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Saturday, 21 February 2009

RPK not landing up in Kamunting tomorrow

In a surprising development, RPK announces that he will not be landing up in Kamunting tomorrow. This might mean that he could still be free to campaign in the by-elections in April - a prospect Najib will not relish:

… lo and behold, my lawyers just called to say that my appeal against the three-member Federal Court’s decision to reject my four applications is going to be reviewed by another quorum of judges. I suppose that would mean the Federal Court will not be able to send me back to Kamunting on Monday after all — at least not until after the judicial review, and only if the second quorum of judges upholds the Federal Court’s decision. If the judicial review is of the opinion that the Federal Court had erred, or was indeed biased, then back to the drawing board we go. I will then be able to get a second bite of the cherry.

Hmm….my ‘Bon Voyage to Kamunting’ party tonight is instead going to be a celebration party after all. We appear to have at least been able to delay my departure, even if ultimately I am still going to lose. I suppose winning one battle is good enough at this stage even if I am not going to win the war in the end.

Okay folks, let’s party. I have been given a few extra days of freedom. And if things work out well in the end, I might still be around to campaign fo

Anwar claims evidence on Kulim

Car 'n cows: S'gor MB could be charged

Nizar to vacate MB’s official residence tomorrow

IPOH, Feb 21 —Datuk Seri Mohammad Nizar Jamaluddin will vacate the Perak menteri besar's official residence here tomorrow but will only hand over the keys on Friday.

His special officer Amran Harun said the keys would be handed over in accordance with a letter from Perak State Secretary Datuk Dr Abdul Rahman Hashim.

"Until then, we will hold religious events including hajat and tahlil prayers at the residence. We will be handing over the keys on Friday as stated in our letter last week," Amran told Bernama today.

Mohammad Nizar will shift to a rented house in the state capital, said Amran, adding that "let us keep the location a secret for security reasons and to respect his family."

He said Nizar's furniture and souvenirs had already been shifted to his house.

"We thank the media for the coverage since the takeover of the state government on Feb 4. As gratitude, we are inviting the media to a special function at 10am tomorrow," said Amran. — Bernama

Zambry confident ‘people will come to their senses’

Zambry is aware that public sentiment is against him. — Picture by Choo Choy May

By Shannon Teoh-The Malaysian Insider

IPOH, Feb 21 — Acknowledging that there is negative sentiment against him from the ground, Perak Menteri Besar Datuk Dr Zambry Abdul Kadir has lashed out at Pakatan Rakyat for "poisoning the minds of the people".

But the Pangkor assemblyman, who has been in power for just over two weeks, is confident that "the people will come to their senses" after assessing the situation objectively.

He said this to The Malaysian Insider in an exclusive interview yesterday when pressed on whether snap elections would present a clear picture of who Perakians wanted in government following the Feb 5 power grab by Barisan Nasional.

It has led to a constitutional crisis and an impasse that many say can only be resolved by going to the polls but Zambry insists that the call by PR to dissolve the assembly only begun after it realised that BN had the majority.

"I do not think snap polls will solve the matter at this juncture. The way they have gone to the ground and created tension has created a volatile situation," he said, citing the episode when protestors laid down in front of the palace in Kuala Kangsar in an attempt to block his swearing in as menteri besar.

"I do understand the feeling on the ground. But I think people will come to their senses because this is due to them poisoning the minds of the people so they seem to be slanting towards them," he insisted.

Zambry questioned why his predecessor Datuk Seri Nizar Jamaluddin had not wanted to dissolve the assembly right from the start.

"He said in the beginning, why should we dissolve? If you feel that people support you when you are menteri besar, then you do it. When you have lost your office, then you go around making demands," he said.

Zambry added that PR's stand that it is not up to the Sultan to appoint a menteri besar betrayed a duplicity.

"They were fighting among themselves to see who would be menteri besar, but then agreed that Tuanku would pick, so they knew that the power of appointment lies with the Sultan," he said.

Zambry further added that at that point, PR assemblymen each went to commit to the coalition before the Ruler and BN had done the same, and not just by BN deputy chairman Datuk Seri Najib Razak, who masterminded the takeover, claiming he had the majority.

Referring to the situation after the March 8 general election last year, he said that as BN had 28 assemblymen, it could have been allowed to form a minority government as DAP had only 18 members, PKR, seven, and Pas, six.

He claimed that the Sultan could have allowed for a floor test period, a convention in certain legislative bodies, whereby parties could try to form a coalition with the most number of seats.

Zambry said that this clearly disproved the belief that Sultan Azlan Shah was in favour of an Umno-led government.

"If the Sultan was behind us, we would have been given this floor test period. But in his fairness, Tuanku told us that PR had 31, so they would form government," he said.

The menteri besar also stood by his view that PR was committing "derhaka" or treason towards the crown.

"It is real derhaka. You may argue that Umno has also derhaka before this but it was never to this extent.

"In Terengganu, after it was resolved, we accepted the decision of the Sultan and we never went to the extent of telling Tuanku, ‘patik mohon derhaka’," he said referring to the dispute over who should be Terengganu MB after the 12th general election in which Datuk Seri Idris Jusoh was sidelined by the palace in favour of Datuk Ahmad Said.

Cops quiz Samy Vellu over MIC college probe

KUALA LUMPUR, Feb 21 — Federal police in Bukit Aman and the Malaysian Anti-Corruption Commission (MACC) are investigating MIC's education arm, Maju Institute of Educational Development (MIED), an entity entrusted to construct and run the political party's Asian Institute of Medicine, Science and Technology (AIMST).

Police also earlier this week met MIC president Datuk Seri S. Samy Vellu over the case.

Bukit Aman commercial crime division director Datuk Koh Hong Sun today confirmed that his department had begun investigations into the construction and maintenance of AIMST, which saw its initial cost estimate of RM230 million balloon to RM500 million at the end of the construction period early last year.

AIMST, located in Semeling, Kedah, opened its doors 18 months ago as an MIC endeavour to own and run its own university.

A brainchild of Samy Vellu, it was built from contributions by well-wishers, donations and collections from each MIC branch in the country.

"We started investigations after several police reports were lodged on the matter. We have also interviewed several MIED office-bearers and investigations are continuing," Koh told Bernama.

It is learnt that the police reports were lodged by individuals alleging financial mismanagement in AIMST's construction and maintenance.

Police sources revealed that commercial crime officers spoke to Samy Vellu for five hours at the MIC headquarters on Wednesday and that some files on MIED and AIMST were taken to facilitate investigations.

"The Bukit Aman commercial crime division director is directly monitoring investigations. This is a big case. We might also question several other MIC leaders.

"Once investigations are completed, we will talk to MACC if there is a need for further action. The MACC is also monitoring the case and if we need their assistance, we would ask them to move in... only if the need arises," a senior officer involved in investigations told Bernama.

Samy Vellu, it is also learnt, has briefed the MIC central working committee on the visit by the police to the party headquarters, at the CWC meeting on Thursday.

Asked if Samy Vellu had been questioned, Koh declined comment, saying that it was not right to divulge any information on the case as the probe was under way.

MIED, which runs AIMST through MIED Capital Sdn Bhd, has been mired in controversy after it was found that the cost of AIMST doubled from its early estimate.

Last December, Tan Sri M. Mahalingam, a signatory of MIED cheques, was removed as MIC treasurer-general by Samy Vellu, who said the move was part of an MIC rebranding exercise.

The party president had also said that there was a need to inject new blood into the party.

MIED chief executive officer P. Chitrakala Vasu, on the other hand, has been asked by Samy Vellu to go on leave since the controversy broke out.

Samy Vellu had also sent Chitrakala several show-cause letters, to which she had replied.

There have been news reports of some irregularities with regard to the awarding of the contracts, especially those involving landscaping and providing security at AIMST.

The saga took an unexpected turn last month when MIC vice-president and MIED director Datuk S. Sothinathan lodged two police reports over missing files belonging to MIED.

The reports, lodged at the Dang Wangi police station and Sentul district police headquarters, alleged that files pertaining to the AIMST contracts were missing from the party headquarters in Jalan Rahmat, off Jalan Ipoh here.

Last week, a former MIC member lodged a report at the MACC headquarters in Putrajaya, saying he had surrendered proof to the commission on alleged mismanagement in the awarding of construction contracts.

He had also alleged that some politicians awarded contracts to their friends without a proper tender process.

It is learnt the MACC has opened a file on the matter and investigations have already begun. However, the current batch of leaders involved in MIED and AIMST have yet to be interviewed.

Mahalingam, when contacted, revealed that officers from the Bukit Aman commercial crime division had recorded his statement on the MIED and AIMST accounts.

"Yes, I spoke to the police. It was for about four hours, a few days ago. I explained some matters that were referred to me. I can only tell them what I know," he said, adding that MACC officers had not contacted him.

It is learnt that Chitrakala is overseas and is expected to return home at the end of the month. — Bernama

Once an Anwar man, Zambry now says Pakatan leader is ‘Machiavellian’

By Shannon Teoh-The Malaysian Insider

IPOH, Feb 21 — Once a supporter of the deposed deputy prime minister, Perak Menteri Besar Datuk Zambry Abdul Kadir says that Datuk Seri Anwar Ibrahim has changed into a "Machiavellian" character.

Claiming that the opposition leader now had one set of moral standards for himself and another for his opponents, Zambry added that Pakatan Rakyat had first hailed defections as a "halal" or legitimate democratic right but has now declared it as "haram" or immoral.

"He has changed and is now struggling between his ideals and reality. I am against projecting a holier-than-thou image and then telling the whole world that because you are pure, everything is justifiable.

"When we do it, it is haram, for him it is halal, so it is two different parameters of morality. It is very Machiavellian," Zambry said, referring to the term that denotes the employment of cunning duplicity in politics or general conduct.

The two-term Pangkor assemblyman was in Umno Youth when Anwar was sacked in 1998 and was briefly held under the Internal Security Act together with several other Umno Youth leaders in the aftermath, after criticising the sacking during the heady Reformasi period.

He was released weeks later but Anwar spent six years in jail for sodomy and corruption convictions before the Federal Court freed him on Sept 2, 2004.

The 47-year-old was said to be close to many of Anwar's associates including Anwar's former political secretary Ezam Mohd Noor who has since rejoined Umno. Zambry is said to be one of those who facilitated the former PKR Youth chief's return to Umno.

In an exclusive interview with The Malaysian Insider yesterday, he said that Anwar has had to "justify all means to achieve his end" of taking over the federal government.

"He started this whole episode of crossovers and party-hopping," Zambry said, referring to the PKR de facto leader's unsuccessful attempt to topple Barisan Nasional on Sept 16 last year by getting over 30 MPs to defect.

"Do you remember when they celebrated the crossover of Nasarudin?" he added, referring to Bota assemblyman Datuk Nasarudin Hashim who defected to PKR and returned to Umno in less than two weeks to help BN take over Perak.

"They said, 'Biasalah, siapa nak keluar, terpulang kepada dia (It is normal, whoever wants to leave, it is up to him,) It is a democracy, it is his right,'" Zambry said.

MALAYSIAN ANTI-CORRUPTION COMMISSION (MACC) 'BIAS'


Malaysians were actually very sceptical when the 'uncaring, useless, arrogant and corrupted UMNO-led Barisan Nasional federal government initiated the formation of Malaysian Anti-Corruption Commission (MACC) to replace the already ineffective and inefficient Anti-Corruption Agency (ACA) due to their authority.

Today the thoughts of Malaysians were actually revealed. While various important and old matters are still not attended to by the MACC, the MACC had ventured in collaborate with this 'unscrupulous' UMNO to undermine the Opposition leaders in their quest to 'materially' benefit from their position.

As far as Malaysians are concern, UMNO and Barisan Nasional have committed various serious crimes to the Malaysian society and this is camouflage by the investigating authority, whether Police, AG Chambers, Judiciary or the MACC.

The UMNO-led Barisan Nasional have been using public funds to meet their agenda and federal and State government officials of BN States have been misusing public funds to gain political mileage which is against the trust granted by the Malaysian rakyat to them.

Rather than taking immediate action against these officials, the MACC ventures to take action on Opposition leaders like Selangor Mentri Besar Tan Sri Khalid Ibrahim, by claiming that they have strong evidence of abuse of authority and seem to collaborate with UMNO to 'fabricate' evidence.

The time has come for every Malaysian to voice their concern over the bias attitude undertaken by the MACC in their investigation and priority.

It seem the time has come for Malaysians to demand a SNAP GENERAL ELECTIONS to elect new and calibre leaders who can make Malaysia a proud , well-managed and rich nations.

picture courtesy of Malaysiakini n Might of the Pen

MACC reduced into “Malaysian Agency for Car and Cows” – Ahmad Said should resign

What a letdown!

Members of Parliament and Malaysians were promised when the Malaysian Anti-Corruption Commission (MACC) 2008 Bill was debated in Parliament last December that the Prime Minister, Datuk Seri Abdullah Ahmad Badawi was finally going to honour his most important pledge when he became Prime Minister five years ago – to eradicate corruption and create a new political culture of public integrity with zero tolerance for corruption.

Parliament and the nation were told that MACC was going to become another ICAC (Hong Kong’s Independent Commission Against Corruption) respected world-wide for its uncompromising and no-nonsense commitment against corruption without fear or favour for position, status or influence.

In less than two months, the MACC has become a joke. Instead of building public confidence in its journey to become another ICAC, feared and respected by all, it has quickly become a joke, reduced into a “Malaysian Agency for Car and Cows” for the Barisan Nasional government to victimize Pakatan Rakyat leaders.

The unprecedented statement by the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan that the MACC has “good and strong evidence” of corruption against the Selangor Pakatan Rakyat Mentri Besar Tan Sri Abdul Khalid over the car and cows controversy has destroyed whatever credibility the MACC might have among Malaysians that it would be independent, professional and uninfluenced by the dictates of its political masters.

Although Ahmad Said said the matter would be referred to the Attorney-General’s Chambers for further action, the MACC Chief Commissioner has already taken the unprecedented step of proclaiming that Khalid had been guilty of corruption – which had never be done before in the history of ACA of over four decades!

Equally shocking was Ahmad Said’s statement that the MACC would also investigate allegations of abuse of power by Perak state assembly Speaker V. Sivakumar for suspending the illegitimate Perak Mentri Besar Dr. Zambry Abdul Kadir and his state executive councillors from the assembly, pledging: “If its’ true that there had been abuse of power, the MACC will take appropriate action”.

When did the Anti-Corruption Agency (ACA) ever declare in the past 40 years that it would take action against the Speaker of Parliament for any “abuse of power” although there had not been any lack of controversies over decisions and rulings of the Speaker during the period?

Yesterday, I had called on the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to provide the leadership in the Barisan Nasional to co-operate with Pakatan Rakyat to keep the Rulers above the political fray in the Perak political and constitutional crisis as the issue in contention is not about the institution of constitutional monarchy but the people’s will on the elected government of their choice in a system of parliamentary democracy.

It is a matter of grave concern that the MACC has jumped into the Perak politic al crisis when it has no business whatsoever to get involved, as it raises the question whether the entire apparatus of state in the hands of the Federal government, including the MACC, the police, the Attorney-General’s Chambers would be abused and arrayed against the Pakatan Rakyat in the Perak political and constitutional crisis?

If so, this will be a pathetic end for the fifth premiership of Abdullah Ahmad Badawi and a most ominous start for the sixth premiership of Datuk Seri Najib Razak.

There have been calls for undemocratic, illegal and unconstitutional arrogation of powers to deal with the Perak political and constitutional crisis, such as the declaration of an emergency, the misuse and abuse of draconian powers under the Internal Security Act and Sedition Act, to prop up the illegal and unconstitutional Umno power grab in Perak.

This must be resisted for Malaysia’s democracy, international standing and competitiveness will be the greatest casualties.

The dissolution of the Perak State Assembly and a snap state general election within 30 days to resolve the political crisis state is the best solution in the circumstances.

Ahmad Said should resign as MACC Chief Commissioner as he has reduced MACC into “Malaysian Agency for Car and Cows” for the BN to victimize PR instead of another ICAC respected worldwide for its fight against corruption.

How can the MACC win the confidence of the people in its credibility, independence and professionalism when it is blind, deaf and mute to the mega scandals in the country, whether the RM4.6 billion Port Klang Free Zone (PKFZ) scandal or those involving top leaders whether in Barisan Nasional or in the public service like the Inspector-General of Police and the Attorney-General but only interested in Khalid’s “car and cows” controversy or Sivakumar’s decision as a Speaker which has nothing to do whatsoever with MACC?

The Perak Crisis: Karpal stumped by Sivakumar's decision

New Straits Times

IPOH: Pakatan Rakyat members are shaking their heads in disbelief over the suspension of Menteri Besar Datuk Dr Zambry Abdul Kadir and his six exco members by Speaker V. Sivakumar for 18 months and 12 months respectively.

Even DAP chairman Karpal Singh, a prominent lawyer, is stumped by Sivakumar's decision to order the suspension.

Karpal told a press conference at Parliament House in Kuala Lumpur Sivakumar must call for the assembly to meet to endorse his decision to suspend Zambry and six executive councilors.

He said Sivakumar's decision must be endorsed by the house.

He recalled his own experience in 2004, where he was referred to the privileges committee for saying that members of parliament were required to raise their hands before taking their oath of office.
The committee's report was tabled in Parliament and Karpal was suspended for six months without pay or privileges.

Several PR lawmakers here said the move was totally unexpected as they had painstakingly gone through the state constitution and the assembly's Standing Orders prior to Wednesday's hearing before the Rights and Privileges Committee.

"I was shocked upon hearing Sivakumar's decision. We had discussed about this (possibility of suspending Zambry and his exco members) and strongly advised against it.

"By doing so, we have fallen into our own trap, akin to stepping on a banana peel planted by ourselves.

"I honestly do not know whose advice he (Sivakumar) took before making up his mind," said a PR lawmaker.

Sivakumar might have just relied solely on Order 89 of the Standing Orders to justify the suspension of the recently sworn-in Barisan Nasional administration.

Order 89 states that the decision of the speaker upon any point of interpretation of any of these Standing Orders, or upon any matter of practice, shall be subject to a substantive motion moved for that purpose, be final, and the speaker may from time to time issue rulings thereon.

While this clearly means that the speaker's decision is final and cannot be challenged, Order 72 which governs the Committee of Privileges must also be taken into consideration.

Order 72(2) specifically states that when the assembly is not sitting, a member may bring an alleged breach of privilege to the notice of the speaker who may, if he is satisfied that a prima facie breach of privilege has been committed, refer such matter to the committee, which shall report thereon to the assembly.

The Perak state assembly is not sitting and is only scheduled to do so in April.

Sivakumar told reporters last Saturday that the findings of the committee would be submitted only at the next sitting of the state assembly.

Something must have happened after Saturday for him to suspend Zambry and his exco members in such a hasty manner.

Canning DAP state assemblyman Wong Kah Woh got the ball rolling by writing to Sivakumar asking to hold an inquiry against the seven BN leaders for allegedly violating the sanctity of the Perak constitution by getting themselves appointed as menteri besar and exco members.

Pahang Speaker Chides Suspension Orders

KUANTAN, Feb 21 (Bernama) -- The suspension of Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and six state executive council members by the Rights and Privileges Committee of the state assembly is against the Standing Orders, said Pahang State Assembly Speaker Datuk Seri Wan Mohamed Razali Wan Mahussin.

Wan Mohamed Razali said the committee could only hear and discuss the case of members of the House, who were deemed to have committed a breach of the Standing Orders, and recommend the form of punishment that could be imposed.

"In Pahang, the Speaker is required to present the recommendation of the committee to the House for deliberation and endorsement.

"A decision is taken by the state assembly only when it is in session," he said when commenting on Perak State Assembly Speaker V. Sivakumar's decision to slap Zambry and six executive council members with the 18-month and 12-month suspension orders.

In KUCHING, Sarawak Deputy Chief Minister Tan Sri Alfred Jabu said Zambry and the six executive council members had the right to attend the state assembly sitting as their appointments were consented by the Sultan of Perak Sultan Azlan Shah.

Jabu, who is also Parti Pesaka Bumiputera Bersatu (PBB) deputy president, said the Sultan's decision could not be overruled.

"The matter should be interpreted according to the Perak state constitution," he said after opening the annual general meeting of the Sarawak Dayak Graduates Association here.

In PENANG, Penang State Assembly Speaker Abdul Halim Hussain said the suspension orders should adhere to the Standing Orders and the Perak state constitution.

He said all parties should respect the committee's decision if the suspension orders abided by the two criteria.

"I will support the suspension orders if they adhere to the Standing Orders and the Perak state constitution.

"I am not saying the decision is right or wrong because the constitution of one state differs from another. Whatever it is, we must consult the constitution of the state concerned," he said when contacted by Bernama.

Asked whether the decision had to be endorsed by the state assembly, he said, "It depends on the powers conferred on or vested in the Speaker under the Standing Orders but it is open to interpretation."

Friday, 20 February 2009

'Treat Uthaya or face protests'

Kedah : 6 Indians Gunned Down By Malaysian Police

Name

Age

Date

Circumstance of Death

R. Elangovan

L.S. Santana

R. Pannir

S. Vadivelan

S. Gurusamy

R. Dilip Kumar

38

34

28

29

50

20



19 Feb 2009

6 suspected as armed robbers were shoot dead by police, none of the persons that were shot survived to be arrested...charged and tried.

What are the chances that all the 6 men are killed in the shooting?

Odd, that not a single policeman seem to have suffered any injury by reason of being shot...although they say that the 6 shot at the police...

8 policeman and 6 allegedly suspects in shoot-out, all 6 dies, and not a single police officer killed or sustained any bullet wound.

This incident needs some serious investigations?

Were the police targetting areas of the victims bodies that will cause death - or were they trying to just shoot, injure them and arrest them?

Why did this incident involve '... CID officers and personnel from Bukit Aman, Penang, Perak and Kedah...'. Why was it not just a group of police from Kedah ...and maybe Penang?

Were the 'specialists' brought in to do this arrest...or maybe just do them all in? Serious questions that need answers.

There must be comprehensive investigation done NOW - and it will be interesting to see where the police bullets landed.

After killing 6 of them, it is very very wrong for the police to make allegations or implications that these were 'very bad people' - i.e. robbers, ' high on the police’s wanted list for the past two years', and “They were part of a group with links to the notorious ‘Gang 8’ that was actively involved in criminal activities in Kulim."

The dead cannot defend themselves - and the Malaysian public should not blindly accept what the police says about these victims.

Interestingly, it happened in Kedah... (the place where there will be a by-election soon)

Interestingly, the 6 who were shot dead by police were all Indians - and Indians make up a significant percentage of voters..

Putting aside the by-elections, I wonder when we will see an end to these 'shoot to kill' incidents. Why were they killed? Was it accidental or was it intentional?

Were the pistols really seized from the robbers, now dead, and who cannot even dispute the police version of events.

Was the whole action of the police recorded?- Maybe that should become standard procedure. Then, we could always look at the recordings, and decide whether it was as the police said it happened. Whether the police used reasonable efforts to apprehend the 6 suspects alive?

PRESS STETEMENT ON THE SHOOTING OF 6 20.02.09

HINDRAF – PDRM official gunslingers of UMNO led government

HINDRAF condemns the latest killing of the six Malaysian Indian suspects in their own house.

The Home Minister and its running dog PDRM are issuing statements akin to the prosecutor and judge on the suspected criminals in justifying their killing of the suspects. Maybe Malaysia should do away with the AG's office, the judiciary and the Criminal Justice system as everything can be decided by the Home Minister and PDRM.

The bizarre thing in this whole incident is all the six males were killed and none of the police officers were injured and four women were apprehended. Bearing the recent torture on Prabhakar by the police force, the death of A. Kugan in police custody, the government's and the police's integrity and transparency is highly questionable as they continue their extra judicial killing of Malaysians in particular of Indian origin.

Bernama - When the policemen barged into the house and introduced themselves, six men between the age of 20 and 50, fired several shots at them and, in defence, the police fired back and the shots hit the six suspects,". State police chief Datuk Syed Ismail Syed Azizan further told reporters here today that "police searched the house", which was recently built, and found two pistols - a Smith & Wesson 9mm with seven rounds of ammunition and a .38 revolver with five rounds of ammunition".

The above statement clearly shows the inconsistency, cover up and lie that PDRM keeps feeding the public to maintain a police state "status quo" for the UMNO led government in regression of a democracy state.

HINDRAF call's upon conscience and responsible MPs to immediately table a motion in Parliament to set up an independent investigative body to conduct forensic and coroner's report in this killing to ensure transparency and accountability of the police force.

If the government fails to conduct such an independent enquiry, it will only further erode the confidence of the public in the integrity and independence of the police force in continuous wayward ways of conducting extra judicial killings of the Malaysian Indians today in and outside custody and that may befall other Malaysians in the future.

It is high time, with the current rate of extra judicial killing that is taking place in police custody and trigger happy police force with shoot to kill intention, that the IPCMC is implemented as soon as possible as an external monitoring mechanism into police abuses of power that would be good for both the police force and the country.

I urge the public to pressure their respective MP's in ensuring the above to preserve the democracy state of the nation and stop it from becoming a total police state.

Thank you

P. Waytha Moorthy

Hindraf – Chairman

Currently in Brussels (Belgium)

Di Mana Nak Dibuang Negeri 1.63 Juta Rakyat Perak Yang Menderhakai Sultan?


 Saya hanya tersenyum simpul apabila membaca berita mengenai keputusan Persatuan Kerabat Di Raja Kedah (PKDK) yang mencadangkan agar Pengerusi DAP, Karpal Singh diharamkan daripada menjejaki kaki ke Perak kerana kebiadapannya terhadap Sultan Perak.

Karpal dikatakan menderhaka kerana ingin mengheret Sultan Perak ke mahkamah berikutan langkah baginda enggan membubarkan Dewan Undangan Negeri (DUN) Perak.


Tetapi bukan Karpal sahaja yang berpandangan demikian. Bukan Karpal sahaja yang berpandangan bahawa langkah Sultan Perak enggan membubarkan DUN adalah kurang bijak. Berdasarkan sembang-sembang di warung, kantin pejabat dan pasar, kebanyakannya memberi pendapat yang sama dengan Karpal, cuma pendapat mereka tidak pernah disiarkan. Jika disiarkan pasti mereka juga dianggap penderhaka, bahaya!!

Begitu juga jika diperhatikan pandangan pemilik blog dan komen-komen yang menyusulinya, kebanyakannya memberi pandangan yang hampir sama dengan Karpal. Jadi logiknya, pemilik-pemilik blog dan mereka yang memberi komen sedemikian adalah juga penderhaka dan oleh itu patut diharamkan dari menjejaki Perak.

Hari ini penganalisis politik dan pensyarah kanan Jabatan Pengajian Media Universiti Malaya, Prof Madya Dr Abu Hassan Abdullah memberitahu kajian yang dibuatnya terhadap penduduk negeri Perak mendapati kebanyakan rakyat Perak mahukan DUN dibubarkan. Jadi jika mengikut logik yang sama, Prof Madya itu juga adalah penderhaka dan dan oleh itu patut juga diharamkan dari menjejaki Perak.

Hari ini juga Merdeka Center mengumumkan bahawa berdasarkan kajian pendapat umum yang dibuat di Perak mendapati 74% daripada rakyat Perak mahukan DUN dibubarkan. Jadi jika mengikut logik yang sama 74% rakyat Perak adalah penderhaka Sultan dan oleh itu perlu dibuang negeri! Penduduk Perak kini berjumlah 2.2 juta orang. Jika 74% penduduk Perak adalah penderhaka bermakna bilangan penderhaka yang mendiami Perak kini adalah seramai 1.63 juta orang!

1.63 juta orang bukanlah satu bilangan yang sedikit. Jika hendak dibuang negeri ke semua mereka, lokasi yang sesuai perlu dicari. Mereka tidak boleh dibuang ke Perlis negeri kecil yang hanya mempunyai penduduk seramai 0.22 juta orang itu. Jika dibuang ke Perlis, pecahlah negeri kecil itu untuk menampung 1.63 juta penduduk Perak yang menderhaka itu. Negeri yang paling sesuai dibuang negeri untuk penderhaka-penderhaka ini ialah negeri-negeri jiran seperti Selangor, Pulau Pinang dan Kedah. Tapi Selangor dengan penduduk seramai 4.5 juta orang dan Pulau Pinang dengan 1.42 juta penduduk kelihatan tidak sesuai untuk maksud itu kerana sudah terlalu padat untuk diduduki. Mungkin negeri yang paling sesuai ialah negeri-negeri yang bersaiz besar tetapi penduduknya tidak begitu padat seperti Kelantan yang hanya mempunyi 1.45 juta penduduk dan Pahang yang mempunyai 1.37 juta penduduk.

Satu lagi persoalan, jika 74% rakyat Perak telah dibuang negeri, mampukah baki penduduk Perak yang tidak menderhaka seramai 570,000 itu membangunkan negeri mereka? Khuatir pula, selepas 1.63 juta rakyat Perak diusir, negeri Darul Ridzuan itu akan menjadi sepi dan pembangunan terbantut. Tiadalah lagi rakyat untuk meramaikan pesta karut Jom Heboh dan Tok Mufti pun tidaklah perlu membazirkan masa berharganya untuk membuat fatwa yang tidak dipatuhi!!

Oleh: pendikar gunung kriang

http://pendikargunung.blogspot.com/

'In memoriam' - P Uthayakumar

report Uthaya's foot injury getting worse.
I'm writing ‘in memory’ of P Uthayakumar, a true Malaysian hero who fought for human rights during his incarceration under the draconian ISA He was slowly tortured to death by the police, aided by doctors who should have acted on Uthaya's behalf.
The death of Uthaya is as much murder as the death of A Kugan. Uthaya was held by the police under physically poor conditions and deprived of medicine, proper medical care and a proper diet.
The doctors were grossly negligent and failed to give Uthaya a proper standard of care. Any medical officer knows enough about diabetes to properly care for someone such as Uthaya. High blood sugar makes even small wounds have the potential to cause serious infections.
What Uthaya needed was urgent surgery and antibiotics, However, his ill health before his death could have been avoided by a proper diet, medication and proper medical treatment.
The doctors concerned should have their annual practising certificates withdrawn. The Malaysian Medical Association and the Malaysian Medical Council should act swiftly as allowing wilfully negligent doctors to continue to practise medicine will seriously erode public confidence in the medical profession.
Doctors are expected to be moral and have the interest of the patient in mind. The way the doctors behaved in the case of Uthaya is grossly immoral.
Well, allow me to clarify that Uthaya's not dead yet, but he will be soon. His necrotic toe will soon be gangrenous, then his leg will be infected and he will develop sepsis (a generalised blood infection). He will then develop kidney failure followed by heart failure and his death will be said to be due to a heart attack.
Although the death certificate may give the cause of death as a heart attack (or some other cause), the true cause will be total body system failure (brain, liver, kidney, lung, etc.) due to exacerbation of his diabetes by the manner in which the police and doctors treated him.
Why are the Hindraf leaders under ISA? The government fears them very, very much. Here's why: The Indians are a downtrodden marginalised minority. If the indians are permitted to revolt, other ethnic communities will realise that if the Indians (with everything stacked against them) can do it, then they (other ethnic groups) can do it too.
Once much of society feels it's time to revolt to take back the civil rights the government has taken away, the government will swiftly fall. That is why the Hindraf leaders are under the ISA.
Diabetes is not a death sentence if properly treated. With proper control of blood sugar, a diabetic can have 30-40 years of good health before serious complications occur, chiefly eye and heart
problems. The loss of toes and legs can be avoided by proper control of blood sugar.
However, diabetes makes infections harder to defeat. Infections raise blood sugar in diabetics.
Both infection and blood sugar can quickly spiral out of control in a diabetic. An all too common scenario for diabetics is high blood sugar, infection, blood sugar increasing and the infection becoming worse.
Urgent medical treatment is required to treat both the blood sugar and the infection. If treatment is absent, delayed or insufficient, blood sugar and the infection spiral out of control, the person goes into coma, their kidneys fail and their heart struggles because of the kidney failure.
The heart can't cope, their lungs fill with fluid and the heart is further over-stressed by the lack of oxygen and the struggle to pump blood. A heart attack ensues.
Although the death certificate can say heart attack is the cause of death, it's actually fluid in the lungs, kidney failure, sepsis and high blood sugar that killed the person.
In the case of Uthaya, as in so many other cases, death as an outcome of infection in a diabetic is an avoidable death, if proper treatment is given early enough.
Any surgery has risks. Uthaya, in his weakened state and with his diabetes (poorly managed diabetes, because of how the police treat him), would face more severe risks than usual.
It's possible Uthaya could die during surgery or during the recovery period after surgery.
Whether Uthaya survives or not or has his leg amputated (an amputation that could have been avoided by prompt and proper treatment including being warded in hospital, infusion of antibiotics, treatment of toe or amputation of toe) he is a true Malaysian hero, struggling for the civil rights for all Malaysians, their children and grandchildren.
Uthaya is trying to create a Malaysia that will be a better place for all, not just Indians.
How a society treats it's less fortunate members (the old, sickly, mentally ill, poor, uneducated, handicapped) is one way to measure how civil a society is. How a society treats it's critics, it's dissidents, is another measure of how civil (and democratic) a society is. Malaysia thus measured ranks poorly compared to many countries. Malaysia is much better than some countries on this issue, but that is more because those countries are so abysmal rather than because Malaysia is liberal. Malaysia, in reality, is not liberal.
Social ills won't be solved by pretending they don't exist or by jailing those who point out their existence. Social ills can be solved only when the government takes an active role in supporting those persons who are trying to solve these social ills.
Why is the government acting as it does, against it's own citizens and against vulnerable defenceless members of society? Do the people in government really want a society where women are raped and trafficked and marginalised, a society that treats the wealthy with respect and the poor and handicapped with disdain?
Maybe they do want that, maybe they think they are never going to be raped or handicapped or poor, so it does not apply to them. If so, they don't realise they are just one slip in the shower or one road accident or one stroke or any other human malady away from being handicapped.
As for being poor, with the economy declining, unemployment and inflation increasing, the value of their money will drop and although they may not become very poor or homeless, their lifestyle will certainly be affected. They will get at least a little taste of what being poor means.
To them it will mean deciding where and for how long they go on holiday or do they buy a Mercedes or a Toyota. But they won't really know what a poor person experiences. A poor person daily has to make choices such as do they buy food or clothes and walk a long distance to work or do they spend the money on taking a bus.
The government will have the support of the rakyat only when the government shows it truly understands the needs and aspirations of the rakyat and truly helps the rakyat. The rakyat are not stupid, they know the difference between words and actions and see that the present government talks a lot and promises much but delivers little.
Worse still, the present government actively acts against the needs and aspirations of the rakyat. The rakyat understands that the present government is not good for them as can be clearly be seen by the votes in the last general election and recent by-elections.

20090220 AnwarPoliceR

Selangor sambut ulangtahun setahun pentadbiran

Teresa Kok: Charges against Selangor MB politically motivated

By Neville Spykerman-The Malaysian Insider

SHAH ALAM, Feb 20 — Selangor senior executive councillor Teresa Kok said the ongoing corruption investigation on the Selangor Menteri Besar appears to be politically motivated and smacks of double standards.

"The whole episode seems to be linked to the political situation in Perak where the Barisan National (BN) is being frustrated by a political impasse of its own doing." Said the Teratai assemblyman.

She also suggested that it had something to do with opposition leader Datuk Seri Anwar Ibrahim's revelation in Parliament yesterday about the tactics used by BN to coerce and induce Pakatan Rakyat (PR) elected representatives to switch camps.

She said the fact that the Malaysian Anti Corruption Commission (MACC) moved with such speed on what may be, at most, a minor technical infarction leads one to wonder about the purported independence and fearlessness of the body.

Meanwhile Khalid's lawyer Sankara N. Nair said he regretted the statement released by the MACC chief Datuk Seri Ahmad Said Hamdan where he indicated there was strong evidence on the misuse of power by his client.

He said previously it was the norm for the MACC not to issue statements about the culpability of a person being investigated.

"It is quite disturbing the MACC has, in this instance, in respect of my client, being an opposition politician, is singled out to look "guilty" in the eyes of the public before he is charged or convicted in court."

Sankara questioned why Ahmad Said prejudged his client and urged the MACC to act professionally.

He added that he has advised Khalid to refrain from making any statements on the matter as he is the subject of investigations.

In a written statement to the Press, Khalid said he is aware that of the ongoing MACC investigations and all further comments on the matter would be made by his lawyer.

Meanwhile Selangor BN and Umno chairman Tan Sri Muhammad Muhammad Taib said it was up to the MACC and the Attorney General to take the necessary action against Khalid.

The Rural and Regional Development Minister declined to comment further.

I will attend assembly, says Zambry

By Shannon Teoh-The Malaysian Insider

IPOH, Feb 20 — In yet another twist to the Perak political crisis, it is Perak Menteri Besar Datuk Dr Zambry Abdul Kadir’s turn to defy “orders”. He said he will defy Speaker V Sivakumar’s suspension order and attend the next assembly sitting.

Calling the hearing held before the state assembly’s rights and privileges committee a “kangaroo court”, he maintained that Sivakumar had no jurisdiction to suspend him unilaterally for something which happened outside the assembly.

“He suspended me under Section 72 of the Standing Orders but it says you must bring your report and recommendation to the assembly for it to decide,” he said.

“The appointment is not by the Speaker but by the Sultan. This is an implied challenge to the powers of the Sultan,” Zambry said in an exclusive interview with The Malaysian Insider this afternoon.

Two days ago, Sivakumar, as chairman of the rights and privileges committee, decided that Zambry and his six exco members would be suspended from attending the assembly for 18 and 12 months respectively for contempt of the assembly after they accepted their “unconstitutional” appointments and were sworn into office.

The move added yet another complication to the constitutional crisis that has gripped the Silver State after Barisan Nasional (BN) initiated a power grab on Feb 5.

If the decision is upheld, then Pakatan Rakyat (PR) could ostensibly win a confidence vote in the assembly as BN would be down to 21 members which would lose out to PR’s 28 even if the three “independent” candidates were allowed to attend to cast their support behind BN.

“I will attend the assembly, that is quite clear, and I will exhaust all legal avenues,” he declared, adding that he was still consulting his legal advisors.

Zambry also said that Sivakumar had behaved unfairly during the inquiry.

Displaying the letter sent by Sivakumar and his own affidavit that he prepared, he said that the claim by the Speaker that he “had not provided any explanation for his actions which was in contempt of the assembly” was a “lie of the most serious nature committed by the Speaker”.

“He just asked me to answer the charge with a yes or no. But I had prepared preliminary objections against the charge. It was like a kangaroo court,” he said.

The Pangkor assemblyman said that while some had advised him not to pay heed to the Speaker’s summon since BN was now the legitimate government, he had decided to present himself out of “respect to the institution” of the Speaker.

But he said that Sivakumar, who is DAP’s assemblyman for Tronoh, had acted “unethically”.

PM in contempt, says Ngeh

By Adip Zalkapli-The Malaysian Insider

KUALA LUMPUR, 20 — Perak DAP chief Ngeh Koo Ham accused Datuk Seri Abdullah Badawi of being in contempt of the Perak state assembly privilege committee because the prime minister had admitted asking Perak menteri besar Datuk Zambry Abdul Kadir to defy his suspension.

Perak Speaker V Sivakumar has suspended Zambry and the entire state executive council from the assembly for between 12 and 18 months, in the latest development of the Perak constitutional crisis.

Ngeh alleged today that Abdullah had broken the law when he asked Zambry to lodge a police report against the speaker, as he argued such an act contravened Section 3 of the Perak Legislative Assembly (Privileges) 1959.

According to him, the section states that no member of the legislative assembly, which also includes the speaker, shall be liable to any civil suit or criminal proceedings, arrest, imprisonment or damages for anything done or said by them in the state assembly or any committee.

“It is totally disappointing to note that our prime minister has asked Zambry to defy the law,” Ngeh said in a statement to the media.

“The Perak assembly speaker and the privilege committee make their decisions based on the Perak state constitution and the laws governing them.”

“When is Pak Lah and BN going to respect the law of this land? To BN only BN can rule and not others,” said Ngeh.

“So they use all ways and means to frustrate the Perak Pakatan Rakyat government. Laws only apply to others and not to BN. I call on all parties to uphold the rule of law in this beloved land.”

He added that action could be taken against Abdullah.

Sivakumar announced the suspensions Wednesday after the special privileges committee found them guilty of contempt of the assembly.

Zambry has disputed the suspension, saying that he had provided an explanation regarding the complaint filed against him and his councillors.

Cops say Hilmi is a suspect in Eli nude pix probe

By Adib Zalkapli-The Malaysian Insider

KUALA LUMPUR, Feb 20 - Investigators confrimed today that Hilmi Malek, the ex-boyfriend of Selangor state executive councillor Elizabeth Wong, is a suspect in the probe into the circulation of her naked photographs.

“The police have yet to contact the former boyfriend to record his statement to assist in the investigation as he is believed to be overseas,” city police chief Datuk Sabtu Osman said today.

Sabtu said that the police would only ask for Interpol’s assistance if it fails to locate Hilmi.

On Wong’s statement yesterday that more of her private pictures would surface, Sabtu said the police were not aware of such photographs..

“Only two photos from CD,” he said referring to the copy given by newspaper jornalists.

Sabtu also denied rumours they had arrested two suspects over the circulation of Wong’s naked pictures.

He said two Malay Mail reporters were called in last night to have their statements recorded.

“The police only recorded statements from two Malay Mail reporters on Feb 19 at 8.30pm at Petaling Jaya police headquarters. The statement was taken by the previous investigating officer,”said Sabtu in a prepared statement.

He urged the media not to sensationalise the case or to speculate on Wong’s private life as it may affect the ongoing investigation.

The police also confirmed that the pictures were taken by someone known to Wong.

“The police dismissed the suggestion by some that a trap was set up to have the pictures taken. Instead it was taken by someone known to Elizabeth Wong,” said Sabtu.

Perak political crisis can be ended in 30 days - with snap state elections

UMNO leaders, particularly, the Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the UMNO Youth leader, Datuk Seri Hishammuddin Hussein should co-operate with Pakatan Rakyat to keep the palace above the political crisis in Perak as the issue in contention is not about the institution of constitutional monarchy but the popular will of the voters.

Tengku Razaleigh Hamzah has rightly pointed out in his blog about the real nature of the constitutional crisis in Perak – it is not about the status of the Rulers like the 1993 constitutional crisis “which arose from an ugly confrontation between Umno and the Rulers over a question that had direct and profound implications on their sovereignty and that of the Yang Dipertuan Agong” but about the legitimacy of the process by which a new state government has been formed in Perak.

This is why Abdullah and other UMNO leaders created consternation yesterday when they sought to present the Perak political and constitutional crisis as a crisis of the system of constitutional monarchy using the language of “disrespect the Sultan” and even “treason” when it is solely and strictly about whether UMNO should be allowed to orchestrate an immoral, undemocratic, illegal and unconstitutional power grab in Perak.

The best way to uphold the system of constitutional monarchy in the country is for all political parties, whether Barisan Nasional or Pakatan Rakyat, to keep the Rulers above the political fray – especially on the question as to who should form the legitimate and democratically-elected government in Perak.

The immoral, illegal, undemocratic and unconstitutional Umno power grab in Perak has created a political and constitutional crisis of two Mentris Besar in the state – and the best and most democratic solution is to return the mandate to the voters of Perak by the dissolution of the Perak State Assembly for a fresh state election to be held to resolve the political and constitutional crisis.

In Abdullah’s final 40 days as the fifth Prime Minister and Datuk Seri Najib Razak’s pre-40 days as the sixth Prime Minister, both of them must act as leaders for all Malaysians and resist the temptation to use the powers of the Federal government to deny the people of Perak their democratic right to resolve the political crisis in the state as by resorting to emergency powers or draconian laws like the Internal Security Act or the Sedition Act.

The incendiary speech by Hishammuddin last night is most deplorable, as he delivered what has been described as a “thinly-veiled threat” against Pakatan Rakyat “that those who are willing to destroy or damage the royalty and betray the country will pay the price” – a description which will be more apt for UMNO for its role in the 1993 constitutional crisis as it has no application whatsoever with any political party in the Pakatan Rakyat in the current Perak crisis.

It is a great disservice to the institution of constitutional monarchy for political leaders to drag the royalty into the political fray by distorting political differences as one of treason or whether one is “willing to destroy or damage the royalty and betray the country”, when this is not the case.

Malaysians should be united to face the worst global economic crisis in 80 years instead of allowing our body politic to be divided and poisoned by Umno’s undemocratic, immoral, illegal and unconstitutional power grab in Perak.

Instead of months of stand-off and stalemate in the Perak political and constitutional crisis, let it be resolved swiftly in the most democratic manner which could be accepted by all Perakians without poisoning the Malaysian body politic for years and decades so that national energies could be mobilized to face the looming economic crisis – by holding a snap Perak state elections which could be held within 30 days although the law allows it to be held within 60 days of the dissolution of the Perak State Assembly.

This is the most acceptable and democratic solution to the Perak political crisis. Let Pakatan Rakyat and Barisan Nasional leaders agree to return the mandate to the voters of Perak to elect the government of their choice – which will also further enhance the institution of constitutional monarchy by staying above the fray of political parties which is best resolved in the hustings.

Press Release: Respect the right to privacy

ImageIt is heartening to note that politicians from both sides of the divide have condemned the circulation of photos that relate to the private life of Elizabeth Wong. We are however disappointed that she continues to be hounded by the media despite her decision to resign from all posts, and that she is compelled to seek sanctuary abroad as she is unable to find solitude within our own shores.

We appeal to all right-thinking Malaysians to express our revulsion and outrage at the unscrupulous conduct of the culprits. This unacceptable invasion of an individual’s private life is an injustice that affects us all. Our laws are inadequate to deal with a breach of privacy but we, the public, can take personal responsibility in ensuring that the spread of this information is stopped in its tracks. In this connection we call for a rejection of all news providers that spread this private information and who unnecessarily sensationalise the issue. We also call on each member of the public to do what s/he can to stop its dissemination. For example, if someone sends you this information by instant text messaging or by e-mail, delete it without opening it and discourage its further circulation.

We would also call on the media to refrain from further sensationalising this issue and to allow investigations to be completed. The media must uphold the highest principles of responsible, ethical and respectful journalism, and accede to Elizabeth Wong’s heartfelt plea to be left alone.

The Bar Council is organising a public forum to address the plethora of issues that have been raised, including the right to privacy, the link between a politician’s private and public life, and whether adequate legal safeguards exist to protect an individual’s right to privacy.

Details of the public forum are as follows:

Title : “Privacy: Does it exist in Malaysia? Is it time to legislate?”
Date : 27 February 2009 (Friday)
Time : 5.00 – 7.30 pm
Venue : Bar Council Auditorium
13, 15 and 17 Leboh Pasar Besar
50050 Kuala Lumpur
Speakers : a) YB Dr. Zulkifli Ahmad, MP for Kuala Selangor
b) Fui K Soong, CEO of INSAP (MCA’s Institute of Strategic Analysis and Policy Research)
c) Sonya Liew Yee Aun, Malaysian Bar
d) Andrew Khoo Chin Hock, Malaysian Bar

To register or make inquiries, kindly call (03) 2031 3003 and speak with Mazni (x101) or Faizal (x185).


Dato’ Ambiga Sreenevasan
President
Malaysian Bar

20 February 2009

Laporan Polis Ke Atas Gani Patail dan Musa Hassan

LAPORAN POLIS DATUK SERI ANWAR IBRAHIM
20hb Februari 2009

—————————

Saya, ANWAR BIN IBRAHIM, merujuk kepada LAPORAN SURUHANJAYA DIRAJA UNTUK MENYIASAT KECEDERAAN DATO’ SERI ANWAR IBRAHIM SEMASA DALAM TAHANAN POLIS (Suruhanjaya Tersebut) yang telah dipersembahkan kepada DYMM SPB YANG DIPERTUAN AGONG PADA 6 APRIL 1999.

Saya melaporkan bahawa Laporan Polis Travers Rpt:3977/98 yang dibuat pada jam 2.00 pagi 21.9.1998 oleh ACP Koh Hong San (kini Commissioner Datuk Koh Hong Sun) (“Koh”),mengandungi maklumat palsu bertulis yang direka. Sekalipun menyedari Laporan Polis ini mengandungi maklumat yang palsu berkaitan perkara yang mustahak, Koh telah menggunakannya dalam suatu prosiding penghakiman sepertimana ditunjukkan sebagai Ekshibit A1 Suruhanjaya Tersebut.

Dakwaan ini saya buat adalah berasaskan maklumat dalam pengetahuan saya sendiri dan keterangan dokumen dan penemuan yang direkodkan dalam Suruhanjaya Tersebut antara lainya yang penting seperti berikut:

Petikan keterangan bersumpah Koh dalam VOLUME II-NOTES OF EVIDENCE muka surat antara 18 hingga 33.

“On the 20th September 1998 at about 8.10pm. I received instruction from Ketua Polis Kuala Lumpur, Dato Kamaruddin bin Mohd. Ali to arrest Dato’ Seri Anwar Ibrahim at his house Number 8, Jalan Setia Murni 1, Bukit Damansara, Kuala Lumpur. I was instructed by my Chief Police Officer, Dato’ Kamaruddin to arrest Dato’ Seri Anwar under Section 377B Penal Code”

Dalam muka surat 19

“I went over to him, I touched his left arm and said I was arresting him under Section 377D”.

“The instruction which I received was to arrest Dato Seri Anwar under Section 377B. But when I told Dato Seri I was arresting him under Section 377D. I made a mistake. It should be Section 377B.”

Dalam muka surat 24,25 dan 26.

“Shortly after,I left the place and went to my original place waiting for further instruction.Later we were told to walk to the 11th Floor.My officers and I were told to go upstairs.Dato Ramli told us.We went up to to the 11th Floor to discuss the question of arrest of Dato’Seri Anwar.We had a meeting at the 11th Floor at the Meeting Room.If I’m not mistaken,those who were present were Dato’Ramli,ASPAbdul Aziz,ASP Thomas,Supt.Robiah and a few others that I could not remember.Dato’Ramli chaired the meeting.”

“Dato Ramli left the discussion shortly after. Then he came back and instructed me to arrest Dato Seri Anwar under ISA. At the time when we had the discussion and before Dato Ramli left, I knew that I had arrested Dato Seri Anwar under Section 377B. I cannot remember whether I told Dato Ramli that I had arrested Dato Seri Anwar earlier for an offense under Section 377B. I now say that I did tell Dato Ramli that I have earlier arrested Dato Seri Anwar under Section 377B”.

“I cannot remember how long after he left that he returned. He came back and then told me that I should now make a formal arrest under ISA. I was given the relevant documents to be served on Dato Seri Anwar. With the documents I went down to see Dato Seri Anwar at 1.43am on 21st September 1998. I went to the cell and I served the documents on Dato Seri Anwar and then I left. At the time I served him with the documents he was conscious. I spoke to him. He responded to whatever I told him. He spoke to me. After I served him I left the cell and subsequently lodged a formal report of arrest.”

Keterangan bersumpah Koh sebahagiannya seperti diatas,mengesahkan pengakuan Koh bahawa maklumat bertulis yang dibuatnya sendiri dan terkandung dalam Travers Report 3977/98 bertarikh 21.9.1998 itu adalah palsu. Saya mengsyakki Koh,telah mereka keterangan palsu sedemikian itu adalah untuk menyembunyikan kecederaan yang saya alami setelah dibelasah oleh Tan Sri Abdul Rahim Noor(TSRN)Ketua Polis Negara ketika itu,daripada pengetahuan masyarakat umum. Dakwaan saya ini diperkukuhkan dengan catatan rekod prosiding Suruhanjaya Tersebut seperti petikan diperturunkan dibawah;

Petikan rekod prosiding Suruhanjaya Tersebut “VOLUME 1-PART TWO”muka surat 66 perenggan 6.1.

It was strongly submitted that, had the offence for which DSA was arrested remained one under Section 377 of the Penal Code, DSA would have had to be produced in Court within 24 hours, and a charge under the I.S.A was added on to obviate this necessity, because the face of DSA was such a sorry mess after the assault that it would have been most inexpedient to expose him to the public view. Again, there is a sharp conflict of evidence as to when the I.S.A charge was decided upon. TSRN insists that this matter had already been discussed earlier and the decision was taken at 8.20pm on the night of the 20th September 1998, by four senior officers, including himself, and communicated to a larger group a little later. TSRN could have applied to the Commissioners that they be called to give evidence in support of his testimony, but did not do so. He claims that the arrest under Section 377B was the result of a miscommunication. With the presence of the A.G’s representative at the Ops Theatre on the 30th floor, and almost everybody carrying a handset, it is difficult to follow how such a miscommunication could have taken place. Dato’ Yaacob was emphatic that there was no communication of the decision to effect an arrest under the ISA until after a discussion which went on till well past midnight. There would have been no need for such a discussion if the decision had been made earlier.

Saya percaya “the A.G’s representative at the Ops Theatre on the 30th Floor”yang dimaksudkan oleh Suruhanjaya Tersebut ialah Datuk Abdul Gani Patail (kini Tan Sri Peguam Negara)(“Gani Patail”). Dakwaan saya ini diperkukuhkan oleh keterangan bersumpah SAC I Dato’Meor Chek Hussein bin Mahayuddin(Meor), ketika itu Komander Pasukan Gerak Tugas Khas PDRM, sepertimana petikan keterangan beliau dalam Suruhanjaya Tersebut seperti berikut;

Petikan keterangan bersunpah Meor dalam VOLUME II NOTES OF EVIDENCE muka surat antara 7 hingga 17.

After leaving the lockup I went up to the 30th floor at Bukit Aman to see my senior officers including Timbalan Pengarah 1, DCP Dato Mohd Yusof and other senior officer to brief them of what happen.

Apart from Dato Mohd Yusof, I remember there were Tan Sri Abdul Rahim Noor, Tan Sri Norian Mai, Deputy IGP, DCP Dato Mohd Yusof Said, TP 1 Keselamatan Dalam Negeri dan Ketenteraman Awam, DCP Ali Hanafiah Hashim, Datuk Ghani Patail from AG’s Chamber present.

I arrived at the 30th floor at around 10.00pm. The others who were there were CP Datuk Mohd Jamil Johari and other officers which I cannot remember. It was not a formal briefing because I did not see anyone taking down notes. The briefing was not given in the conference room but it was outside. The briefing was given in a spontaneous manner.

When I arrived on the 30th floor, these officers were already in the hall. These officers were already seated in the hall and this is the time I had briefed them on what had happened to Dato Seri Anwar and where he was taken. After the briefing I did not receive any instruction from any officers present. They merely listened.

Then I left the place and went back to my office to debrief my officers.My office is near the main entrance to Bukit Aman.On the ground floor.My office is another building.

I did not at any time assault Dato’Seri Anwar Ibrahim.

After I left the 30th Floor,I was not involved in this case.

Selanjutnya daripada keterangan saksi W15,SUPT.Abdul Halim bin Hj.Siraj pula, dalam muka surat 130 hingga 139 dalam Suruhanjaya Tersebut, menjelaskan peranan SAC I Musa Hassan (kini Tan Sri Musa Hassan,Ketua Polis Negara)(“Musa Hassan”). Serta keterangan-keterangan dan dokumen-dokumen lain dalam milik saya berkaitan penglibatan Musa Hassan dalam penangkapan dan penahanan saya, maka saya mempunyai alasan yang kukuh untuk mengsyakki bahawa Musa Hassan pada waktu yang matan itu turut berada di-Tingkat 30 Bukit Aman bersama sama dengan pucuk impinan tertinggi PDRM dan juga Gani Patail,sepertimana yang dijelaskan oleh Meor.

Saya menegaskan bahawa Musa Hassan dan Gani Patail pada waktu yang matan itu juga telah mempunyai pengetahuan bahawa saya telah dicederakan oleh TSRN, sebaik ditangkap dan ditahan di-lokap Polis Bukit Aman. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa kedua-dua Musa Hassan dan Gani Patail terlibat dan/atau mengambil bahagian dalam mesyuarat bersama-sama TSRN dan beberapa Pegawai Tertinggi PDRM membincangkan dan membuat keputusan serta kemudianya mendorong Koh untuk memberikan maklumat palsu dan atau mengelirukan berkaitan dengan tangkapan dan kecederaan keatas diri saya dalam Travers Report No:3977/98 bertarikh 21.9.1998 jam 2.00 pagi yang kemudiannya dikemukakan dalam suatu pembicaraan kehakiman sepertimana ditunjukkan sebagai Ekshibit A1 dalam Suruhanjaya Tersebut.

Berdasarkan kepada urutan peristiwa yang dinyatakan diatas khasnya berkaitan penglibatan Musa Hassan dan Gani Patail secara langsung dan nyata dalam episode tersebut, saya ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Brickfields 4350/08 bertarikh 28th Jun 2008 yang dibuat oleh seorang Mohd.Saiful Bukhari Azlan (Saiful) terhadap diri saya, telah diubahsuai dan/atau dipesongkan serupa dengan caramana Travers Report No:3977/98 bertarikh 21.9.1998 dilakukan. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Saiful dibuat adalah sebagai tindakan lanjutan kepada konspirasi jenayah dengan niat bersama untuk menyebabkan saya bolih disabitkan atas kesalahan yang bolih diseksa dengan hukuman penjara yang lama demi kepentingan peribadi Musa Hassan dan Gani Patail serta kepentingan politik sesaorang atau orang-orang tertentu.

Saya telah dinasihati bahawa perbuatan “mereka keterangan palsu” adalah suatu kesalahan jenayah yang serius terhadap “Keadilan Awam” dibawah Seksyen 193 Kanun Keseksaan yang membawa hukuman penjara 7 tahun jika disabitkan kesalahan.

Saya membuat laporan ini demi keadilan dan mendesak pihak berwajib menjalankan siasatan yang rapi, telus dan saksama serta mengambil tindakan-tindakan yang wajar yang dibenarkan oleh undang-undang keatas pesalah atau pesalah-pesalah berkenaan yang terlibat atau sesiapa yang bersubahat melakukannya.

Bersama-sama ini,saya sertakan salinan muka-surat muka-surat daripada laporan Suruhanjaya Diraja yang disebut diatas untuk rujukan.

ANWAR IBRAHIM
20 Februari 2009

Zambry Don't Want To Be Hasty Like Opposition

IPOH, Feb 20 (Bernama) -- Menteri Besar Datuk Dr Zambry Abdul Kadir said he and the six State Exco members do not want to be hasty like the opposition which suspended them from attending the State Assembly.

"We don't want to be like them. We will use the law to resolve the present situation," he told reporters after Friday prayers at Sultan Yusuf Mosque at Rapat Setia here today.

Zambry was commenting on the decision by Speaker V.Sivakumar to suspend them and the statement by Bar Council president Datuk Ambiga Sreenevasan that the suspension could not be challenged in court.

"It is just one of several other views. I don't want to dwell on this as I want to conduct my duty as the menteri besar who was consented and appointed by the Sultan of Perak, Sultan Azlan Shah," he said.

He regretted that some people had insulted Perak Mufti Datuk Seri Harussani Zakaria in blogs and talks after the latter did not share their opinion on the political event in the state recently.

Zambry said Harussani's views should should be respected and held in high esteem by all as he is a man of noble character.

"Barisan Nasional (BN) was also not spared but did not mean that he (Harussani) did not like us. He was only pointing out things based on the law.

"As such, we did not retaliate when criticised and did not show any disrespect to him," he added.

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Vox Pop: Views on Eli Wong

Press Statement by Eli

Press Statement
by
ELIZABETH WONG

19 February 2009

Dear friends,

I have departed today.

Despite having tendered my resignation from all posts, the media and websites continue to intrude into my private life and privacy. I have been informed by several media that they will continue to publish even more lewd graphical, sensational stories of my private life. I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.

This is the darkest episode in my life. I have never felt so alone, vulnerable and humiliated. I need to rest and to search for peace of mind to get away from the stormy events surrounding me.

I appreciate the overwhelming support from all quarters, especially my voters, women in particular and party comrades. Words cannot express my gratitude for your gentle kindness.

I have informed my party leaders that I am determined to relinquish all my positions, as a Selangor State Exco Member as well as the State Assemblywoman for Bukit Lanjan. I am thankful for the party leadership’s concern and encouragement. I seek their understanding for my predicament.

My commitment to the ideals of the Parti Keadilan Rakyat remains unwavering. I shall retain my party membership and continue to struggle for a just society with the party.

The nation is at a crisis facing a serious economic recession. Unemployment is rising, while corruption remains rampant. I wish public discussions would concentrate on these important issues rather than analysing my private life. My principle remains the same ?

I will not answer any questions pertaining to my private life. My private life is not for public scrutiny as I have not broken any law or caused harm to anyone.

I plead to the media as well as my supporters to allow me some peace of mind, and to give me space. I urge the media to leave my family, friends and I alone. Please do not continue to shame my family and I, so that we have a chance to lead a normal life as ordinary citizens.

Lastly, I wish to thank the support from the public that has been pouring in ceaselessly. I am very moved and eternally grateful to my friends and colleagues who stand by me. There is nothing in this world that can repay your kindness.