The theory behind Buah Pala and Indians

By Smart Bloggers,

Yesterday on 21st August 2009 the Federal court of Malaysia ruled out the villagers' plight. The court decided that the residents were trespassers and ordered them to…

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By Smart Bloggers,

Yesterday on 21st August 2009 the Federal court of Malaysia ruled out the villagers' plight. The court decided that the residents were trespassers and ordered them to vacate the land. The judge ruled that the villagers have no locus standi. Soon, on 1st September 2009 the demolition works will take place.

In the past one week I have been reading many comments throughout Malaysia about the Buah Pala issue. Some of them positive and many of them negative. In Tamil there is a saying - "whatever sighted by the eyes can be wrong, whatever heard by the ears also can be wrong but only proper investigation will reveal the truth".

Buah Pala opened my eyes to see how many Indians, united after 25^th Nov 2007, are now scattered.

Many parties took political advantage by breaking the unity.

By right, 52 years we were marginalized and still we are preferring to being marginalized.

I have been reading comments that are vulgar too. The best part is we are not fighting or commenting about DAP or BN. Most of the comments are against our own community. Our major problem is, we have never been straightforward. We like to criticize someone at the back and never want to investigate.

The people's best political parties are always blaming that the mainstream media is not honest with its news but our Indians blindly like to follow the mainstream media. Do you know the consequence? The day BN lost 2/3 rd majority in the parliament, their main aim was to break us down. Now I am seeing it clearly. We are broken into pieces and still we are blaming MIC, HIndraf, Makkal Sakti, Paham and Buah Pala.

A piece of straw may be very light and easy to bend but if we have 1000 pieces of straw together it will be hard to bend. That is the theory, We Indians easily follow the flow of political parties and get broken into pieces. Who to be blame? Do you think your children and grandchildren will be having a better life through this approach? Lets think far ahead than just shallow.

Back to Buah Pala, Do you all remember or have you all seen the video clips which shows the promise by PR government before the elections in 2008? Mr.Rayer, YB Lim Guan Eng and even Anwar Ibrahim promised that they will not allow the village to be demolished. They said that they will protect the Villagers. All the words were spoken without confidence that they will win and form the Penang State Government.

Think clearly now.... If BN was ruling Penang and PR was still an opposition, could you imagine what kind opposition PR will give for this issue? Don’t you think they will politicise the issue? The whole group of PR Indian MPs will be in Buah Pala to protect them. Do you agree with me? Imagine the situation which I am telling now. All blogs and websites will be published with news about Buah Pala to tarnish BN’s name.

But what happened today? After PR took over the administration, they got the part of the selling money on April 2007. Now the PR government is stuck and Guan Eng is running away from his promise to protect the village.

Finally who was stuck in between the 3^rd class citizen of Malaysia (Indians) ?

Again I am mentioning the PR government many times revealed that the court of Malaysia is controlled by the governing party.

Is it correct?

Let us see clearly. Anwar 'black eye' incident is a simple example. It took a long time for him to proof that Rahim Noor punched him. Why long time? Simply because the important cases in Malaysia are controlled and decided by the BN government.

Now back to Buah Pala. What is the connection between the courts and BN? The land was sold by BN. Now BN has to take back Penang in the next election. How can they do it? This Kampung Buah Pala has to been demolished and that is the plan. The court has to rule out the case. In this way on 1^st September 2009 the developer will demolish the village. If this going to be happen, then in the next election , angered villagers will vote for BN. The people's favourite parties in PR will loose their authority.

What is the actual benefit for the Indians? We are just like a ball in the football ground. Both sides of players kick us here and there and we will be happy for it. This shows all parties in Malaysia are playing with Indians' life because we are not united and very easy to split. Most of you may even comment on this and may say the writer is talking nonsense but that is the reality. You are just a 3^rd class citizen of the country.

My honest wish is you all should understand your real position in Malaysia and try to be strong together. It is just a laughing stock to be apart. I am sorry If I have hurt you all in any way but the truth prevail.

Greetings,

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P Uthayakumar HRP Indian Empowerment

The people are our judges.

by naragan

Let me start with a modified quote from a famous British Historian, Lord Acton, “..it is by the struggle of the weak, made under compulsion to resist the…

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by naragan

Let me start with a modified quote from a famous British Historian, Lord Acton, “..it is by the struggle of the weak, made under compulsion to resist the reign of force and constant wrong that justice is secured, preserved and extended.”.

History is filled with instances of such struggles and of the progress that justice has made, because of all such struggles. Knowingly or unknowingly it was on this maxim that Hindraf has catapulted itself onto the national scene. Fearlessness in confronting injustice symbolized Hindraf, made Hindraf.

It is this goal that Hindraf continues to pursue till today. The criteria that Hindraf applies for its involvement in the struggle of the people is the commission of injustice against the defenseless, weak, poor, marginalized and dispossessed in the country. It does not care who the perpetrators of that injustice are.

But when one stands up against such injustices, one invariably threatens the status quo and all the vested interests benefiting from that status quo. And this begets reaction from all those vested interests. Reactions in the form of suppression, repression, misinformation, smear campaigns, seduction, incarceration and whatever other means that are available.

Various of our brothers, Ganabatirau being the latest, have succumbed to the ploys of these vested interests, who would like to see Hindraf destroyed. Ploys that are crafted that even some at the helm, like Ganabtirau can succumb.

Wittingly or unwittingly Ganabatirau has become a victim of circumstances. He is a member of the DAP. On the Kampung Buah Pala issue DAP has chosen to throw in its lot with the rich developer community of Penang and against the small impoverished Indian community in Kampung Buah Pala . Hindraf and Waythamoorthy have stood up against the injustice meted out to these people of Kampung Buah Pala. Their land has been stolen from them and they are being hounded out from their land. Even the Penang DAP leaders reluctantly acknowledge this but they choose to ignore because of their close relationships with the rich developer community – never mind that there is a significant issue of injustice involved.

This has put Hindraf in collision course with the DAP. So where does that put our brother Ganabatirau – it is most unfortunate that he has succumbed to the side that has chosen to gloss over the injustice. This has caused him now to deviate from a fundamental principle of Hindraf. He has succumbed to the vested interests and has become part of a misinformation campaign against the very organization that created his public personality. He has become a tool to character assassinate the leaders of the true Hindraf spirit.

I say this is most unfortunate.

Whatever the personal and frontal attacks by Ganabatirau or by any others against Hindraf and its leaders, truth has a way of prevailing. The struggle will continue for justice. The vested interests will not give up. They will continue with attacks like these. And Hindraf for its part will continue to struggle for justice and for truth nevertheless.

If you want to know who is on the side of truth or justice, just measure them by whether they are helping to attain it or helping to destroy it. The question that the people need to ask and seek answers for is – who is helping to seek the truth and see justice prevail and who is seeking to destroy and bury such efforts.

Again, let me reiterate, it is by the struggle of the weak to resist the reign of force and constant wrong that justice is secured, preserved and extended. It is on that side that Hindraf will continue to stand and it is on that side that Waythamoorthy stands.

The people are our judges.

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Federal court rules Buah Pala villagers must vacate

PUTRAJAYA, Aug 21 – The Federal Court today stood by its June 24 decision that the Buah Pala residents must vacate their homes and hand over the property to the…

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PUTRAJAYA, Aug 21 – The Federal Court today stood by its June 24 decision that the Buah Pala residents must vacate their homes and hand over the property to the developer who had obtained approval to redevelop the area.

The residents’ second application for leave to appeal was unanimously dismissed with costs by Chief Judge of Malaya Tan Sri Arifin Zakaria, Federal Court judge Datuk Zulkefli Ahmad Makinudin and Court of Appeal judge Datuk Raus Md Raus.

The 45 families had sought leave to appeal against the Court of Appeal’s ruling last May 11 that the residents were trespassers on the settlement and order that they vacate the land.

The respondents – Koperasi Pegawai Kerajaan Negeri Pulau Pinang Berhad, developer Nusmetro Venture (P) Sdn Bhd and Pentadbir Tanah Daerah Timur Laut Pulau Pinang – argued that today’s application was a duplication of the first leave application and was an abuse of the court process because it was a re-litigation of the same issues which had already been argued and was decided upon by the Federal Court on June 24.

Arifin ruled that the question which the residents wanted the Federal Court to determine – whether they have the locus standi (legal standing) to institute legal proceedings against the cooperative and the developer – could not be raised at the apex court because that issue was never raised at the lower courts.

On the issue of indefeasibility of the title of the land, Arifin said the Court of Appeal had ruled that the alienation to the cooperative was proper and legal.

He said the residents could have raised the title issue before the previous Federal Court panel but had failed to do so.

“Therefore, they cannot raise it now,” Arifin said.

The village sits on 2.6ha of prime land in the heart of the rapidly developing eastern part of George Town and demolition works have been rescheduled to Sept 1 after a series of protests by the residents. – Bernama

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Federal Court disappointment for villagers - Anil Netto

1210: Kg Buah Pala residents have failed to obtain leave to appeal against a Court of Appeal order for them to vacate the land. The Federal Court struck off their…

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1210: Kg Buah Pala residents have failed to obtain leave to appeal against a Court of Appeal order for them to vacate the land. The Federal Court struck off their second application for leave this morning.

The villagers were unable to get a full trial in the Federal Court, says one of the villagers. He adds that there could be another appeal coming up next week (I need to verify this).

0030: Once again, the Kg Buah Pala residents have taken their case to the highest court in the land.

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Police seize explosives from Indonesians in Sri Hartamas

The damage inflicted by a bomb blast on a restaurant of the Ritz-Carlton hotel in Jakarta. — Reuters pic

KUALA LUMPUR, Aug 21 — Police in raids last night and…

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The damage inflicted by a bomb blast on a restaurant of the Ritz-Carlton hotel in Jakarta. — Reuters pic

KUALA LUMPUR, Aug 21 — Police in raids last night and today uncovered a major weapons cache here, including industrial grade explosives, and have not ruled out possible links to terrorist attacks.

The discovery was made during a raid on an illegal Indonesian immigrant settlement in Desa Sri Hartamas, which is near the city court complex, other government buildings and housing areas with a large expatriate population.

Explosives found included six sticks of industrial grade explosives known by the brand name Emulex and also wire detonators.

Emulex is commonly used in tunnel boring, quarrying and also road construction. The explosives were found hidden beneath one of the houses in the settlement.

Also found were at the settlement were knives, sickles, swords and machetes.

Most of the residents in the settlement managed to escape arrest, however, except for three illegals, including a woman.

Police are now investigating if terrorists were living in the settlement.

Security officials here have been on heightened alert since last month’s suicide bombings at two luxury hotels in Jakarta which were believed to be the work of Malaysian terrorist Noordin Mohammad Top.

Noordin is believed to have planned last month’s near-simultaneous bombings on the JW Marriott and Ritz-Carlton hotels, which killed nine people and wounded 53.

Noordin, who formed a violent wing of the Jemaah Islamiah (JI) militant network, is blamed for a series of attacks, including on the JW Marriott in Jakarta in 2003, on the Australian Embassy in Jakarta in 2004 and in Bali in 2005.

Security experts have warned that further attacks in Indonesia and the region remain possible with Noordin still on the run.

Malaysia has not experienced any major terror attacks but authorities remain vigilant against such a possibility.

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Dr M likens Rohaizat candidacy to BN self-sabotage

By Shazwan Mustafa Kamal- The Malaysian Insider

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By Shazwan Mustafa Kamal- The Malaysian Insider

The woes of BN candidate for Permatang Pasir have given Tun Mahathir Mohamad (caricature, right) something new to laugh about. — Picture by Jack Ooi

KUALA LUMPUR, Aug 21 — Tun Dr Mahathir Mohamed took a dig today at Barisan National’s (BN) choice of candidate for the Permatang Pasir by-election by pointing out that he was not sure if Rohaizat Othman — a disbarred lawyer — was qualified to run for office.

The former prime minister said that he was also informed Rohaizat was accused of having two wives.

“If you give someone a good reason to sabotage you, then it will be easy to be sabotaged and it will be your fault,” quipped Dr. Mahathir.

Umno has come under fire recently since its chosen candidate Rohaizat Othman was discovered to have been found guilty of misconduct by the Bar Council after failing to return RM161,000 belonging to the Penang Rubber Smallholders Cooperation.

The former lawyer has been on the defensive ever since the discovery was made public, blaming Pakatan Rakyat for attempting to discredit him personally.

However, Rohaizat has yet to respond to allegations made by his former partner Yusri Ishak against him.

Umno maintains that Pakatan Rakyat is trying to “assassinate” the character of their chosen candidate.

Rohaizat is facing Penang PAS state commissioner Mohd. Salleh Man in a straight fight for the state seat in the by-election on August 25.

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Pakatan wants BN Speaker removed for moonlighting

IPOH, Aug 21 — Another battle is raging over Datuk R. Ganesan’s validity as the Perak Speaker, with Pakatan Rakyat leaders here claiming he should be disqualified for holding two…

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IPOH, Aug 21 — Another battle is raging over Datuk R. Ganesan’s validity as the Perak Speaker, with Pakatan Rakyat leaders here claiming he should be disqualified for holding two jobs — as Speaker and as a lawyer.

Ganesan has, however, denied this and claims he had stopped his practice since his appointment during the chaotic May 7 state assembly sitting.

Former mentri besar Datuk Seri Mohammad Nizar Jamaluddin revealed today that the former Sungkai assemblyman had infringed Article 36A of the Perak Constitution by failing to relinquish his job as a lawyer within three months of his appointment.

Article 36A of the Perak Constitution stipulates: A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it.

Nizar also showed proof to the media: a letter from the Bar Council dated August 12, confirming that Ganesan was still in possession of a valid Sijil Annual and Practising Certificate, registered with the council and sole proprietor of legal firm Messrs Ganesan & Associates.

The letter was in reply to a query by Chan Kok Keong, legal counsel for former Speaker V. Sivakumar, seeking information on Ganesan’s status.

“The council confirmed that as of August 11, more than three months past his supposed appointment, Ganesan was still an actively practising lawyer. This is not allowed under the State Constitution.

“In view of this, Ganesan should be disqualified and should stop receiving any form of remuneration from the state government,” said Nizar.

He added that when PR was in government, he, all his executive councillors and Speaker V. Sivakumar had resigned from their day jobs for holding government office was a full-time responsibility.

“I had to deregister myself as a professional engineer. All of us resigned and concentrated on administrating the government. This is common knowledge,” he said.

He reiterated however that by calling for Ganesan to be disqualified, it did not mean that that PR recognised the latter’s appointment.

“It only further affirms that Sivakumar had always been the rightful Speaker because Ganesan’s appointment was illegal,” he said.

Meanwhile, Ganesan has countered the accusation and fired another salvo of his own.

Shortly after the press conference, he showed proof to the media in the form of another letter from the Bar Council, dated August 20, which stated that he had ceased to be a solicitor as of August 6, just before the three-month deadline.

Ironically, the letter was signed by the same person as the one addressed to Chan on August 12.

“I have already resigned. And anyway, my practice stopped in May. Notifying the council is only a formality,” he said when contacted.

When informed of Ganesan’s letter, former senior executive councillor Datuk Ngeh Koo Ham was unfazed.

“I challenge Ganesan to show us the exact date that he had resigned as a lawyer. Let him answer to that,” he said.

It is learned that Ganesan had last week been served with an affidavit from Sivakumar, stating that he should be disqualified as the Speaker by virtue of him still holding office as a legal practitioner.

Certain quarters believe that Ganesan may have only applied for his resignation upon receiving the affidavit.

Earlier when he was asked for the exact date of his resignation, Ganesan said he could not remember as the matter had been handled by his lawyers.

“I am very busy right now so I hope you understand,” he said, when asked if he could clarify the matter immediately with his lawyers.

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Can a statutory declaration clear Rohaizat of the “personal misconduct” resulting in his being struck off the lawyers’ rolls for breach of trust and d

By Lim Kit Siang,

Barisan Nasional candidate for Permatang Pasir by-election Rohaizat Othman has said that he would heed Umno deputy president Tan Sri Muhyiddin Yassin’s advice to ma…

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By Lim Kit Siang,

Barisan Nasional candidate for Permatang Pasir by-election Rohaizat Othman has said that he would heed Umno deputy president Tan Sri Muhyiddin Yassin’s advice to make a statutory declaration to protect himself from accusations made by various quarters.

The two questions Rohaizat must answer are:

• Whether he was found guilty of “serious misconduct” including “breach of trust, dishonesty, shown gross disregard” of the client’s (Penang Small Rubber Plantation Holders’ Co-operative Society) interests “tantamount to a conduct unbefitting that of an advocate and solicitor which conduct as such brings the legal profession into disrepute” and struck off the Roll of Advocates and Solicitors by the Chairman of the Advocates and Solictors Disciplinary Board Tan Sri Khalid Ahmad Sulaiman on 7th March 2008, which was upheld by the High Court; and

• Whether a statutory declaration can clear Rohaizat of his “personal conduct” resulting in his being struck off the lawyers’ rolls?

The first question is one of fact, for which Rohaizat cannot deny even though the Umno information chief Ahmad Maslan had called Rohaizat a hero for assuming responsibility for the improprieties of a former partner, Yusri Ishak. Yusri has since surfaced to point out that it was Rohaizat who was personally responsible for the misappropriation of the client’s monies – for which there has been no rebuttal from Rohaizat.

If the answer to the second question is “yes”, it will have far-reaching implications. Does this mean that the Commissioners of Oath in the country will be having a roaring business as there would be long queues of people who would want to make statutory declarations that they were not guilty of offences they had been convicted.

If the answer to the second question is “no”, then what is the worth of such a statutory declaration?

Tengku Razaleigh has summed it up best with his questions:

“Is Umno so short of people that we have to find a lawyer disbarred for financial dishonesty to stand? Has financial misconduct become so common among us that we no longer see it as a factor in a candidate’s suitability?”

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Temple Relocation Decision Not Made By Individual - Jayakumar

SHAH ALAM, Aug 20 (Bernama) -- Selangor state executive councillor Dr A. Xavier Jayakumar said Thursday he was not the only person who decided on the relocation of the Sri…

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SHAH ALAM, Aug 20 (Bernama) -- Selangor state executive councillor Dr A. Xavier Jayakumar said Thursday he was not the only person who decided on the relocation of the Sri Maha Mariaman Temple from Section 19 to Section 23 here.

The chairman of the Health, Plantation Workers, Poverty and Caring Government Committee said in a statement that the Selangor Non-Muslim Houses of Worship Committee was jointly chaired by three state executive councillors including him and not by him alone as was reported in the media recently.

The committee also comprised representatives from the land and district offices, the local authorities, the Land and Mines Office, the Selangor State Development Corporation or owners of the property, non-governmental organisations (religious) and the temple or house of worship committee involved, he said.

The respective state assemblyman and member of parliament and the Selangor Islamic Affairs Department also sat on the committee, he added.

On the relocation of the temple from Section 19 to Section 23, which was opposed by the local residents, Dr Jayakumar said a series of meetings was held with the relevant quarters before any decision was taken.

"The Shah Alam City Council (MBSA) subsequently brought the proposal paper on the relocation of the temple from Section 19 to Section 23 to a meeting of the Selangor Economic Action Council, which was attended also by the State Secretary (Datuk Ramli Mahmud), State Financial Officer (Datuk Mohd Ariff Ab Rahman) and State Legal Advisor (Datuk Zauyah T. Loth Khan)," he said.

Dr Jayakumar said all the 10 state executive councillors, including Menteri Besar Tan Sri Abdul Khalid Ibrahim, also discussed the matter at the meeting of the Selangor Economic Action Council which subsequently approved the proposal paper.

"I wish to explain here that the decision was a consensus decision and not made by one individual as reported," he said.

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Salam Ramadhan; Mengingati mereka yang ditahan tanpa bicara, menyambut bulan suci dikurung mangga besi

by Nathaniel Tan

Salam Ramadhan kepada semua. Semoga bulan suci ini penuh bermakna.

Terbaca tadi, kisah mereka yang kini menyambut Ramadhan kali untuk tahun ke lapan dikurung di belakang mangga…

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by Nathaniel Tan

Salam Ramadhan kepada semua. Semoga bulan suci ini penuh bermakna.

Terbaca tadi, kisah mereka yang kini menyambut Ramadhan kali untuk tahun ke lapan dikurung di belakang mangga besi, ditahan tanpa bicara.

Semoga tahun ini tahun terakhir semua tahanan tanpa bicara diseksa begini, insyallah!

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Permatang Pasir Voters Should Take Advantage Of Dpm's Development Pledges, Says Shafie

BUKIT MERTAJAM, Aug 21 (Bernama) -- Voters in the Permatang Pasir should take advantage of the development pledges for the constituency by Deputy Prime Minister Tan Sri…

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BUKIT MERTAJAM, Aug 21 (Bernama) -- Voters in the Permatang Pasir should take advantage of the development pledges for the constituency by Deputy Prime Minister Tan Sri Muhyiddin Yassin who has promised to make it a "golden child" of the federal government, said Rural and Regional Development Minister Datuk Seri Mohd Shafie Apdal.

He said this would happen if the Barisan Nasional (BN) candidate, Rohaizat Othman, won the by-election for the state seat on Tuesday.

"This is the best opportunity for the people of Permatang Pasir to see real changes in term of infrastructure and other facilities," told reporters after campaigning house-to-house for Rohaizat in Simpang Tanjung Putus here Friday.

Mohd Shafie, who is also Umno vice president, added that he was confident that the voters in Permatang Pasir would opt for an elected representative who would be able to deliver the goods come Tuesday.

Meanwhile, Wanita Umno chief Datuk Seri Shahrizat Abdul Jalil said it was a myth that Permatang Pasir was an opposition stronghold.

"A lot of the people are poor here (Permatang Pasir), and they are now grumbling because of unfulfilled promises by Pakatan Rakyat (PR). They want more of the BN leaders to go in, be with them and change their lives," she told reporters after visiting the Kampung Paya BN machinery at Tanah Liat, here.

Shahrizat, who is also Women, Family and Community Development Minister, added that Wanita Umno members were being warmly welcomed during campaigning in the constituency, which showed that claims that it was an opposition stronghold was a mere myth.

The Permatang Pasir state seat by-election is called following the death of incumbent assemblyman Datuk Mohd Hamdan Abdul Rahman of PAS in July 31.

BN's Rohaizat Othman is locked in a straight fight with PAS' Mohd Salleh Man, the Penang PAS commissioner.

The constituency has 20,290 voters (including one postal voter), with 72.36 per cent Malays, 25.85 per cent Chinese, 1.63 per cent Indians and 0.16 per cent "others".

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Bukti calon Bn bohong dan aniaya isteri ke dua

By Chegu Bard

Secara peribadi 'politik peribadi' adalah bukan pilihan kegemaran. Namun apabila terbaca kenyataan calon Bn di Malaysiakini yang menafikan kewujudan isteri keduanya dan bukti yang disiarkan di sebuah…

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By Chegu Bard

Secara peribadi 'politik peribadi' adalah bukan pilihan kegemaran. Namun apabila terbaca kenyataan calon Bn di Malaysiakini yang menafikan kewujudan isteri keduanya dan bukti yang disiarkan di sebuah blog amat bertentangan.

Jika benar pendedahan dalam blog seorang aktivis reformasi ini, maka satu penilaian serius harus difikirkan oleh pengundi khususnya penyokong Bn. Jika benar maka beliau yang mampu menganiaya seorang yang terlalu rapat denganya (isteri) bagaimana nak diharap beliau mampu membela rakyat terbanyak ? Apa salahnya dia bercakap benar punya isteri kedua , tidak ada salahnya......

Belum reda lagi 'serangan' mengenai salah laku beliau sebagai peguam kini beliau punya diserang dengan isu 'isteri simpananya' pula.....yang kononya bekas kakitanganya yang dinikahi secara 'sulit' pada 2005 dan kemudian baru didaftarkan penikahan beberapa tahun selepas itu dengan membayar denda di Mahkamah Syariah....namun sehingga kini digantung tidak bertali..... Wanita Umno digesa menuntut keadilan bagi pihak wanita itu jika benar ia berlaku....

Maka benarlah 'teori' yang mengatakan calon ini sengaja dipilih untuk mensabotaj Umno dari dalam sebagai isyarat protes gaya pimpinan utama Umno.

Pendedahan klip boleh dilayari dalam http://nnora75reform.blogspot.com/ yang dikatakan punya perbagai bentuk bukti seperti dokumen, klip video dan klip audio . Nilaikan sendiri dan jika ia benar pengundi dan jentera Bn sendiri harus membuat keputusan.

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Federal Court strikes out Buah Pala residents' application - Malaysiakini

The Federal Court today dealt the final blow to Kampung Buah Pala villagers in Penang - it stood by its June 26 decision that they must vacate their homes.

Chief…

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The Federal Court today dealt the final blow to Kampung Buah Pala villagers in Penang - it stood by its June 26 decision that they must vacate their homes.

Chief Judge of Malaya Justice Arifin Zakaria, who led the three member bench, struck out the villagers' second leave application and allowed a preliminary objection by landowner Koperasi Pegawai Kerajaan Negeri Pulau Pinang Bhd and developer Numestro Venture Sdn Bhd.

The other two judges were Federal Court judge Justice Zulkefli Ahmad Makinuddin and Court of Appeal judge Justice Md Raus Sharif.

Ariffin also ordered the villagers to pay costs.

The villagers were represented by Darshan Singh Khaira and P Uthayakumar.

Some 50 villagers were at the apex court to hear the verdict.
Nusmetro was represented Shareen Abdul Manan while Karin Lai acted for the Koperasi.

The 45 families had named Koperasi Pegawai Kerajaan, Numestro Venture and Pentadbir Tanah Daerah Timur Laut Pulau Pinang as respondents in the action.

They are seeking a stay of execution of the bailiff's order to demolish the nearly 200-year-old Indian traditional village, popularly known as High Chaparral located in Bukit Gelugor.

The application was filed on July 31 and was fixed for hearing today by Federal Court senior assistant registrar Surita Budin in Kuala Lumpur.

Today, their counsel raised the issue of locus standi (legal standing) of the villagers in bringing the action against Koperasi Pegawai Kerajaan and Numestro Venture.

Locus standi not raised earlier

However, Ariffin in his decision today, ruled that the issue of locus standi (legal standing) to institute legal proceedings against the cooperative and the developer could not be raised at the apex court because it was never raised before at the lower courts.

On the second issue of indefeasibility of the land title, Arifin said the Court of Appeal had ruled that the alienation to the cooperative was proper and legal.

He said the residents could have raised the title issue before the previous Federal Court panel on June 26, but had failed to do so.

"Therefore, they cannot raise it now," Arifin said.

Following the apex court's decision, the villagers must now have to vacate their houses.

The developer had last week agreed to postpone the demolition of the houses to Sept 1.

The decision to postpone the demolition came after an hour-long meeting between Numesto's executive director Thomas Chan, the court bailiff, the villagers and George Town police chief Azam Abd Hamid.

The negotiation took place in a mobile police beat parked near the village main entrance.

Today's leave application was the second application.

The Federal Court had on June 26, before a panel led by Justice Augustine Paul, also dismissed the application.

They were appealing against a Court of Appeal ruling on May 11 that declared the residents trespassers on the settlement and were ordered to vacate the land.

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