Death in custody No. 1805 : Report on Day 4 of Gunasegaran’s inquest

I had last reported on these proceedings on 13th January, 2010. That report can be found HERE.

The hearing of the inquest continued on 13, 14th, 19th and 25th January, 2010.

It is due to resume on the 8th, 9th, 12th, 15th, 16th and 17th of this month at the Kuala Lumpur Magistrates Court at the Court Complex off Jalan Duta.

The report that follows is of the proceedings on 13th January, 2010.

I will try to post up the reports of the proceedings on the 14th, 19th and 25th January over the weekend.

THE REPORT

Cross-examination of Detective Sergeant Major Rajinder Singh, who led the raiding party that arrested Guna, took up the entire proceeding for the day.

The witness affirmed that he could speak Tamil.

To a question by Visva, the witness said that he was not sure what time he left the police station for the operation at the toddy shop at Sentul. He confirmed that he left the station in a greenish grey, unmarked van with 4 other officers of the narcotics division after receiving a tipoff, but could not provide details of the same.

The witness confirmed that raiding team arrived in Sentul around 5.20pm and took 5-6 minutes to reach the “kawasan operasi”, that is, the toddy shop.

The witness confirmed that after the arrests, 5 suspects were taken by the van driven by Norazman. The witness and and another member of the raiding team, Sapari, were seated in front.

The witness said that he was not sure where Guna was in the van. He confirmed that all the suspects were handcuffed, but could not say if they were individually handcuffed or one to the another.

The witness confirmed that the rading team and the arrestees arrived at the Sentul police station about 5.50pm

He said that Guna appeared tired when put in the van, but Guna was alive.

The witness confirmed that he did not speak to Guna or remove Guna’s shirt to check his body for any injuries.

Visva: How did you determine there was no injury on Guna when you did not examine him?

Rajinder: No injury was visible.

Rajinder then confirmed that he looked at Guna for 2-3 minutes and agreed that he could not determine if there were any injuries. He confirmed that he did not speak to Guna and was not sure to whom Guna was handcuffed or if he was in fact handcuffed to anyone.

The witness said that on arrival at the police station, he went straight to his office whilst the other colleagues brought the suspects in. He said he did not check Guna’s condition, but he was able to walk.

Rajinder said the suspects were kept in the temporary lock-up on the first floor of the narcotics dept.

The witness confirmed that Sarjens Subari & Rohaizan were assigned to do documentation, Norazman to do the arresting report, and Faizal and Zahir were detailed to take finger prints and urine samples.

.The witness was then shown photographs of office/lock-up area.

Rajinder said the suspects were not brought anywhere else but the lock up and out for urine tests.

The witness agreed with Visva’s suggestion that the area in question in the police station was very small and one was very likely to see and hear anything that happened there.

The witness explained that documentation and urine tests could be done together. He also explained that he did not who from amongst the suspects was processed first, but he was sure that Guna went last.

The witness explained that those who were doing the documentation were in the office near the computer. The documentation work entailed the use of two 2 computers handled by 4 personnel.

Rajinder confirmed that whilst 5 persons were arrested, only 4 names were in the arrest report.

The witness explained that a separate report was to be filed for possession of drugs.

Rajinder confirmed that a report was made on 16/7/09 at 6.23pm.

The witness agreed that the report was completed in less than 23 minutes, including documentation and urine screening of the 4 suspects and that there was ample time to make the separate report on Guna.

Visva then referred the witness to the report filed by him at 19.32 which the witness claimed was typed earlier but sent late.

Rajinder said that he was in a room with other colleagues when Subari told him someone had fainted at the back at about 6.45pm.

Visva: Subari was with you in the room. He can’t be in 2 places at the same time. I am putting it to you that you are not telling the truth.

Visva then referred the witness to the Markings on a photograph indicating the position of Guna on the floor.

Viava: My witnesses have instructed that Guna screamed in pain.

Rajinder : I didn’t hear.

Visva: You said Subari heard something. What did he hear?

Rajinder : I don’t know.

The witness said he did not go near the deceased but only saw Guna from the doorway, and did not touch Guna.

He said he saw Zahir sprinkle water on Guna.

Visva: Did you or your men give any first aid.

Rajinder : No

Visva: Why?

Rajinder : (Hesitates) Because Zahir sprinkled water. Besides him, Tuan Azrul sprinkled water and shook his hands.

The witness said nobody gave first aid or called for assistance or ambulance, because suspects usually pretend to be unconscious.

Visva: That is the truth, and so he was assaulted?

Rajinder : Not true

Visva: How long did you witness this sprinkling of water?

Rajinder : About 10 minutes.

Visva: Do you agree that in this context, 10 minutes is a long time?

Rajinder : I don’t know.

Visva : Luckily he did not drown!

The witness said he then asked his men to take Guna to hospital, and at the same time, he went to write a report about Guna collapsing. He was not sure what time he finished the report , but he did not send it in.

Rajinder agreed that it would only take a few seconds to send the report in, but as the stretcher had come to take Guna out, he gave priority to attending to Guna.

Rajinder confirmed that n the report, it did not say that Guna was in possession of drugs.

Visva: You were aware of the assault on Guna?

Rajinder : No

Visva: You even warned the witnesses not to talk about it.

Rajinder : No

Visva: An eye-witness said a Punjabi officer who spoke Tamil warned them.

Rajinder : No.

The witness was shown a sketch plan of the place of arrest.

The witness said that he first saw Guna at the location where the others were gathered (marked G), but did not see any assault.

Visva: Witnesses saw Guna being assaulted at location G and Guna pleading.

Rajinder : No.

Visva: Witnesses also saw the assault at the lock-up & Guna pleading.

Rajinder : No.

The witness was asked to read the eye-witness accounts of 3 suspects who were arrested along with Guna. The witness disagreed with all 3 accounts.

Visva then read a paragraph from the statement of one of the 3 suspects, Ravi, which the witness denied.

Visva: The statement is a very serious allegation, why would the witness make such allegations.

Rajinder : I don’t know.

Visva : Its because it is the truth.

Visva then referred the witness to the statement of the 4^th suspect who was released because he tested negative for drugs.

Visva: Do you agree his statement is opposite to the testimony in court today

Rajinder : Agree

Visva: Why does he make such a serious allegation?

Rajinder : I don’t know.

Visva: Its because it is the truth.

The witness continued that when Guna was brought to the Emergency room of the Kuala Lumpur Hospital, he was examined by a Malay doctor whose name he did not remember.

The witness said he left the hospital at about 8pm, arrived at the station at about 8.15pm, and continued with his report.

Visva: Then you could not be at the hospital at 8pm.

The witness said he made the report although he was not the arresting officer. He said this is allowed, but could not cite any authority that allows him to do so

Asked by Visva as to what happened to the drugs that the Guna allegedly possessed, the witness said he did not know, and that it probably was with the investigating officer .

Visva pointed out that the original report had been amended twice, at 7.32pm to say the deceased had collapsed, and the drugs were only reported at 8.27pm, that is, well after the deceased had died, “because you know he is not going to come back and deny it”

Visva: You could prepare a report on 4 arrests, after completing documentation, finger-prints & urine tests in under 23 minutes, but cannot make a single report on possession before 7.40pm when the deceased was pronounced dead? You are a compulsive liar.

The witness, who had earlier testified that no first aid was administered, was then referred to a Bernama report which said first aid was administered by one of the officers.

The witness was not sure if there was such an officer.

Visva: the first post-mortem report says “… informed by police victim died at 19.30hrs …”

Rajinder : I did not tell him that.

Visva: Why did you not lodge a report of death in your custody?

Rajinder : Because I had already taken him to hospital and had informed the OCPD, and that was enough.

Visva said this is the first time he came across a death in custody for which there is no report.

The price of speaking up

thenutgraph.com

(Pic by circo de invierno @ Flickr)

CONSIDER this. Despite the available evidence of Al Islam's unethical undercover report in which the magazine's Muslim journalist spat out the holy communion to photograph, no action is going to be taken. The Attorney-General's Chambers decided this despite the police reports and a memorandum lodged by Catholics about the insensitive treatment of a holy sacrament in Christianity.

Then consider this. Because some Muslims perceive that Islam is being challenged by a non-Muslim journalist, English-language daily The Star could potentially lose its publishing permit. At the same time, because some Muslim groups have taken offence at a statement by Sisters in Islam (SIS), the Muslim women's group will likely be investigated under Section 298A of the Penal Code for causing disharmony and disunity on grounds of religion.

What exactly do these developments tell us about the Barisan Nasional (BN) administration's idea of justice and fairness? And how can citizens make sense of how our government is responding to these issues?

Muslim "sensitivities" paramount

It's clear that when it comes to defending a particular faith community's sensitivities, Muslim sensitivities trump all others. And because the majority of Muslims in Malaysia are racially categorised as Malay, it would be logical to surmise that the BN government is only interested in defending Malay-Muslim Malaysians' rights.

Other faith communities, mostly comprising the other races, will just have to contend with being second-class citizens who will not be accorded the same protection as the majority.

Al-Islam magazine containing the
offensive articleActually, the state shouldn't even be in the business of defending those who have been personally offended by the views or actions of others. Indeed, Al Islam's offence was unethical journalism and acting in ways which were un-Islamic despite its pretext of acting in the ummah's interest. Hardly a crime against an individual or the state. No, the state should not be in the business of penalising offensive actions or words.

But since the state has decided to be the guardian of public sensitivities through various legal provisions, it needs to demonstrate that it will treat all citizens and their complaints fairly and equally.

By not doing so, the BN administration, now under Datuk Seri Najib Razak's leadership, is clearly proving that it is incapable of treating all citizens with equality. And that if you're not a Malay-Muslim in Malaysia, there are no guarantees that the state will do right by you.

How else would we be able to make sense of why the administration will not act on addressing Catholics' hurt feelings, but will immediately snap to action when some Muslims' sensitivities are affected?

Price to pay

There is another lesson to be learnt from what has happened recently. If one speaks up for justice and compassion in Malaysia, there is a strong likelihood that there will be a penalty to pay. More troublingly, it is the state that will ensure a price is exacted against citizens who speak up against injustice.

Marina Mahathir (Courtesy of
Marina Mahathir) What exactly was The Star's managing editor P Gunasegaram's crime when he appealed for compassion in the name of religion in his 19 Feb 2010 column titled Persuasion, not compulsion?

Why was The Star made to feel so threatened by the state that it felt compelled to remove Gunasegaram's column from its online version, issue a public apology, and censor long-time columnist Datin Paduka Marina Mahathir?

Sure, at least five police reports have been lodged against The Star, including by the Selangor Islamic Religious Council (MAIS). But what crime was committed that the daily should be given a show-cause letter by the Home Ministry? And why is it a crime for a non-Muslim to reasonably appeal for justice and compassion in the name of Islam? How does doing that denigrate and undermine Islam? How can it even be offensive to Muslim sensibilities when Islam preaches justice, peace, compassion and fairness?

To be sure, the argument used by these complainants — that no non-Muslim should speak up about the administration of Islam in Malaysia — is actually just a red herring. Because SIS, too, hasn't been spared from the wrath of those who have been "offended" by the organisation's statement condemning the clandestine caning of three Muslim women for "illicit sex".

SIS logo And what was SIS's crime? Seems like it was that SIS spoke out against the state's use of Islam to justify the cruel and inhumane punishment of Muslim women for a private sin the state should have no business policing. Its crime was that it was courageous enough to speak up against abuse of power in the interest of justice and compassion.

So what can we conclude? It's not about whether one is Muslim or non-Muslim. Anyone, regardless of faith, who dares to challenge the state's interpretation of Islam will be threatened and punished until they back down.

Really, we shouldn't be too surprised that the BN administration is doing this. After more than 50 years of BN rule, there are more than enough examples of how the government will crack down on those who speak up for truth and justice. From arrests under the Internal Security Act and charges under the Sedition Act to the closure of newspapers including The Star during 1987's Operasi Lalang, the BN is a government that will be neither challenged nor held accountable.

Hence, the use of Islam and the introduction of the notion that Malaysia is an "Islamic state" is really just another way to stifle challenges and attempts at holding state power accountable. After all, God's laws, unlike human-made laws, are sacrosanct and cannot ever be challenged. How convenient, no?

This, then, is what our current government is all about. My question is, do we really want more of the same?

Khairy Politikus Lucu dan Dangkal

Kuala Lumpur – Kelab Anwar Ibrahim (AIC) melihat kenyataan Ketua Pemuda Umno, Khairy Jamaluddin mengenai kedudukan Dato’ Seri Anwar Ibrahim sebagai Ketua Pembangkang adalah satu kenyataan yang lucu dan dangkal.

Khairy berhujah bahawa pengekalan Dato’ Seri Anwar sebagai Ketua Pembangkang akan mengundang lebih banyak masalah bukan sahaja kepada Parti Keadilan Rakyat (PKR) malah kepada Pakatan Rakyat secara keseluruhannya. Kalau Khairy dulunya membantah “campurtangan asing” MP Australia yang mendesak pertuduhan ke atas Dato’ Seri Anwar digugurkan, apa hak Khairy untuk membantah muafakat PR untuk Dato’ Seri Anwar terus kekal mengepalai PR di Dewan Rakyat?

Khairy menyatakan bahawa tindakan PAS dan DAP yang masih memberi kepercayaan kepada Anwar adalah agak luar biasa kerana bilangan anggota Parlimen dari DAP melebihi PKR kini. Khairy mungkin buta sejarah, kerana sejarah Dewan Rakyat pasca merdeka pernah menyaksikan Almarhum Dato’ Onn Jaafar, perwakilan tunggal Parti Negara di Parlimen pada tahun 1959 dilantik menjadi Ketua Pembangkang meskipun pada ketika itu blok pembangkang didominasi oleh Pas dan Socialist Front. Memimpin PR memerlukan karisma dan kualiti kepimpinan yang fleksibel, dan ini jelas terbukti ada pada Dato’ Seri Anwar pada masa kini dan dipersetujui oleh PAS dan DAP khususnya.

Tidak timbul isu,sebagaimana didakwa Khairy, bahawa PR hanya bergantung kepada Dato’ Seri Anwar tanpa sebarang pelan penggantian. Ini kerana PR tidak mengamalkan pelan penggantian individu yang hanya ditentukan oleh pihak-pihak tertentu sebagaimana Umno. Sebaliknya segala keputusan mengenai hala tuju kepimpinan PR akan bergantung kepada Konvensyen setiap parti komponen dan juga Konvensyen PR sendiri di masa akan datang.

Ini berbeza dengan Umno, pengganti Presiden Umno misalnya, diputuskan oleh penyandang Presiden terdahulu tanpa sebarang proses demokrasi, dan perwakilan Umno dalam Pemilihan Umno hanya menjadi rubberstamp untuk mengesahkan ‘pilihan hati’ penyandang meskipun pilihan itu boleh dipertikaikan kredibilitinya.

AIC berpendapat, adalah wajar bagi Khairy untuk memperkemaskan gerak kerja dan kedudukan beliau di dalam Pergerakan Pemuda Umno, daripada terus mengekori jejak yang diambil oleh Dato’ Seri Anwar dan PR umumnya.

Jika Khairy merasakan bahawa Dato’ Seri Anwar mendatangkan masalah, AIC sepenuhnya bersetuju bahawa kepimpinan Dato’ Seri Anwar sememangnya mendatangkan masalah, bukan kepada PR, tetapi kepada sistem korup dan perlaksanaan zalim kerajaan Umno-BN sehingga menyebabkan setiap inci jejak dan langkah yang diambil Dato’ Seri Anwar bisa mendatangkan racau terhadap kepimpinan Umno-BN.

Muhammad Shukri Md. Saad
Presiden
Kelab Anwar Ibrahim (AIC)
http://www.anwaribrahimclub.com

Abdul Gani’s decision not to press charges against Al-Islam reporters without extracting public apology indefensible and dangerous precedent inimical

The decision of the Attorney-General Tan Sri Abdul Gani Patail not to press charges against the two Al-Islam journalists who desecrated a sacred Catholic ritual without extracting a public apology is indefensible and a dangerous precedent inimical to the 1Malaysia concept of the Prime Minister, Datuk Seri Najib Razak.

I can understand the disappointment of Kuala Lumpur Archbishop Tan Sri Murphy Pakiam over Gani’s decision to drop the case against Al-Islam reporters without any public apology.

Gani said the desecration of the communion wafer by the two Al-Islam reporters at the St. Anthony’s Church in Jalan Robertson near Puduraya, Kuala Lumpur last May was “an act of ignorance, not malice” and that they might have hurt people’s feelings but he was satisfied that they did not intend to offend anyone.

The Attorney-General would not be able to convince the community hurt by the act of desecration with such a lame excuse – what more, without any apology from the perpetrators to show remorse for the religious desecration which must be regarded as an act of heinous insensitivity completely unacceptable in Najib’s 1Malaysia.

Gani said: “In view of the circumstances at that particular time, and in the interests of justice, peace and harmony, I decided not to press charges against them.

He said he had made similar decisions in previous cases involving other religions.

The Attorney-General should realise that he is invoking the name of justice without serving justice or Najib’s 1Malaysia concept at all. Gani is in fact desecrating justice itself.

Malaysians are charitable people and are prepared to forget and even forgive wrongs and offences committed – but there must be proper apology and contrition for a heinous insensitivity like the religious desecration perpetrated by Al-Islam reporters in our plural society.

Or has ignorance become a proper defence for certain categories of heinous criminal offences in Malaysia under Gani?

The Attorney-General should review the case of the two Al-Islam reporters and Al-Islam publication and demand an apology from them for not pressing charges.

If Gani cannot get the two Al-Islam reporters and Al-Islam to tender appropriate public apologies and still refuse to press charges to uphold the law and justice, he should be censured by the Cabinet and Parliament.

Gani should also make public all the other cases where he had also made similar decisions not to prosecute in previous cases involving other religions – to prove that his previous decisions can stand scrutiny and accountability.

LTdL : Malaysian Created History

PORT DICKSON, March 5 (Bernama) -- Local ace Anuar Manan created history by becoming the first Malaysian rider to win the stage race in Le Tour de Langkawi (LTdL) since its inception 15 years ago.

Anuar, riding for South Korean Guemsan Ginseng Asia team, won the 111.5km stage 5 race from Muar (Johor) to Port Dickson (Negeri Sembilan).

He also won the green and blue jerseys.

Report lodged against carpet-trader Deepak

Al-Islam case: Church seeks AG's explanation

Zul walks out of PKR disciplinary board

What went wrong with September 16?

Umno dipelawa hadiri debat Melayu terpinggir

S’gor PKR Exco mandore – don’t keep Selangor peanuts funds in bank This MIC style PKR Indian mandore’s peanuts cash to buy political patronage (MO 24

S’gor PKR Indian Exco mandore’s peanuts for River estate Tamil school.

S’gor PKR Indian Exco mandore’s peanuts for River estate Tamil school.

Why not land for all 98 Tamil schools in Selangor all in one go? By granting this land, the Federal UMNO government would be forced to grant full financial aid to all these 98 Tamil schools in Selangor and this River Estate would not need the peanuts grant of RM 24,845.60.

Why yet again this Tamil newspaper kosong wayang kulits paper politics vis a vis political rhetoric?

Why is Anwar Ibrahim’s PKR like UMNO not giving a permanent solution to all 523 Tamil schools in Malaysia which would directly benefit 110,000 Indian students but instead use their Mandores to do the usual wayang kulit.

Because they lose Malay votes?

3 Polytechns to become Varsities. But Indians excluded.

3 Polytechns to become Varsities. But Indians excluded.

Three Polytechnics – Sultan Salahuddin Abdul Aziz Shah in Selangor, Politeknik Ungku Omar in Perak and Politeknik Johor Baru will become Universities.

But we hardly hear of Indians in these 27 Polytechnics which has 86,000 full time students, and from which 300,000 students having graduated from, benefited with twinning programmes with local and foreign Universities. 34% of Polytechnic students would be holding Masters and Phds’ (NST headlines 26/2/2010).

Why are the Malaysian Indian students being excluded from Equality and Equal Opportunities to Education which is guaranteed for in Articles 8 (Equality before the law) and 12 (No discrimination in education) of the Federal Constitution.

P. Uthayakumar

UMNO: Bekalan air sekolah tamil dinafikan

KUALA LUMPUR, Feb 24 – SJK (Tamil) Jalan Cheras yang merupakan salah satu sekolah tamil terbesar di Malaysia menghadapi masalah bekalan air terputus menyebabkan para pelajar sekolah ini turut menghadapi masalah.

Ketiadaan air di tandas sekolah ini menyebabkan pelajar yang masuk tandas sekolah menghadapi kesukaran. Selepas mendapat aduan dari pihak ibu bapa, wartawan yang bergegas ke sekolah tersebut tidak dibenarkan masuk ke dalam sekolah. Pelajar yang masuk ke tandas terpaksa menggunakan air yang ditakung di dalam baldi yang kotor menurut Manimaran dan juga Letchumanan kepada wartawan Makkal Osai. Walaupun aduan telah dibuat kepada Jabatan Pelajaran namun tiada tindakan yang diambil. (Makkal Osai 24/2/2010 di muka surat 8).

How could he shoot my daughter?

The Malay Mail

BEYOND HEARTLESS: Prema resting after surgery to remove the bullets lodged in her body. Pic: SALHANI IBRAHIM

KUALA LUMPUR: “I never thought it would end like this. That man was supposed to become my son-in-law and he betrayed me,” lamented A. Ganason, 51, when recounting how his daughter had been shot by her fiance on Tuesday night at their Kampung Kerinchi low-cost flats in Pantai Dalam.

“How could he, a police officer, shoot my daughter and his future wife?”

Ganason said the fiance, 31, had sent an SMS to his daughter, Prema, earlier on Tuesday to tell her he was coming over to the house.

“He arrived at 9pm and sat with my daughter, Prema, 24, in the living room to talk. My wife and I went to the kitchen to give them privacy.”

About 9.45pm, the discussion became heated and Ganason heard the man push Prema into her room and lock the door. “Not long after, I heard three gunshots coming from the room.”

The blasts woke his son, Devandran, 25, who was sleeping in his room. He rushed out and with Ganason, forced Prema’s room door open.

Once inside, they found her covered with blood on her right arm, hands and chest. The fiance then fired a shot into the ceiling. The bullet ricocheted and grazed the top of Devandran’s head.

But the drama was far from over.

While Ganason was torn between whom to attend to first — his bleeding daughter or injured son — the fiance pulled a bottle from his pants pocket.

“Me and my son’s first thoughts about the bottle was that it could be poison. So both of us charged at him,” Ganason said, adding the man went limp after a struggle.

It was later revealed the bottle contained weedkiller. Neighbours, who were alerted by the commotion, had called the police.

The suspect was arrested while Prema and Devandran were rushed to the Universiti Malaya Medical Centre (UMMC).

Prema, a medical assistant at a dental clinic in the city, had to undergo immediate surgery to remove the slugs in her body. She is still warded at UMMC.

Her brother was given outpatient treatment.

Ganason said the couple had been seeing each other for four years and that he had come to embrace the suspect as part of the family, especially after their recent engagement.

He said the relationship soured in recent weeks and Ganason suspected jealousy could have been involved but declined to elaborate as police have yet to conclude their investigations.

Meanwhile, Kuala Lumpur police chief, DCP Datuk Muhammad Sabtu Osman said the suspect was a police constable attached with the Dang Wangi district police headquarters.

“He has worked for the force for eight years and was assigned duties as a driver for a Crime Investigation Department officer.”

Asked why the suspect had a revolver with him, Sabtu said he was actually on duty that night. He is now remanded at the Brickfields district police headquarters and being investigated under Sections 307 and 309 of the Penal Code for attempted murder and attempted suicide.

PKR says no to all-Muslim panel for Zul Noordin

Saifuddin says the PKR disciplinary board will not bend to the will of Zulkifli. - Picture by Jack Ooi

By Clara Chooi - The Malaysian Insider

KUALA LUMPUR, March 4 — PKR’s disciplinary board will not bend to the will of Kulim-Bandar Bharu MP Zulkifli Noordin’s demand for an all-Muslim panel and is expected to deliberate on his hearing despite today’s walkout, party secretary-general Saifuddin Nasution said today.

Saifuddin told The Malaysian Insider this evening that there was nothing wrong or disrespectful with the decision to maintain the present panel members instead of replacing them with only Muslim members.

Zulkifli had made the request for an all-Muslim panel in view of the fact that he was to answer to disciplinary charges involving his actions in the “Allah” row.

“He has to understand. He is not being tried for his stand on the word “Allah”. He is being tried for his act of lodging a police report against a fellow Pakatan Rakyat MP despite the party’s gag order on the matter,” Saifuddin said.

He added that the decision to reject Zulkifli’s request which was made by the party’s disciplinary committee would remain the same.

“We are trying him on his action of defying a party order, not about his stand. It is very different. That is why there is no need for there to be an all-Muslim panel,” said Saifuddin.

He added that Zulkifli was welcome to his beliefs on the “Allah” matter, whether or not it was in conflict with the party’s view. “But when you disregard a party order and lodge a report against a fellow MP, disciplinary action will have to be taken,” he said.

Zulkifli had lodged a report against Shah Alam PAS MP Khalid Samad over his disagreement in the issue. Saifuddin acknowledged that he had received a fourth letter from Zulkifli today, containing the same eight demands that the latter had made in view of his disciplinary hearing. He noted however that the decision would remain the same.

“The board will make their recommendations (of disciplinary actions) to the party’s supreme council for endorsement. This means that Zulkifli will have to make up his mind whether to concede to the board’s decisions, even though it was made by non-Muslim members, or leave the party.”

The maverick politician today staged a walkout when he was informed that his demands had not been met and the same panel who sat on Monday would be handling his case. Zulkifli had expressed disappointment that the panel comprised of only one Muslim member while the others were two Christian activists and one Hindu.

“I mean no disrespect to the members of the board but I refuse to recognise them for it is inappropriate for them to be passing judgement on a religion that they themselves do not understand.

“On this issue, I will not compromise. Who better to judge me then another fellow Muslim? I were to be punished by another Muslim for my involvement in this matter, I can accept it.

“Justice requires for one to be tried by one’s own peers. Justice must not only be done, it must also be seen to be done,” he said in a press conference after the hearing.

Zulkifli is also facing the board for his open criticism of Penang Chief Minister Lim Guan Eng. He is expected to leave PKR and join former colleagues Datuk Seri Zahrain Hashim, Tan Tee Beng and Mohsin Fadzli Samsuri, who defected recently citing loss in the party’s leadership.

Zulkifli had told pressmen today that “as of now” he had no plans to quit and wanted to stay on to defend himself.

He noted that the board had a deadline to make a decisiob by next Tuesday on the matter. “Then I will decide,” he said, adding that if his demands were not met, it meant that the party had no respect for the Islamic religion.

Charging Al-Islam reporters ‘not in interest of justice’, says A-G

KUALA LUMPUR, March 4 — Attorney-General Tan Sri Abdul Gani Patail (picture) has decided not to press charges against the two reporters who wrote an article about the church and Islam in a magazine.

He said taking stern action would not be in the interest of justice, peace and harmony at this particular time. “I have previously decided similarly in other cases where the circumstances were quite similar involving other religions, under those circumstances taking serious action would not be in the interest of justice at that particular time,” he said in a statement here today.

He said a police report was lodged in respect of an article published in Majalah Al-Islam entitled “Tinjauan Al-Islam Dalam Gereja:Mencari Kesahihan Remaja Melayu Murtad” in its May 2009 issue.

“The police commenced investigation and submitted the investigation papers to my Chambers,” he said.

Abdul Gani said the investigation revealed that the two reporters went into the Church of St Anthony at Puduraya to verify allegations that Muslims were converted into Christianity and the use of the word “Allah”.

“Their observations showed that such allegations were not true. In the church, they were given the white bread by the pastor which they subsequently brought back to their office.

“It was further disclosed that they did not know the significance of the white bread. No disturbance was caused in the church. In fact, no one in the church was aware that they were Malays,” he said.

Abdul Gani said the actions of the two reporters might have hurt the feelings of the people but he was satisfied that they did not intend to offend anyone and it was an act of sheer ignorance. — Bernama

Security raised in Malacca Strait after terror warning

A Police Coast Guard vessel patrols the shipping lanes near freight ships off the coast of Singapore. - Reuters pic

SINGAPORE, March 4 — Singapore, Malaysia and Indonesia said today they are stepping up security in the Strait of Malacca, a key shipping lane for world trade, following warnings of possible attacks on oil tankers in the area.

The Singapore Navy has received indications a terror group is planning attacks on oil tankers in the Strait of Malacca, the Singapore Shipping Association said in an advisory.

The Singapore Navy recommended ships using the strait between Indonesia and Malaysia strengthen security measures. Malaysia’s coast guard has already stepped up security in the narrow waterway that tankers use to carry oil from the Middle East to Japan and China.

Indonesia said it is stepping up security there as well, Defence Minister Purnomo Yusgiantoro told Reuters. “We will increase the security and step up patrols in that area. Oil tankers can pass, but we will increase our readiness,” he said.

An attack that closed the Strait of Malacca or the Singapore port even temporarily could have a disproportionate impact on global trade, since Singapore is the world’s top container shipping port and biggest ship refuelling hub.

“Maritime attacks offer terrorists an alternate means of causing mass economic destabilisation,” terrorism risk analyst Peter Chalk said in a Rand report on piracy and maritime terrorism.

“Disrupting the mechanics of the global ‘just enough, just in time’ cargo freight trading system could potentially trigger vast and cascading fiscal effects, especially if the operations of a major commercial port were curtailed,” Chalk said.

The Singapore Shipping Association said its warning did not preclude possible attacks on other large vessels besides tankers. A Thai naval attaché in Singapore said the original warning came from Japan, which informed the International Maritime Bureau (IMB) that ships in the Strait could be hijacked. The IMB then warned regional navies of a possible piracy attack, he said.

“Later, they changed the term to “terrorist attack” as there was fear that they could use heavy weapons to attack these ships,” the Thai attache, Captain Sutheepong Kaewtab, said.

IMB spokesman Noel Choong said it had received the information from a foreign government agency.

“It is a terror threat,” Kuala Lumpur-based Choong said when asked whether it was a terror threat or piracy.

The Malacca Strait has long been infested with pirates.

The threat of an attack by either a terror group or pirates could raise insurance costs for shipowners. A shipping broker in Singapore said he had not heard of the warning and said there had been no effect on rates for booking tankers.

Middle East crude accounts for 90 per cent of Japan’s imports, while up to 80 per cent of China’s oil imports and 30 per cent of its iron ore imports pass through the Strait of Malacca.

Any attack could also have a big impact on shipments of some major commodities from Sumatra. The island is a key producer for palm oil, rubber and coffee.

But a spokeswoman for Japan’s Mitsui OSK Lines Ltd, the country’s second-biggest shipping firm, said the warning would not cause it to change operations. “I don’t think we would change the route. Basically the area is dangerous, so we have been taking precautions.”

Shipping presents a soft target, particularly after global airline security was massively tightened following al Qaeda’s use of hijacked planes as flying suicide bombs in its attacks on the World Trade Center and Pentagon in September 2001.

The main vulnerability is the ease with which large slow-moving oil tankers and cargo ships can be targeted by fast explosives-laden dinghies or speedboats in suicide attacks.

Al Qaeda has launched or planned several seaborne attacks in the past decade — notably the suicide bombing of the USS Cole in 2000, which killed 17 American sailors, and a similar attack two years later on the French supertanker Limburg, which killed one crewman and spilled 90,000 barrels of oil into the Gulf of Aden. The ease with which Somali pirates have been able to board and hijack large vessels — including an oil supertanker in 2008 — has also raised concerns of another kind of terrorist attack in which a ship is commandeered and turned into a “floating bomb” that could shut down a major shipping lane or destroy a port.

But analysts say fears that terrorists could detonate ships carrying crude oil or liquefied natural gas (LNG) are overdone. Crude is not very flammable and LNG carriers are robustly constructed and include significant safety features. They might be easy to board, but not to quickly convert into a weapon.

“The threat should be taken seriously as it comes from the Singapore Navy and has been shared with the shipping community,” said Rohan Gunaratna, a Singapore-based expert on radical groups who has written a book on al Qaeda. — Reuters

Catholic Church demands apology from Al-Islam

Tan Sri Murphy Pakiam speaking to the press at the media conference today. - Picture by Choo Choy May

By Debra Chong -The Malaysian Insider

KUALA LUMPUR, March 4 — The Archbishop of Kuala Lumpur, Tan Sri Murphy Pakiam, today said the Catholic Church would not pursue legal action against Al-Islam magazine and its reporters who had desecrated a ritual sacred to the Catholic community if it was offered a public apology.

Speaking at a press conference on behalf of the church and the Catholic community at large, Pakiam said it would be enough for the magazine editor and the two reporters to apologise publicly for their acts.

“Forgiveness is a main part of our ‘club’,” the head of the KL archdiocese quipped, referring to the Catholic church’s central belief.

“We strive daily in our prayers for forgiveness,” he added.

He pointed out that it would not be the first time the church had dropped the pressure to take a publication to court, referring to a Tamil newspaper that had published an advertisement a few years back mocking a popular image of Jesus Christ holding a can of beer in one hand.

“As soon as the editor apologised, I told them, ‘Yes. I accept the apology. The matter is closed,” Pakiam said.

Pakiam had earlier at today’s press conference slammed the Attorney-General for deciding against prosecuting the Islamic magazine and its two reporters who had published a report of their exploits while undercover at a Catholic church in Ipoh last year.

Two Catholics had filed a police report against the magazine last July, claiming its reporters had desecrated church grounds when they pretended to be Christians and took part in the Holy Communion, a ceremony sacred to Catholics.

The police had investigated the reporters under section 298A (1) of the Penal Code for causing disharmony, disunity or feelings of enmity, hatred or ill will, or prejudicing harmony or unity on religious grounds.

The punishment carries a jail sentence of between two and five years.

But the A-G last week disclosed that it would not press charges against the magazine which had published the incident in its May 2009 issue.

The district police headquarters at Dang Wangi here had subsequently informed the complainant, KS Sudhagaran Stanley, in a letter that the deputy public prosecutor had decided to take “No Further Action”.

“It appears that the DPP’s instruction of no further action implies and conveys the message that no crime has been committed, despite an admission by the journalists of desecrating the Holy Communion,” Pakiam said.

The man of the cloth noted that the authorities had failed to understand the magnitude of the wrong done to the Catholic community.

Pakiam described the acts by the magazine’s writers as not only disrespectful but “shows contempt for our belief and a hatred for the church when our belief is violated”.

However, he told reporters he was not in support of Sudhagaran Stanley’s idea for a public demonstration and discouraged other supporters from the Catholic Church from joining in because “it is not an effective way to bring about the resolution to the issue”.

“If those in authority fail in their duty to take action against the perpetrators, then others will feel less compelled to act within the constraints of law and basic civilised norms of decency, if this or like incidents are repeated.

“The lack of positive action would appear to legitimise the actions of the journalists,” he added, lamenting that Home Minister Datuk Seri Hishammuddin Hussein had failed to respond to a memorandum sent by the Catholic Lawyers’ Society protesting the outrage and received at his office by Deputy Home Minister Datuk Abu Seman.

Pakiam denied the inaction was related to the church’s suit on the “Allah” issue, which it finally won in the High Court on New Year’s Eve 2009.

In very strong language, Pakiam challenged the home minister to do his duty, but stopped short of saying the church would file another suit to review the A-G’s decision.

Pakiam appeared less than eager to push the legal path for justice. Instead, he said, he was “advocating greater understanding and foremost respect from all concerned”.

“We live in a multicultural, multi-religious community. There is a need to be respectful of each other’s beliefs, failing which we will lose sight of our own humanity and dignity, the very best of the 1 Malaysia concept,” Pakiam said.

Is the MACC avoiding Bala?

On 17 December 2009, the MACC wrote to private investigator P. Balasubramaniam’s lawyer. On 24 December 2009, the lawyer responded to the MACC letter. On 22 January 2010, the lawyer, again, wrote to the MACC. But it appears like the MACC is too busy to reply to the letter or to proceed with the meeting with Bala although he has agreed to meet them. Is the MACC avoiding Bala? How can they establish whether Bala told the truth if the MACC does not interview him?

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Suruhanjaya Pencegahan Rasuah Malaysia,

Blok D6, Kompleks D,

Pusat Pentadbiran Kerajaan Perseketuan,

62007, Putrajaya,

Attn: En. Abdul Rahman Bachok

24 December 2009

Dear En. Abdul Rahman,

Re: Report lodged by Shamsul Iskandar Mohd. Amin in relation to the recent disclosures by P. Balasubramaniam

I refer to the above matter wherein I act for Mr. Americk Sidhu.

My client informs me that he had, on the 4th December 2009, sent you an email informing you that Mr. P. Balasubramaniam was prepared to assist you in your investigations into the above report subject to certain conditions. The conditions which were listed are as follows:

1. That any interview of Mr. P. Balasubramaniam by MACC be conducted in either Singapore or London.

2. That the date, time and place of the interview be mutually agreed upon to suit all parties.

3. That all necessary air fares be borne by the MACC, including those of counsel involved.

4. That all hotel expenses, subsistence, transportation and meals in respect of Mr. P. Balasubramaniam, Mr. Americk Sidhu and other counsel necessarily present be borne by the MACC.

5. That any statement recorded by your officers be in the English language and a copy thereof be given to Mr. P. Balasubramaniam immediately after the interview has been completed.

6. That an audio visual recording of the interview be taken by our client or his representatives, and a copy thereof be provided to the MACC.

Please note that Mr. Americk Sidhu is not in the Malaysia at the moment and therefore all future correspondence from MACC on this matter should be addressed to this office for my attention.

I look forward to hearing from you shortly.

Yours sincerely,

Manjeet Singh Dhillon

*************************************************

Suruhanjaya Pencegahan Rasuah Malaysia,

Blok D6, Kompleks D,

Pusat Pentadbiran Kerajaan Perseketuan,

62007, Putrajaya,

Attn: En. Abdul Rahman Bachok

22 January 2010

Encik Abdul Rahman Bachok,

Re: Report lodged by Shamsul Iskandar Mohd. Amin in relation to the recent disclosures by P. Balasubramaniam

I refer to the above matter and your letter dated 12 January 2010 in reply to my earlier letter dated 24 December 2009. I place on record that your letter was received by pos laju on 19.1.2010.

Several issues need to be clarified before this matter can proceed further.

1. My earlier letter was an open letter to you. You have arbitrarily resorted to labeling your reply ‘Rahsia’ in two separate places on your letter. Please take note that I do not agree to such an arbitrary classification [of secret] by you to an exchange of correspondence between a lawyer and MACC. You have neither a right to append such classification to any such correspondence nor do you have a right to reclassify my letter or its contents into such a category. I fail to understand the need to resort to such classification and would request that you take immediate steps to resend your letter to me without any such ‘Rahsia/Secret’ classification.

2. I will upon receipt of an open letter from you revert with my client’s further instructions on the matters/conditions set out in your letter under reference.

3. In addition you may wish to note that everything Mr. Balasubramaniam has to say has been extensively reported, both in video and audio mode, all over the world. The statement that will be recorded by MACC will as such be exactly the same material albeit in the form and style of a recorded written document. I do not think there is anything new that MACC officers could introduce into the statement that I from some 40 years of experience at the Criminal Bar would have not have seen, considered or questioned in the course of the videoed interview that was broadcast. As such your demand in condition 3 in your letter that the statement recorded from him would be classified under the Official Secrets Act 1972 and ‘cannot be provided to him’ is both a preposterous and ridiculous stance more so as the whole of Malaysia already knows the nature and contents of his statement. You have as such neither a legal basis nor a legal right to classify the proposed statement from Mr. Balasubramaniam under the Official Secrets Act 1972. Would you thereafter resort with a similar classification [and threats of OSA prosecutions under the Malaysian Official Secrets Act??] to the same material that is already in his SDs and in the YouTube interviews and in so many world wide blogs, media and net reports? I trust you will see the absurdity of such a demand.

4. You have equally neither a proprietary interest in Balasubramaniam nor his statement, whether as a witness or otherwise. He, and his lawyers, have as much a right to the statement as does anyone interested in the welfare of the nation. I would have thought that the MACC, having learnt a lesson from the Teoh incident, would in this one instance want total transparency in all their actions to show themselves to be an independent body. Acting in secret and in a cloak-and-dagger style invites criticism of unfair play and ‘dirty’ tactics. Surely you would want to avoid that. Mr. Balasubramaniam and his legal team want transparency. Why would MACC want it otherwise?

5. Carrying on from 4 above, MACC should not be afraid to agreeing to a video/audio recording. I again fail to see why when investigative agencies the world over are resorting to comprehensive video/audio recordings of statements to ensure transparency and fair play that the MACC should only want to limit itself to an archaic audio recording. What is that the MACC fears will reveal itself in a video recording that it wants to avoid?

I must stress that 2 to 5 above are not my client’s instructions but are my observations from a legal perspective on MACC’s dubious positioning in your letter. If MACC truly wants justice to be done then it must equally adhere to the precept that it [justice] MUST ALSO BE SEEN TO BE DONE.

I look forward to hearing from you shortly in line with 1 above. I will after receiving your ‘open’ letter revert with my client’s instructions on the forward progress of this matter that means so much to the nation’s health.

Please take note that this is an open letter and NO secrecy applies to its contents.

Yours sincerely,

Manjeet Singh Dhillon

The BSA Tahir and PI Bala sagas

Do I detect some reluctance on the part of the MACC? Is the MACC trying to avoid meeting Bala? Why is the MACC so scared of meeting Bala? What is it that Bala is going to say that has put the fear of God in the MACC?

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Shareholder dispute revives Scomi past

Leslie Lopez, The Straits Times

A YET-TO-BE publicised shareholder dispute involving the son of former prime minister Abdullah Badawi is likely to renew debate over Malaysia's role in the clandestine trade of sensitive military technology.

Sri Lankan businessman Buhary Syed Abu Tahir has gone to the High Court to claim RM75 million (S$31 million) from the former premier's son, Mr Kamaluddin Abdullah, and another businessman, Mr Shah Hakim Shahzanim Zain.

In the suit filed by his wife late last year, Mr Tahir is demanding what he claims is money owed to him for his equity interest in engineering company, Scomi Group, lawyers familiar with the case told The Straits Times.

*************************************************

You can read the entire report below.

What I want to reveal here is that when I was in Kamunting for almost two months from September to November 2008, I did some probing. You know me: I love probing -- as long as it is not the butt of a Havana Club hostess. Anyway, what I discovered in my probe is most interesting indeed.

I found out that Buhary Syed Abu Tahir a.k.a BSA Tahir did not spend his entire time in Kamunting. They did send him there when they first detained him under the Internal Security Act (ISA) but a short while later they came back for him and he ‘disappeared’.

Four years or so later, Tahir suddenly returned to Kamunting and a few days later he was released. Tahir is probably the first person in Malaysia to be detained under the ISA in Kamunting but not actually having to spend time in Kamunting.

I did more probing and discovered that during the time he ‘disappeared’ from Kamunting, Tahir was ‘detained’ in an exclusive condo in Bangsar. That was how he ‘suffered’ his four years detention.

The reason why Tahir was detained but not Kamal or Shah Hakim was never really explained other than the excuse that Tahir did things behind their backs which they were not aware of. Now it seems they were more than aware. They were in fact part of the ring.

Okay, while we wait for the Malaysian mainstream media to pick up this story (if they dare), let us move on to PI Bala. Bala is still awaiting the confirmation of the interview that the MACC wants to have with him. MACC, however, is yet to decide when and where they would like to meet Bala even after so many months.

Do I detect some reluctance on the part of the MACC? Is the MACC trying to avoid meeting Bala? Why is the MACC so scared of meeting Bala? What is it that Bala is going to say that has put the fear of God in the MACC?

I can almost hear the taunting in the background: yeh, yeh, MACC kecut!

*************************************************

Report lodged against carpet-trader Deepak

(Malaysiakini) - The police has been urged to investigate carpet company director Deepak Jaikishan, who was implicated by private eye P Balasubramaniam of the Altantuya Shaariibuu case, for alleged "suspicious" earnings running into hundred of millions.

Solidariti Anak Muda Malaysia coordinator Badrul Hisham Shaharin lodged the report at the Dang Wangi district police headquarters today.

According to the police report, Badrul Hisham said he had information that Deepak's company - Carpet Raya Sdn Bhd - had recorded RM122 million in revenue and RM7 million in profit.

"The quantum of the profit and revenue is very suspicious in view that the company is registered as a carpet trader," said Badrul Hisham, who is also PKR supreme council member.

"I am skeptical about the profit made by the company because of its nature (a carpet trader), where earnings of such a huge amount is doubtful," he said.

Along with the police report, Badrul has attached information on Carpet Raya obtained from the Registrar of Companies as well as bank transactions involving the company as evidence.

According to Badrul, the evidence was obtained over a month ago but was only made public now after this had been validated.

"My sources will only be revealed if the police can ensure that further action will be taken against the carpet company," he said.

Last year, Balasubramaniam had alleged that Deepak played a role in urging the private investigator to withdraw a damning statutory declaration which drew a link between Prime Minister Najib Abdul Razak and Altantuya.

Allegedly offered RM5m by Najib's brother

A day after revealing the statutory declaration, Balasubramaniam issued another statutory declaration which disclaimed the veracity of the first, and promptly left the country with his family.

Last November, Balasubramaniam surfaced with more allegations, this time in a series of interviews which were posted on popular video-sharing website Youtube.

Balasubramaniam claimed he was offered RM5 million by Nazim, Najib's brother, to retract the first statutory declaration. Najib has dismissed the allegations as "frivolous".

Following this, Balasubramaniam's lawyers requested Malaysian Anti-Corruption Commission (MACC) to investigate their client's claims.

In January, Malaysian Anti-Corruption Commission (MACC) head Abu Kassim Mohamed said the graft watchdog was willing to meet Balasubramaniam to record his statements.

It is unclear whether MACC investigations have commenced.

GENEVA MOTOR SHOW

1. For the first time Proton takes part in the prestigious motor show in Geneva. It is costly to exhibit there but I was gratified at the interest shown by the foreign and Malaysian journalists and motoring fans in the new Proton concept car - the EMAS (Eco-Mobility Advanced Solution).

2. Malaysians will not be able to buy it for a long time but even though the car was designed for the world market it would first appear on Malaysian roads.

3. It is a small car, designed by Italdesign Giugiaro and Proton designers and engineers in Turin. For a small car it is very spacious and has many innovative features. It can actually seat up to five adults and comes in three versions. There will be three more versions later.

4. The completed car which was the principal attraction has a hybrid engine. But ordinary Internal Combustion Engine can also be installed and would cost less than the hybrid. However, no price has been fixed yet.

5. Malaysian journalists present have already reported on the car. I am just adding for the visitors to my blog.

6. I may be wrong (and as usual many comments will tell me I am wrong) but I think the journalists and the hundreds of motorcar enthusiasts who visited the stand were impressed by the many unique features of the car.

7. If this car proves to be a success it may mark the true recovery of Proton.

No charges in police shooting

thenutgraph.com

PETALING JAYA, 4 Mar 2010: No charges will be brought against police who were involved in shooting single mother Norizan Salleh, but investigations may be conducted into reports that police stepped on her after she was shot.

"Her allegations of being stepped on and punched after the shooting may have to be looked into to see whether there was any abuse [of power]," Kuala Lumpur CID chief Datuk Ku Chin Wah said. "But as far as the shooting was concerned, that was rightful."

(Pic by hisks / sxc.hu) Ku was referring to the 30 Oct 2009 incident in Kuala Lumpur, where Norizan sustained a bullet wound close to her heart after being shot at five times.

"We have investigated this case thoroughly and submitted the papers to the Deputy Public Prosecutor (DPP). He is satisfied the police acted within the provisions of section 100 of the Penal Code, [which allows for self-defence under certain circumstances].

"He does not propose to charge or take any departmental action against any of the police involved," Ku told The Nut Graph.

Written guidelines

In an e-mail and phone interview, Ku said that in the Norizan incident, police were acting within the ambit of the police's written guidelines on the use of firearms.

"Deriving from the legal provision [in the Penal Code], Inspector-General Standing Order D222 lays out further guidelines," Ku explained.

"Police may discharge their firearms when they believe that their lives or the lives of those in their protection are in danger. The key words in the order are 'reasonableness' and 'good faith'. Also, the right to self-defence ceases when there is no more threat to their lives and the lives of others."

Norizan Referring to Norizan's case, Ku said, "We have the luxury of time and hindsight, but our [police] do not have that luxury. They had to decide in a split second what to do."

Ku added that the car Norizan was in had tried to ram the police when they were pursuing it. He also said the car was found to have been reported stolen, contained stolen items and weapons such as machetes, and that the two men in the car later tested positive for drugs.

Ku said any discharge of firearms triggers a formal investigation which is forwarded to the DPP for consideration.

Shot, then kicked

In an interview in Kuala Lumpur on 2 March 2010, Norizan said she was sitting in the backseat of a car on her way home to Segambut when a police patrol vehicle drew up alongside and fired shots at them.

"When the car stopped, I tried to ask for help because I had been shot, but the police kicked me. When I got out, I was stepped on by the police. I kept saying, 'Encik, Encik, saya kena tembak.' When the police realised I had actually been shot, then only they brought me to the hospital," she said.

Norizan added that the car driver's thigh was grazed whereas the other two occupants were not injured.

The gunshot wounds led to part of her lung being removed and shattered some bones in her right wrist, which is still in a cast. In addition, Norizan said two ribs were broken by the police stepping on her.

Norizan said she has no criminal record, has not been charged for any crime, and has not done anything wrong. "I would like legal action to be taken against those who have abused their power. I would also like compensation for my injuries," she said.

Norizan has lodged a police report on the incident and also raised the matter with Suhakam.

Minister's response

Hishammuddin (File pic) Norizan also attempted to submit a memorandum of complaint to Home Minister Datuk Seri Hishammuddin Hussein on 25 Feb 2010. The minister, however, was not present to receive it.

When asked on 2 Mar 2010 about the shooting by The Nut Graph at a ministry event in Kota Damansara, Hishammuddin said he was unaware that Norizan had gone to the ministry on 25 Feb to deliver the memorandum.

On whether any investigation was being carried out to ascertain why Norizan was shot, Hishammuddin replied: "I don't have the details."

The Nut Graph has also made an official request to the ministry for a copy of the guidelines on discharge of firearms but has not received a response to date.

Suhakam commissioner Datuk N Sivasubramaniam told The Nut Graph that the national human rights commission would also be requesting for the guidelines in their meeting with the police about Norizan's case.

However, Ku said the guidelines are an "internal, restricted administrative document not meant to be circulated in public".

When asked about the guidelines at the ministry event, Hishammuddin said the issue wasn't about guidelines. "It's about taking seriously issues that have been directly brought to our attention."

Wakil Rakyat Muda Pakatan Yakin ia Semakin Kuat

Dari Malaysia Kini
Oleh Salhan K Ahmad

Wakil rakyat muda Pakatan Rakyat percaya gabungan parti berkenaan kini bertambah kuat apabila elemen-elemen yang tidak diperlukan dalam parti itu kini telah menyingkirkan diri mereka.

Mereka juga akur dengan tugas berat yang kini dipikul dalam mentadbir negeri-negeri yang dikuasai Pakatan – Selangor, Pulau Pinang, Kedah dan Kelantan – serta cabaran untuk mengekalkan sokongan di negeri-negeri berkenaan.

Pandangan ini disuarakan dalam satu forum Wacana Generasi Perubahan dengan tajuk Dasar Bersama Pakatan dan masa depan politik Malaysia di Petaling Jaya malam tadi.

Bagaimanapun, pemimpin-pemimpin muda ini turut mengakui terdapat isu-isu yang mampu menggugat pakatan tersebut, seperti isu penggunaan kalimah Allah yang didakwa telah dimanipulasikan oleh Umno.

Wakil Bukit Bendera Liew Chin Tong (DAP) berkata isu kalimah Allah telah diketahui oleh Umno sebagai satu senjata ampuh yang boleh digunakan bagi menyerang Pakatan.

Bercakap dalam forum itu malam tadi, beliau mendakwa, naib presiden Umno, Datuk Seri Hishammuddin Hussein telah memberitahu satu mesyuarat biro politik Umno bahawa ia merupakan satu-satunya isu yang boleh memecahbelahkan Pakatan dengan mudah.

Menurut Liew, inilah yang menyebabkan Pakatan perlu menguatkan kesepakatan dalam mencari ruang bersama di antara anggota gabungan parti tersebut bagi menangkis serangan seperti itu.

Menyetujui pendapat itu ialah seorang lagi wakil rakyat PKR, Nurul Izzah Anwar (Lembah Pantai) yang mendakwa kesan daripada isu kalimah Allah itu sememangnya telah dirancang oleh Umno.

“Pada Februari 2009 ada undang-undang baru yang diluluskan oleh (Datuk Seri) Syed Hamid Albar di Parlimen, tapi tidak sampai setahun mereka sendiri melawan undang-undang yang mereka buat.

“Mereka jugalah yang memperkenalkan isu kalimah Allah. Tidakkah rakyat boleh melihat tangan-tangan ghaib mereka?”

Katanya, label ‘ejen Yahudi’ yang sering dilemparkan kepada PKR kini terkena kepada batang hidung Umno sendiri apabila presiden parti itu Datuk Seri Najib Tun Razak, menurutnya, diketahui mengupah sebuah firma strategik asing untuk membina imej beliau.

Sementara itu, Nik Nazmi Nik Ahmad pula berkata parti-parti di bawah Pakatan kini mengambil juga pendekatan yang lebih pragmatik dalam menghadapi dasar-dasar yang diperkenalkan BN seperti cukai barang (GST).

“Kita mengambil pendirian pragmatik, kita tidak tolak sepenuhnya (GST) sebab kita berminat untuk jadi kerajaan,” katanya ketika menjawab satu soalan dalam sesi seterusnya.

“Pendirian kita, GST itu tidak sepatutnya diperkenalkan sekarang sedangkan rakyat sudahpun terbeban dengan cukai yang sedia ada.

“Kerajaan perlu mengurangkan subsidi korporat kepada syarikat yang menerima konsesi besar daripada kerajaan seperti penjana tenaga bebas (IPP) dan Syabas,” katanya.

Seorang ahli panel, Amiruddin Shari yang juga ADUN Batu Cave berkata, kesungguhan Pakatan dalam mengaplikasikan dasar Pakatan itu boleh dilihat dalam usaha kerajaan negeri Selangor menyeimbangkan bantuan kepada setiap golongan masyarakat.

“Contohnya kita beri bantuan sebanyak RM4 juta kepada kepada sekolah agama rakyat, RM4 juta untuk sekolah Cina dan RM4 juta kepada sekolah Tamil,” katanya di forum itu yang dihadiri lebih 100 orang.

“Kita juga ada (konsep) CAT (Keupayaan, Ketelusan dan Akauntabiliti) di Pulau Pinang dan Selcat (jawatankuasa pilihan khas mengenai keupayaan, kebertanggungjawaban dan ketelusan) di Selangor untuk pastikan setiap DUN berfungsi dengan aktif melalui kaedah semak dan imbang,” katanya lagi.

Turut bercakap dalam forum berkenaan ialah wakil PAS Suhaizan Kaiat dan juga pegawai penyelidik menteri besar Selangor Tricia Yeoh.

Dasar bersama Pakatan Rakyat kali pertama dibentangkan pada 19 Disember lalu, yang menyaksikan dukungannya secara rasmi oleh kesemua pemimpin tertinggi PAS, DAP dan PKR dalam satu konvensyen yang julung kali diadakan.

KEADILAN Tetap Teguh Dan Mantap

KENYATAAN MEDIA
UNTUK EDARAN SEGERA
Tarikh: 4 Mac 2010

KEADILAN TETAP TEGUH DAN MANTAP

Peristiwa beberapa orang Ahli Parliamen (AP) melompat keluar dari Parti Keadilan Rakyat (KEADILAN) merupakan proses penyucian yang dialu-alukan. Kami percaya apabila sudah tidak ada daki, kulit menjadi lebih bersih dan badan lebih sihat.

Sejarah menunjukkan PAS dan DAP mengalami cabaran lebih buruk pada peringkat permulaan mereka. Beberapa pimpinan utama mereka keluar parti. Dari DAP Goh Hock Guan (SUA), Richard Ho (pemimpin kanan), Lee Lam Thye dan lain-lain keluar parti. Ada pihak menganggap DAP akan lingkup. Sebaliknya ia menjadi lebih kuat sehingga kini.

Dari PAS pula, Asri Muda (Presiden), Osman Abdullah (SUA), Nakhaie Ahmad (Naib YDP) dan ramai lagi meninggalkan parti. Para pemimpin Umno menyangka dan mengharapkan PAS akan gulung tikar. Tetapi apa berlaku? PAS menjadi lebih teguh seperti yang terbukti sekarang.

Kita jangan lupa Umno juga melihat ramai pemimpin, termasuk tiga orang Presidennya – Onn Jaafar, Tunku Abdul Rahman dan Hussein Onn – keluar parti dan tidak masuk semula sehingga mati. Tidak seperti Mahathir Mohamad, yang bercerai sekejap dan kemudian rujuk kembali. Berbeza dengan PAS dan DAP, Umno lebih parah keadaannya kini.

Ahli-ahli Parliamen yang melompat katak dari KEADILAN akhir-akhir ini, seperti Ahli-ahli Dewan Negeri yang berbuat serupa terdahulu darinya, menghadapi masalah pribadi serta kewangan dan ada yang mula disiasat oleh pihak SPRM (Suruhanjaya Pencegah Rasuah).

Selain itu mereka tidak menjaga kawasan, tidak pernah menuyarakan rintihan apatah lagi membela hak rakyat. Mereka tidak menunjukkan prestasi yang baik dalam Parlimen – tidak pernah atau jarang sekali bercakap atau berbahas.

Pimpinan Umno meraih peluang dari kelemahan mereka. PM Najib Razak dan isterinya Rosmah Mansor menemui hampir semua sebelum mereka keluar – termasuk juga beberapa orang bukan ADUN atau AP yang boleh diperalatkan – dengan menjanjikan berbagai-bagai habuan untuk memikat mereka. Kami mendapat maklumat bahawa berpuluh juta dana disediakan oleh PM serta kroni konrporatnya untuk membeli ADUN dan AP, terutama dari KEADILAN.

Najib dan pemimpin Umno yang lain berikrar konon hendak berusaha menghapuskan korupsi. Sebaliknya mereka sentiasa melakukan korupsi politik dan kewangan besar-besaran. Tindakan korupsi mereka pasti akan menjadikan KEADILAN lebih teguh dan mantap dan disokong rakyat ramai.

Dr Syed Husin Ali
Timbalan Presiden, KEADILAN

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MEDIA STATEMENT
FOR IMMEDIATE RELEASE
Date: 4 March 2010

KEADILAN STRONG AND CONSOLIDATED

The actions of some Members of Parliament leaving the Malaysian Justice Party (KEADILAN) is a cleansing process that is very much welcome. When dirt is removed, the skin becomes cleaner and the body stronger.

History has shown that PAS and DAP faced more serious challenges especially during the earlier stages of their development. Many of their important leaders left. From DAP were Goh Hock Guan (Sec-Gen), Richard Ho (senior leader) and Lee Lam Thye, among others. Some people though that this would spell disaster tothe party, but instead DAP emerged much stronger until now.

As for PAS, many have left the party, among them Asri Muda (President), Osman Abdullah (Sec-Gen) and Nakhaie Ahmad (Vice President). Leaders of Umno then thought and hoped that PAS would close down. But what happened? PAS emerged very much strengthened as witnessed now.

Lest we forget, Umno itself experienced a number of their leaders quitting, including three former Presidents – Onn Jaafar, Tunku Abdul Rahman and Hussein Onn. They left and died outside Umno. This was different from Mahathir Mohamad, who divorced Umno only for a short while and then reconciled. Unlike the cases of PAS and DAP, Umno-BN is facing a disastrous situation now.

Members of Parliament who leap-frogged recently, like members of the State Councils before them, faced personal and financial problems, and a number of them were already being investigated by the MACC (Anti-Corruption Commission).

Besides, they did not look after their constituencies, never voiced the plight of the people or championed their causes. Further, they showed poor performance in Parliament – never or seldom speaking up and participating in debates.

Some Umno top leaders take opportunity of the situation. PM Najib and his wife Rosmah Mansor met almost all of them – including some non-members of Parliament or State Councils who could be used – enticing them with all kinds of reward. We are well-informed that millions of ringgit has been stacked by Najib and his corporate cronies for the purpose of buying MPs and state councilors, especially from KEADILAN.

Najib and other senior leaders of Umno have proclaimed that they would fight against corruption. Instead, they are now indulging in big scale political and financial corruption. Their corrupt acts will certainly make KEADILAN stronger and more consolidated and supported by the people.

Dr Syed Husin Ali
Deputy President, KEADILAN

@ “The Smiling Warrior – Kit Siang” comedy

limkitsiang: At Actors Studio Lot 10 4latest “Kit Siang” Fair game
about 2 hours ago

NoorAzam: RT @limkitsiang: At Actors Studio Lot 10 4latest “Kit Siang” Fair game @sultanmuzaffar
about 2 hours ago

erichph: Hehe, even LKS has a sense of humor RT @limkitsiang: At Actors Studio Lot 10 4latest “Kit Siang” Fair game
about 2 hours ago

carboncopy: Ppl start laughing bfr show starts. RT @limkitsiang: At Actors Studio Lot 10 4latest “Kit Siang” Fair game
about 2 hours ago

orangasle: RT @limkitsiang At Actors Studio Lot 10 4latest “Kit Siang” Fair game (22 tweets 2 #8888)
about 2 hours ago

limkitsiang: @carboncopy enjoyable 90min comedy Monti n Logi at my expense Also impersonation Karpal in “KS n KS” glad 2meet old friend SAlwi n audience
41 minutes ago

limkitsiang: Comedy runs till sat shld ask them 2b my stand-in in future Had impersonated Sami Chua Dr M n KengYaik good clean fun let hair down
32 minutes ago

Are the Kadazan natives the big losers in Sabah?

My visit to Sabah last week has stirred a hornet’s nest.

Today, a Sabah daily carried a report with the headline “IDS boss dismisses Kit Siang’s claim as nonsense – Many KDMs hold key posts” to respond to me, which is reproduced below:

Bernama also has a report, as follows:

March 03, 2010 16:16 PM

Kit Siang’s Claims That Kadazandusun Were Big Losers In Sabah Baseless – Malakun

KOTA KINABALU, March 3 (Bernama) — Sabah Kadazandusun Cultural Association (KDCA) deputy president Datuk Clarence Bongkos Malakun described a recent statement by DAP advisor Lim Kit Siang that Kadazandusun Murut (KDM) community were the biggest losers under Barisan Nasional (BN) in Sabah, as nonsense, baseless and malicious.

He said it was rather amusing for someone who had only stayed for a short duration in Sabah to claim knowledge of the local scenario and thus qualifying himself to comment on local issues which were far from the truth.

Malakun said the BN government in Sabah, under the leadership of Chief Minister Datuk Seri Musa Aman, had been performing excellently, not only on matters concerning physical development but also on matters related to social development, particularly maintaining racial harmony among various ethnics here.

“Indeed the level of tolerance among the various races residing in Sabah has been acknowledged at large, as unique, if not the best,” he said here today.

He said a high level of tolerance was brought about by the fact that everyone knew discrimination based on racial background was not an issue in Sabah.

As a matter of fact, the Chief Minister himself is half KDM. His mother is a Dusun from the Gunsanad family originating from the Sundang and Sodomon family tree.

“As such, this provides more reasons for the Chief Minister to be extra concerned with the well-being of KDM,” he added.

Malakun said a large number of Kadazandusun in Sabah were holding important positions in the government sector.

“In fact, two KDM are holding very important ministerial posts in the Federal Government. KDM are also well represented in the state cabinet.

“Out of the 10 ministries under the state government, four permanent secretary posts are held by the KDM community. In terms of scholarship, ever since under USNO, KDM have been among major recipients of state scholarships,” he said.

Malakun said both the state and Federal governments were continuously taking steps to improve the livelihood of the people in Sabah “no matter who they are”.

“The Sabah Development Corridor (SDC), is one good example of the government’s seriousness in trying to eradicate poverty in Sabah.

“Various programmes are being outlined under the SDC by the government to uplift the living standards of the poor and to bring them out from the poverty cycle,” he said.

Citing agropolitan as a good example of poverty eradication program under the SDC, he said the program was focusing on areas in Tongod, Pitas, Nabawan, Keningau, Kemabong and Beluran.

“These are areas with KDM majority. Looking at these facts, does Kit Siang really has an issue to raise on the KDM in Sabah?,” he asked.

Malakun said it was clear that Kit Siang’s statement was made on purpose to divert attention on major political woes currently faced by the opposition.

– BERNAMA

I offer this blog to the people of Sabah and Malaysia to give their views on this issue – which should be widened to whether the Kadazan natives are the biggest losers in Sabah.

Chua Quits As MCA No.2 To Pave Way For New Party Polls

KUALA LUMPUR, March 4 (Bernama) -- Datuk Seri Dr Chua Soi Lek quit as MCA deputy president on Thursday and asked for fresh party elections within one month to resolve the party crisis.

Announcing his decision at a packed news conference at the party headquarters here he said seven other elected central committee (CC) members had also resigned.

With 13 others having submitted letters to step down before this, it means that 21 or a two-third majority of the 31 elected CC members had quit to enable a fresh round of polls to be held.

Asked whether he had informed party president Datuk Seri Ong Tee Keat of his move, Dr Chua said he had not.

He also asked that the party's annual general meeting, scheduled for this weekend, be postponed.

"This resignation is to fulfil my promise at the extraordinary general meeting last year where I voiced the view that we may need fresh elections to overcome the upheaval in the party.

"What's important is the party and not the leaders or their self-interests," he said.

Chua said that from January until yesterday he had received resignation letters from seven elected CC members.

They were vice-president Datuk Seri Kong Cho Ha, who is Housing and Local Government Minister, Datuk Gan Tian Loo, Dr Por Choo Chor, Datuk Seri Tan Chai Ho, Tee Siew Keong, Datuk Chong Itt Chiew and Loh Seng Kok.

Dr Chua said they would not be attending the CC meeting tomorrow planned in advance of Sunday's AGM and tomorrow's party anniversary celebration as well as the Youth and Wanita meetings.

"We are not going to attend because we have resigned. I call on all the elected CC members to be awar of their responsibilities and rights.

"I said that no leader is more important than the party. That's why I rejected the offer to be chairman of the Star newspaper," he said.

Asked if he will recontest the deputy presidency post or go for another position in the fresh elections, he said he would decide after the party had decided on the nomination and polling dates.

Dr Chua said he had contacted party secretary-general Datuk Wong Foon Meng but the latter was not in his office today.

He said that under clause 41 of the party constitution, the new polls must be held within a month of the 21 elected CC members's resignations.

The 13 who submitted letters of resignation last month included vice-president Datuk Seri Liow Tiong Lai who is Health Minister.

Dr Chua's move is the latest twist in the MCA leadership tussle which hit the party August last year when he was sacked for tarnishing its image because of the sex video.

He was later reinstated as a party member by an extraordinary general meeting which also passed a vote of no confidence in the party president.

Subsequently, he was reinstated as deputy president by the Registrar of Societies, which in turn relegated Liow, who had filled the deputy president's post, back to vice-president.

Dr Chua buried the hatchet with Ong to forge a "greater party unity" plan but continued to face resistance from Liow and his supporters, including Youth chief Datuk Dr Wee Ka Siong and Wanita head Datin Paduka Chew Mee Fun, who continued to push for fresh polls.

Today was the second time that the Johor veteran politician and former health minister had vacated his party post.

On Jan 2, 2008, he quit his Cabinet post and as MCA vice-president after admitting that he was the man in a widely circulated sex video.

Despite that, Dr Chua, 62, remained popular by beating three others, including former secretary-general Datuk Seri Ong Ka Chuan, for the party's second top post.

Penang Forum - two years after March 8 - Anil Netto

The Working Group for the Penang Forum is holding a public forum “Penang Forum 2″ from 9.00am to 5.00pm at the Caring Society Complex along Jalan Utama on Sunday, 7 March.

The Penang Forum is an informal network of some 40 Penang-based NGOs and concerned individuals who came together in April 2008 to chart a possible way forward for Penang.

After the 2008 event, a Penang Forum Declaration was submitted to the state government calling for a new partnership with the Penang people based on the principles of popular participation, transparency, accountability, sustainability and social justice.

The government was also urged to set up mechanisms for civil society groups to meet with the government regularly. This would provide an avenue for these groups to make provide input into policy making, monitor and provide feedback on these policies and help the government to resolve problems and conflicts if required. The NGOs also called for easy access to public facilities such as the Caring Society Complex and Dewan Sri Pinang for their public education activities and other events.

During 2008, working groups were set up to look into the Environment, Heritage, Transport, Women, Youth and Students, Persons with Disabilities, Labour, the Arts, Local Government, Health and Goodwill..These groups came up with recommendations that were presented to the State Government in March 2009. See the Penang Forum website for their reports.

The Pakatan Rakyat has now ruled Penang for two years. What has changed during that period? What has the new Penang State Government achieved or has it lost its way? Are there obstacles we don’t know about? What are the constraints arising from our centralised federal system? What about the budget for Penang? Has the government attempted to improve the quality of life in areas such as public transport and traffic congestion, affordable housing, recreational facilities, accessibility for the disabled, environmental protection and gender equality? What has become of the Local Plan? How has the government responded to calls for local government elections? What about problems faced in Seberang Perai, which the 2008 forum neglected to address? These are some of the issues that will be discussed at the 2010 forum.

The idea behind all this is not simply to organise yet another forum, but to couple this with popular consultation and participation on the issues that matter. In this regard, the future direction of Penang is not only dependent on lobbying the government of the day but in seizing the opportunity to outline and promote a vision of the Penang we desire.

Hence, we invite all Penangites to participate, share their views and make suggestions to realise this vision for Penang. Those interested should contact 04-6585251 or aliran@streamyx.com to register. (Registration fee is RM10, senior citizens and students, RM5.)

The Working Group for the Penang Forum 2 is drawn from representatives of the following groups: Aliran, Jerit Penang, Malaysian Nature Society, Penang Heritage Trust, Penang Transport Council, Persatuan Orang Cacat Anggota Malaysia (Pocam), Sustainable Independent Living and Access (Sila), Suaram Penang and Women’s Centre for Change. Representatives of more Penang-based NGOs are expected to be present at the event proper on 7 March.

The Penang Forum Working Group

Programme

Penang Forum 2: Has Anything Changed After 2 Years?

Sunday, 7 March 2010, Kompleks Masyarakat Penyayang,
Organiser: Penang Forum Working Group

8.15-9.00am – Registration

9.00-9.10am – Welcome

9.10–10.40am – Overview of the Challenges

Chair: Ahmad Chik

Federal-State relations: Francis Loh
Budget and Economy: Lim Mah Hui
What has been Achieved: Lim Kah Cheng
Missed Opportunities: Anil Netto
Open Discussion (30 mins)

10.45-11.15am – Coffee Break

11.15-11.45am – The Penang Forum Experience: James Lochhead

Chair: Loh-Lim Lin Lee Open Discussion (15 mins)

11.45-12.30pm – Transport: A Case Study: Ahmad Chik

Chair: Laurence Loh Open Discussion (30 mins)

12.30-2.00pm – Lunch

2.00-3.00pm – Seberang Prai Issues

Chair: Kris Khaira

Housing and Flooding: Sarajun Hoda
Environment and Youth: (to be confirmed)
Development and Labour: T Jayabalan
Open Discussion (20 mins)

3.00- 4.00pm – Local Democracy & Local Plan: Peoples’ Involvement

Chair: Loh CK

Opportunities for Local Democracy: Lim Kah Cheng
Examples of Local Democracy in Selangor: Ong Jing Cheng
The Penang Local Plan: Goh Ban Lee
Open Discussion (20 mins)

4.00-5.00pm – Moving forward

Facilitators: Soon Chuan Yean and Prema Devaraj

Group Discussion (30 mins)
Open Discussion (30 mins)

5.00pm Tea and Close