Kugan verdict opens more cans of worms

Malaysiakini VOXPOP 'Who was the IO who allowed this beating to take place? One by one, every inch of meat on the satay stick has to be grilled and brought…

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Malaysiakini VOXPOP 'Who was the IO who allowed this beating to take place? One by one, every inch of meat on the satay stick has to be grilled and brought to justice."

Kugan case: Constable gets 3 years for 'causing hurt'

FellowMalaysian: A man died of multiple serious body wounds inflicted while under police custody in the police station. All blame went to one Indian police officer and he got three years. Where is the justice?

This is manslaughter and not petty theft. The sentence is totally inadequate. More important is why the other culprits have been let off without their defence called?

And the sentencing took three and a half years. Home Minister Hishammuddin Hussein, the PDRM (Royal Malaysian Police) and the judiciary have all shown that they are not capable of delivering justice and protecting the public.

Lim Chong Leong: The 1Malaysia constable is a scapegoat. How did one constable cause so much hurt on A Kugan's body? This is really a 1Malaysia sandiwara.

The real untold story is now left to speculation. My theory is it was a plot to silence Kugan from revealing who his underworld car-theft ring bosses were, so they killed him.

In 1Malaysia, it is the whistleblower who gets killed.

Jesmine: Three years' jail for causing death to someone's son, brother and friend? The courts have gone to the dogs in Bolehland.

Free And Fair Election: We have to look at the whole case like the meat on a satay stick. Now that the constable is charged, what about the pathologist who wrote in the report that Kugan had died because he had water in his lungs? Is writing a false report not a crime?

Who was the investigating officer who had allowed this beating to take place? Why is he not being charged?

One by one, every inch of meat on the satay stick has to be grilled and brought to justice.

Maplesyrup: If the constable is indeed guilty of causing hurt to the point that Kugan died, then the judge has failed the nation once again.

The guilty party is not an ordinary civilian, but a member of the PDRM (Royal Malaysian Police) charged with responsibility of protecting the citizens.

The sentence should run consecutively rather than concurrently to make the accused an example so others in the PDRM will think twice before doing the same.

If I remember correctly, the learned judge in Anwar Ibrahim's trials had also made the sentence run consecutively to invoke maximum damage.

Slumdog: What a disgusting and disgraceful act by Umno's police force and their judge, Aslam Zainuddin.

Regardless of what Kugan had allegedly done, the whole justice system has failed him and his family. The accused only received three years for murdering Kugan and just look at the sadness on his mother's face.

Odin: When you hear of a judgment like this, you cease to wonder why the police have the habit of assaulting defenceless people being detained. Let's not forget that the guilty officer, V Navindran, was previously acquitted of the offence in the initial trial.

Kit P: So it turns out the only person responsible for Kugan's death is one ethnic Indian constable. How very convenient.

Somehow I don't have the feeling that justice has been served. There is a lot more to Kugan's death which has been sidelined or buried deep.

Anonymous #08914894: Is this what you call justice? My foot.

This is just cheap ‘wayang kulit' to please the Indians and beg for votes in the coming GE. After the election, many more such cases as Kugan's will reappear.

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PM's future son-in-law accused of US$20mil swindle

 

(Malaysiakini) US court documents claim that Kazakh national Daniyar Nazarbayev, who is engaged to Prime Minister Najib Abdul Razak's daughter, is a veteran swindler.

Court documents filed in the…

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(Malaysiakini) US court documents claim that Kazakh national Daniyar Nazarbayev, who is engaged to Prime Minister Najib Abdul Razak's daughter, is a veteran swindler.

Court documents filed in the Manhattan Supreme Court claim that he conned his stepfather out of a US$20 million (RM62 million) condominium unit and gained entry to Columbia University using forged documents.

According to the New York Post today, court documents said Daniyar had forged documents to create the impression that he had graduated from a high school in Kazakhstan.
However, the newspaper's sources said, he went to a high school in Switzerland and did not complete his studies.

Columbia's records show that Daniyar is still on the alumni list and graduated in 2010. The New York Post reports that a Columbia spokersperson was contacted, but refused comment.
Suit filed by stepfather

The court documents were filed by Bolat Nazarbayev, the brother of Kazakh president Nursultan Nazarbayev and formerly Daniyar's stepfather.

Bolat is accusing Daniyar, 24, and his mother Maira (right) of taking advantage of his trust to swindle him of a Plaza Hotel condominium unit and two other multimillion-dollar apartments on Wall Street.

"The suit says Daniyar was supposed to put the apartment in his stepdad’s name but added his mom’s. About eight months later, she sold it to Daniyar for $1, court papers say," New York Post reported.
The newspaper said the court documents also show that Daniyar's real family name should be Kesikbayev and not Nazarbayev. The latter reportedly carries influence in Kazakhstan.

It is alleged that Maira had legally changed Daniyar's family name after marrying Bolat in 2001.
The marriage was annulled after Bolat allegedly found out that Maria was wanted by the authorities for "crimes including kidnapping and extortion".
Daniyar has apparently gone "missing".
The New York Post said Bolat's lawyers have tried to locate Daniyar in five countries, including Malaysia, where he is engaged to Najib's daughter Nooryana Najwa.

 

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Kugan death: Family alleges more are guilty

Indonesia: Twenty churches face demolition

Jakarta, 12 June (AKI/Jakarta Post) - Twenty churches in Indonesia's Aceh province have been closed down and are likely to be demolished by the local administration.

A lower house lawmaker…

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Jakarta, 12 June (AKI/Jakarta Post) - Twenty churches in Indonesia's Aceh province have been closed down and are likely to be demolished by the local administration.

A lower house lawmaker Eva K. Sundari said her human rights commission received complaints about the forced closure of 20 churches from the United North Sumatra Alliance on Monday.

The core of the problem is the contradictory regulations between the 2007 gubernatorial decree on the guidance of the construction of houses of worship and the 2006 joint ministerial decree governing the construction of houses of worship.

“Under the ministerial decree, a house of worship can only be built if it has secured the approval of 90 worshipers while the gubernatorial decree requires the approval of 150 worshippers,” Eva said Tuesday.

The ministerial decree also requires the approval of 60 local residents of different faiths.

Worse still, Eva said, was a local edict that forbade Muslims from approving the construction of houses of worship other than mosques, which made it impossible for the churches to fulfill the requirements.

Not only have new churches been forced to close but also the Pakpak Dairi Protestant Church, which was established in 1932, is likely to be demolished, she said.

“Guidance from the home minister is needed so that the local consultative forum and the police can be fair and neutral for all citizens and not bow down to intolerant groups,” she said.

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Burma declares emergency in unrest-hit state

A state of emergency was declared on Sunday in Burma's western Rakhine state, official media said, amid fears of further unrest following an eruption of deadly sectarian violence.

Buddhist monks…

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A state of emergency was declared on Sunday in Burma's western Rakhine state, official media said, amid fears of further unrest following an eruption of deadly sectarian violence.

Buddhist monks demonstrate at the Shwedagon pagoda in Rangoon

 

State television said an order had been signed into effect by President Thein Sein in response to clashes that saw hundreds of Buddhist villagers' homes set ablaze and left seven dead in rioting on Friday and Saturday.

The order was effective "until (a) further order", according to the report, which said it was "intended to restore security and stability to the people immediately".

"The unrest and terrorist acts have been increasing," it said.

The conflict threatens to undermine the reforms of Burma's new government, which took power last year following decades of outright military rule.

Rakhine state is named for its dominant, mostly Buddhist ethnic group but is also home to a large Muslim population including the Rohingya, a stateless people described by the UN as one of the world's most persecuted minorities.



The Burma government considers the Rohingya foreigners and not one of the nation's ethnic groups, while many citizens see them as them illegal immigrants and view them with hostility.

Source: AFP

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Two MIC CWC members planning to jump ship

According to party sources, the duo were overlooked in the candidates list for the 13th general election.

KUALA LUMPUR: With the 13th general election around corner, two MIC central working…

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According to party sources, the duo were overlooked in the candidates list for the 13th general election.

KUALA LUMPUR: With the 13th general election around corner, two MIC central working committee (CWC) members are planning to jump ship, party sources revealed today.

Speculation is rife that the two leaders were on the verge of leaving the largest Indian-based political party in the country, just before the general election is called.

A party source said that both the leaders from Selangor may cross over to PKR just before the polls.

“The rumour was not something new… it has become a popular topic among leaders and members in the last few weeks,” the source told FMT, refusing to name the two leaders.

“They were once strong supporters of MIC president G Palanivel… but they were overlooked in the party’s candidates list for the election. This is despite the president promising them seats in this election,” said the source.

The two leaders were said to have been expelled from the party by former supremo S Samy Vellu, but their membership was reinstated after Palanivel took the helm of the MIC.

The party insider claimed that Palanivel had promised a parliamentary seat to one of the two leaders despite the seat being held by a fellow MIC leader.

“He [the leader who is expected to jump ship] spent nearly RM500,000 in the constituency. But he found out recently that he will not be named as candidate for the seat. Even the prime minister has promised the seat to the incumbent… so there is no way the seat would be given to him.

“The chances of him jumping ship is very high. He still believes he can contest in the next general election but as an opposition candidate,” said the source.

He also said while one leader is waiting for the final list of candidates, the other has already made up his mind and would leave anytime soon.

“He [CWC member] is fed up with Palanivel’s style of administration. He believes that the president is giving priority to his supporters to hold positions in the party,” he added.

He said Palanivel’s favouritism was evident when a “particular Youth leader” was given priority over existing CWC members and even the Youth chief T Mohan.

“This Youth leader, who is a grandson of a prominent MIC veteran leader, should not be allowed to overrule other CWC members. As party chief, Palanivel should put the CWC members before others but this is not happening… his sidekicks are running the party and not the CWC members,” said the source.

Meanwhile, another party leader who did not want to be named said apart from the two leaders wanting to leave the party, there were others wanting to follow suit.

“The speculation about the two CWC members is just a trailer. The main show would be just before and after the general election,” he added.

“Party leaders and members are disappointed with the ‘silent’ president. At present, MIC is heading for disaster. To avoid going into oblivion, the party needs a vocal chief and not a mute,” he added.

MIC secretary-general S Murugesan, when contacted, denied such speculation existed.

“I have not heard anything about anyone leaving the party. I cannot comment based on rumours and speculation,” he said.

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Kugan’s family demands apology

Lawyer N Surendran says the government must finally own up to what he claims was 'plain murder' and subsequent 'systematic cover-up' of the case.
UPDATED

PETALING JAYA: The family of…

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Lawyer N Surendran says the government must finally own up to what he claims was 'plain murder' and subsequent 'systematic cover-up' of the case.
UPDATED

PETALING JAYA: The family of A Kugan wants the government to apologise for his death. The 22-year-old died in police custody three years ago after being held over his alleged involvement in a car theft syndicate.

PKR vice-president N Surendran, the lawyer representing the family, said the guilty verdict meted out against a constable for causing hurt to Kugan showed that the police were responsible for his death.

Yesterday, Constable V Navindran, 31, was found guilty on two counts of causing hurt to Kugan. Shah Alam Sessions Court judge Aslam Zainuddin sentenced him to three years’ jail on each count, to be served concurrently.

Aslam ruled that Navindran’s defence, which was that the latter was not in the interrogation room during the incident, was a bare denial.

Navindran was accused of two alternative counts of causing hurt to Kugan at the interrogation room of the Taipan police station in USJ, Subang Jaya, at 7am and 4pm on Jan 16, 2009. He was initially acquitted of the charges in January 2011, but the High Court later overturned the acquittal, and ordered him to enter his defence.

Surendran said the government must finally own up to what he claimed was “plain murder” and subsequent “systematic cover-up” of the case, which only led to the charging of a single constable when “more policemen of higher rank were involved”.

“The outcome and verdict yesterday were the culmination of three and half years of a systematic, deliberated, concerted, evil effort to cover up by the police, government and attorney-general,” he said.

“With the sentence, although much lesser than what we expected, it at least proves that the police are responsible for Kugan’s death. We ask for an apology for the murder and subsequent cover- up by the government,” he told reporters here.

‘Take back the accusations’

Surendran said until today, there had been no effort by the government to apologise and instead more accusations were levelled against Kugan.

“We also ask the government to take back those accusations that he is a criminal, robber and so on. No court has ever found him guilty of those alleged crimes. These things have caused the family so much pain,” he added.

Instead, the “biggest criminals”, said Surendran, were the “top leadership of the police”.

Also present at the press conference was Kugan’s mother N Indra. With tears flowing, she could only speak a few words when reporters approached her later.

“No point saying sorry now, if you ask for forgiveness after so long, I won’t know if it’s genuine. I just want those involved to be sentenced,” she said.

“He was a very hardworking boy. A mechanic, he fixed tyres. He never fell sick. I can’t believe that he became sick [and died]. It must have been the injuries,” added the 43-year-old woman.

Kugan’s aunt, S Renuga, 34, said: “We are not at all happy with the court’s decision. My nephew was tortured and three years is what he [Navindran] he got? We want him to be charged with murder. We cannot let this go. We want the government to say sorry. Why was the case originally classified murder? What about the other policemen involved?”

The family asked that investigations be re-opened on the Kugan case to find out, among others, who was the one who gave the instructions to torture Kugan.

Nationwide roadshow

Surendran said the case could only be resolved if there is a “serious and independent” investigation by a Royal Commission of Inquiry.

He also pointed out that the IPCMC (Independent Police Complaints and Misconduct Commission) is still non-existent.

“The inquiry must find out why the culprits are still free, how did such a torture happen, what sort of holes in the investigation procedures had caused someone to die this way. Most of all, we need a guideline that says that an internal inquiry is a must whenever such deaths occur.”

He said that PKR will continue to campaign for justice over what he described as “the nation’s worst murder in custody”.

He said that a nationwide roadshow would be held until the government meets the family’s demands.

Surendran listed the stages where the alleged cover-up occurred:

“First, when he [Kugan] was found, the report stated that he had suffered from breathing difficulties. There was no mention of any beatings eventhough it was clear from the graphic images that his body was crisscrossed with beating marks and not an inch was spared.”

“Second, the then Selangor police chief Khalid Abu Bakar [now the Deputy Inspector-General of Police] also stated that Kugan asked for water, collapsed and died. He later said that the water in lungs was the cause of [his] death. These were outright lies.”

” Third, the first post-mortem by Dr Abdul Karim Tajuddin [who was reprimanded by the Malaysian Medical Council for failing to conduct a proper examination and prepare an honest report] stated that the cause of death was pulmonary edema, which contradicted a second post-mortem carried out by Universiti Malaya Medical Centre pathologist Dr Prashant N Samberker, which stated blunt force trauma and kidney failure were the cause of death.”

“Fourth, the Attorney-General refused to prosecute anyone for nine months. And when someone was charged, it was for a small offence of causing hurt, despite the fact that he died.

“Fifth, the government subsequently attacked Kugan and his family, claiming that he was a car thief.”

“Sixth, only one person was charged. How could Kugan be systematically tortured by one person for six days without other policemen knowing it? It’s impossible.”

On Jan 14, 2009, Kugan, from Puchong, was arrested to facilitate investigations into a luxury car theft syndicate. Six days later, he was dead.

Family members and opposition politicians who stormed the mortuary found Kugan’s body riddled with severe lacerations. A video clip of this was uploaded on the Internet and sparked off national outrage.

The first post-mortem concluded that Kugan had died as a result of fluid accumulation in the lungs. Dissatisfied, the family commissioned a second post-mortem, which revealed that the deceased was burnt, beaten and starved during detention.

The case was then reclassified as murder and 11 rank-and-file policemen were transferred to desk duty at the Selangor police headquarters over this case. However, only Navindran was charged with Kugan’s death.

On Jan 13 this year, Kugan’s mother filed a civil suit against the government and four other individuals seeking seeking RM100 million in damages.

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BN and Pakatan wrestle over local polls

Local government elections? The BN federal government says 'no' but the Penang state government says 'yes'.

KUALA LUMPUR: Putrajaya has no intention of reviving local government elections, which Pakatan Rakyat…

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Local government elections? The BN federal government says 'no' but the Penang state government says 'yes'.

KUALA LUMPUR: Putrajaya has no intention of reviving local government elections, which Pakatan Rakyat says will give citizens a chance to choose their local councillors.

Minister of Housing and Local Government Chor Chee Heung told the Dewan Rakyat that local elections were a waste of money and manpower.

“As such, the Local Government Act 1976 has been amended and local government elections stopped through Section 15 of the Act.

“This was to enable local councils to focus their efforts towards a quality delivery of service to the communities under their jurisdiction,” he said.

He was responding to a query by Kelana Jaya MP (PKR) Loh Gwo Burne who asked about the setting up of local elections.

Local polls were suspended in 1965 after the Indonesian Confrontation. Despite a promise by then prime minister Tunku Abdul Rahman to revive them, this did not take place.

When the Local Government Act 1976 was gazetted, all provisions relating to local government elections became null and void.

In a previous Star report, Prime Minister Najib Tun Razak said that local elections would only cause more politicking.

Previously, Penang Chief Minister Lim Guan Eng said his administration had the power to appoint all 48 councillors in his state.

However, he said that he wanted to give Penangites the chance to elect them instead. (Holding local polls has been one of Pakatan’s 2008 general elections promises.)

Recently, Lim’s state government enacted a bill – Local Government Elections (Penang Island and Province Wellesley) Enactment Bill 2012 – which it said would get local polls up and running.

DAP MPs expected the bill to be gazetted in a matter of days.

Chor: Bill is invalid

In his speech today, Chor however attacked Penang’s attempt as “invalid”.


Citing Article 75 of the Federal Constitution, he said that if a state’s law was not in line with a federal law, the state law would be void.

With this, he said that Penang’s enactment went against Section 75 of the Local Government Act 1976, which nullified local polls.

“Furthermore, Penang’s move to approve the enactment without discussing with the National Council for Local Government (NCLG) is clearly contrary to Article 95A(6) of the Federal Constitution,” he added.

That particular Article stated that both the federal and state governments had to consult the NCLG with regard to proposed local government laws.

“In other words, even though local governments come under the power of the state government, any matter involving policy and laws are subject to the NCLG,” Chor said, adding that neither a state government nor local council could act alone.

He then advised Pakatan MPs to focus on improving local council services, instead of wanting local polls.

DAP: Only courts can decide



This sentiment was rubbished by Tanjong MP (DAP) Chow Kon Yeow, adding that it was the courts, and not the federal government, which could decide on the validity of Penang’s enactment.

He said that the Penang state government had sent a letter to the NCLG on July 13, 2009 on the matter, only to be rejected in the process.

The Election Commission (EC) also rejected Penang’s local polls request in a March 23, 2010 letter.

In a statement, Chow said: “Penang, through a gazette notification exempted all the local authorities within Penang from applying Section 15 of the Local Government Act.”

“This would result in Section 15 not being applicable in Penang and is the first step towards seeking a court declaration to compel the Election Commission to conduct local government elections.”

Speaking to reporters, Chow attacked the minister, saying that it was beyond Chor’s power to declare if local polls were valid or not.

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Abandoned by parents, abandoned by state

K Suriaakala, who is a 26-year-old Malaysian, only has a green temporary identity card. All she wants is a blue MyKad so that she can lead a normal life.

PETALING…

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K Suriaakala, who is a 26-year-old Malaysian, only has a green temporary identity card. All she wants is a blue MyKad so that she can lead a normal life.

PETALING JAYA: Abandoned by her parents when she was still a baby, K Suriaakala, 26, was not only deprived of a father and mother but was also left without proper documents.

Suriaakala said that all she wanted was to live a normal life in her own country. However, her repeated attempts to obtain a blue MyKad had been in vain.

Now Suriaakala holds a green identity card which only gives her “temporary identity” and it would expire by 2016. This status had also posed problems for her with regard to studying or finding a job.

“All I want to do is to work, any work will do, but nobody will take me,” she said, adding that she had only studied until Standard Two and was illiterate.

However, Suriaakala said she recently obtained a certificate for culinary and bakery from the YMCA (Young Women’s Christian Association).

Suriaakala said she had tried dozens of times to apply for a MyKad with the National Registration Department, the government’s MyDaftar programme and other methods but had always been rejected.

“They tell me that the problem was that my parents did not have a wedding certificate.

“They said that I needed to bring my parents. But my parents are gone. I do not know where they are,” she said, adding that she had a copy of her parents’ identity cards but it was not enough for the NRD.

“There was one time, when I was 24, when my father came home once. I asked him to help get me a MyKad, but when we went there, NRD said that we needed to bring my mother. I asked my father, but he told me ‘I don’t know where she is’. He said she has married someone else,” she added.

Asked if her father had told her the reason he abandoned her, Suriaakala said:” No, he never gave me any reason.”

Suriaakala, who was raised by her aunt M Periachi, 37, said her 15-year-old brother was also holding a green temporary identity card and she feared that he would suffer the same problems.

‘Grant her citizenship’

Meanwhile, PKR information committee member K Gunasekaran said that Suriaakala should be granted citizenship under Article 14 of the Federal Constitution.

“It’s very simple. She is not a foreigner. She is from Malaysia. She has all her other family members to prove it, so why is the NRD refusing to help?

“Just getting the identity of her grandfather, who is Malaysian, will be sufficient. Why is MIC’s MyDaftar such a failure since she went there three times without any results?” he asked.

He said that PKR would raise Suriaakala’s case with the NRD, and if all else failed, it would employ more “drastic” measures to get the authorities to help.

Alerted of the case by FMT, NRD public relations head Jainisah Mohd Noor said that the department would try its best to help Suriaakala.

“Usually our procedure requires us to have the proper documentation of the individual’s parents before we can issue a MyKad. For this case, allow us to check the details and we’ll see how we can best help her,” she said.

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Agent Mugilan and Kumar Amman Ditching MIC ?

June 12, 2012 -- “With the 13th general election around corner, two MIC central working committee (CWC) members are planning to jump ship, party sources revealed today”, according to FMT…

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June 12, 2012 -- “With the 13th general election around corner, two MIC central working committee (CWC) members are planning to jump ship, party sources revealed today”, according to FMT online news portal. FMT did not name the frogs but our sources point to Agent Mugilan and Kumar Amman.
Kumar Amman	Mugilan
Two MIC CWC members planning to jump ship
B Nantha Kumar,  | June 12, 2012, FMT According to party sources, the duo were overlooked in the candidates list for the 13th general election. KUALA LUMPUR: With the 13th general election around corner, two MIC central working committee (CWC) members are planning to jump ship, party sources revealed today. Speculation is rife that the two leaders were on the verge of leaving the largest Indian-based political party in the country, just before the general election is called. A party source said that both the leaders from Selangor may cross over to PKR just before the polls. “The rumour was not something new… it has become a popular topic among leaders and members in the last few weeks,” the source told FMT, refusing to name the two leaders. “They were once strong supporters of MIC president G Palanivel… but they were overlooked in the party’s candidates list for the election. This is despite the president promising them seats in this election,” said the source. The two leaders were said to have been expelled from the party by former supremo S Samy Vellu, but their membership was reinstated after Palanivel took the helm of the MIC. The party insider claimed that Palanivel had promised a parliamentary seat to one of the two leaders despite the seat being held by a fellow MIC leader. “He [the leader who is expected to jump ship] spent nearly RM500,000 in the constituency. But he found out recently that he will not be named as candidate for the seat. Even the prime minister has promised the seat to the incumbent… so there is no way the seat would be given to him. “The chances of him jumping ship is very high. He still believes he can contest in the next general election but as an opposition candidate,” said the source. He also said while one leader is waiting for the final list of candidates, the other has already made up his mind and would leave anytime soon. “He [CWC member] is fed up with Palanivel’s style of administration. He believes that the president is giving priority to his supporters to hold positions in the party,” he added. He said Palanivel’s favouritism was evident when a “particular Youth leader” was given priority over existing CWC members and even the Youth chief T Mohan. “This Youth leader, who is a grandson of a prominent MIC veteran leader, should not be allowed to overrule other CWC members. As party chief, Palanivel should put the CWC members before others but this is not happening… his sidekicks are running the party and not the CWC members,” said the source. Meanwhile, another party leader who did not want to be named said apart from the two leaders wanting to leave the party, there were others wanting to follow suit. “The speculation about the two CWC members is just a trailer. The main show would be just before and after the general election,” he added. “Party leaders and members are disappointed with the ‘silent’ president. At present, MIC is heading for disaster. To avoid going into oblivion, the party needs a vocal chief and not a mute,” he added. MIC secretary-general S Murugesan, when contacted, denied such speculation existed. “I have not heard anything about anyone leaving the party. I cannot comment based on rumours and speculation,” he said.

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Musa Aman – UBS AG Bank Faces Criminal Complaint In Switzerland EXCLUSIVE!

UBS AG Bank is drawn into Musa's mess

A complaint under Swiss criminal law has been lodged by lawyers against UBS AG bank.
It follows our devastating revelations about the…

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UBS AG Bank is drawn into Musa's mess

A complaint under Swiss criminal law has been lodged by lawyers against UBS AG bank.
It follows our devastating revelations about the bank’s involvement in the channelling of nearly a hundred million dollars of timber kickback money, linked to the Chief Minister of Sabah, Musa Aman.
We have demonstrated how the Hong Kong branch of UBS AG and its former ‘wealth management advisor’, Denis Chua, were involved managing every stage of an elaborate series of ‘layered’ accounts, which funnelled money from timber tycoons through a series of nominees, coordinated by Musa’s known “middleman” Chia Tien Foh (Michael Chia).
Yesterday, we showed how statements from UBS AG itself confirmed that money had been regularly drawn from a number of this web of accounts to meet the expenses of Musa’s two sons who were studying in Australia.  Some of these accounts were held in the name of Michael Chia himself and yet Musa has gone on the record claiming “I have no business association whatsoever with an individual named Michael Chia”.
Spotlight on UBS AG
The development turns the spotlight firmly onto Switzerland’s largest bank.
Assisting money-laundering is a criminal offence under Swiss law and it is also specifically contrary to the path-leading Wolfsberg Principles of which UBS AG was a proud founding signatory.  The Wolfsberg Anti-Money Laundering Principles for Private Banking were drawn up in Switzerland in 2000 under the auspices of Transparency International and UBS was one of eleven global banks who signed up to them.
The Wolfsberg Group website states:

“In early 2007, the Wolfsberg Group issued its Statement against Corruption, in close association with Transparency International and the Basel Institute on Governance…..Shortly thereafter, the Wolfsberg Group and The Clearing House Association LLC issued a statement endorsing measures to enhance the transparency of international wire transfers to promote the effectiveness of global anti-money laundering and anti-terrorist financing programmes”.

Musa's work - Monga Bay website photos of steep hillsides destroyed by Sabah logging

Sarawak Report now has in its possession evidence of numerous such international wire transfers relating to Musa Aman and his associates, which formed part of a Malaysia Anti Corruption Commission enquiry in 2008.
That enquiry recommended 40 charges be brought against Sabah’s Chief Minister for accepting tens of millions of dollars in kickbacks for issuing logging licences to timber cronies.
Many of these concessions were awarded in previously protected Reserve Forest regions and in areas marked out for international protection under the Heart of Borneo Treaty.
Others were on steep hillsides after contour maps had been deliberately distorted in the Forestry Department records, so that logging could be ‘legally’ permitted.
However, despite the evidence, the Attorney General, Abdul Gani Patail, Musa’s relative and political ally, has refused to allow the prosecution to go ahead.
The question now is why UBS AG, after all the information surrounding this case has failed to investigate or take action against possible money laundering through accounts linked to politically exposed persons in Sabah?
Basel connection

Wealth creation? Not for the vast majority of Sabah and Sarawak's indigenous peoples, who remain among the poorest in Malaysia

The complaint against UBS has been launched from the same Swiss City where the Wolfsberg Principles against international money-laundering were established.
The Swiss lawyer and compliance expert Monika Roth has launched the complaint to the public prosecutor on behalf of the Sarawak environmental and human rights NGO, the Bruno Manser Fund, which is also based in Basel.
The NGO believes the likelihood is that the bank will soon face criminal proceedings as a result:

“The Bruno Manser Fund accuses UBS of having breached its due diligence duties as defined by the Swiss Criminal Code and calls on Swiss authorities to take criminal action against UBS and those responsible for the bank’s relationship with Musa Aman. The Malaysian politician has been Chief Minister of Sabah since 2003 and is the brother of Malaysia’s Foreign Minister, Anifah Aman. He is being accused of having laundered over USD 90 million of corruption proceeds through a number of bank accounts with UBS in Hong Kong and Zurich. In April 2012, the Swiss Federal Office of Justice confirmed that Switzerland has given legal assistance to Hong Kong authorities over Musa’s ties with UBS”.[See full statement]

The NGO goes on to say that it has handed in numerous documents as evidence to the Zurich Public Prosecutor’s Office, which prove that Michael Chia, a close associate of the Sabah Chief Minister, organized large cash payments from timber companies with logging interests in Sabah to UBS bank accounts in Hong Kong.
It goes on to say that “from the same accounts, payments have been made to Musa Aman’s sons in Australia and to Mohd Daud Tampokong, a senior forestry official from Sabah”.
Beginning not the end of the affair
Musa Aman may have hoped that his denials and the assistance of his ally and relative Abdul Gani Patail could silence the investigation by Malaysia’s own corruption authorities.  However, now that the matter has been internationalised it looks likely that we have seen only the beginning of this affair.
The ball is now in the court of UBS AG, which has already indicated its concerns over the public perceptions resulting from this murky matter.

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Why race and religion? Why not quality of PM?

From Jackson Yee CS, FMT

Karpal Singh has been quoted saying, “As long as I live, I will continue to fight for a non-Malay to be prime minister”. The Malaysian…

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From Jackson Yee CS, FMT

Karpal Singh has been quoted saying, “As long as I live, I will continue to fight for a non-Malay to be prime minister”. The Malaysian Federal Constitution under Article 43 (2) (a), “the Yang di-Pertuan Agong shall first appoint as Prime Minister to preside over the Cabinet a member of the House of representatives who in his judgement is likely to command the confidence of the majority of the members of that House;…”.

Dr Kua Kia Soong has written a commentary with regards to the statement made by the learned historian, Prof Emeritus Khoo Kay Kim. Khoo claimed that Malays were the natives of Tanah Melayu, Malaysia’s name before independence, and that the Malays formed the majority in the country.

Needless to say, the supreme law of the land in Malaysia is Federal Constitution. The law does not set down any qualification on the race of the Prime Minister. The convention of being a Malaysian Prime Minister has been a Malay and Muslim male. However, as a political realist, and not a strict legal positivist, and as a non Malay Malaysian, I’m of the view that they were both right.

Legally, anyone could be the Prime Minister of Malaysia as long as he is Malaysian and commands the confidence of majority of the members of the Parliament. Politically speaking, only a Malay could be the Prime Minister, considering Khoo’s historical point of view as per the current situation in Malaysia.

The hard truth that we must accept is, either you are a non Malay or Malay. Malaysia consists of approximately 22 million population, of which more than 60% of the population is of Malay-Muslim race. The human primordial instinct in addition to the general lack of advanced, critical liberation of thoughts, owed to the aggravated factors post-Mahathirism period, would never allow himself to choose someone out of his race.

We, as a Malaysian have been strongly poisoned by the effect of racial and religious segregation in the public society. The main issue should be – what quality the next Prime Minister, if there is a successor of Prime Minister Najib Razak should possess and be able to gain the confidence of majority of the Malaysians?

In view of all the issues of race, religion, gender, sexual orientation, etc (factors to be discriminated upon an inborn cause), we, as a part of society, should have moved beyond this tribal instinct of categorisation when voting the Prime Minister.

There is a public duty for all eligible voters to be able to see through this and to choose only the capable, charismatic, confident, and upholds the rules of law, principle of justice, and common underlying values which enshrined through the unity of all the members of society.

I would urge the discussion on the qualification of Prime Minister move beyond race and religion and focus on the quality of a Prime Minister should possess.

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Beating the book banners at their own game

By Haris Ibrahim,
I dont agree with every point of view taken by Irshad Manji in her books.
Hence, I wish I had the opportunity to engage her in discourse…

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By Haris Ibrahim,
I dont agree with every point of view taken by Irshad Manji in her books.
Hence, I wish I had the opportunity to engage her in discourse on those view points the last she was here.
Kerismudin and JAWI, though, take the unintelligent and unislamic route.
Ban her writings.
There are at least 3 reasons for this.
The most obvi0us is that they are imbeciles, quite incapable of debating her.
Secondly, banning her books and other such like literature gives the impression the government is proactively defending the fundamentals of Islam, thus placating the Islam – as I say – ists in this country.
Most importantly, for the survival of UMNO elites, it helps to maintain the shackles on the minds of the Malay-Muslim community.
But we can beat them at this.

Someone got me a copy of this book.
Thoroughly enjoyed reading it.
And I’ve passed it on to someone else with a request to do the same once their done reading it.
Said I don’t want to get it back.
Let it just travel to as many readers as possible.
Each of you who is in possession of some book that these imbeciles have banned in the past can do your part.
Sort of like a mobile library of books that Kerismudin & gang would rather we don’t read.
Take a photocopy of the original if you want in case you need to refer to it again.
I did, and if I understand why Irshad writes as she does, I’m sure she wont begrudge us this.
In fact, I think she would applaud our efforts to get around the ban.
Next book going out from me?

This is a must read.
I’ll be handing it over to the Headmaster. Those who would like to read it will have to badger him to pass it on once he’s done.
And remember, I dont want it back.
Just keep it moving.
As for Keris and the buffoons at JAWI, this is for you. I could not think of anything more fitting.

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Najib Terdesak Tambah ‘Bom’ RM1.5juta

AG robs police of authority with CPC amendments

EXCLUSIVE Several high-profile criminal cases could well have been swept under the carpet on the instruction of the Attorney-General's Chambers.

This follows claims that amendments to the Criminal Procedure Code…

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EXCLUSIVE Several high-profile criminal cases could well have been swept under the carpet on the instruction of the Attorney-General's Chambers.

This follows claims that amendments to the Criminal Procedure Code (CPC) five years ago have strengthened the attorney-general's position in police investigations as his office can, at any time, demand the investigation papers of a case even if it has not been completed.

As a result, the AG's Chambers can at times be seen as influencing the direction of police investigations, something that has never before happened in the force.

Former Kuala Lumpur Criminal Investigation Department (CID) chief Mat Zain Ibrahim, who raised this controversial matter, said the amendments to the CPC passed by Parliament in 2006 and enacted since 2007, have resulted in the police force losing some of its independent investigation powers (see chart at the end of this report).

Before the amendments, Mat Zain said there was a clear demarcation of powers separating the duties of the AG's Chambers and the police.

"This is as far as the prosecution and investigation powers are concerned. Both parties have been comfortable with the separation of powers for decades, and there was no problem to this prior to the amendments."
The amendments, he lamented, have hammered yet another nail in the police force's coffin as a professional and independent institution.
Musa 'sold' police force to AG

Previously, he said, the public prosecutor would not be able to ask for police investigation papers (IPs) if a matter had yet to be completed and this was provided for in the law.

"Now, with the amendments to the CPC, the AG or his officers can summon for the investigation papers as quickly as after a (police) report has been lodged," Mat Zain told Malaysiakini.

More troubling, he said there had been instances when the IPs are not returned to the police, effectively holding up, or worse still, ending their investigation.

"I have made my stand on this issue known to the current inspector-general of police, Ismail Omar (right), and I asked him to ensure that the police get their powers back," said Mat Zain, who retired from the force a decade ago.

"I have also informed the home minister, the solicitor-general and the prime minister about my concerns as the police should be given a free hand to investigate, without any interference," he said.
Mat Zain, who investigated a number of high-profile cases before his retirement including the ‘black-eye' involving former deputy prime minister Anwar Ibrahim as well as former IGP Abdul Rahim Noor, said the amendments were to Sections 107 and 120 of the CPC.

The current Section 120 (2) of the CPC allows the AG or his officers to instruct the police investigating officer or the officer-in-charge of a police district to submit the IP without the need for approval from senior police officers, such as the state police chief or the CID director.

"This has never happened before prior to this amendment. At the time these amendments were drafted, former IGP Musa Hassan was deputy CID director, then promoted to CID director, then deputy IGP (DIGP) and these amendments was approved in 2006, when he was the DIGP. The amended CPC came to force in 2007, when Musa was the IGP.

"I maintain my position that the CPC amendments were made possible with Musa's total agreement. It is Musa who sold the police force to the AG, Abdul Gani Patail."

'I experienced such an episode'

Mat Zain said he himself had experienced this episode when he was the investigating officer in the black-eye case.

The AG's Chambers wrote him a letter on Feb 13, 1999, requesting the IPs on the case before the royal commission of inquiry (RCI) commenced as it (the AG's Chambers) received a letter on this matter from former IGP Abdul Rahim Noor's lawyers.

The letter was written by the chambers' head of prosecution Azahar Mohamed, who is now a Court of Appeal judge, who cited Section 120 of the Criminal Procedure Code. The RCI took place from Feb 22 to March 4, 1999.

"The AG had no power then to instruct any police officer to hand over IPs as and when he liked, as is practised today (after the CPC amendments), or to keep the papers as long as he wished after these are handed over to the chambers," Mat Zain said.

"I discussed the matter with then IGP Norian Mai, who supported me on the issue as there was no provision in the law for the police to hand over IPs to the AG's Chambers," he said, adding that he called Azahar to inform him of the decision.

The former top cop said the police force was very professional then, including its investigation on ex-boss Rahim (left), as at that time there was a internal battle between the police and the AG's Chambers to set the record straight. (More on this issue tomorrow)
"In those days, the IOs could challenge the DPP or for that matter questioned the AG if he refused to charge a person when there were ample evidence to do so gathered during their investigations.

"In the black-eye case, for instance, I even threatened Abdul Gani that I would lodge a report against him and the AG after the AG's Chambers declared the IP was never received by them, when in actual fact they have already signed the receipt for the IP. So much so, this ‘loss of IP' was even brought up in Parliament."

Nowadays, he said the IOs just accept whatever is decided by the AG.

Amendments aim to serve 'selfish' aims

Mat Zain said he could attest without any hesitation that the amendments to the CPC could have been due to the bitter experience of the AG's Chambers in dealing with the police, especially with investigation officers such as him.

"I can also say without any doubt that the CPC amendments were made mala fide (in bad faith) by Gani (far left) to serve his own selfish and evil purposes. This man is full of vengeance," he remarked.

He said the amendment to Section 107 of the CPC may appear to ensure speedy police investigations, but that section also empowers the AG to order the OCPDs (district police chiefs) to furnish the information demanded by the chambers.

"Put simply, the attorney-general can determine the direction of police investigations," Mat Zain added.

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Unfinished business of Bersih 3.0

Malay Mail (Used by permission)
by Terence Fernandez and Asrul Hadi Abdullah Sani

BERSIH co-chairman Datuk S. Ambiga tells Terence Fernandez and Asrul Hadi Abdullah Sani about the worrying trend…

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Malay Mail (Used by permission)
by Terence Fernandez and Asrul Hadi Abdullah Sani

BERSIH co-chairman Datuk S. Ambiga tells Terence Fernandez and Asrul Hadi Abdullah Sani about the worrying trend of political intimidation and rule of law in this conclusion of a two-part interview.  Part One appeared last Friday.

The Malay Mail: How much is the attack against you been based on racism and prejudice?

Datuk S. Ambiga: It is racist, sexist, you name it! It fits every bill.

TMM: Does it reflect how Malaysian politics have come down to?

Ambiga: This is part of the larger issue of political violence that really has to be addressed. But what they were trying to do was punish me.

What is horrendous is that they can say and do anything. They can insult my religion, my ethnicity, they can say and do anything and get away with it.

And they only do it because they know they can get away with it. They can do it at my door-step and that to me is horrendous. Whoever says that this is a peaceful assembly is completely wrong. Peaceful assemblies are held at public places. This is not a public place so the deputy inspectorgeneral of Police set a very bad example by saying there is no offence. I can name many offences, starting with criminal intimidation.

I was under siege in my own home! I was shocked to see Mat Rempit. Do they think this is acceptable to do to a person in their own home?

TMM: The authorities could have done more to protect your neighbourhood?

Ambiga: I am not blaming the cops and City Hall officers on the ground who did a good job. I am blaming those that gave the orders because they really could have prevented this from happening, but they deliberately did not want to.

I want to know if this happened outside the prime minister’s house, would they have allowed it to escalate to this stage?

My quarrel is with those in authority because they could have nipped it in the bud instead of making statements like “there is no offence”.

They allowed it to escalate to a point where this area became a war zone. Is that fair to the neighbours? Is this the kind of Malaysia you want? Is this is the kind of Malaysia you want to create?

TMM: Who do you think gave the orders?

Ambiga: Well, ultimately who takes responsibility? It should be the top cops and ultimately the home minister. But there is not even a single comment in respect to this.

What does that tell you? And it is not the first time this has happened. It is the same response to the political violence that took place in Lembah Pantai and Johor.

Same type of lack of response and it is very irresponsible. The people have to teach our leaders what it means to have a sense of decency. People have shown so many signs of support. I had flowers, people just turning up to show support.

So I am afraid standards in society are not coming from those at the top. They are not setting the right standards for the society. It is coming from the people.

TMM: Despite the condemnation by MCA and Umno secretary-general Tengku Adnan Tengku Mansor, do you feel it is a case of double talk?

Ambiga: It came all too late. They started panicking when they realised that people on the ground were not happy and they don’t like racist attacks.

In Malacca for example, they adulterated my name and they put the word babi (pig) inside.

As you know, my name is a name of a Goddess. So I am sorry, but those sorts of things you have got to come out immediately and respond. Still those in charge acted like it had never happened.

I have decided that it is really for the people to judge and it really has to translate to votes. What they have done is that they have outsourced their thuggery to others and I am confident in saying that because of their lack of reaction.

TMM: So you don’t think Barisan Nasional has succeeded in shifting focus from Bersih?

Ambiga: The more they attack me, the more Bersih is in the news every day. If they don’t want Bersih to be in the news, they should stop talking about us. They should stop this sort of things. To me actually, it is keeping Bersih on the front page which is a good thing because when you say Bersih it is eight demands. So even when you attack Bersih, it is talked about every day. So they have done us a favour.

TMM: Is there going to be a Bersih 4.0?

Ambiga: We haven’t decided yet because there is a lot of unfinished business with Bersih 3.0, one of which is getting justice for those who were injured. That is top priority.

We are collecting all the information for the Suhakam inquiry and assisting everybody with medical aid. The other priority is helping those who the government is gunning for. They are going after some of these participants. We have concerns for them because one of them has reported they had been beaten up while in police custody.

The other priority is a twopronged approach to the elections, which is voter education — encouraging voters to come out and vote through our popular “Jom 100” campaign.

The second is, working with Tindak Malaysia and NGOs in voter education in relation to polling day.

We also have a “Jom Pantau” campaign where members of the public become election observers themselves. So that if they see in the run-up to elections, for example, that posters are being put up when it shouldn’t be happening, they will take pictures and send it to a website. We are training the public so they know what to look out for.

TMM: Are you happy with the Independent Panel headed by former inspectorgeneral of police Tun Hanif Omar?

Ambiga: Why must you get a former police chief? Isn’t there anyone else?

TMM: But Hanif is known as a no-nonsense cop. In fact, the police force started deteriorating after his retirement.

Ambiga: Yes, but the fact that he made adverse remarks about Bersih disqualifies him! This is what I am saying, all these panels of inquiry is a mere reaction … a pathetic attempt at damage control.

TMM: One accusations that have been against Bersih is that you have yet to engage the Election Commission.

Ambiga: We want them to resign. We don’t want to talk to people who we think should not be there. There is nothing to engage. We have engaged them before and it is a waste of time.

You see, there is also an issue of them being Umno members which have been swept under the carpet. There is no total disclosure on when they joined and left. Don’t forget there is the old Umno and new Umno so that filing of the form took place in the old Umno, what about the new Umno?

So for me there is no full and frank disclosure on that issue in relation to the truth and everybody is just not talking about it.

Whatever it is, let’s have the record. Surely, (Datuk Seri) Nazri Aziz saying that the chairman is no more a member is not good enough. When was he a member? There is a real issue. So I don’t think there is any point any more at all because look at the comments they make about Bersih.

Look at how they attacked the Opposition? Does that immediately tell you that they are not independent? They have shown very clearly where their loyalties lie. So my own view is that it’s a waste of time.

TMM: What is your suggestion for the EC? Complete overhaul?

Ambiga: Yes. The constitution says that the Agong should appoint members of the EC that enjoy public confidence.

This latest survey shows that they do not enjoy public confidence. So how do you go into an election when the public have doubts about the integrity of the system?

I think it is Bangladesh that delayed the polls until the whole electoral roll was cleaned up. We suggested an independent panel after Bersih 2.0. We said bi-partisan, all of us work hard to clean up the electoral roll. They refused.

They don’t want to do it, why? My issue is this, if you have nothing to hide, why are you so against an independent panel looking at the electoral roll?

If you have confidence in your system, bring in the foreign observers. Bring them in now and not only during the elections!

TMM: The EC keeps harping on the fact if they are not independent, BN would not have lost five states.

Ambiga: I think the Opposition won despite the flawed process! For me, it is not about Opposition winning or BN winning. I don’t care who wins as long as it is through a fair and clean process.

TMM: What are your views on party hopping?

Ambiga: To me actually, the best thing to do is to resign and face the electorate again but there is a problem with that because under the federal constitution once you resign you can’t face re-election for a while. That is why people are hopping. Ideally, they should be removed.

TMM: You have repeatedly apologise to the future generations.

Ambiga: I didn’t do enough to fight the rot that was setting in which is the result of what we are seeing today. We should have stood up to corruption and abuse of power much earlier. I think we have failed our next generation because it is the responsibility of everyone to make sure that things go right.

TMM: Is that what you tell yourself when you look at the mirror every day? When you ask “why am I doing this?”

Ambiga: Yes (laughter). “Why me?” I have asked myself that question many times, but it is just circumstance really. But Bersih now represents much more to a lot of people.

It really empowered the people and I think they have risen above so many divides; racial divides, religious divides. It’s been very empowering to the people and I can see that when I am under attack, immediately people rally around. Unbelievable.

People have offered to pay for my security system. I have had to stop people coming. I didn’t ask for it. It is just happening and if they, the leaders, don’t read the ground, hey are making a big mistake.

TMM: How long are you going to lead Bersih?

Ambiga: I don’t believe in staying in a place too long. I always think that we have to set the example for other leaders to come out. We have to vacate so that the rejuvenation keeps taking place.

You see this is a bottom-up movement. If leaders just stay there and carry on, it won’t work. he process will require us, the steering committee to step down and at the right moment, new group will take over.

TMM: Has the threats against you hastened your wish to step down?

Ambiga: Not because of the attacks but we have always believed in succession.

But I am human. Of course, I have had moments but you shake it off because you then see the support that you have. It is just plain wrong to give in to intimidation. We will all step down when we want to, not because other people want us to.

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Professionals Are Opinion Makers Contributing To Nation Building - Najib

PUTRAJAYA, June 12 (Bernama) - Prime Minister Datuk Seri Najib Tun Razak today said professionals are opinion makers who contribute towards the nation building process and lead Malaysia in making…

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PUTRAJAYA, June 12 (Bernama) - Prime Minister Datuk Seri Najib Tun Razak today said professionals are opinion makers who contribute towards the nation building process and lead Malaysia in making its vision a reality.

He said professionals were also highly sought after opinion leaders in the society and country.

"The very nature of that unique position that you occupy can render you to be pivotal in getting people to support, appreciate and understand support and commit themselves in ensuring (that) the vision of Malaysia becomes a reality," he said at the National Launch of Professional Forum (ProF) at his official residence, Seri Perdana, here Tuesday.

Also present were the President of the Malaysian Professional Centre (BIM) John S.C. Loh and about 300 members of BIM.

Najib, who is also the patron of BIM, said the professionals were testimony to Malaysia's success story.

"This does not happen by accident. You are clever people, no doubt about it, but even clever people needs help as well and you know that you cannot succeed on your own. The government too cannot succeed without your support.

"That's why I need your support," he said.

Meanwhile, Najib, who is also the Finance Minister, said the government would consider BIM's proposals, including the removal of service tax of six percent payable by clients who use professional services and the set-up of a revolving fund to provide soft loans.

"Those are the things I can't decide in a tea function (like this)... During the budget, I can consider so that professionals in this country can prosper," he said.

Najib said the government's Economic Transformation Programme (ETP), Government Transformation Programme (GTP), Political Transformation Programme (PTP) and Rural Transformation Programme (RTP) would benefit the people and the professional groups.

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Missing in action?

Court papers allege that Daniyar Nazarbayev, the step-nephew of Kazak President Nursultan Nazarbayev, conned his way into Columbia University in New York, the Washington-based United Press International has reported.
 …

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Court papers allege that Daniyar Nazarbayev, the step-nephew of Kazak President Nursultan Nazarbayev, conned his way into Columbia University in New York, the Washington-based United Press International has reported.
 
Citing the New York Post, the UPI report can be found here here.

Meanwhile, the Daily Mail of the UK has a few interesting photos of the personalities involved.
And check out this 10-year-old’s birthday party, as reported in the Luxury Travel Magazine.

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