Ku Li calls for review of federal-state relations

'Scrap ISA, not amend it'

Anwar's 'qazaf' suit resumes at Syariah High Court

Kugan's mom fails to submit petition to King

Hindraf joins forces with indigenous group in London - Malaysiakini

By Joe Fernandez & Chen Yi Ling

It was a historic first in London on Tuesday when Hindraf joined forces with an indigenous group from Sabah and Sarawak to lobby legislators on issues still lingering from the British colonial period in Malaysia.

Hindraf chair P Waythamoorthy and advisor N Ganesan made the case for their Hindu Rights Action Force at the House of Commons, while Sabah and Sarawak were represented by Common Interest Group Malaysia (Cigma) activists Daniel John Jambun and Nicholas Bawin Anggat.

Both Cigma and Hindraf reiterated the case that Britain had a lingering historical, legal and moral obligation towards its former subjects in its ex-colonies.

“We are only asking for our rights under the federal constitution,” stressed Hindraf advisor Ganesan in highlighting 15 areas of human rights violations by the Malaysian government. “We want our place in the Malaysian sun.”

Ganesan (right standing) went on to allege that the Indian community, largely the descendants of indentured plantation labour brought in by the British from Tamil Nadu, were being systematically marginalised by the ruling BN government.

“The various issues causing marginalisation are not individual aberrations or decisions gone wrong but are systematic and repeated in many specific instances,” said Ganesan in summing up several case histories and studies.

“The problem with the Indian poor is multiplying and this has been illustrated with clear evidence.”

Ganesan is also advisor to the Human Rights Party, helmed by P Uthayakumar, the elder of the Hindraf brothers.

The special privileges for the Malays and natives, in its original form, covered only four areas - reasonable representation for the Malays and natives in the civil service; intake into government institutions of higher learning; government scholarships; and a share of government-created opportunities to do business.

However, Hindraf alleges that the government had unilaterally extended it to every facet of life in Malaysia.

KL not abiding to Malaysia Agreement

Meanwhile, Cigma senior activists Jambun from Sabah and Nicholas Bawin from Sarawak, made the case for Malaysian Borneo by urging the British government to return to a revived Inter-Governmental Committee (IGC) on the Malaysia Agreement.

Other members of the IGC are the governments of Sabah, Sarawak, Malaysia and Singapore.

The IGC, pointed out both activists, was a permanent institution meant to monitor the Malaysian government's compliance with the 1963 Malaysia Agreement.

The Malaysian government, in the absence of the IGC, has been in non-compliance, according to both activists.

“Kuala Lumpur could easily impose proxies, stooges and traitors in Sabah and Sarawak and ignore the legitimate aspirations of the people.”

Jambun said that over the past 50 years “various modifications and adjustments” to the Malaysia Agreement have eroded the rights and privileges of Sabahans.

“Forty-six years after independence, Sabah is now the poorest state despite its abundant natural resources,” he lamented.

Bawin (left) gave a brief history of the Abdul Taib Mahmud government in Sarawak which, according to him, has been a proxy for the last 30 years for the ruling elite in Kuala Lumpur.

“Land, timber, oil and gas are all resources which are not benefitting the people of Sarawak,” said Nicholas.

Both Bawin and Jambun pointed out that Brunei stayed out from Malaysia at the 11th hour and Singapore left two years after.

The two countries, it was stressed, are light years ahead of Sabah and Sarawak “who were forced into a bad idea called Malaysia”. The statistics on poverty, it was pointed out, tell the whole story.

Sabah facing new threats

The Sabah activist, in his presentation on behalf of Cigma chair Jeffrey Kitingan, detailed the threats to the security and sovereignty of Sabah since Malaysia in 1963.

The thrust of his case was that the indigenous majority were being overwhelmed by hordes of illegal immigrants from neighbouring nations.

“We acknowledge that Sabah has labour needs and especially in an increasingly globalised economy,” said Jambun. “But what we cannot accept is illegal immigrants being issued with Malaysian personal documents via the back door and being placed on the electoral rolls.”

The presence of illegal immigrants on the electoral rolls, especially in marginal seats, has been at the expense of the indigenous majority, stressed Jambun, “and compromised the security and sovereignty of Sabah”.

For the first time, a Sabah leader openly alleged that the state was now a safe haven for terrorists on the run, rebels and kidnappers. “JI or Jemaah Islamiyah, a terror network, has been identified as having its presence in Sabah,” disclosed Jambun. “So has Darul Islam Sabah.”

Hence, with the presence of “armed foreigners on our soil”, thundered Jambun, Sabah is no longer a secure state. “Where is the security promised us by the Federation of Malaysia in 1963?” he asked the British.

Hindraf chair Waythamoorthy in summing up for both his movement and Cigma alleged that Malaysia has been re-colonised by a ruling elite with the departure of the British.

“Independence has brought us a raw deal. The promises have not materialised whether for the indigenous people in Sabah and Sarawak or for the Indian community and others in Peninsular Malaysia,” said Waythamoorthy.

“The New Economic Policy was supposed to eradicate poverty irrespective of race. Instead, the benefits have gone to an elite minority.”

Statelessness, continued Waythamoorthy in elaborating on a point earlier raised by Ganesan, continues to plague not only the Indians but also the indigenous peoples in Sabah and Sarawak and others.

Labour MP chairs meeting

British Labour MP Virendra Sharma for Ealing Southall, a community known as 'Little India' in London, chaired the meeting.

Speaking on behalf of his peers, he expressed their dismay at the alleged serious violations of human rights by the Malaysian authorities detailed by Hindraf and Cigma.

“I will bring this up to my government,” he assured. “We will also initiate a committee at the parliamentary level to further deliberate on what we have heard here today for follow-up measures and action.

'We can certainly set up a group in Parliament to talk about the plight of marginalised Malaysians.”

He said that overseas Malaysians can lobby their local MPs to exert pressure on the Foreign Office in Malaysia.

Isabel Tay, a Malaysian who attended the briefing, said, “I'm now a lot more aware on how the minority communities view the situation in Malaysia.”

UMNO denied wheelchair to Nagendran till 2010 because he did not fill up forms in 1995 and 1996

The UMNO welfare department now says that Nagendran had never applied for a wheelchair. Why is it that this kind of wheelchair problem is unheard of happening to malay muslims.

Judge for your goodselves the extent of UMNO’s racism which is implemented by the 1,016,799 Biro Tata Negara “racist graduates” (UM (B) 21/6/09 page 19) in almost all levels of the government departments.

The odd Nagendran’s case was luckily highlighted in the Malay Press. Thousands of others Indians are not so lucky and end up suffering in silence on a day to day basis. Perhaps because some forms were not filled!

P. Uthayakumar

PKR Selangor MB’s RM 5,000.00 for Malay shot by police. DAP Penang CM – house for Chinese. Zero for Indians

PKR, DAP and PAS all claim to be multiracial parties but in practice it is other wise. UMNOs’ racism has even spilled over to these Opposition PKR, DAP and PAS parties.

Scores of Indian youths have been shot dead by the police. But the PKR Tuan Selangor M.B led government never gave them a single cent. Perhaps because they all died wheras this Malay lady survived! (We are happy this Malay lady was granted some compensation, in fact should have been awarded more).

Similarly the 24 Kg Buah Pala Indian settlers whose houses were ruthlessly demolished by DAP’s Kapitan Lim Guan Eng, but zero houses let alone the wayang kulit RM 600,000.00 double storey houses supposedly to be given to the Indians.

Refer to newsreports below:-

Malaysiakini

S’gor donates RM5,000 to police shooting victim

INCLUDEPICTURE “http://www.malaysiakini.com/v6/media/mk_50×50.png”\* MERGEFORMATINET

Mar 9, 10 4:17pm

The Selangor state government has donated RM5,000 to unemployed single mother Norizan Salleh, 30, who was allegedly shot five times and assaulted by the police.

The donation was presented by Womens Affair, Science, Technology and Inovations exco Rodziah Ismail at the state secretariat building in Shah Alam today, as part of the state government’s effort to mark International Women’s Day.

According to her written

HYPERLINK “http://www.malaysiakini.com/news/123651″ complaints to the Human Rights Commission and the police, Norizan (left) was shot on the chest and wrist while traveling in a car along the Middle Ring Road II on Oct 30 last year.

She was then pulled out of the car and assaulted further, resulting in a broken rib. The incident has left her with a hefty RM18,000 medical bill.

Her attempts to seek a

HYPERLINK “http://www.malaysiakini.com/news/125145″ meeting with Home Minister Hishammuddin Hussein to file an official complaint were futile.

Women decision makers

In a statement today, Rodziah slammed Hishammuddin for refusing to take action against those who assaulted and shot Norizan.

“The home minister cannot run away from his responsibilities (and must) take action against the police because this involves public safety, especially to women,” she said.

Meanwhile, Rodziah (left) said the state government was committed to empowering women who makes up 50 percent of the population.

“The state government ensures that more than 30 percent of the top decision makers who are directly involved in state planning and development are women,” she said.

“The state government is also working hard to increase the number of women policy and decision makers at both public and private sectors.”

2) Ketua Menteri arah beri bantuan termasuk rumah (BH 10/3/2010 at page 6)

There should be a consistent and non-racial basis of awarding compensation to victims.

T. Ramu

Anwar Ibrahim gets low level Indian mandores to respond to HRP & Hindraf protest at PKR HQ on March 7th, 2010

These low level mandores are instructed by Anwar Ibrahim to say in effect that peanuts here and there have been dished out, as UMNO had been doing for 50 years. Their plans and promises that has been made is their “achievement”. MIC fared better as they got their Minister mandores, Deputy Ministers, MPs’ Excos’ etc to do this mandore job.

This ex-UMNO No. 2 top leader is now displaying his prowess and ferocity like his ex UMNO party.

Imagine what he is going to do for Indians when he gets to Putrajaya.

S. Jayathas

42% Tamil schools pupils cannot read and write – poverty related

42% or an estimated 10,000 tamil school pupils attending standard one at Tamil schools cannot read and write at all because they could not afford and therefore did not attend kindergarden (MO 10/3/10 at page 3).

This is despite the RM 48 million allocation for education in the 2010 Budget (NST and Star Headlines 24/10/09). But this RM 48 Million does not reach almost all of the 523 Tamil schools and so they do not have kindergardens.

To the contrary the One Malay-sian Prime Minister Najib Razak’s wife using the millions allocated just for Permata Kindergardens is introducing even graduate teachers from Universiti Pendidikan Sultan Idris for the thousands of almost all malay muslim Permata pre-schools.

There are 5,900 places in 39 MSRM colleges and 6,000 places in fully residential schools (BH 17/1/2010 at page 16) – all for malays, 7,575 out of the 10,000 schools in the country are three to five star rating schools under the Smart school Qualification Standards (SSQS) with another 5% targeted to be increased by year end. (The Star 13/2/2010 at page N26).

But never mind if ten thousand of these Tamil school pupils cannot read and write.

This is the official One – Malaysia Policy by Prime Minister Najib Razak!

P. Uthayakumar

PKR refuses land and additional land to Ampang Tamil School

If this school is given additional land they can build a kindergarten within the school premises with car parking facilities for the school teachers where right now they are parking their cars in the public car park or along the street. The public field also can be upgraded so it only can be used by the school pupils only. By giving the additional land it will help the school to build more classes so that the total number of the students in a class will be lesser than what it is now, not overcrowded and the students can focus on their studies.

Besides, the school is operating in two sessions, morning and evening sessions. By giving this additional land also it will enable the school to switch to a single morning session, and they can allocate time for co-curriculum activities and extra classes in the evening.

Yet it is believed that this school didn’t get its land title. If so why does the relocation matter arise? The Selangor State government should provide land title and approve additional land for this Ampang Tamil School immediately as has been rightly done for all Malay, Chinese, Orang asli, Kadazan and Iban schools in Malaysia. Why it is that it is always the Tamil schools that has to be moved about here and there, overcrowded, with no school fields, no canteens, no fencing, no libraries, no chairs, tables, are still wooden school building, have to collect money from the poor Indians to build annexe and new school buildings?

It is the duty of any government to provide for general education without discrimination or favoritism in any way.

Ku Li: PDA supercedes all pre-Merdeka oil contracts

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, March 11 — Kelantan’s oil royalty champion, Tengku Razaleigh Hamzah said today that Sarawak’s oil royalty may have been arranged when it was still a British colony but as it is now a part of Malaysia, it is subject to the rules laid down in the Petroleum Development Act (PDA) 1974.

The Kelantan prince was responding to a statement from former Sarawak Chief Minister Tun Abdul Rahman Yakub who in an enclusive interview with The Malaysian Insider yesterday claimed the Borneo state’s cash payments from the federal government were a result of a 1954 declaration by Queen Elizabeth II that its territorial waters were not limited to only three nautical miles from its coast.

“He’s right,” Razaleigh (picture) replied when asked if he agreed with Abdul Rahman.

But, he added quickly that the arrangement was no longer binding on the federal government.

Sarawak, together with its sister Borneo state, Sabah, joined the peninsular to form the Federation of Malaysia in 1963.

“The Petroleum Development Act supercedes all previous laws and Acts,” Razaleigh stressed.

Abdul Rahman, who was Sarawak Chief Minister when the Petroleum Development Act (PDA) came into force in 1974, had told The Malaysian Insider yesterday that unless Kelantan could prove that its territorial waters extended beyond the three nautical mile limit, it could not claim royalty payments for oil found offshore.

“Of course if oil is found within the three mile limit it belongs to the state. If it is found offshore then it belongs to the federal government,” the 82-year-old former Sarawak CM said in an interview in Kuching.

He said the legal position of the states in peninsular Malaysia was different from that of Sabah and Sarawak. Abdul Rahman said that Sarawak was entitled to oil royalties because Queen Elizabeth had declared in 1954 that the east Malaysian state’s territorial waters extended beyond the three-nautical-mile limit.

The British monarch’s declaration was used by his Sarawak administration to negotiate payments for the state, said Abdul Rahman. He did not, however, want to comment on why the federal government had paid royalties to the Terengganu government.

The Barisan Nasional federal government recently took out full page advertisements in Malay weeklies listing eight questions and answers to rebut Tengku Razaleigh Hamzah’s argument that Kelantan and all other states are entitled to the 5 per cent oil royalty under the Petroleum Development Act 1974.

The federal government’s main argument is that oil and gas are extracted from waters that are beyond the three-nautical mile limit prescribed as territorial waters under Malaysia’s Emergency Ordinance (Essential Powers) No 7 1969.

The advertisement also explained that oil royalty payments for Sabah and Sarawak was due to agreements made prior to 1974 and through the Continental Shelf Act 1966.

However, Petronas had been paying Terengganu the 5 per cent oil royalty since offshore production began in 1978 but stopped after PAS captured the state in the 1999 general elections. It promised to resume twice-yearly direct payments from March 2009 after the earlier payments were converted to compassionate payments disbursed by federal agencies.

Oil was first discovered in the South China Sea off Terengganu in 1973, a year before Prime Minister Tun Abdul Razak Hussein directed Tengku Razaleigh to form Petronas and become its founding chairman.

Indira gets custody of daughter from Muslim husband

Prasana (left) now goes back to Indira (right). – File picture by Clara Chooi

By Clara Chooi - The Malaysian Insider

KUALA LUMPUR, March 11 — After a long drawn out and bitter battle in the courts, kindergarten teacher M. Indira Gandhi was finally granted custody of her 22-month-old daughter Prasana Diksa at the Ipoh High Court today.

High Court Justice Wan Afrah Wan Ibrahim made the decision in chambers this morning and issued an order for Indira’s Muslim-convert husband to hand over Prasana immediately.

Indira’s husband, now known as Mohd Ridzuan Abdullah, did not hand over the child immediately however as he had not brought her to the court for today’s decision.

Instead, he left the court immediately with the Perak Religious Department officials.

According to the officials, Mohd Ridzuan would not be able to return Prasana to his wife immediately as the toddler was presently in Kelantan.

Indira’s lead counsel M. Kulasegaran told reporters outside the courtroom later that the judge had made the decision as it was in the family’s best interest for Prasana to return to her mother and be together with her other two siblings, Karan Dinish, 11, and Tevi Darsiny, 12.

“Also, the judge said that Mohd Ridzuan does not even have a steady job,” he said.

Kulasegaran added he hoped Mohd Ridzuan would abide by the court’s order and return the child immediately.

“The court has also allowed him visitation rights at once a week,” added Kulasegaran.

Prior to the decision, Kulasegaran said that the counsels from the Perak Religious Department had objected to Justice Wan Afrah presiding over the case as the matter should be referred to the Syariah Court.

“However, the court decided that it had the jurisdiction to hear the matter as Indira is a non Muslim. Furthermore, being a non-Muslim, Indira cannot go to the Syariah Court,” he said. Meanwhile, in a separate court, Indira’s application to seek leave for judicial review to quash the conversion of her three children to become Muslims was postponed to April 3.

Outside the court, a teary-eyed Indira told reporters that she was relieved with the decision and happy that she would finally get to be reunited with her youngest daughter again.

“It has been very difficult for me all this time. I cannot wait to see her again, I hope she will be returned to me as soon as possible,” she said.

Indira has been embroiled in a fierce custody battle for her children with her husband since early last year. She has also been trying to ensure that her children, who were converted to Muslims without her knowledge by her husband, remained as Hindus.

Ku Li: Malaysia has become ‘like the Malayan Union’

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, March 11 — Maverick Umno man Tengku Razaleigh Hamzah today (picture) likened present-day Malaysia to the highly unpopular Malayan Union idea forwarded by British colonialists in 1946, noting the way the Barisan Nasional (BN) government is running the country.

The Kelantan prince added that a review of the arrangements between the federal and state governments was greatly needed to restore each state’s “constitutional rights” which had been stripped away over the years.

“Putrajaya behaves as if we are a unitary state and not a federation,” the longest-serving federal lawmaker said at a public forum highlighting Federal-State relations organised by the Bar Council here today.

“Ironically we have become in practice the Malayan Union which an earlier generation resisted and defeated,” Razaleigh added, noting that the federal government had usurped the state’s powers and controlled with an iron-fist the state’s resources and even its right to decide how religion should be practiced.

“This is unconstitutional and must be resisted with just as much vigour as we resisted the Malayan Union. Malaysia is not viable in the long run as a unitary state,” the Gua Musang MP stressed to the organic crowd which turned up — it numbered between 50 and 70 at most — but which included ambassadors from Canada and Belgium.

Razaleigh noted that the balance of power between the federation and the states had been upset and was now tilted in favour of the central government and “concentrated in the hands of the Prime Minister”.

He said a review was greatly needed right the imbalance and suggested it could be done either by a vote in each state’s legislative assembly or through the Conference of Rulers.

Razaleigh who was responsible for setting up the national oil company, Petroliam Nasional Berhad (Petronas), had earlier attacked the Barisan Nasional-led federal government for its persistent denial against paying oil “royalty” to Kelantan.

He noted the denials have been splashed in newspapers and repeated by government officials must be looked as seriously because “the Federal government’s authority over these resources, as in all other things, is an authority derived from the original sovereignty of the states.”

SAPP MPs separate from new indies, says Yong

KOTA KINABALU, March 11 — The Sabah Progressive Party (SAPP) will not join the so-called independent block of parlimentarians who left Parti Keadilan Rakyat (PKR) recently.

Its president, Datuk Yong Teck Lee, said that as such, SAPP’s two members of Parliment Datuk Eric Majimbun and Datuk Dr Chua Soon Bui were not individual independents.

“They are from SAPP representing Sabah interests. However, SAPP will participate in non-BN bodies that promote Sabah’s interests.

“On this basis, SAPP’s two MPs are part of the Parliamentary Caucus on petroleum led by Tengku Razaleigh Hamzah because this directly affects Sabah’s interests,” he said in a statement here today.

In rebutting comments by Pasir Mas Datuk Ibrahim Ali in a news portal, Malaysiakini, and other media yesterday suggesting that SAPP’s two MPs were part of his “independent block”, Yong said:

“Our stance remains that we left the BN government in 2008 because we have lost confidence on the BN resolving Sabah’s problems which have since got worse by the day.

“This is why SAPP is cooperating with the opposition Pakatan Rakyat in Parliament to topple this BN administration.

“Any lies by some politicians in Kota Kinabalu, Sipitang and Sandakan and on the Internet in recent days that SAPP is returning to BN are desperate attempts to weaken SAPP’s struggle for Sabah,” he said. — Bernama

NEM to get public feedback first

By Lee Wei Lian - The Malaysian Insider

KUALA LUMPUR, March 11 — The New Economic Model (NEM) will be put on public display so that the public can offer their feedback said Second Finance Minister Datuk Seri Haji Ahmad Husni Mohamad Hanadzlah (picture) today.

Husni said that the National Economic Advisory Council (NEAC) is formulating the NEM which will be handed to the prime minister at the end of the month and it will be put up for public viewing once it has been announced by the government.

“We (the government) know some things but we also learn from the public,” he said in his speech at the vendor appreciation ceremony by Faber here today.

“The prime minister is talking about people first so we want to hear from everybody. After hearing their voice, then we will make the final plans.”

The NEM is expected to stress innovation and competitiveness as the basis of transforming Malaysia into a high income nation by 2020.

The NEM has been the subject of some controversy when the conservative Malay group Perkasa expressed concerns over potential reforms and said that the NEM should incorporate elements of the race-based New Economic Policy.

Prime Minister Datuk Seri Najib Razak said today he will make a two-stage announcement for the NEM, with the first being March 30 at the Invest Malaysia conference.

The full details will be announced in the 10th Malaysia Plan, he added.

No speakee Arabee

This summary is not available. Please click here to view the post.

I swear to tell the whole truth if it’s convenient, half-truths when it’s necessary, and lies to save some asses

By Haris Ibrahim,

There are two ongoing inquests.

Teoh Beng Hock’s.

Gunasegaran’s.

Both having the same objective.

To get to the truth of why and how these two men died.

Practitioners of the law will tell you that the worth of a witness’s testimony turns on how much of what he or she says remains intact and uncontradicted after cross-examination and re-examination.

I have not received the transcript of the testimony in Teoh’s case.

Like most of you, I depend on the online alternative news portals for accounts of what has transpired in Teoh’s case.

In Gunasegaran’s case, I am sent the notes of proceedings taken by someone who faithfully attends court to record as best he can all that is said.

I am behind in reporting to you on Gunasegaran’s case. I shall post them as soon as I can.

____________________________________________

On 19th February, the Teoh inquest resumed hearing after having been adjourned to allow for a second, court-ordered, postmortem to be performed on the remains of the deceased. This arose following the earlier testimony of Thai pathologist Dr Porntip Rojanasunand that based on photographs and the first post-mortem report, she suspected that there was an 80 percent likelihood Teoh’s death was homicidal.

That second postmortem was carried out by Sungai Buloh hospital resident pathologist Dr Shahidan Md Noor.

He gave his evidence-in-chief on 19th February.

He disputed Porntip’s suggestion that there was a manual strangulation injury on the neck of the deceased.

He said that although there was a round bruise “berry” mark on the left side of the neck of the deceased, he believed it was not as a result of strangulation.

“If there was strangulation the degree of force applied by the fingers would be different and would not result in such marks. It would require a great degree of force to result in asphyxia, where there would be signs of force to the neck. The injuries to the neck is consistent as a result of falling from a high place“, he is reported to have said.

Shahidan said there was bruising at the thyroid of the deceased and a permanent blood clot at the back of the tongue near the neck. He went on to confirm that the injuries found on Teoh’s neck was caused by the fall.

Shahidan also said that the two pathologists, Dr Khairul Azman Ibrahim from Klang Hospital, and Dr Prashant Naresh Samberkar, from Universiti Malaya Medical Centre, who performed the first post mortem had done their job well.

This aspect of Shahidan’s testimony has been extracted from this Malaysiakini report.

Shahidan was cross-examined on his evidence-in-chief on 1st March.

He said that in any death-in-custody case, two procedures have to be observed:

1) examination for evidence of pressure imposed on the neck, such as signs of strangulation

2) Dissection of limbs and certain muscles would need to be carried out to ascertain whether there were beatings

He agreed that failure to perform these procedures in post-mortems in custodial death cases might suggest an attempted cover-up.

He then confirmed that the limb dissection procedure were not performed during the first post-mortem.

Asked to explain the red mark which stretched from the left to the right of Teoh’s neck and was clearly visible from a photo taken during the first post-mortem, Shahidan agreed that this was not noted in the first postmortem report, agreed that looking at the bruises on the neck was an important factor to consider in the case, and was a serious omission on the part of the two pathologists who performed the first post-mortem.

He agreed that the first postmortem might not have been done in a prudent and competent manner.

He could not explain the cause of the red bruise to the neck.

Shahidan agreed that there was a possibility that Teoh may have been choked before the fall, but said it did not cause his death.

Referring to his own postmortem report he said : “There was also a left platysma muscle contusion on the left side of the neck and also similar but smaller signs on the right. This implies there was some form of oxygen deprivation to the blood. Contusion of the platysma could be a sign of choking or strangulation“.

Shahidan agreed that Teoh could have been choked or tortured before he fell. “It was a possible scenario but not probable,” he said.

This aspect of Shahidan’s testimony has been extracted from this Malaysiakini report.

After a 9-day break, Shahidan was re-examined yesterday.

Shahidan informeed the court that the red mark on Teoh’s neck was probably there some 72 hours before Teoh fell.

Shahidan said it was not possible that Teoh was hit or strangled before he fell.

He said there was no injury to suggest that Teoh had been hit prior to his death as there were no defensive wounds.

He could not say for certain whether a choke-hold or neck-lock was applied to Teoh, but he believed Teoh to have been conscious before and during the fall.

This aspect of Shahidan’s testimony has been extracted from this Malaysiakini report.

_________________________________________________

On 5th March, I reported about day 4 of the Gunasegaran case HERE.

The proceedings on the day saw the cross-examination of the police officer who led the raiding party that arrested Gunasegaran and 4 others.

I reproduce below the relevant part of my report of the proceedings on that day. I have highlighted in red the parts you should note.

______________________________________________

Rajinder said that he was in a room with other colleagues when Subari told him someone had fainted at the back at about 6.45pm.

Visva: Subari was with you in the room. He can’t be in 2 places at the same time. I am putting it to you that you are not telling the truth.

Visva then referred the witness to the Markings on a photograph indicating the position of Guna on the floor.

Viava: My witnesses have instructed that Guna screamed in pain.

Rajinder : I didn’t hear.

Visva: You said Subari heard something. What did he hear?

Rajinder : I don’t know.

The witness said he did not go near the deceased but only saw Guna from the doorway, and did not touch Guna.

He said he saw Zahir sprinkle water on Guna.

Visva: Did you or your men give any first aid.

Rajinder : No

Visva: Why?

Rajinder : (Hesitates) Because Zahir sprinkled water. Besides him, Tuan Azrul sprinkled water and shook his hands.

The witness said nobody gave first aid or called for assistance or ambulance, because suspects usually pretend to be unconscious.

Visva: That is the truth, and so he was assaulted?

Rajinder : Not true

Visva: How long did you witness this sprinkling of water?

Rajinder : About 10 minutes.

________________________________________

The Gunasegaran inquest resumed on 13, 14th, 19th and 25th January, 2010 and, more recently, on 8th and 9th March, 2010.

I have not as yet reported on what transpired on those days in January. I will do that the soonest some aspects of the notes forwarded to me are clarified.

For now, let me reproduce here the unedited report I received of what transpired in court on 8th March.

It is of the testimony of Lance Corporal Zahir, who Rajinder said had sprinkled water on Gunasegaran as the latter lay on the floor of the Sentul police station.

_______________________________________________

March 8, 2010

Day 9 of the Gunasegaran Inquest

The 9^th witness, Lance Corporal Zahir took the court by surprise today when he contradicted the testimony of all his collegues on several points.

Four of his collegues had testified that when the deceased collapsed, it was Zahir (who was then taking his fingerprints) who had sprinkled water on his face and moved his hands. However, the witness denied this and went further to say he did not even touch the deceased.

Questioned by the DPP, Zahir said SM Rajinder had sprinkled water on the deceased.

The witness reaffirmed this during cross examination.

Other contradictions

• The deceased was not handcuffed en-route to the station
• There were only three persons around when Gunasegaran collapsed, and named Rajinder as one of them, omitting Insp. Azrul.

.The witness also said the arrest report only names 4 suspects and omitted Guna’s name because his was a case of drug possession.

Visva: Then why was a separate arrest report not made?

Witness: Because the urine test was not complete, the suspect could not give his urine sample.

Visva: If it was a drug possession case, the urine test was irrelevant.

The witness could not explain.

The Coroner then repeated the question.

The witness paused a while, then said he did not know.

The witness was then referred to the third report made at 8.27pm.

Visva: About an hour after the deceased was certified dead, it is stated that he possessed drugs, that he attempted to run away etc, knowing very well he will not be able to deny it. However no mention is made of his death. Isn’t this strange, or is this normal?

Witness: Don’t know.

The witness agreed with Visva that it is normal anywhere in Malaysia to make a report when there is a death.

Visva : Why is there no report in Gunasegaran’s death?

Witness: I am given to understand the hospital will make the report.

The witness denied Visva’s suggestion that he is lying in court, & that he and his collegues had conspired to conceal Guna’s death to avoid an investigation.

The witness was then referred to statements of 3 of the suspects.

He agreed the accusations are serious, but denied it is the truth.

Visva: Why would they make such a serious allegation?

Witness: Because drug addicts don’t like the police.

Visva then referred the witness to the testimony of Selvaraj, whom the witness affirmed had tested negative for drugs and was subsequently freed.

However, before Visva could proceed further, the witness blurted out that Selvaraj was “drunk with toddy”.

Visva: Is this stated anywhere in the report.

Witness: No

Visva then severely admonished the witness for making unsubstantiated statements to mislead the court.

The witness then affirmed that Rajinder had sprinkled water on Guna when he collapsed. When Visva pointed out that Rajinder and his other collegues had testified it was the witness who did it he was silent.

Visva reminded the witness he was under oath to tell the truth and that sprinkling water on an unconscious person was a noble act - there was no reason to deny it if he had actually done so.

Visva: So who is telling the truth? Who sprinkled water and attended to Guna – or nobody at all?

Witness: (long pause)

Asked if he now wants to change his testimony, he said he “feels it was Rajinder”.

The witness also affirmed he did not touch the deceased.

Visva: Rajinder said you sprinkled water and moved his hands. Now you say you did not touch him.

Witness. I am not sure.

Visva: You are a compulsive liar. There is no point in going on.

After an hour and fifteen minutes of cross examination, the credibility of the witness was in shambles.

Visva had earlier asked the Coroner to note the delayed answers and demeanor of the witness.

Whither national education?

thenutgraph.com

IN this final of a four-part series on education, The Nut Graph attempts to examine the problems that have become entrenched in the national school system. While public schools were reliable and multi-racial centres of education for Malaysian children not too long ago, today, parents who can afford it are sending their children to private schools. Those who can't, opt for Chinese vernacular schools. There also seems to be a growing trend towards home schooling.

Do these trends indicate that the public school system is failing us? How did it come to this? And what needs to be done to stem the decline? Deborah Loh and Koh Lay Chin attempt to answer these questions.

---

MALAYSIA's development has been top-down instead of bottom-up. Under Tun Dr Mahathir Mohamad, development was imposed through big infrastructure projects and by creating a nouveau riche class. Under Tun Abdullah Ahmad Badawi's administration, he tried to return the focus to building human capital. Now, Datuk Seri Najib Razak is working to shape his legacy around a New Economic Model (NEM) besides plans to make Malaysia a high-income nation.

High-income, knowledge-economy, escaping the middle-income trap, lifting subsidies, competitiveness — these are the buzzwords that we've been hearing, and will continue to hear, in coming discussions about the NEM when it's finally unveiled.

One wishes that economic planning would also include revamps of the education system. The reasons why public schools are no longer schools of first choice — as spelt out in The Nut Graph's series on vernacular, private, and home-school education — are the same factors that define Malaysia's problems as a mediocre, middle-income economy.

Surely the government sees the link. National schools aren't producing a mass enough number of quality students who in turn become quality graduates at local universities. Add to that race quotas which limit the number of truly bright and deserving students in local institutions, and which dictate just who is "qualified" to receive government scholarships. The brain drain of students educated overseas who prefer to remain and work abroad shouldn't be surprising. Overall, it seems that the public education system from start to finish sends the best minds away instead of retaining them.

Repairing the system

What needs to be fixed? Many things, but let's start by looking at the basic complaints about public schools as highlighted in The Nut Graph's education series, and what they spell for the economy.

Lack of quality teachers

Signs advertising private tuition classes

Early childhood education expert and National Human Rights (Suhakam) commissioner Datuk Dr Chiam Heng Keng has acknowledged that the "vast majority of teachers are not dedicated to the profession". Also, not enough people are making teaching a "first career choice".

Classrooms in public schools have high student to teacher ratios. They are run by overworked teachers who must juggle between teaching and administrative work. And they are peopled by pupils lacking individual attention. All these make for an uninspiring education system that doesn't promote a culture of learning and exploring.

We see the effects in university graduates who may be text book smart but know little about the world around them.

Too exam-oriented

Moral studies in Malaysia require rote learning (public domain | Wiki Commons)

Even the government admits this. Apart from being a structural policy flaw, over-emphasis on academic performance is perpetuated by the first problem above. When there aren't enough teachers, there isn't the luxury of time to indulge in more creative ways of teaching.

As such, mass rote learning and assessment through exams becomes easier to implement. Student performance is easier to measure this way, even if it isn't the most holistic method.

Lack of creativity and teaching of soft skills

Points 1) and 2) together contribute to a teaching culture that discourages students from thinking outside the box and trains them to give only the "right" textbook answer.

Such a top-down teaching method discourages critique and questioning. By extension, students who are discouraged from questioning or offering their views are students who lack confidence in speaking or articulating themselves. No wonder common complaints by employers are that graduates lack English competency, communication and problem solving skills, and general knowledge.

Ethnic polarisation

While the Education Ministry maintains that national schools are necessary for ethnic integration and national harmony, it hasn't addressed the fact that student and teacher populations in most public schools have become dominated by one race.

Parents worry about overzealous Malay Malaysian teachers imposing Muslim preferences on all pupils. Some Muslim parents even prefer a more multicultural environment for their children and deliberately place them in international or private schools for that reason.

While parents like these feel the need to prepare their children for a globalised world, the majority of students are at risk of being insular and uncompetitive, unless their parents make special efforts to ensure otherwise outside of school.

Policy flip-flops

The national education system is already notorious for policy changes every time a new minister helms the portfolio. But reversing the teaching of Mathematics and Science in English was noted as the last straw for parents interviewed by The Nut Graph. So was ambivalence over the maximum number of Sijil Pelajaran Malaysia subjects that a student was allowed to take.

From then on it seemed that interest in private, vernacular and home schools increased. Parents consider it a lack of government vision as to what public education should achieve with regards to the country's needs. There's also a lack of contiguous planning for students to transit from secondary to tertiary education and eventually, the workforce. Hence, employers complain that graduates lack industry-relevant skills and the high number of unemployed graduates are an on-going concern.

As of 2009, only 23% of Malaysia's labour force had tertiary education. It indicates that our economic sectors are still low-skilled and labour-intensive driven. To become a high-income nation, is the workforce first capable of earning higher wages? To become an economy based on skilled and knowledge workers, are our students first being adequately prepared at the pre-school and primary levels? Are we equipping students who can make the transition from manufacturing and assembly to creating and innovating?

It doesn't seem so from the woes parents have about public schools. And if their children are in alternative education systems that ultimately send and keep them abroad, it leaves Malaysia with a dearth of home-grown expertise and skills.

So has the public education system failed us? We can't deny its successes in providing basic education for every child, producing high literacy rates, and helping in the country's move from agriculture to industry.

However, this is no longer enough. Bolder revamps to public schools and tertiary institutions are needed.

Start with de-politicising education. Let education be holistic and creative instead of imposing cultural, religious or political agendas through subjects like Moral and History. Let teaching staff be multiracial, with more public funds invested in their salaries and welfare rather than ill-planned infrastructure projects. More importantly, ensure that teacher promotions are based on meritocracy, not a failed quota system that only entrenches mediocrity.

Let alternative education systems like home-schooling and independent Chinese medium high schools be accepted for local public university entry.

Indeed, what is needed to free the national education system from being defined by ethnic and political considerations is courage and long-term planning. And unless there is that, moving beyond the middle to sustaining our future dream economy is building castles in the air.

Isu Ceramah:”Semua Program ini Kita Jalankan Dengan Permit (Polis)”.

Dari MalaysiaKini
Oleh Salhan K Ahmad

Seramai lima orang pegawai polis tiba di ibu pejabat PKR di Petaling Jaya pada kira-kira jam 11.30 hari ini untuk merekodkan kenyataan daripada ketua umumnya Datuk Seri Anwar Ibrahim.

Tiga pegawai polis yang merakam kenyataannya itu daripada tiga balai berasingan di Pulau Pinang, manakala dua lagi daripada unit cawangan khas Bukit Aman.

Kenyataan Anwar direkodkan di sebuah bilik dengan dinding kaca, di tingkat tiga pejabat berkenaan.

Adalah dipercayai siasatan polis itu berhubung kandungan ucapannya pada beberapa ceramah di Pulau Pinang, bulan lalu.

Siri ceramah itu diadakan bagi mendapatkan sokongan orang ramai kepada Pakatan Rakyat, khususnya PKR ketika Anwar berhadapan dengan perbicaraan kes liwat keduanya.

Pada siasatan polis hari ini, Anwar ditemani oleh dua peguam Yusmadi Yusof dan Sivarasa Rasiah, serta ADUN Pantai Jerejak Sim Tze Tsin.

Wartawan dibenarkan untuk memerhatikan prosiding berkenaan daripada luar bilik tersebut.

Selepas selesai merakamkan kenyataannya, Anwar berkata empat laporan polis dibuat ke atasnya berhubung ucapannya di beberapa ceramah sepanjang tempoh sambutan tahun baru Cina.

Anwar berkata siasatan mengikut Seksyen 112 Akta Polis itu dijalankan atas dakwaan fitnah, hasutan dan mengadakan perhimpunan haram.

“Tiga laporan polis daripada polis sendiri dan satu daripada orang awam,” kata Anwar.

Siasatan polis adalah berdasarkan ucapan Anwar yang menyentuh tentang kes pembunuhan Altantuya Shaariibuu, pembelian kontroversi dua kapal selam, skandal dua pesawat pejuang yang kehilangan enjin serta perbicaraan kes liwatnya.

“(Dalam majlis berkenaan) sememangnya kita ada menyebut mengenai pembunuhan Altantuya, kita sebut mengenai komisyen dan rasuah dalam pembelian kapal selam,” katanya.

Tiga daripada program berkenaan merupakan acara sambutan Tahun Baru Cina dan juga satu ceramah anjuran DAP.

Ucapan itu dibuat di beberapa tempat di Pulau Pinang – Kepala Batas di Seberang Jaya, Batu Maung di Bayan Baru, Kampung Padang Tembak di Bukit Bendera dan Kubang Semang di Permatang Pauh.

Anwar mendakwa Perdana Menteri, Datuk Seri Najib Razak dan isteri, Datin Seri Rosmah Mansor serta ahli Umno lain menggunakan polis untuk menakut-nakutkan pemimpin pembangkang.

“Kami bantah sekeras-kerasnya siasatan ini.

“Semua program ini kita jalankan dengan permit (polis).

“(Saya seru) polis supaya jangan diperalatkan ahli politik dan beri tumpuan (membanteras) jenayah.

Ketika ditanya, Anwar berkata beliau tidak mengetahui dengan pasti mengapa polis mengambil tindakan ke atas program di Pulau Pinang sahaja.

“Saya percaya ini disebabkan mereka mahu tunjukkan kerajaan pimpinan Lim Guan Eng di Pulau Pinang itu anti Melayu dan Islam,” katanya.

Tambahnya, setakat ini 15 ahli parlimen dan ahli dewan undangan negeri Pakatan Rakyat telah disiasat polis atas perkara yang sama.

Najib has forgotten his first promise as PM that “The era where the government knows best is over”

The Prime Minister, Datuk Seri Najib Razak has forgotten his first promise as Prime Minister in April last year that “The era where the government knows best is over” when he gave an instinctive “No” to the proposal by the Penang Chief Minister and DAP Secretary-General Lim Guan Eng for the restoration of local government elections even without referring to his Cabinet.

This is most irresponsible on the Prime Minister’s part. The important issue of restoration of local government elections deserve more serious response from the Prime Minister, the Cabinet and the government.

In fact, one prominent article in a current magazine which belongs to the Umno stable of media publications, has the lead article: “Getting Local Councils to Deliver” and posing the question: “A recent survey showed that local councils are a big letdown to rate payers. Will having local council elections, or better, yet, the Government Transformation Plan, help?”

Najib’s instant and summary rejection of the idea of local government elections could be interpreted as the Prime Minister having little confidence or even having utter contempt for the Local Government Minister Datuk Seri Kong Cho Ha and the KPI Minister, Tan Sri Dr. Koh Tsu Koon who is supposed to spearhead the 1Malaysia Government Transformation Programme (GTP) Roadmap.

Najib has not only forgotten what he himself pledged when he became Prime Minister last April, that “The era where the government knows best is over” and that “We can only achieve our ambition for Malaysia if the government and people, in a united effort, work together for success and progress”, there is further regression..

Najib seems to have abandoned the ethos of “The government knows best” in favour of “The Prime Minister knows best” as it did not even occur to him to get the feedback of the Local Government Minister, the KPI Minister for GTP not to mention the entire Cabinet for a considered and appropriate response to the call for the restoration of local government elections after a long lapse of 45 years!

It is a reflection of the utter impotence and lack of principle of Najib’s Ministers that not a single Cabinet Minister had raised this issue at yesterday’s Cabinet meeting to ask for a serious consideration of the proposal for the restoration of local government elections, especially as Bapa Malaysia and the first Prime Minister Tunk Abdul Rahman had made a definite and categorical assurance for local government elections on the end of Indonesian confrontation coupled with the recommendation of Athi Nahappan Royal Commission of Inquiry for an elected local government system.

Najib should act more responsibility and be true to his pledge when he became Prime Minister that “The era where the government knows best is over” and agree to the establishment of an all-party task force to study and recommend how local government elections could be restored within 12 months.

The holding of local government elections by next year will be singularly significant for it would coincide with the 60th anniversary of the holding of the first elections in the country – the elections for the Municipal Council of George Town on Dec. 1, 1951.

Government Gives Priority On Youth Development - Muhyiddin

BELURAN, March 11 (Bernama) -- Deputy Prime Minister Tan Sri Muhyiddin Yassin said the government has always given emphasis on the development of the youths in the country right from the start until on Thursday.

He said the government recognised the importance of the role and contributions of the youths in efforts to develop the country.

"That's why we always include the youths as among the most important group that should be given emphasis," he said when launching the Leader With The Youths Camping Programme organised by the Beluran Parliamentary Office, here.

He said the government had always endeavoured to give attention to the youths in the country and the latest was through the initiative of Prime Minister Datuk Seri Najib Tun Razak who had set up the Cabinet Committee on Youth Development.

Muhyiddin said he had been appointed as chairman of the committee and described the appointment as an honour for him as well as the role of youths in the country.

He said the government was aware of the significant role of the youths in national development based on the fact that they made up 66 per cent of the country's population.

"It's a large percentage, it means that the country's progress depends on the role of the youths and what they do so that they would be involved together in developing the country.

"That's why the contribution of the youths is significant especially in terms of the country's aspiration to emerge as a developed nation by the year 2020," he said.

He said that before reaching the goal, the country would have to go through various challenges and here, the contribution and role of the youths and youth leaders would be crucial.

In this context, Muhyiddin said the government was giving top priority to ensure that the youths were given ample opportunity to acquire education and knowledge.

"This is because nothing is more valuable than giving contributions in terms of knowledge and expertise because we want the youths to be not only educated but to have ample knowledge to develop the country whether in the field of science, technology or social development," he said.

He said that one of the responsibilities entrusted by the government to him as the Education Minister was to ensure that there were adequate facilities for education in the country.

The government�s determination could be seen from the massive expenditure where almost 25 per cent of the national budget or more than RM220 billion was allocated to education annually, he said.

At the function, Muhyiddin also announced an allocation of RM102 million channelled through the Ministry of Rural and Regional Development to the Beluran district including the construction of the Water Treatment Plant at Paitan costing RM30 million and the rural electricity supply to 35 villages worth RM5.5 million.

DSAI's PC at PKR HQ (1)

Storming Of The Sultan Sulaiman Club By The Police

Is OTK trying to uphold integrity in MCA? Should he bother?

By Nathaniel Tan,

Just a brief note on the MCA saga.

Firstly, I note that when one PKR MP leaves the party, The Star will write “PKR in turmoil”. When two thirds resign from the MCA central committee? “Fresh polls for MCA” :P

It seems that lotsa people are gunning for Ong Tee Keat. Now, I really barely follow MCA politics at all, and people have told me before that it’s because he’s actually trying to bring some semblence of integrity (pursuing PKFZ, etc.. maybe he’s rightfully seeing that MCA will die unless it changes somewhat).

I usually dismiss such notions, but of late I’ve really come to wonder if there might be just a drop of truth in it – especially seeing the way Najib appears to have abandoned him.

Anyway, I really don’t feel qualified to comment much, save perhaps to say: if anyone is truly interested in upholding integrity, then perhaps one should choose political parties based on principles instead of expediency.

All those who have tried to bring goodness to BN (think of so many Umno presidents, Gerakan, etc2), have only been met with bitter disappointment. Maybe Ong Tee Keat should reconsider his options.