Thursday, 11 September 2014
PHOTO: Danish Muslim from Copenhagen Poses with Severed Heads
A 25-year-old from the Copenhagen suburbs posted photos of himself, fully-armed, posing near severed heads in Syria. A Scandinavian terror expert tells The Local it is the first time a Dane has been seen in such a gruesome situation.
Read More: http://pamelageller.com/2014/09/photo-danish-muslim-copenhagen-poses-severed-heads.html/
Isis recruitment moves from online networks to British mosques
Growing evidence that Britain is a specific target for jihadis looking to exploit fundamentalist Islam
Networks of radicals are re-emerging in British mosques and elsewhere to encourage and facilitate Muslims wanting to travel to Syria and Iraq to fight for Islamic State (Isis).
Until now most fighters from Britain who are known to have travelled to Syria have been persuaded and helped via online networks where extremists provide advice on crossing the Turkish border and linking up with Isis fighters.
But a combination of a Turkish border clampdown and a focus by counter-terrorist police on taking down online networks has led to recruitment on the ground becoming more important, sources say.
Communities of radicals recruiting young Brits are thought to include preachers, battle-hardened returning fighters and jihad sympathisers.
Examples of on the ground recruitment have been seen in Cardiff and Birmingham – amid wider evidence that the UK is being specifically targeted by those with links to Isis in Europe.
Abdullah, 19, who tweets as @Jihadwitness – and says he is an Isis supporter based in another European country – said the UK was of interest because it has "a large minority of Salafis". He was one of the first people to put the video of the murder of James Foley on Twitter.
The Salafist strands in Islam tend to promote a fundamentalist outlook, a strict adherence to sharia law and a belief that it is incumbent on believers to fight holy war, or jihad. Abdullah, who declined to give the Guardian his surname, said he believed active recruitment was now taking place in mosques and other centres across Europe following Isis successes and their announcement that they had established a theological state, or caliphate (khilafah) spanning Syria and Iraq.
"We're really excited to come in and join the khilafah. I know many brothers who have said the recruitment has been booming ever since the announcement [of the caliphate's establishment] was made because this is what all these groups fought for for years and years," he said.
A steady stream of Britons continue to make their way to Syria, according to counter-terrorism sources. An estimated 500 to 600 individuals are known to have travelled to the country, and 250 have since returned. Anti-terrorism investigators have growing concerns that a minority of those who return might be planning to attack Britain – under the direction of the Isis leadership or in a lone action.
According to figures from the International Centre for the Study of Radicalisation (ICSR), Britain has the second largest number of foreign fighters in Syria out of any European country.
In Cardiff, from where three Britons travelled to fight in Syria last year, many in the Muslim community are concerned about extremist messages coming from some preachers in the city.
The imam of the Jalalia mosque, Mohammad Bashir Uddin, resigned last month in protest over radical preaching there. At the time Uddin, the imam, told a local newspaper: "People don't understand the relationship between Salafism and terrorism." Women from the same mosque have raised a petition against the use of Salafi speakers and the subjugation of women contained in their teachings, and given it to the mosque committee.
But Muhammed Bashir Ahmed, chairman of the mosque committee, denied extremist teachings were coming from his mosque. He said the imam had not objected to the particular Salafi speaker at the time.Ahmed said he had received the petition but no action was being taken as "there was nothing wrong".
The Charity Commission carried out an assessment after the imam's resignation. But a spokeswoman said that after interviewing the mosque committee, the commission had been reassured. But the commission did not speak to the imam who had made the allegations.
The Charity Commission told the Guardian it was also examining another mosque in Cardiff – the Al Manar mosque, where the three men who travelled to Syria worshipped. Nasser Muthana, Assel Muthana and Reyaad Khan from the city travelled to Syria last year. Nasser Muthana subsequently appeared in a propaganda video produced by Isis. It is thought up to six men from the Welsh city may be in Syria.
Sheikh Zane Abdo, imam of the South Wales Islamic centre in Butetown, said many were concerned about speakers with extremist links preaching in Cardiff. "The local Muslim community, the mosques, our leaders need to be working a lot more closely with each other and with the local authority, with the parents, with the police to prevent people from being radicalised, to prevent further heartache," he said.
In Birmingham a leaked police report published this week reveals that extremists are providing support and facilitation for those wishing up travel abroad to fight. The report, written by former assistant chief constable Sharon Rowe in 2013 and leaked to a local newspaper on Friday, says: "Influential extremists continue to operate in Birmingham, promoting extremist ideologies." Rowe said they were operating from locations including gyms, restaurants and cafes, which are "used to facilitate extremist activity by allowing key figures to operate and promulgate their message".
Two men from Birmingham are due to be sentenced this month after travelling to Syria to fight. Yusuf Sarwar and Mohammed Ahmed, both 22, pleaded guilty to terror charges at Woolwich crown court.
One parent – Walid el-Araj – speaking for the first time a year after his son's death, said he still had no real idea as to how his 23-year-old son, Mohammed el-Araj, from Ladbroke Grove, west London, was encouraged to travel to Syria. He is sure that others were involved.
He told the Guardian his son had spun a series of lies in the months preceding his departure for Syria. "I thought that he was at college and he wasn't. I thought he was already [enrolled] at a course but he wasn't.
"Always, because I believed him, he gave me a positive answer about any questions [I had]. And I was busy with my work. Any time I asked, when I arrived home, and ask 'where is he' ... he'd be at the mosque."
"I don't know which mosque. I wish I knew the mosque. Because I was seriously angry. I want to catch any of these imams and want to find out how they make these young boys [do this]."
El-Araj is was killed in Syria in August 2013, around the same time as another west Londoner, 22-year-old Choukri Ellekhlifi. The death has left him heartbroken he said. "I lost my son … he was born from my hand but I didn't know how to control him … my life is destroyed completely."
Networks of radicals are re-emerging in British mosques and elsewhere to encourage and facilitate Muslims wanting to travel to Syria and Iraq to fight for Islamic State (Isis).Until now most fighters from Britain who are known to have travelled to Syria have been persuaded and helped via online networks where extremists provide advice on crossing the Turkish border and linking up with Isis fighters.
But a combination of a Turkish border clampdown and a focus by counter-terrorist police on taking down online networks has led to recruitment on the ground becoming more important, sources say.
Communities of radicals recruiting young Brits are thought to include preachers, battle-hardened returning fighters and jihad sympathisers.
Examples of on the ground recruitment have been seen in Cardiff and Birmingham – amid wider evidence that the UK is being specifically targeted by those with links to Isis in Europe.
Abdullah, 19, who tweets as @Jihadwitness – and says he is an Isis supporter based in another European country – said the UK was of interest because it has "a large minority of Salafis". He was one of the first people to put the video of the murder of James Foley on Twitter.
The Salafist strands in Islam tend to promote a fundamentalist outlook, a strict adherence to sharia law and a belief that it is incumbent on believers to fight holy war, or jihad. Abdullah, who declined to give the Guardian his surname, said he believed active recruitment was now taking place in mosques and other centres across Europe following Isis successes and their announcement that they had established a theological state, or caliphate (khilafah) spanning Syria and Iraq.
"We're really excited to come in and join the khilafah. I know many brothers who have said the recruitment has been booming ever since the announcement [of the caliphate's establishment] was made because this is what all these groups fought for for years and years," he said.
A steady stream of Britons continue to make their way to Syria, according to counter-terrorism sources. An estimated 500 to 600 individuals are known to have travelled to the country, and 250 have since returned. Anti-terrorism investigators have growing concerns that a minority of those who return might be planning to attack Britain – under the direction of the Isis leadership or in a lone action.
According to figures from the International Centre for the Study of Radicalisation (ICSR), Britain has the second largest number of foreign fighters in Syria out of any European country.
In Cardiff, from where three Britons travelled to fight in Syria last year, many in the Muslim community are concerned about extremist messages coming from some preachers in the city.
The imam of the Jalalia mosque, Mohammad Bashir Uddin, resigned last month in protest over radical preaching there. At the time Uddin, the imam, told a local newspaper: "People don't understand the relationship between Salafism and terrorism." Women from the same mosque have raised a petition against the use of Salafi speakers and the subjugation of women contained in their teachings, and given it to the mosque committee.
But Muhammed Bashir Ahmed, chairman of the mosque committee, denied extremist teachings were coming from his mosque. He said the imam had not objected to the particular Salafi speaker at the time.Ahmed said he had received the petition but no action was being taken as "there was nothing wrong".
The Charity Commission carried out an assessment after the imam's resignation. But a spokeswoman said that after interviewing the mosque committee, the commission had been reassured. But the commission did not speak to the imam who had made the allegations.
The Charity Commission told the Guardian it was also examining another mosque in Cardiff – the Al Manar mosque, where the three men who travelled to Syria worshipped. Nasser Muthana, Assel Muthana and Reyaad Khan from the city travelled to Syria last year. Nasser Muthana subsequently appeared in a propaganda video produced by Isis. It is thought up to six men from the Welsh city may be in Syria.
Sheikh Zane Abdo, imam of the South Wales Islamic centre in Butetown, said many were concerned about speakers with extremist links preaching in Cardiff. "The local Muslim community, the mosques, our leaders need to be working a lot more closely with each other and with the local authority, with the parents, with the police to prevent people from being radicalised, to prevent further heartache," he said.
In Birmingham a leaked police report published this week reveals that extremists are providing support and facilitation for those wishing up travel abroad to fight. The report, written by former assistant chief constable Sharon Rowe in 2013 and leaked to a local newspaper on Friday, says: "Influential extremists continue to operate in Birmingham, promoting extremist ideologies." Rowe said they were operating from locations including gyms, restaurants and cafes, which are "used to facilitate extremist activity by allowing key figures to operate and promulgate their message".
Two men from Birmingham are due to be sentenced this month after travelling to Syria to fight. Yusuf Sarwar and Mohammed Ahmed, both 22, pleaded guilty to terror charges at Woolwich crown court.
One parent – Walid el-Araj – speaking for the first time a year after his son's death, said he still had no real idea as to how his 23-year-old son, Mohammed el-Araj, from Ladbroke Grove, west London, was encouraged to travel to Syria. He is sure that others were involved.
He told the Guardian his son had spun a series of lies in the months preceding his departure for Syria. "I thought that he was at college and he wasn't. I thought he was already [enrolled] at a course but he wasn't.
"Always, because I believed him, he gave me a positive answer about any questions [I had]. And I was busy with my work. Any time I asked, when I arrived home, and ask 'where is he' ... he'd be at the mosque."
"I don't know which mosque. I wish I knew the mosque. Because I was seriously angry. I want to catch any of these imams and want to find out how they make these young boys [do this]."
El-Araj is was killed in Syria in August 2013, around the same time as another west Londoner, 22-year-old Choukri Ellekhlifi. The death has left him heartbroken he said. "I lost my son … he was born from my hand but I didn't know how to control him … my life is destroyed completely."
Anwar Menteri Kewangan Pertama Minta GST Dilaksana
Perdana Menteri, Datuk Seri Najib Tun Razak berkata perlaksanaan GST yang telah disokong oleh Anwar telah diutarakan dalam perbentangan bajet tahunan negara.
“Saya bukan Menteri Kewangan yang pertama menyebut tentang GST. Saya mahu memberi tahu Menteri Kewangan pertama yang sebut hasrat kerajaan untuk melaksanakan GST pada tahun 1992 dalam ucapan (perbentangan) bajet, nama Menteri Kewangan ketika itu Datuk Seri Anwar Ibrahim.
“Pada 30 Oktober 1992, Menteri Kewangan pada ketika itu menyebut bahawa GST akan dilaksanakan pada tahun hadapan tetapi Anwar membuat pusingan.
“GST sejak ketika itu lagi dalam perancangan kerajaan. Jika GST tidak baik, mana mungkin dalam kerajaan ketika itu sanggup mengumumkan bahawa GST akan dilaksanakan,” katanya ketika menutup Majlis Penerangan Perdana GST di Pusat Dagangan Dunia Putra (PWTC) di sini hari ini.
Najib yang hadir pada majlis tersebut telah menerangkan kepada hampir 2,000 orang awam mengenai manfaat pelaksanaa GST yang mampu memacu ekonomi negara ke arah status negara maju.
Sebelum ini, Anwar telah menyelar bahawa pelaksanaan GST merupakan cukai menghukum rakyat.
“Tiada perubahan antara jurang kaya dan miskin. Kita akan bersungguh-sungguh menentang GST,” kata Anwar.
Menurut Najib, pembangkang sering kali menyalahkan kerajaan melaksanakan cukai tersebut walhal dalam pada masa yang sama Anwar turut menyokong penuh pelaksanaan cukai tersebut semasa memegang jawatan sebagai Menteri Kewangan pada tahun 1992.
“Kita bukan seperti pembangkang, main politik memanjang. Janji sana, janji sini tetapi perbelanjaan daripada mana? Hasil daripada mana?
“Kita bertanggungjawab. Kita mahu buat dengan cara yang baik dan teratur serta turut menerangkan kepada rakyat.
“Tidak mengapa jika ada orang mengatakan GST ini tidak popular tetapi selepas kita laksanakan GST, selepas ekonomi kita akan kukuh dan mencapai taraf negara maju, rakyat akan berterima kasih kepada kerajaan bahawa GST itu telah dilaksanakan.
“Kita akan buktikan dibawah pimpinan BN kita akan terus membawa rakyat dan negara ke arah yang lebih maju dan lebih berjaya,” katanya.
Pelaksanaan cukai GST dikenakan sebanyak 6 peratus berbanding cukai sedia ada iaitu Sales And Service Tax (SST) sebanyak 12 peratus.
GST turut dilaksanakan sebanyak 160 negara dan Malaysia merupakan negara Asia yang mengenakan cukai GST lebih rendah berbanding negara lain seperti China sebanyak 17 peratus.
Cukai tersebut lebih adil apabila mengenakan 6 peratus dari perkilangan ke kedai perkhidmatan untuk pembeli tidak perlu khuatir akan pembelian barangan yang bercukai berganda ataupun cukai tersembunyi.
Ia juga dapat mengurangkan kos perniagaan peruncit daripada pembekal kerana pembekal boleh mendapatkan pulangan GST.
Gobind: Sedition charge against Azmi absurd
The Puchong MP welcomes the Attorney-General's announcement to review the sedition charge against Dr.Azmi Sharom.
PETALING JAYA: DAP National Legal Bureau chairman Gobind Singh Deo said the sedition charge against Universiti Malaya law professor Dr.Azmi Sharom should be dropped as it “borders on absurdity”.
Gobind said he welcomed the recent announcement by the Attorney-General (AG) to review the sedition charge against Azmi and others.
“The charge against Azmi borders on absurdity because he is accused of committing sedition in advancing an argument advocating openness and transparency in the Selangor menteri besar dispute,” he said in a press statement today.
He added that the charge would not help to build a nation which promoted healthy discussion among academicians.
Gobind, who is also the Puchong MP, said the AG should consider the impact the charge would have on freedom of expression in particular academicians.
He should take into account rights to express professional opinion on matters of public importance.
“I hope that reason will prevail and the charges against Azmi will be dropped,” he added.
Gobind also asked the AG to reconsider all other cases charged under the Sedition Act.
Gobind said he welcomed the recent announcement by the Attorney-General (AG) to review the sedition charge against Azmi and others.
“The charge against Azmi borders on absurdity because he is accused of committing sedition in advancing an argument advocating openness and transparency in the Selangor menteri besar dispute,” he said in a press statement today.
He added that the charge would not help to build a nation which promoted healthy discussion among academicians.
Gobind, who is also the Puchong MP, said the AG should consider the impact the charge would have on freedom of expression in particular academicians.
He should take into account rights to express professional opinion on matters of public importance.
“I hope that reason will prevail and the charges against Azmi will be dropped,” he added.
Gobind also asked the AG to reconsider all other cases charged under the Sedition Act.
Public speaker charged with sedition for insulting Sultan
A public speaker claim trial to a sedition charge for insulting the Sultan of Selangor.
SHAH ALAM: A freelance public speaker pleaded not guilty today to a charge of making a seditious statement which insulted the Sultan of Selangor, Sultan Sharafuddin Idris Shah, via Facebook last year.
Wan Ji Wan Hussin, 32, is alleged to have committed the offence at the Selangor State Secretariat Housing Office, Level 5, Sultan Salehuddin Abdul Aziz Shah Building, Section 5, here, at 10am on Nov 5, last year.
He was charged under Section 4(1)(C) of the Sedition Act 1948 and the offence is punishable under Section 4(1) of the same Act, which carries a fine not exceeding RM5,000 or a jail term of up to three years, or both.
His counsel, Radzlan Jalaludin, asked the court to set bail at RM2,000, saying his client could not afford a big amount as he has four children to support.
Sessions Court judge Slamat Yahya set bail at RM5,000 in one surety and fixed Oct 10 for case mention. Wan Ji paid the bail.
The judge also ordered Wan Ji, a former Selangor PAS committee member to surrender his passport but the accused claimed he had lost it.
The court then issued an order for the Immigration Department to prevent the accused from going abroad.
Selangor Prosecution Unit head Mohd Azari Harun conducted the prosecution. - Bernama
Wan Ji Wan Hussin, 32, is alleged to have committed the offence at the Selangor State Secretariat Housing Office, Level 5, Sultan Salehuddin Abdul Aziz Shah Building, Section 5, here, at 10am on Nov 5, last year.
He was charged under Section 4(1)(C) of the Sedition Act 1948 and the offence is punishable under Section 4(1) of the same Act, which carries a fine not exceeding RM5,000 or a jail term of up to three years, or both.
His counsel, Radzlan Jalaludin, asked the court to set bail at RM2,000, saying his client could not afford a big amount as he has four children to support.
Sessions Court judge Slamat Yahya set bail at RM5,000 in one surety and fixed Oct 10 for case mention. Wan Ji paid the bail.
The judge also ordered Wan Ji, a former Selangor PAS committee member to surrender his passport but the accused claimed he had lost it.
The court then issued an order for the Immigration Department to prevent the accused from going abroad.
Selangor Prosecution Unit head Mohd Azari Harun conducted the prosecution. - Bernama
UPSR science paper leaked on Internet
The Examination Board appeals to authorities to investigate and take action against those responsible for it.
PETALING JAYA: The UPSR science paper scheduled for tomorrow has been postponed to Sept 30 due to a leakage of the question paper that was posted online and spread through social media.
The science paper in question is 018 (National School), 028 (National Type Chinese School) and 038 (National Type Tamil School).
In a statement, a representative from the Education Ministry said, “The Malaysian Examinations Board has lodged a police report to facilitate investigations and action will be taken against those involved.”
Second education minister Datuk Seri Idris Jusoh sent out an apology via Twitter to all Year Six pupils saying he was deeply sorry for the leakage of the UPSR science questions.
The science paper in question is 018 (National School), 028 (National Type Chinese School) and 038 (National Type Tamil School).
In a statement, a representative from the Education Ministry said, “The Malaysian Examinations Board has lodged a police report to facilitate investigations and action will be taken against those involved.”
Second education minister Datuk Seri Idris Jusoh sent out an apology via Twitter to all Year Six pupils saying he was deeply sorry for the leakage of the UPSR science questions.
Teoh Beng Hock appeal verdict a turning point? – Koon Yew Yin
In the last few years, the reputation of Malaysia's judiciary for fairness and adherence to do justice strictly according to the law has taken a severe beating.
Notorious cases such as the Linda Joy, Anwar Ibrahim, Nizar vs Zambry, and other less politically visible cases have raised public doubts as to whether our judges, especially in cases with politically sensitive outcomes, are able to arrive at fair and just decisions.
Or whether in fact the opposite has taken place with judges more concerned with career advancement and playing ball with the powers that be.
Public concern that our courts, including at the highest level, may in fact be filled with partisan, unfair or even corrupt judges, has been rising non-stop since the Mahathir era. In my piece, “How low can our judiciary go” last April, I noted that at no time in the country's history has there been such a large and wide variety of politically charged cases being brought to the courts of law.
This includes the present batch of ridiculous sedition cases which have made the Attorney-General's Chambers a laughing stock among knowledgeable legal circles all over the world.
I have also noted that “if we take these cases individually and collectively, the overall impression that can be obtained from the many articles and analysis which have appeared in the Internet media is that the Malaysian judiciary has come under tremendous political pressure when arriving at their judgments”.
Some authoritative observers of the deterioration in judicial standards in the country have been much more critical of judges.
The highly respected former Court of Appeal judge N.H. Chan, a legal expert who was called to the English Bar in 1959 and has more than 50 years of experience in Malaysian legal practice at the private and public level, has asked with understandable exasperation how could it be that we are the only country, out of all the other common law countries, in the entire world that has so many incompetent judges? His answer is that there must be something wrong in our system for the appointment of judges.
Many people from the legal fraternity agree with him. There was a time when judges were appointed from the cream of the legal profession and the law departments in our universities produced graduates who knew their law and were of some standard.
With the decline in educational standards, it was inevitable that the standards of law graduates in the country, and with it, also the standard of judges, recruited to administer justice, would also fall.
Apart from the decline in educational standards, the factor of politically-biased appointments has played a role.
The Lingam case and the shocking disclosures arising from the Royal Commission of Inquiry, in particular, show clearly that the appointment of judges in the country has been tainted, and that there was evidence of ethical and criminal misconduct by lawyer Lingam, various judges, politicians and businessmen on the matter of judicial appointments.
Despite this finding, the Attorney-General chose not to put Lingam in the dock. This was not because no law had been broken but because of the fear that the skeletons that would emerge out of the closet during the trial would bring down the government.
We are still living with the legacy of a compromised judiciary and the dark shadows cast by prominent members of the judiciary who are more interested in the pursuit of power and self interest rather than with the pursuit of justice.
But every now and then, a verdict comes from out of the blue which shows that there are also good and honourable judges in the system who are not interested in the pursuit of power and self interest, and who are willing to stand firm in the administration of impartial and principled justice.
The most recent example of this has just arrived from the Teoh Beng Hock case, a landmark case which has riveted the attention of the nation for over five years now.
Members of the public who were expecting that this case would go unpunished by our judicial authorities were pleasantly surprised. As a result we see in the internet media the almost universal praise and accolades accorded to the three appeal court judges, Ariff Yusuf, Mah Weng Kwai and Hamid Sultan for their reasoned, meticulous and rigorous written judgments when they struck down the earlier open verdict on the case arrived at by the Shah Alam High Court in refusing to set aside the coroner's open verdict in the Beng Hock inquest.
In their unanimous decision, the judges held that Teoh's death was caused by multiple injuries from a fall from the 14th floor of Plaza Masalam as a result of, or which was accelerated by an unlawful act or acts of persons unknown, inclusive of Malaysian Anti-Corruption Commission (MACC) officers who were involved in his arrest and investigation.
Teoh's sister, Lee Lan, has lodged a police report at the Shah Alam police quarters to speed up police investigation. The police must remember that some MACC officers have caused the death and the culprits must be caught and punished adequately.
Whatever happens next in the case, it is important that we should not lose faith in the integrity of our judiciary which forms the first line of defence in the protection of our constitutional rights.
It is not only judges themselves who must exercise vigilance so that their independence is not compromised by political, legislative and other pressures. It is all Malaysians who must stand firm so that there is no political or executive interference with the judicial process. – September 10, 2014.
* Koon Yew Yin reads The Malaysian Insider.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.
- See more at: http://www.themalaysianinsider.com/sideviews/article/teoh-beng-hock-appeal-verdict-a-turning-point-koon-yew-yin#sthash.A6oCcAG6.dpuf
Notorious cases such as the Linda Joy, Anwar Ibrahim, Nizar vs Zambry, and other less politically visible cases have raised public doubts as to whether our judges, especially in cases with politically sensitive outcomes, are able to arrive at fair and just decisions.
Or whether in fact the opposite has taken place with judges more concerned with career advancement and playing ball with the powers that be.
Public concern that our courts, including at the highest level, may in fact be filled with partisan, unfair or even corrupt judges, has been rising non-stop since the Mahathir era. In my piece, “How low can our judiciary go” last April, I noted that at no time in the country's history has there been such a large and wide variety of politically charged cases being brought to the courts of law.
This includes the present batch of ridiculous sedition cases which have made the Attorney-General's Chambers a laughing stock among knowledgeable legal circles all over the world.
I have also noted that “if we take these cases individually and collectively, the overall impression that can be obtained from the many articles and analysis which have appeared in the Internet media is that the Malaysian judiciary has come under tremendous political pressure when arriving at their judgments”.
Some authoritative observers of the deterioration in judicial standards in the country have been much more critical of judges.
The highly respected former Court of Appeal judge N.H. Chan, a legal expert who was called to the English Bar in 1959 and has more than 50 years of experience in Malaysian legal practice at the private and public level, has asked with understandable exasperation how could it be that we are the only country, out of all the other common law countries, in the entire world that has so many incompetent judges? His answer is that there must be something wrong in our system for the appointment of judges.
Many people from the legal fraternity agree with him. There was a time when judges were appointed from the cream of the legal profession and the law departments in our universities produced graduates who knew their law and were of some standard.
With the decline in educational standards, it was inevitable that the standards of law graduates in the country, and with it, also the standard of judges, recruited to administer justice, would also fall.
Apart from the decline in educational standards, the factor of politically-biased appointments has played a role.
The Lingam case and the shocking disclosures arising from the Royal Commission of Inquiry, in particular, show clearly that the appointment of judges in the country has been tainted, and that there was evidence of ethical and criminal misconduct by lawyer Lingam, various judges, politicians and businessmen on the matter of judicial appointments.
Despite this finding, the Attorney-General chose not to put Lingam in the dock. This was not because no law had been broken but because of the fear that the skeletons that would emerge out of the closet during the trial would bring down the government.
We are still living with the legacy of a compromised judiciary and the dark shadows cast by prominent members of the judiciary who are more interested in the pursuit of power and self interest rather than with the pursuit of justice.
But every now and then, a verdict comes from out of the blue which shows that there are also good and honourable judges in the system who are not interested in the pursuit of power and self interest, and who are willing to stand firm in the administration of impartial and principled justice.
The most recent example of this has just arrived from the Teoh Beng Hock case, a landmark case which has riveted the attention of the nation for over five years now.
Members of the public who were expecting that this case would go unpunished by our judicial authorities were pleasantly surprised. As a result we see in the internet media the almost universal praise and accolades accorded to the three appeal court judges, Ariff Yusuf, Mah Weng Kwai and Hamid Sultan for their reasoned, meticulous and rigorous written judgments when they struck down the earlier open verdict on the case arrived at by the Shah Alam High Court in refusing to set aside the coroner's open verdict in the Beng Hock inquest.
In their unanimous decision, the judges held that Teoh's death was caused by multiple injuries from a fall from the 14th floor of Plaza Masalam as a result of, or which was accelerated by an unlawful act or acts of persons unknown, inclusive of Malaysian Anti-Corruption Commission (MACC) officers who were involved in his arrest and investigation.
Teoh's sister, Lee Lan, has lodged a police report at the Shah Alam police quarters to speed up police investigation. The police must remember that some MACC officers have caused the death and the culprits must be caught and punished adequately.
Whatever happens next in the case, it is important that we should not lose faith in the integrity of our judiciary which forms the first line of defence in the protection of our constitutional rights.
It is not only judges themselves who must exercise vigilance so that their independence is not compromised by political, legislative and other pressures. It is all Malaysians who must stand firm so that there is no political or executive interference with the judicial process. – September 10, 2014.
* Koon Yew Yin reads The Malaysian Insider.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.
- See more at: http://www.themalaysianinsider.com/sideviews/article/teoh-beng-hock-appeal-verdict-a-turning-point-koon-yew-yin#sthash.A6oCcAG6.dpuf
Najib Assures Malaysians GST Will Not Be A Burden
KUALA LUMPUR, Sept 10 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak today assured Malaysians that the Goods and Services Tax (GST), a progressive tax system to be implemented on April 1, 2015, will not burden them.
He said the new tax structure, which is adopted by 90 per cent of the countries in the world, must be implemented in Malaysia to ensure sustained and continued growth for the country.
Najib said the government was not rushing into implementing the GST as it had studied its implications for the past 30 years and was convinced that it would benefit the people and country.
"Be assured, I will not burden the people. As the Barisan Nasional Chairman, I will not inconvenience them as the government is backed by the peoples' support," he said when closing a briefing session on GST at the Putra World Trade Centre here, Wednesday.
The government will implement the GST at a fixed rate of six per cent to replace the present Sales and Services Tax at 16 per cent.
Najib also explained to the 2,000 odd participants why the GST was good, how it would spur the country's economic growth and in attaining developed nation status.
He said the GST was not new as it had been mentioned by three previous finance ministers including Opposition Leader Datuk Seri Anwar Ibrahim, when he tabled the budget on Oct 30, 1992.
"We must have strong financial resources. Each time we present the annual budget, there must be the bonus element, or else the budget is considered not good.
For a month's bonus, the government has to fork out about RM5.6 billion. It is the government's responsibility to look after the 1.5 million civil servants and 300,000 pensioners. The country needs enough resources," he said.
Najib said to sustain the country's financial stability, the implementation of GST was vital to increase revenue stream.
Najib said out of a workforce of 12 million people, only 1.2 million employees were paying taxes and the revenue collected was benefiting 28 million Malaysians.
"Among others, tax revenue was necessary for the provision of health services, as there was always a pressing need to increase hospitals and beds for the people," he said.
However, Najib admitted that the GST would result in a slight increase of 1.8 per cent in the price of certain goods.
But, he assured that the increase would not involve essential goods and services and, strict enforcement would be in place with additional back up of enforcement officers from the Ministry of Domestic Trade, Cooperative and Consumerism.
"The public can also lodge reports to the government against unscrupulous traders who raise prices so that action can be taken against them," he said, adding that recipients of the 1Malaysia People's Aid (BR1M) should also use their one-off handouts wisely.
Beginning next year, the government would top up an additional RM300 to the current payment of RM650 to alleviate the plight of the low-income following the introduction of GST.
Najib also advised traders to be GST ready by registering their businesses as soon as possible and not wait until the last minute.
IGP and AG allowed to intervene in Deepa's case - Malaysiakini
The three-member appellate court panel led by Justice Balia Yusof Wahi made the decision after lawyer Joanne Leong, representing Deepa, who is from Seremban, did not object to the application.
Faiz Fadzil, who appeared for Izwan Abdullah, also did not object.
The other panel members were Justice Mah Weng Kwai and High Court judge Badariah Sahamid.
Another similar case involving M Indira Gandhi and K Pathmanathan, from Ipoh, is currently being heard by the court.Both Gani and Khalid (left) have applied to be interveners as the cases raised constitutional questions on the jurisdiction of the syariah and civil courts.
Khalid has refused to act on court orders on the two cases, saying it was not clear whether the civil court has jurisdiction over matters under the purview of the syariah court.
They allowed the application sought by senior federal counsel Suzana Atan, who represented the AG and IGP, for the two to be allowed to intervene in the case and for the proceedings to be amended to include the names of the AG and IGP as respondents in the application.
The court also allowed the applications of the AG and IGP for a stay of the order of the Seremban High Court for the police to help to retrieve Deepa's child from Izwan. The court made no order on costs.
Deepa's son taken away
It was reported that on April 7, the High Court in Seremban awarded custody of Deepa's two children, who had been converted to Islam by Izwan, to the mother.Despite having custody of the children, the High Court did not rule on the conversion of the two children, a son aged six and nine-year-old daughter, to Islam by their father.
Two days after the High Court order, Izwan took away the couple's son from Deepa's house in Jelebu.
On June 30, IGP Khalid obtained a stay from the Syariah High Court in Seremban on the order that the police to find and locate the children.
The Court of Appeal also fixed Dec 4 for the hearing of Viran @ Izwan's appeal against the custody and recovery order.
MIC: Kenapa ‘TIADA’ tindakan terhadap individu yang hina agama Hindu?
KUALA LUMPUR, 10 Sept: Dengan nada yang keras Pemuda MIC hari ini mendesak Ketua Polis Negara, Tan Sri Khalid Abu Bakar dan Peguam Negara, Tan Sri Abdul Gani Patail bertindak dan mengambil tindakan terhadap beberapa individu yang menghina agama Hindu di media sosial.
Ketua pemuda parti, C. Sivarraajh mendakwa pihak Polis dan Jabatan Peguam Negara gagal menjalankan tugas mereka dengan adil.
“Sampai bila kami mahu menunggu, masyarakat bertanya kepada kita. Lebih baik jika mereka berdua ini duduk rumah jika tidak mampu jalankan tugas dengan baik,” katanya dengan nada yang kecewa ketika dihubungi The Malaysian Times (TMT) hari ini.
Pegawai Khas Menteri Besar Perak itu berkata demikian mengulas perkembangan mengenai beberapa individu yang masih belum dihadapkan ke mahkamah atas tindakan menghina agama Hindu.
Semalam seorang penyelia tapak binaan, Chow Mun Fai, dijatuhkan hukuman penjara satu tahun atastuduhanmenggunakan aplikasi Facebook miliknya untuk menghantar komen yang menyentuh unsur sensitiviti perkauman.
Jelas Sivarraajh lagi, kenyataan Mun Fai ini tidak begitu menjejaskan jika dibandingkan dengan kenyataan yang dikeluarkan oleh Man Namblast dan Shahul Hameed sebelum ini.
“Saya setuju dengan keputusan mahkamah untuk menjatuhkan hukuman terhadap Mun Fai tetapi adakah ini bermaksud mereka yang keluarkan kenyataan lebih sensitif sebelum ini boleh terlepas begitu sahaja?” soalnya.
Katanya, Ketua Polis Negara dan Peguam Negara berat sebelah dalam membuat keputusan bagi menentukan isu mana yang perlu diselesaikan terlebih dahulu.
“Sayap Pemuda MIC banyak membuat susulan kes Man Namblast dan Shahul Hameed tetapi sehingga hari ini tiada apa-apa tindakan yang diambil terhadap mereka.
“Pada saya Ketua Polis dan Peguam Negara tidak adil,” tegas beliau lagi.
Tambahnya, beliau tidak akan teragak-agak untuk membuat protes bagi menunjukkan bantahan atas Khalid Abu Bakar dan Abdul Gani yang menjalankan tugas secara berat sebelah.
“Saya nak rakyat nampak kedua-dua pihak (Ketua Polis dan Peguam Negara) ini tidak buat kerja dengan bagus,” katanya lagi.
Beliau menegaskan selama ini MIC sering mempertahankan mereka berdua daripada dikecam oleh pihak yang tidak berpuas hati dengan hasil kerja dua pihak ini.
Walaubagaimanpun, beliau tidak menyalahkan undang-undang yang menjadi punca beberapa pihak bertanggungjawab terlepas daripada kesalahan mereka.
Akta Hasutan bukan punca masalah
Menurut Sivarraajh, tidak adil untuk menyalahkan Akta Hasutan kerana yang patut disalahkan adalah “individu” yang menyalahgunakan akta tersebut.
“Pada saya, Akta Hasutan itu baik tetapi hanya beberapa individu yang salah gunakan kebebasan secara tidak adil,” ujarnya.
Selain itu, beliau turut percaya jika akta itu digunakan secara adil dan saksama maka rakyat Malaysia akan hidup dengan lebih aman dan hormani tanpa wujud isu-isu yang boleh menimbulkan kemarahan sesetengah pihak.
“Jika wujud individu yang boleh menggunakan undang-undang ini dengan lebih cekap ,saya yakin pihak yang suka keluarkan kenyataan sensitif akan lebih berhati-hati sebelum mengeluarkan apa-apa kenyataan,” kata Sivarraajh. -TMT
IGP ordered to get child back or answer to court - Malaysiakini
This
follows the Court of Appeal today dismissing Ridhuan's application for
an extension of time to file his record of appeal to set aside the
contempt of court order served against him for not abiding, until today,
with the order of the High Court in Ipoh to return Prasana within the
stipulated time of May 30, 2014.The appellate court also dismissed the applications of the attorney-general and the IGP to intervene in the case following the court's order to strike out Ridhuan’s appeal.
With this, Khalid and the police have until Friday to arrest Ridhuan and retrieve Prasana, failing which Khalid has to appear before the High Court in Ipoh to explain reasons for the police failure to abide by the court decision.
'Ridhuan found guilty of contempt'
This follows the appellate court ruling that Ridhuan cannot be heard in this court as he was found guilty of contempt for not abiding by the High Court order to return the youngest child to the mother.
Justice Balia Yusof Wahi said the decision not to allow the extension of time, and not allowing the IGP and AG to intervene, was also unanimous following the court today allowing the objection by M Indira Gandhi's lawyers to strike out Ridhuan’s application.
“It is trite that the contemptor (Ridhuan) cannot be heard until he has purged his contempt as there is a committal order against him dated May 30, 2014. Ample time was given to the appellant to purge his contempt (set aside the contempt order, but he had filed it out of time). The law is not with him,” Justice Balia said.
“We agree with the submission of the applicant in this case. Public interest demands respect for the law to be maintained and the appellant (Ridhuan) has not shown that,” he said.
Justice
Balia said because of this, the court could not allow the application
for the AG or IGP to intervene in this matter or allow Ridhuan’s
application for an extension of time for the appeal records.“These two applications must have fallen flat and have become academic,” he ruled.
Sitting with Justice Balia were Court of Appeal judge Mah Weng Kwai and High Court judge Badariah Sahamid.
The High Court in Ipoh has fixed Friday for hearing kindergarten teacher Indira Gandhi's review application to execute the High Court order compelling the IGP to arrest Ridhuan.
Shamala case haunts Ridhuan
Ironically, another unilateral conversion custody case was used to in today's matter, with lawyer Aston Paiva, representing Indira Gandhi, saying that a person who is in contempt cannot be allowed to be heard in court.
Aston cited the majority judgment in the S Shamala vs M Jeyaganesh case for this where the court ruled Shamala had no right to be heard in court because a contempt proceeding was initiated against her for not returning her children.
Shamala, a nurse, had taken her children to Australia after she obtained custody of them, and was not willing to come back to Malaysia for the appeal filed in court by her former husband.
Aston
said the High Court in Ipoh had given mercy to Ridhuan, saying it would
suspend the contempt order if he returned the child.“The court had given order granting custody to the mother in 2009 and there has been a lapse of more than four years.
“This man has not purged his contempt. He is simply not responding and not contactable, undetectable and his whereabouts are unknown,” Aston said.
Also representing Indira with Aston are M Kulasegaran and N Selvam.
However, Ridhuan's lawyer, Anas Fauzi, cited the minority judgment in the Shamala case by Chief Judge of Sabah and Sarawak Richard Malanjum to back his case.
Anas said in the minority judgment, Justice Malanjum allowed a leeway of three months to Shamala to come back to Malaysia and to stand in judgment of the court.
“The court should consider the constitutional right of the father following the dispute in the High Court and the Syariah High Court, as the Syariah High Court had given custody of the child to the father.
“Therefore, we must wait for the appeal to be heard. This is conditional relief and the court should allow constitutional questions to be posed and not close the court's doors,” he said.
'Blatant disobedience by Radhuan'
However, Justice Mah intervened that there has been blatant disobedience by Ridhuan to the court order.
Justice Balia interjected further that Ridhuan had not filed the memorandum of appeal, which includes the record of appeal and now, the court was hearing this extension of time.
“Besides this notice of appeal, nothing else has been filed,” he said.Senior federal counsel Suzana Atan, for AG Abdul Gani Patail and IGP, said this was a public interest matter and her application should be allowed.
Outside the court after the verdict, Kulasegaran said this case differed from Deepa's case as the Ipoh Syariah High Court did not order the police to trace the children, unlike the Seremban case where orders are made.
Hence, Kulasegaran said, there was no conflict.
“With today's decision, the IGP has to find Ridhuan within 48 hours and bring the child back. We will see what happens in Ipoh on Friday,” he said.
“If he fails, the IGP will have to explain why he and his men failed to do so,” he said.
IGP Khalid had cited a “middle path” solution to custodial dispute following a conflict in the orders from the civil High Court and Syariah High Court, and he proposed that the child be placed in a welfare home until the dispute is resolved.
Interfaith custody battles have been a thorn in Malaysian society and the cabinet in 2009 issued an order disallowing unilateral conversion by a single converted parent.
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