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Thursday, 18 August 2016

Police report lodged against Umno MP over 'MO1 is Agong' remarks

Former Langkawi Wanita Umno member Anina Saadudin has filed a police report against Umno lawmaker Nawawi Ahmad, who had surmised that Malaysian Official 1 (MO1) is none other than the Yang di-Pertuan Agong.

Lodging the report at the Langkawi district police headquarters, Anina expressed hope that the police would investigate the matter.

“This is to ensure that the royal institution, which is a constitutional institution, continues to be respected by the people,” she said in a Facebook post today.

In a Facebook comment, which was edited four hours later, Nawawi said based on the Federal Constitution, it is the Agong who is responsible for the government.

“According to the Federal Constitution, Malaysia's government was formed with three separate and independent entities, the judiciary headed by the chief justice, the legislative led by the parliament speaker, and the executive directed by the prime minister.

“All three entities are responsible to the Agong. Hence, according to the constitution, MO1 is the Agong,” said the Langkawi MP.

In the edited version, the last line in the comment was replaced with the sentence, “Hence, according to the constitution (Prime Minister) Najib (Abdul Razak) is not MO1, as he is either M02, M03, or MO4."

In his comments later, Nawawi said that he was not talking about MO1 in the context of the United States Department of Justice (DOJ) lawsuit, but rather in terms of the constitution.

MO1, according to the DOJ, is a high-ranking public officer who it claimed received US$731 million of siphoned 1MDB funds. The DOJ also said that MO1 is a relative of Najib's stepson Riza Aziz.

Malaysiakini has contacted Nawawi to get an explanation as to why he edited the comment.

Zaid files suit for return of 1MDB monies

KUALA LUMPUR: Former Cabinet member Datuk Zaid Ibrahim (pic) is suing the Prime Minister, 1Malaysia Development Bhd (1MDB) and two others in a representative action for return of monies.

Zaid said he is bringing the civil action on behalf of Malaysian citizens and taxpayers.

In the statement of claim made available to the media Wednesday, Zaid named Datuk Seri Najib Tun Razak, 1MDB, the Government and Najib's stepson Riza Shariz Abdul Aziz as defendants.

He is seeking an order for Najib to pay back RM42mil to the Government over alleged breach of his duty as trustee when the sum was paid into his personal bank account.

Among others, Zaid is seeking an order that Najib pay US$731mil (RM2.9bil) to 1MDB by way of restitution, claiming that the Prime Minister received the amount belonging to 1MDB in his personal bank account.

He said the Government, as sole shareholder of 1MDB, is entitled to disbursement of the sum in its favour.

Zaid is also applying for an order that Riza pay 1MDB all alleged sums received by him, whether directly or indirectly, from 1MDB monies.

He also wants an order that Riza transfer to 1MDB all property, wheresoever situated, acquired by him or his nominees or agents.

Zaid's lawyer Americk Sidhu confirmed that the suit was filed at the High Court registry Tuesday.

Case management before a deputy registrar has been set for Sept 21.

Body of bound man found in shallow water

SUBANG JAYA: A passer-by made a gruesome discovery when he discovered the body of a man, whose hands, legs and neck were bound, in shallow water in Putra Heights here.

Subang Jaya OCPD Asst Comm Mohammad Azlin Sadari said the body of the victim, whose identity has yet to be ascertained, was discovered face-up at about 2.30pm Wednesday.

"We were told that there was a body in shallow water in Kampung Sungai Baru, Putra Heights, here.

"A forensics team was sent to investigate," he said.

"We are waiting for the forensics team to give us more information," ACP Mohammad Azlin added.

Bronze medallist posts sarcastic ‘thank you’ to Terengganu MB

PETALING JAYA: Track cyclist Azizulhasni Awang took a jab at Terengganu Mentri Besar Ahmad Razif Abdul Rahman on social media.

In his Facebook comment thanking the Mentri Besar "for not helping", Azizul said the state government did not give him a helping hand during his training and ignored his request for a bicycle.

Azizul posted on Facebook his feelings of gratitude to a number of people for supporting his cycling career, including his parents, his wife, his two daughters and his Australian coach.

However, the portion of his thank-you note aimed at the Mentri Besar was dripping with sarcasm as Azizul thanked him for doing little to help him and his fellow Olympic cyclist Fatehah Mustapa in their preparations for the Olympic Games.

“To Terengganu Mentri Besar Datuk Ahmad Razif, Fatehah and I still wish to express our thanks even though you did not help Fatehah and I, two Terengganu natives, who are competing at the world and Olympic levels.

“Thank you for not purchasing a ‘RoadBike’ for us to use in our preparations for the Olympic Games even though we had sent a proposal about a year before the Rio Olympics.

“Thank you for not providing feedback and for keeping silent while my manager contacted you.

“For your information, Fatehah and I are world-class and Olympic level athletes who you have always overlooked,” said Azizul.

The 28-year-old, commonly referred to as the ‘Pocket Rocket Man’ by his peers, took the bronze medal at the keirin event at the Rio Olympics.

He added that perhaps they were overlooked because they trained overseas.

Azizul said he hoped his remarks would be taken in a positive light and would be an ‘eye opener’ for all those who should have played a part in supporting the Olympic athletes.

“Regardless of what happens, we are still proud to be to born and bred in Terengganu,” he said.

Ahmad Razif on Wednesday announced that Azizul would receive a hero’s welcome when he arrives home and that his name will be carved as Terengganu’s most successful sportsman at the state museum.

The Mentri Besar added that the cyclist would be receiving other incentives though he did not reveal what exactly they were.

Court rejects appeal by trio who want to leave Islam

The Court of Appeal in Kuching, Sarawak, today dismissed an appeal by three people from the state who want to leave Islam.

The three are Jenny Peter @ Nur Muzdhalifah Abdullah, Tiong Choo Ting @ Mohd Syafiq Abdullah and Salina Jau Abdullah. All of them were represented by state PKR chief Baru Bian.

They named the director of the Sarawak Islamic Department, Sarawak Islamic Council and the National Registration Department (NRD) as the respondents.

All three of them want to compel the Sarawak Islamic Department, and the council to issue letters of release (surat murtad) to the applicants to be released from the religion of Islam.

They also sought to compel the director-general of the NRD to change the Muslim names of the applicants to their original names.

The three-member bench led by Justice Tengku Maimun Tuan Mat ruled that the question on whether they could leave Islam, should be brought to the Syariah Court.

The other judges were Justice Badariah Sahamid and Justice Kamardin Hashim.

Their fate is different from that of Rooney Rebit – the High Court in Kuching on March 24 granted his judicial review and ruled that he had a constitutional right to choose his faith. The decision was made just before the Sarawak state elections.

The High Court had then disagreed with the NRD's insistence that Rooney @ Azmi Mohamad Azam required a release letter from the Syariah Court to change his religion.

In Rooney's case, even Prime Minister Najib Abdul Razak had stepped in and assured Sarawak chief minister Adenan Satem that the NRD would drop its appeal against the Bidayuh man.

Setback to freedom of religion

Lawyer Baru described the decisions in the trio's case as a setback for freedom of religion in Sarawak.

He said the applicants were originally non-Muslims who had left Islam after a divorce or death of a spouse.

“All three had sworn in their statutory declarations that they are no longer practising the Islamic faith,” said Baru in a statement today.

“The main issue before the High Court and the Court of Appeal was whether the Syariah Court or the Civil Court has jurisdiction in such cases.

“Our argument is that since the applicants are no longer Muslims, as sworn in their statutory declarations, the Syariah Court has no jurisdiction over them.”

But the High Court and the Court of Appeal have ruled that the question of whether the applicants are now ‘murtad’ (apostates) should be decided by the Syariah Court, according to Baru.

They had cited the Federal Court's decision in the Lina Joy case and the interpretation of Article 121A of the Federal Constitution.

Lina Joy had mounted a legal challenge against the NRD to change her religious status from 'Muslim' to 'Christian', but after much controversy, the Federal Court ruled against her in 2007.

Baru said that they relied on the dissenting judgment by the chief judge of Sabah and Sarawak, Richard Malanjum, in the Lina Joy case.

He had argued that the three are no longer practising Islam and the statutory declaration and documentary evidence of their baptisms are sufficient.

“We also argued that the Syariah Court Ordinance 2001 of Sarawak is silent on the issue of jurisdiction over apostasy or ‘murtad’ matters," he said.

“The Syariah Court itself submitted that since the Syariah Court ordinance 2001 is silent on jurisdiction, then the civil High Court should exercise its inherent jurisdiction and its powers under the Courts of Judicature Act to allow the applications."

The Ba'kelalan assemblyperson said that they had initially asked for an adjournment in today's appeal as there is a similar case at the Federal Court, namely Syarifah Nooraffyzza Wan Hossen vs the director of Sarawak Islamic Department and three others.

However, Baru said the appellate court decided to hear the cases as no dates had been fixed for Sharifah's case.

“As a result of today's proceeding, the three must now appeal to the Federal Court for the Lina Joy case to be revisited. We hope leave (permission) will be granted to have this case fully ventilated at the apex court,” he said.

To questions whether the cases are different from Rooney's, Baru said the Rooney case was politically resolved but the facts are also distinguishable from the three cases.