Sivakumar dan Ahli Jawatankuasa Hak dan kebebasan tidak dibenar masuk bangunan SUK.

IPOH : Ahli Jawatankuasa Hak dan kebebasan yang diketuai oleh Speaker V. Sivakumar sekarang ini masih berada dipintu masuk Bangunan Setiausaha kerajaan Negeri Perak dan mereka dihalang untuk memasuki…

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Cops, officials block Pakatan Perak assembly inquiry

IPOH, July 27 — Another drama unfolded at the Perak state assembly building this morning when police and state government officials blocked Pakatan Rakyat (PR) Speaker V. Sivakumar and other…

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STATEMENT BY ALIRAN ON KG BUAH PALA

How could the Penang state government under the BN sell the Kampong
Buah Pala land when “the available evidence seemed to show that the
land is still vested in the…

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How could the Penang state government under the BN sell the Kampong
Buah Pala land when “the available evidence seemed to show that the
land is still vested in the Federal Lands Commissioner”, wonders a
bewildered P Ramakrishnan.

Negative elements - greed, corruption, abuse of power and judicial
indifference - have conspired to wipe out part of Penang’s history and
destroy its heritage.

History and heritage are assets of a nation and they should be
preserved for posterity. All civilised nations take pride in their
history and heritage and accord them the rightful place in honouring
these assets.

But we in Malaysia do not attach as much affection and concern for our
history and heritage. There was a time when we even considered getting
rid of the Merdeka Stadium to make way for commercial projects.

Merdeka Stadium is best remembered as the place where our beloved
first Prime Minister, Tunku Abdul Rahman, declared this nation’s
independence. It represents so many memories and so much history but
that meant nothing to human avarice. Thank God it did not take off but
the point is we were even prepared to commit this sacrilege!

Then there was an attempt to shift the well-known St Michael’s
Institution in Ipoh somewhere else just because it was in the middle
of a fast growing township. But St Michael’s was there long before
so-called development caught up with it. Thank God it did not take
place!

But Bukit Bintang Girls’ School in Kuala Lumpur was not that
fortunate. This famous school, which was a landmark in the history of
our education, had produced so many brilliant students and leaders but
that notable achievement did not spare it. It eventually lost to
development and greed. It was demolished to make way for commercial
purposes. Though the school was shifted elsewhere, they made sure that
its history would not continue. They got rid of that famous name:
BBGS. They did not even bother to retain the old name of the school to
honour its history and contribution to our education.

I’m sure there are numerous other examples of indifference and sacrilege.

But the latest example to wipe out history and a legacy that goes back
nearly 200 years and make way for greed and corruption is taking place
in the Pearl of Orient: Penang’s version of High Chaparral is facing
extinction within a matter of weeks.

How did the Penang govt acquire the land?

Much has been written about the history of this community that has
been occupying this parcel of land which has been home to more than
five generations of descendants. Therefore it is unnecessary to dwell
on this.

What I’m interested in is how this land was acquired by the Penang
Government Officers Cooperative – Koperasi Pegawai Kerajaan Pulau
Pinang. How was the cooperative able to obtain this parcel of land
below market value? Did the officers who were influential and closely
linked to the Barisan Nasional Government and Umno just help
themselves to it with the blessings of the Penang state government?
After all it was Umno that was effectively running the government and
who would have dared to question it or oppose whatever that was done
by the Umno Exco Members?

Did the land actually belong to the Penang state for these officers to
grab it on behalf of their cooperative?

According to legal circles, this land was under a trusteeship. But
this trusteeship was dissolved by an Act of Parliament in 1976. When
this took place, we are told, this parcel of land reverted to the
federal government. The ownership of this land, it is believed, is
still with the federal government.

It is a mystery why the BN government deprived these poor Kampung Buah
Pala residents of their land by passing this Act of Parliament. The BN
with its majority simply took over this land – nay, it just robbed
them of their land.

There is no evidence that the Penang state government had ever paid a
premium to buy back this land. There is no evidence when this land
reverted back to the state of Penang. In all probability, the land is
still vested in the Federal Lands Commissioner.

A repeat of the Nizar case

That being the case, how was this land transferred to the cooperative?
There appears to be a fraudulent transfer of land which is a very
serious matter. Why did the Court of Appeal and the Federal Court
totally ignore this vital point when the residents turned to these
courts for justice?

It is significant to note that the High Court Judge had ruled that the
villagers and the residents of Kampong Buah Pala have a claim to this
land.

In a well-argued judgment, Justice O’ Hara had clearly established
that there are points to be tried before the courts and there are
issues for the courts to weigh and consider before arriving at the
truth as to the ownership of the land.

In upholding the decision of the Deputy Registrar (DR), Justice O’
Hara referred to the DR’s ruling, “There is no evidence before this
court that the land in question had reverted back to the state under
the operation of the old Article 84. The ownership of the land when it
was purportedly alienated to the 2nd defendant - Koperasi Pegawai
Kerajaan Negeri Pulau Pinang - is an important issue to be
considered and for that reason I am not prepared to grant summary
judgment as sought by the 2nd and 3rd defendants.”

The Court of Appeal totally ignored the valid points raised by the
High Court and, without any legally established basis, ruled in favour
of the defendants in setting aside the High Court ruling.

This decision seemed to be a repeat of Nizar’s case in which the High
Court in a sound judgment had ruled that Nizar was the legitimate
Menteri Besar of Perak at all material times. But the one-man Appeal
Court set aside this finding without any written judgment. This
scandalous situation was re-enacted in the case of the Kampung Buah
Pala case.

In both cases the Federal Court was a total disappointment. In the
Buah Pala case, it ruled that the plaintiff had no locus standi. How
could this be so when the residents of Buah Pala can trace their
ancestry to more than five generations!

It is this vital and critical point that has to be addressed. Whose
land is it? Does it belong to Penang? If so, what is the evidence and
where is it?

If “the available evidence seemed to show that the land is still
vested in the Federal Lands Commissioner, regardless of whether the
Commissioner is aware of that fact” as contended by the Deputy
Registrar, how could this transaction have taken place?

It’s Hartal season, folks!

And it kicks off with the MSM.

boikotsd5

Hartal MSM was started through this blog almost two years ago.

A group is coming together again to breathe new and much needed…

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Leaders To Bring Us Together

by M. Bakri Musa

In having to appoint a Royal Commission of Inquiry to investigate the Malaysian Anti Corruption Commission (MACC) following the death of one of its witnesses, Prime…

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by M. Bakri Musa

In having to appoint a Royal Commission of Inquiry to investigate the Malaysian Anti Corruption Commission (MACC) following the death of one of its witnesses, Prime Minister Najib clearly demonstrated his lack of leadership and inability to be in command of a rapidly evolving crisis. Essentially, events forced Najib’s hand; he was reacting, not leading.

Najib is not a leader, at least not the type Malaysia desperately needs today. His meteoric rise in the party and government is less an expression of talent, more the gratitude his party has for his late father. For his part, Najib has not shown any indication that he benefited from those splendid opportunities. On the contrary, like a spoiled child, those amenities merely indulged him.

Unfortunately for Najib, more so for the nation, there are no ‘training wheels’ to the Prime Minister’s office.

Najib’s deputy Muhyyuddin is in the same kampong league. Earlier, Muhyyuddin dismissed calls for a royal commission, insisting that the police and the MACC are quite capable of undertaking the investigations. It reflected his low standing in the cabinet that many, including fellow UMNO minister Rais Yatim, pointedly pushed for the setting up of the commission. Even the lowly UMNO Youth leader did not share Muhyyuddin’s faith in the police and MACC.

Consider a different scenario. If upon his return from his Middle East trip, Najib had summoned his Home Minister Hishammuddin and the Director of MACC for an immediate briefing. They of course would not be able to give a coherent explanation. Whereupon Najib would at a press conference announce his directing the MACC to put the involved officers on immediate administrative leave pending a full independent investigation.

Had Najib done that, with his commanding baritone voice, he would have projected an image of a decisive leader who was on top of the situation. He would also put an immediate end to the current ugly spectacle of an unfortunate death degenerating into a polarizing political and increasingly racial issue.

As senior statesman Tengku Razaleigh noted, there have been too many deaths while under custody, and Teoh Beng Hock’s demise marks a watershed in the attitude of the public towards the government, setting a new low. This essence is missed by many in the government.

The ordering of a coroner’s inquest or Royal Commission should have been an executive decision; Najib does not need to involve his cabinet. The cabinet should be deliberating substantive issues, like how to make our economy competitive or reform our rotting education system.

Najib should have learned how his late father handled the national tragedy of the May 1969 race riot. Tun Razak stood in front of the cameras and in a solemn voice and serious demeanor announced the immediate imposition of martial law and a “shoot to kill” order for the police and military. He struck a reassuring and take-charge image, in stark contrast to the hapless weeping Tengku Abdul Rahman, who was then Prime Minister.

The world may condemn him as a dictator or worse, but there was no disputing that Tun Razak established law and order quickly. To put that in perspective, the modern flare up of sectarian violence in Northern Ireland began at about the same time as our 1969 riot. Today, while to most Malaysians that nightmare is but a dim distant memory, the folks in Northern Ireland are still busy settling old scores.

The evolving public furor over Teoh’s death shows every sign of continuing its destructive downward spiral, fed by racist opportunists of all flavors and colorations, with Najib on the sideline reacting and not leading.

What stunned me were not the responses of the bigoted and uneducated; their chauvinistic views were expected and perhaps excusable because of their ignorance. It would be too much to expect them to have a perspective beyond their clan or kampong. To them this crisis is nothing more than yet another ethnic Chinese-Malaysian victimized by Malay officialdom, or the belligerent Chinese not missing an opportunity to mock Malays.

What took me back instead were the responses of those ‘educated’ ministers and leaders. They just could not comprehend the public outrage over the MACC’s interviewing a ‘friendly’ witness into the wee hours of the morning and who would later be found dead outside its premises. Perhaps those civil servants were trying to impress the public on how diligent and hard working they were in attending to their duties! If that was how MACC’s personnel treated their ‘friendly and cooperative’ witness, I shudder to think the reception a suspect would get.

Far from expressing condolences to the poor bereaved family, these ministers went on to impute evil motives on the victim and those who were outraged by the needless tragedy. How would these ministers feel if it was their son who had been victimized? Don’t they have any empathy?

To their credit Najib Razak and his Women’s Affairs Minister Sharizat Jalil did convey their condolences to the family of the deceased. The two were the exceptions. Najib was even thoughtful enough to send his personal representative to the funeral. The vulgar behaviors of the others, especially Muhyyuddin, were eagerly picked up by the toadying commentators and columnists in the mainstream media. They fueled the fire.

In seeking answers and justice to this cruel death, we must refrain from injecting additional unnecessary and divisive elements. The case is complicated enough; there is no need to inject or impute extraneous factors. As The Star columnist and law professor Azmi Sharom rightly observed, people are angry over the needless death of a young Malaysian, not a young ethnic Chinese, and what they perceive as the abuse of power by MACC officers, not the abuse of power by Malay officers.

We need to mobilize the masses to this injustice. We are a democracy and public opinion matters. Thus far public outrage has caused the cabinet to set up the Royal Commission, but that is not enough. Without continued public pressure the commission’s findings would suffer the same fate as befell the Police Commission and the one investigating the so-called Lingam Tape. Nothing happens. We need continued public pressure so the coroner’s inquest and the Royal Commission would be conducted openly and transparently, their findings readily available.

There is an art to mobilizing public opinion, and I am not attuned to its many subtleties. However, I do know that many share my disappointment that at one public rally over Teoh’s death most of the speakers were unable to convey their outrage in our national language. Many were young and presumably born and raised in Malaysia, yet they were unable, unwilling or uncomfortable to speak in our national language. That is definitely not the way to go about seeking broad pubic support.

I was similarly unimpressed with the rallying cry of HINDRAF, Makkal sakthi (People Power). That would be fine to gain public support in Kerala, but if it is fellow Malaysians you wish to influence, then you had better articulate your arguments in our national language. HINDRAF would have converted a few more to it cause had it substituted its slogan with Kuasa Rakyat.

Being a plural society Malaysia faces many challenging and continuing centrifugal forces threatening to rip it apart. We need leaders who must recognize this grim reality and then mobilize countervailing forces that would bring us together. We need leaders who would view our diversity not as a liability but an asset, and a valuable one at that.

Unfortunately his much-touted slogan of “1Malaysia” notwithstanding, Najib Razak is not that kind of a leader. Neither is his deputy Muhyyuddin Yassin. Instead, we need leaders the caliber of Tengku Razaleigh, Anwar Ibrahim and Zaid Ibrahim. The challenge for Malaysia is to make sure that they prevail.

MCA, Gerakan and MIC Ministers should stop tomorrow’s announcement of composition of Royal Commission of Inquiry on Teoh’s death so as not to jeopardi

by Lim kit Siang

MCA, Gerakan and MIC Ministers should stop tomorrow’s announcement of the composition of Royal Commission of Inquiry (RCI) on Teoh Beng Hock’s death so as not…

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by Lim kit Siang

MCA, Gerakan and MIC Ministers should stop tomorrow’s announcement of the composition of Royal Commission of Inquiry (RCI) on Teoh Beng Hock’s death so as not to jeopardize any effort to ask the Cabinet on Wednesday to widen the scope of the RCI to zero in on Teoh’s death.

Cabinet Ministers, whether from Umno, MCA, Gerakan and MIC cannot be unaware that the Cabinet decision last Wednesday to refuse to set up a RCI to probe the causes of Teoh’s death had been greeted with consternation and condemnation, together with calls for a Cabinet review to expand the scope of the RCI into the MACC’s interrogation methods to include the causes of Teoh’s death.

The Cabinet decision to have an inquest headed by a magistrate is just not acceptable to the majority of Malaysians who want a completely independent inquiry into Teoh’s death which could command public confidence.

Ministers, especially from MCA and Gerakan, who had visited the Teoh family during Teoh’s funeral wake in Alor Gajah and publicly pledged to get the Cabinet to set up a RCI into Teoh’s death, would be seriously remiss in their duties if they do not ask the Cabinet on Wednesday to review and expand the scope of the RCI to include inquiry into the causes of Teoh’s death.

MCA Ministers, its President Datuk Seri Ong Tee Keat and Vice President Datuk Liow Tiong Lai, and the Gerakan President, Tan Sri Dr. Koh Tsu Koon had disappointed the Teoh family and the larger Malaysian public once already in failing to get the Cabinet to set up a RCI into Teoh’s death.

They should not be guilty of disappointing the Teoh family and the Malaysian public a second time by failing to ask the Cabinet to widen the scope of the RCI to zero in on the causes of Teoh’s death.

However, if the members of the RCI are announced tomorrow, then it is tantamount to a second failure by these Ministers to get the Cabinet to do what is right for the family and the Malaysian people.

(Speech 2 at the lunch of Perak DAP MPs and State Assembly members at MP Steamboat Restaurant, Ipoh on Sunday, 26th July 2009 at 2 pm)

High Chaparral: MIC Youth to be called up over alleged attack on political aide

GEORGE TOWN: Several MIC Youth leaders are expected to be called up to facilitate investigation over the attack on M. Satees, a political aide of Deputy Chief Minister II…

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GEORGE TOWN: Several MIC Youth leaders are expected to be called up to facilitate investigation over the attack on M. Satees, a political aide of Deputy Chief Minister II Dr P. Ramasamy on Thursday.

State police chief Deputy Comm Datuk Wira Ayub Yaakob said several other people would also be called up to have their statements recorded.

Satees lodged a police report on the matter on Friday.

DCP Ayub said the case was being investigated under Section 323 of the Penal Code for causing hurt.

It is learnt that among those who would be called up were Maika Holdings chief executive officer S. Vell Paari, MIC Youth co-cordinator T. Mohan and Pahang MIC Youth leader G. Kumar Aamaan, the man whom Satees alleged had punched him on the left cheek.

“We will summon those who are involved in the fracas and those who witnessed it. It does not matter where they are from. As long as they are involved, they will have to come forward to assist in investigation,” he said after launching a unity programme at SMK Air Itam on Saturday.

On Thursday, Satees claimed he was punched by an MIC leader for questioning the party over Maika Holdings.

He said he merely told off a group of about 20 men to resolve the Maika shares matter first before trying to resolve the Kampung Buah Pala issue.

The incident happened in Komtar after the group had presented a memorandum to Ng Wei Aik, the political secretary to Chief Minister Lim Guan Eng over the village issue.

DCP Ayub said police would be deployed to Kampung Buah Pala on Aug 3, the day when demolition of the houses was to take place.

“We will be there to maintain public order. We will act within the provision of the law and if needed, we will call for back-up,” he said.

DCP Ayub also said that police would call up several people to have their statements recorded over a police report lodged against Lim by Kampung Buah Pala Residents’ Association legal adviser Darshan Singh Khaira.

Darshan Singh had lodged a report against Lim for "repeatedly denigrating and insulting" him and his religion.

It is learnt that among those who would be called up by the police included Lim, Darshan Singh and journalists from an English tabloid and a Chinese daily who broke the news that Lim had allegedly questioned Darshan Singh’s use of his Sikh name when he had converted to Islam.

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

Samy Vellu & Pahang MIC Youth leader G. Kumar Aamaan the assailant

Koh’s performance the worst: Former exco member

By Anil Netto

Former exco member Khor Gark Kim has rated Koh Tsu Koon’s performance as the worst among Penang’s chief ministers so far.

This report from The Star:…

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A raised eyebrow about a remark purportedly made by the Judge of the trial of Mirza Mohammad Taiya

Loyar Burok
Fahri Azzat

This post is reproduced from here

I read the report of the acquittal of Encik Mirza Mohammad Taiyab in Malaysiakini yesterday and its content were the…

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Loyar Burok
Fahri Azzat

This post is reproduced from here

I read the report of the acquittal of Encik Mirza Mohammad Taiyab in Malaysiakini yesterday and its content were the usual: (i) declarations of vindication (ii) experience of humiliation (iii) it was unfair (iv) he was set up. In short, business as usual. Then I read the Star report today (Saturday) and it basically covered the same things as Malaysiakini. However there was one very slight but significant difference. The Star has this paragraph:

‘The question of mens rea is important for all criminal cases,’ he noted.
Mirza, 51, appeared expressionless upon hearing the verdict in the packed courtroom although there was loud clapping and cheering from the public gallery, causing Zainal to admonish them.
‘It is a gift from the court. Please let Datuk Mirza cherish this moment,’ he said as Mirza nodded and smiled.
Upon hearing the judgment, Mirza immediately rushed to hug and thank his lawyers.

Then I compared this with the New Straits Times which reported that bit too in this way:

Zainal in his ruling said the prosecution had failed to pro-ve a prima facie case against Mirza.
At this point, the public gallery, which was packed with Mirza’s family members and friends, cheered causing Zainal to remind them to be silent.
‘It’s a gift from the court. Please let Datuk Mirza cherish the moment.‘
Mirza, who was wearing a maroon baju Melayu, looked calm and expressionless when the judge made his ruling. His wife and several family members cried.

Hmmm. Honestly, I thought what they reported is what Malaysiakini would have caught. First, was that even necessary in the report unless its supposed to convey an impression. And secondly, if the judge did say it, I don’t think judges should be saying such things. My left eyebrow certainly leaped in surprise. However, after reading the report, it should not worry to much because the Attorney General’s Chambers (AGC) and the Malaysian Anti-Corruption Commission (MACC) certainly bungled this case up themselves.

They lost because they did not call the original complainant to court i.e. the guy who wrote the report, an MACC officer.

The judge also commented that the prosecution’s failure in calling the actual complainant Mohd Zamri Zainul Abidin, who is with the Malaysian Anti-Corruption Commission, had been fatal to the case.
‘Zamri was the person who had gone to the clinic and was the complainant. Hence, his evidence on the investigations should have been important on what had actually transpired with the accused,’ he said.

Damn right it is. This is basic law here. The complainant is one of the most fundamental witnesses in a trial, an important link in the chain of evidence. In most cases if a complaint is not proved then there is no evidence of a complaint. Case gets thrown out before the defence even begins to sweat. Why couldn’t he be there? Why bother going on with the case if they couldn’t secure him as a witness? This is a clear case of sheer incompetence on the part of both the AGC and MACC. They’ve also wasted our tax money and the witnesses, the Defence counsels and the DPP’s precious time and effort on dead cases like these.

This is real.

My friends and I have been there before. There was a case where three Bangladeshi men stood accused of sodomy in the Ampang Sessions Court. I had the good fortune to do the case with two other terribly learned friends. The charge was that the complainant, an Indonesian man, had been sodomized by those three men in prison whilst they were serving time in Sungai Buloh. We had taken a few dates for the case whilst the DPP verified whether they could get the complainant. Finally, the Judge forbade anymore adjournments and insisted the prosecution proceed. So they did so with the photographer who took a few measly photographs of the alleged prison room. It was a modest size square box, dingy and depressing. The case then came to a grinding halt because the complainant wasn’t there. He was naturally the next witness in the chronology of the facts. A few dates were taken until the prosecution finally confirmed the complainant had left. This was disclosed in open court to which we requested that the case be withdrawn. As the DPP said he had no instructions to do so, he requested another date to obtain instructions. The Judge allowed the adjournment.

On the next date, he confirmed his instructions to proceed. Apparently, his instructions were since he had started the case with one witness, he now had to finish it. Understandably he was not happy either. We all knew by then the prosecution’s case was all but over. The DPP knew it. We knew it. The Judge knew it. But we just went right through the motions, because the AGC didn’t want to withdraw the case. We went through the Investigating Officer, the Medical Officer, and perhaps one other witness, and this still took up about 2-3 days (not full days to be fair, half days, but still!) of our, the judge’s, the prosecution’s, the witnesses which included the MO and IO. We were all labouring to the end to which we all knew the ending. The Judge of course dismissed the case against them immediately after submissions closed. The Judge was an excellent one who even took one day off from his leave to hear the case because he was so appalled and even angry I think with the prosecution for continuing with the case and wasting his time when they knew they would surely lose. I mean, how on earth are you going to have a hope in hell of winning if the victim of the sodomy isn’t there?! No ass, no case!

That is one of my personal experiences with how the AGC exercises its discretion - with absolutely no regard to how tax payer’s money is spent, the opportunity cost of that entire wasted affair not to mention make the AGC look bad. There are many more I’m afraid. Don’t get me wrong. I want the AGC to be better, more resilient and have a better hit rate. I know how tough it is to be the prosecution - the burden of proof and the role of prosecutor is an onerous one. It bothers me that our criminal defenders are so good at their work that they can get a fair bit of those guys off even before defence is even called. This is because though the cops catch the criminals (in theory lah), the AGC is the one that puts them behind bars, legally. If the AGC fails in these very basic ways in such small cases (RM 13,860.00), how are they supposed to catch the smart, bigger, nastier, highly influential fish? Seriously. The truth is they need to get better, fast.

It is also a shame that they do not bother to try and accommodate individuals with talent to the AGC. One such talent was a friend of mine who earlier in his career considered the possibility of joining the AGC to do prosecution work. Go after the bad guys sort of thing. He even went for the interview. But failed at the hurdle when they asked if he was okay about moving out of KL, to which he was not. AGC said it was not their policy to guarantee to be only located in KL to anybody. Now he has become their formidable opponent in many matters since. If the AGC had foresight, they should have made an exception and then chuck most of the difficult cases at him as quid pro quo for being the exception.

Not that I’m shedding any tears over it.

More mind-bogglingly why prosecute him for some really, really pathetic offence?:

Suspended Tourism Malaysia director-general Datuk Mirza Mohammad Taiyab was acquitted of accepting dental treatment worth RM13,860 paid by a company director, without consideration, four years ago.

I mean this is pathetic. Give or at least show the man some respectlah. Charge him for some gazillion dollar thing or a massacre of orphans in epic proportions, anything else more nasty but not accepting dental treatment. Whatever it is worth. With his acquittal I think he should now sue them for defamation. “How dare you insult me by alleging that I cannot afford my own dental treatment and implying that my mouth is so terrible as to warrant RMr 13,860.00 worth of dental treatment! So you are trying to say I am so corrupt that my mouth is also lah?!” I would bellow at them if I was in his shoes. “You know how hard it is to get to be Director General? There’s only one in every Ministry you know?! You know how bad my kids are going to be teased about this?!’ I would be raving mad like. We see some Ministers/Adun i.e. Zakaria’s palace, Khir Toyo’s palatial houses packed with cars. Check what their children drive. Check where they all go for holidays. Check all the property they have under them. Then ask whether it all adds up. How do or did they afford that on their pay?

What we need in our laws is a provision like the one Hong Kong has in its Cap 201 Prevention of Bribery Ordinance. Two that I like and want to discuss today is firstly, section 10:

(1) Any person who, being or having been the Chief Executive or a prescribed officer - (Amended 14 of 2003 s. 17; 22 of 2008 s. 4)

(a) maintains a standard of living above that which is commensurate with his present or past official emoluments; or
(b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments,
shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.

(1A) If the accused in any proceedings for an offence under subsection (1) is or has been the Chief Executive, the court, in determining whether the accused has given a satisfactory explanation as provided in that subsection, shall take into account assets that he declared to the Chief Justice pursuant to Paragraph 2, Article 47 of the Basic Law. (Added 22 of 2008 s. 4)
(1B) The Chief Justice shall disclose to a court information about assets declared to him pursuant to Paragraph 2, Article 47 of the Basic Law if the disclosure is required by an order made by the court for the purposes of subsection (1A). (Added 22 of 2008 s. 4)
(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property as a gift from the accused, such resources or property shall, in the absence of evidence to the contrary, be presumed to have been in the control of the accused. (Added 9 of 1974 s. 3. Amended 48 of 1996 s. 3)

Subsection (3) and (4) have been repealed and (5) does not concern us. What this does is basically reverse the burden of proof on the accused in relation to their ‘unexplained property’. I think this to be an excellent provision that should be incorporated into our legislation. This would certainly make it easier for the prosecution to bring corrupt politicians to the book. I just wonder why it’s not there still. With this, all the prosecution would have to show is that there is a prima facie imbalance between their possessions and lifestyle compared to their remunerations (or as the act calls them ‘emoluments’) and then it is for the defence to provide an explanation. Surely this is correct because corruption is a crime of private complicity. All the actors of the crime remain silent. Unless one squeals, the prosecution has to prove the corruption by other evidence which is quite difficult if the entire deal were oral and there was a reasonable explanation for them to behave that way. That is the difficulty. What is more, how they accumulated the money is a fact only within their knowledge. The accused would be the person best to account for it than anybody else.

Finally, section 28:

Where a person is acquitted after trial before the High Court or the District Court for an offence under Part II, the court may award costs to that person, such costs to be taxed and paid out of the general revenue.

This provision provides that where a person is acquitted of the charge, the court has powered to award costs to the accused, and that I think should be a matter of course unless there are circumstances mitigating that. This should be a general provision and also teach the Attorney General to be more careful with their cases. Over here, an accused person has to handle his own legal fees with no hope of getting anything back except his liberty upon acquittal. This surely cannot be fair. If you (AGC) have charged me and failed miserably to prove it, why should I be put to cost and expense at your blunder? I think empowering the court to award costs in that manner would be a good check on the AGC and force them to be more circumspect in their cases. This way we will have a clearer economic indicator and maybe even a rough valuation as to how much the AGC’s incompetence is costing us.

Surely, as a member of the public we are entitled to know this.

Datuk SS Subramaniam Menyertai PKR

(ehsan GB.Tv dan TV Antara)

Tahniah kepada Datuk SS Subramaniam dan Dr SS Streram yang menyertai PKR Ahad lalu. Diharapkan dengan penyertaan mereka, diadun bersama dengan pengalaman berkhidmat kepada masyarakat…

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Tuntutan Keadilan Untuk Semua Rakyat Malaysia

Semalam saya berceramah di Kompleks An Nahdoh, Kubang Semang dan Taman Ilmu, Nibong Tebal. Turut sama hadir ialah Timbalan Ketua Menteri Sdr Mansor Othman dan Datuk Chua Jui Meng.

Saya…

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HOW TO MUZZLE YOUR CRITIC - SPECIAL MESSAGE FOR POLITICIANS

1. Politicians make mistakes and commit sins and immoral acts. These will be made political issues by the enemies. They will blow up this little sins and immoralities until you…

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1BLACKCommute: 7 participants, 100 cops?

by Nathaniel Tan

I’ve not yet read other reports of this incident, but if the following is true, then the cops clearly:

a) are spending a lot of time on…

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by Nathaniel Tan

I’ve not yet read other reports of this incident, but if the following is true, then the cops clearly:

a) are spending a lot of time on Facebook

b) haven’t learnt their priorities, despite the numerous, numerous, exhortations that they clamp down on real crime instead.

I saw a bunch of pictures, will try to update this post with links to them if I can.

Statement by the 1BLACKMalaysia Facebook Group

The 1BLACKMalaysia Facebook Group organized an event called ‘1BLACKCommute’ (http://www.facebook.com/event.php?eid=122875992194) today. The idea was to have people wearing black and boarding an LRT train together for at least two times.

The event attracted a total of 7 dedicated participants, and also attracted about a hundred even more ‘dedicated’ policemen.

We were shocked to learn from the media that about a hundred policemen were stationed at Dataran Merdeka and Masjid Jamek this morning, waiting for ‘the 1BLACKMalaysia group’.

Coincidentally, Puteri UMNO was having a crime awareness campaign at the same area and had at least a thousand Puteris marching down the street.

And the police were here for 7 people wearing black in solidarity with Perakians and families of custodial casualties such as Teoh Beng Hock, and not for the thousands of pink-clad Puteris.

Although such double standards were very common and very much expected, it was still shocking to know that hundreds of men in blue were deployed to possibly arrest 7 people, while over 1800 people were left to die in custody since 2003.

The 1BLACKCommuters departed from KL Sentral to Masjid Jamek via LRT, then walked to Bukit Nanas Monorial station to board a monorial train to Bukit Bintang. The 1BLACKCommuters then walked around the Bukit Bintang area before taking another monorail train back to KL Sentral.

Some resourceful participants also brought some printed messages which everyone could easily slip into their handheld files and folders. Therefore, the 1BLACKCommuters were holding their files with messages such as “Who Killed Him?”, “Justice for Teoh BH”, “1BLACKMalaysia”, and “1803 Custodial Deaths in Malaysia from 2003-2008″ for the whole duration of the event. The messages managed to get a lot of attention from other commuters and pedestrians. A commuter even gave the 1BLACKCommuters the thumbs up and thanked them for their effort.

This shows that it is that simple for ordinary Malaysians to express themselves and to apply pressure to unjust, undemocratic and irresponsible institutions. For example, a person who is outraged by the manner in which Teoh Beng Hock died in custody can carry a paper printed with the words ‘Justice for Beng Hock’ around in a file when going to work, or to school, or to a meeting. Anyone can do it.

————————————————————————————————————————–

‘1BLACKCommute’ is just one of the series of events such as 1BLACKKopi’O’ and 1BLACKMovie which the group has been organising to heed the original call for action by Bersih on May 5th to “paint every state and territory, every town and village black with our clothes, headbands, hats, turbans, veils, armbands, ribbons and stickers and let everyone see a sea of black walking into an office, a market, a mosque, a temple, a church, a college, a park, a bus, a commuter or LRT car, a ferry or an aeroplane”.

1BLACK events are a series of subtle, ’smart’ protests, which every citizen can carry out everyday. Commuting, drinking coffee, watching movies are all very much part of our daily lives, thus one just has to insert messages into such activities to make his/her point or express his/her feelings on an issue. The 1BLACKMalaysia group is telling the public that there’s no need to be involved in slogan-crying, marching, or mass gathering to send out a strong message.

1BLACKCommute: 7 participants, 100 cops?

by Nathaniel Tan

I’ve not yet read other reports of this incident, but if the following is true, then the cops clearly:

a) are spending a lot of time on…

More ▼

by Nathaniel Tan

I’ve not yet read other reports of this incident, but if the following is true, then the cops clearly:

a) are spending a lot of time on Facebook

b) haven’t learnt their priorities, despite the numerous, numerous, exhortations that they clamp down on real crime instead.

I saw a bunch of pictures, will try to update this post with links to them if I can.

Statement by the 1BLACKMalaysia Facebook Group

The event attracted a total of 7 dedicated participants, and also attracted about a hundred even more ‘dedicated’ policemen.

We were shocked to learn from the media that about a hundred policemen were stationed at Dataran Merdeka and Masjid Jamek this morning, waiting for ‘the 1BLACKMalaysia group’.

Coincidentally, Puteri UMNO was having a crime awareness campaign at the same area and had at least a thousand Puteris marching down the street.

And the police were here for 7 people wearing black in solidarity with Perakians and families of custodial casualties such as Teoh Beng Hock, and not for the thousands of pink-clad Puteris.

————————————————————————————————————————–

Dr Chua Appeals For Opportunity To Serve In Party

PENANG, July 26 (Bernama) -- Datuk Seri Dr Chua Soi Lek appealed to MCA president Datuk Seri Ong Tee Keat to give him an opportunity to discharge…

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Monday, 27 July 2009

'Pakatan fights for Maika, not Kg Buah Pala' - Malaysiakini

Kes Teoh: Pemuda Pakatan mahu SUHAKAM campurtangan

Perhimpunan Besar-Besaran oleh Pemegang Saham Maika

The Malaysian police way of doing things

Terkini 10.45 : Speaker Sivakumar dan Ahli Jawatankuasa Hak dan kebebasan tidak dibenar masuk bangunan SUK.

Cops, officials block Pakatan Perak assembly inquiry

STATEMENT BY ALIRAN ON KG BUAH PALA

It’s Hartal season, folks!

Leaders To Bring Us Together

MCA, Gerakan and MIC Ministers should stop tomorrow’s announcement of composition of Royal Commission of Inquiry on Teoh’s death so as not to jeopardi

High Chaparral: MIC Youth to be called up over alleged attack on political aide

Koh’s performance the worst: Former exco member

A raised eyebrow about a remark purportedly made by the Judge of the trial of Mirza Mohammad Taiya

Datuk SS Subramaniam Menyertai PKR

Tuntutan Keadilan Untuk Semua Rakyat Malaysia

HOW TO MUZZLE YOUR CRITIC - SPECIAL MESSAGE FOR POLITICIANS

1BLACKCommute: 7 participants, 100 cops?

1BLACKCommute: 7 participants, 100 cops?

Dr Chua Appeals For Opportunity To Serve In Party

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Unruly scenes unfold in video clip

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