Share |

Tuesday, 17 February 2015

Source: Slain suspect in Copenhagen attacks just out of jail

By JAN M. OLSEN and KARL RITTER

COPENHAGEN, Denmark (AP) - The slain gunman behind two deadly shooting attacks in Copenhagen was released from jail just two weeks ago and might have become radicalized there last summer, a source close to the Danish terror investigation told The Associated Press on Monday.

Two Danish sources close to the investigation confirmed to the AP that the slain gunman was named Omar Abdel Hamid El-Hussein. They spoke on condition of anonymity because Copenhagen police have not named the gunman, who they said was a 22-year-old Dane with a history of violence and g
ang connections. Several Danish media have already named him.

One source told the AP that El-Hussein had been in pre-trial detention for a long time but was released two weeks ago. He also said the corrections authority had alerted Danish security service PET last year after they noticed worrisome changes in El-Hussein's behavior last summer.

He wouldn't give specifics but said such alerts are issued when inmates change their attitude or behavior in way that "sets off alarm bells."

PET spokeswoman Lotte Holmstrup declined to comment on the report, saying "we are working on finding out what has happened."

PET director Jens Madsen on Sunday confirmed that the gunman was known to the agency before the weekend attacks in Copenhagen that killed two people and wounded five police officers. He said the gunman may have been inspired by last month's terror attacks by Islamic extremists in Paris that killed 17 people, but did not elaborate on when his agency began tracking him.

The news about the suspected gunman came as Danes mourned the victims of the country's first fatal terror attacks in 30 years - and, in an unusual development, some also put flowers on the street at the spot where police killed El-Hussein. The prime ministers of Denmark and Sweden were expected to join thousands of people at memorials in Copenhagen on Monday evening.

While a Danish court on Monday jailed two suspected accomplices of El-Hussein's for 10 days, Prime Minister Helle Thorning-Schmidt insisted there were no signs the gunman had any links to a wider terror cell.

"But we will, of course, in the coming time evaluate our fight against radicalization. We are already doing a lot," she said.

In November 2013, police distributed photos of El-Hussein because he was wanted for a stabbing on a subway train in Copenhagen. At the time, police said he stabbed a 19-year-old man in his left thigh with a large knife.

It wasn't immediately clear whether he was in pre-trial detention for that crime.

Investigators on Monday released more information about the gunman's movements between the attacks, one Saturday afternoon at a cultural center and another early Sunday outside a synagogue, both in Copenhagen.

Police spokesman Joergen Skov said the gunman visited an Internet cafe late Saturday, about six-and-a-half hours after the first attack. Police raided the facility on Sunday and detained four people, including the two men arraigned on Monday, Skov said. The other two were released.

Investigators released new images of El-Hussein and asked witnesses who had seen him enter or leave the Internet cafe to contact police.

"We are of course interested in whether he was alone and whether he was carrying anything and in which direction he went," Skov said.

Denmark's red-and-white flag flew at half-staff from official buildings across the capital Monday. Mourners placed flowers and candles at the cultural center where documentary filmmaker Finn Noergaard, 55, was killed and at the synagogue where Dan Uzan, a 37-year-old security guard, was gunned down.

There was also a smaller mound of flowers where the gunman was slain, which critics said was an insult to his victims. Ozlem Cekic, lawmaker of the left-wing Socialist People's Party, called it "a huge assault on the Danish population."

Denmark has been targeted by a series of foiled terror plots since the 2005 publication of 12 caricatures of the Prophet Muhammad in the Jyllands-Posten newspaper. The cartoons triggered riots in many Muslim countries and militant Islamists called for vengeance.

"I want to underline that this is not a conflict between Islam and the West," Thorning-Schmidt said. "This is a conflict between the core values of our society and violent extremists."

One of the participants in the free speech event targeted Saturday was Swedish artist Lars Vilks, who caricatured the prophet in 2007. Vilks, who was whisked away unharmed by his bodyguards, told the AP he thought he was the intended target of that attack.

Other participants said they dropped to the floor, looking for places to hide as the shooting started. The gunman never entered the center but sprayed it with bullets from outside in a gun battle with police.

World leaders, including British Prime Minister David Cameron, German Chancellor Angela Merkel and U.N. Secretary-General Ban Ki-moon, condemned the Copenhagen attacks.

"The terrorist attacks have the same causes in Paris and Copenhagen," Paris Mayor Anne Hidalgo said Monday as she visited Copenhagen in a show of solidarity. "Our cities are symbols of democracy, Paris and Copenhagen. We are here and we are not afraid."

Denmark's last deadly terror attack took place in 1985, when a bomb exploded outside the Copenhagen office of airline North West Orient, killing a 27-year-old Algerian tourist.

AP journalist Philipp-Moritz Jenne contributed to this report.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Man charged over 'chemical weapon'

A man from Liverpool has been charged with attempting to obtain a chemical weapon, police have said.

Mohammed Ammer Ali, 31, is due to appear at Westminster Magistrates' Court in central London on Tuesday.

He was arrested on Wednesday, when officers from North West Counter Terrorism Unit and Merseyside Police searched five Merseyside addresses.

Officers have uncovered no plan or threat of an imminent attack either at home or abroad, police said.

The suspect is accused of attempting to have a chemical weapon in his possession between January 10 and February 12, contrary to the Criminal Attempts Act 1981 and the Chemical Weapons Act 1996.

Former students of Najib’s alma mater tell him to stop extremism

Former students of St John's Institution, Prime Minister Datuk Seri Najib Razak's alma mater, have penned an open letter calling for an end to extremism. – February 16, 2015Another group of Malaysians has penned an open letter to Datuk Seri Najib Razak calling for an end to extremism, this time by 58 former students of St John's Institution in Kuala Lumpur, where the prime minister himself had studied.

The alumni of the renowned mission school from the class of 1975 urged the country's leadership to take a strong position against racism, religious bigotry and extremism, and themselves pledged to "always walk on the path of moderation".

"As patriotic citizens we will not allow any form of destructive extremism, divisiveness and racial or religious turmoil to be planted in our country.

"In this context too, we plead with our leadership, rulers and law-abiding citizens to stand up against extremism," the 58 Johanians said in their open letter, which carried all their names.

The group expressed concerns that extremist views were increasingly widespread and said it was "not the way forward for Malaysia".

"We believe that any form of extremist viewpoints as championed by those bent on racism and religious bigotry should be condemned," they said.

The group also said that Malaysia would be disadvantaged politically, economically, financially and socially, if extremism was allowed unabated, and noted that Malaysia enjoyed a degree of harmony, progress and moderation that had given the country a "lead advantage" in the region.

Stressing that the way forward for Malaysia was moderation, they urged leaders from both sides of the political divide and from civil society to keep Malaysia a "nation of moderates".

The letter by the St John's alumni echoes another open letter to Najib written last year by a group of prominent retired Malay civil servants, now known as the G25.

The 25 eminent Malays took a stand for moderation and urged the government to allow rational dialogue on Islam and its position in the country and application in law and public policy. The group is now in the midst of seeking a meeting with Najib.

The 58 Johanians said the Federal Constitution should be upheld as a "sacred covenant" that cemented the bonds of nationhood between all Malaysians.

They also lauded the diversity of Malaysia's multi-religious heritage, cultures and traditions, which they said were "tested, proven and vibrant" in preserving moderation.

"Our rich heritage has also proven (to be) the success factor throughout our history of nationhood, and we Johanians stand by it," they said. – February 16, 2015.

Chief justice warns those who make unfounded attacks against judiciary

Tun Arifin Zakaria (right) is upset over criticisms leveled against the Federal Court over the decision to uphold the conviction of Datuk Seri Anwar Ibrahim last week. – The Malaysian Insider pic, February 16, 2015.Chief Justice Tun Arifin Zakaria has issued a stern warning to the public that appropriate action will be taken against those who tarnish the image and dignity of the judiciary.

His warning came in the wake of criticisms levelled at the judiciary after the Federal Court last week upheld the decision of the Court of Appeal in finding Datuk Seri Anwar Ibrahim guilty of sodomy.

Arifin said the judiciary was open to criticism but will not tolerate unfounded allegation in the social media and at public forums.

"We view with seriousness such conduct and will not hesitate to act?'" he said in his speech during the elevation of four judges to superior courts at the Palace of Justice in Putrajaya today.

Arifin said any baseless criticism against the bench would weaken the administration of justice and erode public confidence in the institution.

He said due to advancement in technology, many displayed their opinions and comments to what was happening around them in social media like Facebook, Twitter, Instagram and Youtube.

Arifin said their remarks had wide following although some were unjustified and could be questioned.

He said it was the responsibility of everyone to protect the image and dignity of the bench so that the administration of justice was unhindered.

"In this regard, I urge, especally the lawyers not to act in a way that they side step the rule of law to channel their dissatisfaction on court judgments," he added.

He said the public must also be careful and responsible in their opinions and comments on social media because of the wide repercussions.

Arifin, who last week led a five-man panel to uphol the conviction of Anwar for sodomy was coy when asked if committal proceeding will be instituted against the opposition leader for attacking the judiciary.

"That one I do not know. It is a different matter," Arifin told reporters after attending the elevation ceremony today of four judges to the superior courts.

Accordng to procedure, it is the judiciary that will have to begin proceedings since the incident happened in the court room.

He said he did not hear what Anwar uttered from the dock as he had suspended the proceeding.

"My approach is when what is uttered is not fair, I just adjourn the proceeding to calm the tense atmosphere. I did not bolt from the bench," he added.

He said he had no personal grudge against anyone and that he wanted to do his duty with utmost sincerety.

Anwar's outburst was witnessed by those in the packed court room before Arifin could decide on the sentence to be imposed.

Arifin, who delivered the 116-page judgment had earlier ruled that Anwar’ was guilty of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.

Anwar attacked the bench for "bowing to their political masters and becoming partners in crime in the murder of the judiciary".

Anwar told the bench there was something amiss when the Prime Minister's Office issued a statement barely minutes after his conviction was upheld.

"In bowing to political masters they have disgraced themselves and have become partners in crime in the murder of the judiciary," Anwar said, before Arifin asked lead defence counsel Datuk Seri Gopal Sri Ram to tell Anwar to stop.

But Sri Ram told Arifin that his client had the right to address the court, to which Arifin retorted, "yes, on the appeal but not to condemn the court".

But the opposition leader continued attacking the judiciary, adding "you had the opportunity to right the wrong but you chose to remain on the dark side".

At this juncture, Arifin and the rest of the bench members walked out.

Anwar continued to speak and shouted into the microphone: "I will again, for the third time, walk into prison but with my head held high.

"I will not be silent and will fight for freedom and justice and will never surrender," Anwar said.

The bench convened later only to affirm the 5-year jail term imposed by the Court of Appeal last year. – February 16, 2015

CJ denies he 'cabut' when Anwar opened fire in court

Chief Justice Arifin Zakaria has denied fleeing the courtroom when opposition leader Anwar Ibrahim launched a scathing attack on him and four other judges when the Federal Court upheld the latter's conviction.

"Whenever I feel it is not fair, I leave or adjourn the hearing to cool off the atmosphere. I 'bukan cabut' (did not flee)," he told reporters in Putrajaya.

The top judicial officer also said that he did not hear what the PKR de facto leader said.

Asked if he felt slighted by the comments, Arifin (left) replied: "I have no personal (feelings) for anyone (in the dock). I do it (execute his duties) based on sincerity," he added.

To questions whether there would be committal proceedings against Anwar following his statement during mitigation, the chief justice claimed that he did not know.

"That is a different matter," he said.

Committal proceedings are normally instituted by the prosecution or lawyers and not the judiciary.

Prior to sentencing, Arifin and the judges vacated the courtroom when Anwar lambasted them from the dock, accusing them of colluding with their "political masters".

Last Tuesday, the apex court dismissed the opposition leader’s appeal against his sodomy conviction.

Anwar has always maintained that the charge was fabricated by his political rivals, which the government has denied.

Palanivel claims deputy blocked rep from PM meet

 
The spat in MIC has reached new heights, with president G Palanivel accusing his deputy S Subramaniam of sidelining the former’s representative in a meeting with Prime Minister Najib Abdul Razak this morning.

Palanivel - who could not attend the meeting himself because he was caught up with an emergency concerning his wife - had sent S Sothinathan as his representative to the meeting with the premier to discuss the issue between MIC and the Registrar of Societies (ROS).

Sothinathan (right), however, was blocked from entering the meeting and only notified of the proceedings after it ended.

“Sothinathan was not allowed to be in the meeting, and only the deputy president was met by the prime minister and others present.

“He was only informed of the proposals - but more like decisions - as announced by (Federal Territories Minister) Tengku Adnan Tengku Mansor after their meeting with the deputy president,” Palanivel said in a statement today.

He also flayed Subramaniam for allegedly "selling out" to third parties who seek to intervene in MIC matters.

“The deputy president of MIC may be willing to allow third parties (BN) to run MIC and lose our self-dignity and respect, but I will not.

“BN has no jurisdiction whatsoever to take over the administration of the party elections in direct contradiction to the provisions of the MIC constitution, as well as the Societies Act 1966.

“I am still shocked that the deputy president can agree, in my absence, to let others run MIC. It is totally disgusting the extent that one can go to further one’s political agenda,” Palanivel - who is also the natural resources and environment minister - added.

'Palani prolonging crisis'

Meanwhile, Subramaniam in a separate statement, shot back at Palanivel, blaming him for the current crisis that MIC is in.

“Palani's statement questioning my committment to uphold the party’s image and dignity is unwarranted. I would like to remind Palanivel that he is responsible for all the party’s current problems.

“Many of the irregularities of the party election can be directly or indirectly related to him. His inability and refusal to address the issue has led to the current crisis,” the health minister said.

Palanivel’s accusation of Subramaniam (left) allowing third parties to intervene in MIC politics also warranted a further tongue-lashing from the deputy president.

“His decision to take this matter to court is an attempt to prolong the crisis and further destabilise the party.

“It is absolutely disgusting how the president has procrastinated on this issue and has allowed something which could have been solved easily in the early days to become such a major problem affecting all members of the party and necessitating third party interventions,” said Subramaniam.

He added that in the meeting that took place this morning, BN was "acting as facilitators in mediating in areas of dispute".

Court finds police and gov’t liable for killing

 
The Ipoh Sessions Court today found the police and government liable for the killing of a gold trader.

Chen Fun Kee was shot to death by police officer Mohd Taufik Peter Abdullah on Sept 16, 2009 outside his workplace in Ipoh.

M Kulasegaran, who represented Chen’s family, had named Mohd Taufik, the Perak police chief and the government as defendants.

During the trial, the police distanced themselves from Mohd Taufik, arguing that the killing was a “frolic of his own doing”.

However, Ipoh Sessions Judge Sunita Kaur Jessy today ruled that Mohd Taufik was on duty during the time of the incident and the police and government are therefore liable.

Kualasegaran, who is also DAP’s Ipoh Barat MP, hailed the decision as a “further victory” for an innocent man killed by police.

Mohd Taufik has been charged with murder under Section 302 of the Penal Code.

A young man of only 42 years was robbed of his life and thus the continuous care and support to this family has been permanently cut off.

“The killing of this innocent man has deprived him of his life. The police must accept responsibility,” said Kulasegaran in a statement today.

He added that the court has fixed March 13 to assess damages to be awarded to Chen’s family.

How can Ambiga be cited for contempt, Shafee?

 
COMMENT Charge Ambiga Sreenevasan with contempt of court?

Seriously? Is this coming from a man who managed to put opposition leader Anwar Ibrahim through his own legal brilliance? I cringed when I read the article about Umno-linked lawyer Shafee Abdullah planning to cite Ambiga with contempt of court.

In the first place, it is obvious that Ambiga Sreeneevasan, a former Bar Council president, was merely asking the question, “Are the courts BN?”

In basic English, this is a question. It  is not a statement. Ambiga was merely asking a question, while most of us reading the question believe we already have the answer. How then could Ambiga be cited for contempt of court, my dear Shafee (left)?

When we were discussing over this article in Malaysiakini, a friend quipped: “Really? Is this contempt, contempt charge coming from a qualified lawyer? Where did he finish his law studies? Is he a junior legal assistant with some firm or what?”

I had to correct his impression. This is a veteran lawyer. He appears to be linked with a number of Umno cases. I told him, too, that I am amused by such caricatures when I see them in our courts and there is no wonder why cartoonist Zunar has a lot to capture on paper.

Since when are questions banned?

I am wondering since when, in a democratic country like ours, have we not been allowed to question the decision of even the highest courts, what more to raise a question as relevant as Ambiga’s: “Are the courts BN?”

Based on the way how Anwar’s Sodomy II case was conducted from Day One to the day when he was sent to prison, everyone has been asking the same question raised by Ambiga.

A former US ambassador to Malaysia, John Malott (right), had even gone all the way to create an open petition to the president of the United States of America, and I quote Malott’s petition statement:

“Anwar is a political prisoner. The future of democracy in Malaysia is at stake. Securing Anwar's release from prison must be a top priority in US policy towards Malaysia, to be advanced in every way possible.”

To date, some 51,000 people around the world have attested to that. It is still short of 49,000 signatures in order to reach the 100,000 mark in oder to capture President Barack Obama’s attention.

Therefore, what Ambiga had said in her speech pales by comparison. Anwar’s jail sentence for the next five years was something most people had expected, but for someone to further carry out a character assassination of Anwar or to put a suggestion into the mouth of another person, and citing her for contempt of court, can only happen in one’s wildest imagination.

According to Professor Gurdial Singh Nijhar, Shafee has not conducted himself properly as a legal practitioner. This is something which I believe the Bar Council’s president, Christopher Leong has to pick up to carry out an investigation against Shafee in order to protect the good name of the profession.

Leong should also include this accusation that Shafee had made against Ambiga, which I view as being very serious; if not addressed to quickly, will only damage the reputation of the legal profession in this country. Don’t you think so?




STEPHEN NG is an ordinary citizen with an avid interest in following political developments in the country since 2008.

Case against Najib, Rosmah may never take off

Americk says objections deliberately raised to “wear out my client financially".

FMT

KUALA LUMPUR: The family of the late P Balasubramanian may never get the chance to prove their case that they were the victims of a tortious conspiracy involving Prime Minister Najib Razak, his wife Rosmah Mansor and seven others, which forced them to leave Malaysia for almost five years between 2008 and 2013.

According to a report in the Malaysian Insider today, Americk Sidhu, the lawyer of Balasubramanian’s wife Santamil, is alleging that the respondents have raised certain objections to the effect that the appeal was defective and ought not to be heard on its merits.

One of the objections was that the family ought to have filed seven separate notices of appeal since the defendants had separate law firms acting for them and each law firm had filed a separate striking out application.

According to Americk, only one notice was filed because the High Court had delivered one decision on December 11 last year which had disposed of all the applications.

Refuting the suggestion that multiple notices ought to have been filed, Americk said, “This is absurd and is an attempt to wear out my client financially because every notice of appeal must be accompanied by RM1,000.00 in deposit.”

“I will raise this issue before the Court of Appeal Registrar to ensure her appeal is heard without any hindrance,” he added.

Balasubramanian was the private investigator caught up in events leading to the October 2006 murder of Mongolian socialite Altantuya Shaariibuu and had famously affirmed two statutory declarations one day apart from each other under circumstances which have yet to be satisfactorily explained.

In a lengthy first Statutory Declaration which he affirmed on July 1, 2008, Bala had suggested that Najib and Abdul Razak Baginda had known Altantuya and may have been involved in events immediately preceding her murder.

He, however, retracted the entire contents of that statutory declaration in a statutory declaration which he affirmed the very next day claiming that it had been made under “inducement and threat”.

Bala passed away on May 15, 2013, only two months after he and his family returned from exile.

The lawsuit was commenced by his family in the High Court June 2014, despite the fact that no letters of administration had been issued in respect of his estate at the time.

In striking the suit without trial, High Court Judge Hasnah Mohamed Hashim held that the family had no locus standi in the absence of letters of administration. She also held that the particulars of conspiracy pleaded were insufficient to give rise to a reasonable cause of action.

The family’s appeal is presently before the Court of Appeal.

The other defendants named in the suit were Najib’s brothers Ahmad Johari Abdul Razak and Mohd Nazim Abdul Razak, three lawyers – Cecil Abraham, Sunil Abraham and M Arunapalam, as well as Zainal Abidin Muhayat, a commissioner for oaths.

BN secretariat to handle MIC polls

It will consist of BN executive secretary and the members from non-Indian BN component parties such as MCA and Gerakan.

FMT


PUTRAJAYA: A high-level meeting today proposed the setting up of a special secretariat by the Barisan Nasional (BN) to help the crisis-plagued MIC to clean up its divisions and branches and hold fresh party elections, said BN secretary-general Tengku Adnan Tengku Mansor.

It was proposed that the secretariat be chaired by BN executive secretary Abu Khamis and its members be drawn from non-Indian BN component parties such as MCA and Gerakan, he said.

Tengku Adnan said the proposal was made at a meeting attended by BN chairman Najib Abdul Razak; BN deputy chairman Muhyiddin Yassin; MIC deputy president Dr S. Subramaniam and himself.

He said MIC president G. Palanivel did not attend the meeting, held at the Prime Minister’s Office, but sent a text message to Najib saying that his wife had chest pains.

Palanivel sent MIC vice-president S. Sothinathan to represent him, but the latter was not allowed into the meeting.

“The proposal was accepted by Dr Subramaniam. Palanivel has yet to state his agreement. We hope that the matter can be agreed to by today,” Tengku Adnan told a special news conference here.

He said the BN top leadership wanted to meet with only Palanivel and Dr Subramaniam, and not Sothinathan, to help resolve the MIC crisis.

“After the meeting, I informed Sothinathan, who was waiting outside the meeting room, of the proposal to set up the secretariat. He said the proposal would make the president powerless.”

Tengku Adnan said it was also proposed that the MIC 2009 central working committee (CWC) be taken into account until the fresh elections, and that all the nine president-appointed posts in the 2009 CWC not be considered.

“It was also proposed that during the period of the fresh elections, the president cannot appoint anyone to the nine posts,” he said.

– BERNAMA

Malaysia’s worst week ever for credibility and integrity of the administration of justice in the country

By Lim Kit Siang Blog,

The past week starting with the Federal Court’s dismissal of Anwar Ibrahim’s Sodomy II appeal on Tuesday 10th February is likely to be the country’s worst week ever for credibility and integrity of the administration of justice in Malaysia.

The Federal Court’s 5-0 unanimous decision to dismiss Anwar’s appeal has come as a great surprise, even to those who had never entertained high hopes that Anwar could get off unscathed in his latest encounter with selective and even malicious prosecution.

But even the most pessimistic had expected either a 3-2 verdict or at worst a 4-1 decision, but everybody was floored by a unanimous 5-0 judgment.

What further stumped the legal and judicial fraternity, as well as the general public, was that there was only judgment by the Chief Justice, Tun Arifin Zakaria, when the public expectation was more than one judgment, even five judgments!

It will not be easy to find another Federal Court judgment in the past two decades which had met with such instant universal condemnation, not only inside the country but outside – by foreign governments like United States, the United Kingdom, Australia, Canada, New Zealand, Germany, Switzerland (which declared that it would raise Anwar’s jailing at the next meeting of the United Nations Human Rights Council in Geneva), the European Union; international legal, parliamentary human rights organisations like the International Commission of Jurists (ICJ), the Inter-Parliamentary Union (IPU), Amnesty International, Human Rights Watch, International Federation for Human Rights, LAWASIA and the Law Council of Australia and international press like Washington Post, the Wall Street Journal and the Economist.

But the greatest disservice to the credibility and integrity of the administration of justice, and in particular whether there is true independence of judiciary and just rule of law, came from the Prime Minister’s in 109 words in three-paragraph statement on Feb. 10, which said:

“The judges will have reached their verdict only after considering all the evidence in a balanced and objective manner. Malaysia has an independent judiciary, and there have been many rulings against senior government servants.

“The police report against Anwar Ibrahim was brought by a private individual – Anwar’s employee and personal assistant – not by the government. As the victim of a sexual assault, he had every right to have his case heard in court.

“In this case, exhaustive and comprehensive due process has been followed over many years. That process is now complete, and we call on all the parties involved to respect the legal process and the judgment.”

Even the worst enemies of the country could not have conceived of an ultra weapon like the 109-word three-paragraph Prime Minister’s Office statement to discredit the administration of justice, the independence of the judiciary and the rule of law in Malaysia.

The 109-word three-paragraph Prime Minister’s Office Statement not only peddled false notions and baseless assumptions about the rule of law and the independence of the judiciary, but worst of all, it punctured the myth about the presence a truly independent judiciary and the just rule of law in Malaysia.

The PMO office statement issued before the completion of the “exhaustive and comprehensive due process” in Anwar’s Sodomy II trial is in fact the “smoking gun” of Executive violation of the doctrine of separation of powers and interference with the judicial independence and the rule of law.

A judgment from the highest court of the land must be able to stand or fall on its inherent logic and cogency and superiority in its reasoning and arguments, but when the Executive had to be called in to shore up support as calling on Malaysians to “respect the legal process and the judgment”, there is indeed something very rotten with administration of justice in the country!

It is not only the decision of the Federal Court and the integrity of the judiciary which came under intense scrutiny and criticism, the senior lawyer who became Prosecutor under fiat, Tan Sri Muhamad Shafee Abdullah and the Attorney-General Tan Sri Abdul Gani Patail were also subjected to severe criticisms.

Former attorney-general Tan Sri Abu Talib Othman called for Shafee’s fiat as public prosecutor to be be revoked, especially after Shafee’s continued attacks on Anwar Ibrahim after the Opposition’s conviction and sentencing.
Abu Talib said Shafee’s disparaging remarks about Anwar after the case was settled was most inappropriate and merely lend credence to the perception that Anwar’s case was politically motivated.

Shafee is only bringing the office of Public Prosecutor into disrepute when he reacted to criticisms of former Bar Council chairman Datuk Ambiga Sreenevasan by suggesting that she be charged with contempt of court for criticising the judiciary’s decision on Anwar’s case.

Will Shafee next suggest that Malaysia break diplomatic relations with countries which are highly critical about the Federal Court decision on Anwar’s case and declare principal officials of international organisations like ICJ, IPU, Amnesty International which continue to be highly critical of the Federal Court’s decision on Anwar as persona non grata?

Today, there is a call for the Attorney-General Gani Patail to be sacked for abusing his powers by “hiding” an Order to Investigate (OTI) on Shafee and continuing to appoint the latter as a prosecutor in Anwar’s Sodomy II trial.

Former Kuala Lumpur CID chief Mat Zain Ibrahim had filed a police report on Feb 7, three days before Anwar’s conviction, urging Prime Minister Datuk Seri Najib Abdul Razak to exercise his authority over Gani.

Mat Zain said Najib should set up a tribunal to impeach Gani from the AG’s post
as Gani continued to appoint Shafee to head the prosecuting team for Anwar’s Sodomy II appeal, despite the Attorney-General’s Chambers (AGC) itself having signed the OTI dated Jan 3, 2014.

Mat Zain said that he only found out about the OTI on May 19, 2014, when the police called him to Putrajaya to have his statement recorded in relation to three police reports he made on Dec 15, 18 and 26, 2013.

Mat Zain’s allegations are serious and cannot be ignored by the Prime Minister.

The idiom “It never rains, but it pours” is appropriate to describe the plight of the administration of justice, particularly with regard to whether there is true independence of judiciary and just rule of law in Malaysia.

Will there continue to be inelegant silence from the Prime Minister on the national and international crisis of confidence of the Malaysian judiciary and rule of law?

Tunku would not have tolerated racism, says granddaughter

Sharifah Menjelara Hussein speaking at a forum organised by the Institute for Democracy and Economic Affairs (Ideas) recently on her grandfather, and the nation's founding father, Tunku Abdul Rahman Putra Al-Haj. – The Malaysian Insider pic by Najjua Zulkefli, February 15, 2015.Valentine's Day and Chinese New Year may be the focal points of February, but few may remember that this month also marks the birth of the man who led Malaya to independence and who later became the founding prime minister of Malaysia.

Born on February 9, 1903, Tunku played a pivotal role in freeing the country from colonial masters, his years-long struggle for Merdeka immortalised in Malaysia's history books and documents.

In conjunction with Tunku's 112th birthday this year, The Malaysian Insider recently interviewed his granddaughter, YM Sharifah Menjelara Hussien, or Lara, as she prefers to be called.

Tunku, whom Lara fondly referred to as "Tok", would never have compromised with racism and would have put a stop to the racial politics in this country, if he were still alive, she said.

"Tok would not have compromised with racism. He was a leader for everyone, and had in the past said every race in this country had contributed to Malaya," she told The Malaysian Insider.

"He also said the independence we achieved was not through his efforts alone, but that of other leaders from among the Chinese, Malay and Indian communities.

"Everyone united to achieve the dream that became a reality in 1957," she said, referring to Malaya's independence that year. Malaysia was only formed in 1963 with Sabah, Sarawak, and Singapore which left after two years.

Lara, who now works at a major local advertising firm, said although Tunku's dream had taken years for him to realise, he would never forget the other leaders who fought by his side.

"So how could he support racial politics when independence was achieved through everyone's efforts?" she said.

Tunku would constantly remind the public that Malaysia's strength lay in the people's unity, and that Malaysians should not allow their differences to tear them apart.

"If that happens, we will fall," said Lara as she recalled her grandfather's words to her.

She added that Tunku had wanted Malaysia to become a model country in the eyes of the world, and to prove Malaysians could live harmoniously with one another in spite of their diversity.

She said her grandfather would be proud of what Malaysia had achieved so far.

"He may be taken aback at how many of the roads in the country are named after the figures who fought for independence.

"But I believe Tok would always care about his rakyat's happiness and unity which he fought for."

Lara said that when the Union Jack was taken down and the national flag of Malaya was raised for the first time to signify the country's independence, Tunku considered all six million citizens as his family.

Lara noted that Toh Puan Umarsundari Sambanthan had once said: "Beside my own father, Tunku is also my father. Regardless of race and religion, he still had time for us".

Umarsundari was the wife of Tun V.T.Sambanthan, one of the nation's founding fathers along with Tunku, and also the fifth president of the Indian-based party, MIC.

"I always believe that each society and culture is a reflection of its leader. If the leader is humble and trustworthy, this is reflected in society," said Lara.

"Justice was the backbone of Tok's leadership. I heard a story on how he had given his jacket to a beggar because the man had no clothes."

Among Tunku's advice to her was that nothing was more valuable in this country than its diversity.

"Politicians come and go, but the country will live on. So let us remember his words: 'without this country and the rakyat of Malaysia, I am nothing'." – February 15, 2015.

EC To Meet Wednesday On Chempaka State By-Election

PUTRAJAYA, Feb 16 (Bernama) -- The Election Commission (EC) is to meet on Wednesday to set the dates for nomination and polling for the Chempaka state by-election in Kelantan, EC secretary Datuk Abdul Ghani Salleh said on Monday.

The seat fell vacant following the death of PAS spiritual leader and former Kelantan menteri besar Datuk Nik Abdul Aziz Nik Mat last Thursday. He was 84.

Abdul Ghani said the meeting would be chaired by EC chairman Tan Sri Abdul Aziz Mohd Yusof.

"The meeting would also discuss the electoral rolls that will be used and the preparations for the by-election," he said in a statement.

A press conference would be held after the meeting, he said.

Yesterday, Kelantan State Assembly speaker Datuk Abdullah Ya'kub announced the vacant seat at a news conference in Kota Baharu.

In the 13th general election, in 2013, Nik Aziz defeated Barisan Nasional candidate Wan Razman Wan Abd Razak with a majority of 6,500 votes to win the seat.

Nik Aziz polled 12,310 votes while Wan Razman received 5,810.

-- BERNAMA