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2009-09-10T20:32:00.004+08:00

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

2009-09-09T18:20:00.002+08:00

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.

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

2009-09-04T15:56:00.001+08:00

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

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

2009-08-30T16:41:00.003+08:00

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.

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

2009-08-29T18:23:00.004+08:00

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

2009-08-29T09:06:00.003+08:00

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.

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

2009-08-28T06:10:00.000+08:00

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, http://t4tbh.blogspot.com/, 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.

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

2009-08-26T22:38:00.000+08:00

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

2009-08-26T22:17:00.000+08:00

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

2009-08-26T21:22:00.002+08:00

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.

PAS wins Permatang Pasir - Malaysiakini

2009-08-25T19:27:00.002+08:00

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: www.malaysiakini.com

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

2009-08-25T00:26:00.001+08:00

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

2009-08-25T00:22:00.001+08:00

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.

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

2009-08-22T12:56:00.001+08:00

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.

Selamat Menyambut Bulan Ramadhan Al-Mubarak

2009-08-21T22:59:00.001+08:00

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

2009-08-21T22:54:00.001+08:00

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

AG files motion against Selangor govt circular - Star

2009-08-20T22:56:00.000+08:00

By MAZWIN NIK ANIS

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

2009-08-20T22:47:00.002+08:00

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: http://mt.m2day.org/2008/content/view/25886/84/

A blatant lie, says former law partner - Malaysiakini

2009-08-20T14:16:00.002+08:00

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: www.malaysiakini.com

Bar Council: Rohaizat disbarred for personal misconduct - Star

2009-08-18T15:04:00.002+08:00

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.

Straight fight between BN and PAS - Star

2009-08-17T21:51:00.007+08:00

Aug 17, 2009

By DERRICK VINESH, IAN MCINTYRE, CHRISTINA CHIN, ANN TAN and M. SIVANANTHA SHARMA

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.

Pakatan, MIC supporters face off over Maika - Star

2009-07-30T16:15:00.000+08:00

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

2009-07-30T16:12:00.000+08:00

Jul 30, 2009 By CLARA CHOOI

clara.chooi@thestar.com.my

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.

Perak Pakatan wants PSC rep's termination reviewed - Star

2009-07-28T15:37:00.001+08:00

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.

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

2009-07-27T12:23:00.001+08:00

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.

He was to be married tomorrow - Malaysiakini

2009-07-16T23:59:00.001+08:00

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

2009-07-16T23:57:00.001+08:00

Jul 16 2009 By M. MAGESWARI
mages@thestar.com.my

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.

Selangor exco’s aide falls to death - Star

2009-07-16T23:50:00.004+08:00

Jul 16 2009

Teoh Beng Hock, political secretary of Sri Kembangan assemblyman Ean Yong Hian Wah, was found dead at Plaza Masalam, nine floors below the MACC office. Teoh was assisting the MACC in an investigation into the alleged abuse of constituency funds by several assemblymen.

SHAH ALAM: The aide to a Selangor state executive council (exco) member who was assisting the Malaysian Anti-Corruption Commission (MACC) in an investigation was found dead at Plaza Masalam, nine floors below the MACC office.

A janitor found the body of Teoh Beng Hock, 30, the political secretary of Sri Kembangan assemblyman Ean Yong Hian Wah, sprawled on the fifth floor of the 20-storey building at about 1:30pm on Thursday.

Teoh was taken to the MACC office at 6pm on Wednesday to assist in the graftbusting agency’s investigation into the alleged abuse of constituency development funds by several state assemblymen.

The Plaza Masalam building where Teoh fell to his death.

MACC officers had earlier that day raided Ean Yong’s office at the state secretariat building, seizing a desktop computer belonging to the state government and a laptop computer belonging to Teoh.

MACC director of investigation Datuk Mohd Shukri Abdull said Teoh -- a former journalist with Sin Chew Daily -- was released at about 3:45am on Thursday after his officers had finished recording his statement.

He said Teoh did not go back but was seen loitering in the building and had asked to rest for a while at the pantry.

“No one saw him after that until we were alerted that a body had been found on the fifth floor at about 1:30pm,” he said, adding that Teoh was a witness in the MACC investigation.

The MACC office, located on the 14th floor of the building, does not have any CCTVs installed.

Selangor Chief Police Officer Deputy Comm Datuk Khalid Abu Bakar, who was present at the scene on Thursday evening, said police would be interviewing the people who were last seen with Teoh.

“There is not going to be any cover-up in this investigation, and I assure the public and his family that we will conduct a thorough investigation into his death.

“We have requested for a private as well as a government pathologist to be present and assist us in our investigations,’’ he said.

Since Tuesday, the MACC has raided the offices and service centres of several assemblymen, including Ean Yong and Kampung Tunku assemblyman Lau Weng San.

Others under investigation are Teresa Kok (Kinrara assemblyman), Elizabeth Wong (Bukit Lanjan), Dr Cheah Wing Yin (Damansara Utama), Edward Lee (Bukit Gasing) and Hannah Yeoh (Subang Jaya).

Thorough and open investigation
DAP leaders asked for a thorough investigation into Teoh’s death.

Party deputy chairman Dr Tan Seng Giaw said the incident should not have happened and that the police must investigate the case.

”It is a sad thing,” he told reporters after attending a Public Accounts Committee hearing in KUALA LUMPUR on Thursday.

DAP publicity secretary Tony Pua said the MACC should be held responsible for Teoh’s death since he was under its care.

”Whatever it is, he was under its (MACC’s) care. It was going on a fishing expedition when (conducting investigation on DAP state assemblymen),” he said.

DAP secretary-general Lim Guan Eng said the MACC should stop its “political persecution” of Pakatan Rakyat members, especially DAP leaders and members, that does not serve the interest of fighting corruption.

“Such political games have caused the loss of life of a bright young idealistic DAP member,” said Lim, who is also Chief Minister of Penang.

“There must be full transparency and accountability,” he said.

Lim said the party extended its condolences to Teoh’s family for the tragic loss and assured them that all steps would be taken to ensure that the culprits responsible be punished.

Sodomy trial: Anwar loses lead counsel- Sun

2009-07-15T20:59:00.001+08:00

By S.Tamarai Chelvi

KUALA LUMPUR (July 15, 2009) : Datuk Seri Anwar Ibrahim's lead counsel Sulaiman Abdullah today discharged himself in the former's sodomy trial due to ill health.

Anwar who was present in the High Court for the hearing of an application to obtain several documents relating to his sodomy trial, said Sulaiman informed him at about 6pm on Tuesday that he was discharging himself from the case for the time being as he was still being hospitalised.

He said Sulaiman did not want the case to be delayed because of him and told him to discuss and find another lawyer to replace him.

"He had prepared himself very well and I have very much confident (in him)," said Anwar. (On July 8, the court was informed that Sulaiman was admitted to Kuala Lumpur Hospital on July 6 to undergo investigation for an episode of sudden giddiness.)

Lawyer S N Nair, who also represents Anwar said the defence team had asked for an adjournment to appoint a new senior counsel.

"This is a very 'high profile' case and Sulaiman has the experience, which is more than 30 years (as a lawyer) to handle the case. Anwar wants a person of similar stature to handle the case," said Nair.

However, Nair said the judge (Datuk Mohamad Zabidin Diah) rejected the request for adjournment and "told us to proceed with one of the lawyers. (Anwar is represented by nine lawyers, including Sulaiman.)

Nair said his "client has a right of choice" to have a lawyer to argue the case.

He said Article 5 of the Federal Constitution guarantees a litigant or a lawyer of his choice to conduct the trial.

Nair said they need time to appoint another lawyer with experiences such as Sulaiman, who is the most senior in the team.

He said senior counsels can expand on their arguments better than junior counsels.

He also said none of them have 30 years of experience.

Anwar is charged with sodomising Mohd Saiful Bukhari Azlan, his former personal aide, in Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, last year.

PKFZ: Ling denies giving guarantee - Sun

2009-07-15T20:56:00.000+08:00

By Giam Say Khoon

KUALA LUMPUR (July 15, 2009) : Former Transport Minister Tun Dr Ling Liong Sik today told Parliament's Public Accounts Committee that the first and only letter of support he issued for the controversial Port Klang Free Zone project was not a government guarantee.

Ling's letter of support was probably the most important document to come under scrutiny during a three-hour inquiry by the PAC on the RM4.9 billion project, which reportedly benefited from three other similar letters issued by Ling's successor Tan Sri Chan Kong Choy who is scheduled to be summoned next week.

Ling, who was the longest serving MCA president, is the first former minister to appear before the PAC on the PKFZ issue, on which an independent audit report by PricewaterhouseCoopers (PwC) was made public recently.

After the PAC hearing, its chairman Datuk Seri Azmi Khalid told reporters that Ling told them he signed the letter of support issued on May 23, 2003, under the suggestion of the ministry's secretary-general and advice from legal advisors.

"It is not a letter of guarantee and it has no financial implication on the government," he said.

Ling had waved to reporters when he arrived for the inquiry, but evaded the press when he left.

The PKFZ project, one the Port Klang Authority could ill afford, is of public interest because it received a soft loan of RM4.6 billion from the government. The project was done in one go, instead of in phases, and there is not enough business generated there currently for the project to pay for itself.

It has been reported that Chan issued the three lettters of support on April 23, 2004, Dec 8, 2005 and May 23, 2006. He had also denied that they were government guarantees, although detractors have argued that the wording of the letters seem to suggest so.

Azmi said Ling was only involved in the initial part of the project and he was not involved in the implementation stage.

He said Ling was cooperative and gave his part of the story on the project and how the 405-hectare site (in Pulau Indah) was identified.

"We had posed a few questions regarding the decisions he made. He answered all except for some that he had forgotten as the incident happened years ago.

"The interview with him is part of our effort to summon all related parties, including all former ministers as well as current Transport Minister Datuk Seri Ong Tee Keat, who will also appear before the committee tomorrow (Thursday)," he said.

Azmi also said among other issues raised by the committee included the purchase of the PKFZ land and why the bonds for the project were not issued on the government's guarantee as well as why the project was not developed in phases.

"The PKFZ had been developed at one-go with a large amount of expenditure. It has been completed but only 14% of the project can be rented out and because of that, viability of the project is affected.

"We want to know how the decision was made and by who. We also want to know why the Finance Ministry's officers had not brought the issue to their superior and let it happened," he said, adding that the committee will compile all the interviews into a report to Parliament in October.

As for Chan's turn to be interviewed, Azmi said Chan is to be summoned next week.

Asked what would happen if the parties invited to the hearing refused to abide, Azmi said the PAC invitation is an invitation by Parliament, and refusal to do so is deemed a contempt of Parliament.

Khir Toyo, BN reps suspended from Assembly - Star

2009-07-15T20:54:00.000+08:00

Jul 15 2009 By WANI MUTHIAH and CHRISTINA TAN

SHAH ALAM: The Selangor State Assembly has suspended former mentri besar Datuk Seri Dr Mohd Khir Toyo and four other Barisan Nasional assemblymen for one year and six months each respectively.

All their privileges as assemblymen have also been revoked for the suspension period.

The state assembly’s Rights and Privileges Committee had recommended Dr Mohd Khir’s suspension without privileges for not attending the Select Committee on Competence, Accountability and Transparency (Selcat) inquiry and for allegedly making disparaging remarks against the committee in the media.

The other four Barisan assemblymen -- Datuk Warno Dogol (Sabak Bernam), Datuk Mohd Idris Abu Bakar (Hulu Bernam), Mohd Isa Abu Kassim (Batang Kali) and Datuk Marsum Paing (Dengkil) -- were also suspended for attacking Selcat in the media.

All hell broke loose at the Assembly earlier Wednesday when Dr Mohd Khir came out with guns blazing to shoot down the motion to suspend him and the other four from the House.

After a tirade against the motion during the debate, he and 18 other Barisan assemblymen then walked out and collectively announced to the media that they would be boycotting the current state assembly session.

When debating the motion to suspend him and his colleagues, Dr Mohd Khir lambasted the state government for “going against natural justice” by recommending the suspension.

He said Selcat had acted unfairly by not providing necessary documents to the Malaysian Anti-Corruption Commission (MACC) for investigations to be carried out after the inquiry.

He also accused the state government of orchestrating the Selcat inquiry to “hide its inefficacy in governing the state.”

He called the Pakatan Rakyat coalition “brittle” and said it was a “sinking ship.”

“During my tenure as mentri besar, the state was never in such bad condition nor had it lost so much investment,” he claimed.

He said Selcat was “incomprehensible,” adding that was some confusion over whether the inquiry was to investigate the Wives of Selangor Assemblymen and MPs Welfare and Charity Organisation (Balkis) or evaluate state-owned companies.

He said he did not attend the hearing because he was not a member of Balkis and that he and his BN colleagues were slapped with suspensions because they addressed the state government’s weaknesses.

Complainant, prosecutor and judge
Dr Mohd Khir also took potshots at DAP assemblymen Ronnie Liu and Ng Suee Lim.

He said that his suspension was unfair because Selangor Speaker Teng Chang Khim had played the role of “complainant, prosecutor and judge.”

He said Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia had not participated in the suspension of Puchong MP Gobind Singh Deo earlier this year, and Teng should have done the same and stayed above the fray.

Dr Mohd Khir also cited several provisions in the Standing Order, claiming that not adhering to the order of a legislative assembly committee was not tantamount to contempt of the House.

At a press conference later, Teng lambasted accused Dr Mohd Khir of misleading the public.

Accompanied by Deputy Speaker Haniza Talha, Teng said none of the Standing Order provisions cited by Dr Mohd Khir were correct or relevant.

He read out clauses from the Standing Order which stated that an act of contempt towards the legislative assembly’s committees was equivalent to contempt of the House.

Teng also said Standing Order provisions allowed him to be complainant, prosecutor and judge when the need arose.

He said this was reflected by his decision to throw Dr Mohd Khir out of the House on Monday for calling Teng biased.

“He is talking about ordinary court proceedings but this is the legislative assembly,” said Teng.

“In Gobind’s case, the MP was ordered out of the House for calling then Deputy Prime Minister Datuk Seri Najib Tun Razak names.

“The following day, Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz tabled a motion to suspend him and he was suspended without being referred to the Rights and Privileges Committee.

“The Speaker did not participate because Speakers do not participate in debates and the motion was tabled by the Government,” said Teng.

He said it was a different scenario in Selangor because Dr Mohd Khir was given a chance to defend himself.

He said the former mentri besar had appeared before the legislative assembly’s Rights and Privileges Committee with seven lawyers, but had refused to say anything to defend himself.

Transcripts of the proceedings were made available to the press.

On Dr Mohd Khir’s allegation that Selcat had refused to give the relevant documents to the MACC, Teng said the findings cannot be revealed before they are tabled in the House.

“They have since been tabled and the MACC can get copies of the findings now,” said Teng, adding that the MACC had been invited to attend Selcat’s public hearing but it had not sent a representative.

MACC raids Selangor exco man's office - Star

2009-07-15T20:53:00.001+08:00

Jul 15, 2009 By WANI MUTHIAH

SHAH ALAM: Malaysian Anti-Corruption Commission (MACC) officers raided Selangor executive council member Ean Yong Hian Wah’s office at the state secretariat building here Wednesday.

The team, comprising officers from the MACC’s Selangor and Putrajaya divisions, seized a personal laptop belonging to Ean Yong’s political secretary Teoh Beng Hock and a desktop computer belonging to the state government.

Teoh, 30, was also taken by the officers to the Selangor MACC office to assist in the investigation.

The officers had gone to Ean Yong’s 15th floor office at about 3:45pm but left after seeing a big group of journalists there. They returned about 15 minutes later when the journalists had left the scene.

Ean Yong, who is the Seri Kembangan state assemblyman, said the officers had initially left the office because they were uncomfortable with the media presence there.

He added they had visited his service centre in Sri Kambangan at about 12:30pm before coming to the state secretariat building.

Meanwhile, Kampung Tunku assemblyman Lau Weng San said the MACC officers had also raided his service centre.

Lau said the MACC had asked him questions about community programmes he had organised.

Ean Yong and Lau are among seven Pakatan Rakyat elected representatives from the Petaling District who are allegedly being investigated by the MACC over the disbursement of state funds allocated to their respective constituencies.

The others are Teresa Kok (Kinrara), Elizabeth Wong (Bukit Lanjan), Dr Cheah Wing Yin (Damansara Utama), Edward Lee (Bukit Gasing) and Hannah Yeoh (Subang Jaya).

Kok had said in a press conference on Monday that even the recipients of the allocations were quizzed by the MACC.

Manek Urai: PAS wins by 65 votes - Malaysiakini

2009-07-14T22:07:00.001+08:00

Jul 14, 09 3:48pm

Kelantan PAS leader Husam blamed the narrow victory on vote buying. He said PAS had lodged a report over the matter and hoped that action would be taken.

According to him, BN should build a new bridge in Manek Urai as it has won the polling station in that area.

"We lost as a result of money politics,” he said. He nevertheless congratulated Manek Urai voters for resisting the 'bribes' offered by Umno to allow PAS to retain the seat. Hatta said that the bridge was "far too tempting" for some voters.

Husam also denied that Nik Aziz's influence was diminishing.

When asked whether the controversy involving party's No 2 Nasharuddin Mat Isa had a impact on the outcome of the by-election, he skirted the question by saying it was a naughty question.

Meanwhile, new state representative Mohd Fauzi Abdullah said he respected the decision of the voters and that he would serve the constituents despite scoring a reduced majority.

Dr Khir ejected from assembly sitting- Star

2009-07-13T22:49:00.001+08:00

Jul 13, 2009 By WANI MUTHIAH and CHRISTINA TAN

newsdesk@thestar.com.my

SHAH ALAM: Selangor Opposition leader Datuk Seri Dr Mohd Khir Toyo was thrown out of the state legislative assembly Monday for accusing Speaker Teng Chang Khim of being biased.

Teng had ordered Dr Mohd Khir to retract the allegation and apologise, but the former mentri besar adamantly refused to do so.

Teng then ordered him to leave. The Sg Panjang assemblyman left the chambers accompanied by other Barisan Nasional legislators.

The drama began at about 11:30am when Sekinchan assemblyman Ng Suee Lim informed the house that Dr Mohd Khir’s lawyers had handed him a legal notice at the state assembly premises.

The lawyers had tried to hand over the legal notice to Ng last Friday at the assembly premises as well, but the DAP assemblyman had refused to accept the document.

The legal notice was to inform Ng that Dr Mohd Khir had instituted a defamation suit against him over his allegation that the former mentri besar had spent RM24 mil to purchase a luxury bungalow here.

Ng asked Teng if this was permissible under the Standing Order and if doing so was tantamount to disrespecting the House.

Teng referred to the Standing Order and said it stated that no legal notices or court orders could be handed over at the premises of the legislative assembly.

“This contravenes the immunity enjoyed by elected representatives when in the House and it is also a show of disrespect towards the legislative assembly,” said Teng.

He warned Dr Mohd Khir not to repeat the action and asked him to remind his lawyers not to do so either.

“As lawyers they should have known this as it is a Constitutional convention ... this is something that even first year law students know.

“It’s a practice that has been in place for over a hundred years.

“It also happened in Parliament once and the Speaker there had ruled that it cannot be done in the premises as it contravened parliamentary immunity,” said Teng.

Dr Mohd Khir then told Teng the Standing Order only stated that it cannot be done in the assembly chambers and not anywhere else within the premises.

“It meant only in the House (chamber) not when out of the House. That’s why everyone can talk outside, including reporters.

“That is also why reporters are not allowed inside the House (chamber),” he said, adding that the notice was handed over to Ng at the parking lot.

Teng then asked Dr Mohd Khir to specify which Standing Order stated so and when the Opposition legislator failed to do so, the Speaker raised his voice.

Dr Mohd Khir then told Teng that Kinrara assemblyman Teresa Kok had placed a legal notice on his table during the assembly seating earlier this year.

Teng then retorted that Dr Mohd Khir should have reported to him when the alleged incident had taken place.

Teng repeatedly asked Dr Mohd Khir to specify the Standing Order which allowed legal notices to be handed out in the legislative assembly premises.

The explosive exchange that followed not only silenced the House but also shocked a group of college students who were watching the proceedings in the lobby.

Dr Mohd Khir: “I plead with the Speaker not to be biased.”

Teng: “Retract that statement.”

Dr Mohd Khir: “I will not retract.”

Teng: “Retract or leave. No legislative assembly has accused the Speaker as being biased. I am giving you a chance to apologise.”

Kampung Tunku assemblyman Lau Weng San then stood up to speak but was ordered to sit down by Teng, who said that he was capable of dealing with the situation.

Dr Mohd Khir, who left the assembly, told reporters waiting for him at the lobby that he was disappointed with Teng for telling him to leave.

He reiterated that Kok had placed a legal notice on his table in the House and he had accepted it “without much ado.”

He alleged that there were many personal attacks leveled against him in the House, and added that the proceedings in the House “reeked of personal agendas.”

“They don’t even know how to govern the state,” he said.

Later in a press conference, Dr Mohd Khir said that he would be instituting legal action against Teng.

During lunch break, Ng claimed that a legal firm representative had handed him the notice at the legislative assembly dining hall and not the parking lot as claimed by Dr Mohd Khir.

Komen negatif Najib: Pengacara ntv7 kena tukar - Malaysiakini

2009-07-13T22:43:00.002+08:00

Ng Ling Fong & Yong Kai Ping
Jul 13, 09 8:03pm

Semuanya berpunca daripada kenyataan salah seorang tetamu jemputan dalam programnya - Point of View - di ntv7 yang memberi pemeringkatan 'C' atau 'D' terhadap prestasi Perdana Menteri, Datuk Seri Najib Razak bagi 100 hari pentadbirannya.

Ekoran itu, pengacaranya, Florence Looi menerima surat amaran dan terus ditukar ke meja berita stesen swasta tersebut.

Looi didakwa telah melanggar dasar redaksi pengarangnya, kata sumber-sumber ntv7.

Dua tetamu jemputan program tersebut - yang dipancarkan pada 5 Julai lalu - ialah penulis Syed Akhbar Ali dan editor perunding, Leslie Lau dari Malaysian Insider. Lau yang memberi pemeringkatan 'C' atau 'D' bagi pentadbiran Najib.

Sumber-sumber itu berkata, Looi selepas itu diberitahu secara lisan bahawa dia tidak seharusnya meminta mereka memberi pemeringkatan terhadap prestasi Najib,

Oleh kerana Looi merupakan pengacara yang juga penerbit program tersebut, maka hanya dia seorang sahaja yang diberi surat amaran tersebut.

Looi, yang merupakan editor tugasan, kemudiannya telah ditugaskan untuk membuat liputan berita, atas alasan kekurangan petugas di meja berita.

Insiden tersebut mungkin 'menguburkan' program 'Point of View', yang baru tamat musim keduanya. Sehingga ini, belum ada pengumuman sama ada program itu akan dilanjutkan ke musim ketiganya.

Bagaimanapun, sumber-sumber itu percaya, sekiranya program itu diteruskan, ia akan dikendalikan oleh pengaracara baru.

Ketika dihubungi, Looi enggan mengulas mengenainya dan usaha untuk menghubungi pihak pengurusannya juga belum berhasil.

Ntv7 adalah salah sebuah daripada empat stesen TV swasta milik syarikat gergasi media - Media Prima Bhd - yang ada kaitan dengan Umno. Tiga lagi stesen miliknya ialah TV3, 8TV dan tv9.

Begitu juga dengan berita mengenai banglo mewah milik bekas menteri besar Selangor, Datuk Seri Dr Mohd Khir Toyo di Shah Alam di mana ianya hanya sempat disiarkan dalam berita Mandarin jam 5.30 petang di ntv7.

Selepas itu, berita itu tidak lagi disiarkan oleh buletin berita di stesen lain milik Media Prima.

'Hanya satu pandangan'

Sementara itu, pengarah eksekutif Pusat Kewartawan Bebas, V Gayathry membidas ntv7 kerana mengamalkan saringan kendiri.

“Komen oleh tetamu jemputan mengenai pretasi (Najib) bukanlah sesuatu yang kritikal, tetapi hanya satu pandangan,” katanya.

Menurutnya, Looi dihukum kerana bertanyakan satu soalan penting ketika semua orang lain membuat penilaian tentang prestasi Najib.

“Program tersebut telah memberi ruang yang baik untuk perbincangan (dan Looi menjalankan tugasnya dengan baik),” tegasnya.

Menurut Gayathry lagi, ketika Najib dilantik perdana menteri, Media Prima telah mengeluarkan arahan kepada empat stesen TV miliknya itu supaya tidak menyebut nama penganalisis politik - Abdul Razak Baginda - ketika melaporkan perbicaraan kes pembunuhan Altantuya Shaariibuu. Razak merupakan teman karib Najib.

"Kita ingin bertanya sama ada menjadi dasar Najib di mana mereka yang ditempatkan di stesen TV, mengamalkan saringan kendiri,” tambah Gayathri.

Program 'Point of View' disiarkan jam 6 petang hari Ahad. Tetamu jemputannya membincangkan tajuk-tajuk panas seperti Akta Keselamatan Dalam Negeri (ISA), dasar penukaran bahasa, pendidikan bahasa ibunda, tanggungjawab pihak polis dan yang terbaru, skandal PKFZ.

Sejak Najib mengambil alih kuasa, pegawan tinggi media yang ada kaitan dengan mantan perdana menteri, Tun Abdullah Ahmad Badawi telah diganti.

Mereka yang berkhidmat sewaktu pentadbiran Tun Dr Mahathir Mohamad telah dilantik semula menerajui media, sehingga mencetuskan persepsi akan mewujudkan suasana media yang lebih banyak sekatan.

Bekas pengarang kumpulan New Straits Times, Datuk Ahmad Talib kini dilantik sebagai pengarah eksekutif berita dan operasi jabatan pengarang di Media Prima, serta sebagai pengarah ksekutif (jabatan pengarang) di New Straits Times Press.

Bekas pengarang kumpulan Berita Harian, Datuk Manja Ismail dilantik sebagai pengarang kumpulan NTV7, 8TV, TV9 dan rangkaian radio, bagi membantu Ahmad.

Dr M: I don’t believe Khir’s mansion costs only RM3.5mil - Star

2009-07-11T15:51:00.000+08:00

Jul 11, 2009

KUALA LUMPUR: Tun Dr Mahathir Mohamad is not convinced with former Selangor Mentri Besar Datuk Seri Dr Mohamad Khir Toyo’s claim that his controversial mansion costs only RM3.5mil.

“He cannot simply say he bought the mansion for RM3.5mil. I believe it is more than that,” he said.

“I also have a home in Seri Kembangan. I have spent RM1mil on it, but this (Dr Khir’s mansion) is massive - many times bigger than mine,” he said.

Dr Mahathir was met by reporters after attending a closed-door meeting on the position of the institutional monarchy and the Malays in the Federal Constitution from the 1Malaysia perspective at the Putra World Trade Centre, here, yesterday.

Asked if the matter could tarnish Umno’s image, he said: “Yes, I think so. He has to explain where he got the money to buy the house.”

On Monday, Sekinchan assemblyman Ng Suee Lim alleged that Dr Khir’s property was worth RM24mil, but the latter had denied it saying that he secured a RM3.5mil loan to buy the house five years ago.

Mohd Khir said he took the loan from HSBC and had no problem servicing the monthly repayment of RM18,743 as he was now involved in business from which he was making RM50,000 a month.

It was also reported that the Malaysian Anti-Corruption Commission will investigate Ng’s allegation that Dr Khir spent RM24mil to build the Balinese-style mansion in Section 7, Shah Alam during his tenure as the Mentri Besar.

MACC chief commissioner Datuk Seri Ahmad Said Hamdan said the commission would get more details from the Selangor government.

Lagi gema gugurkan Rosmah di Unisel - Malaysiakini

2009-07-10T18:07:00.001+08:00

Jul 10, 09 2:57pm

Keinginan menggugurkan isteri perdana menteri Rosmah Mansor sebagai canselor Universiti Industri Selangor (Unisel) bergema semula malam tadi di satu majlis yang dihadiri Datuk Seri Anwar Ibrahim.

Para pelajar yang menghadiri "Forum dan Pidato Memperkasakan Mahasiswa & Realiti Politik Kampus" bersama penasihat PKR sebulat suara menolak isteri Datuk Seri Najib apabila diajukan isu tersebut.

Hanya seorang pelajar yang mengangkat tangan apabila Anwar bertanya sama ada wajar wanita pertama negara dikekalkan sebagai canselor Unisel - seperti ditegaskan menteri besar, tahun lalu.

Menurut lamab web penyokong mantan timbalan perdana menteri itu, isu itu berbangkit semula apabila seorang daripada lebih 1,000 pelajar mengemukakan cadangan menukar naib canselor mereka kini.

"Seluruh pelajar Unisel bertepuk menyatakan persetujuan," satu coretan blog Anwar Ibrahim Club dipetik.

Susulan cadangan itu dalam sesi soal jawab selepas ucapannya selama sejam, Anwar kemudiannya meminta pelajar-pelajar yang ingin Rosmah diganti agar mengangkat tangan tanda bersetuju.

"Riuh rendah keadaan bila seluruh dewan yang sesak dengan pelajar-pelajar, termasuk beberapa pensyarah juga, mengangkat tangan dan bertepuk menandakan persetujuan mereka," laporan blog itu dipetik.

Desakan yang sama pernah disuarakan oleh pergerakan Pemuda Pakatan Rakyat awal November lalu tetapi ia segera ditolak oleh Tan Sri Abdul Khalid Ibrahim.

Dalam surat bantahan 5 November lalu, mereka mendakwa Rosmah "tidak memiliki keunggulan keilmuan yang sewajibnya ada pada gedung ilmu."

Unisel, yang ditubuhkan pada 1999, melantik Rosmah sebagai canselor pertamanya pada Ogos 2006.

Ia diuruskan oleh Pendidikan Industri Yayasan Selangor Sdn Bhd (PIYSB) yang dipengerusikan oleh menteri besar.

Pakatan leaders: Delay in scrapping PPSMI damaging - Malaysian Insider

2009-07-10T17:15:00.003+08:00

Lim described the decision to scrap the English policy as ‘irresponsible’. — File pic By Syed Jaymal Zahiid

KUALA LUMPUR, July 10 — Pakatan Rakyat leaders blasted the government for the delay in the dismantling of the teaching maths and science in English programme (PPSMI), claiming it would only worsen the damage already done by the initiative.

The DAP's Lim Kit Siang, in a statement, said the decision to discard PPSMI only by 2012 was an irresponsible and unprofessional decision "as it would turn millions of students into guinea pigs of a failed experiment twice in a decade."

He said students in Form 1 this year will continue to be taught maths and science in English until Form 3 in 2011 after already having spent the past six years in primary school under the PPSMI.

"However, when they come to Form 4 in 2012, they will become 'guinea pigs' a second time, when the medium of instruction for these two subjects is switched back to Bahasa Malaysia in line with the Cabinet decision," lamented Lim.

This means those students will have to cope with maths and science in Bahasa Malaysia when they sit for the important SPM examinations.

" And it's not only this batch of students who will be victimised and made second-time guinea pigs, but an entire generation of school-going children from 2003 to 2013 and beyond," stressed Lim.

The DAP veteran also took a swipe at MCA and MIC for their failure to convince the Umno heads of government to continue with the teaching of the two subjects in English to Form 4 and 5 students despite admitting that it was the best solution.

Deputy Prime Minister and Education Minister Tan Sri Muhyiddin Yasin said two days ago that the programme, which cost RM4 billion to implement, must first complete the second phase of its six-year cycle before the government can discard it.

He said this would give the government, students and teachers ample time to make preparation for the changes.

PKR deputy president Syed Husin Ali, backing his PR comrade, described the delay as absurd and irresponsible and said PPSMI should have never been implemented in the first place.

Syed Husin, who leads the left-wing faction in a centralist-dominated PKR, also blasted the government for its failure to give concrete reasons for the delay in jettisoning the PPSMI.

While the political parties bicker about it, society at large remained divided over the subject with those from the urban areas demanding that the programme be continued while those in the rural areas supporting its abolition.

And parties from both sides have so far failed to come up with an alternative that would garner common support from the diversely opinionated public.

Let’s discuss oil royalty in public: PAS - Star

2009-07-10T17:13:00.001+08:00

Jul 10, 209 By IAN McINTYRE

ianm@thestar.com.my

KUALA KRAI: Kelantan PAS wants to have a public forum with representatives from Petronas and Umno to discuss the state’s demand for over RM1bil in oil royalty.

It can be held before the Manek Urai state by-election on July 14, state PAS elections director Abdul Fatah Haron said.

“Since there is much confusion, a public forum is the best way to resolve the issue which has been dragging on for the past two decades,” he told the media.

Kelantan claims that the Federal Government owes the state RM1bil in petroleum royalty from the exploration of oil and gas in the state since 2004. States like Terengganu, Sabah and Sarawak have all enjoyed such royalty except Kelantan, which is under PAS rule.

On the by-election, Abdul Fatah said PAS has entered its second phase of the Manek Urai campaigning, having covered 70% of the constituency since it began Monday.

The seat fell vacant following the death of PAS assemblyman Ismail Yaacob on May 24.

In the 2008 general election, Ismail, a five-term assemblyman, defeated Barisan candidate Zulkifli Omar with a 1,352 majority votes.

The by-election will see a straight fight between Barisan Nasional’s Tuan Aziz Tuan Mat and PAS’ Mohd Fauzi Abdullah.

Kedah DAP to rejoin state Pakatan - Star

2009-07-10T17:11:00.000+08:00

Jul 10, 2009 By EMBUN MAJID

ALOR SETAR: Kedah DAP will rejoin the state Pakatan Rakyat coalition after Mentri Besar Datuk Seri Azizan Abdul Razak said he would set up an action committee to discuss state issues.

Kedah DAP chairman Thomas Su said that the decision was made during the state DAP committee meeting here.

“We will inform the DAP Centre Executive Committee about our decision and we will retract our letter to quit the state Pakatan,” he told newsmen during a press conference here Friday.

He said that the assurance given by Azizan during the meeting with DAP adviser Lim Kit Siang had renewed the state DAP’s confidence in the PAS-led government.

He said that the setting up the action committee would enable the coalition parties in Pakatan to voice their opinion regarding any state issue.

The state DAP had suggested that six people each from PAS, DAP and PKR sit in the committee and the committee meet at least once a month, he said.

Su also said that Azizan had given the assurance that he would settle the matter regarding the relocation of the illegal slaughterhouse in Kampung Berjaya, Jalan Putra here.

He said that the new site would be in Kampung Sungai Tok Pawang in Gurun.

Su said he believed that there would be a problem with the new site as the land was already used for pig rearing.

Azizan had also assured that the state would speed up the process to allow the construction of the slaughterhouse at the new site, he said.

On July 1, Su announced that Kedah DAP had pulled out from the state Pakatan Rakyat coalition, saying the PAS-led government was not giving equal treatment to all Kedahans.

He was quoted as saying that this included the demolition of an illegal pig slaughterhouse at Kampung Berjaya, Jalan Putra here.

He said the state government had failed to handle the issue properly.

During Friday’s press conference, Su denied that the state DAP decision to quit the state Pakatan was merely a threat.

He said that the earlier decision was made because the state DAP had lost confidence in the PAS-led government.

“Azizan has given his assurance and I believe that everything will go well from today onwards,” he said.

Dr Khir's Mansion A Hot Topic In Selangor Assembly

2009-07-09T22:20:00.000+08:00

SHAH ALAM, July 9 (Bernama) -- Former Selangor Menteri Besar's 'palatial mansion' in Section 7 here, reportedly worth RM24 million, was among hot topics discussed at the Selangor state assembly here on Thursday.

Sekinchan state assemblyman Ng Suee Lim (DAP) questioned Dr Khir's financial means for the purchase of the mansion situated on two plots of land measuring 50,000 sq ft or 1.17acres when he was the Selangor Menteri Besar.

Ng raised the issue during the debate on an extra RM120 million budget allocation for 2009.

Earlier Ng quipped that the people of Kajang, where Dr Mohd Khir's clinic was located, must have been lining up to extract their tooth at his dental clinic, for him to be able to earn a hefty income before becoming the Menteri Besar.

Dr Khir explained that his income as a dentist was high because he not only specialised in dentistry but also specialised in cosmetic dentistry and that the cost of a dental implant was anything between RM40,000 to RM50,000.

The former Menteri Besar said even before becoming a Menteri Besar, he was driving a Mercedes Benz.

Ng later urged Dr Khir to produce evidence of his income tax payments.

As the debate went on, Lau Weng San (DAP-Kampung Tunku) stood up to ask whether Dr Khir was willing to sell his mansion for RM8 million, which was actually twice the purchase price of the mansion bought with a HSBC Bank loan three years ago.

However, Dr Khir said: "I am willing to sell the house for RM24 million as estimated."

Parents unhappy over decision to revert - Star

2009-07-09T16:47:00.002+08:00

Jul 9, 2009

KUALA LUMPUR: Many parents and students are very disappointed at the Cabinet’s decision to reverse the Teaching of Science and Mathematics policy.

Said mother of three Kam Swee Har: “Language is not just about teaching grammar and writing essays; it is the whole application of the language.

“The exposure is different when you’re learning technical subjects like Science or Maths.”

Engineer and father of four, Sulaiman Mahran, agreed: “Technical terms need to be absorbed in English, so strengthening English in general is not going to help in Maths and Science.”

Azra Banu, who has a child in Year Six, pointed out that it is the rural students who will lose out in the long run.

Businesswoman Haili Abdul Jamil, who has two children in Years One and Two, is seriously considering enrolling her children in an international school following the decision.

The impact of the decision is particularly hard on students who will enter Form Four in 2012.

Form One student Anisa Sulaiman is anxious about switching to Bahasa Malaysia in the two subjects when she gets into Form Four in 2012.

“I have been learning Maths and Science in English, so it will be difficult if we change the medium of instruction later on,” she said.

In Penang, Han Chiang High School Just English centre adviser Ooi Lay Le said the standard of English among students would drop if the two subjects were not taught in the language.

“We are going backwards,” said Ooi who has been teaching for 40 years.

SJK (C) Union Bahasa Malaysia Committee head Cheah Choo Suan, 55, said teaching the subjects in English would have helped broaden students’ knowledge of new terminologies and improve their command of the language.

Year Five student R. Abirami, 11, from SK Convent Green Lane, said it would be hard for her to adapt to the new system.

“We have memorised the scientific terms in English,” she said. “I’m afraid it will be hard to re-learn them in Bahasa Malaysia.”

In Johor, some parents are even considering sending their children to Singapore where they can learn in English.

Dr Santhi Sivalingam Moorthy, 41, said she would seriously consider transferring her three children, aged between five and 10, to Singapore schools now.

It’s saddening, says Mahathir - Star

2009-07-09T16:45:00.000+08:00

Jul 9, 2009

PUTRAJAYA: The future of our schoolchildren will be compromised with the Government reversing the teaching of Science and Mathematics from English to Bahasa Malaysia, Tun Dr Mahathir Mohamad said.

Dr Mahathir, who was behind the original policy of teaching both subjects in English, said his intention was to ensure that Malaysians were able to face global challenges at the earliest opportunity.

Expressing sadness on the policy reversal, he said schoolchildren would find it difficult to know more about the developments in the field of Science.

“These matters, of course, cannot be resolved overnight. But it’s the Government’s responsibility to train and supply capable teachers. I’m confident that our teachers will be able to study and teach in English,” he told reporters at his Perdana Leadership Foundation office yesterday.

Dr Mahathir said it was good that more teachers would be trained in English.

“But if we can train teachers to learn English, why can’t we do the same by training them to learn and teach Science and Mathematics in English?,” the former Prime Minister asked.

Dr Mahathir also questioned why no one protested when the medium of teaching in English in the colonial times was changed to Bahasa Malaysia.

“And at that time, not many teachers knew the national language. Now, it’s all right if we mix a little bit of Malay and English, but at the same time we need to improve the ability of our teachers too,” he added.

On his meeting with Deputy Prime Minister Tan Sri Muhyiddin Yassin, who is the Education Minister, before the new policy was announced, Dr Mahathir said he was only given a briefing.

MB vs MB: Nizar granted leave to appeal - Star

2009-07-09T16:40:00.000+08:00

Jul 9, 2009 By M. MAGESWARI

PUTRAJAYA: The Federal Court has granted Datuk Seri Mohammad Nizar Jamaluddin leave to appeal the Court of Appeal’s May 22 ruling that Datuk Dr Zambry Abdul Kadir was the rightful mentri besar of Perak.

However, the court rejected Nizar’s application for a stay of execution on the appellate court’s decision, which means Zambry will continue to act as the chief executive of the state.

Court of Appeal president Justice Alauddin Mohd Sheriff, who headed a three-man panel, granted the application to appeal after no objections were raised.

Justice Alauddin and the other two judges, Chief Judge of Malaya Justice Arifin Zakaria and Federal Court judge Justice Zulkefli Ahmad Makinuddin, however, unanimously refused to grant a stay order against the lower court’s ruling on May 22.

For the leave application, the apex court allowed the formulation of three questions:

·whether the Perak Mentri Besar’s post may be and/or has been vacated under Article 16(6) of the Perak Constitution;

·whether the determination of the issue of confidence in the Perak Mentri Besar has to be made by members of the legislative assembly in its meeting via vote of no-confidence or by other means;

·and if the Mentri Besar refuses to tender the resignation of the executive council, could he be dismissed from office, his post be deemed vacant, or his post vacated under the Perak Constitution.

The court, however, did not set a date to hear the leave application.

On May 11, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim granted a declaratory relief to Nizar that he still is and was the Mentri Besar (MB) at all material times. However, following an appeal by Datuk Dr Zambry Abdul Kadir, the Court of Appeal’s three-man panel on May 22 unanimously declared the latter as the rightful Perak MB.

In his suit filed on Feb 13, Nizar challenged the legitimacy of Dr Zambry and the new state government.

At the outset of the proceedings yesterday, Nizar’s counsel Datuk S. Ambiga informed the Bench that her client’s lead counsel Sulaiman Abdullah was unable to be present due to his health reasons.

Ambiga said the parties had resolved three questions for the leave application.

Attorney-General Tan Sri Abdul Gani Patail, who acted as intervener, and Datuk Cecil Abraham who represented Dr Zambry as lead counsel, confirmed to the panel that they had no objections for leave.

Ambiga then applied for a stay against the Court of Appeal decision.

In elaborating the grounds for the stay application, Ambiga said essentially many of Nizar’s policies had been reversed that was detrimental to the welfare of the people of Perak.

Among the actions which Ambiga submitted that Nizar claimed did not have any benefit for the people of Perak included the failure to implement welfare programmes for senior citizens and poor as per allocated budget, the delay in the implementation of Ipoh Sentral transport project, the approval of 14,000ha of land to private companies, the auction of 15 Camry cars used as officials cars by Nizar and former exco team, the cancellation of the service of 817 village heads and 342 councillors.

“That is our case for stay, so that no steps are taken to reverse any of those policies,” she said.

Cecil opposed to the stay saying that the court had no jurisdicton to interfere in the executive power of MB and his executive council.

“Whether the policy is right or not, it is up to the politicians,” he said adding that there was no special circumstance and it was highly improper to grant a stay of execution.

Cecil said he was prepared to expedite the hearing of the leave.

“If the stay is granted, the High Court order will be reinstated and the applicant (Nizar) will become the Mentri Besar. This is what the court should not do,” he urged.

Abdul Gani, who opposed the stay, noted that Dr Zambry was acting as MB to maintain his status quo and the state of affairs while Nizar failed to show special reasons to warrant for the stay.

In reply, Ambiga said the court must give an interim order to prevent prejudice against Nizar.

Speaking to reporters later, Nizar said he was not satisfied with the implementation of certain policies and applied for stay to ensure the status quo and welfare of the people of Perak.

“If an agreement is signed with a company, it will be difficult to reverse it,” he added.

A prima facie farce in Zambry v Nizar - Malaysiakini

2009-07-09T16:30:00.001+08:00

By NH Chan Jul 8, 09 12:01pm

Gobbledegook and regurgitation in Zambry v Nizar

I shall start with an aside on the dictionary definition of the two words which feature in the title of this article.

'Gobbledegook' means unintelligible language.

'Regurgitate' means repeat information without understanding it. 'Regurgitation' is the noun.

After you have read the article you should have an inkling of what I am trying to suggest with the words. You can then judge for yourself

There are only two points that really matter in this appeal: Clauses (2)(a) and (6) of Article 16 of the Perak constitution:

(2)(a) His Royal Highness shall first appoint as menteri besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly;

nizar appeal to federal court 190609 07(6) If the menteri besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

The language of these two clauses, Clause (2)(a) and Clause (6), is easy to understand.

There is no ambiguity. Clause (2)(a) is definitive. It is only in this clause that the Ruler has been given the discretion to appoint a Menteri Besar which is based on his judgment.

On the other hand, it is only in Clause (6) where it is said that if the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly then he would be able to ask the Ruler to dissolve the Assembly.

If the request for the dissolution of the Assembly is withheld by the Ruler (who has the discretion to do so under Article 1 8(2)(b)), the incumbent Menteri Besar has to tender the resignation of the Executive Council.

It is important that we notice that there is no provision for the incumbent Menteri Besar to resign. In fact, in the present case, the incumbent Menteri Besar Nizar had refused to resign even though .he was ordered by the Ruler to do so.

Of course, all of us know that the Ruler has no such power to order anyone to do anything. It was unconstitutional of the Ruler to do so.

While members of the Executive Council hold office at the pleasure of the Ruler, it is not so with the Menteri Besar. Clause (7) of Article 16 states:

(7) Subject to Clause (6) a member of the Executive Council other than the Mentri Besar shall hold office at His Royal Highness' pleasure,

That said, I return to the first part of Clause (6) which I am going to
discuss below.

The proper duty of the conjunction "if" is to introduce a conditional sentence.

The operative word in Clause (6) is the conjunction "if'. I refer to 'Fowler's Modern English Usage, Second Edition', where it says:

if. To avoid possible ambiguity it may be prudent to confine if to its proper duty of introducing the protasis of a conditional sentence, and not to use it as a substitute for though or whether or (with not) to introduce a possible alternative.

In case you do not know the meaning of the word "protasis", it means the clause that states the condition in a conditional sentence. In English the protasis is generally introduced by if or unless.

But don't trust Microsoft's word processor because it suggests the word "protasis" does not exist in the English language.

Of course, Fowler is the authority on the usage of the English language (Churchill wrote to the Director of Military Intelligence about the plans for the Normandy landings, "Why must you use intensive here?

Intense is the right word. You should read Fowler' s Modern English Usage on the use of the two words"). Or you may use a good dictionary, not a condensed one, and you will find the word.

nizar appeal to federal court 190609 04The dictionary meaning of the conjunction "if' means "on condition that, whenever" or "supposing that, in the event that".

In the present context, if is used to mean "on condition that, whenever".

So that Clause (6) is to read like this: On condition that "the menteri besar ceases to command the confidence of the majority of the Members of the Legislative Assembly, then," he can request the Ruler to dissolve the Assembly. This sentence means that "whenever" a Menteri Besar has ceased to command the confidence of the majority of the Assembly, he can request the Ruler to dissolve the Assembly. As stated in Fowler, the proper duty of "if' is to confine the word to introducing the protasis of a conditional sentence.

The condition in the sentence is that the MB's loss of confidence in the Legislative Assembly has to be established first before the MB can request the Sultan to dissolve the Assembly.

Therefore, it is only on the condition that a menteri besar has lost (ceased to command) the confidence of the majority of the Assembly before he can request the Ruler to dissolve the Assembly.

Definitely, it is not up to Nizar the incumbent menteri besar to say that he has lost the confidence of the Assembly.

How could he be sure of that without a vote being taken at the Assembly?

At best, Nizar could only be guessing. Obviously, the only way in which it could be shown with any degree of certainty that Nizar had lost the confidence of the majority of the members of the Assembly is to go to the Assembly itself for a vote to be taken.

But what happens when an MB had lost a formal vote of confidence in the Assembly and still refused to resign?

But then, one may ask the hypothetical question (because this is not the case here), what happens when an MB knows by a vote being taken in the Legislative Assembly that he has lost the confidence of the majority of the Assembly?

Can he refuse to resign? Professor Kevin YL Tan in his essay which appears on the web portal LoyarBurok tells us that: This happened in Kelantan in 1977 when its MB, Datuk Mohamed Nasir refused to resign even though he had lost a formal vote of confidence in the Kelantan LA, been sacked by his own party, and had his request for dissolution of the LA refused by the Sultan of Kelantan.

The impasse led to the declaration of a state of emergency by the Federal Government that lasted three months, after which the LA (legislative assemby)was dissolved for fresh elections.

zambry vs nizar court of appeal 220509Alas, this single precedent is not particularly instructive. No legal solution was possible and ultimately, the situation was resolved politically by the Sultan dissolving the LA and allowing fresh elections to be called.

Perhaps, all rulers and governors should, as a matter of course, accede to requests by their respective MBs to dissolve the LA for fresh elections to be called unless the ruler has a premonition that a calamity might befall the state if he so acceded.

That way, new mandates are quickly determined and the business of government can proceed once a new leadership is established.

Indeed, the sultan of Perak supported this view of a ruler's powers when he was Lord President.

In his 1992 essay, 'The Role of Constitutional Rulers', he opined: "... under normal circumstances, it is taken for granted that the Yang diPertuan Agong would not withhold his consent to a request for dissolution of Parliament. His role under such a situation is purely formal."

This point was picked up by counsel for Nizar and cited with approval by the High Court.

The Sultan has no explicit power to dismiss an MB under the Perak Constitution. Indeed, neither is the Yang di-Pertuan Agong empowered to dismiss a Prime Minister under the Federal Constitution.

It seems that ordinary people are better than these judges because they could understand what the two clauses mean.

Now that you are apprised of the meaning of the two clauses that really matter in the appeal, you should be in a better position than the appellate judges who have missed the points to come to their decision.

We all know that whenever there is a situation when there is no Menteri Besar, such as when the incumbent MB dies or resigns or has been disqualified as an assemblyman (because Nizar is an assemblyman) or has been removed from office by the assembly, then the Ruler "shall first appoint as Mentri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly": so says Article 16(2)(a).

This is the only occasion in which a Ruler can use his 'judgment" to select and appoint a Menteri Besar.

We also know that a Menteri Besar, once he has been appointed by the Sultan under Clause (2)(a), cannot be removed by him. The MB does not hold office at the Sultan's pleasure.

The Sultan has no power to dismiss the incumbent Menteri Besar Nizar Jamaluddin or to declare the office of Menteri Besar vacant: so says Article 16(7), "Subject to Clause (6) a member of the Executive Council other than the Menteri Besar shall hold office at His Royal Highness' pleasure" (the emphasis is mine).

nizar and perak pakatan adun tree planting event 270509 02So that when Nizar refused to resign after the Sultan has declined to dissolve the Legislative Assembly, the Sultan has no power to dismiss him nor has he the power to appoint another Menteri Besar when Nizar is still the Menteri Besar as he has not resigned his office.

So then, how are we to determine a loss of confidence in the Assembly? Certainly not by an outsider like us. Not even Nizar himself was in any position to say that he did not command the confidence of the majority of the Legislative Assembly. Only the Assembly can determine if Nizar has lost the confidence of the majority of its members.

Therefore, the reality of the situation is that Nizar is still the menteri besar when he refused to resign and the Sultan has no power to dismiss him or to deem the office of Menteri Besar has fallen vacant. The Sultan has no discretion or power to appoint a second Menteri Besar when the incumbent is still in office.

The Perak constitution does not provide for two menteris besar.

Any decision of the courts otherwise is a perverse one because such a decision is not made according to the Laws of the Constitution of Perak.

Don't you think all of you ordinary people are better judges than these recalcitrant judges of the Court of Appeal?

At least (now that you are informed of the constitutional provisions) you know how to apply the relevant law which is applicable in the present case, whereas the judges don't seem to know how to do it.

Now that you know the law which applies, you are in a position to judge the two judges.

So far the Court of Appeal has issued two written judgments. Let us see if the judges who wrote them come up to your expectations.

Raus Sharif JCA who sat as the chairman of this Court of Appeal meandered through 43 tedious pages of his 48 page judgment before he came to the conclusion that Article 16(6) makes no reference to a motion of loss of confidence to be passed by the Legislative Assembly and therefore he concluded that the High Court judge had erred in law. This is what Raus JCA said, p 43:

For the above reasons, I find that the learned judge had erred in law in concluding that the only manner in which the loss of confidence of the majority of members of the Legislative Assembly could only be ascertained by way of motion to be passed in the Legislative Assembly. Such a finding is contrary to the provisions of Article XVI(6) of the Perak State Constitution which makes no reference to such a motion having to be tabled.

Remember my explanation above about the conjunction if? In the instant case the use of the conjunction it means "on condition that" or "whenever".

So that the opening words of Article 16(6) should read, thus: On condition that "the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then," he can request the Ruler to dissolve the Assembly. In other words, the loss of confidence in the Legislative Assembly must be established first before the MB can make his request to the Ruler for a dissolution of the Assembly.

Obviously the only way to establish that Nizar has lost the confidence of the majority is to ask the members of the Assembly themselves.

sivakumar and zambry at perak state assembly 130509 04It would be incorrect to ask Nizar because he could only guess at his own popularity.

Undoubtedly, you must never ask the Ruler to determine the loss of confidence of a menteri besar in the legislative assembly as he has no power to determine on the status of the MB's popularity in the assembly.

And if the Court of Appeal were to confer such power on the Ruler, then it is a blatant refusal of the court to administer justice according to the Laws of the Constitution of Perak.

Of course, in Article 36(2) the sultan is given a general power "to prorogue or dissolve the legislative assembly".

Yet, the judge has relied on the Ruler's determination that Nizar no longer commands the confidence of members of the assembly. This is what Raus Sharif JCA said, at p 40 of his 48-page judgment:

It is an undisputed fact that His Royal Highness interviewed the 3 independent members separately in order to ascertain whether they were really supporting Barisan National. They informed His Royal Highness that they no longer supported Nizar as the menteri besar. Instead they declared their support to Barisan Nasional.

At the end of it, His Royal Highness was satisfied that with the 31 members of the Legislative Assembly supporting the Barisan Nasional, Nizar no longer command the confidence of the majority of the mambers of the Legislative Assembly.

This is a trashy piece of reasoning coming from an appellate judge. Raus Sharif JCA seems not to know that the Ruler is only a constitutional monarch with no prerogative power to do anything but that which the law allows him.

Plainly, the use of the conjunction if in Clause (6) speaks volumes. The loss of confidence of the MB in the Legislative Assembly must be established first before the MB can make his request to the Sultan to dissolve the Assembly. In this case Nizar requested the Sultan to dissolve the Legislative Assembly before it could be established that the MJ3 has lost the confidence of the majority in the Assembly.

Without doubt, it must not be left to interested parties - neither Nizar nor Zambry and his cohorts - to determine the loss of confidence of a Menteri Besar in the legislature.

Not even a constitutional monarch could determine the loss of confidence of a Menteri Besar in the Legislative Assembly because he has no power to do so.

Not even the judges can confer on themselves a power which does not exist to determine the loss of confidence in the Legislative Assembly of a Menteri Besar except the Assembly itself. It would be unfair and unjust to do so.

Judgment of Ahmad Muarop JCA

Ahmad Maarop JCA arrived at the same conclusion as Raus Sharif JCA except that Ahmad Maarop JCA is more long-winded. At page 42 of his 76 page convoluted judgment Ahmad Maarop JCA said:

In conclusion, I hold that there is no mandatory and1or express requirement in the Perak State Constitution that provides that there must be a vote of no confidence passed in the Legislative Assembly against Nizar before he ceased to command the confidence of the majority of the members of the Legislative Assembly.

The fact that he ceased to command the confidence of the majority of the members of the Legislative Assembly under Article XVI(6) could be established by other means.

zambry perak state pc 130509 03Thus, His Royal Highness was right in making enquiries to satisfy himself as to whether Nizar had in fact ceased to command the confidence of the majority of the members of the Legislative Assembly, in considering Nizar' s request for the dissolution of the legislative assembly.

It took this judge 42 pages to reach this conclusion.

At the recent launch of my book, How to Judge the Judges, on 29 June 2009 Justice Gopal Sri Ram FCJ remarked, "But where a judgment is tainted with intellectual dishonesty there is nothing much you can do except to expose the fallacy of the grounds put forth to justify a conclusion already reached".

Now let us expose the fallacy of the finding of this judge.

The judge said that whether Nizar had ceased to command the majority in the Assembly could be established by other means. One may ask, what other means could there be? He could only give one example.

He said, "Thus, His Royal Highness was right in making enquiries to satisfy himself as to whether Nizar had in fact ceased to command the confidence of the majority of the members of the Legislative Assembly, in considering Nizar's request for the dissolution of the Legislative Assembly".

But, all of us know that the Sultan has no power to do anything except that which the law allows him. As professor Andrew Harding has correctly said in his essay 'Crisis of Confidence and Perak's Constitutional Impasse' dated June 8, 2009 which is featured on the web portals Malaysian Insider and loyarburok.com:

.... the issue seems to become, who was empowered to make the judgment as to whether the MB still had the confidence of a majority? The Judge gave a correct answer to this question by saying it is the legislature, not the head of state.
.....

But, as the Judge also said, it is in any event clear that the head of state is not given the power under Article 16(6), as he is under Article 16(2)(a), to make a judgment as to matters of confidence

The Judge in Professor Harding's essay is the much respected Mr. Justice Abdul Azis of the High Court.

Conclusion

I trust we have exposed the fallacy of the grounds put forth by the two judges of the Court of Appeal.

All of you, (the ordinary people) who have been informed of the relevant provisions of the Laws of the Constitution of Perak by reading this article, knew that there are only two clauses of Article 16 which apply to the points that really matter before the Court of Appeal.

In Clause (2)(a) the head of state is empowered to make a judgment as to matters of confidence. Whereas in Clause (6) he is not given the power to do so but the legislature is.

Justice Abdul Aziz in the High Court gave the correct answer by saying it is the legislature, not the head of state, who is empowered to make the judgment as to whether the MB still had the confidence of a majority.

And, I trust, all of you would agree with him.

Raus Sharif and Abmad Maarop JJCA are wrong. They are wrong because there is no empowering provision in Article 16(6). They did not apply the law as it stands.

Indeed they have blatantly refused to apply the Laws of the Constitution of Perak. They should be ashamed of themselves for not administering justice according to law. The common people of this country can now judge them for what they are.

The full text of the two judgments can be found on the Internet. If you, as a layman, find the judgments unintelligible then that is what the word gobbledygook means.

On the other hand, if you find the lengthy judgments merely repeating information which is unnecessary to the two points that matter in the appeal then that is precisely what regurgitation means.

So now you can appreciate the title of this essay.

NH CHAN is a former Court of Appeal judge famous for his 'All is not well in the House of Denmark' comment regarding judicial corruption. He was referring to the Kuala Lumpur High Court's commercial division located in Wisma Denmark. The quote is based on Shakespeare's 'Something is rotten in the state of Denmark'. He now lives in Ipoh.

High Chaparral: State documents declassified - Star

2009-07-09T16:26:00.000+08:00

Jul 9, 2009 By ANDREA FILMER

andrea@thestar.com.my

GEORGE TOWN: The state government has declassified confidential state executive council (exco) minutes of the previous Barisan Nasional administration pertaining to the alienation of Kampung Buah Pala land to a co-operative.

Chief Minister Lim Guan Eng said the state exco decided at its meeting Wednesday to declassify the documents after consulting and getting approval from the state legal adviser.

He said the records showed that the state government land was approved to Koperasi Pegawai Kerajaan Pulau Pinang twice on Aug 18, 2004 and June 8, 2005.

“The premium of RM6.42mil or RM20 per sq ft was subsequently reduced to RM3.21mil or RM10 per sq ft.

“So far, (former chief minister Tan Sri Dr Koh Tsu Koon) has not explained why he approved this project without consulting the villagers or why he sold it to the co-operative at such a low price,” he said in a statement here Thursday.

“If Barisan was in power now and not Pakatan Rakyat, the residents would have been evicted and the village would have been demolished since last year,” he claimed.

The impending demolition of Kampung Buah Pala, popularly known as Penang’s High Chaparral and regarded by some as a cultural icon, has become the biggest headache facing the Pakatan Rakyat administration.

Kedah DAP to quit Pakatan - Star

2009-07-02T09:48:00.002+08:00

Jul 2, 2009

ALOR SETAR: The state DAP has decided to quit the Pakatan Rakyat citing “undelivered promises” by the Kedah government as one of the reasons.

The PAS-led state government was also accused of not giving equal treatment to all Kedahans.

State DAP chairman Thomas Su said the decision was made via a resolution yesterday, adding he would inform the DAP headquarters of it.

“This is our (Kedah DAP’s) decision. The final decision will be made by our national leaders,” he told reporters after witnessing the demolition of an illegal pig slaughterhouse by the Alor Setar City Council in Kampung Berjaya in Jalan Putra here yesterday.

The demolition of the slaughterhouse was another reason which had prompted the state DAP to quit the pact.

Su said the state DAP, which holds one seat in Kedah’s 36-seat legislature, was upset over the incident, accusing the state government of not handling the matter properly.

“Although the slaughterhouse was operating on land belonging to the Alor Setar City Council, the state government has the power to postpone the demolition. This will give more time for the Kedah Pig Traders and Slaughterer Association which operates the slaughterhouse to find a new site,” he said.

Mayor Datuk Khazali Din was quoted as saying recently that the abattoir had been erected illegally on the site for the past 30 years.

The council had ordered the association to vacate the place several times since 1995 with the latest in May this year.

At the Parliament lobby, Pakatan leader Datuk Seri Anwar Ibrahim said the pact’s leadership would discuss the matter today.

DAP Seputeh MP Teresa Kok said the Kedah DAP’s decision was “an act of frustration” as the state government had a number of unresolved issues in the past year.

“DAP has only one seat in Kedah. Many non-Malays come to them for help. Many of these issues are sensitive as well,” she said.

Penang: Glimpses of Hope

2009-07-02T09:35:00.003+08:00

Watch the 3-Part video:

Part:1

Part:2

Part: 3

DNA bill passed, Anwar cries foul - Malaysiakini

2009-06-24T10:05:00.003+08:00

S Pathmawathy and Tarani Palani | Jun 23, 09 7:43pm

The Deoxyribonucleic Acid (DNA) Identification Bill was passed at the lower House and will be sent to senate for approval.

The controversial legislation was passed today after two days of intense debate, mostly by opposition parliamentarians who did their best to delay bill's passage as they claim it would be a disaster for legal and human rights.

The bill specifically gives the police and authorities the power to obtain DNA samples from any suspects who have direct links to a crime.

The committee level debate saw amendments being made to nine sections of the bill, which includes the appointment of the head of the DNA Databank, the deputy head and other officers.

Deputy Home Minister Abu Seman Yusop told the House that the post of the head of Databank will no longer be helmed by a police official but by a public officer, who is sufficiently qualified and has the requisite experience in DNA science.

Prior to the amendments, the home minister had to appoint a police officer not below the rank of a Deputy Commissioner to head the databank.

Before the amendments were made, a police officer was allowed to use all means necessary for the purpose of taking or assisting the taking of a non-intimate DNA samples from a person.

Now, the amendments give the person the prerogative to refuse giving a non-intimate sample to the magistrate.

In the committee stage of the rounding up speech, Abu Seman also proposed to remove two sections of the bill.

They are Section 14, which holds a person liable to a fine not exceeding RM10,000 or a prison term not exceeding one year or both and Section 24, which states any information from the DNA Databank would be construed as conclusive proof in any court proceedings.

Anwar: This is a malicious campaign

Although the bill passed does not affect obtaining intimate samples such as blood and semen, the Magistrate's Court can issues an order to obtain non-intimate samples like saliva.

The bill, which is divided into six parts and contains 27 Sections, was tabled in August last year for a second reading.

The objective of the legislation is to enable the establishment of a Malaysian Forensics DNA Data Bank which is expected to store and analyse samples.

Speaking to reporters at the Parliament lobby, Opposition Leader Anwar Ibrahim expressed disappointment with the passing of the bill.

"Pakatan Rakyat is convinced that the way they are rushing through and refusing to acknowledge some very (important) criticisms is clearly meant to be used during the my trial," said Anwar.

The Permatang Pauh MP suspects the bill is an attempt to trap him in his ongoing sodomy case which is set for trial in July.

"As far as I am concerned it is not an issue... we have to fight them with or without the bill. It is a malicious campaign, nothing more," he added.

Subang PKR MP R Sivarasa added that to be fair to the government, some proposals made by the opposition was taken into account.

Sivarasa also said that the bill will definitely have an impact on the Anwar sodomy trial as the prosecution would be able to use samples that have been collected way back, when Anwar was held under the Internal Security Act in 1998.

"They can use it to legitimise the illegitimate samples," said Sivarasa

Ong clarifies variation order - Star

2009-06-19T12:03:00.002+08:00

June 19, 2009

PETALING JAYA: Transport Minister Datuk Seri Ong Tee Keat said that the RM1.2bil variation order for the Port Klang Free Zone project was approved by the Port Klang Authority board last year.

Ong said he received numerous queries on whether he had applied to the former prime minister to approve the variation order and that copies of official letters were also circulated on the Internet.

“The board had written to me, asking me to write to the then prime minister who was also the finance minister to apply for the additional funding,” he clarified in his blog posted yesterday.

“The authority was also at risk of defaulting payment as the deadline to meet its financial obligations was approaching,” Ong said, adding that he was merely relaying the decision of the board to the then PM.

He said he had just started his ministerial job less than two months ago at that time, and that the decision was made by the port authority before his tenure.

Ong also pointed out that PricewaterhouseCoopers had not even started its Position Review work.

“As the person who directed port authority to commission an independent report by a reputable international accounting firm, and asked for the findings to be made public, I have nothing to hide,” he said.

“If I did, I would not have commissioned the Position Review. From day one, I have requested nothing less than an impeccable level of transparency and accountability in tackling this issue and I mean what I say,” Ong stressed.

He said it was unfortunate that there were quarters who were uncomfortable with the matter and chose to spin “unfounded lies” about him.

“Many of them hide behind online anonymity to tarnish and discredit me, and even leak out official letters,” he said.

Ong added that it was deplorable that his representation in conveying the board’s decision could be spun by DAP adviser Lim Kit Siang as pressuring the Prime Minister.

From hare speed to tortoise pace. Why Not?

2009-06-19T12:00:00.000+08:00

June 19, 2009 By WONG SAI WAN

Malaysia, once thought of as the forerunner in the multimedia sector, now lags behind on every front in what is supposedly our future.

A DOZEN years ago, the International Advisory Panel of the Multimedia Super Corridor (MSC) held its inaugural meeting at the Gates Building at Stanford University in Palo Alto, the heart of the US Silicon Valley which was, and still is, the heart of the cyberworld.

Then Prime Minister Datuk Seri (now Tun) Dr Mahathir Mohamad chaired the meeting and the members of the panel represented the who’s who of the electronic world then.

Sun Microsystems boss Scott McNeally was there. So was Acer founder Stan Shih and Sony’s Nobuyuki Idei. Also present were venture capitalist James Barksdale and then Compaq CEO Eckhard Pfeifer and then Cisco Systems CEO (now chairman) John Chambers.

The only one missing was Microsoft head honcho Bill Gates. But Dr Mahathir had met him a year earlier and was to meet him again the day following the meeting.

Everyone was abuzz with Malaysia’s idea of a dedicated area just for the development of the cyberworld – which was then just known as multimedia. All of them wanted a piece of the MSC then.

It was a proud moment to be a Malaysian that week and I was fortunate to be there to witness the whole thing. Dr Mahathir was leading a huge business delegation to the United States to promote the MSC, then thought of by the world as a groundbreaking idea.

The concept of a triumvirate – the people, business and the Government – working in concert to make the MSC a reality sounded so attractive.

The Government also drafted laws to protect the MSC so that it would be a truly free environment that would allow ideas to bloom.

That was then. Along came the Asian financial crisis and the sacking of Datuk Seri Anwar Ibrahim (his black eye and the sordid trial put paid to the pride that was felt all those years ago). We had since been recovering slowly.

Then came last week. I met two Europeans at a golf game – one a Swiss whom I shall call Johann, and the other a French whom I will refer to as Pierre.

The two men are chief executives of multi-national companies with manufacturing plants in Malaysia and the region.

While Johann had arrived in the country less than a month ago, Pierre is a 10-year veteran who has seen Malaysia at its best and worst.

The two noticed me typing away on my Blackberry phone and inquired if I found the device useful. Their question set me off on how my life has changed with the BB (Blackberry for the uninitiated).

From there, our conversation turned to the Internet or more accurately, the lack of it.

The two men spent about 30 minutes bemoaning the lack of speed, and how their lives had been badly affected by the slow speed of Internet services in Malaysia.

“My kids made a video to wish their grandfather happy birthday. It was not a very big file – less than 120 megabytes,” said Pierre.

“It took me more than two hours to upload the file and send it to my brother in France so he can show our father.

“In France, my brother took just 10 minutes to download the same file.”

Johann’s crestfallen face spoke volumes when it came to his turn to tell his sad tale of Malaysia’s Internet services.

“I am so used to our Swiss speed. I only get 30 megabits per second when downloading. Malaysia’s Internet connection is just too slow,” he said.

At this juncture, my patriotism kicked in and I tried to justify the situation to these two Europeans, but after a while I found myself agreeing with everything they said.

There was nothing good I could say about Malaysian cyber connections.

The best I could come out with was to ask them to be patient as the Government had initiated the National Broadband Project and that in a few years the whole of the Klang Valley would be wired up.

Pierre and Johann both gave me that “you got to be kidding” look. The Swiss pointed out that all towns in his home country had put in fibre optics years ago.

“They just dug and dug and wired everyone up. What are you all waiting for?” he asked.

He was “very impressed” when he first came to Malaysia 10 years ago.

“You all then had ADSL lines when we in France were still using dial-ups,” he recalled.

“But what happened? We are now surfing at real broadband speed and not the ‘best service possible’ practice as you have here in Malaysia.

“Johann, if you get 50% of the promised speed in Malaysia, consider yourself lucky.”

The conversation went downhill from there on and all three of us took swipes at the various Internet service providers in Malaysia.

Whatever national pride I had for our cyber venture was shattered in my conversation with Johann and Pierre.

When I got home, I tested my 1-megabit-per-second broadband speed. The result was depressing – the download speed was 406 kilobits per second and upload was 307 kilobits per second. Pierre was right – I could not even get 50% of the speed promised.

On Tuesday, Science, Technology and Innovation Minister Datuk Dr Maximus Ongkili will be a guest on The Star Online Live Chat programme.

He can be sure that although I will be away in Sweden attending a global conference by Ericsson on the future of the communication world, I will be e-mailing him some questions and giving him my opinion of our tortoise-speed Internet connections.

Deputy Executive Editor Wong Sai Wan spends every free time Twitting, and is now totally dependent on his Blackberry to update his Facebook

USM apologises for technical glitch over admission - Star

2009-05-31T22:46:00.004+08:00

May 31, 2009 By TAN SIN CHOW, ANDREA FILMER and ROYCE CHEAH

GEORGE TOWN: A technical blunder on Universiti Sains Malaysia’s (USM) official website has created confusion among 4,574 students about their eligibility to enter the university.

An online blunder by apex-status Universiti Sains Malaysia in its first direct intake of undergraduates led to some 200 irate parents and applicants causing a ruckus here yesterday. The error resulted in 4,574 students being wrongly informed that they had obtained places at the university

And USM deputy vice-chancellor (Academic and International Affairs) Prof Ahmad Shukri Mustapa Kamal apologised unreservedly for it. The students, who had received offer letters via soft copies on the website, were left disappointed when they were told of a technical mistake by USM.

The university had wrongfully uploaded all the names, together with 3,599 successful applicants, on the website.

Prof Ahmad Shukri said that about 8,000 students had pre-qualified for the university from a total of 22,000 students who had applied to enter USM.

“They met the minimum criteria to enter the university in accordance to the programme of USM.

“However, after the final three-day selection from May 26-28, we have decided to take in only 3,599 of them.

“The remaining names will be submitted to the University Admission Unit (UPU) main pool for selection into other public universities,” he said during a press conference Sunday.

Ahmad Shukri said USM only realised their mistake at about 3pm on Saturday, some 24 hours after the names of the 8,000 odd students were put up at the website on Friday.

“We took two hours to rectify the problem. By 5pm on Saturday, only the actual successful applicants were notified with the issuance of offer letters and letter of acceptance.

“We regret the mistake that caused inconvenience to the anxious parents and students.

“I apologise for the mistake and USM will do whatever we can to solve the matter,” he said.

He said USM had since notified all the successful applicants via SMSes and phone calls, adding that an official letter would also be sent out.

He said this was the first time that USM was selecting students directly after it was granted Apex status recently.

He assured that the names of students, who were not accepted by USM, would reach UPU.

“We have a short time in notifying the successful candidates. We have no choice but to inform them via SMSes, website and phone calls,” he said.

On the officer who committed the mistake, Ahmad Shukri said he wanted to resolve the matter before carrying out a post mortem and deal with the culprit.

In Petaling Jaya, Higher Education department director-general Datuk Prof Radin Umar Radin Sohadi Students said that those rejected by USM will be placed UPU’s main pool for selection into other public universities.

He said USM had been given autonomy to organise its own intake under its Apex status.

“Whoever is qualified, is offered a place and accepts the offer will go to USM. These students will also be excluded from the main pool.

“However, if they are rejected by USM - then they will be put into the main pool automatically. This process of selection will be done soon and will be announced in the third week of June,” he said when contacted on Sunday.

Meanwhile, a father of a 20-year-old girl came to The Star office on Sunday to complain about the anxiety caused by confusion in USM.

His daughter who refused to be named, checked the university’s website on Friday evening and found her name among the list of successful applicants for the dentistry course.

“She clicked her acceptance for the course and an acknowledgement notice appeared on the website,” said Lim, who showed the acceptance letter to the Star.

“We were so happy but only for a day,” said Lim, 49, when met yesterday.

On Saturday, the Tunku Abdul Rahman college student began to hear news about the list of succesful applicants being changed.

“True enough, we checked on Saturday at around 11pm and her name was no longer on the list.

“And today morning, a SMS was sent to her stating that she was not a successful applicant and it was a technical error.

“USM is an Apex university and it is supposedly an elite university.

“But all they can say about the confusion is that is a ‘technical error’?,” he said.

Mansor wins with 5,558 majority - Malaysiakini

2009-05-31T22:41:00.004+08:00

May 31, 09 6:07pm

OFFICIAL RESULTS Mansor wins the seat by garnering 6,052 votes. His nearest rival is Nai Khan with 494, followed by Aminah with 392. Kamarul obtained 56 votes.

Mansor's majority is 5,558 votes. All three independents lost their deposits.

The win for Mansor - after a series of three previous electoral defeats - now opens the door for him to be appointed as the Penang deputy chief minister (1).

A blog entry by DAP leader Lim Kit Siang, whose son Guan Eng is the chief minister, said that Mansor will be sworn in on Wednesday.

More details at www.malaysiakini.com

Ex-cop implicates Abdul Gani, Musa in Anwar black-eye case, clears Dr M - Malaysian Insider

2009-05-29T09:32:00.002+08:00

By Leslie Lau
Consultant Editor

KUALA LUMPUR, May 29 — Datuk Mat Zain Ibrahim, the police officer who investigated Datuk Seri Anwar Ibrahim’s black-eye beating in 1998, has accused the country's top lawyer and police chief of fabricating evidence in the assault but cleared Tun Dr Mahathir Mohamad of any wrong-doing.

He claimed he was told by the then prime minister to ensure there was no cover-up in the investigations, according to a statement of claim made by him in a suit filed against the opposition leader.

But the former investigator now implicates Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan in what he claims was an attempt to introduce a medical report which he found suspicious.

According to his statement of claims which was obtained by The Malaysian Insider, the medical report prepared by a Dr Abdul Rahman Yusof from Hospital Kuala Lumpur had suggested Anwar’s injuries were self-inflicted.

Instead, Mat Zain asserts in his statement of claim that he had taken all possible steps to prevent the medical report prepared by Dr Abdul Rahman from being included in his investigation papers.

Mat Zain filed a RM30 million defamation suit against Anwar last year after the Pakatan Rakyat leader claimed that Abdul Gani, who was a senior deputy public prosecutor then, and Musa, who was an investigating officer, had fabricated evidence against him in the black-eye assault.

Tan Sri Rahim Noor, the Inspector-General of Police in 1998, later admitted he had assaulted Anwar following a Royal Commission of Inquiry probe in 1999.

Besides Mat Zain, Musa has also filed a defamation suit against Anwar.

The statements of claim made by both Musa and Mat Zain have been admitted as part of an affidavit filed by Anwar for his Sodomy II trial which starts in July.

Anwar had claimed trial last August to sodomising his former aide Mohd Saiful Bukhari Azlan, his second sodomy case in a decade.

Mat Zain, who declined comment on the details of his lawsuit, told The Malaysian Insider however that he had decided to sue Anwar to clear his name because unlike Abdul Gani and Musa he had not been officially cleared of the allegations of abuse of power.

Yesterday, Mat Zain, who retired as the Kuala Lumpur CID chief, claimed there was a high-level plot using a bankruptcy notice to destroy his credibility ahead of several cases including Anwar’s sodomy trial.

State news agency Bernama had on Wednesday reported that Mat Zain was declared a bankrupt on April 21 for failing to settle a RM250,000 loan and was served with the notice on May 26. The news was carried by several Malaysian publications including The Malaysian Insider which subscribes to the Bernama service.

“I say with certainty that there are very powerful hidden hands that wanted it so. Their reasons are to destroy my credibility and/or to paralyse my capabilities and prevent me from giving evidence against Attorney-General Tan Sri Abdul Gani Patail and IGP Tan Sri Musa Hassan for fabricating evidence in the ‘black-eye’ case of 1998 involving Datuk Seri Anwar Ibrahim,” said Mat Zain in a statement.

Mat Zain claimed the bankruptcy notice is related to his appeal to the Malaysian Anti-Corruption Commission (MACC) advisory board to clear his name after the anti-graft agency cleared only Gani and Musa from charges of fabrication lodged by Anwar.

“I have reasons to believe that the prosecution team anticipated that Anwar will certainly raise at certain points of his trial the issue of fabrication of evidence in the black-eye case. My evidence would be vital at this stage. Their only option is to destroy my credibility.”

In his statement of claim, Mat Zain points out that he had been instructed by Rahim, the IGP then, to head an investigation into Anwar’s allegation on Sept 27, 1998 that he had been assaulted while in police lock-up.

Anwar had been detained by police on Sept 20,1998, just 18 days after he had been sacked by Dr Mahathir as deputy prime minister. The widespread public protests and his subsequent sodomy trial led to the birth of the Reformasi movement.

In his suit against Anwar filed last August, Mat Zain states that he had accompanied two forensic specialists — Dr Halim Mansar and Dr Zahari Noor — to conduct a medical examination on Anwar on the day he started his probe.

He met Rahim later that night and was instructed by his boss “to leave no stone unturned” to protect the integrity of the police.

On Oct 16, Mat Zain claims he was told by the Attorney-General then to liaise with Abdul Gani on all matters related to the probe.

Ten days later he met with Abdul Gani at the latter’s office and was then introduced to Dr Abdul Rahman. The medical expert then signed a medical report and handed it over to Mat Zain.

Mat Zain then claims that he had objected to Dr Abdul Rahman’s report because it also contained personal attacks against Dr Halim, one of the original medical experts in the case.

He claimed further that on further enquiries, he had discovered that Dr Halim had previously lodged a police report against Dr Abdul Rahman for “criminal intimidation.”

On Oct 28, 1998, Mat Zain said he had come to the conclusion that Dr Abdul Rahman had never examined Anwar. He also claimed to have discovered that Abdul Gani had been present on the 30th floor of Bukit Aman on the night that Rahim assaulted Anwar.

Two days later, Mat Zain claimed that he submitted to Abdul Gani his investigation papers which asserted among other matters that Anwar’s injuries were consistent with an assault and that they were not self-inflicted. Mat Zain also asserted that he believed Rahim was the person who had assaulted Anwar.

The two men — Mat Zain and Abdul Gani — had a heated argument over the findings of the probe, according to the statement of claim.

Later that year on Dec 12, Musa, who is now the IGP, had asked Mat Zain to attend a meeting at Bukit Aman with Abdul Gani and Dr Abdul Rahman. At the meeting he was asked to accompany Dr Abdul Rahman for a visit to the lock-up in which Anwar had been held.

The next day, Mat Zain claims he took Dr Abdul Rahman to the lock-up, but points out that he left the doctor on his own in the room.

On Dec 31, 1998, Mat Zain claims that his investigation papers were returned to him. The papers included a second undated medical report by Dr Abdul Rahman.

In the second medical report, Mat Zain claims it was stated he had accompanied Dr Abdul Rahman and aided in a reconstruction of events, which he says was not true.

The initial police investigations prompted Dr Mahathir to suggest Anwar's black-eye could have been self-inflicted, an allegation that was later found to be untrue.

Mat Zain claims that he investigated the black-eye incident without fear or favour and had his statement recorded five times by the precursor to MACC, the Anti-Corruption Agency (ACA) when Anwar lodged a report on July 1, 2008 that Abdul Gani, Musa, Mat Zain and Dr Abdul Rahman had falsified a medical report on the assault case.

But MACC chief commissioner Datuk Seri Ahmad Said Hamdan announced on March 3 that a three-member independent panel led by the Solicitor-General had scrutinised the investigation papers and cleared Abdul Gani and Musa of criminal wrongdoing, prompting Mat Zain to later appeal the findings.

Acting to dispel the darkness - Star

2009-05-28T22:46:00.001+08:00

Brave New World
By AZMI SHAROM

Large balloons with writings pose a danger to passenger aircraft, and black clothes – the colour is associated with death – will drive investors away.

BELOW is a transcript of the final exams for the BA (Governance) degree conducted by the University of Malaysia in the second semester of the academic session 2020/2021. It is an excellent example of a First Class exam script.

Policing 101

Please answer the three questions below. Please ensure your handwriting is legible.

Question 1.

In your opinion, what is a threat to National Security?

A threat to national security is fundamentally anything that the police or Government wants to declare as a threat to national security.

In Malaysian policing and governance, what is important to realise is that the discretion to determine national security need not follow any logical thought process. To call something a threat is in effect to make something a threat.

The citizens of the country are safer and happier under such a system, because with such broad powers the police are able to ensure peace and prosperity.

Any citizen who does not understand the need for such powers is either mentally disturbed or a traitor to the nation who should surrender his or her passport and return to where he or she came from.

Question 2.

Give examples of a threat to National Security.

This question deserves much more time and space than a two-hour examination allows. I shall therefore limit my examples to two.

My first example is the dangerous act of flying large balloons. Balloons are a grave danger to the country because they can interfere in our growing air and space industry.

Aeroplanes flying over Malaysian airspace will have difficulty navigating if we allow large balloons to be flown.

There is always the risk that a pilot may mistake a balloon for a cloud and fly through it only to entangle the aircraft in the lethal combination of rubber and cable, causing the plane to crash and resulting in the death of hundreds, perhaps even thousands, of people.

The problem is compounded if the balloon has writing on it, for a pilot may be distracted and may take the time to read the writing, causing him to lose control of his aircraft and crashing it, killing everyone on board as well as people on the ground.

Another example of a threat to national security is the wearing of black clothes. Black is a colour associated with bad things like death and darkness.

If the people are allowed to wear black, then foreign investors will think that Malaysia is a country of death and darkness. They will lose interest in investing here and they will take away all their money.

This is the reason the Appropriate Malaysian Clothing Act 2015 was passed. Malaysians should wear bright coloured clothes, preferably silk batik, so as to portray a lively and cheerful country, thus attracting investment.

If we do not have foreign investment we will not be the great country that we are. According to the 2018 World Bank Report, we are still richer than Somalia and Myanmar.

This is because of foreign investment, and if anything threatens foreign investment, it is a national security threat; like black clothes.

Question 3

What is the use of Part II of the Federal Constitution?

This is a trick question. Part II of the Federal Constitution is entitled “Fundamental Liberties” and this entire part has been removed by the Constitution (Amendment) Act 2011.

In its place a new Part IIA has been put in. Part IIA is entitled “Fundamental Duties” and it lists the duties of citizens.

Among these is the duty not to light any candles whatsoever – unless in the event of a blackout – and the duty to not show solidarity with any person or cause unless a permit is applied for and obtained from the Ministry of Home Affairs and Internal Security.

Note: The candidate whose script this is went on to graduate summa cum laude and is now a personal assistant to a Minister. He is currently being groomed for a leadership role in the near future.

Dr Azmi Sharom is a law teacher. The views expressed here are entirely his own.

Lim: Don’t take away Khir’s stipend - Star

2009-05-24T09:08:00.002+08:00

May 24, 2009

PETALING JAYA: DAP adviser Lim Kit Siang has urged the Selangor Government not to deny Sungai Panjang assemblyman Datuk Seri Dr Mohamad Khir Toyo and four others their allowances, even if the House decides to suspend them.

“Although the state assembly rights and privileges committee has recommended to the assembly to suspend the five, the House should not take away their right to allowances.

“Otherwise, their constituencies will be in limbo,” he said when contacted yesterday.

He was responding to the committee’s recommendation to suspend Dr Khir from the assembly for a year without allowance and privileges for not attending an inquiry conducted by the state’s Select Committee on Competence, Accountability and Transparency in March to answer queries pertaining to disbursement of funds.

The select committee also found four other Barisan Nasional assemblymen – Datuk Warno Dogol (Sabak Bernam), Datuk Mohd Idris Abu Bakar (Hulu Bernam), Mohd Isa Abu Kassim (Batang Kali) and Datuk Marsum Paing (Dengkil) – guilty of attacking it in the media.

Police raid DAP HQ, computer seized - Malaysiakini

2009-05-24T09:03:00.004+08:00

Andrew Ong | May 23, 09 7:07pm

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.

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.

Penanti by-election - 4-corner fight - Star

2009-05-23T14:23:00.003+08:00

May 23, 2009

BUKIT MERTAJAM: It is a four-cornered fight for the Penanti by-election on May 31.

The candidates were PKR's Mansor Othman and three independents - former Penang PKR Wanita chief Aminah Abdullah, company manager Nai-Khan Ari, 41, and motivational expert Kamarul Ramizu Idris, 42.

Returning officer Roslan Yahaya announced this at noon today.

Nomination papers from independent businessman Mohd Saberi Othman, 49, were not accepted.

When asked, Roslan told reporters that Mohd Saberi had not fulfilled all the conditions required for him to stand as candidate in Penanti but declined to elaborate further.

Attempts to get Mohd Saberi for his comments were unsuccessful.

Earlier, Mohd Saberi had joined the other four candidates in filing his nomination papers at the Youth Skills Development Institute here.

Six objections were raised during the objection period, including one against Kamarul's proposer, who is said to be not from Penanti.

Kamarul has stood as an independent and lost in the Bukit Gantang parliamentary against by-election.

The nomination process for the Penanti by-election was quieter than the other polls held previously.

Although some Pakatan Rakyat supporters have turned up at the nomination centre at the Youth Skills Development Institute here today, there was no taunting and shouting that have marred other by-elections.

However, the police were not taking any chance.

A police helicopter was spotted circling above the area while some 300 personnel have been mobilised to keep watch over the crowds.

The earliest to arrive today was Aminah, who came to the centre at 7.45am.

She was followed by Mohd Saberi and Nai-Kan, then Mansor.

Many of the Pakatan Rakyat leaders have turned up at the centre to give their support to Mansor.

Barisan Nasional has decided on May 18 to sit out on the by-election.

According to the 2008 electoral roll that was updated on April 16, the seat has a total of 15,384 registered voters, including 24 postal voters.

The electorate comprises 72.68% Malays, 24.22% Chinese, 2.39% Indians and 0.71% others.

The Penanti seat fell vacant after Mohammad Fairus Khairuddin quit as assemblyman on April 16 after stepping down as Penang Deputy Chief Minister (DCM) I on April 8.

BTN course teaches disunity - Star

2009-05-22T09:38:00.000+08:00

May 22, 2009

AS parents we are glad that our grown up children attend the Biro Tata Negara (BTN) course, which is compulsory for government servants. They are all mature professionals.

But what angers me is that, instead of talking integrity, unity and harmony among the various races, participants are taught about disunity and racial hatred. Is this what our Prime Minister Datuk Seri Najib wants for 1MALAYSIA?

Throughout the five days of the course, participants are repeatedly told not to question Malay rights and so on. The course coordinators keep talking about social contracts and telling non-Malays not to question Malay rights and so on.

Many participants, including my Malay friends, are upset.

Are we still living in a primitive age? If the BTN course is to be conducted in this manner, it is better to abolish it or let it concentrate on only one ethnic group.

The course is not bringing unity but only arousing anger and hatred.

As it is handled by the Prime Minister’s office, please do not say that they do not know what is going on.

DISAPPOINTED,
Bukit Jalil, Kuala Lumpur.

Zaid Ibrahim's Maiden Blog Posting

2009-05-21T21:55:00.003+08:00

Hulubalang Utama Dato najib
21 05 2009

Dato Seri Najib dalam temuramahnya dalam Straits Times dan Business Times kelmarin menunjukkan sikap yang berani apabila beliau berkata bahawa cara tradisional yang digunakan olih kerajaan dalam menetukan kuota dan kepentingan ekuiti kapada bumiputra perlu dikaji semula. Ini kerana ia membantutkan pertumbuhan ekonomi negara dan juga apabila amalan meritokrasi diabaikan Bumiputra juga menjadi lemah. Cara agihan yang baru perludi perkenal dan dilaksanakan , kata nya.

Pengumuman besar yang berbunyi progresif dan liberal ini selalu didengar apabila kita ada PM yang baru.Dr Mahathir dan Abdullah Badawi juga melaungkan slogan dan dasar yang berbunyi progresif dan dan baru apabila mula mula jadi PM. Malangnya mereka tidak bersungguh sungguh menjayakan apa yang dikatakan.

Saya juga sangsi PM baru kita akan berjaya.Kalaudia berani dan mahu berubah mengapa wawancara dibuat dalam akhbar bahasa Inggeris bacaan orang bisness sahaja.Bukan kah lebih meyakinkan kita kalau wawancara itu dibuat dengan Utusan Malaysia, akhbar yang kata orang, pembina minda rakyat. Saya ingin melihat Dato Seri Najib membuat ucapan ini dan kupasan panjang lebar tentang perubahan Dasar Bumiputra ini dalam Kongress Khas UMNO mithal nya. Sudah sampai masa nya beliau membuat peta baru tentang arah tuju negara Malaysia dan Bangsa Malaysia. Dan juga peta baru untok UMNO

Apabila Dato Seri Najib mengatakan bahawa semua warlords (hulubalang) dalam UMNO adalah kawan beliau, dan dia lah warlord yang terbesar, saya bimbang kalau beliau merasa terlalu yakin atau overconfident. Olih kerana saya ingin melihat reformasi nya berjaya, saya ingin memberi pesan kapada nya bahawa warlords yang dikatakan kawan nya itu sabenarnya kawan kawan sementara sahaja. Tidak lama lagi beliau akan merasa tekanan dan ugutan. Mereka ini bisa dan bengis.Kalaupun Dato Seri Najib warlord yang utama buat masa ini, elok juga beliau menoleh kabelakang untuk keselamatan politik nya.

PM tidak perlu takut orang Melayu akan marah kepadanya kalau dia membuat perubahan terhadap dasar ekonomi . Perubahan yang adil dan yang memberi keutamaan kapada yang wajar dan yang memerlukan tidak akan menimbulkan kemarahan sesiapa, baik pun orang Melayu. Yang marah ialah golongan yang selalu mendapat habuan dan upah kerana mereka ada kaitan politik dan kaitan orang yang berkuasa.Yang diperlukan daripada PM ialah dia juga jangan takut kepada isu lama dan premis lama yang selalu digunakan untok mengekalkan status quo. Mereka yang tidak mahu kepada perubahan selalu suka menakut -nakutkan kerana itulah cara mereka mengekalkan pengaruh dan kuasa.

Source: http://myzaidibrahim.wordpress.com/

Judgment day tomorrow in MB vs MB case - The Malaysian Insider

2009-05-21T17:49:00.002+08:00

Nizar and his wife taking a break from the hearing. - Picture by Choo Choy May

PUTRAJAYA, May 21 — The Court of Appeal will decide tomorrow if it agrees with the Kuala Lumpur High Court’s ruling that Datuk Seri Nizar Jamaluddin is the rightful Perak mentri besar.

A three men panel heard submissions today from lawyers representing Barisan Nasional’s (BN) Datuk Seri Dr Zambry Abd Kadir and Pakatan Rakyat’s (PR) Nizar, in what was a repeat of the protracted trial in the High Court.

Both teams put forward the same arguments they made during the high court case.

Zambry’s team arguing that Article 16 (6) of the Perak constitution allowed the state ruler to ask the MB to resign if he is deemed to have lost the confidence of the state assembly.

Nizar’s lawyers contended that a state chief executive can only be deemed to have lost the confidence of the legislature through a vote in the state assembly.
Justice Raus Shariff says question before court is whether the trial judge had interpreted the Perak Constitution correctly.

"If wrong, the appeal will be allowed, if right, the appeal will be dismissed," he said.

The following day Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a single judge.

Following this Nizar filed his own application to set aside the stay order granted to Zambry.

Nizar's application is to set aside the stay order obtained by Zambry against the High Court ruling which had declared Nizar as the legitimate mentri besar.

He had also requested that the matter be heard by a five-member Court of Appeal panel, instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

However, Nizar failed to get his request. It is learnt that his letter of request did not reach the Court of Appeal president Alauddin Md Sheriff on time.

This morning, the parties agreed that Zambry's appeal will be heard first.

The three-member panel hearing the matter comprises Justices Abdul Raus Sharif, Datuk Zainun Ali and Ahmad Maarop.

This legal battle between Nizar and Zambry is largely seen by many as the final judicial attempt by either party to stamp their authority as the rightful and legitimate Perak menteri besar.

The hearing is expected to take a few days before the court makes a ruling on both the matters before it.

The hearing began with Zambry's counsel Datuk Cecil Abraham arguing that High Court judge Abdul Aziz Ab Rahim had not given proper weight to the evidence produced on the legality of Zambry's appointment.

Cecil said the evidence had showed that the Sultan of Perak had ordered Nizar to resign which the latter had refused to do so.

The constitutional provision provides that Nizar resign following the Sultan's directive, said counsel.

Cecil said the Ruler was only exercising his royal prerogative under Article 16(6) of the Perak constitution to reject Nizar's request for the assembly to be dissolved.

Attorney-General Tan Sri Abdul Gani Patail, who has intervened in the matter to assist the court, started his submissions after Cecil ended his.

Gani said there were no provisions under the Perak constitution for a mentri besar to be voted out through a vote of no confidence to show that he had lost the majority in the House.

He argued that if the mentri besar had lost the confidence of the House, he must resign.

Nizar's lawyer Sulaiman Abdullah submitted after the lunch break.

He said that there was no provision in the state constitution that gave express power for the sultan to sack a mentri besar.

He argued that the Sultan could dismiss the state exco but not the MB.

July 30 hearing for Anwar case on his sacking from Cabinet - Star

2009-05-21T15:22:00.001+08:00

May 21, 2009 By M. MAGESWARI

Pix courtesy of Malaysiakini

PUTRAJAYA:The Federal Court has set July 30 for PKR adviser Datuk Seri Anwar Ibrahim to challenge the legality of his dismissal as the Deputy Prime Minister and Finance Minister in 1998.

A Federal Court registry official confirmed yesterday that the case, which was initially scheduled to be heard yesterday had to be rescheduled.

Court of Appeal president Justice Alauddin Mohd Sheriff was scheduled to chair a three-man panel yesterday. The two other members are Federal Court judges Justice Hashim Yusoff and Justice Mohd Ghazali Mohd Yusoff.

Senior Federal Counsels Datuk Kamaludin Md Said, Azizan Mohd Arshad and Lailawati Ali were present for the respondents yesterday.

The apex court had on June 16 last year granted leave for Anwar to challenge his sacking by the-then Prime Minister Tun Dr Mahathir Mohamad on Sept 2, 1998.

The apex court will determine two questions of law - whether Anwar’s sacking was unconstitutional or not, and whether Dr Mahathir could sack his deputy without first advising the Yang di-Pertuan Agong.

Upholding a December 1998 High Court decision to strike out Anwar’s civil action, the Court of Appeal had on April 25, 2007 held that his sacking from his Cabinet posts in 1998 by Dr Mahathir was lawful.

It ruled that the Prime Minister has the power to dismiss any Minister in the Cabinet and he could at any time advise the Yang di-Pertuan Agong, who is bound to act on his advice.

Court of Appeal judges Justices Zulkefli Ahmad, Md Raus Sharif and Heliliah Mohd Yusof unanimously dismissed Anwar’s appeal against the High Court decision to summarily strike out his suit against the Prime Minister and the Government for dismissing him in 1998.

Perak: Solution lies in the dissolution - Malaysiakini

2009-05-20T23:12:00.002+08:00

P Ramakrishnan | May 20, 09 4:51pm

There must have been a valid reason for stating that the law is an ass. Now we understand why it is so. The open-handed stay order granted by a single judge - Ramly Ali - of the court of appeal confirms why the law is an ass.

On May 11, High Court Justice Abdul Aziz Abdul Rahim in a well-argued judgment declared that Mohd Nizar Jamaluddin was the duly appointed Perak Menteri Besar at all material times and that Zambry Abdul Kadir was never the MB of Perak at any material time. In other words, Zambry has no business to be or pretend to be the MB of Perak.

The high court decision had positively removed all doubts and confusion as to who was the rightful and legitimate MB of Perak.

The next day, May 12, Ramly muddied the water by granting a stay order on the high court decision without any conditions. This decision confounded the nation and left everyone dumbfounded.

As a result of this absurd decision of Ramly, the position of the genuine MB has been undermined and has left him in a limbo unable to discharge his duties and serve the needs of Perakians.

But on the other hand, the stay order seems to have given the man who never was the MB of Perak at any time whatsoever a second lease of life to occupy the MB's chair. This ridiculous situation has bewildered every thinking Malaysian into a state of utter confusion .

If Ramly had granted a conditional order restraining both Nizar and Zambry from acting as MB in order to enable Nizar's suit seeking to set aside this order to be heard and decided then such a decision would have been acceptable.

But this order had made a mockery of the law and shattered the people's confidence in our judiciary. This is the reason why people have so little trust in the system of justice. This is why people despair when decisions are dished out by our courts.

We must be realistic and realise that ultimately, the debacle and the dilemma confronting Perakians cannot be decided by the courts. The courts would only delay the outcome and prolong the uncertainties and provoke further political reactions endangering the peace and harmony enjoyed by the people for the last one year.

It is important to realise that this problem cannot be solved by the courts. Only two people can bring relief to this dangerous situation.

One of them is the prime minister who was implicated in causing this problem in Perak. He has stated that he wants to feel the pulse of the people so that he could be the people's PM. He must know what the feeling on the ground is.

The senate president, the chairperson of Suhakam, MCA, Gerakan, eminent lawyers, concerned citizens, civil society and a host of prominent and caring individuals have called for the dissolution of the Perak state assembly to overcome the present political stalemate in Perak.

He should heed these feelings and demands of the people and make a second trip to the palace and plead with His Royal Highness, the Sultan of Perak, to dissolve the Perak state assembly. He cannot ignore this groundswell any longer if he lays any claim in wanting to be the people's PM.

He must undo the present mess in Perak and restore stability in that state. He must rise above politics and act as a statesman in the interest of the country. This is one duty that he must perform as soon as possible with all sincerity.

The other personage who can definitely and incisively resolve the political turmoil and the upheaval in Perak is His Royal Highness, the Sultan of Perak. The sultan by now must know how angry and upset his subjects are that three unscrupulous politicians have subverted democracy and overturned a people's government by their unbecoming conduct. They have frustrated a duly elected government of the people and made nonsense of the democratic will of the people.

His Royal Highness must take cognisance of the sound and persuasive judgment of the high court on May 11.

His Royal Highness must surely be aware that more suits filed in the courts will only delay and contribute to more frustrations; they need not necessarily mean more justice for this politically unresolved matter.

His Royal Highness must surely be aware that his subjects want a political settlement and it is they who must decide who should form their state government.

To enable the Perakians to solve this problem that has been festering like a sore wound for more than three months, please dissolve the Perak state assembly.

There is no other way, no other solution.

Pakatan wants scholarships for all top scorers - The Malaysian Insider

2009-05-20T12:00:00.004+08:00

Lim makes a point at the forum. With him are Nik Nazmi (centre) and Pua. — Picture by Jacky Ooi

By Melissa Loovi

KUALA LUMPUR, May 20 — Pakatan Rakyat (PR) is urging the Cabinet to issue a directive to ensure all top scorers in the Sijil Pelajaran Malaysia examination be given Public Service Department (PSD) scholarships.

It should also disclose the full criteria and list of recipients, PR leaders demanded at a public forum on the PSD scholarship issue last night.

"If not, then the Najib Cabinet is even worse than the ‘half-past six’ Cabinet of the previous PM Tun Abdullah Ahmad Badawi, as condemned by former PM Tun Dr Mahathir Mohamad," DAP parliamentary leader Lim Kit Siang said of Datuk Seri Najib Razak's administration.

Lim was referring to a statement by the Minister in the Prime Minister's Department Datuk Seri Nazri Aziz in March when he said that if a top scorer was not granted a scholarship, it would be an "injustice."

If necessary, the Ipoh Timur MP said PR would support a supplementary budget Bill in Parliament to increase the allocation for PSD scholarships from RM700 million to RM1 billion to ensure that all top scorers received scholarships.

He added that making public the criteria and recipients of the 10,000 local and 2,000 overseas scholarships "in the name of fairness, accountability and transparency is the least that the Cabinet should do at its meeting" today.

Other PR leaders present also reiterated that a full review and revamp of the current system is required, stressing an emphasis on merit over other considerations.

PKR's Seri Setia assemblyman Nik Nazmi Nik Ahmad also called for more transparency in the process of awarding the scholarships, pointing out that the funding for the scholarships came from the taxpayers.

"It is the taxpayers' money after all, so we should ensure that the best and brightest people get the scholarships in a transparent manner," said the political secretary to Selangor Mentri Besar Tan Sri Khalid Ibrahim.

DAP's youth wing chief Anthony Loke stressed that while certain allocations had been made, such as 20 per cent of scholarships being awarded based on merit, the issue remained that terms such as "merit" or "disadvantaged" were not made clear to the public.

"We want transparency so that the full list of JPA scholarships are made known to the public and we have raised this in Parliament, only to be told ‘the process is fair and just but we don't reveal names’," said the Rasah MP.

His sentiments were echoed by Kuala Selangor MP Dzulkifli Ahmad. "What is the status of rights in Malaysia if even matters of education cannot be resolved in a just manner?"

The PAS research chief added that meritocracy is "universal and very Islamic" and expressed his disappointment that young Malaysians were "subjected to this kind of poor leadership and governance."

DAP information chief Tony Pua suggested several reforms for the government to consider in light of the annual bout of appeals from school-leavers whose seemingly excellent academic qualifications have not been enough to guarantee scholarships.

"Why not allow the students to apply for university placements first so that these renowned institutions can process their application before our governments awards the scholarships?" asked the Petaling Jaya Utara MP.

Pua added that using STPM, A-levels or pre-university results rather than SPM would also help with the issue of too few scholarships for an ever-increasing slew of straight A students.

DAPSY slams arrest of leaders at candlelight vigil - The Malaysian Insider

2009-05-20T09:45:00.001+08:00

KUALA LUMPUR, May 19 — Police tonight continued their tough stance against protests as they arrested Serdang MP Teo Nie Ching and Teratai assemblywoman Jenice Lee at a candle-light vigil in Seputeh.

DAP Socialist Youth executive secretary Lim Zhen Hui confirmed Teo and Lee were among those arrested at the start of the vigil.

“DAPSY staunchly condemns the arrest of DAPSY leaders and members at a candlelight vigil in Seputeh earlier tonight,” Lim said in a statement.

“At a time when the people of Malaysia are mourning the accelerated death of democracy in this country fuelled by the shameful events in Perak, the police has reinforced the idea that democracy does not exist in this country.

“DAPSY demands the immediate release of all DAPSY leaders and members that were unjustly locked up tonight, and calls for the government to revive the democratic process to save the face of our nation that has been tainted by numerous scandals and instances of human rights abuse,” Lim added.

MP and rep among 11 arrested - Star

2009-05-20T09:42:00.001+08:00

May 20, 2009

KUALA LUMPUR: An MP and an assemblyman were among 11 people arrested following a candlelight vigil here calling for the dissolution of the Perak state assembly.

Serdang MP Teo Nie Chin and Teratai assemblyman Jenice Lee, both in their 20s, were arrested outside the Seputeh MP Teresa Kok’s office, near Jalan Kuchai Lama, at 8.20pm yesterday.

More than a dozen participants, who were all dressed in black and held posters, called for the dissolution of the assembly.

Police personnel, who kept a close watch on the protesters, gave them a deadline to disperse from the gathering.

When they did not heed the warning, police had to move in and arrested the 11 people.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid confirmed the arrests and added that the gathering was illegal as there was no permit issued.

Why no Federal Court written judgment on Perak – The Malaysian Insider

2009-05-19T21:55:00.001+08:00

By NH Chan

MAY 19 - Do you know why the Federal Court is not giving a written judgment in the Perak debacle?

The answer can be simply put. It is because Article 72 (1) of the Federal Constitution is written in unambiguous language which even a child can understand.

As I have said before in an earlier article that the words, “The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”, mean what they say.

Nothing can be plainer than that. No one in his right senses would try to interpret the obvious meaning of the words in Article 72, unless he wants to say the words mean something else. But the Federal Court was not prepared to do that. And the reason is because they do not want to be known as Humpty Dumpty judges.

Remember Humpty Dumpty in Lewis Carrol’s, “Through the looking Glass?”:

“But ‘glory’ doesn’t mean ‘a nice knock-down argument’,” Alice objected.

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean – neither more nor less.”

So the judges of the Federal Court did the unthinkable. They blatantly refused to apply the constitutional provision as it stands. They ignored it altogether.

But by so doing they have committed the cardinal sin of not administering justice according to law. It is the duty of every judge, indeed it is his only function, to administer justice according to law. And the law, in this context, is Article 72 (1) of the Federal Constitution which is the supreme law of the land.

Said Lord Denning, What Next in the Law, p 319:

“Parliament is supreme. Every law enacted by Parliament must be obeyed to the letter. No matter how unreasonable or unjust it may be, nevertheless, the judges have no option. They must apply the statute as it stands.”

Since the judges of the Federal Court, especially the infamous five, have refused to apply Article 72 (1) as it stands, they have, as a result, impaled themselves on the horns of their own dilemma.

They have, so to speak, placed themselves between the devil and the deep blue sea. Either way their position is untenable. By refusing to apply Article 72(1) of the Federal Constitution as it stands they would be guilty of a misuse of power.

As put by Lord Denning, ibid, p 380:

“May not the judges themselves sometimes abuse or misuse their power? It is their duty to administer and apply the law of the land. If they should divert it or depart from it and do so knowingly, they themselves would be guilty of a misuse of power.

And, in this country, this could be a ground for the judges to be removed from office. This is what section 2 of the Judges’ Code of Ethics 1994 says:

2. (1) This Code of Ethics shall apply throughout the period of his service.

(2) The breach of any provision of this Code of Ethics may constitute a ground for the removal of a judge from office.

And section 3 (1)(d) says:

3. (1) A judge shall not -

(d) conduct himself dishonestly or in such a manner as to bring the Judiciary into disrepute or to bring discredit thereto;

Judging by the unfair treatment of Nizar in his encounter with the Federal Court, public opinion has no doubt that the judges of the Federal Court has brought discredit to the Judiciary. The words of section 3(1)(d) are so clear and easy to understand that we do not need any court of law to explain it to us ordinary folk. We know what the words mean.

By not administering and applying the law, which in this case is the supreme law, of the land as it stands the errant judges have brought discredit to the judiciary – a ground for their removal from office.

And if the Government of the day failed to listen to the voice of the people then they have placed themselves in jeopardy of losing the next general election or any by-election or any State election in the future.

And finally, what about Ramly JCA the judge who had acted with indecent haste when he granted a stay to Zambry of the well-considered judgment of Abdul Aziz J.

Zambry was appealing against the High Court judge’s declaratory order in favour of Nizar. Like the judges of the Federal Court, he has not given any reason for his decision.

Ramly JCA granted the stay of the declaration which Nizar had obtained against Zambry. The judge was unable to explain why he granted the stay. As any lawyer will tell you it is unusual to stay a declaratory order. If such a stay is to be granted, there are legal arguments to be considered from both sides and the judge will have to say why he prefers the argument of one side as against the other.

The people’s perception of him as an unfair judge is the same as that of the errant judges of the Federal Court. Ramly JCA is in no better position than his seniors in the Federal Court.

N H Chan is a retired judge who last sat in the Court of Appeals.

Unfair award of PSD scholarships

2009-05-15T17:30:00.004+08:00

May 15, 2009 By Lim Kit Siang

Unfair award of PSD scholarships - suspend PSD DG for insurbordination or Ong Tee Keat should resign as Minister for failure to implement Cabinet policy decided in March

Yesterday, MCA President and Transport Minister, Datuk Seri Ong Tee Keat announced that the Government will review the selection criteria for Public Services Department scholarships and that a meeting the same day would be held among Barisan Nasional component party leaders, the PSD director-general and the Chief Secretary to the Government to discuss the matter and reconsider rejected cases.

However, the most senior MCA Minister was contradicted yesterday itself by the Public Service Department director-general, Tan Sri Ismail Adam, as reported in today’s New Straits Times, which carried the headline “’No review of PSD scholarship selection criteria’”, viz:

PUTRAJAYA: There will be no review of the selection criteria for Public Service Department scholarships, PSD director-general Tan Sri Ismail Adam said yesterday.

He said he had not received any directive to reconsider the criteria.

Unsuccessful applicants for scholarships had until Monday to appeal, he added.

MCA president Datuk Seri Ong Tee Keat said on Wednesday there would be a review of the PSD criteria for giving out scholarships.

Ismail denied there was a meeting among Barisan Nasional component party leaders, the chief secretary to the government and himself, as claimed by Ong.

Ismail also denied Ong’s claims on the current selection criteria.

Who is lying? The MCA President or the PSD DG?

If it is the MCA President, then Ong should resign; but if it is the PSD director-general, then Ismail should be suspended from office immediately for public insurbordination of a Cabinet Minister and the Cabinet!

This period of the year has been described as the “annual begging season” when Malaysians have to beg for scholarships from the PSD although they are entitled to them because of their excellent academic results and meritocracy.

This is followed by the annual rigmarole of Barisan Nasional component parties trying to champion aggrieved students who had been by-passed in the PSD scholarships despite having brilliant academic results, when all these injustices and power abuses would have been prevented if there is in place a fair and transparent PSD scholarship system which is not prey to discriminatory regulations or the whims and fancies of individual bureaucrats.

Malaysians were as good as promised that they would be spared this humiliating “annual begging season” this year as there is now a new Prime Minister, Datuk Seri Najib Razak and his slogan of “1Malaysia. People First. Performance Now.”

This slogan captured beautifully what was wrong with the PSD scholarship awards in the past years as to turn this period into an “annual begging season” – precisely because they failed to observe all the three criteria of “1Malaysia. People First. Performance Now”.

It is an indictment of the hollowness of Najib’s slogan of “1Malaysia. People First. Performance Now” that the “annual begging season” is again being played out after the PSD announced results of its foreign degree scholarships last Friday.

Yesterday, Najib said he wanted to be the People’s Prime Minister.

He said the government must “listen to the pulse of the nation” which was the reason why he started his walkabouts.

He said:

“I went to Puduraya (bus terminal) so that I could smell the sweat, the grime and the dust. This is totally different if I were to listen to a briefing on the terminal by the mayor in my air-conditioned room. You are able to look deeply and assess the real situation.

“I do not want formality, red-carpet welcomes, garlands and so on. I just want to continue going down to the ground. Even if there is no (media) coverage, it is OK as I want to be the people’s prime minister.”

This is all well and good and commendable, if he really wants to empathise with the cares and woes of ordinary Malaysians, why had Najib been insensitive to the cries of outrage of Malaysian for the past week at the injustices of the PSD foreign degree scholarship awards?

Why had Najib failed to intervene personally to resolve the issue even after the subject had been raised in the Cabinet on Wednesday – especially as PSD comes directly under the responsibility of the Prime Minister?

In fact, the present batch of Cabinet Ministers are guilty of serious remiss of responsibility in failing to resolve the problem at the Cabinet meeting on Wednesday, as Tan Sri Bernard Dompok had announced as far back as March (Star 27.3.09) details of a new PSD scholarship scheme for foreign degrees, viz: 20 per cent or 400 of 2,000 scholarships for excellent students, 60 per cent or 1,200 scholarships for bumiputra and non-bumiputra SPM leavers; 10 per cent for 200 scholarships for Sabah and Sarawak bumiputra SPM leavers; the remaining 10 per cent for disabled students who excelled in their studies.

Why has this new PSD foreign degree scholarship scheme not been implemented? Was there insubordination by the “Little Napoleons” in the PSD?

Even if there had been insurbordination by “Little Napoleons” in the PSD, why were the Cabinet Ministers so ineffective and impotent at the last Cabinet meeting as not able to ensure that the new PSD scholarship scheme decided by the previous Cabinet is carried out without any sabotage or insurbodination?

According to last year’s SPM results, three students scored 16 1As, two scored 15 1As, six 14 1As, 41 of them scored 13 1As while 229 scored 12 1As.

Have everyone of these SPM top-scorers been awarded PSD scholarships if the new system of meritocracy is in place? Malaysians are entitled to a clear answer.

In the past week, the press have been full of reports of SPM top-scorers with 14 1As, 13 1As, 12 1As, 11 1As and 10 1As (like the case of Ma Ye Voon of Seremban which was raised by DAP MP for Rasah Anthony Loke) who had been by-passed in the PSD foreign degree scholarship awards, while others with seven or eight 1As are successful.

The MIC Deputy Minister in the Prime Minister’s Department, Datuk S. K. Devamany had advised those who had failed to secure a PSD scholarship not to despair as there are many other opportunities.

The issue is not about disappointment or sense of despair of students bypassed in the PSD scholarships, but the sense of injustice that they are victims of a system which is blatantly unfair and discriminatory! What are the Ministers and Deputy Ministers doing to end such an unfair and unjust system so that unsuccessful applicants for PSD scholarships do not go away nursing a life-long burning sense of injustice and grievance?

The PSD interviewed 8,363 out of the 15,084 candidates who had applied for 2,000 scholarships under the foreign degree programme between March 31 and April 3. Those unsuccessful have been given until Monday, 18th May, to appeal.

But how is the PSD going to give scholarships to SPM top-scorers without doing a new injustice, in withdrawing scholarships to the existing batch of 2,000 successful students?

Is the government prepared to increase and even double the number of PSD foreign degree scholarships this year?

The 2009 budget for local and foreign scholarships is RM233 million – which is a small fraction of the gross waste of public funds in other sectors, like the RM12 billion Port Klang Free Zone scandal, for which Malaysians are still waiting for Ong Tee Keat to fulfil his promise to “tell all” and make public the PricewaterhouseCoopers report on the PKFZ scandal.

If the government does not squander public funds in mega-scandals like the RM12 billion PKFZ scandal, it would find no difficulty in doubling or even trebling the budget for PSD scholarships, as the RM12 billion which is reported to be the latest update on the total costs which have to be borne by the taxpayers for the project is some 50 times of the annual PSD scholarship allocation!

I call on Najib to give his personal attention to ensure that all the SPM top-scorers with more than 10 1As are awarded PSD scholarships, as a first step to make his slogan “1Malaysia. People First. Performance Now” really meaningful.

'No review of PSD scholarship selection criteria' - NST

2009-05-15T10:51:00.002+08:00

May 15, 2009

PUTRAJAYA: There will be no review of the selection criteria for Public Service Department scholarships, PSD director-general Tan Sri Ismail Adam said yesterday.
He said he had not received any directive to reconsider the criteria.

Unsuccessful applicants for scholarships had until Monday to appeal, he added.

MCA president Datuk Seri Ong Tee Keat said on Wednesday there would be a review of the PSD criteria for giving out scholarships.

Ismail denied there was a meeting among Barisan Nasional component party leaders, the chief secretary to the government and himself, as claimed by Ong.
Ismail also denied Ong's claims on the current selection criteria.

Ong was reported to have said that the selection was based on four criteria -- merit (20 per cent), race (60 per cent), Sabah and Sarawak residents (10 per cent) and students from underprivileged groups (10 per cent).

"I think he may have confused it with the distribution of scholarships. We practise a meritocracy system with the criteria: academic (75 per cent), co-curricular activities (10 per cent), family background (10 per cent) and interview (five per cent)."

He said the choice of courses played a crucial role on whether candidates were awarded a scholarship or not.

He said since the results of the offer were announced last Friday, his department had received more than 2,000 appeals.

Calls for fresh Perak elections hard to ignore - The Malaysian Insider

2009-05-15T09:17:00.001+08:00

KUALA LUMPUR, May 15 — The worsening crisis in Perak is fast becoming a political runaway train that is lurching out of control for the Barisan Nasional government.

Unless the paralysis in Perak is quickly resolved, the crisis could define the first 100 days in office of Prime Minister Datuk Seri Najib Razak and distract his administration's attention away from managing the slumping economy, analysts and politicians say.

Already, several senior politicians from Najib's own ruling Umno party are calling on the government to dissolve the state assembly and pave the way for fresh elections.

Calling for fresh polls, former Umno vice-president Tengku Razaleigh Hamzah wrote in his widely followed blog: “At this stage, there is no other way to restore both public confidence and constitutional legality to the Perak state government and, by extension, our entire system of government.”

For now, Najib is reluctant to go down that path because a drubbing for BN in a snap poll is a foregone conclusion.

There is also the question of personal pride. Najib personally led the campaign to wrest power in Perak in early February, just weeks before being installed as premier.

To back down now could be interpreted as political weakness by his followers in his embattled party.

But as the crisis worsens, many analysts and senior politicians say that his government's determination to cling on to power amid growing public opprobrium will only enhance the franchise of the opposition coalition.

The Perak impasse has also raised concerns over the independence of institutions such as the civil service, the country's security agencies and the justice system.

Last week's shocking removal of the Speaker of the state assembly — who is from Pakatan Rakyat — by government security personnel, as well as the arrests of opposition supporters, prompted a surprisingly sharp reaction from the state-backed Human Rights Commission of Malaysia, better known as Suhakam.

“It somewhat makes us wonder whether service to the people is subordinated to service to political interests,” Suhakam's chairman Tan Sri Abu Talib Othman, who was also one of the country’s longest-serving attorneys-general, said in a statement.

Echoing a view shared by politicians from both sides of the divide, he also noted that “perhaps the time has come for the people of Perak to be given the opportunity to exercise their right to choose again the government of their choice”.

The power grab has also inadvertently boosted the popularity of the opposition, particularly PAS.

A key beneficiary has been the ousted Mentri Besar Datuk Seri Nizar Jamaluddin, who is from PAS.

The soft-spoken politician has succeeded in capturing the imagination of the Perak people with his populist policies.

More importantly, Nizar's stoic response to the Umno-led onslaught, which among other things included labelling him a traitor to the Malay community, has improved the political standing of PAS as a national party that can be counted on to protect the interests of non-Malays.

BN and Najib were presented with an opportunity to stop the Perak runaway train this week. The High Court's decision on Monday to declare Nizar as the rightful menteri besar and Nizar's call for fresh state elections offered a way out of the mess.

For sure, the outcome would not have been ideal because fresh state elections would undoubtedly see the ruling coalition get soundly defeated at the ballot box.

Still, it would have removed Perak from the national agenda and allowed the ruling coalition to focus its attention on renewing its appeal among voters.

By digging its heels in over Perak, the Najib administration is only providing the opposition with ammunition against the government that will last it until the next general election, which must be held before 2013.

As the saying goes, opposition parties do not win elections. Governments lose them

Kenyataan Media Pakatan Rakyat

2009-05-14T17:58:00.001+08:00

By Anwar Ibrahim

Kenyataan Akhbar Majlis Pimpinan Pakatan Rakyat

14 Mei 2009

Majlis Pimpinan Pakatan Rakyat telah mengadakan pertemuan di Pejabat PAS Jalan Raja Laut dan telah mengambil keputusan berikut:

Pakatan Rakyat mengambil sikap terbuka dan bersedia untuk bertemu dengan YAB Perdana Menteri untuk memperkukuhkan demokrasi dan institusi kerajaan negeri Perak. Kami mengulangi pendirian bahawa mandat seharusnya diserahkan kembali kepada rakyat Perak untuk menentukan kerajaan yang sah.

Kami mengambil maklum bahawa terdapat badan-badan dan individu seperti Yang DiPertua Dewan Negara, institusi seperti Suhakam, Majlis Peguam, ahli akademik, pemimpin dari parti komponen BN dan pelbagai pihak lain yang berpandangan bahawa penyelesaian terbaik bagi masalah Perak adalah dengan membubarkan Dewan Undangan Negeri bagi membolehkan pilihanraya baru diadakan.

Pakatan Rakyat juga kesal dengan tindakan junta Myanmar yang telah menangkap pejuang hak asasi Myanmar Aung San Suu Kyi atas tuduhan rasuah. Tuduhan tersebut adalah tidak munasabah dan tidak dapat diterima. Sehubungan dengan itu pihak kami menggesa kerajaan ASEAN untuk mengambil tindakan dan mendesak Myanmar membebaskan beliau tanpa syarat.

Dato’ Seri Anwar Ibrahim
Dato’ Seri Abdul Hadi
Lim Kit Siang

Najib says it again, we can talk about Perak but ... - The Malaysian Insider

2009-05-14T16:05:00.001+08:00

By Syed Jaymal Zahiid

PUTRAJAYA, May 14 — Datuk Seri Najib Razak today reiterated that Barisan Nasional is willing to talk to Pakatan Rakyat in order to resolve the political deadlock in Perak but stressed that there must be no preconditions.

"It must also be done with respect towards the rules, inside or outside the state assembly, and there must not be any preconditions," the prime minister told a press conference today.

In a bid to find a solution to the three-month-old impasse in Perak, Pakatan leaders said they are willing to let their guard down and cooperate with rivals BN in finding ways to resolve the matter.

However, BN must agree to dissolve the state assembly and hold fresh elections before Pakatan leaders would agree to sit down and talk but Najib today said it is not for him to decide if the state assembly should be dissolved or not.

"That is up to the Sultan to decide," he said.

Although Najib's statement is technically correct, the public and especially Perakians believe that BN's reluctance to agree to the dissolution of the state assembly to pave the way for fresh elections is because the ruling coalition fears that it would perform poorly just as it did in past by-elections.

Najib, however, said BN fears no one and is always willing to face the music.

"BN is not afraid. We have to face the rakyat and we will face the rakyat. We have faced the rakyat many times," he said.

Meanwhile, Najib also commented on PAS spiritual leader Datuk Seri Nik Aziz Nik Mat’s rejection towards the unity government proposal, saying that Umno had never proposed anything to the Islamic-based party as claimed by many.

"So how can you (Nik Aziz) reject what was never even proposed in the first place," he said.

Who is the legitimate MB of Perak now?

2009-05-13T12:05:00.003+08:00

Is it Nizar?
Pix courtesy of The Star

Or is it Zambry?
Pix courtesy of The Malaysian Insider

Come on Najib, we Perakian do not need your 1Malaysia. We need 1Perak, Perakian First and Election now. Got it? Let Perakian decide what is best for them NOT the court.

Dissolve state assembly, Ku Li urges Sultan - Star

2009-05-12T15:12:00.000+08:00

May 12, 3009 By SYED AZHAR

KOTA BARU: Umno veteran Tengku Razaleigh Hamzah has urged the Sultan of Perak to dissolve the Assembly to prevent the political imbroglio in the state from spiralling out of control.

In a blog posting on Monday, he noted that he had written on Feb 7 that Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin was still the legal mentri besar despite the takeover by Barisan Nasional.

He had said then that according to the state constitution, Nizar was the mentri besar until he resigned of his own accord or was removed by a vote of no confidence in a formal sitting of the Assembly.

The Perak constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority, he had written then.

“Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Nizar has been and remains the mentri besar,” Tengku Razaleigh wrote on Monday,

The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.

Tengku Razaleigh urged the Sultan of Perak, Sultan Azlan Shah, to dissolve the Assembly.

“This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak, damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion,” he said.

He said the Dr Zambry’s administration had been illegitimate all along and all decisions and contracts were made without legal status.

“The cascade of illegalities we warned of must now be unwound painfully. This includes the deplorable events of May 7 in Ipoh. It means the resolution to replace the Speaker was brought by an illegal state government,” he added.

In his no holds barred style, Tengku Razaleigh also said that the monarchy itself has been embarrassed by this episode, as well as by “a systematic programme by some to inflame this issue into one of race and treason.”

“Such attempts only hurt the institutions they claim to protect, and they hurt Umno and Barisan Nasional.

“The real issue has always been the Constitution and the Rule of Law, and the monarchy is protected in its role of upholding the primacy of the Constitution.

“Umno is not well served by leaders who place short-term political objectives above the Constitution,” he added.

Perak assembly: Police behaviour illegal, unacceptable - Malaysiakini

2009-05-12T08:30:00.000+08:00

By Tan Sri Ramon V Navaratnam | May 11, 09 3:55pm

We refer to the Malaysiakini report on Sivakumar dragged out, BN speaker takes over.

The Centre for Public Policy Studies (CPPS) is deeply troubled by the manner in which proceedings were held in the Perak state assembly.

The shouting matches and ensuing scuffles as well as the removal by force of the speaker were most regrettable. It painted a very poor image of Malaysia at home and on the international stage.

Even more troubling was the conduct of the police in this matter. The police’ presence inside the assembly, whilst arrogating the powers of the speaker and employing force to remove him from the assembly is unacceptable and illegal.

Furthermore, the harassment and mass arrests of protesters was a violation of human rights, specifically the freedom of expression, which is guaranteed in our constitution.

The CPPS urges the police to exercise greater restraint when facing dissent and to respect the principles of human rights and our federal constitution as well as the rule of law, which form the very principles of democracy promoted by our founding fathers.

The CPPS further notes that the current crisis in the state of Perak has gone for far too long.

It has created much restlessness, resentment, displeasure and great uncertainty amongst the rakyat.

The CPPS believes that it is time to go back to the polls and allow the 'rakyat', whom governments ultimately serve, to elect their leadership in a free and fair election.

Only through fresh elections can we hope to move forward from this current stalemate and focus on the many socio-economic and political challenges facing our country today.

This is important not only for Perakians but all Malaysians as the future of our democracy is at stake.

Tan Sri Ramon V Navaratnam is chairperson, Centre for Public Policy Studies

Judge orders Zambry, excos to vacate posts - Malaysiakini

2009-05-11T16:22:00.000+08:00

May 11, 09 4:05pm

The Kuala Lumpur High Court has also ordered Barisan Nasional MB Zambry Abdul Kadir and his six executive councillors to vacate their posts with immediate effect.

Justice Abdul Aziz Abd Rahim said this must be done in order for Pakatan Rakyat’s ousted menteri besar Mohammad Nizar Jamaluddin and his excos to move back into their offices.

The court also ordered for a fresh state elections to be held.

Commenting on the judgment, opposition stalwart Lim Kit Siang said Mohammad Nizar will seek an audience with Perak ruler Sultan Azlan Shah to seek his approval to dissolve the state assembly.

"This is a great judgment. This is the first time the court has restored public confidence in the judiciary," he added.

Nizar is rightful MB: High Court - Star

2009-05-11T16:10:00.000+08:00

May 11. 2009

KUALA LUMPUR: The High Court here ruled rule on Monday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, and not Barisan Nasional’s Datuk Seri Dr Zambry Abdul Kadir.

In an immediate response, Zambry said he would apply for a stay pending appeal.

In his ruling, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.

He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.

He noted that the Perak State Legislative did not hold a vote of no confidence.

In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.

Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.

According to the Nutgraph, the judge ruled ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:

(a) The chief minister has lost the confidence of the House, and

(b) The chief minister has refused to resign and failed to advise a dissolution.

Nizar had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.

On March 6, Justice Lau Bee Lan had ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.

However, on March 23, the Federal Court ruled that the case of who the rightful mentri besar is should be heard by the High Court.

Nizar’s lead counsel Sulaiman Abdullah, in wrapping up his submissions last week, said the Constitution was the “genius of the Malaysian people”, adding that the court had a duty to uphold it. Over the last few days, he had submitted that the Sultan, while granted powers in the Perak Constitution to appoint a mentri besar, could not dismiss him.

The only way Nizar could be dismissed, he said, was through a vote of no-confidence in the House.

He also said that a mentri besar could request for the State Assembly to be dissolved in the middle of a term without losing the confidence of the majority of the House.

Dr Zambry’s lawyer Datuk Cecil Abraham, however, argued that Nizar went by Article 16(6) of the Perak Constitution when he sought an audience with the Sultan – this article specifically provides for the mentri besar to request for a dissolution when he has lost the confidence of the majority in the House.

Under the article, Nizar is required to tender the resignation of his executive councillors when his request was rejected, he said.

Nizar is expected to seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.

Court rules Nizar as legitimate MB - Malaysiakini

2009-05-11T16:04:00.001+08:00

May 11, 09 10:54am

The Kuala Lumpur High Court today paved the way for a fresh round of battle in Perak by declaring that BN's Zambry Abd Kadir is not the legitimate menteri besar of Perak.

The decision by justice Abdul Aziz Abd Rahim today rubberstamped ousted Pakatan Rakyat MB Mohammad Nizar Jamaluddin's argument that he is still the legitimate menteri besar.

Zambry's lawyer Cecil Abraham's application for a stay of proceedings pending an appeal was also rejected by the court.

The decision is now set to bring about more uncertainty in the state.

Only last Thursday Zambry and the BN coalition had made some inroads on the state assembly by gaining an upper hand by removing the Pakatan appointed speaker V Sivakumar and replaced him with R Ganesan from MIC.

Nizar had sought a declaration that he was the he was the rightful menteri besar and to prevent Zambry from discharging his duty.

The state has been in a political impasse since February after Sultan Azlan Shah urged Nizar to step down and appointed Zambry as the menteri besar.

The sultan's decision was based on the defection of three Pakatan elected representatives to become BN-friendly independents.

Nizar however has questioned the legitimacy of Zambry's appointment and has been pushing for the state assembly to be dissolved so that fresh elections could be held.

Nizar's lawyers previously argued in the court that if he got the declaration, he would seek a fresh mandate to resolve the political deadlock.

At present Pakatan and BN have 28 seats each in the state assembly but the three BN-friendly independents have shaded the power towards the BN side.

Manoharan: Pakatan helped all they could - The Malaysian Insider

2009-05-11T10:26:00.001+08:00

By Melissa Loovi

KUALA LUMPUR, 10 May - Despite leader P. Waythamoorthy and his brother P. Uthayakumar's apparent frustrations with Pakatan Rakyat for not doing more to speed up the Hindraf trio's release, fellow founder of the Indian rights group, M. Manoharan, firmly disagrees.

"People like Karpal Singh and even Tan Sri Khalid Ibrahim did all they could to help get me and the others released," said the newly-released 48-year old lawyer at a Mother's Day celebration organised at his Kota Alam Shah service centre today.

"They, and other Pakatan representatives, appealed to the courts repeatedly and Tan Sri Khalid even approached the Sultan (of Selangor) on my behalf but the Sultan said the matter could only be dealt with by the Agong."

Manoharan's words come after Uthayakumar yesterday voiced his dissatisfaction with the lack of help given by the opposition coalition in getting the Hindraf detainees released.

Waythamoorthy, who is in self-imposed exile in London, has has also been increasingly critical of PR.

In a statement issued from London last week, he labelled the Hindraf trio's release as a “blatantly obvious move to divert the attention of the public” from the Perak fiasco. He added that there was nothing Hindraf should be thankful for.

“We are not thankful for the release of our lawyers under the ISA unless the government fulfills the 18 point demands that were submitted to the government in 2007.”

He also wants the government to acknowledge the alleged poor treatment received by the Indian community in this country and release not just the Hindraf trio, but all ISA detainees and abolish the law.

His brother, P. Uthayakumar, who was released yesterday along with T. Vasanthakumar and Manoharan told The Malaysian Insider he was "not happy with the two parties (PKR and DAP) and what they have done for the Indian community.

“They did not do enough in the critical areas that really matter," said the outspoken leader, adding that if PR had done more with the states under their governance, especially regarding land issues, it would solve 70 per cent of the Indian community's problems.

However, Manoharan, who won his state seat from within the walls of Kamunting under the DAP banner, is clearly taking a different stance.

He says he will speak to Waythamoorty to explain to him that PR had indeed done all they could.

In particular, he noted the help and support of DAP National Chairman Karpal Singh, Secretary General Lim Guan Eng and Parliamentary Leader Lim Kit Siang.

Hindraf trio released from ISA - Star

2009-05-09T16:11:00.003+08:00

May 9, 2009 By CHAN LI LEEN

KAMUNTING: Internal Security Act (ISA) detainees M. Manoharan, K. Vasantha Kumar and P. Uthayakumar have been released from the Kamunting detention camp.

Manoharan and Vasantha Kumar, leaders from the banned Hindu Rights Action Force (Hindraf) left the camp at 2.30pm in umarked cars.

Twenty minutes later, Uthayakumar left the camp.

M. Manoharan (left) and K. Vasantha Kumar (right) have been released from the Kamunting detention camp at 2.30pm Saturday.

Earlier, several ISA detainees were also believed to have been released from the Kamunting detention camp.

The first batch were seen leaving in an Immigration Department van at about 12.40pm on Saturday while more left in an unmarked van which was accompanied by four cars about 40 minutes later.

Meanwhile, IGP Tan Sri Musa Hassan confirmed that all 13 ISA detainees slated to be released were being freed Saturday.

The five local ISA detainees were being released with conditions. If they flouted any condition, they would be hauled back in, he said.

The eight foreigners have been handed to the Immigration Department for deportation to their respective countries.

It is learnt that five of them are alleged Abu Sayaff members while the other three are suspected Darul Islamiah members.

Home Minister Datuk Seri Hishammuddin Hussein had announced on Friday that 13 ISA detainees would be released soon.

On Saturday, several family members of two Hindraf leaders were also present at the camp.

Among them were K. Vasantha Kumar’s mother, R. Manomani 62 and his sister K. Parameswari, 37 and P. Uthayakumar’s fiancee S. Indradevi.

“I am very relieved and very happy. I have a flu but I had to come and see my son,” said a tearful Manomani.

Press members, meanwhile, started gathering outside the camp as early as 8am.

Only Perak sultan can provide the cure - Malaysiakini

2009-05-09T16:06:00.003+08:00

Tunku Abdul Aziz | May 9, 09 3:19pm

I never for a moment thought I should live to see the day when a traditional hereditary ruler of a Malay state has taken such a rapid slide in his people’s estimation, approbation and adulation as has Sultan Azlan Shah of Perak.

It took one unfortunate, ill-conceived and ill-considered decision over a petition by the Pakatan Rakyat Mentri Besar Datuk Nizar Jamaluddin, to dissolve the Perak state assembly that has transformed Perak into a politically difficult and dangerous situation.

His Highness Sultan Azlan Shah is no ordinary ruler.

As a former Lord President and head of the Malaysian judiciary, he ascended the throne of Perak as someone well-qualified by education and training for what, for all practical purposes, is a largely ceremonial sinecure.

Be that as it may, the position carries a heavy constitutional responsibility.

It has become quite apparent that while his legal knowledge may be assumed to be extensive, his training more than adequate, his wisdom in dealing with a delicate and important political matter of public concern, on reflection, has in my humble opinion, turned out to be questionable.

A great deficiency in a ruler who showed so much early promise of being a wise, liberal-minded and benevolent leader.

When the final chapter of the Perak constitutional fiasco comes to be written, the country, and the world, will be able to revisit and understand better the magnitude of the debilitating effects of the royal decision on the Malaysian body politic.

A Greek tragedy pales by comparison

Malaysians, in particular, will view with horror the ugly scars left on their nation’s nascent democracy, and they will be constantly reminded how one hasty error of judgement was enough to trigger a political tragedy of the worst imaginable kind. A Greek tragedy pales by comparison.

The saddest part of all is that the resultant unseemly legal wrangling could have been avoided.

The fact that the flawed decision was not reversed, within a day or two when it became abundantly clear that the decision not to dissolve the assembly and call for fresh elections was manifestly unfair and unethical, was nothing if not sheer carelessness, in all the circumstances.

I maintain that even now it is not too late to reverse that politically fatal decision and bring to an end this disgraceful episode in the history of participatory representative government in our country.

There is no disgrace or humiliation in coming to terms with one’s honest mistake. No one, even the wisest among us, is infallible.

If the sultan believes, as we know he does passionately, that his royal duty is to serve the public interest, then NOW is the time to give that commitment practical effect.

The Perak fiasco is not about to run out of steam. We must accept that the situation will get worse before it gets better. I saw the images from the state assembly “sitting” on national television at lunch time today (May 7, 2009) with a sense of unbounded revulsion. The scene of warring politicians shouting invective was not a joy to behold.

The Perak affair is like a running sore

To use a medical analogy, the Perak affair will be a running sore. Only the sultan of Perak can provide an effective cure.

najib announce new cabinet lineup 090409 06To ignore what is obviously an untenable constitutional position is an act of grave irresponsibility, and while the prime minister thinks it is a great idea for him to give the impression that he is above it all, I should like to remind him that he is not blameless, far from it.

It was his active act of muddying the Perak political waters that brought about this current crisis in the first place.

He now has a chance to show that he is not a partisan prime minister, but a national statesman who is prepared to intervene decisively to put matters right in fairness and equity.

Looking back, it was not such a clever personal coup after all. His machination was so abysmally repugnant even judged by the consistently low ethical and moral political standards of Umno/BN that I find myself wondering whether I could trust him enough to buy my next second-hand car from him; this is the same man trying to persuade us to buy his 1Malaysia. What a man! (With apologies to GB Shaw)

Tunku Abdul Aziz, former head of Transparency International Malaysia, is vice-chairperson of DAP

Padungan Assemblyman, Wife And Eight PKR Members Detained - Bernama

2009-05-08T08:58:00.000+08:00

KUCHING, May 7 (Bernama) -- Padungan assemblyman Dominique Ng, his wife and eight Parti Keadilan Rakyat (PKR) members were detained tonight for holding an illegal gathering at the Kuching waterfront here.

Dressed in all black, they were believed to have assembled there to protest the arrest of Bersih activisit Wong Chin Huiat under the Sedition Act on Tuesday and what happened at the Perak State Assembly sitting today.

Kuching police chief ACP Wong Wai Loong told Bernama when contacted tonight that they were detained for refusing to heed police advice to disperse.

Nizar: Assembly 'illegal and unconstitutional' - Malaysiakini

2009-05-07T18:47:00.001+08:00

Kuek Ser Kuang Keng & Andrew Ong | May 7, 09 6:38pm

Pakatan Rakyat is maintaining that the Perak state assembly did not convene today and Barisan Nasional's actions in the state assembly hall were "illegal and unconstitutional".

This was despite Pakatan participating in the assembly ‘proceedings' which saw the Perak Regent Raja Nazrin Shah reading the royal address before the sitting was adjourned.

Speaking to reporters after BN-appointed speaker R Ganesan adjourned the sitting, Nizar slammed the police and BN ‘samseng' (thugs) for interfering with the proceedings.

He also lashed out at the BN and its cohorts for forcefully removing speaker V Sivakumar and physically hurting Pakatan state representatives.

"Their actions were evil and violated the sanctity of the house," he said, while being flanked by his assemblypersons and speaker Sivakumar.

Bar says today was a bleak day for democracy - The Malaysian Insider

2009-05-07T18:31:00.002+08:00

KUALA LUMPUR, May 7 — The Bar Council condemned the police interference and what it says was “unwarranted action” in putting down protests and removing V. Sivakumar from the Speaker’s chair in the Perak state assembly today.

Ragunath Kesavan, the Bar Council president, said in a statement today that that the police acted in an unjustifiable and unacceptable manner when they physically removed Sivakumar from the assembly.

The Perak state assembly sitting was thrown into a state of chaos with shoving and shouting matches between Pakatan Rakyat (PR) and Barisan Nasional lawmakers.

In a controversial move, BN lawmakers attended a sitting in one corner of the assembly which was presided over by deputy speaker Hee Yit Foong, and voted to remove Sivakumar as Speaker of the assembly.

The move will most certainly be questioned as the sitting had at that point not been declared open yet by Raja Nazrin Shah.

BN assemblymen subsequently had R Ganesan declared the new speaker. Plainclothes policemen then came into the assembly and forcibly removed Sivakumar from the speaker’s chair.

Aside from what happened in the assembly, Ragunath was also scathing in his comments about the dozens of arrests made outside the assembly, and for blocking invited guests from entering the state secretariat building.

“It is obvious that the conflicts that are currently being played out arise from the lack of clarity and certainty about which political coalition commands the majority in the Dewan Undangan Negeri Perak.

“Issues as to whether certain assemblymen should be permitted to attend the sitting, who the Speaker should be, the seating arrangements within the Dewan itself, all these and more are mere side-issues. Even when all is said and done, and the court decisions have been made, they may not reflect the will of the people.

“As such, the only solution must be to go back to the people.”

Ipoh ‘a warzone’, says Kit Siang - Malaysian Insider

2009-05-07T17:45:00.001+08:00

UPDATED 12.00pm

DAP adviser Lim Kit Siang argues with police personnel over not being allowed to enter the Perak state secretariat building

GOF personnel stand guard outside a restaurant near the Perak state secretariat building to enforce the 500m ban from the building

Police arrest Kubang Kerian MP Salahuddin Ayub in Ipoh today.

* Ipoh restaurant owners refuse to close shop. Police give up and instead start buying drinks

* Police order closure of all restaurants in vicinity of state secretariat in order to disperse crowds

* Parit Buntar MP Mujahid Rawa arrested in Ipoh

Yet another arrest, this time of Sg Siput Member of Parliament Jeyakumar, who was detained about 10m from the so-called “democracy tree”

* According to Lim Kit Siang, those arrested so far include Lau Dak Kee, DAP veteran chairman, former rep R.K. Muthu, blogger Zorro (Bernard Khoo), Lee Kong Hing, previous Negri Sembilan state organising secretary, Sg Pinang rep Koid Teng Guan, Bahau rep Tey Kok Seong, Temiang rep Ng Chin Tsai, Teratai rep Jenice Lee, Melaka rep Khoo Poay Tiong, Taiping DAP Youth chief Tey Kok Lim.

* PAS Youth chief Salahuddin Ayub detained for illegal assembly about 20m from the so-called “democracy tree”

* 22 people have been arrested so far including former Perak DAP Chief Lau Dak Kee.

Ipoh Barat MP (second left) arguing with Ipoh OCPD Azizman Alias after he and Ipoh Timur MP Lim Kit Siang were banned from entering the state secretariat building in Ipoh. Pix courtesy of The Star

Teratai ADUN arrested

IPOH, May 7 — Eleven people, including two lawmakers, were arrested and scores others refused entry into the Perak State Secretariat as police locked down Ipoh city into what DAP supremo Lim Kit Siang called "a warzone" ahead of a controversial state assembly meeting.

Traffic was gridlocked as police rolled out barbed wire and mounted road blocks in a 500-metre radius from the building, allowing in only those with special passes and prevent hundreds of protesters clad in black T-shirts from the sitting to be opened by Raja Muda Raja Nazrin Shah.

Police confiscated two boxes of the banned "One Black Malaysia" printed t-shirt from the Pakatan Rakyat supporters stall in Manjoi. Pix courtesy of The Star

"This has become a war zone. This is a national and international disgrace. Even when we have received official invites from the speaker, we are refused entry," Lim told reporters outside the restricted zone after his car was stopped from entry.

"It is most shameful and outrageous," the Ipoh Timur MP added. Beside him was Ipoh Barat MP M. Kulasegaran who was also not allowed into the complex. Kula's personal aide was earlier detained by police for refusing to leave the place.

PKR Wanita chief and Ampang MP Zuraida Kamarudin and DAP's Teratai assemblywoman Jenice Lee were also among those arrested. Both were clad in black T-shirts and wore caps that said “Bubarkan DUN” or “Dissolve the State Assembly”, a key demand by the Pakatan Rakyat government toppled by Barisan Nasional in early February.

The electoral reform group Bersih, comprising opposition parties and some activists, urged Malaysians to wear back today, prompting police to arrest its spokesman Wong Chin Huat two days ago for sedition. The media studies lecturer is expected to be released from police remand tomorrow.

It is learnt that police have seized 200 black T-shirts emblazoned with the words “1BlackMalaysia” from a stall near a Kampung Manjoi surau where PAS supporters had earlier performed subuh or dawn prayers. Police had earlier warned against people gathering or wearing black.

They also shut down the roads around the state secretariat, causing traffic congestion in this normally sleepy capital city. Police said the roads will be reopened later in the day.

Ousted Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and his executive council together with backbenchers, equalling the Barisan Nasional numbers at 28, were taken with police escort to attend the sitting in the 59-seat assembly.

Three other lawmakers are independent after they walked out of Pakatan and precipated the imbroglio.

Police yesterday set up roadblocks at the Jalan Panglima Bukit Gantang Wahab-Jalan St John junction and near the Jalan Tunku Abdul Rahman flyover.

They had obtained a court order to prevent illegal gatherings around the state secretariat and traffic police were on hand to divert traffic around the government sector in Ipoh.

Chaotic Perak Assembly Sitting With Two Speakers - Bernama

2009-05-07T12:29:00.000+08:00

IPOH, May 7 (Bernama) -- Commotion reigned at the Perak state assembly sitting today after Speaker V. Sivakumar refused to start proceedings for as long as Menteri Besar Datuk Seri Dr Zambry Abdul Kadir, the six Barisan Nasional (BN) executive councillors and three Independent assemblymen were in the House.

Immediately after taking his seat at about 10am, Sivakumar ordered the 10 assemblymen to leave the hall on the basis that they had been suspended.

The commotion that ensued left the Regent of Perak Raja Dr Nazrin Shah waiting in the holding Royal Room, for the official opening of the assembly session.

Zambry and the other nine assemblymen, however, ignored Sivakumar's order.

Former Menteri Besar Datuk Seri Mohammed Nizar Jamaluddin and his former executive council (exco) members remained seated at the seats allocated for the Menteri Besar and exco members, while Zambry and the new exco members were seated on the opposition side.

Zambry then stood and proposed a motion to sack Sivakumar as Speaker, with the 27 BN assemblymen and three Independents raising their hands in support.

But Sivakumar rejected the motion and explained that Zambry could not table the motion as he had been suspended from the assembly.

This caused the assemblymen on both sides of the political divide to hurl insults at each other.

Zambry then proposed the motion again which was supported by the BN and Independent assemblymen.

In response, Sivakumar ordered the House sergeant-at-arms to remove the 10 assemblymen but Zambry said that Sivakumar had been expelled.

At 10.48am, Deputy Speaker Hee Yit Fong then took over to preside over the assembly sitting from the opposition seat.

Zambry then proposed that former Sungkai assemblyman Datuk R. Ganesan be appointed as the new Speaker and the motion was supported by the BN assemblymen and Independents.

The commotion continued with Sivakumar still acting as Speaker.

1 Malaysia, 2 Peraks — The Malaysian Insider

2009-05-07T12:22:00.001+08:00

MAY 7 — As events continue their rollercoaster ride in Perak, chaos has moved from the streets that Lim Kit Siang called “a war zone” to inside the Perak State Assembly where rival state speakers have joined rival mentris besar and executive councils.

What began as a solitary defection to Pakatan Rakyat before Chinese New Year has now turned into pandemonium in the House with Barisan Nasional at the helm and its palace-appointed mentri besar facing off Pakatan's Datuk Seri Mohammad Nizar Jamaluddin.

And today, the House has two speakers, with defecting Jelapang assemblywoman Hee Yit Foong, who was the tipping point that ended Pakatan's rule, again playing the key role in the chambers.

While the fracas continues and has just stopped for an hour's “adjournment” by the Barisan Nasional side, the Raja Muda of Perak, Raja Nazrin Shah, remains outside waiting to address the sitting that was consented by his father Sultan Azlan Shah.

However, no one has left the House yet, save the state mufti and other officials.

When will this farce end?

All we know is it won't end today, not even if Barisan Nasional auctions off all the cars and moves on to appoint officials, enact laws, plan policies and implement them in the near future.

The fate of the rival state governments rests with the courts of law, which have opened a Pandora's Box and breached all rules of separation of powers in a parliamentary democracy that Malaysia was founded on.

At least outside the state secretariat building, peace has reigned once again as policemen who tried to force restaurants to close in a bid to disperse the black-clad crowds have given up. They had earlier arrested scores of people, including lawmakers, in an attempt to keep the peace.

The heat of the day has made them thirsty and the shopkeepers are providing relief.

One would expect the same from the lawmakers inside. All the barbed wire and road blocks outside the building together with a court order to stop gatherings have come to naught to keep the peace and restore order in the Silver State.

For the lawmakers are still fighting it out for their version of “1 Malaysia. People First. Performance Now”.

Except, we now have two Peraks. And never the twain shall meet. At least not today.

Bar Council, opposition condemn arrest of Wong Chin Huat - Sun

2009-05-06T22:45:00.001+08:00

PETALING JAYA (May 6,2009) : The Malaysian Bar today condemned the arrest of social activist and writer Wong Chin Huat under the Sedition Act 1948.

Its president Ragunath Kesavan said: "The Bar is concerned that the police have resorted to the use of the Act yet again to stifle public opinion and dissenting voices that are unfavourable to the ruling government. The police should be above politics.

"The police must remain above politics to regain public confidence as an institution not mired in politics. It must not be seen as a tool to intimidate and cow those who express disagreement."

"The arrest of Wong, seemingly for the 'crime' of advocating that those who disagree with the events unfolding in Perak wear black tomorrow, does not augur well for the Prime Minister's promise of openness and respect for the people. Healthy and open debate on issues of public concern must be permitted," he said.

Ragunath, who condemned the manner in which Wong was arrested yesterday night and denied counsel, said the Bar was firmly opposed to the Act which he labelled an "affront to democracy".

"We reiterate our stand that authoritarian and repressive legislation such as the Act is an absolute affront to democracy. We strongly urge the Government to repeal the Act, and to refrain from using it, particularly against those whose viewpoints differ from the ruling government's," said Ragunath who called for the release of the Coalition for Free and Fair Elections (Bersih) spokesman.

Wong's arrest was also condemned by Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim who defended Wong's call for all Malaysians to wear black in protest of the Barisan Nasional takeover of the Perak government.

"Wong's call to the public to wear black on May 7 as a sign of protest is an opinion that is not in breach of his rights as a citizen of Malaysia and the practice of democracy," he added.

DAP Socialist Youth (DAPSY) deputy chairman Jenice Lee called on all Malaysians to heed the call by Bersih to wear black today as a sign of protest over the Barisan Nasional (BN) takeover of the Perak State Assembly.

PAS veep Mohamad Sabu detained by police - Sun

2009-05-06T22:41:00.000+08:00

By Charles Ramendran

KUALA LUMPUR (May 6, 2009) : PAS vice-president Mohamad Sabu was detained today for inciting the public and party supporters to assemble in Ipoh in conjunction with the Perak State Legislative Assembly sitting today, as police moved to ensure public order was kept.

Bernama quoted Perak police chief Datuk Zulkifli Abdullah as saying Mohamad Sabu was detained at a restaurant in Jalan Pahang at 3.15pm by a police team in civilian clothes.

Meanwhile, political writer and activist Wong Chin Huat who was arrested under the Seditiion Act by federal police on Tuesday for allegedly calling for a nationwide protest against the Perak assembly sitting was yesterday remanded until tomorrow. He had allegedly called for the people to practice "civil disobedience" and to wear black as a sign of protest of the Barisan Nasional's takeover of the state government.

Federal Commercial Crimes Investigations Department director Comm Datuk Koh Hong Sun, when contacted, declined to comment except to say a remand order has been issued against Wong till May 8.

In Ipoh, the district police headquarters obtained a court order to prevent any assembly today near the Bangunan Perak Darul Ridzuan where the legislative assembly hall is located. The order was obtained from the Ipoh magistrate's court under Section 98 of the Criminal Procedure Code.

Zulkifli said the application to the court was made following the call from several political parties to the public to assemble in the vicinity of the Bangunan Perak Darul Ridzuan today as published in the blogs and media.

He said this followed the press statement on May 4 that the police had not received any request from any political party to hold an assembly or ceramah in the vicinity of the area.

The order stated that any gathering or assembly within the compound of the Bangunan Perak Darul Ridzuan, Jalan Panglima Bukit Gantang Wahab, and its vicinity was prohibited.

Police will take action against members of the public or individuals who try to create trouble while the State Assembly sitting is in progress, he said.

Today, road blocks were put up by the police in the afternoon at certain roads.

In another development, three political activists who went along with Parti Keadilan Rakyat (PKR) supreme council member Badrul Hisham Shahrin to the prime minister's office in Putrajaya to hand over a cake apparently to mark the birthday of dead Mongolian national Altantuya Shaaribuu today were detained by police.

The three detained activists were identified as Sani Md Shah, Saufi Mihat and Yasir Sheikh.

Kuala Lumpur CID chief SAC II Datuk Ku Chin Wah said the three men were detained for obstructing and defying police orders while Badrul was summoned to have his statement recorded. As at 7pm, the three activists were still held at the Putrajaya police station.

Wear black fashion, police will catch you - Malaysian Insider

2009-05-06T22:39:00.000+08:00

KUALA LUMPUR, May 6 — Political party supporters were today reminded not to create tension by dressing in black and illegally gather in protest of the Perak state assembly sitting tomorrow.

The police warning came following the call by Bersih or Coalition for Free and Fair Elections, for the public to wear black and assemble in protest of the scheduled state assembly sitting which the non-governmental organisation (NGO) regards as unconstitutional.

Inspector-General of Police (IGP) Tan Sri Musa Hassan said party supporters should ignore the demand or appeal by the NGO to foil the assembly proceedings, or risk arrest by police.

“Police will not hesitate to take action, including arresting those who illegally assemble or prevent the state assemblymen from entering the (Perak State Secretariat) building to thwart the assembly sitting.

“We will ensure that no one can create trouble by foiling anything that has been decided by the law. We also assure safety for all the assembymen,” he told reporters after launching the National Job Skills Standards, here, today.

Musa also advised the public to be vigilant of the actions of certain individuals who had been going around inciting the people through the Internet and SMSes to create trouble and to hate the government.

He said police were serious about curbing such actions by irresponsible elements as it could cause uneasiness to the people and threaten racial unity.

Yesterday, a Bersih activist who is also an NGO spokesman, was arrested by police for alleged sedition by issuing a statement urging the people to wear black and assemble in conjunction with the Perak state assembly sitting.

The activist, Wong Chin Huat was arrested at 8pm at his house in Taman Sri Sentosa, Kuala Lumpur. It is understood that the Media Studies lecturer at a local university was ordered to be detained for a day by the Kuala Lumpur Magistrate’s Court.

“Our duty is to ensure peace, so we don't want people to create trouble which can disrupt peace,” said Musa.

“The activist’s action shows that he had deliberately incited the people to illegally gather and thwart the assembly sitting.”

On another matter, the IGP said that the proposal to ban motorcycles from entering the city centre during certain hours was aimed at reducing crime.

He said police and Kuala Lumpur Mayor Datuk Ahmad Fuad Ismail had discussed to consider the proposal in light of rising crime, especially snatch theft and robbery cases, in crowded places and tourist spots.

“We will announce the decision soon,” he said. – Bernama

Bersih activist Wong Chin Huat arrested for alleged sedition - Star

2009-05-05T21:57:00.001+08:00

May 5, 2009 By ANDREW SAGAYAM

KUALA LUMPUR: Police have arrested activist Wong Chin Huat of the Coalition for Clean and Fair Elections (Bersih) for alleged sedition, Federal Commercial Crimes Investigation Department Director Comm Datuk Koh Hong Sun said.

A police team from the Federal Commercial Crime Investigations Department (CCID) picked up Wong at his home in Seri Sentosa here at 8pm on Tuesday under Section 4 (1) of the Sedition Act 1948.

It is learnt that the police team seized a laptop and a cellular phone belonging to the university lecturer, political scientist and columnist for The Nut Graph web publication.

Comm Koh, who confirmed the arrest, said Wong was detained to assist in police investigations into allegedly seditious SMSes.

“We will interview him to gather more details and we are checking if the SMSes were initially distributed by him,” he said.

Wong is said to have been brought to the CCID headquarters in Bukit Perdana here.

It is believed that the arrest is linked to a press conference Wong had held earlier Tuesday in which he urged the public to wear black on Thursday to protest the Perak state government takeover by Barisan Nasional.

Newly-appointed Perak Mentri Besar Datuk Dr Zambry Abdul Kadir is convening the Perak state legislative assembly on that day.

Baju hitam protes sidang DUN - Malaysiakini

2009-05-05T10:42:00.000+08:00

May 4, 09 7:07pm

Gabungan Pilihanraya Bersih dan Adil (Bersih) tidak mahu lagi berbaju kuning, ia akan melancarkan kempen berbaju hitam sempena membantah sidang DUN Perak, Khamis ini.

NGO yang terkenal dengan demonstrasi besar pada 2007 kini membawa slogan baru, "1Malaysia Gelita, Demokrasi Didahulukan, Adakan Pilihanraya Sekarang" - meniru slogan perdana menteri baru.

Jurucakapnya Faisal Mustaffa berkata Bersih menganggap slogan Datuk Seri Najib Razak itu sebagai "lawak jenaka kepada rakyat Malaysia" apabila rampasan kuasa Februari lalu membelakangkan perlembagaan.

Bersih akan mengadakan sidang media jam 10 pagi esok di Kuala Lumpur bagi mengumumkan pendiriannya tentang perkara tersebut.

Sementara itu, Speaker DUN V Sivakumar berkata beliau telah mengutuskan surat rasmi kepada Sultan Perak pagi ini, memohon baginda menangguhkan persidangan tersebut "buat sementara waktu" bagi mengelakkan insiden "yang sukar dikawal."

Beliau juga berharap persidangan DUN dapat diadakan selepas pertikaian antara menteri besar Pakatan Rakyat, Datuk Seri Mohamad Nizar Jamaluddin dengan menteri besar BN Datuk Zambry Abd Kadir.

"Saya juga berasa bimbang akan berlaku perselisihan dan pertelingkahan yang sukar dikawal pada hari tersebut.

"Pada jangkaan saya, kedua-dua pihak akan bertikam lidah mempertahankan pendirian masing-masing.

Untuk menjaga keharmonian, kemuliaan dan kehormatan dewan, saya telah memohon kepada Tuanku Sultan menangguhkan persidangan ini buat sementara waktu," katanya dalam satu kenyataan.

"Saya berpendapat bahawa adalah tidak munasabah sidang dewan negeri diadakan dalam kedudukan YAB menteri besar Perak masih dalam pertikaian di mahkamah."

Dalam perkembangan berkaitan, Bernama melaporkan, polis memberi amaran kepada orang ramai supaya tidak berhimpun berhampiran bangunan DUN itu sewaktu persidangan sedang berlangsung.

Ketua Polis Perak, Datuk Zulkefli Abdullah berkata polis banyak menerima maklumat terdapat pemimpin-pemimpin parti tertentu dalam ceramah mereka sebelum ini telah menyeru orang ramai supaya berhimpun di bangunan SUK dan seruan yang
sama juga didapati di laman-laman blog tertentu dan media alternatif.

"Perhimpunan tanpa permit adalah perhimpunan haram dan menyalahi undang-undang dan tindakan akan diambil mengikut undang-undang sedia ada ke atas mereka yang terlibat dalam perhimpunan haram termasuk mereka yang merancang atau yang menganjurkan perhimpunan-perhimpunan tersebut," beliau dipetik berkata hari ini.

"Polis akan bertindak tegas ke atas sesiapa sahaja yang merancang atau melakukan apa-apa perbuatan yang boleh menjejaskan keselamatan dan ketenteraman awam."

Beliau juga menyeru pengguna-pengguna jalan raya tidak menggunakan jalan-jalan berdekatan dengan bangunan DUN pada hari tersebut dan menasihatkan orang ramai yang tiada kaitan dengan persidangan itu supaya tidak berkumpul dan mereka yang menerima jemputan sahaja dibenarkan masuk ke bangunan tersebut.

Zulkefli berkata satu perjumpaan antara polis dengan wakil-wakil dan ADUN PAS, PKR dan BN telah diadakan pagi tadi di ibu pejabat kontinjen Perak untuk berbincang bagi melancarkan perjalanan sidang dewan berkenaan tetapi beliau dukacita wakil parti DAP tidak turut serta walaupun telah dijemput sama dalam pertemuan tersebut.

Kit Siang slams Penang MCA chief - Malaysiakini

2009-05-05T10:20:00.003+08:00

Athi Veeranggan | May 4, 09 6:41pm

Lim Kit Siang today condemned MCA vice-president Liow Tiong Lai as “a person with a suspect IQ” for suggesting that the DAP supremo had not stated clearly his stand on the recent cabinet decision to allow minors to follow their parents’ common religion at the time of marriage, when one spouse opts to convert.

Referring to his numerous statements in his blog that supported the cabinet decision, the senior parliamentarian expressed dismay that Liow could not understand simple English.

The Ipoh Timur MP also took Liow to task for suggesting that he (Lim) was at odds with the DAP national chairperson Karpal Singh over the issue.

Liow, also Penang MCA chief, said on Saturday in George Town that Kit Siang and his son, Penang Chief Minister Lim Guan Eng have failed to state clearly their stand on the cabinet ruling, contrary to Karpal’s clear support for the Putrajaya administration over the matter.

“The Health Minister Liow’s IQ is highly suspect for challenging me to clearly state my stand on the issue.

“I challenge him to comb through my blog and not to find any statement from me on the cabinet decision, let alone support for it.

“If so, then Liow must have a very low IQ as not to understand what I had blogged and to be confused by what should be crystal-clear in my statements,” he said.

Offers Liow a free tutorial on basic English

Lim said he would voluntarily give Liow a free tutorial on basic English to go through his statements and show the health minister his blunder by failing to understand simple English.

In a statement released today, Lim said his grouse was not over the decision but on the cabinet’s failure to send out a clear signal that its ruling on the common religion was not a meaningless one.

For instance, the DAP leader said it had been days since the cabinet decision on the common religion and weeks since the court ruling on the return of her one-year-old baby daughter, Prasana Diksa, to kindergarten teacher M Indira Gandhi from Ipoh.

Indira is still pining for her baby daughter who was snatched from her for more than a month by her estranged husband, K Patmanathan, who had converted to Islam.

Lim said that Liow should clearly explain the reasons why MCA, like Gerakan, is playing the double game of supporting the cabinet decision at the national level but not at the Perak state level.

He claimed that Indira had not been able to get back her daughter from her estranged husband, now known as Mohd Ridzuan Abdullah, because the Perak administration under Mentri Besar Zambry Abdul Kadir did not fully back the cabinet’s decision.

MCA playing a double game?

“This is being supported by the Perak Barisan Nasional component parties like MCA, Gerakan and MIC.

“Truth is, Zambry’s administration supports Pathmanathan to not returning Prasana to Indira’s custody,” he said, calling on Liow to explain the reasons for Perak MCA leaders being allowed to go against the cabinet decision.

“Is the article in a ‘MCA’ newspaper yesterday stating that there was nothing wrong with the MCA playing such a double game – supporting the cabinet ruling at the national level but taking the opposite stance in Perak - the official stand of the MCA leadership?” he asked.

Although Pakatan Rakyat partners - DAP, PAS and PKR - have not adopted a common stand on the cabinet decision, he said the three parties have reached a consensus that in the Indira Ghandi case, the custody of Prasana Diksa should be restored to the mother.

Pointing out that Pakatan components have never hid their differences, he stressed that the DAP leadership would continue to hold discussions with PAS and PKR leaders to adopt a common ground on the common religion ruling.

“But the DAP will never play the MCA double game of national leaders supporting the cabinet decision at the national level while tacitly backing Perak party leaders to do the exact opposite,” said Lim.

KL faces pressure to abolish the ISA - Malaysian Insider

2009-05-05T10:15:00.001+08:00

KUALA LUMPUR, May 5 – As the government prepares to review the Internal Security Act (ISA), it is facing an increasing clamour for wide-ranging changes, including abolition of the law.

The pressure is coming from within the Barisan Nasional as well as civil liberties groups, as the government seeks to fulfil its pledge of revamping one of its most controversial and hated laws.

The promised review will get under way this week when the Law Reform Committee holds its first meeting tomorrow, Deputy Minister in the Prime Minister’s Department Liew Vui Keong said.

He was quoted in The Star yesterday as saying the committee will look into law reforms, including the ISA, which allows for preventive detention of those deemed to be a threat to national security.

“The ISA is a law that is close to the hearts of many and we will work together with the Home Ministry to amend the relevant parts,” he said.

Expectations run high. This is, in part, due to Prime Minister Najib Razak’s actions recently to introduce wide-ranging reforms in different areas.

His administration had abolished the 30 per cent bumiputera quota for 27 sub-sectors in the service sector, liberalised some areas of the financial sector and made it a policy to stop forced conversion of children to Islam.

When he became Prime Minister a month ago, he also released 13 ISA detainees, including two from the Hindu Rights Action Force. The group had led thousands of Indians onto the streets two years ago to demand assistance for the community.

Ragunath Kesavan, president of the Malaysian Bar which groups the country’s 13,000 lawyers, said it was positive that the government has realised the public sentiment towards the ISA.

“There is gradual acceptance that the powers under the ISA are too wide, and some kind of tacit admission that it has been abused,” he told The Straits Times.

The Bar wants preventive detention to be banned, but he acknowledged that this is unlikely.

Nevertheless, the government will be expected to introduce substantive reforms to remove much of the scope for abuse. It cannot be a “rebranding exercise”, said the Malaysian Chinese Association women’s chief Chew Mei Fun.

At the minimum, it will be expected to limit the scope of the ISA and to permit substantive judicial review of detentions. At present, the ISA’s scope of national security cuts a wide swathe, and there is only very limited judicial review.

“It started as a law against communists in the 1960s, but it was used against civil activists and religious extremists. The categories expanded under the label of national security,” said Ragunath of the Bar Council.

The Abolish ISA Movement, a civil liberties organisation, estimates that there are 30 detainees held for reasons from suspected religious and racial militarism to forging official documents.

Last year, the use of the law to swoop down on a blogger, a reporter and an opposition politician provoked an outcry, and prompted the resignation of the de facto law minister Zaid Ibrahim.

No deadline has been set for the completion of the review. – The Straits Times