Thursday, September 10, 2009

Wednesday, September 9, 2009

Speaker vs Speaker: Judge slapping his own face? - Malaysiakini

By Kim Quek Sep 9, 09 4:55pm

A tragic yet hilarious court proceeding took place in the Ipoh High Court on Sept 8 when the judge blatantly contradicted himself in dismissing a suit brought by Perak's Pakatan Rakyat speaker against the state's Barisan Nasional speaker (yes, two speakers in the Perak assembly).

Judge Azahar Mohamed rejected V Sivakumar's suit to seek damages from R Ganesan for assault and false imprisonment during the chaotic and violent state assembly sitting on May 7.

He said the court had no jurisdiction to hear the case due to Federal Constitution Article 72 stipulating that "the validity of any proceeding in any state assembly cannot be questioned in any court".

And yet in the same breath he declared that "the decision of the legislative assembly to remove the plaintiff as speaker and to appoint the defendant was conclusive and had been fairly determined by the state assembly on May 7, 2009."

Now, the crux of the entire contention between the two speakers is: Who is on the right side of law in the violent tussle for the speaker's chair on May 7?

By declaring Ganesan as the rightful speaker, Judge Azahar is in fact making a legal judgment. Is that not a breach of Article 72? How come he has no jurisdiction to hear Sivakumar's grievances but has jurisdiction to judge Ganesan as legal speaker?

Is that not a contradiction of the highest order?

Apart from this atrocious double standard applied by the judge, the main flaw of the judgment is the inability to differentiate between assembly proceeding and criminal behaviour.

What Sivakumar is seeking is redress for the unlawful physical violence inflicted on him. And Article 72 covers only businesses conducted in the assembly - not unlawful and criminal act.

Judge Azahar has therefore wrongly used Article 72 to come to his judgment. To make it very clear that this is the case, I will quote in full the relevant clauses in Article 72 (Clauses 1 & 2) and explain the reasons why.

* Clause 1: The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

* Clause 2: No body shall be liable to any proceedings in any court in respect of anything said or vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

Note the operative words "proceedings" in Clause 1 and "anything said or any vote given" in Clause 2. It is abundantly clear what Article 72 refers to are the speeches and resolutions made in the assembly, not any criminal or unlawful act.

Tragedy and comedy

But what happened on May 7 was complete pandemonium and chaos in the assembly hall. There was no chance to conduct any business at all, least of all any resolution passed. In fact, the only business done on that day was the address by the Perak Regent Raja Nazrin Shah.

And how was Sivakumar "replaced" by Ganesan during that pandemonium?

While Sivakumar was sitting in the speaker's chair, hordes of police personnel entered the assembly hall, allegedly on Ganesan's order, and physically lifted, carried, dragged and moved speaker Sivakumar into a room where he was forcibly detained until the assembly sitting was over.

And as soon as Sivakumar was removed from the hall, police personnel escorted Ganesan into the hall and ushered him to the speakers chair, with police personnel making a line to stand guard in front of Ganesan to prevent any assemblymen from reaching the speaker's chair.

The entire tragedy-comedy was stage-managed by the police, and it is therefore more appropriate to say that while Sivakumar was elected by the assembly through a resolution, Ganesan was physically planted into the speaker's chair by the police. And that about sums up what happened on that tragic-hilarious day.

And since Judge Azahar appears to be so respectful of the constitutional principle of separation of power as demonstrated by his professed adherence to Article 72, is it not puzzling that he should have chosen to ignore completely the heinous violation of the doctrine of separation of power when hordes of police personnel invaded the assembly to physically replace one speaker with another?

Is it not another shining example of double standard in the Malaysia Boleh tradition?

After the series of judicial decisions that appear to wantonly trample the constitution and the law following the shameful power grab in Perak, the latest low represented by Azahar's decision makes us wonder how much lower our judiciary can sink into, as many more judicial decisions in the same series are still pending.

Friday, September 4, 2009

EC acted beyond powers in not holding polls in Perak, court told

Sept 4, 2009

KUALA LUMPUR: The Election Commission (EC) acted beyond its powers and functions in not holding by-elections for three state seats in Perak, the High Court here was told Friday.

Counsel Datuk S. Ambiga said the EC's decision in holding that the state assembly seats of Behrang, Changkat Jering and Jelapang were not vacated as a result of the resignation of the three assemblymen, as determined by the then speaker of the state assembly V. Sivakumar, was illegal and irrational.

"The fourth respondent (the EC) had usurped the powers and right of the speaker (Sivakumar) to determine that a resignation had taken place," argued Ambiga before Justice Lau Bee Lan in her chambers.

Ambiga, former president of the Bar Council, was representing Sivakumar in his leave application for a judicial review to compel the EC to declare the three seats vacant and hold by-elections.

In his application, Sivakumar had named state assemblymen Jamaluddin Mohd Radzi (Behrang), Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang), and the EC as respondents.

Ambiga, in her submission, also contended that the EC, by its letter to Sivakumar dated Feb 5, 2009, had stated that it was unable to ascertain whether the three seats had been vacated and, therefore, could not call for by-elections.

"Having determined that it could not ascertain that a vacancy had occurred, the EC had contrarily made a decision that the three seats were still held by the first to third respondents," she said.

Sivakumar, 38, is seeking a court order to quash the EC's decision and to compel the EC to hold by-elections in the Behrang, Changkat Jering and Jelapang state constituencies.

He also wants the court to grant an injunction to stop Jamaluddin, Mohd Osman and Hee from acting as and carrying out the functions and duties of assemblymen of the respective state seats.

He is also seeking a writ of "quo warranto" to compel the trio to show under what basis or authority they still remained the elected representatives of their constituencies and carried out the responsibilities, functions and duties of an assemblyman.

The court fixed Sept 9 to hear the reply from the EC, represented by Senior Federal Counsel Datuk Kamaludin Md Said. - Bernama

Sunday, August 30, 2009

Nizar: Sidang DUN Perak tetap diadakan Rabu ini 3 Sept 2009 - MStar

30 Ogos 2009 Oleh G. MANIMARAN

PETALING JAYA: Sidang Dewan Undangan Negeri (DUN) Perak akan tetap diadakan Rabu ini walaupun disifatkan sebagai tidak sah oleh Speaker diiktiraf Barisan Nasional (BN), kata bekas Menteri Besar, Datuk Seri Ir. Mohammad Nizar Jamaluddin.

"Sidang DUN Perak akan diadakan seperti yang telah ditetapkan dan sebagaimana notis yang telah dikeluarkan sebelum ini," kata beliau ketika dihubungi sebentar tadi.

Jelas Nizar, sidang DUN akan tetap diteruskan sebagimana telah dimaklumkan oleh V. Sivakumar "selaku Speaker yang sah" dalam notisnya.

"Sivakumar merupakan Speaker yang sah. (Datuk) Ganesan bukan Speaker," kata beliau yang juga Ahli Parlimen Bukit Gantang dan ADUN Pasir Panjang.

Oleh itu kata Nizar, Ganesan tidak boleh menghalang mana-mana ADUN daripada menghadiri sidang kali ini.

Ketika ditanya kemungkinan akan ada usaha menghalang sidang yang dimaksudkan itu sebagaimana pernah disaksikan 3 Mac lalu, Nizar memberitahu, usaha sedang diambil oleh Sivakumar untuk mengelakkan suasana sedemikian.

"YB Sivakumar sudah memohon kepada mahkamah agar dikeluarkan satu perintah bagi menghalang mana-mana pihak eksekutif daripada mengadakan halangan," katanya.

Permohonan itu telah dibuat baru-baru ini dan diharap keputusan akan diperoleh Selasa ini, katanya lagi.

Semalam, Datuk R. Ganesan, Speaker yang diiktitaf Barisan Nasional (BN) berkata, semua Ahli Dewan Undangan Negeri (ADUN) Perak tidak perlu menghadiri persidangan dewan yang dipanggil pada Rabu ini kerana arahan yang dikeluarkan adalah daripada sumber tidak sah.

Ganesan menegaskan, tindakan Sivakumar yang juga ADUN Tronoh memanggil sidang itu adalah pelik kerana beliau bukan lagi Speaker.

Menurut Nizar, notis untuk mengadakan sidang DUN perlu dikeluarkan 14 hari sebelum persidangan dan ia "telah diterima lebih awal daripada itu."

Pada Mei lalu, Sivakumar mengeluarkan notis sidang DUN tergempar 11 hari lebih awal sebagaimana sah diperuntukkan undang-undang, Perintah Tetap Dewan Negeri (PT)8(1).

Bagaimanapun ia dihalang dan terpaksa mengadakan sidang di bawah pokok berhampiran DUN.

Saturday, August 29, 2009

Utusan Malaysia - Mengapa Senyap dengan demo Kepala Lembu???? - Malaysiakini

Aug 29, 2009

Opposition stalwart Lim Kit Siang is asking why the Umno-owned Malay daily Utusan Malaysia is silent on yesterday's controversial 'cow head' protest.

"If such an ultimate act of religious insensitivity, insult and offence had been committed against Islam, Utusan Malaysia would have gone to town.

"Not only with full front-page coverage and denunciation, probably half the newspaper today would be devoted to it. Why the thundering silence?" he said in a statement.

In the past, Utusan Malaysia has come under fire numerous times for carrying articles with a racial slant.

The protest in Shah Alam yesterday was carried out by residents of Section 23 who were upset over the proposal to relocate a Hindu temple to their area.

Meanwhile, Lim said all patriotic Malaysians of goodwill and reason must condemn in the strongest possible terms the cow head sacrilege.

"In other multi-religious societies, such an ultimate act of religious insensitivity, insult and offence to one of the major religions in the country would have led to mayhem, riots and loss of lives.

"This bespeaks of the high degree of maturity, mutual tolerance, goodwill and co-existence that cool heads had prevailed in the response to such a deplorable act of sacrilege," he added.

Lim said in a multi-religious society, the act of sacrilege to one religion must be regarded as an act of sacrilege to all other religions and the entire nation.

He added that the incident should serve as an overarching consensus of all political parties, mass media, NGOs and Malaysians if we cherish and love this nation.

Police rapped for slow response

The DAP leader also commended Prime Minister Najib Abdul Razak for his quick response in ordering the Inspector-General of Police Musa Hassan to take swift action against those responsible.

"But why was the police so slow in its response to such a public act of religious sacrilege, when tardiness in dealing with 'national security threats' had never been a weakness of the Royal Malaysian Police Force?

"Police intelligence cannot be so obsolete that it is not aware of the act of sacrilege being planned and executed, when the organisers had taken pains to ensure that their protest would get the maximum mass media coverage – reported, photographed and videoed," he said.

With two days to go before Aug 31, Lim said: "The sacrilege must serve as an ominous warning that Najib's first national day celebration as prime minister will go down as a 'Black National Day' if the genie of racism and religious chicanery are allowed to get out of the bottle."

"In plural Malaysia there is not just one genie but many genies threatening to tear apart the multi-racial, multi-religious, multi-lingual and multi-cultural fabric of Malaysia," he added.

Temple demo: Residents march with cow's head - Malaysiakini

By Andrew Ong Aug 28, 09 3:52pm

Some 50 residents enraged with the proposed relocation of a Hindu temple to their area staged a noisy protest with a severed cow's head this afternoon.

The residents - from Section 23 in Shah Alam - who gathered after the Friday prayers, placed the head outside the gates of the state secretariat building for a short period before removing it.

"Where is Xavier? This head is for him," shouted one of the protesters in reference to Selangor executive councillor Dr Xavier Jeyakumar.

Jeyakumar is one of those in charge of non-Muslim affairs in the state.

Earlier, the protesters had marched some 300m from the state mosque to the state secretariat building.

The protesters also condemned Menteri Besar Khalid Ibrahim, exco member Rodziah Ismail (as the area falls under her state constituency) and Shah Alam MP Khalid Samad.

Before dispersing, several protesters spat and stomped on the cow's head. The cow is considered sacred among Hindus.

Addressing the crowd, Section 23 action committee deputy chair Ibrahim Sabri said: "If there is blood, you (the state government) will be responsible if you are adamant about building the temple."

"This is a warning. Relocate the temple to Section 22. This cow is a present to the state government. This is a gift from us," he added.

The protesters also carried several banners which among others read 'Take Beer' (mocking PAS' rallying cry of 'Takbir') and 'Illegal temples are very small, but once relocated, they are as big as Putrajaya'.

The crowd gathered for about 15 minutes at the main entrance of the state secretariat building under the watch of more than a dozen police personnel.

'We'll not budge an inch'

Speaking to reporters later, Action Committee chair Mahyuddin Manaf warned that the state government must give in or the residents would retaliate.

"We will not budge one inch, even if lives are lost or blood is made to flow. We will still defend Section 23 from having a temple built there," he said.

He added that a protest memorandum was forwarded to the state government two months ago but there has been no response.

Contacted later, Mahyuddin distanced his organisation from the act of bringing the cow head to the protest.

"It is not our intention. We were surprised," he said, denying that the act was intended to insult Hindus.

He said that the cow head was likely brought by angry residents.

"Maybe, they meant it (as a symbol of) stupidity. In Malay culture, the cow is a symbol of stupidity, or leaders that are stupid," he said.

On Aug 11, the state government announced that the relocation of the temple from Section 19 to Section 23 was final and will be situated 200m from the nearest house and 400m from a surau.

The temple will face an industrial lot and will be separated from the houses by a playground and a multi-purpose hall.

However, some residents felt that it was not appropriate to build a temple in a Muslim-majority area.

The Pakatan Rakyat state government accused rivals Umno of instigating the crowd to protest the relocation.

Jeyakumar to lodge police report

In an immediate reaction, a furious Jeyakumar described the protest as "unwarranted, unacceptable and without sensitivity towards other religions."

He also said that he will lodge a police report on the matter soon.

"These people should have ethics. They are inciting racial and religious hatred. I am going to lodge a police report against these people," he told Malaysiakini.

He also expressed disappointment towards the police personnel at the scene for not taking any action against the protesters.

"The police didn't stop anybody. The police should have arrested them and charged them for inciting hatred," he said, adding that he could tolerate with "ethical" demonstrations.

Jeyakumar is slated to meet Selangor police chief Khalid Abu Bakar and other police officers over the matter tomorrow.

Friday, August 28, 2009

MACC should produce proof that Teoh Beng Hock had received RM112 “kickback”

Aug 27, 2009 By Lim Kit Siang

MACC should produce proof that Teoh Beng Hock had received RM112 “kickback” or it should withdraw and apologise for the allegation defaming the dead

Malaysian Anti-Corruption Commission (MACC) bias and prejudice towards DAP and Pakatan rakyat must be deplored in the strongest possible terms.

The most recent evidence of such bias and prejudice was evident from the testimony of MACC investigator DSP Mohd Anuar Ismail at the Teoh Beng Hock inquest yesterday.

Although the coroner Azmil Muntapha Abas had ordered Anuar’s unfair and prejudicial testimony yesterday to be expunged, the damage had been done.

The Star online for instance carried the report with the heading “Officer claims Teoh was on the take” which is still accessible just minutes ago. The Sun headline today is: ”Testimony on alleged kickbacks expunged”.

Yes, the details of Anuar’s allegations have been alleged but the allegation proper remains, viz: Teoh was corrupt and guilty of “kickbacks”!

In alleging that Beng Hock was “on the take” and had received “kickbacks” MACC had not only defamed the dead but posthumously elevated Teoh’s role from being a witness to a suspect or even a person accused of corruption!

And what is the amount of this corruption money which Teoh is alleged to have received as kickback? An incredible and ridiculous sum of RM112!

MACC is not interested in the RM24 million Istana Khir Toyo or RM12.5 billion Port Klang Free Zone (PKFZ) scandals, but for an alleged RM112 “kickback”, MACC officers are prepared to work through the night and go without sleep.

No wonder public confidence in the efficiency, independence, integrity and professionalism of the MACC is plumbing new depths!

Has the MACC any incontrovertible evidence that Beng Hock was corrupt, being “on the take” and had received RM112 “kickback”?

If so, I challenge MACC to produce them, and if not, MACC should withdraw the RM112 allegation and publicly apologise for defaming the dead, and Anuar should be suspended from office immediately.

Anuar is not interested in helping to find out the truth about the causes and circumstances of Teoh’s mysterious death at the MACC headquarters on July 16 but to add one smear after another defamation on Teoh and Pakatan Rakyat in the MACC war against Pakatan Rakyat, betraying MACC’s statutory objective which was to declare war on corruption!

This is why Malaysians want a Royal Commission of Inquiry as they have so little confidence in an inquest to uncover the actual causes and circumstances of Teoh’s mysterious death at the MACC headquarters.

It is also clear from Anuar’s expunged testimony that the materials he depended upon are very similar to those which appeared on the black blog,, which carried postings of lies and falsehoods about MACC investigations and Teoh’s death, all with one purpose to accuse someone from DAP as having murdered Teoh.

I call on the MACC Chief Commissioner, Datuk Seri Ahmad Said Hamdan to clarify whether MACC has ventured into the blogosphere in its war against Pakatan Rakyat and state categorically whether MACC has anything to do with this black blog of lies and falsehoods, whether!

If he does not know, has he caused a full investigation to be conducted whether MACC officers are implicated in this black blog?

Today’s press reported the statement by the Selangor Chief Police Officer Datuk Khalid Abu Bakar that the molotov cocktail attack on a MACC vehicle in Klang last week was not related to Teoh’s death.

Last Thursday, the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz was very quick in making the insinuation that someone from DAP was implicated in the Molotov cocktail attack, saying that it gave some basis to the allegation by Wangsa Maju MP Wee Choo Keong that some DAP representatives had links to the underworld.

With the statement by Selangor CPO, Nazri should withdraw and apologise for his uncalled-for insinuation against the DAP for being implicated in the Molotov attack on the MACC vehicle in Klang.

Wednesday, August 26, 2009

Dr M: Muhyiddin told the truth, but not whole truth - Malaysian Insider

KUALA LUMPUR, Aug 26 - Former prime minister Tun Dr Mahathir Mohamad has admitted that he had persuaded Tan Sri Muhyiddin Yassin to supply water to Singapore when the latter was the Johor menteri besar.

"Tan Sri Muhyiddin spoke the truth about my persuading him to supply water to Singapore but Lee Kuan Yew did not threaten to go to war if we did not supply water. If he had done that, I think I would have stopped any further supply," Dr Mahathir said in an article posted in his blog today.

Dr Mahathir was commenting on Muhyiddin's statement on Aug 19 that he (Dr Mahathir) had summoned him to attend a meeting with the visiting Singapore prime minister then, Lee Kuan Yew, over gas pipeline and water supply issues in Kuala Lumpur.

Muhyiddin had said that during the meeting between Dr Mahathir, the then finance minister Tun Daim Zainuddin, Lee and himself, Lee had pressed for adequate water supply to the republic from Johor.

"Lee said Singapore was ready to go to war if Malaysia did not want to supply enough water and expressed his regret over the stalled water supply project from Sungai Lingu. I said we did not have the money and Lee said Singapore was willing to bear the cost and, when completed, the assets will be owned by Malaysia, so Singapore had merely footed the bill," said Muhyiddin.

Muhyiddin said this at a ceramah in Tanjung Putus, Bukit Mertajam, during the campaign in the Permatang Pasir state by-election to clarify allegations by the opposition that he (Muhyiddin) had sold a piece of land to Singapore in connection with the water treatment plant in Sungai Lingu, Bandar Tenggara, Johor.

Dr Mahathir said in his article he did not know about the sale of land to Singapore but as it was agreed that a treatment plant be built by Singapore in Johor, land would have to be made available.

"We were at that time trying to be friendly with Singapore in order to solve several problems. Although raw water would be supplied at 3 sen per 1,000 gallons, the understanding was that in future only treated water would be supplied when our treatment plants would be ready.

"We would also not buy any more treated water from Singapore at 50 sen per thousand gallons when our new treatment plant in Johor is ready.

"When we no longer needed to buy treated water from Singapore we could raise the price of raw water to Singapore without Singapore being able to raise the price of treated water to us.

"However, when we concluded the water supply agreement, Singapore raised a lot of issues regarding our railway land, the CIQ (Customs, Immigration and Quarantine) at Tanjong Pagar, training flights by Singapore warplanes over Malaysia and the Central Provident Fund.

"At that stage, I realised that being friendly with Singapore did not pay," Dr Mahathir added. - Bernama

Mahkamah putus Dr Hatta tidak bersalah, polis diarah bayar gantirugi

Oleh Nazri Abdullah
Wed | Aug 26, 09 | 10:55:14 am MYT

KEMASKINI: KUANTAN, 26 Ogos: Mahkamah Tinggi Kuantan hari ini mengesahkan tangkapan terhadap Bendahari PAS, Dr. Hatta Ramli bersama dua lagi ahli PAS sewaktu berceramah di premis persendirian pada tahun 2000 adalah tidak sah dan melanggar perlembagaan.

Pesuruhjaya kehakiman Datuk Mariana Haji Yahya dalam keputusannya pagi tadi meminta gantirugi ditaksirkan kepada ketiga tiga mereka dihadapan pendaftar mahkamah dalam masa terdekat.

Hakim pada penghakimannya juga memberitahu, perhimpunan pada ceramah terbabit adalah aman dan tindakan polis menyerbu dan membuat tangkapan adalah satu pencerobohan dan telah mengakibatkan kekecohan.

Pada sidang media siang tadi, Hatta memberitahu keputusan mahkamah dalam kesnya itu memberikan implikasi besar kepada semua pertubuhan khasnya parti politik bahawa sebarang bentuk himpunan di premis persendirian adalah dibolehkan dan tidak memerlukan permit.

Ianya juga memberi peringatan kepada pihak polis supaya tidak lagi bertindak sesuka hati menangkap mereka yang berhimpun dalam kawasan premis persendirian.

"Kes ini menjadi land mark (mercu tanda) dalam kes sivil dan memberi dorongan kepada petugas petugas PAS dan parti bahawa di mana mana premis kita, kita boleh buat ceramah dan tidak perlu sebarang permit dengan syarat ianya tidak mengancam keselamatan Negara," ujarnya pada sidang media di pejabat agung PAS siang tadi.

Pada 10 Jun 2004, Sepasukan anggota polis diketuai Ketua Polis Daerah Rompin, Hanafi B. Haji Daud telah bertindak menangakap Hatta dan dua lagi rakannya semasa mengadakan ceramah di Markas Pas Bandar Muadzam Shah kerana mendakwa ceramah berkenaan tiada permit.

Ekoran penangkapan itu, ketiga tiga mereka telah dibawa ke lokap Bandar Muadzam Shah sebelum dipindahkan ke lokap Rompin dan ditahan selama 12 jam.

Biarpun ditahan namun tiada sebarang pendakwaan dikenakan terhadap mereka. Image

Mereka yang diwakili peguam Hanipa Maidin dan peguam Fadhli Ramli kemudiannya telah mengemukakan saman terhadap Ketua Polis Daerah Rompin berkenaan.

Jumlah gantirugi bagaimanapun belum dipastikan, Namun ianya akan dibuat dengan mengambil kira penahanan mereka selama 12 hari dan gantirugi- gantirugi lain.

"Polis ni kadang kadang kita bagi penjelasan pun dia tak mahu dengar. Heret kasar, tarik tanpa kasut, gari tak benar pakai baju dalam lokap aibkan orang. Kita tak boleh biarkan semua ni berlaku atas benda yang belum tentu melanggar undang undang. Jadi polis perlu ambil pengajaran," ujar Hatta lagi.

Hanipa yang hadir sama pada sidang media tersebut memberitahu, beberapa kes pendakwaan seumpanya yang melibatkan petugas dan pemimpin PAS tidak pernah kalah.

Antaranya kes Pendakwaraya melawan Timbalan Pesuruhjaya PAS Johor, Dr. Dzulkifli Ahmad dan kes membabitkan ajk PAS, Mohamad Sabu pada ceramahnya di Kuala Kelawang beberpa tahun lalu..

Hakim bagi kedua dua kes tersebut juga memutuskan perkara sama iaitu tidak salah mengadakan himpunan atau ceramah di premis persendirian.

"Setakat ni kes melibatkan petugas dan pemimpin PAS yang didakwa melanggar perkara 27 akta polis semua kita menang. Saya harap polis tak kacau lagi lepas ni, tapi kalu dia kacau lagi pun bagusla, kita boleh kaya sikit," ujar Hanipa berseloroh

Ean Yong denies kickback claims - Malaysiakini

Andrew Ong Aug 26, 09 6:43pm

Selangor exco member Ean Yong Hian Wah has strongly denied allegations that his deceased aide, Teoh Beng Hock, was involved in any kickback scams as claimed by a Malaysian Anti-Corruption Commission (MACC) officer today.

He said claims of taking commissions from several companies were false and funds received by those implicated - Teoh, DAP national headquarters, Serdang Aman and Sungai Long party branches - were legitimate.

"We have all the receipts to prove it," Ean Yong told reporters today at the State Secretariat building in Shah Alam.

Ean Yong said he was unable to furnish proof at this juncture because he was at Teoh's inquest this morning. However, he has promised to hold another press conference soon to clear the air.

Ean Yong was responding to MACC officer Mohd Anuar Ismail's allegations (mentioned this morning at the inquest) that the four parties had received commissions from certain companies.

The testimony was later expunged from the records by Magistrate Azmil Muntapha Abas, who is acting as coroner in the inquest, on grounds that the evidence was beyond the scope of the proceedings.

Reimbursements, not kickbacks

Questioned by MACC's counsel Abdul Razak Musa, Mohd Anuar detailed his findings based on his investigations on allegations that Selangor state reps had misappropriated state allocations for each state constituency.

Mohd Anuar who interrogated Teoh until 3.45 in the morning claimed that the deceased and his party DAP had been pocketing commissions from several companies that were granted small state projects.

Giving an example, Mohd Anuar claimed there were financial improprieties in a function organised to show support for Teresa Kok (right) who was at that time detained under the Internal Security Act.

Asked about Teoh's alleged kickback, Ean Yong vehemently denied the allegation, adding that the deceased was only claiming the cost for the banners that were printed for the function organised by the company.

He said that the money given to Serdang Aman DAP was also another case of reimbursement. In both instances, he said there are receipts to prove the innocence of both parties.

MACC-blog owner collusion?

Ean Yong also distributed copies of four invoices to reporters, referred in Mohd Anuar's testimony as invoices for non-existent projects.

He attached photographs to show that the projects were indeed completed and questioned the MACC's ability to gather proper information and assessed evidence.

"These documents and pictures are available at the land office. Why did they imply that some criminal act was involved? Is this a move to tarnish the DAP and Pakatan Rakyat?" asked Ean Yong.

He pointed out that the four invoices tendered at the inquest by Mohd Anuar were unsigned copies, said to be extracted from Teoh's laptop computer.

"They said these invoices were obtained from Teoh's laptop. The problem is, how did the 'black blog' obtain a copy?" asked Ean Yong, who stopped short of accusing the MACC of colluding with the blog.

Ean Yong was referring to the "Truth For Beng Hock" blog or commonly known as the 'black blog' among DAP circles, which has made a series of allegations that he and his exco colleague, Ronnie Liu, had a hand in Teoh's death.

The anonymous blog had also posted a series of confidential documents, including the accounts for the RM500,000 annual state allocation for each constituency.

Ean Yong and Liu (right) have both lodged police reports against the blog.

Allegations of Teoh and DAP branches receiving kickbacks were also published on the same blog several weeks ago.

Asked if legal action would be taken against Mohd Anuar and the MACC for the damaging allegations made at the inquest, Ean Yong said he would have to consult with his lawyers first.

Tuesday, August 25, 2009

PAS wins Permatang Pasir - Malaysiakini

Aug 25, 09 6:34pm

PAS has won the Permatang Pasir state seat by-election in Penang today with a majority of 4,662 votes.

The majority however had decreased by more than 700 votes since the last general election which saw the party winning by 5,433 votes.

The Islamic party claimed that its 52-year-old candidate Mohd Salleh polled 9,712 votes while BN's Mohd Rohaizat Othman, 38, garnered 5,050.

Voter turnout had also decreased this time around which the Election Commission chief Abdul Aziz Yusof blamed on the A(H1N1) outbreak.

The by-election in the heart of Anwar Ibrahim's parliamentary stronghold of Permatang Pauh was held following the death of PAS state assemblyperson Mohd Hamdan Abd Rahman on July 31.

The EC is expected to announce the official result at 8pm.

This is the eighth by-election since the March 8 polls last year.

With this victory, Pakatan Rakyat has taken seven with BN only emerging victorious in Sarawak's Batang Ai contest.

More details at:

Mystery letter rejected as ‘case exhibit’ for now - Malaysian Insider

By Debra Chong and Shazwan Mustafa Kamal

SHAH ALAM, Aug 24 — The explosive mystery letter, said to be written by anti-graft officers and which led to a sudden halt in the ongoing inquest on DAP political secretary Teoh Beng Hock’s death last week, hit a brick wall today when it failed to be marked as a “case exhibit”.

Picture courtesy of Malaysiakini

The Malaysian Anti-Corruption Commission’s (MACC) director of legal affairs, Datuk Abdul Razak Musa, had stood up at the start of today’s inquest and asked magistrate, Azmil Muntapha Abas who is acting as coroner, to throw out the letter.

Abdul Razak, who is holding a watching brief for the national anti-graft body, pointed out that the letter did not carry any names but made many claims which could not be conclusively proven to be true.

He added that the court should not be influenced by such claims.

Abdul Razak had earlier advised the coroner to ignore the letter for the time being. He noted that the inquest should continue unhampered by unproven allegations.

But he stepped up his calls for the letter to be retracted when lawyers for Teoh’s family and the Selangor government pushed for the letter to be marked and recorded as a key item in discovering how the 30-year-old really died.

“There is no provision under the law to enter a document such as this. We cannot open the floodgates,” Abdul Razak stressed.

He noted that MACC viewed the letter as a “surat layang” or poison-pen letter and added that in previous courts, the letter would have been thrown into the dustbin.

The MACC lawyer’s words provoked an outcry from the other lawyers, especially Gobind Singh Deo, who had received the letter last Tuesday and brought it into court the next day.

Gobind told the coroner he could not “ignore” the letter as he had acted on it, ordering the police to carry out investigations based on it.

Azmil agreed.

While the magistrate decided that the court would keep the mystery letter for the record, it will not mark it for now.

Gobind, representing Teoh’s family, later told reporters that “it would not be wise” to jump to conclusions at this stage “without proper investigations”.

“It is still too early to set aside the contents of the letter,” the goateed lawyer explained.

Lawyer Tan Hock Chuan, acting for the Attorney General’s Chambers in aiding the inquest, had earlier recounted the police investigating officer, ASP Ahmad Nazri Zainal’s probe results.

The cop had been ordered by the magistrate on Aug 18 to immediately check into the letter’s many claims, including one accusing the Selangor MACC deputy director of having his DNA sample taken behind closed doors for testing to match the DNA profiles of two unknown men, which were found on Teoh’s clothes, raising public suspicion of possible foul play involved in Teoh’s death.

Tan added that a fresh swab test had been carried out by government DNA expert, Dr Seah Lay Hong, on the deputy director’s DNA sample on Aug 20 in the presence of a Malaysian Bar Council lawyer.

The results showed no match between the deputy director’s DNA profile and that of “Male 1” or the other unknown male person.

The letter, dated Aug 5 which Tan told the court today was from people claiming to be “MACC officers”, made four other claims directly related to Teoh's inquest.

Allegation 1 – That the Selangor MACC deputy director had instructed MACC officers involved in the operation not to to involve him in the case;

Allegation 2 – That the MACC officer in question had a certain “interrogation technique”;

Allegation 3 – That the Selangor MACC deputy director had ordered his subordinates to wipe clean fingerprint traces from a window believed to be where Teoh had plunged to his death;

Allegation 4 – That the Selangor MACC deputy director did not punch out his card on July 16, the day Teoh died.

Tan also told the court the cops had checked by recording statements from “relevant witnesses” and found no proof to back them up, except one — that the Selangor MACC deputy director, Hishamuddin Hashim, had failed to clock out.

“He did not punch out,” Tan said, but added that closed circuit television (CCTV) cameras had captured the senior officer leaving the building.

The lawyer also told the magistrate he could ask the man himself why he did not punch out when he was called to the witness stand.

Tan said eight to 10 MACC officers would be called to testify in the next few days.

Teoh Lee Lan, Beng Hock’s younger sister beseeched the public to look into the matter and help them in the ongoing investigations.

“We wish to appeal to anyone who has information about how Beng Hock had died to come forward and pass the information to our lawyer, YB Gobind Singh Deo,” the 28-year-old pleaded.

“Beng Hock’s death was most painful to us. Equally painful is the fact that the cause of his death is still not known. Every single day since July 16 has been a very tormenting day for each and every one in our family,” she added.

The Teoh family — father Hwee Leong, mother Teng Shuw Hoi, elder brother Meng Kee and Lee Lan — were present in court today with former DAP secretary general Kerk Kim Hock, a distant relative, when MACC investigating officer returned to the witness stand.

Teoh’s mother, who sat on the front row in the public gallery, held up a framed portrait of her son towards Mohd Anuar Ismail’s direction when he took the oath, but made no other gesture for the rest of the hearing.

The inquest continues tomorrow morning with Gobind leading the cross-examination of the soft-spoken Mohd Anuar.

Bar says BN Speaker filed notice after deadline - Malaysian Insider

KUALA LUMPUR, Aug 24 — The Bar Council has clarified that Perak Speaker Datuk R Ganesan had only filed a notice of cessation of practice as a lawyer on August 17, ten days after a statutory deadline for him to do so expired.

A letter to the Bar Council which was received on August 17 was however dated August 6.

The actual “Notice of Cessation of Practice as an Advocate and Solicitor” was only field on August 17, as was an accompanying statutory declaration.

Last week, former mentri besar Datuk Seri Mohammad Nizar Jamaluddin revealed that the former Sungkai assemblyman had infringed Article 36A of the Perak Constitution by failing to relinquish his job as a lawyer within three months of his appointment.

Bar Council secretary George Varughese said in a statement today the Bar Council had acknowledged receipt of Ganesan’s letter dated August 6.

But he pointed out that the “Notice of Cessation” was dated August 17.

In the statement, Varughese said Ganesan had faxed a letter to the Bar Council on August 13, six days after the deadline expired, claiming that he had ceased being a lawyer on August 6.

But the notice of cessation remained dated August 17, ten days after the legal deadline.

The Bar Council statement appears to back Perak PR lawmakers in their argument that Ganesan had breached the state constitution and could no longer be Speaker.

In a joint media statement today, Perak PR lawmakers said that while they still maintain Ganesan had not been properly elected Speaker on May 7, he should be disqualified now even if his appointment was accepted.

“We all know that Dato’ R. Ganesan was never properly elected as the Speaker of the Perak State Legislative Assembly at the sitting on 7/5/2009 where the lawful and legitimate Speaker YB V. Sivakumar was illegally and forcibly removed from the State Assembly.

“The purported election of Dato’ R. Ganesan by the BN elected representatives holding a sub-assembly within the Assembly was carried out before the opening of the session of the Legislative Assembly i.e before the opening speech of his Royal Highness the Regent of Perak. How can a proceeding or a decision made prior to the commencement of a meeting be valid?” they said.

As such the PR lawmakers said Sivakumar should still be recognised as the legitimate Perak state Speaker.

Saturday, August 22, 2009

Kit Siang asks MACC: Is Muhyiddin above the law? - Malaysian Insider

KUALA LUMPUR, Aug 22 – The DAP’s Lim Kit Siang demanded to know today why the Malaysian Anti-Corruption Commission (MACC) did not appear to have started a probe into allegations that Tan Sri Muhyiddin Yassin abused his powers and used a military aircraft to attend an Umno party function.

It was reported last week by Bernama that a Royal Malaysian Air Force helicopter ferrying the deputy prime minister was forced to make an emergency landing in Sabah.

Bernama also reported that the helicopter was being used to transport Muhyiddin, who is also deputy Umno president, to attend party meetings there.

ollowing this, a PKR Youth delegation lodged a complaint with the anti-graft agency.

The DPM dismissed the allegations that he abused his power last week.

He said the complaint showed that Pakatan Rakyat (PR) had run out of ideas to attack the Barisan Nasional (BN) government.

But Lim pointed out today that former Commercial Crime Investigation Department director Datuk Ramli Yusoff had been charged for using a police aircraft to survey two plots of land in a flight that was not related to his official duties.

And despite the fact that Ramli was acquitted recently, an appeal has been filed by the prosecution.

“I want to ask the Malaysian Anti-Corruption Commission (MACC) why it is practicing double standards as it has not even started investigations into the allegation that Deputy Prime Minister Tan Sri Muhyiddin had corruptly misused his position in having used RMAF Nuri helicopter to officiate Umno division meetings in Sabah last weekend totally unrelated to his official duties,” Lim said today.

PR parties in states in which they govern have come under severe pressure in recent months after numerous graft probes were launched.

PR leaders and Lim in particular have accused the MACC of being a tool of the BN in trying to destabilise and topple the governments held by the alliance of DAP, PKR and PAS.

So far the MACC has not charged any PR leader yet for corruption.

The MACC has also come under intense pressure following the controversial and mysterious death of DAP political aide Teoh Beng Hock.

Teoh’s death is now the subject of a coroner’s inquest as he had died following hiours of questioning by MACC officers.

Lim’s statement today is designed to further entrench PR’s argument that MACC was bias.

“If Ramli is indicted for corruptly misusing a police Cessna Caravan aircraft for a purpose totally unrelated to his police duties, why is Muhyiddin spared for similarly misusing an RMAF Nuri helicopter for a purpose totally unrelated to his DPM or even Education Minister’s duties?

“Is there one law for the Umno Cabinet Ministers and another law for ordinary people, especially those whom the MACC’s masters in the Umno/Barisan Nasional government want to persecute and victimise?” said Lim.

Friday, August 21, 2009

Selamat Menyambut Bulan Ramadhan Al-Mubarak

Pakatan Rakyat Malaysia blog wishes all Muslim Friends "Selamat Menyambut Bulan Ramadhan Al-Mubarak dan Selamat Berpuasa".

Pakatan wants BN Speaker removed for moonlighting - Malaysian Insider

Perak Speaker R. Ganesan stands accused of holding another job besides being the Speaker of the state assembly. — Picture by Choo Choy May

IPOH, Aug 21 — Another battle is raging over Datuk R. Ganesan’s validity as the Perak Speaker, with Pakatan Rakyat leaders here claiming he should be disqualified for holding two jobs — as Speaker and as a lawyer.

Ganesan has, however, denied this and claims he had stopped his practice since his appointment during the chaotic May 7 state assembly sitting.

Former mentri besar Datuk Seri Mohammad Nizar Jamaluddin revealed today that the former Sungkai assemblyman had infringed Article 36A of the Perak Constitution by failing to relinquish his job as a lawyer within three months of his appointment.

Article 36A of the Perak Constitution stipulates: A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it.

Nizar also showed proof to the media: a letter from the Bar Council dated August 12, confirming that Ganesan was still in possession of a valid Sijil Annual and Practising Certificate, registered with the council and sole proprietor of legal firm Messrs Ganesan & Associates.

The letter was in reply to a query by Chan Kok Keong, legal counsel for former Speaker V. Sivakumar, seeking information on Ganesan’s status.

“The council confirmed that as of August 11, more than three months past his supposed appointment, Ganesan was still an actively practising lawyer. This is not allowed under the State Constitution.

“In view of this, Ganesan should be disqualified and should stop receiving any form of remuneration from the state government,” said Nizar.

He added that when PR was in government, he, all his executive councillors and Speaker V. Sivakumar had resigned from their day jobs for holding government office was a full-time responsibility.

“I had to deregister myself as a professional engineer. All of us resigned and concentrated on administrating the government. This is common knowledge,” he said.

He reiterated however that by calling for Ganesan to be disqualified, it did not mean that that PR recognised the latter’s appointment.

“It only further affirms that Sivakumar had always been the rightful Speaker because Ganesan’s appointment was illegal,” he said.

Meanwhile, Ganesan has countered the accusation and fired another salvo of his own.

Shortly after the press conference, he showed proof to the media in the form of another letter from the Bar Council, dated August 20, which stated that he had ceased to be a solicitor as of August 6, just before the three-month deadline.

Ironically, the letter was signed by the same person as the one addressed to Chan on August 12.

“I have already resigned. And anyway, my practice stopped in May. Notifying the council is only a formality,” he said when contacted.

When informed of Ganesan’s letter, former senior executive councillor Datuk Ngeh Koo Ham was unfazed.

“I challenge Ganesan to show us the exact date that he had resigned as a lawyer. Let him answer to that,” he said.

It is learned that Ganesan had last week been served with an affidavit from Sivakumar, stating that he should be disqualified as the Speaker by virtue of him still holding office as a legal practitioner.

Certain quarters believe that Ganesan may have only applied for his resignation upon receiving the affidavit.

Earlier when he was asked for the exact date of his resignation, Ganesan said he could not remember as the matter had been handled by his lawyers.

“I am very busy right now so I hope you understand,” he said, when asked if he could clarify the matter immediately with his lawyers.P

Thursday, August 20, 2009

AG files motion against Selangor govt circular - Star


PUTRAJAYA: The Attorney-General’s Chambers has filed a motion in the Shah Alam High Court to nullify a circular issued by the Selangor State secretary over a directive involving interviews being conducted to assist investigations by the Malaysian Anti-Corruption Commission (MACC).

The AG is seeking to nullify Circular No 4, 2009 dated July 28 and is also seeking ancillary orders deemed fair and suitable by the court.

Last month, Selangor Mentri Besar Tan Sri Khalid Ibrahim issued a directive that state officials could only be questioned by enforcement authorities at the state secretariat building and not outside their place of work, especially in cases concerning abuse of funds.

The directive came following the sudden death of Teoh Beng Hock, 30, an aide to Selangor state executive councillor Ean Yong Hian Wah on July 16.

Teoh, who had been assisting an MACC probe into allegations of misuse of allocations by several state assemblymen, was found dead on the fifth floor of Plaza Masalam here, nine floors below the state MACC office.

On Monday, Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said that the Selangor government’s directive to “restrict” MACC officers from interviewing state representatives outside the state secretariat building was not legally binding.

He said that the state could not issue directives that appeared to set limits on independent investigations by the MACC and could be deemed as obstructing a government official from executing his duties.

Attorney-General Tan Sri Ghani Patail said then that his Chambers would be filing an application in court to seek a declaration that the directive by Khalid was null and void.

Khir Toyo denies allegations in mystery letter - Malaysian Insider

By Neville Spykerman

KUALA LUMPUR, Aug 20 – Datuk Seri Dr Mohd Khir Toyo has denied allegations contained in a mystery letter purportedly written by unnamed MACC officers that implicates him in a conspiracy with a senior anti-graft officer to bring down the Pakatan Rakyat (PR) Selangor government.

“The allegations are not true,” the former Selangor mentri besar told The Malaysian Insider from Mecca, Saudi Arabia, when told about the letter. “I do not know this MACC officer.”

He added that he was not aware of the letter but would take legal action against any website for publishing it.

The letter was delivered two days ago to Gobind Singh Deo, the lawyer for Teoh Beng Hock’s family, and was sent by anonymous parties claiming to be “MACC officers” who urged the authorities to probe a senior anti-graft officer for corruption and involvement in the DAP political aide’s death.

The letter, written in Bahasa Malaysia on an MACC letterhead, appears to give lawyers for the family ammunition and a roadmap to investigate Teoh's death.

A senior official of the MACC was named as someone who was personally involved in questioning Teoh in the final hours before he died.

An account of what happened during questioning was also suggested.

The letter accuses the senior official of widespread corruption involving previous investigations.

It also accuses the senior officer of acting on the instruction of Dr Mohd Khir from the time he was the Selangor mentri besar to initiate investigations into possible corruption involving the current government.

In the letter, a number of previous investigations purportedly involving Dr Mohd Khir’s administration are listed, and the senior officer was said to have covered up those cases.

Yesterday, magistrate Azmil Muntapha Abas, who is acting as coroner in the inquest into Teoh’s death, ordered the police investigating officer, ASP Ahmad Nazri Zainal, to immediately look into the contents of the letter and check all its claims.

Azmil also told the lawyers involved not to disclose the details of the letter to anyone but did not issue a “gag order” as requested by Tan Hock Chuan, the lawyer heading the Attorney-General's team and assisting him in the inquest.

Tan asked for the “gag” to prevent putting the police follow-up at risk, as several notable people are said to be named in the controversial letter.

But Gobind, who is representing Teoh's family, said a gag would not necessarily prevent the details from leaking out.

Gobind said the letter was handed directly to him late Tuesday afternoon, just as he was leaving the court here.

The envelope it came in was not addressed to him, he said. He refused to say who it was directed to.

Details at:

A blatant lie, says former law partner - Malaysiakini

Aug 20, 09 11:19am By Athi Shankar

Yusri Isahak, the former business partner of Rohaizat Othman, today vehemently refuted claims by Umno leaders that the party candidate was innocent from any wrongdoings.

"It's a blatant lie to say that he never knew anything about the cooperative land and money transactions.

"Apart from me, he was also the legitimate signatory of the company accounts.

"To suggest that he was implicated by my wrongdoing is a lie," Yusri (left) told journalists at a press conference at Yayasan Aman, Penanti today.

Yusri's startling revelation has surely put Rohaizat and Umno on the wrong foot again.

Since the issue of Rohaizat's disbarment by the Bar Council surfaced last Friday, the Umno leadership at the federal level has been working hard to deny that the candidate has a tainted legal background.

'Not guilty of any breach of trust'

"He is prepared to even make a statutory declaration if necessary to clear his name," said Umno deputy president Muhyiddin Yassin yesterday.

In his press statement, Yusri urged Rohaizat and Umno to stop dragging him into the blame game alleging that he was solely responsible for the misappropriation of the cooperative money totalling RM220,000 in 2002.

"I am willing debate anywhere anytime in an open or close arena on this subject.

"He was also responsible for the misappropriation of the cooperative funds. It is unethical in the legal profession .. . Rohaizat was guilty of it.

He said that parties blaming him for being solely responsible for "swindling the cooperative money are lying."

Yusri said that he had quit as a lawyer in 2003 and went into agriculture.

"I was never charged by the Bar Council or had my licence revoked.

"I did not renew my legal practicing licence because I thought I was not suitable for the profession," Yusri said, explaining his career change.

He is now contemplating lodging police reports and filing civil suits against the parties who have made the "false accusations".

'Ambition to be a politician'

Yusri, 39, who left the law partnership in 2003, said his former partner may have misled the Umno leadership by misrepresenting the facts of his case "merely to fulfil his long time ambition to become an elected representative."

"But that does not mean I should become the black sheep," said Yusri, who was a partner in Rohaizat's legal firm, Saif Ariff and Rohaizat, between 1999 and 2003.

He recalled that in 2002, the Penang Small Rubber Plantation Holders Cooperative Society had appointed the legal firm to manage a land deal.

Yusri, who prepared the land sales and purchase agreement, said the cooperative had successfully applied for a RM320,000 loan and the money was deposited into the firm's Butterworth branch account.

Yusri and Rohaizat were signatories to the account.

Yusri said when the land deal was cancelled after a communication breakdown with the Acheh-based land owner, he had signed and issued a cheque for the sum of RM100,000 to the cooperative.

The remaining RM220,000 had remained in the firm's accounts.

More details at:

Tuesday, August 18, 2009

Bar Council: Rohaizat disbarred for personal misconduct - Star

Aug 18, 2009

PETALING JAYA: Rohaizat Othman, Barisan Nasional’s for the Permatang Pasir by-election, was taken off the advocates and solictors roll on March 7 last year after he was found guilty of personal misconduct, Bar Council secretary George Varughese said.

The Advocates and Solicitors Disciplinary Board’s decision arose from an investigation into a complaint lodged against Rohaizat by the purchaser of a piece of real property, Varughese said in a press statement on Tuesday.

Rohaizat, who is also the Permatang Pauh Umno division secretary, had allegedly failed to refund almost RM161,000 to the complainant after the transaction was aborted.

Rohaizat appealed against the decsion of the Disciplinary Board to the High Court, and the appeal was dsimissed on Aug 12.

“He is therefore legally disqualified from practising as an advocate and solicitor,” Varughese said.

The finding of misconduct is personal to Rohaizat Othman, as the Disciplinary Board would not hold a lawyer liable for the actions of his or her law partners, he added.

Monday, August 17, 2009

Straight fight between BN and PAS - Star

Aug 17, 2009


It will be a straight fight in the Permatang Pasir by-election - between Rohaizat Othman from Barisan Nasional and Salleh Man from PAS.

BUKIT MERTAJAM: The Permatang Pasir by-election on Aug 25 will see a straight fight between Barisan Nasional’s Rohaizat Othman and Mohd Salleh Man of PAS.

Returning officer Roslan Yahaya announced at 11.25am that the Election Commission (EC) had accepted the nomination papers of both candidates despite 15 objections being received.

Rohaizat, 38, a legal adviser, submitted his papers at 9.03am while Mohd Salleh, 52, who is state PAS commissioner, sent his in at 9.06am.

Deputy Prime Minister Tan Sri Muhyiddin Yassin, who earlier accompanied Rohaizat with many supporters to the nomination centre at the Youth Skills Development Institute (IKBN) here, said he was pleased with the smooth nomination process.

“The Barisan and the Opposition did not display any tense feelings (against each other) and I hope this situation will remain till the end of the campaigning period,” he told a press conference at IKBN here Monday.

Since the campaigning period would be during the fasting month of Ramadan, Muhyiddin appealed to both parties to watch their actions in keeping with the sanctity of the holy month.

However, towards the end of the nomination process, a misunderstanding broke out between PAS supporters and the police, causing Padang Serai MP N. Gobalakrishnan to be detained for allegedly starting it.

State police chief Deputy Comm Datuk Wira Ayub Yaakob said the PKR supreme council member did not listen to the police who warned him twice against using provocative words via a loudspeaker.

“The incident started when some 50 Opposition supporters tried to break through our police barricade.

“They later intervened and prevented our men from carrying out their duties,” he said, adding that the incident would be investigated under Section 186 of the Penal Code.

DCP Ayub said Gobalakrishnan, who claimed his left hand was fractured in the incident had been to the nearest hospital via ambulance.

Businessman Kamarul Ramizu Idris, 42, who failed to submit papers as an independent candidate on time, said he was delayed by the traffic congestion en route to the nomination centre.

He arrived at the centre at 9.45am, spoke to reporters for 10 minutes and filed his papers at 9.55am.

He claimed he asked for permission to go to the restroom and when he returned, everyone was leaving then. He then decided not to file his papers.

Nominations, which opened at 9am, closed at 10am.

Among the VIPs at the nomination centre were ministers Datuk Seri Hishamuddin Tun Hussein, Datuk Mustapa Mohamaed, Datuk Seri Dr Ahmad Zahid Hamidi, Datuk Seri Liow Tiong Lai, Tan Sri Dr Koh Tsu Koon, Datuk Dr S. Subramaniam, Datuk Seri Shahrizat Abdul Jalil and Datuk Shaziman Abu Mansor.

Also present were MIC president Datuk Seri S. Samy Vellu and PPP president Datuk M. Kayveas.

Among the opposition leaders present were PAS president Datuk Seri Abdul Hadi Awang, PAS spiritual leader Datuk Seri Nik Abdul Aziz Nik Mat, PKR chief Datuk Seri Anwar Ibrahim and DAP secretary-general Lim Guan Eng.

The Permatang Pasir seat fell vacant following the death of incumbent Datuk Mohd Hamdan Abdul Rahman of PAS of heart ailment on July 31.

Mohd Hamdan, who had held the seat for three terms since 1999, garnered 11,004 votes to defeat Ahmad Sahar Shuib of the BN with a 5,433vote majority in the general election last year.

Permatang Pasir has 20,290 registered voters 72.34 percent Malays, 25.86 percent Chinese, 1.64 Indians and 0.16 percent, others.

Thursday, July 30, 2009

Pakatan, MIC supporters face off over Maika - Star

Jul 30, 2009

KUALA LUMPUR: Police had to close off roads near the MIC headquarters in Jalan Ipoh here as hundreds of Pakatan Rakyat and MIC supporters faced off over the Maika Holdings issue on Thursday.

DAP’s Selangor executive councillor Ronnie Liu handed a memorandum to Maika chief executive officer S. Vell Paari, asking him to set a deadline on when the shareholders will be refunded their money.

Both leaders had to come out of the building to calm down their supporters, who at about 12:30pm were involved in a shouting match.

Two truckloads of Federal Reserve Unit (FRU) personnel arrived nad later managed to disperse the supporters.

Maika was formed in the early 1980s to boost the Indian community, but its poor performance saw an RM1 share plummet to 30sen since.

Unhappy shareholders are seeking a return on their investments.

Vell Paari, who is MIC president Datuk Seri S. Samy Vellu’s son, said that he was ready to repay the shareholders but was unable to do so due to an injunction obtained against the sale of an insurance company by Nesa Cooperation.

Nesa, a major Maika shareholder, is headed by former MIC deputy president Datuk S. Subramaniam.

In 2007, Maika shareholders had approved the sale of the company’s cash cow Oriental Capital Assurance Bhd, but Nesa rejected the deal, saying that it would not fully benefit the 60,000-plus Maika shareholders.

Pakatan committee finds Perak Speaker guilty of contempt - Star

Jul 30, 2009 By CLARA CHOOI

IPOH: The Pakatan Rakyat-endorsed Rights and Privileges Committee has found Perak Speaker Datuk R. Ganesan guilty of contempt of the House and will recommend a six-month jail term for him in the next sitting.

The committee will also serve a notice to Ganesan soon, directing the former Sungkai assemblyman to vacate the Speaker’s office and stop “impersonating” the Speaker.

Ousted Speaker V. Sivakumar said that the committee had made the decision after concluding its investigation Thursday into a complaint by Pokok Assam assemblyman Yee Seu Kai.

The complaint was against Ganesan’s appointment as the Speaker, his act of bringing the police into the State Assembly and the events surrounding the notorious May 7 sitting.

“The committee has heard testimonials from three witnesses and has concluded that Ganesan has committed contempt of the Assembly.

“We will report to the Assembly that the defendant (Ganesan) should immediately desist from holding himself out as Speaker.

“He should not be allowed to enter the Assembly building whether or not the Assembly is sitting,” Sivakumar said at a press conference at the Syuen Hotel here.

He said that the committee would propose to the Assembly that Ganesan be jailed for six-months or until the Assembly is dissolved, whichever is the sooner, and fined RM500,000 in default of six months’ jail or until the Assembly is dissolved, whichever is the sooner.

The Tronoh assemblyman, who is also chairman of the committee, said the decision was arrived at after it was established that the events in the May 7 sitting were invalid.

“We have accepted and adopted the expert opinion of Tommy Thomas after he was interviewed by the committee,” he said.

Thomas, he said, had explained that the committee, although considered defunct by the Barisan Nasional, was still the State Assembly’s valid select committee since the entire proceedings of the May 7 sitting was illegal.

“This is because the sitting was not declared open by the Raja Muda and as such, no resolution can be passed.

“This means that Ganesan’s appointment and my removal was not lawful,” he said.

Earlier, Sivakumar and the other Pakatan committee members were engaged in yet another face-off with the police and State Secretariat officials when they tried to hold their committee hearing inside the building.

The committee was turned away on Monday when it first tried to hold its hearing.

This time however, the argument turned ugly when Simpang Pulai assemblyman Chan Ming Kai of PKR attempted to push his way through the gates, resulting in a minor scuffle.

The group, which had arrived at the building gates at about 10am, only dispersed at 11.30am with a threat to State Secretary Datuk Dr Abdul Rahman Hashim -- “tell us to our face during our next committee hearing that you are prohibiting us from entering the building or we will force our way in.”

The group had also attempted to enter the building by claiming that they only wanted to have a cup of coffee in the cafeteria.

“We only want to enter the building in our capacity as elected representatives. Why are we being stopped?” said Sivakumar.

The committee will attempt to hold its second investigation at the State Secretariat on Friday and has summoned Perak Mentri Besar Datuk Seri Dr Zambry Abd Kadir and Deputy Speaker Hee Yit Foong.

'Committee dissolved’
In an immediate response, State assembly secretary Abdullah Antong Sabri said that the Rights and Privileges committee could no longer hold meetings as it is deemed to have been dissolved after the May 7 sitting.

He said the committee was valid for only one term and ceased to function after the State Assembly entered a new term, Bernama reported.

“New committee members were appointed during the meeting of the second term on May 7. As such the previous committee chaired by Sivakumar is no longer valid,” Abdullah said.

He said Ganesan was appointed the new State Assembly Speaker and chairman of the Rights and Privileges committee during the sitting.

Tuesday, July 28, 2009

Perak Pakatan wants PSC rep's termination reviewed - Star

Jul 28, 2009 By CLARA CHOOI

IPOH: The Perak Pakatan Rakyat has filed an application seeking a judicial review of the termination of its representative in the state's Public Services Commission (PSC) before his three-year term expired.

The affidavit for the representative, former Kampar MP and DAP member Ngoi Thiam Wah, was filed by counsel A. Magesan from legal firm A. Sivanesan and Co at the High Court here Tuesday.

Former exco member and lawyer A. Sivanesan said that affidavits for another five representatives, who were also terminated, would be filed over the week.

The five comprise of another DAP member, two from PAS and two from the PKR.

In his application, Ngoi is seeking for an order of certiorari to quash the termination notice issued by State Secretary Datuk Dr Abdul Rahman Hashim, which was made effective on June 30 this year.

He is also seeking a mandamus order to reinstate him as a commissioner or alternatively, for the State Secretary to pay him a compensation of RM61,200 as damages for his termination.

In his affidavit, Ngoi said that he was offered a post as a commissioner in the state's PSC via a letter from Dr Abdul Rahman dated Jan 1 this year.

The latter informed Ngoi that he was to assume duty for a three-year period beginning March 1 this year until Dec 31, 2012, and be paid a monthly allowance of RM1,700.

"He was also promised other benefits under Schedule 3 of the Public Services Commission Enactment 1959.

"However, he was not paid a single sen since his tenure commenced in March," said Sivanesan.

Sivanesan said that Ngoi later received the termination letter informing him, without providing a reason, that his services were terminated after June 30.

The letter was signed by one Asri Saad from the state's human resources division on behalf of Dr Abdul Rahman.

Sivanesan said that the Barisan government had committed a breach of contract by not adhering to the terms of Ngoi's appointment.

"Furthermore, when we (Pakatan) took over the government last year (2008), we never terminated the Barisan's commissioners in the PSC because we knew their terms had not yet expired.

"Only once when their terms expired in Dec 31, 2008, did we appoint our own commissioners to replace them," he said.

He added that the decision to appoint commissioners was the prerogative of the state executive council.

Commissioners in the PSC are responsible for the hiring and firing of civil servants in the state government.

Monday, July 27, 2009

Ku Li says Petronas must pay Kelantan oil royalties - Malaysian Insider

KUALA LUMPUR, July 26 – Former Petronas chairman Tengku Razaleigh Hamzah has rubbished reasons given by the federal government over its dismissal of the Kelantan state government’s claim on oil royalties and says that the national oil company is obligated by law to pay up.

The Kelantan state government has claimed that is is owed RM1 billion in royalties from oil that has been extracted in an offshore area bordering Thailand.

In response, Information Communication and Culture Minister, Datuk Seri Rais Yatim had said that the Kelantan demand for oil royalty had no legal basis and was made to earn political mileage.

According to Tengku Razaleigh however, the vesting deed agreement, which he signed on behalf of Petronas as founding chairman and CEO, entitles the state to five per cent of any revenue derived from hydrocarbon deposits found on or offshore of the state.

“If I am chairman still of Petronas, I will pay without all the fuss,” he told The Malaysian Insider in an interview earlier this week. “And I feel all the more it should be paid because I signed the agreement! There is no two ways about it. It must be paid.”

The former finance minister declined to comment on whether political considerations played a part in the decision not to pay Kelantan oil royalties but noted that Terengganu oil royalty payments were suspended when it was under the opposition but was reinstated when it returned to Barisan Nasional rule last year.

“I don’t know what kind of politics they are playing,” he said.

He also agreed with the view that the government is currently overdependent on Petronas oil revenue and that it needs to scale down expenditure.

The following is the conversation between The Malaysian Insider (TMI) and Tengku Razaleigh, who is also known as Ku Li:

TMI: The Kelantan state government has requested that the Federal government pay them RM1 billion worth of oil royalties due to them since 2004. Do you agree with this request?

Ku Li: I think it is a very straightforward issue. It shouldn’t be an issue because we signed the vesting deed agreement with all the state governments, including Sabah and Sarawak. And it’s very straightforward and very simple piece of legislation. Anybody who reads it will understand it without having to consult a lawyer.

Simply put, we agreed to pay any state in the federation if oil is found onshore or offshore. In this instance, oil is found offshore, which is a joint development area with Thailand. And it became like that because we did not file with the Law of the Sea Convention in Geneva to reiterate that that was our offshore area. So the Thais decided to move ahead and as a result, through negotiation, we adopted the same area as a joint development area. Now that is just off the state of Kelantan.

Under the vesting deed agreement, if oil is found there and Petronas make profit from the joint development and of course it is 50:50 share (with Thailand), Petronas will earn 50 per cent of profit. If they earn that much money, then 5 per cent must be paid to the state in cash.

TMI: So the question of the fact that it is a disputed area does not arise at all?

Ku Li: No, no. Because Petronas is operating in what is an offshore area of Kelantan. It is very straightforward. Otherwise Petronas cannot have a joint venture with Thailand.

TMI: Is there any legal redress available to the state?

Ku Li: I don’t think there is a (need for) legal redress, I think it is obligatory on the part of Petronas to pay. You see, the whole thing behind this issue was, I went to Tun Razak, who was prime minister then. I said: let’s do this vesting deed agreement because Selangor and Perak were difficult with us at that time, to sign the vesting deed agreement. So I told Tun Razak that on the east coast, there is potential for oil and gas. And why not we also do the same to bring in uniformity and we pay 5 per cent even if oil is found offshore in the area that is under the federal jurisdiction. So it was agreed and since we signed with the mentri besar of Kelantan, or I signed with the mentri besar of Kelantan the vesting deed agreement, if oil is found in the offshore area, although it is under the federal jurisdiction, even though it is in joint venture with the Thais today, 5 per cent must be paid to the state. As simple as all that.

TMI: So with that agreement, the state can take Petronas to court?

Ku Li: I don’t think there is a need to take Petronas to court. Petronas has to pay, that’s all. If I am chairman still of Petronas, I will pay without all the fuss. Because, look, we have this money and we want to help states like Kelantan, Terengganu, Kedah because those states are poor states, undeveloped states, like Sabah, Sarawak, they are also undeveloped states. Why grudge the pay? Those people are tax payers all the same. They may have supported PAS in the last election. But it does not mean they are not citizens of this country. They have same rights as the others.

TMI: Do you feel that’s the reason why they are not getting paid?

Ku Li: I am not making any guess. But I think they should be paid because the law says so. And I feel all the more it should be paid because I signed the agreement! There is no two ways about it. It must be paid. Previously they suspended payment to the state of Terengganu, when it was previously receiving this cash payment from Petronas. I don’t know why they did that. Maybe for political reasons. Now it has been restored because under the law, you have to pay the state. You cannot pay to the federal government departments here. Because they’re not entitled to it. It’s the state concerned that it entitled to the payment. Similarly with Kelantan. There is no escape. I don’t know what kind of politics they are playing.

TMI: Do you think the federal government is overdependent on Petronas for revenue? As of last year, 45 per cent of their revenue came from Petronas. According to the Malaysian Institute of Economic Research, the government operating expenditure is going to exceed revenue.

Ku Li: It would, because of the pension bill and all the extraneous expenses incurred. Naturally, it will. And the interest, the cost of money, that the government bears is large. Unless they scale this down. I am sure the expenditure is going to be more than revenue and because of that, I think they are quite dependent on Petronas revenue now. But the Petronas revenue is falling, because of the fall in the price of crude oil. The world price has fallen.

TMI: I get a sense from the people I speak to at Petronas that they are not happy about the pressure being applied on them.

Ku Li: Well, the government has no money (chuckles). Basic. I’m told that some of the contracts awarded prior to this, are being delayed because payment has not been made, because the government has to reschedule the repayment of the contract work.

Thursday, July 16, 2009

He was to be married tomorrow - Malaysiakini

Jul 16, 09 9:08pm

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

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

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

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

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

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

His boss cannot believe it

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

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

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

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

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

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

Lau Weng San, DAP Kampung Tunku assemblyperson

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

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

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

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

Teresa Kok, Selangor exco and DAP Kinrara assemblyperson

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

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

Hannah Yeoh, DAP Subang assemblyperson

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

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

Elizabeth Wong, Selangor exco and PKR Bukit Lanjan assemblyperson

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

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

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

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

Tony Pua, DAP MP for Petaling Jaya Utara

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

Tan Seng Giaw , DAP MP for Kepong

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

Dr Wan Azizah Wan Ismail, PKR president

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

Sodomy 2: Anwar wins bid to get documents - Star

Jul 16 2009 By M. MAGESWARI

KUALA LUMPUR: PKR adviser Datuk Seri Anwar Ibrahim succeeded in his bid to get certain documents, including the witness statement of the complainant, for preparation of his sodomy trial.

High Court judge Justice Mohamad Zabidin Mohd Diah ordered the prosecution to supply to Anwar’s lawyers a copy of CCTV recordings taken from the guardhouse and lifts of Desa Damansara Condominium for three days from June 25 last year.

He ordered the prosecution to comply with his order within a week from Thursday.

If the prosecution wants to file for a stay of the court order, the judge said it would have to do so within 10 days.

Justice Mohamad Zabidin set July 24 for mention of the sodomy trial and an application by Anwar to strike out his sodomy charge.

In elaborating his stand Thursday, Justice Mohamad Zabidin said the ruling may help to prepare a proper defence.

On March 10, Anwar had pleaded not guilty to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara here on June 26, last year.

“If a clear copy cannot be provided, the defence counsel can inspect the original recordings under the supervision of the investigating officer or/ and those under his order,” he said.

On the original samples taken from Saiful, the judge noted that all evidence had been sealed by the chemist and that any disturbance would affect its identity and chain of evidence over the production of exhibits in court during trial.

Therefore, Justice Mohamad Zabidin said the application to inspect those samples could not be allowed at this stage.

Justice Mohamad Zabidin ordered the prosecution to allow Anwar’s lawyers to inspect slides on the samples taken from Saiful under the supervision of the investigating officer and the chemist who analysed the items.

Among others, the judge ordered the prosecution to supply chemist notes over the analysis of certain samples and medical notes from Kuala Lumpur Hospital doctors who examined Saiful.

The judge also ordered the prosecution to provide a copy of its witnesses list and all documents which would be tendered in court as evidence in the trial.

Apart from that, the prosecution had to give a statement of facts which was favourable to Anwar if available.

The judge also ordered the prosecution to hand over copies of photographs and the medical report from Pusrawi Hospital over the examination of Saiful.

“If no report (from Pusrawi) is being provided, a confirmation by the concerned doctor that there is no such report should be given to the defence lawyer,” he said.

The judge ordered the supply of copies of six witness statements, including that from Saiful.

“There is nothing which suggests that giving a copy of these witness statements could prejudice the prosecution’s case or disturb the public interest,” he added.

Speaking to reporters later, Anwar said he was glad that his team could now get the items they required.

“However, we have to go through the due process,” he said.

Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden said he would file for a stay of the court order, perhaps by Friday.

In an immediate reaction, Anwar’s lawyer Edmund Bon said, “It’s a very progressive decision in the spirit of the new amendment to the Criminal Procedure Code in Section 51A (to deliver certain documents to an accused before the commencement of the trial).

“I am glad that the High Court judge saw the logic of our arguments and issued the order he did. This is a landmark decision which should be welcomed by all,” added Bon.

He had earlier argued that the Parliament Hansard had elaborated that the defence could apply to the court even if certain facts were protected by public interest.

“The consequences are quite far reaching -- that the court has the power to decide when the accused files a complaint over this,” he said in reply Thursday over the application to get certain documents for Anwar’s lawyers to prepare his defence.

“Let us not get confuse the question of admissibility and substantive evidence with pre-trial discovery (with the supply of those documents),” he said.

Bon said the court has wide power over the application by issuing a “supervised order” for the inspection of certain documents.

“At this time, we are entirely handicapped as we cannot look at the scientific evidence for the sodomy trial,” he said.

He said the Public Prosecutor has a duty to act impartially and fairly as well as to see that justice is done, rather than merely focus on convicting the accused.

“This honourable court is in a position to step in and set things right,” he said.

Anwar’s lawyer Amer Hamzah Arshad said the application was to ensure a fair trial, while another, R. Sivarasa, argued that the defence was applying for those documents to prevent any suppression of evidence.

At the outset, the court granted an application by Sivarasa not to allow investigating officer DSP Jude Pereira to be inside the court on grounds that the officer was a key witness and an interested party.