'Torturers' sought as witnesses in airman's trial

( Malaysiakini) Ex-airman N Tharmendran's lawyers have applied in the Shah Alam High Court to summon the two majors, who had allegedly tortured him, as witnesses.

N Surendran, Tharmendran's lead counsel, said the application was made yesterday and they hope it will be heard in the High Court tomorrow.

“I will raise it (application) with the judge tomorrow, and hopefully it will be heard with our application to dispose of Tharmendran's case,” he said when contacted today.

Tharmendran had earlier claimed that he was tortured while being detained by military intelligence officers, in connection with the theft of two RMAF jet engines.

He is jointly charged with Rajandran Prasad Kusy with the theft of the engines at the air movement section of the Subang air force base some time in December 2007.

If found guilty under Section 380 of the Penal Code, he could be sentenced to 10 years' jail.

He faces a second charge of abetment under Section 109 of the Penal Code for collaborating with senior airman Mohamad Shukri Mohamad Yusop in the theft of the engines from the Sungai Besi airforce base.

Meanwhile, the Shah Alam High Court is expected to decide on his application to dispose of his case tomorrow morning.

Tharmendran's lawyers had in July filed an application to strike out his case on the grounds that it is an abuse of the court process and frivolous.

Malay students bully and assault Indian students. Zero police action.

This Sg. Petani incident where even the student’s mother’s dress was torn and a stove thrown at his sister is just the tip of the iceberg.
(See MO 24/8/10 at page 2 and MN 24/8/10 at page 10)
Karunai Nithi @ Compassionate Justice

France's Carrefour retreats from Malaysia: govt

KUALA LUMPUR : French retail giant Carrefour plans to sell its business in Malaysia, a minister said, amid speculation the firm will also offload its Singapore and Thai stores and exit Southeast Asia altogether.

"We heard that Carrefour is considering divesting. It is for the purpose of rationalisation of their overseas business," deputy trade minister Mukhriz Mahathir told AFP late Monday.

"They want to sell their business (in Malaysia)," he said, adding that "other hypermarkets are keen to take over" Carrefour's 23 stores in the country.

"There are many suitors," he said.

Low Ngai Yuen, Carrefour's marketing and communications director, declined to respond to the comments.

Yeah Kim Leng, group chief economist with financial research firm RAM Holdings, said Carrefour's impending departure from Southeast Asia had been well flagged.

"The news has been around for some time. It is an open secret that Carrefour wants to pull out from Malaysia, Thailand and Singapore. They have put feelers out to the industry on their plan," he said.

Yeah said Carrefour wanted to consolidate its business and move its resources to the booming Indian market.

"It is not surprising for them to move to India. The middle class segment is a large expanding group," he said.

The New Straits Times newspaper last month reported that Carrefour had put a tag of 1.0 billion dollars collectively on its business in Malaysia, Singapore and Thailand.

Yeah said the growth of the hypermarket industry in Malaysia was not spectacular compared to the opportunities presented by the fast-growing Indian market but that it remained profitable.

"The hypermarket industry in Malaysia is dynamic and very competitive," he said.

"Given the growth potential in the region, we will likely see other players buying Carrefour. Players that exit will be able to find suitors."

Other players in the Malaysian market who are possible buyers of the Carrefour outlets include Britain's Tesco, Japan's Jusco, and Giant, which is owned by the Dairy Farm group. - AFP/fa

Unite or lose country, Dr M tells Malays

KUALA LUMPUR, Aug 24 – Tun Dr Mahathir Mohamad today warned the Malay community that they risked losing political control of the country if they remained disunited, pointing to the fate of Muslims in the Middle East.

The former prime minister said Malays ruled because they were in the majority but said infighting would lead them to slowly cede power to non-Muslims, who may not have their best interests at heart.

“Before, we only talked about the problems of the Muslims in the Middle East, but now the Muslims in Malaysia, too, are facing a great challenge.

“If we are divided, we lose our majority power,” he said, referring to how the Malay support was split three ways between Umno, PAS and Keadilan.

“In an apparent reference to the opposition-led Selangor state government, Dr Mahathir (picture) said there was already an example of a Muslim mentri besar who took orders from a minority-dominated state assembly.

“He’s forced to bend to their will to the point where it’s as though he no longer cares about his race and religion,” he said, before breaking fast at Felda D’saji here with the Muslim Welfare Organisation Malaysia (Perkim).

He added that it was not unlikely that the country could end up the same way if Malays kept eroding their demographic clout by bickering among themselves.

“Other parties have the opportunity to use this bad blood between Muslims to strengthen their position and even seize power,” he said, citing historical examples of how foreign powers managed to take over Malaysia with ease.

“Maybe one day the Friday sermon will feature the name of a non-Muslim head of state.”

The former Umno president gave the example of Penang chief minister Lim Guan Eng’s name being used in sermons to show what the future held for Malays if they gave up power to non-Muslims, saying he believed sermons in mosques should cite the name of a Muslim head of state.

“I’m not a racist who wants to incite Muslim hatred towards non-Muslims but we have certain rights that other parties must respect.

“And respect only comes if we are strong and in power.”

Dr Mahathir also hit out at Malays who were willing to sell out their race to non-Muslims for political gain.

“Nowadays, we are willing to sell ourselves to anyone so long as we get some personal benefit,” he said.

Without naming PAS, he chastised the Islamist group for refusing to engage in Malay unity talks with Umno and choosing instead to team up with DAP.

“They’d rather make foes of other Muslims than those who see Islam as the enemy and have stated clearly that they reject any effort to make Malaysia an Islamic state,” he said.

“Those who used to say Muslims who cooperate with non-Muslims are kafir... are now doing the same thing.” - The Malaysian Insider

Khairy: BN Youth wants minimum wage policy

By G Vinod and Fazy Sahir - Free Malaysia Today

KUALA LUMPUR: Barisan Nasional Youth chief Khairy Jamaluddin has called upon the government to introduce a minimum wage policy to assist those below the poverty line.

“We came to know that 34% of the 1.3 million Malaysian workforce earns less than RM700 a month. How are we to attain high-income economy status when these people can't even pay for their basic needs?” he asked.

On Aug 5, Human Resources Minister Dr S Subramaniam said the government was currently mulling introducing a minimum wage policy as it realised that wages have not increased over the years.

The proposed minimum wage would not only cover local workers but also foreign workers employed in the country.

Speaking at a press conference at Putra World Trade Centre here, Khairy said the government could no longer allow market forces to dictate wages as the government had a moral obligation to address the low income workers.

“Our inflation rate has soared but our income level does not commensurate with the rising cost of living. For example, we found out that a multinational company down south is offering workers with SPM qualification a salary of RM540 monthly. How are they to sustain themselves with that salary?” he asked.

Khairy said BN Youth would call for a forum soon to discuss the matter together with the

Malaysian Trade Union Congress (MTUC) and Cuepacs.

“We will hold this forum soon to deliberate on the matter and we will submit our resolution to the government,” he said.

Asked whether BN Youth would be calling for a national minimum wage or a sectorial-based minimum wage, he said that the wage mode would also be discussed during the forum.

“At the end of the day, it should be fair to all sectors and I hope the minimum wage policy can be introduced before the New Economic Model kickstarts in October,” he said.

MIC Youth chief T Mohan, who was also present, said that they are currently looking at the possibility of RM900 as minimum wage rate.

In another development, Khairy disagreed with calls by certain Malay groups for vernacular schools in Malaysia to be abolished.

“The setting up of vernacular schools was agreed to by our founding fathers and their existence is protected by our constitution,” he said.

On Aug 22, the Malay Consultative Council (MPM) called on the government to abolish Tamil and Chinese vernacular schools

They said the different types of schooling systems could cause racial misunderstandings among the people.

Khairy said what was more important was to improve the quality of education.

The struggle to become colour-blind

These colour-blind people appear to be facing a lot of problems in their own party. First it was Khalid. Then Zaid. And now Ronnie too appears to be facing the prospect of getting killed off by his own party.

NO HOLDS BARRED

Raja Petra Kamarudin

The Nut Graph came out with a very interesting piece called Uncommon Sense with Wong Chin Huat: Spotlight on DAP. The article starts of by saying:

THE media spotlight has turned to the DAP in recent weeks over the party’s sacking of Tee Boon Hock, Selangor executive councillor Ronnie Liu‘s special assistant. Tee had allegedly issued letters of recommendation using Liu’s official letterhead and seal to help family members secure contracts. Liu was severely reprimanded by a DAP disciplinary committee for the incident.

Meanwhile, Selangor speaker Teng Chang Khim faced disciplinary proceedings due to his “OMG, the real culprit is freed” tweet. Teng told the disciplinary committee he was tweeting about a movie character and not about Liu and Tee.

The Nut Graph asks political scientist Wong Chin Huat how he thinks the DAP’s leadership performed in these events, and what the DAP‘s democratic health is like as a whole.

You can read the rest of the piece here: http://www.thenutgraph.com/uncommon-sense-with-wong-chin-huat-spotlight-on-dap/

There are not many in the opposition who has managed to breach the racial-religious barrier. One who comes to mind is the PAS MP for Shah Alam, Khalid Samad.

PAS is a difficult party for the non-Muslims to accept. This is mainly because of the party’s stand on Islamic laws or Hudud, which the non-Muslims oppose. Understandably, what has been happening in many Muslim countries, especially since the 1979 Islamic Revolution in Iran, causes non-Muslims to become very suspicious of Islamic laws.

Khalid, however, has been able to reach out to the non-Muslims and most non-Muslims have no problem accepting and trusting this PAS MP. Maybe because Khalid demonstrates sincerity helps somewhat. He appears to be honest in what he says and does and he does not give the perception that he just cakap politik or is playing to the gallery.

I would even go so far as to say if Khalid were to contest in a predominantly non-Muslim constituency he would still win in spite of the PAS ‘baggage’ he is carrying.

But there are those in PAS who are not too comfortable with his colour-blind image and they want to bring him down, especially those in PAS Selangor, Khalid’s home state. Whether these people feel he is too popular with the non-Muslims and fear he might one day make a bid for a higher position in the party or whether they feel he is too ‘compromising’ to the non-Muslims I really do not know. But whatever it may be there are moves to topple him and to send him into retirement.

Such is the fate of those in PAS who try to be colour-blind. Their own party kills them off.

PKR is already a colour-blind party but there are some who are more colour-blind than others. One such person who comes to mind is Zaid Ibrahim. But then, because he is too colour-blind, this too has been used against him and there are allegations that he is not Islamic enough in his conduct.

What degree of colour-blind should he be then? If he talks too much about the Malay or Muslim agenda then he would be called a racist or chauvinist. But when he discards the Malay or Muslim agenda totally then he is called a traitor to the Malay race, or worse, a religious deviant.

You can never win.

Gobalakrishnan, also from PKR, is another I would label as colour-blind. He has greater support from the non-Indians than from his fellow Indians. Many Indians, in fact, have told me that they reject Gobala. But when he goes to places like Kelantan he is well received by the Malays there. I know for a fact that Tok Guru Nik Aziz will insist that Gobala sits beside him during ceramahs.

It appears like Nik Aziz loves Gobala more than those from the Indian community. Gobala is ‘struggling’ in PKR and can’t seem to get support from his own party, in particular the Indians. I suspect if Gobala were to join PAS and contest in Kelantan he would do better there.

Ronnie Liu from the DAP is probably another non-Muslim who can contest in a Malay constituency and still win.

I remember before the March 2008 general election there was a dilemma as to where Ronnie should contest. I spoke to some PAS supporters in Bangi and asked them whether they have any problem supporting a DAP candidate. They told me that Bangi is a Malay majority area and there was no way a DAP candidate could win. I then told them that the candidate may be Ronnie and they were pleased.

The PAS supporters offered to organise ceramahs and meet-the-voters sessions for Ronnie. They even set the dates but I told them to hold on because nothing had been decided yet. When it was finally decided that Ronnie would be contesting in Pandamaran instead, the PAS supporters were quite disappointed.

Gobind Singh Deo is another non-Malay whom the Muslims love. When we heard he was going to contest in Johor we went to see him to persuade him to forget about Johor and contest in Selangor instead. Gobind said that PAS wants the Puchong seat so that may be a problem -- there are no seats available in Selangor.

Initially, PAS wanted to contest in Puchong and if DAP took that seat then there would be a three-corner fight like in the previous election. And that means both opposition candidates would lose. But when they were told that DAP would be fielding Gobind, PAS gave way and handed the seat to DAP.

PAS did not surrender the seat to DAP. They surrendered it to Gobind. That is how strong Gobind’s support is amongst the Muslims. And Gobind won with a significant Malay vote.

Of course, there are still some problems in the opposition, especially on matters involving Islam. But there are some individuals who are able to overcome the race-religion barrier that is very much a culture of Malaysian politics. However, these colour-blind people appear to be facing a lot of problems in their own party. First it was Khalid. Then Zaid. And now Ronnie too appears to be facing the prospect of getting killed off by his own party.

There are many professionals and civil society movement activists who refuse to join any existing political party because they regard these parties as not being colour-blind enough. Maybe one day we shall see a new party emerge, set up by those who want to see the birth of a true-blue anak bangsa Malaysia, a bangsa or race that is colour-blind.

If that does materialise, maybe those from both Barisan Nasional and Pakatan Rakyat who feel that Malaysia is ready for politik baru or new politics, politics that is colour-blind, should reconsider their political future within this new third force.

IS MERITOCRACY RACIST?

1. In 1964 Malaysia held its first elections. The Tunku had an understanding with the Chief Minister of Singapore, Mr Lee Kwan Yew that the PAP (People's Action Party) would contest only in Singapore and would stay out of the rest of Malaysia. It was really not a smart kind of agreement. It was not put on paper at all. Only an understanding between two leaders.

2. It was not surprising that the PAP decided to contest in the peninsular. Lee had expected the Malaysian Chinese who had been represented in the Government only by the MCA could be persuaded to support him. If he defeated the MCA then the Tunku would replace the MCA with the PAP in the Alliance.

3. The PAP is a Chinese party largely. But it had always projected itself as non-racial. To win in Malaysia he had to appeal to Chinese chauvinism. However he could not do this openly.

4. Being the astute politician that he is, Lee came up with a slogan which did not sound chauvinistic but which played up Chinese sentiments to the core. The slogan was "Malaysian Malaysia".

5. While appearing to be appealing for all Malaysians the slogan was clearly suggesting that there was no equality between the Chinese and the Malays. He and his party was made out to be fighting for equality between the Chinese and the Malays, whereas the MCA represented only the Chinese towkays.

6. The Malays were alarmed at the prospect of the Peninsular Chinese combining with Singapore, Sabah and Sarawak Chinese to outnumber them. Split as they were between PAS and UMNO, their chances of continuing to dominate Malaysian politics was at risk.

7. Strangely the PAP bid failed against the MCA. But the Tunku was shocked and decided that Singapore's inclusion in Malaysia posed great danger. One year after the election Singapore was expelled. But the PAP chauvinistic legacy was taken up by the DAP. And the slogan "Malaysian Malaysia" continued to figure in Malaysian politics, evolving into a new catchword, "Meritocracy". If "Malaysian Malaysia" conjures equality between races, "Meritocracy" implies something stronger. It implies dominance by the race with the greatest merit in every field; in education, in business and in all fields of human endeavour.

8. When the Malays, understanding the implications, protest against meritocracy, they were condemned as racists. Faced with being labelled as such, most Malays dared not support even the NEP. Some, perhaps due to mistaken pride have begun to support meritocracy, undermining the Malay position further.

9. Today we see a lot of Malay NGOs trying to defend the Malay position. Invariably they have been labelled racists. The unfortunate truth is that those who labelled them are equally racists because of their advocacy of meritocracy.

10. It is the same with political party which appeal on the basis of the religion of Islam. In Malaysia the Malays are all Muslims. There are quite a large number of Indian Muslims in Malaysia but they do not figure in the political party said to be Islamic. The party, by using Islam, knows full well they are appealing to Malays almost exclusively. But the intention is not to defend the Malays but merely to gain their support. One can say they are not Malay racists. Rather they are Malay political opportunists.

11. That is why they find no difficulty in switching tactics in order to win the support of the non-Malays. Where before they condemn UMNO for working with non-Muslims, today their co-operation with non-Muslims knows no bounds.

12. The difference between UMNO and the other parties is that UMNO is openly partisan, not hiding its concern for the well-being of the Malays. Unfortunately because of mismanagement it has become weak. That is why today we have Perkasa and other Malay NGOs who are as openly concerned about the Malays as the UMNO once was. The condemnation by those said to be advocating meritocracy is because they see the racism of the meritocrats, just as the Malays of 1964 saw the racism of "Malaysian Malaysia".

13. What we are seeing today is not a campaign against racism but a campaign by racists against racists. The meritocrats are as much racists as the Malay NGOs, and Perkasa.

14. Incidentally by writing this I know the meritocrat racists will condemn me as racist. So be it.

Putting a stop to baby dumping

By Deborah Loh | 24 August 2010 |  The Nut Graph,

Stop pornography

“Youth today can easily have access to such material online, even through their mobile phones.”

Federal CID director Comm Datuk Seri Bakri Zinin, on the link between pornography and baby dumping. He said widespread access to porn and weakened family ties have caused an increase in cases since 2005, which numbered 472 as of August 2010. He said more than half the babies in these cases were found dead.
Women’s Aid Organisation executive director Ivy Josiah disagreed with Bakri, saying there was no proven correlation. Rather, the problem was more that women were unable to get their male partners to use contraceptives. (Source: Porn a major reason behind baby dumping, say cops, The Star, 17 Aug 2010)
Stop couples from riding the same vehicle together

“… we want to prevent [incidences]. It’s better [to prevent such incidences] before such things as baby dumping occur.”
“… it’s not that they are not allowed completely to be on motorcycles together. If there are things to attend to, then there’s nothing wrong.”
“If it’s just for dinner, then there’s no problem. But if dinner’s over and they’re still together alone in a car, then that is not right.”

Mazlan Mohamad, director of the Tengku Ampuan Afzan Teachers’ Training Institute in Kuantan, Pahang, on a circular that prohibits trainee teachers of the opposite sex from riding together on motorbikes or in cars on or outside campus. He did not consider the measure extreme as students had not complained.
He also said teacher trainees frequently left the campus in pairs, and that this might affect the sensitivities of residents in the surrounding community who had a different level of “tolerance” for such things.
Trainees caught would not be punished, however, but given counseling, Mazlan added. (Source: College bars couples from riding motorbikes, cars, Malaysiakini, 17 Aug 2010)
Stop New Year’s Day and Valentine’s Day celebrations

“Kita lihat banyak kes kelahiran berlaku pada bulan Ogos dan September, ini menunjukkan hubungan tersebut dilakukan pada sambutan Tahun Baru sebab itu kita lihat banyak kes pembuangan bayi berlaku dalam dua bulan ini.
“Dalam Islam sambutan Hari Kekasih tidak digalakkan tapi kalau nak buat kenduri itu tidak mengapa tetapi tidak hubungan terlarang.
“Jadi ini yang menjadi masalah apabila media seolah-olah menggalakkan sambutan Hari Kekasih dalam akhbar-akhbar tempatan.”

PAS Youth deputy chief Azman Shapawi, on New Year’s and Valentine’s Day celebrations as possible causes of baby dumping because these events allowed free mixing between the sexes. He said the topic would be discussed at a roundtable on solutions to illicit sex, rape and abandoned babies, which PAS Youth was organising on 22 Aug 2010. (Source: PAS dakwa sambutan Hari Kekasih, Tahun Baru antara punca buang bayi, The Malaysian Insider, 18 Aug 2010).
Criminalise baby dumping as an act of murder

“The Cabinet has decided that the Home Ministry through the police, investigate these cases as murder when a baby dies.”

Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, on her ministry’s proposal to the cabinet. She said the cabinet agreed that drastic steps had to be taken to stop baby dumping.
Police will be asked to investigate, under Section 302 of the Penal Code, abandoned babies which have died. Under Section 302, the punishment for murder is death. Currently, baby dumping is investigated under other sections or under the Child Act for abandonment, concealment of birth by secret disposal of body, and infanticide, which stipulate jail terms and fines upon conviction.
Reactions to the cabinet decision have been negative, with some saying that capital punishment would not be a deterrent, and that sex education, counselling and support would be more effective. Prime Minister Datuk Seri Najib Razak said not all cases would be classified as murder, depending on police investigations. (Source: Murder charge for baby dumpers, The Star, 13 Aug 2010)

“Although it would take a long time and a lot of money to set up, a DNA bank remains the best solution to the baby-dumping menace.”

Selangor police chief Deputy Comm Datuk Khalid Abu Bakar, suggesting the usefulness of a DNA database to trace the parents of abandoned babies. He said many baby-dumping cases and other crimes remained unresolved because of a lack of information. (Source: CPO: DNA bank the answer to baby dumping, The Star, 22 Aug 2010)
Why not stop the stigma — provide baby care, sex education and safe haven laws — instead?

“Criminalising abandonment encourages someone, already in a terrible situation, to make a worse decision to hide a baby.
“The classical fiqh does not try to legislate against promiscuity post facto, knowing that any such activity would harm the baby. In order to save the baby’s life, there can be no criminalisation of abandonment.
“There must be a safe and anonymous way a parent can hand over a baby to the care of someone else.”

International Institute of Advanced Islamic Studies (IAIS) Malaysia principal research fellow Dr Eric Winkel, on the classical position in Islamic jurisprudence or fiqh, which emphasises saving a baby’s life. Winkel argued that a child was at greater risk if baby dumping was criminalised.
He added that the desire to punish promiscuity must be a separate matter from ensuring the baby’s safety. His article also highlighted a few “baby hatch” programmes which have saved thousands of lives in various countries, including conservative societies. Youths should also be taught to “develop their own filters” to make good decisions and navigate the modern world with all its sexually charged messages, Winkel said. (Source: Focus on saving the life of the foundling, New Straits Times, 18 Aug 2010)

“Government can consider enacting a law to allow a parent to confidentially surrender a baby to any hospital emergency room or any designated place. The parent should also not be arrested or prosecuted.”

Wanita Gerakan deputy chief Ng Siew Lai, urging the cabinet to consider ways to help unmarried mothers instead of punishing them. Ng noted that the US had such laws in response to the problem of unwanted pregnancies.
She also said the women’s wing disagreed with the cabinet’s decision that baby-dumping cases be investigated as murder. Instead, counselling, rehabilitation, and sex education were better solutions. (Source: Baby Dumping: Help and Not Punish the Mothers, Wanita Gerakan press statement, 19 Aug 2010)

Cakap Cakap Mahathir

By Hussein Abdul Hamid

Every time I go on the Net to see what is going on in KL -without fail – I will come across this Mahathir’s name! An article about him, an article by him, something he said, something he did not say, and something he was going to say.

Why has not this Mahathir got the grace to understand that he is no longer Crime Minister?… …sorry that should have been Prime Minister! This Mahathir must really have a thick skin. Anybody else would have just crawled into a dark hole somewhere and hide. Tak malu ka? How much more money do you want? Pension not enough? Your children not giving you enough pocket money? Isn’t Petronas paying for the petrol you use? I do not want to demonise you but really Tun enough is enough!

In your good old days people like Ibrahim Ali would not even get through your first layer of Setia Usahas. And yet these days you are the best of buddies.

For the love of God, Tun jaga standard sikit lah! Even your children will not be seen dead with this Ibrahim Ali…jatuh standard lah Tun!

Just stop to think what it is that you are doing (and have done to us Malaysians). I am not going to go into nepotism, money politics or abuse of power – I am just trying to understand how a person that considers himself to be the greatest PM Malaysia has ever had can now do what you do. And what you do is to bring yourself down to a level where people like me – an old man in Adelaide – can have you in my sight and fire away at you. Call you whatever name I want, expose whatever wrong doings you have done while in office and do so without any qualms.

I do not do so with Daim..nor with Lim Chong Eu…nor with Pak Lah…you are fair game because you put yourself right square in our sights. And if you think you do so because you can take anything that we throw at you and give back as good as you get…think of this:

A democratic victory for the people is when BN is faced with the real possibility of losing a General Election.

And that Tun has already happened under your watch – under the people you picked and choose as your team, as your people as your successor. So it has already happened and you Tun made it happen. All your choices of people to manage UMNO during or after your time were failures. And it all comes back to you. That you have already bankrupted Malaysia is a given fact. That you have caused untold misery and hardship for so many people by your non- judicious use of the ISA is also a given fact. That the IPP’s agreements, the Tolls Agreements, the Privatisation process – and so many other initiatives undertaken under your watch are greatly flawed and lopsided in favour of your chosen cohorts and friends is also a given fact.

So what is left Tun? You are trying to right a wrong? Trying to correct a mistake. Trying to make up for the mistakes you have done? Trying to make back for our country all the monies you have given away or lost through your time as Prime Minister?

Let me tell you this TUN – there will not be enough time to do that even if your grandchildren were to start now to do so. The damage done to our economy, the losses sustained by the country and the restructuring you did of the various races in the country people cannot be corrected within our lifetime – or that of our children.

As for UMNO: it is done Tun. Common sense tells me that you would never have chosen Najib as Prime Minister. Why? He has no balls. No substance. No guts. He is not PM material and you are practical enough not to pick him even if he did deliver the decisive support you needed in your fight against Musa and Ku Li.

No Najib will never be you choice. Nor, now it seems was Pak Lah. So who? Your son….please don’t play play lah!

And so now you are watching the closure of UMNO in the history of our country.

Please God – give you long life so that you will see a PR government take office at Putrajaya and a PR Perdana Menteri move into Sri Perdana…because TUN, that will be the deepest cut of them all.

There must be some degree of decency in politics

by P Ramakrishnan

There must be some degree of decency in politics.

Why are the police taking such a long time to complete their investigation into the serious allegation that the name of His Majesty, the Yang di Pertuan Agong, had been substituted with the name of the Chief Minister, Lim Guan Eng, during the Friday sermon in certain mosques?

That is the question that is bothering Penangites.

This allegation has the potential to disrupt the harmony and unity that we enjoy in Penang. This controversy has been deliberately hatched to create political turmoil and destroy our peace. It can have terrible repercussions that will affect the existing goodwill among the various communities.

When there is so much to lose, why is there no urgency to bring the mischief-makers to book immediately? What is causing the delay and what is the problem facing the police?

None other than Defence Minister, Datuk Seri Ahmad Zahid Hamidi, who is also the Penang Umno chief, revealed that some mosques had dropped the Agong’s name in the Friday sermon in favour of Lim Guan Eng.

The police should be able to get Zahid Hamidi to provide details as to where this took place. This would be one good lead for the police.

According to Home Minister Hishammuddin Hussein, the police had received three reports over this matter. Those who made the reports are in a position to provide specific and definite details regarding the place and time where this took place. This would be another lead for the police.

The congregation who attended the Friday sermon where this allegedly took place would be the witnesses to confirm what actually transpired. This would be yet another lead for the police.

With so much information available and so many leads to follow, why haven’t the police swung into action as a matter of urgency and arrested the culprit who had committed this sacrilege? This issue must be in their priority list.

The longer the delay, the more dangerous this controversy becomes. What the inventors of this lie have done is to create racial and religious strife for their political purpose. What the perpetrators of this lie hope to do is to pit the Malays against the non-Malays. This is something that we cannot tolerate. This is something that we must condemn without any reservation.

There is also the attempt to implicate Lim Guan Eng as having had a hand in the substitution of his name for the Agong. This is a despicable lie. Common sense must dictate that Lim Guan Eng has no say in the preparation of any Muslim sermon.

It has been reiterated that the text of the sermon was prepared by the Penang Islamic Affairs Department (JAIPP) – as is the practice – and distributed to all the mosques in the form of booklets.

It has been confirmed that Lim Guan Eng’s name was never in the text. It has also been reaffirmed that there was no directive from the state government, JAIPP or the Chief Minister himself to mention the Chief Minister’s name in the sermon.

According to Penang Deputy Chief Minister Datuk Mansor Othman, no prayer leader has admitted to swapping the Agong’s name with Lim Guan Eng in the sermon.

How then did this lie swirl round creating so much confusion and anger among those who believed this lie? Who was responsible for deliberately concocting this terrible lie?

This is why the police must nail the lie. This is why the liars must be apprehended and dealt with severely. There must be no mercy shown to these perverts who subvert the truth.

The Umno-owned Utusan is peddling this lie without any tinge of conscience and beating the war drum to whip up racial tension in Penang . It screamed in the front page that Lim Guan Eng’s name had been substituted for the Agong’s name as if this is the irrefutable truth.

Shamelessly it promoted a lie without establishing the truth. Its conduct went against the ethics of honest journalism and disgraced its profession by departing from the truth and sensationalising a blatant lie. If Umno had a hand in this, it must realise that it has lost the middle ground. It comes across as a party caught in a time warp that is alien to the present times. It is churning out the usual out-dated racial mantra that is no longer working.

Thinking Malaysians no longer believe the Umno spin masters. They are aware that this is a political ploy to unsettle the Penang State Government. They realise that this is nothing but foul, gutter politics.

There must be some degree of decency in politics. Otherwise we make a mockery of our Rukun Negara.

Name Of Nation's Muslim Leader Must Be Mentioned In Friday Sermon, Says Dr M

KUALA LUMPUR, Aug 24 (Bernama) -- The name of the nation's Muslim leader must be mentioned in Friday sermons in mosques because Islam is the official religion of the country, said former prime minister Tun Dr Mahathir Mohamed.

He said Muslims in the country were now faced with their biggest challenge because of disunity among themselves, which might cause them to lose power in their own country.

"I am not being racist in raising the anger among Muslims about this but there are our rights that should be respected by others. Respect will be there only if we are in power.

"Today, although Islam calls us to be united, we are split, and it might reach a level where we might lose power," he said at the Muslim Welfare Organisation of Malaysia's (Perkim's) breaking-of-the-fast and presentation of excellence awards function, here Tuesday.

He was referring to the recent incident where the name of Penang Chief Minister Lim Guan Eng was mentioned in a Friday sermon in some mosques in Penang but the name of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin was dropped.

Dr Mahathir, who is also Perkim president, reminded Muslims to rethink their responsibilities to the religion even if their responsibilities to race were no longer a priority.

He said that although Muslims were the majority in the country, it was not impossible for Islam to lose its status as the official religion if solidarity among Muslims continued to weaken.

"When we (Muslims) quarrel among ourselves, others will use the opportunity to gain the upperhand, maybe even assume power in the country.

"Don't think one day it will not be possible for Friday sermons to be mentioning the name of a non-Muslim leader because they are in power and we are weak," he added.

The awards were presented to four of Perkim's clubs at local universities.

Proses mengecat surau telah bermula

By Chegu Bard,

Pagi ini wakil kami, SAMM telah berhubung dengan wakil jawatankuasa Suaru Taman Pulai Impian Sikamat. Proses pembersihan telah bermula sejak semalam. Pagi ini cat 'undercoat' putih telah pun disapu. Kerja ini dilakukan oleh kontraktor yang dilantik jawatankuasa surau dan dibayar menggunakan wang kutipan derma orang ramai.

Menurut wakil yang dihantar, mereka menghargai usaha perbagai pihak termasuk SAMM yang hadir dan cuba membantu tetapi tindakan segera melantik kontraktor dilakukan untuk elak rasa kurang selesa timbul jika kerosakan terbiar begitu lama. Tahniah atas usaha pantas juga kepada jawatankuasa surau.

Sehubungan dengan itu wang yang SAMM sudah 'asingkan' untuk membeli cat dan peralatan mengecat disumbangkan kepada tabung surau tersebut.

Menurut maklumat Surau Taman Pulai Impian, Sikamat ini juga dibina atas inisiatif penduduk dengan hasil kutipan derma bukan peruntukan khusus.

cheGuBard dan YB Taufek InsyaAllah akan solat Asar di surau berkenaan dan bertemu dengan Jawatankuasa Surau tersebut.

Porntip in Crime Scene Bangkok

National Geographic Channel features Thai forensic pathologist Porntip Rojanasunand’s role in the investigation of the sudden death of a Thai parliamentarian.

Zaid: Stop the attacks on Nurul Izzah

By Teoh El Sen - Free Malaysia Today

PETALING JAYA: Former law minister and PKR supreme council member Zaid Ibrahim lambasted Defence Minister Ahmad Zahid Hamidi and Home Minister Hishammuddin Hussein for 'attacking' Lembah Pantai MP Nurul Izzah Anwar for her comments in Indonesian newspaper, Kompas.

Zaid, in his blog post, said Nurul has become a target after what she said about the nations economy and the controversial purchase of submarines in the interview with the publication.

He said both the senior cabinet ministers should instead focus on important national policies such as the New Economic Model or the alarming frequency of racist incidents lately.

"They should talk about why so many Felda settlers are taking Felda to court. Or they could also explain the process of appointment principals in schools of the country.

"Or they can even explain how disgusting racist and facist opinions could still be tolerated without any action taken against them," said Zaid.

Zaid said both ministers claimed Nurul has tarnished the image of the country and a police report was even made by "those with nothing else better to do".

He said Nurul was only commenting about the government but not the country.

'Rakyat knows the difference'

"In other words, the comments and opinion of Nurul must be in praise of the Barisan Nasional government, and only then it is considered as praising the name of the country.

"When she criticises and questions the government and its decision, it means she has tarnished the good name of the nation," he said.

Zaid said such narrow-minded thinking and logic of not knowing the difference between country and government is the cause of all problems.

"This is why the rakyat's money is been used as if it is BN's money. Public institutions like the Elections Commission and the police are also used by them as if it it was BN's right.

"This country belongs to all Malaysians irrespective of political alignment. Anyone, including Nurul, can discuss and criticise policies and the buying of submarines.

"What has that got to do with the nation's dignity? Only the dignity of BN has been tarnished with those criticisms," said Zaid.

Zaid said anyone can give their views about the shortcomings and weaknesses of BN policies, whether locally or abroad.

"Zahid Hamidi and Hishammuddin will try to avoid these issues by using our 'country' as their defence, but the rakyat knows the difference between the country and the BN," he added.

Praying for solution to conversion dilemma

( Malaysiakini) Two women seen in the eyes of the law as Muslims but who consider themselves as Hindus took part in the Timithi Vizla (annual fire walking ceremony) at the Sri Muthu Mariamman Kovil temple in Parit Buntar last Friday.

According to Parit Buntar district Human Rights Party Malaysia (HRP) chief M Sivakumar, S Banggarma (left), 28, (Muslim name Siti Hasnah Vangarama Abdullah) had carried the milk pot for a kilometre from Muneesuarar temple to the Sri Muthu Mariamman temple praying for a swift solution to her conversion dilemma.

Rani @ Jamillah Abdul Kadir, 46, also attended the temple function asking for the same favour.

At the religious function, the HRP also went on a signature campaign to highlight the plight of four women trapped in a religious twilight zone.

Besides Banggarma and Rani, M Indira Gandhi and Regina Mohd Zaini, are also attempting to seek royal intervention to solve their conversion dilemmas.

They have exhausted their legal avenues including the religious departments, courts, registration departments and the police.

Their last resort is to appeal for royal intervention from the Sultans of Perak, Johor and the Agong who are heads of Islamic matters in the country.

Their contention is that they have the right to freedom of religion as enshrined in Article 11 of the federal constitution.

Indira is from Ipoh and Banggarma is from Tanjong Piandang, while Rani is from Malacca and Regina from Johore.

According to Perak HRP chief P Ramesh, these four are members of his party, which has collected about 5,000 signatures in support of them.

HRP will present the first memorandum of appeal to Sultan Azlan Shah at Istana Kinta in Ipoh on Sunday at 11am.

They will then approach the Johor Sultan on the case of Regina, followed by the Agong for Rani as Malacca does not have a sultan.

Given away

According to HRP national information officer and Hindraf information chief S Jayathas, Rani's parents, due to financial difficulties, had given her away to their Hindu neighbour by the name of Kandasamy.

Her Muslim mother Aminnah Ahmadu had married her converted father Abdul Kadir @ Krishnan.

When Rani (right) was 16, she married her Hindu husband who was later forced to convert to Islam as Mustapha @ M Muniandy and they have four children - two daughters and two sons.

Their eldest daughter, 27, is named as Aishah bt Mustapha Muniandy in her birth certificate but the parents managed to change her name to Vijaya Letchumy A/P M Muniandy in her identity card.

However, the other three children, Abdul, 26, Hamzah, 24, and Citra Devi, 16, still carry their Muslim names in their identity cards.

According to Jayathas, Rani had made declarations before a commissioner of oaths that she wanted Abdul to be known by his Hindu name as Ganesan and Hamzah as Nagendran, but the registration department has allegedly refused to make the changes.

Application turned down

As for Banggama's conversion case, on Aug 4 the Penang High Court had turned down her application for a court order that would nullify her conversion to Islam when she was seven.

Judicial Commissioner Yaacob Sam had found that Banggama is a Muslim since her parents had converted to Islam in 1983 together with their children and said the civil court has no jurisdiction to hear a case involving conversion to Islam.

Banggama is living in Tanjong Piandang with her fisherman husband, S Sockalingam and their two children Kanagaraj, eight, and Hisyanthini, two.

Banggama's contention is that she has always been a Hindu and will die one even after the High Court ruled against her.

Banggarma claimed that she was unwittingly converted by the state Islamic religious authorities at the age of seven while she was staying in a welfare home in Kepala Batas, Penang.

Banggarma's birth certificate revealed that she was born a Hindu on Aug 13, 1982, in Keratong, Pahang, to plantation workers B Subramaniam and Latchumy Ramadu.

She has practised Hinduism even though her identity card stipulated she is a Muslim.

Meanwhile Regina's father Mohd Zaini @ Krishnan, who had earlier married a Malay woman, had taken her Hindu mother as a second wife and they have three children - two daughters and a son.

The elder daughter was able to convert to Hinduism but not Regina and her younger brother who are still classified as Muslims.

The father died when Regina was four years old and her mother died about five years ago.

Regina had married a Hindu and her problem started when her son Thinas was born and she was unable to register his birth with the registration department.

As for Indira, she had obtained an Ipoh High Court order on March 11, for the custody of her third child Prasana Diksa but is unable to enforce the ruling on her converted husband Mohd Riduan Abdullah @ K Pathmanathan who is hiding in Kelantan with the child.

On July 31, Indira had lodged a police report against her husband for criminal intimidation over using abusive words against her during a phone conversation on July 29 and for refusing to surrender the child to her according to the court order of March 11.

I'll die missing my children

Teenagers arrested over surau paint splashing

The smeared surau wall, picture taken yesterday.

KUALA LUMPUR, Aug 24 — Four teenagers aged 16 to 18 were arrested early this morning in connection with red paint splashed at a surau (Muslim prayer hall) in Seremban yesterday.

Negri Sembilan police chief Datuk Osman Salleh said initial investigation showed that the four Chinese teenages acted following misunderstanding with members of the surau.

“They played with firecrackers a day earlier and was told off by the people from the surau,” Osman told a press conference.

“This is not a racial issue or a religious issue,” he said.

Osman described the attack as a mischievous act motivated by minor misunderstanding.

Osman also attempted to play down the incident saying that the attack did not leave any major damage to the surau.

He said one of the suspects is unemployed while the rest are working.

Osman said the four would be remanded until Friday and are being investigated under Section 295 of the Penal Code for allegedly offending a religion, which punishable by imprisonment of up to two years.

The surau in Taman Pulai Jaya Seremban was found splashed with red paint early yesterday morning by local Muslims before performing dawn prayers.

Several broken liquor bottles were also found within the surau compound.

Early this year, two churches in Seremban were attacked following the Kuala Lumpur High Court ruling allowing Christians to use the word Allah outside of the Muslim context.

Firebombs were thrown at one of the churches, leaving scorch marks at its front door, while another church had one of its windows broken.

Two mosques near Petaling Jaya also suffered attacks early this year when pig’s heads were found within their compounds. Pigs are considered unclean and offensive by Muslims.

Nuke plant in Port Dickson?

By FMT Staff

PORT DICKSON: The grapevine has it that the coastal town, once a bustling tourist destination but now in the throes of death, could be “nuked” by the government.
Talk is that Negeri Sembilan Menteri Besar Mohamad Hassan is seriously lobbying Prime Minister Najib Tun Razak to site the country’s first nuclear power plant at the Bukit Kepong Lake here.

Telok Kemang MP Kamarul Baharin Abbas, who visited the lake recently, acknowledged the rumour but declined to comment on it

However, the PKR leader said he wanted to know why the Drainage and Irrigation department (JPS) was demolishing the “passageway” in the 50-year-old water catchment.

“I don’t want to speculate. But I have asked JPS to explain why it is demolishing the passageway which controls the dam and keeps the lake from overflowing and flooding the low lying areas.

“We want JPS to explain their rationale for demolishing the bund when the current rain spell is already causing floods in the low-lying oil palm estates,” he said.

“Once they explain, we will know for a fact what their real agenda is,” he said. adding that it was unlikely JPS was carrying out the demolition work for no reason.

“One thing is for sure, they must have a big agenda if they are demolishing a large dam such a this which has been around since merdeka,” he added.

Ideal location

Rumours of a nuclear plant in PD was first reported by blogger Singalautmetro, who is a veteran journalist.

In a posting, the blogger said Malaysian Nuclear Agency director-general Daud Mohamad’s statement that several locations, including those in Negri Sembilan and Perak, were being considered for the proposed nuclear plant further confirmed speculation about the Bukit Kepong lake.

He claimed that Tenaga Nasional Bhd had been given the responsibility of implementing the project. .

According to him, the lake was unique because it was shaped like a cauldron with a depth of 15 metres from its banks.

Its more than 10 kilometres reserve is capable of preparing at least 80 hectares as required for the nuclear plant. This coupled with the lake’s expansive reach of over 1,000 hectares made it suitable for the plant.

The Tuanku Jaffar power station situated nearby also had the right technical specifications needed to support a nuclear power plant.

Explaining further, the blogger claimed that the lake would eventually be as hot as the 1,000 MW power plant and capable of producing 14,000 to 18,000 MW of energy.

Najib is expected to announce the location of the country’s first nuclear power estimated to cost between RM6.5 billion to RM 9.75 billion in 2012. Construction of the power plant is scheduled to begin in 2015.

Lingam, two former judges win appeal

PUTRAJAYA: The Court of Appeal today allowed an appeal by senior lawyer VK Lingam and two former chief justices Ahmad Fairuz Sheikh Abdul Halim and Mohd Eusoff Chin to review the Royal Commission of Inquiry's findings over the controversial Lingam video clip.
In a 2-1 majority decision, the court held that the High Court had used the wrong test in dismissing the trio's leave application for a judicial review against the commission's findings.

Justices Tengku Baharudin Shah Tengku Mahmud, who led a three-member panel, and Zaharah Ibrahim allowed the appeal while Mohd Hishamudin Mohd Yunus dissented.

The case is now remitted to the High Court to hear the merit of the case.

Lingam, Ahmad Fairuz and Mohd Eusoff are appealing against the High Court's refusal of their applications for leave for a judicial review to challenge the findings.

On Dec 12, 2008, the High Court ruled that the commission's findings were not reviewable on grounds that they were not a pronouncement of a decision and thereby did not affect the rights of the individuals or their obligations.

The five-member panel of commissioners, in their report, had found the video clip showing Lingam in a telephone conversation with Ahmad Fairuz over judicial appointment to be authentic.

The commission had also recommended that appropriate course of action be taken against six individuals namely Lingam, Ahmad Fairuz, Mohd Eusoff, tycoon Vincent Tan, Umno secretary-general Tengku Adnan Tengku Mansor and former prime minister Dr Mahathir Mohamad for misconduct.

It found that there was sufficient evidence to investigate the six men for offences under the Sedition Act, Official Secrets Act, Penal Code and the Legal Profession Act 1976.

Except for Mahathir, the other five had filed for leave for a judicial review in an attempt to quash the inquiry's findings.

However, Vincent and Tengku Adnan withdrew their appeal early this year.

The commissioners -- chairman Haidar Mohd Noor, former chief judge of Sabah and Sarawak Amar Steve Shim Lip Kiong, retired Court of Appeal judge Mahadev Shankar, former solicitor-general Zaitun Zawiyah Puteh and Professor Emeritus Khoo Kay Kim -- sat for 17 days to inquire into the 14-minute video clip and concluded its work on Feb 15, 2008.

Lingam represented himself while lawyer Mahinder Singh Dulku appeared for Ahmad Fairuz, Hazman Ahmad for Mohd Eusoff and senior federal counsel Azizah Nawawi for the commission.

- Bernama

Sabah and the genesis of frog politicos

By Erna Mahyuni - Free Malaysia Today,

COMMENT Malaysians who associate democracy with decency and fair play are still bitter about the coup Umno pulled off in Perak last year. But 15 years before Perak, there was Sabah.
In 1994, Parti Bersatu Sabah (PBS), then a Barisan Nasional rival, won the Sabah state election, but did not even have time to uncork the champagne bottle. Umno moved in and, almost in the twinkling of an eye, engineered a coup through defections. They say Anwar Ibrahim led the charge.

Sabahans were the first Malaysians to denounce their statesmen as “katak” (Malay for “frogs”). Among the high-profile politicians who hopped out of PBS were Joseph Kurup and Bernard Dompok. Kurup is now the MP for Pensiangan and Dompok is the Plantation Industries and Commodities Minister.

But PBS chief Joseph Pairin Kitingan had to face a more heartbreaking betrayal when his brother, Jeffrey Gapari Kitingan, left PBS to form his own party. Currently vice-president of PKR, Jeffrey hopped through three other political parties – PBRS, Akar and Upko—and even applied twice to join Umno, only to be rejected.

Kadazans divided

Though the Kadazandusuns, the majority community on Sabah, hold Pairin in high regard, his party no longer commands their support. The locals see no reason why they should support a party whose members’ loyalties are suspect.

It was rumoured that the frogs were offered up to RM3 million each to defect.

James Chin, writing about the 1994 election in Asian Survey, notes that despite strong regional sentiment and tribal nationalism in the state, these factors were not enough to withstand “the onslaught of the BN’s national political machine with its almost unlimited funds and resources”.

Those resources include local television and radio stations. The BN campaigns through them, and one of the campaign messages is the “Binalah Sabah Baru” TV commercial that shows people living in abject poverty. We are supposed to believe they are Sabahans, but they are actually illegal immigrants living in shanties.

It was telling that in the closely contested 1994 election, PBS won all 15 Kadazandusun majority constituencies while BN won the 18 Malay/Muslim constituencies. The remaining seven seats were predominantly Chinese. PBS won four of them and the rest went to BN’s SAPP.

PBS is now a shadow of its former self as other parties, including Upko and PBRS, jostle for Kadazandusun support. With Pairin’s inevitable retirement looming and Jeffrey’s image as a turncoat persisting, no candidate has yet emerged to unite the now-splintered Kadazandusun electorate.
Anwar was allegedly the prime mover behind Sabah Umno’s victory in the state. It is said that he was behind negotiations with the defectors, setting the wheels in motion for PBS’ dethroning.

We must forgive Sabahans if they are wary of PKR. After all, it is Anwar’s party and its head honcho in Sabah is Jeffrey.

What both Umno and PKR have failed to realise is that the racially charged politics that we associate with Peninsular Malaysia does not apply in Sabah. For one, the majority race is the predominantly Christian Kadazandusun and the brand of Islam practised in Sabah is far more moderate than that of West Malaysia.

Anwar made a huge political gaffe by his initial appointment of Azmin Ali as Sabah PKR chief, a move that alienated locals. His lack of understanding of the local political landscape and his inability to attract respected political leaders to PKR’s fold will make it nearly impossible for PKR to win Sabah in the next general election.

PAS will have an even more difficult time than PKR. Voters have soundly rejected the Islamic party’s overtures in the state. This leaves DAP as the only peninsular-based opposition party with any hope of winning seats.

Empty promises

However, Umno is not going to have it easy either. Despite its promises of development and aid, Sabah still struggles with poverty.

According to United Nations statistics (http://www.undp.org.my/uploads/SabahHumanDevp.pdf), 23% of households in the state live below the national poverty line, with child poverty rates standing at 42%. More than one fifth of the population aged six and above have never been to school.

Yet the state boasts rich natural resources and an enviable biodiversity, not to mention tourist attractions such as Sipadan island and Mount Kinabalu. The truth is that the state has precious little control over the revenues it makes, which are channelled directly to the federal government.

What has Umno brought? Instead of development and improved infrastructure, as it has promised in every election campaign, it has tried to tighten its hold in the state by appointing Malaysians from the peninsula as heads of departments in the civil service.

Umno has yet to address the problem of illegal immigrants. Minister in the Prime Minister’s Department Idris Jala, who regards it as a minor issue, has obviously not visited the crime-ridden “black areas” of Kota Kinabalu, which are controlled mainly by illegal immigrants.

Sabah’s voters made their choice clear in the 1994 election. Simple majority or no, PBS had clearly won the mandate.

In the 1980s, former chief minister Harris Salleh bartered away Labuan to curry favour with the federal government and paid the price when the voters reacted by supporting PBS and ousting his party, Berjaya.

But the voters still suffer. The frogs betrayed not only their trust, but also put in place a government motivated by greed instead of a belief in democratic principles. Sabah deserves better.

---

Erna Mahyuni is a Sabahan writer currently based in Kuala Lumpur.

Green light to challenge “Lingam tape” report

(The Edge) PUTRAJAYA: The Court of Appeal has allowed Lawyer Datuk VK Lingam and two former Chief Justices to challenge the findings of a royal commission of inquiry which implicated them in alleged fixing of judicial elevations following a public hearing on a secretly-recorded video clip.

Court of Appeal Judge Tengku Datuk Baharudin Shah Tengku Mahmud said on Tuesday, Aug 24 the decision to allow the appeal was a 2-1 majority decision with him and Judge Datuk Zaharah Ibrahim granting the request while Judge Datuk Mohd Hishamudin Mohd Yunus dissented.

Lingam and former Chief Justices Tun Mohamed Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim are appealing a Kuala Lumpur High Court decision in December 2008 which refused them leave to pursue a judicial review of the royal commission's findings.

The royal commission had sat for a month from Jan 14, 2008 to hold a public inquiry into a video clip, now dubbed the "Lingam tape" showing a telephone conversation purportedly about the fixing of judicial elevations.

Commenting on the early victory, Lingam said he and the two former top judges were "pleased with the outcome" and would proceed with addressing the substantive submissions in their bid to quash part or whole of the royal commission's report.

When asked, Senior Federal Counsel Datin Azizah Nawawi, who is representing the royal commission, said she would seek instruction from Attorney-General Tan Sri Abdul Gani Patail on whether to appeal the Court of Appeal's decision.

If it comes to be, Lingam, Eusoff and Ahmad Fairuz's bid to review the royal commission's findings could once again re-open the controversial issue some two years after the royal commission held a keenly-followed public inquiry into the secretly-filmed video clip.

The royal commission's report, which was made public in May 2008, held that the video clip was "authentic beyond a shadow of a doubt".

The panel also found, among other things, that the person shown in the grainy video clip was indeed Lingam and that the latter was engaged in a telephone conversation with Ahmad Fairuz, who retired from office as Chief Justice in late 2007 after his contract was not renewed.

The royal commission had also found "sufficient evidence of misbehaviour" on the part of certain individuals identified or mentioned in the video.

It had also recommended, among other things, that Lingam be investigated under the Sedition Act, Legal Profession Act, Official Secrets Act and Penal Code.

Is it time to let go of our Constitution?

By Lingswaran Singh
Starting with the Perak Mufti’s now infamous remark about a “new Constitution”, then rebutted by Professor Dr Abdul Aziz Bari, a LoyarBurokker today flies us on a hot-air balloon, LB-styled. The courts have consistently ignored the Constitution and failed to uphold many of its protective provisions. The people have suffered. Is the Malaysian Federal Constitution a Document of Tyranny or one of Salvation? Is it time to let go of a Constitution which continues to protect only the elite and powerful?

Document of Tyranny or Salvation?

Back in 1956, a constitutional conference was held in London. It was attended by Tunku Abdul Rahman, three other ministers, four representatives of the Malay Rulers, and by the British High Commissioner in Malaya and his advisers.
A Commission headed by Lord William Reid, and consisting of constitutional experts from Commonwealth countries was appointed by the Queen and the Malay Rulers (Reid Commission).
The Constitution of Malaya was drafted on the advice of the Reid Commission which conducted a study in 1956. The Constitution came into force on 27 August 1957.
The Constitution of Malaya (with significant amendments) was used as the basis for the Constitution of Malaysia when Malaya, Sabah, Sarawak and Singapore merged to form Malaysia in 1963. This so-called “document of destiny”, per Professor Dr Shad Saleem Faruqi, has been the supreme law of Malaysia ever since.
I am not a big fan of the Federal Constitution.
It was a document devised to protect the interests of the elite and the royalty of Malaya, and one of compromise between the British and Malay rulers for the economic benefit of the British. It represents an insult to human dignity and intelligence.
A “document of tyranny”, the Constitution tells us how many Members of Parliament and senators we can have, the levels of government, the election periods, the role of the Yang di-Pertuan Agong, and provides other lame guarantees of individual rights.
This document did not come from the people of Malaya; it came from the very people who colonised us.
Some say it is a symbol of our independence; the question is, when have we ever been dependent?
And it can never be a symbol of freedom. Ironically, it is a document which propagates the ideas of the elite that we have enslaved ourselves to.

Power only to the elite?

I subscribe to the opinion of Justice Learned Hand of the US Supreme Court that liberty lies in the hearts of men and women; and when it dies there, no constitution, no law, no court can save it.
Freedom is not something you gain; it is something that you are born with.
We need no recognition to be free; we just need not be enslaved.
As the wise Jean Jacques Rousseau said, “Man is born free, but everywhere he is in chains”, and so are we, to the Federal Constitution of Malaysia, 1957.
Many Malaysians fiercely protect the Federal Constitution, giving it unreasonable credit for various purposes, not knowing that it is the most abused document of law in Malaysia. A tool which legitimises any act of the Executive, be it right or wrong.
Many argue that the actions of the Executive are subject to the scrutiny of the courts of law, the so-called guardians of the Constitution that protect, preserve and defend the Constitution from legislative changes or other attacks. The question remains however: do we even need a Constitution?

Article 5 right to life now illusory?

Thomas Jefferson said that all men are born free and equal, and have certain natural, essential and unalienable rights. We have the right of enjoying and defending our lives and liberties; that of acquiring, possessing, and protecting property; that of seeking and obtaining our safety and happiness.
Our fundamental rights are universal in nature, rights so sacred that it is inalienable to us. There is no need for a document to protect these rights.
Has the Federal Constitution of Malaysia done any good in providing for or even protecting these rights? Have the courts stopped the Executive from infringing these rights or have they legitimised the infringements? In my view, the courts have done nothing but legitimise the infringements of civil liberties, which cases such as Stephen Kalong Ningkan, Assa Singh and Karam Singh bear witness.
Clarence Darrow was right when he said, “You can only protect your liberties in this world by protecting the other man’s freedom. You can only be free if I am free.”
The current Constitution represents the mindset that is the cause of Malaysia’s inherent problems. We have yet to resolve these problems.
The ultimate resolution is to get rid of this imperialist legacy. Only then will we be truly free as a nation, only then will we be truly united as Malaysians, only then will we be able to appreciate our sovereignty, for it will not be an order imposed upon us, but one that we acknowledge as our own.
We do not need a Constitution to ensure that our rights are guaranteed, we need liberty, we need compassion, we need equality, we need honesty, and most of all we need justice. That is all we need to ensure our rights.
That is all we need for a better Malaysia.
It is time we set ourselves free, it is time we tell ourselves that it is alright to let go of our Constitution.
James Baldwin said, “Freedom is not something that anybody can be given; freedom is something people take and people are as free as they want to be.”
And of course, “It’s only after you’ve lost everything,” Tyler Durden says, “that you’re free to do anything.” (Fight Club)
[But for extraordinary reasons there are those of you who would disagree with me, do follow this excellent Campaign.]
LB: Lingswaran Singh has been a LoyarBurokker since he was 5. He speaks an open but disinterested language, dictated not by passion but that of humanity. Independence is his happiness, and he views things as they are without regard to place or person. His country is the world, and his religion is to do good. He too is an emissary of Lord Bobo Barnabus, tasked to enlighten Malaysians through loyarburok.com, this awesome blawg leading the quest for world domination.

Uncommon Sense with Wong Chin Huat: Spotlight on DAP

By Ding Jo-Ann | 24 August 2010 | The Nut Graph

THE media spotlight has turned to the DAP in recent weeks over the party’s sacking of Tee Boon Hock, Selangor executive councillor Ronnie Liu‘s special assistant. Tee had allegedly issued letters of recommendation using Liu’s official letterhead and seal to help family members secure contracts. Liu was severely reprimanded by a DAP disciplinary committee for the incident.
Meanwhile, Selangor speaker Teng Chang Khim faced disciplinary proceedings due to his “OMG, the real culprit is freed” tweet. Teng told the disciplinary committee he was tweeting about a movie character and not about Liu and Tee.
The Nut Graph asks political scientist Wong Chin Huat how he thinks the DAP’s leadership performed in these events, and what the DAP‘s democratic health is like as a whole.
TNG: How did the DAP’s leadership perform in this recent series of events? Are the revelations surrounding Ronnie Liu merely part of an internal power struggle?
Wong Chin Huat: The DAP tried its best to do damage control by sacking Tee immediately, but the problem is more complicated. Support letters are part of Malaysian political culture. Ronnie Liu or Tee would not be the first people to have issued support letters, nor will they be the last.
Support letters may serve some pragmatic purpose, and stopping them will require alternatives; for example, a comprehensive audit on public administration. But such a move was not proposed in the rush to do damage control. To many, Tee is indeed guilty, but was also chosen as a sacrificial lamb.

Teng

Unnecessarily dragging in Teng Chang Kim, who wittily got away with his “movie tweet” explanation, made the DAP’s disciplinary committee hearing look like a badly managed public relations exercise. It also revealed that senior party leaders don’t talk to each other, which is quite an open secret.
But factionalism and power struggles are normal in politics. Power and the prospect of winning greater power will help them to close ranks or restrain their antagonism. One need not read too much into it.
What is interesting is that errant members from the DAP and other Pakatan Rakyat (PR) parties are mostly grassroots-level politicians. They are either local councillors or special assistants to lawmakers. You may blame the party leadership or lawmakers for trusting the wrong people. For me, I see it as the consequence of not having local elections.
If local elections were held, the real power would rest with people who can win the popular mandate, not those who know how to impress the senior leadership. Of course, the party may still pick the wrong candidates, as they did for parliamentary and state elections, but the pressure of facing the scrutiny of the electorate and political opponents will make them more cautious.
There have been media murmurings about the Lim Kit Siang-Lim Guan Eng leadership, and also talk of in-fighting in Perak where cousins Datuk Ngeh Koo Ham and Nga Kor Ming hold prominent positions. Are the charges of factionalism and nepotism justified? Does the  DAP suffer from a lack of democracy in its leadership?
I don’t think it is fair to label the Lim father-and-son or the Ngeh-Nga cousins as proof of nepotism. They are more like the Kennedys or the Bushes.
At least Lim Guan Eng has proven his worth in forming a credible team to lead the party into an unprecedented victory. This is a fact that even his critics in the party would acknowledge. If he was once seen as his father’s shadow, he is certainly more than his father’s son. For one, the junior Lim knows how to win the Malay-Muslim electorate over. He is genuinely popular among the PR’s Malay Malaysian supporters.

Gobind

Similarly, Nga is sharp and articulate. He is a good orator and more well-known than his senior cousin. Likewise, Gobind Singh is now known as a politician and a lawyer in his own right, not just as the son of Karpal Singh.
Factionalism is another issue. The DAP is famous for having leaders position themselves as proxies of certain top leaders and who alienate other state or local leaders. However, factionalism only becomes an issue when the winners take everything. As long as there is enough room for different factions to survive, the losers will not be eliminated and the factionalism will not be deadly to the party.
Formally, the DAP is democratic, where members can elect their leaders up to state level. Even Lim Guan Eng and his wife, a sitting assemblyperson, once lost in the Malacca party elections. Such democratic practice, however, does not necessarily translate into the selection of candidates for the general election. In the past, candidate selection was decided by only three top leaders. The selection of “parachuters” or senior leaders’ right-hand persons over local leaders often caused a lot of resentment.
The solution to this problem is decentralisation. There should perhaps be primary elections within local branches to choose candidates. The senior leaders can still recruit young talent to run, but this cherry-picked lot will have to win grassroots support.
The DAP is often branded a Chinese chauvinist party by Umno, even though it is a non-race-based party. What makes the DAP an easy target for the chauvinist label? What hinders it from establishing itself firmly as a multiracial party, especially among Malay Malaysians?
Political parties are often defined by their opponents. The DAP exists mainly to challenge Umno’s hegemony, a role expected of the MCA, Gerakan and the MIC, which have all failed miserably.
The DAP’s chauvinist label, principally given by Umno, stems from its failure to oppose Umno and defend Malay-Muslim interests at the same time. Until 2008, it failed to show how “anti-Umno” and “pro-Malay” were reconcilable. This is ideologically a challenging task – the most successful “anti-Umno-yet-pro-Malay” position so far is the Islamist one held by PAS.
Theoretically, two other possible positions would be “Malay-left” and “Malay-liberal”, but neither of these constituencies can be easily cultivated. Even Parti Keadilan Rakyat (PKR) is not hugely successful in this sense.

Liew

For party strategist Liew Chin Tong, the DAP’s future lies in defining itself as an urban party rather than a Chinese Malaysian party. This means it will need to cultivate a pro-urban-Malay position and image. In the long run, it is the only way for the DAP to survive because the urban population is increasingly multiethnic. Thanks to the administrative power and resources in Penang, and earlier in Perak, the DAP is now slowly building its pro-Malay/Muslim credential.
It, however, faces a new challenge: the PR is now trapped in an ethno-religious division of labour that mirrors the Barisan Nasional: PAS in the Malay Malaysian heartland, PKR in mixed areas, and the DAP in urban Chinese Malaysian centres. So, some DAP leaders may be reluctant to water down its Chinese/non-Malay/non-Muslim appeal. Also, ambitious Malay Malaysians may not be keen to join the DAP because of the perceived limited opportunities. So, Liew’s far-sighted direction may not be able to materialise.
In their answers to The Nut Graph‘s MP Watch project, DAP MPs were arguably the most principled and consistent in their answers on issues of democracy. Are DAP members better trained in democratic issues compared with other political parties? If so, why?
Yes. Among the major opposition parties in West Malaysia, only the DAP and PAS have veteran oppositionists, but PAS’s language is more coated in Islamist discourse rather than a democratic one.
Inclusive democracy is a new language to even the many open-minded PAS leaders because their constituents are used to a more monolithic worldview. They worry that explicit commitment to a plural democracy – for example, over whether Malaysia should be an Islamic state – will lead to accusations of them abandoning the faith and community.
Meanwhile, many PKR leaders are new kids on the block in opposition politics or in politics, being former BN leaders or politically inactive prior to the last elections. Like PAS, an outright defence of civil rights and democratic values is something many PKR leaders have yet to learn. While this is not new for former non-governmental organisation activists in PKR, these former activists still worry that the more conservative segment of their constituency won’t buy it.
In contrast, the DAP can speak principally on most issues because both their leaders and constituents have been speaking in this language for decades.
What kind of second-echelon leaders are emerging in the DAP? Who are the young leaders that we can be hopeful about? Is the party doing enough to cultivate and develop its young leaders?

Yeoh

The shining second-echelon leaders emerging in the DAP share some characteristics: well-educated or professionals, articulate and media-savvy, able to cross different ethno-linguistic constituencies. Among the parliamentarians, Tony Pua, Liew Chin Tong and Teo Nie Ching are the names to watch. Among the state assemblypersons, Hannah Yeoh is perhaps the most shining one. Dr Boo Cheng How in Johor Baru is another first-term lawmaker with a lot of potential and far-sightedness, but he is an old party member and is not so young.
The DAP is keen to cultivate young leaders. And the senior leadership, from Lim Kit Siang to Lim Guan Eng, is generous in giving opportunities to young blood.
However, many young talents leave when they find themselves playing the role of party dissident and attracting the hostility of loyalists. In that sense, Teng Chang Kim, Boo Cheng How and Ng Swee Lim are great assets to the DAP because they prove they are able to survive well in the party even though they are not from the party’s mainstream.

V K Lingam, 2 ex-chief justices allowed to challenge Royal Commission findings

The Star

KUALA LUMPUR: Court of Appeal allowed lawyer V K Lingam and two ex-chief justices to challenge the findings of the Royal Commission against them.

It was a majority decision.

A Royal Commission of Inquiry was held after a secretly-recorded video clip showed the prominent lawyer allegedly being involved in brokering a deal over the appointment of judges.

The video clip which surfaced in 2007 implicated five people; Lingam, former chief justices Tun Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim, tycoon Tan Sri Vincent Tan and the then Deputy Minister in the Prime Minister’s Department Datuk Seri Tengku Adnan Tengku Mansor.

The Royal Commission found that “a compelling inference can reasonably and conceivably be drawn that Datuk V.K. Lingam was actively involved in the appointment of Tun Ahmad Fairuz as Court of Appeal president, with the possible aim of his further appointment to the post of Federal Court Chief Justice.”

On October 2009, Minister in the Prime Minister’s Department Datuk Seri Nazri Abd Aziz said in a written reply to Lim Guan Eng (DAP-Bagan) that investigations showed no criminal offence had been committed in the appointment of judges.

After ACA officers investigated those involved in the video clip, it was concluded that there was no abuse of power, he claimed in Parliament.

Nazri said that the case was later classified by the Attorney-General as “no further action” as there were no suspects who could confirm the handling of documents in the appointment of High Court judges.