Family members of detained HINDRAF human rights lawyers arrested Your Excellency

Mizan Zainal Abidin ibni al-Marhum Sultan Mahmud
Supreme Head of State (Yang di-Pertuan Agong)
Office of the Head of State
Istana Negara
50500 Kuala Lumpur
Malaysia
23 October 2008

Re: Family members of detained HINDRAF human rights lawyers arrested
Your Excellency,

Front Line is deeply concerned following reports that family members of detained Hindu Rights
Action Force (HINDRAF) lawyers were amongst 11 persons who were arrested on 23 October
2008, including the 6-year old daughter of HINDRAF Chairperson P. Waythamoorthy, as they
attempted to submit a letter to the Prime Minister's office in Putrajaya.
On 23 October 2008, at approximately 3.15 pm, P. Vwaishhnnavi, daughter of P. Waythamoorthy
and niece of HINDRAF leader P. Uthayakumar, approached the Prime Minister's office in Putrajaya
together with her mother K. Shanti, S. Jayathas, P. Taramaraju, P. Waytha Nayagi, Poobalan,
R. Kannan, Mary Shanti, Bala, Rajasekaran and Ravi Sundaram. They were there to accompany
P. Vwaishhnnavi as she submitted a Deepavali card to the Prime Minister in which she called for
the release of all those falsely imprisoned under the Internal Security Act (ISA), including five
human rights defenders from HINDRAF and also invited the Prime Minister to her home for an
open house to celebrate the festival. The 11 detained persons are currently being held at the
Putrajaya district police headquarters. Police Chief Abd Razak Abd Majid declined to comment on
the arrests but reports indicate that the child, the two women and eight men are being held under
either the Societies Act, for participating in an unlawful society, or the Police Act, for illegal
assembly.
On 15 October 2008 the Home Ministry officially declared the HINDRAF organisation illegal, as a
result of investigations by the Registrar of Societies (ROS) which reportedly found that 'the
organisation’s activities contravened the Societies Act 1966 and if left unchecked, the organisation
could pose a threat to public order, peace, security and morality in Malaysia'.
Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and
R. Kengatharan were arrested on 13 December 2007 and charged under the Internal Security Act
(ISA) of Malaysia on the grounds of threatening national security by organising a peaceful
demonstration. All five human rights defenders had taken up and worked on, on a pro bono basis,
many cases of death in police custody and police violence. They had filed many cases against the
Malaysian Government and authorities. Chairperson P. Waythamoorthy remains in self-exile in the
United Kingdom.
Front Line believes that the above-mentioned persons have been arrested and detained solely on
1
account of their legitimate human rights activities calling for the release of Messrs P. Uthayakumar,
M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar and R. Kengatharan. In addition Front Line
believes that the five members of HINDRAF were targeted as a result of their work defending the
rights of the ethnic minority Indians in Malaysia. Front Line is concerned for the physical and
psychological integrity of all of the aforementioned human rights defenders.
Front Line urges the Malaysian authorities to:
1. Immediately release the above-mentioned persons who were arrested on 23 October 2008,
as well as Messrs P. Uthayakumar, M. Manoharan, V. Ganapathy Rao, T. Vasanthakumar
and R. Kengatharan as it is believed that they are being detained solely on account of their
legitimate human rights activities;
2. Immediately repeal the decision to ban HINDRAF;
3. Take all necessary measures to guarantee the physical and psychological security and
integrity of the aforementioned human rights defenders and their family members;
4. Guarantee in all circumstances that human rights defenders in Malaysia are able to carry
out their legitimate human rights activities without fear of reprisals, and free of all
restrictions including judicial harassment.
Front Line respectfully reminds you that the United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN
General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights
defenders, their right to freedom of association and to carry out their activities without fear of
reprisals. We would particularly draw attention to Article 5 “For the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the right, individually and in
association with others, at the national and international levels: (a) To meet or assemble
peacefully”; and to Article 12 (2): “The State shall take all necessary measures to ensure the
protection by the competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or
any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred
to in the present declaration.”
Yours sincerely,
Mary Lawlor
Director

MEDIA STATEMENT 03.11.2008

DPM NAJIB’S OPEN HOUSE PLEDGE ANOTHER EYEWASH

DPM SHOULD INSTEAD ANNOUNCE A SPECIAL ALLOCATION AND CONCRETE PLAN TO UPLIFT THE INDIAN SOCIO ECONOMIC STATUS

We refer to DPM Dato Seri Najib Tun Razak’s Statement that a “the Indian community's plight was also being seriously looked into by a special cabinet committee, which he chairs, to ensure that it had participation in the national economy and equity”.

HINDRAF wishes to reiterate that the Indian community had heard enough promises for the last 51 years that would last them the next 3 generations of the Government’s promises that it cared for the plight of the Indian community and that they “would look into it”.

The statement of the DPM is yet another eyewash during the festive Deepavali period to pacify and mislead the Malaysian Indian community as usual.

Every Deepavali open houses and MIC annual general assemblies the Indians are made to believe and given the assurances that their “plight are being looked into” and “help is just around the corner”. We have been hearing this for the past 51 years now and no Malaysian Indian would believe this apart from the MIC cronies who live and thrive on the “biscuits” thrown at them by UMNO. The DPM must have thought the Indians could be fooled as usual and perhaps he would have received a “thunderous applause” for his “goodie announcements” which no doubt must have come from all the planted MIC cronies.

The DPM who is also the Finance Minister should stop the “empty talk” and instead make a concrete announcement of an allocation of funds to uplift the socio economic condition of Indians in the country.

We want to know how serious the Government is in solving the woes of the Indian community in dollars and cents. Enough of setting up Special Cabinet committees and all the years of empty promises. The Malaysian Indians have woken up and can no longer be cheated with mere bare promises. The Government of the day has to be serious and solemn, come up with a concrete plan of how to address the issue instead of giving piecemeal solutions and empty promises.

P.Waytha Moorthy

CHAIRMAN

HINDRAF

Abdullah’s inaction pushes Malaysia back to Mahathirism

COMMENTARY

NOV 3 — Putting aside for the moment the question of whether the return of Mahathirism is a good or bad thing for Malaysia, let us agree that one man’s failure has provided the ripe conditions for its return.

If today Tun Dr Mahathir Mohamad’s influence in government and among Umno members is growing, and his ideas on tackling the economic slowdown to fighting malaise in the Barisan Nasional are gaining traction in the community, it is because Datuk Seri Abdullah Ahmad Badawi did not provide the strong, decisive leadership which Malaysians want and crave for.

Abdullah and his supporters may complain that the advent of Mahathirism is a return to the days of power being centralised in the hands of the few; with institutions being trampled upon and the rule of law being subjugated but there is little evidence that the Abdullah years were watershed years in governance and transparency.

On Thursday, it was exactly five years that the baton of leadership changed hands between Dr Mahathir and Abdullah. Those were days of promises; pronouncements; new beginnings. Nothing exemplified this more than the motion of thanks to Dr Mahathir which Abdullah proposed in Parliament on Nov 3, 2003.

Scroll through the motion of thanks today and two things become apparent: why Malaysians were so taken up with what Abdullah had to offer and his inability to add flesh to the grand sounding rhetoric of that day.

Here are a few examples:

? “We must seek and identify new sources of economic growth. We must develop new approaches to enhance our competitiveness and strengthen our resilience to face global challenges. The distribution of economic opportunities must be equitable to benefit the broadest range of people.”

Fact: Five years on, the government is still talking about finding new sources of growth. The reality is that Malaysia is still far too dependent on oil and commodities for its revenue. Our manufacturing sector is built on a brittle foundation — the uninterrupted flow of cheap foreign labour.

And yes, we are still a long way off from becoming a modern agriculture powerhouse.

? “We must respect the separation of powers between the legislature, the executive and the judiciary. This is important to maintain the checks and balances needed to prevent abuses of power.”

Fact: What separation of powers? The concept of separation of power truly works only when judicial review of administrative processes is allowed.

Abdullah’s promise of ushering a judicial renaissance is pretty much work in progress.

? “It is incumbent upon us as elected representatives to display exemplary political leadership, which can only be effective if we are respected. We must cultivate an image that is clean, incorruptible, modest and beyond suspicion.”

Fact: March 8. On that day, many Malaysians gave their verdict on Barisan Nasional candidates, whom they viewed as arrogant, power crazy, avaricious and corrupt.

Despite all the talk, the consensus was that many elected representatives ran roughshod over Abdullah during his first term as the prime minister, predicting correctly that unlike Dr Mahathir, he would not use the powers of incumbency to bring them into line.

When lined up side by side, the Mahathir years seems like a time of progress; of a country taking shape; of economic growth; of a vision; of punching above the weight in international relations.

In contrast, the Abdullah years seems like a time of intangibles; more democratic space; more willingness to tolerate differing opinions and more respect for Parliament.

But precious little for the little man to appreciate and cling on to as evidence of a better standard of living.

Given this backdrop, it is not difficult to understand why many Umno members and a good number of Malaysians are not as troubled about the return of Mahathirism as members of the chattering class and Abdullah’s supporters.

They yearn for a strong hand, especially in these uncertain economic times. They want to know where Malaysia is headed.

Abdullah’s motion of thanks on Nov 3, 2003 also gives a clutch of hints on why not everyone is in mourning over Dr Mahathir’s return to the main theatre of politics in Malaysia.

This is what Abdullah said five years ago: “The development of our infrastructure and human resources grew at its fastest pace during his premiership. More importantly, he placed our country on the world map and has made Malaysia an example of political stability, economic prosperity, racial unity and religious tolerance. We are now widely acknowledged as a progressive Islamic country.

“The Member of Parliament for Kubang Pasu has imbued us with self-confidence, dignity and national pride. He is a hero to his nation and to his people — a hero who elevated his country in the eyes of the world.”

Critique on Judgment of the Court of Appeal Chin Peng v Government of Malaysia

by M.R. Pearce 1. I have been an observer, on behalf of the International Association of Democratic Lawyers, at proceedings in the above matter in Jaya Putra, Malaysia. I have been asked by the lawyers for the plaintiff, Chin Peng, to prepare a critique of the most recent judgment in the case, that of the Court of Appeal dated 20 June 2008. (Click here to read the Judgment of the Court of Appeal) 2. In summary I consider that the Court of Appeal erred in the following respects: • It failed to appreciate that, since the proceeding was commenced by originating summons, rather than writ, and since no order for discovery had been made, there was no obligation on Chin Peng to give discovery.Read more

Irene Fernandez: The Best or Worst of Malaysia?

by Suzette Standring
November 2008
Huffington Post

It is a textbook case of laws being used to crush critics of governmental operations. Malaysia may be 9,296 miles from the United States, but the theme of authorities seeking to silence protest is a universal one. Thus when such a bell tolls, it can toll for thee.

The criminal appeal of Irene Fernandez, age 62, begins (Oct. 28-30) at the Criminal High Court in Kuala Lumpur. It is the longest running legal attempt in Malaysian history to punish a bearer of bad news. In August 1995, Fernandez made public her report, Abuses, Torture and Dehumanised Treatment of Migrant Workers at Detention Centres. It was based on interviews with 300 detainees, each of whom Fernandez spoke with in her role as director and co-founder of Tenaganita, a non-governmental organization (NGO) in Kuala Lumpur that has worked to protect the rights of foreign workers since 1991.

She gave voice to bloodied and abused immigrants held in centers pending deportation. Unspeakable filth, dehydration and rape of children were part of her documented report. In 2003 she was convicted of “maliciously publishing false news,” under Section 8A(2) of the Printing Presses and Publications Act (1984) - even though the Malaysian government did admit to 46 detention-center related deaths.

Released on bail pending her appeal, Fernandez continued her work on behalf of women, children, migrant workers and the poor in Malaysia. The PPPA gave absolute discretion and broad powers to the Minister of Home Affairs to ban or restrict “undesirable publications.” Later it was found to breach the fundamental right to freedom of expression by the UN Human Rights Committee and other constitutional courts around the world.

Now 13 years and 300 court appearances later, the legal wrangling may end. High Court Judge Yang Arif Hakim Dato’ Haji Mohamad Apandi Bin Haji Ali wants to resolve Fernandez’s case this year. Perhaps Judge Apandi’s call for resolution may signal a positive turning point. In a country struggling to fight against corruption, perhaps Judge Apandi’s court will see justice finally served. The facts in Fernandez’ favor are too overwhelming for revisionist history.

Fernandez was born in 1946 in Malaysia, growing up in migrant worker conditions. Her father was a rubber plantation worker. Her first-hand knowledge of the hardships and easy victimization of such laborers was the underpinning of her passion to serve the powerless. Long before her 1996 arrest sparked her current ordeal, Fernandez had been promoting the poor since 1970. She organized the first textile workers union and developed programs to create trade unions in free trade zones. Her consumer education programs taught children about basic needs, safety and environmental protection. Her work with grassroots organizations led directly to laws against domestic violence, sexual harassment and improvements to rape laws. (http://www.rightlivelihood.org/irene-fernandez.html)

Yet in March 1996 Fernandez was charged for “maliciously publishing false news.” Her trial dragged on for seven years. In a surprise fast-tracking of procedure, Fernandez’ lawyers were given only two days to make final submissions based on seven years of trial and 50 witnesses before final judgment by Judge Juliana Mohamed. Interestingly, the prosecution was ready with an 82-page submission.

In 2003, Magistrate Juliana Mohamed ruled Fernandez’ report - the torture, denial of medical treatment, forced stripping, lack of proper food, unsanitary toilets and police corruption in detention centers toward migrant workers held for deportation from Malaysia - to be false. Prosecutor Stanley Augustin pushed for the harshest sentence as a deterrent to any who might throw Malaysia’s good name into disrepute amid world attention. “The court must take into account the interest of the nation. Freedom of speech is not freedom to say anything you like. It must be confined and cannot hurt the public or national interest,” said Augustin.

At the sentencing, Fernandez said, “I want my children and the children of all the people I work with as head of Tenaganita to enjoy and live in a society that is peaceful, where we do not fear state violence.” Facing a maximum sentence of three years, Fernandez was sentenced to one year of imprisonment, but was released pending appeal. And over 13 years, Fernandez’ legal process has taken absurd twists and turns, all from court mismanagement.

Statements from five key prosecution witnesses and all of the 21 defense witnesses have gone missing. A computer virus wiped out hearing notes.

Over 1,700 pages of trial records were missing. A massive re-typing of notes was undertaken, and content was still awaiting transcription as of August 2008. Currently 3,648 pages are divided into eight volumes. Judge Apandi has ordered the appeal to move forward despite any illegible or incomplete notes. The Criminal High Court should dismiss this case due to an inaccurate trial transcript and reconstituted court records. But when a case is high profile, politics can come into play, and not just in Malaysia. (Sometime look into the case of People of California v. Caryl Chessman, a criminal who was a controversial critic of the justice system. His execution for kidnapping was based on a law that was later repealed and an incomplete trial transcript.)

But Fernandez is no criminal. She is the teller of uncomfortable truths, with a long activist history in protesting abuses and enacting reforms. In 2005, she earned the Right Livelihood Award, often called the “Alternative Nobel Prize” for “… for her outstanding and courageous work to stop violence against women and abuses of migrant and poor workers.” Established in 1980, the Right Livelihood Award honors and supports those “offering practical and exemplary answers to the most urgent challenges facing us today.” Fernandez is one of 133 Laureates from 57 countries.

Now that is a recognition of which Malaysia should be proud. Conversely, the country should publicly decry those who practice or support abuse and corruption through the manipulation of its laws. What is shameful are the efforts to hide the existence of deplorable conditions. What throws a country into disrepute is its resistance to righting wrongs. Irene Fernandez embodies the best of Malaysia - grace, strength, courage and endurance - even as the worst elements of Malaysian power have long sought to silence her. Few would have the determination to gut through the uncertainty of facing prison and all the horrors it might hold, but Fernandez has endured a 13-year legal ordeal. As an advocate of non-violence and legal means, Fernandez draws attention to the plight of the undesirables with her personal struggles.

The findings of her report cannot be false. Nor is truth ever malicious. Fernandez has been a role model of right living, despite the sword of Damocles that has dangled over her head for the past 13 years. That’s a long time to live under restricted freedoms, a confiscated passport and being barred as an election candidate. Whether justice is dispensed depends on the morality of those in charge and their own degree of courage. But I hope for the best. I take my cue from Fernandez’ reported serenity and from the faith that fueled Martin Luther King when he once wrote, “The moral arc of the universe is long but it bends toward justice.”

Hindraf teddy bear more dangerous than Osama bin Laden?

This is a video clip of my parliamentary exchange with the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz on the Hindraf ban and the detention of the five Hindraf leaders under the Internal Security Act on Wednesday (29.10.08) during the first-day Ministerial winding-up in the debate on the 2009 Budget.

Over 100 brave rain to attend PJ vigil

Photos by Rakyat@Work

Eye-witness report by Rakyat@Work:

The night when colours fade:

“Where are all the Indians?”
“Where are all the Malays?”
“Where are all the Chinese?”

Haris: Are we all blind or what? Who cares about skin colours? It doesn’t matter any more! We are Bangsa SATU! We are Bangsa Rakyat!

Yes! I feel a surge of adrenaline overflowing within me, a sudden sense of brother- and sisterhood with my fellow Malaysians. It’s a celebration of Life. I feel good, I really do. So do the rest.

Towards the end of the event, someone discovers a wallet that had been dropped. Marina immediately hands it over to a guy and asks that it be returned ASAP. Someone else whips out his handphone and asks if there are any contact details in the wallet. It is sorted out in no time. That’s the kind of spirit when we say Bangsa Rakyat Bangsa Satu.

2100: The crowd continues to mingle and as always, Marina and Zorro are the main attractions. Everyone just wants a piece of “justice” and “power” from Marina. Where’s Haris? Somehow I miss him too. Well, my partner and I ended our night at a fast-food outlet and we had a drink with other newfound family friends. We sure quenched our thirst and our spirit for the night.

Remember 7 Nov 2008. Free RPK!!!!!

2045: Someone’s already speaking. Unusually early I thought, but the number of people could have hastened the momentum of the event. Where’s my camcorder? Where’s my camera? Should I use… can’t get around to it with the umbrella… Dripping wet now and … just forget about the umbrella. And suddenly I remember, my little Olympus claims to be “waterproof”… good chance to test it out now. Fortunately, it lives up to its claim.

After squeezing past through bodies and umbrella, there he was! The man himself! Haris, a mountain of a man; imagine, he must be a six-footer. And now standing on top of a make-shift box as temporary podium, he certainly stands TALL, a person who speaks with conviction and passion, a sense of assurance that sounds like music to me. That’s right.

He makes several calls, reminding us of our first venture into the real world of the “living”; we are not to be in bondage. And all it takes is that one small step to stand up for your rights and for the truth. (Yes, it’s scary at first, but this is exactly what this vigil is all about, to help everyone to come together and get rid of this fear that has been tormenting the rakyat for God-knows-how-long. The rakyat’s presence at these vigils are only a means to larger objectives: to free RPK, to free all the other ISA detainees, and finally to get rid of the ISA.)

Sorry, that’s my own perspective; Haris may be using different words. It’s also about Justice. Justice for all rakyat to be respected as Bangsa Satu or Bangsa Rakyat.

Ah, beside him stands Zorro, smiling, I suppose he must have felt relieved tonight as it is his well deserved day off, now that Haris is here. Cheers, mate.

Next speaker or motivator is a woman who volunteers to set the mood for the evening with shouts of “Free RPK!” and “No to ISA!” or something to that effect.

I’m soaked by now, pretty uncomfortable. Need to move around.

Next speaker: our Adun, Lau Weng San, who continues to reassure the rakyat that this PJ venue is safe. He urges us to bring along more friends for the next vigil. (If there should be any negative or evil elements amongst the crowd, they are also welcome, perhaps to learn that abolishing the ISA will be beneficial to their loved ones too. Again, these are my thoughts; sorry, can’t help it)

A young man takes the stand and mentions that, after attending several vigils now, the number of people attending the vigil is still relatively small. He wishes to see larger crowds and more new faces for the coming event. (Yes folks, do make a stand now. Just do it! Come and be counted.)

Then the floor is opened to anyone who wants to share about the event. A gentleman from overseas says he is happy to join us, and says what we are doing is for the right cause; it is the right thing to do. He isn’t sure when he will return again to Malaysia, but he hopes that we need not have to conduct these vigils the next time. ( He obviously meant “Away with ISA for good.” )

“We want to see more of the young generation here. Is there anyone here?”

Indeed a young fellow, probably in his 20s stands up and takes the mic, “I’m happy to be here, thank you.” Well? That’s all, Haris says he just wanted to see, right?

Okay, move over pal, here comes Mr “Singalaysian”, Stephen, a Singaporean who married a lovely Malaysian woman, Lita. He is another fine example to the rest of the rakyat. He was at the Seremban vigil last Friday and despite his busy travelling back and forth from Singapore, Seremban, and now to PJ, he makes a point to come simply because of the great respect he has for RPK and his support for abolishing the ISA. He doesn’t need a mic cos he’s STRONG…voice and person. Kudos, Stephen!

Right, the rain’s getting into my eyes again… gotta move out once more…

Now, it’s karoke time with a difference. No mike, just “unplugged”, we all sing a beautiful number tonight; it’s called “That’s what friends are for”. So appropriate: through bad times, through good times, in fact through all times, we are friends for life….

It’s another wonderful evening. The rain’s about to stop. Before we end, Haris again reminds us all to remember the date 7 Nov. That’s right, it’s this Friday. So folks, please make a date with RPK, and come. (Get details from Malaysia Today, okay?)

2005: Arrive a little late due to the rain (excuses). But that’s the reason why partners are all important. Sometimes, you just need that little extra push to get lazy bones moving. So here we are. Both of us have the same question: With the rain still pouring, will there be anyone turning up? Yes, the crowds are already there. In fact, more than we anticipate.

Somali rape victim, 13, stoned to death

The Following Incident can be happen in Malaysia when the government fail to uphold their Justice properly and want the country too much into Islam rules.

MOGADISHU, Nov 2 - A 13-year-old girl who said she had been raped was stoned to death in Somalia after being accused of adultery by Islamic militants, a human rights group said.

Dozens of men stoned Aisha Ibrahim Duhulow to death Oct 27 in a stadium packed with 1,000 spectators in the southern port city of Kismayo, Amnesty International and Somali media reported, citing witnesses. The Islamic militia in charge of Kismayo had accused her of adultery after she reported that three men had raped her, the rights group said.

Initial local media reports said Duhulow was 23, but her father told Amnesty International she was 13. Some of the Somali journalists who first reported the killing later told Amnesty International that they had reported she was 23 based upon her physical appearance.

Calls to Somali government officials and the local administration in Kismayo rang unanswered Saturday.

“This child suffered a horrendous death at the behest of the armed opposition groups who currently control Kismayo,” David Copeman, Amnesty International’s Somalia campaigner, said in a statement Friday.

Somalia is among the world’s most violent and impoverished countries. The nation of some 8 million people has not had a functioning government since warlords overthrew a dictator in 1991 then turned on each other.

A quarter of Somali children die before age 5; nearly every public institution has collapsed. Fighting is a daily occurrence, with violent deaths reported nearly every day.

Islamic militants with ties to al-Qaida have been battling the government and its Ethiopian allies since their combined forces pushed the Islamists from the capital in December 2006. Within weeks of being driven out, the Islamists launched an insurgency that has killed thousands of civilians.

In recent months, the militants appear to be gaining strength. The group has taken over the port of Kismayo, Somalia’s third-largest city, and dismantled pro-government roadblocks. They also effectively closed the Mogadishu airport by threatening to attack any plane using it. - AP

RESPECTING UK IMMIGRATION LAWS

The UK Government is currently reviewing its visa regime on eleven (11) countries including MALAYSIA under the UK Visa Waiver Test. Countries were identified based on the risk posed by its nationals in the UK including those WORKING IN THE UK ILLEGALLY AND OTHER IMMIGRATION ABUSE. The UK Government has given these countries six (6) months to reduce the risk they pose. Unless the risk is reduced significantly, the UK Government will impose visa requirements on nationals of these countries including Malaysia.

Malaysians who would like to work and stay in the UK are advised to apply through the proper channel or contact the British High Commission in Kuala Lumpur for further details (http://ukinmalaysia.fco.gov.uk)

The British government has appointed the International Organisation for Migration to handle the publicity campaign and encourage voluntary return. Information on voluntary return can be found on IOM's website at http://www.iomlondon.org or telephone 020 7233 0001.

MALAYSIAN EMBASSY URGES ALL MALAYSIANS IN THE UK TO RESPECT, OBSERVE
AND
NOT TO VIOLATE UK IMMIGRATION LAWS

Razak Baginda saved by his affidavit

KUALA LUMPUR, Nov 2 - The acquittal of political analyst Abdul Razak Baginda in the high-profile murder case of his former Mongolian lover made big headlines in Malaysian newspapers yesterday, with many zooming in on how his affidavit had saved him.

The sleazy and sensational affair, and Abdul Razak's close ties to Deputy Prime Minister Najib Razak, had kept the case in the public eye as the trial ran for two years.

His almost-forgotten affidavit filed two years ago was the highlight as it was pivotal to the High Court judge's decision to acquit him of abetting the murder.

The document was filed in court in an attempt by Abdul Razak, 48, to obtain bail before the trial started. He failed to get bail and there was criticism then by legal experts who considered it a wrong move to disclose
his case so early in the trial.

But it turned out to be an astute move. High Court judge Mohamed Zaki Mohamed Yasin on Friday ruled that the tell-all affidavit had helped clear him of the charge of asking two policemen to kill Altantuya
Shaariibuu.

"In the absence of the rebuttal evidence against them (statements in the affidavit), coupled with the fact that there is no legal onus for him to rebut any statutory presumption, there is clearly no reason for the
statements to be ignored and rejected," the judge said.

The lengthy document detailed how Abdul Razak met Altantuya in 2004, and had an affair with her that lasted until 2005.

After they broke up, he alleged that the 28-year-old interpreter harassed him, and that he had sought the help of the police. But he denied telling them to kill her.

According to court evidence, Altantuya's remains were found in a jungle outside Kuala Lumpur, blown up with explosives after she was shot dead.

The judge found that 13 statements in the affidavit were not rebutted by evidence put forward by prosecutors. In a nutshell, they recounted how Abdul Razak had asked Musa Safri, a security aide of the deputy premier, for help because of Altantuya's harassment.

Musa reportedly said he would introduce him to a police officer. The co-accused Azilah Hadri, an officer from an elite unit that guards VVIPs, called Abdul Razak the next day.

Abdul Razak said he called Azilah on Oct 19, 2006, when Altantuya turned up at his house.

Altantuya was taken away by three police officers. Abdul Razak said he subsequently asked Musa what had happened to Altantuya but the aide said Azilah did not tell him.

The judge on Friday found these statements were corroborated by witnesses at the trial, and "clearly negated and nullified the act of abetment as alleged".

This detailed legal explanation was, however, described by veteran opposition politician Lim Kit Siang as a technical one, as he demanded further investigation.

The immediate public reaction on the Internet was, as expected, similar. Abdul Razak's close ties to DPM Najib were hauled out to hint at favoured treatment although there was no evidence of this.

Lim wrote in his blog that it was imperative for Najib to face an independent government inquiry on the allegations.

So far, Abdul Razak has not given his side of the story. After his acquittal, he went back to his house in upmarket Damansara Heights before going to the mosque for Friday prayers.

He wore broad smiles each time he came out of the house, but declined to speak to reporters. He also said he had been fasting for the 22 months since he was arrested.

His two co-accused, Azilah and Sirul Azhar Umar, who allegedly killed Altantuya, have been ordered to present their defence. The hearing will begin on Nov 10.

Here are excerpts of the affidavit filed by Abdul Razak Baginda:

EVEN though I had appointed (private eye) P. Balasubramaniam, the harassment by Altantuya against my family and me did not stop. Hence, I asked Deputy Superintendent Musa Safri (a security aide to Deputy Prime Minister Najib Razak) for help.

I also sought help to be introduced to a police officer from the Brickfields police station as my house was under their jurisdiction.

DSP Musa told me that he would introduce me to an officer who would help me.

On Oct 17, 2006, the deceased came to my house and wanted to meet me. I was not at home at that time, and my wife learnt of her visit.

On the night of Oct 17, I was at home and there was a commotion outside the house.

I called Balasubramaniam and Dhiren Norendra (a lawyer) to help me. A police patrol car arrived to settle the matter.

DSP Musa later called me and said a police officer would call me to help me sort out my problem with the deceased.

On the morning of Oct 18, 2006, Azilah Hadri (one of the co-accused) called me and introduced himself as the police officer who was referred by DSP Musa to help me.

I subsequently met with Azilah. I told him that the deceased had caused a commotion at my house, and asked him to conduct patrols around my house.

On Oct 19, 2006, Balasubramaniam called me and told me that there was a commotion outside my house. I was out with my family. So I called Azilah for help.

Balasubramaniam told me that three plainclothes police officers came to my house... to take the deceased away.

On Oct 20, I bumped into DSP Musa. I asked him what happened the night before and DSP Musa told me Azilah did not tell him anything. - - The Straits Times

Two down, one to go, Zaid

‘…The Ketuanan Melayu model has failed… The founders envisaged a government for all Malaysians… The creation of Bangsa Malaysia is the challenge of establishing a united Malaysian nation with a sense of a common and shared destiny. This must be a nation at peace with itself, territorially and ethnically integrated, living in harmony and full and fair partnership, made up of one Bangsa Malaysia with political loyalty to the nation…How do we bring unity to the people if we are not prepared to respect their dignity? …The obsession with the Ketuanan Melayu dotrine has in fact destroyed something precious in us. It makes us lose our sense of balance and fairness…my parting message is this: The people of goodwill must continue to strive to bring about change, so that we can rebuild the trust of all Malaysians. From that trust, we can rebuild the country where we do not live in fear, but in freedom; that the rights of all Malaysians are acknowledged, respected and protected by the system of law that is just and fair. There is no quest more honourable and a struggle more worthy of sacrifice’ - excerpts from Zaid Ibrahim’s speech at the LawAsia 2008 conference yesterday.

These excerpts do not do justice to his speech, which deserves full reading. The full text, in pdf, is linked below.

zaid-speech

On 26th April, last year, I said this of Zaid Ibrahim in a post entitled ‘Zaid vs Nazri - The debate and my thoughts’ :

‘I think you have tried to bring about change in UMNO and BN so that it might begin to dismantle its race-based politics. I think you have tried to restore some semblance of constitutional order to this country. You have failed, not for want of trying, but because the politics of patronage so entrenched in BN cannot be broken simply because of the vested interests of its leadership…if you stood in my constituency in the next election as an independent candidate, you would get my vote. I think you have done enough to rightfully be addressed ‘Yang Berkhidmat” ‘.

Six months later, in another post entitled ‘YB Zaid, you don’t belong in UMNO’, I urged Zaid to :

‘…get out of UMNO, stand as an independent candidate in any constituency in the Klang valley of your choosing in the forthcoming general elections, and this blog will throw its support behind you’

Zaid did not contest in the 12th General Elections. He was dropped from UMNO’s list of candidates.

In April, this year, Pak Lah appointed Zaid senator as well as minister to lead in reforms to, amongst others, the judiciary.

I thought Zaid tried his best, but ran into a huge obstacle.

UMNO.

In September, Zaid resigned from his ministerial position, in protest of the government’s use of the ISA.

Yesterday, during the LawAsia conference, he also clarified that he had resigned his senator’s position.

I just sent the following sms to Zaid :

‘2 down, 1 to go. U quit as minister & senator. Now dump UMNO and lead anak Bangsa Malaysia’
(Harris Ibrahim)

Mahfuz persoal keputusan mahkamah yang selari dengan SMS Najib

Keputusan mahkamah yang dilihat memenuhi urutan peristiwa sebelum itu, terutama kandungan SMS Timbalan Perdana Menteri Datuk Seri Najib Razak, tidak membantu memulihkan kepercayaan rakyat kepada institusi kehakiman.

Malah, keputusan itu juga akan menyebabkan integriti Najib semakin dipersoal dan dipertikaikan.

Ketua Penerangan PAS Haji Mahfuz Omar membangkitkan perkara itu mengulas keputusan Mahkamah Tinggi Shah Alam semalam yang membebaskan penganalisis politik, Abdul Razak Abdullah Baginda dari tuduhan bersubahat membunuh ahli perniagaan Mongolia, Altantuya Shaariibuu.

"Keputusan mahkamah itu tidak membantu memulihkan kepercayaan kepada institusi kehakiman. Terlalu jelas keputusan itu memenuhi urutan peristiwa sebelum itu.

"Mengapa keputusan itu selari dengan kandungan SMS Najib kepada Shafie yang menyatakan "all is not lost" di awal penangkapan Abdul Razak dahulu?" tanya Mahfuz.

Dalam SMSnya kepada peguam Abdul Razak ketika itu Datuk Shafie Abdullah, Najib memberitahu "Pls do not say anything to the press today. i will explain later. RB will have to face a tentative charge but all is not lost".

Maksudnya, "Harap tidak beri apa-apa kenyataan kepada akhbar hari ini. Saya akan terangkan kemudian. RB (Razak Baginda) terpaksa menghadapi pendakwaan tentatif tetapi tidak semuanya hilang".

Najib tidak menafikan SMS tersebut adalah antara beliau dan Shafie.

"Mempertikaikan keputusan mahkamah tidak diizinkan undang-undang negara ini. Tetapi, rakyat tidak boleh disalahkan jika mereka enggan mempercayainya," kata Mahfuz.

Ahli Parlimen Pokok Sena itu juga tidak menolak kemungkinan keputusan membebaskan Abdul Razak itu akan menyebabkan integriti Timbalan Perdana Menteri semakin dipersoal dan dipertikaikan.

"Najib tentu tidak akan menolak peluang untuk menggantikan Abdullah sebagai Perdana Menteri.

"Tetapi, pernahkah Najib mengambilkira perasaan rakyat Malaysia apabila Perdana Menteri mereka dikait-kaitkan dengan pembunuhan Altantuya dan keputusan mahkamah yang dilihat selaras dengan kandungan SMS beliau kepada peguam yang sebelum ini terlibat dengan kes itu? Itu belum lagi diambilkira kes Sukhoi, Scorpene dan Eurocopter.

"Adakah Najib fikir mereka bangga dan gembira mempunyai Perdana Menteri seperti itu?" Mahfuz mempersoalkan.

Mengulas lanjut mengenai integriti kehakiman, beliau juga melihat kenyataan Ketua Hakim Negara baru yang dipertikaikan perlantikannya sebagai kenyataan tidak bermakna.

"Hanya cakap sahaja yang boleh didengar tetapi tidak ada perlaksanaan untuk dilihat," kata beliau.

New politics of “Beyond NEP”

(Limkitsiang)I am still recovering from my shock in Parliament on Thursday night when the Minister in the Prime Minister’s Department, Datuk Amirsham Aziz former CEO of Maybank, pleaded ignorance when I asked him whether he agreed that the New Economic Policy (NEP) cannot be equated with Article 153 of the Constitution. Amirsham claimed that he was no expert on constitutional law!

It is outrageous that after more than half-a-century of nationhood, Barisan Nasional (BN) Ministers and leaders cannot or dare not answer a simple question – whether they agree that the NEP cannot be equated with Article 153 on special provision for Malays and the bumiputeras in Sabah and Sarawak.

As I argued in Parliament when I posed the question to Amirsham, if NEP is equated with Article 153, then Deputy Prime Minister-cum-Finance Minister, Datuk Seri Najib Razak would be guilty of challenging Article 153 and Malay special rights when he told Bloomberg recently that “all the elements of NEP” would be phased out in stages, adding “If we do not change, the people will change us”.

The NEP had been a divisive instrument in nation-building, even more so today, as it is being used to benefit rich and privileged Umnoputras rather than the poor bumiputras.

Amirsham was unable to give any satisfactory response to my contention that the methodology used by the Economic Planning Unit (EPU) to compute bumiputera equity figures was obsolete and unreliable, as Amirsham admitted that the EPU methodology used the par value of the shares some 40 years ago in 1970 and the calculations excluded equity data from GLCs.

Independent professional studies have shown that the target of 30% bumiputra equity ownership had been fulfilled, for instance:

· the Asian Strategy and Leadership Institute (Asli) report by Prof. Dr. Lim Teck Ghee putting bumiputera equity ownership at about 45 per cent; and

· the University of Malaya research study entitled “Bumiputeras in the Corporate Sector – Three decades of performance 1970-2000”, by Dr. M. Fazilah Abdul Samad that the 30 percent bumiputera equity ownership as targeted under the government’s New Economic Policy had already been achieved about a decade ago when it hit 33.7 percent in 1997.

The NEP has become not only a source of national discord and disunity but an important factor causing inefficiency, waste and corruption as well as inhibiting Malaysia’s economic growth and development.

After the March 8 “political tsunami”, Malaysia must move into the new politics of “Beyond NEP” to create an united, just, competitive, progressive and prosperous Malaysia.

I fully agree with the article in the Star yesterday entitled “Remove equity target”, by P. Gunasegaram, giving three reasons why the BN Government should do away with the equity target for bumiputra ownership of companies under the NEP, viz:

1. The measurement itself is fatally flawed.

2. As it is structured now, it involves too low a proportion of bumiputra population and leads to the well-known Ali Baba syndrome where the bumiputra participation is in name only while non-bumiputras run virtually the whole show.

3. It puts far too much emphasis on an ephemeral, badly measured target at the expense of other, far more encompassing and important aims of the noble NEP, which include the eradication of poverty irrespective of race and the restructuring of society to eliminate the identification of race with economic function.

The message from the March 8 political tsunami is clear – the time has come for all Malaysians to rise above their differences to make a success of a Malaysian-centric nation-building programme and national economic policy which goes “Beyond NEP” to create a Bangsa Malaysia out of the diverses races and religions in the country.

(Speech 2 at the opening of the 2008 DAP Federal Territory State Convention at the Federal Hotel, Kuala Lumpur on Sunday, 2nd November 2008)

Misbehaving of UMNO Puteri

In Bukit Tinggi near Telok Gadong Umno puteri meeting at 11pm.

End up in fighting with 2 petrol cars. They fight among each other, 2 petrol cars came and stop. They were fighting in a restraunt and created chaotic situation. The road was congested for about an hour. It was at its peak at midnight. Some of the supporters was shouting and yelling.

The supporters of Khairy and Mukhriz got angry and argued and street fight begun outside and inside a restraunt.Chairs and tables scattered all around. Yet the news is unclear for further details.

From Jan to Sept, police chastised in 20 per cent of public complaints

About 1,200 complaints received by the Public Complaints Bureau (PCA) in the first nine months of the year, chastised the police.

The rebuke on the force was for general inaction when responding to public complaints.

The complaints made up about 20 per cent of the total 6,079 complaints lodged with the bureau between January and September, this year, said PCA deputy director-general (complaints division) Md Zin Musa today.

He said the complaints, among others, alleged that the police did not give appropriate responses to public complaints.

According to some of the complaints, the police even failed to perform enforcement duties, added Md Zin.

He noted that the public’s high expectation of the force was normal as some even expected the police to retrieve their stolen cars within a day.

“However, the public should understand that each police investigation takes time and the police could be facing staff shortage,” said Md Zin.

Speaking to reporters after the launch of the public complaints mobile counter here today, Md Zin said 42 per cent of the complaints involved late responses from 724 government agencies and local authorities.

Nevertheless, the deputy director-general viewed the complaints as ’favouring’ his bureau.

He said the increased number of complaints this year as compared with 5,000 complaints received for the same period last year, indicated the public believed the bureau could solve their problems.

“About 79 per cent of the complaints have been resolved so far, and we are optimistic in beating last year’s success rate of 89 per cent by the end of the year,” added Md Zin.

- BERNAMA

Our 'Noble' Police Force

By: victorchew46

A police is a person authorised to ensure that law and order is maintained, therefore a police force is the organization that is entrusted to ensure that people keep to the law. This is done, usually by being present in full uniform for all potential law breakers to see, or in disguise to nap potential law breakers. This is seldom the case in Malaysia.

When do you see policemen in large numbers? On parade during Independence Day Ceremonies! When there are a few people protesting in our streets for some causes! They are around in large numbers in uniform and in plain clothes when VIPs are around. O yes, when it comes to catching traffic offenders they are always around! However, when it comes to being around a crime-prone area like Chow Kit, they make a hasty retreat to find better locations for their police post! In other words, when you want them, they are not to be found!

The FRU members spend a lot of time polishing their shoes, helmets, batons, shields, teargas guns, tear masks, water cannons and what have you, most of the time unless some ‘violent’ fellows choose to gather for a candle vigil or to hand over a letter to a VIP. Then they show up in large numbers to protect us from these ‘violent’ fellows! Bravo! These people, like in Hong Kong and elsewhere, should be sent in squads to patrol ‘dangerous’ areas where criminals congregate to do their nasty business like robbing poor women, operating illegal gambling and bookkeeping dens, vice dens, etc. Their training in ‘brutality’ fits them to teach these unlawful people a touch lesson! Yet they are not found in such areas? Why? Are they kept in reserve for impending riots all the time? Are riots so frequent that they cannot be taken off base and must be ever ready all the time?

Any MP out there, please ask this questions on the people’s behalf so that we can understand our Police Force:

1. How many crime investigating officers we have?

2. How many traffic police do we have?

3. How many policemen go on foot patrol and where?

4. How many patrol cars we have and how many officers are in them at one time?

5. How many ‘office staff police officers we have’?

6. How many officers are the in our FRU?

7. How many Special Branch officers we have? (If not classified!)

8. How many PVR (volunteer police personnel) do we have?

9. How many go on active Religious Affairs raids?

10. How many police personnel are used for protecting, escorting VIPs?

11. How many police officers have died or been wounded in the line of duty arresting criminals?

12. How many police personnel had been charged fro bribery in the last 5 years?

13. What is the optimal number of police personnel needed actually in Malaysia?

Ask the Home Minister these questions. It is always interesting to hear him speak for he makes the greatest laughable statements all the time!

When we have so many road accidents, we faithfully carry out OPS SIKAP (latest count 18). Then police officers gloat about the few deaths and the increase summonses issued! When we have snatch thefts cases, robberies, rapes, kidnaps, blowing up of ATM machines, housebreaking, car and motorcycle thefts, white crimes, blackmails, illegal factories, vice dens, illegal gambling dens, cybercafés disguised gambling dens, etc. what major regular operations do we have? What about an OPS RAGUT ranging from 1 to a million?

Our police force is very selective in doing its work. Please do something to restore our confidence in you! We have read of members of the public acting when a snatch theft occurred, seldom of a police officer on duty doing so. We have read of citizens dying in trying to apprehend snatch thieves but is there a case of a police officer dying to catch one such thief?

The press is trying to give you all good publicity. You display weapons captured, arranged so neatly for the press photographers. You show stacks of money and drugs confiscated (some go missing in your custody, right?). Why all these man? If only you show your faces around when we most need you to prevent us simple folks from being robbed in our streets, in our so-called safe homes and in our cars, we will be most thankful.

- Citizen's Blog at The Star

Comment from Malaysia today

...
written by cheekymate, November 01, 2008 17:17:11
Can I add one more question? How many police officer has NEVER taken a bribe?

Please arrest all Malaysian Indians except MIC members

Yes sure, we are against the just and fair laws that are in existence in Malaysia. We create kecoh, we are a nuisance and most importantly, we are a non-existent segment of the society.

Please incarcerate us and educate us that the UMNO-led government is all fair and equal where the Malaysian Indians are just a bunch of trouble-makers and underclassed society that deserves its place in the dungeon.

Yes, the Malaysian Indians through its cause to highlight racial injustice is the cause for society illness in the eyes of the Malaysian government. Yes, we, the Malaysian Indians are classified as undignified and pariahs of Malaysia so we can be tossed around without a care for we are not part of the society that matter.

Yes, the Malaysian Indians are so run down and depleted that nobody cares that the policies and the system has monopolized the minds of those in the Malaysian government and its society to prostitute everyone on the grounds of race, religion, color, creed and thereby against humanity and fair play.

Yes, the Malaysian Indians are always being trampled by the UMNO-led government. Who cares? We can always do without a Malaysian Indian in Malaysia as they are disposable for their own good.

Yes, it matters not if the Malaysian Indians are made the scapegoats of all crimes, it does not matter what they have contributed in the past but how well it augurs the mindset of Malaysians and the propaganda orchestrated by the UMNO-led government.

The blaming game is never over for the purportedly level-headed Malaysian. Today, the blaming game is religion, color and creed. Following that, we have fear and intimidation. Such a sorrowful state we are in when humanity begs an answer.

Yes, the Malaysian Indians are such a disgraceful segment of the Malaysian society for the Almighty government and its kuncu-kuncu that it should not even warrant any comment, let alone a voice to address their grievances for humanity and fairness.

Sleep well my Dear Malaysians as this is the reality for your perception against truth and reality.

R. Shan (Human Being) - This is MY perception. What is yours?

Hindraf may re-emerge as a political force

The federal government ban on Hindu Rights Action Force (Hindraf) may pave the way for disgruntled ethnic Indians into championing their cause through political platforms.

MCPX

The ban has resulted in Hindraf’s key leaders mulling how the movement and its 100,000 followers could play a role in the Pakatan Rakyat coalition.

It has been suggested that Hindraf followers can join either DAP, PAS or PKR en bloc or form a separate political entity and join Pakatan as equal partners.

These suggestions were made during a meeting last week of some 100 Hindraf coordinators from across the country to discuss the post-ban scenerio.

It was agreed in principle during the meeting that the movement now needed a stronger platform to continue their struggle and air their grievances.

Hindraf state coordinators are now gathering feedback from grassroots on the issue.

Although Hindraf followers are not completely satisfied with the performance of Pakatan elected representatives in handling problems faced by the Indian community, the coalition is still favoured against the Barisan Nasional.

“Pakatan is the lesser evil than BN,” one Hindraf leader told Malaysiakini.

Pakatan not perfect

Penang Hindraf deputy coordinator Sanjeeviramah Subramani noted that some Indian elected representatives in Pakatan-ruled states of Kedah, Penang, Perak and Selangor have failed to live up to expectations.

"Penang reps fared the worst compared with others and some have even backstabbed and badmouthed Hindraf after riding on the Makkal Sakti wave to success in the last general election.

"Nonetheless, Hindraf needs a platform to champion its cause and the current ideal solution is to join a vibrant political front like Pakatan," he said.

Should Hindraf supporters join forces with Pakatan, the movement would still be guided by its 18-point memorandum submitted to the government last year.

Hindraf, which was never a registered body, was banned by the Home Minister early last month after its activists paid a visit to Prime Minister Abdullah Ahmad Badawi's Hari Raya open house.

The ban was seen by Hindraf supporters as a form of revenge by the BN after the movement was widely credited to have triggered a revolt against the coalition during the March 8 general election.

Watha: Ban futile

It is believed that the majority of Hindraf supporters would prefer to form a new political party and join Pakatan, but they fear that a registration process would be hampered by the Barisan government.

By joining en bloc in a single Pakatan coalition, Hindraf supporters are also hoping to break up Indian-based parties such as MIC, PPP and IPF by wooing their members.

In his email to Malaysiakini, Hindraf London-based leader P Waythamoorthy said the organisation cannot be stifled with a mere ban.

He warned that Hindraf would follow the Hindu universal laws on darma, karma and reincarnation to re-emerge as a forceful movement for Indians and Malaysians in general.

"Hindraf would soon emerge in a new body, a much energized and energetic human rights force which would lead us to greater democratic heights.

"The government can ban Hindraf, but not the Makkal Sakti fervour," said the Waytha Moorthy who is in self-imposed exile in London following a government crackdown on Hindraf in December last year.

Pas denies racism, sexism for opposing PKNS boss

SHAH ALAM, Nov 1 - Denying racism or sexism for opposing Low Siew Moi's appointment as PKNS general manager, Pas Selangor commissioner Datuk Hassan Ali said it preferred "new blood" to manage the state corporation.

"I am prepared to support the appointment of a new PKNS general manager even if the person is not a Malay or a man, as long as they are professional and can provide a better future for PKNS," Hassan told the Siasah Daily news portal yesteday.

Hassan said his opinion was based on allegations that attacked the character of Low, who was corporate and accounts deputy general manager, and just-retired PKNS general manager Datuk Harun Salim.

His deputy, Shah Alam MP Khalid Samad, concurred that PKNS needed new blood.

"If we say that the PKNS management is bad, then I assume Madam Low is also bad as she is one of the senior managers there and not because she is not Malay. Anyone can lead PKNS as long as they understand its policies and aims and follow directives from the board led by the Menteri Besar," Khalid said.

"We don't want to appoint a Malay only to see the person not performing and causing Pakatan Rakyat trouble," he added.

Selangor Menteri Besar Tan Sri Khalid Ibrahim who appointed Low, a 35-year-veteran in PKNS, had said her new post was just a temporary measure. The 57-year-old Low has a one year contract starting today.

Her appointment had not only upset Pas but also did not go down well with the corporation's staff. At the Selangor State Assembly early this week, their representatives, led by PKNS Senior Officers Association president Idris Ishak, submitted a memorandum of protest to Khalid during the recess.

Hassan, who disclosed that Khalid had agreed to consider other candidates, said he had asked Khalid why the two most senior officers — Deputy General Manager (Administration) Md Nasir Md Arshad and Deputy General Manager (Technical) Abdul Ghani Hassan — were not appointed to succeed Harun.

He said Khalid had told him that Low was appointed because of her professionalism and administrative ability but Pas was of the view that the two deputy general managers had their own strengths and should have been considered for promotion.

Hasan said Khalid wanted the new general manager to bring reforms to PKNS and dignify the rights of bumiputeras in trade, business and economy in urban areas, town outskirts and new development areas despite the fact that Low was not a bumiputera.

He said Pas would hold a meeting soon to look at the list of party members who could take PKNS to greater heights.

Mahfuz questions Razak Baginda's acquittal

KUALA LUMPUR, Nov 1 - Abdul Razak Baginda's acquittal in the Altantuya Shaariibuu murder trial will not help people trust the judiciary as the decision mirrored the outcome in a string of text messages from Datuk Seri Najib Razak, Pas information chief Mahfuz Omar said today.

He said the court decision yesterday will lead people to further question and dispute Najib's integrity, referring to an exchange of text messages between Najib and lawyer Muhammad Shafee Abdullah on Razak's fate.

Najib has said that the messages to Shafee, who was Razak's initial lawyer when he was arrested in November 2006, were private and did not constitute an abuse of power.

"The court decision will not help increase trust in the judiciary. It's obvious the decision has followed the text messages between Najib and Shafee that said 'all is not lost' at the start of the case," said the Pokok Sena MP.

One part of the text messages, first revealed by the Malaysia Today news portal last month, said "Pls do not say anything to the press today. I will explain later. RB will have to face a tentative charge but all is not lost."

"Questioning a court decision is not allowed by law but the people cannot be faulted if they don't believe it," Mahfuz said.

He added that while Najib will not refuse to succeed Prime Minister Datuk Seri Abdullah Badawi next year, he should consider the feelings of Malaysians in the matter.

"Has Najib ever taken into consideration the feelings of Malaysians if their Prime Minister is connected to Altantuya's murder and the court decision is in line with his SMS to the lawyer? We haven't even talked about the scandals over the Sukhois, Scorpenes and Eurocopter," he said, referring to defence contracts that the opposition say are crooked deals.

"Does Najib think Malaysians will be proud and happy to have such a Prime Minister?" Mahfuz asked.

Even more imperative Najib submit himself to RCI to clear him of all allegations from murder to corruption

Shah Alam High Court judge Datuk Mohd Zaki Md Yasin yesterday acquitted political analyst Abdul Razak Baginda of the charge of abetment in the murder of Mongolian Altantuya Shaariibuu on October 19, 2006 on the ground that no evidence was adduced by the prosecution to contradict or challenge the exculpatory parts of Razak’s affidavit in his earlier unsuccessful bail application.

The judge said: “In the absence of the rebuttal evidence against the statements, coupled with the fact that there is no legal onus for Razak to rebut any statutory presumptions, there is clearly no reason for the statements to be ignored and rejected”.

Most Malaysians are baffled by the very technical reason for the acquittal.

While it would not be right for anyone to prejudge the guilt or innocence of any person in the murder of Altantuya, the fact of the abominable and heinous murder of the Mongolian translator, shot twice in the head in a jungle clearing in Shah Alam and blown up with C4 explosives available only to the military, setting off political, diplomatic and international reverberations that have not subsided , is a fact that cannot be extinguished.

With the acquittal of Razak Baginda in the murder of Altantuya Shaariibuu, it is even more imperative that the Prime Minister-in-waiting Datuk Seri Najib Razak should submit himself to a Royal Commission of Inquiry on all the allegations ranging from murder to corruption dogging and haunting him and Malaysia.

I reiterate my call during the debate on the 2009 Budget in Parliament for a Royal Commission of Inquiry to investigate and clear Najib of all the allegations made against him so that he could take over as the sixth Prime Minster of Malaysia next March unencumbered by the weight of grave and serious allegations against him – whether locally or internationally.

Najib had all along pleaded innocence to all the allegations. He should all the more support the establishment of a Royal Commission of Inquiry which can more credibly and authoritatively vindicate his innocence.

If Najib is still unprepared to agree to the establishment of a full-fledged Royal Commission of Inquiry to clear him of all the allegations ranging from murder to corruption haunting and hounding him, I would expect him to make a fulsome statement in Parliament on all these allegations when he speaks in the Dewan Rakyat for the first time as Finance Minister and Prime Minister-in-waiting on Tuesday (November 4) during the government reply on the 2009 Budget debate, when he is to announce the government strategy for the country for the global financial meltdown and the world’s worst economic crisis in 80 years.

Razak Baginda’s “exculpatory statements” -

- Even though I had appointed P. Balasubramaniam, the harassment by Altantuya against my family and I did not stop. Hence, I asked DSP Musa Safri for help. I know Musa from my business dealings at the Malaysian Strategic Research Centre, a non-profit organisation.

- I asked DSP Musa for help to install a police beat box at my house and increase patrols in the area. I also sought help to be introduced to a police officer from the Brickfields police station as my house was under their jurisdiction.

- DSP Musa told me that he would introduce me to an officer who would help me.

- On Oct 26, 2006, in a meeting with Balasubramaniam and Dhiren Norendra (a lawyer), Balasubramaniam advised me to lodge a report to deport the deceased (Altantuya) from Malaysia. Dhiren and I refused.

- On Oct 17, 2006, the deceased came to my house and wanted to meet me. I was not at home at that time, and my wife learnt of her visit.

- On the night of Oct 17, 2006, I was at home with my family and there was a commotion outside the house.

- I called DSP Musa’s handphone but I could not get through. So I called Balasubramaniam and Dhiren to help me. As a result, a police patrol car arrived to settle the matter. I did not lodge a police report and Dhiren never advised me to do so.

- DSP Musa later called me and said that a police officer would call me to help me sort out my problem with the deceased. According to DSP Musa, the officer who would be calling me was the Brickfields district Criminal Investigation Department chief.

- On the morning of Oct 18, 2006, Azilah Hadri called me and introduced himself as the police officer who was referred by DSP Musa to help me with the harassment by the deceased.

- I subsequently met with Azilah at my office. I told him that the deceased had caused a commotion at my house, and asked him to conduct patrols around my house. I gave him my house address, my father’s name, the deceased’s name, “Hotel Malaya”, and where she stayed, based on the information given to me by Balasubramaniam. I also told Azilah that I had engaged Balasubramaniam and gave him his name and number. Before he left my office, Azilah asked me to contact him if she harassed my family and me again.

- On Oct 19, 2006, Balasubramaniam called me and told me that there was a commotion outside my house. I was out with my family at that time to break fast. So I called Azilah for help.

- Balasubramaniam told me that three plainclothes police officers came to my house in an unmarked car to take the deceased away. I believed they had taken her to the police station for interrogation.

- On Oct 20, 2006, I went to the deputy prime minister’s office for official duties and bumped into DSP Musa. I asked him what happened the night before and DSP Musa told me Azilah did not tell him anything. Several days later, I asked DSP Musa about the deceased, but his answer remained the same.

Free to tell all, Razak?

Razak with his wife outside the court soon after he was acquitted yesterday.

COMMENTARY

NOV 1(themalaysianinsider) — Abdul Razak Baginda is a free man. But he and his close friend Datuk Seri Najib Razak and family are still not free from the allegations and suspicions that swirl around the murder of Mongolian model Altantuya Shaariibuu.

Since his arrest two years ago, allegations have cropped up particularly in the blogosphere about him, Najib, defence deals and Altantuya complete with lurid details, conjecture and photo-shopped photographs.

His statutory declaration revealed some details of an affair with Altantuya while his private investigator P. Balasubramiam's two sworn statements contradict each other but have put more pressure on Najib. A string of text messages said to be between Najib and Razak's first lawyer Datuk Muhammad Shafee Abdullah has also implied political intervention.

Najib has denied all the allegations but has not sued anyone. Malaysia Today news portal editor Raja Petra Kamarudin is being held under the Internal Security Act while facing criminal charges of defamation and sedition tied to Altantuya's murder as most of the allegations surfaced on his website.

The key to the entire imbroglio is Razak.

But the 48-year-old political analyst has been tight lipped since Shah Alam High Court judge Datuk Mohd Zaki Yasin concluded that the prosecution failed to prove a prima facie case of abetment against him.

"Alhamdulillah. I am fasting today to express my gratitude," Razak told reporters when met outside his house in the leafy Bukit Damansara suburb of Kuala Lumpur.

But he can also express his gratitude by revealing details that were not covered in his statutory declaration and possibly clear the air and his friend Najib from the stench of suspicion.

And Razak can also rebut the contents in private investigator Bala's first statutory declaration that opposition leader Datuk Seri Anwar Ibrahim first revealed last July 3 and which Bala recanted a day later.

Bala and his family have now disappeared from view, leaving behind a bigger mystery than his two sworn statements.

Now the only one remaining who can clear the mystery is Razak, the affable, suave political confidante of Najib. The Kings College graduate in War Studies should also shed light about his involvement in the Scorpene submarine deal that the opposition claims is a crony deal and related to Altantuya's murder.

He might be facing a civil suit for the death of Altantuya but that should not stop him from doing justice for his friends.

Now that he is free, he must tell all. That is only fair.

DAP wants Najib to answer on Eurocopter deal

Lim says the PAC should summon the DPM to appear.

KUALA LUMPUR, Nov 1 — Despite the billion-ringgit Eurocopter deal being called off last week, DAP supremo Lim Kit Siang today demanded that the Public Accounts Committee summon Deputy Prime Minister Datuk Seri Najib Razak to explain the controversial purchase.

The PAC met for two days this past week over the RM1.607 billion contract for 12 Eurocopter EC725 Cougar military helicopters, calling several senior officials from the Defence and Finance ministries to provide answers. The inquiry continues next week and will question Finance Ministry secretary-general Tan Sri Wan Abdul Aziz Wan Abdullah who failed to turn up on Thursday.

"The Public Accounts Committee should summon Deputy Prime Minister Datuk Seri Najib Razak to its Eurocopter hearing and not just call up civil servants as he was the Defence Minister at the time of the critical decision-making before the ministerial swap with Prime Minister Datuk Seri Abdullah Ahmad Badawi on Sept 17," Lim said in a press statement today.

He questioned the decision not to call Najib, saying that the former Defence Minister would have been asked to appear if the PAC was headed by an opposition member. The current PAC chairman is Datuk Azmi Khalid, who used to be a minister.

"The PAC chairman Datuk Azmi Khalid should not be browbeaten or influenced by both the Prime Minister and Deputy Prime Minister who had clearly hinted that the PAC should not create waves in its inquiry, as Abdullah has dismissed the three sets of different pricing for the Eurocopter deal given by the government as ‘academic’ while Najib has sought to ridicule the opposition for ‘making a meal’ of the Eurocopter procurement," Lim said.

He said the inquiry was not academic as it raised "very grave issues about propriety, accountability and professionalism in the decision-making process, whether at the technical, offset or price stages, especially when it is now established that the government had not conducted physical and specification inspections of the three shortlisted aircraft — the Cougar EC725, Sikorsky S92 and AgustaWestlands AW101."

"Najib should appear before the PAC fully armed to justify the procurement of the Eurocopters without any physical evaluation and test flights, citing previous instances in the Defence Ministry of such exemptions or even cases of other governments buying billion-ringgit aircraft without any test flight.

"Otherwise, how is Najib to rebut serious charges that the Defence Ministry had acted in a most irresponsible manner in the procurement process in trifling with the lives and safety of RMAF personnel who would have to use the new helicopters?" Lim asked.

He also slammed Abdullah for saying the price would be renegotiated again when the government finally buys the military helicopters, which are slated to replace the RMAF’s 28 ageing Nuri Sikorsky S-61A transport helicopters.

"The implication is very clear: the choice is still the Eurocopters! This makes all the preceding transactions in the helicopter tender, in particular on technical, offset and price, all very relevant, as well as warranting a full explanation from Najib as to why the government is ‘locked in’ to the Eurocopter offer in future instead of calling a completely new international tender open to all interested aircraft manufacturers," he said

RPK, PI Bala among key witnesses for Altantuya trial

KUALA LUMPUR,(themalaysianinsider) Nov 1 — Two members of an elite police unit charged with the murder of Altantuya Shaariibuu will enter their defence when the trial reconvenes Nov 10 — and they plan to summon a prominent blogger, a private investigator and an aide to Datuk Seri Najib Razak as witnesses.

If the court allows Azilah Hadri and Sirul Azhar Umar to call these witnesses, it could certainly lead to more explosive trial, and answer some of the nagging questions about the murder of the Mongolian model.

Azilah ,32, and Sirul, 37, stand accused of killing Altantuya in 2006 in a jungle in Shah Alam, outside Kuala Lumpur. Both have chosen to testify under oath in making their defence.

Judge Mohd Zaki Md Yasin yesterday also dismissed applications to leave out confessions by both men.

The prosecution says Azilah had led police to the scene where Altantuya was shot and her body blown up, while her jewellery was found in Sirul's apartment.

The Straits Times reported that the two looked calm and composed in court yesterday, but their family members cried following the court's decision.

A teary-eyed Azila Baharuddin, who is Azilah's fiancee, told The Straits Times: “What can we do? We will have to face it. He is not guilty, so we will fight it. We still have a chance.”

Sirul's counsel Kamarul Hisham Kamaruddin said they plan to call two witnesses — private investigator P. Balasubramaniam and prominent blogger Raja Petra Kamarudin, who is currently being held under the Internal Security Act.

Raja Petra is also currently being tried for alleged sedition over an article posted on his website alleging that Najib and his wife were involved in the murder.

Azilah's lawyer Hazman Ahmad was quoted as saying by The Sun daily that they plan to call four witnesses, including Najib's aide-de-camp Musa Safri.

According to an affidavit filed by Abdul Razak Baginda, Musa introduced him to Azilah. If found guilty, both men face the death penalty.

PEGUAM BELA CADANG RAJA PETRA DAN BALA JADI SAKSI - malayau

SHAH ALAM 31 Okt. - Peguam Kamarul Hisham Kamaruddin yang mewakili Koperal Sirul Azhar Umar memaklumkan kepada Mahkamah Tinggi di sini bahawa pihaknya bercadang memanggil pengendali laman blog Malaysia Today, Raja Petra Kamarudin yang kini ditahan di bawah Akta Keselamatan Dalam Negeri (ISA) sebagai saksi.

Beliau memaklumkan perkara tersebut ketika Hakim Datuk Mohd. Zaki Md. Yasin bertanya siapakah saksi-saksi yang akan dipanggil oleh pembelaan.

Menurutnya, beliau mencadangkan Raja Petra sebagai saksi berikutan dia pernah membuat akuan bersumpah membabitkan kes bunuh wanita Mongolia, Altantuya Shaariibuu.

Selain Raja Petra, peguam tersebut berkata, pihaknya turut bercadang memanggil semula penyiasat persendirian, P. Balasubramaniam sebagai saksi tetapi tidak pasti sama ada boleh berbuat demikian kerana beliau tidak tahu di mana lelaki itu kini berada.

Balasubramaniam menghilangkan diri selepas menarik balik akuan bersumpah yang diikrarkannya berhubung kes bunuh Altantuya.

kah kah kah…. raja petra?…. kah kah kah…. balasubramaniam?..... kah kah kah….

ini teater…. ini sandiwara… kah kah kah tujuan untuk nak sedap hati rakyat kah kah kah...

jangan orang ramai marah pada mat mongol kerana razak bebas…. kah kah kah….

kenapa sekarang baru nak bawa?.... kah kah kah…. bila lanun besar dah lepas?….kah kah kah…

napa tak panggil bala jadi saksi dulu lagi... kah kah kah… kan bala kata najib entot entot altantuya… kah kah kah…. kan bala kata razak dapat entot entot lepas najib…. kah kah kah…

pdrm nak minta interpol tolong cari bala… apa cerita? …. kah kah kah… sampai kiamat tak jumpa…. kah kah kah…tanya bik mama mana bala…. kah kah kah

raja petra pun TIDAK akan di panggil…. PERCAYALAH ….. ini sandiwara….mesti hakim kata tak jumpa raja petra.... tak tahu mana rumah raja petra....kah kah kah

bala?.... kah kah kah.... lagi tak tahu.... kah kah kah

Zaid Ibrahim resigns as senator

By Elizabeth Looi
elizabethlooi@thenutgraph.com

KUALA LUMPUR, 31 Oct 2008: Former de facto law minister Datuk Zaid Ibrahim has resigned his position as senator.

Zaid, in announcing this at the start of his speech today at the Lawasia 2008 Conference here, said he had been asked to resign by the government.

"I was asked to resign as senator after I stepped down as minister. So I thought it was only appropriate for me to quit as senator as well," he said.

When contacted later, Zaid, a lawyer by training, said he submitted his letter of resignation two weeks ago.

He had previously stated his intention to continue as a senator and keep pushing for law reforms. In a Bernama report on 17 Sept, Zaid said he would apply the necessary expertise and experience he had gained in the legal arena to carry out changes to the country's judiciary.

Zaid, a former member of parliament (MP) for Kota Baru, did not contest in the 8 March 2008 general election.

But he was appointed a senator by Prime Minister Datuk Seri Abdullah Ahmad Badawi on 18 March and made minister in the prime minister's department, in charge of legal affairs and the judiciary.

During his tenure, he tried to spearhead judicial reform, but found little support among his colleagues in the cabinet.

He resigned as minister on 15 Sept over the use of the Internal Security Act (ISA) to detain blogger Raja Petra Kamarudin, Seputeh MP Teresa Kok and Sin Chew Daily reporter Tan Hoon Cheng on 12 Sept.

Kok and Tan were later released