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Posted: 23 Jul 2011 03:02 AM PDT

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The Malaysian Bar Press Release: The search for justice and truth must continue

Posted: 23 Jul 2011 01:29 AM PDT

There are a number of key points on which the Malaysian Bar agrees with the report of the Royal Commission of Inquiry into the Death of Teoh Beng Hock (RCI).

We concur with the following findings of the RCI:

(1) That the RCI was unable to accept that the alleged suicide note had been written by Teoh Beng Hock, and that the undue delay by the authorities in tendering the alleged suicide note at the first available opportunity could not be taken as mere carelessness or neglect, and therefore the authenticity of the note could not be trusted;

(2) That Teoh Beng Hock was, at all material times until his untimely death, in the care, custody and control of the Malaysian Anti-Corruption Commission (MACC) officers;

(3) That Teoh Beng Hock was not released from the care, custody and control of the MACC officers after his statement had been recorded at approximately 3:30 am, and this failure amounted to cruel conduct and punishment inflicted on purpose;

(4) That Teoh Beng Hock was subjected to aggressive, relentless, oppressive and unscrupulous interrogation and that the recording of his statement was unlawful;

(5) That the majority of the MACC officers exhibited a total lack of consideration for human sensitivities, and that the recruitment process of MACC officers should include a psychological evaluation to assess their suitability for investigative work;

(6) That most of the MACC officers who were involved in the operations on 15 and 16 July 2009, and who gave evidence as witnesses, were neither truthful nor credible, as they had the inevitable habit of lying;!

(7) That massive operations launched by MACC Selangor which were headed by then-Selangor MACC deputy director Hishamuddin Hashim against the Pakatan Rakyat members of the Selangor state assembly were grounded on mere belief of information purportedly received over the telephone, and without proper ground work or verification;

(8) That Hishamuddin Hashim was arrogant, given to falsehoods, untruthful and uncompromising, and that he was just too stubborn [such trait was also displayed when he gave evidence before us] to retreat from his mistake in mounting such a massive operation;

(9) That not only was Hishamuddin Hashim involved but he also unleashed his officers to do his bidding in order to get results within that night and morning come hell or high-water, and that Hishamuddin Hashim should be held responsible for the actions taken by him and his officers that led to Teoh Beng Hocks death; and

(10) That the Selangor MACC had shown an extreme lack of cooperation with the police in the latter's attempts to investigate complaints of assault and other offences previously made against its officers.

The Malaysian Bar, however, does not concur with the finding by the RCI that Teoh Beng Hock had committed suicide. Such a finding, in our view, is unsupported by the facts and the evidence.

Contrary to the statement made by Minister in the Prime Ministers Department Dato Seri Mohamed Nazri Abdul Aziz, forensic psychiatrist Professor Paul Mullen did not testify that Teoh Beng Hock had a weak character that had led to him taking his own life. Professor Mullen also did not conclude that Teoh Beng Hock had committed suicide; rather, his testimony stated that in [his] opinion, what we learned of Teoh Beng Hocks personality and behaviour do not suggest any increased risk of suicide. He further opined that the context of the events that had taken place was not one which, in [his] experience, leads to suicide in custody, as he had not been made awar! e of any thing to explain panic and distress sufficient to drive [Teoh Beng Hock] to conclude his honor had been irreparably tarnished.

This is in stark contrast to what the Minister reportedly stated during the release of the RCIs report, namely that Teoh Beng Hock had truly committed suicide based on his character that had changed from a low-risk group to a high-risk group for suicide after undergoing a continuous and aggressive questioning session. Professor Mullens testimony does not provide the basis for the RCIs finding of suicide, such as that described in the section titled conclusion on forensic psychiatric aspects in the RCIs report.

It is noted that the RCI found the following:

(1) That the time of death had been between 7:15 am and 11:15 am on 16 July 2009;

(2) That Teoh Beng Hock had not been released at 3:30 am and been left alone sitting on a sofa after his statement had been recorded, as Hishamuddin Hashim had issued a written circular the previous month that witnesses and visitors in the Selangor MACC office should be accompanied at all times;

(3) That Teoh Beng Hock had been subjected to a fourth interrogation session after 3:30 am by Hishamuddin Hashim and his officers, which was aggressive and relentless. In addition, the RCI rejected the evidence of MACC officer Raymond Nion that he had seen Teoh Beng Hock lying down unattended on a sofa at approximately 6:00 am;

(4) That the fourth interrogation session was probably between 3:30 am and 7:00 am; and

(5) That the window from which Teoh Beng Hock is said to have fallen out was located conspicuously.

In view of the above, and that there was no evidence whatsoever produced at the RCI hearing of Teoh Beng Hocks whereabouts or movements after 6:15 am, and the staff of the Selangor MACC office would have begun arriving by 8:00 am, to surmise that Teoh Beng Hock had committed suicide between 7:15 am and 11:15 am requires a leap in logic and an assumption of facts not in evidenc! e.
The Malaysian Bar also notes that the joint expert psychiatric report of Dr Badiah Yahya and Dr Nor Hayati Ali the experts engaged by MACC who were present during most of the court proceedings and had interviewed Teoh Beng Hocks family members, housemate and work colleagues stated:

We did not have any evidence on how the investigation was conducted as there were no written questions posted to [Teoh Beng Hock] or audio recording as to ascertain the amount of pressure that he experienced. It is not known whether he had experienced in his mind the effects of being possibly prosecuted on the allegations, whether it would have been devastating for him and/or his organisation. This should require more information on what was said and done in the period taken [sic] into custody until he was found dead.

It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hocks death lies squarely and solely on the MACC, and that immediate action must be taken to hold the culpable officers accountable for their behaviour. In this regard, we welcome the reported statement by Dato Seri Mohamed Nazri Abdul Aziz, that appropriate action would be taken against the officers through the process of law without delay. The authorities should investigate the relevant MACC officers for possible offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder and for causing the death of TBH by negligence, respectively.

The Malaysian Bar also calls on the Government of Malaysia and MACC to consider:

* offering an unqualified written apology to Teoh Beng Hocks family, and to the citizens of Malaysia, for his death; and

* making reasonable recompense to Teoh Beng Hocks family in respect of his death. The Malaysian Bar extends its heartfelt sympathy once again to Teoh Beng Hocks family and loved ones.

Lim Chee Wee
Malaysian Bar

23 July 2011

Rule of law, rule by law Ambiga Sreenevasan

Posted: 23 Jul 2011 01:02 AM PDT

Acceptance speech delivered by Datuk Dr Ambiga Sreenevasan upon her conferment with the Honorary Doctorate Of Laws, University of Exeter.

Good Morning! Chancellor, vice chancellor and graduating students.

It is so good to be back!

I am deeply moved by the conferment of this honour upon me. That it comes from my alma mater is especially significant for me. That it comes at this time is almost providential, for it allows me and all lawyers to reflect on our roles in the societies we live in.

For this honour and this moment of reflection, I extend my grateful thanks to the Council and Senate of the University of Exeter.

Tired of injustice and oppression, people the world over are crying out for truth, goodness, justice and universal love and understanding.

The events in Malaysia over the past six weeks culminating in the rally for free and fair elections on the 9th of July, has taught me so much more than I could have ever learned in the last 30 years as a practising lawyer.

My team and I faced first-hand the full force of the unleashed power of the state, and I realised then the importance of the independence of the Institutions of government, particularly the judiciary, to check such abuses of power.

I also realised how real and present the absence of the Rule of Law can be.

In countries where the Rule of Law reigns strong a! nd true one probably does not even talk about it. But in countries that veer towards Rule by Law, talking about getting back to the basics is crucial.

In many countries, Rule by Law is reflected in the existence of repressive laws that violate the fundamental rights of its citizens. One example of this is preventive detention laws that lock people away without affording them the basic right to a trial. There are many examples of such oppressive laws worldwide and they are not confined to underdeveloped or developing countries.

As lawyers, we are in a unique position. Our years of legal study and practice teach us to see and appreciate the fundamental role that the Rule of Law plays in guaranteeing that the state governs its citizens in a just and democratic manner.

Who better to remind those in power of their responsibilities to their citizens than lawyers trained in understanding the difference between Rule of Law and Rule by Law?

Our role as lawyers must therefore extend far beyond traditional legal practice.

Here, I make no reference to rules, guidelines, documents, or declarations. My only reference point is our conscience. Can we as lawyers, ever sit back and watch the erosion of fundamental liberties of the people around us and do nothing? Clearly, silence in these circumstances, is not an option.

When I graduated from this university about 30 years ago, things were of course very different. Today the Internet and social media has empowered people with a continual flow of unfiltered and up-to-date information. No longer can the manipulation and control of information be effectively used by those in power to suppress either thought or action.

You are in a world where you know instantly of injustices taking place in any part of it. In this global village drawn together by so many factors, we are one. We can reach out to each other using these new means of communication and we owe it to each other to stand together for what is right.

You may say, But I s! tudied l aw to be a solicitor or barrister and to earn money for a decent standard of living. There is nothing wrong with that, I assure you. I run a commercial litigation practice in a partnership of four where we also do public interest litigation. The two can co-exist quite comfortably.

The point I make is this.

You are graduating from one of the best universities in the country if not on the planet! You are special. And you are now a proud member of an army of people that is equipped with all that is necessary to both practise law and to fight injustice.

I urge you to use this arsenal of knowledge and your passion for justice to fight for those who are downtrodden.

You have already heard of the events of July 9th in Malaysia. Whilst it brought out the worst in some, it brought out the best in others and this is where our hope lies.

There were some in government who opposed the methods used to shut us down. Even doctors left their comfort zones to speak up against injustices. And of course there were the lawyers and the independent media who stood on the side of truth and justice.

However, the real heroes of that day are our friend and supporter Allahyarham Baharuddin Ahmad who paid the ultimate price in fighting a noble cause, the six members of the Socialist Party of Malaysia who, as we speak, sit in solitary confinement under preventive detention laws and finally the brave people of Malaysia who overcame their fear of intimidation and harassment to uphold their fundamental rights.

With all my heart I dedicate this honour you have bestowed upon me to them.

Saibani's wife wants RCI to probe MACC death...

Posted: 23 Jul 2011 12:21 AM PDT

Disappointed with the police investigation, Maziah Manap, wife of the late Ahmad Sarbaini Mohamed, found dead at the Malaysian Anti-Corruption Comission (MACC) building in Kuala Lumpur, calls on the government to form a royal commission of inquiry (RCI) to probe her husband's mysterious death.

"The inquest is not looking seriously into possible foul play. I want an RCI. This is the first time, I'm calling for an RCI," she said after lodging a police report at Kelana Jaya police station this morning.

Maziah wanted the police to re-investigate the case after blogger Raja Petra Kamaruddin named in his website an MACC officer ordering Sarbaini to stand on a window ledge as 'punishment' for trying to retract his confession in a graft case. She said that what transpired during the current inquest was to a certain extent in line with Raja Petra's allegation.

Raja Petra claimed that in obeying that order, Sarbaini's belt got stuck on the outer part of the window, resulting in loss of balance, sending him plunging to his death two floors below.

Selangor Customs assistant director Sarbaini was found dead on April 6 at an open air badminton court on the first floor of the KL MACC building in Cheras. Maziah, accompanied by her brother-in-law, children and cousin, was upset that the inquest did not include the foul play angle in its investigtion.

"All the witnesses said he jumped (from the pantry on the third floor), but what made him do so? There must be a reason!'," she said.

In her police report, Maziah insisted that her husband did not commit suicide and suspects criminal element in the death. She said the family can accept the inquest's decision if it rules the death as an accident, but as a result of foul play.

Ju! stice ha s not been done for Sarbaini... police did not investigate seriously, they were not serious.

The police had identified the case as sudden death. Bukit Aman crime scene investigator Sharul Othman had testified during the inquest that there was no element of suicide or homicide in the death. He said Sarbaini had tried to leave the MACC building through a window on the third floor pantry, and accidentally fell to his death.

In the police report, Maziah demanded that police commence fresh investigation over the "it wasn't me, it was my men" remark of MACC officer Abdul Ghani Ali which, she claimed, indicated that the anti-graft body's officers were involved in her husband's death.

However, Abdul Ghani had clarified during the inquest that he had meant that Sarbaini had met with his officers and not him on April 6.


Isteri mahu RCI siasat punca kematian Sarbaini

SPRM dan polis selalunya akan kelepiaq kerana depa selalunya betul dan rakyat yang selalunya salah....

Kalau adakan RCI pun ingat boleh dapat keadilan kah? Pengerusi dan ahli2 panel RCI semua orang depa dah 99.99% tentu RCI akan mendapati Saibani bunuh diri, macam kes Teoh Beng Hock...


The 'arrogant leader' in Teoh's interrogation

Posted: 22 Jul 2011 11:41 PM PDT

RCI REPORT Contrary to his testimony, Hishamuddin Hashim was found to have been in full control and actively involved in the entire operation.

Although the then Selangor MACC deputy director Hishamuddin Hashim had disclaimed active involvement in the graft busting operation which led to the death of Teoh Beng Hock, the royal commission of inquiry (RCI), however, found that he had played an instrumental role in the tragedy.

NONEAccording to the report, contrary to his testimony, Hishamuddin (left) was found to have been in full control and actively involved in the entire operation from the very start.

The commission discovered that during the period of the operation, the officers involved would keep him updated twice in a day when he would give them specific directions.

"Even when the officers were on the ground, they would call him on their mobile phones for directions should they encounter any problem in the operation, or he would call them to give directions," the report said.

"He not only was involved but he also unleashed his officers to do his bidding in order to get results within that night (of July 15) and morning (of July 16) come hell or high water.

"He was clearly accountable for what transpired at the Selangor MACC during the period in question, and the submission of counsel for the MACC falls flat in the face of these facts," read the RCI report.

It pointed out that Teoh was driven to commit suicide by the "aggressive, relentless, oppressive and unscrupulous interrogations" by MACC officers acting on Hishamuddin's orders.

The commission named Hishamuddin, together with two of his officers - Mohd Anuar Ismail and Mohd Ashraf Mohd Yunus, as the trio who questioned Teoh in the postulated fourth interrogation that was described as the "final straw that broke ! the came l's back".

Deadly obsession with achieving aim

Therefore, the RCI report stressed that although there was no direct evidence to prove that Hishamuddin had a hand in the death of Teoh, he should be held responsible for the actions taken by him and his officers, which propelled Teoh to take his own life.

NONEThe senior officer, who has been with the MACC for 21 years, was described by the report as an "arrogant leader who would have no qualms in lying as long as his ends were achieved, regardless of the means employed".

"We found him to be arrogant, given to falsehoods, untruthful and uncompromising in his stand."

However, he had been promoted after the incident and currently holds the senior position as Negeri Sembilan MACC director.

The commission said Hishamuddin had launched a full-scale operation, mobilising the whole Selangor MACC while seeking manpower support from other MACC offices on the mere belief in the informant and without supporting facts.

"...Hishamuddin should have exercised every caution as the complaint was serious in nature and involved the state government of Selangor...," read the report.

The commission said Hishamuddin was simply too stubborn to retreat from his mistake in mounting such a massive operation against Selangor elected representatives, particularly when it had received wide and extensive press coverage.

Disappointed at the negative result obtained from witnesses, the commission believed that Hishamuddin must have resorted to a personal and more aggressive interrogation of Teoh since the latter held the vital link between Ean Yong and the suppliers or contractors.

"And if anything were to be made to 'stick' on Ean Yong, it would have to be through Teoh," the report added.

'Iron grip a major hindrance'

Hishamudin! 's tight grip on his officers also hindered the RCI from unearthing the truth from other MACC officers.

"Hishamuddin was described by MACC officer Azian as a workaholic. As a boss, he also instilled fear in his officers. Opportunities for promotion rested mainly in his hands.

"The whole range of interview-interrogation techniques would have been employed by his officers and himself to satisfy his desire to obtain results in the shortest possible time.

"Thus, it was not at all surprising that most of his officers, save two strong souls (Azeen and Azian) who pointed out the truth, had the inevitable habit of lying," read the RCI report.

teoh beng hock rci witness 57 270411 azeen hafees jamaluddinAzeen Hafees Jamaluddin (left) and Azian Umar were the two MACC officers who exposed Hishamuddin's falsehoods during the inquiry.

They revealed that Hishamuddin had called all the Selangor MACC officers involved in the case for a meeting on July 16 evening, to exclude himself from the responsibility and shift it all to Anuar.

The commission noted that Hishammudin appeared to have absolute authority to probe anyone whom he suspected to be involved in any corrupt practice in the state without even informing or obtaining the consent of his superiors at the Putrajaya headquarters of the MACC headquarters.

But the commission was later told by the current MACC deputy chief commissioner that this shortcoming had been rectified and that certain cases in any state now require approval and consent from HQ before investigations can commence.

The report also touched on the anonymous letter dated Aug 5, 2009 purportedly written by MACC officers which alleged the corrupt practices, misconduct and abuse of power committed by Hishamuddin in connection with the cases involving Teoh and former Selangor menteri besar Mohamad Khir ! Toyo.

It pointed out that although the letter had received the attention of the then-MACC chief commissioner, the anti-graft body did not carry out a formal investigation on the matter, given that the anti-graft body has very wide powers to set its investigative machinery in motion.

"According to section 29 of the MACC Act, a report may be made orally or in writing, and in the present matter before this RCI, the information that set the investigation machinery of the MACC in motion had purportedly been conveyed to Hishamuddin merely over the telephone," the report added.

The Amanah gambit and Mustapha Ong

Posted: 22 Jul 2011 11:09 PM PDT

Letters to the Editor

Today, we have a different political and social scenario. UMNO-BN are still in total denial of what the majority of the people wanted across the political divides Anwar is in a political siege as he had yet to emerge clean from his personal encounters Amanah in its true form as a new NGO may change the political, economic and social landscape of the nation

By Dato Haji Mustapha Ong
by email

Yes I do have something to say and I will say it loud and clear based on my own personal conscience without fear or favour. I am only one of the minority voices within the minority in UMNO politics since my involvement from 1963. Although I am not in the league of Tengku Razaleigh, I share the same vision with Ku Li but I do not simply criticise my YDP Agong, party leaders, my government and this beloved nation which had given me so much in my 69 years as a patriotic citizen.

I had given more than 34 years of my life back to national service as a party official and government officer since the mid 60s with distinction and recognition from the nation. I am proud of my small contribution to the nation. Contrary to those who had criticised me for my bloggings in the cyberspace, I have never received any special favours and financial benefits from the party or government. I vouch that my success and that of my children are all due to our own hard work and not through political patronage from the UMNO leaders and the government. UMNO/BN had given me nothing absolutely although I have walked together with them in the corridors of power in my capacity as a party and government senior officer for more than half of my life.

Today, we have a dif! ferent p olitical and social scenario and the BN government had paid dearly for their mistakes and wrong doings as we had witnessed the loss of 5 state governments in the 2008 general election. UMNO and their crony BN component parties had not learnt their lessons and until today, 2011, they are still in total denial of what the majority of the people wanted across the political divides.

Former prime minister Tun Abdullah Ahmad Badawi was given the opportunity to lead UMNO and the BN government, through the popular support he had garnered in the 2004 general election but he had failed the electorate and the people in particular. Thus we had lost heavily to the opposition pact led by Anwar Ibrahim as proven in the 2008 general election. Anwar together with his PR partners are in the final lap of their attempt to overthrow the BN government under the leadership of Najib Tun Razak as a political run up to the 13th general election.

However, Anwar is in a political siege as he had yet to emerge clean from his personal encounters in his current ongoing sodomy II trial beginning in early August. Anwar had diverted a lot of public attention to other issues that he had created in order to neutralise the peoples opinion about his dubious character that had badly affected his reputation and creditability as an opposition leader. By hook or by crook, Anwar wants to topple this government by force with all his unconventional strategies in order to capture Putrajaya and become the next prime minister of Malaysia.

Yesterday (Friday, 22 July), together with all peace loving Malaysians of all races, I had attended the launch of Angkatan Amanah Merderka held at the Tunku Memorial in Kuala Lumpur. I believe there were at least more than two thousand people in the audience who had attended the function, with or without invitation. The launch was an eye opener for us and the support from the audience was warm and spontaneous.

Amanah Merdeka is led by a Central Council comprised of Tengku Razaleigh the Preside! nt, six prominent Deputy Presidents and seven Vice Presidents with a clear vision and mission in the name of unity and solidarity.

Although Amanah is politically motivated and inspired with some of the mixed former political leaders in the pro BN government party leadership from both West and East Malaysia, it is hoped that Amanahs noble course to reignite the voice of unity, the spirit of the Constitution, the pledge of justice and lastly the freedom for true liberty, will not be hijacked by irresponsible politically infiltrated agents.

Amanah in its true form as a new NGO may change the political, economic and social landscape of the nation to be led by the next democratically elected government after the 13th general election.

Dato Haji Mustapha Ong was once private secretary to Information Minister Datuk Mohamad Rahmat and later in the diplomatic service. He is the father of Omar Ong of Ethos Consulting, a close adviser to the prime minister, Najib Tun Razak.
Mustapha Ong earned a spot of notoriety in the 1990s when it was alleged he had tried to bribe a New York taxi driver to state he had procured sex partners for Anwar Ibrahim; the taxi driver in turn lodged police reports against Mustapha Ong.

Filed under: Journalism

Siapa Sebenarnya Abd Najid Razak ? Pemilik Tandatangan Borang K2 Cincin RM24Juta !!

Posted: 22 Jul 2011 10:21 PM PDT

ini petikan entry dari edyesdotcom
Anda semua jangan terkejut. Namanya pegawai kastam ini Abd Najid Razak, seakan-akan nama Perdana Menteri kita. Pegawai inilah yang menurunkan tandatangan ke atas borang kastam K2 yang kononnya menjadi petunjuk utama cincin berlian 'Natural Fancy Blue-Gray Cushion Cut Diamon' bernilai RM24Juta itu telah keluar dari Malaysia dan dibawa ke Singapura.

Sebelum diteruskan entry ini, jangan kita lupa bagaimana pihak-pihak terdesak menggunakan hujah yang kononnya terdapat sebuah pameran 'sulit' di tempat yang juga 'sulit', untuk tetamu VVIP yang sulit. Semuanya serba sulit hingga rakyat agak kesulitan untuk mempercayainya. Pameran serba sulit itu dikatakan berlangsung selama 3 hari iaitu dari 17-19 April 2011 dan seterusnya di'terbangkan' ke Singapura pada 20hb April. Atas sebab itulah terbitnya borang kastam K2.
Dengan borang K2 yang sama, Imelda Rosmah cuba diselamatkan kerana telah tertera nama Imelda Rosmah pada borang kastam K1(rekod kemasukkan/import barang dagangan). Anda boleh klik entry bertajuk 'Cetakan Borang Kastam Diubah Untuk Selamatkan Imelda Rosmah!!' untuk mengetahui bagaimana cubaan selamatkan Imelda Rosmah diikhtiarkan. Entry ini khas untuk pegawai kastam yang bertanggungjawab ke atas borang yang di'lulus' olehnya.
untuk membaca lanjut klik

benarkah Politeknik Nilai tiada CF ?

Posted: 22 Jul 2011 10:06 PM PDT

Politeknik Nilai tiada CF
Aduan Rakyat Online
23 July, 2011

Politeknik Nilai beroperasi (sewa) pada peringkat awal di Kompleks Perniagaan Kuarters KLIA, Nilai Negeri Sembilan sehingga awal bulan Julai 2011. Ini adalah politeknik yang agak kecil dimana kurus yg ditawarkan amat terhad. Tenaga pengajar dan kakitangan sokongannya juga terhad.

Apa yang amat mendukacitakan, Pengarah Politeknik telah menggunakan kuasa vetonya untuk memaksa operasi Politeknik Nilai dipindahkan ke kampus barunya di Kampung Labu Johnsan (LBJ) walaupun mendapat tentangan daripada kakitangan politeknik tersebut.

Kampus yang baru masih belum mendapat Sijil Menduduki (CF) dan masih ada kerja-kerja pembinaan yang masih berjalan. Sudah tentu dalam keadaan pembinaan yg masih berjalan, tahap keselamatan pelajar dan kakitangan tidak dapat dijaminkan. Jika berlaku kejadian yang tidak diingini siapa yang harus dipertanggungjawabkan?

Yang peliknya, pejabat Pengarah Politeknik Nilai masih berada di kampus lama? kenapa beliau tidak berpindah sekali kalau tahap keselamatan terjamin?

Disamping itu, semasa kerja-kerja pemindahan dijalankan, kakitangan pengajar yang teruk berkemas kerana tidak wujudnya general workers.

Baru-baru ini, kemasukan pelajar baru dan kelas telahpun bermulakemudahan pejabat masih belum tersusunsemuanya masih dalam keadaan kelam kabut.apakah pengarah sedar akan permasalahan ini? Apakah kementerian sedar dan prihatin akan akan masalah ini? Mungkin kalau sudah terjadi sesuatu tragedibaru sedar semua pihak


Charge MACC officers with criminal offence

Posted: 22 Jul 2011 09:37 PM PDT

PETALING JAYA: Attorney-General Abdul Gani Patail should consider criminal charges instead of merely taking disciplinary action against MACC officers who drove Selangor political aide Teoh Beng Hock to suicide.
Lawyer representing the Teoh-family, Gobind Singh Deo, said that Abdul Gani should consider using Section 330 of the Penal Code which is the offence of voluntarily causing hurt to extort confession. He argued that he believes that hurt should encompass mental injury as well.
Abdul Gani was quoted in the local daily New Straits Times on Friday that action against three MACC officers for their aggressive, inappropriate and (therefore) in violation of the regulations, as indicted in the Royal Commission of Inquiry (RCI) report, is to be read with the understanding of the word regulations.

If it refers to the standard operating procedure of the MACC, it then becomes a matter of discipline Hence, the officers are to be dealt with by the disciplinary body of the Public Service Department, he was quoted as saying. He also said:Conducting interrogations with the intent to derive information but in the process, driving someone to commit suicide is different from doing so with the intent to make him commit suicide.
Although this does not mean we accept the RCI findings in any way, the report definitely allows for a criminal prosecution. The AG should look it the whole thing holistically, and he should very least consider this, or else explain why not, Gobind told FMT.
The DAP leader argued that Section 330 was designed to protect those people who are being abused in the course of interrogations and it was normal that torture would not only be physical but also mental.
The illustration given in the section of the law refers to the word torture. Hurt must include i! njury to the mind and mental distress. Isnt that what RCI said happened to Teoh ?
I believe that the AG would have a case, said Gobind.
Although there has not been a precedent, this can be a test case, he said. If you look in a dictionary, what does the word hurt mean? For the word injury, its already been accepted that it includes the mind, he said.
After the V K Lingam case, what the public wants to find out is if any RCI would result in any action. Now that you have such findings in a report, and of such strongly worded words against certain officers, it is now up to the AG to instill confidence that the findings and recommendations of an RCI is still relevant and important, said Gobind.
What use is an RCI when its not going to translate into any action against anyone? We should look further than just discplinary action, he said.
The courts took great pains to record the testimony of 70 or so witnesses, the long time and costs and then all you get is a booklet? asked Gobind.
Asked if the AG should consider other charges, Gobind said it was up to the prosecutors to decide if they could bring about a charge of manslaughter or criminal intimidation.
The five-man RCI, headed by Judge Datuk James Foong, completed its report on June 15 this year after having heard testimony from 70 witnesses. It released its report yesterday and it is now available for the public to purchase.
Teoh, a 30-year-old DAP political aide of Selangor state exco Ean Yong Hian Wah, was found dead on July 16,! 2009 on the fifth floor corridor of Plaza Masalam in Shah Alam after he was questioned overnight by MACC officers at their then Selangor headquarters on the 14th floor.
A coroners inquest had in January this year returned an open verdict, ruling out both suicide and homicide some 18 months after Teohs death.

Happy birthday Mr PM

Posted: 22 Jul 2011 09:27 PM PDT

Prime Minister Najib Tun Razak has a knack for ditching the rakyat when they need him the most.

In just two years, the premier has succeeded in proving that his 1Malaysia and people first mantra are nothing but lip service and rhetorics.

Typically, what goes around comes around, the tide has turned against Najib. Najibs latest antic of leaving the people to face the wrath of the police on July 9 was enough for many to decide he is not the leader they want as the nations premier.

The Facebook page demanding Najibs resignation had as of this morning recorded 207, 935 likes. The page, titled 100,000 People Request Najib Tun Razaks Resignation was created immediately after the July 9 Bersih 2.0 rally.

It was reported that the page registered 300 likes per minute following the July 9 rally and hit the 100,000 mark within three days of creation.

The July 9, 2011 rally was the initiative of election watchdog Bersih 2.0, the aim being to free the electoral system from corruption and manipulation. Despite the coalitions willingness to work with the police, Najib at the last minute turned back on his word and left it to the police to deal with the Walk for Democracy supporters.

The green light from Najib was all that the police needed. It spared no effort in firing tear gas and water cannons at the supporters. The tear gas was even fired inside the compound of the Tung Shin Hospital in Jalan Pudu, a fact which the Health Minister Liow Tiong Lai initially refuted.

The July 9 incident which bears proof of the police brutality has also gone on to earn Najib the ire of foreign nations. His official visit to the United Kingdom was not as pleasant as he had expected.

The UK premier David Cameron reportedly had queried ! Najib on the Bersih rally. And w hen Najib and wife Rosmah Mansor had an audience with Queen Elizabeth II at Buckingham Palace, the queen too sent home a message to Najib, knowingly or otherwise. Her yellow attire was enough to give Najib a jaundice attack.

Najibs popularity is now at an all-time low and with the latest development concerning the death verdict of Selangor political aide Teoh Beng Hock, it is very difficult for Najib to regain the trust of the people.

RCI finding no surprise

On July 21, Minister in the Prime Ministers Department, Nazri Mohd Aziz revealed the findings of the Royal Commission of Inquiry which says Teoh was not murdered but had committed suicide as he was unable to bear the aggressive interrogation by three Malaysian Anti-Corruption Commission (MACC) officers.

Teoh, 30, had fallen to his death at the then Selangor MACC office in Shah Alam on July 16, 2009, after an overnight interrogation.

Does this disturbing verdict free the MACC of any wrongdoing? Whatever it is, the conclusion leaves no room to doubt that the countrys justice system continues to be manipulated by the powers that be.

The public outcry that this latest development is set to result in is something Najb cannot pretend to ignore. When he refused to select even one of the seven names suggested by Teohs family to sit on the RCI, that itself was ground for doubting that justice would ever come Teohs familys way.
Incidentally, one of the names submitted by Teohs family was that of lawyer Ambiga Sreenevasan, who heads Bersih 2.0 and was one of the key face behind the Walk for Democracy rally.

Najibs lack of respect for the judiciary is going to cost him his plush chair in his cosy Putrajaya office. The Bersih 2.0 rally and now the doubtful verdict on Teoh Beng Hocks death will become the noose that with time will end up suffocating the prime minister.

To most people, they have not forgotten the arrogance Najib has d! isplayed since assuming premiership in 2009.

Najib has not made an effort to assist the Penan women and girls who are continuously raped by timber loggers attain justice.

It is also Najib who has shown no courage to rebuke the Umno-owned Malay daily Utusan Malaysia for fanning racial discord through its seditious editorials and articles.

Likewise, Najib is the least bothered with Perkasa, the extremist Malay group which keeps threatening and humiliating the non-Malays.

Najib, shape up or ship out

Why does Najib so easily ditch the people in times of need? Is Perkasa his tool to achieve his very own agendas?

The premier displayed no interest in solving the issue surrounding the novel Interlok which is used by Fifth Formers. The novel is said to degrade the Indian community.

Najib has shown no interest in tackling issues affecting the Christian community and this alone was enough to earn him the ridicule of many during his trip to Vatican City where he met Pope Benedict XVI.

Najib is silent yet again, this time concerning a report by Sarawak Report that Sarawak chief minister Taib Mahmuds assets in Switzerland are under investigation by the Swiss Financial Market Supervisory Authority (FINMA).

If Najib gets his way, he will do anything possible to silence the rakyat. He tried on July 9 and before that on May 1 when 400 members of the public took part in this years May Day rally.

The May Day rally was the rakyats way of showing their concern, frustration and unhappiness with the rising cost of living. Instead of empathy, Najib turned to the cops and got the rally organisers arrested under the illegal assembly charge.

Here too, incidentally, the key names behind the May Day rally comprised that of Sungai Siput MP Dr D Michael Jeyakumar and activist S Arutchelvan, both whom were arrested.

Dr Jeyakumar is now detained under the Emergency Ordinance under the allegation of playing a ! role in the Bersih 2.0 July 9 rally and for being a national threat.

For a leader who claims people first, Najib has failed those very people so many times and that too when it concerns their bread and butter. Nothing shocking then that the rakyat have given up on Najib, who now needs nothing short of a miracle to stay put as the prime minister.

In any case, it is Najibs birthday today. The premier turns 58 and as far as the rakyat is concerned, they can only pray that their leader is bestowed with wisdom in leading a nation as diverse and challenging as Malaysia.

Jeswan Kaur is a former journalist and a FMT columnist.

The Chinese press and the kopitiam

Posted: 22 Jul 2011 08:40 PM PDT

For those who wont adapt, the cuppa tastes bitter.
Teng Chang Khim, the speaker of the Selangor state assembly, is a rare gem among all politicians in Malaysia. Once working as a court interpreter, his command of the three languages Malay, English and Chinese, is exemplar.

Linguistic skills alone do not make Teng a promising man. More impressive are his incisiveness and firm grasp of public issues that stand him in good stead in politics. One needs only to look at his effort in restoring the democratic principle of separation of powers and creating a culture of accountability with the setting up of the Selangor Select Committee on Competency, Accountability and Transparency, popularly known as Selcat.

NONEBut Teng (right) recently got on the nerves of the mainstream Chinese press when he opined that the Chinese dailies were in a sorry state in which they were only 'reporters' but not 'journalists', some of whom were even permitted to have a column despite that their language competency was less than desirable. He also lamented the dearth of enthusiasm on the part of the Chinese press in making use of the Freedom of Information Act passed by the Selangor state assembly.

That the major Chinese dailies took umbrage at Teng's timely reminder was an expected outcome. Instead of taking a deep look at themselves, they devoted pages to 'commentaries' and 'opinions' that dismissed Teng's critical assessment without responding to the issues that he raised.

W! orse, to distract the readers' attention from the crux of the matter, many of the writers questioned whether Teng criticised with an ulterior motive (read: a 'sellout'), while reminding the readers that it was the 'generous' press coverage given by the Chinese dailies to Teng - a maverick in the DAP - that enabled the speaker to come thus far.

In other words, jangan jadi kacang yang lupakan kulitnya, or one should think of its source when drinking water.

How surreal, that the editorial teams of the Chinese press are now quick to demand for the duty of gratitude, although they are the ones who have been chastising - directly or indirectly - the patronage mentality popularised by the Barisan Nasional and Utusan Malaysia.

chinese newspapers bersihIn resorting to the gratitude argument, these 'media professionals' have only allowed their fragile veneer of righteousness to come off, rending the reader unable to differentiate to some extent between the Sin Chew Daily - the paper that 'upholds justice' and Utusan Malaysia that trumps partisan interests over civic rights.

And one doesn't expect a newspaper that deflects public criticism by seeking refuge in the comfort zone of communalism to rise to the occasion when the people are ready to push the political boundaries.

Wishy-washy is an understatement

Yet no amount of dodgy pieces can disguise the home truth that the quality of the Chinese press in Malaysia has dropped dramatically over the last two decades. To say it is wishy-washy is an understatement. Many a time, the leading article either parrots the government's views or fails to offer insightful perspectives, making reading it a complete waste of time.

It is, however, good as a negative model for secondary school pupils to write better. Some silver lining there.


Teng' s observations are indeed valid. Take, for example, a senior 'journalist' (whose name escapes me) at Sin Chew who questioned the legality of the Bersih 2.0 rally before the massive protest. She referred to the statement by Lim Chee Wei, and remarked that in no circumstances did the Bar Council chairperson call on the public to take part in the rally.

However, Lim made it clear as follows:

Public rallies have therefore been very much a part and parcel of our history, whether to protest against injustices of the colonial administration, or other injustices such as those that we are currently experiencing with respect to our electoral system. Those who say that street protests are not a part of our culture are clearly ignorant of our country's rich history.

It is true that Lim did fall short of urging the public to take to the streets, but the endorsement of the rally itself was unequivocal. How could the writer draw a no-street-protest conclusion from a crystal clear statement as such is everyone's guess.

The writer is ether incapable of addressing vitally important public issues or has difficulties with the English language, or both. What makes her whole piece inscrutable is that she is allegedly a law graduate.

Ambiguous coverage of the aftermath

The voluminous amount of incoherent articles against the Bersih 2.0 rally in the Chinese dailies highlights how far the 'communal' press industry is now removed from the realities. Yet they managed to enrage the public further with their ambiguous coverage of the aftermath.

Although some senior 'journalists' were opportunistic enough to adjust their initial positions, the volte-face was nevertheless executed in a clumsy and tasteless manner that only exposed their hypocrisy in full.

Confronted with the barrage of criticism on Facebook and other social media websites, Tay Tian Yan, a deputy editor-in-chief at Sin Chew, was compelled to pen a piece! ong>, ri diculing the detractors of the mainstream print media as angry youth with less impressive knowledge and accomplishments.

Alas, having used hastily the contents of the 14-page special report on the future of news by the Economist to hit back at his critics, Tay now finds himself in up the creek.

First and foremost, the Economist's apt and interesting leader, Back to the coffee house, is more about how conversational culture in the wake of the proactive social media and modern technologies is transforming news, rather than a new but messy and unruly terrain in which one must tread with care.

From the introduction through to the end, the report argues forcefully and vociferously for the case of a news ecosystem being drastically transformed, writing:

as news becomes more social, participatory, diverse and partisan, it is in many ways returning to the more chaotic, freewheeling and politically charged environment of the era before the emergence of mass media in the 19th century. And although the internet has proved hugely disruptive to journalists, for consumerswho now have a wider choice than ever of news sources and ways of accessing themit has proved an almost unqualified blessing.

The conclusion? Journalism is no longer the exclusive preserve of journalists as ordinary people are playing a more active role in the news system. And social media are certainly not a fad and their impact is only just beginning to be felt.

Media organisations now need to reorient themselves towards serving readers rather than advertisers, embrace social features and collaboration, get off political and moral high horses and stop trying to erect barriers around journalism to protect their position.

Completely different battlefield

In the context of Malaysia, there is a dire need for newspapers and other 'mainstream to reorient themselves away from the powers-that-be given the completely different battlefield! out the re. Just azlanwitness how Facebook users posted footage after footage to prove Liow Tiong Lai and the police wrong in the Tung Shin Hospital incident.

The Economist report leaves no doubt that the transformation of the news business is bringing back the once boisterous coffee house culture of the 18th century England, and there is much to celebrate the noisy, diverse, argumentative and stridently alive environment of the news business in the edge of the Internet.

The coffee house in England of the 17th and 18th centuries was in fact a place where men (yes, hardly women in those days) of ideas met for discussion and exploration of thoughts over a variety of topics. The Whigs and Tories each had their own usual haunts, much like the public houses with different football affiliations in nowadays England, save the rowdiness and occasional violence.

The coffee house was even known as Penny University precisely because for the price of a penny for a cup of coffee, one would come out of the premises a more enlightened person.

However, reading Tay's piece gives one an erroneous impression that the erstwhile English coffee house was no different from the typical kopitiam in Malaysia, where ordinary folks gather and gossip over a cup of kopi, relishing in rumours and hearsays that are hard to verify.

Far from it.

If only Tay had cared to take a closer look at the cartoon on the front page of the particular issue, he would know the coffee house was no ordinary outlet: Note the notices about Pitt the Younger and Marie Antoinette on the wall, and the latest leak of Josephine Bonaparte's emails as well as the mention of Thomas Paine by a patron.

And don't miss out the Tea Party Gazette on the floor. These are all persons and items of the late 18th century so what do they tell us?

! >

Simp le: the coffee house was a common phenomenon in that period of English history, and the men were therefore the rightful subjects of King George III, not Queen Victoria, who only assumed the throne in 1837. By then, the coffee house culture had largely disappeared following the advent of popular journalism.

Hence, the men on the front page actually preceded the Victorian era by more or less five decades. On a side note, men in the 19th century had obviously acquired a new taste for fashion.

It is therefore safe to say that Tay's understanding of the special report is fallacious at best and misleading at worst.

There are many ways to answer the challenge brought by the new media, but twisting an in-depth and discerning report is the worst of them. If even a seasoned journalist like Tay cannot care less to opt to stoop so low, what hope do we have of securing a mature and vibrant mainstream media scene?

The coffee house is back. Enjoy it. Proclaims the Economist. Too bad that for those who refuse to adapt, the taste of the cuppa is bitter indeed.

But at least Teng would be heartened to know he is now more than vindicated.

1 Malaysia is officially dead! — Lucius Goon

Posted: 22 Jul 2011 07:38 PM PDT

JULY 22 — If the Vatican ever needed evidence of the type of leader the Malaysian prime minister is, they should just read his statement on returning home.

Speaking to BN supporters, he sounded like Ibrahim Ali when he said that Muslims (may I suggest that he is only qualified to speak on behalf of Umno Malays) will respect Christians if they respect the Islamic leadership of the country.

Nice one, Najib. You have been officially inducted into the right-wing Hall of Fame, together with Ibrahim, Perkasa and Utusan Malaysia.

The Christians in this country have been law abiding and they answer to the Lord Almighty.

When have they ever challenged the Islamic leadership of the country? They have spoken up against injustice, oppression and defended their constitutional right to freedom of worship and religion.

By this implied threat, you are joining forces with Utusan Malaysia and Umno bloggers who alleged that there was some Christian conspiracy to take over the country — an allegation so preposterous that the cops dare not even bring charges against anyone!

I believe you must have received some feedback from your Umno members that the Muslims (again Umno types) are unhappy that you visited the Vatican. So to show them that you did not kow-tow to the Christians, you offered them some right-wing rhetoric on your return to Malaysia. Your political boys told you that the Malay vote is in danger. So today, you made a choice to go for the Malay/Muslim vote and be damned with the rest.

You have singled out Christians unfairly, only days after your photo opportunity with the Pope. Are you telling Christians that they should kow-tow and drop all claims related to the Alkitab? Are you telling Catholics that they should stop using the word Allah?

Are you telling Christians that a vote against BN is a sign that they did not respect the Islamic leadership of the country?

Please tell, leader of the "global leader of moderates"!

* Lucius Goon reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

Rosmah factor in Sabah Umno

Posted: 22 Jul 2011 07:33 PM PDT

TAWAU: Umno president Najib Tun Razak is a worried man and much afraid of his own shadow and, if rumours are to be believed, his wife's clout within the party.

Within Umno there are three groups of "intelligentsia" – two official and one unofficial. Each group has been turning out their own reports.

But of interest to Sabah is the group which believes that in order for Umno and Barisan Nasional (BN) to become a "better and reformed" party, it should be "dethroned" first.

"A dethroned Umno and BN can make a stronger comeback in the 14th general election… There will be better unity and appreciation of each other," said a veteran Umno insider.

According to the veteran insider, Najib too is "very much aware" of this view and secretly shares this opinion.

"That's why he (Najib) openly said in his (Umno assembly) speech that he will defend Putrajaya 'at any price'. He said it twice.

"He has given many hints of his views. Even last week he admitted that 'normally a political party too long in power would not do self-introspection'.

"In other words, he is saying that a party (read Umno) takes for granted it would be in power forever, and thus arrogance would bring it down finally," he said.

It is also now an open secret that opposition Pakatan Rakyat has consolidated its presence in Sarawak and is "convinced" of raking in eight MP seats.

Pakatan is also said to be optimistic of its chances in another five seats, making it a challenge for BN to maintain its grip on Sarawak's 31 MP seats.

But Sabah is another story. Sabah lost two seats – Tawau and Kota Kinabalu – to the opposition in the 2008 general election.

Together, Sabah and Sarawak contribute 57 parliamentary seats (including one in Labuan), a crucial number that can tip the balance of power in the peninsula when the country goes to the national polls.

Malaysia has a total of 222 parliamentary seats, and it practises "first-pass-the-pole" system whereby a government can be formed once a simple majority in Parliament is attained.

Najib's men

Although the 13th general election is not due until March 2013, signs are there that it could be held sooner.

Here the Election Commission (EC) has already begun appointing its polling district heads who are mostly school headmasters or principals in the state.

According to political observers in Tawau, the central BN leadership is confident it would not lose more than three of the 25 MP seats in Sabah.

But Sabah BN is a little more cautious. It sees a 50:50 chance in six seats – Sandakan, Penampang, Kota Belud, Pensiangan, Kota Marudu and Beluran.

Pressure is mounting on BN to win in Tawau, Sandakan and Kota Kinabalu, all Chinese-majority towns.

Reading between the lines of Najib's many moves, an observer here said the prime minister had sent his own team to evaluate the situation in Tawau.

"Umno intelligence reports aside, Najib is sending his own trusted men to Sabah to do BN's own analyses of its ground strength.

"He has sent Parliament Speaker, Pandikar Amin Mulia, to Sabah (for this purppose).

"Pandikar was in Tawau a few days ago to gauge the situation in Tawau alone.

"The prime minister does not want to rely on just Umno's intelligence reports. It's not because he refuses to believe them, but he simply wants a second or third opinion on BN's real strength in Sabah.

"There's an idea to get Sabah to hold its state election ahead of the general election as a way to gauge BN and Pakatan strength.

"But a faction within Umno is against such a psyche-war," a local Umno source said.

The source believes Pandikar and Umno vice-president Shafie Apdal are working together to ensure Sabah retains the 25 MP seats, thus gifting Najib with the "fixed deposit" which is guaranteed to allow BN to "retain Putrajaya at all cost".

Rosmah factor

State opposition DAP chief Jimmy Wong is also of the opinion that Najib wants Shafie, who is rumoured to be chief-minister-in-waiting, to lead the battle for the state.

It is a known fact here that Najib wants Shafie to be Sabah chief minister, replacing Musa Aman.

"There are two Umno camps here. One is the Najib-Shafie camp and other is Musa-Rosmah.

"Najib wants Shafie to be chief minister but Rosmah needs Musa on the seat, " he said.

Wong's comment seem to confirm widespread rumours here and in the peninsula that Rosmah, through her nominees, is in business with Musa-linked associates in the plantation and the quick-money spinning timber industry.

Rumours circulating the political circles here are that recent disclosures of Rosmah's jewelled indulgences are allegedly linked to commissions she is allegedly receiving abroad.

Sabah is facing a serious shortage of round logs which the state, through its agencies, exports abroad. Round logs which are exported do not pay the state government royalties.

It is understood that payments for the logs are not remitted to Sabah but instead paid in a third country, such as Hong Kong.

A local sawmill operator told FMT earlier this week that it was puzzling why the state government was refusing to sell round logs to locals who were prepared to pay the same price as foreign buyers. The state government's adamant stand has brought the industry to an almost standstill since early this year.

Wong threw some light on this matter when he said that there was the "above-board price and what was actually paid".

"I am sure the buyers abroad are paying a lower price. Until now, the state has not declared how many logs it sells and how much is actually earned.

"Strange but in the last three years, state earnings from timber have been dropping considerably," he said.

'Sewa Undi'

Back to politics, Wong said that in Sabah, Musa and Umno "can do anything they want".

"BN knows it will be difficult in Sarawak and Peninsular Malaysia this time.

"Here it is a one-man show. In the past 30 years , Umno-BN has done a lot of damage. It will be difficult to change the situation overnight," he said.

Wong, who is Sri Tanjung state assemblyman, believes thtat to unseat the opposition-held parliamentary seats in Tawau and Kota Kinabalu and his own Sri Tanjung, Umno-BN would need to beef up its voter strength in these areas.

"They are already doing this by gerrymandering the electoral lines. They are downsizing big Chinese areas and leaving big Umno areas alone.

"They will also use the 'sewa undi' strategy.

"This is for the illegals here. Umno is holding them for ransom. It was doing this before… now with the amnesty programme, Umno will have acquired all the details it needs from more illegals.

"Then the party makes the MyKads and 'sewa' (rent) to them to 'undi' (vote). This is what happened even in the last election.

"We have proof of the many frauds but the EC is not interested in fairness, which is what Bersih 20 is asking.

"Clean the electoral lists of dead people and stop the gerrymandering," said Chong.

Marginal wins

Meanwhile, a local activist told FMT that his informant in the National Registration Department (NRD) had revealed that the department had been directed by Putrajaya to ensure that 40,000 illegals in Sabah are issued MyKads.

"The informant told me last year about the directive from Putrajaya. So far they have managed to register 20,000 because the NRD is selective.

"NRD will only give it to the uneducated illegals. A friend who is Muslim and has some education was told that he cannot get a MyKad because he spoke English," he said, adding that it was obvious that the government was only interested in the illiterate aliens and those who will not ask "too many questions".

Another Umno source who is aware of this "operation" said that the 20,000 "new" voters would be placed in areas where BN saw marginal wins in Sabah.

"The voters will fill up areas which BN is unsure of. There are at least five other constituencies which are borderlines for BN," he said.

Kolum Mendepani Zaman saya di Sinar Harian: Demokrasi Kuat bererti tidak Takut

Posted: 22 Jul 2011 05:42 PM PDT

Kerajaan yang kuat ialah Kerajaan yang tidak takut mengamalkan demokrasi. (Tun Dr Ismail Abdul Rahman, Menteri Dalam Negeri Julai 1969)

Itu bezanya Menteri Dalam Negeri dahulu berbanding hari ini. Meskipun beliau memegang jawatan tersebut ketika negara dilanda tragedi 13 Mei 1969, beliau dihormati semua kerana pendiriannya yang berprinsip.

Sebelum 9 Julai, pelbagai cara digunakan untuk menekan dan menghalang aktivis serta penganjuran himpunan Bersih. Lebih 200 orang ditangkap atas pelbagai tuduhan. Ada yang ditahan di bawah Ordinan Darurat, memakai kemeja T dan kasut berwarna kuning.

Bagi Karnival Mesra Rakyat Bersama Menteri Besar yang diadakan di DUN Seri Setia, antara lain saya menjemput ikon dan personaliti TV Wardina Safiyyah untuk menyampaikan ceramah motivasi pada sebelah malam yang turut dihadiri Yang Berhormat Bukit Antarabangsa.

Kebetulan Wardina menasihatkan ibu bapa untuk menekankan tentang kebersihan setempat dan ada gambar beliau bersama saya, Bukit Antarabangsa dan Ahli Majlis kawasan yang secara kebetulan memakai baju Bersih. Beliau terus diserang teruk oleh blogger-blogger tertentu kononnya menyokong perhimpunan Bersih.

Mengapakah Bersih begitu ditakuti? Pada 3 Julai, Yang di-Pertuan Agong menitahkan agar Kerajaan Persekutuan dan Bersih berunding secara baik. Dalam titahnya, baginda menasihatkan Kerajaan Persekutuan:

Beta juga menyeru kepada pihak kerajaan agar melaksanakan segala amanah diberikan kepada rakyat secara adil dan bijaksana dan yang pentingnya Beta selaku Yang di-Pertuan Agong tidak mahu melihat bermasyarakat majmuk negara ini berada dalam keadaan bermusuhan sesama sendiri ataupun sebahagian rakyatnya bermusuh dengan kerajaan atas apa jua alasan pun.

Kemudian Datuk S Ambiga, Datuk A Samad Said dan Zaid Kamaruddin mewakili Bersih, menghadap Yang di-Pertuan Agong dan umumkan Bersih bersetuju tarik diri perhimpunan jalanan kepada stadium.

Datuk Seri Najib Tun Razak kemudian umum Kerajaan Persekutuan bersedia untuk bertemu denga! n Bersih dan membenarkan perhimpunan 9 Julai dibuat di stadium.

Namun Datuk Seri Hishamuddin Hussein Onn kemudian menarik balik tawaran stadium dan meminta program diadakan di stadium negeri Pakatan Rakyat. Bagi stadium negeri Pakatan Rakyat tidak perlu Perdana Menteri menawarkan, sudah lama pun kita adakan program di sana. Ibu negara Malaysia masih lagi Kuala Lumpur, jadi sudah tentulah rakyat hendak berhimpun di Kuala Lumpur.

Pada 9 Julai lalu saya bersama kira-kira 50,000 rakyat berhimpun secara aman. Ada Melayu, Cina dan India, malah ada yang datang dari Sabah dan Sarawak. Ada doktor-doktor kerajaan, ada ketua-ketua jabatan, ada penuntut kolej. Ada pemandu teksi dan ustaz-ustaz dari kampung. Kami berhimpun menjerit Bersih, Daulat Tuanku dan menyanyikan lagu Negaraku. Dalam kegagalan PM merealisasikan 1Malaysia dengan yuran rundingan jutaan ringgit, rakyat merealisasikannya di perhimpunan Bersih.

Namun, kami terkejut dengan tindakan pihak berkuasa. Pimpinan dan aktivis ditembak dengan gas pemedih mata secara dekat, ada yang ditendang dan ditangkap. Datuk Seri Anwar Ibrahim dan Ahli Parlimen Shah Alam, Khalid Samad ditembak gas pemedih mata secara langsung. Motosikal yang dibonceng Mohamad Sabu pula dilanggar kenderaan polis sehingga lutut kanannya cedera teruk.

Lebih mendukacitakan lagi, Baharuddin Ahmad meninggal dunia selepas terperangkap dalam gas pemedih mata.

Sewaktu saya menuntut di London selama tiga tahun, saya banyak turut serta dalam demonstrasi menentang peperangan Iraq. Pernah, dua juta orang termasuk rakyat Britain beragama Kristian dan Islam berarak di bandar raya London, namun polis menjaga keselamatan rakyat yang berarak.

Aneh sekali, saya seorang Muslim lebih selamat berarak membantah Britain dan Amerika menawan sebuah negara Islam berbanding berarak menuntut pilihan raya bersih dan adil di negara sendiri.

Sebab itu perhimpunan Bersih di Australia, Singapura, Thailand, Jepun, Taiwan, Korea, Britain, Dubai dan Amerika Syarikat aman damai. Hanya di Mala! ysia Ber sih menjadi perkataan kotor.

Benar kata-kata Ronggorwarsito, penyair Jawa yang menyebut tentang Jaman Edan atau zaman gila. Warna kuning ditakuti, perkataan Bersih menjadi kotor, rakyat dizalimi dan Perlembagaan seolah-olah dibuang ke bakul sampah.

Hansel and Gretel 2.0

Posted: 22 Jul 2011 07:39 PM PDT

JULY 22 — Once upon a time, there was a poor woodcutter who lived in a cottage at the edge of a big forest with his two children: a boy named Hansel and a girl called Gretel. He loved them very much, although God knows why he couldn't have given the kids better names.[1]

Sadly, their mother, Chlotichilda,[2] died when they were very young. She accidentally stabbed herself in the neck with a bouquet of freshly sharpened pencils while getting ready to go to the farm one morning. It was not a pretty sight.

The woodcutter later remarried the daughter of a local butcher who was not only ugly, but also absolutely loathed the children. She nagged incessantly that they ate too much, that there was not enough food for anyone else. Times were hard and the economy was suffering from a recession not seen since The Great Depression. Recovery had been tepid at best, and everyone was struggling to put food on the table.

"There are too many mouths to feed! We shall starve if this goes on, so we must get rid of the two brats," she declared one night. "We must take them into the forest and leave them there — far enough so that they won't find their way back."

The woodcutter initially protested, but he didn't want to risk sleeping on the couch for an extended period. With the threat of a prolonged sex embargo looming large over his head, he reluctantly agreed.

The children had heard them talking, and Gretel began to cry.

"Be strong, Gretel," said Hansel calmly. "Crying can be perceived as weak, and this doesn't augur well for the government's policy to ensure that women make up at least 30 per cent of the board of public listed companies in this country," he added.

"I'll think of something. I'm a man. By definition, I'm a problem solver and I fix things. Haven't you read the book 'Men Are From Mars, Women Are From Venus'?" added Hansel.

Actually Hansel had no clue what to do but he figured it was important that he appeared in control. Otherwise, Gretel would have kept crying and that would have been very annoying.

Hansel finally came up with an idea. He slipped quietly out of the back door, filled his pockets with little white pebbles, and went to bed.

The next morning, the whole family set out into the forest to cut wood. As their stepmother led them deeper and deeper into the forest, Hansel secretly dropped the white pebbles, one by one as he went.

They finally stopped for a spot of R&R, and the stepmother asked Hansel and Gretel to wait there while she and their father went to cut some wood. She promised to fetch them when they were ready to leave.

The children waited and waited until it got dark, and it dawned upon them that they had been abandoned.

"They've left us!" sobbed Gretel, stating the obvious. "And I am so cold and hungry."

"Don't worry, Gretel," said Hansel. "Come along, let's find the way home."

Ever the gentleman and protective brother, Hansel wrapped his coat around Gretel's shoulders as they set out for home. Soon it grew too dark to see, but the moon — rather conveniently — came out from behind the clouds. Suddenly, the children saw something glinting on the ground.

Gretel — who by this time had started hallucinating — initially thought that it was a bunch of VVS1, D-colour diamonds from Antwerp, but Hansel instantly knew that they were the pebbles that he had dropped on the way into the forest.

They followed the path and traced their way back home. The woodcutter was ecstatic — not to mention a little bit sheepish – to see his children safely home again. The stepmother was properly flummoxed and, naturally, not amused.

Weeks passed and times grew even harder as a result of a double dip economic recession, which was further exacerbated by the strengthening euro which made export less competitive. Worse, the nation descended into chaos and anarchy as demonstrators3 took to the streets. The government was forced to work hard to convince investors that the country still had much to offer.

It got to a point where the family was only left with half a loaf of bread, half a Kitkat, a bottle of Hillsburg non-alcoholic malt drink.[4] The stepmother told the husband in no uncertain terms that his time he must take the children into the forest and make sure they never come back.

The woodcutter tried to protest again, but he was swiftly reminded of the impending sex embargo. Emotional blackmail is a powerful thing, you see,[5] and the poor sod was sent to bed without his supper.

The children heard everything but this time Hansel could not find any white pebbles. Wah, what a predicament lah!

Early the next morning, their stepmother gave the children each a slice of bread, and once again led them into the forest. As Hansel had no pebbles, he had to drop his slice of bread, crumb by crumb, to mark the route.

In the very depths of the forest, the stepmother once again told the children to wait until she came to fetch them, and predictably, once again she did not return.

Anxious to get home before it grew too dark, Hansel and Gretel set out to find the breadcrumbs that would show them the way back home. Much to their shock and consternation, they couldn't find any because the angry birds[6] of the forest had eaten them all!

"Don't worry," said Hansel with the firm conviction of a non-governable organisation (NGO) leader, although he himself was petrified of the frightening shadows in the darkness. "We'll soon find the way."

But they stumbled all night and of course they couldn't find a way. Being a guy, Hansel refused to ask for directions even though they were clearly lost. Google Maps and the GPS were not yet invented, so the situation was pretty hopeless.

The two children huddled together all night for warmth and when dawn broke, they started to wander about the forest until they chanced upon a strange cottage.

Much to their delight, they discovered that the house was entirely made of gingerbread, cakes, barley sugar, milk chocolate and all that fattening stuff. Starving but delighted, the children began to break lumps of the house wall and gobbled them whole, but not before reciting the doa makan.

Hansel kept eating the roof, while Gretel thought the windowpanes were particularly tasty. Obviously this was not very healthy, as it will encourage kids to get high on sugar and, over time, become obese.

More importantly, breaking off pieces of the cottage will affect its structural integrity as it is no longer faithful to the blueprint as designed and computed by a competent civil or structural engineer.

"Well, well, well! Having an awfully grand feast, aren't we?" croaked an old woman who suddenly appeared from the doorway. "You two look famished. Come inside and I'll cook you a proper meal."

Soon, Hansel and Gretel were tucking into the best meal they had eaten for a long time.[7] After a hefty dinner and scrumptious desserts, a mighty belch-fest ensued,[8] and the children — very full and tired — soon crashed in bed and snored the night away.

Now, dear readers, you've probably realised[9] that this old woman was, in fact, a very evil witch whose modus operandi revolved around luring children to visit her delicious house, fattening them up, and cooking them in the oven.

Sure enough, the next morning she seized Hansel and locked him in a cage, while Gretel was forced to do all the housework.

"We must fatten the boy up," she cackled.[10] Thereafter, she cooked big meals for both children every day, and every night she told Hansel to poke his finger out of the cage to see how fat he was getting.

Each time, Hansel poked a chicken bone out of the cage instead, and the very short-sighted witch thought he wasn't getting any fatter. This was pre-contact lenses and pre-LASIK,[11] you understand.

The witch was baffled why Hansel didn't get fat despite all the food, and after a while, she lost all patience and decided to eat him anyway.

"Fat or thin, I shall cook him now! Stoke up the oven, my dear," she commanded Gretel.[12]

"I don't know how to," said Gretel. "I mean, it's not like this oven comes with an instruction manual. Can you show me then?"

"It's easy, you daft git," snapped the witch. "Like this!"

The wicked old woman turned so abruptly, and in a classic, slapstick Harold Lloyd[13] moment, she tripped and lost her balance, and fell headlong into the flames.[14]

Gretel promptly opened Hansel's cage and he leapt out and embraced his sister. They went outside, ate pieces of the house a bit more, and stuffed some into their pockets before continuing on their way.

They walked through the forest until it was too dark to see between the trees. Once again, they were hopelessly lost. They were about to give up hope when the moon rose above the clouds and something wonderful happened.

"Look!" whispered Gretel, pointing to the ground in front of her, where something glinted in the moonlight.

"It's one of my pebbles!" cried Hansel. "And look — there's another!"

Joyfully, they began to run, following the trail of pebbles. They ran and they ran past Puduraya, Menara Maybank, Central Market, Dataran Merdeka, Stesen KTM and Masjid Negara until, at long last, they reached Stadium Merdeka. I mean, until they saw their home beyond the trees and their dear father.

How they rejoiced and hugged each other! The woodcutter had never forgiven himself for abandoning his children in the forest, and his evil wife had left him soon after for a Gouda cheese maker from Eindhoven. In fact, since he had left the children in the forest, he had not had a single happy hour.[15]

Now that his children have returned, he worked even harder than before and life began to get better. The local economy improved soon after, thanks to the stimulus package provided by the government and a better investment climate that jumpstarted many industries. Hansel and Gretel also helped out by starting a cupcakes business, and they soon had some money to invest in unit trusts, old and Tabung Haji, and they didn't have to rely solely on EPF.

With all their troubles over, Hansel and Gretel and their father were happy at last, and I guess this is a nice way to end this ridiculous fairy tale.


1 But let's not go there.

2 Another unfortunate name.

3 All 6,000 of them.

4 Certified halal by the authorities.

5 Yes folks, it happens.

6 The feathered, winged, endothermic, vertebrate "live" variety. Not to be confused with the video game developed by Rovio Mobile.

7 Although to be fair, the kids were poor and didn't always have much to eat. So that was not very hard to top, really.

8 Kids, this is not very polite. Don't forget to say "Excuse me" when this happens.

9 Unless you're really, really silly.

10 These old witches always cackled – they never learned to speak properly, did they?

11 We recommend the Eye & LASIK Centre at Prince Court Medical Centre, Kuala Lumpur, which employs the latest VisuMax Femtosecond Laser and MEL 80 Excimer Laser. Prices for this premium bladeless procedure start at RM6,990.00.

12 You know you're in big trouble when an evil witch addresses you as "my dear".

13 Harold Clayton Lloyd, Sr. (April 20, 1893 – March 8, 1971), American film actor and producer who ranks alongside Charlie Chaplin as one of the most popular and influential film comedians of the silent film era.

14 Being wicked, you probably expect her to have died a more brutal death e.g. a flying broom accident, but we didn't have time for all that here.

15 No, not THAT Happy Hour, you idiot!

* Excerpt from a work in progress: "Updated Fairy Tales". Copyright Mohd Suhaimy Kamaruddin, July 2011.

* The views expressed here are the personal opinion of the columnist.

Awakening of the Malaysian Diaspora — Global Bersih 2.0

Posted: 22 Jul 2011 07:37 PM PDT

JULY 22 — Starting from spontaneous expressions of patriotism at a few international locations where Malaysians were residents in fairly significant numbers, the desire to show support for the Bersih 2.0 'Walk for Electoral Reform' in Kuala Lumpur sprouted into a worldwide event that spanned most of the major time zones. New Zealand started the day rolling followed by rallies happening in several Australian, Asian and European cities. The ripple then spread across the Atlantic Ocean, to cities in North America, ending the historical day at the West Coast cities of Los Angeles, Portland and San Francisco. Indeed the sun did not quite set on Bersih 2.0.

The sun decidedly shone down its warm yellow rays on Bersih 2.0 participants everywhere, especially in places with chilly winds. But quite the contrary, if not ironic, back in Kuala Lumpur, as rally participants were doused with stinging tear-gas and chemical-laced water, the skies opened up, washing everything clean! This occasion proved to be a new paradigm for Malaysians, especially the youth. They were experiencing Unity in Diversity, a concept few imagined was possible. Optimists estimate that some 50,000 Malaysians had gathered together without regard to ethnic origin or religious leaning. This was a Malaysia dreams were made of.

Elsewhere in the world, the outpouring of patriotism was just as impressive. Malaysians were united as one, in foreign lands. In places where Malaysians had existing committees and who met up regularly, organising a rally was pretty straightforward. But in some cities, rookies who had never even attended a rally before stepped up and asked how they could organise one. The results were most gratifying, as the numbers below show ...

City (attendance): Wellington (10); Auckland (35); Christchurch (15); Brisbane (100); Sydney (500); Canberra (40); Hobart (30); Melbourne (1,000); Adelaide (150); Osaka (14); Seoul (35); Suzhou (20); Taipei (300); Shenzen (20); Hong Kong (80); Perth (120); Singapore Online (63); Singapore Picnic (200); Dubai (40); Cairo (100); Istanbul (2); Stockholm (10); Graz, Austria (2); Zurich (42); Geneva (12); Paris (30); London (450); Glasgow (30); Belfast (25); Dublin (60); Cork (14); Limerick (11); New York City (130); Ottawa (11); Washington DC (50); Chicago (35); Los Angeles (85); Portland, OR (14); and San Francisco (120).

Total attendance for all 38 locations = 4003 participants. Cities are sequenced according to longitude.

Apart from these heart-warming numbers of participants in these locations, there were unconfirmed reports in the social network site, Facebook, of people in other locations such as Cambodia, Jerusalem, Frankfurt ... also standing up to be counted. But in the absence of verifiable sources, we have to leave those claims open. The organisers in Singapore, aware of the restrictions on public gatherings posed by the Singapore authorities, quite cleverly decided to do an online show of their love for Malaysia and their support for the Bersih 2.0 campaign. However, there were some folks who decided to gather informally for a picnic at a popular park. We have reported the numbers of both these gatherings. Sympathy rallies were also held in Manila, Bangkok and Jakarta but we have not included those attendance numbers.

The Steering Committee of Global Bersih 2.0 would like to thank all participants for the tremendous support extended towards the call for Free and Fair Elections and Real Democracy in Malaysia. Through your actions, that some may deem indirect or small, you have provided irrefutable proof that Diaspora Malaysians still hold Malaysia dearly in your hearts and would return if you could. You have staked your claim to having a part to play in what happens at home.

Despite the excessive use of force encountered by the Bersih 2.0 Walkers in Kuala Lumpur, all the locations elsewhere proved that peaceful demonstrations are a part and parcel of the democratic process and can be managed effectively with minimal impact on non-participants. This is testimony to the maturity of Malaysians in their ability to participate fully in a vibrant democracy. Authorities should take cognizance of this and allow the political evolution of Malaysia to proceed naturally.

The myriad of global locations displayed banners and posters, with participants wearing YELLOW — T-shirts, scarves, ribbons ... In some locations loud hailers were used to address the crowd while in other more cosy locations, participants took turns to read and discuss the eight demands. A Samad Said's almost-banned poem was read, memoranda and posters were signed, catchy phrases were chanted and the "Negaraku" was sung with fervour. Many locations also called for the immediate release of the 6 detained under Emergency Ordinance without legal recourse. In every location, the local authorities were most helpful, some even suggesting more impactful vantage points to gather at. Sadly, at almost every location, representatives of Malaysian authorities took photos and videos and tried to record the names of participants.

Carnival atmosphere aside, the most significant impact of Global Bersih 2.0 is the realisation that has dawned upon many Diaspora Malaysians that you are not alone in your love of and concern for your mother country. You met and interacted, many for the first time, with others like yourselves living relatively near to where you live. This has sparked the desire on the part of many to remain in contact with each other and continue to come together for activities that can help improve your nation.

The Steering Committee of Global Bersih 2.0 proposes to extend the ongoing domestic activities of Bersih 2.0 by promoting the following activities internationally. The first three of these will be carried out by those interested participating locations while the next three will be coordinated by the Steering Committee:

Yellow Saturday movements — gathering in any public place, dressed in yellow or carrying out any activities involving the colour yellow;

Public events to explain the eight points and broaden understanding of what Bersih 2.0 seeks to accomplish;

Photo exhibitions and video shows, again to broaden general understanding of the realities at home;

Lobbying with sympathetic NGOs and friendly governments to seek the release of the six persons still detained under the Emergency Ordinance;

An international petition pushing for the first four demands of Bersih 2.0 to be implemented within three months and for full disclosure on any amendments made to the electoral process; and

Promotion of the MyOverseasVote campaign to enable Malaysians to register and vote from wherever they happen to reside.

Global Bersih 2.0 is a turning point in the relationship of Diaspora Malaysians with your mother country. Many of you showed that you were willing to cast aside your fears and contribute towards making our land the better country it can be. Those committed, let us bring our skills and resources to bear to help rebuild our nation and fulfil the promise of potential it showed when it was first born 54 years ago. Let us work together to make Malaysia the great model nation it was meant to be.

* This an essay by the Steering Committee Global Bersih 2.0.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.


Posted: 22 Jul 2011 04:01 PM PDT

French probe to zoom into Altantuya-subs deal link

Posted: 22 Jul 2011 02:38 PM PDT

EXCLUSIVE French lawyer Bourdon talks to Malaysiakini just hours before he was detained by immigration authorities, who boarded his plane in KLIA this morning.

EXCLUSIVE Investigations by French authorities into the controversial RM7.3 billion Scorpene submarine deal, which allegedly involves kickbacks to top Malaysian officials, may shed light on the mystery surrounding the death of Mongolian national Altantuya Shaariibuu.

Paris-based lawyer William Bourdon, who was in Penang yesterday, said the probe would probably reveal relevant details related to Altantuya's involvement in the purchase of the two French submarines by Malaysia.

NONEPolice investigations have already revealed that Altantuya and Abdul Razak Baginda, a close confidante of Prime Minister Najib Razak, had been beneficiaries of travel expenses paid by an obscure French company in Malta.

Bourdon (left), who was detained by immigration officers at the KL International Airport upon arriving from Penang about 10.30am today, said he had kept abreast of Altantuya's case since her death in 2006, and had noted that her murder trial had been overly dramatised.

Speaking to Malaysiakini in exclusive interview just hours before he was detained by immigration authorities, who boarded his plane at KLIA this morning, Bourdon said: "The manner in which the trial was conducted provoked many questions; a lot of obscurity remains regarding her murder."

The trial ended in 2008 with two of the bodyguards of Najib, who was then deputy prime minister and defence minister, being convicted of her murder.

The duo are currently appealing their death sentence. Abdul Razak, who had been charged with abetting the duo, was acquitted without being called to make his de! fence. p>

altantuya razak baginda mongolian murder 020707 short hairObservers had remarked that despite the high-profile trial, two pertinent questions surrounding Altantuya's murder were yet to be answered: why was she killed and who ordered her killing?

Najib, who as defence minister was in charge of the mega-Scorpene submarine deal, has denied any involvement in the murder.

On the Suaram case which the lawyer filed in Paris last year, Bourdon said he was confident he would be able to access the related documents and files very soon.

These expose are expected to bring to book high-profile Malaysian officials said to have received kickbacks amounting to millions of ringgit from the submarine deal.

Bourdon said the case was still under the investigation phase, with the police still interrogating witnesses.

On behalf of human rights group Suaram, Bourdon has applied to the public prosecutor to allow the Kuala Lumpur-based NGO to be admitted as a civil plaintiff in court.

If accepted, he said, an investigative judge will be appointed to handle the case.

"The investigative judge is the only real independent institution to deal with sensitive cases such as corruption," he said.

No real democracy if judges not independent

On whether the independence of the judiciary could be guaranteed, Bourdon said this would be assured through the appointment of the investigative judge by an independent body.

"The judges in such cases answer to no political hierarchy, so there is at least a legal guarantee that ensures their independence," he added.

"There can be no real democracy if judges are not independent."

However, Bourdon does not discount the fact that in sensitive cases like corruption, there could be a possibility of the public prosecutor being approached to keep the truth fro! m coming out.

"Especially if the truth is dangerous (to the people who approach the prosecutors)," he said.

NONE"Which is why we need an independent media to balance between state power and these institutions," he said, adding quickly that he was aware of the current state of the media in Malaysia.

Although Bourdon - who was accompanied by his lawyer fiancee, Lea Foriester, on his trip to Malaysia - is confident that the case is making headway in France, he is still careful not to be presumptuous on whether Suaram would eventually be accepted as a civil plaintiff.

This is due to the circumstances in any case involving corruption, which can be very challenging anywhere in the world, he said.

The public prosecutor could well deny Suaram the right to appear as civil plaintiff and if this happened, Bourdon said, he would definitely file an appeal.

Even if Suaram failed to make it to court, there would be the opportunity for its lawyers to access the relevant documents and files in the case.

"In my opinion, if Suaram is not accepted as a civil plaintiff, it would seem like a breach of international legal standards and law," Bourdon added.

A Plan B in place

In any case, he said, he has a Plan B, about which he would not speak now. "All I can say is that we will move forward."

Bourdon himself has been involved in battles to make government leaders accountable for their corrupt ways and in issues of human rights abuse over the past 30 years.

He set up Sherpa, a non-profit organisation, with other lawyers in Paris in 2005 to work on international justice cases.

He has conducted about 50 monitoring missions in several countries.

military malaysia navy french built submarine scorpene classDuring the course of his work in various countries, the authorities have threatened him with deportation - but never went through with it.

They did, however, monitor his movements and he felt he was 'in permanent control by the secret police', for example, in Tunisia and Turkey, from 1995-2005.

In all these years, his team had not only registered defeat but had recorded several victories, too.

For example, in a forced labour case between France and Thailand, his intervention helped secure a better life and working conditions for his clients.

Bourdon said he has realised that these days citizens, from Malaysia to Tunisia, were no longer tolerant of corruption.

"In the last 20 years, there has been a sense of resignation where corrupt practices are in a way 'acceptable' but not any more," he said.

"What has become important is democracy and rule of law, and corruption involving government leaders can break the confidence of public votes," he added.

Democracy, Islam and Malaysia's ruling party

Posted: 22 Jul 2011 07:39 PM PDT

JULY 22 — I think the ruling party in Malaysia has become a little bit confused about how they should be governing the country in this day and age.

We've all heard it mentioned that they fight for the rights of Malays and Islam . . . so much so that they are beginning to sound like a broken record.

Now why do I say they're confused? Well, they seem to have this thinking whereby Islam rejects democracy when it is really the opposite.

They seem to think that the people should not have a voice and that the majority is what they determine instead of what the people determines.

By denying the people their right to express themselves and to determine how they are governed, as in the case of Bersih 2.0, they are really rejecting the Islamic way.

But it's hard to blame them when many of the Islamic countries around the world reject democracy too and seem to embrace autocratic rule.

They seem to think that if they build tall buildings and expensive highways, then Malaysia would be considered a progressive and modern Islamic country.

But they failed to consider that by rejecting democracy and going for the all-popular autocratic route, they are really moving backwards and not being progressive at all.

Let's go back to the early days of Islam when Prophet Muhammad was leading the Muslims all those hundreds of years ago.

He made it a point not to select a successor and left it to the people to do so. Hence, the first four caliphs; Abu Bakar, Omar, Osman and Ali, were chosen by the people.

It was only after all the fighting and wars fought that autocratic rule came to exist in Islam, with the Indian Mughals and the Baghdad Abbasids leading the way.

Now why did these groups of people advocate autocratic rule? It was because they suffered from the delusion that they were all elitists and had a right to rule.

So I would like to humbly remind the ruling party about the concept of Khilafat in Islam, whereby a state government needs to be ruled by the free choice of the people.

Khilafat also promotes the fundamental rights of all human beings irrespective of gender or creed, the independence of a judiciary, and, in this context, Shura.

Shura means the consultation of the people in a particular society by the people who are in that particular government.

The Quran states, in Surah Al Shura:

"Those who listen to their Lord, and establish regular prayer; who conduct their affairs by mutual consultation; who spend out of what we bestow on them for sustenance, [are praised]."

"The blame is only against those who oppress men with wrong doing and insolently transgress beyond bounds through the land, defying right and justice: for such there will be a penalty grievous."

And also in Surah Al Imran:

"So by mercy from Allah , [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him]."

As it is so obvious, Islamic governance, at its core, pushes for full, neutral and unbiased participation among the people and the government.

One of the factors that led to the fall of the great Abbasid empire was because their claim to rule was due to the fact that they were "born" to do it and it was hereditary.

Funnily enough, they tried to control their huge empire by relegating authority to local rulers, who ironically, passed on their rule to their sons in a very feudal fashion.

And so their empire crumbled.

So my advice to the ruling party in Malaysia would be to be more Islamic and embrace true democracy.

They may not realise it but what they are doing really will be the tipping point of when their empire will crumble.

* The views expressed here are the personal opinion of the columnist.

Year 2012, will Guatemala disappear from earth?

Posted: 22 Jul 2011 12:14 PM PDT

Sinkhole almost swallows pensioner

A Guatemalan pensioner has a narrow escape after a giant sinkhole opens under her bed as she sleeps.

When neighbours heard the loud boom overnight they thought a cooking gas canister had detonated. Instead they found a deep sinkhole the size of a large pot inside a home in a neighbourhood just north of Guatemala City.

The sinkhole that appeared late Monday was 12.2 metres deep and 80 centimetres in diameter, an AFP journalist who visited the site reported.

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Mind the gap ... a man inspects a sinkhole inside a house in Guatemala City.

Mind the gap ... a man inspects a sinkhole inside a house in Guatemala City. Photo: AFP

The hole is tiny compared to giant sinkhole that formed nearby in 2007 that was 100 metres deep and swallowed several homes and a truck, killing three people. Area resident! s were f orced to evacuate for days.

A 2010 sinkhole also in the same area, measuring 18 metres wide and about 30 metres deep, swallowed a three-story building and a nearby house when it suddenly formed.

"When we heard the loud boom we thought a gas canister from a neighbouring home had exploded, or there had been a crash on the street," said Inocenta Hernandez, a 65 year-old widow.

"We rushed out to look and saw nothing. A gentleman told me that the noise came from my house, and we searched until we found it under my bed," said Hernandez.

"Thank God there are only material damages, because my grandchildren were running around the house, into that room and out to the patio," she said.

Police, members of the country's natural disaster office and water utility company officials came to visit the site.

Sinkholes, formed by the natural process of erosion, can be gradual but are often sudden.

Guatemala City, built on volcanic deposits, is especially prone to sinkholes, often blamed on a leaky sewer system or on heavy rain.


Will UMNO be around in 2012? Let's see what other dirty deal Najib is planning.

Prediction has it that when Sultan of Kelantan becomes Agong, UMNO is already history.

Sapa yang tak berperikemanusiaan....

Posted: 22 Jul 2011 09:34 AM PDT

Peserta demonstrasi jalanan anjuran pembangkang telah diajar dengan taktik-taktik tertentu bagi menampakkan tindakan polis terhadap mereka seolah-olah ganas dan tidak berperikemanusiaan.

Perkara itu diakui sendiri oleh bekas Ketua Wanita Parti Keadilan Rakyat (PKR) negeri, Aminah Abdullah yang pernah terbabit dalam beberapa perhimpunan haram dahulu. Jelasnya, mereka yang diarah bertindak sedemikian akan menerima habuan tertentu seperti wang ringgit.

Dulu semasa berdemonstrasi kalau polis pegang sikit anggota badan, kita akan meronta-ronta bagi memaksa polis pegang kita dengan lebih kuat dan kadangkala sehingga baju terkoyak supaya nampak seperti tindakan ganas.

Ada ketika juga kita disuruh duduk di atas jalan, supaya polis terpaksa mengheret kita, katanya kepada Utusan Malaysia di sini hari ini.

Anda saksikanlah video di atas ini dan pikiaq2 mai apakah budak yang ditahan itu berlakon?

Tanya diri sendiri, setelah ditangkap dan digari kenapa pegawai tersebut masih melakukan tumbuk curi atas orang yang ditangkap?

Kalau ini bukan zalim namanya apakah jadahnya?

atau mungkin polis ini berlakon kot.....


Being 'interventionist' to protect faithful is not fanaticism

Posted: 22 Jul 2011 08:16 AM PDT

If one feels that one is mature and strong in faith and therefore a government should not be so interventionist such as to ban certain types of entertainment outlets or concerts because the strong in faith shall not be affected, then such a person may just be acting out of religious pride or conceit.

There is no goodness or kindness in pride and conceit.

One who has undue pride in ones faith may look down upon the weak in faith or perhaps the faithless and notice their broken families and the variety of vices that such people may be trapped in and would one dare to think that one is safe in ones ivory tower of faith?

One day such a one may hire a maid/maids or engage the services of a contractor which involve labor intensive services, or for that matter may even engage the services of an auditing firm and have its staff come over for an extended period of time to look through company activity and papers, does such a one think that his/her pride is not one day going to land him/her in that same condition of the persons of low faith he/she looks down upon?

For the company of the very person/s that such a proud one may have to keep, that very person shall indeed be one of low faith and trapped in some vice or another. And that person shall keep his/her vices secret from the proud one for fear of being looked down upon. But will it just end there. No. There shall also be envy in that very persons heart of the proud ones moral wealth and the envious heart shall indeed scheme to rob.

And the various moral scandals that often appear in the media are the typical results of such pride. Being interventionist in attempting to create an environment conducive to the upholding of moral and religious values is neither fanaticism nor being myopic, but an extension of a hand of compassion to the weak in faith and also to save them from the incorrigible faithless.

The faithless are not sitting around idly. They are actively propagating their immoral lifestyle. They have plans,! agendas , strategies and access to influential people in the government, media etc..

So, be warned, if the faithful dont act the faithless shall win.

Siasatan di Perancis tumpu kaitan Altantuya-Scorpene

Posted: 22 Jul 2011 04:49 AM PDT

EKSKLUSIF Siasatan pihak berkuasa Perancis terhadap kontroversi urusniaga RM7.3 bilion pembelian kapal selam Scorpene, yang didakwa melibatkan sogokan kepada pegawai tinggi Malaysia, mungkin dapat menyingkap misteri yang menyelubungi kematian Altantuya Shaariibuu.

Peguam yang berpejabat di Paris, William Bourdon, yang berada di Pulau Pinang semalam, berkata siasatan itu mungkin mendedahkan maklumat berkaitan dengan penglibatan Altantuya dalam pembelian dua kapal selam Perancis oleh Malaysia.

NONEBourdon (kiri), yang telah ditahan pegawai imigresen di apangan
Terbang Antarabangsa Kuala Lumpur (KLIA) setibanya dari Pulau Pinang kira-kira 10.30 pagi ini berkata, beliau mengikuti kes Altantuya sejak kematiannya pada tahun 2006, dan mendapati perbicaraan pembunuhan Altantuya terlalu dibesarkan.

Dalam temubual ekseklusif dengan Malaysiakini hanya beberapa jam sebelum beliau ditahan oleh pegawai imigresen, yang menaiki pesawatnya di KLIA pagi ini, Bourdon berkata: "Cara perbicaraan itu dijalankan, telah menimbulkan banyak persoalan; masih banyak kekaburan mengenai pembunuhannya (Altantuya)."

Perbicaraan kes tersebut berakhir pada tahun 2008 dengan dua pengawal peribadi Najib, yang ketika itu memegang jawatan timbalan perdana menteri, yang juga menteri pertahanan, disabitkan atas tuduhan membunuh Altantuya.

Kedua-duanya sedang merayu terhadap hukuman mati yang dijatuhkan ke atas mereka. Abdul Razak, yang didakwa bersubahat dengan kedua-duanya, dibebaskan tanpa dipanggil membela diri.

altantuya razak baginda mongolian murder 020707 short hairPemerhati mengatakan, walaupun ia perbicaraan berprofil tinggi,
tetapi dua persoalan penting yang menyelubungi pembunuhan
Altantuya be! lum terj awab: mengapa dia dibunuh dan siapakah yang mengarahkan pembunuhannya?

Najib - sebagai menteri pertahanan bertanggungjawab atas urusniaga pembelian kapal selam Scorpene - telah menafikan sebarang penglibatan dalam kes pembunuhan tersebut.

Mengenai kes Suaram yang difailkan peguam itu di Paris tahun lalu, Bourdon berkata, beliau yakin akan mendapat mengakses kepada dokumen dan fail yang berkaitan, tidak lama lagi.

Pendedahan ini dijangka akan mengheret pegawai berprofil tinggi Malaysia yang dikatakan telah menerima sogokan berjumlah jutaan ringgit daripada urusniaga pembelian kapal selam tersebut.

Bourdon berkata, kes itu masih di tahap siasatan di mana polis masih menyoalsiasat saksi-saksi.

Bagi pihak NGO Suara Rakyat Malaysia (Suaram), Bourdon telah memohon kepada pendakwaraya untuk membolehkan NGO yang berpejabat di Kuala Lumpur itu diterima sebagai plaintif sivil di mahkamah.

Jika diterima, katanya, seorang hakim akan dilantik untuk mengendalikan kes itu.

Najib cancels family holiday 'to be with rakyat' or because William Bourdon is in town...

Posted: 22 Jul 2011 04:19 AM PDT

Prime Minister Najib Abdul Razak, who returned today from working visits to three countries, said he had cancelled a holiday with the family abroad to spend more time with the people in Malaysia. He said he was thankful to his wife Rosmah Mansor and their children for having agreed with him to come back earlier from overseas.

"I told my family I felt that I should return to Malaysia and that I was prepared to forgo the holiday for the sake of Malaysians back home," he said when addressing about 3,000 people who had gathered at the Bunga Raya Complex of the KL International Airport to greet him on his return.

Najib had been away on official visits to Turkmenistan, the United Kingdom and Italy. The prime minister was to spend a week in Italy with his family.

Meanwhile,French lawyer William Bourdon, who was in Penang last night to speak about the controversial Scorpene submarines deal allegedly involving millions of ringgit in kickbacks to Malaysian government officials, was detained at the KL International Airport this morning.

It is understood that he will put on a plane bound for Paris at about 11.30 tonight.

Everything is okay. I am so sorry to leave my friends; we fly tonight for Paris. Keep in touch, take care and have courage, said Bourdon in an email message.
According to Suaram director Cynthia Gabriel, immigration officials boarded the aircraft and detained Bourdon soon after their plane touched down at KLIA in Sepang this morning.

! "He was immediately taken to the immigration holding centre at KLIA," Gabriel told Malaysiakini.

The immigration officers had initially disallowed Bourdon's wife Lia Foriester, also a lawyer, to accompany him to the holding centre. Following some negotiations, she was eventually allowed to do so.

According to Gabriel, the officers wanted to "question" Bourdon. Gabriel said Bourdon told her over the phone after four hours of detention that the deportation process was under way. Bourdon arrived yesterday but did not go through KLIA immigration as he was on transit to Penang.

The 55-year-old French lawyer was due to speak at a fund-raising dinner in Petaling Jaya tonight and at another dinner in Ipoh tomorrow.


Bukankah Najib bersumpah bahawa dia tak kenal wanita bernama Altantuya dan gomennya juga telah menafikan bahawa rasuah kapal selam Scorpane adalah tak benar. Jadi pasal apa dia nak rasa takut?

Lainlah kalau perkara2 yang dibangkitkan peguam Perancis William Bourdon adalah 99.99% benar.

Oleh kerana kapal selam tak dapat selam malam ini maka William Bourdon akan dihantar pulang melalui udara jam 11.30 malam ini....
Deporting Bourdon merely demonstrates that Najib fears what he is about to reveal. Kalau William Bourdon in rakyat Malaysia sure dah kena ISA....


Forensic Expert Require

Posted: 22 Jul 2011 03:46 AM PDT

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