Blogckchew: Mourning for the death of Altantuya & Beginning of the Dark Age in Malaysia. Takziah: Blogckchew berkabung sempena kematian Altantuya & bermulanya zaman kegelapan di Malaysia

death of judiciary – Raja Petra ordered by a kangaroo court to pay RM 1 million to a crook.

death of democracy – 7 May 09 Putsch in Perak.

death of Altantuya – the murderer has finally became the 666th piem.

Berita yg selalu disorok oleh media perdana: Sri Gading tempelak menteri pengangkutan sekali lagi, minta Sprm siasat menteri dari A ke Z

ACA had cleared Anwar of ‘RM3 bil bank account’ & SD from the former ACA officer

Former ACA director of investigations Abdul Razak Idris told the High Court today he had cleared Anwar Ibrahim of allegations of stashing RM3 billion in foreign accounts and having foreign links to Western interests.

Abdul Razak, 60, who is now retired but a director of several companies, said ACA had investigated the matter following allegations made in a statutory declaration by former assistant governor of Bank Negara Abdul Murad Khalid.

He said a team of ACA officers went to Singapore and United Kingdom to probe the allegations.

“We went to meet Murad and several British witnesses. But the investigations resulted in ‘No case’ against Anwar pertaining to allegations made in Murad’s statutory declaration.”

“Further, I concluded that the allegations contained in the SD (statutory declaration) were baseless and unsustainable, and I consequently ordered that the investigations be closed.”

Murad signed the statutory declaration on Oct 29, 1999 – about one month after Anwar was arrested following his sacking as deputy prime minister in early September that year.

In the declaration, Murad claimed there were 20 master accounts established for Anwar by his cronies and believed the amount to be more than RM3 billion.

Abdul Razak, who was the second witness called after Anwar, then submitted his own statutory declaration on the matter and tendered it in court.

The former top ACA investigator was testifying in a RM100 million defamation suit by Anwar against New Straits Times Press (M) Bhd and its former group editor-in-chief, Abdullah Ahmad.

The alleged defamatory article, ‘Anwar’s link to US lobbyist’, was published on March 2, 2002.

The opposition leader filed the suit on July 4, 2003, where the NSTP article was based on another article – ‘The Bush Administration’s dubious envoy to Taiwan’ – that was published in the political weekly magazine New Republic’s March 2002 issue.

Abdul Razak told the court on being cross-examined by NSTP’s lead counsel Nad Segaram that he had directed the investigations following the allegations made by Murad. He admitted he did not carry out the probe himself.

Abdul Razak said he went to Singapore to interview Murad, as well as to the United Kingdom to interview two European witnesses. However, he admitted he did not go to the United States or direct investigations to be conducted there.

He said he also directed investigations on one Douglas H Paal, who headed the Asia Pacific Policy Centre (APPC), a United States lobbyist group, following Murad’s allegations.

However, Abdul Razak said he did not meet or interview Paal, or directed the ACA to go to the US as he found it unnecessary.

The witness said after the ACA completed investigations, a copy of its findings was handed to the senior federal counsel in the attorney-general’s chambers.

Responding to a question from Karpal during re-examination, Abdul Razak said after handing over the papers, and holding discussions, he and AG’s chambers found there was no case against the former deputy premier.

Anwar: Article affected his dignity and standing

Anwar said the defamatory article made him out to be a person with no integrity, morals and dignity, bereft of principles; disloyal to Malaysia, dishonest; a corrupt and untrustworthy leader and politician.

“It also suggested that I am an American agent and a person who has abused my position for my personal gains. I felt defamed by these paragraphs and in the full context of the entire article.

“It had exposed me to hatred, ridicule or contempt in the minds of reasonable men,” he said, adding that he could not defend himself then as he was imprisoned in Sungai Buloh in 2002.

Asked by Karpal whether he challenged the veracity of the article, Anwar said he had challenged the Malaysian government, the prime minister and cabinet to conduct an independent inquiry into the said allegations made by Murad, and into the wealth of the present and former leaders.

“I also made a clarion call to the authorities to investigate the same and also demanded the setting up of a Commission of Inquiry into all allegations contained in Murad’s statutory declaration. In fact, Murad had also publicly denied free consent to the statutory declaration,” the opposition leader said.

Anwar, who is also Permatang Pauh MP said he filed the action as the article contained false and baseless allegations against him, and he complained about the 10 paragraphs containing the defamatory words.

“The article is a scurrilous attack on my character. I was in prison. Newspapers owned by Umno and the ruling alliance were used to attack me and my character.”

“I am defenceless because the newspapers would not even carry a word of my denial. This said article is just one in a series of character assassination against me,” he said.

Cross-examined by Nad, Anwar said the Prime Minister’s office then, along with the Institute of Strategic and International Studies (ISIS), had established ties with APPC to establish better rapport with Asia Pacific leaders and in particular from the US.

“APPC along with ISIS (was) tasked is to invite US congress leaders to come to a series of dialogues here,” he said.

These events, the opposition leader said, would be officiated by the then Prime Minister Dr Mahathir Mohamad and not by him. “I knew my place,” he quipped in responding to a question by Nad.

Anwar admitted he knew Paal and agreed that the APPC head had ran an article favouring him (Anwar) following his arrest in 1998 by the government.

“It was not only him who had written such articles on me but there are hundreds of articles in Arabic and Chinese. This is just one of them,” he said.

Article was based on New Republic

Rose Ismail, formerly the New Straits Times managing editor, who wrote the article said she had based it on an article that was published on the New Republic article.

“I found the magazine to be a reputable publication when I was doing a Masters in Journalism at Boston University in 1984. I have continued to subscribe to it as it contained stories of substance.

She agreed she did not contact Anwar to verify the facts as her intention was merely to highlight the New Republic article, and that the NST article did not carry her name as the article was based on another report.

“It was not an article that carried my own views or comments on the subject matter of the same. In circumstances where an article is based on another article that has already been published, it was not always the practise of the NSTP to set out the name of the author of the article.

Cross-examined by Karpal, Rose agreed the article contains serious allegations made against Anwar and she agreed she did check and speak to people before writing it.

Rose however admitted she did not speak with Anwar as he was in prison and that she did not attempt to contact him through Anwar’s lawyers.

Karpal: It could possibly have been done

Rose: Possibly

Karpal: Did you verify its contents with Murad or with Paal?

Rose: I could not locate Murad or Paal, I tried to look at the APPC website for contact details but it was not possible.

Karpal: So you ran the report without verifying the truth of the article

Rose: I would say I did, I (verified) through earlier reports including from the US congressional website based on its hearing and reports.

Karpal: You make allegations recklessly without taking steps to verify the truth?

Rose: I disagree as all (matters) is within the public sphere.

The hearing continues before Judicial Commissioner Harmindar Singh Dhaliwall for submissions.

Mkini

SD by former ACA officer cleared Anwar of RM3bil bank account:

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RPK discharged but not acquitted over sedition: Kah!Kah!Kah! caya sama polis di Malaysia

Blogger Raja Petra Raja Kamarudin, who is charged with sedition, was given a discharge not amounting to acquittal by the Petaling Jaya Sessions Court today because the police could not trace him.

Judge Rozina Ayub, in making the order, said it was most embarrassing for all the parties concerned that the prosecution had failed to serve the warrant of arrest on Raja Petra, as a result of which a discharge had to be given and the case was left hanging and without an ending.

“This case cannot proceed. It’s a pity because the prosecution had called seven witnesses,” she said.

Rozana also ordered that a notice be served on Raja Petra’s wife, Marina, to show cause why she should not forfeit the RM5,000 bail that she had posted.

“The bailor in this case, namely his wife, has to come to court to explain his absence, or forfeit the bail,” she said.

Three postponements

Earlier, deputy public prosecutor Mohd Dusuki Mokhtar informed the court that the police had failed to trace Raja Petra till today.

The court had expected the case to be disposed of by end of next month and the prosecution had lined up at least eight witnesses. However, Raja Petra went missing after seven witnesses were called.

The court subsequently gave three postponements – on May 22, July 17 and a final one on Oct 12 to enable the prosecution and police to trace him.

On May 6 last year, Raja Petra, 60, pleaded not guilty to posting seditious words relating to an article in his web site www.malaysia-today.net on April 25 last year.

- Bernama/Mkini

Lingam is not ‘legally clean’: We found out that Lingam had actually written a judgment for a particular judge and that he had gone on a trip to New Zealand with another judge.

There are no takers for a minister’s claim that lawyer VK Lingam ‘has not breached any specific law’ in the alleged brokering of judicial appointments.

Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz had yesterday defended the government’s decision not to take action, although he conceded that Lingam’s actions could be deemed ‘morally wrong’.

In 2007, a royal commission of inquiry into the ‘Lingam tape’ case had recommended investigations against Lingam  and several high-profile personalities under the Sedition Act, Official Secrets Act and Penal Code for obstructing justice.

The matter was also referred to the Malaysian Anti-Corruption Commission (MACC), but it has closed the file on the ground that it could not locate key witnesses.

The decision has not gone down well, as the following reactions reveal.

Edmund Bon, chairperson, constitutional law committee, Bar Council

The royal commission has already decided that several laws were breached. Therefore Nazri’s statement is not correct. It is unthinkable that a commission picked by the Agong could have been wrong.

Public perceptions would be towards the royal commission’s findings as these would appear to be more transparent compared to the MACC report.

We should still charge him (Lingam) under corruption, and follow the recommendations of the commission.

The Bar Council is in the process of proceeding with disciplinary action against Lingam and so far, (several) witnesses have come forward (to help with the) investigation.

Andrew Khoo, co-chairperson, human rights committee, Bar Council

If (the actions have) the potential to undermine the judiciary, then he (Lingam) should be charged under the Sedition Act.

Although the Bar Council’s official position is that it is against the Sedition Act, undermining the integrity of the judiciary seems to fit squarely with conduct that is seditious. The government seems to be happy to use the Act against people like (lawyer and DAP national chairperson) Karpal Singh.

Nazri  cannot say that what Lingam did is within the law because brokering the appointment of judges implies that there are rewards to the broker, be it monetary or otherwise.

If Lingam brokered the appointments, it would suggest that he did it for some gain. A distinction should be made between lobbying and brokering.

Prof Khoo Kay Kim, member of the ‘Lingam tape’ royal commission

Our findings have been published. There was evidence to suggest that Lingam had committed offences. For example, we found out that Lingam had actually written a judgment for a particular judge and that he had gone on a trip to New Zealand with another judge.

Unfortunately the Executive is so powerful that it can interfere with the role of the judiciary. And the Lingam case is an example of how the Executive has usurped the power of the judiciary.

With regards to the MACC decision to not proceed with its investigation, how do we know that it is telling the truth?

Ultimately, (this matter) will go back to the people and the sovereignty that lies within the people. Unfortunately we can only decide once every five years.

Ustaz Idris Ahmad, PAS information chief

PAS feels that Nazri’s answer in Parliament yesterday – that Lingam has not committed any offence – is illogical. It shows that the enforcement and justice system in the country is in turmoil.

Nazri agreed that the person in the video clip is Lingam, but that he assumes Lingam is (only) boasting and showing off his influence.

This answer is unacceptable because, during the inquiry, Lingam had said that the video clip showed someone that looks like him and sounds like him, but is not him.

Therefore, we have two different facts with regard to Lingam’s identity. This has to be proven in a court of law.

PAS also feels that the royal commission’s recommendations for an investigation against the other individuals implicated have been neglected. No official report has been made. Nazri’s answer is filled with assumptions alone and has let Lingam off easily.

This case should be investigated with care. The parliamentary reply seems to have disregarded 100 percent the royal commission’s recommendation for further investigations to be conducted.

PAS would like the case to be investigated immediately and taken to the court. This is a chance for the MACC, the police and judiciary to improve their image, as they have lost the trust of the people.

Christine Chan/Mkini

Lingam case: Opposition presents ‘key witness’

Opposition MP R Sivarasa brought Jayanthi LG Naidu, who is said to be the ‘key witness’ sought by the Malaysian Anti-Corruption Commission (MACC) in the VK Lingam case, to Parliament today.

This was to disprove Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz’s statement yesterday that MACC could not contact a key witness in the probe.

Nazri had said that further investigations into the matter cannot be undertaken by the MACC as the key witness could not be located.

Hence, the anti-graft body had classified the case as ‘no further action’.

Jayanthi however claimed that she has been available to assist MACC in their investigations at all times.

“The ACA (now MACC) have at all times been able to contact me earlier for my statement…

“After the announcement (written reply) by Nazri on Oct 23 (that no action would be taken), I called and asked the MACC who the key witness was that they were looking for.

“They were unable to answer me,” she told reporters at Parliament. Mkini

Interview with Bangkok-based French journalist Arnaud Dubus: Pic Linking jibby to Altantuya “Missing” under police nose

TEN months after his explosive investigative piece on the murder of Mongolian Altantuya Shaaribuu, Bangkok-based French journalist Arnaud Dubus gave Free Malaysia Today’s Sara Celestine an update on the scandal which has dragged down the good name of Najib Razak. In the 45-minute interview, Dubus, who wrote the article for French newspaper Liberation, admitted that the trail connecting the Prime Minister to Altantuya had gone cold. The 46-year-old journalist of 20 years believed the only evidence – a photograph – linking Najib to the dead Mongolian beauty would never be found.  Here are excerpts from the interview.

 

 

It has been 10 months since you wrote the article. How come there has been no follow-up story from you?

There’s no follow up to my article because I could not find any new element to the story.

In Malaysia, there are allegations – especially from pro-Najib bloggers – that you were paid by pro-Anwar Ibrahim people to write the story.

I’ve read that there was a conspiracy initiated by me, Anwar and the Rothschild family (which owns Liberation). It was really kind of funny. But seriously, there is no such conspiracy.

I heard about (Altantuya’s murder) when I was in Malaysia at the end of 2008 to write an article on affirmative action in Malaysia and Malaysian politics. And I thought it was a great story for a French newspaper because it had all the elements of a good article – French weapon company, corruption, politics, sex, Mongolian lady and murder.

After checking I found that no French journalists did any (intensive) investigation of it. Most of the stories were second hand, from news agencies. And I thought I should investigate the story extensively by going to Mongolia, Malaysia and France. I discussed with my newspaper and it agreed.

At that point, I contacted Anwar’s people and I told them that I was interested in writing that story. They sort of did not encourage me to work on it. They told me they’ve been trying to find something but they could not find anything and thought that I would not find anything.

So I work on the story for three months, going to Mongolia and meeting Altantuya’s family and friends and people in Malaysia. In the course of this investigation I was given this police report by somebody who I don’t want to mention the name. Not somebody involved in politics.

And this report (written by one of the Altantuya’s convicted murderers, Sirul Omar, a Special Branch officer) was actually introduced in the court but it was never published (by the media). And I thought this was an element which would make my story more interesting.

There’s talk on the Internet that you have been quiet since the article appeared because you have been paid by the anti-Anwar people?

No, they have a lot of imagination. What can I say?

However, I was a bit surprised by the stir my story created. I was not expecting the story to have a big impact in Malaysia.

From your investigation, is there any evidence that Najib is linked to Altantuya’s murder?

I’m not sure what you call evidence, but I think that everybody notices the elements that are linking Najib to Altantuya.

First is this photograph, which has been described by Shaaribuu Setev, the father of Altantuya.  He has seen the photograph of Najib, Abdul Razak Baginda and Altantuya in Paris as his daughter showed it to him.

And Altantuya’s best friend, Amy, also saw the photograph. And she can remember quite well when Altantuya explained who was who in the picture. Amy asked Altantuya who was this guy (in the photograph) and Altantuya said “he was the prime minister.” Actually around that time Najib was Deputy Prime Minister, but (clearly Altantuya was referring) to Najib.

This photograph was given to Mongolia’s Honorary Consul in Malaysia, Datuk Syed Abdul Rahman Alhabshi, who gave it to the Malaysian police and then it sort of vanished.

Altantuya also gave documents to the Honorary Consul who gave them to the police and these documents also vanished.

The second element is the statutory declaration of P. Balasubramaniam (a private investigator hired by Abdul Razak to deal with Altantuya in 2006 when she started ‘harassing’ him).

But one thing that I have to say is Altantuya has never mentioned to her family and friends that she had an intimate relationship with Najib. Maybe she wanted to hide … but the fact is she never mentioned any intimate relationship with Najib.

Can the missing photograph be found?

Well, the photograph was given to the Malaysian police; so if we want to check where was the pix somebody has to go to the Malaysian police and the one who can do it is the Honorary Consul as he was the one who gave it to them.

Unfortunately Altantuya’s father is a down-to-earth man who trusts people easily. He really trusted this Honorary Consul. And he gave him all the documents without making any copy which I thought was very naive. And everything vanished.

I think the photograph will never be found because it is too incriminating. It is just too sensitive.

Why is this photograph important?

It is important because Najib has always denied that he knew Altantuya. He has sworn on the Quran that he has never met this woman. If the photograph is found, it would contradict him and that would be very embarrassing.

There’s a report that you are going to do a movie on Altantuya’s murder?

No, no, no. It is not correct.  I’m not involved in any movie.

When I went to Mongolia (in February 2009) Altantuya’s father mentioned that he has been contacted by several movie companies to make a movie about his daughter. And he said he did not want to give his support yet as he considered that the story was not finished. He can only cooperate with movie makers only after he considers the case closed.

From your investigation of the submarine deal between the Malaysian government and the French company, do you think corruption was involved?

Yes, the fact that a deputy minister in the Malaysian parliament admitted that a commission was given by the French company to Perimekar.

Tell us about your experience investigating the Altantuya murder.

One thing which is a bit shocking, I think, especially from Razak Baginda – because with Najib we don’t know how closely he was involved with Altantuya – who was with her for several years. He has not done anything to help her family. From a purely human viewpoint, he should do something to help the family.

I knew Razak Baginda because when I was going to Malaysia he was one of the people I interviewed because he was with the Malaysian Strategic Research Centre. I don’t know him well, but I have interviewed him four or five times and I am quite disappointed with his behaviour (of not supporting Altantuya).

Free Malaysia  Today

MB slams mca rep over ‘cow head’ protest – Dare mca to have balls to chide umno for taken the lead in the protest

The ‘cow head’ demonstration which stunned the nation was raised during the Selangor state legislative assembly sitting today, with Menteri Besar Khalid Ibrahim taking a MCA rep to task.

Khalid chided Sungai Pelek assemblyperson Yap Eee Wah for appearing as if he was in the dark as to who organised the demonstration in August.

The menteri besar however refused to name those involved in the demonstration, which made news the world over.

The the proposal to relocate a Hindu temple in Shah Alam saw Muslim residents opposing the move in the demonstration held outside the state secretariat building.

The demonstrators brought along the severed head of a cow, which they kicked and spat on. The cow is considered sacred by Hindus.

Responding to Yap’s oral question on what measures have been taken to ensure such an incident does not recur, Khalid said he has met with the parties involved.

The menteri besar said the state government’s efforts to restore ties between the races following the incident was however ‘impeded’ by these parties.

“Sungai Pelek knows who were involved, not in helping to resolve the problem, but rather in worsening the situation,” he added when debating the motion on the state budget. Mkini

Anwar issues ultimatum to PKR leaders

PKR de facto leader Anwar Ibrahim has issued an ultimatum to party leaders and elected representatives – toe the line or leave the party.

Stressing that they should be loyal to the party, the parliamentary opposition leader also pointed out to PKR divisional leaders, assemblypersons and parliamentarians that they should always adhere to party policies.

“A person shall not think that he or she would be leaders and elected representatives forever,” he warned while opening the Penang PKR convention in Komtar Dome, Georgetown last night.

“You must deliver, reach out to the people and adhere to the party’s reform principles and policies. Otherwise, you will be sacked from the party.”

Anwar said that while certain criticisms against the party leaders and elected representatives were acceptable, he would not compromise when it came to those refusing to follow the stipulated party policies.

“If you cannot do that, then leave and join Umno,” he told the PKR crowd.

Anwar said the stance was taken as there were many PKR leaders who wanted stern action taken against errant members.

He also gave a stern warning to grassroots leaders who wanted to be division chief, parliamentarian, state representative and councillor – all at the same time.

“If this is the case, go form your own party … then you can hold all the positions,” said Anwar, the Permatang Pauh parliamentarian.

According to Anwar, party leaders and elected representatives should not become arrogant and forget that they were sitting in their current positions because of the people’s support.

“The people are the ultimate judges in deciding our political fate. We shall never forget them,” he said.

Pro-BN Hindraf leaders slammed

He also accused certain Indian Malaysian leaders of being Umno stooges in hijacking the spirit of Hindraf, or Hindu Rights Action Force.

Pointing out that Makkal Sakthi (people’s power) was Pakatan Rakyat’s battle cry in the last general election, he accused these Umno-sponsored Indian leaders for usurping the “spirit of Hindraf” for their own selfish gains.

“I would like to tell to them that I am Malay and Muslim leader who will fight for Indian interests and defend Hindu rights,” he said drawing applause.

Anwar also touched on the PAS national seminar yesterday, saying party president Abdul Hadi Awang had vowed that the Islamist party was fully committed to Pakatan.

“Hadi has made it clear that PAS rejects Umno,” said Anwar.

Athi Shankar/Mkini

Pas tetap komit bersama Pakatan Rakyat

Rumah baru ketua bahagian umno Bkt Bendera, ahmad ismail berharga RM3.5mil

Ahmad Ismail, Umno Bukit Bendera division chief proved to be more than stealth when it come to breaking the local council law. Just recently he bought a 3 stories house valued at about RM3.5Mil at Sanctuary garden in Batu Uban & renovated it without submitting any new building plan to the local council.

The resident association has tried to call on Ahmad Ismail to discuss about the renovation that would affect the approval of strata title & the uniformity of their houses in the exclusive housing estate but their afford were futile.

They then upon checking with Majlis Perbandaran Pulau Pinang found that no plan was submitted by him for approval. The RA then lodge a report with MPPP in order for it to investigate & take the necessary actions set by law against him. It has being about several month since the report was lodge but it seems like the MPPP is not doing anything about the matter.

According to a resident in Sanctuary garden, the housing project was less than two years old & it still has not obtained the strata title, thus when Ahmad Ismail renovated his house by adding a new extension, it has altered the original building plan & as a result the strata title may not be approved by MPPP.

“What is MPPP going to do against Ahmad Ismail who blatantly ignore the rule set by local council?” query the resident who wanted to remain anonymous for fear of reprisal.

The resident further added that it’s conceivable for the state government or the local council not to take any action against Ahmad Ismail if the state government is still helmed by previous administration because it’s widely known that the Bukit Bendera Umno chief was holding ransom against the ex-CM Koh Tsu Koon for the support of Umno members & Malay community in Tsu Koon’s constituency of Tg Bungah which is part of Bukit Bendera.

But now, the state government & local council is under the Cat government of Dap, to which it baffled the residents.

Why no action is taken against him who was an MPPP ex-councilor himself?

Ahmad Ismail is notorious for calling the non Malay Pendatang or immigrant during the Permatang Pauh by election leading to the arrest of a female journalist under ISA & tearing of Koh Tsu Koon pictures by his supporters in front of reporters. He is also the main crony involved in the PORR project & according to the news report he was the very reason the project was vehemently opposed by Dap leadership including their advisor Lim Kit Siang. But it’s seems like he has acquired a new stealth within the Cat local council & is untouchable as proven by the inaction of the state administration so far.

The extension of the new wing of Ahmad Ismail’s newly renovated house in Batu Uban.

Another view of Ahmad Ismail’s RM3.5mil house.

Hujah Bernas MP Kuala Selangor: Bajet 2010 jibby Altantuya – panjang rhetorik, isi kosong

jiwokelate2009

Bukan sahaja media perdana tidak akan siarkan, tetapi kementerian pun tidak berani jawap: Rakaman video Soalan dari Khalid Samad berkenaan demo kepala lembu

Berita tak akan masuk dalam akhbar milik bn: Rakaman video jibby Altantuya yg berbohong terpaksa berselindung dlm seluar dalam speaker utk mengelak drp dirujuk ke JK Hak dan Kebebasan

Keputusan Mahkamah Persekutuan kes MB vs MB Perak telah disusun atur: Lihat berita ini – Double-tracking project the next PKFZ? The major stakeholders of Gamuda and MMC are Raja Datuk Seri Eleena Sultan Azlan Shah and Tan Sri Syed Mokhtar Al-Bukhary respectively.

By Asrul Hadi Abdullah Sani, MI

KUALA LUMPUR, Nov 5 — With former Transport Minister Datuk Seri Chan Kong Choy implicated in the Port Klang Free Trade (PKFZ) scandal yesterday, will the RM6 billion double-tracking project be the next?

The Public Accounts Committee yesterday recommended that Chan and former Port Klang Authority (PKA) general manager Datin Paduka O.C. Phang to be investigated for criminal breach of trust in the PKFZ scandal.

According to the report by PriceWaterhouseCoopers (PwC), it said the project outlay of RM4.947 billion will go up to RM7.453 billion due to interest payments and PKA must restructure the loan or it will balloon to RM12.453 billion by 2051.

But PAC also recently announced that it was planning to investigate the RM6 billion double-tracking project, after recent revelations that the project has been managed poorly, resulting in losses amounting to more than RM1 billion so far.

According to this year’s audit report, the government may have to bear part of the RM1.14 billion loss in the 179km double-tracking rail contract between Rawang and Ipoh as the project was poorly managed.

But Chan told the PAC that the double-tracking project is “three times the size” of PKFZ.

“No, it is not the biggest (project under the Ministry of Transport). Double-tracking project is much bigger. It is 12 almost 13 billion? It is three times the size of this project (PKFZ).

“We are talking only the northern, the southern part is almost four billion,” he said in his testimony to PAC on PKFZ.

The Rawang to Ipoh (southern) double-tracking and electrification project was completed in 2008 while the Ipoh to Padang Besar portion was proposed in 2002 as a continuation of the existing tracks.

In 2003, former Prime Minister Tun Abdullah Ahmad Badawi announced that the government had decided to postpone the project which drew heavy criticism from his predecessor Tun Dr Mahathir Mohamad.

However, the project was revived when then Deputy Prime Minister Datuk Seri Najib Razak announced that the Cabinet Committee on Public Transport had decided to revive the shelved northern section double-tracking project in 2007.

Dr Mahathir had said the cancellation was a wastage of public funds.

“When the double-tracking and electrification of the railway from Johor Baru to Padang Besar was proposed the lowest proposal cost RM14 billion and would take six years to build. Roughly the government would need RM2 billion a year for the project. It could be started in 2004.

“But upon taking over the Datuk Seri Abdullah Ahmad Badawi government decided to postpone it for some reason or other, although Abdullah had promised the former prime minister to go ahead with the project.

“Now the government has found that there is a need to go ahead. Unfortunately the cost has gone up. To build the double tracks and electrification of the portion from Ipoh to Padang Besar alone would cost RM12 billion, an increase of roughly 50 per cent or roughly RM7 billion if the line from Johor Baru to Padang Besar is to be constructed (as it must),” he wrote in his blog on June 24, 2008.

The project was awarded to Gamuda Berhad and MMC Corporation Berhad.

The major stakeholders of Gamuda and MMC are Raja Datuk Seri Eleena Sultan Azlan Shah and Tan Sri Syed Mokhtar Al-Bukhary respectively.

Rakaman Video MP Lembah Pantai bidas ocpd Brickfield & agensi kerajaan Persekutuan jadi barua untuk menumpaskan kerajaan Pakatan negeri Selangor serta lain2 bahas

jiwokelate2009

Rakaman Video Diskusi Belanjawan 2010: Anwar Ibrahim

Who will hear Nizar’s case tomorrow?

Ousted Perak Menteri Besar Mohd Nizar Jamaluddin’s final appeal at the Federal Court tomorrow will be closely watched as the reputation of the judiciary is at stake.

Speculations are rife if Chief Judge of Sabah and Sarawak, Justice Richard Malanjum and highly-respected judge Justice Gopal Sri Ram may be on the bench.

This is because out of the 13 Federal Court judges, Malanjum and Gopal, along with recently elevated judge Justice Heliliah Mohd Yusoff have not taken part at all in the Perak case.

Chief Justice Zaki Azmi, along with recently elevated Justice Md Raus Sharif, who were part of the three-member bench at the Court of Appeal, that overturned the decision in favour of Zambry Abdul Kadir as the menteri besar, are not expected to be part of the panel to hear this appeal.

Zaki had said in the past that he is keeping himself out from handling political cases, owing the fact that he was Umno’s legal advisor.

That leaves 11 judges to be selected to the bench tomorrow. However, the apex court can call or promote judges from the Court of Appeal as part of the panel as has been practised in the past.

Mohd Nizar had applied for a full bench of 11 judges to hear the appeal that he hopes could end the Perak political imbroglio.

President of Court of Appeal Alauddin Mohd Sheriff and Chief Judge of Malaya Arifin Zakaria have been permanent features in handling all Perak cases that comes before the Federal Court.

Certainly, impartiality, along with justice and fairness are important characteristics needed when hearing the case as outlined by Mohd Nizar in his affidavit in support of a full bench.

And certainly, to show impartiality, judges who have not played a role in any part of the Perak matter will be seen to have this characteristic.

Sri Ram delivered Metramac judgement

Sri Ram (right), who was the most senior judge in the Court of Appeal prior to his elevation earlier this year, is scheduled to retire in about six months.

He is known for his bold and reputed judgment in the Vincent Tan vs MGG Pillai case.

His judgments are highly respected and have been used as guidelines for the lower courts.

One of his well-known judgments was in the Metramac case where in his decision, he implicated corporate figure Abdul Halim Saad, and former Finance Minister Daim Zainuddin, in having to pay damages to Fawziah Holdings Sdn Bhd.

Sri Ram remains a highly respected judge who is not only held in high regard by lawyers but the public as well.

Malanjum lone dissenter in Lina Joy case

The Chief Judge of Sabah and Sarawak, who is the youngest to be appointed to the post, is seen as one of the better judges who is not only sharp but delivers excellent writen judgments.

Justice Malanjum was the only dissenting judge on the apex court who sat in the controversial Lina Joy conversion case.

Many have commended his reasons and basis to dissent the majority judgment that ruled that Lina had to go to the Syariah Court to renounce Islam.

He had ruled to allow Lina to change the status of her religion in her identity card, as she could not get legal recourse in the Syariah Court.

Mohd Nizar in a press statement on the eve of his case is hoping that the presiding judges selected for his case are well versed in constitutional law.

Judiciary’s reputation at stake

“At a time when the reputation of the judiciary is being questioned, the public expects a fair trial,” said Nizar.

“I venture to suggest certain judges have been conspicuous by their absence although they are eminently qualified. Why have they been sidelined?

“The best way to convince the public that the hearing tomorrow is a fair one is to ensure that all Federal Court Judges sit on that day as this case is of national importance,” he added.

He said public perception is that justice must be seen to be done.

Besides the judges mentioned above, the other federal court judges are justices S Augustine Paul, Hashim Yusoff, Zulkefli Ahmad Makinuddin, Ghazali Mohd Yusoff, James Foong and Abdul Hamid Embong.

There will be five judges, identities yet unknown, who will first hear Mohd Nizar’s application for a full bench.

Humayun Kabir & Hafiz Yatim/Mkini

umno bn Dalangi Tindakan JAIS – Khalid Samad

Don’t play with syariah laws: Anwar to Umno

Opposition Leader Anwar Ibrahim said that the arrest of former Perlis mufti Mohd Asri Zainul Abidin is an indication that syariah law is becoming politicised.

“The Umno leadership is trying to make it seem that they are very Islamic and will not compromise… but if they are playing with the syariah law, then we have a problem in our country,” the PKR leader told reporters at the Parliament lobby.

According to Anwar, being a former mufti, Asri’s qualifications are not questionable, and this kind of action has also been taken against many other PAS and PKR leaders.

He added that he has spoken to Selangor Menteri Besar Khalid Ibrahim on the matter, and has recommended that it be brought to the attention of the Sultan.

“We understand that the Selangor Islamic Department (Jais) is not under his (Khalid’s) jurisdiction. However, I have requested that he seek an explanation for the arrest, and if required, to present his findings…to the Sultan,” he said.

Commenting on the further postponement of his sodomy trial to Nov 23, Anwar said that this was on the suggestion of both the prosecution and defence.

Anwar said the prosecution is causing the delay by appealing against the High Court’s ruling to hand over documents relating to the case, including the medical report, to the defence team.

“If the prosecution, on the instructions of Umno, insists that I am in the wrong, then just provide me with the documents and continue with the trial,” he said.

We made a mistake with Badrul

Speaking about Port Klang state assemblyperson Badrul Hisham’s decision to quit PKR, Anwar again admitted that there are flaws in PKR’s selection process.

“We admit that the selection process before March 8 (has caused us) to choose those who did not show worthy performance and qualification. We were still new and I apologise for this weakness,” he conceded.

Anwar shared that he had a meeting with Badrul to discuss his performance and absence from the state assembly sittings about seven months ago.

“At the time I noticed he had personal problems. I advised him to resolve his problems and improve his performance. I viewed his situation with some sympathy,” he said.

He added that PKR candidates now undergo training, are reviewed and assessed, and that those fielded in the future will be those who are qualified and have a good track record of performance.

Aidila Razak & S Pathmawathy/Mkini

Lagi berita yg bn & media perdana tidak mahu Rakyat tahu – gabungan bn terus kecoh: Menteri tinggal di banglo, Rakyat Sabah tinggal di tandas banglo & Menteri KPI tidak tahu Kebelakangan atau Kalabakan

jiwokelate2009

Berita yg media perdana cuba gelapkan: Rakaman video Ahli Parlimen Sri Gading Tempelak ong tee keat & koh tsu koon

Rakaman Video Ustaz Dr Asri – Perlukah Jais Layan Seperti Penjenayah? 30 polis diarah tangkap Ustaz Asri

paradisewoodDRMAZA

Ex-Perlis mufti freed on bail: Jais feels the heat?

Has mounting pressure from both Barisan Nasional and Pakatan Rakyat politicians forced the Selangor Islamic Department (Jais) to postpone its decision to charge former Perlis mufti Dr Mohd Asri Zainul Abidin?

Following his arrest last night after conducting a religious talk at a bungalow in Ampang, there were high expectations that Mohd Asri would be charged today.

The former mufti was also given a letter last night, asking him to be present at the Gombak Timur Syariah Court this morning.

Mohd Asri and his supporters, which included the daughter of former premier Dr Mahathir Mohamad, Marina, waited for almost four hours but the Jais prosecutor and investigating officer did not turn up.

His lawyers Zulkifli Che Yong and Azmi Rais later issued a statement that their client would not be charged today and that Jais wanted to record the former mufti’s statement at another date.

Mohd Asri is being investigated under Section 119 of the Selangor Islamic Administration Enactment for not possessing authorisation to conduct religious talks.

If found guilty, he is liable to a maximum fine of RM3,000 or a maximum two years jail or both.

Questions have been raised whether the arrest was related to Asri’s impending appointment as the new president of the Islamic Da’wah Foundation of Malaysia replacing Mohd Nakhaie Ahmad.

A memorandum was sent to Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin on Oct 12 by the Malaysia Syarie Lawyers’ association that was backed by 13 Muslim non-governmental organisations opposing the proposed appointment as Mohd Asri was seen to have insulted certain Islamic scholars.

Mohd Asri yesterday urged the association to provide proof that he had insulted renowned ‘ulama’ such as Imam Nawawi, Imam Bukhari and Imam Ghazali.

Among others, Prime Minister Najib Abdul Razak and Umno Youth chief Khairy Jamaluddin had also questioned the former mufti’s arrest.

This led to speculations that Jais’ decision to postpone charging Mohd Asri was due to the high amount of public interest in the matter.

Treated like a criminal

Meanwhile, Mohd Asri claimed that the manner of his arrest gave the impression that he was a high-profile criminal.

“If they claim that I bring deviant teachings, then where is the charge? Asking me to wait for so many hours without any action is a waste of time.

“I would like to tell them in Islam we always follow what has been promised. I was asked to come here by 9am but until now there is not a single Jais officer,” he told reporters at the court house.

The former mufti also questioned the possibility of a hidden hand behind Jais’ decision to come after him.

PKR Ampang MP Zuraida Kamaruddin and PAS Hulu Kelang assemblyperson Saari Sungib were also present at the bungalow during the arrest.

Lawyer Mohamed Abdullah, who is representing the Perlis mufti, said there was nothing deviant about Mohd Asri’s teachings.

“His talks are centred on the Quran and sunnah. There is nothing deviant.

“He comes once a month to give religious talks and he gives a holistic view of Islam,” he said, adding that during last night’s talk, the former mufti had touched on the memorandum.

“I do not understand why he was arrested,” he said, pointing out that his client had been preaching for the past three years without any problems.

Jais: He will be charged soon.

Speaking at a press conference later, Jais director Mohammed Khusrin Munawi said the department would hasten its investigations into the matter.

Mohammed Khusrin claimed that the arrest was made with the help of the police as there were problems in getting Mohd Asri to cooperate.

“We were prevented by Mohd Asri’s congregation (supporters) and the elected representatives. That is why the police were called.

“We did not overreact in arresting him,” he said, adding that Jais had been eyeing Mohd Asri for some time.

Asked about Mohd Asri’s suspected involvement in disseminating teachings of the Wahabi school of thought, the director said the matter was still under investigation.

He also denied that Jais was pressured by any Muslim NGOs to take action on the former Perlis mufti.

He added that Jais had in the past taken action against 10 religious teachers for not possessing authority to teach.

Hafiz Yatim/Mkini

News bn & mainstream medias don’t you to know: ‘No way man! I won’t apologise’

BN backbencher Mohamad Aziz has refused to apologise to Minister in the Prime Minister’s Department Koh Tsu Koon for asking him to resign.

The Seri Gading parliamentarian insisted today that despite various quarters’ demands that he apologise for criticising Koh’s appointment as a minister in charge of overseeing the Key Performance Index (KPI), he would not retract his statement.

“I won’t take back what I said, I did not (say) anything wrong (in) my statement.

“People are asking me to ask for forgiveness. What? (Are you saying) Umno and Malays are only to qualified to apologise?” he asked.

He had said that Koh, who is also Gerakan president and former Penang chief minister, cannot play an effective role as a minister as the latter had lost the entire state of Penang in last year’s general elections.

“I sympathise with my friend from Batu Kawan (former MP Huan Cheng Guan), who was a good MP but his seat was taken by the (Gerakan) president (Koh) who contested (in the last general elections), but he lost the whole state. And still wants to take care of KPI?”

Mohamad Aziz also accused Koh of being an “apple polisher” for turning up in Parliament only when the prime minister was around, besides being a senator through the “back door”.

“No way man! I won’t apologise because I have done nothing wrong. This is my observation, everybody have their own opinions,” he said when pressed on the issue by journalists at the Parliament lobby.

The MP emphasised that he did not have any personal agenda and cares for MCA and Gerakan as both the parties were important components of Barisan Nasional.

“I did not question his party but his leadership… people who are fighting for a cause like me have no fear.

“If I am wrong then go ahead (take action) but (if) I am not wrong then I will defend my actions.

“What I said is supported by millions of my fans throughout the country… it’s not like I don’t have fans… I too have fans like a film star,” he said.

S Pathmawathy/Mkini

Peningkatan kos RM1.43 bilion Projek Landasan Berkembar, Ketua Hakim Negara terlibat

Projek Landasan Berkembar Elektrik Antara Rawang Dan Ipoh yang mengalami peningkatan kos pembinaan sebanyak RM1.43 bilion, seperti yang didedahkan dalam Laporan Ketua Audit Negara 2009, bakal disiasat Jawatankuasa Kira-kira Awam (PAC) pada minggu depan.  Apa yang mengejutkan, salah seorang watak utama dalam projek ini ialah Ketua Hakim Negara, Zaki Azmi.

Pengerusi PAC, Azmi Khalid  memaklumkan kepada media pada 29 Oktober, bahawa Ketua Pengarah Audit Negara telah memberi penjelasan ringkas mengenai laporan audit tersebut.  PAC akan bermesyuarat pada minggu depan, dan menyiasat kes mengikut keutamaan.

Menurut Azmi Khalid, kes terbesar ialah Projek Landasan Berkembar Elektrik Antara Rawang Dan Ipoh yang mengalami peningkatan kos sebanyak RM1.43 bilion.  Sebagaimana yang diketahui, PAC bakal memanggil kementerian (Pengangkutan) dan semua kontraktor yang terlibat dalam projek tersebut untuk disoal siasat.

Sekali imbas, peningkatan kos projek kerajaan adalah sesuatu yang lumrah menurut Laporan Ketua Audit Negara.  Fokus sememangnya ditumpukan kepada penyelewengan dan angka peningkatan kos/kerugian.  Tetapi, apa yang lebih penting, siapa yang terlibat dalam projek tersebut?

Dalam skandal sedemikian, tidak kurang ahli politik dan pegawai awam kanan yang terlibat, dengan menggunakan status diri yang istimewa, dan kelebihan hubungan berkepentingan untuk memanipulasi maklumat dan sumber, lantas mengaut keuntungan diri tanpa disedari rakyat.  Mereka yang seharusnya “memimpin melalui teladan” ini, sebaliknya menyabit kesalahan walaupun bertauliah, lebih menjejaskan negara berbanding dengan kerugian dari segi kewangan.

Antara watak utama dalam Projek Landasan Berkembar Elektrik Antara Rawang Dan Ipoh ini ialah Ketua Hakim Negara, Zaki Azmi  yang memegang tampuk kuasa kehakiman.  Zaki Azmi dikaitkan dalam projek ini kerana salah satu kontraktor yang terlibat dalam projek ini ialah Emrail Sdn Bhd.  Zaki Azmi ialah pemegang saham terbesar dengan 58% dalam syarikat ini, malah menyandang jawatan Pengerusi, ketika projek ini dalam proses pembinaan.

Projek bernilai RM4.3 bilion

Menurut perkiraan asal Projek Landasan Berkembar Elektrik Antara Rawang Dan Ipoh, nilai projek ini berjumlah RM4.34 bilion, terbahagi kepada Pakej Infrastruktur dan Pakej Sistem, dipertanggungjawabkan kepada dua kontraktor yang berlainan.

Antaranya, DRB-Hicom Berhad memperolehi Pakej Infrastruktur.  Mengikut rancangan asal, projek ini bermula pada Julai 2000, dan perlu berakhir pada Jun 2003.  Selain itu, Pakej Sistem diberikan kepada Mitsui-MTS, tempoh yang diberikan ialah antara Januari 2001 hingga Oktober 2004.

Di bawah Pakej Infrastruktur yang dikendalikan DRB-Hicom Berhad, terdapat empat sub-kontraktor.  Antaranya, Emrail Sdn Bhd mendapat kontrak projek Lay Track.  Maklumat menunjukkan bahawa Emrail Sdn Bhd telah mendapat kontrak yang jumlahnya bernilai RM700 juta (nilai pada tahun 2007) dalam projek Landasan Berkembar Elektrik ini.

Tiga sub-kontraktor yang lain ialah Perspec Prime (M) Sdn Bhd (kejuruteraan awam), UEM Bhd (pembinaan jambatan) dan IJM Bhd (pembinaan bangunan).

Namun, menurut Laporan Ketua Audit Negara 2009, kelewatan projek disiapkan, peralatan dibeli melebihi keperluan, perolehan tren tidak diselaraskan dengan pembangunan infrastruktur dan lain-lain masalah, telah mengakibatkan projek ini berakhir dengan menelan RM5.77 bilion, dengan peningkatan kos sejumlah RM1.43 bilion.

Menurut kontrak asal, projek ini perlu disiapkan dalam tempoh 35 bulan, iaitu antara Julai 2000 hingga Jun 2003.  Kemudiannya, untuk menyelaraskan had tempoh antara DRB-Hicom Berhad dengan Mitsui-MTS, DRB-Hicom Berhad telah mendapat lebihan 177 hari, iaitu dari 16 Jun hingga 10 Disember 2003.

Emrail paling lewat siapkan projek

Namun demikian, Laporan Ketua Audit Negara 2009 menunjukkan Pakej Infrastruktur yang dipertanggungjawabkan kepada DRB-Hicom Berhad hanya menyiapkan 76.8% daripada projek tersebut, pada hari terakhir had tempoh, iaitu 10 Disember 2003.  Laporan syarikat perunding yang dilantik Kementerian Pengangkutan, KS-Opus menunjukkan masalah penangguhan dalam projek Pakej Infrastruktur semakin serius antara November 2002 hingga Oktober 2003.

Antaranya, Emrail Sdn Bhd hanya menyiapkan 56.9% daripada projeknya pada 10 Disember 2003, merupakan syarikat yang paling serius dalam masalah lewat siap.  Tiga kontraktor yang lain masing-masing mencatat antara 71.4% hingga 76.7% daripada projek.  Sebagaimana yang diketahui, Kementerian Pengangkutan telah menamatkan kontrak DRB-Hicom Berhad pada 5 Ogos 2005, setelah diluluskan Kementerian Kewangan.

Menurut Laporan Ketua Audit Negara, penyelewengan di atas bukan sahaja mengakibatkan kelewatan projek ini disiapkan, malah kemudahan infrastruktur gagal digunakan sepenuhnya kerana tidak dapat diselaraskan.  Dari segi kos, sehingga 10 Disember 2008, kerajaan perlu membayar RM5.77 bilion untuk projek ini, RM1.43 bilion lebih tinggi dari kos asal.

Bacaan selanjutnya, klik sini

Bahagian kedua: Punca peningkatan kos Projek Landasan Berkembar

*Neo Chee Hua ialah Assistant Editor MerdekaReview, edisi bahasa Cina.  Diterjemah dan disunting oleh Lim Hong Siang.

Tindakan bodoh ocpd Brickfield menghalang Tian Chua dari berceramah

Final judgment after High Court judge Abdul Aziz Abdul Rahim declared Nizar the rightful menteri besar.: Nizar wants 11-member Federal Court bench

Will there be a full bench when Perak MB vs MB case is heard on Thursday?

Ousted Perak Menteri Besar Mohd Nizar Jamaluddin has applied for a full quorum of 11 Federal Court judges when his appeal is heard on Nov 5.

A decision by the Federal Court – the country’s highest court – could help end the political imbroglio in Perak since BN replaced the Pakatan Rakyat government after the defection of three state assemblypersons eight months ago.

Whatever the Federal Court decision, it would be a landmark case where the top judges will determine who the rightful state chief executive in the Silver state should be.

Given the importance and weight of the case, Nizar had on Thursday filed an application for a maximum bench of judges to hear the matter.

Alternatively, Nizar is seeking the apex court to form an enlarged quorum of more than five Federal Court judges.

There are presently 13 Federal Court judges in the country, including Chief Justice Zaki Azmi, Court of Appeal president Alauddin Mohd Sheriff, Chief Judge of Malaya Arifin Zakaria and Chief Judge of Sabah and Sarawak Richard Malanjum.

The others are justices S Augustine Paul, Hashim Yusoff, Zulkefli Ahmad Makinuddin, Gopal Sri Ram, Ghazali Mohd Yusoff, James Foong, newly-elevated Md Raus Sharif, Abdul Hamid Embong and Heliliah Mohd Yusof.

Naturally, Md Raus will be excluded from hearing the appeal as he had led the three-member Court of Appeal panel in overturning the High Court’s decision which declared Nizar as the legitimate menteri besar.

Yesterday, Nizar after launching a Pakatan Rakyat conference said if the court rules in his favour, he shall seek consent from the Sultan of Perak to dissolve the state assembly and call for fresh elections.

“I believe it is the Perakians who will ultimately decide the political future of Pakatan Rakyat in the state,” Nizar had said.

Basis for Nizar’s application

Nizar in his supporting affidavit to the application said there are constitutional issues involving the interpretation of the Perak constitution which would have a direct impact in the interpretation of the provisions in the Federal Constitution.

He also said that the apex court decision would affect all Malaysians and would become a precedent to similar cases in the near future.

“The issues and constitutional problem in Perak have not been resolved and a full quorum of Federal Court judges is important as it involves public interests and the jurisprudence history of the court in Malaysia.

“Furthermore, the legal issues which is raised following the Court of Appeal decision involves the rejection of strong constitutional cases involving the powers of the menteri besar or the chief ministers of Sabah and Sarawak,” said Nizar in his affidavit.

He lamented that while he had on Sept 4 apply for a full quorum in getting leave for his appeal to the Federal Court, his application was rejected and only five members heard his leave application, which was granted.

Judges must be fair, impartial and just

Nizar argued that the picking of judges to be part of a panel in a hearing is a “quasi judicial” action, which has to be disposed of with fairness, impartiality and justice, and backed with strong credible judgment.

He said he believes a full quorum of 11 judges is needed and there is no credible reasons why his application should be rejected.

According to the ousted MB, the apex court had in 2005 in the criminal appeal of Public Prosecutor vs Tan Tatt Eek had decided to have a seven-member panel to decide on the issue “whether presumption of possession may be used to invoke the presumption of trafficking”.

Nizar added if the Federal Court could then decide a seven-member panel on the issue of the interpretation of the Dangerous Drugs Act involving personal liberty of an accused, then his application for a full bench must be seen of greater importance as the appeal would decide on the public, state and national interests.

Since the matter was filed in March, the Nizar case had seen the ousted MB winning in the High Court but the decision was later quashed at the Court of Appeal level.

On May 11, High Court judge Abdul Aziz Abdul Rahim declared Nizar, who is PAS Perak secretary, as the rightful menteri besar.

However on appeal at the Court of Appeal, rival Zambry Abdul Kadir from BN was granted stay within less than 24 hours by justice Ramly Ali, who had been elevated in April.

This was followed with the appellate court decision on May 22, which overturned the High Court decision and acknowledged Zambry as the legitimate MB.

Nizar had also faced problems in filing for a stay at the Federal Court following the appellate court’s decision. The written judgments were only made available on June 27, a month after the oral decision of the three-member bench.

Hafiz Yatim/Mkini

Pakatan mulls registration of a common logo

Pakatan Rakyat, a loose coalition of three parties – PKR, DAP and PAS – is considering registering the opposition pact under a common logo with the Registrar of Societies (ROS).

“We are discussing the matter now and sorting out the details before we can register the coalition,” said Perak DAP chief Ngeh Koo Ham at the conclusion of Pakatan’s first-ever national convention held today in Ipoh.

Ngeh said Pakatan was well aware of ROS’ demand that a minimum of seven political parties must be members of a coalition before it can be registered.

“That is what ROS had told us. But upon checking the Societies Act 1966, we found that the condition applies only to associations that want to go national, not political parties,” he said.

“ROS has agreed to this fact and this is a non-issue now.”

Ngeh said 10 resolutions have been passed at today’s Pakatan convention, which included the formation of a committee to work towards achieving a common logo and platform for Pakatan.

This one-day meet was attended by top Pakatan leaders including Penang Chief Minister Lim Guan Eng and Kelantan Menteri Besar Nik Aziz Nik Mat.

Selangor was represented by one of its exco members as Menteri Besar Khalid Ibrahim had to attend to prior commitments in his state, while PKR de facto leader Anwar Ibrahim has gone overseas.

To strengthen the unity of Pakatan, coalition members will be encouraged to look beyond race and religion, said Ngeh.

According to the DAP leader, Pakatan has vowed to strengthen its resolve to serve the people and not to fall into the trap set by the ruling BN coalition to split the opposition alliance.

The following resolutions were passed at the convention:

• To uphold the principles of collective decisions by way of discussions as a way of solving coalition problems.

• To form Pakatan councils at all levels of member parties in order to strengthen unity.

• To increase cooperation within Pakatan to ensure the downfall of Umno/BN and to address suspicions or prejudices among the three member parties.

• To eradicate the racial doctrine at its roots and enhance Pakatan’s relationship with the people, civil servants, NGOs, the palace and politicians.

• To select Pakatan candidates with good reputation and who have the passion to serve the people to run for state and federal elections.

• To focus on the personal development programmes of party members in order to counter the political tactics of BN.

• To continue with the five principles – justice, freedom, truth, welfare and devotion to God.

• To create the feeling of togetherness in Pakatan so that members will understand the struggle of the other component parties.

• To spread information of Pakatan activities to ensure that the people get correct information and not influenced by Umno/BN propaganda.

• To form a committee to expedite the registration of Pakatan as a party with the use of a common logo.

Humayun Kabir/Mkini

bn accepting trash: ‘Even zakaria was better than badrul’

For a number of Port Klang voters, yesterday was the first time they have laid eyes on elected representative Badrul Hisham Abdullah, whose face was splashed across most newspaper front-page for quitting PKR.

When Malaysiakini visited Port Klang town, most locals interviewed said they were unaware of what Badrul Hisham looked like prior to this, because they had never seen him before.

Most interviewees were also nonchalant about his new status as a Barisan Nasional-friendly independent.

“Though he is an independent, he is still useless,” said R Ettiapan, who runs a social welfare group in Port Klang.

According to Ettiapan, Badrul Hisham did not help the constituents enough, adding that he had found it very hard to set up a meeting with the state assemblyperson.

He also claimed that his request for Badrul Hisham’s help was ignored. This discontent was echoed by other interviewees, but many refused to go on record.

A pale shadow of Zakaria

In fact, two interviewees who declined to be named, believe that Badrul Hisham was a pale shadow of his predecessor, the late Zakaria Mat Deros from Umno.

“Zakaria was better. At least, he went around town. He has helped me before,” said a female interviewee, who runs a sundry shop.

The irony is that Zakaria was controversial politician who built the infamous 16-room palatial mansion in nearby Pandamaran without submitting building plans to the authorities.

Zakaria’s daughter-in-law Roselinda Abdul Jamil stood against Badrul Hisham during the general election last year and lost by a big margin.

Another interviewee pondered aloud how Badrul Hisham, who was unknown in the area, managed to beat Roselinda, who was seen to be representing the ailing Zakaria.

“Badrul Hisham created history. He won despite not having any posters (of him) being strung up,” said the male interviewee, a shop attendant near the Port Klang taxi stand.

Klang municipal councillor S Selvadurai, when met, declined to talk about Badrul Hisham’s performance but confirmed that the latter did not attend council events.

“We always invite him, but I’ve never seen him attend them,” he said.

In search of Badrul’s service centre

The search for more information about the elusive Badrul Hisham took Malaysiakini to his service centre, listed on the Selangor government website.

As it turned out, the double-story terrace corner lot, painted in PKR colours of red and turquoise, was vacated by Badrul Hisham in July, just after four months.

“One day, the owner came and removed everything,” said a neighbour, who requested anonymity, pointing to the service centre signboard which is lying in the garden.

Another neighbour and homemaker Christine D’Costa told Malaysiakini that she encountered Badrul Hisham on several occasions, but never spoke to him.

According to D’Costa, there was not much activity in the building and she was told by some of those who waited for Badrul Hisham were stood up by him.

“They make appointments but leave empty handed,” she said, adding that she was unsure if Badrul Hisham has started a new service centre.

Asked how she felt as a Port Klang voter, about Badrul Hisham’s defection, she replied: “It means we cannot rely on anyone. Like lalang, they (politicians) sway from side to side.”

PKR logo still on his front door

Since news of Badrul Hisham quitting PKR broke, reporters have been making a beeline for his home in Kampung Raja Uda, a stone’s throw away from Port Klang town.

Reporters were waiting as early as 9am at his home in order to obtain further comments, but like those at his service centre, also left empty handed.

When Malaysiakini visited the house yesterday afternoon, a plaque bearing the PKR logo still adorned the front door.

His concrete bungalow house – with two cars parked inside – stood out against a backdrop of mostly wooden houses in the village.

Although the heavily-tinted main sliding doors were shut, the backdoor was ajar but no one responded to repeated calls at the gate.

Andrew Ong/Mkini

Klang Pakatan leaders: Badrul will not be missed

Keadilan big guns in Klang seem to sigh with relief at Badrul Hisham’s departure and are actually wishing Umno good luck with their current recruit.

Irwan Ismail, Head of Keadilan Youth, Klang division:

Badrul is obviously influenced by “Ezam’s people” who were also present at the press conference. In fact, his prolonged absence has indeed fueled speculations of his defection.

The fact is, Badrul has not fulfilled his responsibility towards his constituency since March 2008, despite using up all his allocation.

As youth members, we are his machinery and we had continuously offer our services to him. But the last time we managed to contact him was during the fasting month through his personal assistant.

Badrul’s service centre could not operate and had to close down because he was never there. So people have been bringing their complaints to other state assemblypersons. But even the state assemblypersons have complained that their funding could not sustain this.

So we had to open an extra service centre in Port Klang, under the supervision of Nik Nazmi, a few weeks ago. But it’s a bare bones operation. We can’t even afford to put up proper signage. But still, people are coming.

We feel that now that Badrul has left, things will be more organized and streamlined. The state government will be able to provide more assistance to the new service centre.

I believe that Umno will have a great challenge on their hands if Badrul joins their ranks, as it is a difficult task to teach him that his responsibility is to the rakyat.

The people of Port Klang should not fear because, in fact, many programs have been taking place despite Badrul’s absence. So we wish Badrul ‘good luck’ and we hope that he can maintain his ‘record of excellent service’ in the direction that he has chosen.

Charles Santiago, Member of Parliament, Klang:

Speaking as an MP for Klang, I must say that his performance has been dismal. He has been very uncooperative, and when I asked him why, it was like talking to a wall.

He cannot say that he didn’t perform because he did not have the funding because he was initially allocated RM500,000, and had four or five special officers to assist him, but even they ended up openly complaining about him in the press.

Port Klang is a constituency of poor people, so they really need assistance. His absence meant that people have been coming to me instead. I had to even visit suraus and mosques in Port Klang during Ramadan, to ensure Pakatan’s presence was felt.

I think the lesson here is that proper vetting should be done before a candidate is fielded. The party should also have developed a way to organise his activities.

I don’t think there is any rationale behind the timing of this defection. This has been going on for a long time. Even from day one you can see that he was always hanging around the Umno boys, although it has been more intense in the past few months.

I don’t think he will be an effective state assemblyperson even if he is with Umno because he appears to be more busy securing contracts for his cronies.

I think this is a warning for Pakatan Rakyat showing that people didn’t vote for Pakatan in the last elections, but voted to kick BN out. People voted against Zakaria, (Deros) and not for Badrul, so he should definitely resign.

Aidila Razak/Mkini

Turmoil worsen in bn, “If the people no longer want you, then just leave…get out.”: bn backbencher tells ong & koh to quit

KUALA LUMPUR: A Barisan Nasional (BN) backbencher today told Transport Minister Datuk Seri Ong Tee Keat to quit in keeping with the slogan “1Malaysia — People First, Performance Now” while accusing Minister in the Prime Minister’s Department Tan Sri Dr Koh Tsu Koon as a non-performer.

Datuk Mohamad Aziz (Sri Gading-BN) said Ong, who is also the MCA president, had lost the confidence of his party members and ought to quit and not be a burden to Prime Minister Datuk Seri Najib Razak.

“What is he waiting for? He should just quit. I am reflecting the public sentiment. If your party members do not want you, you should just go.

“We have a dignified PM, the ministers too must have dignity. You should know where you stand. Why stay when your leadership is ineffective? You don’t have the people’s trust. Get out,” he said in the Dewan Rakyat while debating Budget 2010.

Mohamad did not name Ong at first but merely said a minister, but was prompted by BN Backbenchers Club (BNBBC) deputy chairman Datuk Bung Moktar Radin (Kinabatangan-BN) who asked: “Are you talking about Ong Tee Keat the transport minister?” This drew laughter from the opposition bench.

Mohamad, who sits on the same row as Bung Moktar and BNBBC chairman Datuk Seri Tiong King Sing (Bintulu-BN), then replied that he was indeed referring to Ong. He added that Ong had lost credibility after his party’s EGM on Oct 10.

“He said he would quit if he lost the confidence of his party members. But now he is singing a different tune. He wants to stay and is creating problems for the prime minister,” he said, adding that ministers should not be a burden to the government and should instead serve the people and MPs well.

“Some seem to have forgotten us (members of parliament). They (ministers) are here when the PM is here. When the PM is not here, they are not here. These are ministers whom I call mengampu (“apple polishers”),” said Mohamad, whose remark elicited loud cheers from both sides of the floor.

He went on to say that some ministers were defeated in the general election and were now seated in the House as senators. He added that the prime minister had placed his trust in these ministers but instead they had failed to carry out their duties.

“Some are tasked to look after key performance indicators (KPIs) but didn’t do it. Instead they are busy taking care of their interest,” he said.

At this juncture, Lim Kit Siang (Ipoh Timur-DAP) stood up and asked Mohamad to be direct and state his views clearly. “Don’t you mean the Gerakan chief Tan Sri Dr Koh Tsu Koon? Both Ong and Koh should leave?” asked Lim, drawing much laughter in the House.

Mohamad, who often crosses swords with Lim, agreed, saying that Koh had not just lost the Batu Kawan parliamentary seat but the entire Penang state.

When the opposition bench remarked that he was behaving like an opposition member in chastising the ministers, Mohamad snapped: “We are not here to warm the chairs. If the government is good, praise is in order. If bad, we have to criticise.”

Sharon Tan/The Edge

BN MP urges Tee Keat, Tsu Koon to quit as ministers

KUALA LUMPUR, Oct 29 — A government backbencher today called on MCA president Datuk Seri Ong Tee Keat to withdraw from his post since he has lost the confidence of his own party and that his image has been tarnished.

Sri Gading member of parliament Datuk Mohamad Aziz also urged Minister in the Prime Minister’s Department, Senator Tan Sri Dr Koh Tsu Koon, to do the same as he is deemed to be not performing well as a minister.

Mohamad said as a Cabinet frontliner, a minister should not lose the confidence of his party members, more so not have his honour and image tarnished in the eyes of the public.

“If they have lost their own party members’ confidence, then they should no longer remain in the Cabinet.

“If one have any morals and self-respect, one should step down. Don’t create problems for the prime minister. Another person in the MCA can replace him. Why does he think he’s the only clever one?” Mohamad said when debating on the Supply Bill 2010 in the Dewan Rakyat today.

He said the minister involved should withdraw, in line with the government’s slogan of “People First, Performance Now”.

“I am just saying what most people feel. If the people no longer want you, then just leave…get out.” Mohamad also questioned the government’s action of appointing Koh as minister in the Prime Minister’s Department overseeing the Key Performance Index (KPI) as he regarded Koh as not having performed well himself.

“How can you take care of KPI when you yourself didn’t show good KPI? Your subordinates will have no confidence in you. So, how can you be effective as the minister in charge?

“I sympathise with my friend from Batu Kawan (former MP Huan Cheng Guan), who was a good MP but his seat was taken by the (Gerakan) president (Koh) who contested (in the last general election), but he lost the whole state. And still (he) wants to take care of KPI)?”

Mohamad also accused Koh of being an “apple polisher” for turning up in parliament only when the prime minister was around, besides being a senator through the “back door”.

His comments, however, went down well with some of the MPs including from the opposition. Then in a gentler voice, Mohamad, who has been an elected representative for three terms, advised ministers not to be arrogant even with other elected representatives.

“As our elders say, ‘when you look up at the sky, don’t forget the grass you step on’. Today you are a minister, tomorrow you may not be. Better be like me, yesterday I was MP, today, tomorrow and forever an MP,” he said, followed by laughter from the other MPs.

Deputy Speaker Datuk Ronald Kiandee interjected, asking whether Mohamad had meant that he was not interested in becoming a minister.

“I had the experience of being a state exco member. Had to attend 241 meetings in a year, hardly had time for my wife and children. Ask the ministers who really work hard, they know the situation. “Suffice being just a ‘wakil rakyat’, alhamdulillah,” he replied, followed by applause from those in the House. — Bernama/MI

Rakaman video polis jadi BARUA bn di DUN Perak

BN Perak took ‘counter-terrorism’ like measures

After getting adverse national and international public notoriety at the controversial May 7 assembly sitting and the forced removal of Pakatan Speaker V Sivakumar, the state BN government went into high gear to ensure that the episode was not repeated during yesterday’s state budget assembly sitting.

BN took drastic measures that were unprecedented, including denying or reducing press passes to the new media, especially Malaysiakini, which is being seen as the main culprit in highlighting the chaotic May 7 sitting.

BN appointed speaker R Ganesan  and other state BN leaders have blamed Malaysiakini for the adverse publicity on that eventful day which saw the `rape’ and abuse of all assembly procedures that were thrown to the wind in a desperate attempt to seize control of the House.

Prior to the assembly sitting, when asked for media passes, Ganesan was quick to jump the gun and accused Malaysiakini of making matters worse by saying “It was your video recording that gave the wrong picture of us during the May 7 sitting.”

He became agitated and said “No! No! I will not allow cameramen or video shooting by the media during the state budget on Oct 28.”

As the deadline for the sitting neared, the fate of the three media passes promised to Malaysiakini seemed uncertain and the figure started to drop to two and finally came down to one which was the only consolation that most new media got.

Many others did not even get one.

‘No place for all media’

The reason for the reduction in media passes, according to Menteri Besar Zambry Abdul Kadir press secretary Nizamuddin Mat Isa: “There is no place in the assembly to accommodate all the media.”

However mainstream media supporting the BN were given passes ranging from two to three or more, depending on their BN media ranking and track record.

During yesterday’s budget sitting, Ganesan had set up recording equipment on the third floor in the public gallery of the assembly to keep an eye on the movement of Pakatan assemblypersons in the House.

“I want to monitor the conduct of the assemblymen during the sitting to ensure that they toe the line and obey the law,” Ganesan had reasoned.

However, Malaysiakini has come to understand from a police source that the live telecast recording is connected to the state police headquarters and Bukit Aman for the monitoring of the activities of the opposition assemblypersons.

On Tuesday, there was concern in the state DAP headquarters that the device (transmitting gadget) erected by police at the back portion of the State secretariat was either being used to eavesdrop on the Pakatan meeting or as a jamming device to prevent Pakatan assemblypersons from operating their mobile phones in the assembly.

However, it turned out to be the transmitting pole  for the assembly live telecast by BN.

The police had also mounted video recording devices at the front and back of the State secretariat to keep track of the movement of people into the state government building.

Private parts grabbed in public

Ganesan also had issued an order that Pakatan assemblypersons should not bring their mobile phones, cameras or video equipment into the budget assembly sitting to prevent any recording of events in the House.

Another of his directives was for all the Pakatan politicians to undergo metal detection screening and frisking.

These two directives were sore points with Pakatan assemblypersons as they see it as an infringement and a threat to their democratic rights as elected representatives of the people.

Pantai Remis assemblyperson Nga Kor Ming received the wrath of the police when he resisted the attempts to a bodily search.

Nga claimed that a police officer named Khairul had grabbed his private parts during a body search.

Yesterday, he had lodged a police report against the police officer at the Ipoh police station.

Humayun Kabir/Mkini

polis jadi BARUA bn di DUN Perak: Sivakumar disrobed in ‘bn/police conspiracy’

Barisan Nasional has been accused of orchestrating an elaborate plan to prevent ousted Pakatan Rakyat speaker V Sivakumar from exercising his duties at the state assembly sitting today.

Sivakumar, who levelled the charge at a press conference in Ipoh, said this was evident when a large group of police personnel stopped him at the car park of the state secretariat building, where the legislative assembly is located.

He said their motive was to confiscate the speaker’s robe and songkok that he was wearing.

“It was a BN conspiracy to grab the official robe from me,” he claimed, saying the police choked him in the ensuing struggle as he attempted to hold on to it.

Teja state assemblyperson Chang Ming Kai said he went to Sivakumar’s assistance, but was in turn was stopped by police personnel.

“One of them grabbed me and pulled me to the ground (in the melee),” Chang said.

At a press conference later at state DAP headquarters, ousted Pakatan menteri besar Mohammad Nizar Jamaluddin provided more details, saying he had witnessed the incident.

“During the struggle with the police, Sivakumar managed to hang on to the collar of the speaker’s robe. There was a threat to the life of the speaker,” Nizar claimed.

Sivakumar, who lost the battle – first for the songkok and then for the robe – did manage to save the collar which he displayed to the media.

Nizar said there is video footage of the assault on Sivakumar and that legal action is being considered against the police.

As a result of police intervention, the Pakatan delegation’s attendance at the sitting was delayed. By the time they entered the assembly, BN speaker R Ganesan had ordered a recess of an hour.

Chronology of events

This chain of events was reconstructed from details provided at the press conference.

Sivakumar was wearing the robe when he started out with the Pakatan delegation from DAP headquarters for the 10am sitting.

After passing through three barriers and two checkpoints, he lost the songkok to a police officer who snatched it off his head. At the time, Sivakumar was about to enter the lift at the basement, to go to the chamber on the second floor.

Enraged, the Pakatan team left the building and returned to the main road where they told the media about what had happened.

They also said the police had tried to detain Sivakumar under Section 111 of the Criminal Procedure Code to record a witness statement in relation to police reports lodged against him earlier.

Nizar said he grabbed the cap of a police officer in anger and refused to give it back to him, asking instead: “How do you feel when your official cap is unlawfully (snatched)? That is how Sivakumar felt (about losing the songkok).”

After arguing for five minutes with the police, the Pakatan team returned to the state secretariat where other police personnel confronted Sivakumar. This is when they tried to get the robe off him.

Again, Sivakumar returned to the main road to brief the waiting media about the ‘assault” on him. However, realising that any assemblyperson who fails to attend two sittings could lose his seat, he made his way to the assembly.

Police reports lodged

Sivakumar later lodged two police reports – one was about the alleged assault by police personnel and the other was to disclaim knowledge of a fake notice that he is accused of circulating.

The document states that a state assembly sitting would be convened at the Heritage Hotel in Ipoh today to table the 2010 budget, as well as a motion by Nizar, the Pasir Panjang representative, to dissolve the assembly.

It said Nizar would seek the Perak sultan’s consent to dissolve the assembly and call for fresh state elections, at an audience with the ruler at Istana Kinta at 3pm today.

According to Bernama, Sivakumar claimed that he is a victim of dirty politics. He denied having issued any such notice, which carries the letterhead of the speaker’s office and is dated Oct 23, 2009.

Swift state budget

Meanwhile, Nizar also chided the BN government for passing of the 2010 state budget within an hour.

The people-friendly budget when tabled by Menteri Besar Zambry Abdul Kadir was passed in a very swift manner with a show of BN hands as the Pakatan side did not participate in the budget debate.

“They shovelled and bulldozed the state budget within a hour as they fear that we might jeopardise their 2010 budget,” said Nizar.

“Normally it will take about 45 days for the federal budget to be passed in Parliament but here in Perak we have the shortest time for the passage of the budget,” he reasoned.

“I believe this is the fastest budget that was passed in the state’s history,” he said.

Bahas Bajet 2010: Cukai RM50 untuk kad kredit hanya tambah hutang Rakyat !!!

jiwokelate2009

Getting Away with Murder in Malaysia: It’s best to be connected to the ruling national coalition

On July 16, according to the testimony of a Thai pathologist, Teoh Beng Hock, a 29-year-old aide to an opposition politician, was probably beaten during a marathon questioning session, sodomized, strangled unconscious, dragged to a window of the Malaysia Anti-Corruption Commission in Kuala Lumpur and thrown to his death.

The country’s law enforcement establishment maintains that Teoh committed suicide by leaping from the MACC building after the inquiry was concluded into irregularities in his boss’s accounts. But it is far from the first “suicide” in custody and what happened to Teoh happens all too frequently when the luckless collide with the powerful in Malaysia. His real killers are unlikely ever to be identified. As many as 350 people have died in custody since 1990. The privileged are rarely brought to trial.

The most infamous recent case before Teoh’s is that of Altantuya Shaariibuu, a 28 year-old Mongolian translator who was murdered in 2006 by two bodyguards of then-Deputy Prime Minister Najib Tun Razak. Altantuya had been jilted by Najib’s best friend, Abdul Razak Baginda, and was demanding money from him.

Although numerous witnesses and evidence connected Najib to the affair, he was never questioned or put on the witness stand, nor was his chief of staff, Musa Safri, who Baginda said in a cautioned statement he approached about getting Altantuya from ceasing her harrassment. His two bodyguards were convicted of the murder although one, in his confession, said the two men were to be paid RM100,000 to kill her. The court never asked who would pay the money. The confession wasn’t allowed in court. Baginda was acquitted without having to put on a defense and promptly left the country and Najib was eventually named Prime Minister.

Such questionable cases go back to at least the early 1980s when Sultan Mahmud Iskandar of Johor was dubbed the “killer king” by the British tabloids after he shot a trespasser to death on his property. He also reportedly assaulted and killed a golf caddy who was said to have laughed when the sultan missed a golf stroke and he maimed the caddy’s brother. He later was alleged to have assaulted and injured a hockey coach, kicking off a constitutional crisis that led to former Prime Minister Mahathir Mohamad’s removal of legal immunity from prosecution for all of Malaysia’s nine sultans, although Iskandar was never either arrested or jailed.

There are plenty more. In 1988 an attractive young woman named Mustakizah Jaafar, who owned a video rental business in Malacca, was found hacked to death by unknown assailants. Mustakizah reportedly was pregnant at the time of her death. She was believed to be having an affair with Megat Junid Megat Ayob, the onetime UMNO deputy home affairs minister, who died in January 2008 of cancer.

No one was ever charged with Mutakizah’s murder. The widespread gossip about Megat Junid’s connection with Mustakizah didn’t do his political career any harm. He was ultimately named Domestic Trade and Consumer Affairs Minister in 1997 although he lost his parliamentary seat two years later and retired from politics.

In 2002 the decomposed body of Haslezah Ishak, the attractive young second wife of Raja Jaafar Raja Muda Musa, second in line to the throne of Perak, whom he had met in a karaoke lounge, was found under a bridge, clad in a bra and jeans. Four men, including a palace aide, a bomoh or witch doctor, a fisherman and a carpenter were arrested and jailed for the murder. No one was ever arrested or questioned for hiring them to kill her although suspicion fell on the prince’s wife, Rajah Mahani, who had been publicly consulting witch doctors over her suspicion that Haslezah had put a spell on her husband.

In 2003, another attractive young woman, Norita Shamsudin, was found murdered in an apartment in a Kuala Lumpur suburb. A night club guest relations officer, Norita had been rumored to be having an affair with Shahidan Kassim, then chief minister of the state of Perlis. Although another individual was arrested and charged with the murder, he was later declared not guilty and no one else was ever charged. According to local news reports, the inspector general of police, Mohd Bakri Omar, classified the case under Malaysia’s Official Secrets Act and no details were ever released.

Earlier this year, authorities finally completed an inquest into the 2007 death of beautiful ethnic Indian actress Sujatha Krishnan, who also worked part-time as a secretary to S.Vell Paari, chief executive officer of Maika Holdings and the son of S. Samy Vellu, the head of the Malaysian Indian Congress, a component of the ruling national coalition. Sujatha died in a hospital in a Kuala Lumpur suburb of Klang three days after she had been rushed in for treatment. Her body was cremated almost immediately after her death. The coroner ruled she had died after poisoning herself by drinking poison. The family vainly requested an investigation into her death.

For those at the bottom end of Malaysia’s power spectrum, life can be considerably tougher if suspicion falls on them. According to the reform organization Malaysians Against Death Penalty and Torture (MADPET), a distressing number of suspects have died in custody. “Relying merely on data provided by the government, it has been disclosed that there have been 150 deaths from 1990 until 2004 (10.7 per year), 108 deaths between 2000 and 2006 (18 per year), and, 85 deaths between 2003 and 2007 (21.25 per year),” the organization said.

According to a 2003 report by the Asian Human Rights Commission – the same year Norita was killed ‑ statistics released in Malaysia’s parliament in October of that year by the Home Ministry, showed 23 people died in police custody between 2002 and July 2003. Of those, 16 died in 2002 although according to the report, other figures indicated that 18 had died in custody in the first nine months of 2002 alone. Parliament was told in October 2002 that a total of 34 persons had died in police custody since 2000 ‑ six in 2000, 10 in 2001 and 18 from January to September 2002.

According to the report, then-Deputy Home Minister Chor Chee Heung denied that methods of torture used to obtain information from suspects led to their deaths. He claimed that the majority of deaths were the result of attempts to escape from police custody. Typical seemed to be the case of Hasrizal Hamzah, who had been detained on suspicion of murder in October of 2003. According to a senior assistant police commissioner, Harizal confessed to the murder and then, as he was being moved to a new location, supposedly shoved the accompanying policeman aside despite being handcuffed, and leapt over a balcony to his death.

Earlier this year, the Indian community was enraged by the death of a 22-year-old named Kugan Ananthan who was detained on Jan. 15 on suspicion of stealing luxury cars. He reportedly collapsed during questioning and died on Jan. 20 from “acute pulmonary edema,” or fluid in the lungs. However, after his body was released to his family, an autopsy found that he had suffered from internal bleeding in his heart, left lung, spleen, kidneys and scalp area. The soles of his feet had been beaten and the back of his neck and spine area were bleeding. His back was covered with contusions, beating marks and bruises. He had sustained more than 10 serious burn marks, probably as the result of being burned by a heated v-shaped iron bar. He had also been starved during the entire time he was being tortured, allegedly by as many as seven police officers, his family charged.

“There is a clear lack of supervision, medical care and concern for the general well-being and rights of suspects while under police remand,” the Human Rights Commission said in its 2003 report. It does not appear that anything has changed. The odds are that the cases involving both Kugan and Teoh will end up the same way scores of others have.

Asia Sentinel

Live report: Perak state secretariat ‘under seige’

12.37pm: Pakatan reps left the state secretariat building after telling journalists that it had passed three motions during its ’sitting’:1. That all national service camps and other outdoor programmes be suspended pending investigation of the Kampar tragedy;

2. (To recognise the findings of the 2008) Auditor-General’s Report on Perak, during Pakatan’s tenure; and

3. That PKR state chief Osman Abdul Rahman be appointed a senator.

12.05PM The BN remains in the House, following Pakatan’s adjournment of its sitting. The state budget is  passed amidst the commotion.

11.45am: Pakatan reps left the House after Sivakumar adjourned their sitting. They are now holding a press conference in the library, located near the chamber.

11.30am: Ganesan’s statements are met with Pakatan jeers, but he ignores these.

At the same time, Sivakumar also addressing ‘his’ assembly.

Effectively, two concurrent sittings are taking place in the House.11.20am: The BN sitting resumed amidst much noise from the opposition bench although their mics have been turned off.

The rivals are exchanging banter, with Pakatan’s refrain being : “Speaker haram sila keluar.”

Ganesan orders civility, threatening to take action against unruly members.

Still, each time a BN member speaks, the Pakatan bench responds with jeers.

11.05am: Sivakumar has adjourned the Pakatan ’sitting’.11.00am: Nizar tabled a motion to suspend all National Service camps and other outdoor co-corriculum activities in light of the Kampar tragedy, pending the outcome of investigations. This was unanimously ‘approved’.

He then spoke about the 2008 Auditor-General’s Report, saying that his administration had done well (during its 1-month tenure in Perak). He recorded his thanks to the auditor-general and all governement departments.

10.55am: Police have chased about 80 supporters outside the building, to keep them behind the security tape. The supporters obloiged, but are taunting the cops, with some shouting: “1 Malaysia, 2 Perak, 3 Katak!”

One held up the front page of the Sin Chew Daily today to display the headline on the ‘1 Malaysia programme’ tragedy.

10.45am: Sivakumar started his own sitting, although he sitting at Tronoh seat.He asked for a minute’s silence on the Kampar tragedy, prompting some BN reps to shout “tadi dah buat”.Sivakumar and colleagues retorted: “Itu speaker haram yang buat.”

Nizar asked to speak, but his mic was turned off.

Ganesan has not acted on this, while BN reps are ignoring the speeches. They are walking about and talking, appearing to pretend that their rivals are not in the House.

10.35am: Sivakumar took his seat on the opposition bench.

Chang Lih Kang (PKR-Teja) turned on his microphone, saying: “Speaker haram, sila keluar dewan.”

Ganesan attempted to say that he had adjourned the session until 11.30am, but was ignored by Pakatan members.

A Sivasubramaniam (DAP-Buntong) stood to explain why
Ganesan is the ‘unlawful’ speaker. Pakatan colleaguues responded with repeated thumping of their tables to express approval of his points.

Ganesan remained in the chair, rubbing his chin with his left hand.

10.22am: Pakatan reps finally enter the House, deriding the speaker even before taking their seats.Comments are heard: “Wah! Speaker haram, bodyguard banyak”; and “Woi, Ganesan pakai sari lebih baik lah!”

10.20am: Ganesan adjourned the sitting to 11.20am.

10.15am: Menteri Besar Zambry Abd Kadir began the budget speech. There is still no sign of opposition members.Outside the building, however, there is drama.

A police team led by Ipoh OCCI Anthony Glenn has been accused of blocking the Pakatan reps from entering the House several times and of roughing up some of them

Mohd Nizar Jamaluddin told reporters that they were blocked even before they could take the lift.

Sivakumar claimed that the police had grabbed his songkok, but did not succeed in taking away his robe.

The reps re-entered the building after the press conference, but Sivakumar re-emerged with Jalong rep Leong Mee Meng – this time, he was not wearing the robe.

“They grabed my robe and beat up a few reps inside the building” he claimed.

10.05am: Ganesan began with announcements, stressing the ban on the use of visual recording devices and mobile phones in the House. The SAA are authorised to confiscate these.

He said the number of SAA has been increased – at least 22 are in the House – to prevent a repeat of the ruckus on May 7.

The House observed a minute’s silence over the tragedy in Kampar on Monday night, in which 1 student drowned after a suspension bridge collapsed. There is still no sign of opposition members.

10.00am: The session has started with the doa, after the sergeant-at-arms brought in the mace.The opposition bench remains empty, with speculation being that Pakatan representatives are still going through the screening procedures.

9.50am: All Pakatan representatives are now in the building after going through two police check-points.Aulong representative Yew, who is disabled, was driven to the building. He was wearing a black t-shirt with the slogan Bubar Dun (Dissolve the assembly), but there was a coat on a hanger in the car.

“This is to express my protest,” he told reporters.

In the House, Ganesan is in the speaker’s chair, flanked by about 20 individuals wearing jackets. The BN bench is full, but the opposition bench is empty.

9.45am: Pakatan representatives have started marching from DAP headquaretrs to the state secretariat building; Sivakumar is wearing the speaker’s robe

9.40am: Thorough checks underway with the use of metal detectors, on bags carried by journalists

9am: Still no sign of any crowd but elected representatives are slowly trickling into the state secretariat.

Among the first to arrive were DAP state chief Ngeh Koo Ham and Thomas Su but they were prevented from entering the building, ensuing in an argument with the police. Finally the police relented and allowed Ngeh and Su into the state secretariat.

“It’s a shame and a mockery for police to block us,” said Ngeh.

Earlier report:

The police have mounted a high security cordon outside the Perak state secretariat in Ipoh this morning for today’s budget sitting.

The assembly sitting has been called by both the Barisan Nasional speaker R Ganesan and Pakatan Rakyat speaker V Sivakumar.

Ganesan replaced Sivakumar under questionable circumstances during the last assembly sitting in May.

With Pakatan continuing to dispute the legitimacy of the BN state government, the police are expecting tension-filled proceedings today.

In anticipation of trouble, the police obtained a court order late yesterday to bar people from gathering within 50m of the state secretariat building where the legislative assembly is located.

The order took effect from 1am today and is valid up to 11pm on Friday.

Early this morning at least eight trucks, one van, two jeeps, two Federal Reserve Unit trucks and two water cannon were deployed just outside the state secretariat.

The first police vehicle arrived about 6.20am. Several police personnel have also been placed inside the building.

By 7am, police personnel had put up barricades and barbed wire to prevent unauthorised access. Some 450 police personnel are on standby.

The sitting is due to start at 10am but the main gate to the building will open at 9am.

BN elected representatives will be allowed into the House from 9.30am, while Pakatan assemblypersons will be admitted from 9.55am – apparently to prevent them from grabbing the speaker’s chair. Mkini

Poll: Almost 80 % angry with police/Culaan laman web polis: 80% marah dengan polis

Policemen were once viewed as pillars of society, their standing earning them not just obedience but also respect from the public.

However, those days are long gone.

That is, if the results of a recent survey by the Home Ministry (better known by its Malay acronym of KDN) are to be believed.

The survey which ran from Aug 19 to Sept 3 on the ministry’s website is part of a running series which featured topics falling under the ministry’s area of responsibility.

This particular poll asked respondents five questions pertaining to the police. Each question had two to three answers to choose from.

According to the poll, 76 percent of respondents feel angery every time they see a police officer.

If this view is indicative of our present society, this does not bode well for the image of the police in the eyes of the public.

Of the rest of the respondents, half chose ‘respect’ as the feeling that is evoked by seeing a police officer while the other half chose ‘fear’.

Out of some 1,500 respondents, 70 percent also chose the answer that they had bribed police officers while under duress.

This might indicate that corruption is still quite widespread in our law enforcement.

The majority of the respondents, 91 percent, also said that the police should conduct more patrols.

The focus on patrols seems to mirror the public’s worry over the rising national crime rate.

Another 81 percent agreed that criminals nowadays are more ‘creative’. However, what was meant by ‘creativity’ was not defined in the poll.

The public’s appreciation of the ‘creativity’ of criminals might be a reaction to increasingly resourceful methods that criminals are employing.

Independent body to monitor police

Almost 90 percent of the respondents indicated that they believe the government should establish an independent and external body to monitor the performance of the police force.

One such body, the Independent Police Complaints and Misconducts Commission (IPCMC) has long been demanded by civil society in the face of allegations of misconduct and custodial deaths at the hands of the police.

KDN, which has a news team, conducted an exclusive interview with ex-Bukit Aman CID director Zaman Khan, who lamented the “public’s apparent loss of respect for the police.”

Zaman however agreed that the police should focus more on patrols, “I have always said in my time that (having) more police stations is not necessarily better, what is more important is more frequent patrol.”

He rubbished the poll’s finding that criminals are more ‘creative’, “Desperate people often resort to more daring measures.”

Zaman also scoffed at the poll’s findings of corruption in the force, saying that it takes two to tango, “Both the receiver and the giver are at fault. You can’t blame only the police!”

Films influence lifestyles

Another survey, which ran from Aug 9 to Oct 10, revealed that 61 percent of some 300 respondents believe that films should not be censored.

The National Censorship Board is no longer relevant in performing its function of film censorship, said 67 percent of respondents.

Over 70 percent believe that films can influence thinking and lifestyle.

Hazlan Zakaria/Mkini

Ucapan Ketua Pembangkang, Dato’ Seri Anwar Ibrahim (PKR Permatang Pauh) membahaskan Bajet 2010 di Dewan Rakyat pada 26 Oktober 2009

jiwokelate2009

lingam tape: PKR to produce ‘key witness’

PKR vice-president Sivarasa Rasiah has vowed to soon bring forward a key witness to provide information on the ‘Lingam tape’ scandal.

This is to rebut a claim by the Malaysian Anti-Corruption Commission (MACC) that it has been unable to locate witnesses to further its investigation into the high-profile case involving senior lawyer VK Lingam.

Speaking to reporters at the Parliament lobby today, Sivarasa said he and other PKR leaders are “personally in contact with this key witness”.

“We are shocked to learn that MACC – with all the resources at its disposal – has not been able to locate any witness and is unable to prosecute this blatant act of corruption,” said the Subang MP.

“MACC has failed to act despite clear evidence (that) this lawyer paid for (a) trip to New Zealand for the former Number 1 judge (Eusoff Chin). (So) we propose to bring this witness in a short while to Parliament to show that we can do what the MACC is not able to do.”

However, he refused to divulge details, saying: “We will let you know…we will do our part and show (the witness). We will have a press conference with the witness.”

Last week, the government said it would not prosecute Lingam, who was featured in sensational video footage, appearing to be broker the appointment of judges.

But Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz told Parliament on Wednesday that no legal action will be taken because an official probe has failed to turn up sufficient evidence or proper testimony.

In the final days of proceedings before a royal commission of inquiry, Lingam’s former secretary LG Jayanthi had testified that he had instructed her in December 1994 to make certain arrangements for a holiday for him and his family, together with Eusoff and his family, to New Zealand.

Her evidence contradicted the testimonies of Lingam and Eusoff, who had denied that the holiday had been pre-planned and claimed that they had met by chance in New Zealand.

Jayanthi said she was told to contact Holiday Tours & Travel Sdn Bhd in Jalan Sultan Ismail to arrange for the tickets, since Lingam had earlier made general arrangements with the company.

She said Lingam instructed her to confirm the travel itineraries and ticket reservations, and that she had complied.

Rahmah Ghazali/Mkini