Sin Ming primary school – A story of toil and struggle

Education is considered the most important issue in the history of Chinese Malaysians over the past 60 years, beginning as early as 1920 when Chinese education first came under scrutiny.

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Later in 1952, the passage of the Education Ordinance drew strong criticisms from the Chinese Press and teachers who claimed that Chinese education was virtually reduced to a position of a “prisoner to be condemned”.

The early Chinese education issue created a crisis of “lost roots” amongst intellectuals and a movement to protect them.

It was a long struggle with the authorities on the Chinese dream to be accepted as legitimate.

They were Malaysian citizens with the hope of being educated in their mother tongue and protecting Chinese education as the bastion of the community’s culture.

While Chinese-language education continues to be a sensitive issue even till today despite a century of friction in establishing values and a sense of identity, politics and Chinese education is still an intractable issue.

Chinese education’s roots are very deep and party watchers viewed Pakatan leadership making inroad into Puchong’s SJK Sin Ming as a timely and brilliant move to assist more of such Chinese and Tamil schools in their development progress at a time when the recession will affect them financially.

At most Chinese medium primary schools, the government pays teachers’ salaries and regular expenses, while the board of trustees is responsible for operating expenses, physical maintenance, expansion of facilities, etc.

The huge expense of running these primary schools has long been a big burden for the Chinese community and the history of SJK Sin Ming is typical and run parallel to many other such schools in the country.

Closure of tin mines affected school

In 1986, a coffee shop owner Goh Cheng Chew from Selangor bought two small buses from funds he raised and personally drove one of the buses to fetch students daily at 5.30am from surrounding areas to SJK Sin Ming in Puchong.

As chairman of the school board, Goh also had to launch a personal campaign to enroll students thus ensuring a minimum number of students.

He had to keep the school afloat, threatened by the closure of nearby tin mines with residents moving away from the area and causing a diminishing number of local students.

His passion for education and determination to succeed for the good of the community kept him going and helped to lay a firmer foundation for the school’s future.

Many of the school’s parents and students were told of Goh’s personal sacrifices and his dedication towards Sin Ming.

Goh’s contribution to the school is a touching story of an ordinary Malaysian who had made extraordinary efforts to keep Chinese education alive particularly in the outer areas of Puchong.

In fact, the Sin Ming primary school and the unsung heroism of Goh is very much a part of the evolving history and development of Chinese education in other schools throughout the country.

Established in 1934, Sin Ming was closed down in 1954 due to financial difficulties. It was reopened in 1956 and became SRJK Sin Ming.

The years 1986-1994 saw critical efforts to raise funds for the school’s development. It was only in 1994 when a major fund-raising campaign enabled the school, with only 160 students,  to re-start the school rebuilding process.

It was in 1992-3 when the school board set up its development committee headed by its chairman Yuen Khon Yuan and adviser Soh Chee Wen.

Having completed phase I and II expansion programme in the respective years of 1996 and 2005, the enrolment has reached the maximum capacity of 1,700 students including 99 non-Chinese students.

An outstanding role model

Unless phase 3 is completed by 2012 to cater for its future intake of 2,500, the school would have to turn away hundreds of students every year.

The history of Chinese education for the past centuries in the country is a synonymous tale of untold toil, struggle and hardship by little known individuals within the Chinese educationist movement who have been carrying their Chinese education in their minds and Chinese blood in their veins.

Chinese educationist Sim Mow Yu was an outstanding role model for his contribution towards Chinese education whom parliamentary Opposition leader Anwar Ibrahim paid tribute at last Sunday’s fund-raising launching event at SJK Sin Ming in Puchong, Selangor.

“Our dear friend, Sim Mow Yu is a man who shared the same commitment and dedication to children’s education. His work is an example for all Malaysians. His spirit and legacy of his great service to his people and to the nation echoes around us today; and we mark his contribution with a moment of silence,” Anwar said at the school gathering.

Referring to the former headmaster and chairman of the school board, the late Goh Cheng Chew, Anwar said:  “There is a mark of heroism in his sacrifice, and yet a certain sadness comes with it as well.

“In a country as rich as ours, why do we leave people to fend for themselves in providing what is, I believe, the birthright of every child.

“The young children we see today are our hope for tomorrow. The values of racial tolerance, unity and fraternity must be inculcated early in life.

“I have been fortunate to have been taught by good teachers, guided by great writers, among them Han Yu San, whose words I remember well: ‘Within four seas, all men are brothers’.

“For all these reasons, the Selangor state government under Pakatan has declared that education shall be the pillar of its state government development policy,” Anwar said.

There are about 1,293 Chinese primary schools and 60 Chinese-medium independent secondary schools currently in the country. Mkini

Khalid strikes back

By Neville Spykerman

SHAH ALAM, Feb 24 – The gloves have come off in the battle for Selangor.

Selangor Menteri Besar Tan Sri Khalid Ibrahim who is being accused of abuse of power by Umno and the Malaysian Anti-Corruption Agency (MACC) has started to hit back at his detractors.

Yesterday, two top officials from state investment arm Permodalan Negeri Selangor Berhad (PNSB) were ordered to go on a month’s paid leave to facilitate investigations into “irregularities and weaknesses” in the company’s financial accounts.

The pair are chief executive Datin Khairiyah Abu Hassan and finance manager Nora Azmin Radzuan, who is also Selangor Puteri Umno chief.

The Malaysian Insider has learnt that among the irregularities detected in the financial accounts is non-disclosure of perks and bonuses paid to former top officials of PNSB, as well as declarations to the Inland Revenue Board (IRB).

Sources told The Malaysian Insider there was also a probe on irregularities in the financial accounts involving an RM159,250 Patek Philippe watch which was returned to PNSB by Datuk Seri Dr Mohd Khir Toyo, the former Umno menteri besar.

The former menteri besar was initially given the gold watch as a sign of gratitude by the state investment agency before the March 8 general elections but it was reported that he declined to accept it.

The watch was reported to have been sold at the same price two months later but a probe is underway into the possibility of manipulation of PNSB’s accounts.

In a statement yesterday the state government indicated they were also investigating discrepancies in the sale and purchase of real estate in Mecca, between 2006 and 2007.

The Malaysian Insider has learnt that the state investment agency had purchased property in Saudi Arabia but these were later sold at cost price, without the knowledge of PNSB’s board.

Last Friday, the MACC revealed that there was strong evidence to show that Khalid had used state funds to purchase cattle for mosques in his parliamentary constituency and to pay for the maintenance of his personal car

But yesterday’s revelation of irregularities is an indication that Khalid is prepared to go toe-to-toe with Umno and this may mean more dirt on the previous administration may soon be exposed.

All is not well in the MCA: Top two continue to engage in no hold barred fight

By Shannon Teoh

KUALA LUMPUR, Feb 24 – All is not well in the MCA as the party’s top two leaders look set to go toe-to-toe in a battle which is likely to have an adverse impact on the greater Barisan Nasional (BN) coalition.

The Malaysian Insider understands that supporters of the deputy president Datuk Seri Dr Chua Soi Lek are planning to call for an extraordinary general meeting to remove party president Datuk Seri Ong Tee Keat.

Ong’s backers are also planning to have Dr Chua hauled up before the party’s disciplinary committee to have him suspended for up to two years for “tarnishing the MCA’s image.”

The president’s men plan to cite as evidence a DVD containing secretly filmed footage of Dr Chua having sex with his mistress which first surfaced more than a year ago, and which led to his resignation as health minister in 2008.

Yesterday a police report was lodged in Petaling Jaya after a resident there claimed he received a DVD in the mail containing the same footage. Investigators later questioned Dr Chua under rarely enforced laws that make oral sex a crime.

Dr Chua’s supporters see the resurfacing of the sex footage as an attempt to derail moves to call an EGM.

The Malaysian Insider understands that the EGM is being called to table a motion of no-confidence against Ong’s leadership for failing to help the party regain public support from Chinese voters.

A growing number of the grassroots are unhappy with what they perceive to be Ong’s moves to shore up his own support in MCA rather than tackling issues that resulted in the battering the party received in the March 2008 general elections.

A number of party leaders want Dr Chua to take on Ong now in a no-holds barred fight for control of the party.

When contacted by The Malaysian Insider, Dr Chua firmly insisted that the timing of the police report in relation to the sex DVD betrayed its true purpose of a political sabotage.

“Coming so close to the Elizabeth Wong saga, they believe that they can tarnish me further for my past mistakes,” he said, referring to the circulation of nude pictures of Wong which has resulted in the Selangor executive councillor offering to resign.

“It is an attempt to cow me into silence,” he added.

However, when asked if this was a move to curtail the EGM, Dr Chua refused to comment on the matter, merely saying that he would cooperate fully with the police on the case at hand.

The current investigations were initiated on Feb 10 after a Petaling Jaya resident claimed that an envelope containing the DVD and a letter was placed in his mailbox.

The letter instructed the recipient to lodge a police report after watching the video.

Upon watching the DVD, the resident realised that the DVD was a pornographic video and proceeded to make the police report.

The feud between MCA’s top two began almost immediately after they were voted in at the party’s general assembly last year.

The duo have been engaged in a war of words via statements made to the media since last October’s party elections.

Ong has openly sidelined his deputy in making party appointments, leaving Dr Chua with the responsibility of heading a minor bureau tasked with monitoring government policy.

But sources say that even in this capacity, Dr Chua has been obstructed by orders for government officials not to cooperate.

It is understood that Dr Chua has the backing of some senior Umno leaders, but there is concern that a no-holds-barred fight will have a negative impact on BN’s attempt to regain public support. MI

Survey: When is private lives of politicians fair game?

Embattled politician Elizabeth Wong, whose nude photos were circulated in public, should take heart – as far as

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Malaysiakini readers are concerned, she need not resign.

Close to 90 percent of respondents in the ‘Private lives of public officials’ survey said that an elected representative is not required to quit “if he or she is a victim of circumstances in his/her private life and if the outcome has no impact on public office”.

Of the 2,840 who participated in the weekend poll, 2,507 (88.3 per cent), believe that a public figure should not be punished in such cases.

However, the question, “Should an elected representative’s personal lifestyle be a consideration in holding public office?” elicited a mixed response.

While 52.5 percent (1,490) answered “No”, 44.9 percent (1,272) answered “Yes”.

According to a political observer, the answer revealed the public view that in some cases, the politician’s personal lifestyle can be a very important factor on whether he or she should be elected to public office.

Media should not pry

“For example, when a politician makes private morality a key platform in his or her electoral campaign, then he or she has chosen to make their own lives a public issue,” he said.

Meanwhile, an overwhelming majority of respondents in the survey feel that the media should stay out of the private lives of public officials.

Over 81 percent answered “No” to the question “Should the private lives of public officials be open to press scrutiny?”

“Humans are often titillated by reports concerning the private lives of the powerful, rich and famous, but that does not give the media the right to pry into their bedrooms,” said the political observer.

“What the public is interested in is not always of ‘public interest’.” Mkini

Dua Syarat Jika Mahu Ambil Alih Konsesi Air

SHAH ALAM, 23 Februari – Dato’ Menteri Besar, Tan Sri Abdul Khalid Ibrahim hari ini berkata dua syarat ditetapkan kerajaan negeri Selangor sekiranya Kerajaan Persekutuan ingin mengambil alih pengurusan konsesi air di negeri ini.

Menurutnya, dua syarat itu ialah Kerajaan Persekutuan tidak boleh menaikkan harga air pada 31 Mac ini serta  mengekalkan  pemberian percuma 20 meter padu kepada pengguna meter individu di negeri ini.

Abdul Khalid berkata pihak kerajaan negeri  sedia mengadakan  rundingan semula dengan Suruhanjaya Perkhidmatan  Air Negara (Span) bagi menyelesaikan  proses pembelian itu.

Namun katanya, kerajaan negeri tidak akan mengubah harga tawaran  yang telah ditetapkan  sebelum ini iaitu sebanyak RM5.9 bilion  untuk mengambil alih syarikat konsesi itu.

“Walau apa pun yang berlaku kerajaan Selangor masih dengan harga tawaran sebelum ini dan jika tawaran itu diterima pihak  kerajaan negeri sedia membayar RM5.9 bilion untuk mengambil alih harta konsesi itu.

“Dan jika konsesi itu diambil alih kerajaan Pusat, kerajaan negeri juga akan pastikan tiada kenaikan air dan akan terus memberikan air percuma sebanyak 20 meter padu kepada rakyat Selangor,” katanya kepada pemberita selepas menghadiri Majlis Perhimpunan Bulanan Jabatan-Jabatan Kerajaan Negeri Selangor di Dataran Dewan  Undangan  Negeri Selangor di sini pagi tadi.

Perhimpunan bulanan kali ini dihoskan oleh Pejabat Setiausaha Kerajaan Negeri Selangor.

Turut hadir Setiausaha Kerajaan Negeri, Dato’ Ramli Mahmud dan Ahli-Ahli Majlis Mesyuarat Kerajaan Negeri.

Abdul Khalid dalam ucapannya pagi tadi turut meminta pegawai kerajaan memahami usaha-usaha yang dibuat kerajaan Selangor dan Ahli-ahli Majlis Mesyuarat Kerajaan Negeri (Exco) dalam memberikan perkhidmatan yang terbaik kepada rakyat.

Selain itu beliau juga turut menerangkan kapada penjawat awam mengenai bagaimana kerajaan negeri membuat keputusan mengenai rundingan air dengan pemegang konsesi air serta hubungan antara kerajaan negeri dengan kerajaan pusat.

“Saya mahu mereka faham bagaimana pemikiran kerajaan negeri  untuk menentukan pembelian dari konsesi itu walaupun munasabah harganya tetapi tidak membebankan rakyat Selangor dari segi kenaikan harga air dan menentukan pemberian air percuma 20 meter padu diteruskan kepada pengguna meter individu,” katanya yang turut mengingatkan pegawai kerajaan tentang kemelesetan ekonomi yang melanda dunia  hari ini.

Beliau juga berharap krisis ekonomi global itu juga akan  menjadi peringatan kepada penjawat awam di negeri ini supaya bekerja dengan lebih cekap, berhemah dan berjimat cermat dalam apa jua keadaan supaya dapat memberikan sumbangan serta khidmat kepada rakyat Selangor. – MURIZA ABDUL HAMID, Sgorkini

Selangor Mahu Rakyat Terus Dapat Air Percuma

PUCHONG, 22 Februari – Suruhanjaya Perkhidmatan Air Negara (Span) telah membuat satu kesilapan besar kerana memutuskan untuk mengambilalih perbincangan mengenai pembelian konsesi air daripada kerajaan negeri, kata Dato’ Menteri Besar, Tan Sri Abdul Khalid Ibrahim.

Menurut beliau, tindakan itu menyebabkan empat syarikat konsesi yang ditawarkan dengan RM5.9 bilion bagi pengambilalihan itu, tidak  dapat memberi jawapan yang tegas kepada tawaran kerajaan negeri memandangkan ada pihak lain yang memberi tawaran baru.

Bagaimanapun kata Abdul Khalid kerajaan negeri sedia membenarkan kerajaan pusat melalui Span meneruskan rundingan berkenaan jika tidak berlaku kenaikan air bermula 31 Mac ini dan kerajaan negeri akan terus memberi air percuma sebanyak 20 meter padu kepada rakyat Selangor.

Abdul Khalid juga berharap kerajaan pusat tidak menawarkan harga yang lebih daripada tawaran yang dibuat kerajaan negeri kepada syarikat konsesi berkenaan.

“Jadi kalau kerajaan persekutuan ingin mengambilalih rundingan kerana hendak membeli syarikat konsesi, kerajaan negeri Selangor tidak akan menerima jika rakyat negeri ini mendapat kenaikan harga air dan kedua tidak mendapat 20 meter padu air percuma,” katanya.

Beliau berkata demikian dalam sidang media selepas merasmikan bangunan baru Sekolah Jenis Kebangsaan (Cina) Sin Ming, dekat sini petang ini. – NOOR ALLIA KASSIM, Sgorkini

Anwar, civil society warn najib Altantuya incessant negative politicking will hit the economy hard

By Wong Choon Mei

Opposition Leader Anwar Ibrahim has slammed Deputy Premier and Finance Minister Najib Abdul Razak for his refusal to accept a two-coalition system, warning the non-stop negative politicking will only worsen the economic crisis overtaking the country.

Civil society groups too are becoming increasingly alarmed at the speed of deterioration in the economy and the growing public distrust for the federal government machinery and its institutions, scorned after a recent string of scandalously-biased decisions.

“We must not allow ourselves to get into this kind of morass, otherwise foreign investors will get put off from coming here to invest,” said Ramon Navaratnam, president of Transparency International Malaysia.

“If the politicians do not desist, then this morass will deepen and it will not be just political but also social, because the institutions are now becoming involved. This has to be resolved quickly.”

Anwar, who was officiating a function at the Sin Ming Chinese school in Puchong, took Najib to task for gambling with the economic future of the nation.

“While the leaders of other countries have acknowledged that serious measures are needed to fight the economic slowdown, Malaysia has not issued such statements because the Finance Minister is too busy abducting people. Only on March 10th will he finally take additional steps to tackle the slowdown,” said Anwar.

Malaysia’s MIA file

The reform icon was referring to a slew of people who have mysteriously and suddenly disappeared from public view after being embroiled in some form of scandal or other related to Najib and his Umno party.

The first high-profile Missing-In-Action person, arguably, was a private investigator named P Balasubramaniam, who had linked Najib and his wife Rosmah Mansor to the controversial murder of Mongolian translator Altantuya Shaariibuu.

More recently, three assemblymen – Mohd Osman Jailu, Jamaluddin Mohd Radzi and Hee Yit Foong – too disappeared and could not be contacted for days before suddenly re-emerging in a group to help Najib wrest the Perak state government from the Pakatan Rakyat.

The latest on the MIA list is Hilmi Malek, widely reported to be the ex-boyfriend of Bukit Lanjan assemblyman Elizabeth Wong.

Hilmi is alleged to have illegally circulated semi-nude pictures of Eli, a move that forced her to quit her state seat and executive councillor post, paving the way for Najib to regain control of Selangor state.

Growing distrust for federal institutions

Since losing big in the March 2008 general election, Najib and Umno have sworn to re-take the five states it lost to the Pakatan – Selangor, Penang, Perak, Kedah and Kelantan – no matter how high the stakes nor how far-reaching the consequences for the country’s economic future.

For example, rumours have been rife that Hee was offered RM25 million ringgit to leave the DAP to support the Umno-led Barisan Nasional. It has also been widely speculated that a budget of at least RM100 million was set aside to topple the Selangor state government.

Najib and his advises – former premier Mahathir Mohamad and ex-finance minister Daim Zainuddin – have also twisted the federal institutions to their advantage.

The most recent cases involved the Election Commission, which has incurred public scorn after two key decisions that many believed were clearly biased against the Pakatan.

Last Friday, the chief of Malaysia Anti-Corruption Commisson, too joined the Umno-organised fray to snap at the Pakatan. Discarding the cloak of discretion that he is duty-bound to wear, Ahmad Said Hamdan publicly discredited Selangor Menteri Besar Khalid Ibrahim.

Ahmad’s move – perhaps calculated to please Najib – was immediately condemned by civil society, amid growing fears that trust for institutions and all things related to the federal government was visibly wearing thin.

Anwar ticks off MCA, Chinese schools are not your sole domain

By Wong Choon Mei

In a move that underscores the fast-growing disenchantment of Chinese Malaysians with the MCA, parents have sharply rebuked the party for attempts to block Pakatan Rakyat leaders from visiting schools and threatening to withhold government funds to suppress dissent.

Opposition Leader Anwar Ibrahim ticked off the MCA for delay in disbursing RM120,000 of funds to the Sin Ming primary school in Puchong, that had invited him and Selangor Menteri Besar Khalid Ibrahim to officiate at the opening of a new four-storey classroom block over the weekend.

A long-time partner in the Umno-dominated Barisan Nasional coalition, the MCA has been spurned by Chinese voters for its slavish devotion to Umno’s cause, despite the latter’s increasingly racist and non-inclusive stance

“It is absurd and irresponsible on the part of the Deputy Education Minister to threaten schools in this manner and treat Chinese schools as part of the MCA outfit,” said Anwar. “Don’t condemn children just because you have lost support of the Chinese community.”

In an effort to damage-control, Deputy Education Minister Wee Ka Siong denied Anwar’s accusations.

“I told them about the need to verify the funding and that this would only be finalised in the first week of March,” Wee was quoted as saying in the media.

“There are certain procedures that we have to go through, like reviewing urgent items on the list that should be approved first.”

Parents, community unhappy with the MCA

Nevertheless, that has not stopped parents and other Chinese groups from lashing out at Wee and the MCA.

Even MCA veterans took their party to task. Like Umno, the MCA is well-known for offering financial aid or grants as a lever to swing votes especially at election time.

“No one should view education issues through a political lens,” said Sin Ming board chairperson Chai Yoon Peng.

Said a parent with two school-going children: “Education should be separated from politicking. Children should not be penalised just because a deputy minister from one party is against another party that sincerely wants to raise funds for a school.”

Another concerned member of the Chinese community said: “They should not use development funding as a weapon against a school as it would be detrimental to the education of children. All Malaysians pay taxes and everyone – including Chinese schools – are entitled to opportunities to expand infrastructure.”

Anwar led a team of Pakatan leaders – that included Khalid, Puchong MP Gobind Singh Deo, Abdullah Sani Hamid, Teresa Kok, Ronnie Liu and Yaakob Sapari – at the fund-raising campaign, which turned over RM350,000 for Sin Ming school over the weekend.

A pale shadow of its former self

The MCA, now led by president Ong Tee Keat, is a pale shadow of its former itself and has only 15 parliamentary seats to its name. Without patronage from Umno, it would have little power at all to represent or effect change for the community.

Earlier this month, Tee Keat was accused of trying to lure over Pakatan assemblywoman for Jelapang Hee Yit Foong to the BN, a move that has driven the wedge deeper between the party and the Chinese community not just in Perak, but also nationwide.

Hee’s decision to turn Independent and support the Umno-BN was seen as a betrayal of the community. The MCA-controlled media, in particular the Star, too has been criticised for its pro-Umno coverage.

The Star’s Sunday edition depicted Bukit Lanjan assemblywoman Elizabeth Wong in intimate poses and although the newspaper stated that models were used, Pakatan leaders have accused it of gutter journalism and insidious propaganda to turn public sentiment against the popular Eli.

“The MCA is supposed to represent the Chinese community and Eli is a maligned Chinese Malaysian leader who was victimized by gutter politicking. And yet now, you stab your own kind in the back just to make excuses for Umno,” said an irate Bukit Lanjan constituent.

Sivakumar: Police must stop investigations against Committee of Privileges

By SK English Team

Perak legislative Speaker V Sivakumar, who was questioned by the police for more than two hours, has called on them to cease all investigations against any member of the assembly over the suspension of BN Menteri Besar Zambry Kadir and six executive councillors.

In a statement issued after meeting four policemen from the Commercial Crimes Investigation Department at his lawyer’s office near in Ipoh, Sivakumar revealed that although he had co-operated, the police may have acted ultra-vires.

“It is my belief that any investigation by the police against any member of this assembly is a violation of existing laws and legal provisions of this country,” Sivakumar said.

According to him, the Legislative Assembly (Privileges) Enactment 1959 and Article 72 of the Federal Constitution gave absolute immunity to the Speaker and the Committee of Special Privileges from any civil or criminal proceedings.

It has been reported in the media that a total of 19 police reports were lodged against Sivakumar, who suspended and barred Zambry and his team from attending assembly sittings for between 12 and 18 months.

Another institutional failure

Police investigations were opened under Section 124/120B of the Penal Code. The offence under Section 124, which involves compelling an elected representative to refrain from exercising his lawful powers, carries a maximum seven years’ jail with a fine upon conviction.

Meanwhile, legal experts and Pakatan leaders have denounced the police action, saying it was yet another failure by a public institution to stay neutral and above politicking. Even former premier Mahathir Mohamad had scathing words for the onslaught of police reports.

Said Mahathir in his blog www.chedet.com: “If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?

“And this happens frequently. Will opposition members lodge police reports? If they can, then can we consider the police to have powers over the Parliamentary Speaker?”

The Bar Council too had issued a statement last week, saying that Sivakumar’s action could not be challenged in the courts.

“Regardless of whether the correct procedure was followed by the Speaker and the Committee of Special Privileges, under Article 72 of the federal constitution their conduct and the validity of their proceedings may nevertheless be outside the jurisdiction of the courts,” said Bar Council president Ambiga Sreenevasan.

Explained human rights lawyer Malik Imtiaz Sarwar: “This incident highlights the separation of powers between the executive and the legislature. While the Menteri Besar may be the single most powerful person in the executive, in the legislature, it is the Speaker who is in charge.”

Soi Lek ‘re-investigated’ by police, supporters and civil society slam ‘gutter politics’

Wong Choon Mei

MCA deputy president Chua Soi Lek is the latest politician in Malaysia to fall victim to gutter politics – and for the former Health Minister, this is the second time too.

“I told the police it is the same tape as I have identified in January last year,” Soi Lek said in a statement issued this afternoon. “I will give my fullest cooperation to the police.”

Despite resigning all posts early last year after the tape first surfaced, the capable Soi Lek still managed to swing enough support to win the second highest post in the MCA.

And this despite a public chiding from an antagonistic president, Ong Tee Keat, during party polls last October.

But will Soi Lek’s supporters still back him this time, when the police are ‘re-investigating’ the tape.

According to him, his political foes were trying to continue “to discredit me, to threaten and cow me into silence”.

Speculation has been rife that his camp was planning to oust Tee Keat by tabling a vote of no-confidence against the latter, who has made himself unpopular with his pompous ways.

“I don’t understand why there must be a re-investigation if it is the same tape. It just goes to confirm again ‘Malaysia Boleh!’. Anything can happen as long as you have the right political pull,” said a political analyst.

Said Ramon Navaratnam, president of Transparency International: “We must not allow ourselves to get into this kind of morass, otherwise foreign investors will get put off from coming here to invest.

“If the politicians do not desist, then this morass will deepen and it will not be just political but also social, because the institutions are now becoming involved. This has to be resolved quickly.”

Umno and MCA – a growing spring of gutter politics

According to news reports, Selangor Criminal Investigation Department chief Hasnan Hassan said that police were investigating the sex DVD under section 377(A) of the Penal Code.

Not only will the police be going after those who circulated the tape, but they may this time charge Soi Lek, who if found guilty can be jailed for up to 20 years.

The scandal resurfaced two weeks ago after a Kelana Jaya resident discovered in his mailbox an envelope containing a DVD and a letter, which instructed the recipient to lodge a police report after watching the video.

The video, which featured Soi Lek and a woman having sex in a hotel suite, first emerged in Johor in December 2007.

“I am sure that there are many people who are afraid of the reshuffle in MCA, and they are the ones who will want to sabotage my career by reminding the public of my past mistakes,” said Soi Lek.

Said Tian Chua, information chief of KeADILan: “This is quite obviously a malicious act to kill Soi Lek’s political comeback. Nobody likes a person who cheats on his partner, but nobody likes dirty, gutter politics either. My sense is the Malaysian public is fed up of this sort of deceitful, below-the-belt type of mentality.

“I won’t be surprised if the lash-back is greater against Tee Keat rather than Soi Lek.”

Dodgy accounts in Selangor investment arm

By Neville Spykerman

SHAH ALAM, Feb 23 — The state investment agency Permodalan Negeri Selangor Berhad’s (PNSB) chief executive and finance manager have been asked to go on leave following the discovery of irregularities in the company’s financial accounts.

In a statement, the Selangor state Government said the company’s chief executive Datin Khairiyah Abu Hassan and finance manager Nora Azmin Radzuan have been given 30 days paid leave to facilitate investigations.

The decision was made by PNSB’s board of directors.

PNSB is a wholly owned subsidiary of the Selangor state government and the irregularities and weaknesses in the financial accounts was detected by Menteri Besar Tan Sri Khalid Ibrahim

Khalid is the chairman of Selangor Menteri Besar Incorporated, the parent company of all state subsidiaries.

Among the discrepancies are PNSB’s declarations to the Internal Revenue Board and the sale and purchase of real estate in Mekah between 2006 and 2007.

The Malaysian Insider has learnt that perks and bonuses of previous top officials of PNSB’s were not declared to the IRB.

Suspected use of threats, blackmail & revenge by mca against school that invite Pakatan leadership

No threats, no blackmail, no revenge – it was just plain bureaucracy behind the Education Ministry’s ‘delay’ in approving emergency funding for SJK (C) Sin Ming in Puchong.

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Deputy Education Minister Wee Ka Siong, elaborating on his comments yesterday, said the first meeting with the school board had been held on Feb 11.

“I told them about the need to verify funding (needs) and that this will only be finalised in the first week of March,” he said when contacted.

“There are certain procedures that we (the ministry) have to go through, like reviewing urgent items on the list that should be approved first.”

He pointed out that boards of other schools have also submitted similar applications for funds, and that it takes time to process such requests.

Sin Ming board chairperson Chai Yoon Peng had claimed that Wee – at a recent meeting at his ministry – had shown a letter of approval for emergency funds amounting to RM120,000.

It was also alleged that Wee told the board-members that payment would be held back just in case any ‘issues’ arise.

This triggered suspicion that the ministry was holding the school to ransom over its decision to invite Selangor Menteri Besar Khalid Ibrahim and other Pakatan Rakyat leaders to the opening of a four-storey building and a fund-raising event held yesterday.

Some in the Chinese community were still not convinced with Wee’s explanation on the basis that previous MCA leaders had politicised Chinese education, using development funding as leverage to gain support.

MCA grassroots veteran Fong Ah Seng, confirming this, said: “The truth is that, in the past, MCA leaders including those holding posts in the Education Ministry had either raised funds or allocated government funds to Chinese schools for political purposes, especially before a general election or during by-elections to capture Chinese votes.

“In this case, if the allegation is true, it is not wise to hold a school to ransom politically. How would local residents feel about the party?”

Fong noted that the Selangor government under Pakatan had made a brilliant move in making inroads into the community by helping to raise RM350,000 at yesterday’s event.

‘Don’t politicise education’

A parent with two children studying in a Chinese school said he is against education being politicised.

“Education should be separated from politicking. Children should not be penalised just because a deputy minister from one party is against another party that sincerely wants to raise funds for a school,” he said.

Graduate Goh Su Yen, 28, said children should not be caught up in problems caused by politicians.

“They should not use development funding as a weapon against a school as it would be detrimental to the education of children. All Malaysians pay taxes and everyone – including Chinese schools – are entitled to opportunities to expand the infrastructure ,” she said.

“Why take it out on the school and pupils just because they have invited the legitimate Selangor government to grace an event? Politicians can sometimes do  embarrassing things – they should learn from children.”

DAP parliamentarian Tony Pua said Wee had previously told Parliament that there is nothing wrong in opposition elected representatives visiting schools.

This clarification had come in the wake of Subang Jaya assemblyperson Hannah Yeoh being denied entry to a school in her official capacity.

“Wee also said his ministry has not issued circulars, guidelines and rules to prevent such visits by opposition leaders,” he added. Mkini

Racial vs racist semantics in the House

hen M Kulasegaran (DAP-Ipoh Barat) took a dig at Umno in relation to a blog-posting that appears to threaten the life of Perak assembly speaker V Sivakumar, he was instantly shouted down in the House.

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After reading out the contents, Kulasegaran accused Umno of being “racist”.

He also questioned why there has been no action on a police report lodged by Pakatan Rakyat Youth wings against the pro-Umno Mykmu.net – the blogspot where the posting appeared.

Azmi Khalid (BN-Padang Besar), Mohd Puad Zarkashi (BN-Batu Pahat), Lilah Yasin (BN-Jempol) and Jamaluddin Jarjis (BN-Rompin) were incensed by his remark about Umno.

“He is just protecting the interests of his race by hurting the feelings of another race. He is reading out a poison-pen letter in the interests of his own race! Retract your racist statement!” Jamaluddin shouted.

Kulasegaran denied that he was speaking along racial lines and challenged BN MPs to stand up and condemn the death threat to Sivakumar.

But Mohd Puah and Lilah  were not appeased and insisted on the “racist” remark being retracted.

Deputy speaker Wan Junaidi Wan Jaafar  interjected and told Kulasegaran to withdraw the statement, explaining: “It is okay if you use the term ‘racial’, but not ‘racist’.”

“But both words mean the same to me,” Kulasegaran said, before withdrawing his statement.

He, however, received support from Pakatan colleague Dr Hatta Ramli (PAS-Kuala Krai), who pointed out that the blog-posting was “obviously written by an Umno supporter”.

Kulasegaran had the last word: “That’s why I asked the MPs to condemn this incitement to murder. But they do not want to do so, which means they support it.” Mkini

Child Porn Scandal: Has MACC’s Ahmad Said’s impartiality been compromised to protect his son?

Two things I pretty much stay away from blogging about – people’s families, and people’s sex lives. You’ll never see pictures of the sexy exploits of politician’s sons on Jelas (though perhaps, that’s more due to jealousy than anything else, haha).

I thought about it though, and in this case, I think it is in fact in the national interest – due to a question that needs to be answered (see below).

After making enquiries, I’m pretty sure that MACC Chairman, Ahmad Said – the man who is wrongfully and prejudicially intent on declaring Tan Sri Khalid Ibrahim guilty before proper prosecution takes place – has a son named Ahmad Shauqi.

It turns out, Ahmad Shauqi is a pilot who was recently found guilty in Australia for bringing child porn into the country (I suspect that the website referred to him as ‘Ahmad Said’ because they thought that that was his surname).

Whether he was really smuggling child porn, or whether he was simply the victim of that ridiculous amounts of spam we all get and unfair targeting by Australian authorities is outside the scope of this blog’s speculation.

I also think that the Malaysian police are supposed to conduct their own investigation and prosecution into this case. Apparently, this police investigation and prosecution never took place.

It’s this last bit that raises serious questions that take this out of the personal/family sphere, and into the public sphere.

As a public official, Ahmad Said must be free of any aspersions that suggest an inability to carry out his duties freely, fairly and independently.

Should Ahmad Said have a son who seems to have “escaped” criminal proceedings here in Malaysia, I think we cannot say that Ahmad Said is in a position to enjoy full public confidence.

After all, it then becomes reasonable for us to question: Has Ahmad Said been coerced into pursuing only selective MACC prosecutions against certain parties in return for having his son granted immunity from criminal prosecutions?

I wish to emphatically state once again that I have little interest in sullying Ahmad Shauqi’s name, in his alleged crime, and especially in connecting whatever his misdeeds may or may not be to his father. I am not interested in Ahmad Said’s parenting abilities, or the moral integrity of the rest of his family.

I am however, forced to take an interest in the ability of Ahmad Said to fulfill his duties as a public official impartially. Should he fail in this task, then it falls to us as the public to investigate all the possible reasons why. Unanswered questions will only cast further aspersions into the integrity of the already sullied MACC.

Update 4.30pm – A commentator reminded me to include something I meant to originally: If Tan Sri Khalid is indeed guilty of corruption, then there is no excuse not to prosecute him as the law calls for. I just really hope that the same exacting standards will be applied stringently to all, whichever side of the political divide they are on.

Nat Tan

Cops probe Soi Lek for alleged oral sex: A Selected prosecution?

One year after Dr Chua Soi Lek’s

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sex DVD scandal led to his resignation from party and government posts, the MCA deputy chief is now being investigated for allegedly performing oral sex.

Selangor Criminal Investigation Department chief Hasnan Hassan, when contacted by Malaysiakini today, said that the police are investigating the sex DVD under section 377(A) of the Penal Code.

Section 377(A) covers carnal intercourse against the order of nature, which states that “a person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to committed carnal intercourse against the order of nature.”

The punishment is imprisonment for up to 20 years, as well as whipping, upon conviction.

Hasnan said that the police are also going after those who distributed the sex DVD, and ttaht his will be done under section 292 of the Penal Code, which covers the distribution of pornography.

Those found guilty shall be punished with jail term of up to three years and/or fine.

In connection with the investigation, Chua gave a statement at the district police headquarters at Petaling Jaya at 10.30am today.

When confronted by reporters, he refused to comment on the matter. He merely said he was “visiting an old friend”.

However, in a four-paragraph statement issued in the afternoon, Chua, 61, said he went to the police station “to identify a tape following a police report lodged by a resident of Petaling Jaya recently”.

“I told the police it is the same tape as I had identified in January last year… I will give my fullest cooperation to the police,” he said.

He also said that there was an attempt by some quarters to revive the sex tape to continue “to discredit me, to threaten and cow me into silence”.

Rumours have been circulating that Chua’s faction will call for an extraordinary general meeting of MCA to remove president Ong Tee Keat through a vote of no-confidence.

It is believed that the redistribution of the DVD is being seen as a way of keeping Chua at bay.

Resident receives DVD in mailbox

The sex scandal resurfaced on Feb 10 after a Kelana Jaya resident discovered in his mailbox an envelope containing a DVD and a letter.

The letter instructed the recipient to lodge a police report after watching the video.

Upon watching the DVD, the resident realised that the DVD was a pornographic video and proceeded to make the police report.

The video, which features a couple having sex in a hotel suite, had first emerged in Johor in December 2007.

After initial denials and media speculation, Chua admitted to being the man in the video on Jan 1, 2008, and thereafter resigned from all his posts, including that of health minister and vice-president of MCA.

Although he staged a comeback last October to win the post of deputy president of MCA, it is believed that he will not be able to resume a ministerial post because of his tainted past.

“I am sure that there are many people who are afraid of the reshuffle in MCA, and they are the ones who will want to sabotage my career by reminding the public of my past mistakes,” Chua told a Chinese daily.

While he did not name his rivals, among them is believed to be his estranged boss, MCA president Ong.

Over the past few months, Ong has been trying hard to sideline his deputy.

Kugan’s spirit ‘lives on’ in the House

One month has passed since the controversial death of 23-year-old car theft suspect A Kugan in police custody, but his spirit still lingers on in Parliament today as a BN MP stood up in protest over the issue.

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Abdul Ghapur Salleh (BN-Kalabakan) has expressed his disappointment over the investigation into Kugan’s death as no one from the police force has been charged so far.

He stressed that an independent inquiry should be set up to investigate the police officers who are alleged to be involved in the case.

The independent inquiry, he explained, could be set up by anybody as long as it runs impartially and is not bias in favour of the police.

“We cannot defend the police who are criminals. Even if the Indian boy (Kugan) was a criminal, it was not up to the police to punish him,” the outspoken MP told the House during his Royal Address speech.

Abdul Ghapur also expressed his dissatisfaction over the police investigations into two deputy ministers – SK Devamany and T Murugiah. The two were investigated over the “barge-in” at the mortuary last month.

“They were there to help the family and also to express their sympathies, but why were they investigated? Police are the ones who should be investigated here!

“If I knew about it (Kugan’s custodial death) in the first place, I would have joined them!” exclaimed Abdul Ghapur.

Severe lacerations on body

Kugan who was first arrested on Jan 15 for suspected involvement in the theft of luxury cars in Sungai Chua, Kajang, died at the Taipan police station in Subang Jaya five days later.

A video clip taken at the Serdang Hospital mortuary revealed severe lacerations on the body of the deceased, prompting the family to allege foul play.

The incident also sparked off a huge public outcry with various quarters, including political parties holding demonstrations.

Following this, the attorney-general re-classified the case as murder and 11 police personnel were reassigned to desk duty. Selangor chief police Khalid Abu Bakar was also called to give statements pertaining to the matter.

Met later in the lobby, Abdul Ghapur said the government would have to pay a big price if it does not do something to solve the matter.

“Otherwise, the next (political) tsunami will sweep us all,” he said, adding that people would start losing confidence in the police force and the BN government would lose the federal government in the next general election.

When asked as to why Kugan’s custodial death has got his attention rather than previous similar cases, Abdul Ghapur said Kugan’s case was such a “high-profile” one that it was constantly highlighted in the media.

“We also want the police to behave. So, we must have an independent investigation and the investigator must report the outcome to the public,” he said.

Abdul Ghapur further agreed that the Independent Police Complaints and Misconduct Commission (IPCMC), as recommended by the Royal Commission “would be the perfect body” in investigating such cases in the future.

S’gor water assets: Malicious attempt to stop Pakatan from helping the people

Pakatan Rakyat parliamentarians on the Selangor Water Review Panel have blasted the National Water Service Commission (Span) for ‘sabotaging’ the state’s bid to acquire privatised water assets and treatment plants from the concessionaires involved.

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On Feb 13, the Selangor government had offered RM5.184 billion to Puncak Niaga Sdn Bhd which owns 70 percent of Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) and Syarikat Pengeluar Air Sungai Selangor Sdn Bhd (Splash).

The state also reportedly offered RM5.7 billion to take over the complete assets of Puncak Niaga, Syabas, Splash and Konsortium Abass Sdn Bhd (Abass). However, market analysts described the quantum as too low and unreasonable.

Span’s chief operating officer Teo Yen Hua then announced that the federal government would negotiate directly with the four concession companies on Feb 18. The statement, made two days before the water concessionaires were due to respond to Selangor, led to rejection of the bid.

“Instead of supporting the state’s offer, Span intentionally threw a spanner in the works to sabotage the state’s attempt to deliver the lowest possible water tariff to the people,” alleged Tony Pua (right), the DAP parliamentarian for Petaling Jaya Utara.

At a press conference in the Parliament lobby, he said Span’s intervention has “single-handedly destroyed any likelihood of a positive response from the concessionaires to the state government”.

“We would like to call upon the Minister of Energy, Water and Communications to explain the actions of his ministry in sabotaging our efforts.”

He also said the ministry should allow Selangor to lead the discussions and not jeopardise efforts to enable consumers in Selangor, Kuala Lumpur and Putrajaya to pay a lower tariff.

If the federal government acquires these assets and concession at the same or lower price than what Selangor has offered, then “we will not only agree to let the federal government lead the negotiations but will also give the ministry our full support and cooperation”, Pua added.

The other MPs on the review panel are Charles Santiago (DAP-Klang), William Leong (PKR-Selayang) and Dzulkefly Ahmad (PAS-Kuala Selangor).

Situation has turned ‘bizarre’

Dzulkefly pointed out that the Selangor government had started the exercise with good intentions, and that no one had expected the situation to turn this “bizarre”.

“If they (the federal government) pay a higher price, it will (have consequences) for consumers and taxpayer, as it will translate into a higher water tariff… therefore, we advise the government to be prudent and not to be unscrupulous,” he said.

Santiago revealed that there has been talk that the federal government is looking to offer RM9 billion to the concessionaires for the water assets.

“We have done enough consultations and have studied all the documents (long enough) to say that offering RM9 billion at a time of (economic) crisis will constitute a bailout for the concessionaires,” he said.

Santiago also highlighted the National Audit Department’s report on apparent irregularities in Syabas which allegedly has not fulfilled requirements stipulated in the concession agreements.

He criticised Span of acting in bad faith, saying that the commission should have not interfered in Selangor’s negotiations and that it should play a fair role as a regulator.

He also warned that as the state government still owned 80 percent of the water assets and was a counter-party to the agreements, Selangor will not concede with the federal government’s offer if the terms are too high.

Pakatan to block BN access to Perak coffers

The ousted Pakatan Rakyat government in Perak will convene a special state assembly sitting soon to block Barisan Nasional’s (BN) use of public funds for administration of the state.

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Speaking to reporters in Parliament today, Perak DAP secretary Nga Kor Ming said this is because the BN government that has been sworn in is an “illegal and unconstitutional” entity.

“We do not rule out the possibility of tabling an emergency motion that the BN government is unconstitutional. Therefore it cannot be given any public funds for its administration,” said Nga, a member of the state executive council that has been replaced.

While the Perak palace has been approached to consent to the special sitting, the date has yet to be fixed.

The only way to resolve the constitutional crisis, Nga reiterated, is by dissolving the state assembly and holding fresh elections.

State assembly speaker V Sivakumar, in a shocking move, has barred BN Menteri Besar Zambry Abdul Kadir and his six exco members from entering the state assembly for a period ranging from 12-18 months.

The disciplinary action was taken after the seven had allegedly failed to respond adequately to a complaint that they were in ‘contempt of the state assembly’ for having taken up their posts.

Given the situation, BN now has only 21 ‘active’ assemblypersons instead of 28, while Pakatan has 28 in the House. Three other representatives are BN-friendly Independents.

Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN has yet to convene the state assembly to replace him with one of its own.

BN is ‘desperate’

In a related development, Nga described the BN as being “so desperate” about its political position that it has been forced to seek the help of its ‘mother country’ – the United Kingdom, which ruled Perak from 1874-1957.

He said this in response to Malaysiakini’s report that Umno is seeking the opinion of a Queen’s Counsel on constitutional issues related to BN’s takeover of the Perak government.

This shows, said Nga, that Perak Umno still “looks to the UK for help and consolation when it is in trouble and distress, like a baby crying for its mother – this baby is now almost 52 years old”, said Nga, a trained lawyer and MP for Taiping.

“This also shows that (Perak Umno) does not understand that Malaysian constitutional law is to be interpreted by Malaysians.”

Pakatan in Perak is confident that there are enough Commonwealth and local case laws that will vindicate its actions, instituted to “protect and defend the rights of people in Perak”, Nga said.

“This is done under the doctrine of constitutional supremacy and not parliamentary supremacy as practised by the United Kingdom.”

Both Pakatan and BN have been involved in one-upmanship since the state government collapsed on Feb 5, after four representatives left the Pakatan team. The state has since been embroiled in one crisis after another. Mkini

Anwar woos big crowd in Bintulu

A huge crowd of about 4,000 from in and around the Bintulu area in northern Sarawak turned up and braved the rain to listen to PKR de facto leader Anwar Ibrahim at a weekend gathering in an inland resort just outside Bintulu town.

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The parliamentary opposition leader and former deputy prime minister was clearly moved by the spirit shown by the crowd.

The mostly Dayak participants had travelled from far and near within Sarawak to attend the dinner gathering organised by the Dayaks of the northern region and PKR.

They stayed throughout the event in soaking rain without anyone going away throughout the night.

Anwar also did not disappoint them with his classic rhetorics, saying that Bintulu represented the Pakatan Rakyat’s fortress with the people in the mood for change.

But at the same time he acknowledged the formidable task ahead to unseat the state Barisan Nasional government.

Organising chairperson Munan Laja told Malaysiakini today that the crowd was estimated at about 4,000, with about 20 percent being non-bumiputeras.

The line of cars parked on both sides of the road at Mile 11, Bintulu-Sibu road, was five kilometres long.

The Pakatan leader said: “When people ask me if there is any hope for PR in Sarawak, I said I don’t know about the hope but what I know is I will work and leave the rest to God.

And what I know is that if Sarawakians do not want to change, their lands, their future and their children’s future will be at stake.”

150 longhouses but only six with power

To reinforce Anwar’s point, Munan, a former Parti Rakyat Sarawak (PRS) leader and former Sibu councillor, said: “Look at my area Katibas which has a population of 50,000 people, mostly Iban, and for 45 years after Independence what have we achieved? There are 150 longhouses in Katibas but only six has electricity!”

He spoke about the growing uneasiness among the rural population regarding the exploitation of NCR lands and the lack of rural development, saying it was time for Sarawakians to throw out the BN government and replace it with a Pakatan government.

Another former PRS leader, Beginda Minda, a former close ally of PRS president and state minister Dr James Masing, lashed out at Chief Minister Abdul Taib Mahmud and Deputy Chief Minister Alfred Jabu for their policies, especially on NCR land.

“Such policies have caused the Dayaks to lag a lot behind other communities in the state.”

DAP Kidurong state assemblyperson, Chiew Chin Sing, who is also state DAP deputy chairperson, said he regarded Anwar as the leader of Pakatan who could lead the coalition to victory in the next general elections.

Pakatan to table vote of confidence in Nizar, Umno rushes for legal advice in London

The best people to ask are here – the people of Perak. Only they have the right to answer the burning question of how to break the political standoff in their state …

By Wong Choon Mei

Pakatan Rakyat will table a vote of confidence for Menteri Besar Nizar Jamaluddin, a move that can pave the way for the coalition to return to power in Perak and which has sent his rival Zambry Kadir’s political party – the Umno-Barisan Nasional – scrambling for legal advice in London.

“We will table the motion of confidence and see who will get the majority,” Nizar told reporters. “Umno is afraid of losing as in Permatang Pauh and Kuala Terengganu. That is why they are seizing power.”

According to news reports, Umno has already sought out a top Queen’s Counsel for advice on a way out of the constitutional mess in Perak, created by its incoming president and Deputy Premier Najib Abdul Razak.

But political analysts are unimpressed by the Umno move, warning it could be just another ploy to mask more drastic measures to come, including emergency rule.

“They should save the air-fare and legal fees. The best people to ask are here – the people of Perak,” said a political analyst.

“It is so strange that you need travel thousands of miles and spend millions of pounds over an issue that no matter who from London or wherever says what and why – only the Perak people have the right answer to.”

Nizar, who shifted out of his official residence today in accordance with an eviction notice served by Zambry’s party, said the Speaker of the Perak state assembly, V Sivakumar, will soon seek consent from the Perak Sultan to convene a sitting of the legislature.

If the Sultan agrees to the sttting, the Pakatan would have the upperhand. It currently has 28 state seats, versus Umno-BN’s 21 following last week’s suspension of Zambry and six executive councillors by the Committee of Special Privileges for contempt of house rules.

Said Nizar: “Umno is now terrified and worried. Shifting out of the official residence today is not a sign of conceding. Let me make that plain and clear. We are only leaving the residence because of the rules and regulations.”

Instability resulted because of injustice

The Umno-led BN and the Pakatan are locked in a white-hot battle for control of the north-eastern state, the second largest in Peninsular Malaysia, which has a mixed population of Malays, Chinese and Indians.

Earlier this month, the Malay-based Umno launched a power grab for the multi-racila Pakatan-run state government. The Perak Sultan agreed to transfer power directly to a line-up backed by Najib, instead of heeding Nizar’s plea to allow a snap election and return the mandate to the people.

Just before the Feb 5 coup-de-tat, Pakatan had 32 seats in the legislative assembly versus Umno’s 27. On the day the Sultan agreed to Najib’s proposal, the score was 28-28, with the status of three Pakatan assemblymen already in question and being challenged at the Ipoh High Court.

An independent survey carried out by the highly-respected Merdeka Centre on Feb 8 has showed that 62 percent of Perakians believed their Sultan ignored and trampled on their democratic rights to choose their own leaders.

The poll also showed that 74 percent of Perakians wanted snap elections, 76 percent also believed it was “the people through elections” who should decide who forms the government in Perak, while 68 percent said the resulting crisis was best resolved by either holding three by-elections or state-wide polls.

Another injustice that grated on the Perakians was that only one out of the 28 Umno assemblymen was non-Malay, a reason for the latent but yet potent dissatisfaction among the Chinese and Indian Perakians.

QC eye-wash, bracing for drastic measures

Still despite the onslaught of negative feedback both nationally and internationally, the Perak Sultan and Umno-led BN have stubbornly turned a blind eye on the situation which has festered, forcing the Pakatan and Nizar to take their battle to the courts.

Nizar is suing Zambry in his personal capacity, challenging his appointment as Menteri Besar by the Perak Sultan.

Additionally, the Speaker last week suspended Zambry and his exco team for contempt after they failed to answer before the Committee of Special Privileges complaints that they had taken over the state government through unconstitutional means.

Meanwhile, Umno people have leaked out news that they are trying to get top-notch and independent legal advice on the matter.

Said the political watcher: “Face it, can anybody trust Umno or BN anymore? They really have a credibility problem. Going to the Queen’s Counsel is just another show.

“Do you really think Umno needs any foreign legal expertise to win any case in Malaysia. There is already cut-and-dry evidence of rampant judge-rigging by top Umno leaders, and this is backed up by our own Royal Commission of Inquiry. To me, this is another eye-wash, another attempt to damage control.”

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Suara KeADILan has appended below a letter from Shad Saleem Faruqi, a Professor of Law at UiTM, to shed further light on the complex legal issues involved in Perak crisis

Legal turmoil over Perak defections – Reflecting On The Law

THERE is a constitutional impasse in Perak. The descent into naked and unprincipled struggle for power was triggered by the defection of a Barisan Nasional Assemblyman to Pakatan Rakyat and an immediate four-stroke counter-punch by the BN.

What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions – the Sultanate, the Election Commission, the Anti-Corruption Commission, the public prosecutor and the police. Despite this damage, the root cause – the despicable phenomenon of party hopping – remains unaddressed. Let’s examine some of these issues.

Defections: The “right” to switch parties in midstream is based on Article 10(1)(c) of the Federal Constitution which guarantees freedom of association.

However Article 10(2)(c) permits Parliament to restrict this freedom in the interest of security, public order and “morality”.

In the 80s the governments of Kelantan and Sabah passed anti-hopping laws to curb this right on the ground of morality.

However, in the Nordin Salleh (1992) case, the Federal Court declared that the anti-hopping law was unconstitutional on two grounds. First it was passed by the wrong legislature. Second – and this was most unconvincing – that the term “morality” does not cover political morality.

I believe that party hopping by an Assemblyman after his election on a party ticket amounts to a fraud on the electorate.

There are three possible ways of taming this turpitude. First, a constitutional amendment to Article 10 by a bi-partisan two-thirds majority should be attempted.

A second way could be for Parliament to enact an ordinary Anti-Defection Law and to enforce it immediately.

If and when the law is challenged on the Nordin Salleh precedent, vigorous arguments could be proffered to invite the Federal Court to overrule its prior, indefensible ruling.

One possible way of expediting the overruling of this bizarre decision is for the King to refer the issue to the Federal Court under Article 130 to seek an advisory opinion on the interpretation of the word “morality” in Article 10(2)(c).

A third way of enacting an anti-defection law would be to promulgate an Emergency Ordinance under Article 150. In the case of Stephen Kalong Ningkan (1968), the Privy Council ruled that “emergency” includes “collapse of civil government”.

Without doubt, defections bring about the collapse of civil government and an Emergency Ordinance would be legally, morally and politically justifiable.

Resignation letters: The legality of the undated resignation letters from the two Pakatan Rakyat defectors is at the heart of the constitutional imbroglio in Perak.

The Speaker of the Perak Assembly accepted the validity of the letters and issued a notice to the Election Commission. In favour of the Speaker’s view, it can be stated that in the UK it is part of the privileges of parliament to determine questions relating to casual vacancies in the House.

The decision of the House is generally regarded as final. Also, Article 35 of the Perak Constitution permits a member of the Assembly to resign “by writing under his hand addressed to the Speaker”.

The problem is that the two hoppers denied that they wrote to the Speaker. There is also a relevant judicial decision. In 1982 the validity of open-dated resignation letters was rejected by the High Court in the Sarawak case of Datuk Ong Kee Hui v Sinyium Mutit.

In the light of this decision and the denial by the two defectors, the Election Commission had some basis to make up its own mind and to declare that the seats had not fallen vacant.

Perhaps the safest thing was to seek a quick Federal Court decision on the interpretation of the Perak Constitution. The Perak Constitution in Articles 63-64 admirably provides for such a course of action. Regrettably, the parties to the dispute and the Sultan did not adopt this course of action.

Dissolution: Under the Federal and state Constitutions, the Sultan has an undoubted discretion, guided by his own wisdom and the broader interest of the state, to refuse a request for premature dissolution. We have examples from Kelantan and Sabah where such requests have been refused.

Confidence of the Assembly: Having been appraised that Pakatan Rakyat had lost the confidence of the Assembly, Tuanku Sultan was faced with many difficult choices. First, he could have prorogued the Assembly pending a court decision on the validity of the hoppers’ resignation letters and the question of vacancies.

Second, he could have asked the antagonists to face the Assembly and prove their support in accordance with usual parliamentary traditions. I am of the view that if an Assembly is in session, or can be quickly brought to session, it is its right to determine the question of confidence and no one should usurp this power nor should factors outside the Assembly be taken into consideration in determining the question of confidence.

Article 16(6) of the Perak Constitution is not crystal clear as to how it is to be determined whether the Mentri Besar has ceased to command the confidence of the majority of the members of the Assembly but there is a 1966 Sarawak judicial decision in Stephen Kalong Ningkan v Tun Abang Hj Openg Tawi Sli that the Governor cannot dismiss a Chief Minister unless he is voted out by the Assembly.

In Perak, however, Tuanku took it upon himself to shoulder the lonely burden of determining who commanded confidence of the assembly. He took pains to interview all four defectors and to hear out the Mentri Besar and Datuk Seri Najib Tun Razak more than once.

The Sultan paid heed to the EC decision that there were no vacancies. Undoubtedly he was also influenced by the Speaker’s threat that the Speaker would not allow the defectors to enter the Assembly to participate in the confidence vote.

Dismissal of Mentri Besar: The Constitution of Perak in Article 16(7) states that a member of the Executive Council other than the MB shall hold office at the Sultan’s pleasure. This implies that an MB cannot be dismissed except by a vote of no confidence in the assembly.

The problem is Article 16(6) states that if an MB loses confidence then he has two choices. First, advise dissolution and second, if that request is denied, then resign. There is a lacuna in the law. What if an MB loses the confidence of the Assembly, is denied dissolution, but refuses to step down?

Can the Sultan dismiss him? It is submitted that life is always larger than the law. There are always unchartered territories. If an MB who has lost confidence, and is refused dissolution, is shameless enough not to walk away, then the Sultan would be justified in dismissing him, Article 16(7) notwithstanding.

But in Perak this was not the case. The question of losing confidence was not constitutionally investigated. There are many triable issues and the courts must accept the gauntlet.

Treason: Opinions are being expressed that to defy the Sultan and to threaten to go to court for defence of one’s legal rights amount to treason and a ground for deprivation of citizenship. There are fundamental misunderstandings here.

From day one of Merdeka, the King and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away.

In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do, if one has a claim?

‘MB didn’t order cows and it’s his Lexus’

The Pakatan Rakyat has hit out at corruption allegations against one of its leaders who is accused of misusing public funds to maintain his luxury car and to buy cattle for a Muslim feast.

MCPX

Selangor Menteri Besar Khalid Ibrahim was investigated by the Malaysian Anti-Corruption Commission (MACC) after complaints were filed by a ruling party leader.

The MACC was quoted in weekend reports as saying it had found “good and strong” evidence against Khalid and would recommend that he face prosecution.

“We have completed investigations and we are satisfied that there are elements of abuse of power on the part of the Selangor MB,” MACC chief Ahmad Said Hamdan said.

Khalid is accused of spending taxpayers’ money to buy 46 cows that were slaughtered and distributed in his constituency during the Hari Raya Korban festival last December.

He was also reportedly accused of using funds belonging to state-owned firms to buy a Lexus SUV worth nearly RM1 million, and maintaining it at government expense.

Khalid has denied all the charges.

MACC’s findings under fire

His lawyer Sankara Nair dismissed the MACC’s findings, which he said were “unjustified and appeared to be motivated by political consideration”.

“The cattle purchase was never ordered by Khalid personally,” Sankara (left) told AFP on Sunday.

“The Lexus is his own personal car which he was using even before he became the menteri besar, while the maintenance expenses for official purposes were all approved by the state,” he added.

The MACC’s findings came under fire from opposition politicians who questioned the commission’s motives in revealing details of the probe even before the attorney-general decides whether there is a case against Khalid.

“The law is clear. It states that a person is innocent until he is proven guilty,” said DAP leader Karpal Singh.

The broadside against Khalid is the latest political drama in Malaysia in recent weeks, after the Barisan Nasional coalition seized control of Perak, one of the opposition states.

- AFP

POLITICS-MALAYSIA: Opposition Loses Perak, Claims Moral Victory

By Anil Netto

IPOH, Perak, Feb 10 (IPS) – During a tense press conference, in the midst of the current constitutional crisis in this state, peninsualar Malaysia’s second largest, a reporter’s MP3 recorder/handphone began ringing.

The embattled chief minister Mohd Nizar Jamaluddin asked the reporter to pick up the phone and pretended to answer it. “Hello? Oh it’s Barack Obama, thank you, thank you, thanks for your support. I appreciate that, Mr President. I think you are wonderful.”

The reporters burst out laughing.

Nizar’s relaxed demeanour belies a steely determination as he engages in a battle of wills that has pitted him against the country’s Deputy Prime Minister Najib Razak and the monarch of Perak, Sultan Azlan Shah.

A member of the Islamic Party, PAS, one of three parties in the Pakatan Rakyat (PR or People’s Alliance) coalition, Nizar has quickly won widespread admiration that cuts across ethnicity and religious lines for his open and non-racial approach and his fiscal discipline in managing the state’s budget.

Dramatic scenes unfolded last week as a series of defections among state assembly members from the coalition government that Nizar leads threw the state into political turmoil.

The federal ruling coalition, the Barisan Nasional (BN) or National Front, has been attempting to dislodge the PR coalition government that has led Perak since last March’s general election with support from the Sultan.

On Tuesday the BN, led by Zambry Abdul Kadir, began the process of forming a new government with the PR continuing to challenge its legitimacy.

When Nizar, accompanied by his state executive council members went to the state secretariat, in a business as usual way, he found his path barred by riot police.

Nizar has so far refused to resign as chief minister and the Sultan has turned down his advise that the state assembly be dissolved and fresh elections called to resolve the impasse. Nizar has maintained that the BN government is illegal and that the Sultan has no constitutional right to dismiss him.

Sentiment on the ground can be gauged form the fact that last week, as Zambry was being sworn it at the state palace, about 5,000 worshippers outside a mosque 300 metres away blocked the road to the palace and demanded that the state assembly be first dissolved and fresh elections called.

The crisis was triggered when three state assembly members, two of them facing corruption charges, defected from the PR, overturning the state government’s slim majority. A fourth assembly member had earlier defected from the BN to the PR but later hopped back to the BN.

With that, the current status of the house is 28 PR members, 28 BN members – and three independents, who are pro-BN. On Thursday, the Sultan of Perak, the constitutional monarch, consented to the appointment of a new BN government after he was convinced the BN had the majority in the state assembly.

The crux of the matter appears to be: who decides whether a chief minister commands the confidence of the majority of the state assembly members, the sultan or the state assembly?

The PR supporters are insisting that the constitutional position is that Nizar can only step down if he resigns or if he ceases to command the confidence of the majority of the assembly, at a proper sitting of the state assembly.

Before that can happen, many argued, the status of the defectors has to be determined, as they had signed undated resignation letters after the last general election. The Speaker of the Assembly, a PR appointee, had used these letters to declare their seats vacant.

But the Election Commission has refused to recognise the letters and to hold by-elections. The Commission’s head pointed out that the defectors have now denied the validity of their earlier letters.

Critics, however, argue that the Commission has no power to dispute the Speaker’s decision; only the courts can overturn the Speaker’s decision.

Nizar and his state government committee members, for their part, are insisting they remain the legitimate government and this morning they held an executive committee meeting.

To add to the complication, those who disagree or protest the Sultan’s move are at risk of finding themselves described as menghina (showing no respect) or worse, derhaka (traitorous) to the Sultan. The sultan, a former Agong (or constitutional monarch for the whole country) who once served as chief justice, this year celebrates the silver jubilee of his reign in Perak.

As riot police fired tear gas at determined and angry protesters outside the mosque on the road to the palace, one furious man told IPS: “Please tell the people that the MB (chief minister) is not derhaka against the sultan. Nizar is trying to defend the administration of the state from corruption in the people’s interest.”

Behind the legal technicalities, the current impasse reflects a larger battle for political control of Malaysia. Perak, along with Selangor, Penang, Kedah and Kelantan had fallen to the PR in the last general election.

Following the setback for the BN, leaders of the dominant United Malay National Organisation (UMNO) thrashed out a transition agreement to phase out Prime Minister Abdullah Badawi by March to be succeeded by his deputy Najib, who has also assumed Abdullah’s finance ministry portfolio.

But Najib’s star has failed to shine brightly. He has been persistently linked to the murder of a Mongolian national, for which a court trial is ongoing – although he has vehemently denied any involvement in the case.

Since the general election last March, Najib has led two key by-election campaigns for the BN – and lost them both.

Delivering Perak to the BN would go some way in appeasing restive UMNO members still coming to terms with last year’s general election shock of losing the coalition’s coveted two thirds parliamentary majority and five out of 13 states in the federation.

“What this shows to me, is that the new prime minister in waiting, Najib, is getting increasingly desperate and might resort to Machiavellian methods (to secure his position),” says blogger and analyst Din Merican, aligned to the PR.

Many Malaysians are unhappy about the spate of defections to the BN and have dubbed the defectors as “frogs”. BN supporters on the other hand are quick to point out that PR supporters did not seem to mind when it was PR leader Anwar Ibrahim who was trying – unsuccessfully – to seize federal power last September by trying to get BN parliamentarians to defect to his fold.

But many are not surprised that the BN is reluctant to hold fresh elections in Perak to resolve this issue once and for all.

As a result of frequent excesses and allegations of abuse of power, the BN has seen its public support steadily erode since 2003, when premier Abdullah scored a landslide victory after his predecessor Mahathir Mohamad stepped down.

A common sentiment by a phone-in viewer said during a forum televised over Bernama television channel. “BN may think they have won the crisis in Perak but don’t they realise in the next general election, many more people will be voting for the opposition?”

For now both Nizar, who is still holding on to the chief minister’s official residence, where hundreds of supporters have been gathering every night, and the BN are engaged in a battle of wills.

While BN may have won this round its troubles are far from over as the party faces two tough by-elections and Nizar may opt to stand for one of these and win a seat to parliament.

Laporan Polis Ke Atas Gani Patail dan Musa Hassan

LAPORAN POLIS DATUK SERI ANWAR IBRAHIM
20hb Februari 2009

—————————

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

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

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

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

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

Dalam muka surat 19

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

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

Dalam muka surat 24,25 dan 26.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ANWAR IBRAHIM
20 Februari 2009

Kenyataan Media Berhubung Laporan Polis Ke Atas Gani Patail & Musa Hassan

—KENYATAAN MEDIA UNTUK EDARAN SEGERA—
20 Februari 2009

1. Saya telahpun membuat laporan polis ke atas Tan Sri Musa Hassan dan Tan Sri Abdul Gani Patail pada 1hb Julai 2008 berhubung pembabitan mereka di dalam memalsukan bukti/keterangan penyiasatan kes serangan Rahim Noor ke atas saya.

2. Saya kesal kerana tiada sebarang tindakan diambil oleh Badan Pencegah Rasuah yang kini dikenal sebagai Suruhanjaya Pencegahan Rasuah Malaysia, walaupun sudah 8 bulan berlalu.

3. Kita diberitahu oleh Menteri di JPM Dato’ Seri Mohamed Nazri bin Abdul Aziz, bahawa kertas siasatan tersebut sudah pun berada di Kamar Peguam Negara. Kita merasa ragu akan kebebasan siasatan tersebut kerana Peguam Negara sendiri terbabit sebagai mereka yang berkonspirasi memalsukan bukti.

4. Maklumat terperinci pembabitan Gani Patail berhubung penyiasatan polis itu telah didedahkan dalam penyata tuntutan yang difailkan oleh Dato Mat Zain(pegawai penyiasat di dalam kes saya) dalam satu tuntutan sivil beliau ke atas saya. Penyata tuntutan tersebut mengesahkan peranan Gani Patail dan Musa Hassan dalam episod tersebut.

5. Maklumat tersebut bersama analisis penjalanan prosiding Suruhanjaya Di Raja menjelaskan segala-galanya pembabitan Gani Patail dan Musa Hassan di dalam memalsukan bukti dalam kes yang lain.

6. Fakta/ Maklumat tersebut juga menunjukkan pembabitan mereka bersama pegawai polis kanan di dalam memalsukan satu laporan polis (Laporan Travers 3977/98) berhubung penahanan saya oleh ACP Koh, pegawai yang bertanggungjawab menahan saya, pada jam 2 pagi, 21hb September 1998. Laporan tersebut menyatakan saya ditahan di bawah ISA, bukannya kerana kes tuduhan liwat seperti yang dinyatakan oleh Koh beberapa jam sebelumnya di rumah saya. Ini dilakukan kerana mereka bertujuan menyembunyikan kecederaan saya dari diketahui umum, serta memastikan saya tidak perlu dihadapkan ke mahkamah sesegera mungkin.

7. Gani Patail dan Musa Hassan adalah mereka yang terlibat dan masih diberi kepercayaan mengetuai institusi penting di negara ini.

8. Hari ini saya membuat laporan polis berhubung pembabitan mereka di dalam konspirasi yang menyebabkan Koh membuat satu laporan palsu ke atas saya pada 21hb September 1998. Ini mengesahkan peranan mereka dalam konspirasi di sebalik laporan polis palsu yang dibuat oleh Mohd Saiful Bukhari Azlan pada 28 Jun 2008.

9. Saya meminta satu tindakan segera diambil berhubung laporan polis yang dibuat oleh saya pada 1hb Julai 2008.

ANWAR IBRAHIM

—PRESS STATEMENT FOR IMMEDIATE RELEASE —
20th February 2009

1. On 1st July last year 2008, I made a police report against Gani Patail and Musa Hassan stating that they were amongst the persons involved in fabricating evidence against me in the police investigation into the assault on me by Rahim Noor.

2. I regret that it has been over 8 months now and there is no sign of any action being taken by the ACA ( now the much touted MACC ).

3. We are told last December in Parliament by Minister Nazri that the investigation papers are with the Chambers of the Attorney General. How much confidence can that generate when it is Gani Patail himself who is directly implicated in an offence of fabricating evidence.

4. Detailed information about the involvement of Gani Patail in the process of that police investigation has been revealed in the Statement of Claim filed by Dato Mat Zain ( the investigating officer in my assault case ) in his civil suit against me confirming irrefutably the role of Gani Patail and Musa Hassan in that sorry episode.

5. That information together with an insightful analysis of the proceedings of the Royal Commission has now shown me that Gani Patail and Musa Hassan were involved in another instance of fabricating evidence.

6. The facts also show that they were involved ( with other senior police officers ) in the fabrication of a false police report ( Travers Report 3977/98 )in relation to my arrest made by ACP Koh, my arresting officer at 2 am on 21st September 1998, stating that I was arrested under the ISA, instead of the sodomy allegation that was stated to me by Koh when he effected the arrest at my home a few hours earlier. This was done in a conspiracy to prevent the fact of my assault and injuries being made known to the public, as I would not have to be produced in court subsequently.

7. Gani Patail and Musa Hassan as persons who had committed such offences in the past. Yet they have been entrusted with the leadership of critical agencies such as the police and the AG’s chambers.

8. I have today lodged a police report in relation to their role in the conspiracy resulting in Koh lodging a false police report against me on 21st September 1998. I say that this further confirms their role in the conspiracy behind the lodging of the police report by Mohd Saiful Bukhari Azlan on 28th June 2008 as a fabricated report.

9. I call for immediate action in relation to my earlier police report lodged on 1st July 2008.

ANWAR IBRAHIM

Nota Ucapan Menjunjung Kasih Titah DYMM SPB Yang Dipertuan Agong

DRAF NOTA PEMBUKAAN TEKS UCAPAN MENJUNJUNG KASIH KEPADA DULI YANG MAHA MULIA
SERI PADUKA BAGINDA YANG DI PERTUAN AGONG OLEH: YANG BERHORMAT DATO’ SERI ANWAR IBRAHIM AHLI PARLIMEN PERMATANG PAUH

Tan Sri Yang Di- Pertua,

Dengan penuh tanggungjawab saya Ahli Parlimen Permatang Pauh merangkap Ketua Pembangkang, berdiri di sini untuk membahaskan titah ucapan Duli Yang Maha Mulia Seri Paduka Baginda Yang Dipertuan Agong.

Tan Sri Yang Di Pertua,

Malaysia merupakan sebuah negara yang mengamalkan sistem demokrasi berparlimen dan sistem raja berperlembagaan, seharusnya memandang serius jika terdapat kecurangan serta pelanggaran ke atas prinsip-prinsip demokratik.

Sukacita saya kerana DYMM Sri Paduka Baginda Yang Di Pertuan Agong sewaktu membacakan titah, Baginda ada menyatakan bahawa keluhuran Perlembagaan semestinya dipelihara.(Perenggan ke 21 Titah YDPA)

Sesuai dengan gesaan Seri Paduka Baginda YDPA (Perenggan 22 Titah YDPA) Perlembagaan selaku dokumen penting yang menjadi sendi kepada negara seharusnya dihormati. Ianya menggariskan perimeter serta tanggungjawab sebuah negara kepada rakyatnya, dan tanggungjawab rakyat kepada negaranya.

Membicarakan demokrasi berparlimen dan sistem raja berperlembagaan di negara ini, kita pasti tidak terlepas dari membicarakan permahsyuran kemerdekaan yang dibaca oleh Almarhum Tunku Abdul Rahman Putra Al Haj:

“Dan bahawasanya kerana Perlembagaan Persekutuan yang tersebut itu, maka, ada disediakan syarat untuk menjaga keselamatan hak-hak dan keutamaan Duli-Duli Yang Maha Mulia Raja-Raja serta hak-hak asasi dan kebebasan sekalian rakyat dan untuk memajukan Persekutuan Tanah Melayu dengan aman dan damai serta teratur sebagai sebuah kerajaan yang mempunyai Raja yang Berperlembagaan yang berdasarkan demokrasi cara Parlimen.”

Tan Sri Yang Di Pertua,

Ada 3 perkara utama yang menjadi asas kepada permahsyuran tersebut:
1) Keutamaan Raja-Raja Melayu
2) Hak Asasi dan Kebebasan Rakyat Malaysia
3) Sebuah negara aman makmur, yang mengamalkan sistem demokrasi dan raja berperlembagaan serta kedaulatan undang-undang nya terjaga dan tidak diceroboh.

Permahsyuran ini merupakan satu aspirasi yang ucapkan dari seorang pejuang kemerdekaan, yang ingin kan negara nya tetap berdiri teguh walau untuk seribu tahun lagi. Namun janganlah kita lupa apa yang dizahirkan dari permahsyuran ini bukannya kehendak dari seorang sahaja, akan tetapi ia adalah penzahiran dan manifestasi iltizam rakyat keseluruhannya walau apapun latar etnik dan agamanya.

Mutakhir ini sering sekali perkataan “derhaka” dilaung-laungkan, dan digunakan demi kepentingan politik segelintir. Muflis etika dalam berpolitik lalu mendorong Umno menggunakan sentimen kaum demi merencatkan arus Perubahan yang melanda.

Lebih parah lagi media yang sanggup untuk ditunggangi oleh politik sebegini, siang malam memintal propaganda sedemikian rupa demi melaga-lagakan institusi Raja dengan Pakatan Rakyat.

Saya menyeru Dewan Yang Mulia ini marilah kita menghimbau kisah Si Kitul dengan rakan konspirasinya Raja Mendeliar, yang tercatat dalam teks klasik; Sejarah Melayu. Akibat hasutan dan fitnah Si Kitul dan dikuatkan pula dengan kekayaan Raja Mendeliar, laksamana akhirnya termakan umpan lalu menyampaikan kepada sultan bahawa bendahara cuba untuk menderhaka.

Apabila dipersembahkan oleh laksamana bahawa bendahara akan menderhaka, Sultan terus membuat keputusan tanpa usul periksa dengan membunuh bendahara dan seisi keluarganya kecuali Tun Fatimah.

Betapa bahayanya dakyah serta fitnah yang direkayasa oleh si kitul dan raja mendeliar ini. Mengadu domba lalu bertindak memporak-perandakan kesultanan dan pemerintahan ketika itu.

Sekarang muncul kembali si kitul dan raja mendeliar moden; iaitu media yang tidak bertanggungjawab dan rakan konspirasinya; kerajaan Umno-Bn. Tetap setia bersama dalam meneruskan agenda mengadu domba dan merosakkan sistem dengan rasuah dan politik konspirasi demi kepentingan segelintir. Retorik sama masih diulang-ulang, “derhaka,derhaka,derhaka.”

Sekonyong-konyong mereka lah pejuang hak umat Melayu yang sejati dan murni. Sentiasa siap kononnya mempertahankan hak Melayu. Hak untuk terus bermaharajalela, memastikan rasuah tetap berleluasa dan khazanah dirampok atas nama komisen?

Lupakah mereka akan pindaan Perlembagaan 1993? Angkara siapakah ini? Sewaktu PM di kala itu memburuk-burukkan imej Institusi Raja-Raja Melayu, apakah media seperti Utusan Malaysia mempertahankan kemuliaan Raja-Raja Melayu? Bahkan mereka yang lebih sudu dari kuah. Kononnya semua mendakap semangat Hang Jebat. Apabila martabat Bahasa Melayu dinjak-injak semuanya menikus.

Pada 18 Januari 1993 ketika membentangkan Rang Undang-Undang Akta Perlembagaan(Pindaan) dalam Dewan Yang Mulia ini, Perdana Menteri di saat itu ada menyebut:

Oleh itu lahirlah pendapat bahawa Raja perlu diletak di bawah suatu Perlembagaan yang menentukan kedudukan dan peranan Raja. Dengan cara ini Raja tidak lagi boleh bertindak dengan sewenang-wenangnya. Kuasa Raja akan ditentukan oleh Perlembagaan, iaitu undang-undang asas negara. Namun ada Raja yang sanggup menyerahkan negeri sendiri kepada kuasa asing tanpa menghiraukan Perlembagaan.

Ini adalah perkataan YAB Perdana Menteri ketika itu. Ayat terakhir ternyata bernada menghina Institusi Raja. Yang pasti tidak ada siapa yang berani menghunjam tangan ke langit sambil meneriakkan derhaka!

Kesan dari pindaan Perlembagaan tahun 1993 itu, kita lihat kekebalan Raja-Raja Melayu telah ditarik oleh kekuasaan politik Umno. Perkara 181(2) misalnya mengalami pindaan drastik dengan wujudnya mahkamah khas untuk mendengar kes-kes yang membabitkan Raja-Raja Melayu sekalian.
Mungkin ada dalam Dewan ini menuding jari ke arah saya bahawa saya juga sebahagian dari pentadbiran pada waktu itu, namun ingin saya tegaskan di sini sepanjang kempen penerangan tahun 1993, yang sering saya ulangi ialah kembalikan kekuasaan kepada rakyat.

Malah saya giat berunding dengan Raja-Raja Melayu untuk mencapai persepakatan terutamanya dengan Sultan Azlan Shah, Seri Paduka Baginda YDPA ketika itu.

Gesaan segelintir yang meminta-minta agar sesiapa yang memperkatakan berkenaan peruntukan-peruntukan yang ada dalam Undang-Undang Tubuh Negeri Perak serta Perlembagaan Persekutuan ditahan di bawah ISA sungguh tidak bertanggungjawab.

Apa yang saya utarakan tidak bercanggah bahkan selari dengan aspirasi yang tertuang dalam Perlembagaan Persekutuan serta Sistem Raja Berperlembagaan negara ini. Malah laungan derhaka yang ditujukan kepada Pakatan Rakyat( contoh: YB Karpal Singh) itulah yang membelakangkan semangat Sistem Raja Berperlembagaan.

Mereka itulah yang sebenarnya menderhaka, bukan sahaja kepada Institusi Raja yang bertanggungjawab melindungi Perlembagaan, akan tetapi juga kepada Rakyat.

Tan Sri Yang Di Pertua,

Tindakan Umno yang berpolitik sehingga sanggup membelakangkan Undang-Undang Tubuh Negeri Perak sebenarnya mencemar kemuliaan Institusi Raja-Raja Melayu.

Sayugia diingatkan demi dicatatkan secara rasmi dalam Dewan Yang Mulia ini, ketika berucap di konvensyen Parti Keadilan Rakyat ke 5 tempoh hari saya bahkan mencadangkan agar imuniti/kekebalan Raja-Raja Melayu dikembalikan sejajar dengan Sistem Demokrasi Berparlimen dan Raja Berperlembagaan.

Kita berpegang pada prinsip rex non potest peccare iaitu raja tidak melakukan kesalahan selagi mana dia berada dalam perimeter/sempadan undang-undang. But Kings, that could not wrong, because Their Power was circumscrib’d by Laws( Raja tidak melakukan kesalahan kerana kuasa mereka terikat dengan undang-undang) kata Bernard Mandeville dalam The Grumbling Hive (1705).

Umum mengetahui Perlembagaan kita mengambil model perlembagaan Westminster. Tidak terelakkan wacana perlembagaan sebegini pastinya terkesan dengan debat di antara pemikir Inggeris John Locke dan Thomas Hobbes. Karya mereka; Two Treatises of Government dan Leviathan menjadi rujukan akan apakah konsepsi asas akan sesuatu Perlembagaan sesebuah negara itu.

Oleh kerana itu kebebasan, demokrasi dan semangat perlembagaan sering dicemuh kononnya meniru acuan barat. Saya mengambil kesempatan untuk membawa ahli parlimen sekalian merenung karya Bukhari al-Jauhari, ditulis di Acheh dan terbit sekitar tahun 1603 yang berjudul Taj-us Salatin (Mahkota Segala Raja):

“Sesungguhnya Allah Taala menitahkan akan adil dan ihsan…dan barang siapa daripada raja-raja yang tiada dua peri ini padanya tiada dapat dibilang raja adanya.”

M.B Hooker di dalam Islam in South-East Asia mungkin sahaja tidak bersetuju dengan pendekatan Bukhari al Jauhari, yang menurut beliau berhujah dengan mengambil asas-asas agama Islam, lalu menggunakannya bagi membentuk satu faham politik tinggi demi kesejahteraan rakyat dan negara. Namun Hooker lupa John Locke juga mengambil pendekatan yang sama apabila menulis Two Treatises of Government yang mulai beredar pada tahun 1689 dengan nama De Morbo Gallico( Penyakit Peranchis), 86 tahun selepas Taj-us Salatin ditulis.

Perhatikan bahawa pada abad ke 17 sudah ada pemikir Melayu yang mengutarakan betapa sang pemerintah memiliki sempadannya. Batasan inilah dalam sistem perundangan moden sekarang, kita kenal sebagai Perlembagaan. Ianya bukan semata-semata acuan barat. Kita orang Melayu sudah lama berakar beradat dengan fahaman politik yang menjunjung tinggi keadilan dan menentang kezaliman.

Marilah kita bersama-sama merenungi Hikayat Hang Tuah, Bab 15, apabila Bendahara Paduka Raja bertindak menyalahi keputusan Sultan Melaka ketika itu. Sang Bendahara memutuskan untuk tidak membunuh Tun Tuah dan disembunyikan di Hulu Melaka.

Derhaka Bendahara Paduka Raja bukannya derhaka Jebat. Malah sikap memanda menteri itu mempunyai persamaan dengan sikap Edmund Burke yang berselisih pendapat dengan Thomas Paine, penulis Rights of Man itu. Pemikiran Burke tercurah dalam dalam karya Reflections on French Revolutiuon (Permenungan Ke atas Revolusi Peranchis).

Kita perlu mendalami apakah sebenarnya imajinasi Hikayat Hang Tuah itu, karya klasik Melayu, yang berupaya membentuk peribadi serta kebudayaan kita.

Membaca Karya tersebut bahkan menerbitkan kekaguman betapa sesungguhnya ada penulis di alam Melayu ini setanding dengan Edmund Burke dan pemikiran politik yang setara dengan Reflections on French Revolution.

Sikap Bendahara Paduka Raja itulah hendak kita garap dan hayati. Kita seharusnya mengambil iktibar dari sikap serta tindak Bendahara Paduka Raja yang berani untuk menegakkan keadilan. Bayangkan pada abad ke 16 seorang memanda menteri sanggup untuk tidak melaksanakan perintah Sultan Melaka, dan pada masa yang sama yakin kedaulatan undang-undang tidak boleh diceroboh, kerana ianya hanya membawa kehancuran kepada negara.

Bukannya derhaka kepada sultan yang terpancar dari kisah tersebut, bukan perderhakaan Jebat yang harus kita war warkan. Bahkan karya tersebut menjadi wahana bagi membentuk pemikiran politik moden, bahawa pemerintah sesungguhnya mempunyai garis sempadan. Pemerintahan serta kekuasaan mutlak hanya mencetus ketidakadilan.

Wajar menjadi satu peringatan dalam Dewan Yang Mulia ini, sesebuah negara yang tidak mampu mencetuskan perubahan, pastinya tidak mampu untuk terus gemilang apatah lagi menjaga adat serta tradisi.

Maka apabila MB Perak yang sah, YAB Dato Seri Mohammad Nizar Jamaluddin memilih untuk terus kekal sebagai MB Perak, beliau hanya menuruti semangat dan peruntukan Perlembagaan yang tersedia. Semangat Bendahara Paduka Raja terserlah pada sikap YAB Dato’ Seri Mohammad Nizar.

Baik sekali menurut pandangan saya dan demi kemuliaan Dewan Yang Mulia ini untuk menukilkan apa yang ditulis oleh KDYMM Sultan Perak dalam karya baginda yang berjudul Constitutional Monarchy, Rule Of law and Good Governance:

“Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of parliament. His role is purely formal.”

PENCABULAN DEMOKRASI

1. Pilihanraya umum 8 Mac 2008 yang lalu telah memberi kejutan besar kepada UMNO dan BN berikutan kemenangan 82 kerusi parlimen pembangkang dan kegagalan BN berkuasa di lima buah negeri. Hasil keputusan pilihanraya tersebut, Pakatan Rakyat mendapat mandat untuk membentuk kerajaan di negeri-negeri Pulau Pinang, Kelantan, Kedah, Perak dan Selangor.

2. Namun, dari awal lagi, rentetan peristiwa menunjukkan BN tidak bersedia menerima kehilangan kuasa dengan semangat demokrasi khasnya di Perak, Kedah dan Selangor. Percubaan demi percubaan dilakukan untuk menggagalkan pembentukan kerajaan Pakatan Rakyat di beberapa buah negeri melalui perlakuan jenayah seperti penculikan, ugutan dan rasuah. Ini berbeza dengan pendirian Pakatan Rakyat. Kita menganjurkan pertukaran kerajaan melalui sokongan terbuka terhadap agenda reformasi dalam menghadapi kemelut kepimpinan politik yang bergelumang dengan rasuah, menangani krisis ekonomi yang kian parah, menangani krisis sosial dan jenayah yang membimbangkan rakyat. Bukannya dengan cara menculik, mengugut dan merasuah!

PERAK DARUL RIDZUAN

3. Percubaan awal dilakukan sejurus selepas selesainya pilihanraya. Saya mempunyai bukti pengakuan bersumpah mengenai penglibatan langsung Timbalan Perdana Menteri sendiri dalam percubaan untuk menggagalkan pembentukan Kerajaan Pakatan Rakyat di Perak.

4. Dalam Surat Akuan bersumpah oleh Fauzi Muda [Ketua Bahagian PKR Ipoh Barat], beliau mengaku bahawa pada 11 Mac 2008, beliau telah dibawa bertemu untuk berbincang dengan Timbalan Perdana Menteri di kediaman resminya di Putrajaya. Beliau mendedahkan, “Dalam perbincangan tersebut, Dato’ Seri Najib telah merayu kepada saya agar dapat membantu bagi memujuk sekurang-kurangnya dua orang ADUN Negeri Perak dari PKR agar lompat kepada UMNO atau menjadi sebagai wakil Bebas. Beliau sanggup menawarkan kepada saya sebanyak RM 50 juta bagi tujuan tersebut dan terpulang kepada saya berapa jumlah yang saya hendak bayar kepada mana-mana ADUN PR yang mahu lompat.”

5. Namun demikian, percubaan tersebut gagal untuk menghalang pembentukan Kerajaan Pakatan Rakyat Perak di bawah kepimpinan YAB Datuk Seri Mohammad Nizar Jamaluddin. Kerajaan negeri pimpinan Datuk Seri Nizar berupaya mentadbir negeri sekalipun terpaksa menghadapi diskriminasi dan tekanan BN yang memperalatkan pelbagai agensi di bawah kementerian-kementerian Kerajaan Persekutuan.

6. Setelah percubaan awal BN gagal, ianya disusuli dengan tindakan mendakwa dua exco Perak atas tuduhan rasuah pada 25 Ogos 2008 dengan tujuan menjerumuskan kerajaan Pakatan Rakyat Perak dalam kancah krisis. Percubaan ini juga gagal apabila dua exco tersebut mengemukakan pembelaan di mahkamah dan memfailkan saman terhadap Badan Pencegah Rasuah.

7. Dalam akuan bersumpah Fauzi Muda, beliau mendedahkan lagi, “Usaha mereka memujuk saya bagi tujuan tersebut semakin kerap semenjak kes dua Exco PKR yang didakwa di mahkamah atas tuduhan rasuah. Mereka mensasarkan kedua-dua Exco tersebut agar dapat dipujuk dan kali terakhir ialah sebelum hari Tahun Baru Cina dimana mereka telah berjumpa saya dan menawarkan jika kedua-dua Exco tersebut bersetuju untuk melompat dari PKR, Dato’ Seri Najib bersedia membayar sebanyak RM 5 juta bagi setiap orang termasuk habuan untuk saya RM 5 juta.”

8. Percubaan menggugat Kerajaan Pakatan Rakyat Perak memuncak sejurus Timbalan Perdana Menteri mengambil alih jawatan Pengerusi Perhubungan UMNO dan BN Negeri Perak berikutan perletakan jawatan Datuk Seri Mohd Tajul Rosli selepas ADUN Bota Datuk Nasarudin Hashim bertindak keluar UMNO dan dengan rela hati menyertai PKR pada 25 Januari 2008.

9. Secara mendadak, Negeri Perak dikejutkan pula dengan kehilangan dua exco Kerajaan Negeri yang juga ADUN Changkat Jering dan ADUN Behrang. Begitu juga dengan kehilangan ADUN Jelapang dan ADUN Bota sehinggalah mereka muncul dalam sidang media bersama Timbalan Perdana Menteri pada 4 Februari 2009. Dalam sidang media itu, Timbalan Perdana Menteri sendiri mengumumkan Kerajaan Pakatan Rakyat Perak pimpinan Dato’ Seri Mohammad Nizar Jamaluddin tumbang dengan dakwaan BN kini mempunyai majoriti. Kesemua sandiwara ini berlaku dengan latarbelakang insiden ADUN-ADUN diculik, disembunyikan, diugut atau dirasuah.

KEDAH DARUL AMAN

1. Saya mempunyai bukti dan keterangan bahawa seawal April 2008, percubaan dilakukan oleh ejen-ejen BN untuk merasuah atau mengugut ADUN-ADUN PR khasnya lima ADUN dari PKR dengan tujuan menumbangkan Kerajaan Pakatan Rakyat Kedah di bawah kepimpinan Datuk Seri Ustaz Azizan Abdul Razak.

2. Saya mendapat laporan bahawa pada 11 April 2008 ADUN Kulim, YB Lim Soo Nee dari PKR, telah dihubungi untuk oleh seorang ejen BN yang mewakili Datuk Seri Mahazir Khalid (Pengerusi BN Kedah dan bekas MB) untuk memujuk supaya YB Lim lompat parti daripada PKR ke BN dengan tawaran RM 4 juta. Tawaran itu kemudiannya dinaikkan kepada RM 5 juta. Perjumpaan juga boleh diatur untuk menemukan YB Lim dengan Datuk Seri Mahazir Khalid dan Timbalan Perdana Menteri. ADUN Kulim ini diganggu dengan tawaran dan pujukan melompat parti sepanjang bulan April, Mei, Jun dan Julai 2008.

3. Apa yang mengejutkan saya, ADUN Lunas YB Lim telah membuat aduan kepada Badan Pencegah Rasuah berhubung hal percubaan ejen-ejen BN untuk membeli beliau. BPR bersetuju mengatur strategi dan menjadikan YB Lim sebagai “umpan”. Pertemuan demi pertemuan diatur oleh ejen-ejen BN dengan YB Lim dan kesemuanya ada dalam makluman dan pemantauan BPR.

4. Kemuncak pemantauan ini ialah pertemuan di antara bekas MB Kedah dengan YB Lim di sebuah botel di Seberang Jaya pada akhir 2008. Pertemuan ini dirakam melalui CCTV yang diatur dengan pengetahuan BPR. Tiada tindakan susulan diambil, sebaliknya saya difahamkan pegawai BPR yang bertanggungjawab dalam operasi ini kemudiannya ditukar.

5. Dalam kes bekas Exco Kedah Arumugam A/L Vengatarakoo yang meletak jawatan baru-baru ini, saya telah diberitahu pelbagai ancaman dan ugutan telah dilakukan terhadap beliau. Tiga repot polis telah dibuat mengenai ancaman tersebut.

6. Pada 1 April 2008, pembantu khas kepada Arumugam membuat aduan polis [No. Repot: SG PETANI/005907/08] bahawa beliau menerima panggilan telefon yang mengancam beliau dan Arumugam supaya jangan terlalu aktif dalam politik dan sekiranya ingkar akan berlaku perkara yang tidak baik seperti mendiang Joe Fernandez [ADUN Lunas yang mati ditembak beberapa tahun lalu].

7. Pada 18 Oktober 2008, YB Arumugam membuat aduan polis [No. Repot: SG PETANI/020426/08] bahawa beliau bimbangkan keselamatan diri dan keluarganya apabila didatangi oleh dua lelaki yang mempunyai niat serong terhadap Arumugam.

8. Pada 17 Disember 2008, YB Arumugam membuat aduan polis [No. Repot: SG PETANI/025421/08] bahawa cermin belakang kereta rasmi Exco Kerajaan yang dipakainya telah dipecahkan oleh orang yang tidak dikenali.

SALAHLAKU SPR

1. Saya amat sangsi dengan keputusan Suruhanjaya Pilihan Raya Malaysia (SPR) berhubung dengan keengganannya menjalankan pilihanraya kecil bagi DUN Changkat Jering dan Behrang.

2. Pada 1hb Febuari 2009 Speaker DUN Perak telah mengeluarkan surat perletakan jawatan ADUN Changkat Jering dan Behrang yang ditandatangani oleh kedua-dua ADUN. Pada 2 Februari 2009 Speaker DUN telah mengemukakan surat pemberitahuan mengenai kekosongan kerusi Changkat Jering dan Behrang kepada SPR.

3. Pada 3hb Februari 2009 SPR umumkan bahawa kerusi Changkat Jering dan Behrang tidak dikosongkan. Keputusan mengejut SPR ini ternyata membelakangkan notis kekosongan yang dimaklumkan oleh Speaker Dewan Undangan Negeri Perak. Alasan SPR bahawa ia mempunyai kuasa di bawah Seksyen 12(3) Akta Pilihanraya 1958 untuk menentukan keabsahan kekosongan kerusi tersebut setelah menerima notis kekosongan dari Speaker DUN Perak amat memeranjatkan, tidak munasabah dan tidak pernah berlaku sebelum ini (unprecedented).

4. Saya mempersoalkan keputusan SPR ini atas dua alasan. Pertamanya sebagai sebuah badan yang dibentuk menurut Perlembagaan, SPR harus berfungsi dan bertindak mengikut peruntukan Perlembagaan Persekutuan. Menurut Perkara 113 Perlembagaan Persekutuan, fungsi SPR disebutkan dengan jelas, iaitu menjalankan pilihanraya, menyediakan daftar pemilih dan menjalan ulangkaji pensempadanan bahagian pilihanraya.

5. Yang kedua, tugas sebenar SPR apabila menerima surat kekosongan kerusi dari Speaker Dewan hanyalah untuk menetapkan tarikh kekosongan kerusi itu berlaku bagi tujuan mengeluarkan writ pilihanraya. Ini dinyatakan dengan jelas dalam Seksyen 12(3) Akta Pilihanraya 1958, iaitu “Berkenaan dengan sesuatu kekosongan yang akan dipenuhi dengan sesuatu pilihanraya kecil, writ hendaklah dikeluarkan tidak dahulu daripada sepuluh hari dan tidak lewat daripada tiga puluh hari dari tarikh kekosongan itu disahkan berlaku oleh Suruhanjaya Pilihan Raya”. Pendirian yang sama turut dinyatakan secara terbuka oleh bekas Pengerusi SPR Tan Sri Ab. Rashid Ab. Rahman ketika diwawancara oleh media tempatan.

Anwar Ibrahim

On Video: Anwar & Khalid Ibrahim at PKR KL/Selangor dinner

This is the darkest episode in my life

Photo courtesy Sin Chew Daily

I have departed today.

Despite having tendered my resignation from all posts, the media and websites continue to intrude into my private life and privacy. I have been informed by several media that they will continue to publish even more lewd graphical, sensational stories of my private life.

I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.

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

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

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

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

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

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

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

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

by Elizabeth Wong 19 Feb 2009
Selangor State Exco Member
PKR Bukit Lanjan Assemblyperson
An icon of New Politics fallen by gutter politics and predatory journalism.(Sin Chew Daily)

Eli’s friends tell of a ‘principled, smart leader’

KUALA LUMPUR, Feb 22 – Elizabeth Wong was better noted for her passion for the environment and commitment to social justice and human rights before pictures of her semi-naked were circulated on the Internet.

Now, friends have started to flesh out the unusual life of the 38-year-old Selangor assemblywoman better known as Eli.

A graduate in fine arts from Sydney University, Wong is said to chain smoke, and play the guitar, violin and piano. She loves cats and was once a national swimmer.

Friends also spoke of her as “highly principled” – she refused bribes from developers when she was in charge of the environment portfolio.

“Her habits such as sleeping late at 2am or 3am, waking up late, chain smoking and everything else are things that her activist friends are used to,” said a former colleague, S. Arutchelvan, who has known Wong for more than 12 years.

“But behind her public image, she is an environment lover, a cat lover, a musician … and a human rights defender, whether for illegal immigrants or anyone who is a victim.”

Former executive director Cynthia Gabriel from the human rights group Suaram described her as fearless.

“She’s uncompromising when it comes to what she believes in,” said Gabriel, who has known the opposition politician for more than a decade.

“She had performed excellently in her portfolio and seeing what happened to her is very difficult to accept.”

Wong rose to political stardom when she contested last year’s March polls for a state seat in Selangor on the opposition Parti Keadilan Rakyat (PKR) ticket for the first time and won.

She was then appointed the state executive councillor in charge of environment, tourism and consumer affairs.

But her political career came to a grinding halt on Feb 13 when some newspapers published pictures of her sleeping alone in her sarong.

The pictures were believed to have been taken by her former boyfriend Hilmi Malek, who is believed to be in Indonesia now.

She offered to relinquish her posts. But the PKR said no and she is said to be on holiday at present.

Friends and former colleagues believe that she will soon return to action.

Indeed, Arutchelvan said that Wong is dedicated to her work and principles.

“When I was working with her, she would spend the nights in the office if she had to,” he said. “If I were to call someone in the middle of the night or early morning, I would call Eli because she would be one of the only comrades still awake.”

Wong was also a human rights fellow of Carnegie Council for Ethics in International Affairs.

“After she became a state executive councillor, she complained to me that developers tried to offer her gifts and expensive chocolates but she said she totally ignored them,” Arutchelvan said.

He also described her as well read.

“In fact, she is one of the most intelligent state executive councillors in Selangor,” he said. “Her house usually looks as if it has been hit by a typhoon with her things sprawled everywhere. But the only two things that stand out as they are neatly arranged are her books and her photos.

“She loves taking photographs as a hobby and she has a passion for the arts.”

Her blog has a section titled Aufheben, which she says is a German term that the philosopher Hegel used “to explain the synthesis one would come upon after creating thesis and antithesis”.

A section about herself says she “enjoys looking at the paradoxes and intricacies of democracy and politics. In her spare time, she researches and writes on the War on Terror and security in the region. Her interests are in political imagery and symbolism, history, South Asian politics, resistance and Islamism in South-east Asia, technology and the politics of change”.

Another old friend, Anne James, questioned the motives behind the release of the photos.

“The scoundrels who are accusing her should look in the mirror

themselves,” she said. “Is lying in the nude worse than raiding the state coffers?”

James said she hoped Wong would return to her post soon.

“Politicians like her are few and far between,” she said. – Straits Times

Despite pressure, Khalid says it’s time to walk the talk

By Shannon Teoh

SHAH ALAM, Feb 22 – Just shy of a year into his tenure as mentri besar of Selangor, Tan Sri Khalid Ibrahim is promising that his administration will soon begin to “walk the talk” despite facing fierce political adversity.

In an exclusive interview with The Malaysian Insider this week, Khalid said he was confident that the best efforts of his political opponents would serve only to sweeten the final victory.

The latest scandal to afflict the state executive council – the Malaysian Anti-Corruption Commission’s (MACC) allegations of abuse of state funds in the purchase of cows and maintenance of his private vehicle, has followed hot on the heels of semi-naked pictures of Elizabeth Wong surfacing.

These are just the most recent in a series of political blows that include last year’s Internal Security Act (ISA) arrest of Teresa Kok and accusations of abuse of power and khalwat against Ronnie Liu and Dr Halimah Ali respectively.

“There is always a concern but we must have the strength and confidence to go through this,” he said of attempts to destabilise his government.

For Khalid, it is a challenge to manage the state in the most effective and efficient manner.

“Success is now a challenge and comes as sweet victory despite the best efforts of your enemies,” he said.

His replies reveal his previous experience in the corporate world but Khalid says the past year has been an exercise in adapting to being a political chief executive.

“The job is alright, but the politics is fierce,” he admits.

The former chief executive officer of Permodalan Nasional explained that in the corporate world, a strategy could be implemented as directed but in politics, the acceptance of both your customer and those in your party was crucial.

“When you say this is my bottomline, it is self-explanatory to corporates. But if you say that to party members, they will say, ‘What bottom?’” he quipped.

“I have seen millions and managed billions. But now, for RM500, discussions can run two hours,” he said but insisted that the satisfaction now was far superior to that of his time as a corporate chief.

“When you have commercial concerns, nobody questions your greed – ‘greed is your skin and profit your motivator.’

“But as mentri besar, when you shake the hands of the public, they feel very proud to meet you. In the corporate world, you shake hundreds of hands but nobody is proud of each other,” he added.

The Bandar Tun Razak MP believes that while his first year in office since the 12th general elections allowed him to sample the opportunities, it is now time to harness resources and translate them into real targets.

“Now that you know your strength and limitations, the challenge is to walk the talk.

“To translate development and welfare straight to the people, giving all citizens a better quality of life,” is his goal but he warns that there will be “no free lunch, people have to work for and earn it.”

It was a thinly-veiled reference to the pressure by grassroot leaders over appointments to positions in the state and state-linked bodies.

He described how a mob of over 50 people had stormed into his residence and shouted at him for not giving them the advantages that “Umno goons received before.”

But he insists that it is necessary if “you want to change 50 years of one style of political activity and cronyism.”

“Sometimes, it is painful to implement. You want to stop smoking, you understand it is bad but it is very tough but you can smile after you are successful.

“The mentri besar is the mentri besatr to the rakyat, not of PKR. It was worse before because Umno was of a higher caste and PKR were pariahs. Now you have moved up to an equal status, so it is better,” he said.

But his corporate background has been useful as well. The Ijok assemblyman cites the ongoing water restructuring saga as an example.

For him, it is an important benchmark in deprivatisation, claiming that it was a case study for how other concession agreements such as those regarding tolls and independent power producers could be unwound.

“This discussion is very new and unprecedented. And if you do not have economic fundamentals, you become an accountant,” he quipped.

Outside of the demands by the concessionaires to be compensated for future profits, he maintained that the state had no issues in completing the statutory transfer of water assets to the federal government.

He insisted that the state had a proposal to complete the transfer in two weeks after all parties had agreed to terms.

“Tomorrow you can see a row of bankers and accountants outside, and it is done. We have done it in three hours before. Nothing magical about that,” he added, referring to the famous “dawn raid” of the London Stock Exchange he led in 1981 where PNB gained a controlling stake in British plantation concern Guthrie in less than two hours.

Given the doom and gloom surrounding the economy, Khalid understands that as a prominent manufacturing state, his task for this year is to “enhance income opportunities via skills and networking.”

According to the MB, no major factories in the state have closed yet but one or two are expected in coming months. So far, manufacturers have chosen to cut working hours instead of shutting down plants.

But he insists that a safety net must be created to allow those who have been hit a chance to “recover and compete again, giving the community a first chance, a second and even third chance.”

Khalid claims that a task force has already been set up to monitor the situation and to work closely with trade unions, the federal government and private sector.

“The challenge will be greater this year as it will take more than a year before we see an upturn so we had better brace for it. We are getting the support of the private sector, like Jobstreet,” he said, referring to the online job-matching provider.

“But it will need a lot of guiding. The technology is there but we will have to bring people to it,” he said.

Away from his responsibilities, life for the 62-year-old has changed for sure, even if he says that the number of hours he spends at work is the same.

He has stopped playing golf, he says, because it is too time-consuming. But when quizzed as to how some of his counterparts still manage to find time, he slyly responds, “they have different skills from me.”

Conversation at home, however, has surprisingly become better, he says.

“In the corporate world, I cannot discuss business with my wife because it is considered insider information.

“But now I must listen to my wife’s understanding of politics on why women are also important. As a politician, I have to listen to her.” MI

Pakatan Selangor prepares counter-strike

By Shannon Teoh

SUBANG JAYA, Feb 22 – The embattled Pakatan Rakyat (PR) Selangor government is preparing to go on the offensive after a week where it has been backed into a corner under relentless attacks from Barisan Nasional (BN).

While it is waiting on an audience with the Sultan over the circulation of executive councillor Elizabeth Wong’s naked pictures, it has prepared its own ammunition in the ongoing tussle with the federal government over water assets and is now considering the legal defence against accusations that Tan Sri Khalid Ibrahim abused powers as mentri besar.

Following a retreat for its executive council and elected representatives this weekend, senior executive councillor Teresa Kok told reporters today that the state government now considered the Malaysian Anti-Corruption Commission’s (MCAC) allegation that Khalid had misused state funds to purchase cows and maintain his personal vehicle as a legal issue.

“His lawyers will be making the statements from now on,” she said when asked what would be done to refute the allegations once and for all.

She said that the government and PR will continue stand firmly behind Khalid and insists that there is no wrongdoing involved

Selangor is also “contemplating steps to put up a case” against what seems a foregone conclusion that the four private water concessionaires in the state would be negotiating the transfer of their water service assets directly with the federal government.

According to Petaling Jaya Utara MP Tony Pua, who is a member of the Selangor water review panel that is handling the statutory transfer of all water assets in the state to the federal government, all four companies had rejected its offer with only Splash and Abass willing to continue negotiations.

It is understood that Puncak Niaga and Syabas, which Puncak Niaga has a 70 per cent stake in, are already prepared to discuss an offer with the federal government.

The state had made an offer totalling RM5.7 billion to take over the four companies last week but two days before the Feb 20 deadline, the National Water Services Commission had announced that the federal government would be moving in to conclude the transfer.

It is understood the concessionaires want more money but the Selangor government wants to pay less so that it can ensure lower water tariffs for consumers.

Calling the premature announcement by the federal government “a sabotage,” the panel is now “preparing our bullets” to prove that its offer was a fair one and in compliance with prevailing concession agreements, Pua added.

Earlier in the morning, Selangor PR MPs and assemblymen were briefed on details of the water deal and will now go to the ground to explain the matter to their constituents.

With another public briefing scheduled for Feb 24, Selangor PR now appears to be trying to ratchet up public pressure on the federal government to allow it to continue negotiations.

Umno is afraid, says Mohd Nizar

The Pakatan Rakyat coalition in Perak is merely using the state assembly speaker’s wide-ranging powers formulated by Barisan Nasional, to suspend new menteri besar Zambry Abdul Kadir and his cabinet members.

MCPX

Ousted menteri besar Mohd Nizar Jamaluddin, said this in his speech last night at Felcra Serigala in Slim River before 1,000 people, and argued that Pakatan has now “decapitate” BN as the coalition controls 28 seats compared to 21 following the suspension.

“Given this, Pakatan is the valid government to administer Perak,” Mohd Nizar said as reported by Harakah daily today.

“Today, if we want to topple the new government, we can do it… They forget that the powers given to the speaker by BN 50 years ago, is what we used against them now.”

Felcra Serigala is located in the Behrang state seat held by one of the four Pakatan defectors, Jamaluddin Mohd Radzi, who left PKR to become a BN-friendly Independent.

Mohd Nizar emphasised that he is still the legitimate menteri besar who was appointed by the sultan.

“I still keep the appointment letter, and the instruments of power which has never been cancelled. The instrument and appointment was witnessed by the sultan and the High Court judge.

“I can only relinquish my post through three ways – by resigning, through the dissolution of the assembly or a vote of no confidence against me,” said Mohd Nizar, who is also the Pasir Panjang assemblyperson.

Mohd Nizar challenged Umno to face the Perak people in a snap polls.

“Umno is afraid. They are afraid of losing as in Permatang Pauh and Kuala Terengganu. That is why they are seizing power.

“If they are truly gentleman, let’s have an election. We are gentlemen and are prepared to face them in any situation,” he said.

Mohd Nizar and his wife and seven children have today moved out of the menteri besar’s official residence into a private home, more than two weeks after the Pakatan government collapsed.

According to him, the ousted Perak government will now work from Pakatan offices in Ipoh.

Speaker has absolute immunity

Meanwhile, DAP leader Nga Kor Ming in a press statement said the speaker has “absolute and total immunity” from any civil or criminal action.

“The vicious attack on the legislature by the BN executive is totally unacceptable in a country with the principles of separation of powers of the executive, legislature and judiciary as enshrined in our federal constitiution,” said Nga, a trained lawyer.

Nga said it was within speaker V Sivakumar’s powers to issue contempt proceedings against state assemblypersons who defy his order.

He said section 3 of the Perak Legislative Assembly (Privileges) Enactment 1959 states “no member shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of any matter or thing brought by petition, bill, resolution, motion, or otherwise, or have said before the assembly or any committee”.

Furthermore, Nga said the action to suspend Zambry is protected by the federal constitution where Article 72(1) states the “validity of any proceedings in the legislative assembly of any state shall not be questioned by the court.”

On Thursday, Sivakumar, through the assembly’s special privileges committee, suspended Zambry and all his six state excos

Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.

The latest development plunges Perak into another crisis following BN’s seizure of the state government early this month.

In a statement to the media, Sivakumar said the decision was reached because the seven BN representatives had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.

The inquiry was convened after Wong Kah Woh (DAP-Canning) had made an official complaint. Mkini

Exco, Adun PR Selangor yakin dakwaan SPRM tidak berasas

PETALING JAYA, 21 FEBRUARI (SK) – Ahli-ahli Dewan Undangan Negeri  (Adun) Pakatan Rakyat Selangor menyifatkan tuduhan  yang dilakukan keatas Menteri Besar Abdul Khalid Ibrahim adalah tidak berasas sama sekali.

Dalam satu kenyataan yang dibacakan oleh Ketua Penyokong Kerajaan Pakatan Rakyat Selangor, Azmin Ali, mereka yakin kenyataan  Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) untuk mendakwa Abdul Khalid  adalah sangat berat sebelah dan disifatkan sebagai pendakwaan terpilih.

“Kami yakin bahawa kenyataan SPRM untuk mendakwa Abdul Khalid Ibrahim adalah bersifat politik dan pendakwaan terpilih (Selective prosecution) untuk mencemarkan nama baik Menteri Besar.”

“Berdasarkan fakta yang terkandung dalam saman fitnah oleh Abdul Khalid terhadap (Ketua Pembangkang Selangor) Mohamad Khir Toyoadalah jelas menunjukan bahawa tuduhan-tuduhan yang cuba dikenakan adalah tidak bersas sama sekali,” kata Azmin ketika sidang media petang tadi.

Pada 18 Februari lepas, Abdul Khalid Ibrahim memfailkan dua saman fitnah terhadap Mohamad Khir berhubung kenyataanya yang berunsur fitnah yang mengenai Menteri Besar itu yang diterbitkan di dalam suratkhabar The New Straits Times bertajuk “Lexus is my own, says Khalid” pada 15 Januari lalu dan di dalam suratkhabar Utusan Malaysia bertajuk “Lepaskan Jawatan MB” pada 23 Januari lalu.

Dalam penyataan tuntutan yang difailkan Abdul Khalid,  tindakan Dr Mohamad Khir itu antara lain didorong oleh niat jahat untuk mencetuskan kebencian dan kemarahan terhadap beliau serta merendahkan taraf beliau pada pandangan umum.

Selain itu, Dr Mohamad Khir didakwa telah secara salah menerima dan menunjukkan dokumen rasmi rahsia berkaitan dengan andaian salah laku dalam hal ‘lembu korban’ tanpa mengesahkan ketepatan fakta yang berkaitan dan seterusnya membuat tuduhan palsu.

Adun-adun Pakatan Rakyat Selangor menyifatkan SPRM melakukan kerja diluar bidang dengan membuat kenyataan terbuka berhubung satu penyiasatan sebelum keputusan muktamad dibuat oleh Japatan Peguam Negara.

“Justeru itu, jelas bahawa SPRM kenyataan SPRM adalah di luar peraturan biasa dan boleh ditafsirkan sebagai satu percubaan SPRM untuk mempengaruhi budibicara Peguam Negara yang bertanggungjawab bertindak secara bebas dan adil. kAMI MENUNTUK SUPATA sPRM melaksanakan tugas secara bertanggungjawab, bebas dan telus”kata Azmin yang membacakan kenyataan tersebut.

Adun Pakatan Rakyat juga melihat tuduhan ini adalah usaha jahat terancang oleh Umno dan Barisan Nasional untuk menggugat pentadbiran Kerajaan Pakatan Rakyat di Negeri Selangor dengan memperalatkan institusi seperti SPRM dan Jabatan Peguam Negara.

“Kami percaya kepimpinan Pakatan Rakyat akan terus menjadi sasaran serangan fitnah Umno dan Barisan Nasional dalam beberapa bulan yang akan datang,” Kata Azmin lagi.

Adun Pakatan Rakyat Selangor juga  akan terus mempertahankan prinsip-prinsip keluhuran perlembagaan dan terus mendokong kepimpinan Menteri Besar Abdul Khalid Ibrahim di Negeri Selangor.

Azmin yang juga Naib Presiden KeADILan turut menegaskan  bahawa pentadbiran Kerajaan Pakatan Rakyat Selangor yang dipimpin Abdul Khalid selama hampir setahun telah mempertahankan agenda dan program kebajikan dan kepedulikan rakyat dengan prinsip Merakyatkan Ekonomi Selangor (MES) demi kesejahteraan rakyat.

“Prestasi Kerajaan Pakatan Rakyat dalam pentadbiran dan pembangunan ekonomi Negeri Selangor juga mencatatkan tahap yang cukup cemerlang dalam tempoh satu tahun semenjak Mac 2008,” katanya di satu sidang akhbar tengah hari ini.

“Kami yakin rakyat akan memberikan mandat kepada Abdul Khalid Ibrahim untuk memimpin dan menerajui pentadbiran kerajaan Pakatan Rakyat Negeri Selangor,” Menurutnya menerusi kenyataan bersama berkenaan.

Semalam, dalam laporan media Ketua Pesuruhjaya SPRM, Ahmad Said Hamdan berkata, terdapat bukti-bukti kukuh berhubung dakwaan tersebut. Beliau turut berkata kertas siasatan sudah siap dan akan dikemukakan kepada Pejabat Peguam Negara tidak lama lagi.

Sidang media berkenaan yang diadakan di salah sebuah hotel di Subang turut dihadiri oleh Persuruhjaya Pas Selangor yang juga Exco Kanan Selangor Dr Hassan Ali, Exco Kanan Kerajaan dari DAP Teresa Kok, Timbalan Speaker Haniza Talha, serta beberapa Exco dan Adun negeri Selangor.

Consumers association sees red over Penang Bridge fiasco

The Consumers Association of Penang (CAP) has expressed disappointment at the sheer incompetency and negligence that caused traffic chaos at the Penang Bridge two days ago, calling it “a lack of foresight in implementing a contingency plan of an unprepared” Penang Bridge Sendirian Berhad (PBSB).

MCPX

Last Thursday, a 30-tonne hydraulic crane toppled at Km3.3 of the Penang Bridgea while lifting a demolished retaining wall, causing a massive traffic jam resulting in thousands of motorists being stranded in their vehicles for up to eight hours.

Roads leading to the bridge on both sides were choked with traffic and there was a 5km-long congestion along the Jelutong Expressway and the Bayan Lepas coastal highway.

Many who decided to take the ferry, were instead caught in another traffic jam lasting several hours at the ferry terminals, despite seven ferries being mobilised to transport motorists from Butterworth.

“This incident clearly indicates a lack of foresight in implementing a contingency plan on the part of an unprepared Penang Bridge Sendirian Berhad (PBSB).

“Sadly, traffic jams, especially those caused by accidents are nothing new to Penang Bridge users as they are the ones who pay tolls and get stranded for hours at a time whenever there’s an accident,” said CAP president SM Mohamed Idris in a statement today.

According to Mohamed, the authorities had ample time to alert the public of the accident, which occurred at 3am on Thursday and close the affected lane to avoid traffic build-up.

“An early warning would have allowed motorists to plan their journeys in advance to avoid getting caught in the ensuing congestion. Unfortunately, no such warning was given,” he said.

UEM Construction under fire

Mohamed also slammed UEM Construction (UEMC) when one of the two cranes sent to assist the toppled crane broke down before it reached the site of the accident.

“It is incomprehensible that UEMC with almost two decades of experience in the industry and a long list of accomplishments could have allowed such an untoward, but essentially avoidable, incident to occur. One wonders what level of standards UEMC adheres to,” he said.

Apart from PBSB and UEMC, Mohamed was disappointed that variable message signboards around Penang did not inform the public of the traffic situation at the bridge.

“This would have been a substantial help to motorists in planning their journeys to avoid the congestion in and around the bridge,” he said.

“PBSB needs to come to its senses and realise that apart from collecting bridge tolls, it has a responsibility to ensure a hassle-free public service to its clients,” he said.

“It is time UEM Builders, being the parent company for both UEMC and PBSB, takes responsibility for its subsidiary’s dismal performance and ensures that they get their act together and take a proactive stance in preparing for effective and efficient crisis management for the sake of its clientele and for its own credibility,” he concluded.

Perolehan awam, pengurusan syarikat perlu reformasi

Anwar Ibrahim memberikan ucapan di Bankers Club Kuala Lumpur, 19 Februari lalu. Walaupun  jadual padat beliau ketika sesi ucapan menjunjung titah DYMM SPB Yang Dipertuan Agung di Parlimen, namun kehadiran beliau selama sejam itu sudah cukup meniupkan semangat baru dan harapan baru kepada semua mereka yang hadir.

Antara yang hadir ialah  Tunku Imran Tuanku Jaafar Bekas Pengurusi NSTP, Abdullah Ahmad serta diplomat-diplomat asing dan juga ahli-ahli perniagaan sekitar Kuala Lumpur.

Berikut ialah ucapan beliau:

Dalam syarahan utama terakhir saya di Hong Kong pada bulan September tahun lalu, sempena persidangan antarabangsa tentang kewangan sedunia, saya menyebut tentang Hayek, bekas pemenang Nobel bagi ekonomi sebagai satu ’sejarah’. Saya diberitahu saya mengundang masalah apabila mengungkapkan perkara sebegini, dan saya akan diserang oleh para pendokong pasaran bebas, kaum liberal dan libertarian yang percaya penutup segalanya adalah pasaran bebas kapitalisme.

Di sisi yang lain, John Maynard Keynes, yang darinya saya beroleh inspirasi semasa menjadi Menteri Kewangan, merupakan penganut teguh terhadap keperluan galakan perbelanjaan apabila cip merudum. Menjadi kewajiban atas negara untuk melakukan sesuatu apabila ekonomi menuju arah ’selatan’. Hayek, sebaliknya yakin, mereka yang hidup dengan pasaran juga pasti mati dengan pasaran.

Jadi, ketika saya mengatakan Hayek adalah ’sejarah’, ini tentunya bukan dibuat dari agakan saya semata-mata tetapi ia merujuk kepada bailout multi-bilion dolar yang ingin disediakan dahulu oleh Kongres Amerika Syarikat, sebelum pemilihan Obama. Dan sekarang, rujukan ini juga adalah ’sejarah’, kerana hari berikutnya Kongres meluluskan pakej rangsangan paling banyak sejak Zaman Meleset terbesar.

Dengan plan rangsangan raksasa ini, jelaslah Presiden Obama tahu bahawa pasaran bebas adalah sihat dan baik, tetapi tangan ghaib Adam Smith kadangkala mungkin akan terus ghaib jika pun tidak lumpuh sepenuhnya apabila masa untuk bertindak semakin hampir.

Persoalannya sekarang ini ialah apakah kita telah melakar sebarang pelajaran dari sejarah? Kita tahu natijah apa yang akan menunggu jika kita berpegang keras dengan prinsip pasaran bebas. Sepanjang 1930-an, Rizab Persekutuan hanya berpeluk tubuh dan tidak berbuat apa-apa, walaupun sistem kewangan meretak disebabkan bebanan tunggakan bayaran yang sangat besar.

Sejarah memberitahu kita, polisi ini yang membiarkan pasaran mencari parasnya sendiri tanpa berbuat  apa-apa, akhirnya menyebabkan keruntuhan ekonomi Amerika. Dan ini seterusnya merebak ke Eropah. Maka, di situ juga mungkin terdapat pelajaran akibat runtuhan Oktober 87, serta juga skandal simpanan dan pinjaman.

Dan tentunya, krisis kewangan Asia pada 1997. Ya, saya tidak tahu pelajaran apa yang telah dipelajari oleh Amerika tetapi bagi saya pelajarannya ialah: Jangan bercanggah dengan bos anda sekalipun anda tahu dia salah, terutamanya jika dia adalah Perdana Menteri dan anda hanyalah Timbalan!

Namun selain gurauan, apakah pelajaran sebenar yang didapati? Apakah kita boleh memperli Amerika sambil berkata kita tidak perlu mendengar dari mereka? Adakah kita akan menghebah dakwaan kejayaaan kita ini kerana bersandar kepada bailout lebih awal dahulu? Adakah kita sekarang mengiyakan pergantungan kita terhadap kawalan modal dan matawang, atas alasan ia telah meletakkan kita di atas kedudukan yang lebih baik dari yang lain, seperti dakwaan sesetengah pemimpin? Ini satu premis yang salah. Bailout tidak boleh digunakan sebagai pelapik bagi kroni kapitalisme. Kawalan modal tidak boleh digunakan untuk
tujuan pribadi.

Seperti yang pernah saya katakan dahulu, kekakuan yang bermula pada musim panas yang lalu muncul dari krisis subprim yang telah merebak menjadi sitaan menyeluruh. Masih ramai yang teraba-raba di dalam gelap. Sebahagian masih terus menafikannya. Krisis sekarang telah tiba ke suatu tahap yang menurut ucapan orang kemelesetan di seluruh dunia semakin hampir, sekiranya tidak sudahpun mencengkam kita.

Bekas Pengerusi Lembaga Rizab Persekutuan, Alan Greenspan baru saja berkata semalam bahawa lebih banyak dana simpanan kerajaan diperlukan untuk menstabilkan sistem kewangan AS. Menururtnya, pasaran ekuiti dunia kini tumpas pada “satu tahap membimbangkan yang tidak pernah dialami sejak awal abad ke-20.” Saya tahu, sesetengah pihak menyalahkan Greenspan terhadap keadaan sekarang ini tetapi saya percaya ini benar-benar hujah yang tersasar. Tuduh menuduh boleh diteruskan tanpa penghujung tetapi persoalannya adalah apa yang perlu dilakukan bagi menghadapi situasi ini.

Menurut Greenspan, sistem kewangan mesti dirombak-pulih atau jika tidak kesan positif rangsangan fiskal akan melemah. Ujian sebenar rangsangan fiskal adalah samada ia “menggalakkan perbelanjaan” atas permintaan pribadi. Saya setuju.

Walaupun lokus penyembelihan adalah Amerika Syarikat, namun dalam banyak hal kemelut sekarang menunjukkan beberapa persamaan dengan krisis Asia dahulu. Kita mungkin berfikir pelajaran yang diperolehi dari krisis di Asia, terutamanya di rantau Asean, boleh membantu kita melayari perairan berbahaya yang barangkali sedang kita tuju.

Sepertimana krisis di rantau Asean, tidak diragukan lagi terdapat isu-isu serius berkenaan pentadbiran, ketelusan dan akauntabiliti yang sedang dipertaruhkan.

Untuk beberapa waktu sebelum krisis kewangan Asia 1997, para pemimpin Asia terperangkap dalam keghairahan tentang apa yang dinamakan sebagai keajaiban Asia Timur. Para peragu disingkir sebagai pesimis. Mereka yang menyaran sekatan fiskal termasuk saya sendiri, dicop sebagai perosak parti dan disingkir sebagai tukang ramal hari kiamat. Tetapi apabila kebocoran berlaku, ia melibatkan jumlah yang besar dan ramai menjadi mangsa kesan racunnya, melainkan sebilangan orang yang bernasib hebat kerana menjadi kroni dan ahli keluarga pemimpin politik tertentu.

Sekarang, ini adalah sebahagian dari sejarah, kita tidak perlu ke kembali ke sana. Tetapi dalam soal ini, keadilan sosial mesti dipertahankan sebagai salah satu dari tujuan utama kerajaan. Sekali lagi amat jelas, apabila dibiarkan tanpa diperiksa dan diatur semula,natijah pasaran yang mengamuk, bukan sahaja berlaku pada taburan pendapatan kasar yang tidak seimbang tetapi turut melibatkan kegagalan sistem.

Pengaturan sendiri terbukti telah gagal. Pasaran yang tersusun baik merupakan tata atur (order) hari ini, di mana kontrak harus dihormati dan prinsip urusniaga yang adil dilaksanakan. Tetapi peraturan mesti hadir bersama ketelusan dan akauntabiliti, tanpanya, ia akan mengembang-biak rasuah dan penyalahgunaan kuasa.

Kerajaan harus menjawab kepada rakyat, bukannya kepada konglomerat tidak kira betapa besar pun mereka. Bukan urusan mereka untuk menyelamatkan institusi-institusi dan syarikat-syarikat yang diurus dengan teruk. Jika anda terus membelanjakan wang yang bukan anda miliki, cepat atau lambat ia akan membawa kerugian.

Dalam soal ini, adalah mengejutkan untuk melihat hutang nasional kita menghala arah ‘utara’ sedangkan ekonomi kita menghala arah ’selatan’, dan dalam proses ini ia tidak meningkatkan tabungan nasional kita, akan tetapi defisit fiskal kita berbanding GDP. Sebagaimana yang kita tahu, pakej rangsangan baru yang disarankan ini akan mewujudkan kemikan besar yang lain di atas kunci kira-kira. Jangan tersilap. Saya tidak menentang galakan perbelanjaan ekonomi. Malah, saya adalah salah
seorang pendokong utama polisi tersebut.

Tetapi hari ini, isu-isu mengenai pentadbiran dan rasuah masih belum terurai. Cukup untuk dikatakan bahawa para pemerhati bebas tidak dapat menerima kita dalam indeks persepsi rasuah. Kuasa terus digenggam kemas demi kekuasaan dengan menggunakan semua cara yang perlu demi mengekalkan atau malah membesarkannya, sekalipun jika terpaksa berpaut pada cara-cara yang tidak mengikut perlembagaan.

Saya percaya ini adalah beberapa tindakan penting yang mesti kita ambil untuk menguruskan tempuh ujian di hadapan:
Kita perlu memulihkan bebatan ekonomi dengan mengadaptasi dasar mesra pasaran dan mengambil tindakan tegas untuk merawat kudis bernanah rasuah dan kronisme yang hampir memusnahkan badan kehakiman, menyebabkan kelesuan badan anti-rasuah dan menghisap berbilion dolar dari tabungan negara.

Kita sedang melihat kelemahan-kelemahan asas ini. Ini selain dari isu nyata tentang risiko pengurusan, rekabentuk kewangan dunia dan institusi-institusi yang perlukan reformasi dasar. Jangan tersilap. Kita tidak hadir di sini untuk menyeru ekonomi perintah Orwellian tetapi kita tidak boleh lagi berada dalam keadaan menafikan keberkesanan pendekatan akal budi untuk mengurus ekonomi.

Kita mesti memulihkan keyakinan terhadap institusi-institusi kerajaan baik di dalam negeri dan antarabangsa agar para pelabur sekali lagi akan melihat negara ini sebagai destinasi menarik untuk pelaburan jangkamasa panjang mereka. Antara perkara lain, ini bererti pegangan tegas terhadap kedaulatan undang-undang dan pengakhiran segera bagi statut kejam yang merelakan kuasa diguna untuk menahan pencabar-pencabar mereka sesuka hati tanpa proses sepatutnya.

Kita perlu memperkenalkan reformasi dasar dalam program pemerolehan awam dan pengurusan syarikat-syarikat negeri sambil memastikan jalinan keselamatan sosial yang mencukupi disediakan.

Petronas harus diletakkan agar bertanggungjawab kepada Parlimen dan tidak menjadi bank persendirian untuk dilahap pengurusan tertinggi. Perbendaharaan Nasional tidak boleh beroperasi di awangan dan tanpa bertanggungjawab kepada rakyat. Dalam kata ringkas, GLC (syarikat berkait kerajaan) mesti mampu berdiri tegak di atas penilaian rakyat dan melakukan urusan mereka secara terbuka dan telus.

Jika pasaran kita kuat dan tidak terbelenggu, dan jika undang-undang kita telus dan dikuatkuasa oleh hakim-hakim yang tidak berpihak, kita tidak perlukan koridor-koridor pembangunan istimewa untuk menarik pelaburan. Persekitaran niaga yang stabil dan bersih tidak wujud dalam satu malam. Kita pertama sekali perlu menangani rasuah dan kerajaan yang kabur. Dasar-dasar yang penuh belas adalah penting demi menyembuhkan luka akibat pembangunan yang tidak seimbang. Juga sama pentingnya agar bumiputera miskin akhirnya dapat mencapai bantuan ekonomi yang sentiasa meleleh.

Prinsip utama dasar ekonomi ini adalah peluang sebenar mesti disediakan bagi setiap rakyat Malaysia – untuk belajar, dan mendapat kehidupan yang jujur, serta mencapai impian mereka.

English Version:

In my last major economic address in Hong Kong in September last year at an international conference on global finance, I said that Hayek the late Nobel laureate for economics was history. I was told I was courting trouble saying such a thing and that I would come under attack by free marketers, liberals and libertarians who believe in the-be all and the-end all of free market capitalism.

On the other hand, John Maynard Keynes, from which I drew inspiration in my time as Finance Minister, was a firm believer in the need for pump priming when the chips are down. It was incumbent on the state to do something when the economy was heading southwards. Hayek’s credo on the other hand was that those who live by the market must also die by the market.

So when I said that Hayek is history it was of course not just taken from my hat but was in reference to the multi-billion dollar bailout that was on the table then before the U.S. Congress, before the election of Obama. And now that reference too is history as just the other day Congress passed the biggest stimulus package since the great Depression.

With this gargantuan stimulus plan, it would be clear that President Obama knows that the free market is well and good but Adam Smith’s invisible hand may sometimes continue to be invisible if not altogether paralysed when the time for action draws nigh.

The question now is have we drawn any lessons from history? We know what consequences may ensue if we adhere strictly to free market principles. In the 1930s, the Federal Reserve folded its arms and did absolutely nothing even as the financial system was cracking under the weight of massive defaults.
As history tells us, this policy of letting the market find its level by doing nothing eventually caused the collapse of the American economy. And this then spread to Europe. Then there too would have been lessons from the crash of October 87 as well as the savings and loans scandal.

Then of course, there was the 1997 Asian financial crisis. Well, I don’t know what lessons the Americans learnt but as for me, the lesson was: Don’t disagree with your boss even if you know that he is wrong, especially if he is the Prime Minister and you’re only the Deputy!

But jokes aside, what exactly were the lessons learnt? Is it that we can thumb our noses at America and say that we don’t need to listen to them? Do we trumpet our alleged success in resorting to bailouts even much earlier? Do we now justify our resorting to capital and currency controls on the ground that it has put us on a better position than others, as some leaders have claimed? This is a false premise. Bailouts cannot be used as a veneer for crony capitalism. Capital controls cannot be used for private purposes.

As I’ve said before, the convulsions that began the last summer arising from the subprime crisis have morphed into a full blown seizure. Many are still groping in the dark. Some are still in denial. The current crisis has reached such a level that by all accounts a worldwide recession looms near, if not already gripping us.

Former Fed Chairman Alan Greenspan said just yesterday that more government rescue funds are needed to stabilize the U.S. financial system. According to him, the global equity market is being suppressed by “a degree of fear not experienced since the early 20th century.” I know, some quarters have blamed Greenspan for this current state of affairs but I believe that is really missing the point. The blame game can go on ad infinitum but what matters is what is to be done to deal with the situation.

According to Greenspan, the financial system must be overhauled or else the positive impact of a fiscal stimulus will peter out. The real test of fiscal stimulus is whether it “primes the pump” for private demand. I agree.

Even though the locus of the slaughter is the United States, in many ways the current upheaval bears some similarities to the Asian crisis. We would think that the lessons learnt from the Asian crisis, in particular the Asean region, could help us navigate the treacherous waters that we may be heading towards.

Like the crisis in the Asean region, there are without a doubt serious issues of governance, transparency and accountability at stake.

For some time before the 1997 Asian financial crisis, Asian leaders were caught up in the euphoria about the so-called East Asian miracle. Sceptics were dismissed as naysayers. Those calling for fiscal restraint, including myself, were branded as party spoilers and dismissed as doomsday prophets. But when the meltdown came, it exerted a heavy toll and many fell victim to its toxic effects, save for some who had the great fortune of being cronies and family members of certain political leaders.
Now that is one part of history we don’t need to go back to. But in this regard, social justice must remain one of the main purposes of government. It is once again all too apparent that, left unchecked and unregulated, the consequence of markets running amok is not just gross inequalities of income distribution but systemic failure altogether.

Self-regulation has obviously failed. A well-regulated market is now the order of the day, where contracts should be honoured and the principles of fair dealing applied. But regulation must come with a policy of transparency and accountability without which it breeds corruption and abuse of power.
Governments are answerable to the people, not to corporations no matter how big they may be. It is not their business to bail out badly run institutions and companies. If you keep on spending money which is not yours, sooner or later it will take its toll.

In this regard, it is alarming to see our national debt going northwards even as our economy is going southwards, enlarging in the process not our national coffers but our fiscal deficit against our GDP. As we know, this new stimulus package that is being proposed will be making another huge dent on the balance sheet. Make no mistake. I am not against pump priming of the economy. I was in fact one of the chief proponents of such a policy.

But today, issues of governance and corruption are yet unresolved. Suffice it to say that independent watchdogs are giving us the thumbs down on the corruption perception index. The powers that be continue to hold tenaciously to power and employ all means necessary to perpetuate it or even enlarge it, even if it means resorting to unconstitutional ways.

I believe these are some of the essential measures we must take to deal with the trying times ahead:
We must revive the lagging economy by adopting market friendly policies and take decisive action to cure the festering sore of corruption and cronyism that has decimated the judiciary, rendered the anti-corruption impotent and leeched billions of dollars from the state coffers.

We are looking at foundational weaknesses. Apart from the obvious issue of risks management, the global financial architecture and the institutions need structural reform. Make no mistake. We are not here to advocate command economies of the Orwellian kind but we can no longer be in a state of denial as to efficacy of a common sense approach to managing the economy.

We must restore faith in the institutions of governance both domestically and internationally so that investors will once again find the country an attractive destination for their long-term investments. Among other things, this means strict adherence to the rule of law and an immediate end to draconian statutes that would allow the powers that be to detain their adversaries willy-nilly and without due process.
We must introduce structural reforms in public procurement programmes and the management of State companies while ensuring that adequate social safety nets are in place.

Petronas should be made accountable to Parliament and not remain the private piggy-bank of the Executive Branch. The National Treasury cannot go on operating by staying aloft and unaccountable to the public. In a word, GLCs must be able to stand up to the people’s scrutiny and have their dealings open and transparent.

If our markets are strong and unfettered, and if our laws are transparent and enforced by impartial judges, we will not need special development corridors to attract investment. A stable and clean business environment cannot happen overnight. We must first do away with a corrupt and opaque government. Compassionate policies are essential in order to heal the wounds caused by unequal development. Just as importantly, poor bumiputeras will finally be able to access economic aid that trickles all the way down.

The central principle of these economic policies is that the right opportunities must be made available to every single Malaysian –to learn, to earn an honest living, and to realise their dreams.

Thank you.

Constitutional monarchy revisited

Sim Kwang Yang

At the time of Independence, our system of parliamentary democracy was fashioned very much after the Westminster model.

MCPX

Like many other political institutions in Malaysia, the institution of our constitutional monarch also has its historical root in Europe, especially in the evolution of that Mother of all parliaments, the House of Commons.

To understand and unravel many of the unfolding dramas in Perak and elsewhere nowadays, perhaps we have to visit again 17^th century Europe, especially the evolution from absolute monarchy to constitutional monarchy in England.

That big step in human history took the toll of three civil wars in that country, and the head of an English monarch, culminating in the Glorious English revolution of 1688.

Even before this turbulent century, the personal will of the king in England for absolute rule over his realm had been limited by the Magna Carta, a legal Charter issued in the year 1215.

Personal properties

The Magna Carta required King John of England to proclaim certain rights for the nobles and barons, requiring him to follow certain legal procedure and accept that his royal will could be bound by the law. It gave birth to the famous legal instrument the writ of habeas corpus that would protect the king’s subjects from arbitrary arrest. Raja Petra Kamarudin was freed upon such an application for writ of habeas corpus.

Nevertheless, Europeans monarchs in early 16^th century still treated their states and their subjects as personal properties. Likewise, they were revered in personal terms, irrespective of their personal conduct, wisdom, or courage. Any criticism of the monarch or even the slightest sign of disrespect was labelled as treason punishable by banishment or death. (Does that sound familiar in modern day Malaysia?)

In the early 17^th century, the monarchy had been transformed into an office of state, embodying personally their nation. That was the beginning of the proto nation-state in Europe.

In exercising their royal prerogative to rule their kingdom in any way he saw fit, the English king relied on his divine right to rule. The king had been annointed by God’s divine will to be his representative on earth to look after the subjects. In a country where all the people were Christians of one kind or another, this was a powerful argument.

But the kings in their newfound glory also suffered many setbacks. They had to find a lot of money, to maintain a standing army for the constant warfare with neighbouring states, to fund a luxurious life style in the palaces, and to hire and pay an ever expending army of government functionaries to run his realm. He had to levy taxes, usually on those least able to pay them, the towns tradesmen, the farmers, and the artisans.

In 1620 and 1641, there were two droughts that sent the poor people of England to the brink of a famine. Elsewhere in Europe, the rising price of bread was often the cause of many riots, culminating in the storming of the Bastille and the bloody French Revolution of 1789.

In 1640, a Scottish army had successfully invaded England under the rule of Charles I. An army had to be raised and a war had to be fought, so the king summoned the Long Parliament to seek money for the war efforts.

The Long Parliament sat for a long time, and saw little urgency in helping King Charles I. Instead, they were trying to wrestle away some concessions from his royal power. The king grew impatient, and so he left London and headed north, where, in 1642, he raised his royal standard and declared the leaders in Parliament rebels and traitors. England was plunged into a civil war.

Declaration of Rights

After three years of inconclusive war, the Parliament finally triumphed in 1645, and King Charles was captured. He was finally trialled and executed in on 30 January, 1649. The monarchy and the House of Lords were abolished, and England was declared a Commonwealth. It was a time of very intense instability for the country.After a while, the ruling class discovered that they could not rule the country without their king, and so Charles II (1649-1685) took the throne in 1660. Parliament emerged as the powerful force within the Crown’s government, as royal power over taxation and religion was curtailed.

England was to be a reformed Protestant state. But the tension between the palace and the House of Commons persisted.

This tension came to the fore when James II came to the throne in 1685. A declared Catholic, he tried to use his power of appointment to foil the constraints that Parliament had imposed upon him.

He appointed Catholics to top positions in the military and in the central government to usurp the power of the Parliament. He dismissed judges. He even tried to pack the Parliament with his supporters.

This was too much for the governing class, so they negotiated with William of Orange in Holland, husband of Mary, King James’ eldest daughter. In 1688, William landed in England with a small force.

James II fled to France, and the throne was declared vacant. So William and Mary were proclaimed King and Queen of England. The transition was achieved without much bloodshed, and the event came to be known as the Glorious English Revolution.

The Declaration of Rights was presented to William and Mary before they took the throne. The Declaration re-asserted the fundamental principles of constitutional monarchy as they had developed in England in the previous 50 years.

Security of property and the regularity of Parliament sittings were guaranteed. The Toleration Act granted religious freedom to nearly all groups of Protestants. The liberty of the subjects and the rights of the sovereign were to be balanced.

The great theorist of the Revolution was the philosopher John Locke, who developed the theory of the Social Contract to legitimate the power of the sovereign to rule, to replace the old theory of the King’s Divine right to Rule.

In the case of England, the sovereign is a symbolic constitutional monarch sitting at the head of a council of people’s representatives operating according to the rule of law.

People would obey laws and all political authorities because when they emerged from a “State of Nature”, they sort of arrived at a collective contract in which power was given to a sovereign in return for guarantee of personal security and ownership of property.

If that contract was broken, then the legitimacy of power of the ruler would be lost.

Exemplary Queen Elizabeth II In the case of England, the institution of constitutional monarchy has worked well, and despite her domestic problems, Queen Elizabeth II has been exemplary in the discharge of her duty, as successive prime ministers who have served under her reign would testify.

(I watched her being interviewed on TV once, and could not help admiring her when she commented at how fast her prime ministers aged in office. That is the touching human side to Her Majesty.)

Even so, there had been calls in the UK for the monarchy to be scrapped altogether. In Australia and Canada, there are more than a few people who do not see any sense in retaining the Queen as the constitutional head of their respective state.

I have read historians who argue for the legitimacy of the monarchy in Malaysia as well. The history of the Malay Sultans goes back five centuries.

Certainly, in the Umno Malay nationalist narrative, the institution of the sultan is at the core of their collective memory as an ethnic nation. The sultan is vital for the self identity of the Malay ethnic community. I can understand and empathise with that.

But the institution of constitutional monarchy in Malaysia has been evolving in the past half century, just as the Malay self-identity has also evolved and become much more diversified and modernised than in the early stage of our Independence.In his very learned piece on Malaysiakini, the former Court of Appeal justice NH Chan has argued how important it is for the Malaysia rulers to show justice in the discharge of their constitutional duties.

Justice must not only be done, but it must be seen to be done. The sultans must not be seen to be biased in the exercise of their very important discretionary powers. The event in Perak will be discussed for decades, among both legal practitioners and laymen alike.

Meanwhile, Perak is locked in a political impasse, and I wonder how the state government can lift itself from this paralysis. Again, I agree with many commentators and ordinary people both inside and outside Perak, that the only solution to the whole charade is to hold a fresh state election soon.

Unfortunately, given the waning appeal of Umno and Barisan Nasional as a whole, a state election in Perak is not going to happen any time soon,

It all goes to show how we Malaysians have arrived at these interesting but dangerous days!

Mkini

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

Karpal takes MACC chief to task

Malaysian Anti-Corruption Commission (MACC) chief Ahmad Said Hamdan has violated the rule of law by a issuing public prejudgment that “there was strong and good evidence” against Selangor Menteri Besar Abdul Khalid Ibrahim in alleged wrongdoing in the maintenance of a luxury car and purchase of sacrificial cows.

MCPX

In taking Ahmad to task over his statement yesterday, DAP national chairperson Karpal Singh today demanded that the MACC chief publicly clarify the basis on which such public disclosure on the findings of a graft investigation were released before prosecution was even instituted.

“It’s a prejudgment that the MACC chief must explain immediately. I will bring up the matter in Parliament if he fails to do so,” warned the Bukit Gelugor MP, a lawyer by training, at his office in Georgetown.

“Ahmad’s public statement would compromise and jeorpadise Abdul Khalid’s case,” he stressed.

Yesterday Ahmad Said claimed that the MACC had strong evidence against Abdul Khalid, and that the case had been referred to the Attorney-General’s chambers for further action.

He also said even though the MACC has prosecution powers, the case was forwarded to AG’s chambers because it involved a VIP.

Karpal today rebuked Ahmad for lacking the necessary knowledge on the very law that governs the MACC, which arguably does not bestow any prosecution powers on the commission.

He pointed out that Section 58 of the new Malaysia Anti-Corruption Commission Act clearly states that, “A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Public Prosecutor”.

By virtue of Section 58, Karpal noted that the the power of prosecution had not been vested with the MACC and it could only be done with consent from the AG’s chambers.

“It’s shocking the MACC chief did not know about Section 58. It exposes his incompetence,” said Karpal, who also questioned MACC’s double standard enforcement and selective prosecution.

VK Lingam case forgotten?

He called on Ahmad to initiate further action into the VK Lingam case, in which a Royal Commission inquiry had found strong evidence revealing misuse of powers and conflict of interests.

He questioned why even after a year, MACC was yet to charge anyone in connection with the VK Lingam case, while the commission had been “so efficient” in handling Abdul Khalid’s case.

Karpal also chided former Selangor Menteri Besar Mohd Khir Toyo for suggesting that Abdul Khalid should resign if he were to be charged in court for graft.

“Under the law, one is innocent until proven guilty. So I don’t think Abdul Khalid needs to step down as menteri besar here,” he told newsmen.

Earlier, police officer ASP Ismail Jamaluddin recorded Karpal’s statement over the live bullets and life-threatening note sent to his home in Jalan Utama, Georgetown, on Thursday.

The police interview, which lasted some 80 minutes, was conducted following the DAP leader’s police report lodged at the Jalan Penang police station yesterday. Mkini

Anwar breaks the ice with top S’wak DAP leaders

Visiting PKR de facto leader Anwar Ibrahim today had what can be  described as an ice-breaking meeting with Sarawak DAP top leaders to open negotiations on the distribution of seats in the next state elections.

MCPX

State DAP chief Wong Ho Leng who is also Bukit Assek state assemblyperson told Malaysiakini that the 30-minute meeting this afternoon in Kuching was attended by three state DAP leaders – party veteran and first Sarawak DAP chair Chong Siew Chiang, Kidurong state assemblyperson Chiew Chin Sing and himself  – and only Anwar, the Permatang Pauh MP and Sarawak PKR liaison chief.

He described the meeting as an ice-breaking one which was cordial and fruitful.

The three DAP leaders are members of the party’s state negotiation team.

Wong also said that the Sarawak DAP will only talk to Anwar on the issue of seat distribution.

The meeting was said to be exploratory and did not go into details.

The Borneo Post today reported that DAP is likely to contest in several bumiputera seats, apart from the majority of Chinese or urban seats.

Bintulu dinner tonight

Presently, the party has six state assembly seats – all Chinese-majority, mostly in Kuching. Recently, it has been actively building up grassroots support in rural areas and has also set up a number of branches in those areas, including in Sri Aman.

Anwar flew in at noon from Kuala Lumpur to Kuching on his way to Bintulu to address a public assembly at a venue 11km from Bintulu town.

About 4,000 people are expected to attend.

He also chaired his first state PKR liaison committee meeting this afternoon in Kuching.

Among those who attended were the state assemblyperson for Padungan Dominique Ng and state party advisor Hafsah Harun.

The other PKR state assemblyperson for Ngemah Gabriel Adit is in Bintulu making preparations for the function tonight.

Anwar told reporters after the meeting with DAP leaders that the BN especially Chief Minister Abdul Taib Mahmud’s Parti Pesaka Bumiputera Bersatu is worried about the groundswell support for the opposition party particularly in Bidayuh areas in Bau and Lundu and is pouring in a lot of money for development there.

But he said he was confident the people would not be swayed by such offers and promises.

No by-election in Bukit Lanjan yet

The question of having a by-election in Bukit Lanjan following assemblyperson Elizabeth Wong’s offer to quit the post does not arise for now.

Speaking at a press conference in Subang, PKR vice-president Azmin Ali today said the state Speaker Teng Chang Khim has yet to receive Wong’s resignation letter even though she had offered to resign following a nude photographs controversy last week.

opposition boycott batu talam election pc 110107 azmin ali”Resigning and offering to resign are two different things. In this case, Wong offered to resign, but she has not resigned. So the question of a by-election in Bukit Lanjan does not arise,” said Azmin.

“Besides, the Speaker has no power to decide whether or not the seat is vacant. The Election Commission should just focus on the two up-coming by-elections in Bukit Gantang and Bukit Selambau.”

Azmin said although the party “respected” Wong’s decision to quit her post at the state assembly and as executive councillor, it would wait for the Selangor menteri besar to seek guidance from Sultan Sharafuddin Idris Shah before making any decisions.

“That is why she (Wong) was given some time for a vacation until the menteri besar seeks the sultan’s consultation. The sultan will be away until Feb 25 and a decision can only be made after he returns,” he said.

The EC had recently said that it was prepared to hold simultaneous by-elections for the three ‘Bukit’ seats, including Bukit Lanjan, if it is vacated.

Chairperson Abdul Aziz Mohd Yusof said the commission could consider holding simultaneous by elections for the Bukit Lanjan state seat (Selangor), Bukit Gantang parliamentary seat (Perak) and Bukit Selambau state seat (Kedah) in April.

“There is a possibility (of simultaneous polls) if there is a vacancy (in Bukit Lanjan)… but until now, the seat has not been vacated,” he was quoted as saying.

The EC has already decided to hold simultaneous by-elections for the Bukit Gantang and Bukit Selambau seats on April 7.

MACC has no right to implicate Abdul Khalid

Selangor Pakatan Rakyat leaders also today joined in the chorus of voices speaking out against the Malaysian Anti-Corruption Commission (MACC), saying it had indeed acted beyond its powers when it publicly announced that the Selangor Menteri Besar Abdul Khalid Ibrahim could be charged on abuse of power allegations.

khalid ibrahim and sprm maccYesterday, the MACC said that it had ‘strong evidence’ of Abdul Khalid’s alleged wrongdoing in the maintenance of a luxury car and the purchase of sacrificial cows.

Azmin said only the Attorney-General’s chambers could make such a decision.

“MACC has no right to publicly announce the results of its investigations before a final decision is made by the AG’s chambers.

“This clearly shows that the MACC has acted beyond its powers and this could be seen as an attempt to influence the AG’s decision to,” he added.

Azmin, who is also Gombak MP and Bukit Antarabangsa assemblyperson, claimed that it was an “assault planned by Umno and Barisan Nasional to threaten the Pakatan-ruled administration in Selangor”.

“We believe that Pakatan’s leadership will be the main target of Umno and BN lies in the coming months,” said Azmin, adding that under the MACC Act, the body had no power to prosecute as its powers were limited to conducting investigations.

“When we first debated the MACC bill during the previous Parliament sitting, we had suggested that it should be empowered to prosecute by itself, but they (government) did not agree, saying that the AG’s chambers should decide on whether to prosecute or not.”

MB has explained

On Wednesday, Abdul Khalid had filed two suits against former Selangor menteri besar Dr Mohd Khir Toyo regarding the ‘car and cows’ allegations which appeared in the New Straits Times and Utusan Malaysia.

Mohd Khir had alleged that the current menteri besar had purchased a Lexus as his official car.

However, Abdul Khalid later clarified that the car was his own but he was also using it for official purposes.

Following this, an anti-corruption watchdog filed a MACC report accusing Abdul Khalid of using public funds to maintain the vehicle.

On the cattle issue, Abdul Khalid was accused of misusing RM110,400 of state funds for the purchase of cattle for his Bandar Tun Razak parliamentary constituency in conjunction with Hari Raya Korban celebrations.

The menteri besar later explained that the arrangements to purchase and donate the cattle were made solely by the state agency, Selangor Development Corporation (PKNS) and the donor companies, without his or his officers’ involvement.

Azmin defended Abdul Khalid, saying the matter has been clarified. “Abdul Khalid had filed two lawsuits against Mohd Khir and he has clarified these allegations and we believe he is innocent. MACC which is supposed to be an independent and responsible body, clearly does not act like one,” he said.

teresa kok sues chamil waraya utusan malaysia court 121208 03Member of Parliament for Seputeh and state assemblyperson for Kinrara, Teresa Kok believes the MACC has acted in favour of Mohd Khir because he is contesting for the UmnoYouth chief’s post in the upcoming party polls in March.

“This goes to show that MACC is not free and it acted on petty issues such as the car and cows allegations. It also has become the BN’s tool to discriminate against Pakatan leaders”.

Azmin also today slammed the newly-minted commission for saying that Opposition Leader Anwar Ibrahim had “affected investigations” carried out by MACC when he made a revelation on bribe attempts in Parliament recently.

“The commission has been delaying its investigation on the case. Besides, what Anwar said in the House is the truth as it is not something that can be said on the streets. The House is the highest platform in our constitution,” said Azmin.