By-election likely for Batu seat

By Syed Jaymal Zahiid - Free Malaysia Today

KUALA LUMPUR: The status of Tian Chua as the MP for Batu continues to hang in the balance as Pakatan Rakyat lawyers noted that he could be disqualified based on the High Court's ruling yesterday.

Lawyer and Segambut MP Lim Lip Eng told FMT that one does not need to be a legal expert to interpret Article 48 of the Federal Constitution.

Article 48 states that any parliamentarian convicted of a crime and sentenced to a jail term of more than a year or a fine of RM2,000 and above would be disqualified as MP.

"You don't need to be a lawyer to interpret this. A by-election is possible," said the DAP leader.

Tian Chua's lawyers are in the process of getting a clarification from High Court judge Ghazali Cha over his judgment, where he reduced the Magistrate's Court's RM3,000 fine imposed on Tian Chua to avoid a by-election.

The PKR leader was charged with causing hurt to a policeman.

"We are currently seeking clarification on this with the judge. We would know of the decision most likely in the evening," said lawyer Amer Hamzah.

Meanwhile, Lim said since the judge gave the impression that he was sticking to his decision, the onus was now on the Election Commission (EC) to decide if the Batu seat should be vacated.

"Either the judge made a blunder or he wanted to let Tian Chua choose between a fine and jail sentence. Tian Chua chose the fine, and he already paid the amount. This means it is irrevocable.

"Also once the judge has come off from the bench and delivered his judgment, he cannot review it so it is now up to the EC to decide," he explained.

DAP's Puchong MP and lawyer Gobind Singh Deo had also said that a by-election would be imminent if Tian Chua was fined RM2,000.

His father, prominent lawyer and Batu Gelugor DAP MP, Karpal Singh, concurred with the interpretation.

Citing the 1975 case of DAP MP Fan Yew Ting, Karpal said the Dewan Rakyat speaker declared the Menglembu seat vacant after Fan was convicted under the Sedition Act and fined RM2,000.

PKR ready for by-election but...

In a related matter, PKR's elections director Fuziah Salleh told FMT that the party was preparing for the possibility of a by-election.

"We are always ready and prepared," she said, but hoped that the court would review its decision as another by-election would be a waste of taxpayers' money.

Pakatan parties have clinched eight out of the 11 by-elections over the last two years, with DAP being the latest with an uprecedented victory in Sibu, Sarawak, in May.

Batu has a mixed electorate with 44% Malays, 20% Chinese and 18% Indians. In the 2008 general election, Tian Chua defeated Gerakan's Lim Si Pin with a thumping 9,455 majority.

Batu seat: Umno vs Gerakan

By Syed Jaymal Zahiid - Free Malaysia Today

KUALA LUMPUR: With the possibility of the Batu parliamentary seat falling vacant after its incumbent was slapped with a fine for biting a policeman's ear, the local Umno division is now sinking its fangs into Gerakan.

Batu Umno division chief Yahya Md Ghani said although they respected the fact that Batu was a traditionally Gerakan seat, Umno grassroots, however, were unhappy with the inertia of Gerakan's machinery there.

"They have done nothing. They don't go down to the ground and listen to the voters. It is Umno that has been taking care of the 38 percent Malay voters there," he told FMT.

"Gerakan and MCA have been doing nothing to win the hearts of the Chinese voters," he added.

Yahya's discontent echoed the general sentiment among hardcore Umno grassroots who view the two Chinese-based Barisan Nasional component parties as "useless".

To them, the two parties have not helped the ruling coalition's effort to regain lost support after its worst ever electoral performance in the 2008 general election.

Is Umno vying for the seat?

Yahya, however, was non-committal when asked if his division was vying for the seat, saying that the top leadership had the final say on this matter.

"We do not have a problem if Gerakan contests there. It is up to the party leadership,” he added.

The High Court yesterday ordered Batu's PKR incumbent Tian Chua to pay RM2,000 in fine for his offence.

Although the court had reduced the original RM3,000 fine imposed by the Magistrate's Court in a bid to avoid a by-election, the judgment, however, had inadvertently made a contest possible.

Article 48(1)(e) of the Federal Constitution states that a person would be disqualified from the MP post if convicted in a court of law and sentenced “to a fine of not less than 2,000 ringgit”.

Meanwhile, Yahya said the Batu Umno division was prepared for the by-election, and his team had been sent on a retreat to Janda Baik recently for election training.

"Yes we are ready. Our team had recently gone for training. The election training was to help us prepare for possible by-elections and the general election," he added.

FMT learnt that BN had been working hard on the ground to reclaim the seats lost in the nation's capital.

Pakatan sources also confirmed this, claiming that Federal Territories Minister Raja Nong Chik was “splashing money” to woo voters.

Tian Chua defeated Gerakan's Lim Si Pin with a thumping majority of 9,455 votes in the last general election.

In a related development, former Gerakan Wilayah chief Dr Tan Kee Kwong told FMT that BN and Umno cannot win the seat.

According to the ex-Segambut MP, who is now with PKR, there were more than 4,000 hardcore PAS supporters whereas PKR enjoyed at least 72% of popular support in the mixed constituency.

Khairy: 30% Bumi equity just there for comfort

By Ken Vin Lek - Free Malaysia Today

KUALA LUMPUR: Umno Youth chief Khairy Jamaluddin today said that the 10th Malaysia Plan (10MP) was not much of a change from the previous five-year plans.

“What we see here is similar to the Ninth Malaysia Plan, which is that the private sector has to take over from the public sector in spurring the economy.”

“The only difference here is in our affirmative action (programme). Right now, the government is adopting a reformist school of action where we recognise the need to restructure society and that old policies are simply not workable anymore for the Bumiputera community and Malaysia in general,” he said.

Khairy was speaking at a forum on the 10MP at University College Sedaya International here. With him were PJ Utara MP Tony Pua, and CEO of IDEAS, a think-tank, Wan Saiful Wan Jan.

Khairy seemed optimistic that the 10MP is an innovative blueprint that can lead the country forward.

He said the 30% Bumiputera equity is simply not workable anymore in today’s day and age.

“The 30% policy is just there for comfort. With the 10MP, we believe in a merit-based, market-friendly and fair system. You will see a real sustainable and competitive Bumiputera community from this plan,” he added.

Under the 10MP, the target of achieving at least 30% Bumiputera corporate equity ownership at macro level will be maintained.

The focus, however, will be on promoting genuine economic participation, consistent with the objective of sustainable high growth rather than corporate equity allocation.

It is reported that the Bumiputera median household income of RM2,531 in 2009 is lower than the national median income of RM2,830 and Bumipuetra ownership of share capital (at par value) of limited companies had increased marginally from 18.9% in 2004 to 21.9% in 2008.

Khairy said the 10MP aims to help the bottom 40% regardless of ethnicity.

While he agrees that part of this affirmative action plan would allow the better-connected and educated Bumiputera to benefit substantially more than others, Khairy said the 10MP is different in that it is innovative and strives to be transparent.

“It’s all about helping the country survive and for us to be competitive.”

High-income society

Pua, who concurred with Khairy, said there is no problem giving the Bumiputera 30% of the wealth as they make up 60% of the population.

“It does not mean that when the Malays become richer, other races become poorer.”

“However, it changes the dynamics of the affirmative action programme. When you go by race, those who are better- connected and better-educated will get more benefits from this programme; thus not all of society would be helped,” Pua said.

Khairy said that while the private sector contributed to 2% growth on average in the past five years, the target of a 13% growth set in the 10MP is quite difficult to achieve.

“With such a plan, you start thinking where is this growth coming from. Of course, there are property development projects in Sungai Buloh, Sungai Besi, and the financial district in Jalan Tun Razak.”

“The problem here is that they are all property developments. Who's going to buy them and where is the demand going to come from?”

Khairy proposed that a high-income society, driven by productivity and innovation, be created first before the government ventures into property development.

“If we are really interested in spurring private sector, we must invest in a value chain, which drives innovation. This is clear in the 10MP where the government intends to give incentives to companies which invest in people.”

On Talent Corporation, a government-linked company formed recently to attract Malaysian graduates residing overseas, Khairy said, “The problem with attracting them back has nothing to do with the lack of incentives; instead it's because of the structural problems they will face when they return home.”

“There is a wall of bureaucracy and red tape they will have to encounter,” he added.

Khairy cited the “Returning Scientist” programme implemented in the 1990s where many of the talents recruited had difficulties in adapting to the local working environment.

Khairy, who said that previous five-year plans have failed to live up to expectations, believed that the problem lay in the details and executing them.

“The key feature in the 10MP is that it’s now result-based rather than input-based. Key Performance Indicators have to be met and we realise the importance of getting value for money.”

“In short, the prime minister wants us to go up the value chain and become a high-income nation: an economy driven by innovation where people are less dependent on subsidies,” Khairy said.

Tian Chua faces disqualification as judge stands by ruling

KUALA LUMPUR, June 18 — Batu MP Chua Tian Chang’s fate is now in the hands of the Dewan Rakyat Speaker.

High Court judge Datuk Ghazali Cha today stood by his decision yesterday to fine the PKR federal lawmaker RM2,000, the threshold amount that causes him to lose his seat in Parliament.
Grab a Celcom Blue Bear(TM) and stand to walk away with RM10,000!

“We were informed by the judge though his deputy registrar that his grounds are clear and there’s no need for clarification,” Chua’s lawyer, Amer Hamzah Arshad told The Malaysian Insider this morning.

Najib's 'Greater Kuala Lumpur' an insult to S'gor and Sultan

By FMT Staff
SHAH ALAM: Prime Minister Najib Tun Razak’s 10th Malaysia Plan (10MP) has introduced a new terminology -- “Greater Kuala Lumpur” -- in its bid to dismiss the Selangor state’s contributions to the national economy.
An affronted Menteri Besar Khalid Ibrahim has questioned the federal government’s arrogance in naming Petaling Jaya, Subang Jaya, Ampang Jaya and Shah Alam as part of the Federal Territory or Greater Kuala Lumpur.
“This is both strange and absurd. The term 'Klang Valley' has been substituted with the word Greater Kuala Lumpur.
“In a footnote in the 10MP, ‘Greater Kuala Lumpur’ includes Petaling Jaya, Subang and Ampang Jaya and Shah Alam.
“All these areas are within the Selangor boundaries. It is an insult to state and sovereignty. What is the federal government’s intention when it ignores using the term Selangor?" asked Khalid.
He said Selangor contributed 20% towards the national income and had every right to be acknowledged as a contributing state.
“Foolhardy to ignore Selangor'
Khalid added that the gross domestic product of the Klang Valley's five million residents was higher than Malaysia in general.
“Not to mention the fact that the number of doctors and lawyers per 100 square metre in Petaling Jaya is more than any other place in the country."
“You can’t just ignore Selangor. Let me remind Najib and his Cabinet not to make an enemy out of the Selangor people just because they voted for Pakatan Rakyat in the last election,” he said.
Recapping the details of the 10MP at the state secretariat yesterday, Khalid said Malaysia would not be able to deal with the economic crises without Selangor’s economic contributions.
“It is foolhardy of Najib to ignore Selangor simply because the people had made their choice,” he said, adding that the Cabinet was being suicidal in supporting the dismissal of Selangor citizens' contributions towards the country's economy.
On projects and programmes, Khalid said the Selangor government had applied for permission for 400 projects but to date have received no reply.
He said the 10MP has downplayed the Klang River clean-up project, local council elections and the withdrawing of water concession assets.
He also hit out at the privatisation strategy under the 10MP, which he claimed erodes the authority of local councils and gives Putrajaya monopoly over water and solid waste administration in Selangor.
“The 10MP mentions the north and east economic corridors. It also touches on Iskandar Malaysia and Sabah but has no development plans for Selangor.
“It is an outright denial of Selangor’s importance. But the central government cannot ignore Selangor because our economic value is very high,” he added.

Electric train service 'derailed'

By Patrick Lee - Free Malaysia Today
KUALA LUMPUR: Amidst much fanfare, the electric train service (ETS) had a soft launch in December last year. But ETS -- the pride of Keretapi Tanah Melayu Bhd (KTMB) – has been “derailed”.
According to an industry source, the ETS had run into technical problems.
The ETS costs RM40 million per set (consisting of six coaches). The source said there were only five train sets available.
“They're not ready for the country's railways,” the source told FMT.
The Railwaymen's Union of Malaya (RUM) has expressed its disappointment over the delay. Its president Abdul Razak Md Hassan also said that RUM was kept in the dark about developments related to ETS.
He said that during a meeting between RUM and KTMB on June 2, the latter did not shed any light on the KTS. (The meeting with KTMB's top management is held biannually aimed at ironing out major problems faced by the railway sector.)
“When we met on June 2, there wasn't a presentation (about the ETS). There was no discussion at all,” said Razak. “We queried Aminuddin Adnan (KTMB president) on several issues, (including ETS) but he either feigned ignorance or stayed silent throughout the whole meeting.”
Razak also told FMT that KTMB was planning to create a subsidiary company for ETS.
“Firefly is a subsidiary of MAS, which was formed to challenge (AirAsia). As a subsidiary of KTMB, who is ETS supposed to compete against?”
'Waste of money'
Razak also said KTMB planned to hire a top management team to operate ETS besides hiring non-executive staff. He added that the railway company was also considering installing new ticket barriers for the electric trains. “All this is a waste of money,” he said.
Razak also told FMT that the relationship between RUM and Aminuddin was thorny.
“We've had very good communications with previous presidents, so why is he (Aminuddin) so aloof with us?” asked Razak. He said Aminuddin had called RUM a hindrance to KTMB.
Razak also questioned Aminuddin's ability as KTMB president. Before taking over the company in September last year, Aminuddin was the CEO of the Express Rail Line (ERL).
“KTMB has been around for 125 years and has been looking after rail tracks covering 2,500km. ERL has been in operation for only five years and is responsible for about 100km stretch of tracks,” said Razak.
“He (Aminuddin) does not have any experience with KTMB, so how can he come in and take control of a big company?”
A quick look at the KTMB website revealed little information regarding the ETS, aside from a short write-up on its handover ceremony in December 2009.
Attempts to contact KTMB on the matter have been unsuccessful.

Mahathir’s messy legacy

By Gregore Lopez - Free Malaysia Today,

COMMENT Southeast Asia has seen its fair share of authoritarian leaders. Malaysia’s Dr Mahathir Mohamad is one who still endures, albeit now on the sidelines. Ascending to the premiership of Malaysia in July 1981, and ruling until his forced retirement in October 2003, he reigned in impressive fashion.
Among the many titles that were bestowed on this poor boy from a Malaysian backwater were “respected Muslim”, “Third World leader”, and “spokesman for developing nations”.
Within the country, as overseas, he was both loathed and loved. In his quest to transform Malaysia into a “developed nation”, he used all possible means, both domestic and external, to achieve his grand vision. Seven years since his departure, what has been his legacy?
Mahathir gave Malaysia a new profile through his larger-than-life personality, ambition and action.
He developed the role of “Third World leader” when he took on Malaysia’s colonial masters through his “Buy British Last” policy. He regularly attacked the West while encouraging developing nations to work together through his frameworks of “Asian Values”, the “Look East Policy” and “South-South Cooperation”.
He weighed in on international issues such as the global environment, Antarctica and even what he termed a “New World Order”. He also stood up for the Islamic “ummah” by speaking out against its perceived opponents, and provided strong support for Palestinian and Bosnian Muslims in their struggles.
His actions in the region were more pragmatic. Mahathir — alongside other Asean leaders from Indonesia, the Philippines, Singapore and Thailand — saw Asean within the framework of regional security and as an expanding market for Malaysian goods and services. In ensuring regional security, Mahathir continued Malaysia’s longstanding hybrid form of neutrality.
Awkward tradition
Since independence, Malaysia has relied on Britain, Australia and New Zealand to underwrite its security but has concurrently endorsed the view that Asean should be free of big power influence. Mahathir continued this awkward tradition.
It has now been revealed that in 1984 Mahathir signed a secret defence agreement with the United States; an agreement which he deemed beneficial to Malaysia. It vastly expanded military cooperation between the two nations.
This revelation contradicts the vehement public statements that Mahathir made about not indulging
foreign, especially US, influence in Malaysia or the wider Asean region. This was classic Mahathirism: pragmatic to the point of hypocrisy.
To further strengthen Asean, both in regional security and economic terms, Mahathir encouraged the consolidation and expansion of the organisation. He strongly supported the Asean-UN International Conference on Cambodia that eventually led to a negotiated settlement between the warring sides.
Mahathir also played a key role in promoting the membership of Burma through the much-maligned policy termed “constructive engagement”. During the Mahathir era, Asean eventually came to include all 10 countries of the region.
With the end of the Cold War and the rise of China, Mahathir and Asean realised that a new platform was needed to ensure regional security and to contain China.
Damaged credibility
Mahathir therefore took an active role in the shaping of the Asean Regional Forum (ARF), Asean's post-Cold War regional security apparatus. The ARF brought together the regional powers and the United States in an effort to guarantee regional peace.
In expanding its markets and in response to the formation of the European Union (EU) and the North American Free Trade Association, Mahathir and Asean responded with another free trade agreement called the Asean Free Trade Agreement.
Notwithstanding these contributions, Mahathir’s legacy seems to be fading. This began with his treatment of Anwar Ibrahim, his able deputy whom he humiliated.
Mahathir’s credibility as an Islamic leader was damaged forever with that action. Malaysia celebrated his resignation by giving his replacement, Abdullah Ahmad Badawi, the biggest-ever mandate for an incoming prime minister.
Furthermore, since his departure, the effects of his authoritarian rule are increasingly felt. The use of democratic institutions to protect corrupt leaders and to attack the opposition, the unprecedented rise of religious bigotry, and the weakening of the country’s economic fundamentals all point back to Mahathir’s years in charge.
On the regional front, Mahathir tried his best to keep Australia and the US out of the region to satisfy his own prejudices. While the US was too powerful to be ignored, Mahathir relished vetoing Australia’s involvement in Asean-related forums.
Since his departure, Australia has been granted its relevant membership and Malaysia is now more closely aligned to both Australia and the US than ever before.
While Mahathir held sway over domestic and global politics for 22 years as a courageous Third World leader, his departure was welcomed, not only by Malaysians but also by Malaysia’s neighbours. Malaysians now have the task of cleaning up the mess he left behind.
Gregore Lopez is currently pursuing a PhD in Economics at Australian National University and blogs at greglopez.wordpress.com. He also volunteers as the editor of the Malaysia section of New Mandala.

Sabah challenged to reopen files on share-swap deal

By Queville To - Free Malaysia Today
KOTA KINABALU: Former Chief Minister Yong Teck Lee wants the state Barisan Nasional government to explain how its investment arm had lost RM114 million in a share-swap deal that went sour 12 years ago.
Yong said Resource Development and Information Technology Minister Dr Yee Moh Chai who questioned the massive loss when he was an opposition parliamentarian in 1998 is the best person to explain the Warisan Harta Sabah Sdn Bhd-North Borneo Timber Berhad share swap issue.
The controversial deal which was made over 12 years ago was resurrected this week when Warisan Harta CEO Rahman Ghani revealed last Monday that the state government's investment arm was just recovering from the calamitous investment.
Yong, the Sabah Progressive Party (SAPP) president, who was the CM at the time the deal was signed, wants Yee to launch a fresh investigation into the background of the share-swap.
“I assume he (Yee) thinks he has evidence of wrong doings committed by me as Chief Minister," said Yong.
He warned that under Malaysia’s anti-corruption laws, it is an offence to conceal evidence of corruption.
“Yee, who is a minister now, has a duty to provide such evidence to the authorities. If he withholds evidence from the MACC, he is committing an offence.
"But if he has no evidence against me, then he has been lying for the last 12 years. Now, he has to make up his mind,” he said.
“Yee was personally digging for incriminating facts all over the places from Kota Kinabalu to Kuala Lumpur.
"Obviously, he did not succeed in getting any incriminating information about me because there was none. If he had any incriminating information against me, would he hold back?” asked Yong.
He was responding to Yee’s statement on Wednesday that since Yong was the chief minister at the time he should know the facts behind Warisan Harta, instead of passing the buck to him (Yee).
Yong also said that he remembered during the period of the 1998 court case on the so-called NBT-Warisan Harta Sdn Bhd issue, Yee and four other unidentified individuals had gone to the extent of harassing a company official and a police report had been lodged.
The truth about the legal suit
Yong is now accusing Yee of not telling the truth over the discontinuance of the previous court proceedings involving him and the latter.
“Yee has tried to make it seem he has nothing to do with the discontinuance and that I had unilaterally withdrawn the case,” he said.
He produced copies of the notes of proceedings which had been made available by the judge to both parties, which clearly indicated that both parties had mutually agreed not to continue with the proceedings.
Yong noted that prior to discontinuance of the court proceedings, discussions were held in the judge’s chambers and outside.
“Court litigation is a time consuming, tiring and costly affair. It is always my last option. But Yee’s personal attacks against me were so ferocious and malicious that I had no choice but to seek legal recourse to clear my name and defend my reputation,” he said.
Yee and Yong, once Parti Bersatu Sabah (PBS) colleagues, have a history of accusation and litigation against each other.
Between 1998 and 2000, three cases were heard in High Court. The first was when Yong sued Yee in 1998 over his allegation on the share-swap.
Yong again sued Yee for accusing him of covering up the presence of phantom voters in the elections and then for distributing election leaflets with caricatures of Yong distributing illegal ICs.
In January 1998, the Sabah Anti-Corruption Agency announced that it was investigating the RM72 million loss by Warisan Harta after it had bought three million North Borneo Timber Berhad shares.
ACA director Shahar Abdul Rahman confirmed that Yee, the then Tanjung Aru MP had had questioned the losses in his report lodged with the state ACA.
"We are now looking into the matter, and will take the appropriate action," he said.

MELAYU KEMANA 2

"Sebenarnya tidak ada apa-apa, itu hanya untuk menakutkan orang Melayu sahaja kerana tidak mungkin kaum terbesar di negara ini boleh menjadi minoriti di negara sendiri.

"Kalau kita lihat secara realistiknya, orang Melayu masih lagi menjadi majoriti dalam semua aspek jadi mustahil untuk menjadi minoriti," katanya.

"Hanya orang yang terdesak sahaja yang akan mengeluarkan kenyataan begitu dan ini menunjukkan beliau (Mahathir) masih belum matang dalam berfikir." - Prof Madya Dr Azmi Sharom, pensyarah undang-undang Universiti Malaya (Malaysian Insider, 17 Jun 2010).

1. Saya akui yang pemikiran saya belum matang seperti yang didakwa oleh Prof Madya Dr Azmi Sharom, pensyarah undang-undang Universiti Malaya.

2. Saya lupa bahawa 60 peratus daripada 100 peratus adalah majoriti. Dan jumlah orang Melayu di Malaysia menjadikan mereka 60 peratus daripada 27 juta rakyat Malaysia. Mereka bukan minoriti.

3. Tetapi orang Melayu sekarang berpecah tiga. Kalau pecahan ini sama rata maka tiap satu puak atau parti, peratusan mereka adalah 20 peratus. Walaupun mungkin ada parti yang mendapat lebih ramai penyertaan, jumlah peratusan mereka tak mungkin 50 peratus atau lebih.

4. Angka-angka sokongan kepada PAS sahaja dalam pilihanraya menunjuk lebih 50 peratus daripada pengundi Melayu menyokongnya. Lima puluh peratus daripada 60 peratus (jumlah peratusan Melayu dalam negara) ialah 30 peratus.

5. Yang baki 30 peratus terbahagi antara UMNO dan PKR dengan UMNO mungkin mendapat bahagian yang terbesar.

6. Dilihat daripada segi keseluruhan penduduk negara, Melayu yang 60 peratus sudah terbahagi kepada tiga puak yang masing-masing mendapat peratusan kurang daripada 50 peratus penduduk, iaitu kurang daripada majoriti. Puak-puak ini pula bermusuh sesama mereka sehingga ketiga-tiga menjadi lemah.

7. Secara efektif tidak ada lagi kuasa 60 peratus pada Melayu. Permusuhan sesama mereka menjadikan mereka lemah. Kuasa mereka tidak lebih daripada jumlah mereka dalam parti-parti campuran yang mereka sertai iaitu hanya 1/3 daripada 60 peratus, iaitu hanya 20 peratus.

8. Ini menjadikan mereka, dalam konteks kuasa mengundi demokratik, puak minoriti, walaupun daripada jumlah bilangan mereka sebagai warga Negara mereka berjumlah 60 peratus.

9. Kita mudah lupa. Bala tentera Sultan Melaka jauh lebih besar daripada pasukan Portugis yang menyerang Melaka. Tetapi bala tentera Melaka kalah.

10. Bukan jumlah yang besar yang penting. Yang penting ialah keupayaan pasukan.

11. Dan tidak kurang pentingnya kepada hasil pertempuran antara Melaka dan Portugis ialah peranan Kitol dan Raja Mendeliar. Dikalangan orang Melayu yang sudah terbahagi tiga terdapat ramai Kitol dan Raja Mendaliar.

12. Jumlah semua 60 peratus. Tetapi kuasa bukan 60 peratus. Kuasa Melayu hanya kuasa minoriti. Aspek yang inilah yang dimaksudkan oleh saya yang kurang matang fikiran.

Media vs LGBTs

By Ding Jo-Ann | The Nut Graph
HOW is our media measuring up to its role? If some newspapers’ treatment of what constitutes news is anything to go by, it is clear that some among the Malaysian media are not only unprofessional. They are also causing harm to vulnerable groups.

Representatives of Suhakam receiving the memorandum (pic courtesy of S Thilaga)

Without a doubt, there is evidence that some media are targeting the lesbian, gay, bisexual and transgender (LGBT) community in Malaysia. A recent memorandum sent by concerned individuals to the Malaysian Human Rights Commission (Suhakam) highlighted how newspaper reports frequently demonise the community as “deviant”, “lewd” and “disgusting”.
Regardless of one’s personal views about sexuality, the question is how does such reporting measure up against journalistic ethics, uphold public interest, and respect a person’s dignity? One way to answer that question would be to compare recent Malaysian reports on the LGBT community against well-known journalistic codes of ethics.
“Minimise harm”
The limitation of harm is one of the foremost principles in ethical journalism. It is for that reason that minors’ names, sex crime survivors’ identities and grieving families, for example, should be treated sensitively in news reports. The underlying rationale is that however hot a story, all sources and subjects are human beings and deserve respect.

Metropolis by Amir Muhammad & Liza Manshoor, based on Harian Metro headlines (pic courtesy of Lainie Yeoh)

It is questionable however, whether the following Malaysian news reports do enough to minimise harm and  accord the individuals being targeted with respect for their rights and dignity.
“Dancing while licking their respective partners!” a Kosmo report entitled Parti lesbian berleluasa began. The report also recounted how most of the 100 people at the “wild party” were deviant or from golongan songsang.
Or consider this headline: Pesta khatan berkepit pondan in Harian Metro on the presence of transgenders dancing the joget with locals at a village circumcision festival.
And how about this title: Aksi panas pengkid, lesbian, which contained a report on a private party for lesbians, which was infiltrated by undercover journalists.
Many of the reports focused on titillating details such as lesbian couples “making out lustily on beds while the music played” or “disgusting and frightening incidents of local gay teenagers who advertise themselves on social networking sites to obtain wild sex.”
Rather than aiming to minimise harm, these reports in fact set up LGBTs as target practice for the morally superior.
Good taste

Evil spirits of the modern daily press literally spewing out of the printing press (public domain | Wiki Commons)

Journalistic principles also call for good taste in reporting and to “avoid pandering to lurid curiosity”.
Harian Metro’s article Belaian lelaki jambu, however, does not seem to abide by this principle, choosing instead to thrill and tantalise.
In describing massage services for gay men, the report said, “…many may have overlooked the presence of youthful masseurs who offer [sexual] services to the gay community with their deviant desires.”
It goes on to provide extensive details of available massage packages. “Two masseurs will massage a client without a scrap of clothing on” and “all packages can have an add-on service using the tongue,” it said.
The report went on to quote a customer: “Not just licking, but biting can also be included. This is all done to satisfy desires.” How the journalists represented themselves in order to get this interview was unexplained.
The article Aksi panas pengkid, lesbian also painted a picture of party-goers acting luridly and uncontrollably. “When the pengkids who were participating began dancing and spinning rapidly with various disgusting actions, the 150 to 200 visitors cheered on.”
Being fair
Did the newspapers attempt to get both sides of the story by asking for the views of the LGBT community, which they portrayed as “sexually deviant” and “disgusting”? Did the media outfits that ran those reports bear in mind the ethical principle to respect the subjects being written on as human beings? What about the LGBT community’s right to be treated equally and without discrimination, as enshrined under our Federal Constitution?
Yes, maybe “sex sells”. But is that what journalism is for?
The balance of power between the media and the people they report on should also be taken into account. That’s why the Society of Professional Journalists gives guidelines on minimising harm: “Private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.”
How would media organisations justify journalists sneaking into private parties and massage parlours in the name of public need? How does providing salacious details of parties and massages advance fairness? And aren’t there other issues that deserve more investigative journalism and exposure? Corruption amongst public officials, for example. Or government overspending, or deaths in police custody and police use of firearms that cause unexplained deaths and injuries.
Boys don’t cry

Boys Don't Cry poster

In 1993 Brandon Teena, portrayed by Hilary Swank in the movie Boys Don’t Cry, was shot dead by two acquaintances in Nebraska, US. He was born Teena Brandon, but preferred to live as a man. When Teena’s friends discovered his sex, they removed his trousers in public and also raped him. When he reported the rape to the police, his murderers hunted him down and shot him, along with two other friends who sheltered him.
In 1998, Matthew Shepard, a gay student at the University of Wyoming, was tortured, tied up and left for dead. His attackers later reportedly revealed he was singled out because he was gay. He was found 12 hours after the assault in a coma and died from his injuries.
Homophobia and other violent tendencies towards the LGBT community do not form overnight. They are cultivated and nurtured in our environment, in which the mass media plays an important role. While some may strongly object to certain individuals’ sexual orientations and personal choices, it is irresponsible and unethical for journalists to objectify, humiliate and endanger the LGBT community through negative and false stereotyping. By doing so, the media, in effect, supports and lends momentum to the harassment of these vulnerable groups by state-sanctioned moral police, or non-state actors.
“Crisis of abnormal sex threatens the world,” wrote Utusan Malaysia columnist Awang Selamat, likening same-sex unions to symptoms of a rapidly-spreading disease. But it is not the LGBT community that threatens the world. It is when powerful institutions like the media judge and objectify vulnerable groups that our society is truly at risk.

Agong Bids Farewell To Former Brunei Envoy To Malaysia

KUALA LUMPUR, June 18 (Bernama) -- Yang di- Pertuan Agong Tuanku Mizan Zainal Abidin granted a farewell call to former outgoing Brunei High Commissioner to Malaysia Pehin Datu Lailaraja Major General Dato Paduka Seri Awang Halbi at Istana Negara here Friday.

Awang Halbi, 54, officially took up his posting in Malaysia on March 25 this year and was appointed Brunei's deputy home affairs minister on May 29.

Before coming to Malaysia, he was the commander of the Royal Brunei Armed Forces.

Air force beats Sgt with golf club & cricket bat - to hide corruption of higher ups?

Good to be home, slept like a baby for the 1st time in weeks :P
The news I’m coming home to though, is enough to keep one up for weeks.
For starters, yet another brutality case, this time in the Air Force. As if anyone believes a sergeant was the only soldier involved in stealing such a huge engine – a soldier they had to beat the shit out of, no less.
Reminded me of the scene in The Kingdom, where a Saudi general tries to beat a confession out of a Saudi cop, except I bet Sgt Tharmendran had it much worse:

(Tharmendran’s father) Nagarajah (left) claimed that two RMAF officers, a Major Azam and a Major Ismail, had beaten and mistreated his son over a period of nearly three weeks from July 2 to 17 last year.
He claimed that Major Ismail made Tharmendran wear a crash helmet, which he then proceeded to hit repeatedly using a golf club and a cricket bat alternatively.
Nagarajah said Major Ismail told his son that he had written the names of all those he had tortured , including Tharmendaran’s on the crash helmet
Nagarajah also claimed that his son was stripped to his underwear in a room where the air-conditioning was going full-blast, and that he was not allowed to sleep, with regular interrogations after midnight.
“All the time, they kept asking him to confess he had stolen the two F5E fighter jet engines from Sg Besi TUDM Base.
“Major Ismail also threatened to shoot my son and (co-accused) Rajandran Prasad,” he said in his report.

This in turn reminds me of how only one Indian cop was ever charged in the death of A. Kugan. Come to think of it, I bet that didn’t do wonders for certain quarters in the PDRM.
Yet another case while I was away, where a father again contests the police version of events – this time a lockup case where a suspect “hanged himself“.
It seems a neverending list :(
How long more are we going to put up with people being thrashed within inches of their lives just to cover up the corruption of the powerful? >:(

Mexican subs shoot down France

France, finalists in 2006, are on the verge of crashing out of the 2010 FIFA World Cup South Africa™ after losing 2-0 to Mexico in Polokwane’s Peter Mokaba Stadium. Substitutes Javier Hernandez and Cuauhtemoc Blanco grabbed the goals as El Tri moved to within touching distance of the last 16 with a deserved win over Raymond Domenech’s lacklustre Les Bleus.

This was a generally well-matched encounter, with little to choose between two talented but inconsistent sides. Mexico, however, just about shaded it, and certainly succeeded in creating the better of the chances throughout.

The French defence looked vulnerable faced with the pace and movement of Mexico’s youthful attack, and Domenech’s side should really have conceded a goal inside eight minutes. All it took was a simple lofted ball over the top from Rafael Marquez to leave them exposed but Carlos Vela, having raced clean through, ballooned his left-foot shot high over the crossbar.

Mexico were showing plenty of ambition, and their willingness to commit men forward was exemplified in left-back Carlos Salcido, who twice went close midway through the half. First, with 18 minutes played, he charged forward from his defensive berth and rifled a low drive just wide of the far post. Then, nine minutes later, Salcido again burst forward, jinked inside Bacary Sagna and, with William Gallas backing off, poked in a right-foot shot that Hugo Lloris could only parry clear.

France were more cautious in their approach, although the largely-subdued Franck Ribery did provide one worthwhile effort with a powerful right-foot shot that flashed across goal. Mexico remained the most threatening, and even the loss of Vela to injury did not disrupt their rhythm, with the Arsenal striker’s replacement, Pablo Berrera, heading just wide within a couple of minutes of entering the fray.

The French would have felt fortunate to return to the dressing rooms with the scores level, but they emerged with renewed determination and forced a decent early save from Oscar Perez when Florent Malouda was given time and space to crack in a powerful right-foot shot. With Mexico struggling to replicate their first-half form, Javier Aguirre rang the changes, and it was one of his substitutes, Javier Hernandez, who provided the all-important breakthrough.

Marquez again split the French defence with a simple through ball, and Hernandez, having sprung the offside trap, coolly side-stepped Lloris before side-footing into the open net. A resolute French response seemed inevitably, yet it never materialised. Instead, Mexico made sure of all three points when Blanco slotted a textbook penalty to the right of the helpless Lloris after Barrera’s thrilling run was halted by Eric Abidal’s sliding challenge.

El Tri now march on to their final fixture against Uruguay knowing that a point will be enough to see them through to the last 16, while France face the hosts knowing that only an unlikely set of results will salvage their South Africa 2010 dreams.

Greece edge ten-man Nigeria

Greece edged ten-man Nigeria 2-1 in a pulsating contest in Mangaung/Bloemfontein to revive their chances of reaching the Round of 16.

It all looked like being so different for the Super Eagles, who opened the scoring in the 16th minute through Kalu Uche, but a straight red card for Sani Kaita just after the half-hour swung the balance in the favour of the Europeans, who duly secured their first-ever victory in a FIFA World Cup™ match thanks to goals from Dimitrios Salpingidis and Vasileios Torosidis. The result left Greece third in Group B, level on points with second-placed Korea Republic. Nigeria remain pointless and will now have to beat the South Koreans in their final first-phase outing to have any chance of advancing.

Uche's goal was the first in the tournament to come direct from a free-kick, though his 35-yard effort from the left flank was intended centre. Greece goalkeeper Alexandros Tzorvas was distracted by the run of Peter Odemwingie, though, and let the ball go past him untouched. The game changed in the 33rd minute, though, with Kaita's sending-off for kicking out at Torosidis after the ball had run out on the sideline. Sensing the opportunity, Greece coach Otto Rehhagel brought on Georgios Samaras to increase their attacking options. The Europeans duly began to dominate the proceedings and split open the Nigeria defence soon after, but goalkeeper Vincent Enyeama, who impressed in their 1-0 loss to Argentina, denied an unmarked Salpingidis from ten yards.

Six minutes later, Enyeama was beaten, but midfielder Lukman Haruna saved Samaras's flicked, close-range shot from crossing the line. However, Haruna was not so fortunate in the 44th minute as Konstantinos Katsouranis laid the ball off to Salpingidis, whose blast from 20 yards deflected off the young Monaco midfielder and into the back of the net.

The second half began where the first left off, and Georgios Karagounis found himself with a free header near the penalty spot, but the captain could not keep his attempt down. The two goalkeepers took turns playing hero then, with Tzorvas tipping over Uche's delicate cross from the left side of the box when it seemed like it might sneak under his bar. Enyeama spared Joseph Yobo's blushes after a poor clearance, with a diving save from Theofanis Gekas's header in the 59th minute.

From that chance, the west Africans broke back the other way immediately, and Yakubu Ayegbeni saw his shot denied spectacularly by the outstretched left hand of the Greece keeper. Half-time substitute Chinedu Ogbuke Obasi missed the rebound with the goal at his mercy. Enyeama again showed all of his ability in denying Samaras's header from a short corner after a stretched dive to his left, but the Hapoel Tel-Aviv man would have to take the blame for the Greek winner after he spilled Alexandros Tziolis's long-range shot into the path of Torosidis, who buried the chance in the 71st minute.

The game, however, remained wide open and Enyeama, who has arguably been the goalkeeper of the tournament thus far and was named Budweiser Man of the Match today, made another top-drawer save from Karagounis six minutes after his mistake. For Nigeria, this was their seventh FIFA World Cup match without victory, and they must now beat Korea Republic on Tuesday in Durban and hope Argentina can beat a Greece side right back in the running in Group B's other remaining game.

Higuain's hat-trick sinks South Koreans

Gonzalo Higuain fired a memorable hat-trick as Argentina wrapped up a thrilling 4-1 victory over Korea Republic to virtually assure themselves of a place in the last 16 of the FIFA World Cup™.

There was some scintillating attacking football from La Albiceleste as they became the first team at South Africa 2010 to reach six points. Nudging Higuain for individual honours as Korea Republic – impressive winners over Greece in their opening Group B fixture – were torn apart was the mercurial Lionel Messi, who had a hand in all four goals.

Argentina were quickly into their smooth-passing style, switching the ball quickly to their creative talents, with Carlos Tevez eager to nag away at the Korean defenders. Angel Di Maria also demonstrated the potential to make it a difficult afternoon for Korea Republic right-back Oh Beom-Seok, who had come in for Cha Du-Ri. It was following a foul on the Benfica winger that Argentina went ahead. Messi's free-kick was perfectly judged, looping towards the penalty spot where it came off the shin of Park Chu-Young, leaving Jung Sung-Ryong powerless to keep it out.

A stunning right-footer from distance from Ki Sung-Yueng indicated that the Asian team were not going to take that blow lying down but chances were virtually non-existent as the South Americans continued in comfortable control, probing away and posing all manner of problems. Tevez zipped a free-kick just too high and on 32 minutes Argentina had their second goal. A free-kick was played short this time with Messi inviting Maxi Rodriguez to deliver the ball into the danger zone where it was flicked back towards the far post where Higuain was waiting to steer in a header.

It was so comfortable for Maradona's team with Sung-Ryong denying Di Maria, and Messi only fractionally wide after a wonderful jinking run that bemused a clutch of defenders. But then a lapse in concentration allowed the South Koreans back into the match. That certainly seemed to be the case with Martin Demichelis who was guilty of dwelling on the ball as the first half entered into added-on time and Lee Chung-Young took ruthless advantage.

After the break Sung-Ryong did well to keep out Higuain's effort but Diego Maradona's team, now without Walter Samuel, who was forced off with an injury, were vulnerable to Korea Republic's pace on the counter. That was never better demonstrated than in the 58th minute, when Park Ji-Sung slid a perfect pass into the stride of Yeom Ki-Hun, who could only hit the side-netting.

The last words went to Argentina however and Higuain. After a one-two, Messi tore into the area and saw his first shot repelled by the goalkeeper. His follow-up struck the inside of the post and there was Higuain to apply the final touch. Messi and Higuain were not finished yet. With ten minutes remaining Messi's beautifully executed scooped pass put Sergio Aguero clear down the left and his cushioned cross was met with a clinical header from Higuain to wrap up his hat-trick.

MPs cry foul over Putrajaya relocation plan

RTM reporter annoys Anwar

Student's loan frozen for alleged involvement in polls

‘Multi-racial’ Indian Dr. Michael Jeyakumar, MP and almost all Indian elite refuse to speak up against UMNO racism. This is one of causes of the critical Indian problems today.

Fear losing Malay muslim votes?

Or fear of being branded an Indian extremist?

The issue here is especially the poor Indians being denied scholarships and Matriculation.

But why is this good doctor diverting the issue into an Indian rich and Indian poor issue (See The Star 17/6/10 at page N 18). This is the classical eleven Indian PKR, DAP and PAS MP diversionary tactics.

The real issue is only an estimated 0.1% of the scholarships have been given to the Indians in the race and religion based selection criteria. But there are no takers for this issue. None of the 76 Mandores in Pakatan will speak up on it.

Is it because their own community is favoured?

The good Dr. Jeyakumar and the 10 other Indian MPs and thousands of elite Indians while claiming to be ‘multi-racial’ are however quick and easy to talk on rich Indians taking away poor Indians scholarships. Why not also the rich Malay muslims taking away the poor Indians scholarship and higher education opportunities? Likewise the rich Chinese? Neither did any of the 10 other Pakatan Indian MP mandores who are assigned to portray the Indian ‘face’ in PKR, DAP or PAS will speak up on this!

Why? Unless this is not part of socialism or their brand of ‘multi racialism’.

To us this is a convenient brand of multi-racialism, arising from their minority complex, inferiority complex, and not wanting to be seen as communalist Indian.

But never mind the Indian poor having been denied these scholarships and higher educational opportunities in over the last 53 years. Never mind if a top 12As science student, a Balamurugan potential Specialist Radiologist get to merely qualify as a Diploma Radiographer. The PKR, DAP and PAS top leaders will never speak up an these injustices as the victims are merely the Indians.

Yet they will rush to speak if the victims were Malays or Chinese!

All what matters to these ‘multi-racial’ Indian MP mandores and the Indian elite is their ‘multi -racial” image, and the very ‘magnanimous’ non racial position and stance, ie., not speaking up for their community. They fear losing the 60% malay votes and/or their business.

This is exactly what the PKR, DAP and PAS Tuans, Tuan Hajis and Towkays expect of them as showcase and showpiece mandores for PKR, DAP and PAS. How there are these eleven Indian mandores any different from UMNO’s MIC mandores?

And similarly the Indian elite get to cari makan, get their promotions, salary, increments and business from the Malay muslims and Chinese.

These Indian elite refuse to see that these Indian professionals are a dying breed in the racist and supremacist UMNO led Malay-sian regime and will also affect their grand children and great grand children, if not their children who they may succeed in pulling through real multi racialism which also includes speaking up against Malay and Chinese racism and supremacy in this country.

Unless if one has selfish reasons then they should not hide behind ‘multi-racialism’ and further contribute towards the degeneration of the sixth generation Malaysian Indians.

Karunai Nithi @ Compassionate Justice

Indian are easily cheated with gimmick RM15K for SMC

Soon after the Indian under HRP highlight the issue of higher achiever Indian students are denied  PSD Scholarship , University and Matriculation the PM quickly invite the mandore Thambyrajah from SMC and ask to arrange a show where the PM announces RM750,000 ,RM15,000 for 50 students  to bring down the heat among the Indian masses.
But the PM never deliver any cheque  during the occasion to any students or SMC chief, but the next day all main stream media has published big in second page saying the 50 Indian student will get RM15,000 each, in fact they announce later the peanut RM15,000 will be given to those succeeded  to enter university, the fact  is, it is mere  gimmick to please  the Indian, who already tensed up with the scholarship issue at this time after that UMNO know that this issue will be forgotten after few weeks.
The peanut  RM15,000 is a cheap bargain for the scholarship that 48 brilliant student already denied .The Indian masses should know how they playing wayang kulit  to cheat the Indian.
from
Ramanathan

“Sokongan bukan Islam perlu dihargai” at PAS Muktamar (hanya untuk undi mereka)

 

See the photo on how PAS only wants the Indian votes. But never their welfare and well being.

But PAS has no answers as to why the Kedah PAS state government demolished the Ladang Batu Pekaka Hindu cemetery with impunity.

Samy Nathan

UMNO’s RM 32.6 billion PTPTN study loans – Indians largely excluded

(See UM 14/6/10 at page 2)

Even medical, dentistry and Pharmacy students of AIMST University are not given PTPTN loans. Most private college students are denied these study loans. Most importantly Malaysian Indian medical students studying in Ukraine, Russia, India, Indonesia, Romania, etc are denied these PTPTN study loans. Why? After all Malaysia has a shortage of doctors by 100%.

P. Uthayakumar

Indian tea plantation labourers should have become Felda like farm owners. Stop import of foreign workers.

 

The cotton fields were worked by the black slaves some 100 years ago. Today one of their descendant has become the President of the USA.

But in Malaysia Indian tea plantation workers are still earning RM 13.00 as daily paid workers and still living in one bedroom lines (working quarters) that their great grandfathers lived in during the British colonial area.

It is about time the UMNO controlled Malay-sian government acquired these large tea plantations owned by capitalist millionaires an convert it into Felda like ten acre private land ownership schemes.

But UMNO will not do it as the victim nearly all Indians.

P. Uthayakumar

Indian dream reduced to tears by UMNO refusal to bail out Maika Holdings

In it’s prospectus of March 12, 1984, Maika Holdings Berhad said it wanted to pool the resources of Malaysian Indian and Ceylonese investors into a solid base to enable the community to participate substantially in the country’s economic expansion. Lagging behind in all areas and desiring a better future, the community bought into the electrifying sales talk of MIC president Datuk Seri S Samy Vellu who criss–crossed the country with his men to get the Indians excited.

The deluge, however was totally unexpected. Maika’s public issue of 50 million shares of RM 1 each at par was oversubscribed, forcing MIC officials to apply to raise the paid up capital to RM 100 million. When the extended date for share applications closed, a total of 66,459 investors  had put in RM 106.21 million. About 80 per cent of the investors held fewer than 6,500 shares each, indicating that the lower – and middle – income earners had answered Samy Vellu’s call. In fact, thousands used their life savings, pawned their jewellery or took out loans to give Maika a sound start.

PNB shares skyrocketed by 38,200% from a mere RM 200 million in 1981 to RM 76 billion in 2008 because they were given prime land, shares in blue chip companies and prime contracts.

The UMNO led Malay-sian government bailed out (Chinese) Multi Purpose Holdings, 24 Deposit Taking cooperatives, (and Malay) Bank Rakyat, Bank Bumiputera, BMF Finance, Perwaja Steel, etc but refused to bail out Maika Holdings, even the from billions granted to Valuecap to buy up “undervalued” shares.

UMNO has no intentions of wiping out the tears of these 66,459 Indians and hundreds of thousands of their family members.

P. Uthayakumar

DAP leader says PR refuses to resolve Indian problems, only want Indian votes.

So says Asoghan, the Bagan Luar DAP branch chief. He says the Indian bureau has not met after the march 2008 general elections. Asoghan says elected representatives including Dr. Ramasamy had not taken any initiative to address the community’s problem in the state.

He said they were also disappointed that the non-Indian Pakatan state executive councilors had washed their hands of the problems faced by the community in Penang, Kedah and Selangor.

Even with three giant Indian MP mandores Karpal Singh who is DAP Chairman, Kulasegaran a former secretary general, and DCM Dr. P. Ramasamy, and five Indian State Assemblyman Mandores in Penang the last traditional Indians village in Penang, the Kg. Buah Pala, could not be saved. Even the party chairman has been proven to be powerless and useless. What more the 11 Opposition Indian MP mandores from PKR, DAP and PAS.

They do not speak up even on the critical Indian problems. Because they will lose malay muslim votes?

Similarly all the 76 PR “multi-racial” MPs and top leaders have been known to speak up on all and every Malay-sian problem, except when the victims are Indians.

Similarly none of the other 76 PR “multi-racial” MPs and top leaders have been known to speak up on Indians issues. Has anyone heard Tian Chua, Sivarasa, Azmin Ali, Saifuddin Nasution, Nik Aziz, William Leong, Chua Jui Meng, Zaid Ibrahim, Teresa Kok – anyone at all, speak up on Indian issues?

So where is the multiracialism?

Karunai Nithi @ Compassionate Justice

HINDRAF CHAIRMAN P.WAYTHA MOORTHY TO MEET UK PRIME MINISTER’S PRIVATE SECRETARY AT NO 10 DOWNING STREET, LONDON

HINDRAF CHAIR TO MEET UK PRIME MINISTER’S PRIVATE SECRETARY
AT NO 10 DOWNING STREET
LONDON
DATE: 17TH JUNE 2010
Time: 6.00PM
FORMAL SUBMISSION OF HINDRAF’S HUMAN RIGHTS REPORT ON THE MARGINALISED ETHNIC MALAYSIAN INDIAN COMMUNITY

S.JAYATHAS
HINDRAF Makkal Sakthi
National Information Coordinator

For The 1st time , Human Resources Minister admits Umno BN Mandore, denied higher educational rights to Malaysian Indian deserving straight ‘A’ students

The Human Resources Minister Mandore Dr. Subramaniam admits 1011 Malaysian Indian students were interviewed for JPA Scholarship and 316 (2.6%) were successful and he was thanking the prime minister for that (Tamil Nesan 16^th June 2010 – front page). Even then this 316 figure can never be verified as because UMNO refuses to publish it. Our estimate is only a mere 0.1% or a mere 12 top Indian students were given these JPA government scholarships. Remember even UMNO Prime Minister lied when all 523 Tamil schools in Malaysia had been promised RM 100 Million allocation under the 2009 first and second economic stimulus packages.

But zero of these funds from this RM 100 Million has flowed down to any of the said 523 Tamil schools (refer to The Star 30/9/2009 and our aforesaid letter to Prime Minister Najib dated 13/10/2009) and this allocation is for the 2009 and the year is up.

But in actual fact what is he telling the world is that 695 Indian students were denied their Higher Educational Rights despite their outstanding results.

Hindraf and HRP is not only questioning the denial of JPA scholarship. We are also demanding the UMNO led Barisan Nasional governments logic of denying the rest of the at least 695 brilliant students from scholarships Matriculation courses and Local Public Universities?

If the government feels it will go bankrupt by providing more JPA scholarships, why can’t they absorb these SPM high achievers into Matriculation or Local Public Universities or grant them scholarships in the local public and sores of private Universities in the choice of their own course ie the critical courses they may choose.

What will be the explanation for this minister sir.

And why is it the Human Resources Minister is answering on behalf of the Higher educational Minister? Doesn’t he know what’s happening in his ministries.

UMNO Youth outsources to Perkasa and MPM Pekida to maintain and sustain racist Malay supremacy

In rebranding itself to appeal to the non Malays UMNO has changed course and has directed UMNO Youth to halt their ultra position. 

To this effect UMNO has outsourced and franchised its racism and Malay muslim supremacy to Ibrahim Ali, Perkasa and Majlis Perundingan Melayu and their in civilian clothes’ police and army personnel gangster wing Pekida (See UM 31/5/10 at page 8 and 14). 

P. Uthayakumar

Tian Chua's sentence reduced, no by election

Tian Chua's sentence reduced, court rules out by-election

By Teoh El Sen - Free Malaysia Today

VIDEO INSIDE KUALA LUMPUR: The High Court here today has upheld a magistrate's court conviction of Batu MP Tian Chua for biting a policeman, but has reduced the sentence to effectively quash all talk of a possible by-election.

Judge Ghazali Cha this afternoon reduced the fine to RM2,000 and two months' jail in default.

Tian Chua was originally jailed for six months and fined RM3,000 by a magistrate's court after he was found guilty of the offence.

In delivering his judgment, Ghazali said: "A member of Parliament is the head of an area and should be a role model for the people.

"In this case, the appellant is a MP and it cannot be denied that we can have no special treatment due to his position. But to have a by-election would require a large amount of spending and it would affect the people, so I have decided on a punishment that would not affect so many people," Ghazali told a packed courtroom.

Ghazali said the magistrate court's judgment was in accordance with the facts and it should not be disturbed.

"However, I feel that the magistrate had slightly 'gone overboard' on a number of assumptions in his judgment," he said, adding that it was also Tian Chua's first offence.

He also advised Tian Chua to show a good example as a leader.

While the judge's intention not to have a by-election was evident in his judgment, the position of the law on the matter still caused some confusion.

Under Article 48 of the Federal Constitution, an MP will be disqualified if he or she is sentenced to imprisonment for a term of not less than one year or to a fine of not less than RM2,000.

The reduction of the fine to RM2,000 could still fall within this law, meaning that Tian could still be disqualifed, defeating the clear intention of the judge.

Tian Chua's lawyers have said that they will seek clarifications from the judge tomorrow.

'Pleasantly surprised'

Speaking to reporters later, Tian Chua said he was "pleasantly surprised (by the court's decision)".

"I appreciate the position of the judge not to have a by-election. We will go on with our work and struggle to ensure that justice and reform would appear in this country."

Tian then rushed down to pay his fine.

Magistrate Mohd Faizi Che Abu had on Oct 22 last year sentenced Tian Chua, 46, to six months' jail and a RM3,000 fine for biting the arm of the police officer.
Tian Chua, also PKR strategic director, was granted a stay of execution pending his appeal.
Tian Chua was found guilty of causing hurt to Constable Rosyaidi Anuar, 21, when the police officer was carrying out his duties at the entrance of the road leading to Parliament in Jalan Parlimen at 10.45am on Dec 11, 2007.
He was accused of biting Rosyaidi’s arm after the policeman stopped the car he was in and pulled him out.
The prosecution said that it has not decided whether to appeal while the appellant's lawyers indicated that an appeal was unlikely.
Lead counsel Ranjit Singh represented Tian Chua while co-counsel are Razlan Hadri, Amer Hamzah Arshad, and Jason Tay.
Prosecuting were deputy public prosecutors Lee Keng Fatt, Mohamad Hanafiah Zakaria and Ishak Mohd Yusoff.
'A learned judgment'
During final submissions this morning, Amer said the policeman was not carrying out "lawful duty" as he was acting on instructions from an unknown person whom he had merely assumed was a Special Branch officer.
"But we never examined this so-called Special Branch officer or even confirmed if he exists," said Amer.
Amer also contended that the magistrate had failed to discuss the issue of mensrea (intent).
"It is not sufficient to show that hurt was caused, but the prosecution must also show there was an intent by the appellant to deter a public servant from doing his duties," he said.
Amer also told the court that the magistrate had taken into account a video clip evidence that was inadmissible.
He said the magistrate had assumed that the injury or bruise was caused by the appellant, but based on a doctor's testimony, there was nothing conclusive to show it was a bite mark.
He further submitted that the police officer had lied in his report and was therefore not credible.
In reply, Ishak submitted that the decision of the magistrate was based on the finding of facts.
"It is a learned judgment. Where in the evidence does it say that the SB directed the arrest of the accused?" he asked.
'Evidence overwhelming'
Ishak said the reason for Tian Chua's arrest, based on another policeman's testimony, was that he had refused to hand over his IC. Besides, he had also gone against a court order prohibiting anyone from going near Parliament.
"There was no point... to investigate who is this SB officer; his presence does not make any difference as the evidence against the appellant is overwhelming."
"On the issue of lawful duty, under the Police Act, all police officers are on duty 24 hours a day. Tian Chua's refusal to hand over his IC to the police officer gives (the latter) the power to detain him under the Police Act."
“It is our contention that the appellant had purposely refused to cooperate with the police; he had made up his mind before he left his house. He had instigated the police since he knew there were many reporters present."
In his submission, Ranjit said that based on the statements of witnesses, it can be inferred that Tian Chua was arrested on the instruction of the Special Branch.
He said that Tian Chua was on the list of persons whom the Special Branch wanted arrested.
"From the very start, they were out to nab the appellant."
Ranjit also said that based on the video, the complainant and Tian Chua were quite far away and "unless my client was a giraffe, he could have never bitten him".

PKFZ: Ong Tee Keat Dedah Orang Terlibat Masih Bebas

Dari Merdeka Review
Oleh Neo Chee Hua

Pasukan Khas yang ditubuhkan Kementerian Pengangkutan untuk menyiasat skandal Zon Bebas Pelabuhan Klang (PKFZ) mendapati bahawa wujudnya kes penipuan (fraud case) yang menelan RM 1.64 bilion dalam skandal PKFZ, dan orang yang terbabit masih bebas sehingga kini, tanpa dikenakan sebarang tindakan undang-undang.

Demikianlah pendedahan bekas Menteri Pengangkutan, Ong Tee Keat (gambar kanan) yang disingkirkan semasa kabinet dirombak pada 1 Jun 2010. Malah, Ong Tee Keat selanjutnya membongkarkan bahawa kontraktor utama PKFZ, Syarikat Kuala Dimensi Sdn Bhd (KDSB) yang dikuasai ahli parlimen Bintulu-BN, Tiong King Sing telah menuntut RM1.64 bilion daripada kerajaan sebelum projek ini dimulakan.

Sebanyak tujuh laporan disediakan oleh pasukan khas dan jawatankuasa yang ditubuhkan Kementerian Pengangkutan, dan kesemuanya masih belum didedahkan sehingga kini. Bagaimanapun, tiada kesimpulan dan tindakan susulan, termasuk mendakwa pihak yang terlibat dan menipu, setelah Pasukan Petugas Khas (Super Task Force) yang ditubuhkan kabinet mengambil alih tugas siasatan PKFZ ini. Malah, tiada perbincangan dalam kabinet berhubung laporan Pasukan Petugas Khas, menurut bekas Menteri Pengangkutan ini.

Seandainya dakwaan laporan pasukan khas oleh Kementerian Pengangkutan tersebut adalah benar, maka kerajaan harus mengambil tindakan yang sewajarnya untuk menuntut wang tersebut daripada pihak berkenaan, malah menghalang wang itu daripada mengalir ke dalam akaun kontraktor tersebut secara beransur-ansur, tegas Ong Tee Keat.

“Kesemua ini wang titik peluh rakyat,” tekan bekas Presiden MCA ini dalam satu wawancara bersama MerdekaReview pada 15 Jun 2010 di pejabatnya di Padan Jaya. Ini adalah kali pertama pegawai kerajaan terbabit tampil mengesahkan kandungan dalam tujuh laporan yang disediakan pasukan khas dan jawatankuasa yang ditubuhkan oleh Kementerian Pengangkutan.

Sebelum ini, The Straits Times yang mendakwa dirinya telah meneliti kandungan terperinci laporan tersebut mendedahkan bahawa beberapa orang pegawai kerajaan disenaraikan sebagai “possible conspirator”, antaranya bekas Menteri Pengangkutan Chan Kong Choy, Pengerusi Kelab Penyokong Kerajaan Barisan Nasional (BNBBC) Tiong King Sing (yang menguasai KDSB), bekas Pengurus Besar Lembaga Pelabuhan Klang (LPK), OC Phang, dan sesetengah pengarah dalam LPK. Namun demikian, antara nama yang tersenarai, hanya OC Phang (gambar kiri, wanita di kanan) yang didakwa ke mahkamah setakat ini.

Selain itu, Ketua Pegawai Operasi (COO) KDSB, Steven Abok; Pengurus projek, Law Jenn Dong dan Bernard Tan Seng Swee dari syarikat perunding BTA Architect turut didakwa atas tuduhan menipu, dengan angka yang terlibat RM122.267 juta dan RM5.41700 juta.

Namun, Ong Tee Keat mengesahkan bahawa beberapa orang disebut namanya dalam laporan pasukan khas oleh Kementerian Pengangkutan, dan “orang yang terbabit” semestinya lebih daripada empat orang yang didakwa di atas.

Selok belok siasatan PKFZ

Ketika ditemuramah MerdekaReview, Ong Tee Keat mengimbas selok belok penyiasatan skandal ini ketika beliau menerajui Kementerian Pengangkutan. Ong Tee Keat melantik badan bebas, PricewaterhouseCoopers (PWC) untuk menyiasat skandal PKFZ pada Oktober 2008, yang mana laporan auditnya diumumkan pada 28 Mei 2009.

Seterusnya, Ong Tee Keat (gambar kanan) menubuhkan sebuah pasukan khas dan dua jawatankuasa yang baru pada 10 Jun 2009. Pasukan khas ditugaskan untuk melanjutkan siasatan terhadap 20 penyelewengan yang disenaraikan dalam laporan audit PWC, satu jawatankuasa pula menumpukan siasatan terhadap keputusan yang dilakukan LPK dan penyelewengan yang tertunggak selama ini. Satu lagi jawatankuasa ditugaskan untuk menyediakan rancangan bagaimana PKFZ boleh dibangunkan semula.

“Saya memberi tempoh dua bulan kepada mereka untuk menyiapkan tugas ini. Selain satu jawatankuasa, dua daripadanya berjaya menyediakan laporan lengkap pada 10 Ogos, seperti yang ditetapkan. Pasukan khas dan jawatankuasa yang dianggotai elit daripada pelbagai bidang ini telah menyediakan tujuh laporan, dan saya cuma memberi satu kenyataan bertulis pada ketika itu.”

Ong Tee Keat menjelaskan, beliau tidak mendedahkan laporan ini kerana hasil siasatan ini bakal menjadi bukti penting untuk Jabatan Siasatan Jenayah Komersial dan Suruhanjaya Pencegah Rasuah Malaysia (SPRM). Setelah mendapat nasihat daripada peguam, Ong Tee Keat memilih untuk tidak mendedahkan laporan ini pada ketika itu, atas pertimbangan unit berkenaan belum membuka fail siasatan, dan beliau tidak mahu dirinya disaman.

20 penyelewengan

Bagaimanapun, beliau mendedahkan bahawa tujuh laporan tersebut menunjukkan bahawa terdapat maklumat yang cukup untuk membuktikan penipuan berlaku dalam skandal PKFZ. Kontraktor yang bertanggungjawab telah menuntut RM1.64 bilion daripada kerajaan sebelum projek bermula. Siasatan ini dilakukan berdasarkan 20 penyelewengan yang tersenarai dalam laporan audit PWC, dan angka penyelewengan mungkin lebih tinggi daripada laporan PWC.

“PWC cuma menyiasat dari segi akaun. Tetapi anggota pasukan khas dan jawatankuasa terdiri daripada ahli profesional, yang masak dengan selok belok dalam bidang ini. Mereka lebih mengetahui sama ada penyelewengan berlaku dalam bidang tersebut,” kata Ong Tee Keat.

Demikianlah 20 penyelewengan yang tersenarai dalam laporan siasatan PWC:

1. Cadangan pembelian tanah diluluskan oleh kabinet, tetapi cadangan pembangunan yang menyusul kemudian tidak dibentangkan dalam kabinet untuk mendapat kelulusan.

2. LPK tidak memberitahu kabinet dengan segera, bahawa LPK tidak mampu untuk menanggung kos projek pembangunan ini melalui self-funding.

3. Pengarah LPK tidak menjalankan tugas pemantauan, mengikuti perkembangan sama ada projek terlaksana sebagaimana yang dirancangkan.

4. Tiada rundingan untuk mendapatkan pandangan Peguam Negara, dan sesetengah peraturan daripada Kementerian Kewangan tidak dipatuhi.

5. Mungkin melibatkan konflik kepentingan, kerana sesetengah orang/unit yang terbabit mempunyai hubungan dengan tanah atau KDSB sebelum ini.

6. Faedah pinjaman yang dikenakan Kementerian Kewangan telah mengakibatkan kos PKFZ melonjak dari RM4.947 bilion kepada RM7.453 bilion. Kos akan melambung kepada RM12.453 bilion, melainkan pinjaman daripada Kementerian Kewangan ini dirombak semula.

7. Seandainya LPK mematuhi cadangan Kementerian Kewangan, dengan mengeluarkan bon jaminan kerajaan, dan melaksanakan pembangunan secara berperingkat, maka financing cost boleh dikurangkan.

8. Tanah ditukar tangan dengan harga istimewa yang lebih tinggi daripada harga pasaran.

9. KDSB mungkin mengenakan faedah yang berlebihan daripada LPK, antara RM51 juta hingga RM390 juta.

10. DA3 (Development Agreement) bukanlah satu kontrak dengan angka tetap, maka KDSB tidak boleh mengenakan kadar bayaran profesional yang tetap.

11. RM 95.256 juta dikutip daripada LPK sebagai kos asas, tetapi tidak disenaraikan dalam DA.

12. Akaun terakhir dalam DA3 tidak menolak bahagian yang mana tiga projek pembinaan yang belum disiapkan.

13. Belumpun plan diberi kata muktamad, kontrak yang bernilai RM1 bilion telah diberikan kepada KDSB.

14. LPK terlalu bergantung kepada KDSB, menyebabkan LPK tidak memperolehi rancangan projek yang memadai nilainya.

15. Pengurusan dan kawalan perancangan yang sangat lemah.

16. Hanya sebahagian bangunan memperolehi certificate of fitness, dan defect liability period telah berlalu.

17. LPK dijangka mengalami defisit tunai pada tahun 2012, dan gagal menjelaskan hutang daripada Kementerian Kewangan.

18. Surat sokongan yang dibenarkan Kementerian Kewangan mungkin ditafsir sebagai jaminan kerajaan bahawa LPK mampu menjelaskan hutang pada masa yang ditetapkan.

19. Kadar sewa PKFZ yang sebenarnya hanya 14%, pendapatan ini gagal mengimbangi perbelanjaannya dalam operasi.

20. PKFZ Sdn Bhd telah mengalami kerugian sebermulanya, dan fund pemegang sahamnya telah menjadi nilai negatif pada akhir September tahun 2008.

Laporan harus diumumkan

KDSB sebagai anak syarikat milik sepenuh Wijaya Baru Holdings Sdn Bhd (WBHSB) adalah kontraktor utama dalam projek PKFZ. Pengerusi Kelab Penyokong Kerajaan Barisan Nasional, Tiong King Sing (gambar kiri) adalah pemegang saham terbesar WBHSB dengan 70% saham dalam genggamannya. KDSB ditubuhkan pada 22 April 1994, dengan tujuan utamanya–PKFZ.

Bagaimanapun, setelah Super Task Force yang ditubuhkan kabinet mengambil alih tugas siasatan, tiada kesimpulan dibuat terhadap siasatan yang dilakukan Kementerian Pengangkutan, malah tiada tindakan susulan. Ong Tee Keat berkata, Super Task Force ini telah menyiapkan siasatan dalam masa enam bulan, tetapi laporannya tidak dibentangkan dalam mesyuarat kabinet sehingga 1 Jun 2010, dedah Ong Tee Keat yang tersingkir dari kabinet pada tarikh tersebut.

“Seandainya siasatan telah disiapkan, maka mereka (Super Task Force) harus mengumumkan hasilnya. Rakyat perlu tahu perkembangan siasatan ini. Selain itu, sekiranya hasil siasatan telah diperolehi, siapa pula yang perlu bertanggungjawab? 20 penyelewengan disenaraikan PWC, melibatkan orang kalau bukan wang. Kerajaan tidak mengambil tindakan susulan, misalnya siapa yang harus didakwa (di mahkamah),” katanya.

Perdana Menteri Najib Abdul Razak (gambar kanan) mengumumkan penubuhan Super Task Force yang diketuai oleh Ketua Setiausaha Negara, Mohamad Sidek Hassan untuk meneliti skandal PKFZ pada 9 September 2009. Antara skop yang dikaji termasuklah, pertama, adakah skandal ini melibatkan penyalahgunaan kuasa atau pelanggaran undang-undang negara; kedua, good governance dan ketiga, halatuju pembangunan PKFZ pada masa depan.

Pada ketika itu, Najib mendakwa bahawa Super Task Force ini akan mempertimbangkan laporan daripada pasukan khas dan jawatankuasa yang ditubuhkan Kementerian Pengangkutan sebelum ini, namun tiada sebarang pengumuman atau tindakan susulan sehingga hari ini.