Eight things to know about the Sabah RCI

Some call it Project IC, some call it Project M, whatever the name, here is what we have learnt from the royal commission of inquiry on immigrants in Sabah, in particular, the covert operations that allowed foreigners to vote in the bid to topple the PBS-led Sabah government.

1. There were at least two such black operations

G17 (or Group of 17)

Ring leader: Former Sabah National Registration Department (NRD) chief Abdul Rauf Sani (1990-1992)

Known figures involved: NRD officers Kee Dzulkifly Kee Abdul Jalil, Yakup Damsah, Asli Sidup

Political figures implicated: Then premier Dr Mahathir Mohamad's political secretary Aziz Shamsuddin

Time period: 1990 onwards

Modus operandi

Sabah NRD officers were flown to Sabah to process some 40,000 to 100,000 blue identity cards for immigrants. This was necessary as at that time, the identity cards' details and signature were done by hand.

After the details had been written on the cards as per the application forms furnished to the officers, they were dispatched to the then NRD headquarters in Petaling Jaya to be laminated before being returned to Kota Kinabalu.

The officers testified that they did not question the application forms or their origin, but merely filled them up for the blue identity cards as they were.

They claimed to have operated from Aziz Shamsudin's house in Kampung Pandan. Asli Sidup described being flown in to Kuala Lumpur for this as an "unusual practice".

Another officer, Kee Dzulkifly Kee Abdul Jalil - who had described the operation as 'G17' and locally based in the Sabah NRD headquarters in Kota Kinabalu - said they also issued some 200,000 birth certificates to immigrants.

This document is important for future application of blue identity cards. The operation was tagged G17 as it consisted of 17 members.

Head of operations Abdul Rauf Sani had confirmed the testimonies, but denied the use of the 'G17' name. He claimed to have acted alone.

All known personalities involved were eventually detained under the Internal Security Act (ISA) for at least two years.

The only exception was Abdul Rauf, who was detained under ISA for two months, followed by five months of restricted residence.

He is now the chief executive officer of the Totalisator Board of Malaysia under the Finance Ministry.

Ops Durian Buruk

Ring leader: Former Sabah NRD chief Ramli Kamarudin (1993-1995)

Known figures involved: Former Sabah NRD deputy chief Mohd Nasir Sugip, NRD officer Asli Sidup (also involved in G17), former Sabah Election Commission (EC) chief Wan Ahmad Wan Yusof

Political figures implicated: Former Sabah chief minister Osu Sukam, former deputy home minister Megat Junid Megat Ayub

Time period: Late 1993 onwards

Modus operandi

According to RCI testimonies, the Sabah EC furnished the state NRD with legitimate voter information, including names and identity card numbers of registered voters who had never voted before or are dead.

The NRD then issues an identity card receipt to immigrants using this information.

According to electoral rules, this receipt, an interim document given prior to the issuance of an actual blue identity card, is sufficient to allow a person to vote, and in this case, for immigrants to vote.

These ‘phantom voters' are then planted into marginal constituencies deemed as black zones for the BN, according to witness testimonies.

Chief of operations Ramli Kamarudin said he executed this project after personally receiving instructions at a meeting with former deputy home minister, the late Megat Junid Megat Ayub, at the Hyatt Hotel, Kota Kinabalu.

Also present at the meeting were NRD officer Asli Sidup and Osu Sukam, who went on to become Sabah chief minister in 1999.

2. Illegal granting of citizenship began as early as 1988

Even though two operations in the 1990s have been mentioned to have taken place during the course of the RCI hearing, witnesses who were beneficiaries of such citizenship-for-votes operations indicate that they began in the late 1980s.

One such case was that of Mohamed Hussein, a Pakistani citizen who arrived in Sabah in 1987 and offered a blue identity card the following year.

3. Highly motivated to vote

Almost all the immigrants-turned-citizens testified they registered as voters immediately after receiving their blue identity cards.

Puzzled at their unrivaled urge to vote even compared to natural citizens, civil society lawyers holding a watching brief at the RCI had grilled the witnesses, but all of them claim to have done so of their own volition.

They claimed to have personally gone to the state EC to register as voters.

4. National Security Council's fingerprints all over

The prime movers of at least two known operations, namely G17 and Ops Durian Buruk were formerly officers of the National Security Council (NSC) under the Prime Minister's Department.

Abdul Rauf Sani was transferred from the NSC in 1990 to helm Sabah NRD, the same time when G17 started.

In 1992, he returned to the NSC to work with its intelligence division.

Abdul Rauf's successor, Ramli Kamarudin, too, was transferred from the NSC in 1993 to head the Sabah NRD and shortly before Ops Durian Burok began.

Ramli said he was "ordered" to go to Sabah to help support the creation of a state government that would be "favourable to Islam".

5. Kemas and unnamed political party also implicated

Aside from the NRD and Sabah EC that were implicated, the federal government's Community Development Department (Kemas) was also fingered during the RCI.

NRD officer Asli Sidup, who was involved in both operations, had said that aside from Sabah EC, Kemas and an unnamed political party were responsible for furnishing NRD with names of registered voters who had never voted for the issuance of blue identity card receipts to immigrants under Ops Durian Buruk.

6. RCI isn't particularly interested on who gave the orders

The three RCI conducting officers are Manoj Kurup, Azmi Ariffin and Jamil Aripin who are tasked to question witnesses during the hearing.

Ten police officers and members of the Malaysian Anti Corruption Commission (MACC) had also been appointed for the RCI's investigation - the same people who had interviewed the witnesses before taking the stand.

Based on what the witnesses had testified and their statements from the interview to date, the investigation appears to be fairly independent but it is unclear if key parts of the 'Project IC' will come to light, particularly on who gave the orders as it is not part of the RCI terms of reference.

Therefore, the conducting officers did not pursue this line of questioning.

An example was when Abdul Rauf Sani was quizzed about G17, the conducting officer Azmi Ariffin had only sought to confirm that they had operated at the residence of Mahathir's political secretary Aziz Shamsuddin but did not go beyond this.

In contrast, watching brief lawyer James Sikayun had grilled Abdul Rauf on why he was at Aziz's residence and whether he had receive instructions from higher ups, but answers were not forthcoming.

Civil society lawyers holding a watching brief are allowed to question the witnesses and they will likely play a role in pushing the limits of the RCI's terms of reference for more information.

The RCI is confined by eight terms of reference:

1) To determine number of immigrants granted blue identity cards;

2) To determine number of immigrants granted blue identity card due to statelessness;

3) To investigate whether this was done legally;

4) To investigate if immigrants holding blue identity cards were illegally registered in the electoral roll;

5) To investigate the standard operating procedures (SOP) for issuance of blue identity card and recommend improvements;

6) To probe if the authorities had taken action or done improvements to the SOP to prevent infringement of the law;

7) To investigate reason behind the increase in Sabah's population and their impact on the electoral roll; and,

8) To investigate the social implications of granting citizenship to immigrants in the state.

7. Conducting officers aren't fans of the media

Often times witnesses are questioned based solely on their statements given during their interview prior to taking the stand.

They are asked to agree or disagree as the statement is read out which could contain names implicated by witnesses or several set of figures.

However, unlike previous royal commissions of inquiry such as the one on Teoh Beng Hock's death, conducting officers are much less forthcoming in providing information and clarification.

8. Context matters

The Project IC apparently began following a political shift in Sabah in which Parti Bersatu Sabah (PBS) swept to power in 1985, ousting the BN for the very first time.

However, PBS joined BN a year later after riots broke out in relation to the election results which destabilised the state government.

During this period, according to testimonies, there appear to be some cases of immigrants being illegally granted citizenship.

However, this operation went into full swing - in the form of G17 and Ops Durian Buruk - after PBS left the BN in 1990, days before the state election.

In that election, PBS won 36 out of 48 seats in the state assembly. PBS then led by Joseph Pairin Kittingan, was perceived to be a Christian party.

By the 1994 state election held on Feb 18 and 19, the PBS majority was slashed to two - it had 25 seats against BN's 23.

Despite the victory, Joseph Pairin had to wait outside the state palace for some 36 hours before finally being sworn in by the governor.

The delay was supposedly due to manoeuvring to oust the now fragile incumbent through defections, in which then deputy prime minister Anwar Ibrahim played a key role.

Nevertheless, the PBS government lasted another two weeks before collapsing as a majority of its elected representatives defected to BN.

The defectors included Bernard Dompok, Lajim Ukin, and the chief minister's own brother, Jeffrey Pairin Kittingan.

With the mass defections, the PBS was left with only three elected representatives, namely Joseph Pairin, Maximus Ongkili and Amir Kahar Mustapha.

Joseph Pairin attempted to dissolve the state assembly, but this was denied by the governor. He eventually tendered his resignation as chief minister on March 24, 1994.

RCI resumes tomorrow

The RCI will reconvene its public hearing in Kota Kinabalu tomorrow until Friday, with a third session scheduled for Feb 22 to 27.

A total of 29 witnesses had testified in the first five-day session which concluded on Jan 18. The RCI had officially announced that a total of 48 witnesses would be called.

However, Prime Minister Najib Abdul Razak had revealed that there would be a total of 167 witnesses.

Iran Sentences Christian Pastor Saeed Abedini to Eight Years in Prison for Evangelism

Pastor Saeed Abedini is in prison for starting house churches in Iran several years ago. We see the results of Sharia every day. Yet if we say, "Such laws must never be enforced in the West," we are immediately labeled racist, Islamophobic, hate-mongering bigots. Is Pastor Abedini a "racist" for thinking that Sharia is a threat to his rights and safety?

FoxNews--Christian pastor Saeed Abedini, an American imprisoned in Iran on charges of evangelizing, was sentenced this morning to eight years in prison.

According to the American Center for Law and Justice, Abedini was verbally sentenced in Tehran by Judge Pir-Abassi, known as the “hanging judge,” to eight years in prison for threatening the national security of Iran through his leadership in Christian house churches. He will serve the time in Iran’s notorious Evin Prison, known as one of the most brutal.

The evidence, the ACLJ reports, was based on Abedini’s activities primarily during the early 2000s, when house churches were not considered a threat in Iran.(Continue Reading.)

Ancient Timbuktu Manuscripts, 1 in Hebrew, Torched by Islamists

The historic manuscripts of Timbuktu, including one written in Hebrew, are no more. They were destroyed

by Islamic terrorists in the African nation of Mali.

The radical Islamist terrorists attempting to overthrow the Malian government torched the South African-funded Ahmed Baba Institute where the documents were kept as they fled the ancient city of Timbuktu, Mayor Halle Ousmane Cisse told reporters Monday.

The library, which contained thousands of priceless manuscripts from ancient times, was put to the torch as the rebels fled the French and Malian troops who were closing in on the Saharan city.

At least one of the manuscripts, buried beneath the sand or in cave for centuries in wooden trunks and boxes, was written in Hebrew. Another was written in Turkish, according to Seydo Traore, a researcher at the institute where the manuscripts were kept.

Most were written in Arabic, and some were written in African languages. They covered women’s rights, medicine, music, poetry, geography, history, religion and even astronomy, dating as far back as the year 1204. Researchers had managed to digitize only a small percentage of the manuscripts.

“The rebels set fire to the newly-built Ahmed Baba Institute, built by the South Africans,” lamented Cisse, who said in a telephone call to The Guardian that he heard about the destruction from his communications director, who had traveled south from Bamako a day earlier.

Cisse said that on Saturday the Al Qaeda-linked terrorists had shot to death a man who was celebrating the arrival of the French military forces. They also set fire to the governor’s office and the town hall, as well as the two museum buildings where the manuscripts were being kept.

Since Islamist terrorists seized control of Mali's north following a military coup in March 2012, the country has been convulsed by conflict. Its singers and players, who have won worldwide acclaim, have been targeted by the radical Islamists bent on imposing Shari'a, or Islamic law. Concerts have been banned in northern cities, clubs closed, instruments smashed and burned, musicians harassed and forced to flee. The terrorists, who are determined to control the entire country, did what they could to leave little of value for French and Malian forces to save following their destruction of the priceless artifacts in Timbuktu.

French troops and the Malian army reached the gates of the ancient city shortly after, and secured its airport, but were too late to save the sub-Saharan leather-bound medieval manuscripts.

Outraged and heartbroken, Cisse told The Guardian,“The manuscripts were a part not only of Mali’s heritage, but the world’s heritage. By destroying them they threaten the world. We have to kill all of the rebels in the north.”

It was not immediately clear whether any of the manuscripts had survived the destruction.

Penang bishop meets Nik Aziz in bid to douse bible-burning flames

The priest said Ibrahim and Perkasa’s provocations were not the model behaviour needed by Malaysia. — File pic

KUALA LUMPUR, Jan 28 ― Catholic Bishop Sebastian Francis paid an unscheduled visit to Datuk Nik Abdul Aziz Nik Mat on the PAS leader’s 82nd birthday yesterday in Penang, Harakah Daily reported today, in what is seen as a bid to douse potential religious fires between Muslims and Christians amid the “Allah” storm.

The senior clergyman in charge of Penang was reported by the PAS news site to have said that the country needed to emulate the example set by the Islamist party’s spiritual advisor and not the provocative sentiment shown by right-wing Malay lawmaker Datuk Ibrahim Ali or the latter’s supporters.

Sebastian was also reported to have gifted Nik Aziz a birthday cake to mark their first meeting.

An Anglican priest in Penang lodged a police report last Tuesday over the alleged distribution of anonymous pamphlets advertising a bible-burning festival in Butterworth, supposedly to take place yesterday.

Ibrahim, an Independent MP for Pasir Mas, had sparked a firestorm of protests from church leaders and non-Muslim groups last week when he threatened to burn copies of Malay language bibles.

Politicians and local clergymen had lashed out at the fiery Malay right-wing leader for allegedly stoking religious hatred and driving a deeper wedge between the country’s two most dominant religious communities.

The Malaysian Islamic Development Department (JAKIM) also upset church leaders with its sermon on Friday, in which it warned Muslims nationwide of “enemies of Islam” that would try to confuse them into believing that all religions share the same god.

Muslim and Christian leaders here have been at loggerheads over use of the Arabic word “Allah”, with the former claiming that it refers exclusively to the Islamic God.

A church was firebombed after the Kuala Lumpur High Court ruled in 2009 that Muslims did not have an exclusive right to the word “Allah”.

Debate resurfaced last month after DAP secretary-general Lim Guan Eng, who is also the Penang chief minister, called on Putrajaya to lift a ban on Malay-language bibles in Borneo Malaysia.

A Sabah church group said last Friday that the religious freedom of Christian Bumiputeras was under attack, pointing out that most adherents of the faith in Malaysia came from East Malaysia and use the Malay language.

A Buddhist group urged today the National Unity and Integration Department, which is under the purview of the Prime Minister’s Department, to resolve the drawn-out dispute over the usage of “Allah”.

Police to quiz William’s parents again

Subang police chief says old wounds found on the body could have either been a result of hyperactivity or abuse.
UPDATED

SUBANG JAYA: The parents of six-year-old William Yau Zhen Zhong are to be subjected to another round of interviews after a post-mortem report revealed that the boy had old wounds on his body.

According to Subang Jaya police chief Yahaya Ramli, the report which was released two days ago, noted old external injuries on the remains, but could not ascertain the cause of death due to the highly decomposed state of body.

“There could only be two possibilities, either the boy was hyperactive, or he might have been abused before. We are investigating all angles. So far we have yet to identify any suspect,” he told a press conference at Subang police headquarter today.

Yahaya said the couple’s seven-year-old son would also be interviewed with the assistance of Bukit Aman’s child unit soon.

He said, so far, more than 30 individuals have had their statements recorded to facilitate investigations into William’s death.

William’s father, Yau Kok Kang, 32, had vehemently denied that he had abused his child and challenged those who hurled the accusations to lodge police report against him.

Today, China Press frontpaged relatives’ claims that William had scars on his forehead, hand, leg, eye and buttock when they last met the boy last year.

The boy went missing on Jan 16 in Jalan Putra Mahkota, Putra Heights, Subang Jaya, after he came out from the family car to look for his parents over his crying sibling.

It sparked a nationwide search as thousands of leaflets were distributed through various channels to the public.

DNA results confirm boy is William

On Friday, police found a body floating at a jetty near Klang. The parents later identified the body as William through scars on the back of the head and forehead.

Yahaya today confirmed the Malacca police had met with William’s relatives yesterday over claims that they have witnessed the boy being abused before.

However, he said the police have not uncovered any old report/s in their archives on the alleged abuse.

On accusations that William’s father had been consulting a shaman over his perceived bad luck brought by little William, he said the police would interview the shaman for details.

“We will not leave any stone unturned to get to the bottom of the matter,” he said.

The preliminary DNA results released today confirmed that the body found in the river was little William as bone and hair taken for tests matched the parents’ DNA, said Yahaya.

He added that the body was released to the family today for funeral arrangements.

Meanwhile, William’s parents arrived at the Tengku Ampuan Rahimah Hospital in Klang at about 10.20am today to claim his body.

AG: Govt will act on RCI report

According to Attorney-General Abdul Gani Patail, the government needs admissible evidence for purpose of criminal prosecution.

TAWAU: The government will act on any report or resolution by the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah, said Attorney-General Abdul Gani Patail.

In giving this assurance, he said, where there were criminal elements involved, action would be taken, and wrongs would be righted.

“Yes, if there are criminal offences, we will act. This is the government’s promise. That is why, the RCI was set up.

“However, we must remember, if we talk about criminal prosecution, we have to see whether there is sufficient evidence. In the RCI, everything that people say is acknowledged, but without evidence, we cannot accept. We can accept hearsay evidence.

“To enable us to go to court, we have to look at admissible evidence. This is not an excuse not to take action against those who committed a crime. We will take action, but according to the law,” he told reporters after attending the Opening of the Legal Year 2013 at the Tawau court here today.

Also present at the event were Chief Justice of Malaysia Arifin Zakaria, Court of Appeal president Md Raus Sharif, Federal Court Judge Abdull Hamid Embong and Chief Judge of Sabah and Sarawak Richard Malanjum.

Gani also urged all parties to have confidence in the RCI which he said had delved extensively into all issues which were exposed.

“Everyone knows that many were arrested [including] those with identity cards. This shows that the government is transparent. Looking at another aspect, it is a promise fulfilled.

“The prime minister [Najib Tun Razak] had said he would see to it that an RCI would be set up, and that it would be transparent and reliable. Otherwise, all these issues would not have been exposed.

“And, I am very glad and happy with it because that is what we want. Why, because the truth must come out exactly as it is,” he said.

Gani said that a mistake could have been committed earlier, and that mistake was being investigated, whether it was committed by government officers or the government itself, or there was an element of fraud or corruption, which should be resolved to everyone’s satisfaction.

“And, that mistake, we have to rectify… it is very important for this state [Sabah], it’s my state. We must do something. So, don’t be in a haste, let’s wait and see, just allow the RCI to do its job effectively,” he said.

Police call for inquest means ‘all’s not well’

MIC's Vell Paari said an inquest by the police on Sugumaran's death would not bode well with the public.

PETALING JAYA: The police’s call for an inquest into the death of C Sugumaran is an admission by them that something is not right, MIC said today.

Said MIC’s strategy director S Vell Paari: “The fact an inquest is requested itself shows that there exist some discrepancies over Sugumaran’s cause of death.

“An inquest based on evidence from a process that the vast majority say is tainted will not be accepted as being independent and fair.”

He was commenting on yesterday’s the call by Selangor deputy chief of police, A Thaiveegan, to the public prosecutor to hold an open inquest into the death of the 39-year-old Sugumaran.

Last Wednesday, Sugumaran was allegedly beaten to death by the police and the public while handcuffed in Taman Sri Nanding, Hulu Langat.

Pathologist Dr Mohd Azaini Ibrahim of Serdang Hospital claimed that Sugumaran died of heart attack.

This is, however, disputed by the family because there are external injuries on the body and Sugumaran’s face was smeared with turmeric powder when found.

Sugumaran’s family members want an independent post-mortem conducted.

They also want Sugumaran’s death to be classified as murder.

A police report was also lodged in Cheras against the Kajang police yesterday.

“The family is clearly against the inquest since it is a murder,” said PKR vice-president, N Surendran, who is acting as a lawyer for Sugumaran’s family.

Vell Paari also called for the second post-mortem to be conducted by an independent team of pathologists.

“A second post-mortem must be done by an independent team… the team that can be brought in from outside the government hospital or even from overseas… a team that the family must agree is independent,” he said.

He also reiterated the call for the formation of the Independent Police Complaints and Misconduct Commission (IPCMC).

“The IPCMC is needed not only to investigate Sugumaran’s case but also all the other deaths in [police] custody cases,” he said.

Vell Paari has also suggested that the IPCMC be led by Bersih 2.0 co-chairman, S Ambiga, who is also a lawyer.

The Malaysian Indians and Hindraf

By  Sakmongkol,
Sometimes we have to ask ourselves- where do these so called analysts come from? Which planet? Arriving at some very preliminary and inconclusive summaries based on surveys made through telephone calls are risky. How do we authenticate the answers given? And there are so many other variables to consider- the character of the sample, sample size, the nature of the questions, the questioners. How do we know, the sample population asked is not the same one approached before and the one already existent in the data base?

Political predictions is not the dig-here-fill- there kind. It’s not tear-here- paste there kind. Unfortunately that seems to be the approach taken and journalists eagerly lap them up.

Take the findings on Hindraf recently. Analysts say because Hindraf has lost steam, the Indians will come back into the embrace of BN. how do we arrive at the conclusion that Hindraf has lost steam? Because the government has lifted the ban on them? Therefore Hindraf must have capitulated. It was all hot chicken sheet that has cooled down?

What was the extent of Indian support for Hindraf before? What was the nature of their support? Were they supportive of the physical presence of Hindraf or were they supportive of the idea that Hindraf represents? So now we can safely conclude since the grounds on which Hindraf stands are dug out, the same soil can be used to fill up elsewhere? Behind Najib’s house? Palanivel’s?

This would have to assume that the Malaysian Indians who supported Hindraf were bloody opportunists. They were a lot waiting for the tide to rise and their affairs re-set. Admittedly there will be a portion of the Hindraf supporters who will desert the idea that Hindraf represents and abandon its ideals because they are the group of people wanting immediate gratification.

But what about those who supported Hindraf because of conviction and belief? They will hold on to the belief that Malaysian Indians are a marginalised lot and the only salvation will be to ally with forces that speak for them and of them in less docile and servile ways. They will not forget the insulting treatment visited upon Malaysian Indians stampeding with outstretched hands like beggars to get a miserable bag of goodies from Lord Najib a few weeks ago.

Will the Malaysian Indians allow themselves to be Semenyih-ed a thousand times more?
*********************************
Kadang2 kita bertanya pada diri kita- dari planet mana datang nya para penganalisa politik negara kita? Setakat membuat survey melalui panggilan taipon tidak mencukupi. Bagaimana kita mengesahkan authencity jawapan yang diberi? Dan banyak lagi angkubah2 penting yang diambil kira? Karakter sampel yang diambil? Jenis soalan yang dikemukakan.

Ramalan politik bukan gali sana, timbus sini punya kerja. Koyak sana, tampal sini. Sebagai contoh- para penganalisa kata oleh sebab gerakan Hindraf hilang steam, maka orang India akan kembali kepangkuan BN. berapa peratus orang India yang menyokong Hindraf sebelum ini? Sekarang bila HIndraf tidak ada atau hilang steam, penyokong HIndraf akan berhijrah ke pangkuan BN? gali sebelah hindaf, kambus sebelah BN? begitu? Kabus belakang rumah Najib? Rumah Palanivel?

Itu makna nya, semua orang India Malaysia yang menyokong Hindraf – mereka semua opportunis. Hendak ambil kesempatan buat deals? Tanggapan begini is an insult to Malaysian Indians. Those who support Hindraf are actually opportunists waiting for the rising tide to come. Tentu ada sebahagian yang menyokong Hindraf akan belot sebeb sebermula nya mereka melakukan demkian mengharapkan imbuhan segera- dalam bentuk apa pun. Tapi mereka yang menyokong hindraf kerana keyakinan dan kepercayaan bahawa nasib kaum India diabaikan oleh BN- mereka tetap akan menolak BN. dan golongan ini sebahagian besar dari penyokong Hindraf. Mereka tidak lupa, akan scenario kaum India diperlakukan sebagai peminta sedekah berebutan dan menghulur tangan mahukan sekampit beras dan bahan makanan.

Mahukah orang India di Semenyihkan seribu kali lagi?

Batu Caves condo cancelled: Who suffers?

Artist rendition of the now-scrapped Dolomite Park Avenue condominium.
The Nut Graph
WHEN protests arose over the controversial Dolomite Park Avenue condominium being built near Batu Caves, Prime Minister Datuk Seri Najib Razak had this to say: “I give you my assurance that if Barisan Nasional (BN) takes over Selangor, we will cancel this project.” Selangor Menteri Besar Tan Sri Khalid Ibrahim has gone one up on Najib and announced on 24 Jan 2013 that the project would be cancelled to safeguard the public and protect the environment.
It is easy for politicians to promise a solution to a problem, especially as a condition for being voted into power, or to be seen as being sensitive to voters’ complaints. But often, the issue is more complex and the promised “solution” causes even more problems. What are some of the ramifications of cancelling or stopping a project once development approval has been granted?
Costing public money
In all this talk of cancelling the project, politicians have left out an important group that would be severely affected – the buyers of the condominium units. These buyers would have paid a down payment, secured a bank loan, and signed a sales and purchase agreement. These would only have taken place with the necessary approvals from the local council for the project.
Usually, local councils would be slow to cancel any approved development because the ramifications are immense. If the development approval was correctly granted, the council would potentially have to pay compensation to the developer and buyers for the cancellation. This means that keeping the promise to halt the project may result in a large sum of public money being spent to pay off aggrieved parties. Harming the public’s purse would also not be popular politically. This, then, leads one to wonder what will happen after the general election, and whether such promises will then be dropped for the next politically expedient pledge.
Under the Town and Country Planning Act, it is the state planning committee that is legally empowered to order a stop to the project. The order would be published in the government gazette, mentioning the state planning committee meeting that affirmed the order. As Khalid made no mention of the law being invoked in his announcement to cancel the project, it is still possible for the government to back out later and say he acted prematurely.
Buyers beware
There is, however, the option of arguing that the documentation and approvals are not in order due to fraud or corruption, and finding a way to absolve the council from paying any compensation. But even if there is a valid legal reason to stop the project, this still leaves buyers in a lurch.
Take the case of the purchasers of the Taman Petaling Utama Block E low-cost flat, which started construction in April 2004. It was meant to house 276 villagers from several demolished squatter villages in PJS 1. Sales and purchase agreements were signed with bank loans approved for 262 buyers, as the remainder failed to qualify for the bank loans. The project was supposed to be completed in May 2006.
On 2 June 2006, the Petaling Jaya City Council (MBPJ) received a solicitor’s letter sent on behalf of the owner of a house located next to the project. The house owner objected to the project and had obtained a court injunction from the Shah Alam High Court dated 9 July 2004 that prohibited construction of the project pending the case hearing.
Since then, the buyers have had a tough time trying to resolve their predicament. On 23 July 2007, they met with MBPJ officers to discuss the problems, assisted by the office of then Petaling Jaya Selatan member of Parliament Datuk Donald Lim. Promises were made, but no action was forthcoming. On 8 March 2008, the Selangor government changed hands to the Pakatan Rakyat.
From 2008 to 2010, the buyers had several meetings with MBPJ and their new elected representatives, and more promises were made to resolve the problems. When still no solution was found, the buyers staged a protest at Selangor Menteri Besar Tan Sri Khalid Ibrahim’s office on 15 Nov 2011. Khalid reportedly promised an answer within a week. He said: “We need to discuss with the developer and other agencies to resolve the matter. These things will take time.”
Several options were proposed, but it is now 2013 with no building in sight. Meanwhile, the buyers are still servicing bank loans with only a sales and purchase agreement to show for all the money they are paying. It will be five years soon, from the time the present PR government came into power, but it doesn’t appear like the problems will be solved before the next general election.
READ MORE HERE

Ayah Mahathir Dari Mana?

73-Day Countdown to 13GE – Is Sabah RCI into illegal immigrants going to be “an exercise in futility” as it is intended to whitewash and suppress the truth?

With the Sabah Royal Commission of Inquiry (RCI) into illegal immigrants beginning its second week of public hearings tomorrow, the question posed by the former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim deserves attention – whether the RCI would prove to be “an exercise in futility” as it is merely intended as a whitewash and a “sandiwara” by the Prime Minister Datuk Seri Najib Razak and the Attorney-General Tan Sri Gani Patail to suppress the truth in the “citizenship-for-votes” scandals in the Land Below the Wind?

None of the RCI’s eight terms of reference is directed to identity those responsible for the treacherous acts against the country or for the RCI to propose any action to be taken on those responsible.

So far, there has no response to Mat Zain’s call on the Inspector-General of Police to open investigation papers following the revelations in the RCI that the late Megat Junid Megat Ayob and Abdul Aziz Shamsuddin were involved in Ops Durian Buruk, as they involved betrayal and acts of treason of the highest order.

Citing his own case in June 2000, when he was heading the KL CID, Mat Zain said the police initiated investigations against the Prime Minister, Datuk Seri Dr. Mahathir immediately after Datuk Seri Anwar Ibrahim lodged a report on the day the former director-general of the Anti-Corruption Agency, Shafee Yahaya, gave his evidence during a civil trial, citing the then PM for abuse of power for closing its probe on former Economic Planning Unit director-general Ali Abul Hassan.

Mat Zain said: “What I intend to emphasise here is that police investigations commenced immediately in that instance, without having to wait for the trial to be over or for a decision to be made by the court.

“Similarly, in the revelations made during the current Sabah RCI, the IGP need not wait for any clearance from anybody to investigate the matter.

“In fact, he should have simultaneously announced what the police intend to do once the information was made public.”

Mat Zain said: “Now that former Sabah National Registration Department director, Ramli Kamaruddin and former Tamparuli NRD chief Yakup Damsah have implicated the late Megat Junid and Abdul Aziz, both known as Dr Mahathir Mohamad’s right-hand men then, and also the revelation of Ops Durian Buruk between 1992-1995 by Mohd Nasir Sugip, police must commence full scale investigations.

‘The police need not wait for the RCI to be over or for the RCI report to be completed. The police need not wait for anyone to lodge a police report before making their move. The police can and must act on their own motion. The revelations made are too devastating to stomach.

“These are cheating, betrayal and acts of treason of the highest order that have threatened national security and our sovereignty.”

Mat Zain posed the question whether the lack of police action on the revelations of the Sabah RCI about the crimes of cheating, betrayal and treason is because of the joint intention by Najib and Gani to protect the real traitor involved in Ops Durian Buruk and the “citizenship-for-votes” scandals.

Mat Zain asked whether the witnesses who had given “sensational testimonies” and who are actually accomplices of a crime had been given assurances and protection that action would not be taken against them in court or they would not have been brave enough to make the startling revelations without fear of being prosecuted or sent back to their countries.

Is Mat Zain right when he said: “What we are seeing is the beginning of a drama, with Gani playing his role like he did in the black-eye RCI, the VK Lingam RCI and Teoh Beng Hock RCI.”

Sabahans and Malaysians will be looking for answers to these questions by Mat Zain with the resumption of the Sabah RCI public hearings tomorrow.

Nasharuddin's Sacking Politically Motivated - Najib

KUALA LUMPUR, Jan 28 (Bernama) -- PAS' dropping of its former deputy president Nasharuddin Mat Isa from the party's Syura Council is politically motivated, said Prime Minister Datuk Seri Najib Tun Razak.

He said the step was taken after Nasharuddin, who is also Bachok MP, accompanied him on a humanitarian visit to Gaza.

"By right, they (PAS) should appreciate the visit because it was for the good of Muslims.

"But it appears they view this as more benefiting the government and Umno than PAS.

"It could be the reason why they took this action against Nasharuddin," he told reporters after attending a high-tea held in conjunction with the Youth Action Forum 2013 here Monday.

Najib said Nasharuddin was someone who believed in unity and unification of Muslims.

"I do not want to make any speculation but he (Nasharuddin) is a leader who fought not to deny any political parties, and during my meetings with him, he had never condemned any party," he said.

Syura Council (the council is PAS' top decision making body) secretary Datuk Nik Zawawi Nik Salleh Sunday was reported as saying that Nasharuddin was dropped from the council as part of disciplinary proceedings, after he was allegedly found to have violated the council's rule for being absent from its meetings.

Nasharuddin's dismissal was made on Jan 13 at a meeting chaired by PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat, he had said.

Meanwhile, Najib described the main goal of his visit to Gaza was successfully achieved.

"Our main goal should be to help the Palestinian people, championing Palestinian issues and not let them be marginalised and left alone. And they (the Palestinians) really appreciated the visit," he said.

In KUCHING, Deputy Prime Minister Tan Sri Muhyiddin Yassin described the dropping of Nasharudin from the council as strange.

"He made the effort to strengthen our relations with Palestine to fight for the oppressed people. The decision was made as if to deny the good work and charitable effort by Nasharudin when PAS claims it is fighting for Islam.

"He fought for a good cause, I believe Nasharudin will not stop his effort to fight for Muslims, we are merely observing what PAS is doing," he said.

Muhyiddin had no place at Thaipusam festival

By Saravanan

It took so many months for the deputy prime minister (DPM) to revoke Interlok, the book which has caused anger among Indian Malaysians and Chinese Malaysians. The DPM made many flip-flops to keep the book as a school text. The anger made Hindraf protest against this book, and many Hindraf members were charged in court. Till today the DPM has not bothered to stop the case even after the book Interlok was revoked from being a school text book.

Muhyiddin Yassin was more or less following the Malay supremacy behaviour. How can he, without dignity, attend the Thaipusam festival and be a very important person (VIP) for the festival. The one who did not respect Indian sentiment then made an address during the Thaipusam festival.

I urge the committee members of Maha Mariamman and MIC to invite more Hindu saints and priests to be VIPs during Thaipusam, rather than politicians. Thaipusam is not a political event. MIC have been using Maha Mariamman Devastanam for their political agenda from the day S Samy Vellu held the presidential post.

Thaipusam is a holy festival. Indians would rather love to hear transcendental lectures than political talks. The whole system need to be revamped, where saints and priests need to be garlanded, not the politicians who are failing to keep their promises.

Basically, all Hindu festivals are holy festivals. In fact before Thaipusam the devotees fasts or goes vegetarian for several days. That is how they respect the holy festival. I totally disagree with honouring a beef-eater during a holy festival which is totally disrespectful of Hinduism. For Hindus killing a cow is like a killing a mother. So letting someone who eats beef to address the crowd is a total mark of disrespect.

In Malaysia the ‘Allah’ issue is becoming so hot. The Malay Muslims are not happy about Christians using the ‘Allah’ word in the Bible. If that is the case how could Indians be happy when the DPM gave a speech during Thaipusam. If at all this doesn’t make sense, I urge people of other religions people to let Hindu leaders give a speech at their mosques or churches. It is not fair for Hindus to be marginalised this way.

MIC, Umno and Maha Mariamman Devastanam, be fair to the Malaysian Hindus.

Eyewitnesses recount Sugumaran's final hour

As dusk approached on Jan 23, the body of 40-year-old C Sugumaran lay still in the bushes by the road side, his hands bound behind his back.

His faced was covered in custard-yellow-looking powder but appeared peaceful. The youngest son of four siblings was no more.

Just an hour earlier, Sugumaran had finished having a drink at a nearby food stall in Taman Sri Nanding, Hulu Langat.

He rode his motorcycle and parked outside a sundry shop along Persiaran Intan. The time was around 5.15pm.

He then walked into the shop and began muttering to himself in Bahasa Minangkabau, a Negri Sembilan dialect.

The shop assistant there paid no heed as the family which runs the sundry shop had become accustomed to Sugumaran’s eccentric behaviour.

“We all knew that he had mental problems. But even though he is a little crazy, he does not disturb others. He is the warm type and will never fail to greet us,” said the 18-year-old youth, who helps out his father who owns the shop.
He was speaking to Malaysiakini yesterday about the events surrounding the most recent case of death in custody that took place in Hulu Langat, Selangor last week.
The shop assistant's 52-year-old father requested the family’s names to be withheld. The father expressed concern as some 30 police officers from the Shah Alam Contingent Headquarters descended on their town on Jan 26 to record statements from several people.
“They (police) questioned people, drafted the statements, then asked people to sign them,” he said. At this moment, two plainclothes officers were seen taking photographs outside his shop from across the road.

His son explained that after briefly stopping by the shop, Sugumaran walked out and got onto his motorcycle.

‘Behaving strangely’

“But then he got off his motorcycle again and slammed his helmet onto the ground. I don’t know whether he was angry or he was just doing it on purpose,” he said.

Not surprised by Sugumaran’s strange behaviour, the teenager ignored him and departed after loading his motorcycle with a cooking gas tank for delivery to a customer nearby.

“When I came back to the shop at around 5.30pm, I saw him (Sugumaran) across the road,” he explained.

Sugumaran had moved his motorcycle to the T-junction of Jalan Nilam 1/1, just 50m away from the sundry shop.

There, he had frightened away a Burmese immigrant collecting used metal on a trishaw.

He then retrieved what appeared to be a hammer from the abandoned trishaw and began hitting a ‘Stop’ sign at the T-junction and also a nearby car.

‘He was a good boy’

Despite this behaviour, the shop assistant’s father insisted that little damage was done and described Sugumaran as a “good boy”.

“Yes, he is unstable but he shouldn’t need to die like that. What if it were our own son? He was a good boy.

“He always greets me when he sees me. Even when I deliver gas to his family house, he knows I am Muslim and would lead the family dog away,” he said.

After the hitting incident, Sugumaran, who had a strong build, carried his motorcycle and placed it onto the trishaw’s cargo area before pushing it to the intersection of Jalan Nilam 1/1 and Jalan Intan.

There, he took a left turn and proceeded to push the trishaw along the length of houses along Jalan Intan, which was 300m long.

Halfway through, the shop assistant said a police vehicle appeared from behind, at the other end of Jalan Intan. This was when Sugumaran abandoned the trishaw as he was pursued by the police.

It is unclear what happened during the pursuit, but Sugumaran is believed to have ran until the end of Jalan Intan into Jalan Nilam where he took a right turn onto the main road, Jalan Hulu Langat.

He crossed the main road and continued running in the direction of Taman Perkasa, at which point a police motorcycle had joined in the chase.

After about 400m, members of the public in the shops along Jalan Lagenda Suria 1, a parallel road adjacent to Jalan Hulu Langat, witnessed the commotion and decided to join in to stop what appeared to be a fleeing criminal.

Directly across the main road of the scene was a bus stop and a KK mart.

‘Handcuffed and beaten’

“The police were chasing him (Sugumuran), so people may have thought him to be a criminal.
About 15 people then ran across the road (to where they were) and helped restrain him together with the police,” said eyewitness T Panirselvam (right), 46.

Panir had rushed to the site (photos below) from a shophouse Hindu temple behind a Petronas station less than 200m from the incident after he was alerted to it.

“When I arrived, he (Sugumaran) was already in handcuffs but the crowd continued to beat him,” he said. The time was around 6.15pm.

However, contrary to previous reports, Panirselvam said three police officers were at the scene and only one had joined in the beating with the public.

Asked why Sugumaran was still being beaten despite already being in handcuffs, he explained that the victim was still struggling at that time.

“After that another officer rubbed something on his (Sugumaran’s) face, I didn’t know what powder it was then but I later found out it was turmeric powder,” he said.

Asked if he was certain this was done by the police, he replied, “Yes, I saw the officer carrying a packet of the powder.”

He described this police officer as short, bald and with a potbelly.

However, the reason behind the turmeric powder remains a mystery.

“After that, a third officer came and stepped on the back of his (Sugumaran’s) neck until he stopped struggling.

“I’m not a doctor to declare him dead, but I think he was no longer alive (at that point),” he said Panirselvam.
Following Suguraman's death, the police after a post mortem at Serdang Hospital declared that a blockage in the heart as the cause of death.
However the family was unconvinced and is seeking a second autopsy. They also reject the police's latest statement that an inquest will be held.
They want the suspects arrested and the case be investigated for murder.

Victim's family says no to inquest, wants murder probe

The family of C Sugumaran, the victim of the recent death in custody case, has rejected the police’s offer of an inquest into the matter, calling for the arrests of those involved followed by a full murder investigation.

“The family of C Sugumaran absolutely rejects an inquest into Sugumar's death.

“Why call for an inquest when there is adequate evidence to bring a criminal prosecution for murder?

“In this case there are eyewitnesses who have come forward to say that Sugumaran was chased down, handcuffed, smeared with turmeric and beaten to death by police personnel,” said the family’s lawyers N Surendran and Latheefa Koya.

Instead, said the duo in a statement today, the family wants the arrest, investigation and prosecution of all police personnel involved on murder charges under section 302 of the Penal Code.
“An inquest under section 328 of the Criminal Procedure Code is only necessary where there is serious doubt as to the cause of death... the calling of a mere inquest is inconsistent with the available evidence,” they said.

The two lawyers, who are also PKR leaders, also pointed out that inquests are often made only to appease public outrage following cases of abuse and deaths in custody, such as the death of political aide Teoh Beng Hock.

“Unlike in some other Commonwealth countries, the coroner in Malaysia is not empowered to conduct his own investigations and must rely on the tainted and biased police investigation,” they said.

They vowed to hold a protest at the police headquarters in Bukit Aman tomorrow morning to pressure for a second post-mortem and murder investigation.