Nationwide rallies to protest amendments to criminal, security laws, say activists

The Malaysian Insider
BY LOOI SUE-CHERN

Civil society groups and political parties will hold nationwide rallies to protest and raise awareness about amendments to the Penal Code and the Security Offences (Special Measures) Act 2012 (Sosma), which activists say are draconian and repressive.

The amendments to Sosma, which were passed in Parliament last month, have taken powers from the courts while bringing back preventive detention, activists told a forum in Penang last night.

Bar Council president Christopher Leong (pic, right) said the amendments of the Prevention of Crime Act (PCA) brought back provisions for detention without trial and questioned if it was even necessary if the Ops Cantas Khas operations by the police had brought down serious crime.

"We will have roadshows nationwide to tell the people why the Bar Council is against the amendments, especially the provision for detention without trial.

"Previously, the campaigns were going on for over 30 years before the Internal Security Act (ISA) was repealed but unfortunately, they now have to start afresh. They have to go on as we have seen the abuses many times," Leong said at the "Return of Preventive Detention?" forum organised by reform movement Aliran in Penang.

He said the ISA was meant to be used to fight communists but the law had also been used to detain political enemies.

"We thought it was finally over, that was it. We thought we could close the chapter, that our campaign was done and dusted,” Leong said, adding that the campaign had to start afresh with the changes to the PCA made on October 2 by Parliament.

Citing reports on Attorney General Tan Sri Abdul Gani Patail's objections against the provision for detention without trial, Leong questioned why Putrajaya did not take the advice of its own chief legal adviser and also presented examples for crime fighting that did not involve reviving the provisions that were previously repealed in the Internal Security Act (ISA) 1960.

He said to tackle crime, the British and Australian governments increased the capacity and ability of policing while the United States used the Racketeer Influenced and Corrupt Organisations (Rico) Act to freeze the assets of suspected organised crime groups during investigations.

In Hong Kong, when the authorities were fighting underworld gangs, the Independent Commission Against Corruption (ICAC) was formed to combat corruption in the police force, he said.

Sepang MP and PAS legal adviser Mohamed Hanipa Maidin said the amendments to the Penal Code had introduced many new minimum sentences that prevented judges and magistrates from using their discretion when passing judgment.

He said that in setting a minimum sentence for an offence, it was as if it had been presumed that every single person who allegedly committed the crime had the same motive.

"When a person commits a crime, it could be due to poverty, coercion or other motivation. With a minimum sentence, the court cannot interfere but to mete out the punishment that has been set," he said.

While having minimum sentences was not wrong, especially when they are for serious crimes like rape, Hanipa said they also made plea bargain meaningless.

An accused who already knows his or her punishment would rather risk a trial and hope to get away due to technicalities than own up and plead guilty, he said.

Hanipa also said the amendments on Sosma were "draconian" and those who saw them would be in "disbelief".

"There is no bail allowed for offences tried under Sosma. It is as if the accused is presumed guilty until proven otherwise.

"Even if the accused is found innocent by the court, the prosecution can still apply for a remand and the court has no power to dismiss the application.

"The prosecution is able to dictate to the court to remand the person again, and this is being done before an appeal against the decision is filed," he said.

Hanipa also said that even after the Court of Appeal affirmed the decision of the trial court, the accused could still be remanded.

Objecting to the amendments, he said it would be better for the court to mistakenly release 10 guilty people than to wrongfully jail one innocent person.

"The problem with the Barisan Nasional government is it is so intoxicated with power. Absolute power corrupts and absolute power is also absolutely delightful," he said, adding that the coalition had always used its two-thirds or simple majority in Parliament to exercise power.

Sosma has provisions for two categories of security offences, which are offences against the state and offences relating to terrorism. Both categories are already in Chapter VI of the Penal Code.

Legislating the same offences under Sosma would enable those accused of committing such crimes to be prosecuted and tried in a more "oppressive manner" compared to a prosecution and trial under the Penal Code.

Hanipa called for a big rally to be organised to protest against the new Section 203A of the Penal Code which prohibits civil servants from revealing any information “which has been obtained by him in the performance of his duties or the exercise of his functions under any written law”.

The penalty for the offence is a fine of not more than RM1 million or up to one year in jail, or both.

"This is criminalising something that is not a crime in the first place. Let's say an MP submits questions in Parliament and gets written replies. Then, the details are shared to the public.

Will those involved get arrested?" he asked.

Aliran exco member Dr Prema Devaraj said civil society groups must continue to engage the government to fight the amendments, apart from organising awareness campaigns and protests.

She said civil society groups had done it for years to get the ISA repealed, and they would do it again. - November 13, 2013.

Ku Nan: I've studied Hinduism too, 'won't fight' with Waytha

GAPENA tolak rayuan Dr Mahathir untuk kembalikan bahasa Inggeris

Father barters 5-year-old daughter for land

Mamnoon claimed the girl’s father was a drug addict, who recently sold his seven years old daughter to another man

By Muhammad Jan Tamkin

A man has bartered his five years old daughter to a boy in return for 1.5-acre of land in northern Jawzjan province, fuelling concerns among rights campaigners.

Maghfirat Samimi, the Afghanistan Independent Human Rights Commission (AIHRC) chief for Jawzjan, Faryab and Sar-i-Pul provinces, identified the minor girl as Asma -- a resident of Darzab district.

She told Pajhwok Afghan News the girl was presently living with her family near the Shiberghan airport. The boy’s family had initially agreed to marry her on reaching puberty.

But now they are adamant on her marriage, according to Samimi, who vehemently denounced the so-called non-age wedding.

She quoted the girl’s parents as opposing their daughter’s sale and seeking help from human rights advocates. In an attempt to wriggle out of the vexing situation, they are ready to return the piece of land.

The AIHRC official said that an application from Asma’s mother for a settlement of the issue had been referred to the police headquarter.

Col. Abdul Malik Mamnoon, the Jawzjan crime branch chief, confirmed the girl’s plea had been under consideration and the problem would be addressed over the next few days. Both parties have been summoned as part of the ongoing investigation.

Mamnoon claimed the girl’s father was a drug addict, who recently sold his seven years old daughter to another man. The girl’s relationship with her in-laws had been tense, he added.

A jovial Asma, blissfully ignorant of the meaning of a marriage contract, said: “I don’t know anything in this regard and want my father to enroll me in school.” She wants to be a doctor or teacher before tying the knot.

Surrounded by three children and her eyes welling up, the girl’s mother acknowledged her spouse had sold another seven years old daughter to a 25 years old man.

Mistreated and beaten, the girl has now left her father-in-law’s house and is living with her parents. She informed her parents of the harrowing circumstances she was living in. He father Ramazan said economic constraints had forced him into selling his daughter.

Meanwhile, a religious scholar condemned the act as un-Islamic. Maulvi Muhammad Osman said Islam has specified a girl’s marriageable age. A person deviating from Islamic teachings would face Allah’s wrath, he said.

The AIHRC official warned cases of child abuse and other unwholesome social customs, if not checked, would rise dramatically. Samimi recalled 86 accident of violence against women and girls were recorded in Jawzjan last year.

Read more: http://www.rawa.org/temp/runews/2013/11/11/father-barters-5-year-old-daughter-for-land.html#ixzz2kYBt6kyP

Sudan: Christian Holds on to his Faith despite Persecution

In Sudan the atmosphere for Christians is becoming increasingly dangerous. Since the secession of South Sudan, the government in Khartoum has made it clear that the country is a Muslim state that will be governed by strict Islamic law (Sharia). The government of President Oman Hassan al-Bashir has made it clear that there is no room for Christians. However, contrary to the desire of the government and society at large, there are Christians in Sudan who are holding on to Christ at great cost.

Moses (not his real name), 31, was born to a successful Muslim businessman in Sudan. As a young man, he helped his father run the business. Sadly, the father died when he was 16 years old. Moses' mother remarried after a short time. An uncle took in the young Moses. But he was not an honest man. He grabbed all of Moses' father's property. When Moses protested, the uncle sent him to a state-run school for "problematic" young people. Moses faced disciplining and Islamic instruction. He endured regular beatings and hard labor. After some time Moses escaped. He found refuge for a few years in a separate town where he made ends meet by doing menial jobs. Then he returned to Khartoum to live with his brother. But that did not last. When Moses and his brother had a disagreement about their late father's property, Moses moved out.

One day in 2011, Moses walked past a church and noticed the cross. He unexpectedly felt "something stirring in him." He entered the building on an impulse and was met by a church elder. They had a brief discussion about the Christian faith. This one conversation led to a number of follow-up meetings. After two years of discussion, Moses accepted Christ. The regular discussions turned into discipleship sessions.

Soon after this, Moses married a Muslim woman, Aida. She regularly joined Moses for church services at the local church and Moses sincerely hoped she would follow him to Christ. But it did not happen. At first, the couple did not tell any of their families about Moses' Christian faith. They thought it best to keep it a secret. But in April, Aida told her mother. Aida's mother was furious. She spread the word. When she told her sons, they immediately went to Moses' house and burned it to the ground. Moses lost everything in the fire, including all of his documents.

Not surprisingly, Aida left Moses. She said she would only return if he renounced his Christian faith. When Moses' in-laws informed his own relatives about his Christian faith, they also started pressuring him to return to Islam. Moses noticed that they started monitoring his activities and realized that he was in grave danger. But he was determined to hold on to Christ. So Moses decided to relocate once more. Like several times before, Moses has had to start all over again. But although he has been separated from his earthly family, God has provided a spiritual family for him. In Sudan, this is a blessing and a privilege not to be taken for granted.

Before secession, most of Sudan's Christians were Southerners. When South Sudan chose independence, it caused a great, almost forced, exodus of Christians from northern Sudan. This has greatly diminished these congregations in Sudan. But thankfully there remains an indigenous local church, and by the grace of God, Moses found a spiritual home in his new town where he is being nurtured and discipled. Open Doors is supporting the small but courageous local Church in Sudan. Open Doors is strengthening efforts of the Church to minister to unbelievers in love and helping converts such as Moses to grow strong in the faith despite the many challenges they face for choosing Christ.

US Navy bribery scandal allegedly linked to Malaysian could be one of its biggest

The US Navy is reeling from a corruption case, allegedly centring on a Singapore-based Malaysian businessman nicknamed “Fat Leonard”, that could turn into one of the biggest scandals in its history.

The case features prostitutes and payoffs for classified details on fleet movements, and the concerns are that the spiralling investigation will ensnare more senior officers. Three officers have been charged in recent weeks and two more are under scrutiny.

Officials acknowledge the full extent of the case has yet to be revealed and that other members from top echelons of the navy could have taken part in an alleged scheme to provide multi-million dollar ship service contracts to a Singapore-based firm.

"We believe that other naval officers, and perhaps some Navy civilians, may be implicated in this scandal," Navy spokesman Admiral John Kirby said.

"We are going to let the investigation take us where it may," he told AFP, declining to offer more details pending the outcome of the probe.

Officials say the case could rival the Tailhook sexual assault scandal that shook the Navy and the Marine Corps in 1991 and focus a spotlight on recurring fraud linked to the Pentagon's vast network of contractors.

The case centres around contracts to provide food, water, fuel, trash removal and other services to American ships visiting ports in Asia.

Prosecutors accuse Leonard Glenn Francis, CEO of Glenn Defense Marine Asia, of conspiring to bribe naval officers and officials with prostitutes, luxury travel and other perks to secure the contracts.

The Malaysian businessman, known as "Fat Leonard" by naval officers, allegedly persuaded the commanders to have their vessels visit ports served by his firm.

He also allegedly had moles in the navy's investigative service, paid to inform him about criminal probes into his company's dealings.

Francis then bilked the navy, overcharging for services or fabricating expenses, sometimes with the knowledge of his partners in the military, authorities allege.

In return, Francis allegedly arranged female escorts, posh hotel rooms and even Lady Gaga concert tickets for officers visiting Singapore or Malaysia, according to the charges.

"Yummy... daddy like," one officer, Commander Jose Luis Sanchez, allegedly wrote in a Facebook message after he was told in e-mails of the prostitutes on offer.

Sanchez, arrested last week, is accused of alerting Francis that officials were questioning more than $100,000 (RM321,150) in expenses billed by his company for a port visit, according to the Washington Post.

Sanchez and others are also suspected of passing on classified details of ship movements and planned port visits to help the defence contractor.

In October 2011, Francis allegedly asked Sanchez to help him seal a deal for his firm to sell fuel to a US naval ship visiting a Thai port.

"Ask and you shall receive," Sanchez emailed him back, according to prosecutors. "We worked this out this morning."

The Navy purchased fuel from Glenn Defense Marine for $1 million (RM3.21 million), more than twice the going market price, according to the allegations.

The Naval Criminal Investigative Service (NCIS) for years harboured suspicions about Francis but could not nail down enough evidence.

But he was lured to the United States in a sting operation, officials said, and arrested in San Diego in September.

And in a rare move, prosecutors have even charged a supervisory special agent in the NCIS in the case.

Among the naval officers charged is Commander Michael Vannak Khem Misiewicz, who was best known previously for his background as a refugee from the Khmer Rouge regime in Cambodia and his adoption by an American woman.

Misiewicz's emotional return to his native Cambodia as a naval officer was widely covered in the media.

But investigators allege that, while he was grabbing headlines, the officer was wooed by Francis to help his contractor firm.

The case comes despite vows by naval leaders to crack down on bribery and corruption after a 2011 scandal that involved kickbacks worth $10 million (RM32 million).

In that case, a naval civilian employee was accused of approving work for a contractor which then funnelled money back to him. As a result, officials set up a special panel to prevent future fraud. - AFP, November 13, 2013.

Malaysia: A fractured, polarised nation

What is the point of Talent Corporation spending hundreds of millions of taxpayers monies in an endeavour to attract Malaysians to return home when racial polarisation is on the increase in their nation?

The social contract, social compact or bargain reached by the three communities under the watchful eye of the British imperial power as a condition to Merdeka, was that in exchange for full citizenship, a right to use their language and observe their religion, the non-Malays had to concede special privileges to the Malays to assist the latter to ascend the economic ladder. It was a quid pro quo.

It was a consensus arrived after hard bargaining, and has formed the basis of nationhood. In this equilibrium, the non-Malays were not to be relegated to second class citizens: citizenship was not on a two-tier basis and there was going to be no apartheid, partition or repatriation.

What was required from the non-Malays at the time of Merdeka was undivided loyalty to the new nation. They could no longer owe their allegiance to the mother country, China or India.

Racial differences were recognised. Diversity was encouraged. There was no pressure to integrate into one Malayan race. A new nation was to be integrated over time, but as a plural society. Assimilation was out of the question.

Thus, a united Malayan nation did not involve the sacrifice by any community of its religion, culture or customs. Minorities were not to be discriminated in a system of parliamentary democracy based on constitutional supremacy. In many respects, the establishment of Malaysia strengthened the social contract.

Any reason to celebrate?

But as Malaya completed 56 years as an independent sovereign nation on 31st August, and more significantly, Malaysia turned half a century on 16th September, do the 26 million Malaysians have reason to celebrate? Unfortunately, the popular response would be very much in the negative.

The twin forces of race and religion have substantially polarised the nation. Every issue of public life, however minor or insignificant, is given an ethnic undertone by the politicians and the civil service and glaringly publicised in the government controlled mass media.

Totally absent in the national landscape is a statesman like the Father of Merdeka, Tunku Abdul Rahman, the first Prime Minister, who was prepared to speak for the nation and the public weal, rather than from a parochial or sectarian perspective

Even after the closest general elections in our history, with the coalition governing the nation not enjoying majority popular vote and with the next general elections only due in five years, politicking of the worst kind continues daily. The Prime Minister is not giving the leadership that he sought from the electorate, and which he received.

With a 44-seat majority in the Dewan Rakyat, the Barisan government has a majority which is the envy of many governing coalitions across the globe. Yet, a sense of paralysis grips the centre.

Mounting debt, crime and ethnic tension

Bread and butter issues, which largely featured in the election campaign of five months ago, have still not been addressed at all. Not a day goes by without murders, rape and armed robberies occurring in our homes and our streets. Rampant crime has undermined law and order.

The economy has been shaken by mounting debt; not just the national debt, but also consumer and corporate debt. Comparisons have already been made to the run-up to our 1997 financial crisis, which was principally caused by a proliferation of debt.

Thousands of Malaysian companies and nationals speak with their wallets; they just take their money overseas in the billions. Our currency has received a battering in the last month, resulting in speculation that Bank Negara may have to intervene to prevent further depreciation of the ringgit.

Bread and butter issues, as important as they are to the average Malaysian, still pale in comparison with the massive increase in ethnic tensions. What is the point of Talent Corporation spending hundreds of millions of taxpayers monies in an endeavour to attract Malaysians to return home when racial polarisation is on the increase in their nation? Thousands of non-Malays have done brilliantly in businesses, professions and other private sector areas in Malaysia. They have flourished regionally and internationally in every society that values meritocracy.

Hence there is a huge pool of talented non-Malays willing to be engaged in the public service. Yet in their homeland, the civil service, the GLCs, the universities, the army, the police — indeed senior positions in the entire public sector — are dominated by one race. How does one justify such massive hiring of personnel from one race to manage national institutions where national policies are made in a nation of multiple communities that claims there are no classes of citizenship or nationality.

Playing our part

It is accordingly critical in the public interest that politicians of all parties cease polarising the nation any further. All Malaysians must be treated with sensitivity and delicately. Feelings of communities, however weak and influential, must not be hurt. Hate speech must be avoided at all costs.

The government must set the lead; after all, the whole purpose of electing leaders is for them to lead the nation. They must cease immediately playing the racial, religious and ethnic card and take policy decisions that would promote a plural society. If all these actions can only be taken by a government of national unity, that is, a grand coalition of Barisan and Pakatan parties, the national interest compels such an urgent outcome.

There is a genuine widespread concern that we must all play our part in rolling back the loud public discourse on race and religion. This is an awakening call.

Unless remedial measures are taken soon, young Malaysians who have the world at their feet, will desert the nation because they feel they have no place under the Malaysian sun. They are our future, but they see no future at home. That is the tragedy that must be avoided this Merdeka, and this 50th Malaysia day.

Tommy Thomas, a leading constitutional lawyer, is a long-time contributor to Aliran.

Sakti should be replaced too then

The leaders are protecting the citizens from being misled and I like the judgment of their people - they don’t know how to differentiate it so to ease confusion, we withdraw the loan words. To prevent confusion, the word can now be partially used by some and not by other states.

Navin, Karan

Languages originate from other languages or produce another language; it will never emerge on its own. The old languages struggle when it comes to the modern world with new technological words, where language scholars will give up and loan those words from another language. Modern languages loan words from the older languages too – e.g Parkir (Parking) which refer to tempat letak kereta. Lending and borrowing doesn’t make the language stupid, it doesn’t mean the language is not civilized but it helps in the continued usage of a language.

Languages never had problems with other languages like how religion has/had; it gets victimized by the practitioner, yes the religion practitioner. Things get better when the language can speak for themselves - unfortunately the alphabet is not made up of living creatures but helps to make mankind civilized. It reminds me of the quote in John 1:1, “In the beginning was the Word, and the Word was with God, and the Word was God”. In layman's terms, which is the direct translation – each word belongs to Almighty God. This means every language belongs to God, we cannot blame God for choosing Sanskrit in the beginning, followed by Hebrew and then finally Arabic to give knowledge to the humans. Can we blame God for the language evolution over the eras?

Lately, there were words banned especially the word (nanana, I obey the leaders decision. I will try not say it till the end of this article). I strongly adore the way leaders stinks, no no THINK I mean. English language, don’t get me into trouble! The leaders are protecting the citizens from being misled and I like the judgment of their people - they don’t know how to differentiate it so to ease confusion, we withdraw the loan words. To prevent confusion, the word can now be partially used by some and not by other states.

Concerning the ‘misleading’ or “confusion’ of language, we should consider other words too. There is a common word used in daily life, that is not only misleading but indirectly praying, oh gosh ... PRAYING to a different god – if you think there are too many gods!! SAKTI, it originates from Shakti/ Sakthi- which means ‘power’ referring to cosmic energy in Hinduism. Shakti/sakti is the concept of divine feminine creative power, referred to ‘The Great Divine Mother’ – Durga, Mahakali, Parvati and the list goes on.

The Shakti goddess can be viewed in the context of science where the feminine Shakti manifests through female embodiment and creativity/fertility, though it is also present in males in its potential, unnoticeable form. Shakti is cosmic existence as well as liberation, the most significant form being the Kundalini Shakti. If you still can't quite get what is Kundalini, this is one of the examples where English has to borrow like how it does for Yoga (Sanskrit originally).

Referring to the above paragraph, if we are talking in the context of science, then each time we insert ‘Sakti’ into our Malay language, it carries a different meaning. Example – Kita bukan penentu tapi tuhan yang maha sakti, lagi maha berkuasa, now you get the actual meaning. By the way, maha in Arabic means a woman with beautiful eyes and in Sanskrit means great. It usually follows with another word - Maha Avathar, Maha Brahma etc likewise in Malay, Maha Berkuasa, Maha Penyayang. Now, is the ‘maha’ referring to power or goddess?

With my above justification on sakti, it will never go wrong when you know what you are referring to and the context referred to. I am leaving to the readers to judge whether we should ban and take ownership - ‘trademark’ it - since every word - not vulgar words, let satan take the ownership of vulgar words - gives more exposure to the right path to our community and not block the language since its duty is to communicate and ease any explanation on certain words.

Hope we don’t further ban the words Firman, Wahyu, Iman; these are commonly used in both holy books (Malay language version). Replacing other words to their articles or in holy books may mislead the interpretation. I am ending the article with a bhajan (devotional lyrics):

Raghupati Raghav Raja Ram, Patita Pavan Sitaram
Sitaram, Sitaram, Bhaj Pyare Mana Sitaram
Raghupati Raghav Raja Ram,Patita Pavan Sitaram

Ishwar Allah Tero Nam,Sabako Sanmati De Bhagawan
Raghupati Raghav Raja Ram, Patita Pavan Sitaram...

Gov't moves to suspend Surendran for six months

PARLIAMENT A motion has been proposed in the Dewan Rakyat to suspend PKR vice-president N Surendran for six months from the August House for allegedly insulting the House speaker, Pandikar Amin Mulia, and tarnishing the good name of the House itself.

It is expected to be moved tomorrow, and will be proposed by a Minister from the Prime Minister’s Department.

This was revealed through a green paper to notify of the motion which was on the tables of all the MPs today.

Surendran, who is the Padang Serai MP, allegedly made the offence during a press conference at the Parliament lobby yesterday morning shortly after he was ejected from the House by Pandikar Amin (left) for attempting to bring an emergency motion on the demolition of the annexe to the Sri Muneswarar temple in Jalan P Ramlee.

During the press conference, Surendran said that the speaker was “biased” and also said that the facts about the temple demolition given by the Federal Territories Ministry, which was repeated by Pandikar Amin, as being “utter lies”.

Surendran has already been ejected from the House once earlier this session for attempting to bring an emergency motion about the death in custody case of P Karuna Nithi.

Previously, in 2010, Opposition Leader Anwar Ibrahim along with opposition MPs Karpal Singh, R Sivarasa, and Azmin Ali were suspended from the House for six months after the motion was passed without any debate.

They were suspended due to allegedly “misleading” comments they had made about the government's 1Malaysia slogan, where they had claimed that the slogan was inspired by an Israeli initiative.

In March 2009, Puchong MP Gobind Singh Deo was suspended for a year from the House for calling Prime Minister Najib Abdul Razak a “murderer” during a heated debate in Parliament.
When contacted later, Surendran labelled the motion as an attempt to “stifle” his voice and that he would defend himself when the motion is moved in the Parliament.

“My question is - is the speaker above criticism?” he asked.

“This is a ridiculous and extreme motion, when I have committed no other offence except to criticise the speaker,” he said.

Kula: Sri Lankan killings gravely concern Tamils here

DAP national vice-chairperson M Kulasegaran told a conference of diaspora Tamils in Mauritius last week that opposition parties and NGOs in Malaysia were relentless in pressing the government to boycott the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka that begins on Friday.

The Ipoh Barat MP said Malaysian support for the boycott would go a long way in bringing across to the government of Mahinda Rajapaksa the gravity of international concerns over human rights abuses in the country during the civil war there (1983-2011) and in its immediate aftermath.

Thus far, the Canadian and Indian governments have announced that their heads won't be attending CHOGM because of rights abuses that have gone unpunished in Sri Lanka.

Kulasegaran (left) told the conference that Malaysia is a member of the United Nations Human Rights Council which made it incumbent on it to reject a policy of non-interference when grave human rights abuses had occurred within a national jurisdiction.

"Last year, the president of Sri Lanka was invited to speak at an Islamic conference in Malaysia. There was a hue and cry on the president's intended visit to speak. Later this invitation was cancelled and he called off his visit," Kulasegaran told his Mauritian listeners.

However, the DAP legislator noted that the Malaysian government did not sustain this apparent protest over human rights abuses in Sri Lanka when it yielded to Sri Lankan pressure to harass NGO activist Lena Hendry, who was responsible for screening the acclaimed documentary 'No Fire Zone - The Killing Fields of Sri Lanka', a graphic film on the atrocities committed in the final phase of the civil war in that country that ended in May 2011.

KL bowing to Colombo's pressure

Kulasegaran told the conference that the issue of human rights abuses in Sri Lanka was of big concern to Tamil Malaysians.

"I was present (during the raid on the screening of the documentary) and it looked as if the government was bowing to Sri Lankan Embassy pressure," he said.

Kulasegaran said he had called for the dropping of charges preferred by the Malaysian government against Lena (left) and others involved in screening of the documentary.

The federal lawmaker also informed the conference that Tamil language and culture was set for continuity in Malaysia, where he said 60 percent of parents sent their children to Tamil schools for primary education.

He also said that poverty was rampant among the eight percent of the Malaysian population of 28 million who were Indians, mainly of Tamil origin.

Efforts to advance their socioeconomic condition suffered from a lack government aid and from a paucity of opportunities for the community to acquire tertiary academic and technical education, Kulasegaran added.

Unions accuse Subramaniam of making 'false report'

Health Minister Dr S Subramaniam has come under fire from two union bodies - the Malaysian Trades Union Congress (MTUC) and National Union of Bank Employees (Nube) - for making a "false report" to the International Labour Organisation (ILO) two years ago.

PKR's Kuala Langat MP Abdullah Sani Abdul Hamid, who conducted a press conference on behalf of MTUC at the Parliament lobby today, accused Subramaniam of making the inaccurate report pertaining to Nube's court case against the Director-General of Trade Unions (DGTU).

On Nov 7, the High Court dismissed Nube's attempt to challenge the DGTU's registration of an in-house union for Maybank.

However, MTUC president Khalid Atan (left) said in a statement distributed in Parliament today that Subramaniam had reported to the ILO that the court decided in favour of the DGTU on Oct 5, 2011 itself, two years before the actual decision was made.

Subramaniam was human resources minister at the time he was accused of making the false report to the ILO.
Abdullah Sani said Pakatan Rakyat MPs would seek to refer Subramaniam, who is also MIC deputy president, to the parliamentary labour caucus for his alleged action.
Ministry waiting for case to be over

They also stated NUBE's intention to appeal the High Court decision and vowed to restrict the DGTU from registering any new union bodies until the appeal process is over.

Subramaniam's statement to the ILO was in the form of a government reply to the organisation in response to a complaint filed by MTUC with the ILO in April 2011.

In Paragraph 868 of the ILO report, the government was cited as saying that "the decision of the DGTU to register MAYNEU was challenged in the High Court, and the court has decided that the registration is valid and within the power of the DGTU".

Deputy Human Resources Minister Ismail Abd Muttalib later told the Parliament that the ministry would look into the allegation, while saying that he was not at the ministry when the alleged false reporting took place.
In a press release late this evening, the human resources ministry said that it had replied to the ILO with the following:
""The decision of the director-general of trade unions to register MAYNEU is currently being challenged in the High Court and the trial has commenced.

"Thus, we are of the view that we should not give any remarks, opinions or comments until the case are finally disposed off."

Has Waytha finally found his voice?

YOURSAY ‘You are again going to be told to ‘toe the line' by Najib, and you will soon go into hibernation, again.'

Waytha to Ku Nan: You've no business in Hindu affairs

Onyourtoes: Persatuan Hindraf Malaysia chairperson P Waythamoorthy, who are you to tell Federal Territories Minister Tengku Adnan Tengku Mansor that he has no business in Hindu affairs.

The Court of Appeal has just decided that Christians cannot use a certain word in the practise of their faith. So why should there be any difference when it comes to Hinduism? Because you are a deputy minister in the Prime Minister's Department?

Anonymous #03815719: You are again going to be told to "toe the line" by Prime Minister Najib Abdul Razak, and you will soon go into hibernation, again.

Enuf: Waytha, so you mean to say that you are qualified to speak on Hindu affairs? This, from the man who abandoned his comrades at the last minute and endorses their enemy while his own brother goes to jail?

You enjoyed your holiday on your so-called self-exile in Britain, while the rakyat believed that you will actually sue the Queen of England on their behalf.

Ketuanan Rakyat: Waytha, what are you still doing in the PM's Office? Cleaning Najib's table? If you have any self-respect left, you should resign from your position.

You betrayed your brother and sold out Hindu Malaysians. Please do not pretend to be a Hindu sympathiser when you continue to remain in government.

Meanwhile, those who say this temple was built illegally, please remember there was no master plan for Kuala Lumpur in 1912. When the master plan was drawn, it should have taken this temple into account.

Where is the RM5 billion plan to uplift the Indian community? BN does not have anything for others, except Umnoputras.

NCRWarrior: So the memorandum of understanding with Najib before GE13 has got Hindraf fooled. Waytha, what therefore is the value, purpose and meaning of your deputy ministership now?

To you, Waytha, you receive a guaranteed ministerial salary, allowances and perks and later, pension. But for Persatuan Hindraf Association members and supporters, it is only more temple demolitions and humiliation.

So the lesson is, don't trust Najib. Fool me once, shame on you. Fool me twice, shame on me.

Babylon: Correct Waytha, he has no right... but he still speaks. But what are you going to do about it?. Shout from the rooftop? Do you think they care? Think again.

Robert Lim: Hindraf has always shown and displayed courage when it comes to the plight of Indians. It has the guts to say things, unlike other leaders who would serve their master.

Once again Waythamoorthy has shown he is willing to take the bull by its horn. The MIC leaders would not dare say this. If Waytha is asked to resign, I think he would do so.

Not Confused: Waythamoorthy, too little, too late, my friend. By keeping silent for so long after such blatant vandalism and ridiculous claims by the equally dim and nasty piece of work by Tengku Adnan, you have forfeited your position as spokesperson for Hindus and should resign immediately in protest.

Thana: As a Hindu, our religion has withstood time immemorial. So all human beings can comment on it because it is a tolerant religion.

The subject matter is important to all Malaysians, especially Hindus. I believe a lot of Hindus want an orderly development of Hindu temples, not on roadsides, junctions, near food stalls, etc.

More importantly, temples should not be in way of development. Please follow Singapore's example and form an apolitical group to resolve the relocation and amalgamation of the small Hindu temples.

Hindus in Malaysia must be proud of Batu Caves, the stone caves in Ipoh and the Waterfall Temple in Penang. They are tourist attractions too. So do not be emotional and support development programme which benefit all, including Hindus.

Chandra Palasingam: The primary purpose of a Hindu temple is for the Hindus to pray in. Why is our government under the impression that it is for tourists?

Franco: Dear Waytha, do you really think by making all this noise Ku Nan will shiver in his pants? Let's be objective here. Can you not broker a deal with the DBKL (City Hall), Hap Seng and the Sri Muneswarar Kaliyamman temple committee for a win-win solution?

Remember IGB and Mid-Valley development and the temple within its vicinity. What do you think took place when the powers at IGB decided to not only renovate but eventually beautify the entire temple and ever since have contributed to its running, monetary and in kind.

A good leader could be judged by how he/she can make the best of a difficult situation and turn it into a positive one without making any party coming out feeling like a fool. If everyone wants to stand their ground, then no one is a winner.

Odin: But Waythamoorthy, it is the business of those Umnoputras and their shameless, brainless, servile sycophants to be experts in anything and everything.

You have a judge who, after conducting a shallow, incompetent, quick research on the Internet, could determine what was or what was not integral to Christianity, a minister who voiced out his assumptions as if they were facts, yet another minister who didn't know a thing about advertising ordering GLCs to buy advertising space in those cheap, low-grade toilet rolls owned by his political party, etc.

Now watch it, Adnan may even ask you to return to India, or worse, ask that your citizenship be revoked.

Paul Warren: Waytha, you are now stopped from keeping Umno ministers from deciding what is and what is not part of Hinduism. Whether it is a shrine, temple or deity, it is for the relevant Umno minister to decide.

After all, you did maintain your dignified silence over the 'Allah' issue, allowing Umno to trample over Christian practice. You acquiesced in their actions. So now you learn from them what is and what is not a shrine.

---

The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda.

Uthaya a step closer to appeal

After prolonged delays Uthayakumar's legal team has successfully pushed for a High Court judge to manage his appeal case.

KUALA LUMPUR: Convicted Human Rights Party pro-tem secretary-general P Uthayakumar is now a step closer to appealing his 30-month prison term, following his legal team’s success in obtaining a High Court judge to manage the case.

Over the past five months, Uthayakumar was unable to proceed with an appeal against his sedition conviction due to the absence of judgment grounds yet to be prepared by Sessions Court judge Ahmad Zamzani Mohd Zain who convicted him.

As Ahmad Zamzani again failed to submit his written grounds today, Uthayakumar’s lawyer Avtar Singh Dhaliwal has requested for the case management to be conducted by a High Court judge, instead of a deputy registrar.

The deputy registrar agreed and fixed Dec 9 for the next case management before judge Azman Husin.

When met outside the court room, Avtar said that the development is a positive step forward.

He said he would address the judge regarding the hindrances they as a legal team were facing in their efforts to progress with this appeal case.

Uthayakumar, brought in from Kajang prison made a brief appearance in the court room looking weary and grey haired.

He led about 20 supporters who were in attendance at the court room to chants of “Long live Hindraf!” before he was led away by prison officials.

Uthayakumar was convicted for writing an open letter to the then British Prime Minister Gordon Brown highlighting the alleged systematic marginalisation of the Indian community by the Malaysia government on June 5.

His estranged brother, P Waythamoorthy, was ironically sworn-in as a deputy minister in the BN cabinet, on the same day of his conviction.

I’m not defending Ambank shooter, says Surendran

However, the Padang Serai MP stresses that the suspect is entitled to full legal defense.

KUALA LUMPUR: Padang Serai MP N Surendran said today that he has no intention of defending the security guard who brutally killed a bank officer in Subang Jaya last month and added that what a blogger wrote about him as “disgraceful and sickening.”

Despite previously denying he was the lawyer for murder suspect Laode Ardina Laode Rasila, Surendran was still subjected to online abuse following controversial Umno blogger Papagomo’s claim that he (Surendran) was to represent the shooter.

“This rumour started a month ago when the disgraceful and sickening Papagomo started spreading lies on his blog,” Surendran told FMT.

“There is absolutely no truth to this and I do not know this man (Laode). I have no intention of defending him.

“This is a complete and utter lie that is being repeated again and again. I don’t know why people would listen to such a liar,” he added.

Indeed, Surendran believed that Laode should receive the highest form of punishment possible for shooting point-blank at Norazita Abu Talib as she was opening the bank vault before calling it a day.

“If you ask me, he should be tried and convicted and receive punishment to the fullest extent for his terrible crime,” he said.

However, the PKR vice-president reiterated that Laode was entitled to a full legal defence despite the horrible nature of the crime.

“Whatever the crime, a suspect is entitled to a full legal defence, and everybody should accept that,” he said.

He explained that “in the middle of paranoia,” there were some who think Laode is not entitled to it.

“Although it is a horrible crime, he is entitled as this is a democratic system,” he said.

On Sunday, Laode was arrested at 7am at Kampung Belungkor, Kota Tinggi in Johor Bahru – the last suspect to be nabbed – by a group of special police force from the Ops Cantas Unit.

Bukit Aman CID Director, deputy Commissioner Hadi Ho Abdullah said with the arrest, they believed that the case is solved.

On Monday, Inspector-General of Police Khalid Abu Bakar said the security guard confessed to the crime during interrogation and informed that another man was involved in masterminding the robbery.

Khalid then added that police were now hunting for the other man, also an Indonesian known as Joemar, who was believed to be the security guard’s friend.

‘Why racial segregation for matriculation exam?’

A DAP leader alleges that the Education Ministry had segregated Malay and non-Malay students sitting for a matriculation exam conducted recently.

PETALING JAYA: A DAP leader today urged the government to explain on why it had segregated Malay and non-Malay students during a matriculation examination conducted recently.

Perak DAP vice chairman A Sivanesan said that he had received many complaints from parents nationwide claiming two separate exam halls were used to separate Malay and non-Malay students during the exams.

He said that the matter was also highlighted in a Tamil daily on Monday, where non-Malay students in a matriculation centre in Gopeng, Perak were instructed to sit in a separate hall during the exams.

“Following the news report, I received many similar complaints from many other parents.

“One of the complainant, who hails from Johor, said that there were 2,500 students who sat for the exam in a centre in the state.

“But the non-Malay students, about 200 of them, were placed in a different hall from their Malay course mates,” said Sivanesan, via a statement.

Sivanesan then urged the Education Ministry to explain the matter, claiming the whole set up could be construed as being racially motivated.

“I do not see any reason why the ministry must have two separate halls for Malays and the non-Malays when they are sitting for the same exam,” said the Sungkai state assemblyman.

He also challenged Deputy Prime Minister Muhyiddin Yassin, who is also Education Minister, to come clean on the matter.

“Is Muhyiddin brave enough to explain this matter to the public or does he plan to sweep it under the carpet?” asked Sivanesan.

UMMC: We searched for missing patient

UMMC refutes claims that they did not assist the missing patient's wife in re-admitting him to the hospital.

PETALING JAYA: University Malaya Medical Centre (UMMC) director Dr Ikhram Shah Ismail today revealed contradicting details on the incident where a patient, S Sashi Kumar, went missing from the hospital on Monday.

He out-rightly rubbished Sashi’s wife, S Ratha’s claim that she was asked to send her husband back to the hospital on her own accord after he was found by his friends.

Sashi who hails from the longhouse settlement in Petaling Jaya had been admitted to UMMC surgical ward and was under the care of a neurosurgeon for head injuries following an accident.

Ikhram said investigations by the hospital revealed that efforts to look for Sashi were done immediately by the staff upon realising the patient is missing that evening itself.

He further said that when their search was futile, they contacted the patient’s wife and made a police report too.

Ikhram confirmed that the hospital received a call from Ratha at 11.27 pm on Nov 11, informing them that Sashi was home and she further requested for an ambulance.

“We sent an ambulance and the patient was readmitted at12.04 am (Nov 12).” he said.

However Ratha told FMT that the hospital told her to wait as all the ambulances were out or find her own way if she is in a rush.

Ratha said as she could not afford a taxi and had no choice but to wait for the ambulance.

“I had to wait for nearly five hours for the ambulance to arrive.” said the nine months pregnant lady.

In refuting the accusation made by Ratha, Ikhram defended UMMC by saying that the hospital has all the necessity records as proof.

‘No finger prints taken ’cause machete had curved handle’

Lawyers questioned how an experienced police officer could miss out such a vital evidence gathering procedure.

PETALING JAYA: Police officer, ASP Fon Thiam Seong, the investigating officer (IO) in the murder of D Dinesh in Aug 2012, today told the coroner’s court that he did not dust the weapon allegedly used by Dinesh for fingerprints as the machete had a curved handle.

This reply was given by Fon when questioned by lawyers Eric Paulsen and G Sivamalar at the Ampang court this morning.

Speaking to FMT, Eric expressed shock over the explanation given by Fon and questioned how an experienced police officer could miss out such a vital evidence gathering procedure.

“During the inquest, we asked why there were no fingerprint reports, the officer said the machete had a curved handle thus they could not get any fingerprints from it.

“It is such an important and essential matter and the answer (given by Fon) is just not convincing. With his experience how can he say such a thing?” Eric said.

Eric stressed that the Deputy Public Prosecutor (DPP) seemed to be disinterested in trying to locate the two civilians who claim to have witnessed the incident and may be able to shed some light into the inquest.

“During the first hearing we mentioned that there were two witnesses to the incident but the DPP does not seem like he is interested in the fact.

“The two witnesses have given their statement to the cops.

“We have informed the magistrate again and a subpoena will be issued by the court to call these two key witnesses,” Eric added.

SOP sought

On another key point, Eric said that the court will also write to Bukit Aman’s law department, to obtain the standard operating procedure (SOP) to be followed by police officers during a shoot-out.

He said that the SOP is important to the inquest as it would explain the proper action required to be taken by a police officer during such incidences.

“On this matter, we had asked for the cops to provide us with their SOP during the previous inquest hearing, but they have not provided it and now they say they can’t give it out,”

“The court will write a letter to Bukit Aman requesting for the SOP. We need the SOP to understand how the investigation is carried out. The police should provide their SOP during the inquest,”

Eric also slammed the DPP for not being impartial during the inquest.

“The DPP was like an assistant for the cops. This is an inquest where we need to determine the cause of death and if any foul play was involved,” Eric shrugged.

Besides, ASP Fon, Dr Nurliza Abdullah from the Kuala Lumpur Hospital Forensic Department also testified and confirmed that Dinesh was killed by a bullet that went through his right ear.

The next inquest hearing is scheduled for tomorrow morning.

On Aug 21, last year, Dinesh a 26 year-old was shot by police in the wee hours of the morning while traveling with friends.

He sustained gun shot wounds to his head and arm and died two days later at the Ampang hospital. Police claimed that Dinesh tried to attack them with a machete.

Dinesh’s friends, who witnessed the shooting, had claimed that the group, who were traveling in several cars, were heading for supper when they were blocked at the traffic light near the Ampang Waterfront by two Proton cars.

They said plainclothes police officers had alighted and opened fire indiscriminately on the group after Dinesh had got out of his car to inquire about the situation.

Temple wreck: More than what meets the eye

Why was there a need to cut off electricity and water supply to the Sri Muneswarar Kaliyaman temple if the government wanted to beautify the site?
COMMENT

The demolition of the Sri Muneswarar Kaliyaman temple, located in the Bukit Bintang Golden Triangle area, last weekend has angered Malaysian Hindus and several politicians from both sides of the divide.

On top of being disrespectful to the sensitivities of the religious minority, many are also upset that DBKL had demolished the temple despite a Cabinet directive to reach an amicable solution with the affected parties.

And instead of rebuking DBKL, Federal Territories Minister Tengku Adnan Mansor defended the act, saying the DBKL was attempting to ‘beautify’ the sacred place.

The most mind boggling comment came from none other than the MIC president G Palanivel, who said only stalls at the vicinity were removed. But the entire episode has left several questions unanswered.

The main question is that why would Tenaga Nasional Berhad (TNB) and Syabas cut off power and water supply to the temple if it was an attempt to beautify the place?

On top of that, why would the Federal Territories Ministry choose to ‘beautify’ the temple at 7am on a weekend, with about 300 officers from five government agencies being present there.

The agencies involved on the day were from DBKL, Land and Mineral Department, TNB, Syabas and the police.

Now, can anyone recall when was the last time five government agencies got involved in a temple issue, unless a demolition is taking place?

The unusual thing about the whole ‘beautifying’ process is that the police cordoned all main roads leading to the temple, Jalan Raja Chulan, Jalan Sultan Ismail and Jalan P Ramlee, to ensure no one approached the area.

Why is DBKL is helping a private firm?

And Tengku Adnan said that the funds to beautify the temple will be provided by the developer involved in the land dispute over the temple.

So, five government agencies came about demolishing a temple so that a private developer could provide money for the temple committee to beautify the site? Interesting, is it not?

But the minister also pointed out that the temple would be rebuilt on the existing site, but on a smaller plot of land.

So, what is the real issue here? It seems that the whole incident has something to do with a directive issued by DBKL to the developer involved in the matter.

Upon embarking on a development project near the area, it is said that the developer was told that it would only be given Certificate of Fitness(CF) if it built an eight-foot walkway along the building.

However, the walkway will have to occupy some portion of the land where the temple is located, which is along Jalan P Ramlee.

But this also raises another question. Why is DBKL is so accommodating of the developer, to give the eight feet of land housing a temple which has been there for 100-years?

Why didn’t the developer meet the condition upon embarking on the development project?

And instead of penalising the developer for not doing so from the beginning, DBKL is helping the private firm, so much so that the existence of a temple is under threat just to build a walkway.

Meanwhile, the umbrella body for Hindus, the Malaysian Hindu Sangam is keeping mum on the matter till today, giving the impression it is nothing more than a toothless tiger.

Ku Nan steps away from apology call

When asked to comment on P Waythamoorthy’s criticism, the FT Minister asks reporters if they are trying to pitch him against a fellow Cabinet member.

KUALA LUMPUR: After coming under fire for allegedly insulting Hinduism and Hindus by interpreting on what constituted a Hindu shrine or temple, Federal Territories Minister Tengku Adnan Mansor today alluded that no apology was needed.

Instead, he turned on the reporters accusing them of trying to pitch him against his fellow cabinet member. He also claimed to be some sort of a religious expert by saying: “I’ve studied Hinduism, I’ve studied Buddhism, I’ve studies Christianity.”

Yesterday, Hindraf chairman and Deputy Minister in the PM’s Department P Waythamoorthy said Tengku Adnan should stay away from Hindu religious matters since the minister had no knowledge on practices and beliefs of Hindus.

He called Tengku Adnan to immediately apologise to the Hindu community for the demolition of the 101-year-old Hindu temple, Sri Muneswarar Kaliyaman Alayam, at Jalan P Ramlee in Kuala Lumpur, merely a week after the Deepavali festival, and also for his unwarranted interference with Hindu religious affairs.

Tengku Adnan however refused to comment on Waythamoorthy’s demand for apology for allegedly insulting their religion.

“Why do you want to pitch me against him? He’s a Cabinet member…it’s up to him (to say what he wants),” the Umno secretary-general said when met by reporters in Parliament.

“I don’t want to comment on his statement. There is no need for me to comment. I do not want to start a fight with him.”

Tengku Adnan said: “I’ve studied Hinduism, I’ve studied Buddhism, I’ve studies Christianity. There are rules and regulations when it comes to building a temple…for example, there are some places where we allow some people to operate, like a car park.

“But towards the end, when it’s people’s land, when people want to develop (that land), they start to protest and say you can’t do that. It’s not fair (on the developers).

“I do not like to make people unhappy. I don’t like to hurt people’s feelings. Your religion (is) your religion, my God is my God,” said Tengku Adnan.

Abusing religion

When asked to respond to the fact that some quarters were unhappy with his remarks on what constituted a temple and a shrine, Tengku Adnan suggested that those people were “using” religion for their own gains.

“Certain people, maybe they don’t follow (the religion), but they just use the religion for their own gain. Same like people in the mosque who use religion for their own gain.”

He then turned on opposition party PAS, whom he claimed used Islam to gain votes. “You ask PAS. (The party says) if you don’t vote for PAS, you don’t enter heaven.”

On Sunday, an estimated 300 DBKL enforcement officers and police personnel demolished the temple without proper notice.

The temple had been issued an eviction notice on June 13, ordering it to vacate the premises before June 26. The order was issued so that a developer could build a multi-storey building.