Press Release: In support of children’s rights to housing, education and play

10 December 2009 marks the 61st anniversary of the Universal Declaration of Human Rights. The Human Rights Committee (HRC) of the Bar Council commemorates this anniversary annually through an activity. This year, the HRC has decided to organise a fund-raising charity dinner to raise funds for seven children’s homes under the theme “OUR CHILDREN. OUR HOPE. OUR FUTURE”.

1989 was a significant year for children’s rights. On 20 November 1989, the United Nations General Assembly adopted and opened for signature, ratification and accession, by virtue of Resolution 44/25, the Convention of the Rights of the Child (CRC). This is a landmark international agreement setting out the rights of children all over the world, and the responsibilities of governments throughout the world to promote and protect the rights of children. It covers both civil and political rights, and, equally importantly, the economic, social and cultural rights of children. This includes the right to be brought up in an environment of safety and security, the right to health, the right to education, and the right to playtime and leisure.

2009 therefore marks the 20th anniversary of the CRC. It is also close to the 15th anniversary of Malaysia’s accession to the CRC. Malaysia acceded to the CRC on 17 February 1995, albeit with reservations.

The Malaysian Bar Council is a leading advocate and proponent of human rights in Malaysia. Our work covers both the rights of adults as well as children. We articulate civil and political rights – such as freedom of assembly, freedom of expression, freedom of information and freedom of religion – that are important to both adults and children. But on the occasion of the 20th anniversary of the CRC, we are also highlighting the economic, social and cultural rights of children.

We have chosen to highlight the plight of the children living in these seven homes because not enough is being done to alleviate the situation of marginalised children in our country. Malaysia has made great strides in educating and caring for children in this country. But more can still be done, especially for children in homes, orphanages and shelters. Even as we strive to provide the best of educational opportunities and facilities for our own children, we need to stop and spare a thought for those much less fortunate than ourselves. Their basic need for a roof over their heads, food on the table and clothes on their backs cannot be taken for granted. While some of these children are able to go to school, others only receive rudimentary and sporadic education. Children need room to grow, space to play, and the means to enjoy their childhood.

No child, regardless of race, religion, nationality, or economic or immigration status, should be left behind. We cannot afford to say that we will help them only when we and our own have been adequately taken care of. Our common humanity demands no less.

We also call on the Government of Malaysia to withdraw the remaining reservations and to embrace the CRC and its two Optional Protocols in their entirety.


Ragunath Kesavan
President
Malaysian Bar

1 December 2009

Anwar Pushes Amendments To Guarantee Oil Royalties

From The Malaysian Insider
By Leslie Lau

Sila lihat juga Laman Tengku Razaleigh Hamzah

KUALA LUMPUR , Dec 1 — Datuk Seri Anwar Ibrahim (picture) has given notice in Parliament of an attempt to table a private member’s bill to amend the Petroleum Development Act (PDA) 1974 to guarantee oil producing states revenue from oil royalties from the federal government.

The proposed changes to the law are not likely to be debated in Parliament because the government does not customarily allow the opposition to table law, and will move to block such an attempt.

But the Opposition Leader appears to be using his proposed amendments to apply further pressure on Datuk Seri Najib Razak’s administration to deal with the flap over oil royalties.

Anwar’s amendments seeks to define in clear terms what is meant by “offshore,” which is a crucial element in the current dispute between Putrajaya and the PAS-led Kelantan state government.

Pakatan Rakyat (PR) lawmakers are demanding that oil royalties be made to Kelantan but Najib has only promised “goodwill payment” through federal government projects.

The Barisan Nasional (BN) government’s attitude is different for states held by the federal ruling coalition such as Sarawak, where oil royalties are paid directly to the state.

Anwar is now seeking through the private members bill to define “offshore” as referring to a portion of area in the open sea that falls within the limit of the Exclusive Economic Zone.

He claims that that the three nautical miles boundary only came to the picture by way of inference due to the ambiguity in the definition of the word “offshore”.

The BN government, he claimed, was using the definition of “territorial waters” contained in the Energency Ordinance Act 1969.

Najib has said that Kelantan was not entitled to royalty as the oil is extracted beyond state waters or beyond three nautical miles from the shore.

This argument was again used as the government’s defence in not giving Kelantan royalty by the Minister in the Prime Minister’s Department Datuk Nazri Aziz when pressed by the opposition in Parliament last week.

Anwar had also recently invited founding chairman of national oil company Petronas Tengku Razaleigh Hamzah to join a bilateral parliamentary caucus to make amendments to the PDA and ensure relevant state administrations receive oil royalty.

Tengku Razaleigh’s involvement in the opposition campaign to get oil royalty for Kelantan formally started last Wednesday when he said that the state had the right to receive profit from its oil.

The former finance minister was involved in the drafting of the law and the opposition has argued that the law was drafted to ensure that oil-producing states receive a five per cent royalty.

Tengku Razaleigh has said that it was Kelantan’s “constitutional right” to receive Kelantan, which is under PAS control, will instead receive “goodwill payment” for its oil.

Tengku Razaleigh said yesterday that the Najib administration’s refusal to pay the fee to Kelantan has cast serious doubt on the Putrajaya’s “respect for the sanctity of contracts and the rule of law” and has implications beyond just that state.

“Let’s not talk about attracting FDI and increasing domestic investment to take our economy to a higher level when we do not respect our basic obligations,” the Kelantan prince wrote in his weblog yesterday.

This is the second such criticism that the government has reneged on its agreements, the first being for its 20-year-long refusal to allow Communist Party of Malaya chief Chin Peng from returning home under the Hatyai peace accord signed on Dec 2, 1989. The 85-year-old has sued to return home but the courts have ruled against him while the government said it can’t forgive him for his war against the state that killed thousands.

The DAP has criticised the ruling Barisan Nasional for the Chin Peng snub, while its Pakatan Rakyat ally, PAS which has ruled Kelantan since 1990, has asked the Gua Musang MP to head a caucus to press for Kelantan to get the oil royalty for oil and gas extracted off its shores. Tengku Razaleigh has yet to decide but his party leaders have cautioned him against doing so.

Pertuduhan Fitnah Terhadap Saya Semakin Membusuk

Permohonan saya untuk membatalkan pertuduhan fitnah telah pun ditolak mahkamah tinggi. Barisan peguam bela berhujah bahawa pertuduhan tersebut merupakan satu dakwaan jahat dan didalangi konspirasi politik.

Malah dikemukakan bukti penglibatan peguam negara dalam konspirasi kes terdahulu serta penglibatannya dalam pertuduhan terkini. Dilampirkan laporan suruhanjaya “mata lebam” yang menunjuki peguam negara terlibat memalsukan keterangan demi memastikan mereka yang mencederakan saya terlepas dari hukuman.

Manakala mahkamah berpendirian lapuran perubatan sahaja tidak memadai, peguam bela saya berhujah pertuduhan harus membuktikan adanya kemasukan atau tembusan, kerana itu mahkamah perlu mempertimbangkan laporan pusrawi dan hospital kuala lumpur yang jelas menunjukkan tidak berlakunya fitnah liwat itu. Mahkamah juga menetapkan tarikh perbicaraan pada 25 Januari 2009. Peguam Karpal Singh menyebut Mahkamah Persekutuan belum memberikan keputusan bersabit permohonan kami memperolehi dokumen. Hakim Zabidin Mohd Diah dengan bersahaja menjawab “tidak perlu.”

Mahkamah tinggi hari ini juga memutuskan punyai kuasa untuk membatalkan satu pendakwaan bagi mengelak penyalahgunaan kuasa mahkamah: “Safeguard an accused from abuse.”Dihadapkan dengan bukti yang jelas sebegini pun mahkamah memilih untuk berpihak kepada pendakwa.

ANWAR IBRAHIM

Declaration 1128 Cannot Be Refuted, Says MCA Youth Chief

KUALA LUMPUR, Nov 30 (Bernama) -- Declaration 1128 approved by supporters of MCA vice-president Datuk Seri Liow Tiong Lai cannot be refuted even if it has been dismissed by party president Datuk Seri Ong Tee Keat, MCA Youth chief Datuk Dr Wee Ka Siong said Monday.

He said the delegates at the special briefing held on Saturday had implemented what they should have done.

"Although the party president has dismissed the declaration, it does not matter. They (the delegates) have done what they should have," he told reporters at the lobby of Parliament House, here.

Dr Wee was asked to comment on Ong's dismissal of the declaration, which had wanted fresh party polls to be held within 60 days.

The special briefing had also urged Ong to adhere to the understanding that both factions had agreed to hold fresh polls, he said.

Ong, in dismissing the declaration, had said that any call for fresh elections must follow the party's constitution and be referred to the party's central committee (CC).

On a related matter, Dr Wee expressed regret that Wanita MCA secretary-general Senator Heng Seai Kie had reportedly stated that only 547 MCA central delegates had attended the special briefing, contrary to Liow's statement that the briefing had 1,600 participants.

He said the number stated by Liow was arrived at from the attendance registration book.

Kg Buah Pala: Where's the compensation?

Their houses in Kampung Buah Pala were demolished in September, but nine residents are still waiting for compensation.

Today, their representatives submitted a memorandum to Penang Chief Minister Lim Guan Eng during a break in the state assembly sitting, urging the state government to expedite settlement.

Residents association chairperson and senior citizen Draviam Arul Pillay, 84, managed to meet Lim in the compound of the building, where an exhibition is being held.

Lim smilingly received the memorandum from Sugumaran (left) and shook hands with Draviam.

Some 10 residents had planned to accompany Sugumaran, but were stopped by security personnel at the front gate.

Lim's political secretary Ng Wei Aik tried to receive the memorandum from Sugumaran, but the latter insisted on handing it to the chief minister.

"It has been nearly three months since our houses were demolished. It's unfair to exclude us from compensation when others from Kampung Buah Pala were duly compensated," said Sugumaran.

He indicated the residents may resort to legal action if the state government refuses to entertain their call for an amicable solution.

Asked to comment later, Lim declined to respond.

'Talks in progress'

Sugumaran later told journalists that Deputy Chief Minister (II) P Ramasamy had refused to entertain his request a month ago for a meeting to negotiate compensation.

"Ramasamy told me that there would be no more negotiations with us," he claimed.

Ramasamy (right) declined comment on the allegation, but said the state government is holding talks with the developers to end the stalemate.

"I am confident we will reach an agreement soon," he told Malaysiakini.

Kampung Buah Pala, once known as the Tamil High Chaparral, was demolished to make way for a luxury condominium project called the Oasis.

The joint-venture project is undertaken by the landowner - Koperasi Pegawai Kerajaan Negeri Pulau Pinang - and private developer Nusmetro Venture (P) Sdn Bhd.

They have agreed to build 24 double-storey houses for the former villagers, excluding the nine residents who have opted for a cash settlement.

Obama ready with Afghan strategy

After three months of deliberation, Obama is set to announce his Afghan war strategy on Tuesday [EPA] Barack Obama, the US president, has briefed key allies on his new strategy for the war in Afghanistan a day before he is expected to announce it. The new plan is expected to include sending 30,000 more US troops as well as setting a time frame to exit Afghanistan. After three months of deliberations, Obama will outline his plan in an address to the American public on Tuesday from the US military academy at West Point in New York. Pentagon officials hope that Nato member states will supplement the US increase with up to 10,000 of their own troops and trainers - pushing the overall number of extra troops close to 40,000. 'Not open-ended' Washington hopes the boost, which is expected to be phased in over the next 12 to 18 months, will create conditions that will eventually allow the number of US troops to be scaled back. "You will hear the president discuss clearly that this [support for the war] is not open-ended," Robert Gibbs, a White House spokesman, said on Monday. "This is about what has to be done in order to assume that the Afghans can assume the responsibility of securing their country," he said. General Stanley McChrystal, the US and Nato commander in Afghanistan, told politicians that a troop reduction could begin by 2013, while the White House said it expected US forces out of the country by 2017 or 2018. Rob Reynolds, Al Jazeera's correspondent in Washington, said the troop numbers are less important than Obama's goals. "I think Obama is going to have to reintroduce the American people to exactly what these goals are - whether he is going to scale them up or down," Reynolds said. Obama's 'contradiction' Reynolds said there is a contradiction in what the president is saying. "He is saying it is not an open-ended commitment and yet he is going to finish the job, which implies the troops will be there for as long as it takes. "If the goal is to completely eradicate the Taliban, that would require more troops than I think any army has." Obama on Monday briefed Kevin Rudd, the Australian prime minister, in an Oval Office meeting and spoke with other leaders, including Gordon Brown, the British prime minister, the French and Russian presidents and the Italian prime minister. "The president believes the situation in this region is a shared international challenge, so building on the work he's been doing in this regard," Gibbs said. "The president will be in close consultation with our friends and allies throughout the day." Obama's discussions with the leaders of Nato member countries came on the same day that Brown pledged to send 500 more British troops to Afghanistan.

Najib, bro must come clean on PI's allegations - Malaysiakini

Karpal Singh has called on Prime Minister Najib Abdul Razak and his younger brother Nazim to set the record straight with regards to the recent revelations related to private investigator P Balasubramaniam.

"The allegations are serious in nature and should be answered. Najib must answer. His silence would be seen as an admission of guilt," the senior lawyer said.

Karpal, who is also DAP national chairperson, had previously represented Shaariibuu Setev, the father of slain Mongolian national Altantuya.

Last week, Ipoh Timur MP Lim Kit Siang, said Najib should stop ignoring the allegations of his involvement in the gruesome murder.

In interviews appearing on the internet, Balasubramaniam maintained that his first statutory declaration, which implicated the premier, was correct.

Malaysiakini had also published an interview with his lawyer, Americk Singh Sidhu.

'Push for criminal defamation'

Meanwhile, Karpal said Nazim should "push for criminal defamation" against the private investigator if the allegations were untrue.

"It should not be let off silently. Questions have been raised and they should be answered," he added.

Describing the latest turn of events as "very disturbing", Karpal said he also regretted that a molotov cocktail was thrown into lawyer Manjeet Singh Dhillon's home on Nov 18.

Manjeet, a former Bar Council chairperson, was the other lawyer besides Americk who witnessed Balasubramaniam's tape interviews.

Karpal said if the premier and his brother do not clear the air, the allegations would continue to linger on.

Similarly, he said to one Deepak who had also been quoted by Balasubramaniam, must also come out to clarify his position.

Asked if he had informed Shaariibuu of the latest development, Karpal said he had not and would consider the matter in entirety first, before informing his client.

Shaariibuu had filed a RM100 million suit on June 4, 2007, seeking damages over his daughter's death.

In the statement of claim, the family said her death had caused them mental shock and psychological trauma, entitling them to be compensated with exemplary and aggravated damages.

Ex-police chief backs Chin Peng's right to return - Malaysiakini

exclusive Communist Party of Malaya (CPM) leader Chin Peng, 85, has a right to return to Malaysia at least on a social visit, said former inspector-general of police Abdul Rahim Noor.

This, he said, is provided for in the Hatyai Peace Accord signed on Dec 2, 1989 between the CPM and Malaysian government to end some 40 years of communist insurgency.

“I go strictly by the spirit of the agreement. First of all, (it) covers all levels of CPM members from the bottom-most to the highest-most,” he said in an interview to mark the 20th anniversary of the treaty on Wednesday.

“If you consider Chin Peng as the highest leader in the hierarchy, then it covers (everyone from him) right to the bottom-most (personnel).”

Chin Peng, who real name is Ong Boon Hua, was born in Sitiawan, Perak, but now lives in southern Thailand. His recourse to the Malaysian courts to be allowed to return has failed, and the government has since reiterated that he is barred from doing so.

Abdul Rahim, 66, said the terms allow those born in then Malaya to return home if they chose to.

“But they had to give the government indication within 12 months from the date of the peace agreement, whether they (would) come back or not.

“Those who failed to do so, or (who) for some reason (felt) they didn't want to come back (permanently), would still be allowed to come back any time on a social visit, but not for good to settle down in this country.

“I think it is on this basis of the agreement that a vast majority of them were allowed (to return), young and old.”

The peace treaty was signed by Chin Peng, Rashid Maidin and Abdullah CD (representing CPM) and home ministry secretary-general Wan Sidek Wan Abdul Rahman, IGP Hanif Omar and army chief Hashim Mohd Ali who represented the Malaysian government in Hatyai, Thailand.

Abdul Rahim expressed surprise at the government's refusal of this right to Chin Peng, as well as the recent court decision to block his return.

“I don't know if Ching Peng did apply to come back within the specified period of time - the 12 months effective from the time of the peace agreement.

“Assuming that he did not apply to come back within that period, based on the agreement he should (still) be allowed (in) on a social visit.”

'Arguments baseless'

Government leaders and former security personnel have objected vehemently to Chin Peng's return, based on his decision not to dissolve CPM - still considered an illegal organisation under Malaysian law - and because of atrocities committed by its personnel.

Responded Abdul Rahim: “I fail to understand this. The fact is that the government had deemed it fit to sign the peace agreement, although (it) was fully aware that the CPM had been a illegal (organisation) since 1948.

“(It is) a party whose permit for existence was not renewed in 1948, and yet the government deemed it fit to enter into a peace treaty to end the (insurgency).

“Therefore, logically, both sides must respect (the agreement). To the best of my knowledge, Chin Peng's side has observed every (one of the) terms and conditions of the peace treaty.”

Abdul Rahim said many army personnel have visited the 'peace villages' in Thailand, but have not seen any indication that the ex-CPM members who live there are likely to revert to communist ideology.

“The CPM has observed the peace treaty. So (what about us?) I think the government has done well to the extent that those who came back were given allowances. They were not arrested under ISA (Internal Security Act) and one or two are even lecturers in a local university.

“It is only Chin Peng (right) who has not been allowed to return. Here, let me remind you that I am (speaking as a) professional man, and (that) I refer to the peace treaty.”

Army veterans should understand that they were representatives of the armed forces when the agreement was signed, and that the aim was to settle the insurrection in an amicable manner, he said.

“I am sure (they) knew the implications – the short, medium and longer range implications – of the peace treaty. They would have advised the government that (signing) it would have been a slur on the armed forces, or something like that.

“To me in any war, in an armed conflict, big or small, there must be casualties...If you say the army, police personnel and civilians suffered the most, ask the CPM (and) they would say the same thing - 'what about me and my people?'

“So to me, views expressed by (associations representing) veterans and ex-police (personnel) are just emotional.”

Abdul Rahim also asked why ex-CPM leaders like Abdullah CD and his wife Suriani have been allowed to enter the country on a social visit pass, and had even been granted an audience by the Perak sultan.

“Abdullah CD in his memoirs had gleefully admitted that he was behind the attacks on police station in west Pahang.

“Were conditions (imposed on Abdullah and Suriani) to provide documents to prove they were born (in Malaya, as Chin Peng has been told to do)?

“It is unfair what they are doing to that old man (Chin Peng). As a professional, I believe that the government should keep its end of the bargain,” said Abdul Rahim.

In another development, opposition leaders Anwar Ibrahim and Lim Kit Siang both urged the government to honour the Haadyai agreement and allow Chin Peng to visit his hometown in Sitiawan.

They said that the government's credibility will be affected adversely if it reneged on the commitments and undertakings in the Haadyai agreement.

Reaching out to all, Hindraf’s theme for third year

Malaysiakini - Vox Populi

Kris Khaira: Timber companies in Borneo steal from the vulnerable through illegal logging because of profit. For the same reason, oil palm plantations pay their workers of all races, including Indians, obscenely low wages. The common enemy here is capitalism, a system that prioritises profit over people.

Gibran: Hindraf is not racist; it started by taking up the plight of the suppressed Indians. If they are successful, the ramifications will be great because this allows other marginalised communities like the disabled, single mothers and the like to bring up their issues.

Hindraf’s success is pertinent - we could best equate it with the civil rights movement in US in the 60s, once the African-Americans obtained equal rights other marginalised groups started fighting for their rights too. Let us support this movement.

Paradox: Dear Penan brothers, be prepared! Hindraf will join forces with you to help your struggles. Now, this is what we call the real ‘Bangsa Malaysia’. Kudos to Hindraf!

Pau Line Yaacob: Hindraf is on the right path. Many misunderstand them as being a race-based organisation but there is no harm in raising the issues of your community.

Pairin raises KadazanDusun issues as well. Would you call him racist and not seeing larger Malaysian issues? Similarly Hindraf speaks for the marginalised Indians. In fact they are going a step further to incorporate the natives from Borneo. Well done.

SPRM Akui Ahli Politik Paling Kerap Terlibat Rasuah

(SelangorKini) - Transparency International Malaysia(TI-M) sebulat suara bersetuju bahawa ketelusan memainkan peranan penting dalam memastikan amalan rasuah tidak berlaku di kalangan ahli politik menjelang pilihan raya.

Seminar mengupas isu politik wang itu juga turut menyaksikan pelbagai pandangan daripada panel berhubung langkah mengatasi amalam berkenaan.

Antara cadangan yang diutarakan dalam seminar berkenaan adalah dalam membanteras amalan rasuah ini, ia tidak seharusnya disandarkan penuh kepada polis semata-mata.

“Cara yang terbaik yang boleh saya cadangkan ialah tidak meletakkan tanggungjawab memerangi rasuah ke atas pihak polis”,kata Proffesor Jon S.T. Quah,Perunding Anti Rasuah Singapura.

Manakala Datuk Wira Wan Ahmad,Timbalan Pengerusi Suruhanjaya Pilihanraya pula berkata,“Faktor kegagalan dalam memastikan ketelusan dalam pengurusan wang politik antaranya adalah sikap ahli politik itu sendiri dan juga partinya yang menjalankan aktiviti tidak sah untuk menang undi dalam sesuatu pilihanraya”.

Pengarah Bahagian Kecemerlangan dan Professional Suruhanjaya Pencegahan Rasuah Malaysia (SPRM),Abdul Wahab Abdul Aziz, pula mengakui bahawa kebanyakkan kes penyelewengan wang di negara ini terjadi dikalangan ahli politik.

“Parti plitik adalah sektor yang paling banyak terlibat dengan rasuah. Sebanyak 42% parti politik terlibat dalam rasuah mengikut kajian yang dibuat”,katanya.

Seminar sehari ini adalah antara usaha Tranparency International memerangi jenayah politik yang melibatkan jutaan ringgit akibat penyalahgunaan wang terutama ketika musim pilihanraya.

304,358 M'sians Migrated To Other Countries From March 2008 Till Aug 2009

(Bernama) - The Dewan Rakyat was today told that 304,358 Malaysians migrated from March 2008 till August this year.

Deputy Foreign Minister Senator A. Kohilan Pillay said the figure for 2007 was 139,696 citizens.

“Among the factors for their migration were because of education, brighter career or business prospects as well following their spouses for Malaysians who married foreigners,” he said when replying to a question for Chua Tee Yong (BN-Labis) on the matter.

To a supplementary question from Dr Dzulkefly Ahmad (PAS-Kuala Selangor), Kohilan said the Science, Technology and Innovations and Human Resources ministries were making efforts to get Malaysians abroad to come home among others through a “brain gain” programme.

DAY 2 – 25 MARCH 2003 (Part 2)

He told me, "If you can say that he made sexual advances at you, we can make some money." I got very upset. Then he said, "Relax. Why don’t you say that you brought some girls and boys for him."

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Fernando then read out the evidence of Jamal Abder Rahman who, on Monday, 3 April 2000, during the course of Anwar’s trial, testified as follows:

Fernando: Did you provide limousine services to Dato’ Seri Anwar?

Jamal: Yes, every time he visited Washington DC.

Fernando: Did you yourself drive these VIP’s around?

Jamal: Yes.

Fernando: In September 1998 did you go to the Malaysian Embassy in Washington?

Jamal: Yes, I did.

Fernando: Did you meet a Malaysian diplomat by the name of Mustapha Ong?

Jamal: Yes.

Fernando: During that meeting what transpired?

Jamal: He asked me to go to New York for business.

Fernando: When?

Jamal: The following day, at 6.00 am.

Fernando: In your limousine?

Jamal: No, in my private car, a Cadillac.

Fernando: What transpired during the journey?

Jamal: We drove off and just before the Delaware Bridge, he asked me if Dato’ Seri Anwar had made any sexual passes at me. I told him, "You must be joking!" Then he said, "You can make some money."

He told me, "If you can say that he made sexual advances at you, we can make some money." I got very upset. Then he said, "Relax. Why don’t you say that you brought some girls and boys for him."

I said, "Look here Mr Ong, leave me alone; I don’t care about Malaysia, I don’t care about nobody right now. We are going to New York for business. Let’s finish the business and I don’t want to hear the subject no more!"

When we drove on New York, he tried to convince me further and in the meantime I was thinking to myself, do I know two Anwar Ibrahim? He (Ong) told me, "There is a videotape in Malaysia everybody by now knows Anwar Ibrahim from the videotape; why don’t you say so."

I said, "If you have a videotape, why the heck do you want me for?" He replied, "So that the Americans will know too!"

When we arrived in New York, I dropped him off at a diplomat’s apartment. I think it was on the 13th street, East Side. The Malaysian diplomat came down holding a very small booklet and passed it on to Mustapha Ong and they were talking in Malay. I did not understand them. Ong put his hand on my shoulder, trying to convince me to spend the night there. I refused. I wanted to go back to Washington. Mustapha showed me the booklet and asked, "Why dont’t you sign this and we can make up to US$ 200,000. Don’t be crazy."

I said: "You are looking at the most crazy man in the world. That’s me." And I told him: "You change the name from Jamal to Mustapha Ong and say that Anwar Ibrahim made sexual passes ... made love to you. Say anything and you make the money!" I then said, "Have a good day!"

I left and went back to Washington DC ... straight. Then I went to see the Malaysian Ambassador, one Dato’ Dali.

I told Dato’ Dali what transpired during the journey. He was very upset. He said, "Jamal, I assure you I have nothing to do with it. The Embassy has nothing to do with it." And he was very upset; I could see the fire on his face. He said, "You should have slapped him on the face." I said, "I should have done that."

He told me to forget the whole thing. Three months passed and the whole thing kept coming to my mind. I wanted to get if off my chest. I went to see one Sheikh Thahar, a friend of Dato’ Seri Anwar.

He is the president of an Islamic University in Northern Virginia. Leaders from all over the world go to see him. He is a friend of Faruqi (a world-reknown Islamic scholar). I made three attempts to see him but was not successful. Then I made a phone call. I told him I wanted to see him. He said, "What for." I told him, with respect to Dato’ Seri Anwar. "How fast can you come?" he said.

Subsequently I drove down from Washington and met him at 2 pm. I told him what happened. He told me, "Why don’t you see the Malaysian Ambassador." I told him I had seen him (the Ambassador) three months previously. He said, "I will get in touch with you tomorrow". The next day, he phoned me and asked me if it was okay with me, I could make an affidavit before a lawyer about what happened.

Then I said to him, "What you want me to do, I will gladly do." I went with his son to see a lawyer and told the lawyer what happened and he wrote it down. The lawyer asked me if I was prepared to take a lie-detector test. I said, "If you want me to take a lie-detector test, I take a lie-detector test, if you want to put me to sleep I’ll go to sleep."

Fernando: Did you sign an affidavit?

Jamal: Yes. Then I left.

Fernando: Then what happened?

Jamal: I think Sheikh Thahar got in touch with somebody in Malaysia subsequently. Then Sheikh Thahar asked me, "Are you willing to go to Malaysia if you can." I said, " I am willing, if I can." Sheikh Thahar thought I was afraid. I said, " I am not afraid of anyone. I have fear only for God."

Fernando: Did Sheikh Thahar say anything about religion?

Jamal: He said, "If you shut out the truth, you are the devil’s brother!"

Fernando: Did Dato’ Seri Anwar make any passes at you or sodomise you at any time?

Jamal: No sir, he did not, he never did and never will!

Fernando: So this man wanted you to fabricate this evidence, did he not?

Jamal: I think so.

Fernando: On the way to New York from Washington, did Ong ask you to meet anybody or propose to meet anybody?

Jamal: Yes, he did.

Fernando: What did he say to you?

Jamal: He asked me to meet somebody from Abdullah Badawi’s staff so that I can collect the money but I refused.

Fernando: Why did he want you to see somebody from Abdullah Badawi’s staff?

Jamal: I understood, by that, if I say what they wanted me to say, I will get the money.

Read Part 1 at: DAY 2 – 25 MARCH 2003 (Part 1) (UPDATED with BM Translation)

Najib and Cabinet should do what is right – honour the Hatyai Agreement and allow Chin Peng home to visit his hometown in Sitiawan

The Prime Minister, Datuk Seri Najib Razak, should do what is right – honour the Hatyai Agreement and allow Communist Party of Malaya (CPM) leader Chin Peng home to visit his hometown in Sitiawan.

It reflects most adversely on the credibility and international standing of Malaysia for the Malaysian government to renege on its solemn commitments and undertakings in the Hatyai Agreement.

When the Hatyai Agreement was signed 20 years ago, both signatories agreed to move on and this is what the Malaysian government and country should do – allow Chin Peng home to visit his parents’ graves in Sitiawan.

Press Release: Safeguard fundamental liberties of witnesses

The Malaysian Bar welcomes the High Court’s recent ruling that the Malaysian Anti-Corruption Commission can only question witnesses between 8.30am and 5.30pm. This decision recognises and protects witnesses, who have the right not to be interrogated outside of office hours. The Court’s reasoning, which is based on the Federal Constitution’s provisions that safeguard an individual’s fundamental liberty, is to be commended.

Even detained persons have the right not to be interrogated during the night and to be allowed adequate rest. Rule 20 of the Lockup Rules 1953 provides that detainees “shall be locked up for the night by 6.30 p.m. and shall rise and be dressed by 6.30 a.m.”

Witnesses in an investigation should, at a minimum, be accorded the same protection and rights. They cannot be compelled to give testimony outside of office hours, but may be allowed to do so if they are agreeable to such an arrangement, and they should always be permitted access to legal counsel of their choice during questioning.

The High Court’s ruling in no way diminishes the duty of law enforcement agencies to preserve law and order both day and night, as many other tasks can be conducted outside of office hours. Inspector-General of Police Tan Sri Musa Hassan’s reported statement that “it would be pointless to operate round-the-clock if police could not record statements from witnesses after office hours” appears not to take into account the plethora of tasks that law enforcement personnel engage in aside from the questioning of witnesses.

The High Court’s decision is a positive step forward in safeguarding human rights and improving the practices of law enforcement agencies. The result will, in the long run, enhance the credibility of such agencies.


Ragunath Kesavan
President
Malaysian Bar

30 November 2009

Judicial transformation

The Star
By Risen Jayaseelan & Daljit Dhesi

Chief Justice Tun Zaki Azmi has initiated reforms that include making the judiciary more efficient and cases to be heard faster.

A PLETHORA of issues have dogged the Malaysian judiciary over the years. Its independence has been questioned since the 1988 judicial crisis and until today, the judiciary’s critics continue to raise issues of how judges are selected and the lack of openness in the process of empanelment, that is the internal process of deciding which judge or judges sit in particular cases.

That isn’t all. Malaysia’s judicial system has also been seen as being inefficient. Long postponement and disposal of cases has been the norm. With files apt to go missing and allegations of corruption among court staff, it is no wonder that Malaysia ranked poorly with regard to the ease of doing business here.

In 2008, the World Bank ranked Malaysia in 59th place, out of 181 countries, when assessed in terms of the ease of enforcing contracts. Singapore was ranked 13th in that same report.

But a sea change is taking place and at the heart of it lies Tun Zaki Azmi, the Chief Justice of Malaysia (CJ) set on removing inefficiencies in courts, even if it means “dragging the judiciary and the Bar (Council), kicking and screaming.” (Those aren’t exactly Zaki’s words but he did use it in a speech last month at the appointment of new judges, quoting a past CJ of Singapore, who had embarked on similar changes with the Singaporean judiciary in the late 1990s.)

Zaki, a long-time practising lawyer who had quickly risen the ranks to become CJ last October, is changing the judiciary in a very McKinsey-type management style.

He has set key performance indicators for judges, giving them a target number of cases to hear every year; he has also “encouraged” some non-performing judges and court staff to leave and demoted others, drumming up the message to shape up or ship out; he has brought in new judges from private practice, many of whom are non-Malay and has personally ensured that the lackadaisical file management system in courts have been upgraded. Zaki is also known to personally visit courts to see that all is up to mark.

Unprecedented openess

Zaki has also established an open dialogue with the Bar Council that is unprecedented. “The relationship between the Bar and the CJ has never been this good. The CJ seems very ‘consultative’,” says Ragunath Kesavan, the Bar Council’s president.

Backlog of cases across all courts have been coming down as cases are being disposed of quicker with judges disinclined to give postponements without just reasons, as per Zaki’s instructions.

There has been a 100% increase in clearing of backlog cases in the Appellate and Special Powers Division of the High Court since January and between 50% and 60% increase in the Commercial High Courts.

“Zaki’s efforts to revamp the judiciary are commendable. The delay in commercial dispute resolution is a problem that the private sector has complained about for years,” says Tan Sri Yong Poh Kon, who heads Pemudah, the task force set up to look into improving the public services delivery system.

Armed with statistics to prove that improvements have been made, Zaki has given at least three face-to-face interviews in the last week alone, first with the Bar Council, followed by a daily newspaper and then with StarBizWeek.

It would be unfair to say Zaki is out to “blow his own trumpet”.

Indeed, Zaki is not entirely comfortable with having too much attention on himself, preferring to include as many Federal Court judges as he can to join in the interviews. In all three interviews, Zaki was joined by the Chief Judge of Malaya (who ranks third in the judiciary and oversees the High Courts) Tan Sri Arifin Zakaria. (There were other Federal Court judges present in the two newspaper interviews.)

Zaki was asked to give the interviews after lawyers and the Bar Council protested about the fast pace the judges were taking, on the grounds that postponements were not being granted despite valid grounds. Zaki’s efforts, it seems, were a bit of a shock to the system. In legalese, Zaki was moving from an era of “justice delayed is justice denied,” to one where “justice hurried is justice buried,” as some lawyers are apt put it.

Zaki says the changes are not as drastic and draconian as some make it out to be. “It is left to the discretion of the judge. If unreasonable refusals (for postponements and adjournments) have been made, the party concerned can apply for a revision or appeal. But remember that we are coming from an era where the delays in our courts have been at unacceptable levels. I know of cases which have been postponed for up to 33 times.”

Zaki’s blueprint for change was drawn mainly from Singapore’s experience. Similar problems had dogged their judiciary, with regard to delays and the lack of case management and in true Singapore-style, a management-oriented approach was embarked on in the 1990s, which has eventually led to Singapore having “one of the most efficient and effective systems in Asia, perhaps in the world,” as stated in a World Bank report.

Business-styled change

Zaki’s business-like approach has won him the support of the Government. By his calculations, it costs the Government at least RM1mil a year to pay a High Court judge. He justified a RM70mil investment in an e-courts system (see page 21) on the basis that it will eventually bring about savings as fewer judges will be needed. The e-courts system is expected to speed up the hearing of cases by three to four times, says Zaki.

For now though, Zaki is hiring more judges to help clear the current backlog of cases, and getting some of the new recruits from the pool of practising lawyers. The Malaysian judiciary has been said to lack experienced lawyers on the bench, which had been the norm in its early days, drawn from the practice in Britain.

That is changing as Zaki has appointed a handful of senior practising lawyers as Judicial Commissioners (JC), who are typically on a two-year contract.

The JCs stand the chance of being elevated to a full fledged High Court judge after their two-year term.

A problem remains with regard to keeping the best and letting the bad ones go. Like in all government-type organisations, Zaki faces the challenges of how to rid the system of the non-performing judges.

The Umno-lawyer legacy

It wasn’t a smooth beginning though for Zaki’s CJ role as his appointment drew a lot of criticism. When he was made a Federal Court judge in September 2007, he bypassed the convention of first serving in the High Court and the Court of Appeal. But that was less of an issue compared with the fact that the seasoned corporate lawyer was also seen as having close ties to Umno, having been the party’s legal adviser.

“After all that hoopla, I didn’t want to speak to the press anymore,” recalls Zaki, whose father the late Tun Azmi Mohamed was Lord President from 1966 to 1974.

Zaki, the country’s 12th CJ, seems to have overcome that shyness and was prepared to take all questions, even the difficult ones, in his stride in this interview with StarBizWeek.

While the judiciary’s revamp from an efficiency and administrative standpoint cannot be faulted, it is still moot if it is wholly independent. For example, even though the way judges who are appointed today goes through a Judicial Appointments Commission (JAC) that includes eminent past members of the judiciary and current judges, the influence of the Prime Minister is very much present. The UK’s JAC has done away with the involvement of the executive in the judge selection process, while in the United States, the President still appoints senior judges.

Adds lawyer Edmund Bon, chairman of the Bar Council’s Constitutional Law Committee, “The process of empanelling still leaves much room for improvement. It should be more transparent.”

A recent Federal Court decision not to grant a request for a full 11-member bench to hear a high profile political case had drawn criticism, as the case, an appeal, will be heard by five judges, all of whom had at some point presided over hearings related to the same case.

Zaki says such criticism is unjustified. “In cases involving the Government and private parties, in many times, the Government has lost. So we judges have decided against the Government.”

When pressed to comment on empanelling, Zaki says that when cases involve the Government, “I do not interfere. My appointment and position has been associated with Umno and other allegations.”

Apparently, the empanelling in the hot political cases is left to the president of the Court of Appeal, in effect the second highest honcho in the judiciary, Tan Sri Alauddin Mohd Sheriff.

White collar crime

Yet another grouse was that white-collar criminals were not receiving punishment commensurate with the offences committed, with many perpetrators merely receiving fines that were small when seen in the light of the profiteering they possibly enjoyed or financial losses they caused to others.

Zaki conceded that the Securities Commission (SC) chairman, Tan Sri Zarinah Anwar, had raised the issue that such cases were proceeding rather slow in the courts. He says action was swiftly taken to create a separate commercial court in the Sessions Courts to hear such cases.

He also says that part of the reason why harsher punishment (for white collar crimes) was not meted out is because the prosecution has not pressed for a heavy sentence.

“In any event, there is always the avenue for appeal (against the light sentence),” adds Arifin.

Positive implications of revamp

No one though can argue with the zest with which Zaki is reforming the Malaysian judiciary and all the good that can come out of it. From a foreign direct investment standpoint, Zaki’s moves are just what the doctor ordered.

“Studies by several international development institutions including the Organisation for Economic Cooperation and Development, has shown that how commercial disputes are handled through the judiciary has a huge impact on where investors will go. In the past, quite a significant number of commercial contracts inked in Malaysia had specified a third country for the settlement of disputes because of the delays in our legal system,” points out Pemudah’s Yong.

A big worry though remains whether Zaki’s efforts will continue. He will retire in October 2011, when his term ends.

“I promised my wife I will retire then. But don’t worry, the momentum will be carried out by the others on the bench,” Zaki says.

Bukit Antarabangsa: Jangan biarkan Pusat bersembunyi di belakang OSA

Dari Harakah Daily

Kerajaan Negeri Selangor tidak bersedia untuk membenarkan Kerajaan Pusat bersembunyi di sebalik Akta Rahsia Rasmi (OSA) dan terus menafikan hak penghuni Bukit Antarabangsa dan orang ramai bagi mendapatkan maklumat sebenar berikutan kejadian tanah runtuh di kawasan itu.

Menteri Besar, Tan Sri Khalid Ibrahim dalam kenyataannya hari ini berkata, kerajaan negeri akan mencari jalan bagi memboleh maklumat itu didedahkan sepenuh.

“Pada masa sama, pihak perundangan Kerajaan Negeri sedang mengkaji beberapa peruntukan lain untuk mengubah status dokumen
tersebut sekiranya Kerajaan Pusat terus menafikan permohonan Kerajaan Negeri ini,” katanya dalam satu kenyataan hari ini.

Sebelum ini, Khalid memaklumkan, kerajaan negeri telah mengeluarkan laporan mengenai kejadian tanah runtuh itu dari dilindungi di bawah Akta Rahsia Rasmi.

Namun, pihak kerajaan pusat membantahnya kerana ia terletak di bawah bidang kuasa mereka bukannya kerajaan negeri.

Sehingga kini, laporan akhir kajian tentang punca kejadian tanah runtuh di Bukit Antarabangsa belum pun didedahkan kepada umum.

Ekoran itu Kerajaan Selangor berasa sangat kecewa kerana hasratnya untuk mengubah status laporan tersebut (to declassify) tidak mendapat sokongan Kerajaan Pusat.

Kerajaan Negeri dan agensinya Majlis Perbandaran Ampang Jaya (MPAJ) sudahpun menghantar surat kepada Kementerian Kerja Raya dan Kabinet Kerajaan Pusat memohon kebenaran untuk mengeluarkan laporan kepada umum tetapi sehingga hari ini, belum menerima jawapan.

Sehubungan itu, Kerajaan Negeri menegaskan pendiriannya sekali lagi bahawa Kerajaan Pusat mesti mendedahkan laporan tersebut demi kepentingan umum, terutamanya kepada penghuni Bukit Antarabangsa.

Laporan tersebut yang disediakan oleh Jabatan Cerun Bukit Kementerian Kerja Raya, dilaporkan sudahpun diserahkan kepada Majlis Perbandara n Ampang Jaya pada September lalu tanpa pengetahuan Kerajaan Negeri.

Hanya pada November ini Kerajaan Negeri dimaklumkan mengenai laporan tersebut.

Oleh sebab laporan itu menyentuh isu tanah, iaitu dalam kuasa undang-undang Kerajaan Negeri, maka Mesyuarat Ahli Majlis Kerja Kerajaan Negeri (MMKN) pada 18 November 2009, bersetuju menggunakan kuasa Menteri Besar menurut Seksyen 2C Akta Rasmi 1972 untuk mengubah status dokumen tersebut (to declassify the document).

“Dengan ini diberi penegasan di sini bahawa Ahli-Ali MMKN (EXCO) bersetuju mengambil tanggungjawab penuh terhadap keputusan pengubahan status laporan tersebut.

“Pegawai-pegawai lain Kerajaan Negeri pula tidak dilibatkan dalam usaha
membuat keputusan tersebut, dan dengan yang demikian, mereka tidak boleh
dikenakan tindakan undang-undang. Maka dalam hal ini, Kerajaan Negeri memberi jaminan untuk melindungi kesemua pegawainya daripada apa-apa tindakan undang- undang, jika ada, yang berkaitan dengan isu ini,” kata Khalid dalam kenyataannya.

Kerajaan Negeri, katanya, sedang melakukan segenap usaha bagi memastikan badan-badan dalam Kerajaan Pusat memberikan kebenaran untuk mendedahkan apa-apa laporan kepada orang ramai.

Caucus: Tengku Razaleigh's Decision Depends On Fair Representation

KUALA LUMPUR, Nov 30 (Bernama) -- Former finance minister Tengku Razaleigh Hamzah said his decision on whether to chair the caucus on oil royalty for Kelantan would depend on balanced representation by all parties.

Tengku Razaleigh who was involved in Petronas' inception, said he was not compelled to make the decision but hoped the caucus would be represented by all members of parliament from the petroleum-producing states.

"I want to see that the representation is more encompassing, if possible, before I make the decision. I want to see that it does not involve politics.

"Then we have a caucus. But there is no urgency," he said at the parliament lobby Monday when asked by reporters on his decision on the offer to head the caucus.

Tengku Razaleigh had been reported to be considering the invitation from opposition leader Datuk Seri Anwar Ibrahim to chair the caucus.

However, a few days later, Deputy Prime Minister Tan Sri Muhyiddin Yassin asked him to think carefully although the issue involves Kelantan before deciding on the move mooted by the opposition pact, especially Anwar himself.

Muhyiddin said that based on party principles, the Barisan Nasional should not be involved in it.

On this, Tengku Razaleigh who is also Gua Musang MP said the question should not arise because there were instances before where the ruling government and opposition together formed committees to deal with matters in the interest of the people.

"So, the issue of whether the government can or cannot sit on a committee set up by the opposition should not arise. What is important is that the people's interest should come first."

However, he said the decision should not be made in haste because if the government accepted the demand made by the caucus, it would have to pay the arrears in oil royalty.

Asked about his stand on the payment to Kelantan which was announced as "wang ihsan" (compassionate fund) instead of oil royalty, Tengku Razaleigh said when the agreement was made, there was no mention of "wang ihsan", instead it was called cash payment.

"The agreement and the ruling was made by me. "Wang ihsan" never crossed my mind. "Wang ihsan" is for beggars.

"This is the people's right. We did not call it royalty. We called it cash payment. That is why we need not raise the oil royalty issue as it had nothing to do with oil production and the related payment to the state government or any other party. It was an agreement to strengthen the position of states in the federation," he explained.

He said that according to the agreement under the Petroleum Development Act, the term oil royalty did not arise but was only being used now, and the accurate term was cash payment, not "wang ihsan".

"There is only one agreement under the Petroleum Development Act that I have seen," he added.

To clear the confusion, Tengku Razaleigh said he was considering participating in a public forum on the issue soon which was being arranged by certain quarters.

"The forum is to explain the issue in the interest of the public and has nothing to do with politics," he said.

Himpunan Anak Muda di Bukit Aman, 3 Disember ini

Atas semangat dan kesedaran anak muda Malaysia maka Solidariti Anak Muda Malaysia (SAMM) dan Solidariti Mahasiswa Malaysia (SMM) akan menghantar laporan 'rasmi' ke Jabatan Siasatan Jenayah Kormersial PDRM berkenaan dengan isu

• Sogokan oleh proksi Najib Razak kepada Balasubramanian untuk melindungi kebenaran dalam kes ALTANTUYA
• Rasuah dan salahguna kuasa Setiausaha Perdana Menteri
• kegiatan mensabotaj ekonomi negara dengan menyeludup wang (jumlah amat besar) oleh Menteri Besar Negeri Sembilan

Untuk itu satu taklimat penerangan media akan diadakan pada 3 Disember 2009, 9.00 pagi, di hadapan pintu utama, I/pejabat PDRM, Bukit Aman, Kuala Lumpur.

Untuk menyatakan sokongan semua anak muda dijemput hadir.

Liow's faction vows to quit to force fresh polls

Part 9: RPK Speaks His Mind - The Special Position of the Malays and the Federal Constitution

Najib to reveal new MCA peace plan

Najib (second right) will unveil a new peace plan for MCA when he returns tomorrow. — file pic

By Adib Zalkapli - The Malaysian Insider

KUALA LUMPUR, Nov 30 — Datuk Seri Najib Razak will reveal a new peace plan for the crisis-ridden MCA upon his return from abroad, his deputy has said today.

Tan Sri Muhyiddin Yassin, who met MCA leaders last night, said the new peace plan will help the Chinese party out of the leadership crisis.

The prime minister is currently attending the Commonwealth Heads of Government Meeting (CHOGM) 2009 in Port of Spain and is scheduled to return tomorrow.

“I will brief him on the outcome and I saw there was a strong commitment from almost all the (MCA) leaders that I met to resolve the political crisis,” Muhyiddin told a press conference here.

“I made some proposals and almost everything was accepted, but whatever it is, the final decision will be announced after the prime minister has studied the plan,” he added.

Last night senior MCA leaders met Muhyiddin for almost three hours at his private residence to draw up a new peace plan.

Present were MCA deputy president Datuk Seri Dr Chua Soi Lek, secretary-general Datuk Wong Foon Meng, and all four vice-presidents Datuk Seri Kong Cho Ha, Datuk Seri Dr Ng Yen Yen, Tan Kok Hong and Datuk Seri Liow Tiong Lai.

MCA president Datuk Seri Ong Tee Keat did not attend the meeting as he was unwell.

Last week, Muhyiddin was tasked by prime minister to find a solution to the MCA crisis.

Muhyiddin had said that he would make, finding a solution to the MCA crisis, part of his key performance index (KPI) and hoped that he could find a solution to resolve the crisis by the end of this month.

The MCA crisis has become a major concern for the Barisan Nasional (BN) leadership as it fears the problem could jeopardise Chinese support for the ruling coalition.

MCA plunged deeper into a leadership crisis after the Oct 10 extraordinary general meeting (EGM) which later saw it split into two major factions — one headed by Ong and the other led by Liow — after Ong and Dr Chua reconciled.

The situation worsened after Ong sacked Wanita chief Datin Paduka Chew Mei Fun and Youth chief Datuk Wee Ka Siong from the presidential council.

Liow’s faction, at a gathering last Saturday, had passed the declaration, called “Declaration 1128”, pushing for the party leadership to hold a fresh election at the central committee level within 60 days.

The declaration was dismissed by Ong, who argued that it needs to be supported by the majority of the central committee members.

Anwar vs Dr M: Hearing on Thursday

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, Nov 30 — The Federal Court today postponed hearing Datuk Seri Anwar Ibrahim’s suit against Tun Dr Mahathir Mohamad and the federal government for his 1998 sacking to Thursday.

This was after one of the three judges on the Bench agreed to withdraw from hearing the case. Judge Datuk Hashim Yusoff volunteered to recuse himself after Anwar’s lawyer, Karpal Singh, said they had reservations there may be bias.

Hashim had in 2003 sat on the Court of Appeal panel in Anwar’s first sodomy case. The former deputy prime minister, who is suing for damages over his sudden sacking from his government posts a decade ago, was present in court today.

Anwar (picture) later remarked that Hashim’s recusal was “very unusual.” He told reporters that the judge had offered to step down three times, which he noted was very suggestive of admitting bias.

Hashim’s replacement will only be announced on Thursday. The other two judges in the case are Court of Appeal president Tan Sri Alauddin Mohd Sheriff and Datuk Abdull Hamid Embong.

Under pressure, Cabinet to overhaul BTN

BTN will be revamped, says Nazri. — file pic

By Syed Jaymal Zahiid - The Malaysian Insider

KUALA LUMPUR, Nov 30 — Datuk Seri Nazri Aziz announced today that the Cabinet has agreed to revamp the Biro Tata Negara (BTN) following rising pressure to shut down the programme, which has been called a tool to spread racist propaganda.

The Minister in the Prime Minister Department disclosed that the Chief Secretary to the Government has been instructed to oversee BTN’s revamp

Nazri, speaking to reporters in Parliament lobby, said the recent Cabinet meeting saw it necessary to do away with BTN co-curriculum which government leaders, including the prime minister, saw was racially divisive and destructive.

“We agree to revamp BTN because the co-curriculum is against Datuk Seri Najib Razak’s 1 Malaysia concept,” said Nazri.

Ignorance no defence for Negri MB in RM10m transfer

KUALA LUMPUR, Nov 30 — Datuk Seri Mohamad Hasan has found himself in a pickle over his alleged transfer of RM10 million to London, due to the perception that he should have known better than to send the money through a money changer.

The Negeri Sembilan Mentri Besar’s use of a money changer has thrown up a host of questions, most of which involve corruption allegations that the Pakatan Rakyat (PR) — and even his enemies in Umno — are already exploiting.

Mohamad’s predicament has invited comparisons to another Umno politician — Tan Sri Muhammad Muhammad Taib, the former Selangor MB — who was caught in Brisbane in 1997 for failing to declare nearly RM4 million worth of Australian dollars.

Muhammad admitted in court later that he had bought several properties worth nearly RM17 million. He was eventually acquitted after he claimed ignorance of Australian laws because he could not understand English.

But Mohamad does not have the same option.

Before he was made Negri Sembilan Mentri Besar in 2004, he was the managing director of Cycle & Carriage.

Mohamad has followed the footsteps of Muhammad. — file pic

As a major corporate figure, Mohamad is familiar with the laws surrounding money transactions.

The Malaysian Insider reported yesterday that Mohamad is understood to have privately blamed his own staff for making him use the services of a money changer.

But the questions surrounding him now is not just that he used a money changer instead of a bank, where he would have had to make an official declaration, but why he chose the illegal option.

Mohamad, who became mentri besar in 2004, is currently under Bank Negara Malaysia (BNM) probe for allegedly transferring funds amounting to RM10 million to London through a money changer, Salamath Ali.

Mohamad’s illegal transaction surfaced because of Bank Negara’s drive to go after hot money sent through Indian-Muslim money changers in the system known as hawala — which financial authorities and even the United Nations had promised to eradicate as a conduit for financing global terrorism and crime.

Mohamad had avoided answering questions about the transaction from DAP lawmaker Anthony Loke in the Negri Sembilan state assembly sitting last week.

But he cannot stay silent for long, now that the knives are out for him in his own party.

Yesterday, The Malaysian Insider reported that Negri Sembilan Umno warlords are using allegations of the illegal money transfer to unseat the unpopular Mohamad.

PR lawmakers are also pressing the Malaysian Anti-Corruption Commission (MACC) to initiate an investigation.

In 1997, Muhammad was forced to resign as Selangor Mentri Besar after his failure to declare the cash he was carrying surfaced.

Mohamad’s enemies in Umno will want him to do the same as Muhammad, and possibly install the popular Tan Sri Isa Samad as his replacement.

But The Malaysian Insider understands that Umno president Datuk Seri Najib Razak is not likely to push for his removal.

The original plan was always to have a new MB in Negri Sembilan only after the next general elections.

But both Mohamad and Najib will have to come up with convincing arguments to appease the state’s party warlords and also to avert a potential backlash from the public.

honouring our agreements

By Tengku Razaleigh Hamzah

The Government has now responded to Kelantan’s claim to a portion of the profits derived from petroleum resources extracted offshore by PETRONAS.

Its response violates the letter and the intent of a solemn agreement signed between each State Government and PETRONAS under the Petroleum Development Act.

That agreement is made out in language simple enough for a schoolboy to understand, in both Bahasa Malaysia and English.

The Constitutional rights of the people of Kelantan are denied. However this has implications far beyond Kelantan:

1) It negates an agreement signed between the Kelantan Government and PETRONAS. By implication, it negates identical agreements signed by PETRONAS with every other state and deprives the people of their constitutional rights.

2) The Government’s refusal to recognize a straightforward contractual obligation on PETRONAS’s part puts a question mark over the status of oil payments due to the other oil-producing states. The States’ rights to 5% of profit derived from the extraction of any petroleum resources is based on a quid pro quo according to which the States vested entirely and in perpetuity all their rights and claims to petroleum resources to PETRONAS. In return for this PETRONAS is legally bound to pay the states the 5% directly

3) If PETRONAS no longer recognises its legal obligation to pay the States what is due to them under the Petroleum Development Act, the States, and in particular Sabah and Sarawak, will now wonder if the corresponding Vesting Deed by which they vested all their rights in their petroleum resources to PETRONAS remains in force.

4) The Government’s response substitutes for PETRONAS’s legal obligations under the Petroleum Development Act an arbitrary “compassionate payment” from the Federal Government. This casts serious doubt on the Malaysian Government’s respect for the sanctity of contracts and the rule of law. Let’s not talk about spurring investment to take our economy to a higher level if we fail to understand the importance of abiding by contractual obligations.

I helped craft and negotiate the Petroleum Development Act. As Chairman of Petronas, I signed separate and identical agreements in respect of these payments with each of the Mentris Besar of the States. I must insist that PETRONAS is bound by them and that the Federal government should not interfere in their fulfillment.

Tengku Razaleigh Hamzah

Member of Parliament, Gua Musang

–

I will discuss my response to the proposed parliamentary caucus on this issue in my next posting.

I last wrote on the issue of Kelantan’s right to oil payments in my letter to the Mentri Besar of Kelantan in July this year. PETRONAS was formed to unite the country under a single and simple formula for sharing the bounty of our petroleum resources. Any unraveling of this formula could have serious consequences for our Federation.

Sparks to fly at first ever MIED meeting

By Baradan Kuppusamy, themalaysianinsider.com

KUALA LUMPUR, Nov 30 — A unique showdown is on the cards between MIC president Datuk Seri S. Samy Vellu and his longtime rival Datuk S. Subramaniam at the first ever formal meeting of the MIED, the party’s education arm, on Thursday.

The MIED has never had a formal meeting since its founding by Samy Vellu, Subramaniam and three others some 25 years ago.

The meeting will be especially stormy and laden with emotions, with former MIED CEO P. Chitrakala Vasu, the former blue-eyed-girl of Samy Vellu, scheduled to attend Thursday’s meeting and confront Samy Vellu.

What would be more galling for the party president is that Chitrakala will be against him and siding with his arch rival Subramaniam.

Although sacked as MIED CEO, Chitrakala is one of the 33 life members of the MIED board and has a right to attend the meeting.

In May, she broke ranks with Samy Vellu whom she had once admired but now despises.

She had also openly admitted to benefitting from Samy Vellu’s patronage and is understood to own and manage numerous business enterprises.

Samy Vellu and Chitrakala are also engaged in a running battle, with each claiming the other had swindled MIED of millions.

They are also suing each other for fraud and defamation.

Samy Vellu sacked her as CEO in May after blaming her for the loss of RM18 million allegedly missing from MIED coffers.

She shot back by alleging hanky panky in the construction and maintenance of AIMST University to the tune of millions of ringgit.

Several police reports were also lodged by both parties against each other and the authorities have frozen several bank accounts of the parties involved.

“I can imagine the sparks flying between them at the meeting,” said a MIED life member, one of the 33, who asked not to be identified. “In fact, this is the first formal meeting of the MIED that I am attending… I am curious what will happen.”

MIED has been in the spotlight because it was revealed that the AIMST University — valued at RM1 billion — is owned by MIED, not MIC.

It was also revealed by Samy Vellu that MIC and MIED are separate legal entities.

Samy Vellu had also announced plans to bring together MIED and other projects he had started as MIC president under one private organisation to be headed by him upon retirement.

The announcement sparked a furore, with Subramaniam now leading a major campaign to “save” MIED and Chitrakala assisting in the campaign by revealing numerous allegations of inside deals involving Samy Vellu and MIED.

Thursday’s meeting, sources said, would also see Samy Vellu, who is MIED chairman, tabling the annual accounts for at least five or six years at one go, something clearly unacceptable under company law.

The meeting would in fact be divided into “several meetings” for each year from 2004 to 2007.

Getting Malaysia out of the rut

By Deborah Loh
thenutgraph.com

What would the fisherfolk think of the government's plan for a high income nation?

IT'S a grand announcement, but what would a fisherfolk or a padi farmer think about the government's plan to make Malaysia a high income nation by 2020? What would a single mother doing odd-jobs think of the goal to raise per capita income from the current US$7,000 to US$13,000 in the next 11 years? Probably that it would not be in her wildest dreams.

There's the rub about announcements like these. Focusing solely on high-income figures provides an incomplete picture of a country's well-being, and glosses over disparities. Even the World Bank, which classifies nations according to per capita income, acknowledges this.

There are also foundational questions about whether the 2020 goal, which hinges on an annual 6% gross domestic product (GDP) growth rate, is achievable. And if it is, at what cost to other aspects of life?

Sharing the wealth

Per capita income is the easiest indicator to quantify and communicate when gauging a country's standing. At a glance, Malaysia does appear healthy enough with a sizeable middle-class.

"A large middle-income group is the hallmark of stable and sustainable societies. This group should be the one that provides the per capita income figure. If the average income is raised because of a small group of very rich, that is not desirable," RAM Holdings group chief economist Dr Yeah Kim Leng tells The Nut Graph.

Therefore, closing the social gap through equitable income distribution is just as important as raising per capita income.

Lim

"Per capita income is just personal income figures and not a measurement of the standard of living. You may have per capita income increase, but the income of the majority of Malaysians may have gone down or increased only very marginally," says Centre for Policy Initiatives director Dr Lim Teck Ghee in a phone interview.

A common feature, Lim adds, is stunted social development if higher income growth is not accompanied by equitable distribution. Additionally, a widening class and income gap also contributes to an increase in crime and other social problems.

Thus, there are other, more subjective indicators that need to be assessed, like the environment, public health, education, gender equality, media freedom, crime rates, and more. There is also the Human Development Index, used by the United Nations Development Programme to assess human development according to health, knowledge and decent living standards. Malaysia ranks at number 66 out of 182 countries in the 2009 Human Development Report and is considered a "high human development country".

Stuck in the middle

Certainly, Malaysia has made strides in poverty eradication and in raising living standards and incomes, especially for the rural poor through various agricultural programmes and subsidies.

But foundational building blocks, like education and the public delivery system, remain problematic due to politically-influenced decision-making. And so Malaysia, having come so far and with so many resources, seems unable to push beyond mediocrity. It is the phenomenon of being stuck in the middle, of having achieved upper-middle income country status as per World Bank standards, but of not progressing further.

The New Economic Policy has often been blamed for this mediocrity. The DAP says the affirmative action policy for bumiputras is the trap that has kept Malaysia stuck in middle-income position.

But in less harsh and less political tones, this view is actually echoed in varying descriptions by academics and economists. Meritocracy is the way out of mediocrity.

Play fair

YeahIn the different prognoses offered, market deregulation and the need for competition feature strongly. "Just employ market forces, be competitive and the rest will take care of itself," RAM's Yeah notes. "High efficiency is normally present in competitive markets."

He points to monopolies over certain industries by government-linked companies (GLCs), such as utilities, car manufacturing and agriculture, and suggests that these sectors be made more "contestable". The same should go for the mobile and broadband services, he adds.

Fair competition should also exist in more basic areas like education. Universiti Kebangsaan Malaysia economist Prof Dr Ragayah Mat Zin, who is with the Institute of Malaysian and International Studies (Ikmas), disagrees with the political motives behind the awarding of scholarships to all top performing students.

"A means test to check the income levels of a student's family should be conducted. Full scholarships should only be awarded to students from poor families, and maybe partial scholarships for the wealthy," she tells The Nut Graph.

Opening up sectors and letting the market forces in will help solve another problem — the brain drain. Competition will force merit-based recruitment, improve workforce skills, create the environment local talent overseas desire, and raise salaries accordingly.

"All these are basics when wanting to achieve higher per capita income," CPI's Lim says.

Graduating from the middle class

Ragayah (courtesy of Ragayah
Mat Zin)Ragayah, who is working on a research project for Ikmas on the ways Malaysia can "graduate to developed status", feels that the challenges are mounting. "We just dropped lower in the Corruption Perception Index. That's not going to encourage people to invest here," she notes.

Other problems she identifies: over-dependence on foreign workers in the labour market, and manufacturers' reluctance to spend capital on high-technology methods of production. At the same time, Malaysia has lost its competitive edge as a cheap-labour destination to neighbouring countries which are also providing better investment incentives.

The World Bank has also identified that Malaysians are not investing locally but preferring to go abroad. The brain drain has not been resolved. Subsidies are not targeting the poor and leaking out of the system.

For DAP economic adviser and parliamentarian Tony Pua, graduating from the middle in many ways means going back to school.

"The overall quality of education in the country has dropped with the proliferation of universities and university colleges without the corresponding increase in quality of students gaining entry for degree studies," he tells The Nut Graph.

Pua

In other words, Malaysia needs an education system that can be reformed to produce a mass of graduates who can think critically. If not, the government's talk of using innovation in information communication technology and building human capital using the Multimedia Super Corridor (MSC), will remain a vague ideal.

Most of all, if selective treatment of human capital, whether students, entrepreneurs or industries, continues, the best of Malaysia's money and brains will continue to go overseas.

"Innovation and creativity will naturally be stunted if the mediocre are protected and favoured in Malaysia. This will naturally result in those who are able, to seek greener pastures overseas where their talents are given full room to grow," says Pua.

Bleak outlook

Too often, views in support of meritocracy have been countered with unending cries that the playing field among the ethnic groups is not yet level. But will there ever be a time when the ground is level or when bumiputras feel they are ready?

What Malaysia clearly needs to push itself out of a rut by 2020 is to have a combination of needs-based subsidies and affirmative action, merit-based competition and foundational reforms.

The task ahead is daunting if the government's objectives are to be met by 2020. For certain, making grand, headline-grabbing announcements alone is the easy part.

Sabah boat capsize: One more body fished out

KOTA KINABALU: Families started burying those drowned after a wooden cargo vessel capsized in waters off the northern Kudat district three days ago just as another body was fished from the waters Sunday.

Kudat district police chief Deputy Supt Dawi Ossen said villagers at Pulau Molleoangan found 19-year-old Akmal Nazirah Sudin’s body at about 7.30am and immediately alerted the Fire and Rescue Services Department.

He said Akmal’s body was found close to shore and about 25kms from where the boat with 28 people sank in rough seas while on journey between Kudat and Pulau Banggi on Thursday.

Among those on board the overloaded craft were three crew members and the 21 relatives of former Sabah Assemblyman Yahya Othman, 61.

With the recovery of Akmal’s body, the number of those still missing is nine with six bodies recovered so far.

Thirteen other people, including Yahya, survived the ordeal.

On Sunday, Dawi said the search and rescue effort mounted by Marine Police, Malaysian Maritime Enforcement Agency, firemen as well as villagers was called off at sunset and will continue at 7am Monday.

MACC to give more bite for its Anti-Money Laundering unit

The Sun
By Tim Leonard

KUALA LUMPUR (Nov 29, 2009): The Malaysian Anti-Corruption Commission (MACC) is giving more bite to its Anti-Money Laundering division to strengthen its investigation procedures and processes.

theSun learnt that the MACC is increasing its expertise in this specialised field, especially to beef up investigations and enhance its technical processes, especially for cases involving intricate financial details and trails.

A senior management official of the MACC said the division would be given more bite with increased powers to carry out investigations and be on par with international anti-graft bodies.

The MACC is also in the process of hiring more officers to strengthen the division.

"The division will liaise directly with statutory bodies such as Securities Commission, Bank Negara, Companies Commission of Malaysia and commercial banks, and will operate with greater level of powers," said the official.

He said while the division would work within the general scope of the Anti-Money Laundering Act 2001, it will also work with a broader scope to curb corruption and nabbing those involved in corruption by using the financial systems.

"The division will also work closely with those involved in the banking and financial sectors, including company secretaries, lawyers, remisiers, stock broking firms, fund managers and even bank clerks," he added.

The official said many cases today were no longer straight-forward corruption cases but those involving the use of sophisticated methods that were usually carried out by those with good knowledge of the financial systems.

He cited a case where the suspect was investigated for receiving kickbacks but no traces of money were found in his account. However, subsequent probes by the division found financial trails that ended in a company belonging to the relative of the suspect.

The money received as "kickbacks" was camouflaged under different receivables and "parked" in the relative's company. The money was planned to be channeled to the suspect under different guises.

The official said MACC lost many cases, some were even thrown out before the accused's defence was called, because many a witness turned "hostile" and brought down the prosecution's efforts.

"The MACC wants to rely more on technical aspects and equip itself with the highest technical skills to be able to successfully prosecute a case," said the official.

MACC deputy commissioner Datuk Abu Kassim Mohamed was quoted recently as saying MACC lost cases because of problems with witnesses.

Out of 107 cases the MACC prosecuted as of Sept 30, it only won 82 and lost 25 cases or 23%.

Out of the 25 cases, 21 cases saw those accused being released without having their defense called.

UMNO

1. Pilihanraya Umum ke-13 hanya dua tahun lagi. Saya sedang meneliti reaksi rakyat terhadap UMNO dibawah pimpinan baru. Saya terkejut. Saya terkejut kerana seorang bekas pemimpin UMNO yang kanan telah meluahkan perasaannya dengan berkata "UMNO is rotten to the core" (UMNO busuk hingga ke ususnya).

2. Beliau telah berkata yang beliau sedang memikir untuk menyokong PAS. Beliau juga berkata beliau telah bertemu ramai pemimpin-pemimpin UMNO yang telah bersara dan mereka speendapat dengannya.

3. UMNO busuk daripada peringkat terendah hingga ke peringkat tertinggi katanya. Di cawangan, ketua cawangan hanya berjuang untuk mengekal dirinya sebagai ketua sahaja. Kenapa? Sebabnya majoriti ketua cawangan dapat jadi pengerusi Jawatakuasa Kemajuan dan Keselamatan Kampung dengan elaun tertentu dan kuasa untuk mengagih peruntukan. Berpeluang juga untuk jadi kontraktor Kelas F untuk projek kecil di luar bandar.

4. Untuk menentukan dirinya tidak dicabar ketua cawangan tidak akan benarkan sesiapa yang lebih terpelajar daripadanya masuk UMNO cawangannya. Lebih daripada itu kebanyakan peruntukan untuk jadi ahli UMNO, yang mana dia mesti melalui cawangan, tidak akan dilayan. Tujuannya ialah supaya cawangannya tidak mempunyai banyak ahli kerana mereka tetap akan menimbulkan masalah dan sukar dikawal, bahkan sukar disogok pun.

5. Sebab itu tidak ramai ahli profesional yang dapat menjadi ahli UMNO. Sebaliknya semakin ramai daripada pemimpin PAS terdiri daripada doktor, peguam, jurutera dan lain-lain profesyen.

6. Oleh kerana ketua cawangan biasanya tidak memiliki pelajaran yang tinggi dan beliau menentukan ahli lain dalam cawangannya mempunyai ilmu pengetahuan yang lebih rendah daripadanya, maka apabila ketua terpaksa berhenti kerana sebab-sebab tertentu, maka penggantinya akan terdiri daripada yang kurang berkebolehan daripadanya. Dengan itu kualiti kepimpinan akan merosot sepanjang masa.

7. Tentu ada cawangan yang tidak seperti ini tetapi pengecualian hanya mengesahkan keadaan yang sebenar.

8. UMNO, kata bekas pemimpin kanan ini sekarang dipimpin oleh perasuah. Mereka menjadi ahli Majlis Tertinggi kerana sogokan wang. Orang ramai tidak akan serah nasib mereka kepada perasuah.

9. Penempatan perasuah dalam Kerajaan dan badan-badan lain juga memburukkan lagi imej UMNO. Sudah tentu perasuah akan dipilih sebagai calon UMNO dalam Pilihanraya Umum ke-13. Jika mereka diberi kemenangan maka negara akan dapat Kerajaan perasuah. Sebab itu beliau tidak akan sokong UMNO sebaliknya akan menyertai dan menyokong parti lawan. Katanya lagi hingga kini separuh daripada orang Melayu tidak merasai nikmat kerana Kerajaan-Kerajaan pimpinan UMNO menidakkan hak mereka sedangkan mereka juga orang Melayu walaupun mereka menyokong parti lawan. Mereka yang menyokong parti lawan bertambah sejak (Tun) Abdullah kerana ramai daripada ahli UMNO sendiri sudah tidak percaya kepada UMNO.

10. Yang tinggal katanya ialah orang yang berkepentingan yang berharap mendapat sesuatu kerana menyokong UMNO. Mereka ini bukan nasionalis dan mereka tidak boleh diberi kepercayaan.

11. Banyaklah lagi hujah-hujahnya akan sebab-sebab UMNO tidak lagi akan diberi peluang untuk memerintah negara yang disayangi olehnya. Saya tidak akan hurai lebih lanjut. Hanya yang saya ingin sebutkan ialah pendapat beliau sudah menular ke semua peringkat orang Melayu, bahkan ahli UMNO juga.

12. Rakan-rakan dalam Barisan Nasional semuanya berpecah dan lemah. Mereka tidak mampu menjayakan Barisan Nasional.

13. Masa semakin singkat untuk memperbaiki keadaan ini. Saya mencatat maklumat ini untuk pengetahuan umum sahaja.

Muhyiddin Meets MCA Leaders To Resolve Crisis

KUALA LUMPUR, Nov 29 (Bernama) -- Key MCA leaders met with Deputy Prime Minister Tan Sri Muhyiddin Yassin on Sunday's night, over what it is widely believed to be part of his ongoing efforts to broker a peace plan for the warring factions in MCA.

The meeting, held at Muhyiddin's residence in Bukit Damansara here, lasted almost three hours.

Present were MCA deputy president Datuk Seri Dr Chua Soi Lek, secretary-general Datuk Wong Foon Meng, and all four vice-presidents Datuk Seri Kong Cho Ha, Datuk Seri Dr Ng Yen Yen, Tan Kok Hong and Datuk Seri Liow Tiong Lai.

Party president Datuk Seri Ong Tee Keat was absent as he was warded at the Hospital Universiti Kebangsaan Malaysia (HUKM) with stomach ailment.

Met by the media outside the residence, MCA leaders declined to divulge the outcome of the meeting.

Asked to comment on Ong's condition, Dr Chua merely said that the party president ad sms-ed him and the deputy prime minister (on his condition).

Earlier this week, Muhyiddin was tasked by Prime Minister Datuk Seri Najib Tun Razak to find a solution to the MCA strife. The deputy prime minister had said that he would make, finding a solution to the MCA crisis, part of his key performance index (KPI) and hoped that he could find a solution to resolve the crisis before Najib returned from overseas on Dec 1.

The MCA crisis has become a major concern for the Barisan Nasional (BN) leadership as it fears the problem could jeopardise Chinese support for the ruling coalition.

MCA plunged deeper into a leadership crisis after the Oct 10 extraordinary general meeting (EGM) which later saw it split into two major factions -- one headed by Ong and the other led by Liow -- after Ong and Dr Chua reconciled.

The situation worsened after Ong sacked Wanita chief Datin Paduka Chew Mei Fun and Youth chief Datuk Wee Ka Siong from the presidential council (PC).

Liow's faction, in a briefing yesterday, had passed the declaration, 'Declaration 1128', pushing for the party leadership to hold a fresh election at the Central Committee (CC) level within 60 days, but the declaration was later rejected by Ong who cited that any decision made should receive the majority support from CC members.