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Friday, 15 March 2013

Hindu Malaysia Agenda RALLY


HINDU VOTE IS SACRED & NOT FOR SALE

Keynote Speakers:
1. Constitutional Amendments: Datuk Vaithilingam (ex-MHS President)
2. Conversion & Article 121(A): Sri Ramaji
3. Religion & Temple: Datuk RS Mohan Shan (MHS President)
4. Education Policies & Tamil Schools: Santi Vardhana Caitanya dasa (ISKCON - Assistant General Secretary)
5. Hindu Women & Children: Dr Ruba Saminathan (World Hindu Council Malaysia - Vice President)
6. Economic Development: Sri VK Reguji (World Hindu Council Malaysia - President)


72 Hindu NGO's together with 54 Ashrams, and Acharya Sabhas join hand in
supporting the Hindu Malaysia Agenda,
to highlight the issues and problems faced by Hindus in Malaysia to all political parties,
Concerning 5 Main Matters:
1. Constitutional,
2. Economic,
3. Religious & Temple,
4. Education,
5. Social

1. Constitutional:
Even though Article 121 (A) is silent and merely says that Syariah Courts shall have independent jurisdiction,
the present situation is that Syariah Courts is allowed to lord over Civil Laws and Courts. In many instances,
one spouse converts into Islam and unilaterally converts the underage child into Islam. And, the spouse also
loses all rights to EPF and property of the converted spouse. Such injustices should be rectified.
No child should be forcibly converted by one parent unilaterally, and in any case the child shall decide
his religion upon maturity. The rights of a spouse to property and EPF should be resolved before the
marriage is nullified in a Civil Court. Such cases should never be decided under Syariah Court because
the marriage was contracted under the Civil Law.

2. Education:
We seek full aid from Government for all Tamil school - without any condition imposed.
We seek mandatory Hindu religious classes for Hindu students at primary, secondary and tertiary levels.
We seek equal opportunities for University entrance based on merit.
We seek free education for all Hindu Malaysians up to tertiary levels.

3. Economic:
We seek the Government to set up a Hindu Malaysia Development Cooperation, so that funds
could be applied and given out directly to deserving Hindus without interference from any political entities.
We seek fair economic policy for Hindu Malaysians.

4. Religious:
We seek the Government to set up State Level Hindu body to supervise and deal with all Hindu temples.
No temples should be demolished without the permission of the State body. All matters regarding
administration of temples should be dealt by this bodies.

5. Social:
The plight of the estranged estate workers must be addressed.
Opportunities in FELDA like schemes should be explored for such workers.

The Hindu Malaysia Task Force is not asking for any positions for any Hindus at any level,
like Deputy Prime Minister or Thaipusam holidays etc as it would not help the Hindus at
grass root level. Please note that we identify ourselves as Hindu rather than Indian as the
Hindus in Malaysia has only lost out by calling ourselves as Indians. Many who claim
to be Indians but of other religions eat into the Indian quota but will happily reject the
identity as an Indian whenever convenient. We shall not identify ourselves as Indians anymore
as we are not Indians but are Malaysians - HINDU MALAYSIA, and we seek our rights
as guaranteed under the constitution.

SHOW YOUR SUPPORT & JOIN OUR RALLY TO SEEK OUR RIGHT

DATE: SATURDAY 16TH MARCH 2013
TIME: 3 PM - 7 PM
VENUE: KL & SELANGOR CHINESE ASSEMBLY HALL
CONTACT: Mr VK REGUJI (012 319 5901) - Organizing Chairman

NOTE: The RALLY is not to go against the present Government
but to highlight the issues and concerns of the Hindu Malaysia
to ALL political parties in view of GE 13.

hindraf - sahabat rakyat a chinese organisation support for hindraf's hunger viratham

Projek Tupai


Tian Chua: Sedition charge politically motivated


Newly-built school blown up in Badghis province

About 500 students, including girls, are studying in the school

By Sharafuddin Stanikzai

Unknown assailants blew up a newly-built school building in Qala-i-Naw, the capital of northwestern Badghis province, an official said on Tuesday.

They lobbed a hand-grenade into the building on Monday evening , comprehensively damaging two rooms of the school in Kharistan area, the governor's spokesman, Sharafuddin Majidi, told Pajhwok Afghan News.

Blaming the incident on insurgents, he accused the rebels of creating hurdles to the education process in the province. About 500 students, including girls, are studying in the school, he added.

A ninth grade student, Ali Gul, said he saw one portion of their school was damaged as he arrived in the morning. He said text books and furniture were burnt in the fire caused by the explosion. He asked the government to arrest those responsible.

Read more: http://www.rawa.org/temp/runews/2013/03/12/newly-built-school-blown-up-in-badghis-province.html#ixzz2NY7oyDR5

Teenage Girl Allegedly Raped by Man She Met on Facebook


I got pregnant from rapeA 15-year-old girl from East Jakarta was allegedly raped by several men on Saturday night, after the teenager decided to meet with a man she met on Facebook.

Sr. Comr. Mulyadi Kaharni, chief of the East Jakarta Police, said 14 men were arrested on Wednesday for their alleged involvement in the rape case. He said six people had already been questioned while the rest were serving as witnesses.

The man who befriended her on Facebook, who has not been identified, was charged as a suspect.

“We don't think they all did it [the rape] we are still studying the case, let's wait until they are all questioned,” he said.

The junior high school student decided to meet with a man she met on Facebook on Saturday night following several online chats.

The man took the victim to an abandoned place in Cijantung, East Jakarta, where more than 10 men were waiting for them. The student was then allegedly raped several times by the perpetrators.

Mulyadi sad the police had not been able to question the victim because she was still traumatized by the attack.

The victim's family filed a report to the East Jakarta Police’s Women and Children’s Protection Unit (UPPA) on Monday, where a medical examination performed at the police hospital revealed that the teenager had suffered severe injuries to her genital areas.

“The victim is still very traumatized, we are having difficulties to ask the chronology of the rape, we will conduct a more thorough investigation after her condition is better, only then we can find out how many people were guilty,” said Adj. Endang, head of the East Jakarta Police's UPPA unit, on Thursday.

Ari Wahyono, the forensic doctor who performed the examination on the victim, said she was physically getting better and her injuries were healing. But he said that psychologically she was seriously shaken.

“We are still focusing on stabilizing her mental and psychological condition, this is a very horrifying case for a girl her age,” he said.

The National Commission for Child Protection (Komnas PA) reported at least 27 cases in 2012 where underage children were abducted after meeting their captors on Facebook.

Tell both sides of the story

Ravi

 In response to Mariam Mokhtar's column in Malaysiakini entitled ‘M'sian caped crusader'; tsk, tsk, Mariam, always only telling one side of the story.

Yes, your fans might be willing to swallow everything you write and tell you how great you are and the best thing since sliced bread, etc, but it's important to also highlight the inefficiencies on the other side.

For one, opposition leader Anwar Ibrahim, when he was a cabinet minister and then deputy prime minister, was not a big advocate of public rallies, especially if organised by the opposition.

He had chastised DAP more than once for their "protests" and now just because he is on the other side, he makes these protests sound noble.

Even the Honourable MP Karpal Singh, has done about turns of his criticism of Anwar.
This shows MP Karpal dissing Anwar, but now being chummy chummy, because they know Anwar brings an "X factor" of sorts to the Pakatan's fractured alliance.

Then you have DAP which labels BN corrupt and power-hungry, and into money politics, nepotism, cronyism, etc.

So what do they do? They have their internal elections which is tainted and lacks transparency.

Daddy, former secretary-general Lim Kit Siang, helped Junior get the Penang chief minister's job. Are you trying to tell me that dad did not lift one finger, lobby his son?

Easy to point fingers at BN. But when it comes to DAP, suddenly everything is "whiter than white", eh?

PAS, what can I say. Their entire philosophy and existence is religiously motivated. Their purpose is to establish an Islamic state.
Its governance is "what kind of clothes you can wear, who can cut whose hair, and what kind of banners, posters, murals you can and should display etc".

But when it comes to giving one idea on how to govern multi-racial Malaysia. They have no plan, approach, or sincerity to ensure all Malaysians feel welcome in their own home.

And what does this fractured alliance spend their time on? Writing a pre-election manifesto without consultation, without thought and then spend time adding addenda to it.

And Mariam, you don't care if a dysfunctional lot takes over governance, your hate of the government only gives you enough motivation to criticise the government, but not see that the opposition is no better.

As I told someone, good grammar alone won't make a good argument. If you don't want to challenge the opposition and get more convincing plans from them, that's fine.

But the reality is that BN is doing the work, Pakatan just dreams of it.

Waythamoorthy's purpose in fasting



R Shan (Human Being)
 Fasting is related to prayers because it is there in every religion. It is not because someone dictates it but rather it is about prayers for purification as well for the wellbeing of the community and humanity.

Basically all tenets of fasting involves a mental and vocal declaration of doing without food in order to achieve spiritual strength and find answers and direction with regards to morality, either for individual satisfaction or for the public.

Gandhi fasted on several different occasions; one was in 1918 for the interest of the mill workers used as forced labour by the British colonisers, then at the Chauri Chaura incident in 1922 for fair prices in the meat market where the rich used the British government and their enforcers and the Rowlatt Act (similar to ISA) to their advantage.

Then there was the major one in 1943 over the Hindu-Muslim riots where he fasted for 21 days as a plea that religion should unite and not divide.

The current fast undertaken by Hindraf chairperson P Waythamoorthy is probably the first of its kind in Malaysia for public interest. Why did he resort to such a measure?

A typical answer would be it must be political reasons - to obtain a seat in Parliament, for political advantage, for personal gain and so forth. This would be the typical Malaysian thought process.

Let's look at the reality and truth in the current scenario for the Malaysian Indians. Can anyone argue on these facts?

Largest number of stateless persons, highest suicide rate in the nation, lowest life expectancy rates- 67.3 years compared to national average of 71.2.

Highest school dropout rates - only 5 percent of Indians reach the tertiary level compared to the national average of 7.5 percent.

Highest incidence of drug addiction in proportion to population.

Highest number of prisoners in proportion to population and death as well.

Largest number of gangs are now Indian and that 60 percent of blue collar crimes are committed by Indians.

Second highest infant mortality rates.

Highest number of single parents in proportion to population.

All these vices were nowhere to be been seen before the displacement of estate workers who were gladly contributing to the country's growth without any expectations besides being able to live in harmony with other Malaysians.

It is undeniable that Indian labour opened up the forests, established the rubber plantations, built the roads, railways, set up the transmission lines, built the ports and airports.

In addition, Indian civil servants formed the core of the civil service and the medical service. Indian veterinarians looked after animal husbandry.

Indian teachers formed the backbone with the missionaries of the teaching service. Indians pioneered private education in the country.

So where did it go wrong and what have been the corrective actions?

We have known the wrongs since 1957, but why are the corrective actions are seen in a political light when Hindraf bring them up?

Going back to the current scenario of the fasting by Waythamoorthy, it is unfortunate that fellow Malaysians are unable to comprehend that Hindraf has tried everything to convince both the BN and Pakatan that the predicament of Malaysian Indians need serious readdressing.

Yet everything has been turned into a political gimmick.

Waythamoorthy refused bail when he was arrested in November 2007 as he felt he did not do anything wrong in fighting for Malaysian Indians.

Now he is ready to embark on a sole journey with his faith that through his fasting and prayers, there will be some resolution for the oppressed and marginalised Malaysian Indians so that they also can enjoy the fruits of this nation.

It would be a pity if we can't be guided on what is moral and humane, as this is not a touch and go matter.

We must have conviction in what we want, and leave the bickering aside. Malaysian Indians must face the reality that there is no substitute for the unity of the community in addressing basic humane issues.

Tanda Putera would be good for the nation, says Dr M



KUALA LUMPUR, March 14 – Educating the public about the May 13th race riot through screenings of movies like Tanda Putera would be good for the nation, former prime minister Tun Dr Mahathir Mohamad said today.

“If we can we should educate the public about what had happened during May 13, it would be a good lesson if not the country would be unstable,” he told reporters after speaking at a forum in University Malaya here.

“If only one race controls a certain interests while another race doesn’t, there is anger and this is bad for the country,” added the former prime minister (picture), referring to the mainstream argument behind what sparked the bloody clashes – that the Malays were angered by Chinese control of the economy.

The film has raised the ire of opposition politicians who say some scenes are not historically accurate.

But the film’s director had stressed that the film is not a documentary, but a movie “with dramatic elements and creative licence responsibly exercised in its making” and with research done beforehand.

On Saturday, the movie was privately shown to a group of 600 students in an “invite-only” screening at Universiti Islam Antarabangsa Malaysia (UIA), in what the opposition had described as a brainwashing programme.

According to a student group, it was mandatory for Police Undergraduate Voluntary Corps and Air Force Reserve Officer Training Unit (PALAPES) members to attend, while UIA’s residential colleges have been asked to send six members each.

“Those who attend would also be awarded ‘Star Points’,” news portal Malaysiakini quoted We Unite for Islam UIA president Mohd Najib Abdul Rahim as saying, referring to the institution’s participatory merit point system.

The Malaysian Insider was turned away from attending the 9pm screening last night, which appeared to be tightly guarded by security personnel.

Last month, over 3,000 Felda settlers were shown a surprise preview of “Tanda Putera”.

The film was shown during a special gathering of settlers at the Putra World Trade Centre (PWTC), which was also attended by former Prime Minister Tun Dr Mahathir Mohamad.

The film had raised questions from members of the public, including Suaram adviser Dr Kua Kia Soong and prominent lawyer Datuk Ambiga Sreenevasan, with the latter questioning why it was only shown to Felda settlers.

“Tanda Putera” depicts the second Prime Minister Tun Abdul Razak Hussein and his deputy, Tun Dr Ismail Abdul Rahman, during the post-May 13 period. Razak’s eldest son, Datuk Seri Najib Razak, is the current prime minister.

The film was produced by Pesona Pictures Sdn Bhd in collaboration with the National Film Development Corporation (Finas), which provided the financing together with the Multimedia Development Corporation (MDEC).

It was previously reported that Putrajaya had decided last October to put off the public release of the film indefinitely due to the controversial depiction of the events surrounding the 1969 racial riots.

‘Govt practising selective prosecution’

An NGO is wondering why it's Tian Chua who's being charged and not Ibrahim Ali, Ridhuan Tee and Dr Mahathir Mohamad who said 'worse things'.

PETALING JAYA: The charging of PKR vice-president Tian Chua under the Sedition Act proves that the government practises selective prosecution, said a coalition of Indian NGOs.

Angkatan Warga Aman (WargaAman) secretary-general S Barathidasan questioned the government’s rationale in suing Tian Chua while turning a blind eye to those who spew racist comments.

“We lodged several police reports against academician Ridhuan Tee Abdullah, Perkasa chief Ibrahim Ali and former prime minister Dr Mahathir Mohamad.

“They said worse things, insulting other races and one even threatened to burn Malay language Bibles. Why no action is taken against them?” asked Barathidasan.

This morning, Tian Chua, who is also Batu MP, was charged at the Sessions Court under the Sedition Act 148 for allegedly accusing Umno of being behind the Lahad Datu intrusion by armed Filipino Sulu forces.

He was also charged with describing the Sulu gunmen’s incursion as a government plot to frighten the people and an attempt by Umno to divert people’s attention from the issuance of MyKads to foreigners in Sabah.

If found guilty, Tian Chua could face a fine of RM5,000 or three years jail or both upon conviction. He had since pleaded not guilty to the charges.

Barathidasan reminded the police and the Attorney-General Chamber’s (AGC) that the people are watching and they could see the double standard being practised.

“It shows that there are people above the law in the eyes of the present government. We have lost our confidence in the police and the AGC,” he said.

We are battling for a mature democracy


This is the fourth day of P Waythamoorthy's hunger strike.
COMMENT

P Waythamoorthy

This is the fourth day of my Hunger Viratham. Today I have begun limiting my talking. I spend my time in prayers, thinking, writing and resting.

In this third part, I will be penning my thoughts on the contributions that Hindraf is making and has made to move Malaysia to be a true democracy.

There are six major proposals in Hindraf’s five-year blueprint . The first five are specific to programmes and recommendations that directly impact the lives of the Indian poor. The sixth proposal is, however, universal in its implications to all of Malaysian society and is clearly a proposal that, when realised, will make Malaysia a mature democracy.

The sixth proposal in the blueprint reads:

6. Bringing human rights practice in Malaysia up to international standards.

1) To bring the standard of Malaysian law to be consistent with international human rights law and international humanitarian law by signing and ratifying the following International Covenants of the United Nations and then to adjust the Malaysian laws to be consistent with our commitment to these International laws:

International Covenant on Civil and Political Rights (CCPR); and
International Covenant on the Elimination of all forms of Racial Discrimination (CERD).

2) To adopt the guiding principles as set forth in the Guiding Principles on Internal Displacment by the United Nations.

The implications of the signing and ratification of these UN Covenants oblige Malaysia to the elimination of all forms of racial discrimination. Parties are obliged to not discriminate on the basis of race, not to sponsor or defend racism, and to prohibit racial discrimination within their jurisdictions. They must also review their laws and policies to ensure that they do not discriminate on the basis of race, and commit to amending or repealing those that do.

This sixth demand in our blueprint is clearly consistent with all the human rights work that Hindraf has been doing. These human rights legislations are protective laws. Malaysia is a multicultural, multiethnic society and is vulnerable to manipulations of greedy elements within.

Just look at what has happened in our country. An institutionalised racist regime has developed since the inception of the nation. Dr Benjamin Bowling of School of Law, King’s College London, defines institutionalised racism as thus: Institutionalised racism is the process by which people from ethnic minorities are systematically discriminated against by a range of public and private bodies. If the result or outcome of established laws, customs or practices is racially discriminatory, then institutional racism can be said to have occurred.

The hallmarks of the institutionalised racist regime in our country are:

a) The Federal Constitution basically establishes two classes of citizens, vide Article 153, the root of the racist system.

b) The state sanctions racist and religious extreme laws and policies

c) The state controls the government administration through one racial and religious group

d) The state channels most funds for economic/education/social development programmes and licenses, permits etc. to one race

e) The state controls religious freedom to the disadvantage of non-Muslims, imposes Muslim religious laws on non-Muslims and extends the jurisdiction of the Syariah Courts to non-Muslims.

f) The state sponsors violence and threats of violence both directly and indirectly (outsourced) on the citizens to create fear among the non-Malay non-Muslims.

g) The state sanctions draconian, punitive laws and gives blank cheques to the police to make arbitrary arrests of dissenters.

h) The state explicitly and implicitly declares that the Malays are the masters (Malay supremacy) and the sons of soil.

All of this is in direct contravention to the stipulations of international laws. Hindraf in including this into the blueprint is boldly speaking up for all Malaysians.

The blueprint document that boldly calls for the establishment of a set of laws that will eliminate racism in our country is categorised as a narrow race-centred document by our detractors. Both BN and Pakatan Rakyat today are not inclined to open their mouths on these issues now or ever. Yet they can call themselves “Beyond Racial Boundaries” and “1Malaysia” and turn around and brand Hindraf as a racist or an extremist organisation.

In addition to these demands in the blueprint, much of what Hindraf pursues relates to changes that are fundamental in nature. It is our belief that only changes that are fundamental can promote the cause of true democracy. Instead what we get today that which is called change and progress towards more democracy are cosmetic changes, one upmanship changes or just simple face changes. What we need are some fundamental changes like:

Clear and unambiguous commitment to the principles of equality for all as stipulated in Article 8 of the Federal Constitution as in the original Reid Commission submission.

Strict adherence to the original spirit and intention of the Malaysian Constitution .

Constitutional amendments to incorporate a truly impartial and independent Constitutional Court .

Increased checks and balances to maintain integrity of the key institutions of the government.

To implement new economic programmes to benefit all Malaysians irrespective of race and religion.

To provide protection for minority rights.

To give Borneo states their promised autonomy as per the 1963 Malaysia agreement.

To adopt and ratify all international human rights treaties and to abolish all repressive laws.

These are some of the fundamental changes that Hindraf struggles for. In doing this, Hindraf is promoting the cause for a more mature democracy in our country, of a more robust and prosperous Malaysia for all. The reality of Malaysia is that it is a multicultural and multiethnic nation. The way forward is more fundamental change consistent with this reality. If all we tinker around with is some nominal change at the fringes, we are going to be getting more of the same for years to come.

Those that wish to see our demise cast us as a narrow racist organisation, in spite of the fact that we struggle to promote democracy boldly. They use a convoluted definition of racism to cast us thus. We stand up for the victims of institutionalised racism, and in which book of true learning does that constitute racism? The basis for truth cannot be who can shout louder.

P Waythamoorthy is the Hindraf chairperson. He has been on his hunger strike since March 10.

Mohan ignorant and a liar, says PKR

MIC Youth chief T Mohan was also lying when he said the party had paid for A Kugan's autopsy, said PKR vice-president N Surendran.

PETALING JAYA: MIC Youth chief T Mohan is not only a liar but also an ignorant man, PKR vice-president N Surendran said today.

He was responding to Mohan’s accusation yesterday, saying Surendran had deliberately delayed a second post-mortem on deceased security guard C Sugumar’s body.

Mohan also said that Form 61 was not needed to conduct a second autopsy and that Thai pathologist Dr Porntip Rojanasunand was not banned from conducting the post-mortem on Sugumar’s remains.

Surendran said today that Form 61 was no longer an issue but Porntip’s absence was.

“We don’t need Form 61 as the Health Ministry has given the green light for the second autopsy. All we need now is for Pornthip to do the job,” said Surendran.

On Feb 14, Pornthip refused to conduct the second post-mortem on Sugumar, citing personal reasons, but PKR had accused Prime Minister Najib Tun Razak of having a hand in it.

Najib has since denied the allegation.

Surendran also rejected MIC’s offer to pay for the second autopsy, saying PKR would foot the bill for it.

“For Mohan to say that we can get any private pathologist to conduct the second autopsy shows he has no clue on how things work.

“Private pathologists in Malaysia are not allowed to conduct autopsies. Only government pathologists are allowed to do so. You can check with the hospitals,” he said.

That is why, Surendran said, Sugumar’s family wanted Pornthip to conduct the second autopsy as the latter works for the Ministry of Justice, Thailand.

He added that even the Health Ministry had agreed to facilitate Pornthip’s registration with the Malaysian Medical Council (MMC) so that she could conduct the autopsy on Sugumar’s remains.

On why he could not get other foreign government-linked pathologist, Surendran said: “True, we can but what is the guarantee that the government would not ban the new pathologist?”

The lawyer-politician also ticked off Mohan for saying that MIC had paid for A Kugan’s second autopsy in 2009.

“It’s utter rubbish. Gobind Singh Deo [Puchong MP] paid for it,” he said.

Surendran later accused MIC of collaborating with the government to cover up the real cause of Sugumar’s death.

“That’s what MIC has been doing for years. Whenever Indians get killed in prison, it will just go to their families and ask them not to pursue the matter,” he alleged.

Sugumar’s family is scheduled to hand in a letter to Najib at the Prime Minister’s Office tomorrow morning, to request for Pornthip to be allowed to conduct the second autopsy.

‘Good chance of Pakatan taking over Putrajaya’

PSM believes Pakatan stands a "very good chance" because Barisan Nasional's old methods of getting votes will not work.

SEMENYIH: Parti Sosialis Malaysia (PSM) believes Pakatan Rakyat stands a “very good chance” of taking over Putrajaya in the upcoming general election.

PSM secretary-general S Arutchelvan said this today when asked to forecast the outcome of the 13th general election (GE13), which some believe will be held as early as next month.

“Yes, there is a very good chance of taking over Putrajaya,” Arutchelvan told FMT in an exclusive interview here.

He pointed out “three things which Barisan Nasional uses traditionally” to win votes: money, racial politics and electoral cheating.

“One and two are no longer working in its favour. Even when it gives BR1M [financial aid], the people know why they are getting it – because of stronger opposition,” Arutchelvan said.

He noted Pakatan’s biggest concern was “electoral fraud”, as he believed this tactic was used to keep BN in power for the past 56 years.

“Umno is not going to let go of power so easily, and if you say electoral fraud can be eradicated… I don’t think so,” he said.

“However, if BN wins by electoral fraud, will the people still keep quiet?” he asked.

Arutchelvan hoped GE13 would bring about a change in governance – “as demanded by the people through mass involvement in rallies such as Bersih” – to show the people they have the power to “change the government when they don’t like it”.

“This way, it keeps both BN and Pakatan on their toes,” he said.

“No one should think they can easily stay in power and make money off the rakyat.”

Arutchelvan recently announced that he will be recontesting the Semenyih state seat and had unveiled his personal “report card” for work done in the state constituency since the last general election.

Despite contesting the seat in 2008 and losing to Johan Abdul Aziz, the incumbent from Umno, Arutchelvan was appointed as the Zone 18 councillor for Kajang Municipal Council (MPKJ) and is a familiar face in the area.

Bar Council Must First Discuss SD1 at AGM 16 March 2013


http://media1.malaysiakini.com/132/c641954ad0a4f96ef8859a0cbfc570df.jpg

TRUTH SEEKER

Before SD 2 is discussed at the coming AGM, SD 1 must be discussed. It is now crystal clear that SD1 was not signed voluntarily. Recent events that have unfolded since the return of P Balasubramaniam from India or wherever he was, clearly indicates Bala did not hire the prominent senior lawyer, Americk Singh who verifies information provided to him painstakingly for months, before putting pen to paper.

Bala did not seek out Americk Singh on his own volition for the national good. He was propelled there by Pakatan and their promise of RM700,000 and what other inducements is yet to be known. Should Americk Singh have prepared SD 1, knowing monetary inducements have been received and more to be received after the signing of SD 1. Has there been any wrong doing or worse still, professional misconduct on the part of the lawyer who drafted SD 1.

Pakatan’s complicity in SD1 is clearly borne out the fact that Datuk Seri Anwar Ibrahim flanked Bala at the SD 1 Press Conference.

Were the contents of SD 1 the truth? Was concrete evidence given of the alleged part of the First Couple. Or was it a ploy by Pakatan to bring down the Prime Minister and the ruling government. This must be seen against the background of Datuk Seri Anwar Ibrahim’s grand September 16 plan to topple the government by winning over the elected Barisan Representatives in Sabah and Sarawak. As everyone knows the plan flopped dismally.

The 14 brave (or rash?) lawyers should have called for a discussion of both SD 1 and SD 2. Are not lawyers trained to be objective, impartial and to consider all aspects of an issue; particularly when proposing a motion? Discussing SD 2 without discussing SD 1 would not only be lop sided but a travesty of justice.

Bar Council, please do the right thing, discuss both SD 1 and SD 2.

Ambiga Sreenevasan: Loyalty Is Earned, It Is Not Demanded And It Is Certainly Not Bought


NOT BULLSHIT


Americk Sidhu

I posed a question to RPK under the comments section of his article which appeared in his blog on the 11th March 2013 under the heading “The Deepak-Bala marriage: in Deepak’s own words”.

I asked him whether he thought the information he was provided by his ‘deep throat’ in the MACC was credible and whether he believed it, bearing in mind his own involvement in the ‘Bala saga’, practically from day one.

Up to the time I posted this article, I had not received his response. Perhaps it is a little awkward for him to do so as I am sure he cannot possibly have any faith in that information, clandestinely smuggled out of the vaults of the MACC direct to MT. Yet, rather surprisingly, he chose to publish it.

I am not sure what he intended to achieve by disseminating mistruths, more so when he personally knows them to be absolute lies. It would have been different had he said he was aware they were lies. But he didn’t. This was the spin.

RPK knows as much as I do about this matter. He knows what he published is utter rubbish, but I understand the position he has adopted. He quite clearly pointed out that he is entitled to publish hearsay as that is now par for the course. In other words, everyone else is doing it so why shouldn’t he?

The difference between Bala’s 1st SD and what RPK has just published is this.

I had categorically emphasized, at the press conference at the PKR headquarters on July 3rd 2008, that parts of Bala’s SD was in fact hearsay.

I further stressed that Bala was merely repeating what Altantuya and Razak Baginda had told him. He was not alluding to the truth of what had been said but merely to the fact that it was said, to him.

In such a situation, it is open to the personalities implicated in that particular hearsay to retaliate with denials.

This was never done.

Therefore we have to assume that the hearsay referred to by Bala was in fact substantiated by the corroborative evidence of other matters referred to by him, and by the silence of those implicated.

This is how the matter has stood for nearly 5 years now.

This is the reason why I have chosen to avoid making the same mistake those implicated in the 1st SD made, and instead retaliate immediately with this response, although a reticent silence would have been the easier option.

Allow me to start from the very beginning. This is a long story so please bear with me.

Puravalen, (or Valen, as he is known to his colleagues), and I studied law together at the Inns of Court London in 1980/81.

I have had a long and close relationship with Valen for the past 33 years. He has done nothing in that period of time which would make me suspect that he was anything but a forthright and credible member of the legal profession.

I was introduced to Bala and ASP Suresh by Valen at a restaurant (Fogles to be precise) at Plaza Damas sometime in April 2008. It was a chance meeting. Others were present and they can confirm this.

Valen had met Bala 2 years earlier when he was engaged to represent Razak Baginda (before he was arrested). Bala and Razak Baginda were actually in Valen’s office at 7.30 a.m the day he was arrested.

This is when Razak Baginda received an sms from Najib saying “I am seeing the IGP at 11.00 a.m…all will be solved…stay cool” or words to that effect. Razak Baginda showed this sms to both Bala and Valen and informed them it was from Najib.

This took Bala by surprise as prior to this incident, Razak Baginda had never referred to Najib. He had only ever referred to ‘the VVIP’. In other words, Bala did not realize Najib was actually that VVIP until that sms was received.

Back to Fogles. Later in the evening, the subject of Altantuya’s murder was brought up. I had no idea of Bala’s involvement at that stage. As Bala talked, I became more intrigued as to the background to the entire affair.

As the restaurant we were in was closing, we decided to adjourn to the Backyard pub down the road to continue our conversation. This is when Sivarasa turned up and joined us. The discussion continued. Sivarasa felt Bala’s story ought to be documented in a statutory declaration as the Altantuya murder trial was still ongoing at that stage.

Unfortunately I was nominated as the best person to record all this evidence in the form of a statutory declaration as I was considered the most ‘impartial’ person at the table. I had never been involved in politics and had no previous interest in the matter.

So began the meetings with Bala at my office, mostly done at weekends when it was quiet and there were no distractions.

Bala and I went through everything systematically from the time he was engaged to ‘protect’ Razak Baginda from the persistent demands made by Altantuya until the beginning of the murder trial.

As Bala related the unfolding of events to me, I recorded everything in long hand, pausing every so often to ‘cross-examine’ Bala on certain points to ensure his memory was indeed vivid and that there was no embellishment of anything he was narrating to me.

Bala cross checked each detail by reference to the archives he had stored in his lap top, which had remained constantly open before him throughout the entire interviews.

After approximately 2 months of painstakingly sifting through all the material, I began composing a formal statutory declaration in a format which would reflect the sequence of events in an easily digestible manner, as they were a little complicated.

It should be remembered that Bala had already given evidence in the Altantuya murder trial as a prosecution witness. He was rather surprised that neither the prosecutors nor the defence counsel had bothered to ask him any pertinent and relevant questions which would have thrown some light on the events leading up to the murder, especially the chain of command.

What was even more surprising to Bala was the fact that he had provided the police with a lengthy statement similar to that as set out in his 1st SD. This in effect means that the prosecution was aware of his evidence well beforehand, but the ‘sensitive’ issues were avoided wholesale.

This is part of the reason why the SD that I was in the process of preparing was of significance.

I pause to point out at this stage that neither myself nor Bala had had any communication whatsoever with Anwar Ibrahim. He did not even feature in the equation. The entire purpose of this exercise was to ensure justice for the murdered Mongolian girl and her family. There was no political angle involved.

The opposition at this stage was still suffering from shell shock after having made unprecedented gains in the 2008 elections 3 months previously. The Altantuya trial was probably not as important to them as trying to come to grips with having to, unexpectedly, run 5 states.

Sometime at the end of June 2008, there was an inquiry from Sivarasa asking whether the SD was ready. At that time it was almost completed. Siva suggested a press conference to release this SD which we eventually agreed to do at PKR's head office in Merchant Square, Tropicana.

I wish to reiterate that no one had offered Bala or me any money to do this. If they had, I would have jettisoned the whole exercise immediately and distanced myself from it in no uncertain terms. I believed what Bala had told me as the detail and coincidences involved could not possibly have been concocted.

I am sure Valen will be confirming independently, that he did not receive any money from any party or person for his involvement and neither was he instructed to pay Bala anything, contrary to what has been alleged in RPK’s latest article.

The night before the press conference (2nd July 2008), I was invited by Sivarasa to drop by Valen’s house. Bala, ASP Suresh, RPK, his wife Marina and their daughter and grandchild were there too. This is the first time I had met them. RPK was being briefed by Bala about the SD and the impending press conference was talked about.

We then proceeded to dinner at an Italian restaurant at Plaza Damas. Present at the table were RPK and his wife Marina, Valen, myself, Bala, ASP Suresh, a CEO of a large Malaysian company and his wife.

After dinner I thought it would be best that Bala stay in a hotel that night as we were a little concerned for his safety as the Special Branch were known to have spies everywhere.

I therefore booked a room at the Corus Hotel, Jalan Ampang as it was close to my office and it would be convenient for me to pick Bala up the next morning and drive him to the press conference.

The next morning we attended the press conference at the PKR headquarters at Tropicana.

After that press conference, most of those present adjourned to the coffee shop downstairs for lunch, including RPK and a number of other bloggers, PKR members and the press.

I then drove Bala back to my office in Jalan Ampang. Bala called his assistant Suras Kumar and asked him to meet us there. The intention was to get Suras Kumar to also affirm a SD to corroborate what Bala had stated, as he, (Suras Kumar), had been closely involved in the entire affair involving Altantuya and her demands made to Razak Baginda.

When Suras eventually arrived, I was introduced to him and almost immediately he started to demand money. My reply to him was succinct and unequivocal. I told Suras Kumar he was not getting any money and to ‘get lost’. Suras Kumar left my office. That was the last I saw of him.

While in my office, Bala was continuously receiving phone calls on his mobile phone. ASP Suresh was also with us at that time.

I digress to point out that ASP Suresh kept popping up with Bala from time to time. When I enquired from Bala what his relationship with him was, he told me ASP Suresh and he were friends and that ASP Suresh was a policeman in the D9 division at Jalan Hang Tuah but he had been suspended for some reason. Apparently Bala had assisted ASP Suresh in obtaining phone records as he could get these faster than the police could.

It was also revealed that ASP Suresh was involved in a pub called ‘Madurai’ in Jalan Imbi and Bala used to work there as a ‘bouncer’ when asked.

In fact I had some very interesting conversations with ASP Suresh. His job in the D9 division apparently involved apprehending individuals considered to be ‘hoodlums’, incarcerating them in ‘safe houses’ and interrogating them for information. Once this information had been obtained, these ‘hoodlums’ would be executed with a bullet to the back of the head and their bodies disposed of in various ways, not unlike the way in which Altantuya was.

Now, one of the phone calls Bala received on his mobile phone that afternoon was from ASP Tonny from the Brickfields police station. He had been involved in the Altantuya investigations and therefore had questioned Bala on a few occasions. From the tenor of the conversation he had with Bala on the phone, I got the impression ASP Tonny was glad that Bala had come out publicly and revealed what he knew as it directly coincided with what Bala had been telling the police all along.

The further impression I got from this conversation was that ASP Tonny and his colleagues who had been involved in the investigations, were frustrated by the fact that there appeared to be a cover up in the ongoing prosecution taking place at the Shah Alam High Court.

When ASP Tonny suggested Bala meet him at Brickfields at 6.00 p.m. (after he got of duty), at an ‘ikan bakar’ restaurant to discuss the situation further, I agreed as I felt Bala was in safe hands. This is because ASP Suresh volunteered to drive him there. I did not realize at that stage that ASP Suresh would actually do a flip.

So, Bala left my office at about 5.30 p.m. I escorted him to ASP Suresh’s car (a grey Proton Waja), parked (illegally of course) outside my office and bid him farewell. That was the last I saw of Bala for over 1 year. The rest is history, so to speak.

When Bala surfaced a year later he declared to me all the payments he had received from Deepak. The total amount, including cash, came to approximately RM750K. Bala has disclosed this publicly and has divulged evidence in support in the form of photocopied cheques, for RM50,000.00 each, drawn on Deepak’s company account.

This money had been used by Bala to pay for his expenses in Chennai, which included expensive International School fees (his children were not Indian citizens and therefore could not attend local schools), expensive condominium rental of RM9,000 per month (Deepak had rented it for Bala), and of course all other necessary payments to keep a family of 5 going in a foreign country and also to pay the monthly mortgage payments on his house in Rawang and his car instalments.

Bala emerged from hiding in 2009 and spilled the beans in the video recording he made in Singapore. By that time, all payments from Deepak had stopped. (Actually they had stopped much earlier as Deepak smelt something fishy and had anticipated Bala was going to ‘turn’).

Therefore Bala has had to survive till the present on the RM750K given to him in 2008. Remember he has been unemployed as he is not an Indian national and is therefore not eligible to work there.

To cut costs, Bala moved out of the RM9,000 per month condo and instead rented a small house further out of the city for only RM1,000 per month. He placed some of the funds in a savings account in the HSBC Bank in Chennai to earn some interest. He still has reserve funds.

At the beginning of 2010, RPK very kindly arranged a Dato friend of his to help Bala out financially. He paid for a second hand Toyota so that Bala could drive his children to school (which was now quite far away from his downgraded accommodation) and also contributed towards school fees. This arrangement lasted only a few months. Bala has been left to his own devices and has been surviving on Deepak’s initial contributions since.

This is the correct version of events.

Bala was not paid any money by any person to affirm the 1st SD.

I have been diligently following everything that has occurred over the past 5 years and have received phone calls and text messages from Bala practically every day, updating me on his situation.

I am unable to put it more succinctly than Bala did in his comments on the article written by RPK and recorded by Free Malaysia Today (11.03.2013), that what was produced in RPK’s article was utter bullshit.

RPK is completely aware of all I have said above.

I would have expected him to have, at the very least, expressed his reservations as to the veracity of the information he had received from his ‘deep throat’.

This he chose not to do.

Perhaps the MACC statement ostensibly recorded from Deepak was the one he would have made earlier in connection with the initial 2008 investigations. If that is the case, Deepak’s sentiments then, would, of course, have been to exonerate himself and put the blame on others.

Deepak has since given audio-visually recorded interviews for Malaysiakini in which he has confirmed that what Bala had alleged in his 1st SD was true.

Whilst dust storms are being created to obfuscate matters by allegations of fiscal impropriety on the part of different personalities, the main issue is conveniently being avoided.

The question still remains. Who ordered Altantuya’s murder?

This is what all law abiding citizens of this country want to know.

Bala has provided all the clues at great personal sacrifice and yet he is being slandered and castigated by a bunch of armchair eunuchs who have nothing better to do than to pour scorn on his valiant efforts to pursue what is right.

Has all this been purposely designed to distract from the real issues at hand?

I leave that to you to decide.

Raja Muda: Review quality of law courses

The Star

KUALA LUMPUR: Institutions of higher learning have been urged to review the quality of their law courses following the drop in the number of those who pass the Certificate of Legal Practice (CLP).

The Raja Muda of Perak Raja Dr Nazrin Shah said they should not compromise quality for quantity, especially in new intakes for law faculties.

He said there was an increasing gap between the quantity and quality of law graduates, as since 1994, the percentage of candidates who passed the CLP examination was below 50%.

“The scenario calls for a review of the quality of teachers, education, teacher-student ratio and the quality of knowledge and skills successfully provided to graduates,” Raja Nazrin said during the 18th CLP convocation 2012 at PWTC here yesterday.

He said that over the past three years, the percentage of candidates who passed remained low at 40% in 2010, 45% in 2011 and 41% last year.

Last year, 350 of 860 candidates passed the CLP and were qualified to practice.

“As such, an analysis needs to be done among the graduates who failed the CLP to find out how many of the failed graduates came from local institutions and how many from foreign institutions,” he added.

Raja Nazrin also said the analysis had to identify which local institutions had the highest number of CLP failures.

Last year, the Bar Council did a study among 393 law firms to get feedback on the attitude, skills and abilities considered important when hiring candidates.

“Four factors were considered important by the law firms proficiency in English, both oral and written, communication skills, legal knowledge and commitment to the firm.

“The findings have to be taken into consideration by the local institutions which offer law courses to ensure the graduates they produce have market value on par with those graduating from institutions in other countries.”

Is Malaysia pioneering a new-fangled “trial by police reports” in the latest twist of injustice and selective prosecution under Malaysia’s “rule by law”?

By Lim Kit Siang

The charging of Parti Keadilan Rakyat’s Vice President and MP for Batu, Chua Tian Chang for sedition for allegedly linking Umno to the Sulu-Police shoot-outs in Lahad Datu in the Kuala Lumpur Sessions Court today is most regrettable and deplorable, for two reasons:

Firstly, it would appear that the Federal Government of Prime Minister Datuk Seri Najib Razak is not prepared to provide the lead and set the example to unite and rally all Malaysians, regardless of race, religion and political affiliation as one patriotic Malaysian people to face up to the challenges posed by the Sulu terrorists to protect unequivocally our national sovereignty and the right to security of the people of Sabah and the security forces.

Is this the reason why the Cabinet in two consecutive meetings yesterday and the previous Wednesday refused to act on the proposal for the convening of a special session of Parliament on a six-point proposal (1) to give full support to the security forces to take all necessary measures to protect the national sovereignty and security; (2) pay tribute and honour to the nine fallen heroes from the police and armed forces in the shoot-outs in Lahad Datu and Semporna; (3) set up a special foundation to look after the welfare of the families of the fallen heroes and ensure the life-long education up to university level for their children at government expense; (4) condemn the atrocities committed against the fallen heroes by Sulu terrorists; (5) urge the immediate halt of the annual “cession payment” of RM5,300 to the self-proclaimed heir of Sulu Sultanate and (6) to call on the Philippines Government to drop all claims to Sabah.

Secondly, the prosecution of Tian Chua is setting a most dangerous precedent for the grave and gross miscarriage of justice in present-day Malaysia for at least two reasons:

This is a case of selective prosecution as it is politically motivated. Not only has Tian Chua denied that he had insulted the security forces like describing the death of the police commandoes as “mati katak” (dying in vain), he is instituting defamation proceedings to clear his name of these slander and lies.

The failure by the Attorney-General Tan Sri Gani Patail to prosecute those who had said things which are a thousand times more seditious and who had refused to deny what they had said or to act against those who had clearly committed treason against the country.

Whether Malaysia is pioneering a new-fangled “trial by police reports” – in addition to the unacceptable “trial by media” – in the latest twist of injustice and selective prosecution under Malaysia’s unjust “rule by law”? The police have said that as of yesterday, 318 police reports throughout the country had been lodged against Chua. Is Gani Patail going to be first Attorney-General in the world whose decision whether to prosecute or not will depend on the number of police reports lodged on the matter – however contrived and politically-motivated this may be?

Malaysians should end the madness of division and dissension among themselves when they should unite and stand as one against external threats like the Sulu terrorist incidents in Lahad Datu and Semporna.

There should be an immediate end to finger-pointing to fix blame for the Sabah Sulu crisis as the priority must to restore peace, calm and normalcy fo the east coast of Sabah in the shortest possible time.

The prosecution of Tian Chua is completely unjustifiable, indefensible and discriminatory especially as the PKR leader had denied the allegations made against him and has in fact instituted legal proceedings to clear his name.

I reiterate my call on all Malaysian political parties and leaders to focus on what should unite the people rather than what can divide the people at this moment of the Sabah Sulu crisis, which have cost the lives of eight policemen and two solders, and grave hardships to the Sabahans in the affected areas in Sabah – particularly the Eastern Sabah Security Command (ESSCOM) stretching from Kudat to Tawau on the east coast and which has Lahad Datu as the central command.

In the spirit of greater national unity, the Attorney-General should reconsider and drop all charges against Tian Chua who had denied the allegations against him, as he should only charge those who refused to deny, retract or apologise for their blatant seditious utterances and treasonous acts in the Sabah Sulu crisis.

BN Ready To Recapture Kedah In General Election, Says Mukhriz

KUALA LUMPUR, March 14 (Bernama) -- The Barisan Nasional (BN) in Kedah is at the highest level of preparation to wrest the state from the opposition in the 13th General Election, said Kedah Umno Liaison Committee deputy chairman Datuk Mukhriz Tun Dr Mahathir.

"We are ready to ensure a BN victory in Kedah this time," he told a news conference to announce the gathering of Kedahans scheduled for Saturday, here, today.

Mukhriz, who is the deputy minister of international trade and industry, said caution was taken in the selection of electoral candidates, which was 90 per cent complete, to ensure a BN victory.

"Even at the early stage, on paper, we want to ensure winnable candidates. We do not want any reason for us to lose in any seat," he said.

Mukhriz said a BN victory was vital to ensure the well-being of the people of Kedah who, he added, had been marginalised as the current state government had done nothing but make empty promises.

He said the claims of success of the state government contained in a record book were nothing but lies.

"The people know what is happening and which government strives for them. We do not promote ourselves, we work for the people. We are not like the opposition which only talks but does not fulfil promises and claims credit for (federal) government projects," he said.

Mukhriz, who is chairman of the secretariat organising the gathering of Kedahans, said about 5,000 Kedahans in the Klang Valley were expected to gather at the Juara Stadium in Bukit Kiara from 9 am.

Former Prime Minister Tun Dr Mahathir Mohamad is expected to deliver a keynote address at the gathering.

UKM Removes Brain Tumors While Patient Is Conscious

KUALA LUMPUR, March 14 (Bernama) -- Universiti Kebangsaan Malaysia achieved yet another milestone when a patient was made to wake up during a brain surgery last month.

It was the UKM Medical Centre first Awake Craniotomy, a procedure to remove brain tumor with minimal or no brain damage to the patient, according to UKM's news portal.

Some might think that waking up during surgery is terrifying but in this case it was intentional. The patient needed to be conscious to monitor and preserve his brain functions.

UKM said that it is no secret that Awake Craniotomy is a very scary option to the patient. So before a patient undergoes the procedure, he or she is counselled and guided every step of the way.

The university said its patient is now recovering splendidly.

The procedure was performed by UKM Neurosurgeon, Associate Prof Dr Ramesh Kumar, and assisted by three other surgeons, Dr Toh Charng Jeng, Dr Sanmugarajah Paramasvaran and Dr Ainul Jaffar.

Dr Esa Kamuruzaman was the anesthetist responsible in sedating the patient before his skull was opened up and then brought back to consciousness during the surgery, just before the tumor is cut out.

UKM said the complex surgery is commonly done to remove tumors that grow in the eloquent brain.

"These are areas of the brain that allow us to communicate, perceive, interact and have movement. They regulate our senses, movement and speech, a very important part of living a normal life.

"What is fascinating about the unique procedure is the patient participated in his surgery by giving feedback to the surgeon, who in turn will react accordingly. It is quite a scene when the patient wakes up during the operation and starts responding to questions," said UKM.

When asked why a patient need to be awake during the surgery, Dr Ramesh explained,"This technique was developed to allow maximum excision of the lesion while causing minimum or no injury to the surrounding normal brain tissue so that the patient has minimal or no functional loss.

"The best way to know that the patient has his functions intact is from his response. You cannot know this when the patient is unconscious."

Dr Ramesh said the patient would be asked to perform simple task related to the critical area while the tumor is removed.

Any changes in function are monitored and the surgeon stops further dissections in the related area if any adverse effect is detected. Though current scanning technology like MRI can pin point where the tumor is but it is not accurate enough.

"By resorting only to the MRI scan, the surgery will be very much like walking in a mine field. Any damage to eloquent areas even by a millimetre can mean living with a disability for the rest of the patient's life. It might harm the ability to speak or move or even think.

"Although functional MRI can show the motor and speech areas, it may not accurately pin point the most important areas and therefore the brain mapping done with direct electrical stimulation on the brain while the patient is awake remains as the most reliable avenue for neurological preservation," Dr Ramesh said.

UKM explained that the brain is not very good at healing itself and if any nerve is damaged it is not going to regenerate.

The patient is given general anesthesia before commencing surgery to render him unconscious. Then the surgeon will get to work and start drilling his skull to gain access to the patient's brain.

Dr Ramesh said sedation is given at the start because the scalp and pericranium (tissue overlying the bone) is pain sensitive while the brain is not.

"Once the skull is opened the anesthesia is reversed and the patient is awakened. Upon completion of the excision of the lesion, the patient is put to sleep again and the skull opening is then closed."