Court of Appeal judgment is a flop

KIM QUEK

The pain was acute and deep when the verdict came, despite it being widely anticipated. The complete silence that greeted the Court of Appeal decision in favour of Zambry Kadir – in contrast to the uncontrollable jubilation that hailed the high court declaration of Nizar Jamaluddin as the lawful Menteri Besar only 10 days ago – spoke for itself. I believe the disappointment and suppressed fury prevailing in the court room this time was reflective of the feelings invoked across the nation when Justice Raus Shariff delivered the 5-minute oral judgment that marked a new low in our judiciary on May 22.

How can the nation not be disappointed when Raus’ judgment is nothing but regurgitation of a list of the Appellant’s (Zambry) arguments, void of any reasoned input by the panel which also included Justices Zainun Ali and Ahmad Maarop? How can we call this a judgment when the comprehensive and meticulous grounds of judgment of High Court Judge Aziz Rahim and the compelling presentations by the Respondent’s (Nizar) lawyers are completely ignored and side-stepped?

Topmost of the Respondent’s argument is that the Sultan has no power to sack a menteri besar. The panel kept mum on this issue, and since the Appellant didn’t dispute this contention either, it must follow that the issue is settled – the Sultan has no such power. And since Nizar had not resigned when the Sultan appointed Zambry, then how could the court conclude that the Sultan was right in appointing Zambry? Unless of course, the court is saying that the Sultan is entitled to appoint a second menteri besar when the first one is still serving? But would anyone in his right mind suggest that?

Following the footstep of the Appellant, the court seems to be equally obsessed with the notion that Nizar had lost the majority, and corollary to that, anything done to get rid of Nizar is okay, as it complies with the democratic principle that the majority must rule.

This line of thinking is defective legally and constitutionally, as the transition of government must follow the rules laid down in the law and the constitution, failing which it is deemed illegal.

SULTAN CANNOT SACK MENTERI BESAR

In this country, even when the Monarch is satisfied that the head of government has lost majority support, the former has no power to dismiss the latter. This is made abundantly clear in our constitution (whether Federal or State) which expressly states that only the ministers – not the prime minister or chief minister (menteri besar) – serve at the pleasure of the Monarch.

In the case of Perak, even when Nizar has truly lost the majority (which is not at all the case), the Sultan has no choice but to wait for Nizar to resign before he can appoint another menteri besar, if the Sultan withdraws his consent to a dissolution of the state assembly.

Could we then consider this as a major defect in our constitution – a major oversight by the crafters of our constitution? Not at all the case, as our forefathers did not consider it likely that such an eventuality could occur – a head of government so shameless that he refuses to step down when he has truly lost the majority support. And they were proven right, as it has not happened in the past, neither is it happening now.

The crisis in Perak did not spring from Nizar’s refusal to resign for having lost the majority, but was caused by his disagreement that that he had lost the majority. That was made abundantly clear to the Sultan during the audience on Feb 4 when Nizar stressed that there was a stalemate at the assembly following the resignations of three Pakatan assemblymen from the assembly and proposed that the assembly be dissolved. And when the Sultan’s secretary released a press statement the next day, stating that His Royal Highness did not consent to the dissolution of assembly but instead asked Nizar to resign due to HRH being convinced that Nizar “had ceased to command the confidence of the majority of the State Assembly members”, Nizar quickly delivered a written appeal to HRH the same evening, refuting Barisan Nasional’s claim of majority, and reiterating that the assembly was tied at 28, as the Speaker had already accepted the resignation of three Pakatan assemblymen. Nizar further informed HRH that the Speaker and the Perak government had applied to the High Court to declare that these three persons were no longer assemblymen.

This application is still pending in the high court.

Until this court case is finally settled, no one can claim majority in the assembly without a vote of confidence in the assembly that is legally and properly convened. But that wouldn’t be anytime soon as the myriad of interconnected suits and counter suits pending in the high courts would impede the holding of such a seating.

ASSEMBLY THE FINAL ARBITER

Significantly as submitted by the Respondent, the Speaker also made an urgent appeal in writing to HRH on Feb 6 to convene a special seating of the assembly, but unfortunately this was not acceded to. So, instead of allowing the assembly to determine the vital question of confidence, the Sultan had relied on his personal interview with individual assemblymen in the Palace to form his judgment that Nizar had lost his majority, thus sparking off a chain of events that have badly shaken public confidence in the integrity and political neutrality of almost all the institutions of state under the Barisan Nasional leadership.

Can the Sultan supplant the assembly as the legal authority to ascertain the level of confidence the Menteri Besar enjoys in the assembly? High Court Judge Aziz has ably answered the question in his judgment on Feb 11. He said that reading Clauses 2, 5 & 6 of Article 16 of the Perak constitution together will lead one to logically conclude that it is the assembly that determines whether it has confidence in the Menteri Besar as head of the the Executive Council, as “the Executive Council shall be collectively responsible to the Legislative Assembly” (Clause 5). Since the Menteri Besar and his Exco are answerable only to the assembly and to no one else, why should the Sultan or for that matter, any third party be allowed to be the final arbiter as to whether the Menteri Besar has lost the confidence of the assembly and therefore must quit? In other words, while it is the Sultan who appoints a menteri besar, it is only the assembly which can decide his fate.

Regretably, the panel led by Justice Raus had no answer for this remarkable ground of Aziz’s judgment. And without giving a single instant of how Aziz has floundered, how could the panel conclude that “the learned high court judge erred in law when interpreting the Perak Constitution” and overturned his judgment?

JUDGMENT COLLAPSES

It is clear that the panel’s judgment has already collapsed on these two scores alone – that the Sultan has no power to sack the Menteri Besar, and that the Sultan cannot supplant the assembly to ascertain the confidence enjoyed by the Menteri Besar.

The saddest part is that this judgment is but one of a series of judgments handed down over the Perak crisis from the nation’s highest courts – federal court and court of appeal – which have been widely criticized as politically partisan resulting in various dubiosities – blatant disregard of constitutional provisions, judgment without proper or written grounds or judgment in indecent haste. This only serves to confirm a widely held opinion that in the rarefied stratosphere of these courts, honesty and integrity are rare commodities, which must be the inevitable phenomenon of a system that rewards the compliant but dishonest and punishes the non-compliant but honest.

One can foresee that as the Barisan Nasional continues to maintain its questionable hold of power in Perak, more and more of these abominable transgressions of justice will flood our radar screens as the host of legal cases unwind themselves through the higher courts. While these will inflict grievous damage to our national image, they will ironically hasten the day of real reforms as more and more people will become convinced that the only way to restore the rule of law is to have a regime change.

Malaysia Today

Nizar: We Will Fight Until the End

Mkini

What next in Perak … on a lazy Malaysian Sunday?

The Appellate Court decision yesterday to restore BN’s Zambry as the Perak Mentri Besar should not have surprised too many informed Malaysians.

We have lived through the constitutional crisis in 1988, when judicial independence was stripped through constitutional amendments rammed through the Parliament by the BN two-third brute majority.  We have lived through the Lingam Tape scandal before the 2008 general election.  We have seen half-past-six attempt on judicial reform after the 2008 political tsunami.  It is judicial business as usual, Malaysia style.

Even if Nizar gets his written judgement, and he appeals to the Federal Court against the decision of the Appellate Court, what do you think the final decision of the Apex court will be?  You want to bet, even for a cup of coffee?

The immediate implication of the Appellate Court is quite appalling.  It means that the Malay Rulers can now dismiss his Menteri Besar without a vote of no-confidence in the Perak State Assembly.  All the Malay Rulers and the Governors of the states can do that.  The Agong can now dismiss his Prime Minister in like fashion.

The decision gives the constitutional monarchs executive powers which are not given to them in the nation’s constitution!  It changes the nature of Malaysia as a parliamentary democracy and a constitutional monarchy!  In one fell swoop, the supremacy and the sovereignty of the people as symbolised by the institution of the elected state assembly has been sabotaged!

At least, I discuss the merits and demerits of the judgment passed by the justices sitting on the Appellate Court in that landmark decision yesterday.  I have not embarked on an attack on their persons.  I remember vaguely that to attack the person of the judge whose decision you do not like is tantamount to the crime of contempt of court.  You can go to jail for it.

But when the decision of the Appellate Court was out on net new portals yesterday, when Malaysiakini was overloaded by a massive digital traffic jam, there was a spontaneous tsunami of outrage among Netizens in Malaysia.  There was a sea of comments vilifying the judges sitting on the Appellate Court.

If the justices want to name these people for contempt of court, there will be insufficient jails in Malaysia to hold them all.

In a British traditional common law system, judges hold dear to the principle that the accused should not be unfairly judged by the court of public opinion.  Is that why when a case is being heard, the media should not comment on the merits and the demerits of the case, for fear of influencing the judge?  The case is said to be sub judice, or some Latin mumbo-jumbo like that.  You lawyers out there can enlighten me.

In the court ruling yesterday, is the whole judiciary in Malaysia now trialled and judged by the court of public opinion in Malaysia?

If so, that would be a pity.  It would show that – in public perception at least — the prestige, integrity, and independence of the judges yesterday and the entire judiciary have been greatly compromised.  I am now dying to hear what former Justice Datuk NH Chan has to say about this turn of event.

Meanwhile, in an article entitled “Keputusan makamah Rayuan diatur?”  (Appellate Court Decision Pre-arranged?) posted by Faqir Puteh on Husam Musa’s blog and linked by RPK’s Malaysia-today, the author has this to say (my English translation):

“My posting three days ago “predicted” that the Appellate Court would favour Zambry and that “prediction” has come true to-day.

“That was not a “prediction” but a piece of information.  My follow-up information is that the Perak State Assembly will be dissolved soon, after the BN meeting once more on Monday or Tuesday,”

This chap Husam Musa is a PAS heavy weight, so we can assume that he would have all kinds of access to sensitive information gushing through the underbelly of party politics.  Whether his information is correct or not, we will know within days.

But speculation has been rife that the BN might indeed decide to have a snap state general election in Perak.  They might lose, and return Pakatan Rakyat to power with a bigger majority, as Dr. M had predicted.

But the worse evil is for the crisis to drag on, while the continuing court battle keeps national attention on the on-going crisis grinding Perak to a halt, giving PR the ammunition in their war on this BN publicity disaster.

Frankly, I do not see how the BN can drag on this farce without losing national support in the next general election.  Husam Musa’s information is also collaborated by RPK’s personal prediction in his recent posting in Malaysia Today entitled Najib’s latest strategy: perception war:-

‘The only viable option open to Najib is to dissolve the Perak state assembly and hold new state elections. But that must not be on the opposition’s terms. That must be on UMNO’s terms. Zambry has to be declared the legitimate Menteri Besar of Perak (by the Appellate Court – editor) and then he shall seek permission from the Sultan for the dissolution of the state assembly. They can’t afford for Nizar to be the one who requests the dissolution of the state assembly. That would hurt Najib’s and UMNO’s image real bad.”

If this is what is going to happen, and a state general election is finally held, that would be fine.  Let the best party and the best man win, fair and square.  That would be what most Malaysians want to see anyway.

Meanwhile, the ruling by the Appellate Court yesterday has opened up unprecedented and dangerous interpretation of the constitution regarding the exercise of royal power of our monarchs.  That may be a harder problem to fix.

Sim Kwang Yang can be reached at kenyalang578@hotmail.com

Anwar: najib Altantuya’s tough stand masks fear

The government’s crackdown on dissent in recent weeks reflected the hardline political stance of the current Putrajaya administration, charged Opposition Leader Anwar Ibrahim.

The PKR chief pointed out that the police force’s tough action to clampdown on peaceful gatherings, candlelight vigils, protests and even DVD screenings demonstrated the intolerant politics of Prime Minister Najib Abdul Razak

Condemning yesterday’s police raid on DAP headquarters in Petaling Jaya, he said it reflected Barisan Nasional’s fear on the emergence of Pakatan Rakyat as genuine and viable alternative government-in-waiting.

He said the DAP’s office was raided merely because the party was part of Pakatan set up.

“That’s the only crime DAP has committed,” Anwar, the Permatang Pauh member of parliament, told some 5,000 people at a Penanti by-election rally in Berapit, Penang last night.

The Pakatan leader said the series of arrests on civilians, lawyers, human rights activists and politicians in recent weeks have testified Najib’s hardline stance to clampdown on constructive dissent and criticism.

“He is playing it rough and tough. Why he is so rough? Does he have something to hide?

“This country shall be administrated according to the rule of law, not the law of Umno jungle,” he told a cheering crowd.

We will not be cowed

Police raided the DAP main office in search of documents believed to be related to the arrest of 16 party activists in Ampang on Thursday night for holding a candlelight vigil.

This is the first time in DAP’s 42-year history that the police have raided the party headquarters.

A furious DAP secretary-general Lim Guan Eng slammed the Selangor police for conducting the raid and said the security force should have better used its resources to combat rising crime rate in the state.

“We did not steal, rob or kill anyone with C4 explosives. We had only exercised our rights to express our struggle to restore democracy in Perak.

“The police raid is uncalled for,” blasted a furious Lim at the same rally.

However, Lim, the Penang Chief Minister, warned the federal government that the DAP and Pakatan, and general public would not be cowed by the police intimidation.

“We will not compromise on our stance and struggle to restore democracy and hold a fresh state election in Perak.

“We will fight on,” he told an applauding crowd.

The police crackdown

Since May 5, the police have made 126 arrests – starting with Bersih activist Wong Chin Huat for urging people to wear black to protest the Perak government takeover by Barisan Nasional.

In three previous vigils, police arrested 27 people, including the still-detained 16.

A fourth candlelight vigil scheduled to take place outside DAP service centre in Cheras last night was aborted after the police issued severe warnings that all participants would be arrested.

Almost 70 people including Pakatan elected representatives were detained on May 7, after gathering outside the Perak secretariat building.

Five lawyers were arrested by Brickfields police after attempting to provide legal assistance to the 15 who were nabbed during a candlelight vigil in the federal capital in support of Wong, who himself was detained under the Sedition Act.

A police team also raided and seized DVD screening the May 7 Perak assembly fiasco, audio-visual equipment, and detained a technician at a DAP dinner in Sitiawan two weeks ago.

Anwar called on Penanti voters to give PKR a massive win in the by-election to send a strong message that “the people are against hardline politics.”

“Penanti by-election shall be a referendum on Najib’s rough politics and Perak political impasse,” he thumbed home his message.

Penanti poll will see PKR candidate Mansor Othman squaring it up against independent candidates Nai Khan Ari Nai Keow, Aminah Abdullah and Kamarul Ramizu Idris in a four-cornered fight.

Polling is on May 31.
Athi Veeranggan, Mkini

Dr Mansor Othman: My Pledge for Penanti

PKR denies bribing independents in Penanti

PKR denies allegations that it had offered bribes to independent candidates to withdraw from next week’s Penanti by-election in Penang, challenging the accusers to subtantiate their claims with strong evidence.

MCPX

Tian Chua, PKR’s strategy director, has challenged the independent candidates to prove their graft allegations and lodge complaints with the Election Commission and the Malaysian Anti-Corruption Commission (MACC) to substantiate their claims.

The Batu member of parliament, however, warns the complainants that they would face the wrath of PKR if they could not substantiate their claims with solid evidence.

“We will resort to other actions, including legal means, on these complainants if they failed to prove their claims,” he said.

He said PKR categorically denied any malpractices such as attempting to offer bribes to any contesting independent candidates to withdraw from the Penanti by-election.

“I am sure no PKR leaders were engaged in such unhealthy activities,” he told a press conference in Yayasan Aman, Penanti today.

Aminah: PKR agents offered me bribes

During yesterday’s nomination day, independent candidate Aminah Abdullah alleged that she was offered bribes by certain PKR agents to withdraw from the by-election.

She said she would reveal the details of the offer later during the eight-day campaign period, which started yesterday.

Commenting on this, Tian Chua said he expected more such claims to emerge during the campaign, recalling PKR’s experience in dealing with 13 independent candidates during the March by-election in Bukit Selambau, Kedah.

He said all the independent candidates in Bukit Selambau have in a way or other alleged to be offered bribe by PKR to withdrawal.

“In the end, all their allegations proved baseless,” he said.

He said PKR would never got involved in such unhealthy activities which would jeopardise a healthy democratic process to elect a representative.

“There is no logic in the accusation and we are clear in our political position and stand. We will not stop any healthy electoral contest by offering monetary rewards,” he said.

Tian Chua called on the accusers to lodge reports with the EC and MACC, adding that both government agencies would surely conduct a fast track investigation to accumulate evidence on such complaints since the case involved Pakatan Rakyat and PKR.

“I have full confidence in EC and MACC that both agencies would carry out a quick probe on this case and obtain the evidence, if any,” he jibed.

15,384 registered voters in Penanti

The Penanti by-election will see a four-cornered fight between PKR candidate Mansor Othman and independent candidates Aminah, Nai Khan Ari Nai Keow and Kamarul Ramizu Idris, who also contested the recent Bukit Gantang parliamentary by-election in March.

The seat fell vacant following the resignation of former deputy chief minister 1 (DCM 1) Mohammad Fairus Khairuddin who was also the Penanti assemblyperson.

All candidates can now start campaigning until midnight May 30.

Penanti falls under the Permatang Pauh parliamentary seat, which is the stronghold of PKR and Pakatan supremo Anwar.

Penanti has 15,384 registered voters comprising 72.6 per cent Malays, 24.2 per cent Chinese, 2.4 per cent Indians and 0.7 per cent others.

Meanwhile PKR election strategist, Saifuddin Nasution, said PKR will not take any chances despite Barisan Nasional’s absence from the by-election. He said it was actually a proxy war between Pakatan and BN-sponsored independent candidates.

He indicated that although BN did not contest, it does not mean that BN was not working from behind the scene.

“We cannot sit on our laurels thinking that a win is a mere formality. We have to work for it,” he told the same press conference.
Athi Veeranggan, Mkini

Candidates hit the campaign trail

On the first day of the Penanti by-election campaigning period, three of the candidates, except Aminah Abdullah, have started their campaigning.

MCPX

PKR candidate Mansor Othman and independent candidate Nai Khan Ari have both chosen the Penanti market to meet the voters this morning. Meanwhile, Kamarul Ramizu Idris, adopted a more religious campaign method – visiting a local religious school and promising to promote the “sekolah pondok” system.However, there was no sign of Aminah, who has threaten to show evidence on her allegation that PKR had tried to bribe her to withdraw from the campaign. According to her personal assistant, they will plan her campaign activities today and she will start her campaigning tomorrow. Although it is generally accepted that he will definitely lose, Nai Khan Ari still look confident and tried to win the voters’ support through his humble attitude. His first destination was Penanti market, near to the PKR election headquarters at Yayasan Aman building.‘A cat fighting a tiger’Accompanied by his wife and supporters, Nai (left, in dark shirt), a Malaysian-Siamese, bows to voters and introduced himself as “anak jati penanti”, hoping that voters can give him a chance to serve. He also distributed his namecard with a logo and telephone number. Although Nai was able to deliver a positive image to the voters, whether this will translate into votes is another thing.Ehsan and Lathiffa, a Malay couple who were enjoying breakfast, pointed out: “This is a PKR stronghold” and believed that the voters would vote in favour of the PKR candidate because of the party de facto leader Anwar Ibrahim, who widely known as “anak Permatang Pauh”. When asked by the media after the walkabout, Nai admitted this is a battle of “a cat fighting a tiger”. However, he stressed: “I am not afraid”. Coincidentally, Mansor also change his schedule at the last minute and visited the market too. However, both candidate didn’t meet as Nai only arrived soon after Mansor left. Before starting  the walkabout, Nai also prayed at a Chinese temple near his operation room as today is the first day of the month in the Chinese lunar calendar.
Kamarul cuts his hair shortMeanwhile, Kamarul chose to start his campaign at Manabi’ul Ulum religious primary school at Kubang Ulu. Introducing himself as the president of Parti Iman Semalaysia, Kamarul said: “I want to promote the system of sekolah pondok to the world and hope that private sector and individuals can help to develop this pondok Penanti.”Wearing his symbolic black shirt and sunglasses, Kamarul also appeared in a new look today – he has cut short his long hair. He said he did this last night because a voter demanded it.”Yesterday, a voter said that we like you, but you have to change your appearance. Because here is kampung, the people here are not open-minded as the urban people,” he explained.Kamarul also distributed leaflets to voters in the nearby warung. He had used these leaflets during the previous Bukit Gantang by election. He explained that about 2000 leaflets were left in the last by-election, so he “recycled” them in this Penanti by election, adding that he has also printed new leaflets. When asked about his election budget, he answered that it will be around RM30,000 to RM40,000. Kamarul also complained that he was unable to rent any premises as an operation centre.

Wong Teck Chi, Mkini

I just love a good fight

NO HOLDS BARRED

Raja Petra Kamarudin

RPK is now a fugitive and, thus far, still a liar!

This has to be said!

I for once (it should be ‘I for one’, not ‘I for once’) do not believe Raja Petra Kamarudin (RPK) ran away, rather than face the court, because he is afraid his Royal family will punish him for being a treacherous to his royal brethren! I for once (same here) do not believe he skips his court hearings because he is afraid, as he puts it, the police will arrest him and throw him in the dungeon.

(The IGP and Minister BOTH made public announcements that the police do not intend to re-detain Uthayakumar. Why do they refuse to also announce that they do not intend to re-detain me? Furthermore, they appealed against the Shah Alam High Court’s decision to release me from ISA detention while they refuse to appeal the same court’s decision to acquit Razak Baginda of the charge of abetment to murder.)

He took off because he is in a fix for he cannot come out with any shred of evidence on any of his serious allegation he made against Prime Minister Najib Razak and his wife Rosmah Mansor!

(If Superintendent Gan would just reply to all the questions posed by my lawyer, YB Gobind Singh Deo, in my sedition trial, then the evidence that Rusdi seeks would be available. Of course I can’t come out with a shred of evidence when they cover up that evidence and refuse to allow it to surface in the trial. Why not Rusdi suggest instead that Supt. Gan reply to the questions so that this evidence that he seeks would be available?)

However, I would also like to believe this man RPK could be suffering from a psychiatric disorder called “Munchausen Syndrome”, a malady which is named after a 16th century German Baron Karl Friedrich von Münchausen. According to a definition, Münchausen Syndrome “is a psychiatric disorder wherein those affected feign disease, illness, or psychological trauma in order to draw attention or sympathy to themselves. It is in a class of disorders known as factitious disorders which involve “illnesses” whose symptoms are either self-induced or falsified by the patient. It is also sometimes known as hospital addiction syndrome or hospital hopper syndrome.”

(Would Rusdi like to deny that he came to meet me at the Havana Club at midnight some time in 2007 to offer to pay me off to stop writing about Najib and his link to the Altantuya murder? Would Rusdi like to deny he asked me to name my price? Would Rusdi like to deny he phoned me the next day and scolded me for telling Dr Mahathir about it? Would Rusdi like to deny that he phoned me and scolded me for telling Dr Mahathir because Najib screwed him good and proper after Dr Mahathir gave him a piece of his mind? An Umno man by the name of ‘Man Cowboy’ was there that night. Would Rusdi like to deny that as well?)

For the record, RPK has hurled a lot of serious unfounded accusations against the Prime Minister and his wife for being involved in a death, mind you in a death, of a foreign national. That, to me is a very serious accusation. Thus far he has accused the PM of being involved, and the PM’s wife had supervised in the killing of a foreign national.

(The transcript of the exchanges of text messages between Najib and lawyer Shafee Abdullah is re-produced below. This was first published in Malaysia Today when I was under detention in Kamunting. So it could not have been me who published it since I did not have internet access in my jail cell. Najib never denied this. He just said that it is a private matter so he need not explain anything.)

RPK also said he has a witness, a Lieutenant Colonel in the military intelligence, who said this witness saw the whole thing, which led him to write a piece in his website accusing the PM’s wife supervise the killing. Serious stuff!

(While under ISA detention and during my interrogation I informed Datuk Zambri Ahmad of the Special Branch that my source was Kol. Azmi Zainal Abidin of Military Intelligence. Zamri said he knows Kol Azmi personally. Why do they refuse to ask Kol. Azmi to openly and publicly deny this? Is it because they did speak to Kol. Azmi and he actually confirmed it? And was this also why they quickly packed me off to Kamunting the next day without allowing me to sign my statement cum confession?)

Well so far this has happened! This Lt Col has since said it was a total hogwash and a fabrication on the assertion on RPK’s part that he saw the whole thing where a foreign national was blown up and the wife of the PM was there, and he told RPK! We, Malaysians, were led to believe RPK has a concrete proof to the fact! Well, instead of showing the proof so that the PM and his wife can be charged then if found guilty to be hanged or jailed for being involved in a murder, RPK scoot off and ran away!

(What if I can produce the official and signed records of the security personnel to confirm that TWO senior officers from the military went to Najib’s house the night of Altantuya’s murder and did not leave until the next morning? What happened in those many hours they were in Najib’s house? Does Rusdi really want these records made public? Will Najib be able to explain it if I do make them public?)

Then he has the audacity to tell the whole world, in his website Malaysia Today, that he could not attend his court hearings where he has to answer to some very serious accusation he made to the Prime Minister of this country and his wife, because the police will arrest him and hos (I think he meant ‘his’) Royal brethren will kidnapped (bad grammar) and tortured (also bad grammar) him if he were to appear in court at PJ which is in the state of Selangor?! What an insult to our intelligence eh!

(I never said that. What I did do was I published the two e-mails from my Aunty Fuziah below. Rusdi himself has previously posted an article in his Blog where he said that the Sultan of Selangor called me gila. In fact, Rusdi added, the Selangor Royal Family regards me as a sort of outcast of the family. This is what Rusdi himself posted in his Blog. He said this, not me.)

The sad part is what he wrote for his reason why he ran away to be a fugitive instead of facing the music is that many people still believe in his lies!

(Rusdi had better check whether I am running away from something or running towards something. Read my story about crossing the bridge and tricking the guard into thinking you are coming from one direction whereas you are actually coming from the opposite direction.)

Well, I do not how it works but if he is in London, England, I am sure he can be extradited, and if he is in Segambut hiding at YB BABI’s house I am sure he has to come out sooner or later.

(Well, let’s see you try to get me. I plan to be the longest fugitive on the run in Malaysian history. And I am going to conduct this guerrilla warfare and keep hitting Umno till it destructs in a heap.)

When that happens I think the Malaysian government will be firmed (bad grammar again) enough to take stern action and do the necessary in finding him guilty of lying and then booked him with the maximum years allowed by the law for his crime against the natural order of logic! This man RPK, he is one totally illogical sad dude I have ever come across!

(You have to catch me first.)

Enough already!

Rusdi Mustapha

*************************************************

Dear Peter,

I am sending you this letter as you have not responded to my telephone calls nor to my telephone message inviting you to the house on Saturday afternoon to talk over family matters particularly in connection with the open letter to Datuk Seri Mohammad Nizar Jamaluddin which you posted in your blog on 2nd March 2009.

As you already know, I admire your ability to write and express your thoughts, ideas and comments about events in your blog especially your mastery of the English language. I have also often reminded you that truth should always prevail in communicating these things to the public. It is also not for you to decide “what is clearly lawful”.

Had Tok Uda been alive, he would have considered the content and manner of what you wrote in the open letter to Datuk Seri Mohammad Nizar Jamaluddin, as a betrayal of the code of conduct and values which he had subscribed to, cherished and passed on to us. And for this, to have come from his favourite grandson would certainly have made him collapse in a state of shock.

While Tok Uda, as a true royalist had demanded loyalty and the upholding of family honour, tradition and adat, he had, on many occasions also emphasized that we are entitled to our own personal views, accepted our sense and spirit of adventure, freedom of thought and action as you may well have known from the family history. But “RESPECT FOR THE LAWS OF THE COUNTRY” or “UPHOLDING LAW AND ORDER “ was his cardinal principle, to be dearly valued and respected by the family at all times.

I believe that in the case of the open letter, you have crossed the line. Such writings would appear to be seditious. Therefore, for the sake of Tok Uda, and, in upholding the family honour, I feel that the only discourse open is to diffuse/redeem this and for you to apologize through your blog to the rulers and the public.

We all love you Peter in our own small ways but I have this task to keep the family together, so help me Peter. And  so help me  too, Ya-Allah.

With my personal good wishes and love to you and Marina and the family,

I remain,

Yours,

Aunty Fuziah
14 March 2009

*************************************************

Dear Peter,

Assalamualaikum,

It would appear that you have misinterpreted my letter of 14 March 2009 to you.

In all fairness to your readers, I urge you to post the full text of the letter in your blog.

Thank you and Wassalam,

Yours,

Aunty Fuziah
20 March 2009

*************************************************

The text messages were transmitted between Najib’s personal mobile phone (+6012 2143177) and Shafee’s mobile phone (+6012 3257052).

Wednesday 8/11/2006

Najib to Shafee (S2N)

Date: 8/11/2006 02:59:31

Dato Seri, The Razak Baginda thing is troubling me. Can I help? Salam, Shafee

Najib to Shafee (N2S)

Date: 8/11/2006 03:45:05

I will speak with u later tonight.

S2N

Date: 8/11/2006 03:45:31

Thank you

S2N

Date: 8/11/2006 06:28:56

Met the investigating officer today. Position is serious for RB. The 3 are highly implicated. RB’s case can be fought. There are redeeming features for him. But we need to meet Dato Seri as there are other looming issues at large. But not to worry.  Salam > Shafee

N2S

Date: 8/11/2006 21:06:11

I have spoken to IGP. U can represent n meet RB in court.

Thursday 9/11/2006

N2S

Date: 9/11/2006 12:45:30

If RB’s remand is upto Sunday, does it mean that he has to be charged by Fri or be released? i hope it is looking better for him.

S2N

Date: 9/11/2006 13:11:23

3 things can happen. Firstly, they can ask for more time for detention. We will resist. Second, they have to release him by Friday or thirdly charge him by Friday. Police took him to his office for document search. Nothing incriminating found. Now they are recording stmt from him. Later search in house. Under control so far Dato Seri.  Salam, shafee

S2N

Date: 9/11/2006 14:09:03

Dato Seri, Re RB need to meet up with you today. shafee

N2S

Date: 9/11/2006 14:17:47

630 pm at my house in PJaya this evening.

S2N

Date: 9/11/2006 14:18:21

Thank you

Friday 10/11/2006

N2S

Date: 10/11/2006 15:14:3

Any news about RB ?

S2N

Date: 10/11/2006 15:19:40

Dato Seri, Negotiating for conditional release. If not police need 2 or 3 more days extention. I suspect its an exercise in public relation as they do not want public to think a VIP was given an easier time. Being a vip under these conditions is a liability. Otherwise we are on track according to plan.  Salam, Shafee

N2S

Date: 10/11/2006 15:27:01

Thanks, he is very stressful according to his wife n would be a huge help if he could get a conditional release latest by sun.

N2S

Date: 10/11/2006 21:35:52

Saw the news on tv. RB was sent for DNA. Not sure it was neccessary.

S2N

Date: 10/11/2006 21:40:19

Unnessasary. But I think its on his lung infection. He has just been sent again to HUKM. Will know more later from inside contacts.

Saturday 11/11/2006

S2N

Date: 11/11/2006 03:17:56

Dato Seri, I was at ghkl ccu 4th floor.RB was admitted due to lung infection:mild pneumonia and asthmatic. This was the pain he was suffering in the chest and unexplained coughing for months. He is under an able physician Dato Dr Jeyaindran Sinnadurai(head of Dept of Medicine)Its good he is resting there than in the lockup. Dna was done to eliminate that he was at scene of crime (paternity can be ruled out as well).Need to see Dato Seri on some concerns. Salam. Shafee

N2S

Date: 11/11/2006 08:54:17

ANy chance of a release by sun ?

S2N

Date: 11/11/2006 08:58:14

Police should release him by then except that I think the police is disturbeb by Media and public pressure. Other factors need be coomunicated to Dato Seri in person. Investigation wise we are on track for release.

S2N

Date: 11/11/2006 09:26:52

It is clear that the Police will ask for extention t’row. I will resist strongly in view of the fact that the last few days investigation on RB have completed investigations that require RB’s presence in custody. Secondly, from yesterday the Police has done nothing much with him except to do the dna. Thirdly, I am concerned with the Police carelessness yesterday in allowing the 3 other suspects to be freely mixing and therefore tainting their subsequent stmnts as they could be ‘group coached’. But it also show Police no longer need to isolate the suspects. Even RB was handcuffed to the C/I. Salam. Shafee

N2S

Date: 11/11/2006 11:46:48

I Can see u today at my Taman duta hse at 6 pm.

S2N

Date: 11/11/2006 11:59:08

OK Dato Seri. Insyaallah I will be there.

Sunday 12/11/2006

S2N

Date: 12/11/2006 13:53:41

2 days extention to Tuesday. They must release him by then maybe conditionally. Police asked for full 14days.He has message.

S2N

Date: 12/11/2006 14:06:23

Will give Dato Seri in a while

S2N

Date: 12/11/2006 15:10:17

0320949418

Monday 13/11/2006

S2N

Date: 13/11/2006 15:53:36

Am in his office now. Another search. AG will be unwilling to charge and lose a case yet again. It is a good idea to suggest to AG to hood on and let investigtion proceed with Razak Released on Bond.

N2S

Tel: 60122143177

Date: 13/11/2006 16:23:29

How was the search ?

S2N

Date: 13/11/2006 16:25:56

We provided them everything, including old pda and note books and a couple of bills. Nothing incriminating.

Wednesday 15/11/2006

S2N

Date: 15/11/2006 13:21:32

Things going as expected.2 male officer charged for murder in common intention. Razak’s name not in. Lady officer released but rearrested under Emergency Ordinance to be used as Crown witness (exactly as predicted). I am expecting RB to be released on Bond. 4 of my lawyers are watching brief the proceedings in the murder case. Rb matter prob t’row. Pl call.  Shafee Ps coming back now from Taipei.

N2S

Date: 15/11/2006 23:31:09

So hopefully he will be released tmrw?

S2N

Date: 15/11/2006 23:34:38

Dato Seri, I am driving up from S’pore, no more flight to KL tonight. Hope for th best. Any indication? Shafee

N2S

Date: 15/11/2006 23:36:52

Not heard anything untoward yet.

Thursday 16/11/2006

S2N

Date: 16/11/2006 10:52:43

Anything Dato Seri? I am already in Court.

N2S

Date: 16/11/2006 10:53:50

Pls do not say anything to the press today. i will explain later. RB will have to face a tentative charge but all is not lost.

S2N

Date: 16/11/2006 10:54:30

OK, TQ

Friday 17/11/2006

S2N

Date: 17/11/2006 10:50:30

Dato Seri, Its important you speak to Yusoff Zainal Abidin as he knows the law a lot better in the Chambers. I am confident he is concerned with the negligible evidence agst Razak. The Raja Mahani and Tengku Ariston cases ought to be the guiding critera for AG. They cannot afford another scandallous loss by the Prosecution as in Norita, Ariston, Dato Balwant etc.

N2S

Date: 17/11/2006 11:39:46

OK will try. Meanwhile try to console the wife. She is hysterical.

S2N

Date: 17/11/2006 11:41:29

I know Dato Seri.I will do everything I can.Salam, Shafee

S2N

Date: 17/11/2006 12:57:49

Dato Seri, Razak has not been sent to Hospital. He is clearly not well. He is refusing to take Prison’s medicine for fear of sabourtage. The chief Physician of GHKL Dato Dr Jaya Sinnadurai is shocked that they have not brought Razak back to GHKL. I have spoken to Haji Darussalam, Sg Buloh’s Prison Director. Can You sound this to Dato Radzi Shek Ahmad? Need to see you of s’thing that I think had happened that led to her death. Utterly shocking if I am right. Shafee

S2N

Date: 17/11/2006 15:45:34

Dato Seri, I am at Sg Buloh Prison. I have organised Razak to be in HUKL, He is on his way there now. The Pengarah Hj Darussallam and deputy Supt Gunasegaran very helpful. Shafee

N2S

Date: 17/11/2006 21:27:02

My regards to him. He Is always in my thought.

S2N

Date: 17/11/2006 21:34:44

Will tell him

Sunday 19/11/2006

S2N

Date: 19/11/2006 16:25:08

Dato Seri, I need Dsp Musa, your ADc to call me to clarify a point. He is not answering  Shafee

Monday 20/11/2006

S2N

Date: 20/11/2006 13:02:33

Any developement Dato Seri? Shafee

N2S

Date: 20/11/2006 14:30:20

Not yet.

S2N

Date: 20/11/2006 14:30:38

Thank you

S2N

Date: 20/11/2006 21:05:17

Dato Seri.Razak is being transfered to Sg. Buloh t’row. Can Dr. Jaya do anything?

N2S

Date: 20/11/2006 23:04:50

When is he being transffered?

S2N

Date: 20/11/2006 23:05:48

T’row

N2S

Date: 20/11/2006 23:07:01

What time?

S2N

Date: 20/11/2006 23:08:01

Probably late morning

Thursday 23/11/2006

N2S

Tel: 60122143177

Date: 23/11/2006 13:46:51

Your message read” Najib released on personal bond!”.

S2N

Date: 23/11/2006 13:50:00

Razak released on Bail of 1 million. On personal bond undertaking.  Shafee?I  am terribly sorry for that mistake. Whole night tak tidur preparing. My profuse apologies Sir.  salam. shafee

N2S

Date: 23/11/2006 14:00:25

ALhamdullillah , at least he is on bail. Big relief for him n family.

S2N

Date: 23/11/2006 14:02:02

Dato, I need to brief you urgently b4 you speak to him. Shafee

N2S

Date: 23/11/2006 14:12:32

OK but not intending to speak to him as yet.

Saturday 2/12/2006

S2N

Date: 2/12/2006 18:59:15

Dato Seri, Got some info that are troubling. Quite serious. Are you in Taman Duta? Can we meet?   Salam, Shafee

Sekitar Penamaan Calon PRK N12 Penanti – 23/05/2009

Perak Express

Perak DUN Chaos Revisit: Sivakumar kidnapped from Perak assembly on May 07

The time of reckoning will come

The Court of Appeal’s ruling as to who the legitimate Menteri Besar is has not in any way resolved the political crisis that the state of Perak has been embroiled in. That is the first point.

The sanctity of the the principle of the separation of powers has been unceremoniously violated and sacrificed for political expediency. That is the second point.

A peoples’ government duly elected and determined by 53 per cent of Perakians has been overturned. That is the third point.

The betrayal of three renegades who jumped ship for selfish reasons has been legitimised as contributing to the so-called majority of the Barisan Nasional that allowed the BN to ignore and dismiss the electoral process. That is the fourth point.

Through manoeuvring and manipulation, the peoples’ will has been subverted with impunity. That is the fifth point.

We can safely assume that the two renegades who have been charged in court will not be found guilty either because the case may be dropped or there may not be sufficient incriminating evidence. That is the sixth point.

It has been established that Article 72(1) of the Federal Constitution can be discarded and it will apparently become irrelevant in future cases involving the Opposition. That is the seventh point.

In future no motion of confidence will be allowed or recognised in the Perak State Assembly because it is not specifically provided for in the Perak State Constitution. That is the eighth point.

Speaker Sivakumar, if he claims to be the legitimate authority of the House, will be rudely dragged away from his seat by the sergeant-at arms amply assisted by the ever-willing police. That is the ninth point.

Any Pakatan assembly member who dares to challenge the BN-installed Speaker’s legitimacy will be suspended without any emolument. That is the tenth point.

This will be the scenario of Perak politics. This will be the corrupted version of our democratic process that will continue to shame us and haunt us until the people have the opportunity to right this grave wrong when the assembly is finally dissolved.

The court-appointed Menteri Besar Datuk Dr Zambry Abdul Kadir has stated, “I believe that people will be able to see the truth now.”

No, Datuk, they have not seen the truth but they saw the farce that frustrated the democratic will of the people.

The court of law may have appointed you as the MB but the peoples’ court will definitely reverse this absurd decision and will ultimately re-appoint the legitimate MB, Datuk Seri Mohammad Nizar Jamaluddin as the chief executive of Perak state.

As for the rest of the nation, they will remember Perak and they will remember this injustice when the time of reckoning comes.

P Ramakrishnan
President

Anwar: najib Altantuya’s 1 Malaysia marred by racial tactics

By Syed Jaymal Zahiid

PENANTI, May 24 – Despite Barisan Nasional (BN) not running in Penanti, Datuk Seri Anwar Ibrahim last night blasted its attempt to divide the opposition pact through racial tactics, saying it reduced the ruling coalition’s 1 Malaysia to nothing but cheap hollow slogans.

Speaking to some 2,500 Pakatan Rakyat (PR) supporters at a ceramah here, the de facto PKR leader said the BN had again trumped up the racial card, calling him a traitor to the Malays by supporting a Chinese DAP govermment in Penang.

Anwar claimed this was being done through the BN-controlled mass media.

“They say I am a traitor to the Malays, that I suppport a Chinese
leader (Penang DAP chief minister Lim Guan Eng).”But let me say this, when BN controlled Penang, Umno had made Gerakan leader Tan Sri Koh Tsu Koon as chief minister. Is Tsu Koon’s name Ahmad Tsu Koon?,” charged Anwar.

Anwar then pointed to the constitutional crisis in Perak claiming that BN had also tried to use race as a way to undermine the leadership of ousted mentri besar Datuk Seri Nizar Jamaluddin.

“BN had played the race game by saying Nizar had given land to the Chinese community there. I would say this in front of all the Malays present here today, I applaud and defend Nizar’s move.

“There is nothing wrong with helping and we must help those in need regardless of their race. This shows Pakatan do not look to help based on race. But what about the BN? It’s OK for them to give land to rich Chinese?” Anwar told the crowd.

Voters however are getting smarter, remarked the PKR leader, and can no longer be fooled by the racial tactics of the ruling coalition.

Speaking of smart voters, Anwar claimed although BN want to make it appear it had nothing to do with the Penanti by-election, the people know the ruling coalition were attempting to influence the outcome of the by-election through ‘proxies.’

“Despite not contesting, BN through their media have attacked Pakatan and given (indirect) support to the independent candidates. Don’t ever be fooled to think that the Penanti by-election is not a battle between Pakatan and BN because it is,” he said.

Last night was the first campaigning day for the Penanti by-election after the PKR candidate Dr Mansor Othman and three independent candidates qualified the nomination process earlier in the day. One independent candidate was disqualified.

The presence of heavyweights like Anwar and other Pakatan leaders including Penang chief minister Lim Guan Eng indicates that the opposition is going all out to win the Penanti seat and do not intend to be complacent despite BN’s absence.

MI

Perak the talk of Penanti

By Lee Wei Lian

PENANTI, May 24 – The name on the lips of many a voter here is not Dr. Mansor Othman, PKR’s by-election candidate, but Datuk Seri Nizar Jamaluddin.

With Barisan Nasional (BN) not contesting the by-election in this Pakatan Rakyat (PR) stronghold, the minds of many here are focused on the political drama unfolding in the city of Ipoh and the courts in Putrajaya.

“What did Nizar say?” asked one PKR leader almost immediately when he was approached yesterday by The Malaysian Insider at one of the roadside warongs near the nomination centre, eager to hear the words of the ousted Perak mentri besar who turned up earlier as a show of support for Mansor.

“Were you at the Court of Appeal in Putrajaya during the hearing?” he pressed, wanting to know every detail possible about the court’s decision on Friday to declare Datuk Seri Zambry Abdul Kadir as the rightful mentri besar.Later in the evening, at an intimate “ceramah kelompok” or small group talk at Kampung Mengkuang Mak Sulong, villagers and PR supporters were all abuzz about the court’s decision.

“The Perak issue has reached the grassroots,” said one of the 20 or so villagers sitting on the carpeted floor of a small open air community hall set amid tall coconut trees gilded by the golden rays of the setting sun.

“Perak is the top issue,” Mansor, also known as “Prof” by PR supporters, told The Malaysian Insider.

The man, who will be Penang deputy chief minister if he wins, had changed out of the blue baju Melayu that he was wearing during the nomination process in the morning and was now clad in a striped shirt and also resting comfortably on the carpet and sipping warm tea, appearing unfazed by the stifling heat and humidity.

“It (the Perak political debacle) concerns the institutions of the police, the judiciary and democracy,” he said.

“But perhaps it is better for me to talk about serving the people and leave the Perak talk to the big guns,” he finished, referring to the fact that Nizar would be speaking in Penanti later in the night as would other top PR leaders.

Datuk Seri Anwar Ibrahim then arrives, more than half an hour late.

The opposition leader puts the villagers at ease by joking that he should have worn a skull cap instead of the songkok, to better blend in.

He then lowers himself onto the carpet, back to the wall, just opposite playing children.

He talks not about Perak but pitches the message to the all Malay crowd, and the need for Penanti Malays to unite behind a strong Malay leader who is able to be “friends with the Chinese.”

“The Chinese in Kuala Lumpur think only of the NEP but they don’t see the conditions in Kampung Mengkuang Mak Sulong,” he says, drawing chuckles from the crowd.

He also warns that while Umno is not contesting, it will not let PR win easily.

When Anwar leaves, the crowd starts dispersing, but likely only to regroup later at the night gatherings to hear what Nizar and other PR leaders have to say about Perak. MI

Polis Jangan Bertindak Keterlaluan

Ceramah di Bukit Berapit, Bukit Mertajam turut dihadiri Sdr Lim Guan Eng, Dato’ Seri Nizar, Dr Lee Boon Chye dan sudah pastinya calon Keadilan Sdr Mansor Osman. Dalam ucapan tersebut saya mengecam tindakan pihak polis yang menyerbu Ibu Pejabat DAP di Petaling Jaya petang tadi.

Serbuan tersebut yang dibuat tanpa sebarang waran geledah dan dipercayai bermotifkan kepentingan politik umno-bn merupakan satu penghinaan ke atas Perlembagaan dan Kedaulatan Undang-Undang. Saya menggesa agar pihak polis dengan memohon maaf di atas tindakan yang membelakangkan undang-undang serta dengan segera memulangkan harta yang dirampas.

ANWAR IBRAHIM

The dumb ducks in our local councils

You see a rat running around the house. You pick up the next solid thing at hand, aiming to throw at the rodent. Then, you hesitate because you do not want to smash up the furniture and the china lying about the house.

MCPX

That is an old Chinese proverb. It describes my present mood to the tee. Many Internet commentators and bloggers must be sharing my dilemma.

We have so far steered away from criticising the Pakatan Rakyat coalition, not because they are perfect, but because we value them as a vehicle to a two-coalition system and democratic progress in Malaysia.

But political parties are strange organisms. They are huge, complex, and run on their unique dynamics not always comprehensible to outsiders. They are a little like secret societies that way.

They do not like their internal problems known to the outside world. Their internal legitimate dissent can get buried away.

But, when they take power in five states after the 2008 general elections, they found themselves in the unfamiliar territory of governing the people.

They make mistakes, and that affect the welfare of the people. If we do not criticise them, they may lose votes next time. Worse still, the people under their charge will suffer.

I put my dilemma to two Pakatan Rakyat YBs in two different states where the PR coalition rules. They enthusiastically urged me to go ahead and criticise their government, for they too knew the problems. Still, I worried for the nice furniture and the expensive china in the house.

Then, last weekend, I saw a scene that must be reported to the public.

The pasar malam has always been a problem in my neighbourhood.

The tin-god bureaucrats

I used to work closely with hawkers in Kuching City for nearly two decades, so I know what hawkers are like generally. They are admirable in their tenacious will to survive, enduring the hardship of hard physical labour, the blazing sun and the pelting rain, the long hours, and the odd unfriendly customers.

Often, their worst enemies are the tin-god bureaucrats from the local councils who control their licensing and enforce all kinds of by-laws.

They are also very individualistic cowboys in their demeanour, because they have to be like that to survive on their petty trading by the roadside. They grab and they protect their own small turf fiercely.

They are not so easy to be organised. Once they are organised, they can become very powerful in regulating themselves, and help out the local councils.

I have watched the hawkers in my neighbourhood suffer from all kinds of problems for a couple of years now. Some of them have become personal friends.

They griped to no end about this lady councillor from the local council controlled by the Pakatan Rakyat state government, who seemed to be in charge of their pasar malam. They did not dare to oppose whatever she said or did because she was quick with her sharp tongue, and she seemed to hold the power over their trading licences.

Then, the chairman of their old association died last month. The hawkers could not ascertain to me whether the old association was registered with the Registrar of Societies. There was never any general meeting, regular committee meeting, or audited accounts. A great deal of money was collected and spent without audit.

So, I got the active members from my neighbourhood residential committee to help them organise a general meeting to form an association formally, and to elect a pro-tem committee.

Intimidating the hawkers is not the way

When the night of the inaugural meeting arrived, a huge crowd of hawkers turned out, and they did have a quorum, much to my surprise and delight. There were some hiccups. But they would learn to organise themselves better over time.

Although the councillor was not officially invited, she turned up just before the meeting started. The hawkers did not mind if she wanted to talk to the crowd first, because she must be given “face”.

Without consulting with the organisers about the purpose and the rationale of the meeting, she spoke to the motley crowd for quite a long while in the make-shift meeting venue at the five-foot way in front of the shophouse.

Although the crowd was made up of 98 per cent Chinese, she chose to speak for half an hour in Bahasa, which some did not understand at all. Finally, she turned to a spate of Cantonese.

Her tone was aggressive, authoritative, and assertive, reminding me of the image of a teacher talking to a bunch of school children. The crowd cowered under her sweeping gaze.

After some rhetoric, she pontificated that those without licences could not join the association. Because there were a lot of outstanding issues with the dubious old association, the new association could only be formed for three months.

She would take away all the membership application forms just signed up by the hawkers. Meeting was then dismissed. No question was invited from the audience.

Everybody then walked away with lowered heads. I could not believe what I saw and heard!

In denying the hawkers their spontaneous effort to form their own association to fight for their rights, she has denied their constitutional right to free association and free assembly.

She has assumed the role of legislator, prosecutor, judge, and executioner in her one person alone.

An arrogant councillor who upsets the hawkers

In treating the hawkers, not as her equal subjects with immortal souls like her, but as soulless objects of her puny administrative powers, she has diminished their humanity,

After the events, the hawkers were quietly hopping mad. They complained that in the old days, the BN councillors wanted only money, but they could still cari makan. Now, their rice bowl is dancing with this PR councillor.

Then, I understand her biggest problem. She was not elected. She never had to go through the cauldron of pounding the streets or going on the campaign trail door-to-door to beg for votes, especially as an opposition candidate.

She has never had the chance of learning about humility and making friends with the lowliest people in the community.

Later, I was to discover that the problem of councillors is quite common in the PR-controlled states.

Ideally, the PR government should scour for qualified dedicated community leaders to the posts of councillors. But inside their parties, there would always be those long-time loyal party members who lobby for the positions as a reward for their “sacrifice”.

If their local party chief refuses to appoint them, they would lobby against their leaders, and make them lose badly in the party elections.

Some of these appointed councillors are either clearly not qualified or lacking in right aptitude. Some are not educated enough. They cannot speak English or Bahasa Malaysia, and they sit in council meetings like dumb ducks.

Sometimes, the councillors from the three component parties of PR become embroiled in ideological or personal feuds. The councillors from different factions of the same party can bad mouth one another openly.

When you pay peanuts, you get monkeys

Their low pay is another issue. In Penang, the councillors are paid RM500 a month. In more affluent Selangor, they are paid RM750 a month. When you pay peanuts, you get monkeys.

The workload of a dedicated councillor can be heavy. There would be endless complaints from members of the public, about pot holes, streetlights, blocked drains, garbage collection, and so on, things that I used to take care of as an MP.

Strictly speaking, these petty issues ought not to be the job of a councillor, state assemblyman, or an MP, if the local town and city councils are efficient, professional, and responsive to the people, and if the people are educated enough to go around taking care of their own business in these matters.

But our Malaysian local councils are sluggish, mammoth, corrupt, insensitive, and inaccessible, as they tend to be in any third world country.

The people, who are supposed to be the masters of their own destiny in a democracy, have been treated as objects of mere administrative powers for so long, that they see all public officials – including councillors – as patrons.

That is a great pity for Malaysian democracy. What we need is the kind of local council elections that were so effective and popular in the nurturing of grassroot democracy. I remember fondly those grassroot leaders from the Labour Party and the Supp in Sarawak in the 1960s.

I may disagree with their agenda or their political ideology then. But the elections for councillors meant they really had to serve the people as effective leaders. Those local council elections were colourful meaningful affairs.

Those elections were terminated by the late Tun Razak in the 1970s when he was prime minister, so that in his words, “the country can reduce politics and to concentrate on development”.

Now, it seems like we have to vote out his son as Prime Minister so as to return the third vote to the people of Malaysia. Mkini

---

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

Where are the written judgments?: Nine-member bench sought for MB vs MB appeal

Pakatan Rakyat has urged Chief Justice Zaki Azmi to set up a full bench of no less than nine members in the Federal Court in the soon-to-be-filed appeal by Mohammad Nizar Jamaluddin in the MB vs MB case.

MCPX

“Our request for a five-member panel in Friday’s Court of Appeal hearing was not adhered to and instead a three-member panel was set up and ruled in favour of (BN Menteri Besar) Zambry (Abd Kadir),” lamented Perak DAP secretary Nga Kor Ming, who is both an assemblyperson and parliamentarian.

Ousted Perak MB Nizar’s lawyer Leong Cheok Keng will soon be filing the leave application against the Court of Appeal’s decision yesterday which declared Zambry as the legitimate Perak menteri besar.

Nga hopes this time around, the Federal Court – the country’s highest court – will “in its collective wisdom and as the guardian of the constitution” restore the judgment of High Court judge Abdul Aziz Abdul Rahim.

The DAP politician, who is also a trained lawyer, argued that the bigger the panel of judges, the fairer the court decision.

High Court judge Abdul Rahim had two weeks ago recognised Nizar as the rightful MB but his decision was overturned yesterday by a three-member appellate court panel, which gave a five-minute oral judgment on the matter.

Where are the written judgments?

Nga also stressed that written judgments from the High Court, the Court of Appeal and the Federal Court are essential for both Nizar and Perak state assembly speaker V Sivakumar to properly argue their cases.

“The Court of Appeal judge who granted the stay against Nizar from assuming the post of MB has not supplied his grounds for granting the stay,” he pointed out.

“Similarly, the other judges of the Federal Court who ruled against speaker Sivakumar in the other suits have also not written their grounds.

“To date, only justice Abdul Aziz has in his 78-page judgment gave details and explained the reason why he held that Zambry cannot be, and is not, legally the menteri besar of Perak.”

Nga also pointed out that the Court of Appeal judge who granted the stay against the High Court decision was a very junior judge.

“And to date, no explanation has been given as to why he had chosen to sit (alone).”

It is rare for a single judge in the Court of Appeal to hear such a case and subsequently grant a stay.
Humayun Khabeer, Mkini

Time to set up a constitutional court

The setting up of a constitutional court in the country will solve the various conflicting issues and challenges that the state and federal constitutions are facing in the civil courts now.

MCPX

DAP Ipoh Barat MP, M Kulasegaran, in making this call, said: “Now the powers of the state and federal constitution are being tested in the various civil courts and different decisions are being taken by different courts which are unprecedented.

“The political impasse in Perak has triggered this flood of suits, appeals and counter-appeals in the civil courts. Expectations of the public are high. As such we need  to amend the Federal Constitution to allow a constitutional court to be set up.”

However, he added that “setting up the constitutional court is one thing and to get judges of honesty, quality, integrity and with the right temperament is another.

“Many countries like India and Thailand have such constitutional courts to deliver correct judgments on constitutional issues. I had raised up this matter in parliament several times but there was no response.

“However, the time has now come to set up such a court as the state and federal constitutional laws are being challenged in the various civil courts which are dragging on with no clear solution in sight to clear the political impasse in Perak.”

Civil courts least equipped to settle political issues

Kulasegaran, who is also a lawyer, sees the “civil courts as least equipped to settle political issues which are being tested out in the courts today.”

“The courts can make whatever decisions they want now, but it is ultimately the power of the people that will decide on what type of state government they want.”

He was commenting on the political impasse and uncertainty that the state is now facing  in which Pakatan’s Mohammad Nizar Jamaluddin is having a roller coaster legal battle with Barisan Nasional’s Menteri Besar Zamry Abd Kadir to decide on the legality of their status.

Kulasegaran also suggests in the eventuality that the Perak state assembly cannot be allowed to be dissolved then at least ask or demand the three independent assemblymen (Changkat Jering, Behrang and Jelapang) to “officially” resign their seats and for by-elections to be called.

“This may settle the issue as to whether the voters in the three constituencies voted for a PR or BN state government.”
Humayun Kabir, Mkini

Candlelight vigil No 4 aborted

The fourth candlelight vigil, which took place in Cheras tonight, was aborted after the police issued severe warnings that all participants would be arrested.

MCPX

DAP Youth, the organiser of the vigil meant to mourn the ‘death of democracy’ in Perak, had to call off the gathering outside the party’s Cheras service centre at about 9.15pm.

As in previous vigils, there was a show of force by the police, who came in three patrol cars.

According to DAP parliamentarian for Cheras Tan Kok Wai, the police had threatened to detain the 20-odd participants, many of whom were seen dressed in black.

After failing to negotiate with the police to allow them to hold a short vigil, Tan decided to abort the event.

Tan revealed that he had earlier submitted an application for a police permit to hold the vigil.

“Since the police have neither approved or rejected the application, we took it that they had approved it,” said Tan.

He added that the police had tonight “verbally” rejected his application on the spot.

They would spare no one

At a press conference later, Tan – who was flanked by Bukit Bintang MP Fong Kui Lun and Kampung Tunku state assemblyperson Lau Weng San – said the police would not spare anyone from arrest.

He however vowed that tonight’s unsuccessful vigil would not stop them from organising more such gatherings and other forms of protest.

“Even tomorrow we would gather in front of the Pandan Indah police station at 8.30am to seek the release of (state assemblyperson) Jenice Lee and 15 others,” he said.

“If the police do not release them by tomorrow, we will raid them,” Tan joked, referring to the police raid at the party headquarters a few hours earlier.

Met later, Dapsy secretary Loh Chee Heng revealed that a Special Branch officer had informed him that the permit for tonight’s vigil was rejected as a result of “instruction from the top”.

“The Special Branch officer told me that the Home Ministry would not tolerate any open-air gathering,” claimed Loh.

A few minutes after the press conference, several DAP supporters nevertheless lit candles in front of the service centre. Again, the police ordered them to snuff the candles out.

The duo continue to hold the candles for a few minutes and they were joined by another two individuals nearby.

The police officers warned that if they refused to put the candles out, they would be arrested.

Tan came to their defence arguing that it was not against the law for gatherings involving only two individuals.

The officers then demanded the four to show their identity cards. They obliged and subsequently at about 10.30pm, the crowd dispersed.

27 arrested in previous vigils

In three previous vigils, a total of 27 people were arrested with 16 still being detained by the police.

The first vigil on Tuesday night at DAP parliamentarian Teresa Kok’s Seputeh office resulted in 11 people arrested, including Serdang MP Teo Nie Ching and Teratai state assemblyperson Lee. They were released six hours later.

However, the following vigil outside Teo’s service centre in Serdang went off without a hitch.

The police allowed the participants to gather for about 15 minutes before dispersing.

On Thursday however, 16 people were arrested at the DAP Teratai service centre.

Those arrested, including Lee, have since been held at the Pandan Indah police lock-up to facilitate investigation.
This evening, at 6.25pm, a team of 11 police officers raided the DAP headquarters in Taman Paramount, Petaling Jaya and confiscated a computer and a number of CDs.

It is learnt that in addition to investigating the 16 for illegal assembly, the police are probing them under the Printing Presses and Publications Act 1984 (PPPA).

At the Teratai candlelight vigil, DAP had distributed a two-page leaflet titled ‘507 Detik Hitam dalam Sejarah Demokrasi Malaysia!’ (507 – A Black Moment in Malaysia’s History of Democracy).

Under the PPPA, a person could be charged for publishing an illegal leaflet or for spreading false news.

Mkini

Police raid DAP HQ, computer seized

The police today raided the DAP headquarters in Petaling Jaya in search of documents believed to be related to the arrest of 16 party activists in Ampang on Thursday night.

MCPX

The raid, which took place at 6.25pm, was carried out by a team of 11 police officers. They left at 7.30pm.

The police had brought one of those arrested, Ulu Selangor councillor Ooi Leng Heng, 34, along with them in the raid.

Ooi, who is also DAP Youth’s political education bureau director, was seen in handcuffs and dressed in the standard orange lock-up uniform.

In the one-hour raid, the police confiscated Ooi’s computer monitor, keyboard, headphone, a number of CDs and a CPU (central processing unit).

According to witnesses, the cops did not show any search warrant.

An outraged Nga Kor Ming, who is DAP parliamentarian for Taiping, lambasted the raid.

“This is the first time in DAP’s 42-year history that police have raided our HQ,” he fumed.

Investigated under PPPA

Sixteen people were arrested at the DAP Teratai service centre for holding a candlelight vigil.

Those arrested, including Teratai state assemblyperson Jenice Lee, have been held over the past two days at the Pandan Indah police lock-up to facilitate investigation.

It is learnt that they are being probed for illegal assembly as well as Printing Presses and Publications Act 1984 (PPPA).

At the candlelight vigil, DAP had distributed a two-page leaflet titled ‘507 Detik Hitam dalam Sejarah Demokrasi Malaysia!’ (507 – A Black Moment in Malaysia’s History of Democracy).

Under the PPPA, the police could charge them for publishing an illegal document or for spreading false news.

At a press conference, DAP Puchong parliamentarian Gobind Singh slammed the police for not producing a warrant, although this is a requirement under Section 16 of the PPPA.

“This is a clear cut case of invasion of privacy and trespass,” said Gobind, who is head of the party’s legal bureau.

Also at the press conference, DAP central committee member Teresa Kok said that the raid and detention of the 16 was a “scare tactic” by the police to pre-empt any future candlelight vigils.

“They are intentionally prolonging the detention of the people, putting additional charges (other than illegal assembly) just to discourage people from attending,” said Kok, who is Seputeh MP and Kinrara state assemblyperson.

Meanwhile, DAP chairperson and Cheras MP Tan Kok Wai said that the candlelight vigil outside his office in Cheras would still proceed tonight at 9pm tonight.

Andrew Ong, Mkini

Notes of decision in zambry v Nizar Case (CoA) — Edmund Bon

MAY 23 — These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA.

Any mistakes herein are mine.

Firstly, we would like to thank counsel in assisting us to arrive at our decision. The decision is unanimous and these are our views:

1. The granting or withholding of consent to dissolve the State Assembly is a royal prerogative to be exercised by His Royal Highness (HRH).

2. From the facts of this case, the request made by the Respondent (Nizar) to dissolve the State Assembly was made under Article 16(6) of the Perak Constitution, and not under Article 36(2).

3. Under Article 16(6) of the Perak Constitution, upon the exercise of HRH’s royal prerogative to withhold consent for dissolution, the Respondent shall tender his resignation.

4. There is no mandatory, express requirement that provides for a motion of no-confidence to be passed in the State Assembly against the Respondent before he ceases to command the confidence of the majority.

5. The fact that the Respondent has ceased to command the confidence of the majority may be ascertained through extraneous means. We approve the case of Amir Kahar. The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts.

6. HRH was right to make enquiries to satisfy himself whether the Respondent had ceased to command the confidence of the majority before deciding on the Respondent’s request for dissolution.

7. On the facts of the case, it is clear that the Respondent had ceased to command the confidence of the majority thus HRH, in accordance with Article 16(6), was right to appoint the Appellant (Zambry) as Mentri Besar of Perak after being satisfied that the Appellant commanded the confidence of the majority.

8. The learned Judge (High Court) erred in law when interpreting the Perak Constitution. He failed to properly appreciate the evidence rendering his decision clearly wrong.

9. The appeal is allowed. The orders of the High Court are set aside.

… [Exchange between counsel for Nizar and Zambry with the Bench on the issue of costs.]

No order as to cost.

… [Exchange between counsel for Nizar and Zambry with the Bench on ancillary matters:

Haji Sulaiman: My Lords and My Lady, I have been instructed to appeal the decision. Due to the urgency of the matter, I pray that Your Lordships and Ladyship supply us with the grounds of judgment as soon as possible.

Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?

Haji Sulaiman: We leave it to the Court to decide.

Raus Sharif JCA: Isn't it academic already?

Haji Sulaiman: We are of the view that the Court of Appeal was wrong to grant the stay. To say that we concede is not entirely correct but it has served no purpose anymore. We therefore leave it to Your Lordships and Ladyship to decide. Alternatively, for a Court to to fix a hearing date.

Cecil Abraham: We seek that the application be dismissed.

Raus Sharif JCA: Enclosure 9(a) is dismissed.

Haji Sulaiman: My Lord, it should be struck out as it has not been heard on the merits.

Raus Sharif JCA: Yes. Application struck out.]

— loyarburok.com

Four contestants for Penanti, Perak heavy in the background

Video by Mkini

Video by zinbab24

===================================

By Wong Choon Mei

Four candidates led by Pakatan Rakyat’s Mansor Othman will battle it out at the Penanti by-election due to be polled next Sunday, May 31.

Pakatan’s Mansor was the first to arrive at the Youth Skills Development Institute, but waited outside the nomination centre with a drove of supporters.

A crowd of more than 5,000 built up, waving flags and banners, as they pushed to catch a glimpse of the Pakatan top brass, who did not disappoint them.

Opposition Leader Anwar Ibrahim was among early birds. The reform icon was accompanied by Pakatan Menteri Besar for Perak Nizar Jamaluddin, Selangor Menteri Besar Khalid Ibrahim and PKR leaders including vice-president Azmin Ali, Saifuddin Nasution and Tian Chua.

Penang Chief Minister Lim Guan Eng and DAP supremo Lim Kit Siang also arrived to show their support, drawing loud cheers and fanfare.

Mansor vs three Independents after one was disqualified

Four Independent candidates had registered to contest. They were former PKR Wanita member Aminah Abdullah, businessman Mohd Saberi Othman, surprise aspirant Kamarul Ramizu Idris and Gerakan’s Nai-Khan.

However, Mohd Saberi was later disqualified for ‘technical error’.

Aminah came with her family members, while Mohd Saberi was accompanied by about 20 supporters, who shouted ‘Hidup Bebas’ as they entered the compound.

Kamarul had lost in the Bukit Gantang parliamentary by-election in Perak last month. His Penang outing was initially in doubt after a local businessman protested that his proposer was not from Penanti. However, the returning officer cleared his candidacy but rejected Mohd Saberi’s.

Among Independents, it was 41-year old Nai and the 49-year old Mohd Saberi who sparked the most interest. Saberi, who says he is a businessman, was formerly an aide to ex-premier Abdullah Badawi. Whilst Nai had told reporters he resigned as Youth chief of  Gerakan Teluk Wang branch on May 19 just so that he could contest as an Independent!

That either could be unaligned to the BN is hard to believe and that both Umno and Gerakan – once mighty in Penang – could stoop so low as to try winning a seat through the backdoor is a telling sign of their political deterioration.

“The BN symbol has become so unmarketable, it is now the trend to go in as Independent if you can’t run for the Pakatan. Your chances would be better, the dacing (BN’s trademark) would be a sure loss anywhere in Malaysia now,” said PKR strategic affairs director Tian Chua.

Disown Najib. He no longer deserves to be the country’s PM

In fact, just days ago, Anwar had warned that a desperate Umno-BN could resort to any move – no matter how foul or underhanded – just to cling to power in the country.

The democracy icon said Prime Minister Najib Razak was likely to back an Independent so as to roil the Pakatan’s chances, while at the same time shielding himself from the political consequences of yet another electoral defeat.

Having lost in four of the past five by-elections, Najib is keen to avoid election at any cost. He has systematically abused the country’s system, federal apparatus and institutions to fix outcomes that favour himself.

On Friday, the Court of Appeal helped him rubber-stamp his political will on the Perak people. Forsaking justice and neutrality, the court quashed a ruling that PAS’s Nizar was the rightful MB of the northwestern state, which shares mainland Penang’s southern border.

Civil society and Pakatan leaders warned that if this could still happen in Malaysia, then Malaysians must take the next logical step – which is the only proper one or forever lose their democratic freedom.

Najib does not deserve to be this country’s PM. The most powerful post in the country is a privilege, not a right.

“Civil disobedience is the only form of expression Malaysians are left with. Everything else has failed them. They must from now on ignore Najib. Boycott him – tell everyone he is not your PM, he has he lost the right to be respected.

“He can cling to power, let him. But it will have to be by brute force. Let us be very clear about it, this is Najib. It is his 1Malaysia, not our ours. He has got nothing to do with us. We do not acknowledge him as our PM,” said Pakatan leader.

Small but just as precious

Penanti is located on the mainland. Padi fields, rubber and palm oil plantations dot the small constituency, made up of little villages with a smattering of commercial activities.

Penanti is a Malay heartland. Most of the folk are industrial workers and small businessmen. Some 73 percent or 11,296 voters are Malay, 24 percent or 3,732 are Chinese, and 2 percent or 371 are Indian.

It is also part of the Permatang Pauh parliamentary constituency, Anwar’s stronghold. Another reason why Najib has insisted on not contesting, although many within Umno  had urged him to be braver and to go for it.

In the 2008 general election, former Penang deputy chief minister Fairus Khairuddin thumped Umno’s Abdul Jalil with a majority of 2,219 votes. The PKR leader obtained 7,346 votes versus Jalil’s 5,127. However, he resigned last month amid huge harassment from the press and his political rivals.

His replacement – the 56-Mansor – is a popular figure in Penang. Mansor is also PKR state deputy chief. A former Universiti Sains Malaysia lecturer, he stands to be appointed the new DCM (I) if he wins at Penanti.

“Pakatan has always upheld the concept of free and fair elections. The electorate expect us to practice and I tend to fulfil their wish,” Mansor has said.

SK

Decision on sultan’s ‘absolute power’ unprecedented

The Court of Appeal judgment giving the sultan absolute power to dismiss the menteri besar is setting a dangerous precedent for a non-elected monarch to dismiss an elected head of state without going through the  process of the state legislative assembly, said Mohammad Nizar Jamaluddin’s lawyer.

MCPX

“The power to dismiss (by the sultan) has always been believed not to exist but now the Court of Appeal has enlarged the monarch’s power to dismiss the head of  the state government,” said Leong.

“What happens if another sultan takes over (Perak) or for that matter any sultan of any state is given such powers which can be abused by the monarch?” he asked.

“The Court of Appeal judgment has set a dangerous precedent which will lead to the abuse of the separation of powers between the monarchy, the executive, the legislative and the judiciary,” he said.

“This means the menteri besar can be dismissed by the sultan without going through the state assembly merely by a group of assemblymen going to the palace and informing the ruler that a majority no longer supports the menteri besar.”

Leong’s arguments are:

1) Although the sultan has the power to determine whether or not to grant a dissolution, there is no express power for him to dismiss the menteri besar even after he has determined that the menteri besar has lost the confidence of the majority of the assemblymen.

2) The sultan’s discretionary powers are to be found in Article 16 of the Perak Constitution only and no where else.

3) Article 18 of the Perak constitution provides that: “In the exercise of his functions under the Constitution of this state or any law or as a member of the Conference of Rulers, his Royal Highness shall act in accordance with the advice of the executive council…”

4)  In 1994, the Federal Constitution was amended to stress that: “Where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice,” he must act in accordance with that advice.

5) Professor RH Heckling’s ‘Malaysian Public Law’ in page 76 has written that the pivot on which the whole of the constitution turns is that the power of the Agong (or the sultan) can only as a general rule be exercised in accordance with the advice of democratically-elected ministers (exco).

6) The Court of Appeal therefore has interpreted the Perak constitution to allow the sultan to act without advice and without any such express power in the Perak constitution and therefore is plainly wrong in its judgment.

Sultan cannot deem MB post vacant

Leong said that Pakatan would submit to the Federal Court that if the sultan has no such power to dismiss, he also has no power to deem the office vacant.

“How can the High Court findings of fact that Nizar has not lost the confidence of the majority of the Aduns (state assemblypersons) be reversed by the Court of Appeal? For what reason? We want to know so we are going to appeal against the decision to the Federal Court soon.

“It is a long and established principle of law that an appellate court does not reverse the High Court’s findings of fact. In this case, it was an express finding that Nizar had not lost the confidence of the majority,” he added.

“The High Court judge made the decision after seeing and hearing the witnesses.

“However, the Court of Appeal is substituting its own finding for that of the High Court despite not having had the advantage of first hand evidence of the witnesses.”
Humayun Kabir, Mkini

Tan Sri Khalid Ibrahim on Perak Putsch

Temubual Eksklusif Dato Seri Nizar – Keputusan Mahkamah Rayuan 22/05/2009

Mat Saman Kati/Perak Express

Program Anwar di Penanti pada 22 hingga 24 Mei 2009

Anna Yusof

KUALA LUMPUR, 21 Mei (SK) : Lawatan dan ceramah Ketua Umum KeADILan Anwar Ibrahim di penanti akan dimulakan dengan pelancaran Jentera Pilihanrya Pemuda Pakatan Rakyat yang bertempat di Padang Ibu dan disusulin dengan ceramah di lokasi yang sama.

Beberapa ceramah yang di jangka akan dihadiri oleh beberap pemimpin Pakatan Rakyat termasuk Abdul Hadi Awang, Mohammed Nizar Jamaluddin dan Lim Kit Siang.

Berikut adalah program Anwar selam tiga hari di sana:-

22 Mei 2009, Jumaat,10:45 malam

Pelancaran Jentera Pilihan Raya Pemuda Pakatan Rakyat

Tempat     :      Padang Ibu, Penanti

Bersama:  Anwar Ibrahim, Salahuddin Ayub, Anthony Loke, Shamsul Iskandar dan Mohamad Sabu.

23 Mei 2009, Sabtu

Masa     :      9:00 – 12:00 tghari

Tempat     :      IKBN Berapit

Program     :     Penamaan Calon

4:30 Ptg

Tempat     :      Mengkuang Mat Sulong

Program     :     Majlis Penerangan

7:25 mlm

Tempat     :      Surau Pondok Penanti

Program     :      Solat Maghrib/Tazkirah

8:30 mlm

Tempat     :      Surau Guar Jering/JDM 01

Program     :      Solat Isya/Tazkirah

9:30 mlm

Tempat     :      Bukit Berangan

Program     :      Majlis Penerangan

10:45 mlm

Tempat     :     Padang Berapit (Berhadapan Rumah Cikgu Ibrahim)

Program     :      Ceramah Perdana

Bersama     :      Anwar Ibrahim, Nizar Jamaluddin dan Lim Guan Eng Ketua Menteri Pulau Pinang.

24 Mei 2009, Ahad

10:30 pagi

Tempat     :      Dewan JKKK Mengkuang Semarak

Program     :      Sambutan Hari Ibu (Program AMK)

4:30 ptg

Tempat     :      Bilik Gerakkan Telok Wang

Program     :      Majlis Mesra bersama penduduk Telok Wang

7:45 mlm

Tempat     :      Masjid Kg Pelet

Program     :      Solat Maghrib dan Tazkirah

8:30 mlm

Tempat     :      Perkampungan Sungai Lembu

Program     :      Majlis makan malam

9:45 mlm

Tempat     :      Markas Mengkuang Semarak

Program     :      Majlis Penerangan

10:45 mlm

Tempat     :      Padang Taman Guar Perahu

Program     :      Ceramah Perdana

Bersama     : Anwar Ibrahim, Abdul Hadi Awang dan Lim Kit Siang

Perak verdict: Anwar disappointed but not surprised

Pakatan Rakyat leader Anwar Ibrahim is disappointed but not surprised with the appellate court ruling that Barisan Nasional’s Zambry Abd Kadir was the legitimate Perak menteri besar.

MCPX

Speaking at a by-election rally in Padang Ibu, Penanti last night, Anwar said he was disappointed that ousted menteri besar Mohammad Nizar Jamaluddin was denied the chance to “govern a people-orientated administration”.

He contended that Nizar did not deserve to be booted out because he was a “capable, clean and caring” leader.

According to the opposition leader, Nizar had safeguarded the interests of the poor and needy in his one-year stint as Perak menteri besar.

“He did not misappropriate or spend lavish public funds on mega-projects. He did not steal logging revenue and solicit shares for himself.

“Maybe those were his wrongdoings,” quipped Anwar in his typical reverse psychology one-liner to the 3,000-strong crowd in the remote village.

PKR supremo Anwar said the court decision did not surprise him because “Pakatan Rakyat could sense it was coming based on series of judicial decisions over the years”.

The Court of Appeal yesterday allowed Zambry’s appeal and reversed the earlier Kuala Lumpur High Court decision that declared PAS leader Nizar as the rightful menteri besar of Perak.

Send a strong message to Putrajaya

The Permatang Pauh parliamentarian went on to lambast BN for not heeding popular demand to dissolve the Perak assembly and pave the way for a fresh state election.

BN and its media, he claimed, were now trying hard to convince the public that Pakatan was the cause of the Perak political deadlock when the truth was otherwise.

“We have called for a fresh election to end the impasse but BN has refused to do so,” he said.

He urged Penanti voters to give PKR candidate Mansor Othman a big win in next Sunday’s by-election to send a strong message to the Putrajaya leadership that they were unhappy with the constitutional crisis in Perak.

“Give PKR and Pakatan a big win to convey everyone’s anger and frustration over the Perak crisis,” he said.

Why the U-turn on by-election?

He also criticised BN’s quick decision to contest the forthcoming Manek Urai state by-election in Kelantan after passing over Penanti.

He taunted BN for making a complete U-turn with its decision to join the fray in Manek Urai as this went against its reasons not to contest Penanti.

“BN said Penanti by-election was a waste of public resources which can be better used to rebuild the country’s economy.

“Don’t tell me that the economy has been rebuilt now and it would not be a waste of public fund, time and energy to contest Manek Urai.

“It clearly showed the real reasons behind BN pullout from Penanti,” said Anwar, suggesting that Umno was scared to fight PKR.
Athi Veeranggan

Penanti: Possible five-cornered fight

12noon Confirmed! It will be a four-cornered fight for the Penanti state seat by-election on May 31 following the disqualification of independent candidate Mohd Saberi Othman.

The contest will see favourite PKR’s Mansor Othman taking on three independents.

The independents are former Penang PKR Wanita chief Aminah Abdullah , former local Gerakan leader Nai Khan Ari and Kamarul Ramizu Idris, who contested in Bukit Gantang as an independent.

The candidates can start campaigning now until May 30 midnight.

Symbols allocated for the independent candidates are key for Aminah, wau (kite) for Nai Khan and umbrella for Kamarul. Mansor will be using the PKR logo.

11.56am: Returning Officer Roslan Yahaya confirms that independent candidate Mohd Saberi Othman is disqualified. When approached, Mohd Saberi said he was disquaified over a “technical error”.

11.35am: Word is that one of the independents have been disqualified. Nothing official yet.

11am: Objection period ends. Returning Officer Roslan Yahaya will be making an official announcement on the candidates soon.10.30am: Local businessman Zainon Mohammad, 52, has filed a protest against independent Kamarul Ramizu Idris for having a non-local as his proposer.

Kamarul’s proposer Ismail Yahaya’s address in the nomination forms is stated as being in Parit, Perak.

Zainon said that was a breach of electoral laws which only allowed locals to be proposers.

10am: Nomination period ends. Now starts an hour-long objection period. Unless there is a disqualification, the Penanti by-election on May 31 will see a five-cornered fight involving PKR and four independent candidates. The contest will not see the BN taking part.

9.50am: Pakatan Rakyat leader Mohammad Nizar Jamaluddin, who is in a tight fight with BN’s Zambry Abd Kadir on the legitimate Perak menteri besar issue, is mobbed by some 3,000 Pakatan supporters outside the nomination centre.

The crowd shouted ‘bubar Perak‘ (dissolve Perak assembly) when they saw him.

He told reporters that he was waiting for the Court of Appeal’s written judgment before filing his appeal to the Federal Court.

The appellate court yesterday had ruled that Zambry was the rightful MB.

9.40am: Penang CM Lim Guan Eng says the peaceful situation during the nomination process reflected the people’s maturity in practising democracy.

“And this is a good indicator to continue asking for fresh state elections in Perak,” he said.

9.35am: Things have gone quiet inside the National Youth Skills Centre nomination centre in Bukit Mertajam. No other surprise candidates are expected to file further nominations.

Nomination period ends at 10am.

Outside the Pakatan crowd has outsized everyone else, including the police.

Eyewitnesses are claiming that the situation and atmosphere seemed strange without the usual BN entourage at this by-election.

9.23am: Penang Chief Minister and DAP secretary-general Lim Guan Eng and DAP veteran leader Lim Kit Siang arrive at the nomination centre to show support for Mansor.

9.18am: Kamarul Ramizu Idris, who contested in Bukit Gantang as an independent on April 7, submits his nomination papers to contest in Penanti, making it a possible five-cornered fight.

Dressed in his trademark black, he said he was contesting to bring “peace and a fresh political culture”.

He lost his deposit in Bukit Gantang.

9.17am: Former Gerakan leader Nai Khan Ari files his application to contest as an independent candidate.

9.15am: A surprise candidate is also in the nomination centre – Kamarul Ramizu Idris who contested in Bukit Gantang as an independent is waiting to submit his nomination to contest for Penanti as well. He will be the fifth candidate.

9.14am: Mohd Saberi files his nomination forms to contest as an independent.

9.02am: Independent candidate Aminah Abdullah was the first to submit her nomination papers sharp at 9am.

She was followed by PKR’s Mansor (left) at 9.10am.

9am: Nomination period starts. Independent candidate Mohd Saberi Othman arrives at the nomination centre with his supporters.

As he walked in, several Pakatan supporters shouted at him “nampak macam Umno” (You look like Umno). Mohd Saberi is an ex-army man and a local boy. He used to be an aide to former premier Abdullah Ahmad Badawi but had denied being an Umno member.

8.50am: PKR candidate Mansor arrives at the nomination centre. He is accompanied by PKR/Pakatan Rakyat leader Anwar Ibrahim and other leaders like PKR vice-president Azmin Ali, Selangor Menteri Besar Khalid Ibrahim and PAS leader Hatta Ramli. [see video]

Earlier report

The voters in Penanti will know today the identity of the candidates who will be contesting for the state seat by-election on May 31.

Nomination process is set to start at 9am at the National Youth Skills Centre in Bukit Mertajam.

Four candidates have expressed their interest and pending any last minute hitches, objections or surprises, the contest will be a four-cornered fight with PKR being the favourite to retain this seat.

The four are PKR’s Mansor Othman and three independents – former Penang PKR women chief Aminah Abdullah, businessman Mohd Saberi Othman, believed to be an ex-aide of former premier Abdullah Ahmad Badawi and former local Gerakan leader Nai Khan Ari.

The biggest surprise so far in the run-up to the Penanti by-election is perhaps the decision by Barisan Nasional to stay out of this race.

BN’s biggest party Umno has traditionally contested this seat. And before the inroads made by PKR in the 2008 general election, this seat had been an Umno stronghold.

The Penanti seat falls under the Permatang Pauh parliamentary seat, which is the stronghold of PKR and Pakatan Rakyat leader Anwar Ibrahim.

Strong PKR supporters

This morning, Pakatan Rakyat supporters started gathering just outside the nomination centre from 7.30am. By 7.50am, Mansor, wearing a blue traditional Baju Melayu, had arrived to join some 300 supporters.

Also present were Anwar, Selangor Menteri Besar Khalid Ibrahim and other leaders.

By 8.30am, the Pakatan crowd has swelled to about 1,000. Many carried the flags of PKR and PAS. They also shouted ‘reformas’ and ‘hidup rakyat’ while singing the national anthem.

Also arriving at about 7.30am was Aminah, who was accompanied by about 10 family members.

“I am contesting to fight for the truth,” she told reporters, adding that she had left PKR as the party had “lost its direction”.

They were later joined by another independent Nai, who arrived at the centre at 8.15am.

The police have closed several roads near the nomination centre since 6am to manage traffic. The roads will remain closed until 1pm.

The roads affected are Jalan Berapit in front of the Berapit Chinese cemetery and the Jalan Berapit-Jalan Mengkuang junction.

The seat fell vacant following the resignation of former deputy chief minister 1 (DCM 1) Mohammad Fairus Khairuddin as its state representative on April 16.

Penanti finally arrives, but Perak in the background

By SK English News

Good Morning. Nomination day is finally here for Penanti, Penang. Pakatan Rakyat candidate Mansor Othman is already at the nomination centre with droves of PKR supporters and more on the way.

Opposition Leader Anwar Ibrahim is also present, leading more than 1,000 Pakatan supporters. He is accompanied by Selangor Menteri Besar Khalid Ibrahim and other PKR leaders including vice-president Azmin Ali, Saifuddin Nasution and Tian Chua.

It is not clear yet how many Independent candidates will take part, but four have shown up so far.

They are former PKR Wanita member Aminah Abdullah, businessman Mohd Saberi, surprise aspirant Kamarul Ramizu Idris and Gerakan’s Nai-Khan.

Aminah came together with her family members, while Mohd Saberi was accompanied by 20 supporters, who shouted ‘Hidup Bebas’ as they entered the compound of the nomination hall. Kamarul was a losing independent in the Bukit Gantang parliamentary by-election in Perak last month.

But among the Independents, it is 41-year old Nai who has garnered the most interest. He told reporters he resigned as the secretary and Youth chief of the Gerakan Teluk Wang branch on May 19 so that he could contest as an Independent!

That he could forsake his party for this purpose is tough to believe and that Gerakan – once mighty in Penang – could stoop so low as to try winning a seat through the backdoor is a telling sign of the condition it has deteriorated into.

Just days ago, Anwar had warned a desperate Umno-BN could resort to any move – no matter how foul or underhanded – just to cling to power.

Disown Najib. He no longer deserves to be the country’s PM

The reform icon  already raised the possibility that Prime Minister Najib Razak would back an Independent so as to roil the Pakatan’s chances, while at the same time shielding himself from the political consequences of yet another electoral defeat.

Having lost in four of the past five by-elections, Najib is keen to avoid election at any cost. He has systematically abused the country’s system, federal apparatus and institutions to cling to power.

A day ago, the Court of Appeal helped him by rubber-stamping his political will on the Perak people. Forsaking justice and neutrality, it quashed a ruling that PAS leader Nizar Jamaluddin was the rightful Menteri Besar of the northwestern state, which is also Penang’s neighbour.

Civil society and Pakatan leaders warned that if this could still happen in Malaysia, then Malaysians must take the next step – the only proper one or forever lose their democratic freedom.

Najib does not deserve to be this country’s PM. The most powerful post in the country is a privilege, not a right!

“Civil disobedience is the only form of expression Malaysians can now resort to. Everything else has failed them. They can from now ignore Najib. Boycott him – tell everyone he is not your PM, he has he lost the right to be respected.

“Najib can cling to power, let him. But it will have to be by brute force. Let us be very clear about it, this is Najib. It is his 1Malaysia, not our ours. He has got nothing to do with us. We do not acknowledge him as our PM,”  said a political watcher.

Small but just as precious

Penanti is located on mainland Penang. Padi fields, rubber and palm oil plantations dot the small constituency, made up of little villages with a smattering of commercial activities. Most of the folk are industrial workers and small businessmen.

Penanti is a Malay heartland. Some 73 percent or 11,296 voters are Malay, 24 percent or 3,732 are Chinese, and 2 percent or 371 are Indian.

It is also part of the Permatang Pauh parliamentary constituency, Anwar’s stronghold. Another reason why Najib has insisted on not contesting although many within his Umno party had urged him to be braver and go for it.

In the 2008 general election, former Penang deputy chief minister Fairus Khairuddin thumped Umno’s Abdul Jalil with a majority of 2,219 votes. The PKR leader obtained 7,346 votes versus Jalil’s 5,127. However, he resigned last month amid huge harassment from the press and his political rivals.

His replacement – the 56-Mansor – is a popular figure in Penang. Mansor is also PKR state deputy chief. A former Universiti Sains Malaysia lecturer, he stands to be appointed the new DCM (I) if he wins at Penanti.

“Pakatan has always upheld the concept of free and fair elections. The electorate expect us to practice and I tend to fulfil their wish,” Mansor has said. SK

MAHKAMAH RAYUAN KETEPIKAN DOKTRIN RAJA BERPERLEMBAGAAN

Jam menunjukkan pukul 2.30 pagi awal Januari 2010, Najib Tun Razak yang baru pulang ke rumah rasminya di Putrajaya tiba-tiba dikejutkan dengan satu surat dari Duli Yang Mulia Yang DiPertuan Agung ( YDPA ) bahawa beliau dan Rosmah hendaklah mengosongkan rumah rasminya kerana YDPA telah melantik orang lain sebagai Perdana Menteri menggantikan beliau.

Alasan YDPA di dalam surat tersebut adalah ahli-ahli Dewan Rakyat khususnya dari Pakatan Rakyat ( PR ) dan beberapa ahli BN yang mula menyokong PR telah berjumpa YDPA di Istana dan menyatakan bahawa mereka tidak lagi yakin dengan Najib dan mahu orang lain sama ada Tuan Guru Dato’ Seri Haji Abdul Hadi Awang atau Dato Seri Anwar Ibrahim sebagai Perdana Menteri. Surat YDPA juga menyatakan bahawa jika Najib tidak meletak jawatan beliau hendaklah dipecat dari jawatannya sebagai Perdana Menteri.

Najib merengus marah manakala Rosmah berteriak macam orang yang kena histeria . Najib yang masih marah dan berang berkata : “ Macam mana Tuanku dengan sewenang-wenangnya memecat patik sedangkan Parlimen tidak mengadakan apa-apa sidang atau membawa apa-apa usul atau undi tidak percaya kepada patik. Patik tidak nampak mana –mana peruntukkan di bawah Perkara 43 Perlembagaan Persekutuan yang member kuasa kepada Tuanku untuk memecat patik sebagai Perdana Menteri. Macam mana patik boleh dengan mudah dipecat dan sebagai ganti dilantik orang lain sebagai Perdana Menteri sedangkan tidak ada sebarang undi tidak percaya diluluskan di Parlimen ke atas patik”.

Keluhan Najib didengar dengan tenang oleh YDPA . YDPA dengan senyum berkata kepada Najib : “ Adakah tuan hamba sudah lupa bahawa pada 22 hb Mei 2009 iaitu pada hari Jumaat jam 3.30 petang di tingkat bawah Palace of Justice, Putrajaya tiga orang Hakim Mahkamah Rayuan iaitu Yang Arif ( Y.A ) Dato Raus Sharif, Y.A Dato Ahmad Maarof dan Y.A Dato’ Zainon Ali telah sebulat suara memutuskan antara lain bahawa

a. Seorang Menteri Besar ( di peringkat Negeri ) atau Perdana Menteri ( PM ) di peringkat Pusat secara tersirat boleh dipecat atau diminta letak jawatan jika Sultan atau YDPA memutuskan bahawa MB atau PM tidak lagi mendapat sokongan majoriti ADUN atau Ahli-Ahli Parlimen.

b. Perkara 16 ( 6 ) Perlembagaan Perak atau Perkara 43 ( 4 ) Perlembagaan Persekutuan tidak menyebut bahawa kaedah bagi menentukan bahawa seorang MB atau PM hilang keyakinan majoriti ADUN atau ahli-ahli Parlimen adalah melalui undi tidak percaya ( votes of no confidence ).

c. Kes Stephen Kalong Ningkan ( 1966 ) iaitu kes yang diputuskan oleh Mahkamah Tinggi di Sarawak yang memutuskan bahawa Governor atau Sultan tidak ada kuasa memecat Ketua Menteri atau MB dan satu-satunya cara menentukan seorang MB atau PM hilang keyakinan ahli-ahli Dewan adalah melalui undi tidak percaya tidak boleh lagi dipakai.

YDPA seterusnya menambah : “ Bukankah keputusan Mahkamah Rayuan tersebut yang tuan hamba inginkan bagi meraih keuntungan politik jangka pendek tuan hamba dan parti tuan hamba. Bukankah tuan hamba yang berkeras tidak mahu mendengar keluhan rakyat dan pemimpin partai komponen tuan hamba sendiri supaya krisis di Perak diselesaikan secara aman dan melalui amalan demokratik iaitu dengan kembali kepada rakyat melalui Pilihanraya semula di Perak. Maaf tuan hamba, Beta terikat dengan keputusan tersebut dan tidak boleh buat apa-apa . Maka Beta dengan ini memerintahkan tuan hamba dan sekeluarga keluar dari rumah rasmi Perdana Menteri kerana tuan hamba bukan lagi Perdana Menteri Malaysia.”

Najib tersentak dan lemah segala sendi manakala Rosmah pula terkaku dan jatuh pengsan. Tiba-tiba mereka sedar keputusan Mahkamah Rayuan hari ini kini telah makan diri. Jika keputusan yang paling wajar dan munasabah oleh Y.A Hakim Mahkamah Tinggi iaitu Y.A Dato’ Aziz Abdul Rahim yang memutuskan bahawa satu-satunya cara menentukan seorang MB atau PM hilang keyakinan ahli-ahli Dewan adalah melalui undi tidak percaya sekaligus mengekalkan doktrin Raja Berperlembagaan ( Constitutional Monarchy ) keputusan Mahkamah Rayuan pula ditafsirkan oleh ramai cendikiawan undang-undang telah melahirkan doktrin baru iaitu Raja Mutlak ( Absolute Monarchy ). Jika Raja Berperlembagaan melahirkan kesejahteraan sudah tentu doktrin Raja Mutlak akan melahirkan suasana yang tidak menyenangkan.

Sketsa di atas adalah , bagi saya, cara terbaik untuk memahamkan para pembaca tentang kesan keputusan Mahkamah Rayuan pada hari ini.

Sebagai seorang anggota pasukan peguam Nizar, saya menghormati keputusan Mahkamah Rayuan tersebut. Tapi saya tidak pasti keputusan tersebut akan diterima dengan baik oleh rakyat khususnya rakyat di Perak.

Dalam keadaan keyakinan rakyat kepada institusi kehakiman masih belum pulih sepenuhnya sudah tentu keputusan Mahkamah Rayuan tersebut tidak dapat lari dari cemuhan rakyat. Inilah masalahnya apabila sesebuah institusi dalam sebuah negara sudah hilang keabsahan ( legitimacy ). Di negara ini apabila BN memerintah terlalu lama dan keabsahan parti tersebut dipertikaikan turut sama terpalit adalah institusi keadilan seperti Mahkamah , Peguam Negara dan polis. Apabila rakyat hilang keyakinan kepada sistem keadilan , maka sebarang keputusan Mahkamah apatah lagi keputusan seperti keputusan Mahkamah Rayuan pada hari ini sudah tentu tidak akan mudah diterima sebagai satu keputusan yang adil dan telus.

Sejak dari awal rakyat sudah nampak macam ada sesuatu yang tidak kena kepada cara kes rayuan Zambry dikendalikan. Zambry kalah di Mahkamah Tinggi pada 11/5/2009. Mahkamah Tinggi menolak permohonan Zambry bagi menggantungkan perlaksanaan penghakiman.

Pada 12/5/2009 di sebelah pagi Zambry membuat permohonan bagi menggantungkan perlaksanaan penghakiman. Mahkamah Rayuan menetapkan tarikh pendengaran permohonan Zambry pada pagi hari yang sama . Tarikh pendengaran yang diberikan dengan tergesa-gesa sudah tentu memprejudiskan Nizar dan pasukan peguamnya bagi membuat persiapan yang teliti dan mendalam.

Pada tengah hari 12 hb Mei itu juga Y.A Hakim Dato Ramly membenarkan permohonan Zambry dan perintah diberikan tanpa sebarang syarat.

Nizar membuat permohonan bagi membatalkan perintah penggantungan yang diberikan kepada Zambry. Mulanya permohonan Nizar ditetapkan pada 18/5/2009 tetapi kemudiannya ditangguhkan pada 21/5/2009 iaitu pada hari yang sama rayuan Zambry didengar. Sudah tentu permohonan Nizar tidak lagi relevan untuk didengar atau seperti yang sering dikatakan ianya menjadi akademik.

21 hb Mei rayuan Zambry didengar dengan hujah lisan dan bertulis dikemukakan oleh pihak –pihak secara mendalam . Mahkamah hanya ambil masa satu hari sahaja untuk putuskan. Memang hebat Mahkamah boleh buat keputusan dalam masa satu hari .Tetapi cuba kita bayangkan jika kita menghantar baju untuk dijahit dan tukang jahit siapkan baju kita dalam satu hari- saudara boleh bayangkanlah tahap kualiti baju tersebut .

Suatu yang amat mengharukan kami ( pasukan peguam Nizar ) adalah meskipun Nizar kalah namun sambutan rakyat kepada kami di Mahkamah Rayuan hari ini seolah-olah menunjukkan Nizar yang menang dan bukannnya Zambry.

Untuk rakan pasukan peguam Nizar iaitu Tuan Haji Sulaiman Abdullah, Philip Khoo, Ranjit Singh, Razlan Hadri, Nga Hock Cheh, Chan Kok Keong, Mr .Leong, Edmond Bon, Amir Arshad dan Zulkarnain Lokman ingatlah keputusan hari ini tidak akan mematahkan semangat kita sebaliknya ia memberi semangat baru kepada kita untuk terus berjuang menentang kezaliman dan menegakkan keadilan . Kita jumpa lagi di Mahkamah Persekutuan insya’Allah.
oleh: Mohamed Hanipa Maidin

Sigh… hafidz baharom does not respect me: Who the hell is hafidz, anyway? Do we need his respect to survive?

NO HOLDS BARRED

Raja Petra Kamarudin

Today, Hafidz Baharom’s piece ‘Why I don’t respect RPK’ was published in The Star. Once upon a time, The Star used to be known as ‘Suara Tunku Abdul Rahman’ — when it was then merely a regional newspaper for Penang folks. Now, of course, it is better known as Suara MCA and has since been transformed into a national newspaper.

Back in the early 1990s, I too used to write for The Star. At that time I was just a freelance columnist writing for the Cycling, and later, Motorcycling columns in The Weekender. The Weekender’s editor then was Sharifah Intan. I think she is the Tunku’s granddaughter but I never did ask her.

Hafidz echoes what many Umno types have repeatedly said: berani kerana benar. What he means is: I have lied. So I should be man enough to face the music and walk into jail with my head held up high. First of all, they assume I have lied. Secondly, since I have lied, then I should suffer a sham trial and accept the verdict of a kangaroo court and go quietly to jail.

Okay, let us focus on that one issue for the meantime. We can always talk about the other issues later.

The issue they raise is: I have lied. Since the court has not ruled either way just yet, let us assume, therefore, that I have. And we will give them the benefit of the doubt and agree that I have lied. I shall not dispute that. And this means I need to go to court so that the court can rule whether I did or did not lie.

I have no problems with that. In fact, in the beginning, that was what my sedition trial was all about. Superintendent Gan made a police report against me alleging that I had lied. And I was arrested and charged for sedition because it is said I had lied. And I faced trial and defended myself against the allegation that I had lied.

Then Gan was called to testify. He was not my witness but the prosecution’s witness. And he went into great detail relating how he arrived at the conclusion that I had lied — and which was why he made that police report against me.

It was an open and shut case. Raja Petra Bin Raja Kamarudin lied in that article he wrote. So Gan was forced to make a police report against me. He was the investigating officer in the Altantuya murder. He knows the full details of the murder investigation. And he therefore knows very well that what I wrote are total lies.

Then it came to our turn to cross-examin him. He had already testified for the prosecution. Now it was our turn to cross-examin him on his testimony he gave the prosecution.

And that was when he changed his story.

No, he did not investigate the Altantuya murder after all. Another person did. So he is not that knowledgeable about the details of the murder investigation. He just knows small patches of the investigation.

Okay, but he said I had lied. Which parts of that article were the lies? My lawyer went through the article and identified four (4) paragraphs where, according to Gan’s police report, I was supposed to have lied. Okay, now let us look at the charge. The charge says seven (7) paragraphs contain lies. But only three (3) of the seven (7) tally with the three (3) of the four (4) that Gan had identified. This means there is one paragraph that does not tally. So, Gan has four, the charge says seven, and there is one where Gan and the prosecutor can’t agree whether is a lie or not.

The next step is to try to establish the truth. Only by establishing the truth can the lies be established. Since I was alleged to have lied, let us then seek the truth and only when we know the truth can it be proven whether I had lied or not.

But when Gan was asked about the truth he refused to reply to YB Gobind’s questions. He would just not reveal what was the truth. Each time he was asked a question he replied he does not know or does not know how to answer or does not know what to say.

How then does he know I had lied when he does not know what is the truth? Well, he came to the conclusion that I had lied because he had never stumbled across what I had written before. This means, if I were to write that female mosquitoes bite humans while male mosquitoes feed on fruits and not on blood, since he had never stumbled across this fact before, this means I must be lying. There are no two ways about it.

YB Gobind then goes through the article, paragraph by paragraph. He reads each paragraph and asks Gan where in that paragraph are the lies. Then it is discovered that Gan was not able to tell the court where the lies were. In short, what he initially thought to be lies were in fact not.

How did Gan then come to the conclusion they were lies when he made that police report, but when testifying on the stand he can’t stand by his allegation that I had lied? And remember, his police report said I had lied and that I had committed sedition because I had lied.

At this point, when it became clear that the prosecution’s case against me on the basis that I had committed a crime of sedition because I had lied appeared to be falling apart, the prosecutor stood up and told the court that the truth of the matter, or otherwise, is not important. Sedition has nothing to do with true or false. It would be seditious and therefore a crime even if I had told the truth.

But Gan’s police report and testimony were very clear. It was based on the fact that I was supposed to have lied. Now that the lie allegation can no longer stand, they want the court to forget about the lying part and focus on whether I did write what I was alleged to have written even if it is true. And even if it is true they still want the court to send me to jail.

To add insult to injury, the prosecution wants the court to ignore the four or seven paragraphs and whether one paragraph does not tally between the police report and the charge. The article, the court was told, has to be looked at in its entirety, not based on four paragraphs or seven paragraphs.

But the police report clearly marked four paragraphs. And it was these four paragraphs that constituted my so-called crime. The charge, on the other hand, marked seven paragraphs. And this was why I was on trial. Now they want the court to agree that all these paragraphs are no longer relevant and instead the article must be seen as a whole, minus the marked paragraphs.

Okay, the court was told, forget about whether I had lied or in fact had told the truth. Forget the police report. Forget even the charge. Let us just look at the article. Did I or did I not write that article? That is all that matters. And if I did then I must be sent to jail.

Fine, let us do just that. Let us forget about whether I had lied or in fact had told the truth. Let us forget the police report. Let us even forget the charge. Let us instead just look at the article. Did I or did I not write that article? That will be the focus.

The prosecution then adduced the article. This, according to the prosecution, was the article I was alleged to have written. And this article was downloaded from the website called Malaysia Today.

Then it was discovered that the article was NOT downloaded from Malaysia Today. It was in fact typed out. This means this was not the original evidence. It was created or fabricated and NOT downloaded from Malaysia Today. For all intents and purposes, I did not write that article. They, the prosecution, wrote that article. It is a copy. It is not an original article download from Malaysia Today.

When they realised that it was game over, they asked for a postponement so that they could amend the charge. The new charge, this time around, will have the real article downloaded from Malaysia Today.

Then they read out the new charge. But the new charge also had a fabricated article. It DID NOT have the original article downloaded from Malaysia Today. So, again, they were stuck. And at this point the court should have just acquitted me without the necessity of my defence having to be called because the charge was clearly defective and the evidence had been fabricated.

But they refused to give up. Instead, again, they applied for a postponement so that they can do a SECOND examination of the computer. They already did one examination but could not find any copy of that article. The article just did not exist. That is why they had to fabricate the evidence — because they could not find the evidence.

And why did they need to do a SECOND examination of my computer? So that they could prove that I had used the computer to update the website. This would be the evidence to prove I had published the article.

At this point they were asked how, in the first place, did they even know that the computer belongs to me? Well, because it was confiscated from my house. Am I living in that house alone? No! When they raided my house there were other people there as well. Then how do they know that I own that computer? They don’t, they just assume.

In fact, they confiscated TWO computers and one of them actually belongs to someone else and the files in it prove this. But when they confiscated the two computers they never asked me whether I owned those computers and I never said that I did. So who owns those two computers? The police do not know.

They then summoned an IT expert to testify. They wanted the IT expert to testify that the computers the police had confiscated were used to update Malaysia Today on the day the article was published. The IT expert, however, testified that the computers never accessed Malaysia Today on the day in question. In fact, many days before the alleged crime was committed, the computers they confiscated never accessed the Internet at all, let alone Malaysia Today.

So there goes their case against me. They confiscated two computers that they can’t prove belong to me. Even if the computers do belong to me, they were never used to publish the offending article. In fact, there is no copy of that article in the two computers so there is no evidence I had even written it in the first place. They can’t prove that I lied. They are no longer interested whether I lied or not because they can’t prove that I lied. So where do they go from there? And why are they still pursuing their case against me when they no longer have a case?

Not willing to admit that they no longer have a case, the prosecution told the court they still have many witnesses to call. Okay, they are supposed to tell the court before the trial starts who they are calling as witnesses. How many NEW witnesses are they calling and who are they? They don’t know yet. They are still figuring it out and will inform the court later once they have decided.

Yes, berani kerana benar, all these people say. If I am benar, then I must be berani to face the court. Hey, I did. I did just that; I faced the court. And I allowed them to build their case against me. I allowed them to get to the truth so that they can establish that I had committed the crime of lying and therefore I am seditious. But they failed to do so, each step of the way. And each time they failed they asked for a postponement so that they could go back to the drawing board and come out with new charges, new witnesses, new testimony, new evidence, new rules of the game, and whatnot. And, still, they failed to nail me.

But they refuse to allow it to end there. They refuse to acknowledge that they can’t get me in spite of bending the rules and moving the goalposts so many times halfway through the trial. This is no longer even a kangaroo court. They have set new standards for what a kangaroo court should look like.

Yes, berani kerana benar. I berani walk away from this sham trial and tell them to go to hell kerana benar. And I berani face the warrant of arrest they have issued for not turning up in court kerana benar. And I berani say to their faces: no more bullshit. And I berani tell them I refuse to allow them to detain me, yet again, under the Internal Security Act. And I berani do all this kerana I benar. And I will not lose any sleep over the matter just because Hafidz Baharom does not respect me and challenges me with berani kerana benar.

Quotes that illuminate the Perak impasse: Can the Agong after learning that several bn lawmakers have crossed over to the Pakatan Rakyat ask najib Altantuya to stand down?

KUALA LUMPUR, May 22 — What people say in the heat of the moment can sometimes be so deep, so cutting and so illuminating.

After the Court of Appeal unanimously overturned a High Court judgment and ruled that Datuk Zambry Abdul Kadir was the rightful mentri besar of Perak, both sides had much to say.

The Malaysian Insider examines some of the more colourful quotes.

• Lawyer Sulaiman Abdullah was stunned after hearing the unanimous decision. He offered this gem dripping with sarcasm: “We have extraordinary judges with extraordinary ability.”

It is a rare day anywhere when a losing party walks out of court with a pearly smile and magnanimity. In Malaysia, it is almost never heard of, no thanks to the cloud of suspicion which has hung over the judiciary since the sacking of the judges in 1988.

Judge-fixing, elevation of less competent judges, suspect judgments and the tawdry V. K. Lingam video clip affair have all combined to strip this important institution of the one ingredient it needs so badly to function – credibility.

So even before Justices Ab Rauf Shariff, Zainun Ali and Ahmad Maarop delivered their judgment today, the cynics already wrote off Nizar’s chances of getting a good hearing. The cynics argued that High Court Abdul Aziz Abdul Rahim’s decision in favour of Nizar was a one-off, an aberration.

How did we get to this point where public trust in institutions has reached abysmal levels? How did we get to the point where even the man on the street thinks nothing of mocking the “Hakim”?

Maybe we just had too many days like today.

The Court of Appeal today decided that when Nizar was granted an audience by the Sultan of Perak, he had lost the confidence of the majority of the assembly, and the Malay Ruler was spot on in asking him to step down.

The court added that there was no express provision for a vote of confidence to be taken in the state assembly. The Justices appeared to rely on a statement made by Justice Abdul Kadir Sulaiman in the Amir Kahar case (1995).

“The evidence that a chief minister ceases to command the confidence of the majority members of the Assembly … is not only available from the votes taken in the Assembly. There is nothing in the Constitution which can be construed as requiring that the test of confidence must be by a vote taken in the Assembly itself. That fact can be evidenced by other extraneous sources….”

This paragraph was relied on by the Justices to support their decision that there was no necessity to go to the assembly to test whether Nizar commanded the confidence of the majority of the assembly. In this instance, the Sultan acting on evidence by other extraneous sources, was right to reach the conclusion that Nizar had lost the confidence of the assembly.

The big problem with relying on this statement by Abdul Kadir Sulaiman is that it was a comment made in passing. It formed the obiter dicta in the case, or a remark by the judge which does not form part of the court’s decision. The obiter dicta are not the subject of the judicial decision.

Perhaps that is the reason why Sulaiman Abdullah noted that Malaysia has “extraordinary judges with extraordinary ability.”

• Pakatan Rakyat defector Jamaluddin Mohd Radzi said that his decision to back Barisan Nasional (BN) was justified. “They kicked me out, saying that I had resigned my seat. So I had to find a government that will support me,” said the Behrang assemblyman.

He urged the public to accept the court’s ruling. “If they respect the rule of law, then the government will definitely be stable,” said the lawmaker, who is eminently qualified to speak about the law and dispense advise.

He and his fellow defector Osman Jailu know a thing or two about the inside of a courtroom, having been charged with corruption last year. Jamaluddin has always tried to paint himself as the wronged party, the lawmaker who had little choice but to defect because he was on the verge of being kicked out.

The lawmaker who had lost confidence in Datuk Seri Nizar Jamaluddin because Nizar seemed to be under the thumb of the DAP.

But his disappearance for several days prior to the defection, his sheepish demeanour after resurfacing in Putrajaya and absence of remorse for deceiving his constituents exposed him for what he is – a politician driven by self-interest and little else.

His comment after the Court of Appeal decision (saying that he was vindicated by the ruling) only confirms that self-preservation was his only motivation for defecting.

• BN’s lawyer Datuk Hafarizam Harun was jubilant after the Court of Appeal decision, declaring: “the right to choose the mentri besar and prime minister is the ultimate right of the sultan.”

Wow! That is a powerful statement with serious consequences for a parliamentary democracy. So does the Yang Di-Pertuan Agong have the power to choose who should lead Malaysia?

Can the Agong after learning that several BN lawmakers have crossed over to the Pakatan Rakyat ask Prime Minister Datuk Seri Najib Razak to stand down?

Surely not.

Is Malaysia a constitutional monarchy or an absolute monarchy? The Court of Appeal’s decision today tilts Malaysia towards the latter, towards a return to more feudalistic days.

The decision vests the Malay Rulers more power than what is outlined in the Federal Constitution.

Several weeks ago, Tun Dr Mahathir Mohamad said: “I don’t think anyone wants a return to feudalism. Going back to feudalism will be a big mistake. The system we have has worked very well for us until the present case in Perak.” MI

Court rules in favour of zambry, another Malaysian shame

By Wong Choon Mei

In another unbelievable move, Malaysia’s Court of Appeal has decided in favour of Umno leader Zambry Kadir, overturning last week’s High Court ruling that Pakatan Rakyat’s Nizar Jamaluddin was the rightful Menteri Besar of Perak.

While shocking, the move was also widely anticipated given the political pressure piled by Prime Minister Najib Razak on the courts.

When the verdict was announced, there was complete silence in the courtroom as those present struggled to contain their anger at the bold-faced injustice unfolding before their eyes.

“I don’t think anyone in Malaysia has any doubts about what happened today and what was Najib’s role in it.  This will only prolong the crisis and further embarrass the nation,” said PKR strategic affairs director Tian Chua.

“Pakatan, like the rest of Malaysia is saddened and wearied, but we will never ever give up.”

Nizar has already said he will appeal any decision against him. According to Md Raus Sharif – who headed the three-man bench – the decision was unanimous and agreed to by his colleagues Zainun Ali and Ahmad Maarop. They also rejected an application for a stay of execution from Nizar.

“It is clear Nizar had ceased to command the confidence of the Perak state assembly. The Sultan was right to appoint Zambry,” Md Raus said.

On May 11, High Court judge Abdul Aziz Abdul Rahim had declared Nizar was the lawful chief minister at all material times and that Zambry, who was sworn in by the Perak Sultan on Feb 6, was never the legal menteri besar.

However, on May 12, Court of Appeal judge Ramly Mohd Ali scandalised the nation by granting in super-quick time a stay of the High Court ruling, sparking widespread public discontent about the quality of justice in the local legal system.

Najib’s self-made time-bomb

Northwestern Perak state plunged into crisis after Najib himself led a coup d’etat that toppled the popular Pakatan administration in February.

With the support of Sultan Azlan, Najib managed to get Zambry appointed as MB and Nizar sacked, even though the removal was unsanctioned by the legislative assembly, with no follow-through no-confidence vote tabled.

Left with no recourse, Nizar and the Pakatan embarked on a barrage of legal suits challenging the legitimacy of Zambry and his team.

Three months have passed and it is now obvious that not just Perakians, but Malaysians nationwide, want fresh election to resolve the crisis. However, a power-crazed Najib has chosen to hang on in Perak and has resorted to all ways and means – including the underhanded and the foul.

On May 7, Umno-BN assemblymen led by Zambry used brute physical force to eject V Sivakumar, the Speaker of the state assembly, from the legislative hall. The lawless scenes captured for posterity on video footage sparked a nationwide outcry.

But despite the uproar, the Perak Sultan has turned a deaf ear on the clamouring, disallowing his subjects from choosing their own leaders and forcing on them the line-up offered by Najib.

Said DAP adviser Lim Kit Siang: “All who packed into the Court of Appeal to hear its judgment could not believe that the whole shot-gun session was over in five minutes of delivery, not of a judgment, but findings of the Court of Appeal. There was no reasoned grounds of judgment but mere findings of the Court of Appeal in a unanimous 3-0 decision.”

‘Something will happen next week’ but it is actually quite sordid

In the past week, BN-controlled media have been hinting that the coalition was finally leaning towards fresh election as the political fallout became too obvious to ignore.

Even PAS vice president Husam Musa ventured to recount speculation that the Appeals Court would definitely rule in Umno-BN’s favour.

This was to allow Najib, the architect of the debacle, to save face so that when his once-mighty coalition finally announces fresh election, Perakians and Malaysians would greet them with euphoria and gratitude!

“I have heard these stories. But this is not just about public relations. It is actually about money. We all know how the Umno-BN digs from the state vaults and institutions. By being caretaker government in Perak, they get to go into snap election with all the advantages plus the backing of the federal apparatus,” said Ngeh Koo Ham, Perak DAP chairman.

“But by acting this way, the Umno-BN is only proving to the nation why they must be rejected, rejected and rejected yet again at the ballot box. How can anyone who loves the country twist the system like this? How can they drag our judiciary into such a bad light and bring so much shame to Malaysia.”

His emotions were echoed by other Pakatan leaders.

Said Gopeng MP Lee Boon Chye: “At this stage, these are just rumours spread by Umno-BN. We will continue with our plan, we will appeal until we exhaust all avenues and then we will go to the people. We just want to say to all Malaysians – Remember Perak, Remember Najib, Remember Umno-BN and Remember the Injustice.” SK

kangaroo court of appeal as expected declare zambry as MB

The appellate court today allowed an appeal by Barisan Nasional’s Zambry Abdul Kadir to reverse the Kuala Lumpur High Court in declaring rival Pakatan leader Mohammad Nizar Jamaluddin as the rightful menteri besar

Justice Md Raus Sharif, who is leading a three-member bench said this was a unanimous decision by the Court of Appeal. The other judges in the panel were Justice Zainun Ali and Ahmad Maarop.

Nizar, was represented by a team of eight lawyers led by Sulaiman Abdullah, while senior lawyer Cecil Abraham appeared for Zambry.

Attorney-General Abdul Gani Patail, who stood as an intervener, was also present. Lawyers Mohd Hafarizam Harun, Firoz Hussein Ahmad Jamaluddin and M Reza Hassan held a watching brief for BN.

On May 11, Kuala Lumpur High Court judge Justice Abdul Aziz Abd Rahim proclaimed Nizar as the rightful menteri besar. He ruled that the Sultan of Perak could not dismiss the menteri besar.

Commotion outside the court

Unhappy with the Court of Appeal’s decision, some 200 Pakatan Rakyat supporters have gathered outside the Palace of Justice in Putrajaya to vent their frustration.

MCPX

The crowd is chanting ‘Hidup Nizar’ and ‘Reformasi’ among other slogans under the watchful eyes of several policemen.

In an immediate reaction, DAP stalwart Lim Kit Siang warned that the court’s decision would only serve to fuel the anger of the people towards Prime Minister Najib Abdul Razak.

“The best solution (to end the crisis in Perak) is to hold a fresh elections,” he told reporters.

The Court of Appeal had earlier ruled that BN’s Zambry Abd Kadir was the legitimate Perak menteri besar.

Mkini

najib Altantuya: Abolish NEP or another half baked & flip-flop announcement?

On his maiden trip to Singapore yesterday, Prime Minister Najib Abdul Razak was on a charm offensive, touching on his plan to dismantle the National Economic Policy (NEP), a sore contention point in Malaysia’s race-relations.

MCPX

In an interview with Singapore’s Straits Times, Najib said that the ethnic quotas had damaged Malaysia’s competitiveness and ran counter to global trends.

He added that the long-term benefits of ending the scheme would outweigh the “pain”.

Launched in 1970, the NEP has remained one of the most divisive aspects of Malaysia’s multi-ethnic society. The affirmative action programme uniquely favours the Malay majority over the Chinese and Indian minorities.

Among the benefits, the NEP allows Malays to buy homes at a discount, privileged access to scholarships and higher education and employment in certain sectors.

Expect anger from Malays

Najib’s comments were made to reporters in Chinese-majority Singapore and analysts said his words might have been bolder than they would have been at home.

If Najib abandons the policy completely, the Straits Times said he is certain to expect anger from the Malay community, which provides the bulk of support for his ruling Umno party.

By contrast, his actions might prove attractive with Chinese and Indian voters, who largely support the opposition led by Anwar Ibrahim, and have long denounced ethnic quotas and advantages as racist, the Straits Times reported.

He framed his move in combative terms, describing himself as a “warlord” who would face down opposition from smaller chiefs in his party.

Since coming to power in March, Najib has surely and slightly altered the system by removing the 30 percent Bumiputera equity rule for firms in the 27 services sub-sectors.
M Krishnamoorthy, Mkini

Gathering-shy & paranoid police chief warns of arrest again

Peeved by the presence of some 50 people milling about outside his police station, the gathering-shy Brickfields police chief Wan Abdul Bari Wan Abdul Khalid once again grabbed the loud hailer and warned of arrest.

MCPX

Wan Abdul, who has been drawing flak from opposition politicians and civil society groups for his zero-tolerance for gatherings, gave three warnings.

He wanted everyone, including journalists and those arrested on May 7 for an illegal assembly, to disperse.

As he started a 1-10 countdown, five Light Strike Force personnel formed a human barricade in front of the police station. The crowd dispersed but regrouped later.

Some 20 lawyers and members of the public were also present to lend support to those detained, which included five lawyers.

Those detained were told to report back to the police station today.

However, Wan Abdul had registered surprise over their presence, saying the police had already informed one of their lawyers M Puravelan that no charges would be slapped against them and they need not come.

“What happened today should not have happened. The police have contacted the Bar Council. So I do not understand why they are here today,” he said.

Mixed reactions

Speaking to reporters later, lawyer N Surendran, who was representing the arrested lawyers, slammed the police chief over his actions.

“How can the police call this an illegal assembly when they are the ones who gave notice to those detained to come here today,” he said.

Another lawyer Latheefa Koya complained that the police were giving ‘mixed reactions’.

She said one police officer told her that her clients were free to go while another said those detained would be called back when the police are ready.

“I do not know what that means, but we are going to take it that it means that they are off the hook,” she added.

The five lawyers were arrested after attempting to provide legal assistance to the 15 who were nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who himself was detained under the Sedition Act.

The five are Fadiah Nadwa Fikri, Syuhaini Safwan, Ravinder Singh, Murnie Hidayah Anuar and Puspawati Rosman.

Rahmah Ghazali, Mkini

Dr Mansor promises to play it free and fair

PKR’s candidate for next week’s Penanti by-election in Penang, Mansor Othman promises to carry out a free, fair and clean campaign in accordance with the public aspiration.

He said he understood that the public expectation was high for a clean and non-intimidating electoral process due to the absence of Umno and Barisan Nasional from the contest.

He admitted that the public was now demanding PKR and Pakatan Rakyat to conduct an electoral campaign that would comply with all norms, virtues and ethical practices of a democratisation process.

“Pakatan has always upheld the concept of free and fair elections. The electorates expect us to practice and I tend to fulfil their wish,” the former academician-turned-politician he told Malaysiakini.

He also vowed not to indulge in smearing and character assassination campaign.

The seat fell vacant following the resignation of former Deputy Chief Minister 1 (DCM 1) Mohammad Fairus Khairuddin as its state representative on April 16. Polling is on May 31 while nomination is held tomorrow.

Umno, which had traditionally contested the constituency, has surprisingly passed over the contest this time, citing that it was not interested in being dragged into PKR’s internal politicking.

Mansor is now expected to face a bunch of independent candidates, including former Penang PKR women chief Aminah Abdullah and businessman Mohd Saberi Othman, believed to be an ex-aide of former premier Abdullah Ahmad Badawi.

Warning by watchdog

Local election watchdog Malaysians for Free and Fair Election (Mafrel) has called on all contesting parties in Penanti by-election to take part and conduct a peaceful, non-intimidating and cordial electoral campaign.

“The absence of Umno and BN from Penanti has provided a immense opportunity for competing candidates to conduct and take part in a free and fair election for the first time,” said Mafrel’s regional coordinator Ong Boon Keong.

Mafrel warned that it would file a complaint to the Election Commission if any candidate was found to have gone out of electoral norms.

Ong has expressed hope that Mansor would not be tempted to utilise the ruling Pakatan state government machinery for his campaign.

Mansor, the state PKR deputy chief, promised that he would not use any state government apparatus and contraption for his campaign, which would take off in full force after nominations tomorrow (Saturday).

When contacted, Aminah also expressed hopes to see a free and fair election and said she would follow the electoral rules in her campaign.

“I will conduct more door-to-door and poster campaign and avoid smearing others,” she told Malaysiakini.
Athi Veeranggan, Mkini

Pakatan on alert at Penanti, time to re-connect with voters

By Wong Choon Mei

Pakatan Rakyat will not be letting its guard down at the Penanti by-election although it may be a dry run for the popular coalition, especially with arch rival Umno withdrawing from the contest.

According to PKR strategic affairs director Tian Chua, the tiny electorate located in core Malay heartland was every bit as precious to his party as any large, urban or wealthy constituency in other parts of the nation.

Umno may not bother, but Pakatan will not neglect the Penanti people. In fact, without Umno, it means more time to go back to basics and re-touch base with the constituents, he added.

“Low-key or not, Pakatan treats this as a serious exercise to articulate our policies, future roadmap for Penang as well as engaging with voters to get their feedback,” Tian said in an interview with Suara Keadilan.

“Actually, without the razzle-dazzle, Pakatan won’t have to spend so much money on campaign materials. We can instead spend more time on the ground with the people.”

Voters should punish Umno for neglecting them

Penanti is located on mainland Penang. It boasts a picturesque expanse of padi fields, with rubber and palm oil plantations dotting the constituency.

Made up of little villages with a smattering of commercial activities, most of its residents are industrial workers and small businessmen.

It is also part of the Permatang Pauh parliamentary constituency, the stronghold of Anwar Ibrahim – the Opposition Leader and nemesis of the scandal-plagued Prime Minister Najib Razak.

Najib’s supporters have been forced to defend his decision not to contest as a wise move, but undeniably, his Umno-BN can only lose in that area.

Meanwhile, Pakatan has chosen former USM lecturer Mansor Othman as its candidate. Two independents – Aminah Abdullah and Mohd Saberi Othman – have expressed interest to contest.

There is widespread talk that Najib was backing either of the two so as to roil the Pakatan, while hiding himself from the political consequences of yet another by-election defeat.

“Of course, independents have no chance all together. But we cannot overlook the possibility of our supporters become apathetic as they might think there is no need to work so hard,” said Tian.

“I guess without an Umno candidate, what could happen is that its voters may not turn out in full force. Which would be a shame, because they should come out and show Najib what they think of his neglect by giving Pakatan their vote.”

A small but politically-savvy community

Tucked away in a quiet corner the electorate might be, but Penanti folk are a politically savvy lot.

Last year, they created a stir with complaints that they seldom saw former Penang deputy chief minister Fairus Khairuddin, who was then their assemblyman. He has since quit, paving the way for the contest.

“Mansor was nominated because he will be able to compensate for the neglect by Fairus, who was very busy with his multiple tasks,” said Tian.

“Mansor is also a leader who can unite the party in Penang as he has a very approachable personality. With his background as a working academic and past experience in the government, we are sure he will be a much better administrator.”

Tian also urged Penanti folk not to be shy and to make full use of the campaigning period to express their feedback. Nomination is on Saturday, May 23, while polling is on Sunday May 31.

“Yes, one year in government is sufficient time for voters to evaluate our programs. It is not a one-way thing where we will just present our achievements so far. Rather, it will also enable us to assess our progress so that we can refine our strategic plans in areas where there are shortcomings.”

He added that the Pakatan’s platform in Penanti will continue to be based on issues that affect the nation.

“Despite the non-participation of Umno-BN, issue of their corruption, abuses of power, especially in illegal takeover in Perak are still of utmost concern to voters at this stage. In fact, everyone is concerned and wants to know what will happen next in this country.

“So these will remain the central issues that we will try to sort out for voters. Our by-election campaign cannot escape without discussing these, the people themselves will raise the questions!,” Tian said.

SK

Brickfield ocpd went berserk acting on his whim & fancy: Brickfields police chief an embarrassing disgrace

I have lived in Malaysia all my life until eight years ago when I decided to leave the country for a better future overseas. I still loved my motherland very much when I left in August 2001. However, having seen some news from various sources on the Internet, Malaysia seems to be falling apart. I am very, very upset. What in the world has happened to my country?

Puzzled by all these ridiculous, unbelievable and sometimes outrageous news, I decided to write to the press. This knowing the fact that, if I were to write anything ‘politically sensitive’, I might be jailed without question or even beaten up by whoever that would come into my cell.

I honestly have no idea where to start. Increasing robberies, outrageous rape cases, unreliable police officers, political unrest – you name it, you will find it in Malaysia. This is not the Malaysia I lived in just a short eight years ago.

Malaysia needs to reform or revamp or whatever you call it. But start from the top and especially the police. The entire police force needs to be revamp immediately. It is a most undisciplined and corrupt police force. They can’t even control they own personnel.

What made me fume was this video. It was taken at Brickfields police station. This is in relation to the arrest of a political figure. There were less than 20 people in front of the police station staging a peaceful protest. When I say ‘protest’, I mean they were sitting on the ground, lighting candles!

I repeat, sitting in front of the police station with candles! How ‘violent’ is that?? They made no noise, they threw no glass bottles, they held no weapons. The next thing you see is the so-called district police chief walking out shouting like there is no tomorrow asking his boys to arrest everyone.

Is this a quality of a good leadership? Not convinced? Watch the video again. All I can see is a well-fed police officer with a small-man-syndrome, trying to show his authority. From an outsider’s point of view, he was acting like a kid losing his temper, embarrassing himself and the rest of his troops.

To make things worse, he also refused to let lawyers into the police department and eventually arrested all the lawyers outside for a so-called ‘unlawful gathering’.

The last time I remember, Malaysia was a democratic country. But this district police chief has shown how un-democratic we are now. Having said that, this man who screamed his head off probably had no training.

Leadership? He might have caught a few thieves and cracked a few big cases maybe with some luck but he has no leadership quality at all whatsoever.

Honestly, I don’t have any political leanings at all. I just want a peaceful, livable country. But Malaysia is definitely not one of them. With the increasing crime rate, bribery and political unrest, how do you expect foreign countries to invest their big money into the country?

Alright, let’s not compare Malaysia with any major foreign country. Just take Singapore and South Korea for example. Look at the discipline of the police forces there.

If you put them together, the Malaysian police force doesn’t look far different from being unprofessional.

Stray dogs being dumped on an island! Accidents with an increasing death toll! Snatch thefts with fatalities! Stolen cars found in Singapore! Broad daylight robbery!

If my friend asks me how safe it is to travel alone to Malaysia, I will definitely say go elsewhere. You find much better food in China, you find better beaches in Thailand and you find better shopping in Singapore.

So why do you want to go to Malaysia?

Kenny Wolfgang, Mkini