Friday, August 21, 2009

Selamat Menyambut Bulan Ramadhan Al-Mubarak



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

Pakatan wants BN Speaker removed for moonlighting - Malaysian Insider

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thursday, August 20, 2009

AG files motion against Selangor govt circular - Star

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

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

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

Tuesday, August 18, 2009

Bar Council: Rohaizat disbarred for personal misconduct - Star

Aug 18, 2009

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

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

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

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

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

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

Monday, August 17, 2009

Straight fight between BN and PAS - Star

Aug 17, 2009

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.