Share |

Tuesday, 15 April 2014

NGO Islam: Mualaf tidak culik anak

Zahid backs IGP's refusal to act on Deepa's case

Bhakkar cannibals return to eating human flesh


Express News screengrab of the brothers.

BHAKKAR: Two brothers who were previously found guilty of cannibalism and detained by the police have now returned to eating human flesh and an FIR has been registered against them on the charges of terrorism, Express News reported on Monday.

Arif and Farman, who are from the small town of Darya Khan in Bhakkar district, were first arrested in April 2011 after they were found to have disinterred corpses in the local graveyard for the purpose of eating them.

It was reported that the brothers had dug up and devoured parts from upto 150 bodies before they were finally caught.

Today, the police conducted a raid at their house and recovered the head of a boy. According to DPO Bhakkar Ameer Abdullah, Arif has been arrested and he admitted to eating human flesh while his brother Farman is still on the loose.

Search operations are being conducted to arrest Farman.

Since Pakistan has no specific laws against cannibalism, they were originally arrested under the Maintenance of Public Order (MPO) section of the Pakistan Penal Code (PPC), and were later charged under section 295-A of the PPC. They were sentenced to two years imprisonment and fined Rs50,000 each.

After the completion of their sentence, they were released from Mianwali’s district jail and returned to their hometown, to the shock and outrage of residents.

Interestingly, the two brothers had spent most of their two year prison term in King Edwards medical college Lahore, where they were being examined by the neurophysiology department.

Zahid backs IGP's refusal to act in Deepa's case

Home Minister Ahmad Zahid Hamidi is backing Inspector-General of Police Khalid Abu Bakar's refusal to act against a Muslim convert father accused of kidnapping his son from the Hindu mother.

"What has been stated by the inspector-general of police is an official stance of the Home Ministry," Zahid told journalists in Kuala Lumpur when asked if the police would act on the complaint.

The mother, S Deepa, has complained that her ex-husband Izwan Abdullah assaulted her and took away her son after the High Court in Seremban on April 7 granted her custody of her six-year-old son and nine-year-old daughter.

However, there is also a contradicting syariah court order issued last year granting Izwan custody of the children, whom he converted to Islam without Deepa's knowledge.

Khalid said police will not act due to the conflicting orders of the two courts and urged the estranged couple to "talk it out".

Scant details on kidnapping

On a separate matter, Zahid said the authorities are negotiating to reduce the ransom for a Chinese tourist and Filipino worker kidnapped from Semporna, Sabah, on April 2.
 
However, he declined to reveal further information, citing the safety of the hostages.
 
"The police are working with a number of parties that are capable of negotiating directly with the kidnappers.
 
"The kidnapping is solely for profit and it is dangerous for the police or me to reveal about our moves to save the hostages," Zahid said.
 

Islamic NGOs: Taking away son is 'not kidnap'

 
A group of Islamic NGOs from Negri Sembilan said today that a Muslim convert father took away his six-year-old son from the custody of his former wife according to a syariah court order last year granting him custody of the children.

His Hindu ex-wife, S Deepa, won custody of their two children from the High Court in Seremban last Monday, but the NGOs claim that the civil court custody order did not cancel out the syariah court order, which granted custody to Izwan Abdullah, formerly known as N Viran.

"The High Court judgment on April 7 did not have any order that cancelled the syariah court order. Izwan believes that it is still in effect," said Shamsul Azhar Yahya, the secretary of the coalition of Islamic NGOs.

As such, Shamsul Azhar said, the claim that Izwan had "kidnapped" his son from the custody of his former wife, who is a Hindu, “is overboard”.

“Based on the facts, I think what has been said in the newspapers is not 100 percent true. Using the word 'kidnap' is not appropriate to describe Izwan’s action.

“However, most mainstream papers did state that both parties have court orders granting them custody,” Shamsul Azhar told a press conference in Seremban today.

Affidavit filed

He also said Izwan had filed an affidavit today with the High Court explaining why he had taken the son away.

"The affidavit is aimed to answer accusations and negative reports saying that Izwan had kidnapped the son," Shamsul Azhar said.

Izwan took the boy away from Deepa’s house in Jelebu two days after she was granted custody over their two children, injuring Deepa in the process.

Malaysian Syariah Lawyers Association representative Hanif Hassan, who was also present at the press conference, said the federal and state governments should enact a stronger law to settle disputes like these.

However, Hanif did not elaborate on this particular case as it is still under the court process.

Mum wants children's conversion revoked

When the High Court granted S Deepa custody of her two children, she had no immediate plan to revoke their unilateral conversion to Islam by her ex-husband Izwan Abdullah.

But now that Izwan has taken away their six-year-old son from her house in Jelebu without her permission, Deepa has resolved to act.

"When they turn 18, they (the children) can choose what religion they want to (follow). I have nothing against Islam, because there are Muslims in my family too," she told Malaysiakini, referring to her mother, Siti Aishah, who is a convert.

Deepa, a Hindu, was responding to Izwan's claims that he took away their son in order to protect the child from being turned against Islam.

She said her lawyers are filing a case against Izwan for contempt of court.

Deepa, a clerk, has gone into hiding “before Izwan takes away my nine-year-old daughter” as well.

She pointed out that High Court judge Justice Zabariah Mohd Yusof had only decided to grant custody to her after interviewing the children.

"She asked who they wanted to be with. Only after that did she decide to give custody to me," said Deepa, 30.

She claimed that this was not the first time Izwan has taken the children away from her. Although she has “lodged numerous police reports”, no action has been taken.

Last Monday, the High Court had granted Deepa a divorce and custody of the children, but she is required to pursue a separate case to revoke the children's conversion.

Izwan, formerly known as N Viran, converted to Islam early last year and then converted the two children to Islam last April without Deepa’s consent.

When Deepa tried to revoke their conversion, religious authorities in the state invited her to convert to Islam as well, she said.

Deepa and Izwan, also 30, have been estranged for a few years. He now works with an Islamic NGO called Kasih Sayang.

More brickbats for cops over 'kidnap' of minor


Wanita MIC has ticked off Inspector-General of Police (IGP) Khalid Abu Bakar for refusing to take action against a father accused of kidnapping his son after the High Court had granted custody of the boy to the mother.

"Khalid has taken the issue lightly by (allowing) more men to continue thinking that the culture (of violence) is still okay, and that the police will take their own time to take action or (perhaps) not even take action," Wanita MIC head Mohana Muniandy said in a statement.

In the middle of the conversion-cum-custody battle is S Deepa, who has accused her Muslim convert husband Izwan Abdullah of assaulting her and abducting their son two days after she gained custody of their two children.

Mohana described Izwan's actions as a criminal act and demanded action by the police.

"Deepa was assaulted after the verdict (granting her custody) was passed. By law, serious action must be taken against Izwan. Wanita MIC urges the IGP to do so," she said.

Izwan had converted to Islam, and then converted his six-year-old son and nine-year-old daughter without Deepa's knowledge.

He won custody of the children from the syariah court but the decision of the High Court in Seremban on April 7 gave custody back to Deepa.

The situation was further complicated after Khalid refused to act against Izwan for the alleged assault and kidnap, citing the conflicting decisions of the civil and syariah courts.

Instead, Khalid urged the estranged couple to "talk it out".

Tourism Minister Mohd Nazri Abdul Aziz, who was previously de facto law minister, has slammed Khalid for not acting in a case of "clear-cut kidnapping".

Mohana (right) stressed that the Guardianship of Infants Act 1961 gives guardianship rights to both parents in the event of conversion.

"Wanita MIC strongly urges that there be a proper guideline and procedure for conversion of minors and that the mother (in this case) must be informed,” she said.

"The children should go through proper counselling and other religious details given before being converted.”

She added that MIC has set up a task force of lawyers to look into women's rights on the matter and will also offer to assist Deepa.

LFL: Serve all or resign

Meanwhile, Lawyers for Liberty (LFL) called on Khalid to resign if he is not able to serve all Malaysians.

LFL said the police chief must not cite "conflicting jurisdictions" for the inaction of the police, since it was clear that Izwan's action was criminal in nature.

"The decision of the syariah court was ultra vires and bad in law as under the Federal Constitution (Second List in the 9th Schedule), it is clear that the syariah court does not have jurisdiction over non-Muslims.

"Further, Izwan and Deepa (left) were married under civil law, the Law Reform (Marriage and Divorce) Act 1976. Therefore all issues of divorce, custody of children and other matters can only be decided under the same Act and cannot be circumvented by one spouse converting into Islam," it added.

The policeby turning a blind eye to Izwan's criminal action, LFL said, had send the wrong message that they are not willing to protect the rights of a non-Muslim spouse in the event of custodial dispute.

"We remind the IGP that the Federal Constitution is still the supreme law of Malaysia and it is vital that all citizens, regardless of ethnicity or religion are treated equally, a right guaranteed under Article 8.

"Laws and court judgments will be rendered meaningless if the police are able to pick and choose which ones to enforce.

"If the IGP feels that he is unable to defend the rights of all Malaysians, and not just Malaysian Muslims, then he is not fit to lead the police force and should resign," LFL added.

‘IGP must respect the law’

Lawyers for Liberty calls for the IGP's resignation if he is unable to defend the rights of all Malaysians.

PETALING JAYA: Laws and court judgments will be meaningless if the police are allowed to pick and choose which one to enforce, said Michelle Yesudas, legal and campaign coordinator for Lawyers for Liberty.

Yesudas was commenting on IGP Khalid Abu Bakar’s refusal to act against Muslim convert Izwan Abdullah who kidnapped his son from estranged wife S Deepa.

The mother, who was granted custody of the child by the Seremban High Court, had wanted the police to arrest Izwan for violating a court order.

The IGP had advised Deepa to settle the matter privately as there were two court orders – civil and syariah.

“By turning a blind eye and citing ‘conflicting jurisdiction’, the IGP is sending the wrong message that the police are unwilling to protect the rights of a non-Muslim spouse in the event of custodial dispute,” Yesudas said in a statement today.

The marriage between Izwan and Deepa was conducted under civil law, the Law Reform (Marriage and Divorce) Act 1976.

She said therefore all issues of divorce, custody of children and other matters could only be decided under the same Act.

“This cannot be circumvented by one spouse converting into Islam,” added Yesudas.

“Under the Federal Constitution, the Syariah court does not have any jurisdiction over non-Muslims.

“Furthermore, Izwan’s act of snatching the child was criminal in nature,” she added.

The abduction was not an isolated incident as there are cases of spouses gaining custody by converting their children without the knowledge of their non-Muslim spouse through the Syariah court.

“We urge the IGP to respect the rule of law and apply it equally without discrimination against ethnicity or religion.”

“If he is unable to defend the rights of all Malaysians, then he is not fit to lead the police force and should resign,” said Yesudas.

Family wants answers over death in custody

The family suspects foul play and wants to know how Harirajan died while in Kajang prison custody.

KUALA LUMPUR: PKR and family members are seeking for the truth after 34-year-old N Harirajan was found dead in Kajang prison last Friday morning.

In a statement today, PKR’s legal bureau deputy chief S Jayathas said Harirajan’s family were informed by Kajang prison authorities on Friday afternoon that he had died of HIV/Aids.

However, family members who went to claim his body from the Kajang hospital mortuary were shocked to see bruises on the his chest, head, stitches above his right eye and both his ears bleeding.

Jayathas said that when the family requested for a copy of the postmortem report completed on Friday afternoon, the pathologist had refused and told them come back and collect the report on April 14.

According to the deceased’s younger brother, N Harikrishnan, a magistrate had then given the family a blank piece of paper for processing the release of Harirajan’s body.

Unhappy with the condition of his brother’s body, Harikrishnan refused to sign the blank paper and insisted a second postmortem be conducted.

He lodged a police report at the Kajang police station stating that the family suspect foul play.

Converted to Islam?

Earlier Friday morning, the Kajang Islamic Religious department informed the family that Harirajan had converted to Islam.

The family insisted that religious officers showed them proof of his conversion. However the officers then left the hospital as they could not provide any documented proof.

“We, the family, want to know the truth and we are waiting for a full postmortem report which is expected today,” said Harikrishnan.

“We will only claim the body after we receive the full postmortem report,” he added.

It was learnt that Harirajan had been arrested last December for robbery and was serving his six-year imprisonment sentence.

Jayathas said the case on Harirajan’s custodial death will be led by Lawyers for Liberty’s G Sivamalar.

When contacted, Sivamalar said that Harikrishan had lodged a second police report at Kajang police station on her advise, seeking for a second autopsy.

“We are looking at conducting the second autopsy either at the Kuala Lumpur Hospital or the University Malaya Medical Centre,” she said, adding the report will be submitted to Kajang hospital for further action.

Sivamalar added that the family were dissatisfied with the first post mortem as it did not cover the bruises on Harirajan’s body and face.

The post mortem report indicated that Harirajan died of coronary artery and retroviral disease.

Three things we learned from: the Seremban child abduction

Justin Ong, The Malay Mail Online

On Wednesday, S. Deepa’s joy of winning custody of her two children from estranged husband Izwan Abdullah, a Muslim convert, just days earlier turned to terror when he abducted their son from her Seremban home.

But that terror must have been eclipsed by the shock of learning that the police cannot — or will not? — do anything as the man was granted custody of the children by a shariah court last year.

At first glance, the matter had appeared less tangled than the convoluted custody battles that usually accompany child conversion cases, but it soon transpired that such matters inexorably become complicated when religion is involved.

Here are the three things we have learned from the case so far.

1. Unilateral child conversions are still happening despite Cabinet ban.

In 2009, the Cabinet announced a prohibition against the unilateral conversion of children to Islam by either parent, to prevent further cases where custody battles are locked in a legal limbo that sits in the void between the civil and shariah court systems.

Then de facto law minister Datuk Seri Nazri Aziz said the Cabinet had decided that children must be raised according to a couple’s shared faith at the time of marriage, to prevent religion from being turned into a tool in later custody battles.

While the letter of the law in this case is clear, the application is anything but: Izwan converted both his son and daughter to Islam on his own in 2013, nearly four years after the Cabinet expressly forbade this.

Inspector-General of Police Tan Sri Khalid Abu Bakar’s pronouncement that authorities will not pursue Izwan for taking his son despite the High Court ruling granting custody to the mother is a troubling development in the already complicated subject.

This suggests the Muslim spouse has the ability to forcibly take custody of his children notwithstanding a civil court order, and to do so without repercussion.

With non-Muslims already having no standing before the shariah court that only recognises followers of Islam, to have an ostensibly non-religious enforcement agency yield so readily to the Islamic legal system despite what even Minister Nazri calls clear-cut kidnapping is a dangerous precedent for the entire country.

2. No resolution until the Federal Court fulfils its duty

Malaysia operates parallel legal systems with civil law that applies universally and shariah law that is restricted to Muslims.

In theory, the two systems are distinct and separate. In practice, however, the lines are often blurred, and more so in joint cases when some parties are Muslim and others are not.

Deepa’s case is a clear instance of where the overlap occurs, and with no proper resolution. Which is the superior and which is the subordinate legal system?

In 2010, Malaysia’s apex court was granted the opportunity to provide clarity on the issue.

Then, the Federal Court heard the inter-religious custody battle between Shamala Sathiyaseelan, a Hindu mother, and her Muslim ex-husband for the right to their two children.

Among others, it was asked to decide which — the civil court or the Shariah court — prevailed when conflicting orders were made with regards to the custody of children.

But rather than providing a much-needed answer, the country’s highest court chose the easy way out by not deciding at all. It abdicated its duty to rule on law and chose to entertain the triviality of Shamala’s self-enforced exile from the country.

Until the Federal Court one day gets another chance to revisit the issue, Deepa’s will unlikely be the last in the litany of such cases.

3. More worrying as hudud creeps nearer

Kelantan is again attempting to enforce the Kelantan Syariah Criminal Code Enactment II 1993 that would allow it to roll out hudud law in the state.

In attempts to assuage non-Muslim apprehension over the Islamic penal code that permits for punishments such as amputation, flogging and death by stoning, the system’s proponents insist that it will not extend beyond adherents of Islam.

Given the palpable extension of shariah law into the lives of non-Muslims, however, such assurances are empty platitudes at best and disingenuous consolation at worst.

It is unclear whether Kelantan’s endeavours will ever be successful, but it is unthinkable that the country could do with another intricate criminal system when the civil-shariah quagmire is as intractable as it is now.

MH370 exposes Hall of Shame

 Malaysiakini

The grand self-proclamation of “Malaysia, the Best Democracy in the World”, with its fantastic education system which rivals the British, American and German systems is a myth designed for die-hard Umno Baru supporters. This fairy-tale was shattered by the disappearance of MH370.

Prime Minister Najib Abdul Razak, like the prime ministers before him, has let down the nation, but the investigation into MH370 has trashed Malaysia’s reputation.

We need a cull of the political class to regain our credibility as a nation. We should start with the following initiates of the ‘Hall of Shame’. Politicians head the list, then civil servants. If the civil servants were to be replaced before the politicians, the new ones would be corrupted by their political masters, who dictate to them.

Malaysia has been on auto-pilot for several decades and the nation has been performing like a rudderless aeroplane. MH370 signals the beginning of the end of Umno Baru.

The Malaysian Hall of Shame

Number One: Prime Minister Najib Abdul Razak. Two words describe the MH370 “investigations”: Mismanaged. Mishandled. (MM).

MH370 may have been an unprecedented incident but the crisis management team was shambolic, with several people issuing contradictory official statements. Our confidence and trust has been shaken to the core despite all the big talk and the hundreds of billions of ringgits spent on military hardware and sophisticated equipment. We may have the best machinery that money can buy, but are monkeys operating them?

In the first few days of MH370’s disappearance, Najib and his wife, the self-styled ‘First Lady of Malaysia’ (FLOM), sought to gain cheap publicity by “weeping with the families of the passengers and crew of MH370”.

Did Najib make a premature announcement that MH370 had crashed into the Southern Indian Ocean, based on one mathematical interpretation by one company? The local press are conditioned not to ask awkward questions but foreign journalists demand answers.

Number Two:Defence Minister Hishammuddin Hussein. Hishammuddin (left in photo) justified Malaysia’s mismanagement of the MH370 investigations by saying that history will judge Malaysia well.

People ask, “Who writes the history books if not the Malaysian cabinet and their proteges?”
Hishammuddiin told the families of passengers and crew of MH370 that miracles do happen. The act of giving false hope is as bad as trading on people’s grief.

Number Three: Home Minister Ahmad Zahid Hamidi. His response to the stolen passport fiasco at KLIA is symptomatic of a sick nation. He told parliament, “Furthermore, Interpol’s information of lost (passports) may slow down the process of immigration checks at counters.”

Zahid prefers speed to efficiency and safety/security concerns. Interpol has since given Zahid a dressing down and said the checks take 0.2 seconds per passport.

Malaysia is a hub for human trafficking and people have alleged that our police and immigration officials are involved. Will Zahid clean up his department?

Number Four: Deputy Defence Minister Abdul Rahim Bakri. Abdul Rahim told Parliament that the RMAF “assumed” that Flight MH370 had been ordered to turn back by the civilian air traffic controllers.

Following a public outcry, he backpedalled and said that HE had made this assumption. So did the RMAF make this assumption or was Abdul Rahim forced to retract his statement. His U-turn is typical of the tactics of the government of Malaysia.

Lack of communication

Number Five: The Department of Civil Aviation (DCA) director-general Azharuddin Abdul Rahman. Azharuddin contradicted the statements of the home ministry and the inspector-general of polcie (IGP). More worrying than this is the lack of communication between the military and civil aviation authorities.

The MH370 investigation has lacked transparency and is mired in intrigue. This incident has reminded us of the question, by the opposition MP Nurul Izzah Anwar in June 2012, about the roles of the DCA and the Transport Ministry in the award of the contract for the supply of the RM128.4 million air traffic control system to a minster’s family through “closed tender”.

Three weeks ago, we were told that the final words from the cockpit were “All right, good night”. In the past few days, the DCA issued a correction and said the final words were “Good night. Malaysian Three-Seven-Zero”.

How can the public be expected to put their faith in the DCA or the investigative bodies with such a simple error as this? So what else is wrong?

Number Six: MAS CEO Ahmad Jauhari Yahya. When the reputations of the pilot and co-pilot on MH370 were being trashed, Ahmad Jauhari (right) failed to defend his men. Although he did speak on their behalf, he waited several days and the damage was already done. His failure to act immediately demoralised all of the MAS employees.

The sending of a text message to the families of the passengers and crew of MH370, ahead of Najib’s announcement that MH370 had gone down in the southern Indian Ocean, is symptomatic of the poor customer relations in MAS. Many people have previously stated that their complaints are rarely acknowledged or addressed.

Number Seven: Chief of the Armed Forces Zulkifeli Mohd Zin. He despatched ships from Lumut on the night MH370 disappeared. He then claimed that a C-130 plane was sent to scout the area the following morning.

What made Zulkifeli confident that he was scouring a potential crash site, thousands of kilometres from where Najib had directed others in the search and rescue (SAR) operations? Is Zulkifeli hiding something from us?

Number Eight: Chief of the RMAF Rodzali Daud. An unidentified plane was picked up by military radar around 200 nautical miles northwest of Penang in the Straits of Malacca, at about the time MH370 went missing. The military failed to act on this information, wasting both time and opportunity.

Number Nine: IGP Khalid Abu Bakar. When asked about the contradictory descriptions of the men using stolen passports, a dismissive Khalid said, “Why ask me? Ask Immigration, or ask Interpol.”

The defence minister asked everyone to avoid speculation, but Khalid said that his policemen were analysing all the speculation on the Internet to help in the MH370 investigations.

The IGP should focus on facts, rather than investigating speculation and rumour. He should chase criminals, rather than hound opposition politicians and NGOs.

Number Ten: Witch-doctor Ibrahim Mat Zain, or Raja Bomoh. This shaman heaped ridicule on the country when, at the entrance to KLIA, he used his bamboo binoculars and two coconuts to divine that MH370 had been hijacked by elves and the plane was either suspended in mid-air or had crashed into the sea. He should be jailed if he refuses to say who sent him to KLIA, to mock the suffering of the passengers and crew of MH370.

Bonus: It is reported that Najib’s favourite number is 11. When former PM Mahathir Mohamad resigned, he continued to make his presence felt by refusing to hand over the controls of the airship Malaysia, which he was flying to mediocrity. Mahathir completes the list by being the eleventh member of Malaysia’s Hall of Shame.

Hishammuddin should stop his “cat-and-mouse” game on whether there would be Parliamentary Select Committee on MH370 as such vacillation further erodes trust and confidence even among Malaysians in government handling of MH370 disaster as highlighted by latest opinion poll


By Lim Kit Siang,

The Acting Transport Minister, Datuk Seri Hishammuddin Hussein should stop his “cat-and-mouse” game of “yes, no, yes, no” on whether there would be Parliamentary Select Committee on the MH370 disaster as such vacillation further erodes trust and confidence even among Malaysians in the government handling of the MH370 disaster as highlighted by the latest opinion poll.

In an opinion poll commissioned by The Malaysian Insider and conducted by Merdeka Center in the last week of last month from March 24 to 30, 54% of the 1,092 respondents from all the parliamentary seats in Peninsular Malaysia polled believed Putrajaya was not transparent in releasing information about Flight MH370 which vanished 38 days ago on March 8.

In response to the question whether they thought Putrajaya had been truthful or had been hiding anything about MH370, 54% of respondents felt Malaysia had been hiding information, 26% said the government had been truthful while 20% were unsure.

Chinese respondents were almost unanimous in giving the thumbs down to the BN federal government while the slight majority of Indian and Malay respondents, too, believed Putrajaya had been hiding information.

This time, respondents from both rural and urban areas were united in believing that Putrajaya has been less than forthcoming with information about MH370.

This second opinion poll shows that the level of trust and confidence even among Malaysians in government transparency and competence in the handling of the MHJ 370 disaster have progressively worsened since the beginning of the tragedy, as in a similar opinion survey in the first two weeks of the tragedy from March 8 to 20, 50% of Malaysians were unhappy with Putrajaya’s handling of the crisis. In other words, an increase from 50% unhappy with the government’s handling of the crisis in the first two weeks to 54 per cent in the third week.

The survey for the first two-weeks of the MH 370 disaster revealed that only 43% were satisfied with the way Putrajaya was dealing with the issue, which has fallen further to 26 per cent in the third week.

The survey in the first two weeks of the MH 370 disaster was done on 1,005 respondents – 60% Malay, 31% Chinese and 9% Indians.

Although the approval towards Putrajaya’s handling of MH 370 varies distinctly according to racial lines, the trust and confidence quotient among different race groups in the government’s handling have all worsened in the third week.

In the first two weeks of the disaster, the majority of Chinese and Indian respondents were dissatisfied, at 74% and 59% respectively. Only 18% of Chinese and 36% of Indian polled said they were satisfied.

But 63% of Malay respondents expressed satisfaction with the handling compared with 30% who said they were not.

By the third week, however, Chinese respondents were almost unanimous in giving the thumbs down to the BN federal government while the slight majority of Indian and Malay respondents, too, believed Putrajaya had been hiding information.

The continued fall in trust and confidence, among all racial groups in Malaysia, in the government’s handling of the MH 370 disaster is because of the endless drips and drabs of information being doled out; ever-lengthening list of clarifications, confusions and contradictions; frequent twists and turns and “flip-flops” and the vast “black holes” in information in the past 38 days of the MH370 disaster which not only aggravate the pain and anguish, but are most nerve-wracking for the families of the 239 passengers and crew on board, Malaysian and international well-wishers and completely confidence-sapping as well.

This is best illustrated by the five confusions, twists and turns and flip-flops in the past week, viz:

1. Did the RMAF scrambled planes to intercept MH370 in the early hours of March 8

CNN stood by its report on Thursday night (April 10) that the Royal Malaysian Air Force (RMAF) had scrambled its search aircraft on the morning of the missing Malaysian Airlines Boeing 737 at around 8 am, but did not inform authorities until three days later despite the denial by the Defence Minister, Datuk Hishammuddin Hussein and the RMAF chief Rodzali Daud.

The RMAF denial lacks credibility as up to now, RMAF has not been able to come out with a coherent and credible account of what it had done in the initial hours to forestall or minimize the MH370 disaster.

2. No sense of guilt or remorse that Deputy Defence Minister had plunged Malaysian government and country into a greater international crisis of confidence with irresponsible and rubbishy statement in Parliament

On Thursday, the Speaker, Tan Sri Pandikar Amin Mulia, absolved the Deputy Defence Minister Abdul Rahim Bakri of “misleading” Parliament when the latter told Parliament on March 26 that RMAF did not attempt to intercept MH370 when it was detected on military radar off the Straits of Malacca on March 8 as the RMAF had “assumed” that the plane was ordered to turn back by flight traffic controllers.

The next day, Rahim explained that his statement in Parliament was erroneous as he had personally made such an assumption.

There was no sense of guilt or remorse that the Deputy Defence Minister had plunged the Malaysian government and nation into a greater international crisis of confidence with such irresponsible and rubbishy pronouncement.

3. Co-pilot had made a telephone call when it was flying low near Penang?

Saturday (April 12) front-page headline report by UMNO newspaper New Straits Times that MH370 co-pilot Fariq Abdul Rahman had made a call from his mobile phone as the plane flew low near Penang, before it went missing.

Although Hishammuddin and the Communications and Multimedia Minister Ahmad Shabery Cheek who “checked with relevant parties” subsequently refuted the veracity of the New Straits Times report, the government’s handling of the MH 370 suffered another major blow, especially as NST is a UMNO-owned publication.

What’s worse, the NST report of a “mid-flight phone call” has given new life to various conspiracy theories, including the hijack theory which claims that Flight MH370 is in Afghanistan and that the 239 passengers and crew are all alive.

Is the Malaysian government giving credence to such conspiracy theories with the NST front-page report of the co-pilot’s “mid-flight phone call”?

4. UMNO mouthpiece Utusan Malaysia’s CIA conspiracy theory on MH370

Equally reprehensible as NST’s co-pilot “mid-flight phone call” story was Mingguan Malaysia’s endorsement of the conspiracy theory about US CIA involvement in MH 370’s disappearance in a bid to sour relations between Malaysia and China. (April 6).

What is shocking is that Hishammuddin, as the Malaysian supremo of the MH 370 SAR operation, took more than a week to refute the Utusan Malaysia as he made the denial only yesterday (April 13) after I had stressed at a media conference on Friday that he must either confirm or deny the Utusan write-up about CIA involvement in the disappearance of MH370.

Both New Straits Times and Utusan became overnight “celebrities” being the most quoted in the international media, but their media “notoriety” was achieved at the expense of further blows in the prolonged international crisis of confidence at the Malaysian handling of the MH370 disaster.

5. Hishammuddin’s “cat-and-mouse” game on RCI and PSC on MH 370

Yesterday, The Malaysian Insider in its report “Steam gathers for RCI as search for MH370 black boxes narrows” quoted Hishammuddin as saying after visiting the preparations for a defence exhibition at the Putra World Trade Centre in Kuala Lumpur that Putrajay is close to setting up a Royal Commission of Inquiry (RCI) on MH 370.

Reason? The increasingly positive signs that MH 370 “black boxes” will be found.

But all reports point to the contrary, as it is six days since the last strong ping from possibly MH 370’s black boxes have been detected, and all indications are that their battery power had expired and search for the black boxes will have to proceed despite the ping silence.

Hishammuddin has taken the position that the decision whether to set up a RCI or a Parliamentary Select Committee (PSC) on MH 370 will only be made after the “black boxes” are retrieved.

This is a most unreasonable and unacceptable position – as does this mean that the government will oppose any independent, full-scale and comprehensive inquiry into the MH 370 disaster if the black boxes are not recovered?

Hishammuddin should stop his “cat-and-mouse” game on whether there would be a Parliamentary Select Committee on MH370 as such vacillation further erodes trust and confidence even among Malaysians in government handling of MH370 disaster as highlighted by latest opinion poll.

This is why I am calling on the Prime Minister, Datuk Seri Najib Razak to convene an emergency Parliament before May to establish a Parliamentary Select Committee on MH 370 disaster, where Hishammuddin as the supremo of the MH 370 SAR mission, should play no role in the MH 370 investigation process.

Lawyers: Cops sending wrong signal over Seremban abduction

Malay Mail
by Zurairi AR and Ida Lim


KUALA LUMPUR, April 14 — The police’s refusal to act against a Muslim convert for allegedly abducting his son despite a civil court granting the mother custody may encourage more such cases in the future, lawyers have said.
 
The legal practitioners said the inference was obvious after the police said it would not pursue Izwan Abdullah (previously N. Viran) who took his son by force from his estranged wife, claiming it could not act due to conflicting orders from the shariah and civil courts.

“At the end of the day, by saying they can’t do anything, are they giving a signal in future cases that people can take the law into their own hands and police will do nothing?” asked Bar Council’s Human Rights Committee co-chairman Andrew Khoo here.

“If that’s the case, that’s a serious indictment in abrogation of duties and responsibility to protect citizens from harm, from use of force.”

On Monday, the Seremban High Court granted S. Deepa, 30, full custody of her two children ― a nine-year-old daughter and a six-year-old son ― as her marriage to Izwan, 31, in 2004 was a civil union and did not come under shariah law.

Izwan allegedly snatched their son from outside her house in Jelebu, Negri Sembilan on Wednesday, based on a previous shariah court order that awarded him custody.
 
In her police report lodged over the incident, Deepa said Izwan sped off with the boy in a green Mitsubishi Pajero, and that she sustained injuries when she gave a chase as her clothes were caught in the car door.

Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar subsequently said that the police would not act against Izwan.

The Jelebu police also said it was unable to take action apart from probing him under the Domestic Violence Act and the Penal Code, for alleged violence and assault respectively against Deepa.

Civil liberties lawyer Syahredzan Johan said it was the norm for the police to refrain from acting when there are conflicting orders from Shariah and civil courts, but he stopped short of calling it a standard operating procedure.

“It fuels the perception, rightly or wrongly, that Muslims get preference by the authorities. And it gives a bad image to the religion,” Syahredzan told The Malay Mail Online.

In a series of tweet earlier, the lawyer also blamed the apparent police indifference on those who wish to see Islam trumping other faiths, even at the expense of justice.

“In your quest to establish the ‘supremacy’ of your religion, what you are in fact doing is turning people away from it,” said Syahredzan.

Constitutional lawyer Edmund Bon pointed to a bigger issue within the police force itself, saying the officers have taken the matter into their own hands without seeking legal advice.

“The IGP and police don’t quite understand law as they ought to … The IGP should have at least referred the matter to the Attorney-General for legal views and interpretation if he was unclear,” Bon claimed.

According to Bon, the IGP should have enforced the High Court’s order as the Shariah court’s order was not applicable to a non-Muslim, in this case Deepa, who is a Hindu.

While Khoo and Syahredzan acknowledged that the police were right to observe that there were two conflicting orders, they said the agency should still probe Izwan as the order still did not absolve him of forcibly seizing the boy.

“Remember, the custody order does not give the father blanket permission to forcefully take the child away. A lawful order does not permit unlawful behaviour to enforce that order,” Syahredzan said.

Khoo also criticised the IGP for claiming that no kidnapping has occurred and the police was confident of the safety of the child.

“Does he know that for a fact or is he making an assumption? Has any investigation been done to ascertain the child is safe? You simply cannot assume,” said Khoo.

Both civil and Shariah lawyers had since stressed that the Islamic court lacks jurisdiction over custody cases in a civil marriage even if one party later converts to Islam, citing the Federal Constitution’s Ninth Schedule.

While Deepa’s legal team will now file contempt proceedings against Izwan next week, Bon claimed that the IGP himself could also be cited for contempt of court by his inaction.

Deepa has since gone into hiding, fearful that her husband may be emboldened to try and take their daughter following the IGP’s declaration on Friday that the police will not act against him over the abduction.

It is understood that Viran, a former lorry driver who currently works for an Islamic NGO called Yayasan Kasih Sayang, had converted both their children in April last year without Deepa’s consent.

Deepa, who filed for divorce and custody of the children in December last year, has been estranged from her husband since 2011.

The case is another in a series of inter-faith custody battles that highlight the complexities of Malaysia’s parallel civil and Shariah legal systems.

Malaysia Has Given Its All To Locate Missing Plane - Najib

KUALA LUMPUR, April 14 (Bernama) -- Datuk Seri Najib Tun Razak said Malaysia has given its all to find Malaysia Airlines Flight MH370 missing since March 8, and drawn solace from the assistance granted to the country from around the world.

"We have shared, and received military radar data, putting the search above national security," the prime minister noted when addressing the Putrajaya Forum 2014 here today.

The search, he said, led to assets from dozens of countries being combined and deployed in a truly global effort.

"Over the course of the past month, we have seen Chinese ships entering Vietnamese waters to search for the plane," he said, citing an example of the level of co-operation seen during the search operation.

Najib said these challenges were tackled with assistance from Malaysia's friends in Asean, and depended on relationships forged outside of formal Asean structures.

"Alongside strengthening Asean, our task is also to embrace wider collaboration on security," he said at the forum which carried the theme 'Strengthening Security and Regional Stability'.

It was organised in conjunction with the 14th Defence Services Asia (DSA) Exhibition and Conference from today until April 17.

Flight MH370 with 239 people aboard left the KL International Airport at 12.41 am and disappeared from radar screens about an hour later, while over the South China Sea. It was to have arrived in Beijing at 6.30 am on the same day.

A multinational search was mounted for the aircraft, first in the South China Sea and then in the Melaka Strait and Andaman Sea, and now in the southern Indian Ocean.

Analysis of satellite data indicated that the plane flew along what is called the 'southern corridor' and that its last position was in the middle of the Indian Ocean, west of Perth.

Najib announced on March 24, seventeen days after the disappearance of the aircraft, that Flight MH370 "ended in the southern Indian Ocean".