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.

Death plunge: Candles flicker in mourning

Some 500 people gathered outside the Plaza Masalam building in Shah Alam last night for a candlelight vigil held to mourn the death of Teo Beng Hock.

Led by Selangor Menteri Besar Khalid Ibrahim, the crowd paid tribute to the 30-year-old former journalist, who was described by friends and former colleagues as a good-hearted and friendly person.

Teo, who was working as the political secretary to Selangor state executive councillor Ean Yong Hean Wah, is said to have plunged to his death from the building.

He was last seen at the Malaysian Anti-Corruption Commission (MACC) Selangor office – located on the 14th floor of the building – where he was brought in for questioning over investigations into alleged misappropriation of funds by his boss.

Addressing the crowd, Ean Yong demanded a detailed explanation from MACC and Prime Minister Najib Abdul Razak over his aide’s death.

“This is a tragedy that could have been avoided if MACC followed proper procedures,” said the exco, his voice cracking with grief.

“He was only a witness. I never thought he would not back.”

According to MACC, Teo was called in at 6pm yesterday and was questioned until 3.45am but was allowed to leave after that. However, Teo had instead chose to ‘rest’ on a sofa in the MACC office and was last seen at 6am.

His body was discovered on the roof top of Plaza Masalam, more than seven hours later – at 1.30pm – by a janitor. He had apparently fallen from the MACC tower block which is adjacent to the plaza.

‘Goes in alive, comes out a corpse’

Klang MP Charles Santiago told the crowd that a “good man went to the MACC (to assist them in their investigations) and came out a corpse.”

“How can we expect MACC or the police to protect the common man?” he asked.

The crowd also vented their anger towards Najib and chanted slogans such as ‘MACC murderers’ and ‘BN is cruel’.

Kampung Tunku assemblyperson Lau Weng San claimed that the ongoing MACC probe against Selangor Pakatan Rakyat state reps was nothing short of persecution.

“Najib has declared war on Selangor. He wants to take this state like how he took Perak,” added PKR supreme council member Badrul Hisham Shaharin.

Throughout the vigil, the participants who knew Teo recalled their final encounters with the deceased.

“He parks his car beside mine everyday. Now, I will not be able to see him anymore,” lamented Abdul Razak Ismail, the aide of Selangor exco member Dr Xavier Jeyakumar.

“I had meals with him so many times. I cannot believe that he is gone. MACC must pay for this,” a distraugted DAP party worker from Perak told Malaysiakini.

Fiancee barred from seeing his remains

Earlier in the evening, drama broke out on the fifth floor of Plaza Masalam when the police refused to allow Teo’s fiancee to see his body.

“Please… please just let me see him once,” she pleaded, sobbing uncontrollably.

The pair had known each other for five years and were supposed to register their marriage today.

Counsel for Teo’s family Gobind Singh Deo expressed regret that the police only allowed Teo’s elder brother to see the body.

He also criticised the police for only informing the family that they could appoint their own pathologist to inspect the body at the eleventh hour.

Gobind said the family was given only about half an hour to bring a pathologist. He confirmed that three pathologist were already at the scene.

“We have asked for the preliminary findings but they have given naught,” he exclaimed.

Another Selangor exco member Ronnie Liu demanded that the attorney-general take stern action against those responsible for Teo’s death.

“If MACC did not take him, he would still be alive. MACC must be charged for murder or manslaughter,” he said.

Eyebrows were also raised as to why the police forensics team took almost nine hours to remove the body.

At about 9.15pm, the police took Teo’s body out of the building through the loading bay, avoiding the horde of journalists, photographers and vigilers gathered at the main entrances.

The police truck carrying the body sped off from the crowded car park en route to the Tengku Ampuan Rahimah Hospital in Klang, where a post-mortem will be carried out today.

It is understood that at least two forensics team inspected Teo’s body.

According to DAP supremo Lim Kit Siang, Teo’s mother in Alor Gajah, Malacca, had been crying non-stop since she was informed of the news at 5pm.

“Friends and relatives (are) in shock,” he said in a Tweeter message.

Teo’s mother was consoled by former DAP secretary-general Kerk Kim Hock.

Andrew Ong, Mkini

MACC SHOULD BE HELD RESPONSIBLE FOR TEO BENG HOCK’S DEATH

Parti Sosialis Malaysia (PSM) is shocked to hear about the death of DAP exco, Ean Yong Hian Wah’s political secretary, Teo Beng Hock at the building beside the Malaysian Anti-Corruption Commission (MACC) Selangor headquarters in Shah Alam.

Since Teo was was taken to the MACC headquarters for questioning, it is very clear that he was under the custody of the MACC. It is therefore clear that MACC is responsible for the death of Teo as it failed to safeguard him. MACC must now face the facts and be held responsible. This is not the first case of abuse by MACC/ACA as SUARAM has recorded previous incidents of torture under MACC/ACA custody.

We wish our heartfelt condolences to the family of Teo Beng Hock. PSM calls for an independent public inquiry on his death and demands that those responsible to be prosecuted.

S.Arutchelvan
Secretary General

He was to be married tomorrow

Teo Beng Hock was supposed to register to be married tomorrow, revealed DAP stalwart Lim Kit Siang.

Expressing disbelief over his death, Lim said: “No one in his right senses will imagine to commit suicide a day before he is slated to be married.”

The veteran politician added that the entire nation is shocked by the “first death of custody under the MACC.”

“MACC’s reputation is at an all time low. It must satisfy Teo’s family and the public that there was no foul play or abuse involved,” he added.

He was responding to reports that the 30-year-old political secretary to Selangor executive councillor Ean Yong Hian Wah fell to his death from the MACC Selangor headquarters in Shah Alam.

Teo was taken in for questioning yesterday in relation to a probe by MACC pertaining to its investigations of seven Pakatan Rakyat assemblypersons.

His boss cannot believe it

Meanwhile, Ean Yong also refused to believe that Teo would have taken his own life.

“He was going to get married, why would he want to commit suicide,” the visibly distraught DAP leader told reporters in Shah Alam.

According to the state exco, Teo looked normal before heading off to the MACC office.

“He looked calm. Before he went to the MACC office, (lawyer M) Manoharan and myself talked to him about how to answer the questions.

“If there was any problems, I should be the one (to face action). I don’t see any reason for him to commit suicide,” he said.

This is what other Pakatan leaders had to say about Teo’s death:

Lau Weng San, DAP Kampung Tunku assemblyperson

MACC should provide a full explanation. I would ask that the investigating officers be suspended until a thorough investigation is done.

It is difficult to continue cooperating with MACC (on the investigation of corruption charges) when our personal safety is not guaranteed. They better arrest me than record my statement if I am going to subjected to ‘torture’.

MACC should get its priority straight. This is a case which involves (relatively) lower amount of money; it involves a few thousand, at most RM10 000. Why conduct an overnight investigation? There are other scandals which involve billions. What was the urgency for an all night probe when MACC has all the documents?

Teo was a healthy, energetic young man and his death comes as a shock. There was no need for him to commit suicide.

Teresa Kok, Selangor exco and DAP Kinrara assemblyperson

MACC has to be responsible for the death. There are a lot of questions being raised. Why did it (the investigation) drag on for so long? Why did MACC deny Teo access to a lawyer? Why should he (Teo) hang around the office (after he was released), and what sort of investigation was being carried out?

We are all very sad with the death of Teo which we hold MACC responsible for.

Hannah Yeoh, DAP Subang assemblyperson

I am extremely traumatised and shocked by Teo’s death. I last spoke to him yesterday, after lunch, before MACC came to us. He was a friend of mine.

I do not know what to say because at the moment we do not know what really happened to him. I now fear for the safety of my assistant.

Elizabeth Wong, Selangor exco and PKR Bukit Lanjan assemblyperson

I am shocked and outraged. This tragic incident is another reminder of the recklessness of supposedly public institutions like the MACC in pursuing the goals of its political masters.

Let me be clear, I hold the MACC responsible for Teo’s death. The shameless press conference this afternoon by MACC director of investigations Shukri Abdull is the biggest insult to the death of an innocent young man, and to Malaysians at large.

Does the MACC think it holds powers greater than the police when it interrogated Teo from 5pm to 4am the next day? In the face of such a frightening incident, I will not allow any of my staff to be taken in for questioning by MACC unless accompanied by their legal counsel.

The police must seal off Plaza Masalam and take into custody all those involved in the interrogation. Shukri should save whatever honour he and the MACC has left by resigning.

Tony Pua, DAP MP for Petaling Jaya Utara

Whatever it is, he was under their care. And it is fishing expedition, of people who will be the last person in the world to take money. This has gone completely over board.

Tan Seng Giaw , DAP MP for Kepong

We should let the police investigate first? Some people say there is foul play but let police investigate first.

Dr Wan Azizah Wan Ismail, PKR president

PKR is shocked and saddened by this incident. We want an immediate and thorough probe to be carried out by the police and MACC. Immediate action must be taken to ensure that justice is served.

Khairy Jamaluddin, Umno Youth chief

I will call for Royal Commission of Inquiry but we must not pre-judge and cast aspersions as per LKS (Lim Kit Siang).

Teo’s death shrouded in mystery

It is still a mystery for everyone as to how an aide of a Selangor state executive councillor, Teo Beng Hock could have plunged to his death from the Malaysian Anti-Corruption Commission (MACC) headquarters in Shah Alam.

No one saw the incident, said a top MACC official.

The absence of a close-circuit television (CCTV) in the commission may hamper investigators from finding out what had actually happened to Teo.

At a press conference held at the MACC office, the commission investigation division director Shukri Abdull told reporters that he was “not aware” of any CCTV in the building.

Teo, 30, who was DAP exco Ean Yong Hian Wah’s political secretary, was believed to have fallen from the tower block where the MACC Selangor office is located.

The MACC office is on the 14th floor of the building and Teo’s body was found on the roof top of an adjacent block.

Yesterday, Teo was taken to the MACC headquarters for questioning in relation to a probe concerning several Pakatan assemblypersons.

‘He wanted to rest’

Shukri said that the MACC officers were informed that a body was found on the fifth floor of Plaza Masalam at around 1.30pm today.

He also confirmed that the deceased was a witness in a case being investigated by Selangor MACC in relations to financial allocations for Selangor state reps.

“The man was asked to come to Selangor MACC last night at 5pm for his statement to be recorded and this procedure was completed at 3.45am,” he said.

Shukri however stressed that Teo was a witness and not a suspect in the case.

“At 3.45am, he was allowed to leave, he promised to come today to bring some documents to assist in the investigations,” he said.

But Teo did not leave immediately, said Shukri, as he sought permission to rest at a sofa until 6am today.

“At 6am, he was still seen to be sleeping at the couch… but we didn’t see him until 1.30pm today when the body was found,” he said.

MACC’s Shukri meets the press

What is the name of the deceased?

The details can be sought from the police. He is a special assistant to the Sri Kembangan state rep.

Is this building monitored through CCTV?

I’m not aware of that. I believe the police is looking into this.

Are there witnesses?

The problem is that no one saw (the incident). We were only informed at 1.30pm.

So he was sleeping, woke up and plunged from the building?

At 6am, he was seen here. Our officers were working non-stop last night. Some were sleeping in their respective rooms. We allowed him to sleep on a couch in a office.

How was the body discovered?

Because someone was screaming downstairs.

Who?

We don’t know the person.

When did it happen?

We don’t know.

From which floor?

From where? We don’t know. The police are investigating. We not sure if it was from here (14th floor) or if he went downstairs. We are not sure.

How was the deceased when he was giving his statements? Was he under pressure?

He was normal. He is just a witness. He was not the accused.

According to Ean Yong, he had appealed to MACC for the deceased to be allowed to leave earlier and return today. This request was denied.

We recorded his statements until (all questions) were completed. He was released at 3.45am. We have to complete (recording) his statements. He promised to return today.

What time was he suppose to return?

He said once he obtained the documents he would come back to us.

So he slept here…

He said he needed to rest.

Did he complain about health problems?

No. He said he wanted to rest.

Did he cooperate during investigations?

He was cooperative.

Why wasn’t Ean Yong informed? He learnt about this from the press.

We didn’t know. We only know at 1.30pm when we saw the body. What time did Ean Yong find out?

At 4pm. He learnt from the reporters. MACC did not contact him.

(No reply)

How many officers were present when (the deceased) was questioned?

One.

Why was he questioned until the wee hours of the morning?

It is normal for MACC to record statement for about eight hours because our questions are very thorough.

Why wasn’t he allowed to rest?

When we record statements, if (the witness) wants a break, we will take a break. We will ask him (if he needs a rest). The same goes for any witness.

Why wasn’t Ean Yong informed?

I can’t comment on that. The Selangor (police) is handling this. Please ask them.

Why was is there a probe on the financial allocations?

We receive general information that there were misappropriation of state rep’s funds. We are not focusing on any specific state rep. We are not sure who is involved. We are visiting certain areas, checking documents, to see if the allegations are true.

It doesn’t matter if it is a state rep or state cabinet member. We don’t know who is the suspect. It is still early. It is the press who are raising the names of state reps. MACC has never raised this issue. When this appears in the press, it is not MACC that raised this. It was raised by others. That is the problem.

Okay? I can’t comment more because this is under police investigations.

Andrew Ong, Mkini

MACC to probe all S’gor Pakatan reps

The Malaysian Anti-Corruption Commission has accelerated its investigation on all 36 Pakatan representatives in Selangor including Menteri Besar Khalid Ibrahim, claimed Kampung Tunku assemblyperson Lau Weng San.

According to Lau, whose office was raided by the commission yesterday, the MACC officers have now taken all documents pertaining to Pakatan’s community programmes at Gombak’s land office and will start investigating from one area to another.

“They (MACC officers) also told me that they will investigate other reps, and not just the seven (as mentioned by state exco Teresa Kok),” Lau told reporters at MACC Selangor headquarters in Shah Alam.

It was reported previously that seven Pakatan state reps in the state were investigated by the commission in relation to the use of state funds in their respective constituencies.

This was followed by several raids at Lau and state exco and Sri Kembangan assemblyperson Ean Yong Hian Wah’s offices.

Pakatan is prudent in its spending

According to Lau, MACC is on a “fishing expedition” to see whether there were any misuse of the funds.

“They wanted to ensure that all the community programmes that we organised thus far are legitimate and people were attending them.

“They (the MACC) apparently also wanted to make sure that the elected reps do not easily claim money from the land office (which is in charge of the funds) for organising the events,” Lau said.

But Lau assured that all Pakatan representatives have been prudent in their spending as they have strictly followed the land office’s rules when it comes to claims.

“It is diffcult to get any claims from the land office because they normally require photos relating to our community events as evidence,” he said.

“But I do hope MACC can give an explanation as to why they appear so unsatisfied with our allocations,” said Lau.

Report lodged against BN state rep instead

Lau was initially called up by the MACC to get his statements recorded today, but his appointment has been postponed to a later date.

He, instead, lodged a corruption report against former BN assemblyperson for Kampung Tunku, Wong Sai Hou, for allegedly misusing the state funds amounting RM500,000 within three months before the March general election last year.

According to him, Wong had spent up to RM30,000 a day for different functions in his constituency.

Showing a list events that he obtained from a land office, he indicated that the events organised by the previous administration were mostly “big events”.

“And each of the event, they would spend exactly RM10,000, which is the maximum amount that can be claimed from the land office,” said Lau.

He hoped the MACC could accelerate their investigation on the BN representative as fast as its investigations on the Pakatan reps.

Similar complaints had been lodged by Pakatan reps before this, where BN assemblypersons had allegedly spent 90.6 percent of the total state allocations within the first two months of this year, amounting to RM27 million.

However, an investigation has yet to be carried out by the commission.

Rahmah Ghazali, Mkini

Exco’s aide falls to death from MACC HQ

The aide of a Selangor state executive councillor plunged to his death from the Malaysian Anti-Corruption Commission (MACC) Selangor headquarters in Shah Alam.

Teo Beng Hock’s body was found on the rooftop of a building next to the towering block which houses the MACC headquarters.

The 30-year-old former journalist was DAP exco Ean Yong Hian Wah’s political secretary.

He was believed to have fallen from the 14th floor of the tower block where the MACC Selangor office is located early this afternoon.

Yesterday, Teo was taken to the MACC headquarters for questioning in relation to a probe concerning several Pakatan assemblypersons.

When the news of his death broke, Pakatan leaders, including Ean, rushed to the building.

Other DAP leaders at the MACC headquarters are Ronnie Liu, Teng Chang Khim and Tony Pua.

Both Liu and Teng, who were at building for more than an hour, confirmed that Teo had died.

Earlier, Selangor police chief Khalid Abu Bakar told Malaysiakini that the case was being investigated.

Speaking to reporters later, the police chief said the deceased was found clad in a black jacket, blue shirt and white pants.

Lawyer: He looked happy

MACC investigation division director Shukri Abdull told reporters that Teo was released at 3.45am but did not go home and was seen loitering in the building.

According to him,Teo had wanted to rest for a while at the pantry. He was seen still sleeping there at 6am.

“Nobody saw him after that until his body was found at around 1.30pm,” he said.

He repeatedly stressed that Teo was merely a witness in the investigation and not being probed.

Asked how they discovered the body, Shukri said they were alerted when they heard someone scream.

His lawyer M Manoharan, who accompanied Teo to the MACC office yesterday, said the deceased looked normal and showed no signs of being under stress.

“He was happy and looked composed. I had advised him how to handle the interrogation as I was not allowed in during questioning,” he said.

Manoharan, who is the Kota Alam Shah assemblyperson, last saw Teo at around 7pm yesterday.

As of 6pm this evening, Teo’s body was still on the roof top of the building.

Teo’s laptop seized yesterday

Ean’s office was raided by the MACC yesterday where officers confiscated a laptop belonging to Teo as well as a desktop computer.

The MACC also raided the office of Kampung Tunku state assemblyperson Lau Weng San yesterday.

Apart from Ean and Lau, six other Pakatan elected representatives are also under investigation – Teresa Kok (Kinrara), Hannah Yeoh (Subang), Elizabeth Wong (Bukit Lanjan), Dr Cheah Wing Yin (Damansara Utama) and Edward Lee (Bukit Gasing).

The commission had earlier quizzed several people, including the personal aides of five assemblypersons – Ean, Lau, Kok, Wong and Yeoh.

Selangor state representatives are given RM500,000 each every year to fund community programmes in their respective constituencies. The MACC has alleged that the funds have been abused by the elected representatives.

R Sivarasa, who is Subang parliamentarian, said that the death was under very suspicious circumstances.

“At this point, we are holding MACC responsible until we get a better explanation.”

Meanwhile, Kok asked why MACC took Teo away for interrogation at 5.40pm yesterday thus forcing him to stay in the building overnight.

Pua wondered why Teo would want to stay back after he was released by his interrogators. “Anyone who is asked for statements would be told to leave after the procedure is over.”

He lamented that Teo’s lawyer, Manoharan, was not allowed to be present during the interrogation.

Halimah Ali, a PAS exco in the Selangor government, also revealed that Teo had his car in the MACC building. “There is no reason for him not to go home.” Mkini

Ean Yong’s political secretary dead at MACC HQ

By Neville Spykerman

SHAH ALAM, July 16 – The Malaysian Anti-Corruption Commission’s (MACC) controversial probe into several DAP assemblymen’s activities was thrown into more turmoil today with the death of political aide Teoh Beng Hock at the anti-graft authority’s Selangor headquarters.

The 30-year-old’s death will put more pressure on the MACC, which has been accused by the opposition of conducting selective investigations.

Teoh, the political secretary of Seri Kembangan assemblyman Ean Yong Hian Wah,  was taken in for questioning by the MACC yesterday at its 14th floor office in Plaza Masalam in Shah Alam.

MACC said he was freed but his body was later found sprawled on the roof of a five-storey building next door.

It is unclear if Teoh, a former journalist with Chinese daily Sin Chew Jit Poh, fell or jumped from the MACC office.

Ean Yong and several other DAP lawmakers are at the scene now, including M. Manoharan, Gan Pei Nee and Teresa Kok.

DAP’s Ronnie Liu said the police has confirmed that the body is that of Teoh. He added that he does not understand how this could have happened.

At a press conference, the MACC director of investigations Datuk Mohd Shukri Abdul said Teoh was questioned from 5pm yesterday to 3.45am and was released soon after.

However, Teoh apparently said he was tired and so he rested on a settee in the lobby. He was seen sleeping on the settee at 6am.

At about 1.30pm, Shukri said, they heard that a body had been found on the 5th floor of the adjacent building and when one of the MACC officers went to investigate, he realised it was one of their witnesses.

Shukri said Teoh was not a suspect but was questioned as part of their investigations into the misuse of state allocations.

Police have not allowed anyone to view Teoh’s body, which has still not been removed at 6.30pm, when his brother was at the scene.

In an immediate reaction, DAP supremo Lim Kit Siang expressed shock and asked in his twitter account, “Is there now the first case of death in custody, not police but MACC? If so, heads must roll!”

The DAP leader is in Penang and said he was waiting for a full report about the tragedy.

“What has this country come to?” he asked, adding later he and other Pakatan Rakyat leaders will meet the MACC on Friday for an explanation.

According to Kit Siang, Teoh, an Alor Gajah boy, was to register his marriage tomorrow.

Kit Siang also confirmed he and Anwar will meet reporters at the MACC building in Shah Alam at 10am Friday.

Teoh was taken in for questioning yesterday after MACC officers raided Ean Yong’s office in the State Secretariat as they were investigating complaints about the failure of state allocations to reach the people.

Selangor State Assembly Speaker Teng Chang Khim weighed in by saying the MACC is responsible for the incident.

His lawyer M Manoharan, who accompanied Teo to the MACC office yesterday, said the deceased looked normal and showed no signs of being under stress.

“He was happy and looked composed. I had advised him how to handle the interrogation as I was not allowed in during questioning,” he said.

Manoharan, who is the Kota Alam Shah assemblyperson, last saw Teo at around 7pm yesterday.

Ean Yong said it was highly unlikely Teoh took his own life since he was due to register his marriage tomorrow.

“Furthermore, there was no reason for him to linger (after the interrogation) because his car was here,” he added.

Selangor executive councillor Elizabeth Wong expressed shock over Teoh’s death and added to the chorus that MACC was responsible for it.

“This tragic incident is another reminder of the recklessness of supposedly public institutions like the MACC in pursuing the goals of their political masters,” she said in a statement.

Wong said MACC investigations director Datuk Mohd Shukri Abdul’s explanation flew in the face of logic, adding that the authority should operate within acceptable guidelines when conducting interrogations.

“Even the police stops interrogating suspects at 6pm. Did the MACC think it holds powers greater than the PDRM when it interrogated Teoh from 5pm to 4am the next day?” she asked.

She said the incident has prompted her not to allow her staff to be questioned by the MACC unless accompanied by legal counsel, adding the police should also seal the office for investigations.

“ Datuk Mohd Shukri … should save whatever honour he and the MACC have left by resigning,” said the Bukit Lanjan assemblywoman.

In a statement, Penang Chief Minister Lim Guan Eng said the MACC must bear full responsibility for this death as Teoh was in their custody at the time.

“MACC should stop its political persecution of PR, especially DAP leaders and members, that does not serve the interest of fighting corruption or justice,” he said. “Such political games have caused the loss of life of a bright young idealistic DAP member.”

“There must be a full investigation on how he died. Unless MACC can clear its name, the public may suspect that Teoh was mistreated and MACC had a hand in his sudden death. There must be full transparency and accountability.

“DAP extends its condolences to Teoh’s family for this tragic loss and assures them that all steps will be taken to ensure that the culprits or those responsible be punished.”

Sekinchan assemblyman Ng Swee Lim, who was weeping openly at the press conference, said he had wanted to take Teoh for seafood yesterday.

Meanwhile, PKR vice president K. Sivarasa calls this a “death in suspicious circumstances.”

PKR assemblyman Xavier Jeyakumar is questioning why a normal young man would want to kill himself over being questioned about state allocations. A vigil is now being organised for Teoh outside the MACC office from 8.30pm tonight.

MI

Notes from the underground: A lesson to Penang CM, Sis Eng & Ronnie

The furore over Wee Choo Keong’s allegation that certain gang members had special access to the office of a certain state executive councillor in Selangor is a minor issue that attracts widespread interest among members of the public nevertheless.

The revelation has indeed sparked off a war of words between this PKR MP and his DAP allies in the media. Some highly inappropriate name calling has been flung into the muddied air. It does seem as if these former opposition warriors have yet to learn the meaning of partnership in a state government coalition.

On the other hand, the net news portal The Rock News commented that this news titbit is actually common knowledge among media professionals and Pakatan Rakyat leaders in the Klang Valley.

In the special report, the citizen journalist Ling See How revealed that whenever the state exco went in his official car to attend an official function hosted by a temple or a Chinese guild or association, his car would be preceded by a “mysterious Toyota Harrier” with some mysterious men in it.

So far, Wee has not named the guilty party, though press speculation has it that the object of his wrath is a DAP politician. Whether the media should be so worked up over such a highly speculative story is for the readers to judge. The whiff of a possible scandal has whetted the appetite of news hounds and the public alike for more details.

Most street-wise citizens in Malaysia’s large urban centres should not be too surprised by such reports. The underworld is very much a part of the urban landscape everywhere. They fund and run an alternative economy of very lucrative but illicit businesses such as gambling, prostitution, extortion, loan-sharking, and entertainment outlets worth many billions of ringgit a year.

Operating in the under belly of our society, these organisations are all bulging with muscle and other physical power. They have their own code of conduct and morality, for enforcing internal discipline, and inter-gang co-existence.

The people that the underworld figures fear the most are the police, who monopolise the legitimate use of violence in the state, and against whom the physical power of the underworld is useless.

They solve this problem by attempting to bribe policemen, all the way to the top. They are the ones who have the most intimate information about corruption in the police force. For obvious reasons, they are the least likely to divulge information to anti-corruption agencies.

The enlightened godfathers

The more enlightened godfathers will try to cultivate special relationship with politicians. Politicians and public officials like federal ministers and state excos

State excos can be used as a counter-weight to the police in cases of raids and arrests. They can also be used to shield the licensing of their business cover.

In my two decades of public service, I had gained insight into this secret world of violence and money.

Kuching is my hometown, and I grew up in a tough neighbourhood. Naturally, I knew many of these gangsters when I got elected in 1982. Many of them sought my advice and assistance when they got into trouble.

I did not see them as disgusting people to be looked down always. I knew them to be victims of broken families, poor and ignorant parents, and dropouts from schools that grew too large to give individual attention to their pupils. Many of them fell in with bad company, and made bad choices.

Early in my political tenure, I made up my policy regarding my relationship with these gangs. There were my voters and the citizens of this country, and so they enjoy rights and bear responsibilities like everyone else.

But I was not going to be used by them to promote their criminal or immoral activities. It soon went around town that I was particularly opposed to prostitution, loan-sharking, and drug trafficking. These activities destroy people’s soul, and I will not befriend anyone involved in these crimes.

One day, one of these hard hats dropped into my office, and asked me for a favour. He had been called by the police to give a statement at the police station. He merely wanted me to write a letter to the investigating officer to tell him the interviewee would cooperate with the police.

I was puzzled, until he told me that such a letter will ensure that he would not be beaten up by the police in the interrogation room.

One day, three loan-shark runners came to see me in my office. They had tried to collect their money from a debtor, and the debtor had referred them to me.

I did not know this debtor at all so I was puzzled. Then I knew why. The debtor was unable to service his loan, and was in fear for his life. So I advised these three large gentlemen with tattoos on their body to collect their debt peacefully, without violence, and to give the debtor some breathing space, by rescheduling repayment etc. They nodded respectfully and left.

Unavoidable clashes

Eventually, there were unavoidable clashes between my office and the underworld in the course of my public engagement. At one time, my Bidayuh point man working in the villages against a timber company logging near Kuching was threatened by a group of known thugs who had been hired by the company.

I made a call to the police commissioner, and he promised swift action. Soon after that, a senior police officer was dispatched to the police station nearest to the village. All parties were summoned. The officer told the timber company boss that if any harm should come to my Bidayuh assistant, the boss and the gang would immediately be arrested and charged. Those samseng melted into the jungle.

Soon after that, the Big Brother or Tai Ko of those muscle men paid me a visit in my office.

He turned out to be an old friend from the local Heng Hua fishing village. I pitied him, because his hands and feet had been amputated during a gang fight, and the doctors did not do such a great job patching him up. He said he was in great pain 24 hours a day.

Then he asked me why I should interfere with his Heng Tai (underlings) when they were trying to make a living from the timber company. I had broken their rice bowl, he said nicely.

I said the timber company donated hundreds of thousands of cash to the BN candidate against my party candidate, and so he was our political foe. The Chinese Heng Tai from Kuching should not interfere with our political battle in the upcountry Bidayuh area.

Besides, I reminded him gently that these Bidayuhs had at least one gun and three parangs hanging on the wall of their sitting room. I was trying to save his Heng Tai’s skin!

He accepted my explanation and left amiably. These “brothers” could really understand the logic of turf war!

Godfather’s political analysis

One godfather I particularly liked had retired from the scene and gone into legitimate business, though his reputation in the underworld still remained. We bumped into each other often and chatted over a cup of coffee.

His political analysis of the current political situation is no less penetrating than anyone who had earned a PhD in political science. I asked him how he came to know so much.

He said when he was in jail during those long youthful years, he read up all the books in the jail library.

During elections, half of the underworld members would volunteer to support me out of their political stand, and the other half would choose to support the BN candidate for reasons known best to themselves.

I would make sure that those who supported me did it as voters, who would not hold me beholden to them in anticipation of some return for their favours. They were just voters in my constituency.

That is how I came to know that any urban elected representative in Malaysia worth his salt would have some personal knowledge of the underground activities within his constituency.

But it is crucial for public officials like state excos to maintain a cool distance from these shady characters from the underground.

In the name of good governance, transparency, and accountability, any close association with these figures from the underworld or special access granted to them by public officials would be perceived by a demanding electorate as a sign of compromise of political principle to this the less palatable element of our social fabric.

So now, Wee Choo Keong has thrown down the gauntlet at his Pakatan Rakyat allies in Selangor.

As the Selangor Mentri Besar Khalid Ibrahim and the DAP supremo Lim Kit Siang have insisted, Wee’s allegations must be investigated, no matter how unspecified they may be, not least just to clear the good names of all the excos in the matter. //

SIM KWANG YANG was MP for Bandar Kuching from 1982 to 1995. He can be reached at kenyalang578@hotmail.com. Mkini

Penang CM scared of Kg Buah Pala’s lawyers?

The Penang CM is setting condition for meeting up with the Kg Buah Pala’s residents: No lawyers-no outsiders!

These 2 conditions flies in the face of many past practices by DAP itself and recognised rights of citizens around the world. Firstly all marginalised groups are entitled to get help whichever way it can. And legal help is one which they can legitimately and reasonalby get for itself so that at least they are guided by law in their demands.

The State Government should even supply a lawyer to them if the residents don’t have one! While even a suspected criminalcannot be denied the right to legal counsel the CM of Penang want the residents to negotiate their rights to land/house away without any legalsupport. The CM is not showcasing his `level playing field’ by any chance!

To insist that the residents meet him without a lawyer but the state government avail itself of the country’s best lawyers make a chicken out of the proud CM of Penang! Guess what: this may well be the good advice coming from the best lawyers around the CM. Guess what: the lawyer is seen around the CM ….

The DAP lawyers were famous in the past as representing folks in trouble-but now they deny folks in trouble the rights to be repressented by lawyers. The new DAP slapping the old DAP?

Then the idea that  `outsiders’ should not be involved. Is the CM himself an `outsider’ to Kg Buah Pala? Even an `outsider’ to Penang? He may argue that the Penang voters choosed him to lead Penang state government. So did the residents who choose their own lawyer. Who is the CM to dispute their choice? Using the word `outsider’ suggest that the CM is not willing to have a round table meeting involving all sides-only those whom he can impose him views on. The CM himself may become an `outsider’ one day. Watch out. He should stop such tags before the tag is thrown back at him!

The issue at Kg Buah Pala was started by politicians-not by the residents who started to stay there over a hundred years ago. By using the emotive tag of `outsider’ the CM is trying to divert attention away from the real source of the problems: the politicians who work hand in hand with developers to get some quick bucks!

Ong BK, Penang Watch

HIMPUNAN MANSUH ISA AKAN DIADAKAN PADA 1 OGOS 2009

1.      Sekretariat Himpunan MANSUH sebagai penganjur Himpunan MANSUH ditubuhkan khas bagi menggerakkan rakyat menyatakan sikap terhadap akta zalim, Akta Keselamatan Dalam Negeri (ISA) melalui perhimpunan secara aman.

2.      Sekretariat diwakili oleh wakil-wakil daripada anggota Gabungan Gerakan Mansuhkan ISA (GMI) terdiri daripada badan bukan kerajaan (NGO), parti-parti politik dan mahasiswa. Jawatankuasa Pepandu Himpunan MANSUH diwakili oleh pimpinan parti-parti politik dan NGO.

3.      Hari ini Sekretariat Himpunan MANSUH ingin memaklumkan secara rasminya tarikh Himpunan Besar-besaran Mansuhkan ISA iaitu pada hari Sabtu, 1 Ogos 2009.

4.      Tarikh 1 Ogos 2009 dipilih sempena 49 tahun ISA yang digubal pada 1 Ogos 1960. Selama 49 tahun negara dinaungi kezaliman ISA. Masa yang terlalu lama untuk negara dibiarkan diselubungi dengan akta yang empunya kuasa amat luas menahan tanpa bicara, menghukum tanpa bukti dan memenjarakan tanpa tempoh menentu. Sudah tiba masanya akta usang itu bukan sahaja dikajisemula tetapi dimansuhkan sama sekali.

5.      Himpunan MANSUH dianjurkan dengan hasrat untuk rakyat menzahirkan sikapnya secara jelas dan lantang dengan membuat tiga tuntutan:
a.       Bebaskan semua tahanan ISA
b.      Mansuhkan ISA
c.       Tutup Kem Kamunting – Kem ’Guantanamo’ Malaysia

6.      Pada 3 April 2009, sebaik menjadi Perdana Menteri ke-6, Dato’ Seri Najib telah membebaskan 13 orang tahanan ISA (termasuk dua orang tahanan Hindraf) dan mengumumkan untuk mengkajisemula ISA. Satu tindakan yang dikatakan bukan populis.  Empat hari kemudian pada 7 April, Pilihanraya Kecil 2 Bukit 1 Batang berlangsung.

7.      Pada 8 Mei 2009, 13 orang lagi tahanan dibebaskan termasuk tiga orang lagi tahanan Hindraf. Sekali lagi ini dikatakan bukan tindakan populis sedangkan sehari sebelumnya berlaku titik hitam di Perak.

8.      Dalam pada pembebasan diumumkan, secara senyap-senyap empat orang tahanan baru ditahan sekitar bulan April termasuk Mas Selamat Kastari yang dilaporkan lari daripada ISA Singapura. Bahkan sebenarnya di Kem Kamunting masih terdapat seramai 14 orang tahanan ISA seperti yang dilaporkan GMI. Tiga orang daripadanya telah ditahan lebih daripada 7 tahun.

9.      Cadangan untuk kajisemula ISA pula dibuat sejak 3 April 2009, lebih dari 2 bulan yang lalu. Tetapi sehingga kini, tiada sesiapa tahu bila sebenarnya kajian tersebut akan siap. Suhakam sudah mengesyorkan ISA dimansuhkan sejak 2003 lagi. Pada masa yang sama, sudah ada peruntukan undang-undang sediada yang mencukupi untuk menangani keganasan.

10.  ISA memusnahkan konsep asas undang-undang berperlembagaan. Ia mencemar asas pengasingan kuasa. Ia membenarkan kuasa eksekutif melangkaui kehakiman dengan menahan seseorang tanpa waran, tanpa bicara dan tanpa hak peguam. ISA telah menghapuskan apa juga semakan undang-undang yang disyorkan perlembagaan. ISA juga membenarkan kuasa yang luas, arbitrari dan tidak boleh dicabar mahkamah yang menyebabkan berlakunya penyeksaan fizikal dan mental.

11.  Kemuncak asas-asas ISA ialah elemen mengancam, mengugut dan mewujudkan rasa takut dan gerun…”climate of fear”…”under siege mentality”… sehingga merencatkan daya fikir dan teguran berani serta fitrah manusia yang bebas.

12.  Atas sebab keadaan ini, atas sebab kezaliman berterusan dengan penahanan tanpa bicara, arbitrari, tanpa pembelaan dan tanpa diketahui bilakah dibebaskan, penganiayaan ke atas isteri, anak dan keluarga dan atas tuntut keadilan, maka rakyat perlu zahirkan kebenciannya terhadap ISA dan mendesak Kerajaan bertindak segera mansuhkan ISA. Tindakan populis dan berlengah-lengah oleh Kerajaan mesti dihentikan. Rakyat tidak harus terpedaya dan membenarkan amalan begini berterusan.

13.  Himpunan MANSUH dianjurkan sebagai kesinambungan pelbagai usaha Gerakan Mansuhkan ISA (GMI) selama ini dalam membawa kesedaran tentang kezaliman ISA, membela nasib tahanan dan keluarga, membongkar kezaliman ISA dan mendesak Kerajaan untuk membebaskan tahanan, memansuhkan ISA dan menutup Kem Kamunting sehinggalah membawa kepada pembebasan ramai tahanan ISA dan janji kerajaan untuk mengkajisemula ISA.

14.  Beberapa program akan dianjurkan menjelang Himpunan tersebut. Antaranya jelajah ceramah seluruh negara, pengedaran risalah, pertunjukan seni, forum, pengumpulan tandatangan, petisyen on-line dan sebagainya.

15.  Himpunan MANSUH menganjurkan Himpunan besar-besaran bagi menyeru dan menggembleng seluruh warganegara Malaysia daripada pelbagai lapisan masyarakat, budaya, bangsa dan agama yang cintakan keadilan, kebenaran dan keamanan rakyat untuk turut serta berhimpun pada 1 Ogos 2009 bagi menyatakan sikap tegas kita terhadap ISA. Bersama memansuhkan ISA dan membebaskan bumi Malaysia daripada kezaliman!

Mansuhkan ISA!
Bebaskan Tahanan!
Tutup Kemta – Kem Guantanamo Malaysia!

Syed Ibrahim Syed Noh
Pengerusi Sekretariat Himpunan MANSUH
Pengerusi Gerakan Mansuhkan ISA (GMI)

Kisah benar di-Lokap Penahanan Dua Aktivis DEMA

Oleh Ong Jing Cheng

Eksklusif Saya Ong Jing Cheng (gambar kiri) dan seorang kawan saya Yap Heng Lung telah ditahan ketika kami dalam perjalanan ke Akademik Pengajian Islam (API), Univerisiti Malaya untuk berjumpa kawan yang belajar di UM pada jam 8 malam, 12 Julai 2009. Motorsikal kami rosak ketika menghampiri kolam renang pusat sukan, maka kami terus berjalan kaki ke destinasi. Kami dipanggil seorang yang nampak garang dan tidak beruniform, memperkenalkan dirinya sebagai pengawal keselamatan di depan surau API.

Pengawal bercakap dengan suara garang ketika meminta kad pengenalan saya. Saya agak takut dengan orang yang tidak saya kenali dan garang itu. Saya cuba meminta kad identiti dia, tetapi dia menunjuk kad identitinya dengan menutup nombor dengan tangan, namanya Izaham. Oleh kerana dia menutup nombor, saya rasa lagi takut dan mahu terus masuk API untuk berjumpa kawan, tetapi tidak dibenarkannya. Selepas itu, dua orang yang tidak beruniform turut sampai, menambah ketakutan kami.

Bekerjasama dengan polis

Selepas itu, kawan kami Redzuan dan Aizat keluar jumpa kami, dan membuktikan bahawa kami memang ada temujanji, tetapi kami tidak tahu apa sebabnya mereka masih mendakwa kami sebagai penceroboh. Saya berasa takut dan meminta bantuan polis dari balai polis Lembah Pantai.

Tidak lama kemudian, polis beruniform datang dengan kereta polis, mereka meminta kad pengenalan kami, kami terus serahkan dan bekerjasama dengan polis, termasuk membuka beg untuk diperiksa polis.

Seterusnya kami dibawa ke tempat letak motosikal kami, saya ditanya polis tentang lakaran memorandum bertajuk “Jadikan Jalan Raya Kami Selamat” (Making Our Streets Safe) yang terdapat di bakul motosikal saya bawa, di mana memo ini ditulis kepada Perdana Menteri Najib Abdul Razak, Kementerian Dalam Negeri dan Ketua Polis Negara. Walaupun saya telah menjawab kepada polis, bahawa itu ialah kertas untuk mengelap kotoran motosikal, dan saya telah menggunakannya untuk mengelap rantai motor yang penuh dengan minyak hitam.

Apabila kami dibawa ke balai polis, kita mendapati polis memang tidak profesional. Kami ingin membuat laporan tentang apa yang telah berlaku tetapi tidak dibenarkan. Polis pula menahan kami atas laporan yang dibuat oleh Izaham. Ini adalah double-standard. Membuat laporan polis adalah hak asasi manusia.

Setelah kami ditahan, kami diminta menandatangani satu dokumen tanpa penjelasan, tapi apabila saya baca, ini ialah dokumen yang menafikan hak-hak untuk mendapatkan bantuan peguam, dan nasib baik peguam telah sampai di balai polis dan menyuruh saya supaya tidak menandatanganinya. Mendapatkan bantuan peguam juga merupakan hak asasi manusia.

Ketika pegawai inspektor (IO) suruh polis membawa kami ke lokap, kami meminta untuk membuat laporan polis, namun dia jawab kami boleh buat laporan polis pada pagi esok. Tetapi pada hari esok, iaitu 13 Julai, kami terus dibawa ke Majistret untuk dipanjangkan tempoh tahanan. Pihak polis meminta supaya tahanan disambung empat hari, atas nama tidak bekerjasama dengan polis. Adakah tidak menandatangani surat penafian hak-hak mendapat bantuan peguam dianggap sebagai tidak bekerjasama? Akhirnya kami dipanjangkan tempoh tahanan selama dua hari.

Tiada makanan dibekalkan

Selepas balik dari majistret, kami terus dibawa ke balai polis Brickfield dan tidak diberi makanan tengah hari. Kami meminta makanan tengah hari, tetapi polis berkata tiada makanan di balai polis Brickfield, makanan hanya dibekal di lokap. Kami dibawa ke balai polis Brickfield untuk diambil keterangan oleh pegawai inspektor (IO). Saya meminta supaya ditemani peguam ketika mengambil keterangan, tetapi tidak dibenarkan atas sebab kami telah berjumpa dengan peguam pada malam 12 Julai. Akhirnya, kami tetap memberi keterangan.

Pada pagi 14 Julai, kami dibawa untuk berjumpa special branch. Kami diasingkan ketika soal siasat dijalankan. Mereka menanya tentang maklumat peribadi saya, sama ada ahli keluarga terlibat dalam mana-mana parti politik. Selain itu, mereka kelihatan sangat berminat untuk mengetahui sebab saya berjumpa dengan kawan saya Redzuan. Oleh kerana itu hak peribadi, saya tidak memaklumkan apa-apa.

Candle Light Vigil budaya Kristian?

Selain itu, mereka juga memberi keterangan tentang perhimpunan menyalakan lilin (candle light vigil) ini ialah budaya kristian, saya disuruh google Good Friday untuk maklumat yang lebih lanjut. Menurut mereka, ISA ialah akta yang perlu untuk menjaga keamanan, tetapi ISA ialah akta yang terakhir untuk digunakan, dan menasihati saya supaya tidak menghadiri himpunan mansuhkan ISA pada 1hb Ogos ini. Kalau hadir, kemungkinan besar akan masuk balik lokap.

Atas usaha orang ramai termasuk rayuan segera (urgent appeal), menelefon pegawai inspektor (IO) kami dan perhimpunan menyalakan lilin (candle light vigil) pada 13 Julai malam, kami telah dibebaskan tanpa bersalah. Saya tengah fikir, polis yang profesional harus menyiasat dan mendapatkan bukti barulah menangkap, tetapi kami telah ditangkap baru disiasat, ini telah menyebabkan kami ditahan dua hari, kehilangan kebebasan sebanyak dua hari. Polis yang profesional seharusnya menyiasat sebelum menangkap supaya rakyat tidak ditahan begitu sahaja.

Macam-macam dalam lokap

Selain itu, polis juga menangkap pembantu siasat sekali apabila menangkap orang yang disyaki.

Terdapat beberapa kes dalam lokap yang kami jumpai. Seorang didapati memilik dadah maka empat orang lagi teman serumah juga ditahan. Kami juga mendapati satu kes di mana seorang budak disyaki mencuri, tetapi nenek, ibu dan lima kanak-kanak lagi juga ditahan termasuk seorang yang berumur 1 tahun. Saya berasa kesian atas kejadian yang saya nampak.

Di samping itu, kedua-dua malam saya dalam lokap, kami berjumlah 20 lebih orang tidur dalam satu ruang yang kecil, dan saya terpaksa tidur dekat dengan tempat buang air kencing, mandi dan berak. Pengaliran air itu tersumpat, bau memang cukup kuat dalam lokap itu.

Polis Meminta Maaf

Sebelum kami dibebas, polis meminta maaf dengan kami, dan memberitahu mereka bukan orang yang suka menangkap orang, saya rasa kemungkinan besar mereka juga mengikut arahan atas yang sangat mengambil berat tentang kawan yang saya mahu jumpa iaitu Redzuan, Pengerusi Majlis Perwakilan Mahasiswa, dan memorandum kepada Perdana Menteri baru kami, YAB Najib yang baru berkuasa 100 hari pada 11 Julai. Seorang lagi pegawai inspektor (IO) memberitahu API (bukan Adademik Pengajian Islam) panas pada malam Ahad yang saya ditahan. Saya sempat berjumpa dengannya pada hari yang dibebas iaitu 14 Julai, tetapi dia tidak jawab soalan saya, api siapa yang panas?

*Ong Jing Cheng ditahan pada malam 12 Julai atas tuduhan “mencerobohi kawasan Universiti Malaya”. Merdeka Review

Lawyer: Anwar was not at crime scene

Opposition Leader Anwar Ibrahim’s defence lawyer argued that his client was not present at the scene where the alleged sodomy incident took place on June 26 last year.

Edmund Bon told High Court Judge Mohamad Zabidin Mohamad Diah that the notice of alibi had been tendered to the prosecution.

Bon also disclosed the Hospital Kuala Lumpur medical report, authorised by four doctors, which stated that there was no conclusive medical evidence to show that Mohd Saiful Bukhari Azlan had been sodomised.

Meanwhile, the defence demanded for the CCTV video recordings from June 25 to June 27 last year at the alleged crime scene – Desa Damansara Condominium in Kuala Lumpur – from the prosecution.

“It is not a case where we have been given everything but we are fishing for more… we want details and specifics, without these documents we are unable to conduct the defence properly,” he said.

“We have to put the defence at the earliest possible opportunity… we say it is a political conspiracy, (and the) complainant (Mohd Saiful) cannot be believed,” he added.

Bon also said that the defence has yet to be provided with the list of witnesses lined-up for the trial.

“We just want their names, we don’t even want to know where they live or work,” he added.

Moreover, he argued that Section 51 and 51 (A) of the Criminal Procedure Code (CPC) stipulated that the prosecution has to provide all materials for the defence to fully prepare for their case.

He added that the prosecution is compelled under the CPC to provide the necessary materials to the defence three weeks prior to the trial proper and not during the trial.

Bon said if the judge rejects the bid for full disclosure, the prosecution cannot bring in evidence not submitted three weeks before trial into the hearing proper.

The lawyer also attempted to push for the court to insist upon the prosecution to submit all relevant documents beforehand, or else instruct that no evidence be exhibited during the trial.

Meanwhile, another defence lawyer Amer Hamzah Arshad argued that the defence has to be provided with the chemist notes on the DNA samples.

‘Cannot find Pusrawi report’

However, Solicitor General II Yusof Zainel Abiden – who is leading the prosecution – said the defence has been supplied with all admissible documents under Section 51 of the CPC and that they only have the right to documentation of the evidence.

“You cannot ask for copies of the blood sample or hair samples,” he said.

To the defence request’s for an authorised copy of the Pusrawi Hospital medical report, Yusuf said: “The prosecution cannot find the Pusrawi report.”

He added that Mohd Saiful’s medical report is “neutral” and the prosecution is not required to provide the defence with the HKL report, but it was given nonetheless.

Prior to the hearing application for the documents and exhibits proceeded, lawyer R Sivarasa argued for the hearing to be adjourned until Anwar appoints a lead counsel of his choice to replace Sulaiman Abdullah.

Lead counsel issue

The hearing which was supposed to commence this morning was postponed to 2pm, as lead counsel Sulaiman had discharged himself from the matter, citing medical reasons.

“In light of Sulaiman’s discharge on unforeseeable circumstances, there is need for adjournment for him (Anwar) to appoint a new lead counsel,” said Sivarasa, adding that it was also a constitutional right given to Anwar to choose who shall lead in his defence

“We ask the court to treat this as a normal instance of discharge… to insist that we proceed (without a lead counsel) will jeopardise the conduct of our (defence),” he said.

Sivarasa further said there was “no compelling reason for the undue haste” and a delay in hearing of the applications will not be “prejudicial to the prosecution.”

However, Yusof, objected to the adjournment as the case was a matter a of “public interest.”

After a 10-minute stand down, the judge rejected the defence’s argument for adjournment and instructed the remaining members of the defence team to continue with the application for documents.

Tomorrow, the defence team will continue with their argument to compel the prosecution to supply a complete set of original documents, statements of witnesses, security recordings and other exhibits relating to the charge.

Speaking to reporter outside the courtroom, Anwar said he will fight the battle till the end.

“We are going to make it very difficult for them… we are going to fight at every stage,” he said.

Asked on whether he would be appointing a new lead counsel despite the court’s refusal to spare him time, Anwar said: “The system still perpetrates injustice… we need to change the system.”

S Pathmawathy, Mkini

S’gor exco, DAP leader’s offices raided while toyol’s palace got away

The Malaysian Anti-Corruption Commission (MACC) raided the offices of two Selangor Pakatan Rakyat leaders.

The duo from DAP are Seri Kembangan assemblyperson and state exco Ean Yong Hian Wah and Kampung Tunku assemblyperson Lau Weng San.

According to Ean, a six-member MACC team had raided his service centre in Seri Kembangan at around 12.30pm.

Three hours later, the team raided the Selangor DAP chief’s exco office located in the state secretariat building in Shah Alam.

The raid is related to MACC’s probe on seven Pakatan Rakyat Selangor state reps in relation to the use of state funds in their respective constituencies.

Apart from Ean and Lau, the other five are Teresa Kok (Kinrara), Hannah Yeoh (Subang), Elizabeth Wong (Bukit Lanjan), Dr Cheah Wing Yin (Damansara Utama) and Edward Lee (Bukit Gasing).

Speaking to reporters later, Ean lambasted the move, alleging that the investigation and raids were ‘politically motivated’.

No details were available on the raid at Lau’s service centre in Petaling Jaya.

Previously, the commission had recorded statements from Ean and Lau as well as Bukit Lanjan’s Wong. Mkini

‘Trespassing’ duo walk out of police station

Two Universiti Sains Malaysia (USM) students, who were detained for two days by the police for allegedly trespassing onto Universiti Malaya campus, have been released this afternoon.

Ong Jing Cheng and Yap Heng Lung, who are members of student activist group Dema (Malaysia Youth and Students Democratic Movement), spent two nights at the Pantai police station in Kuala Lumpur.

They were released at 4pm today without any charge.

The duo, who are graduate students in Penang’s USM, were stopped by a group of security officers near the Academy of Islamic Studies in UM on Sunday night.

Upon checking, they found a memorandum addressed to Prime Minister Najib Razak entitled ‘Making a street safe’, on their motorcycle.

Suspecting that they were up to mischief, the officers contacted the police. The duo were taken to the nearby Pantai police station and detained under section 447 of the Penal Code for alleged trespassing.

Section 447 carries a six-month jail sentence, a maximum fine of RM3,000, or both.

The students however claimed that they went to UM at 8pm to visit a friend.

Yesterday, the police obtained a two-day remand order from the Jalan Duta Magistrates Court to facilitate their investigations. The police had initially asked for a four-day remand period.

According to the police, that the duo had refused to give their statements and they needed time to investigate them.

Authorities slammed for power abuse

Dema has slammed the authorities for abuse of power as universities are considered “open zone for the public”.

It said that the two students were visiting a friend on campus, therefore it was unreasonable for the UM security officers to accuse them of trespassing.

“The police should have been impartial when carrying out their duties. In this case, the police were biased, detaining Ong and Yap without proper investigation,” said Dema.

It is believed that the arrest could be linked to a recent case where two UM students were charged with trespass, arson and vandalism.

Official: PAS wins by 65 votes

9.10pm: PAS top leaders along with their victorious candidate Mohd Fauzi Abdullah are at the main tally centre. Among them are Husam Musa, PAS treasurer Dr Hatta Ramli and central committee member Dr Dzulkefly Ahmad. No Umno leaders are there.

9.01pm: OFFICIAL RESULTS from the Election Commission -

PAS, 5.348; Umno 5,283, majority, 65. Margin: 0.61%

8.26pm: A grim-looking PAS candidate Mohd Fauzi Abdullah leave the party campaign headquarters for the main tally centre in Kuala Krai to claim victory. Party supporters are seen trying to cheer him up by telling him that a win by one vote is still a win.

Complete unofficial results:

PAS, 5,347; Umno, 5,283; majority, 64. Total votes: 10,722.

Election Commission has temporary stopped announcing the results from the final five ballot boxes.

8.24pm: Official results from Election Commission thus far:

PAS, 4,335; Umno, 4,299; majority, 36.

Results from five ballot boxes yet to be released. The total tally so far is from 23 ballot boxes.

8.21pm: Official results from Election Commission thus far:

PAS, 4,090; Umno, 3,985; majority, 105.

More official results to come.

8.15pm: Official results from Election Commission thus far:

PAS, 3,092; Umno, 2,747; majority, 345.

More official results to come.

8.10pm: Election Commission is releasing the official results progressively.

The tally so far: PAS, 1,962; Umno, 1,654; majority, 308.

7.59pm: According to inside sources, the final tally has PAS winning by 65 votes after recount. There will be no more recount but it is learnt that Umno is seeking another recount.

Election Commission’s official result thus far: PAS, 1,169 votes; Umno, 1,168; majority, 1.

7.59pm: According to inside sources, the final tally has PAS winning by 65 votes after recount. It is learnt that Umno is seeking for a recount.

7.55pm: UNOFFICIAL RESULTS – PAS wins by 70 votes. However, recount expected.

There is still no official announcement from the Election Commission at the main tally centre in Kuala Krai.

7.38pm: At the PAS campaign headquarters, officials are saying that the party has won by 70 votes (PAS – 5,363 votes, BN – 5,293).

Atmosphere in the HQ turn sombre.

7.35pm: Unofficial results show Umno leading in two polling stations – Manek Urai Baru dan Manek Urai Lama, while PAS is leading in Lata Rek and Chuchoh Puteri.

The other polling stations are Temalir, Sg Peria, Sg Sok, Manjor and Laloh.

There are recounts for some ballot boxes.

7.21pm: Still no announcement from the Election Commission although most of the ballot boxes are already at the main tally centre.

7.20pm: Umno Youth chief Khairy Jamaluddin tweets: Tuan Aziz Tuan Mat of BN wins by 38-vote margin.

7.15pm: At the BN operation centre, about 50 party workers appear upbeat. Some claimed that Umno has won by 200 votes while others said the margin of victory was about 30.

6.55pm: First few ballot boxes arrive at the main tally centre in Kuala Krai.

6.51pm: Hundreds of PAS supporters gather outside the party’s campaign headquarters in Manek Urai. Party volunteers distribute posters of their candidate, Mohd Fauzi Abdullah, to motorists – many them honking their cars and motorbikes in jubilation even before the results are announced.

Election Commission cars are seen going pass the campaign HQ ferrying ballox boxes to the main tally centre in Kuala Krai (about 15km away).

6.45pm: There is a carnival-like atmosphere near the main tally centre at SMK Yahya Petra as PAS supporters start to gather in anticipation of the results.

Stalls have been put up to sell food and drinks and many roads leading to town have been closed with the police redirecting the traffic.

5.50pm: Deputy Prime Minister Muhyiddin Yassin has left Manek Urai.

5.31pm: There is a bad traffic jam along the road from Manek Urai to main town of Kuala Krai. The main tally centre is in SMK Sultan Yahya Petra 1 in Kuala Krai.

5.20pm: PAS volunteers are removing all cars from the compound in front the party’s campaign headquarters, so that its supporters can gather there to wait for the result.

A big screen has been set up in front of the building, to update supporters during the vote count.

5.05pm: PAS supporters are already celebrating the victory of its candidate Mohd Fauzi Abdullah.

When the 50-year-old fish wholesaler arrived at the PAS base around

4.40pm: he was greeted by shouts of ‘Allahuakhbar’ (God is great) and mobbed by supporters.

Mohd Fauzi looked elated, indicating that victory is already in the bag.

Mohd Fauzi, the Kuala Krai PAS division treasurer, is up against Umno/Barisan Nasional candidate Tuan Aziz Tuan Mat, 39.

The nine polling stations closed at 5pm, with an 87.3 percent voter turnout recorded. Mkini

Liu challenges Wee to name exco member with ties to underworld – Ronnie, you don’t have to pretend – it’s you since after March 08.

By Neville Spykerman

SHAH ALAM, July14 — DAP’s Ronnie Liu today challenged PKR’s Wee Choo Keong to name the state executive councillor he alleges has links to the underworld.

The Wangsa Maju MP had in his blog postings on Saturday alleged “the office of a certain exco member had been and is continuing to be used as a meeting place for people connected with the ‘underground business activities’” and this was an open secret.

Liu, who is among 10 executive councillors in the Pakatan Rakyat state government, said Wee should not just cast aspersions but be “man enough” to name the executive councillor.

He further challenged Wee to name the “underworld characters” connected to the executive councillor.

“Wee should provide a full list and should not hide.”

Although Wee did not specifically name who the exco member was, but it’s been speculated by many in the media that he is training his sights on Liu.

Liu said that unlike a past MCA president, he has never been photographed in the press with any triad members.

He was referring to a scandal in 2003 when Ong Ka Ting was photographed in with Ong King Ee @Jackie Chan who headed the notorious Sio Sam Ong or Three Little Emperors triad.

When contacted earlier today, Wee repeated that he would assist police in their investigations and was evasive, when asked if he had concrete proof.

“I will disclose more at the right time.” he said, adding that it would be done via his blog.

Selangor police are now investigating his allegations.

PAS: We have won by 2,000 votes

Kelantan PAS election director Abdul Fatah Harun has claimed that the Islamic party has retained the Manek Urai state seat.

He said based on the exit polls, PAS will win with a majority of nearly 2,000.

Speaking to Malaysiakini, Abdul Fatah said the party’s election machinery had ‘collected and calculated’ the figures.

“I cannot remember the percentage of votes obtained by PAS and Umno. But we will win by 2,000 votes,” he added. Mkini

After Lim Mah Lek’s boo boo with staged show PC, here come another moronic attempt to spin the issue: Sugumaran apologised to CM- I made the statement under duress

Kampung Buah Pala residents overwhelmingly decided that their representatives would be accompanied by lawyer Darshan Singh Khaira when attending Thursday’s meeting with the Penang Chief Minister.

In announcing this on Monday night, M Sugumaran, the Kampung Buah Pala residents association chief, effectively retracted a statement made hours earlier, in which he said Darshan Singh was not the villagers’ legal representative.

Sugumaran’s about turn may not go down well with state government legislators. The DAP-dominated government has been against the presence of Darshan ever since the villagers appointed him as their legal representative earlier this month.

Apart from Darshan and Sugumaran, four other committee members – vice chairperson N Arumugam secretary Stephen J Draviam, assistant secretary C Tharmaraj Sugumaran and assistant treasurer M Pasu – will now represent the villagers at the meeting.

After a fiery one-hour meeting on Monday night, the villagers also chose three non-committee members to attend the meeting as observers. Thursday’s meeting will be held at 8pm at Chief Minister Lim Guan Eng’s office at Level 28, Komtar.

Statement made under duress

Sugumaran came under fire from the villagers for meeting Lim earlier on Monday afternoon, apparently arranged by Seri Delima assemblyperson RSN Rayer.

Sugumaran explained he went to meet Lim at Dewan Sri Pinang at 1.30pm to fix an appointment for the Chief Minister to have a heart-to-heart talk with villagers to resolve the ‘High Chaparral’ crisis.

He told the villagers that he had gone to meet Lim because he wanted to erase public notion that the villagers were arrogant enough not to meet the Chief Minister until now.

After the meeting with villagers, Sugumaran made the retraction and claimed that his earlier statement was made under duress. He said he was overwhelmed by the presence of government leaders at the brief meeting with Lim.

“I have to admit I had made the statement under pressure. I have made a mistake by saying that Darshan Singh was not the villagers’ legal counsel. Darshan Singh is the villagers’ sole lawyer,” he said.

Sugumaran has earlier given his word to Lim that the villagers would not bring their lawyer, Darshan Singh to Thursday’s meeting.

Darshan our man at all meetings

He also apparently broke a gag order imposed by the association’s committee members on themselves that “no villager should meet state government leaders without the committee’s prior consent or knowledge.”

The committee had also decided that they will always bring along their legal adviser Darshan Singh to any meeting with the state government officials.

A proposed similar meeting last Wednesday was aborted when the state government refused to allow Darshan to accompany the villagers.

Kampung Buah Pala villagers face eviction after Aug 3 to pave way for a lucrative condominium project called Oasis.

The developer Nusmetro Venture (P) Sdn Bhd issued a notice of eviction on July 2.

Kampung Buah is also fondly addressed by locals as ‘Tamil High Chaparral’ for its populace of cowherds, cattle, goats, other livestocks and lively Tamil cultural features.

It’s the last remaining Indian traditional village in the state, which many civil societies and even politicians want preserved as a state heritage.

Athi Shankar, Mkini

Manek Urai: 87.3 percent voter turnout

Voting for the Manek Urai by-election kicked off at 8am today with the two contesting candidates – both of whom are not registered voters in the state constituency – visiting polling stations in the area.

Turnout was recorded 38.3 percent or 4,706 voters as at 10, according to the Election Commission (EC).

Voter will have nine hours, until 5pm, to cast their votes in this crucial by-election. The result is expected to be known by 8pm.

Umno is fielding its Kuala Krai Youth chief Tuan Aziz Tuan Mat as its candidate, while PAS is banking on its Kuala Krai treasurer, Mohd Fauzi Abdullah.

Manek Urai has 12,293 voters of whom 99.2 percent are Malays, while the remainder are Chinese and Indians.

The result will signal whether PAS and its revered 78-year-old Kelantan Menteri Besar Nik Abdul Aziz Nik Mat are able to maintain their grip over this east coast state which the Islamic party has been in power for 19 years.

Much is at stake too for Umno and Prime Minister Najib Abdul Razak, who is hoping that a victory will help to stem the tide of Pakatan Rakyat, which has won five out of six by-elections since last year’s general election.

Nik Aziz, who arrived at the SK Perai polling station 10 minutes earlier than the party’s candidate Mohd Fauzi, had to wait for him.

On arrival at 8.10am, Mohd Fauzi kissed the hand of the menteri besar as a sign of respect as a dozen of supporters shouted “Allahuakhbar”.

Both politicians said they were confident of victory.

“I have met a large portion of the voters and I think my chances of winning this by-election is as bright as the full moon,” quipped Mohd Fauzi, who was accompanied by his wife.

Traffic jam along main road

Nik Aziz announcement yesterday of a state-wide holiday has resulted in a carnival-like atmosphere in the constituency.

Traffic congestion started the night following the announcement as many cars are seen heading here from Kuala Krai. The 27km trip from Kuala Krai to Manek Urai, which normally takes 40 to 50 minutes, took up to two hours yesterday.

Voters are casting their votes in nine polling centres – SK Temalir, SK Peria, SK Manek Urai, SK Manek Urai Baru, SK Sungai Sok, SK Chuchoh Puteri, SK Lata Rek, SK Kampung Karangan, and SMK Laloh.

EC Abdul Aziz Yusof is hoping for a 85 percent turnout as 90 percent of the voters are local rubber tappers, farmers and fishermen. According to him, there are 1,300 outstation voters while some political parties have claimed it could be as high as 2,000.

Abdul Aziz said the majority of the outstation voters were within Kelantan and from nearby Pahang and he hoped they will go home to vote.

For the first time, political parties would not be allowed to set up booths near the entrance gate to the polling centres. Mkini

MACC probes PR 7, mostly from dap

The Malaysian Anti-Corruption Commission is probing seven Pakatan Rakyat Selangor state reps in relation to the use of state funds in their respective constituencies.

Speaking at a press conference in Shah Alam, senior state exco Teresa Kok said files pertaining to the state allocation to each of the seven constituencies were confiscated by MACC from the state Land and Mineral Office two weeks ago.

“I want to ask what is our crime. As state reps, we have to provide funds to anyone that we feel is in need of help. Why are we being harassed?

“Why only seven of us? Is it because all of us are Chinese?” she asked, noting that all seven constituencies fell under the Petaling district.

The seven are Kok (Kinrara), Hannah Yeoh (Subang), Elizabeth Wong (Bukit Lanjan), Ean Yong Hian Wah (Sri Kembangan), Dr Cheah Wing Yin (Damansara Utama), Edward Lee (Bukit Gasing) and Lau Weng San (Kampung Tunku).

All state reps are allocated RM500,000 annually by the state government which can be used for community projects, welfare, infrastructure and other matters.

Surau probe

Kok said other than the seven state reps, even groups that have received the state funds are being probed and this was a form of harassment.

“In my case, I allocated RM10,000 to a surau in Puchong. Now the iman and the surau committee were interviewed for several hours two days ago. They will be interviewed again tonight,” she said.

Several of the surau committee members were also present during Kok’s press conference.

Meanwhile, Bukit Lanjan’s Wong said the organiser of a Deepavali event in her constituency was also called up by MACC for investigations.

“He felt scared. He said he did not do anything wrong and wants to know why he was being probed,” she said.

Wong alleged that MACC’s ongoing probe was a scare tactic and abuse of power. She said she would be complaining to MACC advisory board chair Haniff Omar soon.

She lamented that MACC had yet to act on Pakatan’s complaint that the previous Barisan Nasional state reps had spent all the funds within the first two months of last year before losing control of Selangor.

“We complained, but no action has been taken and now they are probing us. They need to explain why,” she said.

Khir sues Lau

In another development, Kampung Tunku’s Lau said he would not apologise or retract an article in his blog which carried his emergency motion to discuss Selangor opposition leader Dr Mohd Khir Toyo’s lavish mansion.

Lau said when he received the RM20 million letter of demand on Saturday, the 48-hour deadline specified in the letter had already lapsed.

He posted the contents of his emergency motion on Thursday, after it was rejected by speaker Teng Chang Khim.

Earlier today, Khir told reporters that he took legal action against Lau to clear his name and was less concerned about the money.

“If I get the RM20 million, I will take you all on a holiday. It is not about the money. I want to clear my name,” he said.

Khir’s mansion in Section 7 Shah Alam is the subject of controversy as he has been accused of owning a home way beyond his means.

Andrew Ong, Mkini

ntv7 host ‘reassigned’ over jibby’s bad scorecard

All her guest did was to give premier Najib Abdul Razak a ‘C’ or ‘D’ rating for his first 100 days in office.

It was enough to see ntv7 talk-show host Florence Looi being issued a warning letter and an immediate transfer to the news desk of the private television station.

Looi, who hosts the popular ‘Point of View’ current affairs programme, was said to have ‘breached editorial policy’, according to ntv7 sources.

The two guests on the talk-show, aired on July 5, were author Syed Akhbar Ali and consulting editor Leslie Lau of news portal Malaysian Insider. It was the latter’s remarks that landed Looi in trouble.

The sources said she was verbally told that she should not have asked her guests to rate Najib’s performance. As Looi is the host-cum-producer of the programme, she was the only one who received the warning letter.

Looi, who is assistant assignment editor, has since been reassigned to cover news, ostensibly because of a shortage of human resources at the news desk

This incident might well seal the fate of ‘Point of View’, which has just concluded its second season. There has been no announcement yet as to whether there will be a third season.

However, the sources believe that, even if the programme is continued, a new host will be appointed.

Looi refused comment when contacted, while efforts to reach the management were futile.

Ntv7 is one of the four free-to-air private TV stations belonging to media giant Media Prima Bhd which is closely linked to Umno. The other three stations are TV3, 8TV and tv9.

Media Prima has also spiked news about the mansion that former Selangor menteri besar Dr Mohd Khir Toyo is building in Shah Alam. The blanket ban was applied after the ntv7 Chinese news slot at 5.30pm aired the bulletin.

‘Only an opinion’

Centre for Independent Journalism executive director V.Gayathry took ntv7 to task for practising self-censorship.

“The comment by the guest on the performance rating is not anything critical, but just an opinion,” she said.

She said that Looi was punished for asking an important question at a time when everyone else was evaluating Najib’s performance.

“The show has provided a lot of space of good discussion (and Looi has been doing a good job),” she noted.

Gayathry recalled that, when Najib took office, Media Prima had issued orders to the four television stations not to name political analyst Abdul Razak Baginda when reporting the Altantuya Shaariibuu murder case. Razak is Najib’s confidante.

”We would like to ask if it is Najib’s policy to put people in the TV station to practise censorship,” Gayathri added.

‘Point of View’ has been broadcast at 6pm on Sundays. Guests are invited from either side of the divide on such hot topics such as the Internal Security Act, language-switch policy, vernacular education, police accountability and the recent PKFZ scandal.

Since Najib assumed power, top media personnel aligned to former premier Abdullah Ahmad Badawi have been replaced.

Those who had served during the tenure of Dr Mahathir Mohamad have made a return, leading to the perception that there is a return to a more restrictive media environment.

Former New Straits Times group editor Ahmad Talib is now Executive Director, News and Editorial Operations, at Media Prima, as well as the Executive Director (Editorial) of New Straits Times Press.

Former Berita Harian Sdn Bhd group editor Manja Ismail is Media Prima news and current affairs editor, assisting Ahmad.

Ng Ling Fong & Yong Kai Ping, Mkini

USM duo detained for trespassing on UM campus

Two members of Dema (Malaysia Youth & Students Democratic Movement) were detained overnight at the police station for allegedly trespassing onto the University of Malaya campus.

Ong Jing Cheng and Yap Heng Lung, both USM graduate students, were stopped by a group of security officers near the Academy of Islamic Studies.

Upon making a spot-check, they found a memorandum addressed to Prime Minister Najib Razak titled: ‘Making a street safe’, on their motorcycle.

Suspecting that they were up to mischief, the officers contacted the police. The duo were the brought to the nearby Pantai police station and detained under Section 447 of the penal code.

Section 447 carries a six-month jail sentence, a maximum fine of RM3,000, or both

Ong, secretary of administration and Yap, coordinator of the student politics department of Dema, claimed that they went to UM at 8pm yesterday to visit a friend.

This morning police obtained a two-day remand order from the Jalan Duta Magistrates Court to facilitate investigations.

Refused access to counsel

Ong and Yap’s legal counsel Mohd Radzlan Jalarudin said that police applied for a four-day order, but the judge granted them only two.

According to Radzlan, the police claimed that they had no time to get statements from Ong and Yap after they were arrested.

However, he said, the police claimed in court today that the two were not cooperative and had refused to give their statements.

Radzlan refuted the police’s claims, saying that Ong and Yap insisted on their lawyers being present before giving their statements.

“This is their basic right, and they were not being uncooperative,” said Radzlan.

He claimed police also refused to allow Ong and Yap to meet with their lawyers.

The duo are expected to be released from detention on July 15, provided the police did not apply for another extention.

Abuse of power

Dema released a statement on its website, criticising the authorities for abuse of power, as universities are “opened zone for public to enter”.

The statement said the two students entered UM to visit a friend, therefore it was unreasonable for UM security officers to accuse them of trespassing.

“The police should have been impartial when carrying out their duties. In this case, the police were biased, detaining Ong and Yap without proper investigation,” said Dema.

Dema’s secretary of national affairs, Lee Song Yong, said that the arrest of Ong and Yap maybe a knee-jerk reaction to a recent case where two UM students were charged with trespass, arson and vandalism.

Wong Pheak Zern, Mkini

… He needs to see a shrink

Selangor state legislative assembly Speaker Teng Chang Khim has defended his decision to suspend opposition leader Dr Mohd Khir Toyo.

He also said the former menteri besar should see a psychiatrist for indulging in too many conspiracy theories.

Teng – who was opposition leader under Khir’s reign – said he gave the latter the choice of retracting the remark or be slapped with marching orders.

“I gave him a chance to retract or leave. He was stubborn and did not want to admit his mistake,” he told reporters.

Earlier today, Sekinchan DAP rep Ng Suee Lim sought a clarification from Teng on whether it was appropriate for Khir to issue him a legal letter within the compounds of the House.

Khir admitted the incident did take place and Teng ruled that it was inappropriate and ticked off the opposition leader.

This sparked off a war of words between the two over the limits of the House compound, resulting in Khir accusing Teng of being biased.

Khir was suspended after ignoring repeated instructions by Teng to retract the remark.

‘Pantang’ accusation

Teng told reporters that he had invoked Standing Orders 88 to reprimand Khir and reminded him not to repeat the matter again, because it was akin to contempt of the House.

To justify his decision, Teng quoted a passage from the Eskrine May Parliamentary Practices (23rd Ed), page 142, which reads: “Serving or executing civil or criminal process within the precinct of either house while the house is sitting, without obtaining the leave of the house is a contempt.”

Teng said there was no question of bias because Ng had raised the issue on Friday, but he had refused to entertain the matter because Khir was not present then.

“If I was biased, I would have taken action on Friday. I wanted to ask (Khir) if it was true, and today he admitted,” he said, adding that his ‘reminder’ to Khir was based on the latter’s answer.

“The speaker is like a judge. He is pantang (offended) when accused of being biased. I can be accused of making wrong interpretation (of the rules) or forgoing process,” he said.

Teng believed that Khir was trying to create the impression that Pakatan Rakyat was victimising him, to divert attention from the controversies which the former menteri besar faces.

“He always alleged that we take revenge on him, when he himself commits so many offences, including this morning. When Ng talked about his palatial mansion, he calls it revenge.

“I think he is thinking (too much of) conspiracy theories. He needs a psychiatrist. Please quote me (on that),” he said.

Ng: Khir lied about carpark

On Khir’s allegations outside the House that his lawyers had served Ng the letter at the adjacent carpark, Teng said he was unaware of this because Khir did not say so in the House.

According to Teng, the speaker is empowered to issue suspensions of up to five days.

At a separate press conference, Ng denied that the letter was served at the carpark as claimed by Khir.

Instead, Ng said the letter was served at the annexe building which houses offices and the state reps’ dining hall and this was witnessed by Kota Alam Shah state rep M Manoharan.

“How can this menteri besar for eight years tell such a blatant lie?” he asked.

Ng was served a letter of demand claiming millions in compensation over his accusations relating to Khir’s new lavish mansion in Shah Alam.

Andrew Ong, Mkini

Kelantan gov’t declares public holiday

Kelantan has declared tomorrow a public holiday for all civil servants in the state in view of the Manek Urai by-election.

According to Bernama, Menteri Besar Nik Abdul Aziz Nik Mat said the move was in the interest of the people.

Taking a line similar to Prime Minister Najib Abdul Razak’s 1Malaysia slogan, the PAS spiritual leader said: “In the spirit of democracy, we must give priority to the people, and importance to performance.”

Asked whether the move would be a loss to employers in terms of paid salary and production at the manufacturing plants, he said employers must not just think of profit.

“This (declaring polling day public holiday) is not new as the Penang government had also done it for the Permatang Pauh by-election.

“I don’t know why the Election Commission chose a working day for polling day, and not a weekend holiday or school holiday,” he said and urged voters to come out and vote as “it is a responsibility”.

Muhyiddin: Unusual move

Deputy Prime Minister Muhyiddin Yassin said it was “unusual” for the state to declare a holiday for the by-election.

“(It would be) convenient for outstation voters to vote. It (the decision) is a bit unusual although the state government has the right to do so,” he said.

Tomorrow’s contest is a straight fight between Barisan Nasional candidate Tuan Aziz Tuan Mat, 39 and PAS’ Mohd Fauzi Abdullah, 50.

The seat fell vacant following the death of PAS assemblyperson Ismail Yaakob on May 22. Mkini

Who does he think he is, King Solomon?

While the campaign for the Manek Urai by-election in Kelantan enters its final phase, the fiery orator continues to do what he does best – setting the stage on fire.

Last night’s ceramah in Kampung Sungai Peria was no exception.

This time around, Opposition Leader Anwar Ibrahim trained his guns on Deputy Prime Minister Muhyiddin Yassin and his offer to build a bridge.

The Umno number two had said that if Barisan Nasional wins tomorrow’s by-election, it would build a bridge to link Manek Urai Lama with Manek Urai Baru, the very next day.

Anwar however is of the opinion that the bridge should extend to the Malaysian Anti-Corruption Commission’s office, and called on the watchdog to spring into action on this matter.

“Who does Muhyiddin think he is? Is he King Solomon? Making claims and promises that he will build the bridge next day,” he said.

“This is Umno and BN, they are stupid to make such promises. He (Muhyiddin) is not qualified to say that a bridge can be built immediately.

“Let us send a clear message and reject Umno and BN in this by-election,” he told some 5,000 people who attended the talk.

Also present was Kelantan Menteri Besar and PAS spiritual leader Nik Abdul Aziz Nik Mat, and DAP national adviser Lim Kit Siang.

‘Parliament will tremble’

Anwar also praised Nik Aziz as an efficient and responsible leader, who managed to reduce the state’s debt with the federal government.

“In fact, I can verify that Kelantan’s debt is one of the lowest, compared to other states. This is due to the prudent measures adopted by Nik Aziz who consistently paid what they owed.

“Unlike Muhyiddin when he was Johor menteri besar. That state still owes a large sum of money to the federal government and they have not been making their payments as regular as Kelantan,” he said.

Anwar also said that Pakatan Rakyat MPs are united in raising the Kelantan oil royalty issue during the next Dewan Rakyat sitting.

“We would demand Prime Minister Najib Abdul Razak who is also the finance minister to explain in the House. We in Pakatan have agreed not to let Najib off the hook.

“If they (the federal government) refuse to answer, we would make Parliament tremble,” he thundered.

On June 17, the Kelantan government placed its claim of RM1 billion in royalty from the federal government for oil extracted 150 miles off Kota Bharu shores.

Last week, its senior exco member Husam Musa claimed that the Kelantan government possessed valid documents to back its claim.

‘Send Najib a clear message’

Meanwhile, DAP’s Lim said Manek Urai voters must send a clear message to Najib in conjunction with his 100th day in office by rejecting Umno and BN.

The veteran politician said the mainstream media has given the premier a glowing report card, including a survey of 1,700 Malaysians of various races.

“I strongly believe (the approval for Najib) is a distorted truth.

“I ask the voters in Manek Urai to send a clear message to Najib and all Malaysians. Let this be an impetus for Pakatan to win the 13th general election with Anwar as prime minister,” he said.

Following a string of by-election defeats under Najib’s reign, the DAP stalwart said BN and Umno is desperate to win in Manek Urai to show that they have not lost Malay support.

Accusing the ruling coalition of being involved in corrupt practices, Lim cited the RM12.5 billion Port Klang Free Zone controversy as an example.

Each voter in Manek Urai could have received RM10 million or 10 more schools could have been built for that amount, he said.

Tomorrow’s by-election is a straight fight between Umno and PAS.

PAS has placed its Kuala Krai Youth chief Tuan Aziz Tuan Mat as its candidate, while PAS is banking on its Kuala Krai treasurer Mohd Fauzi Abdullah.

The seat fell vacant following the death of PAS’ Ismail Yaacob, a five term assemblyperson on May 22.

Manek Urai has 12,293 voters of whom 99.2 percent are Malays, while the remainder are Chinese and Indians.

Hafiz Yatim, Mkini

Release Ong Jing Cheng and Yap Heng Lung Immediately!

Ong Jing Cheng, (a graduate student from USM, also Secretary of Administration of DEMA and coordinator of EMPOWER) together with Yap Heng Lung (fresh graduate student from USM and Coordinator of Student Politics Department of DEMA) were charged under Penal Code 447 for trespassing University Malaya (UM). Both of them were detained overnight at Pantai Police Station and is believed to be remanded the next day.

We call for immediate release of Ong and Yap because:

1. 1. Both of them were only meeting friends at UM without any other motive or intention.
2. 2. Local universities are public places, not security zone. Public should be welcomed to enter and utilize the facilities in the university.
3. 3. Police is an executive force and they should be accountable and independent. In this case, the police worked in coop with the UM security officers and there was an obvious bias in handling the case by rejecting the request from Ong and Yap to lodge a police report against the security officers.

Background of the Incident

Chronology

Time	Incident
12/7/09 (Sunday)8.00pm	Ong Jing Cheng and Yap Heng Lung (two DEMA activists and graduate students from USM) went to University Malaya (UM) to meet their friend at Academy of Islamic Studies (API). Unfortunately their motorcycle broke down before they reach. So they had to walk to their meeting place. Three UM security guards stopped them and asked their reasons to be there as according to the guards, API is a “Malay place” and therefore Chinese should not be there.
8.15pm	The security guards contacted another seven officers to come and surrounded Ong and Yap. Ong and Yap were forced to follow the officers back to the security department for trespassing UM. When Ong and Yap refused to follow the instruction, the officers called the police. Police came and brought both Ong and Yap to Pantai Police Station.
8.35pm	Ong and Yap reached the police station. Police accepted the report from the UM security officers, accusing Ong and Yap as trespassers in UM. Also, the police found a memorandum of EMPOWER issued to Prime Minister on “Making a Street Safe” on their motorcycle and suspected that they were trying to protest. (*Ong Jing Cheng is a coordinator of EMPOWER-Persatuan Kesedaran Komuniti Selangor) Police rejected the request of Ong and Yap to lodge a report on the security guards who harassed them without reasonable excuse.
11.00pm	Both Ong and Yap were detained overnight by the police and were charged under Penal Code 447.

Abuse of Power

Public Universities are opened zone for public to enter. Security officers of UM should not be intimidating Ong and Yap for trespassing UM because both of them were only visiting a friend at UM. The accuse was not standing on a reasonable ground as the officers claimed that Academy of Islamic Studies (API) is a place for Malay race and any Chinese presented at the venue will be suspected. The responsibility of security officers is to help maintain the order of UM, not abusing one’s power to find fault on targeted people without concrete basis.

The police, on the other hand, should play a role as an independent force to execute the law. In this case, the police was bias towards the UM security officers by only accepting their reports, detaining Ong and Yap without proper investigation.

Demands

Hence, DEMA calls upon the police to release Ong Jing Cheng and Yap Heng Lung and withdraw all charges immediately. DEMA also urges UM authority to take action against the security officers who were not professional and intimidating Ong and Yap without reasonable basis.

What Can You Do?

1. Fax the sample letter below to Bukit Aman Police Headquarter:

Fax number: 0-322739602

1. Call Pantai Police Station to ask about the case and demand immediate release of Ong and Yap:

Tel: 03-22822222 or 03-22824786

Released by,

Malaysia Youth and Student Democratic Movement (DEMA)

Lee Song Yong (Secretary of National Affair)

012-6359440

xiumengdema@gmail.com

Sample Letter

Please state your concern and protest and faxing the letter to Bukit Aman Police Headquarter and CC to Vice Chancellor of University Malaya (UM) and Ministry of Higher Education.

To:

Tan Sri Musa Hassan

Inspector-General of Police

Ibu Pejabat Polis Diraja Malaysia

Bukit Aman

50560 Kuala Lumpur.

Release Ong Jing Cheng and Yap Heng Lung Immediately!

We/I from ______________________, oppose the action of the police officers in detaining Ong Jing Cheng and Yap Heng Lung without reasonable basis.

2. We call for immediate release of Ong and Yap because:

i. Both of them were only meeting friends at UM without any other motive or intention.

ii. Local universities are public places, not security zone. Public should be welcomed to enter and utilize the facilities in the university.

iii. Police is an executive force and they should be accountable and independent. In this case, the police worked in coop with the UM security officers and there was an obvious bias in handling the case by rejecting the request from Ong and Yap to lodge a police report against the security officers.

3. Public Universities are opened zone for public to enter. Security officers of UM should not be intimidating Ong and Yap for trespassing UM because both of them were only visiting a friend at UM. The accuse was not standing on a reasonable ground as the officers claimed that Academy of Islamic Studies (API) is a place for Malay race and any Chinese presented at the venue are to be suspected. The responsibility of security officers is to help maintain the order of UM, not abusing one’s power to find fault on targeted people without concrete basis. This will continue to create fear among the students.

4. The police, on the other hand, should play a role as an independent force to execute the law. In this case, the police was bias towards the UM security officers by only accepting their reports, detaining Ong and Yap without proper investigation.

5. We urge the authority to:

i. Release Ong Jing Cheng and Yap Heng Lung immediately.

ii. Withdraw all charges on Ong and Yap.

iii. Take action on security officers of UM who were not professional.

Yours faithfully,

______________

(                           )

CC:

Ghauth Jasmon,
Vice-Chancellor
University of Malaya
50603 Kuala Lumpur
MALAYSIA
Tel. No : +603 7967 3213 / 3510 / +603 7956 8400
Fax No.: +603 7955 2975
Email: vc@um.edu.my / ghauth@gmail.com

Y.B. DATO’ SERI MOHAMED KHALED BIN NORDIN

Menteri Pengajian Tinggi,
Kementerian Pengajian Tinggi,
Aras 7, Blok E3, Parcel E,
Pusat Pentadbiran Kerajaan Persekutuan,
62505 PUTRAJAYA.

Tel       : +603-8883 5010

Faks     : +603-8889 1952

Emel    : menteri@mohe.gov.my

Part 2 – Inane judges in zambry v Nizar case: Postscript – Zainun Ali JCA’s judgment

Postscript

On Tuesday, July 7, 2009 I posted an article under the above title on the web with various news portals and here. At that time I only had the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment of Zainun Ali JCA. Below is my critique of the written judgment of Zainun Ali JCA.

The points that really matter

As I have said it before in the first part of this article, there are only two points that really matter in the appeal of the case in question. They involve the reading of two clauses in Article 16 of the Perak Constitution and an understanding of what the clauses mean. A very experienced judge, the late Lord Justice Salmon in a talk which he gave to young members of the English Bar, Some Thoughts on the Traditions of the English Bar, said:

… remember this, in few cases, however complex, is there usually more than one point that matters. Very seldom are there more than two and never, well hardly ever, more than three. Discover the points that really matter. Stick to them and discard the rest.

Actually, Salmon LJ was revealing to budding advocates the mind of a judge. The young advocates are informed, before they embark on their career, that a judge makes his decision by discovering the point that really matters or, exceptionally, the points that really matter. This revelation should place aspiring advocates on the right direction to becoming good advocates.

If a judge misses the point or points altogether, the whole decision becomes nothing but gobbledegook if it is unintelligible or a regurgitation of a lot of information on the facts and the law without understanding them. A decision which does not decide on any point that really matters is not a judgment at all. A decision which misses the point altogether is merely the extraneous ranting of an incompetent judge. At best, the legal principles described in the decision may be described as nothing more than obiter dictum or dicta; but if it is just to repeat known law (which is unconnected to any point in issue) as was done here in most of the judgment of Zainun Ali JCA, it is not even dicta. In truth, such a decision is useless because it cannot be cited as an authority as it is only regurgitating what is already known. But a decision that misses the point or points altogether is no authority on the issue or issues before the court. Because the decision did not decide on the issues or points that matter, such a decision is at best merely obiter dicta (the Latin phrase means “incidental”).

Professor Andrew Harding in his essay, Crises of Confidence and Perak’s Constitutional Impasse, gave an illustration of such a situation in Amir Kahar (Sabah, 1995) which the High Court judge in the present case had distinguished. This is what Professor Harding wrote:

Amir Kahar, [the High Court judge] said, was correct on its facts but did not raise the issue in question as the Chief Minister of Sabah in that case had in fact resigned and the only issue was as to the effect of his resignation with regard to the rest of the Cabinet; accordingly the court’s views in that case on the issue of confidence were merely obiter dicta (incidental).

If a judgment decides on the points that really matter, the judgment which decides on those points is described as the ratio decidendi of the decision (this Latin phrase means “the reason for a decision”).

The incidental part of a judgment which does not form the reason for the decision (the ratio of the judgment) is an obiter dictum (plural obiter dicta). This Latin phrase means “incidental”. An obiter dictum is never cited as an authority for the proposition it states, although an intellectually dishonest judge would treat it as such, in the hope that the reader would take his word for it and not read the whole judgment that he has referred to in support of his proposition. Sometimes an obiter dictum has much persuasive value depending on the standing of the judge. Such obiter dictum may sometimes be adopted by a judge as his judgment in an appropriate case. Only the ratio decidendi of a judgment can be used as authority for the proposition that it states. But the remarks which are incidental to the decision are obiter.

Let us now expose the fallacy of the judgment of Zainun Ali JCA

The judgment is 115 pages long – it is like using a blunderbuss to shoot at a target, scattering shots in all directions, and not hitting it. It is the longest of the three. Most of it has nothing to do with the two points that really matter in this appeal which we know are Clause (2)(a) and Clause (6) of Article 16 of the Laws of the Constitution of Perak. And when she does come to the two points that are the real issues in the appeal she misses the points altogether by giving a wrong reason for them.

Here at p. 12 is an example of irrelevant writing. This is what she wrote, p. 12:

Inclined as is the Federal Constitution towards the Westminster structure, it has its own peculiarities. The Westminster model is not to be found in one document, but could be seen in bits and pieces in the Magna Carta, the Bill of Rights, the Act of Settlement and a series of Parliament Acts. Conversely, the Federal Constitution however is embodied in one document and gathers unto itself various sources of law some of which are implicit. The unique presence of the written law, shot through with informal and unwritten sources in the form of conventions, prerogatives, discretionary and residual powers as such, help ensure the continuation of constitutionalism and the rule of law. Thus the sources of law in our Constitution are several. Article 160(1) of the Federal Constitution says it all. “Law includes written law, the common law, insofar as it is in operation in the Federation or any part thereof and any custom or usage having the force of law in the Federation or any part thereof”.

I think I should stop here. Enough is enough. I don’t think we, neither the reading public nor myself, can stomach any more balderdash. You can pretend to be erudite by regurgitating unconnected material of facts and jumble them up. You can even misread the history of England like not knowing the different period in history between the feudalism of the barons and a despotic king in Magna Carta and the Act of Settlement which came about after King James II fled the realm and the ascension of William and Mary to the throne of England. Unless you can connect the leap from thirteenth century England to the Act of Settlement in 1701 some four hundred years later, then everything that is said is nothing more than pretended erudition.

What is the Magna Carta?

I shall start with Magna Carta since she mentions it first. In order to understand the significance of Magna Carta in English history, it is necessary to know the difference between feudalism and despotism. The Charter marked the first step in the resistance by the barons to the despotism of King John in the thirteenth century. As Trevelyan wrote in his History of England, illustrated edition, p. 199:

For feudalism is the opposite of despotism… The barons and knights were protected from the king by feudal law and custom. When [the King] claimed service, aids or reliefs on a scale larger than the custom allowed, they resisted him on point of feudal law.

Trevelyan tells us:

The resistance to royal despotism in the thirteenth century was successful because the feudal class, unlike the squires of later times, was still to some extent a warrior class… they all had chain-armour and war-horses, some had gone on the Crusades, and many lived in a state of chronic skirmishing with their Welsh and Scottish neighbours. That is why the barons of Magna Carta… were able to put up a fight against the King.

I shall now let Lord Denning take up the story in The Family Story, Butterworth, 1981, p. 229:

On May 5, 1215, many of the Barons openly rebelled against the King. They renounced their fealty [loyalty in feudal times] to him. … On May 12 he [King John] ordered their estates to be seized. But the Barons marched towards London which, on May 17, opened its gates to them. This was decisive. The Barons, with the support of London, had the whip-hand. John had to sue for peace. … At length a truce was arranged from June 10 to June 15.

The first meeting at Runnymeade was on June 10, 1215. There were present King John, the Archbishop Stephen Langton, and some baronial envoys. At this meeting the Barons presented their demands and the King submitted to them.

At p. 230:

On June 15 the truce was due to expire. On that day the parties assembled in great numbers at Runnymede and agreement was reached on all points. The King and those present all solenmly swore to abide by the agreement. This day was regarded as so important that, when the Charter was afterwards drawn up, it was given the date, June 15.

At the bottom of p. 230 and at p. 231:

The peace did not last long. In a couple of months the parties were again at war. The King looked for aid to Rome. … August 24, 1215, Pope Innocent III purported to annul the Charter. … he excommunicated the English Barons. … But John’s death on October 12, 1216, at Newark Castle, altered everything. Early in the reign of the young King Henry III the Great Charter was confirmed by his regents. In the years 1225 it was re-issued by the King himself under the Great Seal. Magna Carter then took its final form, word for word, as it stands today as the earliest enactment on the Statute Rolls of England.

The Great Charter dealt with grievances of the time in a practical way. It gave legal redress for the wrongs of a feudal age. But it was expressed in language which has had its impact on future generations. It put into words the spirit of individual liberty which has influenced our people ever since.

…

We find set down in the thirty-ninth clause the guarantee of freedom under the law [all the clauses of the Magna Carta were in Latin; the translation is by Lord Denning]: (No free man shall be taken, imprisoned, disseized [deprived of feudal interest in land], outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land).

Immediately following, in the fortieth clause, is the guarantee of the impartial administration of justice [in Latin; Lord Denning gives the translation] (To no one will we sell, to no one will we deny or delay right or justice).

At pp. 231, 232:

The constitutional significance of Magna Carta is immense. It was thus measured by Bryce: “The Charter of 1215 was the starting point of the constitutional history of the English race, the first link in a long chain of constitutional instruments which have moulded men’s minds and held together free governments not only in England, but whenever the English race has gone and the English tongue is spoken”. When the colonists crossed the seas from England to countries the world over, they took with them the principles set down in the Charter. Those who went to Virginia took its very words. When they renounced their allegiance in 1776, they stated in their Declaration of Rights that “no man be deprived of his liberty, except by the law of the land or the judgment of his peers”. Thence the provisions of the Charter found their place in the Constitution of the United States. There it is revered as much as here.

The Bill of Rights 1688 and the Act of Settlement 1701

For this Lord Denning has put it succinctly in The Family Story, pp. 192, 193:

No member of the government, no member of Parliament, and no official of any government department, has any right whatever to direct or to influence or to interfere with the decisions of any of the judges. It is the sure knowledge of this that gives the people their confidence in the judges. … The critical test which they must pass if they are to receive the confidence of the people is that they must be independent of the executive.

Why do the English people feel so strongly about this? It is because it is born in them. We know in our bones that it will not do for us to allow the executive to have any control over the judges: and we know it because our forefathers learnt it in their struggles with the kings of England – the kings who in the old days exercised the supreme executive power in the land. Ever since the Act of Settlement in 1701 it has been part of our constitution that a judge of the High Court cannot be removed except for misconduct. … Secure from any fear of removal, the judges of England do their duty fearlessly, holding the scales even, not only between man and man, but also between man and the State. Every judge on his appointment takes an oath that he “will do justice to all manner of people according to the laws and customs of England, without fear or favour, affection or ill will”. Never since 1701 has any judge failed to keep that oath.

…

The Houses of Parliament enjoy certain privileges. One of them is freedom of speech. Erskine May says: “What is said or done within the walls of Parliament cannot be enquired into in a court of law”. The Bill of Rights 1688, art. 9, s. 1, says:

“That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.”

Now you know why I think she does not understand what she is saying. If she does understand what she wrote then she would not have decided the instant appeal in the way she did at the conclusion of her overlong judgment.

But what has all this got to do with the two clauses in Article 16?

But the most important point of all, after 114 pages of mumbo-jumbo that she wrote, is this: what has all this got to do with the two clauses of Article 16 of the Laws of the Constitution of Perak?

The United Kingdom does not have a written Constitution and in order to understand it fully one should be well acquainted with the history of England. Whereas Malaya and later Malaysia has a written Constitution which may be changed by a two-thirds majority in Parliament. But, here in this appeal the lady judge is, and should be dealing with, the two points that really matter which are the two clauses of Article 16 of the Perak Constitution.

After having said that, I shall go straight to the points at issue. How did she answer them? It took her 114 pages of circuitous writing before she finally came to the wrong conclusion that “His Royal Highness had … rightly exercised his constitutional powers as provided for and under the Perak State Constitution solely for the best interests of his subjects”.

I am stunned by her naivety. I am at a loss for words.

We all know that there is no provision in the Constitution of Perak which provides constitutional powers to the Sultan to act “solely for the best interests of his subjects”. For this judge to say that there is such a power when there is no provision in the Constitution of Perak for the Ruler to have such power is to mislead the uninformed public. A judge who misleads cannot be trusted. She has disgraced herself on the seat of justice.

Professor Andrew Harding took up 4 pages and Professor Kevin Tan 5 pages to come to the correct conclusion. Sometimes I wonder where these recalcitrant judges read law. I have a theory. One way is to memorise all the lecture notes – when I was a student in London I heard that many of our students memorized the notes supplied by Gibson and Weldon and passed their examinations. They forget that LAW is a reading subject. Ever heard of the expression, we joined a university or the Inns of Court to read law? You study mathematics or science but you read law.

After meandering for 114 pages she concluded, p. 114:

Thus I share the view expressed by my learned brothers Raus Sharif JCA and Ahmad Maarop JCA that in the context of this appeal, His Royal Highness had in the critical situation rightly exercised his constitutional powers as provided for under the Perak State Constitution solely for the best interests of his subjects. This decision being unanimous, the orders are as comprehensively set out in the judgment of my learned brother Raus Sharif JCA.

What I have said in my severe critique of Raus Sharif and Ahmad Maarop JJCA in the first part of this article applies, mutatis mutandis (allowing for the appropriate changes), to Zainun Ali JCA. Need I say more.

I am as much disgusted as most of you are of judges of such inane quality. In the present context, “learned” is a funny word. I know some of you may say that the word is only a title applied in referring to a member of the legal profession. It has no meaning. I hope so, otherwise it will mislead the public further.

Loyar Burok

Nothing fishy in supporting PAS’ Mohd Fauzi

The Kelantanese Fishmongers and Wholesalers Association today threw their net of support for their fellow tradesmen Mohd Fauzi Abdullah from PAS.

Some 200 of them organised a gathering at the Kampung Laloh wet market where they declared their solidarity for Mohd Fauzi, a well-known local fish wholesaler.

And it was not just the support in the form of votes that they threw in for Mohd Fauzi, they also promised to deliver 40 containers of fish for PAS workers in all nine electoral districts tomorrow.

The camaraderie shown by the association to Mohd Fauzi was not only prompted by his trade but also by a remark made by Deputy Prime Minister Muhyiddin Yassin which belittled their profession.

The anger of the association members over Muhyiddin’s statement was apparent at the gathering.

On Wednesday, Muhyiddin had allegedly said that Mohd Fauzi was just a fishmonger, giving the connotation that the PAS candidate was lower in standing compared to Umno’s Tuan Aziz Tuan Mat who is an engineer by profession.

Present at the gathering today was the association’s chairperson Tarmizi Salleh and secretary Zulkifli Bidin.

Also present was Kelantan Menteri Besar Nik Aziz Nik Mat, state senior exco member Husam Musa, Kuala Kerai MP Dr Hatta Ramli and Mohd Fauzi.

They stoop too low

Nik Aziz took the opportunity at the gathering to hit out at Muhyiddin for his disparaging remarks against the PAS candidate and the fish wholesalers.

“Don’t any of you (Umno ministers) eat fish or do you catch it yourself,” he asked.

The PAS spiritual leader also lambasted Umno leaders for resorting to such personal attacks.

“If Prophet Mohammad was here, they may even resort to degenerate him as he was a shepherd.

“Isn’t it better to be a fishmonger and earn a halal income rather than having someone who earns a living through corrupt practise?” asked Nik Aziz.

He also praised Mohd Fauzi for being a successful entrepreneur who earned a decent living by clean means.

“The PAS candidate is a successful entrepreneur and he has deep religious fundamentals and morals and that is the reason why we picked him,” he said.

Muhyiddin denies belittling

Meanwhile Tarmizi said the association was proud that the PAS government has decided to put Mohd Fauzi as the candidate as “it has helped uplift our profession”.

“There is nothing wrong by becoming a fishmonger or wholesaler. Furthermore I have known Abe Uji (Mohd Fauzi) and he is truly an honest and decent person. He will make a good candidate and elected representative,” he said.

Mohd Fauzi was overwhelmed by emotions when he was asked to address the crowd. He thanked the association’s support and pledged to provide good service to the people if elected.

Muhyiddin has denied belittling the fishmongers and wholesalers profession and insisted that he respected those involved in these trades.

“When did I belittle them? As an agricultural minister previously, I have taken care of them,” he said yesterday.

“(At the ceramah), I only said our candidate is not a fishmonger. That’s all. We did not belittle their candidate, we respect him,” he added.

Hafiz Yatim, Mkini

PAS plans big surprise for BN

PAS has more surprises in store as the party enters the last rounds of the Manek Urai by-elections.

The pledge was delivered by PAS election machinery advisor Abdul Fatah Haron.

Today marks the halfway mark of the election campaign with four days to polling day, and Abdul Fatah said the party is determined to retain its hold on the seat.

Giving away very little about the surprises, he allowed a peep into the PAS election strategy.

“People speculated that deputy president Nasharuddin Mat Isa would not come. Similarly, there were rumours a that PAS president Abdul Hadi Awang’s posters were not put up.”

Fence-sitters to be swayed

“However, as you may see Nasharuddin will be coming in the next one or two days. The same with Abdul Hadi, his posters have also been put-up,” he told a press conference at the PAS operations room.

PAS is facing a straight fight with Umno/BN in this Manek Urai by-election. Umno’s candidate former South Kelantan Development manager Tuan Aziz Tuan Mat is facing off fish wholsaler Mohd Fauzi Abdullah of PAS.

The seat fell vacant with the sudden death of five-term assemblyperson Ismail Yaacob on May 22. Polling day has been set for Tuesday, July 14.

Abdul Fatah on commenting the support for Mohd Fauzi said the party has already touched base with 70 per cent of the electorate.

He was confident that the constituents, including fence sitters, will return PAS.-Sugu

He also dismissed Umno Youth chief Khairy Jamaluddin’s remark that there is the possibility of the Manek Urai youth vote going to the BN as they were upset with the failure of the PAS-UMNO unity talk.

“He is just making empty claims without much facts. The youths here are with us,” he said.

Yesterday, Kelantan Umno chief and Minister of International Trade and Industry, Mustapa Mohamed told reporters that Umno is not within the “comfort zone” in wresting the seat from this PAS stronghold.

Abdul Fatah, also told the media that the party wants a forum with Petronas to reveal all on the oil royalty issue hopefully before polling day.

It does not matter who organises it, PAS or Petronas, he added. The party will make public the documents when there is a need, he said.

Hafiz Yatim, Mkini

Zaid slams jibby’s administration

KUALA LUMPUR, 10 July 2009: In a blistering speech last night, Datuk Zaid Ibrahim attacked Datuk Seri Najib Razak on almost every score of the prime minister’s100-day administration.

The former minister and former Umno member said Najib should have acted in his first three months of office “as if he has only 100 days before his reign comes to an end”.

Among others, Zaid said Najib should have enacted far-reaching policies to give back the judiciary its independence, and to reform institutions like the police, Attorney-General’s Chambers and the Election Commission.

“He [should have shown] the people he was prepared to sacrifice his neck if that is required of him,” Zaid said in his speech titled Preservation of Democracy and the Rule of Law in Malaysia at the Oxbridge Malaysia Dialogue Dinner Series, hosted by the Oxford and Cambridge Society Malaysia.

Najib was sworn in as the nation’s sixth prime minister on 3 April 2009. His 100^th day in office is tomorrow.

All equal?

Zaid said Najib should have started his term by pushing through a Race Relations Act to punish racism and racist speeches and writings “from all quarters, even if it’s from leaders of his own party and from Utusan Malaysia“. Zaid was referring to the Umno-owned Bahasa Malaysia daily.

“The problems in our country are not race or religion-based, but BN has worked very hard to make them so.”

Zaid, who was sacked from Umno in December 2008 and joined Parti Keadilan Rakyat (PKR) on 13 June 2009, also questioned the 1Malaysia slogan as to whether is really meant that all Malaysians were equal.

“The acceptance of equality of rights as citizens is central to the success of our Malaysian journey.

“When the PM announced his 1Malaysia slogan, I asked if that meant he would make a declaration that all Malaysians are equal. The answer was not forthcoming till today. All he said was rights must be understood in the context of responsibilities. Another fuzzy reply.”

What Najib should stop doing, Zaid said, was to “always refer to the deprivation the Malays suffered under the British. No amount of wallowing in the past can change history”. In the same vein, Malay Malaysians should stop telling other races to be “grateful”, Zaid said.

He said racist politics was the “single greatest impediment” to Malaysian unity, adding that while different from the kind of racism that involved skin colour, Malaysian racism was “driven more by ethnic distrust and ethnic rivalry for the economic cake”.

Zaid also went on the stump for Pakatan Rakyat (PR), saying it was the only viable alternative to the “self-indulgent and delusional sense of self importance” of Umno and Barisan Nasional rule.

Worse to come

Zaid said Najib’s push for Malay unity talks between Umno and PAS was merely a way to “strengthen himself” by causing internal difficulties between the PR parties.

At a time of economic downturn, Zaid said Najib had not done enough by removing the 30% bumiputra quota for companies and scrapping the Foreign Investment Committee rules. He noted that these were already being demanded of Malaysia by international and Asean trade agreements.

He said the decision was popular in the short-term but will “come back to haunt” Najib, as many Malay Malaysians were unhappy because Najib had not addressed the larger problem of income disparity.

On Perak, while Najib should “not have started it”, Zaid said that since it had already happened, the premier should “have the courage” to hold fresh elections.

“The whole cloak and dagger story of intrigue about the overthrow of the Pakatan Rakyat government gave rise to much suspicion about Najib’s style, well before he took office. He could have allayed the fears that he would not be one to resort to under-the-belt tactics in his leadership, by calling for fresh elections. Najib’s unwillingness to dissolve the Perak assembly has gotten the country deeper into a political quagmire.”

Zaid also believed that Najib would not bother to address people’s concerns about the impartiality of the police and judges, and of high-profile corruption cases which had been reported to the anti-corruption authorities.

He added that authoritarianism in government would continue unless repressive laws like the Internal Security Act, Official Secrets Act and the Sedition Act, were abolished. But this would be unlikely as “the elite need protection from their misdeeds”, he said.

Zaid also criticised the government for reversing the policy on teaching science and mathematics in English after six years and billions of ringgit. “One wonders if the farcical National Service programme, which is neither a national service nor an education programme, will be scrapped, too.”

Umno’s cave

Zaid also pulled out the stops in criticising his former party. He said Umno had been hiding in a cave for too long which had caused them to “abandon the idea of a shared and common nationhood”.

He said the reason for Umno’s, and by extension, the government’s authoritarianism, was the belief in “Ketuanan Melayu” and that Malay hegemony was needed to prevent Malay Malaysians from being marginalised.

He said change would only come when Umno abandoned racial politics and when Malay Malaysians understood that “patronage, authoritarianism and nationalist extremism” – “all of which are Umno’s leadership style” – did them more harm than good.

“Malay [Malaysians] themselves must break from the shackles of narrow nationalism so that they may realise self-actualisation and independence,” Zaid said.

He said if Umno continued to cling on to the “Ketuanan Melayu” mindset, the whole country would suffer from not being able to have comprehensive national policies, because the distrust between communities would prevent objectivity and place ethnic interests over national interests.

By Deborah Loh, Nut Graph

Kg Buah Pala: Villagers to file fresh writ to claim ownership

The ‘High Chaparral’ Kampung Buah Pala villagers will file a fresh writ at the Penang High Court next week to stake claim of ownership over the village, which they claim to have resided in for nearly 200 years.

Darshan Singh Khaira, their lawyer, said he will file the writ under common law principles of adverse possession, equity and legitimate expectation.

When asked to explain the writ’s contents, Darshan said the villagers would base their argument on the fact that they had stayed in the village for years without giving recognition to any other ownership.

Darshan said the villagers had occupied the land uninterupted for more than 12 years after it was given to them by their colonial estate master Helen Margaret Brown.

According to him, there were many case law precedents to back the villagers’ claim of ownership.

He said the villagers would also apply for a stay of execution of the writ of possession dated June 2 issued to them by the proposed developer Nusmetro Venture (P) Sdn Bhd.

Declassified documents handed over

The developer issued the writ after the villagers lost their appeal at the Federal Court last month.

Kampung Buah Pala villagers had sought to set aside an earlier Court of Appeal decision favouring the land owner, Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang, and Nusmetro.

The villagers face eviction from Kampung Buah Pala after Aug 2.

Kampung Buah Pala is famously known as ‘Tamil High Chaparral’ by locals due to its cowherds, cattles, goats and Tamil traditional way of life.

Today, the state government handed over several declassified documents pertaining to the land deal to the village committee assistant secretary C Tharmaraj.

Darshan praised Chief Minister Lim Guan Eng for releasing the documents.

Lim was notified of transaction

According the documents, the cooperative society had paid RM2.247 million on March 14, 2008 – a week after Lim had become the chief minister.

The land was transferred by the state government to the cooperative society on March 27, 19 days after Pakatan Rakyat captured the Penang government in the March 8 general election.

Tharmaraj alleged that on March 16, the villagers were informed by their then lawyer Cecil Rajendra that Lim had been notified about the land transaction.

He said Cecil Rajendra had ask Lim to scrutinise the transaction and that there was a pending court case on the village land.

“Lim now claims that he didn’t know anything about the transaction. Lim should stop blaming the previous administration on the issue. He is partly to be blamed for allowing the transaction,” he said.

The declassified documents contained the chronology of the previous BN executive council decisions made on the Kampung Buah Pala land deals.

We’ll meet Lim if he’s sincere

Lim has said that the document proved that former Chief Minister Koh Tsu Koon and his Umno, MCA, MIC and Gerakan cohorts had robbed the villagers of their land without consulting them.

Tharmaraj said that the Kampung Buah Pala Residents Association would be the villagers’ sole voice and Darshan their legal representative.

Yesterday the villagers did not attend a proposed meeting with Lim when they were refused to be accompanied by Darshan.

Tharmaraj said the villagers would welcome Lim wholeheartedly to the village if he sincerely wanted to have a ‘heart to heart talk’ with them.

Darshan called on Lim’s government to testify during the court hearing on the villagers’ impending writ of ownership claim.

“If the state government can admit in court that the deals were fraudulent, then it need not pay a single cent to reacquire the land since the deal would be nullified.

“It will end the villagers’ predicament once for all if the state government can do that,” he said.

Athi Shankar, Mkini

Anwar Malaysia sodomy trial delay

The trial of Malaysian opposition leader Anwar Ibrahim on sodomy charges has been delayed after his main defence lawyer fell ill.

Mr Anwar is accused of having sex with a male aide, the second time he has faced the accusation.

He spent six years in jail after a trial in the late 1990s.

He has denied the claim, calling it a lie intended to destroy his political career. The 61-year-old has told the BBC he is not expecting a fair hearing.

Opinion polls say few Malaysians believe the latest charges.

“You are not talking about law or facts,” Mr Anwar said.

“We are just talking about the abuse of process, the abuse of the system, just to defeat and incarcerate your political opponent.”

Deja vu

Almost exactly one year ago, Mr Anwar was arrested by armed police in a dramatic raid. He was questioned for 24 hours, then charged with sodomy.

A 23-year-old who used to work in his office said Mr Anwar, Malaysia’s opposition leader, had sex with him at an upmarket apartment on the outskirts of Kuala Lumpur.

Mr Anwar says his accuser is lying and the evidence has been fabricated. He points the finger at the government.

His arrest came just a few months after he led the opposition to a very strong showing at a general election.

The events echoed those of 10 years ago. Then Mr Anwar was jailed for sodomy, but he was freed six years later after an appeal.

His conviction followed his sacking as deputy prime minister.

Malaysia’s new prime minister, Najib Razak, also has much riding on this trial.

In the current climate, a guilty verdict could see him face renewed accusations of political persecution, says the BBC’s Robin Brant, in Kuala Lumpur.

However, a not guilty verdict would strengthen the man he is desperate to keep out of power, he adds.

BBC Online

GUAN ENG SHOULD REVEAL ALL AND NOT ONLY HALF TRUTHS

Whilst HINDRAF appreciates the part revelation of Penang Chief Minister on the Kg.Buah Pala Saga, we are however surprised that he had carefully chosen what should and what should not be revealed.

From the revelations’ we are not in the slightest doubt that the BN under its previous Chief Minister Tan Sri Koh Tsu Koon and his cohorts had robbed the poor and defenceless people of Kg. Buah Pala of their land and they should be held accountable.

However Guan Eng has to clarify the following points:

· How did the land that was given to the villagers and held on trust by the Government were sold to private developers in the first place;

· Since it was plainly obvious from the documents that the land was robbed from the people then why did Guan Eng and his Government allow the fraudulent transfer to take place after he and his Government came into power;

· Why didn’t Guan Eng adhere to the advise by the residents previous Lawyer that the transaction of the previous Government could be revoked by him as fraud is involved;

· Why did Guan Eng keep mum on these fraudulent transaction by the previous Government for this many months? Why the failure to lodge Police Reports and to the MACC if he is aware of the fraud by BN? Why hasn’t Guan Eng raised the matter in Parliament though he has been elected for more than 15 months now?

· How can a land sold at RM3.21 million suddenly “rocket” up to hundreds of millions after the land has been transferred to the developers by the Guan Eng Government.

· Why is Guan End deliberately pulling his feet in finding a permanent solution to the problem ie exercising his authority under the Land acquisition Act ?

· Why was Guan Eng’s Exco members exerting pressure on the village residents to accept the peanut offer of compensation by the developer;

HINDRAF warns Guan Eng against using unfriendly language in his Press Statements especially accusing the residents of displaying aggression, hostility and arrogance for refusing to see him yesterday. The villagers have made it clear that they wish to be represented by a Legal Representative of their choice and not by a representative chosen by Guan Eng. He should not make a mockery of himself by further complicating the matter by coercing the people into submission of his bully and high handed tactics.

Over the last one week Lim Guan Eng had diverted from the main issue and has personally and through his cohorts been diverting from the real issue. The Kg Buah Pala Residents had repeatedly insisted that they are not interested in any form of compensation but only want to preserve their livelihood. But Guan Eng plays deaf by talking about compensation and

raising fear of unimaginable magnitude of compensation to the developers. In addition he insinuates that HINDRAF is a collaborator of BN. Guan Eng must remember HINDRAF is apolitical and we do not condone any wrong doing by any Government. In this case why blame us of not condemning the BN when you and your colleagues have quietly played along with BN and swept the matter under the carpet, perhaps motivated by the “unimaginable” sum.

HINDRAF only interfered after desperate appeal by the villagers and if not for the action taken by HINDRAF 4 days prior to the demolition date, Guan Eng and his BN corrupt allies would have been celebrating by now.

Till date Guan Eng have not answered all the queries I raised in my Statement issued on the 1st July 2009 and is continuously using the diversion technique frequently used by BN.

If he is sincere of using “all the legal avenues of resolving the issue” as claimed then the only option is the Land Acquisition Act. He should erase the delusion that hundreds of millions of compensation is involved when the act clearly states a reasonable sum.

P.Waytha Moorthy
CHAIRMAN
HINDRAF

High Chaparral: No lawyer, no face-off with CM

The anticipated meeting between the Penang Chief Minister Lim Guan Eng and Kampung Buah Pala residents ended even before it could start.

The villagers walked out of the state secretariat in Komtar after the chief minister insisted that they could not be represented by their lawyer Darshan Singh Khaira at the proposed meeting at 11am.

Bukit Gelugor parliamentarian Karpal Singh had arranged the meeting to find an amicable solution to resolve the escalating crisis.

It is learnt that the villagers had set the condition that they be represented by Darshan.

When some 20 villagers led by Kampung Buah Pala residents’ association chairperson M Sugumaran arrived at Komtar’s third floor at 10.30am, they were asked by Seri Delima assemblyperson RSN Rayer to accept the ‘no lawyers’ condition.

Rayer also insisted that the villagers should be represented by five association committee members during the meeting with Lim.

When the villagers insisted that they wanted Darshan Singh to be present, Rayer refused to budge.

The villagers then walked out.

Association assistant secretary C Tharmaraj accused the chief minister of pulling a political stunt to impress Penangites that he is working overtime to resolve the crisis.

“Why did he deny us our fundamental right to have legal representation at the meeting?” he asked.

Rayer, however, managed to persuade one resident – named as Saravanan – to accompany him to the meeting.

Despite vehement objections by the others, Saravanan went to the chief minister’s office at Level 28. What transpired is not known.

CM says lawyer was present

Speaking to reporters later, Lim claimed that the residents’ ‘lawyer’ Cecil Rajendra had been present.

However this was immediately dismissed by Sugumaran who said that Rajendra is not their lawyer.

Sugumaran admitted that Rajendra had represented the villagers in the High Court in their case against the developer. However they had subsequently engaged different lawyers to represent them in the two higher courts.

“It’s funny to hear that the chief minister knows who our lawyer is, but how can Lim claim that Rajendra represents us? We have now appointed Darshan Singh to represent us, not anyone else.”

Darshan Singh said he is surprised that Rajendra is still acting as the residents’ lawyer.

“This was done without the knowledge and authorisation of the villagers,” he said.

State to file for review

At the press conference, Lim said the state government is looking into invoking provisions of the National Land Code (NLC) to stop the developer from demolishing the houses in the village.

But he said the state government must first face the complications arising from the court order which is in favour of the developer.

Nusmetro Venture (P) Sdn Bhd had obtained a Federal Court ruling on June 24 to evict the villagers. Based on this, the developer had issued writ of vacant possession on July 2 to the villagers.

Lim said the state government would have to study the legal repercussions of using the NLC provisions, adding that the state authorities will seek a High Court review on the matter.

Athi Shankar, Mkini

Johari apologises to Lim, clears way for reinstatement

Johari Kassim is set to be reinstated as Seberang Perai councillor after he publicly apologised to Chief Minister Lim Guan Eng today.

Johari was sacked as Seberang Perai Municipal Council (MPSP) councillor on June 26 over a personal attack on Lim.

PKR will ask Lim to reinstate Johari by the end of the month.

Deputy Chief Minister 1 Mansor Othman  said that PKR would suggest that Lim legally enforce the period between the date of Johari’s expulsion and reinstatement as a “suspension”.

In a statement today, Johari said he apologised to end the controversy, which had shaken Pakatan Rakyat’s unity, cooperation and understanding.

“I wish to apologise for my personal criticisms against the chief minister,” he said.

My view on apointments still stands

He made it clear that he was not apologising for his outburst against the appointment of civil servants as heads of municipalities in Penang.

“I will uphold PKR’s stand to appoint politicians to helm local councils. There is no change in that,” said Johari.

The controversy erupted on June 4 when Johari led seven PKR councillors to boycott the appointment of former Northern Seberang Perai (SPU) chief Mokhtar Mohd Jait as MPSP president.

Apart from Johari, other PKR councillors who boycotted the event were Che Mat Hashim, Amir Ghazali, Mahamad Hashim, Rynu Shanmugam, Goh Choon Aik, Mohd Kamil Abu Bakar and Zaini Awang

Only Farid Arshad defied the boycott order.

Johari argued that Mokhtar’s selection was against a Pakatan Rakyat “gentleman’s agreement” to appoint politicians to helm local councils.

Crisis has strengthened leadership

Based on the meeting between the state government and PKR leaders yesterday, Johari is of the view that the controversy was actually a blessing in disguise.

“The controversy has strengthened and enhanced the maturity of Pakatan Rakyat state leadership.

“It has actually paved way for better cooperation and understanding between Pakatan coalition and government in Penang,” he said.

Lim (right) was particularly miffed by Johari’s personal attack on him

Johari had criticised Lim for not respecting PKR’s wish on council appointments and that “he (Lim) was running the state government like his own backyard”.

At yesterday’s meeting, Lim said he was willing to reinstate Johari on condition that he makes a public apology.

Lim had invoked an administrative rule under Section 10(4) of the Local Government Act 1976 to sack Johari, a PKR state liaison committee member.

Under the section, Johari had no right of appeal.

Johari hoped all Pakatan leaders would refrain from publicly speaking about the issue.

“I have apologised and hope to be back in MPSP by month’s end,” he said.

Athi Shankar, Mkini

Kedah MB says differences settled with state DAP

The PAS-led Kedah government and the state DAP leadership will form a state level taskforce alongside rest of the state pakatan leadership in order to resolve outstanding issues between them, said Menteri Besar Azizan Abdul Razak today.

He also played down the differences between his state government and the state DAP committee as a storm in a teacup and that the matter is part of maturing process that sometimes generate some ‘heated’ moments.

“No problem, no problem. It’s over,” said a smiling Azizan after a 40-minute meeting with DAP leader Lim Kit Siang in Kuala Lumpur.

Lim met up with Azizan in Kuala Lumpur today to pass on a four-point memorandum which highlighted their grievances.

No further details were revealed on the taskforce except that the meeting today was its inaugural one.

The taskforce was created for a better working relationship, and to stress his commitment, Lim, the DAP’s advisor, said: “I’m willing to (travel to Kedah) once a month…meet with Azizan, have a chat over a Kopi ‘O’.”

‘Abattoir issue settled’

Azizan said an alternate site to replace the sole abbattoir which demolished recently has been located.

The new site was agreed upon by both the State Veterinary Department and Kedah Pig Slaughterers Association.

The demolishment of the sole abattoir in Kedah was the final straw for the state DAP as they were unhappy with many of Azizan’s policies.

The Kedah DAP quit the state Pakatan Rakyat coalition on July 1.

Lim said that, while the differences may have been ironed out, the state committee will not rejoin the state Pakatan just yet, as the matter cannot be decided by one or two members.

“A decision must be made by the state committee as a whole to rejoin the state Pakatan coalition,” he added.

Kedah and Perlis DAP chairman, Thomas Su, said what transpired today was “a positive move”.

50 percent housing quota

Other matters that the taskforce will look into are the 50 percent quota allocated for bumiputera housing and the recent partial demolishment of two temples.

Azizan responded briefly on both these matters.

“The housing quota will not be a rigid practise as it has been decided that unsold units will be ‘released’ (to non-bumiputeras) so as not to burden the developers”.

On temple demolishment, Azizan said that the owners of the land have been asked to demolish the extensions themselves because it stood in way of the construction of KTM’s double-tracking project.

He said that temple issues are of sensitive nature and that no temple will be demolished without his prior knowledge.

DAP has one state seat in Kedah, while PAS has 16 and PKR has 5.

Tarani Palani, Mkini

Umno fishes for votes, nets trouble

Umno is fishing for votes, but it is PAS that has pulled in a whopper in the campaigning for the Manek Urai by-election.

On Friday, fish wholesalers and fishmongers will protest Umno’s slur against one of their own – the PAS candidate.

The gathering is also in support of Mohd Fauzi Abdullah, better known as Abe Uji.

He is standing against Umno’s Tuan Aziz Tuan Mat in the July 14 by-election for the state seat.

PAS election director Wan Abdul Rahim Wan Abdullah said fish wholesalers are upset that Umno information chief Ahmad Maslan had belittled the PAS candidate while campaigning.

Ahmad had apparently described Abe Uji as a peraih ikan (fishmonger) during a ceramah (political talk), when he is a pemborong (fish wholesaler).

Wan Abdul Rahim said this has upset both fishmongers and wholesalers, who see the statement as deriding their profession.

Any occupation should be accepted, so long as it is halal, he said today, at his daily press briefing.

“After this foolish remark, Ahmad Tarmizi Salleh – president of the Kelantan fishmongers association – voiced the group’s support for Abe Uji. They feel that the remark demeans Abe Uji’s capabilities and profession.

“They have agreed to organise a protest on Friday afternoon at Kampung Laloh.”

Wan Abdul Rahim pointed out that PAS has chosen someone who is “humble, approachable and willing to help the people”, instead of a highly-educated candidate to contest the seat.

This is in keeping with the history of its candidates for Manek Urai. The seat was held for five terms by Ismail Yaacob, who is better known as Pak Su Weil.

He was a bomoh patah (masseur who sets bones) . Although he was illiterate, voters appreciated “his incomparable service” to the people, said Wan Abdul Rahim.

Ismail’s death on May 22 led to the by-election being called.

Achievements under PAS

Wan Abdul Rahim also claimed that Manek Urai in northern Kelantan was developed by the Kelantan Land Development Authority (LKTN), an agency under the PAS-led state government.

Unlike the South Kelantan Development Authority, which is run and funded by the federal government, the LKTN allows smallholders to open and own land. They have come from Pasir Mas, Rantau Panjang, Tanah Merah and Kota Bharu to date.

“The residents are given six acres (2.4 hectares) of land to develop into rubber smallholdings, another two acres (0.8 hectares) for orchards and half an acre (0.2 hectares) to build their house.

“These settlers have trekked through jungle and crossed rivers to clear the trees to plant rubber. About 80 percent of them are now rubber tappers.”

Wan Rahim said all this had been initiated under the PAS, which formed the state government in 1990 and has retained it ever since.

LTKN’s 60th anniversary will be observed tomorrow at Sungai Sok, with Deputy Menteri Besar Ahmad Yakob scheduled to officiate the event.

Hafiz Yatim, Mkini

Lim to Johari in a face saving attempt: Make a public apology

Penang CM Lim Guan Eng is willing to reinstate PKR’s Seberang Perai Municipal Councillor (MPSP) Johari Kassim on condition that he makes a public apology.

Lim seems to have acceded to a call by PKR to soften his hard line stand on the controversial dismissal of the MPSP whip.

Johari  is to publicly apologise for his personal attacks on Lim over the appointment of former Northern Seberang Perai (SPU) chief Mokhtar Mohd Jait as MPSP president.

Johari led seven other PKR councillors to boycott Mokhtar’s swearing-in on June 4.

He said Mokhtar’s selection was against a Pakatan Rakyat “gentleman’s agreement” to appoint politicians to helm local councils.

Lim criticised

Apart from Johari, other PKR councillors who boycotted the event were Che Mat Hashim, Amir Ghazali, Mahamad Hashim, Rynu Shanmugam, Goh Choon Aik, Mohd Kamil Abu Bakar and Zaini Awang

Only Farid Arshad defied the boycott order.

Lim  had invoked an administrative rule under Section 10(4) of the Local Government Act 1976 to sack Johari, a PKR state liaison committee member.

Under the section, Johari has no right of appeal.

At a conciliatory meeting between DAP and PKR in Komtar today, Lim who is also the DAP secretary-general was particularly miffed by Johari’s personal attack on him.

Johari had criticised Lim for not respecting PKR’s wish on council appointments and that “he (Lim) was running the state government like his own backyard”.

Apology tomorrow

PKR had wanted the MPSP president’s post to be reserved for the party, while DAP appoints its nominee to helm MPPP.

It’s learnt Johari would be reinstated councillor once he had offered his apologies, probably via a press statement tomorrow.

Johari is likely to meet Deputy Chief Minister 1 Mansor Othman to discuss Lim’s face-saving demand.

PKR state chief and Bayan Baru MP Zahrain Hashim and his DAP counterpart Chow Kon Yeow, also a state executive councillor, declined to elaborate on the controversy.

Besides Lim, Zahrain, Mansor and Chow, today’s meeting meeting between DAP and PKR was attended by several Pakatan elected lawmakers including DCM 2 P Ramasamy, VS Raveentharan, Abdul Malik Abdul Kassim and Ng Wei Aik.

Athi Shankar, Mkini