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Friday, 18 July 2014

Ukrainian reporter: gov't doesn't use anti-aircraft weapons against rebels



‘We Don’t Rob During the Ramadan and on Fridays’ Caught Robbers Tell Police

‘We Don’t Rob During the Ramadan and on Fridays’ Caught Robbers Tell Police
The picture below does not show what these men really look like when they stand on the streets. This is because they have been in police custody and their guises have worn off. But on a good day, any man who doesn’t look closely can be easily fooled to believe they are women.

And clearly, many men must have fallen prey to their wiles. These are hardened criminals who have terrified the people of Ibadan. One of them, Lawal Kabir claims he is a devout Muslim who considers Fridays and the Ramadan period as sacred and therefore, he cannot engage in robbery at such times.
He continues by saying that on Fridays he goes to the mosque to pray so that God would forgive all his criminal tendencies Ironically, he was arrested on Friday after observing the Jumat prayers.
According to him and the other suspects, they had unleashed terror in places like Osun, Sawmill and Iyana-Agbala. The eight-man gang confessed this and other crimes they had committed to Crime Alert.

One of them, Ayodele Olaitan, shook his head in regret and said: “It was my friends that pushed me into this. I joined the gang sometime ago and I have participated in at least three robbery operations.
I am not the owner of the mask you see on me. It belongs to one of us called pastor. He is dead now. I regret all my actions. I didn’t realize we could be caught. But, now the game is up, “ he said this in tears.

Lawal Kabir stated that he was driven into the criminal world out of business failure. “I took to robbery when my plumbing work was not booming. Three years after my freedom as an apprentice, I tried all I could to make both ends meet, but things did not work for me. I first stayed in Lagos before I later came to Ibadan where I was introduced to a gang of armed robbers. I have participated in four armed robbery attacks.

I went with them to Osun State, Ibadan, Sawmill and Iyana -Agbala. I was arrested on Friday after I finished praying in the mosque. Somebody we call a pastor, also a member of the gang called me without knowing the police had already arrested him.

I don’t rob on Fridays and during Ramadan. I used those periods to pray to God to forgive me my sins. I know what I was doing was wrong but it was difficult for me to break away from it.”

Biola Alaba, the one with the weave-on, noted that they were eight in number. They were arrested at a drinking joint during a robbery operation at Bodija. He states he never killed any of their victims.
“How can I commit two sins at the same time. I cannot rob and kill at the same time. It is unfair to rob someone of his belongings and kill him. We don’t even rape our victims, “ he said.

Sunday Omooba from Ogbomoso, a member of the Oodua Peoples Congress, OPC, narrated that he took charge of the armoury for the gang. “I helped them get bullets through one man. I just call the man any time I need bullets for the gang.

I don’t rob with them. In fact, I did not know that they were using the bullets to rob. I also supplied that pump action gun to them. I bought the gun for N70,000 from a friend. If I knew that they would use the weapons for robbery, I would not give them.”

 Mr. Mohammed Indabawa, the State Commissioner of Police related that, “sequel to tip-offs about a criminal hideout at a mechanic village, Iyana Church, Ibadan, a raid was organized and SARS operatives arrested the following suspected armed robbers: Olaitan Ayodele, Abiola Alaba, Oyewole Ogunwole, Adedeji Mustapha, Omooba Oyewole and Adedeji Mustapha. On interrogation, they all confessed to their past and present crimes within and outside Oyo State. They also confessed to have attacked and robbed two police officers.”

All their victims were contacted and they corroborated their confessions.

 http://www.360nobs.com/2014/07/we-dont-rob-during-the-ramadan-and-on-fridays-caught-robbers-tell-police/

Two Pakistani diplomats in UK accused of abduction, rape

The British Foreign and Commonwealth office (FCO) disclosed a list of the most serious alleged offences committed in 2013 which included representatives from Pakistan accused of child abduction and rape, according to a report published in The Independent.
 
The accused men were among foreign diplomats suspected of 14 crimes — who are entitled to diplomatic immunity and thus protected from British law.

Two Saudi men were arrested for drink-driving and have escaped prosecution despite the fact that the crime entails brutal lashings in their own country. A diplomat from Kuwait — where alcohol is banned — was also accused of drink-driving.

FCO minister, Mark Simmonds had on Tuesday presented to the British parliament the list of diplomats, who had allegedly committed ‘serious and significant’ crimes.

He said the Metropolitan Police’s Diplomatic Protection Group had warned the FCO regarding 14 criminal offences committed by foreign diplomats.

Simmons added that the number of crimes committed by members of the diplomat community in UK was significantly low.

“The FCO does not tolerate foreign diplomats breaking the law,” the FCO minister said.
As per the Vienna Convention on Diplomatic Relations, those granted immunity are expected to obey the law and if allegations come at the forefront, the relevant foreign government can be asked to withdraw the privilege so that an investigation can be carried out against the accused.

Earlier last year, the FCO had made that request for five of the most serious crimes, including those committed by the Pakistani diplomats.

Despite the fact that the Pakistani government had partially lifted immunity in one case so that police could interview the diplomat, there were no legal compulsions for complying with the British request.

Malaysia Airlines jet crashes in Ukraine; official says 295 people 'shot down'



(CNN) -- A Malaysia Airlines passenger jet crashed in eastern Ukraine on Thursday, prompting a Ukrainian official to say that the flight carrying 295 people had been "shot down."

"Terrorists" fired on the plane operating a Buk surface-to-air missile system, according to a Facebook post from Anton Gerashchenko, adviser to the Ukrainian Interior Ministry.

The plane, a Boeing 777, went down near the town of Torez in the Donetsk region of eastern Ukraine, according to the post, as it flew at about 10,000 meters (nearly 33,000 feet).

"We do not exclude that the plane was shot down and confirm that the Ukraine Armed Forces did not fire at any targets in the sky," Ukrainian President Petro Poroshenko said, according to his website.

He also said he has expressed condolences to Netherlands Prime Minister Mark Rutte about Flight 17, which was headed from Amsterdam to Malaysia. He said he invites Dutch experts to participate in the investigation of the crash, emphasizing that he does not call it an "incident" or a "catastrophe," but a "terrorist action."

Details of the incident are quickly pouring in about Thursday's crash which comes the same week that Ukrainian officials said a Russian fighter shot down a Ukrainian military transport plane while the aircraft was in Ukrainian airspace.

As news broke of the crash, Malaysia Airlines confirmed in a tweet that it lost contact with Flight 17 and that the jet's last known position was over Ukrainian airspace.

CNN's Richard Quest, an aviation expert, said that it would be "extremely unusual" for an airliner at 32,000 feet to be shot down. From the ground, one could simply look up and tell whether a plane was a commercial aircraft.

"It looks like a commercial aircraft, it squawks a commercial aircraft. So something is absolutely appalling that's gone on here," he said.

Reports are still coming in about who may have been on board and where they're from.

But Laurent Fabius, France's Minister of Foreign Affairs, confirmed to CNN that there were at least four French victims on the plane.

FlightRadar24 showed the plane disappearing near Kremenchuk, Ukraine.

Malaysian Prime Minister Najib Razak tweeted that an investigation will be launched immediately. "I am shocked by reports that an MH plane crashed," he posted.

And Ukrainian Prime Minister Arseniy Yatsenyuk ordered that a government commission investigate the crash, a statement from his office said.

Russian President Vladimir Putin "expressed deep condolences" to Malaysia's Prime Minister over the crash, a post Thursday on the Kremlin's website said. He "asked to pass the most sincere word of condolences and support to families and relatives of (the crash) victims," the post said.

Near the end of a phone call Thursday morning with President Obama, Putin noted to the President the early reports of a downed passenger jet near the Russia-Ukraine border, White House press secretary Josh Earnest said.

Obama has directed his staff to be in touch with senior Ukrainian officials, Earnest said.

Later Thursday, Obama said the crash "looks like it may be a terrible tragedy" and he said efforts were underway to determine if any Americans were aboard.

Vice President Joe Biden, who is traveling in Detroit Thursday, talked on the phone with President Poroshenko, Earnest said, adding that Biden offered U.S. assistance to help determine why the crash occurred.

Russia-Ukraine dispute

The route the Malaysian plane was on, between Kuala Lumpur and the Netherlands, is a common one, CNN aviation safety consultant Mary Schiavo said Thursday. She said that the plane was flying over a troubled area and that close communication with air traffic controllers would be a key necessity.

Torez is in a rebel-held area.

In hostile or disputed areas, "any alteration from your course, and you can have a problem," Schiavo said.

ensions have been high between Ukraine and Russia since street protests forced former pro-Moscow President Viktor Yanukovych from power in February. Russia subsequently annexed Ukraine's southeastern Crimea region, and a pro-Russian separatist rebellion has been raging in Ukraine's eastern Luhansk and Donetsk regions.

Ukrainian forces have been struggling to quell the separatist unrest. Ukraine's government has accused Russia of allowing weapons and military equipment, including tanks, to cross the border illegally into the hands of pro-Russian separatists.

The Pentagon said Wednesday that Russia now has 12,000 troops on the border with Ukraine, as well as some heavy weapons. The troop numbers had fallen to about 1,000 previously from a high of an estimated 40,000 forces earlier this year.

On Thursday, CNN reported that Ukrainian officials said a Russian fighter shot down a Ukrainian jet Wednesday as the jet flew in Ukrainian airspace.

Tensions are high over that incident, separate from the breaking news of the Malaysian flight Thursday.

Three months ago, the U.S. Federal Aviation Administration prohibited U.S. airlines from flying in areas not far from where Flight 17 reportedly crashed Thursday. "Due to the potential for conflicting air traffic control instructions from Ukrainian and Russian authorities and for the related potential misidentification of civil aircraft, United States flight operations are prohibited until further notice in the airspace over Crimea, the Black Sea and the Sea of Azov," the FAA said in April. Thursday's plane crash reportedly was in eastern Ukraine, scores of miles north-northeast of the Sea of Azov.

On Thursday, French transportation official Frederic Cuvillier ordered that French airlines avoid Ukrainian airspace until the cause of Thursday's Malaysia Airlines crash is known, the French Transportation Ministry said in a news release.

Airline's troubles

Thursday's crash marks the second time this year that Malaysia Airlines has faced an incident involving a downed plane.

On March 8, Malaysia Airlines Flight 370 disappeared. That Boeing 777 had 239 people on board. Searchers have found no trace of 370 or its passengers, despite extensive search efforts.

Flight 370 probably flew into the southern Indian Ocean on autopilot with an unresponsive crew, Australian authorities said last month.

During the early phase of the search for Flight 370, aircraft and ships scoured vast stretches of the surface of the southern Indian Ocean but found no debris.

Pings initially thought to be from the missing plane's flight recorders led to a concentrated underwater search that turned up nothing.

A new underwater search, farther south, will be broadly in an area where planes and vessels had already looked for debris on the surface of the water. It is expected to begin in August.

The first Boeing 777 entered service in June 1985, and the airplane has flown almost five million flights, accumulating more than 18 million flight hours, according to Boeing's web site. The plane is capable to flying up to 43,100 feet.

What next?

Aviation experts cautioned against jumping to conclusions about Thursday's crash at this early stage.

But all agreed that a massive investigation should be launched, involving parties not involved in the conflict between Ukraine and Russia,

The families of people on board will demand a transparent international investigation, and so will the global community, Quest said.

CNN aviation analyst and pilot Miles O'Brien said he thinks it would be difficult to mistake the plane for a military or hostile aircraft.

"A civilian airliner at that level, at that flight path, would be very difficult to mistake for something that has hostile intent," he said.

The wreckage path, O'Brien said, will reveal a lot. If a plane breaks up in midair, which is likely what would happen in a missile strike, there would be a large swath of wreckage, he said, but if it breaks down due to mechanical failure, the debris field would be more concentrated.

Still nothing on yellow powder on Sugumar's face

 
Two days into the coroner’s inquest on the death of security guard C Sugumar, there is still no insight into the yellow powder found on his face.

Today, the inquest heard testimony from the third and last police witness, Ahmad Lotfi Abd Rahman, who is the Batu 14 police station chief and the first police officer to confront Sugumar during the Jan 23, 2013 incident.

The inquest before Shah Alam coroner Rozi Bainon was assisted by deputy public prosecutor Noor Husnita Mohd Radzi while lawyers Eric Paulsen (right) and Michelle Yesudas are holding a watching brief for Sugumar’s family.

Ahmad Lotfi told the court that he initially did not notice the powder, although he had been trailing 30 metres behind Sugumar and had been observing him before deciding to move in to make the arrest.

This led to the coroner and the deputy public prosecutor to question how could he not notice, and sought clarification whether he meant that he could not see Sugumar’s face.

Ahmad Lotfi: “I was not paying attention, because I wasn’t wearing my glasses.”

Rozi: “Are you near-sighted or far-sighted?”

Ahmad Lotfi: “Both.”

Ahmad Lotfi explained that he was only focusing on Sugumar’s behaviour, and believed him to be “very aggressive” because he was brandishing a metal rod and raving in Tamil.

He added that he first saw the yellow powder at 6.50pm, when he left the scene and returned from fetching a police Land Rover from the Batu 14 police station, located about five minutes’ drive away.

'Sugumar's body too large for police cars'

The Land Rover was meant to carry Sugumar “comfortably” to the hospital for psychiatric evaluation, Ahmad Lotfi said, because he believed Sugumar’s body was too large for the police cars already at the scene.

While he was at the police station, he said, he received a call from another police personnel, Khalid Nordin, that Sugumar was motionless and that his condition was critical.

When he returned to the scene, Ahmad Lotfi said, he was informed that there was no ambulance available to respond to the emergency, but he issued no follow-up order.

“I didn’t give further orders to Khalid because the responsibility of liaising with the ambulance was already been handed to Khalid,” he said.

He added that he was also preoccupied with making calls to brief other police officers on what had happened and other issues, and was still hoping that an ambulance would show up.

In the end, it was a hospital attendant who arrived at 9.10pm, who inspected Sugumar and informed Ahmad Lotfi that Sugumar was already dead.

His remains were loaded into the police Land Rover by the forensics team and then sent to Serdang Hospital for post-mortem at about 11pm.

During cross examination this morning, Khalid, who had also testified yesterday, was grilled on why Sugumar was not sent to a hospital despite lying motionless on the ground.

Paulsen: “Since the ambulance was not coming, why didn’t the police send the suspect straight to the hospital?”

Khalid: “I have to have orders. If I receive orders, then I would send him.”

Paulsen: “Did you ask superiors what to do next after knowing that the ambulance was not coming?”

Khalid: “No.”

Teens pinned him down

Meanwhile, to a question why he ordered Sugumar to be handcuffed twice, Ahmad Lotfi explained that this was not normal practice, but is used to deal with large and aggressive suspects.

If Sugumar had not fallen to the ground, he said, it would have been difficult to apprehend him because of his size.

He said Sugumar had ran into a group of about eight to ten teenagers who were watching the commotion when attempting to flee, and fell after pushing and shoving with the group.

By the time he reached Sugumar, Ahmad Lotfi said Sugumar was already pinned to the ground by the group and was held down by his limbs.

As for the metal rod Sugumar was brandishing, it was nowhere to be seen and Ahmad Lotfi was unsure when was it discarded.

Nevertheless, he said Sugumar struggled in an attempt to break free from him and the youths until the second handcuff was applied, after which he looked exhausted.

The struggle was to such an extent that Sugumar’s pants was somehow pulled off, he said.

The hearing will resume tomorrow with Ahmad Lotfi’s cross-examination, and is scheduled to be the last day of the inquest.

Several members of the public had also been issued subpoenas to testify at the inquest.

However, Paulsen informed the court the three witnesses have yet to respond whether they would be attending court.

Dr M sees nothing wrong with Azizah as MB

 
PKR president Dr Wan Azizah Wan Ismail has received a rare endorsement from her husband's arch nemesis, Dr Mahathir Mohamad.

The former prime minister said there is nothing wrong with women holding leadership positions, including that of menteri besar.

He said this when asked to comment on speculation that Wan Azizah, the wife of Opposition Leader Anwar Ibrahim, might replace Abdul Khalid Ibrahim as Selangor menteri besar.

Mahathir stressed that Islamic nations do not differentiate leaders based on sex but rather on capabilities.

"There is no distinction between men and women. If the people want a woman (to be a leader), they will get a woman.

"We have seen this happen in many Islamic countries," he said.

Previously, Umno lawyer Mohd Hafarizam Harun said a woman might not be suitable due to among others, being unable to accompany the sultan in religious functions in the time of her menses.

His comments drew flak from both sides of the political divide.

Mahathir, however, did not comment on Hafarizam's statement.

The former premier was speaking to reporters after launching the "Drive For Gaza" campaign at the Proton Centre of Excellence in Shah Alam.

Speaking on the situation in Gaza, Mahathir expressed disappointment with Organisation of Islamic Conference (OIC) for keeping quiet on the issue.

He said other Muslim countries should provide aid without waiting for the OIC.

Russian president Putin offers condolences to Najib – Bernama

Russian President Vladimir Putin has offered his condolences to Prime Minister Datuk Seri Najib Razak in regard to the Malaysian Airliner crash over the Ukrainian territory.

Vladimir noted in his official website, that the crash led to numerous casualties.

"The President of Russia asked the Prime Minister of Malaysia to convey his deepest sympathy and support to the victims’ families," the website added.

Najib in his tweet said he was shocked by reports that Malaysia Airlines (MAS) flight MH17 enroute from Amsterdam to Kuala Lumpur had crashed.

An international news agency reported that a Malaysian airplane had crashed in Ukraine near the Russian border today.

MAS in its latest tweet said it lost contact with the flight and the last known position was over Ukrainian airspace. – Bernama

Kassim Ahmad fails to stay syariah proceeding

The court also set October 20 for trial

PUTRAJAYA: Former political and social activist, Dr.Kassim Ahmad who was charged for insulting Islam, today failed to prevent the Federal Territories Syarie chief prosecutor from pursuing his case in the Syariah High Court here.

A three-member panel chaired by Court of Appeal president Md Raus Sharif rejected Kassim’s application to stay the Civil High Court’s refusal of his application to challenge the prosecution’s decision of having charged him in the Syariah High Court.

Kassim is seeking a stay to prevent the prosecution from pursuing the case in the Syariah Court pending disposal of his appeal over the Civil High Court ruling.

Justice Md Raus who heard the stay application with Justices Linton Albert and Wira Mohtarudin Baki said the bench agreed with submissions by senior federal counsel Nor Hisham Ismail that stay should not be granted and the court had fixed July 24 to hear Kassim’s appeal over the High Court ruling.

“As I said, the matter is before the Syariah Court. The application for stay is dismissed. You can ask for an early date for the appeal,” said Justice Md Raus to counsel Rosli Dahlan, who represented Kassim.

On July 14, the Kuala Lumpur High Court in dismissing Kassim’s leave application for a judicial review to challenge the prosecution’s decision of having charged him in the Syariah High Court, ruled that the civil court had no jurisdiction to hear the application and the matter was also within the exclusive jurisdiction of the Syariah Court.

High Court judge Zaleha Yusof made the ruling after allowing the preliminary objection by the Attorney-General’s Chambers against Kassim’s leave application.

Kassim, 81, filed the application at the Putrajaya Syariah High Court on June 26, seeking among others, a writ of certiorari order to strike out the Syarie chief prosecutor’s decision on March 27 to prosecute him for insulting Islam and defying the religious authorities,

He also requested that his case proceedings in the Syariah High Court be suspended pending the decision of the judicial review.

Kassim also applied for an order to quash the action and decision of Jawi (Federal Territories Islamic Religious Department) enforcement officers who had allegedly raided, ransacked and seized his published materials, as well as inspected, detained and removed him from Kedah to the Federal Territory .

He also applied for an order to strike out any arrest, search and confiscation warrants and bond attached thereto, a declaration that the action of the Jawi officers and the prosecution against him were ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Syariah Acts and Kedah Syariah Enactments, and a declaration that the offence of violating a “fatwa” (edict) issued in the FT only applied to FT residents.

In the Syariah High Court today, Syarie judge Azzeman Omar fixed Oct 20 to 22 to try the case of Kassim who had pleaded not guilty to three charges against him.

Azzeman fixed the dates after rejecting the preliminary objection from Rosli made on May to postpone the case hearing and for the third charge not be read to his client.

In his decision, Azzeman said the Syariah Court had the jurisdiction to hear and decide on the case.

On the first charge, Kassim is alleged to have insulted Islam in his speech made at a seminar on “Kassim Ahmad’s Thoughts: An Evaluation of the Roadmap of the Malays and Malaysia for the Next 30 Years”.

In the second charge, he is alleged to have quoted from two of his books titled, “Hadith: A Review” and “Hadith: A Reply to Critics” which have been banned by the Federal Territories fatwa (edict).

Kassim had initially faced two charges but today, the third charge was read out against him, in which he is alleged to have questioned the wearing of the hijab (head-cover) by Muslim women, saying that “hair is not part of the aurat”(parts of a woman’s body which should not be exposed, according to Islamic teachings).

He is alleged to have committed all the offences at the Perdana Global Foundation premises in Precinct 8, here, between 9am and 5pm on Feb 16 2014.

The offences come under Section 7(b) of the Syariah Criminal Offences (Federal Territories) Act 1997 and Section 9 of the same Act, whereby he faces a fine not exceeding RM3,000 or a jail term of up to two years, or both, upon conviction.

Syarie senior prosecutor Che Saufi Che Husin appeared for the prosecution while Kassim was represented by Syarie lawyer Zaini Zainol. -Bernama

Don’t shoot the messenger

Police have been urged to investigate the complaint, not shoot the messenger.

PETALING JAYA: An NGO has urged the police to investigate the complaint made by R. Sri Sanjeevan, the chief of MyWatch, and not to “shoot” him down.

The Centre to Combat Corruption and Cronyism(C4) director Cynthia Gabriel said it is important not to criminalise but to protect the whistleblower.

“We are deeply concerned that Sanjeevan will receive zero protection from the very laws designed to combat corruption,” she said in a statement adding that the Whistleblower Protection Act (WPA) 2010 also does not protect Sanjeevan.

“The WPA’s goal is to give protection to the whistleblower in the form of confidentiality of their information, immunity from civil and criminal action and protection from detrimental action being taken against them,” she said.

“Yet Sanjeevan can tell you that he has enjoyed none of these,” she said. “Whistleblowing is indeed a hazardous venture in Malaysia.”

Government corruption has gained the wrath of citizens over the last few years, she added.

“In a rapidly changing political landscape, many people have been goaded into blowing the whistle on wrongdoing, misconduct and alleged corruption,” she said.

“And yet, protection is scant, government harassment aplenty, personal securities are compromised,” she said. “If past records are anything to go by, the messenger also gets shot at.”

The complaints also gets swept under the rug, and even worse the suspect roams free, she said summing up today’s reality for whistleblowers.

“Sanjeevan can surely testify to all these,” she said.

“This one man has single handedly returned from the dead to slit open alleged corruption in the police force with even more obsessive zeal,” she said praising the valiant acts of Sanjeevan.

Sanjeevan’s latest wrangle with the police is over sex allegations involving a top cop.

The expose is expected to send shock waves through the police force.

“Sanjeevan has refused to handover evidence and has sought assurances from the Home Minister and the Prime Minister that action will be taken,” Cynthia said.

“He expects the alleged perpetrator to be suspended, and that a thorough investigation is carried out. But no such assurance is forthcoming,” she added.

Instead, the police have obtained a court order to compel Sanjeevan to hand over evidence within 14 days to facilitate investigations under Section 509 of the Penal Code and Section 233 of the Communications and Multimedia Act 1998 (CMA).

“C4 is deeply concerned that Sanjeevan will receive zero protection from the very laws designed to combat corruption,” she said.

Under the WPA, a whistleblower does not enjoy any protection if he decides to communicate his allegation of wrongdoing to a person other than a government enforcement agency.

It is a further offence punishable by a fine of up to RM50,000 and imprisonment of up to 10 years if a whistleblower or the person receiving or investigating the report discloses any information about the person accused of wrongdoing, or any other information disclosed by the whistleblower, to a third party.

In contrast, under the New South Wales Public Interest Disclosure Act, if no action is taken by the enforcement agencies, a whistleblower will be protected if he brings the matter to the attention of a Member of Parliament or the media.

“What hope can whistleblowers like Sanjeevan have in gaining protection from the law and lending trust with our public institutions?” Cynthia said.

“C4 strongly recommends that the WPA is revisited and scrutinised again by the lawmakers with inputs from the Bar Council to ensure that public interest disclosure is protected at all times,” she said.

‘Transgenders mentally sick and can be cured’

The Negeri Sembilan legal adviser insists that Gender Identity Disorder (GID) is curable ignoring Health Ministry medical records that it is a life-long condition.

PUTRAJAYA: The legal adviser for the Negeri Sembilan state government told the Court of Appeals today that transgender people are suffering from a mental disorder which is curable despite Health Ministry reports saying otherwise.

Iskandar Ali Dewa said Section 66 of the syariah law states that a man could not dress or pose as a woman because the disorder was curable.

“They can be cured by dressing as a man again,” said Iskandar ignoring the medical reports from the Health Ministry citing that GID is incurable and a life-long condition.

Three transgender individuals are challenging the state syariah law that prohibits them from expressing their gender identity.

Their lawyer, Aston Paiva, showed proof that the ministry signed the medical reports of the transgender individuals citing that their disorder was incurable.

“According to psychiatrists from the Kuala Lumpur Hospital, the patients suffering from GID are actually women trapped in a man’s body,” said Paiva.

He said his clients were not challenging Islam but the legislative laws that discriminate them.

Justice Mohd Hishamuddin Mohd Yunus is chairing the three-man panel to hear the appeal.

The judges on the panel were disturbed to hear that persecution of the transgender community was continuing while the court has yet to decide on the appeal.

This was in reference to the 15 transgender people who were arrested at a Malay wedding and taken into custody by religious officials in a raid in Bahau on June 8.

“I am disturbed by this and the state should stop this action pending the disposal of this appeal,” said Hishamuddin.

Section 66 of the Negri Sembilan Syariah Criminal Act 1992 makes it an offence for men to cross-dress and provides for punishment of up to six months’ jail, a fine of up to RM1,000 or both upon conviction.

The court will make a decision on Nov 7.

RHB to swallow CIMB, MBSB?

(The Rakyat Post) - One critical element has yet to be fully addressed in last week’s plan to create a mega-Islamic bank via the merger of CIMB Group Holdings Bhd, RHB Capital Bhd and Malaysian Building Society Bhd (MBSB) – the 21.6% stake held by Abu Dhabi government investment body Aabar Investments PJS.

The omission of how this Aabar stake will be handled is especially compelling, given that it has often been cited as the main reason why CIMB Group and Malayan Banking Bhd called off their attempts to buy up RHB Capital in 2011.

The lack of any official comment by Aabar in the past week is rather telling and its track record of rarely exiting any of its investments could mean Aabar probably has a bigger plan for its RHB Capital stake that has yet to become public.

What Aabar’s as-yet-undisclosed plan is could be the key to how the merger proposal, which has taken everyone by surprise, somehow secured swift approval from Bank Negara Malaysia (BNM) for negotiations to take place within an exclusive 90-day period, with a further time extension allowed.

Without any idea of what the bigger picture is, and how Aabar fits into the overall scheme of things, there have already been a number of parties which have expressed concern over how the merger could be negative for CIMB Group.

Even international bodies like Moody’s Investors Service and Fitch have issued cautions on how CIMB Group will be impacted, while stating the proposal would be positive for both RHB Capital and MBSB.

If so, why would CIMB Group want to be part of this merger proposal? It doesn’t exactly need to acquire local banks as it is already an Asia-wide entity capable of buying up prospects in any country it’s already operating in and beyond.

And assuming that CIMB Group is taking the lead in this merger plan, why would its president and group chief executive officer Datuk Seri Nazir Razak be relinquishing his executive post and moving to Khazanah Nasional Bhd – instead of staying on to head the enlarged entity?

With so many pieces of the puzzle still missing – including how staff redeployment and client management will be handled, plus the whole deal not making much commercial sense as yet – all available clues point towards bigger forces holding sway rather than just the three entities involved.

This is where the Employees Provident Fund (EPF) – which has significant stakes in CIMB Group, RHB Capital and MBSB – and Aabar are likely in the driving seat for the merger, and possibly acting as proxies for the Malaysian and Abu Dhabi governments to jointly set up the mega Islamic bank.

READ MORE HERE

IGP refutes ‘10 mil ransom for abducted cop’ report

(The Sun Daily) – A visibly angry Inspector-General of Police Tan Sri Khalid Abu Bakar (pix) has refuted a newspaper report that a “10 million” ransom had been demanded by kidnappers for the release of marine police constable Zakia Aleip.

“Don’t put the life of the victim in danger. In this case, the victim is my man. So, do not put my man in danger,” Khalid told the media today while launching the “Ops Selamat 5″ road safety campaign here.

An English daily had today reported that Zakia’s captors had contacted the police at 10.50pm on Sunday with the brief call ending with the caller saying, “I demand 10 million” without specifying the currency.

“Don’t believe the ransom rumours, nor the story!” said Khalid, adding that such reports would create more problems, including jeopardising the victim’s life.

The 26-year old marine policeman was abducted from Pulau Mabul off Semporna last Saturday night by eight heavily-armed gunmen from the southern Philippines who also gunned down his colleague Corporal Abd Rajah Jamuan, 32, in a shootout.

His abductors allowed Zakia to call his 23-year-old wife, Sharifah Erna Benson, on Sunday night to say he was okay but was being held at an undisclosed location.

Commenting on former prime minister Tun Dr. Mahathir Mohamad’s statement in his blog that it is time to demolish the water villages along the east coast of Sabah and relocate the people in secure places on land, Khalid said the Sabah government is already planning to do so.

He said apart from being a hive for criminals, the water villages are also bad for the inhabitants’ health due to bad sanitation.

“The Sabah government has started a census on the water villagers. All the non-Malaysians will be repatriated,” he said, adding that the relocation plan is only for Malaysian citizens.

Meanwhile, Bernama quoted Home Minister Datuk Seri Ahmad Zahid Hamidi as saying the authorities in Sabah have been instructed to monitor the movement of permanent residents in a bid to identify and arrest those who are the moles and henchmen of foreign intruders .

“The government will not hesitate to take legal action against the permanent residents or illegal immigrants caught being henchmen for such groups,” he warned.

“We will not compromise and once we have valid information on these henchmen, they will not escape,” he said, adding that the authorities can use existing laws, such as the Security Offences (Special Measures) Act 2012 (Sosma) or the Police Act 1967 against such people.

Speaking to reporters after being interviewed in the “Mesej Dari Penjara” segment in TV3′s Wanita Hari Ini programme today, Ahmad Zahid said the government is not planning to separate the settlements according to the various ethnicities in Sabah as the henchmen do not comprise any one ethnic background.

“We cannot separate them according to Tausug or other ethnicities because we don’t see them (henchmen) as being a certain ethnicity, so we will monitor meticulously to ensure that no one will be wrongly prosecuted,” he added.

Unconstitutional to bar women MBs over menstrual cycle, lawyers say

Malay Mail
by MELISSA CHI


KUALA LUMPUR, July 16 ― It is unconstitutional to bar a woman from becoming mentri besar just because she menstruates, several lawyers said after Umno legal adviser claimed Datuk Seri Dr Wan Azizah Wan Ismail’s monthly cycle would hinder her performance as Selangor MB.
 
Human rights lawyer Honey Tan labelled Datuk Mohd Hafarizam Harun’s remark “sexist” and “patriarchal” and reminded the Umno man that Article 8(2) of the Federal Constitution prohibits gender discrimination.

The Selangor Constitution, she added, is consonant with the country’s supreme law on the matter as there is no provision barring a woman from heading the administration of the state.

“As usual, it is the (mis)interpretation of Islam that contributes to women's de facto discrimination, not just in the political arena but also at work and in the home.   

“Finally, Hafarizam's argument is moot because Wan Azizah has reached menopause. So what is his argument now?” she told The Malay Mail Online via e-mail.

Dr Wan Azizah is 61 years old.

Tan also pointed out that many Muslim women in the world have taken on key political posts, citing the prime ministers of Pakistan and Bangladesh, Benazir Bhutto and Sheikh Hasina, as examples.

“So obviously Islam is not an issue,” she remarked.

The 1959 Selangor Constitution only requires the state mentri besar to be a Malay and Muslim, but does not lay down conditions on the gender.

Dr Wan Azizah, who is both a Malay and a Muslim, is also the state assemblyman for the Kajang constituency in Selangor, fulfilling the most important requirement.

In a New Straits Times report yesterday, Hafarizam had reportedly said that Dr Wan Azizah, who is PKR president and the wife of Opposition Leader Datuk Seri Anwar Ibrahim, could not be made the next Selangor mentri besar because her menstrual cycle prevents her from attending religious events during that time of the month.

The Umno lawyer, who was commenting on speculation that Dr Wan Azizah may be poised to replace Tan Sri Khalid Ibrahim for the post, said the mentri besar has always been male for this reason, despite there being no specific clause excluding a woman from holding the post.

Bar Council constitutional law committee chairman Firdaus Husni also disagreed with Hafarizam, noting that there is no specific provision under the law ― in particular the state constitution ― to stop a woman from holding the post of mentri besar.

“The barring of a citizen from holding the post of mentri besar on the ground only of gender is not expressly authorised by the Federal Constitution.

“Such move would therefore be unconstitutional, not to mention discriminatory. Yes, by extension his argument would mean that we cannot have a female PM,” she said.

Arguing on the same point, civil liberties lawyer Syahredzan Johan, who called Umno’s Mohd Hafarizam’s remarks “baseless and unwarranted”, said even if a mentri besar is unable to accompany the Sultan during religious functions for whatever reason, the relevant state executive councillor could stand in his or her place.

He also said that placing restrictions based on biological differences legitimises in-built prejudices against women and has consequence of perpetuating the myth that women should not occupy positions of power.

Although he noted that it was far more likely to see a non-Malay prime minister than a female prime minister in Malaysia, it does not justify comments like Hafarizam’s.

Instead, he said, the country should be encouraging more participation of women in politics and positions of power.

“Admittedly, I do think a lot of people in our present political leadership, at least in private, they do share these sentiments expressed by Datuk Hafarizam, perhaps not in such a crude manner because of menses and all that but the very fact is that they do share this perception or belief that women should not occupy the highest position of power.

“They are given token positions such as to take care of women’s affairs, but nowhere near the so-called important portfolios.

“Unfortunately that has to change and that change should have already started. Unfortunately we still get these kind of sentiments expressed... and being shared among politicians,” he said.

Weighing in, Bar Council president Christopher Leong said a woman’s menstruation cycle cannot be seen as a disability or a factor for disqualification.

“In any event, in the scenario alluded to in the news report, the menstruation cycle would not be a subsisting issue for women above certain ages,” he said.

He pointed out that Malaysia has also ratified the UN Convention for the Elimination of All Forms of Discrimination against Women (“CEDAW”).

“Therefore, the issue of women being barred, purely by virtue of their circumstance as women, from participating fully in society and in assuming any public office does not arise.

In Islam, a menstruating woman is considered “unclean”, and is prohibited from praying and reading Quran, among others.

Most Islamic scholars also bar women from entering a mosque while menstruating.