Hindraf chief threatens to sue erstwhile comrades - Malaysiakini

Hindu Rights Action Force (Hindraf) chairperson P Waythamoorthy has sent a demand letter to four of his former comrades asking them to retract defamatory statements made to the media, failing which he will exercise the right to sue them.

The four are Penang DAP Deputy Chief Minister 2 P Ramasamy, Sungkai assemblyperson A Sivanesan and two other Hindraf activists, V Ganabatirao and K Vasanthakumar. Ganabatirao is also a DAP member.

They were said to have made defamatory statements which were published in English and Tamil dailies as well as in news portals, including Malaysiakini.

The articles called in to question Waythamoorthy's sincerity and asked him account for an alleged RM700,000 that was collected for the Hindraf cause.

The articles included a Malaysiakini interview with Ganabatirao entitled, Hindraf: Where's the money, buddy? and one in which Sivanesan asked Waythamoorthy (right) to account for allegedly RM700,000 of Hindraf funds.

Following these statements, Waythamoorthy did threaten to sue all three DAP members in August this year.

The demand letter was sent to the four via his lawyers Kumar, Hashimah & Co. Waythamoorthy wants them to retract their statements and make an apology.

He also wants a written undertaking that the four would not make similar allegations in the future and want the respondents to pay indemnity costs.

Schism within Hindraf

Waythamoorthy, Ganabatirao and Vasanthakumar along with M Manoharan, P Uthayakumar and R Kenghadharan were key individuals behind the Hindraf rally on Nov 25, 2007.

All five, excluding Waythamoorthy, were detained under the Internal Security Act. Waythamoorthy was on a pilgrimage in India, before imposing self-exile.

During the ISA detention of the five, Waythamoorthy carried the Hindraf mantle in the international arena.

All of them have been given a week to to respond to the demand letter.

Why the poor and the marginalized need HINDRAF and its Political Wing the HRP

When the Police, the Political parties, the Courts all gang up against you when your rights are being taken away systematically from you, what do you do? When Politicians regardless of their hue or colour resort to manipulation and threats to carry out the usurpation of your rights what do you do? When the supposedly opposition parties, opportunistically work with the same police and courts that they themselves are having trouble with, attack and prevent the poor and marginalized from realising their rights what do you do?

What do you do?

What does one do?

I think the inevitable is about to happen, if it is not already happening.

Read on.

One must first have a basic understanding of how it all works that we have this repeating outcome. The political system in the country is an electoral democracy. The social system is one based on ethnicity. The economic system is based on free market operation. Put all this together you have an ethnically orientated policy making Government that favours the rich among the economic classes, the Malays among the ethnic groups and the politically numerous groups, votewise, among the polity.

Within this system when you have an ethnically homogeneous group that numerically is small and is at the bottom of the economic ladder, like the poor Indians , what tends to occur in this system is a systematic usurpation of its their rights and denial of their share of the resources of this nations – in short, marginalization occurs as a direct outcome of the workings of this system. You just scan Malaysiakini for the last several years and every week in their columns you will find something or the other about all of this.

The latest case is that of the Kuala Ketil Tamilar Association – a small Association of Indians in the Kuala Ketil area, in Kedah. Right now their burial ground is being threatened by the Kedah State Government. This is a burial ground the Indians in that area have been using for a long long time. Only a historical study can verify its true age, not petty politicians as they are wont to do in this case to justify their eagerness to sweep away this part of our history. Now using threats, using treachery, using the Police, using the Media, the Kedah State Government is trying to steal this land from the Indians there, all over again. This story has been told so many times in recent memory across the country – especially so since this thing called ‘economic development’ has been occurring on land which were historically plantation land, for the benefit of the pockets of the rich and powerful in the country with little or no concern for the historical occupants of the land.

Slowly little by little the Indians are being pushed out – a little out of the estates, a little out of their temples, a little out of their urban squatter settlements, a little out of their traditional burial grounds, a little out of their schools, a little out of their traditional employment, without any or proper or equitable replacement. The aggregate social effect of all this is potentially a decimation of a community by what you can call a death of a thousand cuts.

When all this happens the people of the community are left with little choice but to look to their collective strength to stay this jeopardy to their existence as a community. They have to get organized to ward off this steady, sometimes open, sometimes surreptitious encroachment, which if not checked means a complete erasure of their community from the face of this country.

That collective strength of these Indians is now finding increasing expression in Hindraf and the Human Rights Party. Hindraf and the Human Rights Party are now increasingly providing the ideological, moral and physical leadership for the poor and marginalized Indians in Malaysia. Hindraf started as a huge emotional outburst two years ago. Now it is finding systematic form and is standing up for the people in more organized manner. Hindraf and its political wing, The Human Rights Party, as a trademark now gets to the crux of the matter right away whenever a problem raises its ugly head against the poor Indians and confronts those responsible immediately for the wrongful actions and does this all fearlessly. This is the defining character of Hindraf and of the Human Rights Party- its fearlessness and its clear articulation of the oppressive tendencies within the system.

In the case of the Kuala Ketil Tamilar Association, they contacted Uthaykumar for support against those who were attempting to steal the burial ground off from them. Uthayakumar immediately responded to them in support and sent in a clear letter to the Chief Executive of the State of Kedah, the Kedah MB, Ustaz Azizan. He outlined the problem from the point of the view of the Indians there, the wrong approach of the Kedah State Government in trying to push the Indians out, and a reassertion of the rights of the Indian people there. He is providing the people there with the leadership they need to stop this already too far gone encroachment and to start the process of regaining what has been lost.

Whether this initiative succeeds, the general process has begun - the process where the poor and marginalized Indians will start looking to Hindraf and the Human Rights Party for support against the systematic encroaching which they have been suffering silently all this while and of a systematic and fearless response of support for these people by Hindraf and the Human Rights Party. This is a virtuous cycle and as days pass the momentum of this cycle will build.

The poor and the marginalized need to be heard. They need to obtain their share of the resources of this country. They need to regain their lost dignity. They need to become equals in substance in this system. They need to stand up against the treachery that has kept them there. Hindraf and the Human Rights party provide just all of that. Hindraf and the Human Rights Party were born just out of that need. They are nothing short of an expression of the aspirations of the poor and the marginalized in Malaysia. This is the raison d’etre for Hindraf and the Human Rights Party.

This is history in the making .

Bersih plays down electoral reform demands

By Adib Zalkapli - The Malaysian Insider

KUALA LUMPUR, Dec 18 — Electoral reform group Bersih has surprisingly toned down its demand for the restoration of local government elections, a move seen to avoid confrontation with Pakatan Rakyat (PR) parties.

“Restoring local elections has always been part of Bersih agenda, but we are more concerned with the reform of the election process,” said Bersih secretary Faisal Mustaffa, who is also a member of the PKR Youth wing.

The group’s committee members met last night and all agreed that restoring the third vote is not “Bersih’s core demand but a long-term target”.

Faisal added that Bersih would continue to focus on pushing for administrative reform in the election system such as the cleaning up of the electoral roll, the use of indelible ink and the independence of the Election Commission (EC).

In November 2007, the group organised the largest street demonstration in the city in a decade, mobilising some 60,000 protesters to demand for free and fair elections.

The group’s effort in mobilising support contributed to Barisan Nasional’s (BN) worst electoral performance in Election 2008, which was held just four months later.

The federal opposition has dropped its commitment to restore the third vote in its Common Policy Framework scheduled to be launched tomorrow at PR’s first national convention.

The Malaysian Insider understands that PR will merely declare its commitment to "strengthen local democracy", giving them more options to handle the matter.

The opponents of local elections in PR are concerned with the “racial composition in major towns”, the administration centre of most local councils.

A senior DAP leader noted that concern was fallacious as the only Chinese-majority areas are Ipoh City in Perak and Georgetown in Penang. "Race should not be a concern as far s PR is concerned," he told The Malaysian Insider.

Some of the leaders were also reluctant to back the move, arguing that it would make local councillors dependent on party machinery.

“The parties who promised to restore local elections before the last general election must now explain to their voters of their decision,” said Maria Chin’s Coalition for Good Governance, a group that has been lobbying PR-ruled state to hold elections for local councils.

DAP and PKR had both pledged to restore local government elections in their manifesto during Election 2008.

Since the suspension of local elections in the 1960s, councillors are appointed directly by the state government and this has since turned into a political reward for ruling party officials.

Sell down sparks concern of return to Mahathir era

Pua fears a return to the days when billions in projects were given to the connected. — File pic

By Lee Wei Lian- The Malaysian Insider

PETALING JAYA, Dec 18 — The Najib administration’s decision to sell down stakes in government-linked companies (GLCs) has triggered talk that these entities would end up concentrated in the hands of politically-connected businessmen.

The country is still suffering a hangover from the days of the Tun Dr Mahathir Mohamad administration which embarked on a raft of privatisation projects such as highways and the military shipyard in Lumut to the politically-connected elite.

But as Datuk Seri Najib Razak's government attempts to cut back on the government's exposure to Khazanah Nasional's investments, The Malaysian Insider understands that there is talk of politically-connected businessmen lobbying to take over these investments, in a mirror of what happened during Dr Mahathir's time.

This week, Khazanah Nasional placed out two per cent of the stock of power utility Tenaga Nasional in a move aimed at drawing foreign funds back to the laggard stock market.

Khazanah raised RM704.7 million after placing out this week about 87 million shares in Tenaga, the country’s 6th-largest company by market capitalisation.

The Tenaga placement came after Khazanah’s recent sale of 92 million shares in PLUS Expressways. The state fund owns more than half of PLUS.

With foreign ownership of Malaysian stocks standing at slightly above 20 per cent, fund managers and analysts said that the move would draw back foreign funds, who deserted the Malaysian market during the credit crunch.

But local players are also waiting in the wings.

Asas Serba, a little-known company rumoured to be linked to Tan Sri Halim Saad, had in October proposed a RM50 billion takeover of the nation's toll concessions and there is now speculation that other businessmen close to Halim and former Finance Minister-cum-business tycoon Tun Daim Zainuddin are keen on privatising various other government entities and GLCs.

While neither Daim nor Halim have surfaced so far, according to sources, people close to them have made the case for privatising the toll concessions to the country's top leaders and influential personalities.

Najib had said that the sell down will remove the government from being in direct competition with the private sector and will involve companies under the Ministry of Finance Inc and other viable government agencies.

The opposition is already paying close attention to the moves.

The recent decision to award the construction of the Matrade convention centre to the Naza group without a competitive tender set off alarm bells within Pakatan Rakyat.

While the government has maintained that it is getting a good deal in allowing Naza to build the convention centre in exchange for 2.8 million square feet of prime land, DAP MP Tony Pua has questioned the lack of an open tender and said that he had been directed to the Prime Minister's office for his enquiries because the deal was a "privatisation" exercise.

He says there is now a fear of a return to the days where billions in privatisation projects were "dished out" to people who were connected, or who were acting on behalf of the country's political elite.

"We must prevent another episode of the Port Klang Free Zone (PKFZ) which was a privatisation project via direct negotiations mired with incompetence, abuse of power and wanton recklessness," says Pua

Court of Appeal says MACC can now interrogate witnesses or suspects after 4pm

By M. Mageswari, The Star

The Court of Appeal has ruled that the Malaysian Anti-Corruption Commi-ssion (MACC) has the right to interrogate witnesses beyond office hours, reversing the Nov 19 landmark ruling by a High Court.

Court of Appeal Judge Justice Hasan Lah, who sat with Justice Ahmad Maarop and Justice Syed Ahmad Helmy Syed Ahmad, said the decision was unanimous.

In the judgment yesterday, Justice Hasan said nothing in the provision of the Malaysian Anti-Corruption Commission Act said that investigations could only be carried out during working hours.

Justice Hasan said the three-man panel could not agree with the trial judge over the interpretation of Section 30(3)(a) of the Act.

The section states that “a person to whom an order has been given shall attend in accordance with the terms of the order to be examined, and shall continue to attend from day to day where so directed until the examination is completed”.

“We are of the view that Section 30(3)(a) of the Act comprises two parts as submitted by Senior Federal Counsel Amarjeet Singh.

“In the first part, there is no time element involved while there is nothing in the second part of the Section to restrict examination hours to only normal working hours,” said Justice Hasan after deliberating for an hour.

On Nov 19, High Court (Appellate and Special Powers division) judge Justice Mohamad Ariff Md Yusof declared that witnesses could only be questioned by the commission from 8.30am to 5.30pm each day.

The ruling was made following a lawsuit brought by Kajang municipal councillor Tan Boon Wah on July 22 over whether witnesses could be questioned outside office hours.

In his originating summons, Tan also named chief commissioner Datuk Seri Ahmad Said Hamdan and the commission’s Selangor assistant superintendent Mohammad Hassan Zulkifli as defendants.

Tan, 39, was among three people who were summoned by the commission to assist in investigations into the alleged misuse of allocations by several Selangor state assemblymen.

Justice Mohamad Ariff had ordered the defendants to pay damages to Tan for false imprisonment between 9.45pm on July 15 and 2.53am the next day.

Justice Hasan in his ruling yesterday ordered Tan to pay RM10,000 in costs to the MACC.

Tan’s lead counsel, Karpal Singh said he would file leave to appeal the ruling at the Federal Court on Monday.

Later in the day, the MACC pledged to ensure the safety and well-being of all witnesses and suspects who were under the commission’s care while being questioned.

Deputy commissioner Datuk Abu Kassim Mohammed said the Court of Appeal’s ruling yesterday would allow his officers to carry out their duties “as usual”.

“Whatever the courts decide, my officers will continue to carry out their responsibilities without being pressured by any parties.

“The commission will also ensure that all suspects and witnesses being interviewed are safe at all times while under our care.”

MANOHARA: 'Powerful person' helped me flee

Malay Mail
By Frankie D'cruz

KUALA LUMPUR: A close aide of a member of the Kelantan royal household is believed to be the hidden hand in ending the relationship between Manohara Odelia Pinot (right) and Tengku Muhammad Fakhry who is embroiled in a succession struggle with his older brother.

The 18-year-old American-Indonesian actress and former teen model was apparently a pawn in putting her husband, Tengku Fakhry, 31, the Tengku Temenggong Kelantan and the third in line to the throne, out of the equation in the succession, sources said.

Manohara this morning told The Malay Mail that a high-ranking palace official had "helped me flee".

She described the person as a "powerful person" and that she was assured that her well-being, including finances, would be taken care of.

Manohara denied any knowledge of a rift in the Kelantan royal household, and maintained that she had been sexually and physically abused.

She said "a person in high office" told her not to worry about the latest Kelantan Syariah High Court ruling which compelled her to return to her husband, and pay back RM1 million and an earlier civil High Court matter in which she lost a RM105 million defamation suit.

This revelation has added a fresh twist to the Kelantan throne succession tussle involving the prince and his older brother, Tengku Muhammad Faris, 35, the acting ruler.

Sources said the problems between Tengku Fakhry and Tengku Faris were propelled by the marital dispute of the former that made international news.

The sources said businessman Datuk Kadar Shah Sulaiman Ninam Shah was used to plot Manohara’s return home on May 31 to Jakarta from Singapore where she and her husband were visiting the Sultan of Kelantan at the Queen Elizabeth hospital.

Kadar Shah had said he was roped in to help Manohara to escape from an "abusive" husband with the blessings of the office of the Kelantan palace.

The palace, however, distanced itself from the private matter and issued a statement saying Kadar Shah had not received its blessings. The controversial Johor businessman has been away overseas since then.

The sources claimed the plan was to discredit Tengku Fakhry and put him out of contention as successor to the throne.

Tengku Fakhry has, however, been vindicated as Manohara did not turn up in both the Syariah and civil courts to prove allegations of sexual and physical abuse by him.

The sources claimed the dispute between Tengku Fakhry and Tengku Faris had been simmering since their father fell ill in May.

They said the Sultan of Kelantan, who is recovering, had indicated that he was unhappy with the rift between his sons.

"The Sultan is showing good signs of recovery and would like to be transferred to Kota Baru Hospital soon," said a source.

Defamation suit sets ball rolling

KOTA BARU: The first sign of problems between the brothers came when Tengku Fakhry sued two top Kelantan palace officials for defamation in yet another move to clear his name in the high society scandal triggered by Manohara.

The civil action filed in the High Court in Kuala Lumpur on Aug 10 accuses the Comptroller of the Kelantan Palace, Datuk Abdul Halim Hamad, and the administration officer of the palace, Nik Mahmud Nik Jaafar, of bringing disrepute to the prince.

Central to the suit is a media statement by Abdul Halim on June 15 that states the Sultan of Kelantan and the Office of the Sultan should not be dragged into the marriage crisis involving Tengku Fakhry and Manohara.

Abdul Halim had said in the statement that the Sultan and his office do not have any connection with statements made by Tengku Fakhry over marital problems he was having with his wife. In his statement of claim, Tengku Fakhry, 31, said he had never made a statement todate regarding his problems with Manohara.

Further, he claimed Abdul Halim did not consult him before issuing the media statement, and that he was not given an opportunity to comment on or rebut the statement.

Tengku Fakhry said by implying that his father and the office of the Sultan were distancing themselves from him meant that he was guilty of torturing and abusing Manohara.

It meant that he was a prince of improper conduct who brought humiliation to the royal household to the extent his father had to distance himself from him and matters involving his marriage. The palace officials have applied to strike out the suit stating that they were acting on the order of Tengku Faris.

State beset by royal tiffs

KOTA BARU: Tengku Faris was appointed the regent on May 25 and Kelantan had been besieged with problems since.

He removed Tengku Fakhry from the Council of Succession by a royal order on Sept 16 and followed up by appointing five people to the council to apparently consolidate his position and avoid any objections to his appointment as Sultan in the event of his father’s death.

Tengku Fakhry, the youngest of three brothers, received the termination notice from the Kelantan State Secretary and is challenging its validity.

He claims that his appointment to the council was valid as he was appointed by his father.

He argues that his claim to be the heir could be challenged as the Council of Succession has the right to determine the next ruler.

Tengku Fakhry says the council is responsible for determining who will succeed the Sultan of Kelantan as the rightful ruler, and also whether there is a vacancy on the throne by reason of a prolonged absence from the State by the reigning sovereign.

He says the revocation of his appointment to the council is in violation of Article 7 of the Kelantan Constitution and that the regent acted beyond his powers and discretion.

He maintains the powers must be exercised personally by the Sultan, adding that the regent had breached the rules of natural justice.

Tengku Fakhry filed for an application for judicial review on Dec 1 to challenge the regent's decision to dismiss him, and has named the acting ruler and seven others as respondents.

The High Court will decide on Dec 31 whether Tengku Fakhry’s application for judicial review will proceed.

Anwar Expected To Appoint Dr Jeffrey As PKR Liaison Chief For East Malaysia

KOTA KINABALU, Dec 18 (Bernama) -- De facto Parti Keadilan Rakyat (PKR) leader Datuk Seri Anwar Ibrahim appears determined to crack Sabah PKR's conundrum.

In what is seen as a move to salvage the political future of the party in the state, Anwar is expected to appoint Datuk Dr Jeffrey Kitingan, who resigned as a vice-president of PKR last October, as the party's liaison chief for Sabah and Sarawak.

According to a reliable source, it was hoped the surprise move would appease Dr Jeffrey and his supporters, thus averting a split in the party.

The source said Anwar was scheduled to make a special announcement on the appointment at the launching of the state party convention here this Sunday.

Dr Jeffrey was earlier rumoured to be contemplating rejoining Parti Bersatu Sabah (PBS) led by his elder brother Datuk Seri Joseph Pairin Kitingan following the former's resignation as PKR vice president.

Dr Jeffrey, who was once Bingkor assemblyman, had also been linked to the purported application to register a new party called Parti Cinta Sabah (PCS) which he later denied he had a hand in it. Several division chiefs aligned with Dr Jeffrey were believed to have initiated the formation of the new local-based party.

It is believed that many of the division chiefs, including Dr Jeffrey himself, were disappointed with Anwar's decision to appoint Ahmad Thamrin Jaini as the party's new chief in Sabah.

Sabahan Ahmad Thamrin was named as the new state PKR chief recently after a group of division chiefs expressed no-confidence in PKR vice-president Azmin Ali leading the state PKR.

The appointment was said to be on a temporary basis as the party election at the state level would probably be held next year.

It is reliably learnt that the PKR leadership had also rejected the resignation of former Sabah PKR deputy chairman Christina Liew as a supreme council member.

In announcing her resignation on October 28, this year, Liew had said she would remain as a party member and retain the post of Kota Kinabalu division chief.

Second Penang bridge concession is 45 years?

I have just learned from a reliable source that the concession period for the controversial 17-km second Penang bridge is a staggering 45 years.

File picture of second Penang Bridge construction site at Batu Kawan – Photo by Anil

And that source is the Malaysian Highway Authority’s Annual Report for 2008 – although it doesn’t indicate when the concession period will begin.

At 45 years, it is the highest among nine highways listed as under construction. Of the remaining eight, two are for 40 years each, and the rest 33-34 years. So why is the second bridge so special to warrant 45 years?

It is estimated (not from the report) that the bridge could cost RM4.5-5.0 billion – though the final figure is anyone’s guess, knowing our history of major infrastructure projects. (Earlier press reports had mentioned a figure below RM3 billion.) The present 8km-Penang Bridge, which cost about three quarters of a billion ringgit, has been repaid many times over since its completion in the mid-1980s.

The second bridge will connect Batu Maung on the island with Batu Kawan on the mainland and link up with the North-South Highway with a total length of 24-km.

The work is divided into three packages:

1. Design and construction of the main navigation span, foundational work and sub-structure for the approach spans.
2. Design and construction and completion of the main structural work for the approach spans.
3. Construction and completion of the overland highway including the construction of a multi-level interchange at Batu Maung and Batu Kawan.

The concession firm is Jambatan Kedua Sdn Bhd, a special purpose vehicle of the Finance Ministry.

The firm appointed Chec Construction (M) Sdn Bhd (China Harbour Construction Company or CHEC) on 20 October 2008 to handle Package 1, which could be worth over RM2 billion.

Package 2 (about RM1.5 billion?) could go to a large GLC (UEM?).

Package 3 is likely to go to local contractors with local financing.

As at 31 December 2008, preliminary work on land surveying, dredging and a temporary jetty had begun. The completion date is now expected to be 2013.

If the concession period is reallys 45 years, the astronomical profits from toll incurred by commuters will go to the federal government via the concession firm.

It woudn’t be so bad if some of this toll collection is used to improve public transport in Penang. But look at the state of our public transport.

Actually, why not just increase the number of ferries and improve the overall service with more routes. Also, construct a rail link near the present Penang Bridge while on the present bridge itself, introduce a shuttle bus service. More sustainable and less of a long-term financial burden for commuters (less petrol and toll)!

Re:noisy Indians and 'keling' blood: Utusan strikes again

To all,

Please do not take this article below personally though the word Keling is referred to Indians crudely to incite anger racially. Why?

In my opinion only, let us hear it (Keling) as a sound of our temple bell being uttered at us. So when anyone who recite the mantra “Keling” on Indians, we become their GOD or Ketuanan inwardly by the cacophony of our temple bells which goes to instills them to become more Hindu then a Muslim religiously but unconsciously, because for humanity to prevail we need wisdom.

Conceptually, for a Hindu the sound of the temple bells equates to an element of reflective matter (earring) at the microcosm state of living being, aware as Jivatma transcending in pure consciousness as Paramatma to eternally dock at the macrocosm state of the Absolute (Bagavan) spiritually.

Refer on quotable quotes from noble ones what values needed for humanity to evolve. Are the Hindus really practicing it????

If the human intellect is switched off then ignorance prevails to trigger human’s emotional nature (fully dissolved in Maya (material Illusion) as anger leads to violence which is practiced and interpreted as Jihad by extremist (Tamasic by Guna) where humanity, logic and reality never existed. In other words advocators of devils in mind and Satan by nature(in Body & Spirit).

Seeing is believing as you witness daily through the sensitivity and hardcore nature of Religious Fundamentalist on the planet with their inhuman atrocities and its repercussion unfolds on them but sadly at the expense of the good and innocent perished or victimized to suffer. They just can’t see it because the attribute or feature of intellect in the human system is disabled. A good example is attached for your preview as this is true because seeing is believing. So you now know the difference between Satan and GOD

Inbamay Soolle, Ellorum Valga. (May Compassion prevail for all to live peacefully/harmoniously)

Aum…Jeya

Of noisy Indians and 'keling' blood: Utusan strikes again

The Umno-owned Malay daily Utusan Malaysia has once again trampled on racial sensitivities, earning it another two more police reports. The reports were filed by MIC Youth's racial integration bureau chief MT Padmanathan and PKR Batu Youth member V Ravindran with the Sentul police headquarters in Kuala Lumpur this morning. Both parties were incensed by a column published yesterday under the heading 'Alkishah India di India dan India di Malaysia' (The tale of Indians in India and Indians in Malaysia ). Among others, the writer Zaini Hassan said Indians in India and Malaysia are "loudmouthed and always making noise." He then zeroed in on DAP MP M Kulasegaran for 'making noise' over the special privileges accorded to the Malays. Zaini penned: "Dia tahukah apa yang dia cakap? Tapi yang pasti kenyataannya itu cukup sensitif dan akan membuat kumpulan lain marah. Tapi seperti biasa orang Melayu marahnya tidak lama." (Is he aware of what he is saying? One thing is for certain, his statement is very sensitive and will anger others. But as usual the anger of the Malays will not last for long). "Tak apalah. Orang Melayu tidak seperti orang India , walaupun ada juga Melayu yang darah keturunan keling (DKK), tapi darah Melayu yang lembut banyak menguasai mereka." (Never mind. The Malays are not like Indians, although some of them have 'keling' blood, but the 'soft' Malay blood in them is more overwhelming). Noisy...that is their culture In the article, Zaini also related his experience in visiting India recently, where he witnessed the hustle and bustle of the densely-populated nation. " India tetap India . Orang India ialah masyarakat yang begitu unik. Jika kita sering tengok wayang Tamil atau Hindi, itulah budaya mereka. Kecoh, kecoh dan kecoh." ( India is India . The Indians are unique. If we watch Tamil or Hindi movies, that is their culture, noisy, noisy and noisy). "Namun, kita di Malaysia pun ada orang India . Kecohnya pun lebih kurang sama. Mereka ini rata-ratanya terdiri daripada ahli-ahli profesional, peguam dan kini menjadi ahli politik." (There are also Indians in Malaysia , and the noisiness is about the same. These are the professionals, lawyers and now politicians.) Last year, Zaini had also attacked DAP MP Teresa Kok, whom he accused of ordering a mosque to lower the volume of its Azan prayers. The issue had even led to her brief detention under the Internal Security Act. Kok, who denied the allegation, subsequently filed a suit against the writer. Public apology sought In his police report, Padmanathan said the article contained elements that degraded the Indian community. "Utusan Malaysia has crossed the line. Such statements not only ridicule the Indians, but have the potential of stirring racial unrest," he said, adding that Indian Malaysians are enraged by this. Padmanathan urged the writer to publicly apologize to the Indian community here. Meanwhile, Ravindran stated in his police report that the article reeked of racism and went against the 1Malaysia concept espoused by Prime Minister Najib Abdul Razak. Also present was DAP's Teluk Intan parliamentarian M Manogaran. This morning, Human Resources Minister and MIC vice-president Dr S Subramaniam also criticised the daily for using offensive words. In a related development, Malaysian Hindu Sangam president RS Mohan Shan also urged Utusan to apologise. He also countered Zaini's statement that Indians in Malaysia were troublemakers. "We are not troublemakers. We are willing to work with anyone. Zaini is the troublemaker," he said. Mohan also defended Kulasegaran as a legislator who was defending the rights of the Indian community. "You cannot consider him a troublemaker. He and the rest of the Indian legislators were only defending our rights," he said.

Article by a well wisher

The regime to keep its grip on power has defined a Malay as anyone who is an adherent of Islam and who practises Malay customs. But this is not as straightforward as it seems. Many of the customs which the Malays practised were of Indian origin. Anyway, over the years a very large percentage of Malays have adopted western customs and the few residual 'indigenous' practices they retain all relate to rituals peculiar to Islam. In Kuala Lumpur between 50 to 70 % of the patrons of betting outlets are Malays.If you dont believe me then make a circuit of the betting shops in the capital and you will be able to verify my statement. According to a letter published in malaysiakini.com recently many young Malays frequent night clubs and pubs and consume alcohol. The main radio and TV channels regularly feature Hindi film songs whose fans are more than 80 % Malays, and what are Malay pop songs but those which copy the simian cavortings of the late Michael Jackson. Nothing therefore can be more imprecise than to speak of Malay customs.

As as been pointed out before only an insignificant number of people occupying some small islands in Indonesia can rightfully be called Malays. I am told that they amount to no more than 17 % of the total population of Indonesia but when Malaya was a colony of Britain, the heterogeneous collection of Bugis, Batak, Sundanese Minang etc, immigrants chiefly from that country for purely administrative convenience were classified as Malays. Not only has the present regime retained this unscientific taxonomy but has made it considerably more elastic so that from a scientific standpoint the term Malay is void of meaning, at least in the Malaysian context. Khir Toyo the former Chief Minister of the state of Selangor is the son of indigent immigrants from Jawa who should be classified as a Jawanese has instead chosen to branded himself as a Malay with the white hot iron of expediency and as a result enjoys all the privileges and benefits which the religio fascists grant to 'Malay' citizens. Ethnic Tamil and Chinese citizens have on the other hand been relegated to 2nd class citizenship although nearly all of them can trace their domicile in this country to many decades before the arrival of Toyo's parents. Najib Abdul Razak the current prime minister is of Bugis stock not a Malay. Worse, a former prime minister Mahathir anak lelaki Iskandar Kutty whose father was an immigrant from Kerala, South India also got himself branded as a Malay, and underwent a name change as well. Is it any surprise then that Zainuddin Mydin a pure Tamil -- he was a former cabinet minister --- has also become a Malay and that pure ethnic Chinese have also been granted the Malay classification. Please do not think that this apparently confusing system is capricious. No, not by a long shot; what is clear is that the regime to build a system of Apartheid based on Religious Exclusivity and sustain it has bestowed the Malay brand name on hundreds of thousands of recently arrived Muslim immigrants principally from Indonesia and the Philippines. For a background to this attempt to create a Muslim state in flagrant violation of the social contract entered into by the founding fathers of Malaya kindly read the several articles published in Malaysiakini on PROJECT M a diabolical scheme to make the Borneo state of Sabah a Muslim majority state. Indeed the flood of Muslim immigrants allowed into Sabah has altered the demography of the state radically with the result that the indigenous peoples are a minority, and the state which previously never knew nothing except inter ethnic amity is today a very religiously polarised society. Federal officials posted to Sabah who had been indoctrinated with the BTN creed of Religious Supremacy are in small measure responsible for this state of affairs.

Video of Uthaya ticking off the Kedah Chief Police Officer for not acting in accordance with the law

Subject: Video of Uthaya ticking off the Kedah Chief Police Officer for not acting in accordance with the law

A key question is raised in this incident - Is rhere rule of law in this country or not?

Please see the video and see for yourself that our country runs on the whims and fancies of the people in power - not by the rule of law. Especially in issues relating to the Indian marginalized and poor.

Mom fights, gets the delivery she wants

Joy Szabo changed homes so she wouldn't be forced to have a C-section. Marcus Anthony was born vaginally on December 5.

(CNN) -- Seven months into her pregnancy with her fourth child, Joy Szabo's obstetrician gave her some news she didn't want to hear: Because she'd had a previous Caesarean section, the hospital where she planned to deliver was insisting she have another one.

Szabo wanted a vaginal delivery, and argued with hospital executives, but they stood firm: They refused to do vaginal births after Caesareans (VBACs) because they have a slightly higher risk for complications.

After they lost that fight, Szabo and her husband, Jeff, made an unusual decision. About three weeks before her due date, Szabo moved nearly six hours away from their home in Page, Arizona, to Phoenix to give birth at a hospital that does permit women to have VBACs.

In the end, the Szabos got the birth they wanted. On December 5, their son Marcus Anthony was born in Phoenix via an uncomplicated vaginal delivery, weighing seven pounds and 13 ounces.

"It's a tough situation. Mom is tired. Dad is tired and nervous, and most people haven't spent their lives reading obstetrical textbooks...
--Dr. Bruce Flamm

"It was such an easy birth," Szabo says. "I was in the pains of labor for about four or five hours, then I pushed once, and he popped out."

The Szabos' story has a happy ending, but it shows that with the rising C-section rate -- now one in three babies is born via Caesarean -- women who want vaginal births sometimes have to fight to get them.

That fight is especially difficult when the decision to perform a Caesarean is made in the delivery room when there's often not much time to talk and consider all the options.

"It's a tough situation," says Dr. Bruce Flamm, a spokesman for the American College of Obstetricians and Gynecologists. "Mom is tired. Dad is tired and nervous, and most people haven't spent their lives reading obstetrical textbooks and don't know all the details involved."

Dina Ste. Marie was told she'd need a C-section, but a simple change in position allowed Isabella to come out vaginally.

Dina Ste. Marie, from Whitby, Ontario, remembers a tense moment in the delivery room three years ago when she was in labor with her first child. She'd been eight centimeters dilated for six hours, and the baby wasn't budging.

"We were near the end, but it just wasn't ending," she remembers.

When her obstetrician suggested she might be headed for a C-section, her doula, Stefanie Antunes, remembered a maneuver she'd seen midwives use to get a reluctant baby to come through the birth canal.

"Stefanie said if I laid down flat on my back it might help the baby get in a new position," Ste. Marie says. "I distinctly remember the labor nurse looking at her like she had 10 heads, but she said, 'You can try it if you want.' "

Ste. Marie got on her back, and the baby started moving around. Twenty-five minutes later, her daughter, Isabella, was born.

"It was such a major relief," says Ste. Marie. "I really wanted to avoid a C-section if I could."

Not every mother wants to avoid a C-section -- in fact, some request them -- but if you do, here are some tips for what to ask your doctor (or midwife) in the delivery room if the suggestion is made that it's time to give up on a vaginal birth and head to the operating room.

Video: How to get the birth you want

1. "Doctor, is this an emergency, or do we have time to talk?"

Sometimes you need a C-section to save your life, your baby's life, or both. In those cases, there's no room for discussion.

Delivery room emergencies include excessive bleeding, a breech position where the baby is headed out foot-first, or when the baby has certain heart rate problems, according to Flamm.

"In these situations, this is not a good time to talk about your desires for a natural birth," Flamm says.

This is a very tough discussion to have in the delivery room. You're vulnerable, because you're talking about your baby's well-being.
--Debbie Levy, certified nurse midwife

2. "Doctor, what would happen if we waited an hour or two?"

The vast majority of the time, when your doctor or midwife tells you it's time for a C-section, it's not an emergency, Flamm says.

In many cases, women just need more time to labor, he adds. In fact, he says the No. 1 reason for a C-section is "failure to progress" during labor. "If that's what we're talking about, then it's not an emergency," he says.

3. "Doctor, are you sure the baby is too big for me to deliver?"

Sometimes parents are told a baby is too big to deliver vaginally. Dr. Ware Branch, medical director of women and newborns clinical program at Intermountain Healthcare in Utah, says parents should ask whether a C-section is absolutely necessary, especially if labor hasn't advanced very far.

"If it was my wife in labor and she's three or four centimeters dilated and the obstetrician says the baby's head is too big and she can't deliver him, I'd say, 'Nonsense, she hasn't really had a trial of labor, doctor.' "

4. "Doctor, is there something else I can try before having a C-section?"

Antunes, a spokeswoman for DONA International, which certifies doulas, says there may be options such as maneuvers like the one she used on Ste. Marie to get a slow labor moving.

You shouldn't be afraid to speak up and say you'd like to try to labor longer.
--Debbie Levy, certified nurse midwife

5. "Doctor, can we talk more about the baby's heart rate?"

If you're told you need a C-section because of the baby's heart rate, try to get your doctor or midwife to be as specific as possible.

Some heart-rate problems mean a C-section is necessary immediately, but other types of heart-rate issues are not nearly as serious, and you may be able to labor longer.

"This is a very gray area," says Debbie Levy, a certified nurse midwife in Marietta, Georgia. "It takes years to learn how to read fetal heart tones, and it's not an exact science."

Levy says it can be difficult to ask these questions when the person delivering your baby says it's time for a C-section, especially since mom and dad are often exhausted.

"This is a very tough discussion to have in the delivery room," she says. "You're vulnerable, because you're talking about your baby's well-being."

But she says as long as it's not an emergency, you should have these delivery room conversations with your doctor or midwife.

"You shouldn't be afraid to speak up and say you'd like to try to labor longer," she says.

Indian youth 28 beaten up in police custody (Malaysiakini)

A man detained on suspicion of sexual harassment was tortured and beaten despite the Police being aware that a false report was lodged against him.

S Isaikumar,28, lodged a report at the Seremban police headquarters. He was accompanied by his lawyer N Surendran.

Surendran said that Isaikumar (right) was arrested on Dec 6, 2009 and remanded for nine days based on a police report lodged against him for of sexual harassment.

The following day, on Dec 7, Isaikumar was told by the investigating police officer that the charges made against him were based on a false report.

Nevertheless, the police only released Isaikumar (right) on Dec 14, during which time Isaikumar alleged he was assaulted and subject to humiliation by the police.

“Isaikumar was slapped, abused and beaten with PVC pipes by a group of police officers,” said Surendran.

He claimed that at one stage a female police officer sat on Isaikumar’s chest and inserted a shoe she was wearing into his mouth.

The police, he alleged, also took photos of Isaikumar in the nude, including photos of his genitals.

Surendran further claimed that his client was denied medical treatment despite running a fever.

Though the lockup where he was detained held seven prisoners, Isaikumar alleged they were given only three packets of food to be shared among them.

‘He was innocent’

Chief investigating officer, Inspector Ahmad Sobri Amir Salim, cleared Isaikumar of any wrongdoing in a letter on Dec 14, on the day of his release.

“Despite his innocence, Isaikumar went through an unnecessary and unwarranted nine days of remand, coupled with abuse by police officers,” said Surendran.

The lawyer said the case should be investigated by Bukit Aman because he felt the Seremban police would not conduct a fair inquiry.

Surendran called on inspector-general of police Musa Hassan to ‘clean up his own house’ as there have been many cases and reports of police brutality.

Meanwhile Parti Sosialis Malaysia secretary, S Arutchelvam, demanded Bukit Aman form a special team to investigate this latest report of police brutality.

Arutchelvam said that if there was no action within two weeks, PSM would take up the case with Bukit Aman.

He said the case clearly showed a “lack of police professionalism” where police were “victimising” an innocent citizen.

Isaikumar, Surendran and Arutchelvam were among a group who attempted to enter the IPK premises but were denied entry.

There was also an attempt to meet with the deputy chief police officer of Negri Sembilan, but an officer denied them permission.

Instead, the group was advised to lodge a report at the nearby Seremban town police station.

Among the political leaders present were Senawang state assemblyperson P Gunasekaran, Temiang assemblyperson Ng Chin Tsai, Negeri Sembilan PKR deputy chairman S Haridass and state PKR Youth deputy chief Norazizi Aziz.

Tamil school still waiting for building after two decades (Malaysiakini)

Tamil school still waiting for building after two decades (Malaysiakini)

It would have been a heart-warming view - a vernacular and a national school co-existing in the same compound. But that is where the feel-good story ends. Sekolah Kebangsaan Tok Pawang and Sekolah Jenis Kebangsaan Tamil Sg Tok Pawang share the same compound, but it’s a different story with the canteen. SJK(T) pupils have been denied access to the canteen. This was decided by SK Tok Pawang teachers after frequent quarrels between the pupils of the two schools. The SJK(T) PIBG then organised a makeshift canteen for the 170 Tamil school students at a corridor behind the building. Students of both schools also do not share classrooms. Twenty-three years ago the students of the Tamil school were accommodated at SK Tok Pawang after they had to abandon their own building due to pollution caused by the nearby Lee Rubber building. The Tamil school received a new lease of life when the Kedah state government allocated 5.5 acres of land to build a new school on April 3 this year. Menteri Besar Azizan Abdul Razak, accompanied by deputy P Ramasamy and the current state exco S Manikumar, attended the groundbreaking ceremony to a joyful atmosphere of excited schoolchildren and parents. At the event, he said that the state government is giving the land to the school without any premium charge. They have also waived the assessment and the school needed to pay only a token sum of RM10 for the land. This happened about eight months ago. The situation has not changed since then. ‘Education Ministry’s problem, not ours’ SJK (T) Tok Pawang students still share the school building with SK Tok Pawang pupils. There is no sign of a new building being built on the land that was given to the Tamil school. Azizan had, at the groundbreaking ceremony, clearly indicated that the state government had done their job by giving the land. It was now up to the school to negotiate with the Education Ministry to obtain the RM1.6 million needed to build the school. Jerai MP Mohd Firdaus Jaafar said that now the ball was in MIC’s court to “pressure the minister (of education) at the federal level to make sure the building gets built.” Balasingham, 35, says that he had been waiting for the school to be built since the day he left the school when he was 12. His daughter now attends the school in Standard 1, but nothing has changed. At the moment, students have no choice but to go about their familar routine of sharing the same compound and building, and having their meals under a a makeshift canteen. Thus far, there is not even a hint of a new school building emerging on the land provided to them. All you can see is the tractor used by the Kedah menteri besar during the groundbreaking ceremony. It sits forlornly by several oil palm trees, a sad reminder of what should have been.

AG & UMNO axis use Courts to stifle Hindraf 25th November 2009 Rally

At first count, 66 Hindraf supporters we prosecuted at the Shah Alam Sessions Court for even attempted murder of one policeman which even a first year law student would know is an impossible offence but Malay-sia’s Attorney General (AG) chooses not to know. To add insult to injury even the senior Sessions Court Judge denied bail to all 66 accused. But then again this is 1 Malay-sia. (The A.G later withdrew the attempted murder charge when an appeal was filed at the Kuala Lumpur High).

Then the Court fixes two weeks to even one month in a row for trial in a couple of months once to stifle these Hindraf supporters. Many Hindraf supporters lost their jobs, families broken up and suffered grave hardships.

Unlike in the US UK and in the Western Civil Society there is no state funded legal aid to cover these hardships on the Legal Principle that a man is presumed innocent until proven guilty.

Finally all except nine succumbed to the UMNO state might and weight and ended up pleading guilty not because they are guilty but because of the aforesaid stifling, oppressive and unfair Malaysian Criminal Justice System. (Refer NST 17/12/2009 at page 12 below).

P. Uthayakumar

www.humanrightspartymalaysia.com

Special Branch Operative ASP Vasanthakumar in Action

Please see the video circulating in cyberspace showing how Vasanthakumar is playing out his role as a SB agent. I attach it below.

They call such agents like Vasanthakumar, E3M or something like that - people who have double roles in their lives. In this case this SB agent’s job is to create confusion among the Indians, create disunity among the Indians and destroy the unity that was built up after the 25th of November 2007.

Otherwise how do you explain the fact that he is working aginst the poor Indians there. If he were truly a Hindraf leader, why is he dpoing this. He should really be on their side against the authorities who want to demolish,

In addition he calls the organization that has been looking after the burial site for many years and now fighting the State government from robbing this land from the poor people an illegal organization.

Is Hindraf a legal organization till today. For his benefit he calls himself a Hindraf leader and then goes about decimating other truly people’s organization such as this one, Persatuan Tamilar Kuala Ketil.

This action truely exposes the fact that he is no Hindraf leader but someone who has a distinctly different objective like I have said above. See the video for yourself.

http://www.youtube.com/watch?v=6a7dMD-aod8

Regards
Namasivayam

HRP: CCTV to address death in police custody in 1 B Budget

HRP: CCTV to address death in police custody in 1 B Budget

This police proposals of CCTV is old wine new bottles. (refer The Malay Mail 17/12/09 at page 10)

This decade old CCTV proposal surfaces from time to time and especially when a high profile death in police custody case comes up. But this has never been implemented. Let us see if this is implemented with the RM 1 Billion 2010 Budget or is this RM 1 Billion going to be used for something else?

P. Uthayakumar.

SOS Police siding Kedah PAS against Indian hindus

Re : SOS Police siding Kedah PAS against Indian hindus

The aforesaid matter has been brought to our attention by Mr. Maniyan Varathan (Raj) the Chairman of Kubur Kuala Ketil who has instructed us as follows:-

That as of 8.30 p.m yesterday 16/12/09 three police reports have been lodged in effect against the PAS state government of Kedah and asking for 24 hours police protection for this hindu crematorium not to be demolished.

But soon after this third police report No. Kuala Ketil 001864/09 dated 16/12/09, instead of arresting the criminals DSP Rahim, the Deputy OCPD of Baling called Mr. Raj over to his office and told him not gather at the said cemetery on 17/12/09 but to give way for the demolishment of the aforesaid hindu crematorium. Shortly after this meeting the police allowed the PAS state government to uproot a few trees and damaged some of the graves and tomb stones right before the eyes of the Malay-sian police.

Despite our P. Uthayakumar bringing the same to the attention of this the Kedah Chief Police Officer (CPO) Dato Syed Ismail vide a telephone conversation on 16/12/09 at about 8.30 p.m that if at all a valid High Court Order is required if there is to be any relocation of this hindu cemetery and that it is in fact a criminal offence in particular under section 295 ( Injuring or defiling a place of worship with intent to insult the religion of any class) and Section 297 (Trespassing on burial places, etc) and Section 298A (Causing etc., disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion) of the Penal Code and read with Article 11 of the Federal Constitution of the Penal Code and which carries a jail term of up two years jail this CPO gave a racially and religiously bioused answer

But when P. Uthayakumar had asked the Kedah CPO and the Malay-sian police to arrest the relevant PAS criminals who partly demolished this graveyard he had refused to do so and had also refused to give 24 hours police protection for this hindu cemetery. Meaning he will allow the demolishment to go on.

Why is this so? Just because the victims are the ethnic tiny minority Indian hindus and the big majority being the malay muslims? So Bully?

There is no provision either in the Federal Constitution or any law in the country which allows for racist and religious extremist implementation of the Federal Constitution and law by the police who are in fact supposed to be impartial and independent.

In fact we have written two letters in dated 10/12/09 and 16/12/09 to the PAS led Kedah Menteri Besar and in fact have written that we are going to meet him at his office this coming Sunday (20/12/09).

Despite all the above the Malay-sian police have been seen to be aiding and abetting the PAS led Kedah State government in demolishing this said hindu crematorium.

We hereby seek your kind indulgence in instructing the police to protect this ethnic minority hindu crematorium from being destroyed, 24 hours police protection for this crematorium, police protection for all our supporters especially on 20/12/09 and thereafter when we are scheduled to hold a prayers at the said cemetery and later a proposed meeting with the Menteri Besar of Kedah at his office.

We have information that the Kedah PAS state government may hire Indian gangsters to cause disturbances on 20/12/09 and thereafter and accordingly seek police protection.

Kindly revert to us accordingly.

Thank you,

Yours faithfully,

…………………………..

P. Uthayakumar

Secretary General (pro tem)

What the case is really all about

The ‘mistake’ Ramli made was that he engaged a solicitor to draft the official reply to the Anti-Corruption Agency (ACA). The ACA then pounced on the solicitor and asked him to declare his assets as well. The solicitor wrote back seeking further clarification but the ACA did not respond to the query. Instead, they arrested him.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

On Monday, lawyer Rosli Dahlan will be in court to face a charge of not responding to an ACA (now MACC) letter. They have made it look like Rosli has violated the law by not declaring his assets when asked to do so. The question is: why should Rosli declare his assets when he is merely the lawyer acting for former Commercial Crimes Investigation Department Director Datuk Ramli Yusuff?

This was never explained. The MACC went for Rosli without explaining why they are doing so. They just sent him a letter asking him to declare his assets without any explanation as to why he needs to declare his assets. When Rosli responded to their letter by asking for further clarification, instead of replying, they came to arrest him on the eve of Hari Raya. And they arrested him in his office in front of his staff. And they roughed him up when they handcuffed him resulting in injury.

Okay, they did not throw him out of the window like they did Teoh Beng Hock. But was all this necessary?

This is what The Star reported:

Lawyer charged with hiding information on his assets

Lawyer Rosli Dahlan was charged at a Sessions Court here with not disclosing all information on his assets in his sworn statement last month.

Rosli, 46, a partner in Lee Hishammuddin Allen & Gledhill, was alleged to have not complied with the terms of a notice dated July 17, 2007, issued by the Prosecutor under Section 32(1)(b) of the Anti-Corruption Act 1997, to give full information relating to his assets.

Under the notice, the date of which had been extended to Aug 16, he was required to disclose all information, written under oath.

(Read more here: http://thestar.com.my/news/story.asp?file=/2007/10/13/courts/19161639&sec=courts)

Of course, the real issue is they wanted to get Ramli Yusuff. And why do they want to get Ramli Yusuff? Because they want to eliminate any possible successor to the IGP.

You see, the IGP was supposed to retire in August 2007. So that would make Ramli his possible successor. But if they can get rid of Ramli then there would no longer be any ‘suitable successor’. And this would mean the IGP could get an extension of service for an indefinite period of time.

The issue is simple. Musa Hassan must stay. And for him to stay then Ramli has to go. But there is a small problem getting rid of Ramli. They had already fixed him up with allegations of not declaring RM27 million in assets (not for acquiring those assets but for not declaring them). But along came Rosli who presented a brilliant defence that threatened to thwart their plan to get rid of Ramli.

They therefore had to come out with a new game plan. To get rid of Ramli and make sure he goes to jail they must first bring down Rosli.

And that was the beginning of Rosli’s problems, added to the irritation Rosli and Ramli posed by digging up the losses of RM8 billion suffered by MAS that we talked about earlier.

And as follows was what was written about the matter two years ago:

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

The land of Walt Disney

Today, after many months of ‘rumours’, Datuk Ramli Yusuff, the Director of the Commercial Crimes Investigation Department (CCID), is finally being charged. And he is facing four ‘Mickey Mouse’ charges that would make even Walt Disney proud.

Initially, it was ‘leaked’ that Ramli is being investigated for accumulating RM27 million in assets which he did not declare. He was then given a month to submit his full statement of income and expenditure over 37 years since 1970. Understandably, it is humanly impossible for anyone to account for his or her last 37 months income and expenditure, let alone the last 37 years. Nevertheless, Ramli managed to submit his full statement of accounts prepared by no less than a qualified accountant.

The ‘mistake’ Ramli made was that he engaged a solicitor to draft the official reply to the Anti-Corruption Agency (ACA). Being a man learned in law, Ramli decided not to do what Raja Petra Kamarudin had done, and that is to represent himself -- as the court would normally say, “a man who represents himself has a fool for a client”. He decided instead to engage a solicitor to handle what appeared to be the beginning of a very messy legal tangle.

The ACA then pounced on the solicitor and asked him to declare his assets as well. The solicitor wrote back seeking further clarification but the ACA did not respond to the query. When the deadline expired, the ACA came to the solicitor’s office two days before Hari Raya and arrested him for non-compliance to the order that he declare his assets. The solicitor was roughed up and handcuffed in full view of the entire office as one would to a child rapist-killer. The ACA retorted that they are not obliged to reply to any query but those ordered to declare their assets are obligated to do so. It was a beautiful trap and the solicitor walked right into it and got snared. Let this be a lesson to the rest of us. When the ACA keeps quiet then that is bad news, as this solicitor found out the hard way.

The solicitor tried to talk to the ACA officers to allow him time to volunteer his presence at the ACA office but he was told that he needed to be arrested there and then and be brought in immediately. The matter just cannot wait, Hari Raya or no Hari Raya. On reaching the ACA office, the matter suddenly lost all urgency and the solicitor was locked up overnight in the lockup only to be attended to the following day. It appears like all they wanted to do was to lock him up for the night and not allow him to go home. The next day, they charged him for non-compliance to the order to declare his assets. So it was not really that urgent after all and his arrest could have waited until the next day.

Was the solicitor a government servant? Was he involved in corrupt practices? Had he received bribes for dishing out lucrative government contracts to Chinese businessmen? Was he on the payroll of the organised crime syndicates and had received millions as an inducement to turn a blind eye to the prostitution, loan sharking, drugs and illegal gambling rackets? No, this particular solicitor made the mistake of acting on behalf of the Director of the CCID.

Okay, the Federal Constitution of Malaysia says that every citizen is entitled to legal representation. And Ramli, being a citizen of Malaysia, is also entitled to legal representation. But any solicitor who represents him runs the risk of arrest. And this did happen to Rosli Dahlan who was stupid enough to think that it is the right of all Malaysians to defend themselves against criminal charges and who was stupid enough to actually act on behalf of Ramli.

Anyway, Rosli has since made a police report alleging that he was injured during his arrest. He has also launched a civil suit against the ACA. The ACA responded by making a counter police report alleging that Rosli was abusive during his arrest and therefore the reason to rough him up and injure him. This was the same reason given by one-time IGP Rahim Noor in explaining why he needed to beat Anwar Ibrahim to a pulp and leave him unconscious on the floor of the police lockup with no medical attention until the following day. And to add icing to the cake, Rosli’s case has been transferred to Bukit Aman where for sure this time they are going to nail his balls to the wall, side-by-side with Ramli’s balls.

Malaysia Today has been saying for a long time now that there are serious problems in the judiciary. The response from the government was that Malaysia Today spreads lies. Today, that ‘lie’ is a proven fact, which will be recorded in the history books. Since June this year, Malaysia Today has been saying that there are also serious problems in the police force. A series of 12 articles were published with Affidavits, letters, and other documents to support this allegation. Again, this was denied by the Deputy Minister of Internal Security and the IGP. And today, one of the more senior officers in the police force slotted to become the next IGP if the present one retires is facing four criminal charges.

But is he really guilty? Is he really a criminal as they say? One ex-IGP said, going just by their lifestyles alone, it can be assumed that 40% of the police force is corrupted. One ex-Deputy IGP, in turn, said that if they want to clean up the police force then at least 90% of the police officers will have to be sacked. And he is being kind, he said, if not then the figure would be close to 100%. That is what the ex-IGP and ex-Deputy IGP said and they should know.

Is this matter really about whether Ramli is a crook? Time will of course tell whether he is and we shall all soon enough know once the trial gets underway. But will it be in the form of the Altantuya murder trail or in the form of the Anwar Ibrahim corruption-sodomy trial? -- if you know what I mean, and if you don’t then I will not waste any time explaining as this would mean you are living the life of a frog under a coconut shell. Unfortunately, in Malaysia, a trial is not the correct reflection of guilt or innocence. The innocent can be sent to jail while the guilty walks free, even in cases such as murder. And this is why we need massive judicial reforms and this is also why the people profusely oppose the extension of the tenure of the Chief Justice -- who according to the Rulers’ wishes should have retired yesterday.

Ramli was initially investigated for not declaring RM27 million in assets. The four charges that he faces, however, make no mention of the RM27 million. Instead, he is alleged to have failed to declare small change. What was all this RM27 million about then? Why was this figure bandied about these last many months? And who leaked this figure? Somehow the press got wind of this figure so someone must have leaked it to the press. And it was certainly not Ramli because he had no inkling how this figure came about. We must therefore assume that it was the ‘other side’ that leaked it.

This one fact alone gives an impression that there is more than meets the eye here. This is not about a corrupted police officer. If it was, then Parliament would have to set up a special court like they did for the Rulers and about 50 new judges would have to be employed so that all the cases can be settled before all the judges, the accused, the AG and all witnesses die of old age. Yes, that would be how many police officers who will be put on trial.

Anyway, as I said earlier, this is not about whether Ramli is innocent or guilty. We will allow the court to decide that, as I am sure they will dispense justice now that they will be having a new boss (at least I am crossing my fingers and hoping that pigs can fly). What we want to know is whether this is a simple and cut-and-dry case of corruption or failure to declare assets or is this actually fallout from a turf war in the police force with two sides fighting for control of the very lucrative drugs, prostitution, illegal gambling and loan sharking business?

I am prepared to bet ten jugs of beer that this is not about cleaning out the police force or about eradicating corruption but is in actual fact a turf war to control the very lucrative drugs, prostitution, illegal gambling and loan sharking business. And I further bet that no one will dare take my bet. Yes, there is more than meets the eye. There is a sleight of hand, which even the great David Copperfield would find awesome. Malaysia Today is not about reporting the news. Malaysia Today is about telling the untold story. Malaysia Today is about exposing the shenanigans, excesses, transgressions and abuses perpetuated by those who walk in the corridors of power. Malaysia Today speaks without fear or favour. And Malaysia Today is going to get to the bottom of this charade and spill the beans for whatever it is worth. So stay tuned as there is more, much more, to come.

Until we next ‘talk’, adios muchachos!

(The ex-Victorians Community Blog Forum, 1 November 2007)

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Ex-CCID chief Ramli acquitted of abuse of power

Former Bukit Commercial Crimes Investigation Department director Datuk Ramli Yusuff was acquitted by the Sessions Court here of abusing his public office two years ago.

He was accused of ordering and using a Royal Malaysia Police Cessna Caravan aircraft to take him on an aerial surveillance of two lots in Ulu Tungku, Lahad Datu, in which his real estate company Kinsajaya Sdn Bhd had a personal interest, on June 2007.

Judge Supang Lian in her ruling Monday held that Ramli had no case to answer as the prosecution had failed to establish a prima facie case against him.

“The accused thus deserves to be acquitted,” she said and ordered the RM20,000 bail and all evidence to be returned.

The 56-year-old Ramli was charged under Section 15(1) of the Anti-Corruption Act for abusing his public office through the unauthorised use of a police Cessna Caravan aircraft for pecuniary gain.

The charge provides for imprisonment not exceeding 20 years and a minimum fine of RM10,000 upon conviction.

The offence was allegedly committed at 7.50am on June 15, 2007, at the Sabah Police Air Unit in Tanjung Aru, here.

At Monday’s hearing, Ramli was represented by counsels Datuk Mohd Shafie Abdullah and James Tsai while the prosecution team was headed by Deputy Public Prosecutor Kevin Morais.

Among those who had testified during the trial was Inspector-General of Police Tan Sri Musa Hassan. – The Star, 27 July 2009