Selasa, 20 September 2011

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Malaysia Today - Your Source of Independent News


Mat Sabu claims trial, bail set at RM15,000

Posted: 20 Sep 2011 12:04 PM PDT

By The Malaysian Insider

BUTTERWORTH, Sept 21 — PAS deputy president Mohamad Sabu has claimed trial to a criminal defamation charge of glorifying communist guerrillas at the Sessions Court here this morning.

The court set bail at RM15,000.

If found guilty of the offence under Section 500 of the Penal Code, the PAS leader face up to two years jail and/or a fine.

Mohamad, who is popularly known as Mat Sabu, was alleged to have defamed policemen and soldiers who defended the Bukit Kepong police station in a 1950 attack by communists.

The maverick politician also faces an alternative charge of defaming family members of the policemen and soldiers.

Mohamad had also surrendered himself to police at 8.30pm last night and was released on police bail half an hour later.

Umno's Utusan Malaysia had first accused the maverick politician of glorifying Ahmad Indera in an August 27 report that quoted Mohamad as saying that the communist leader was a true hero.

Twenty-five policemen were killed in the attack on the Bukit Kepong police station in 1950.

The daily and Malay hardliners in Umno have repeatedly called for Mohamad to be charged over the comment with some even insisting that the PAS leader be stripped of his citizenship.

 

READ MORE HERE.

ISA repeal gives Pakatan the edge

Posted: 20 Sep 2011 10:52 AM PDT

By B Nantha Kumar, FMT

PETALING JAYA: Prime Minister Najib Tun Razak's repeal of the Internal Security (ISA) Act is a victory for the opposition and a slap to Umno lackeys and pro-establishment bloggers who have been championing its continued existence.

For decades, the opposition has been campaigning for the abolishing of the ISA, and no prime minister has ever "succumbed" to the pressure.

But Najib is different, or is he?

Last Friday, in conjunction with Sept 16 Malaysia Day celebrations, Najib announced the repeal the ISA.

A week earlier, Home Minister Hishammuddin Hussein said the government had no intention of doing so.

Najib's announcement on the abolishing of the ISA was followed by his statement that the 1960 Act will be replaced by two other soon-to-be legislated acts.

Although rumblings of Najib's previous inconsistencies, political "gimmick" and "farce" are filtering the grapevine, political pundits have nevetheless welcomed the move.

ISA was enacted in 1960 in a bid to curb communism in Malaysia. The act allowed for indefinite detention without trial.

In the years following the enactment, the act became a tool for Barisan Nasional's hold on the power seat despite agreements between the Malaysian government and the Malaya Communist Party (CPM) in 1989.

The agreement was signed in Hatyai,Thailand. It was a clear indication and acceptance that Malaysia was free from the Communist threat.

No impact on people

But to the BN, the 1960 Act was a "weapon" of choice used to intimidate and instil fear.

The opposition party leaders often accused the BN government of using the ISA for its own political interests, to catch anyone who is not in line with government ideology.

A case in point is the October 1987 Operasi Lallang exercise where some 106 people were detained under the ISA and the publishing licences of two newspapers The Star and Sin Chew Jit Poh and another two weeklies The Sunday Star and Watan were revoked.

In the following years, the ISA was used to detain Hindraf leaders, famous blogger Raja Petra Kamarudddin, parlimentarian Teresa Kok and local Chinese daily journalist Tan Hoon Cheng.

This aside, there have been several other incidents that have made the ISA a matter of public concern to a point that on Aug 1, 2009, tens and thousands of Malaysians took to the street to protest against the controversial act.

But now that Najib has announced the repeal, the question of "impact" is upmost in most minds.

To begin with, the decision to repeal the ISA will have little value in the rural areas. BN can forget about making it a campaign issue in rural areas.

The rural community is not interested in national politics. It's the day-to-day bread and butter issues that matter to them.

New challenges

But the repeal of the act is of interest to the urban community.

Having said this, the reality is that the scrapping of the ISA will have no impact on urbanites because many of them are already opposition supporters.

So the repeal of ISA will give opposition coalition Pakatan Rakyat an upperhand. Pakatan has been consistently calling for the elimination of the ISA.

It could be even said that almost every week, the opposition party leaders talk about the cruelty of the ISA.

Repealing the ISA gives the impression that the opposition is now "more" powerful to the point that it can compel nation's prime minister to abolish the act.

 

READ MORE HERE.

Seri Perdana belongs to Umno?

Posted: 20 Sep 2011 08:55 AM PDT

By The Malaysian Insider

According to a report filed by the state news agency, Prime Minister Datuk Seri Najib Razak today met members of the Association of Former Members of Social Welfare Development and gave them an election pep talk. But what he said shows what hubris can do.

We hope that the Bernama reporter got it wrong; we dearly hope so.

According to a report filed by the state news agency, Prime Minister Datuk Seri Najib Razak today met members of the Association of Former Members of Social Welfare Development and gave them an election pep talk. But what he said shows what hubris can do.

He told them that they have to help Barisan Nasional (BN) defend Putrajaya. (Defend from whom exactly? The millions of illegal immigrants swarming the country or the legitimate Opposition who received the support of close to 50 per cent of Malaysians in West Malaysia?)

He then went on to say that Seri Perdana belongs to the Umno president and Barisan Nasional leader. Fact is, Seri Perdana, like the rest of Malaysia, belongs to Malaysians and we choose who occupies Seri Perdana.

Surely this prime minister, fresh from coming to terms with people power and bending to the will of the people in announcing the abolishment of the ISA, knows this fact well.

But it does appear that after being in power so long, small details seem to escape Umno leaders.

Like the fact that they serve us; that they don't own us or any of the real estate. Putrajaya and Seri Perdana were built with public funds (even if it was Petronas that financed it), not with the subscriptions of Umno members.

This is what the Malaysian electorate must remember: the country belongs to us and we should put the most suitable people in Putrajaya.

Length of previous stay should not be a consideration.

Change....What Change?

Posted: 20 Sep 2011 08:43 AM PDT

By Masterwordsmith

Since March 2008, there has been so much talk about about change but do we really know what change we want to see? Most have just been saying KICK OUT BN. That is not change. It is merely setting the platform for change. To be able to change, the rakyat and politicans need to deliberate over the type of constructive changes that we want to see in our country without lamenting that it is impossible but believing that together, we can do it.

Even though we claim to have a two-coalition system (albeit not formally),  the dominant coalition has shaped the political landscape to their advantage - almost transforming our system into a "single party in power" with the alternative coalition standing in the shadows and sometimes screaming for attention.  When abuse occurs, the rakyat are the biggest losers.

The inefficiency and lack of accountability of various departments leading to outlandish expenditures on nonsensical items, both big and small, must be stopped. It is downright irresponsible spending with no returns to $$$. Some have no qualms about grabbing whatever they can while they can because they can. We must report any abuse of power! There is a lot that needs to be done. Those who have not been performing up to mark must not be allowed to contest in the next GE. Period. We have to put in place worthy leader to make that change happen.

Many of us believe that voting for the Opposition is the only way to bring about change. That is just the starting point. If the Opposition has the interests of all at heart, I hope that their election machinery is oiled and cranked up in readiness for immediate action. Stop the mud-slinging! The Opposition must lead the way help to restore respect to politics from the current gutter politics.
While writing this post, I was chatting with Antares via Skype. He said:

"The negative traits that BN represents happen to be the lowest common denominator of the human ego - arrogance, greed, wanna be top dog, live in palaces, buy sex, luxury yachts, private jets. It is these attributes that make every jumno contractor aspire to live like some brain dead ruler."

The good news is that we don't have to suffer all those negative traits much longer as we have the next GE before us. The opportunity to change the entire government is in our hands. Being highly connected via the net and telephony systems, we have become highly social beings who can be better prepared to change. It is up to us to be part of that wheel of change that is spinning.

 


READ MORE HERE.

Pak Lah admits should have been forceful with reforms

Posted: 20 Sep 2011 08:40 AM PDT

(The Malaysian Insider) - KUALA LUMPUR, Sept 21 — Tun Abdullah Badawi has admitted he was not tough enough his reforms and changes while in office, however, insisting last night that he was "very clear with the reforms" he wanted as prime minister.

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz had said that unlike Abdullah, Datuk Seri Najib Razak was clear about his reform agenda when taking office including reviewing the Internal Security Act (ISA) which is to be repealed now.

"In regards to the statement made by Dato Seri Nazri Aziz regarding my reform plans, I want to state that I was very clear with the reforms I wanted to bring," Abdullah said in a three-paragraph statement last night, adding that there would be those who will support or oppose the changes.

"However if a leader is clear in his mind that what he wants to do is right, he must see it through. Perhaps when I was in office I should have been more forceful about it considering the resistance I was facing.

"This is what I hope Dato' Seri Najib would do if he is clear with what he wants," said Abdullah (picture), who was in office from October 2003 to April 2009.

The former prime minister took office vowing to be more open and liberal while announcing a slew of economic corridors and projects. He took a hands-off approach to the media and promised to stamp out corruption and abuse of power among enforcement agencies while investigating scandals involving the police force and judiciary.

Under his time, the Abdullah administration initiated several new laws to give more bite to fight graft including setting up the powerful Malaysian Anti-Corruption Commission (MACC) to replace the Anti-Corruption Agency (ACA), a Judicial Appointments Commission (JAC) to nominate judges and the Enforcement Agencies Integrity Commission (Siap) to investigate offences by enforcement agencies including the police.

But most of his initiatives floundered and Abdullah squandered his overwhelming 91 per cent support in Parliament won in 2004 to losing the customary two-thirds parliamentary majority and four more states in Election 2008.

Abdullah, who ceded power to Najib on April 3, 2009, advised his successor on Monday to persevere against hardliners who might block plans to repeal a slew of security and media laws announced last Thursday.

But Nazri said Najib did not face much internal resistance to his plans to repeal the ISA because the prime minister made his intentions clear when taking office in 2009, but added the prime minister must still consider the views of conservative and pressure groups within the ruling Barisan Nasional (BN) coalition.


READ MORE HERE.

Towards a brave new Malaysia

Posted: 20 Sep 2011 08:34 AM PDT

By Karim Raslan, The Star

Prime Minister Datuk Seri Najib Tun Razak may have appropriated core Pakatan Rakyat issues with his Sept 15 civil liberties announcements, but more crucial is whether Malaysians are ready to face up to the challenges.

PRIME Minister Datuk Seri Najib Tun Razak surprised Malaysia on Sept 15. In one fell swoop, he appears to have turned the civil liberties agenda into a Barisan Na­­sional initiative.

Announcing plans to abolish and/or amend the Internal Security Act (ISA), the Printing Presses and Publications Act (PPPA) as well as other laws, Najib has cleverly appropriated core Pakatan Rakyat issues.

In doing so, he has also demonstrated that Umno is capable of renewal. Indeed, the party of Merdeka – as I've always argued – is infinitely more diverse than many realise or wish to acknowledge.

After all, it ranges from figures such as Deputy Minister of Higher Education Datuk Saifuddin Abdullah at the moderate end of the spectrum to hardliners such as Deputy Education Minister Dr Puad Zarkashi.

Moreover, in times of crisis, the party has the ability to adapt, discarding outdated thinking quickly and effectively. In this respect, its internal discipline and sense of common purpose allows for sudden shifts in direction by its leaders.

Of course, the same leaders then have to be able to win elections with these new policy initiatives – and win big at that. Losing is not an option.

It's also important to bear in mind that Umno members possess a strong sense of self-preservation. Party members are not lemmings leaping to their doom.

On the face of it, the PM's bold move returns Umno to the moderate centre-ground. Alhamdullilah! This is a major relief. Nonetheless, there's a lot of work left to be done and the PM's credibility will be utterly destroyed if he fails to make good on the Sept 15 announcements.

For a start, Najib will have to work hard and fast to repeal and replace these laws. He must prove that he can walk the talk. He must also head off the sceptics within Umno's right wing.

So, while the move is to be applauded, ordinary Malaysians need to keep lobbying and pushing for change. We cannot let up or Barisan will revert to inertia.

As a writer, however, I'm most concerned with what will happen to the media. A functioning democracy needs a free and independent press and the PPPA has been a long-term stumbling block to both.

First off, I, along with most Malaysians, want more details. I totally disagree with the need for newspaper licences. The very concept is wrong-headed.

Second, access to and ownership of the media are also critical. We need all sides of the political debate (Barisan and Pakatan) to be given fair and equal coverage.

Malaysians can only make in­­formed decisions about who to vote for if they're properly informed.

It's worth bearing in mind that blanket media coverage of BN leaders has been a major turn-off. Whoever thought we needed to watch the PM wishing the country Selamat Hari Raya again and again was wrong. With the media, less is more, especially when you have nothing to say.

The current order also makes BN politicians lazy and high-handed when dealing with journalists and editors. But a freeing up of the media will force BN cadres to change – let's call it political Darwinism.

The Singapore Government is also experimenting with liberalisation. During its recent general election, Singapore's ruling PAP allowed its press some latitude in their coverage of the opposition. While the opposition made substantial gains, the ruling party still won because ordinary Singaporeans saw the candidates for what they were and still felt safer with the PAP.

There's no reason to assume why the same couldn't happen here, all the more so if the Prime Minister maintains his humility and candour.

At this stage, I must add that I would personally like to see Najib go head-to-head with Datuk Seri Anwar Ibrahim in a live, no holds barred debate during the next polls.

Such a debate would give Malaysians the chance to see who has a better vision for the country. Besides, Umno leaders really need to overcome their pathological fear of Anwar's supposed superhuman rhetorical skills.

The man is not invincible. Then Information Minister Datuk Seri Ahmad Shabery Cheek faced him back in 2008 and came out of the encounter very creditably.

Umno politicians also have to realise that constant communication and media coverage is the order of the day. Those who are not up to the exposure and pressure should be dropped – Barisan is better off without them. Certainly, if I had my way I'd dump over 80% of the present Cabinet. Most are ill-equipped for present-day challenges.

Also, reporters are stakeholders to be engaged, not hirelings to be ordered about. Treat them with respect and the returns will be considerable. Remember that the media, however tetchy and irritating, is the voice of the people.

At the same time, Malaysia's mainstream media will now have to up its game. With Najib's reforms, there'll no longer be any excuse to not provide the critical news, investigative reporting and analysis that Malaysians crave.

We are tasked to serve the people and not our erstwhile political masters.

Najib has opened the door to a new world. We know most of his Barisan Nasional colleagues are ill-prepared. The tougher question is this: are we – the Malaysian people – ready for what's to come?

WIKILEAKS: 2006 UMNO GENERAL ASSEMBLY: ABDULLAH OVER MAHATHIR

Posted: 20 Sep 2011 01:00 AM PDT

In what one prominent newspaper editor privately called "the beginning of his own cult of personality," Abdullah orchestrated his entrance into the grand assembly hall as a prophet coming to address his people. As Abdullah entered the hall, the audience began singing a well-known Muslim hymn commemorating the Prophet Mohammed's entrance into Medina. Privately, local journalists and some Middle-eastern diplomats were astonished and somewhat offended that Abdullah would equate himself with the Prophet, though newspapers failed to report his entrance procession.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

1.  (C) Summary:  The United Malays National Organization's (UMNO) General Assembly marked Prime Minister's Abdullah consolidation of power within UMNO and the clear political defeat of his predecessor Mahathir Mohamad after months of public attacks by Mahathir.  Mahathir did not attend the assembly due to timely health reasons, but he remained the elephant in the room that everyone knew was there but no one wanted to mention. 

A week prior to the assembly, Mahathir suffered from a "minor heart attack" and later refused to see a visiting Abdullah.  Prior to the assembly, Prime Minister Abdullah Badawi declared he would not be a one-term prime minister and threatened the party leadership not to take him for granted. 

A local editor claimed Abdullah is trying to build a new cult of personality, as Abdullah evoked comparisons to himself and the Prophet Mohammed.  Mukhriz Mahathir assumed his father's role as Abdullah's chief critic at the assembly, but faced a political backlash for his disloyalty to the party leader.  This is the first in a series of reports covering the 57th UMNO General Assembly which was held in Kuala Lumpur, November 13-17.  End Summary.

Mahathir avoids the dance

2.  (C) Less than a week before the convocation of the UMNO General Assembly, former prime minister Mahathir Mohamed admitted himself to the National Heart Institute with complaints of chest pains.  Deemed to have suffered from a "minor heart attack", Mahathir remained hospitalized until November 14, one day prior to Prime Minister Abdullah Badawi's opening of the 2006 UMNO General Assembly.

Conveniently, Mahathir's health provided an excellent excuse not to attend the assembly and face a possibly hostile reception with little or no opportunity to present his own criticism of Abdullah.  Given Abdullah's control over the party and its rules of order, the Prime Minister was certain to use the the assembly to reaffirm his position of leadership. 

Mahathir's loss as a party delegate in his long-time constituency of Kubang Paso in September (ref A), in the face of strong machine politics, was evidence enough that he no longer controlled the party he once led for 22 years.

3.  (SBU) A survivor of heart bypass surgery in 1989, Mahathir's "faulty ticker" created an unassailable and face-saving excuse not to attend the assembly he fought so hard to crash.  However, his hospitalization did not bring any semblance of death-bed forgiveness or reconciliation.

The day after his admission to the hospital, Abdullah paid a visit to the hospital to greet his predecessor, only to be shooed away by doctors and advised that Mahathir could not see Abdullah as he was sleeping and was not able to have visitors.  Mahathir was not going to attend the assembly, but he was not about to reconcile his differences with Abdullah either.

"I am not a one-term prime minister"

4.  (SBU) In the run-up to the assembly, Abdullah gave an exclusive interview to an UMNO-linked newspaper, Utusan Malaysia, which headlined Abdullah's declaration: "I am not a one-term prime minister." 

Dispelling rumors that he would not seek a second term, or conjecture that Mahathir's attacks had weakened his resolve, Abdullah went on to say, "I will not run away.  I am here to stay.  I have long term plans and I will ensure that these plans are implemented."  Abdullah acknowledged that Mahathir's attacks were "no longer about the bridge or his other projects.  He has begun a total fight against me and the government." 

In a closed door meeting with party leaders the following day, Abdullah advised party officials that it was becoming increasingly difficult to be nice, but warned that he could certainly be otherwise if pushed too far. As one attendee remarked, "Abdullah's main message was 'don't take me for granted.' He showed us he was firmly in control."

Najib sets the tone for the assembly

5.  (U) Opening the early sessions of the General Assembly for UMNO Wanita (Women), Puteri (Young Women) and Pemuda (Youth), Deputy Prime Minister and Deputy President of UMNO, Najib Tun Razak, declared the policy that would preside throughout the entire assembly: "The tradition in UMNO has been the complete loyalty to our leaders.  We must be united behind Dato Seri Abdullah Ahmad Badawi, our party President and Prime Minister." 

Najib praised Malaysia's past leaders, but warned "there is great apprehension when the leaders we cherish begin to squabble.  And the worry increases when the opposition tries to take advantage. . .Quarrels will only lead to disunity."  While never mentioning Mahathir by name, Najib made it clear that past leaders would always be honored and revered, but "disunity" would not be tolerated.  Four days later his closing remarks Najib reiterated the party's undivided support for Abdullah in a traditional Malay poem: ". . .This is Pak Lah's era . . .our country he has changed; our religion he has honored, our race he has defended. . .We give him our support. . .in the name of religion, race and country."

Building a cult of personality

6.  (C) In what one prominent newspaper editor privately called "the beginning of his own cult of personality," Abdullah orchestrated his entrance into the grand assembly hall as a prophet coming to address his people.  As Abdullah entered the hall, the audience began singing a well-known Muslim hymn commemorating the Prophet Mohammed's entrance into Medina. 

Privately, local journalists and some Middle-eastern diplomats were astonished and somewhat offended that Abdullah would equate himself with the Prophet, though newspapers failed to report his entrance procession.

7.  (C) Equally telling were the verses Abdullah had recited from the Holy Quran before delivering his key-note address. The readings were from Surah 49. Al-Hujurat, verses 6 - 13, and carried a clear message that  UMNO attendees should reject Mahathir and embrace Abdullah. 

"O you who believe! If an evil person comes to you with any news, verify it, lest you should harm people in ignorance. . . And if two parties among the believers fall to fighting, then make peace between them both.  But if one of the outrages against the other, then fight you all against the one which outrages till it complies with the command of Allah. . .Let not a group scoff an another group, it may be that the latter are better than the former. . .Nor defame one another, nor insult one another by nicknames.  How bad is it to insult one's brother after having faith.  And whosoever does not repent, then such are indeed the wrong-doers." 

The readings from the Holy Quran lasted nearly 20 minutes, and it was commonly heard uttered among visitors and the media that not even PAS (Malaysia's conservative Islamic opposition party) read that many verses at their annual meeting or dared compare their leader with the Prophet.

Abdullah wishes Mahathir a speedy recovery

8. (SBU)  The subtle use of the Quranic verses aside, press reports all applauded Abdullah for "avoiding any mention" of Mahathir.  Many had expected Abdullah to launch a few veiled salvos at Mahathir, but what they heard were the soft words of their Prime Minister urging the attendees to "pray to the Almighty so that Tun Dr. Mahathir has a speedy recovery.  Let us also pray that Tun Dr. Siti Hasmah (Mahathir's wife) and members of her family be given the strength and patience to see through this difficult period."

The son carries on the fight

9. (C)  Just the day before Abdullah's speech, Mahathir had received a long ovation from the UMNO Youth delegates when it was mentioned he had that day returned home from the hospital.  Moreover, Mahathir's absence did not ensure the assembly avoided the fracas he had long ago begun.  Standing in as his father's proxy, Mukhriz Mahathir was quick to criticize Abdullah's performance. 

Echoing what many others mumbled but no others dared utter, Mukhriz called Abdullah's key-note address disappointing.  "I think it's an address he delivered last year.  I was hoping for something new. Perhaps he has other ideas,"  Mukhriz told reporters.

(Abdullah's keynote speech will be reported septel.)

10.  (C) Mukhriz's comments brought quick rebukes from UMNO Youth President Hishamuddin Tun Hussein and threats that Mukhriz risked being expelled from the UMNO Youth Executive Committee.  However, no one took the threats seriously, and many continue to speculate that the 42 year old Mukhriz will run for one of the 25 positions on the UMNO Executive Committee during the next election cycle, guaranteeing his name will remain in the lime-light, and ensuring his father's issues with Abdullah do not merely fade away.

Comment

11.  (C) The UMNO General Assembly demonstrated Abdullah's consolidation of his party power base and signified defeat for Mahathir's attempt to bring Abdullah's leadership to an early end.  Abdullah made it clear that pretenders would not be welcome if they tried to unseat him before he was ready to step down, and DPM Najib responded dutifully as the head cheerleader.  Mahathir's absence from the assembly was convenient, if not well planned, and prevented any rumors or threats of a division within Malaysia's dominant political party.  Mahathir's criticisms of the current administration will not quickly fade away, and will still attract tremendous interest from the public at large, but it is apparent they will have less traction after Abdullah's successful defense and consolidation of his own authority as leader of Malaysia's dominant political party.

LAFLEUR (November 2006)

 

Mat Sabu arrested over alleged Bukit Kepong remarks

Posted: 20 Sep 2011 12:32 AM PDT

(The Star) - PAS deputy president Mohamad Sabu has been arrested by police in connection with his alleged remarks on the Bukit Kepong incident.

Mohamad, or Mat Sabu, had voluntarily gone to the state police headquarters at 8.30pm before he was detained.

He was released on bail at 9.05pm.

Mat Sabu is expected to be charged for criminal defamation under Section 500 of the Penal Code on Wednesday.

 

Our way of saying ‘thank you’

Posted: 19 Sep 2011 11:55 PM PDT

To coincide with our latest move to liberalise the policy on comments and allow unregistered readers to comment, I thought I would share with you some of our statistics (and hope that this will frighten Umno a bit). Maybe you can look at the following Google Analytical statistics on our Unique Visitors. Unique Visitors means one-time visitors and not total visits, which most certainly would be much higher since many readers come into Malaysia Today many times a day.

NO HOLDS BARRED

Raja Petra Kamarudin

This was the total number of Unique Visitors for the half-year period of 1st January to 30th June 2008. The 12th General Election was held in March of that same year.

This is the figure for that same period this year – 1st January to 30th June 2011. You can see that the number of Unique Visitors has remained the same.

This was the figure for that same period last year -- 1st January to 30th June 2010. Again, there was not that much change.

For the period of 1st January this year till yesterday (19th September 2011), this is the total number of Unique Visitors.

And this was the total number of Unique Visitors for that same period last year – 1st January 2010 till 19th September 2010.

We have not suffered any drop in readership in spite of tightening the control on comments (as what we promised the MCMC when they agreed to unblock or unban Malaysia Today in September 2008).

The readers stayed loyal to Malaysia Today even though they could only read without commenting.

Maybe it is time we repaid this loyalty by loosening control on comments.

I just hope you will not abuse this privilege (yes, privilege, not right) by posting comments that may get Malaysia Today blocked or banned again. Anyway, it is your call.

 

GLCs Under Fire? (A Most Important Posting)

Posted: 19 Sep 2011 09:30 PM PDT

Malaysia-Finance Blogspot

Savvy market watchers would have noticed a quite deliberate sell down in GLCs and related counters. Yes, markets are depressed, yes... foreign funds are doing another selling wave. But isn't it a bit out of the ordinary to see GLCs being sold down persistently?

The ones being hammered: Sime Darby (understandably), but others are getting whacked as well, Petronas Chemical, Axiata, MRCB, UEM Land, CIMB, AirAsia (new link up now can be considered as related GLC counter), ... even Kencana, IJM, SP Setia ...

Coffee shop talk would have you believe that it could be an aggregation of various factors:

1) Unpalatable corporate governance issues

2) Cashing up owing to upcoming elections

3) Downgrades in property and oil and gas sectors

Foreign funds vote with their shares. Recent corporate governance issues have been very unpalatable. Some even say that certain parties are trying to push through certain deals prior to the elections, at all costs. Besides the Sime Darby-E&O deal, the AirAsia-MAS deal was a sour note ... not many mainstream media or analysts dared to mention that CIMB was advising both parties??!! What kind of crap is that? Its like a court case where the prosecutor and defending lawyer are from the same firm. Please show me ONE other case in global corporate M&A transactions whereby one investment bank advises both sides.

You'd think there would be more support from local funds, in fact PNB and EPF have been having to up their stakes in indexed stocks over the last 3 years owing to lessening participation of other investing groups (private and foreign investors alike). Take any of the top 20 indexed stocks and mark out how much Khazanah, EPF and PNB collectively hold.

That IS NOT A GOOD THING!!! A vibrant, liquid and transparent exchange is needed for it to fulfil a proper capital markets' objectives. It has now come to a stage whereby local funds control the index ... the flip side is local funds are buying because NOBODY else wants to buy.

READ MORE HERE

 

Unregistered moderated comments

Posted: 19 Sep 2011 09:15 PM PDT

In my negotiations with the MCMC, it was pointed out that the comments rather than my articles were the main problem. If I could assure the authorities that I will control or moderate the comments then they will consider unbanning Malaysia Today. I gave them my assurance that from that day on all comments would be 'controlled'.

NO HOLDS BARRED

Raja Petra Kamarudin

Some of you may remember that at 6.00pm on 26th August 2008, Malaysia Today was blocked and for about two weeks no one in Malaysia could access the site. Those outside Malaysia could still read Malaysia Today though.

Over those two weeks, I met up with officials from the Malaysian Communications and Multimedia Commission (MCMC) to try to get them to unblock Malaysia Today.

The complaint against Malaysia Today was not regarding any of my articles but about some of the comments that were posted in the site. We do not know who posted these comments. In fact, they could have even been posted by Umno cyber-troopers.

Nevertheless, the comments were considered offensive and, subsequently, Malaysia Today was 'banned'.

Now, who interprets whether the comments are offensive or not? Well, the government of course.

If Ibrahim Ali says that the Chinese are too much, biadap (insolent), and are inviting another May 13, to you and me that may be offensive but to the government that may be quite an acceptable statement.

Then, if I say that the Malays are backward because they are being held back by their religion, to you and me that may be a fact but the government may view that statement as an insult to Islam and will take action against me (which they did, mind you).

So it does not take much to get Malaysia Today banned. One 'planted' comment is all it takes and we all will lose Malaysia Today forever.

In my negotiations with the MCMC, it was pointed out that the comments rather than my articles were the main problem. If I could assure the authorities that I will control or moderate the comments then they will consider unbanning Malaysia Today.

I gave them my assurance that from that day on all comments would be 'controlled'.

Malaysia Today was subsequently unblocked. However, the following day, the police came to my house to detain me under the Internal Security Act. Of my many so-called 'crimes' that warranted my detention, some of them were the comments in Malaysia Today.

What I have never told you before (until now, that is) is that 26 other Malaysians also suffered retaliation. The police went to their house or office and confiscated their computer. They were also summoned to the police station. One person was charged under the Sedition Act.

Today, we are trying to relax things a bit. While you can still register to comment, whereby your comments get published immediately, you can also post comments without registering.

However, they will need to be approved first -- or rejected, as the case may be.

Why are we now relaxing things a bit? Because the next general election will soon be upon us and we may need to allow more discourse and debate.

Nevertheless, we still can't allow a total free-for-all. This would be giving a 'licence' to the Umno cyber-troopers to kill Malaysia Today with planted comments. And 2008 has shown us that this is not only possible but was in fact done before.

The problem with this, though, is that this may cause some delay because the moderators need to first read your comments before they will appear on the site. All our moderators are volunteers who can afford a mere few hours a day with so many other commitments to meet.

You can, of course, avoid this delay if you register. But if you do not wish to register then I hope you will bear with the delay.

 

Apabila kata-kata pemimpin tidak diyakini - masuk telinga kanan keluar telinga kiri

Posted: 19 Sep 2011 08:37 PM PDT

ASPAN ALIAS

Orang tua-tua yang berilmu dan mempunyai 'wisdom' yang tinggi selalu berpesan, jika datang yang cantik dan yang nampak elok jangan terus di terkam kerana mungkin ada celaka di sebaliknya. Jika datang pula yang tidak elok dipandang jangan terus ditolak kerana mungkin ada kebahagian di sebaliknya.

Maksud nasihat ini ialah supaya kita membuat penilaian dan penelitian dengan sebaik mungkin terhadap perkara yang di timbulkan dan jangan mengambil keputusan dengan terlalu cepat untuk menerima atau menolaknya. Ianya mesti dihalusi dan dipertimbangkan dengan sebaik mungkin agar kita tidak mudah tersilap dalam membuat sesuatu perhitungan dan keputusan dengan baik serta bijaksana.

Keputusan 'self congratulatory' DS Najib tentang pemansuhan ISA (Akta keselamatan dalam negeri) baru-baru ini juga mesti kita pertimbangkan dengan sebaik mungkin tentang ketulusan dan keikhlasannya kerana mahu tidak mahu keputusan itu merupakan keputusan politik bagi saya. Kita faham yang keputusan yang dibuat oleh PM Najib ini merupakan salah satu ikhtiar pihak pemerintah untuk mendapat perhatian rakyat dalam kita sedang menghampiri PRU yang paling mencabar bagi BN dalam sejarah kewujudan 'coalition' ini.

Itulah sebabnya kita kelihatan jelas yang tindakan Najib ini mendapat tentangan dari kumpulan 'hard-liner' dalam UMNO dan ini sahaja sudah menunjukan keputusan Najib itu merupakan keputusan yang tidak mendapat sokongan padu di dalam pihak kerajaan dan sebahagian penyokong-penyokong parti yang memerintah.

Perkasa dan ramai di antara individu pemimpin yang bercakap di belakang yang tindakan Najib ini memberikan tamparan kepada mereka yang telah mempertahankan ISA tetapi apabila membuat keputusan mereka menyatakan yang keputusan itu merupakan keputusan Najib seorang dan tidak pun dibawa kepada Mesyuarat Kabinet untuk mendapatkan 'endorsement' dari Jemaah Kabinet Negara.

Pengumuman beliau tentang pemansuhan ini telah di 'stage managed' dengan persediaan secara 'live' dari merata lokasi di seluruh negara untuk mendapatkan komen sokongan dari mereka yang telah diatur terlebih dahulu dan ianya hanya merupakan keputusan politik untuk mendapat 'popularity' semata-mata.

Kita memahami apa yang ada di dalam pemikiran Najib itu. Kita tahu beliau mahu di anggap sebagai hero pembaharuan dan mahukan kredit yang besar untuk menghadapi pilihanraya umum yang beliau ketuai buat kali pertama. Kita mesti juga ingat Najib telah mengambil begitu lama untuk mengadakan pilihanraya untuk mendapatkan sokongan rakyat terhadap kepimpinannya.

Yang kita ingat hanya Datuk Husein Onn sahaja yang mengambil masa 2 setengah tahun untuk mengetuai pilihanraya pada Ogos 1978 dahulu selepas mengambil alih kepimpinan dari biras beliau Tun Razak pada Januari 1976 dahulu kerana kematian PM kita yang kedua itu di sebuah klinik di Jalan Harly London akibat penyakit leukemia.

Perjuangan memansuhkan ISA ini merupakan perjuangan selama 40 tahun pihak pembangkang. Tunduknya Najib terhadap tekanan pembangkang adalah disebabkan rakyat sudah terang-terang mengalihkan sokongan terhadap pembangkang. Justru pada Najib memansuhkan ISA adalah tindakan untuk mendapatkan kredit dari perjuangan pembangkang sejak dulu lagi.

Apa yang amat menarik kali ini ialah akta yang akan dimansuhkan itu mahu dilakukan oleh Najib serta merta kerana mengikut intrepitasi Nazri Aziz akta itu hanya boleh dimansuhkan pada persidangan Parlimen bulan Mach nanti. Ada kah pilihanraya diadakan sebelum akta ini dimansuhkan sepenuhnya atau selepas pilihanraya. 

READ MORE HERE

 

ANNOUNCEMENT: Comments in Malaysia Today

Posted: 19 Sep 2011 07:26 PM PDT

Readers can now post comments without needing to register first. However, the comments will need to be moderated and approved (or rejected) before they appear in the comments section. This is to avoid spamming and cyber-attacks. Please forgive whatever delays we might face because all the moderators are volunteers who have other functions to perform as well.

The US have Area 51, we have Kod Negara 71

Posted: 19 Sep 2011 07:25 PM PDT

This is BN's secret weapon for GE.

JPN has a long list of nation code listed in their website. With such a darn detailed list, why JPN is using kod 71 to grant citizenship with people whose place of origin is unknown?
 
By Lee Wee Tak

The revelations for the past few weeks have been alarming. After Mismah gate, there is "aqua ICs" discovery by YB Anthony Loke and now even official Bangladeshi website is revealing the assault of citizen's right and democracy in Malaysia.

Mismah's PR card, with kod negara "71"

                                                  Mismah's IC with Kod Negara 71

"Aqua IC" where army husband's IC (ending with odd number) is recycled to register the wife as a postal voter hence the wife can vote as ordinary and postal voter.


One aspect of the intrigue is the nation code "71".  According to this excellent write up, tens of thousands of voters in Penang are carrying IC bearing the nation code "71", indicating that they are born in overseas and the JPN are not able to trace their country of origin. If this happens in Penang, I am quite sure other states would be plague with this as well…Selangor perhaps?
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
GEORGETOWN - Seramai 13,114 pengundi yang didaftarkan di Pulau Pinang didapati pemegang mykad yang mempunyai kod bernombor 71 yang mana Jabatan Pendaftaran Negara sendiri tidak dapat mengesan negara asal mereka.
Setiausaha Dewan Pemuda Pas negeri, Afnan Hamimi Taib Azamudden berkata, berdasarkan sistem dalaman yang diproses dari daftar pemilih yang diberikan Suruhanjaya Pilihanraya (SPR) milik parti itu mendapati, ada jumlah pengundi yang 'tidak kena' dalam senarai berkenaan.
"Kod 71 tiada dalam senarai JPN dan berdasarkan kod yang diberikan JPN, nombor 71 tiada di dalam senarai jabatan itu. Terkini iaitu dari April hingga Jun 2011, seramai 166 pengundi di daftarkan memegang kad pengenalan bernombor kod 71 menjadikan jumlah keseluruhan ialah 13,114 orang.
"Jumlah ini tidak boleh dikesan oleh JPN serta SPR dari mana mereka datang, negara asal mereka. Apa yang kita bimbang, kemungkinan besar ini usaha-usaha pihak tertentu untuk jatuhkan Kerajaan Negeri Pakatan Rakyat (PR) Pulau Pinang serta memanipulasi pilihan raya dengan memasukkan warga asing ke dalam senarai pengundi," katanya.
Menurutnya, apa yang membimbangkan Pas, seperti yang didedahkan JPN sebelum ini, seramai 72,334 warga asing yang memohon untuk menjadi warganegara Malaysia yang mana daripada jumlah itu, Menteri Dalam Negeri, Datuk Seri Hishammuddin Hussein telah meluluskan 29,290 permohonan.
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Incidentally, Mismah's IC is the ubiquitous but until now, unexposed "71".
JPN has a long list of nation code listed in their website. I have did a count last week and list is a long and detailed one, allocating numbers to many nations which Malaysians would struggle to locate on an atlas, for example: Antigua & Barbuda (93), New Caledonia (83), Grenada (90) and Trinidad and Tobago (90).
With such a darn detailed list, why JPN is using kod 71 to grant citizenship with people whose place of origin is unknown? Is it purely laziness on the part of JPN officers, or is Kod Negara 71 is a "very special" category by itself?

 

Amending the Constitution

Posted: 19 Sep 2011 07:20 PM PDT

By Hakim Joe

Amending the Constitution is an extremely complicated undertaking as it is within the Constitution that is written the fundamental principles in which laws are enacted to govern a country. Amend a single paragraph of the Constitution and any legislation that is either directly or indirectly influenced by it will subsequently necessitate amendment(s) as well.

When a country achieves independence in a democratic environment, the primary document that is prepared is the Constitution, not the laws, and from this Constitution rests the very foundation in which how legislations are enacted and how the country shall be ultimately governed.

It is the definitive framework in which the winning political party utilizes to establish the government. It is the structural fabric in the determination of how the citizenry will be administered and it institutes the relationship between the Federal, State and Local Governments. The Constitution additionally separates the power of the
Executive Branch from the Judiciary and is the supreme law of the nation.

As with our Constitution that is both a codified and an entrenched document, amending it will mean adherence to the procedures that are both complicated and onerous. It is also subjected to four categorization, as provided by Article 159 and Article 161[e], in which the Constitution can be amended by Federal Law.

One, certain provisions may be amended only by a two-thirds (Article 159[3]) absolute majority in each House of Parliament (Dewan Rakyat & Senate) but only if the Conference of Rulers consents.

Two, certain provisions of special interest to East Malaysia, may be amended by a two- thirds absolute majority in each House of Parliament but only if the Governor of the East Malaysian state concurs.

Three, all other provisions may be amended by a two-thirds absolute majority in each House of Parliament (subject to the exception described in item four below), these amendments do not require the consent of anybody outside Parliament.

Four, certain types of consequential amendments and amendments to schedules may be made by a simple majority (more than half) in Parliament.

To amend an article within the Constitution, the determination of whether it is a technical amendment or fundamental amendment is of utmost importance. A technical amendment is made to further enforce and/or empower a law that has already been enacted whereas a fundamental amendment either changes the interpretation of a law or to repeal it completely.

Repealing the Internal Security Act cannot be categorized as a fundamental amendment to the Constitution as Article 149 and Article 150 remains intact. However, an amendment to the two Articles above whereby preventive detention is disallowed would entail the automatic repealing of the ISA as the existence of this ordinance will contradict the Constitution, which is the supreme law.

Also automatically repealed legislations include the Emergency (Public Order and Prevention Crime) Ordinance 1969, the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Restricted Residence Act 1933, all four laws that legally permit Detention Without Trial or what we call Preventive Detention (Exclusion of Judicial Review).

Basically, to amend the Constitution whereby preventive detention becomes illegal, four laws are affected. Either the lawmakers vote to repeal these legislations altogether or amend it accordingly to remove the allowance of detention without trial.

Similarly, to amend the Constitution whereby no special preferences or privileges are accorded any single race (Article 153) will entail the scrapping of any Affirmative Action plans and budgets allocated for it. MARA will have to open its gates to all Malaysians; public listed companies are not required to allocate 30 percent of their shares specifically to any one race; the Malay quota system will have to be abolished and anybody can rise to become a MB or PM.

In conclusion, amendments to the Constitution are not simple affairs as compared to any amendments made to existing laws. When RPK decided to promote the Bill of Rights, shouldn't we at least look at the restrictions enshrined within the Malaysian Constitution that are preventing such a legislation to be implemented in this country?

Namewee from a Chinese perspective

Posted: 19 Sep 2011 07:15 PM PDT

http://helenang.files.wordpress.com/2011/09/copnaga.jpg?w=240&h=233

It strikes me that Namewee expresses himself in a Chinese way you will not encounter from the likes of DAP 2.0's newly minted currency – called the Hasnah Yeop political coin.

By Helen Ang

Namewee is in the news again for his just released movie Nasi Lemak 2.0 and his reported attempt at getting a meeting with the prime minister. A controversy magnet, Namewee has also at the same time attracted the anticipated brickbats and belligerent threats from the usual suspects.

没 有 天 那 有 地

没 有 地 那 有 家

没 有 家 那 有 你

没 有 你 那 有 我

Lyrics from the classic hit 酒干倘卖无 in which a girl sings about her adopted father: "Without heaven how can there be earth, without the land how can there be home, without home how can there be you, without you how can there be me …"

Namewee's rap in Negarakuku recalls to me some echoing words in almost the same cadences:

我 愛 我 的 國 家

有 國 才 有 家

有 家 才 有 我

站 在 這 邊 跟 你

大 聲 唱 歌

(Translation: I love my country, [only] when there is country there is home, [only] when there is home there is me, now [standing] here singing song loudly to you…)

DAP Christian politician Hannah Yeoh in tudung

It strikes me that Namewee expresses himself in a Chinese way you will not encounter from the likes of DAP 2.0's newly minted currency – called the Hasnah Yeop political coin.

It may surprise you that in his controversial Negarakuku released in 2007, Namewee begins the rap by professing his love for Malaysia to which he later adds the wry 這 個 國 家 我 佷 喜 歡 "this country I like very much".

Namewee's ambivalence is genuine of the generally conflicted Chinese here rather than the one-dimensionality of the Firsters and their "I'm-more-Malaysian-than anyone else" chest thumping .

Embedded in the Chinese language and thus its ethos (remember, 'bahasa jiwa bangsa') is the concept of jia 家 (home), around which form the words 'family' and 'country'.

Hannah Yeoh with her God-walks-with-me tweets fawned over by 30,000 faithful followers is on a totally different plane from the Mandarin-and-Hokkien speaking Namewee who pursued his tertiary education in Taiwan.

In fact, the Chinese school student unable to get a seat in local universities is one of Namewee's grouses aired in Negarakuku.

Caring for the Chinese? Nah

Do note that the DAP does not take up the above type 'Chinese' issues.

Therefore it boggles the mind how the party's detractors (read: Utusan/Umno bloggers) still keep claiming that DAP favours the Chinese. In truth, its leaders favour whatever is advantageous for themselves first and foremost. Whatever it takes for them to retain and expand their clout (power has gotten to their heads) so that they can continue to enjoy the perks of office.

After all, in Penang which DAP controls, Lim Guan Eng takes so much pride in awarding bumiputera contractors 98 percent to 100 percent of the state tenders (quoting the chief minister's own boast).

Thus, rhetorically speaking, DAP should have no issues either if 98%-100% of local varsity places were to go to bumiputera.

So how can we expect this Anak Malaysia-sloganeering party to membela nasib kami orang Cina when DAP is so plainly contemptuous of our Chinese ethnicity and at the same time so deceitfully eager to elevate the Malay race and religion in order to please a pivotal vote bank?

The struggle of Umno, according to its founding principles, is to resuscitate the Malay ('Hidup Melayu!). The struggle of PAS is for Islam whereas MCA and MIC have 'Chinese' and 'Indian' in their party names respectively. What values do the DAP stand for?

Read more at: http://helenang.wordpress.com/2011/09/20/namewee-from-a-chinese-perspective/

 

Mat Sabu to face criminal charge over communist remarks

Posted: 19 Sep 2011 05:51 PM PDT

(The Malaysian Insider) - Mohamad Sabu will be charged in court tomorrow over remarks allegedly glorifying communist guerillas who attacked the Bukit Kepong police station in 1950.

The PAS deputy president will be charged with public mischief under section 505 of the Penal Code in the Butterworth Sessions Court.

Contacted by The Malaysian Insider, Mohamad's lawyer Hanipa Maidin confirmed that police have informed his client of the charge.

"Yes, we have been informed of it. Mat Sabu and I will be there," he said.

Umno's Utusan Malaysia had first accused the maverick politician of glorifying Ahmad Indera in an August 27 report that quoted Mohamad as saying that the communist leader was a true hero.

Twenty-five policemen were killed in the attack on the Bukit Kepong police station in 1950.

The daily and Malay hardliners in Umno have repeatedly called for Mohamad to be charged over the comment with some even insisting that the PAS leader be stripped of his citizenship. 

Mohamad's remarks have sparked debate over who were Malaysia's independence fighters.

But Mohamad denies glorifying communists, saying he never mentioned "communism" in his speech.

His Pakatan Rakyat (PR) colleagues have admitted that Mohamad's remarks had given their rivals in Barisan Nasional (BN) an opening to attack them.

BN had been on the defensive for months following surging inflation and international condemnation of the government's crackdown on the July 9 Bersih rally.

Prime Minister Datuk Seri Najib Razak announced a raft of reforms last week to give Malaysians more freedom but Mohamad's prosecution may spark fears of a crackdown against dissent.

READ MORE HERE

 

Hisham Rais Agrees with Ambiga, Credits M’sian Civil Society Over Abolishment of ISA

Posted: 19 Sep 2011 05:39 PM PDT

(Malaysian Digest) - Activist Hishamuddin Rais today echoed the statement made by former Bar Council President Datuk Ambiga Sreenevasan saying that the civil society of Malaysia should be credited over the decision to abolish the Internal Security Act (ISA).

According to him, after years of pressure from the civil society such as Suara Anak Malaysia (SUARAM), Gerakan Mansuhkan ISA (GMI) and BERSIH, the Act was finally abolished by the government under the Najib administration.
 
Hishamuddin also said that Najib should be ashamed of himself when the latter said that the decision was made by the Barisan Nasional solely and not based on other movement's pressure.

"If he has some self respect, then Najib should thank the civil society for enlightening him to abolish the 1960 draconian law of ISA," said Hishamuddin when met by Malaysian Digest.

Seeing the decision to abolish the ISA as an attempt to liberalize the country, Hishamuddin however said that nothing is concrete at the moment as the prime minister only made an announcement and nothing has yet been tabled in the parliament.

"Let's not get overexcited about this, the country has seen the prime minister making flip-flop decisions over various government policies in the past.

"For example on the gambling license which in the end doesn't go much further after all," said Hishamuddin.

The activist admits that the announcement made by the prime minister is a quantum leap after Merdeka Review reported their poll results stating that Najib's popularity have been declining.

"This can just be Najib's public relation practice that will make him popular in the rakyat's eyes. But that doesn't mean anything, as in Malaysia, the election doesn't go in the way like the presidential election in the United States.

"Therefore, for me, if this is a public relation practice by Najib, it won't affect anything at all," he added.

Hishamuddin also said that the call from PAS Deputy President, Mohamad Sabu for the government to pay compensation to those who used to be detained under the ISA as 'a very nice proposal', but stating an apology should have been more than enough.

"An apology should be enough for me. It's in our tradition and norms that one must apologize after making a mistake," he said.

"And if the government decides to make an apology for detaining me for two years in Kem Tahanan Kamunting (Kamunting detention camp), I would have welcomed it," he added.

 

Hisham Rais: Mat Sabu's Statement on Mat Indera Came in Perfect Timing

Posted: 19 Sep 2011 05:38 PM PDT

(Malaysian Digest) - PAS Deputy President Mohamad Sabu or better known as Mat Sabu's statement over on Mat Indera and Malayan independence struggles have come in a timely month, according to activist Hishamuddin Rais.

According to him, the issue that was first brought by Mat Sabu comes in perfect timing that benefits the younger generation.
 
"The young generation, thanks to Mat Sabu and his Mat Indera debate, are now becoming more aware of this country's history.
 
"They are now talking about the history of Malaysia and strongly debating our historical facts and as a result will enlighten this country," said Hishamuddin when met by Malaysian Digest.

According to Hishamuddin, the younger generations have now acknowledged that the Malayan independence struggles also consists of arm-movement in the likes of Angkatan Pemuda Insaf (API), Hizbul Muslimin and Parti Komunis Malaya (PKM) and not only championed by United Malay Organisations (UMNO) as deemed nowadays.
 
Therefore, he is supporting the call for history subject in schools to be revised but remains skeptical that the revision can be done under the current ruling class.
 
"Umno/BN will always wants them to be seen as the sole independence struggler in our schools history subject," said Hishamuddin.
 
"Until a new government is formed, I don't think at any stage that the history subject in school will be revised," he added.

 

Time to quit, Zaid told

Posted: 19 Sep 2011 04:40 PM PDT

Growing internal dissent against Kita chief culminates in a call for his resignation.

(Free Malaysia Today) - The rising internal dissent against Kita chief, Zaid Ibrahim, has peaked with a top leadership member calling for his resignation today.

Central executive committee member, Zahrein Zahari, said that Zaid's recent actions were in clear violation of the party principle and warranted his stepping down as party chief.

Over the past week Zaid's reputation has slowly been torn apart as unhappy members have publicly flayed him for his alleged high-handedness, contempt for protocol and rash decisions.

The sudden strife within a party that is three months shy of its first anniversary has taken many by surprise but Zahrein clarified in a press statement that talk of "internal bickering" were untrue.

"There is no bickering in Kita," he said. "There are only those who decided to go against the principle which the party builds upon, and this includes Zaid."

Zahrein explained that party members, especially the youth had joined Kita for its "fearless stand" against authoritarianism, promotion of grassroots democracy and an internal structure where decisions are made from the bottom-up.

He pointed out that a democratic party should give room for dissent to be heard and debated as no leader is infallible be it Prime Minister Najib Tun Razak, opposition leader Anwar Ibrahim or Zaid himself.

"We in Kita believe in building criticism, and we strongly advocate freedom of speech," Zahrein said. "I'm very sure Zaid has no problem swallowing this medicine with a pinch of salt."

"Zaid may have started Kita but we gave spirit to it. He doesn't own Kita and Kita is not Zaid. Kita was built upon the same spirit in which Zaid walked out from PKR – a smack on their face and a fine reminder for us."

Old must make way for the new

Zahrein then took a dig at Zaid by stating that when the old get "nyanyuk or nyanyu" (senile), it is only right for the young to take the lead.

He went on to urge young Malaysians to show the "old hard-headed" politicians how things should be done the right way and that this process should begin with Zaid.

READ MORE HERE

 

KERAJAAN SAHKAN GANI PATAIL PALSU KETERANGAN

Posted: 19 Sep 2011 04:27 PM PDT

Dakwaan Musa Hassan telah memberi keterangan palsu dalam perbicaraan kes korupsi terhadap Anwar pada tahun 1998 hanya terkesan pada pertengahan tahun 2009. Ini berlaku apabila keterangan beliau berikan dalam perbicaraan kes Pendakwa Raya vs Ramli Yusuff di-Mahkamah Sesyen Kota Kinabalu dikatakan bertentangan dengan keterangan yang beliau berikan dalam kes korupsi Anwar tahun 1998. -- Mat Zain Ibrahim

Kepada;

YDH Tan Sri Ismail bin Haji Omar,IG,

Ketua Polis Negara,

Polis Di-Raja Malaysia.

iho@rmp.gov.my

 

Assalamualaikum wbt.

KERAJAAN SAHKAN GANI PATAIL PALSU KETERANGAN

1. Surat ini merupakan lanjutan dan sebahagian daripada surat terbuka saya bertarikh 12.09.2011 bertajuk, "Kenyataan Tertuduh-Benarkah Anwar Dianiaya."

2. Musa Hassan telah mengeluarkan kenyataan balas menerusi akhbar Berita Harian pada 14.09.2011. Beliau telah menafikan semua dakwaan terhadap diri beliau dan Gani Patail. Beliau bukan setakat menyatakan dakwaan tersebut semuanya dusta, malah turut mengalihkan isu ini sebagai satu konspirasi jahat yang dipelopori olih Anwar.

2.1. Saya menyatakan bahawa sepertimana juga orang lain, Musa Hassan adalah berhak keatas pendapat sendiri dan juga kepada perbicaraan yang adil. 

3. Walaupun begitu, beliau tidak sepatutnya tanpa usul periksa memperkecil kredibiliti blog-blog. Beliau sepatutnya sedar bahawa fakta-fakta yang tersiar berkaitan isu ini, adalah petikan keterangan saksi-saksi dalam laporan RCI Mata-lebam, nota prosiding Mahkamah, keterangan dalam kertas siasatan kes berkenaan dan termasuk keterangan beliau berikan sendiri serta Pernyataan Tuntutan yang beliau telah failkan dalam Mahkamah. Saya mengambil tanggung jawab sepenuhnya keatas kebenaran pendedahan yang saya buat. 

Mengapa isu ditimbulkan sekarang.

4. Soalan mengapa isu ini ditimbulkan sekarang sedangkan kes ini berlaku 12 tahun yang lalu,sepatutnya Musa Hassan tujukan kepada Tun Mahathir. Mengapa selepas 13 tahun baru Tun merakamkan memoirs beliau dalam A Doctor In The House.

4.1. Antara lainnya Tun Mahathir mendedahkan pula Musa Hassan yang memberikan taklimat yang meyakinkan beliau mengenai penglibatan Anwar dalam aktiviti homoseksual. Padahal beberapa tahun sebelum itu, Y.A.Bhg.Tun Mohammed Hanif Omar pernah mentaklimatkan beliau mengenai perkara serupa, tetapi beliau tidak mengambil berat maklumat tersebut.

4.2. Tentu ada sesuatu maklumat yang sangat istimewa yang Musa Hassan bentangkan hingga meyakinkan Tun.Diharap beliau tidak menuduh pula pendedahan dalam memoirs Tun ini juga adalah sebahagian daripada konspirasi yang dirancang olih Anwar.

Isu dalam persoalan.

5. Saya wajar menekankan kepada beliau bahawa isu yang dibincangkan sekarang tidak ada kena mengena dengan isu politik. Malahan tidak ada langsung orang politik yang terlibat dalam dakwaan ini. Pendedahan yang dibuat adalah semata-mata berkaitan penjenayahan, keadilan awam (public justice) dan system keadilan jenayah itu sendiri.

5.1. Dakwaan terhadap Gani Patail dan beliau adalah kerana memberi atau mereka keterangan palsu terhadap Anwar. Serta persoalan sama ada Hakim Mahkamah telah mensabitkan kesalahan berdasarkan keterangan palsu yang diberi atau direka olih mana-mana saksi ketika perbicaraan,atau sebaliknya.

5.2. Kita tidak bolih membiarkan sebarang penganiayaan dilakukan terhadap mana-mana orang atau diatas apa sebab sekalipun.Bukan sahaja ia salah disisi undang-undang Negara, malah suatu dosa besar mengikut hukum Agama.

Contoh kes lampau.

6. Kejadian dimana Mahkamah menjatuhkan hukuman gantung sampai mati  terhadap seorang tertuduh berdasarkan satu sahaja keterangan palsu yang diberikan olih seorang saksi, pernah berlaku dalam sejarah kehakiman Negara ini.

6.1. Dalam kes bunuh Jean Perera Sinnappa dalam bulan April 1979, tertuduh S.Kartigesu, ketika itu seorang Pensyarah disebuah Maktab Perguruan di-Ceras KL, telah didapati bersalah membunuh bekas ratu cantik tersebut dan dijatuhkan hukuman gantung sampai mati.

6.2. Setelah lebih dua tahun S.Kartigesu merengkok dalam penjara menunggu masa untuk digantung,beliau telah dibebaskan olih Mahkamah Rayuan apabila seorang saksi, Jayatilake didapati memberi keterangan palsu dalam perbicaraan kes bunuh itu.

6.3. Sebaliknya Jayatilake pula dipenjarakan 10 tahun kerana memberi keterangan palsu, tetapi beliau telah meninggal dunia dalam penjara 2 tahun kemudian, ketika sedang menjalani hukuman.

6.4. Saya sarankan Musa Hassan membaca journal kes bunuh tersebut. Atau lebih pantas jika beliau mendapatkan butir sepenuhnya daripada Pegawai Penyiasat kes  ini yang beliau kenal sangat.

7. Jika peristiwa seperti diatas bolih berlaku sebelum ini,maka kita harus menerima hakikat perkara serupa bolih berulang. Malah mungkin telah berlaku tetapi telah disembunyikan atau tidak dikesan olih sesiapa. 

Keterangan palsu terkesan.

8. Dakwaan Musa Hassan telah memberi keterangan palsu dalam perbicaraan kes korupsi terhadap Anwar pada tahun 1998 hanya terkesan pada pertengahan tahun 2009. Ini berlaku apabila keterangan beliau berikan dalam perbicaraan kes Pendakwa Raya vs Ramli Yusuff di-Mahkamah Sesyen Kota Kinabalu dikatakan bertentangan dengan keterangan yang beliau berikan dalam kes korupsi Anwar tahun 1998. 

8.1. Undang-Undang telah menetapkan bahawa perbezaan diantara "Ya" dengan "Tidak" atau antara "Tahu" dengan "Tidak Tahu" atau antara "Ada" dengan "Tidak Ada" adalah cukup untuk mensabitkan sesaorang itu dengan kesalahan memberi keterangan palsu. Kredibiliti Musa Hassan lebih dicurigai apabila Hakim Mahkamah Sesyen Kota Kinabalu mendapati beliau sebagai seorang saksi yang diragui dan kesaksiannya ditolak.

8.2. Terbit daripada perbezaan dalam keterangan Musa Hassan yang dikesan itu, seorang Wakil Rakyat,Sivarasa Rasiah telah membuat laporan polis dalam bulan Mac 2010 terhadap beliau kerana kesalahan memberi keterangan palsu (perjury) dalam tahun 1998.

8.3. Memoir Tun Mahathir yang dikeluarkan mulai Mac 2011 pula secara kebetulan, menimbulkan beberapa persoalan berkaitan peranan dan kejujuran Musa Hassan dalam siasatan kes  terhadap Anwar apabila rekod-rekod lama dinilai semula.

9. Jika seorang Hakim Mahkamah Sesyen bolih merakamkan dalam nota prosiding bahawa keterangan Musa Hassan tidak bolih dipercayai,sedangkan beliau ketika itu masih Ketua Polis Negara, maka tidak salah untuk mempersoalkan sama ada beliau telah berbohong atau tidak, ketika memberi taklimat kepada Tun Mahathir berkaitan Anwar.

Siasatan SPRM.

10. Umum telah maklum bahawa dakwaan Anwar pada 1.7.2008 terhadap Gani Patail,Musa Hassan,Dr.Abdul Rahman Yusof dan termasuk saya sendiri (atas sifat Pegawai Penyiasat kes mata-lebam)kerana memalsukan keterangan telah disiasat olih pihak SPRM.Kemudiannya Peguam Cara Negara telah melantik 3 orang Ahli Panel Bebas terdiri daripada mantan-mantan Hakim Mahkamah Persekutuan dan Rayuan,sebagai DPP bagi meneliti kertas siasatan SPRM tersebut.

10.1. Pada 11.3.2009,iaitu lapan bulan kemudian, Menteri di-Jabatan Perdana Menteri telah mengumumkan di-Parlimen bahawa hanya dua orang sahaja iaitu, Gani Patail dan Musa Hassan dibersihkan daripada sebarang salahlaku. Walaupun demikian, seorang daripada Ahli Panel Bebas tersebut telah memutuskan terdapat keterangan salahlaku jenayah terhadap Gani Patail.

10.2. Tun Mahathir mempertahankan hujah beliau,bahawa walaupun Mahkamah Persekutuan telah membebaskan Anwar daripada pertuduhan meliwat atas sebab teknikal,Tun tetap mengatakan bahawa Anwar terlibat dalam aktiviti homoseksual kerana terdapat diantara Panel Hakim Mahkamah Persekutuan tersebut yang mengesahkan terdapat keterangan aktiviti homoseksual antara Anwar dan Sukma benar berlaku.Kerajaan akur dan menghurmati pendirian Tun sedemikian itu.

10.3. Dalam premis yang sama,walaupun Gani Patail dan Musa Hassan telah dibersihkan daripada sebarang salahlaku jenayah, namun fakta ada diantara Ahli Panel Bebas yang menyatakan, terdapat keterangan salahlaku jenayah olih Gani Patail dalam dakwaan ini, adalah tidak tergugat. Ringkasnya, keterangan Gani Patail telah memalsukan keterangan seperti yang didakwa adalah intact. 

10.4. Tambahan kepada itu pula,produk pemalsuan itu sendiri dalam bentuk 3 laporan pakar yang dipalsukan berjumlah 65 muka surat itu sememangnya ujud.Malah bolih diperiksa olih rakyat jelata jika masih ragu dengan dakwaan ini.Saya ulangi kenyataan saya bahawa keterangan ini adalah lebih konklusif dari keterangan DNA.

Pengesahan Panel Bebas dan Keputusan..

11. Saya kemudiannya mencabar kesahihan perlantikan Ahli Panel Bebas olih Peguam Cara Negara dibawah peruntukkan CPC.Saya menegaskan perlantikkan itu sebagai tidak sah dari sudut undang-undang dan bahawa keputusan yang dibuat olih Panel Bebas tesebut adalah sia-sia,lantas menuntut keputusan tersebut diistiharkan null and void.

11.1. Bagaimanapun Kerajaan sendiri yang secara bersungguh-sungguh menentang cabaran itu, sehingga keperingkat Menteri di-Jabatan Perdana Menteri membuat "Ministerial Statement" yang panjang lebar di-Parlimen dalam bulan Disember 2010 bagi menerangkan pendirian Kerajaan terhadap perlantikkan Panel Bebas tersebut ketika menjawab soalan berkaitan isu ini.

11.2. Kerajaan telah mengesahkan bahawa perlantikan 3 Ahli Panel Bebas yang dilantik olih Peguam Cara Negara itu adalah sah disisi undang-undang dan demikian itu keputusan yang dibuat olih Panel tersebut juga adalah sah dan diperakukan.

12. Saya mengambil pengesahan tersebut, sebagai  Kerajaan turut memperakukan dan mengesahkan keputusan salah seorang Ahli Panel tersebut yang telah mendapati Gani Patail terlibat dalam salah laku jenayah.Dengan demikian itu dakwaan bahawa telah berlaku pemalsuan keterangan dalam siasatan kes melibatkan Anwar adalah betul.

13. Soal sama ada tindakan undang-undang telah diambil atau akan diambil kemudian atau tidak akan diambil langsung, terhadap Gani Patail adalah perkara kedua.Motif beliau melakukan pemalsuan itu juga tidak penting.

13.1. Perkara utama dalam persoalan ini, ialah sama ada beliau telah memalsukan keterangan dalam siasatan melibatkan Anwar atau tidak.Jelas dalam hal ini,Kerajaan sendiri yang telah mengesahkan pemalsuan keterangan itu benar berlaku.

13.2. Dalam kata ringkas,secara sengaja atau teknikal, Kerajaan sendiri yang mengesahkan Gani Patail sebagai seorang penjenayah.

"Covering up".

14. Seterusnya,meminjam kata-kata budiman Tun Mahathir, "Even I would be compromised,for if it was discovered that I knew and yet failed to take necessary action then I would be accused of covering up". (m.s.686 Memoirs).Kata-kata ini adalah selaras dengan peruntukkan dalam Kanun Keseksaan.Melindungi suatu kesalahan jenayah secara sendirinya, adalah satu salahlaku jenayah yang bolih dikenakan hukuman mengikut peruntukkan dalam Kanun Keseksaan.

15. Kini telahpun jelas,bahawa Jemaah Menteri,Jabatan Peguam Negara,SPRM dan Polis sedar bahawa Gani Patail telah disahkan melakukan salahlaku jenayah yang sangat serious.

15.1. Persoalan sekarang ialah bagaimana pula dengan tanggung-jawab masing-masing dalam mempastikan penguatkuasaan slogan "Rule of Law" secara "Without fear or favour" dan "no one above the law" yang saban hari masing-masing laungkan untuk didengar rakyat.

15.2. Siapa pula yang akan dipegang untuk mengambil tanggung-jawab "covering up" salahlaku jenayah ini yang telah disorokkan sekian lama.

Pengetahuan Perdana Menteri.

16. Saya menegaskan PM Najib sendiri dipercayai sedar perkara ini sejak Oktober 2008 lagi.Saya yang mentaklimatkan beliau di-Kementrian Kewangan ketika beliau masih Timbalan Perdana Menteri.

16.1. Taklimat ini saya susuli dengan laporan bertulis bertarikh 19.2.2009 yang disertakan dengan bukti-bukti lengkap menjelaskan dakwaan ini.Saya menjangka beliau akan mengambil tindakan sewajarnya, apabila beliau mengambil alih jawatan Perdana Menteri.

16.2. Alasan kekurangan bukti sepatutnya tidak timbul lagi.Alasan 'standard',akan siasat lanjut juga, tidak relevan kerana Panel Bebas telah membuat keputusan dan Kerajaan telah mengesahkannya.

17. Saya menyatakan diperingkat ini, Penubuhan satu Tribunal atau Suruhanjaya Di-Raja Penyiasatan bukan lagi satu opsyen.Ini memandangkan kes prima facie terhadap Gani Patail dan mereka-mereka yang bersubahat dengannya,kerana kesalahan memalsukan beberapa keterangan dalam sesuatu penyiasatan telah dibentuk.

Perkara am dan penutup.

18. Tun Mahathir menyatakan beliau tidak akan merelakan sesaorang yang tidak bermoral menjadi pengganti beliau sebagai Perdana Menteri.Saya percaya rakyat Negara ini pula tidak akan merelakan seorang Peguam Negara yang telah disahkan sebagai seorang penjenayah olih Kerajaan, terus menjadi pelindung hak kebebasan Rakyat dan Keadilan Awam.

19. Hanya beberapa hari yang lepas, Perdana Menteri telah mengumumkan pemansuhan ISA dan EO dengan menjanjikan akan menggubal undang-undang yang lebih sesuai demi memelihara kepentingan dan kebebasan rakyat, sambil menjamin keselamatan Negara. Pengumuman ini mendapat reaksi bercampur. 

20. Bagaimanapun, sekiranya PM Najib terus menggunakan Gani Patail untuk mengepalai penggubalan undang-undang baru dan seterusnya,sedangkan Kerajaan beliau sendiri telah mengesahkan Gani Patail terlibat dalam salahlaku jenayah,maka samalah seolah PM Najib menghumbankan hak kebebasan dan nasib rakyat kedalam genggaman seorang penjenayah.

20.1. Jika ini berlaku, maka ianya bukan sahaja merupakan sebagai satu penderaan dan penganiayaan terhadap rakyat, malah terhadap Rule of Law itu sendiri.

Salam sejahtera.

Yang benar,

 

Mat Zain Ibrahim

19 September 2011

 

MCLM: Real reforms if BN is removed

Posted: 19 Sep 2011 04:14 PM PDT

The Barisan Nasional should have been serious about socio-political change after the 12th general election, says MCLM.

(Free Malaysia Today) - Real reforms are only possible if a non-Barisan Nasional government comes to power, a human rights group said.

Malaysian Civil Liberties Movement (MCLM) president Haris Ibrahim said that if the BN was serious about socio-political change, it would have acted in the aftermath of the 12th general election.

"If it's BN (that stays in power), then we can kiss this (reforms) goodbye. If they had listened… they would have… done it post 12th GE," Haris told FMT.

"In order to do that, you need to have a strong prime minister… focused on (his) … five years (as premier), who'll say, 'I need to do these reforms.'"

Haris also made a reference to past and present prime ministers, and alleged that they were more focused on calling for general election than on change.

He made the claim after presenting the Rakyat Reform Agenda (RARA) at an MCLM-organised forum at the Selangor Chinese Assembly Hall last night.

According to the group, the RARA covered four different points:

  • the 1963 Malaysia Agreement, including Sabah's 20-point and Sarawak's 18-point agreements;
  • restoring of independence to Malaysia's institutions, including the judiciary;
  • the repeal of local security laws, including the Internal Security Act (ISA) and the Sedition Act; and
  • a revamp of affirmative economic policy, reborn as the racially blind Social Inclusion Agenda.

Speaking on the last two points, Haris said that both of the factors were being prepared by MCLM-affiliated parties for the benefit of non-BN political parties in the advent of a change of government.

Wholesale cheating

Sabah and Sarawak's agreements as equal partners of the Malaysian Federation, he added, would be examined under an "honest" Royal Commission of Inquiry.

The inquiry, Haris added, would look into the alleged "wholesale cheating" of the two East Malaysian states.

All four points, he said, would be compiled into a concise document for these parties after Oct 27 as a set of guidelines for them to follow.

"We'll send this document, a brief write-up of what it is… (so that) we can facilitate the leaders (of these parties) to a better understanding (of reforms)," he said.

READ MORE HERE

 

Will Tenaga Nasional be split up?

Posted: 19 Sep 2011 03:01 PM PDT

By Fintan Ng, The STar

Speculation resurfaces as the utility faces additional RM3bil in costs

PETALING JAYA: Speculation of splitting Tenaga Nasional Bhd (TNB) up has resurfaced as the utility company faces an additional RM3bil in costs from having to look for alternative sources of fuel for power generation due to a shortage in gas supply.

However, TNB president and chief executive officer Datuk Seri Che Khalib Mohd Noh did not respond to StarBiz query on the matter.

Analysts said there were a number of obstacles that would make any break-up of the company unlikely at the moment.

They pointed out that fixed energy prices and power-purchase agreements signed with the independent power producers were among the main reasons why there would not be any imminent split-up.

"This was mooted 10 years ago as part of a power-pooling structure where prices would have been deregulated and left to the markets," an analyst pointed out.

TNB has three divisions, transmission, distribution and generation, of which the first two are the most profitable.

The analyst said any break-up of TNB was highly unlikely as the political costs would be too high. "Due to the high costs of energy, letting prices gyrate may not be a good idea," he said.

Furthermore, he said energy subsidies would only be entirely removed in 13 years (based on recommendations by the Performance Management and Delivery Unit that subsidies be gradually removed) while the power purchase agreements (PPAs) signed with the independent power producers complicated any move to restructure prices.

"The Government will have to wait at least until 2016 when the first of the first generation PPAs expire," he said.

Meanwhile, another analyst added that the idea of breaking up TNB was not feasible as long as the company's generation division did not have a cost pass-through mechanism.

"It's difficult to see earnings visibility especially if there's more disruption to gas supply," he said, adding that there was also the question of whether the Government would allow the company to pass on the costs to consumers.

HLIB Research analyst Daniel Wong, in a report, downgraded TNB shares to "hold" with a target price of RM5.10, based on discounted cash-flow estimates on continued disruption in gas supply and delay in tariff hikes.

TNB closed 8 sen up at RM5.09 yesterday.

"In the near term, TNB's margin will be eroded by higher fuel cost due to gas shortage (even if Petroliam Nasional Bhd maintenance is completed) as power demand increases while coal and hydro power capacity utilisation has been maximised," Wong said.

He said the decision to implement a fuel cost-pass-through mechanism lay with the Government and was influenced by political, economic and social factors.

Wong added that the proposal for fuel cost sharing during gas curtailment period was also pending Government approval.

Taib Named In UK Parliament

Posted: 19 Sep 2011 02:55 PM PDT

By Sarawak Report

Knowledge and concern about the timber corruption associated with Sarawak's Chief Minister is now spreading to the UK.

Last week his name was raised in the UK Parliament's upper chamber, The House of Lords, after a question had been asked of the Government to give an assessment of the impact of logging on indigenous people, plants and animal life.  Present to answer the question was one of the Government Ministers from the Department for International Development (DFID), Baroness Verma.

The Baroness answered that the UK Government is well aware of the concern about unrestrained logging and how it impoverishes around a billion people on the planet.

Baroness Verma: My Lords, more than 1 billion people depend in varying degrees on the forests for their livelihoods with many more depending on the ecosystem services they provide. Some 350 million people who live within or adjacent to dense forests depend on them to a high degree for subsistence and income. Degradation and deforestation cause a loss of between $2 trillion and $4.5 trillion per year in ecosystems goods and services.

Lord St John of Bletso

 

Rainforest campaigner – Crossbencher (attached to no party) Lord St John

One of the best known campaigners for Rainforests in the Lords then raised the issue of Abdul Taib Mahmud and his effect on Sarawak and its people.  To cries of "Hear, hear", he rose to ask:

"My Lords, can the noble Baroness give any indication as to whether our Government will be following the moves by Switzerland and Germany to investigate money-laundering of the proceeds of timber corruption by the chief minister of Sarawak in Malaysia? What other measures are being taken to identify and sanction those large international logging companies which do not ensure best practice in sustainable logging?"

The Baroness replied that although she could not respond on a particular individual, the mechanisms are in place to deal with timber corruption:

"I would like to say to noble Lords that we are ensuring that we respond proactively to the difficulties we are all facing with this issue. The multinational companies that deal in illegal logging will find that the penalties for this will be severe." [link to the debate]

 

Taib's assets in the UK

 

Ridgeford Properties' portfolio in London belongs to the Taibs

The mention represents a set-back for the Chief Minister, whose family assets are extensive in the UK.  Timber corruption campaigners have already prompted money laundering investigations in Switzerland and Germany, as referred to in the Lords debate.

Last week also Canadian Government acknowledged that it too is aware of the fact that the Taib family have hundreds of millions of dollars of property assets in North America.  While it has refused to confirm or deny any investigation at this stage, a top executive of Canada's Department of Justice told the Bruno Manser Fund that:

"The RCMP(Royal Canadian Mounted Police)'s Integrated Market Enforcement Team is a group of highly acknowledged specialized investigators that are dedicated to ensuring that those who commit serious capital markets fraud offences will be discovered, investigated, prosecuted, and incarcerated in an effective and timely fashion"

 

READ MORE HERE.

 

Bumis ‘typically’ sold government contracts for cars, houses, leaked study reveals

Posted: 19 Sep 2011 02:53 PM PDT

(The Malaysian Insider) - KUALA LUMPUR, Sept 20 — An unpublished Works Ministry study found that Bumiputera contractors as a rule sold their government contracts to buy luxury cars and houses apart from misusing payments received from the Treasury, according to a leaked US diplomatic cable.

The cable, revealed by whistleblower website WikiLeaks, comes just after Putrajaya agreed to allocate RM8 billion worth of contracts in the country's most expensive infrastructure project, the Klang Valley Mass Rapid Transit (MRT), which initially set strict rules for its contractors.

The US diplomatic cable quoted a Works Ministry source as saying the "Study on Bumiputera Contractor Leakage" was the result of feedback from various industry sources on failed and successful projects. The report was used by then-Prime Minister Tun Abdullah Ahmad Badawi to castigate failing Bumiputera businessmen in February 2007.

"The current system of awarding lucrative government contracts to Bumis provides them with a strong economic incentive to simply act as agents, turning over as many projects as possible and taking a cut before handing each one off to a competent non-Bumi implementer.

"This 'Bumi agent' system is firmly entrenched in Malaysia. Any effort to make reforms is likely to be resisted not only by well-established Bumis, but also by the non-Bumi implementers who have built up a network of well-oiled agent partnership," the US Embassy concluded in the report published by the Malaysia-Today news portal.

The US and European Union have called for more transparency and equality in government procurement by Malaysia as part of the free trade agreement talks which have yet to be concluded.

In the leaked cable, the US embassy reported: "The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses. The report also found Bumiputera contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them."

"The official said contractors were irresponsible and had abused the trust given to them by the government which was meant to help Bumiputeras progress," it added.

The US cable noted that then-Finance Ministry secretary-general Tan Sri Izzudin Dali had disclosed new regulations that Bumiputera contractors seeking government tenders will soon be required to sign an official declaration promising not to sell or subcontract their tender to other races.

"Violators will have their contracts and registrations terminated. Izzudin added that under the new rules contractors undertaking public infrastructure contracts will now be awarded only one project at a time and that projects will be distributed evenly among contractors in the same area or district," the cable said, quoting Izzudin's speech on February 16, 2007.

READ MORE HERE

 

Increasing The Malaysian Talent Pool

Posted: 19 Sep 2011 02:49 PM PDT

By Mariam Mokhtar, Malaysian Mirror

Prime minister Najib Abdul Razak praised Malaysians for their maturity and awareness of human rights, but to make Malaysia "the best democracy in the world", as he claims is his intent, will he be prepared to reward all talented Malaysians irrespective of race and religion?

The nation is not short of talented people who come in all shapes and sizes, colours and creeds. A few have come from privileged backgrounds whilst many hail from more humble origins.

However, when it comes to rewarding talent, only the Malays in Malaysia have a bite of the cherry, more specifically, only Malay men reach the top, and stay there.

The statistics speak for themselves. Women do very well in Malaysian education; our schools, colleges and universities churn out many brilliant women scholars every year. Girls choose the more challenging subjects and excel, whilst the majority of boys, select subjects that are less demanding.

Males lag behind and then present the lame, old excuse, that boys, are late developers. Isn't it time men stopped hiding behind prissy excuses?

Some attribute the high attainment of women to the home environment where boys relax and are waited on hand and foot, whilst the girls have to help with the chores, take care of the younger siblings and cope with their schoolwork. Girls learn to manage their time properly and take on responsibility, at an early age.

In Asian families, the boy is treated like a king and when he grows up, he expects this special consideration to be extended to him at most times, if not all the time.

Most of us can identify at least one male family member who is a laggard and a bully, but whose actions are condoned by his mother. So, it seems that women who spoil and pander to their sons and husbands are at the root of the problems that our society has with men.

Will Najib acknowledge the talents of women and give everyone a fair crack of the whip, irregardless of their sex?  Will Najib in his desire to make Malaysia "the best democracy in the world", reward the Malaysians who are not Malay or Muslim? Will he finally acknowledge the struggles and achievements of the non-Malays and non-Muslims who have contributed towards the success of Malaysia?

Or will these people be shunned as before and be forced to bid farewell to their families, their place of birth and bring their talent to another nation in which they will have to make a new home?

Will Najib be open in mind and spirit and welcome the non-Malay, non-Muslim Malaysians to be committed, productive members of society? How many professionals and academics should we allow other nations to absorb at our expense?

Talent isn't limited to those with brilliant academic minds. We have millions of non-Malays who swear allegiance to the King and country, but whose progress within the armed forces is limited and whose loyalty is often questioned.

Will Najib open the doors of opportunity to these subjects and show that he is capable of providing them with "the best democracy in the world"?

Several hundred thousand non-Malays and non-Muslim have already made the ultimate sacrifice when defending the nation. They were not the last non-Malay patriots, but who can blame the younger faithful citizens for refusing to enlist when they are told that they are second class citizens or immigrants?

The Malaysian constitution assures each Malaysian the freedom to worship the religion of his choice. If Najib is sincere, will his policies reflect this and will he prevent the houses of worship and the holy books of other religions form being desecrated? Will he put a stop to forced conversions, body snatching and families being torn apart by our warped religious laws?

Our current educational policies appear only to reward those from Malay/Muslim backgrounds. Scholarships and other educational opportunities are not based on merit and are not used to reward talent. There are allegations that some Malays do not have to repay their study loans or break the terms of their scholarship, without punishment.

The increasing resentment felt by open-minded Malays, the non-Malays and non-Muslims is reaching fever pitch. Is it any wonder many refuse to return to their country of birth on completion of their studies?

If Najib says we are mature and care about human rights, then will he put the interests of the people first? Can he reinstate good governance with an upright and honest judiciary and also an independent police force?

Will he ensure that money politics remains a thing of the past and will he allow university and college students the right to vote and take a healthy interest in politics?

Is he willing to match the rakyat's maturity and allow freedom of expression and freedom of speech amongst other things? Will the civil service, ministerial posts and the higher ranks of government departments and the GLCs be open to non-Malays, too?

The rakyat will stand behind Najib in his desire for "the best democracy in the world", but perhaps he will find the most opposition from within the ranks of Umno. They have had the upper-hand for the past 54 years and may not be able to tolerate a more mature, liberal and democratic society.

This might be the acid test that will precipitate another clash of wills within Umno: Will the hardliners support him, in his new found maturity, and endorse the candidacy of a non-Malay, non-Muslim and non-male for the highest post in the land – that of Prime minister of Malaysia?

 

Half-a-billion ringgit suits await Felda

Posted: 19 Sep 2011 02:44 PM PDT

(Harakah Daily) - More suits are coming in the way of embattled Federal Land Development Authority (Felda) as settlers now seek redress over the body's alleged manipulation in the grading of palm oil.

Today, some 345 settlers from Jengka Pahang have joined the movement against Felda, bringing the total of those seeking legal redress to a whopping 1,056 to date.

They signed up the lawyers appointment form to sue Felda Jengka of some RM510 million in compensation, claiming Felda had manipulated in the grading of palm oil.

Felda is currently facing a string of lawsuits from settlers in Kelantan, Johor and Negeri Sembilan.

Writing in his blog, PKR's Felda community and native bureau chairman Suhaimi Said said the amount was the biggest filed by Felda settlers.

Suhaimi said settlers were demanding the return of oil palm rejected by Felda factories after lab results showed they were of 20 percent extraction grade quality.

READ MORE HERE.

Najib rapped for denying people's role in ISA repeal

Posted: 19 Sep 2011 02:41 PM PDT

(Harakah Daily) - National laureate A Samad Said has taken prime minister Najib Razak to task for refusing to acknowledge it was the people's struggle for the abolishment of the Internal Security Act that prompted the latter to announce its repeal last week.
"For the past 54 years, they never did think of abolishing the ISA. Suddenly, they received an inspiration and claimed it was not due to the demands especially from the youths who could no longer see the act in existence," said the activist Pak Samad (right) during a youth gathering in his honour at Central Market yesterday.

He was reacting to a statement by Najib that his decision to repeal the ISA and other similar laws was "a decision made by the Barisan Nasional government because we listened to Malaysians who want this change", and not due to the role played by anti-ISA activists.

According to Pak Samad, Najib could not have made such an announcement without pressure.

"The Prime Minister over the last two, three days announced, 'Oh, it was us, we ourselves abolished ISA', but did not say it was those who pushed (for ISA's repeal) that had led it to change. If there were no pressure, I don't think (ISA will be abolished) as it is a very useful tool to suppress the people," he said.

He also reminded that the ISA had been defended over the last 54 years by UMNO and Barisan Nasional.

But in spite of denying their role, said Pak Samad, it was still a victory for the youth.

'Who defended ISA?'

Earlier, PAS information chief Tuan Ibrahim Tuan Man chided UMNO and hitherto pro-ISA leaders for claiming credit over the notorious act's abolishment, and made comparison to UMNO leaders' denial of non-UMNO and left-wing fighters who had struggled for the country's independence.

"Where is the recognition to the contribution of those who had all along fought for ISA's abolishment?" asked Tuan Ibrahim.

 

READ MORE HERE.

Molotov cocktails hurled at Mat Sabu's home

Posted: 19 Sep 2011 02:39 PM PDT

By A Ruban, The Star

SHAH ALAM: Teenage miscreants hurled explosive materials, believed to be Molotov cocktails, at the entrance of PAS deputy president Mohamad Sabu's house early Tuesday.

According to Mohamad Sabu's son Ahmad Saiful Islam, 23, two teenagers were seen throwing the explosive materials at his home in Section 19 here. They fled when the neighbours were alerted.

"They were school boys and they did not come in any vehicle. The neighbours helped put the fire out when the boys ran away.

"The police arrived here about 30 minutes later," he said when met at the double-storey link house.

Ahmad Saiful said only his sister, Nurul Huda Mohamad, 28, was at home at the time of the incident after midnight.

Mohamad Sabu could not be reached for comment.

Police have confirmed the incident.

Prosecution discredits Aussie expert

Posted: 19 Sep 2011 02:35 PM PDT

By Teoh El Sen, FMT

KUALA LUMPUR: Australian consultant molecular geneticist Dr Brian Leslie McDonald cannot be considered an expert in the field of forensic DNA, said the prosecution in the Anwar Ibrahim Sodomy II trial today.

"I'm very impressed with the doctor's credentials… (but) just because the witness can explain all the scientific terms, it does not make him an expert," argued lead prosecutor Solicitor-General II Mohd Yusof Zainal Abiden.

McDonald agreed to this, to which Yusof added: "That's what I'm saying, you're not an expert."

McDonald, who was being cross-examined by the prosecution after completing his testimony yesterday, anwered "yes" when asked if his field of study included forensic DNA.

He also agreed that the field of DNA had advanced and 20 years ago, when he obtained his qualifications in 1992, forensic DNA did not exist then.

However, McDonald denied Yusof's claim that this rendered his credentials obsolete.

Yusof: You have never been formally trained in forensic DNA testing?

McDonald: No.

Yusof: So you are not trained in extraction of DNA and its interpretation…?

McDonald: (I am) absolutely. I have 30 years of experience

Yusof: But do you have formal training? Did you attend a course?

McDonald: When I started this, I actually conducted the courses (to train doctors to interpret findings). I am certainly trained as a scientist and as I said, forensic science itself as a field is a recent development.

 

READ MORE HERE.

Utusan wants ‘spirit of ISA’ retained in new anti-terror laws

Posted: 19 Sep 2011 02:08 PM PDT

By Clara Chooi, The Malaysian Insider

KUALA LUMPUR, Sept 20 — Utusan Malaysia today joined political hardliners in pressing to preserve the "spirit of the Internal Security Act (ISA)" in the country's two new anti-terrorism laws as the push back began against Putrajaya's plans to repeal security laws.

The Umno-owned daily reasoned that such preventive laws were now considered "universal practice", citing terrorism activities across the globe like the September 11, 2001 attacks on the World Trade Center in New York.

The attacks, said senior news editor Zulkefli Hamzah in his column, had fuelled the international community's fears towards terrorism and subversive threats and made such preventive laws a necessity in any part of the world.

"Surely, if the United States had to resort to enforcing laws allowing detention without trial, (Malaysia's) new (anti-terrorism) laws to be enacted soon should also play the role of the ISA, which is to protect the peace and security of the country," he wrote.

He pointed out that former US President George W. Bush, who once reportedly criticised the ISA, had to "eat his own words" after the 2001 terrorist attacks and was forced to enact the Patriot Act to prevent further acts of terrorism in the country.

"And after Prime Minister Datuk Seri Najib Razak announced the repeal of the ISA, in conjunction with Malaysia Day — 54 years after Merdeka — what would Bush's reaction have been if he were still in power?" he asked.

Zulkefli then attributed Malaysia's peace and prosperity to the 40-year existence of the ISA, saying that in comparison with other countries Malaysians were now mature enough and ready for the country to achieve developed nation status.

"Do not deny that the ISA played a role in what we enjoy today," he said.

With the ISA, he added, Malaysia and her neighbours Singapore and Brunei, both of which had also inherited the law, could successfully thwart terrorism and violent extremism to maintain public order.

"Surely we all do not want parties to interfere with the country's transformation process," said Zulkefli.

It has been barely a week since Najib caused ripples in the political landscape when he announced plans to repeal the ISA and reforms to several security and press laws but already signs of resistance have begun to surface.

On Sunday, Datuk Ibrahim Ali, president of Malay rights group Perkasa, declared that his organisation would reject the two new anti-terrorism laws that would replace the ISA if they do not keep to the "preventive spirit" of the Act.

READ MORE HERE

 

WIKILEAKS: GOM Touts "Record" Manufacturing Investment Approvals for 2006; Rampant ...

Posted: 19 Sep 2011 01:00 AM PDT

The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses. The report also found Bumiputra contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION

1. (U) Summary:  The GOM trumpeted figures showing total manufacturing investment approvals in Malaysia rose 48.1% in 2006 to a record RM 46 billion (USD 13.1 billion), and used this as proof the country remained internationally competitive.  However, a closer look at the numbers reveals the investment trend in Malaysia is a lot less rosy.  Meanwhile, Prime Minister Abdullah publicly vented his frustration over a recent study showing 85% of government construction tenders awarded to ethnic Malays under the GOM's affirmative action program are being sold to non-Malays, defeating the purpose of the policy.  In response, the GOM has vowed to get tough on violators.  End summary.

We're In the Money!

2. (U)  Minister of International Trade and Industry Rafidah Aziz announced February 13 that Malaysia's total manufacturing investments approvals rose 48.1% in 2006 to an unprecedented high of RM 46 billion (USD 13.1 billion), from RM 31 billion projects approved in 2005.  Of this amount, foreign manufacturing investment approvals accounted for RM 20.2 billion (USD 5.77 billion), an increase of 13.1% from the RM 17.9 billion (USD 5.11 billion) approved in 2005, while domestic investment approvals accounted for RM 25.8 billion (USD 7.37 billion), almost double the RM 13.2 billion (USD 3.77 billion) approved in 2005, primarily due to fourth quarter approvals for three large petroleum and petrochemical projects (see paragraph 5).

3. (U) The largest share of foreign direct investment approvals continued to be in the electronic and electrical sector, accounting for RM 8.6 billion (USD 2.5 billion) or 42.6% of the total.  Japan emerged as the top investor for 2006 with RM 4.4 billion (USD 1.25 billion) in investment approvals, of which RM 1.5 billion (USD 430 million) will be in greenfield industries.  [Comment:  Japanese embassy economic counselor Takuya Sasayama told the press that the spike in Japanese FDI during the second half of 2006 may be the result of the Japanese-Malaysia Economic Partnership Agreement, which became effective last July.  End comment].  The Netherlands came in second place with RM 3.3 billion (USD 943 million) in investment approvals, followed by Australia with RM 2.6 billion (USD 743 million).  The U.S. slipped to fourth place with RM 2.5 billion (USD 714 million) in investment approvals, down from its number one position in 2005.  About 60% of the U.S. company investment approvals will be re-investments by existing companies for expansion or diversification in the electronic and electrical sector.

FTA "Just a Bonus"

4. (U) The surge in investment approvals exceeded the GOM's targeted average investment approvals of RM 27.5 billion (USD 7.8 billion) per year under the 15-year Third Industrial Masterplan.  In press reports, Rafidah said "[d]espite the increasing global competition, Malaysia continues to attract global foreign investment outflows, reflecting the country's cost-competitiveness as a manufacturing and export base."  She added the figures demonstrated that a failure to reach a free trade agreement (FTA) with the U.S. would not have an adverse impact on foreign direct investment (FDI) into Malaysia. "The FTA is just another bonus", she said.

Hey, wait a minute...

5. (U) A closer look at the numbers reveals the sharp rise in Malaysia's investment approvals last year may not be sustainable. Three major domestic petroleum and petrochemical projects (SKS Development's RM 7.7 billion oil refinery in Kedah, Petronas' Methonal RM 2 billion plant in Labuan and Panca Intan's RM 1 billion petrochemical plant in Sabah) accounted for over 23% of the RM 46 billion in total investment approvals.  In addition, large domestic bio-diesel projects accounted for RM 6.1 billion, or over 13.2%, of total investment approvals.  [Comment.  If these volatile energy sector projects are excluded from both the 2005 and 2006 numbers, Malaysia's total investment approvals would have risen only 1.4% for 2006, not the 48% touted by Minister Rafidah.  Therefore, unless domestic companies continue to pump money into mega energy projects for 2007, it will be very difficult for Malaysia to sustain the high level of investment approvals seen last year.  End Comment]

6. (U) Another dark cloud for Malaysia in last year's numbers is that fact that total investment approvals in the high value-added electrical and electronics industries (which in Malaysia are dominated by American high tech companies such as Intel and Dell), shrank 27.5% decline in 2006 to RM 10 billion from RM 13.8 billion in 2005.  This, combined with Intel Corporation's recent decision to triple its investment for a new chip assembly and test facility in nearby Vietnam to USD 1 billion, could point to a gradual decline for investment in, or actual disinvestment from, Malaysia's highly prized ICT sector.

Now Show Me the Money

7. (U) The RM 46 billion in investment approvals does not refer to actual investments in Malaysia but rather projects that have been given the green light from the Malaysian Investment Development Authority (MIDA).  According to MIDA, actual investments will normally be committed in the coming one to three years following approval.  Of the 5,889 foreign projects approved by MIDA during the 2001-2006 period, 72.5% have commenced production while 21.8% are in various stages of planning and implementation and 5.6% have not gone forward at all.

"Ali Baba" and the Bumi Thieves

8. (U) Meanwhile, Prime Minister Abdullah Badawi expressed frustration and disappointment over findings from a recently released Ministry of Works report showing 85 percent of government contracts awarded to "Bumiputra" (ethnic Malays and indigenous Malaysian groups) contractors under Malaysia's affirmative action program end up being subcontracted to non-Bumiputra firms, a practice commonly referred to here as "Ali Baba".  "They (Bumiputra) do not want to work, do not want to learn, and give little importance to the opportunities provided by the government...This approach will only make us hope and wait for aid and subsidies. Such a mentality thrives among the people, including Bumiputra petty traders and contractors," he said.  Abdullah made the comments during a dinner speech on February 13th.

9. (U) In Malaysia, many government construction contracts are open only to Bumiputra owned businesses.  Although the rationale for the policy is to bolster the competitiveness of Bumiputra contractors vis-`-vis contractors of other races, in practice many of the Bumiputra firms (the "Ali" in "Ali Baba", typically Malay Muslims) immediately subcontract the work to non-Bumiputra contractors (the "Baba", typically ethnic Chinese - the term comes from "Baba-Nyonya", a reference to descendants of marriages between Straits Chinese men and Malay women), enabling the Bumiputra contractors to quickly pocket profits but preventing them from acquiring the experience and expertise the policy was intended to engender.   Abdullah said Ali Baba practices not only frustrated the GOM's policy aim of empowering Bumiputras but also undermined its broader Bumiputra agenda of ensuring Malaysia achieved progress and stability in the long term.

You Can't Trust Anyone Anymore

10. (SBU) A source from the Ministry of Works told EconFSN that their report, entitled "Study on Bumiputra Contractor Leakage", was the result of feedback from various industry sources on failed and successful projects.  The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses.  The report also found Bumiputra contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them.  The official said contractors were irresponsible and had abused the trust given to them by the government which was meant to help Bumiputras progress.

Blacklist the Really Bad Bumis

11. (SBU) Separately, executive chairman Moehamad Izat Emir of the Malay Entrepreneurs and Merchants Association said payment is the main issue facing the contractors.  He said that while Abdullah had directed the disbursing agency to pay the contractors within two weeks after completing the work, this often does not happen.  He proposed that Bumiputra contractors be trained to upgrade their skills and suggested government-linked companies (GLCs) be required to support these contractors.  Roslan Awang Chik of the Malay Contractors Association shared his view that "competency comes from exposure".  He is puzzled why many well-known and qualified Bumiputra contractors were not being awarded government contracts while several unknown ones were.  He suggested the government blacklist any contractors found to be selling their tenders.  "They can be considered traitors", he said.

Now Promise to be Good...

12. (U) In response to the controversy over the study, Ministry of Finance Secretary General Izzudin Dali announced on February 16 that under new regulations Bumiputra contractors seeking government tenders will soon be required to sign an official declaration promising not to sell or subcontract their tender to other races. Violators will have their contracts and registrations terminated. Izzudin added that under the new rules contractors undertaking public infrastructure contracts will now be awarded only one project at a time and that projects will be distributed evenly among contractors in the same area or district.

13.  The GOM's practice of giving preferential treatment to Bumiputra contractors began as part of its New Economic Policy, an ambitious and controversial affirmative action program launched in 1971 following the race riots of the late 1960s.  Although aimed at reducing the socioeconomic disparity between Malaysia's Chinese minority and its Malay majority, these policies have been only partially effective while often stirring resentment on the part of non-Bumiputra ethnic groups.  According to the GOM's last census in 2000, Malaysia ethnic composition is 65.1% Bumiputra, 26.0% Chinese and 7.7% Indian.

14.  (SBU) Comment.  The current system of awarding lucrative government contracts to bumis provides them with a strong economic incentive to simply act as agents, turning over as many projects as possible and taking a cut before handing each one off to a competent non-bumi implementer.  This "bumi agent" system is firmly entrenched in Malaysia.  Any effort to make reforms is likely to be resisted not only by well-established bumis, but also by the non-bumi implementers who have built up a network of well-oiled agent partnerships. End comment.

SHEAR

 

A Whiff of His Father’s Leadership

Posted: 18 Sep 2011 11:13 PM PDT

http://img194.imageshack.us/img194/3554/bakrimusa.jpg

M. Bakri Musa

As can be seen, a good policy is the best PR. Notice the favorable comments locally as well as in respected foreign media to Najib's latest initiative, and it did not cost the government a ringgit to get them! Focus on crafting enlightened policies, and the favorable publicity would ensue.

 

In announcing the repeal of the Internal Security Act and other repressive laws, Prime Minister Najib Razak secures for himself an enshrined spot in Malaysian history.

Of the many thoughtful comments on Najib's historic announcement, the one that struck at the heart of the issue was that by former Mufti of Perlis, Dr. Asri Zainul Abidin. He declared, "The ISA is an un-Islamic law. It infringes [upon] individual rights and can be easily misused by leaders, so repealing it was a very Islamic move." Amen!

"Najib's announcement," Asri continued, "is more valuable than any bonus payment or salary increase because repealing the ISA means the restoration of human rights … which is more valuable than money." That is putting things in their proper perspective.

I disagree however, with the Mufti's characterization of Najib's move as a "gift" to the people. When someone robs you of something and then returns it, that is no gift, merely restoring what is rightly yours. The ISA and other restrictive laws rob us of our precious possession, our freedom. That is Allah's gift to us, as enshrined in the Koran. It is not for mere mortals, no matter how exalted their earthly positions, to tamper.

Nonetheless I do hear the Mufti. Good Muslims ought to be grateful for their blessings, however small. I want to be a good Muslim, and Najib's announcement is a huge blessing, so I am very grateful. Alham dulillah! Praise be to Allah!

Missing the Islamic Visuals

Najib and his policymakers must have deliberated for some time. Perhaps it was not a coincidence that only a week earlier Najib's younger brother, the head of a GLC bank, intimated the need for Malaysia to change lest it risks a Middle East type of upheaval. Significantly, he made it at the Malaysia-China Trade Investment Conference, but more on China shortly.

Pursuing the religious theme, I was surprised that Najib and his advisors did not choose an occasion with some Islamic symbolism to make his momentous announcement.

Not that there was anything wrong with choosing Malaysia Day. However, we just completed Ramadan only a fortnight ago. Surely Najib had decided then. Imagine if he had announced it on Hari Raya, which also coincided (more or less) with Merdeka Day. What better way to demonstrate and acknowledge the special blessings of Ramadan and live its spirit, as well as fulfill the aspirations of merdeka – freedom! Ramadan is after all about remembrance and return – remembrance on the origin of Islam and return to its essence, in Eboo Patel's pithy phrase.

When Islam was revealed, it emancipated the Arabs from their Age of Jahiliyiah (ignorance); likewise, getting rid of the ISA would emancipate Malaysians, lifting us from our Age of Fear. As for the essence of Islam, our faith commands us to do good and forbid evil. Getting rid of ISA is getting rid of evil; it cannot be more Islamic than that!

Imagine the powerful symbolic impact globally had Najib made the announcement at the end of Ramadan, coming as it was only a few days before the tenth anniversary of the horrible 9-11, and with it the inevitable hysteria of Islamophobia. Imagine the good that would do to the cause as well as image of Islam! One Muslim country bravely discarding its antiquated repressive laws, and doing so not in response to mass demonstrations or civil disobediences but as a normal turn of events. The contrast with America's renewed commitment to its Patriot Act and the Guantanamo detention camp could not be starker.

Speaking of image, had I been the administration's public relations consultant, I would have arranged with the announcement a simultaneous release of some ISA prisoners. I would have alerted the news media so they could station their journalists and cameras outside the gate of Kamunting prison.

Imagine the stunning and symbolic visuals! While Najib was making his announcement, the prisoners would emerge one by one into the arms of their eagerly awaiting loved ones. If there were to be a mosque nearby, I would superimpose the call of Azzan to the visuals. I would also have the producer put on a split screen; on one side would be the Prime Minister making his solemn announcement; on the other, the prisoners with their families joyously celebrating their freedom, with the takbir (affirmation to the greatness of Allah) superimposed as the background soundtrack.

I cannot imagine a more powerful symbolism. Those tapes would also be great campaign materials!

The Najib Administration forks out tens of millions to foreign consultants in an effort to spruce up its image. Alas those "documentaries" that supposedly portrayed Malaysia in good light, as well as the many "interviews" Najib landed on the international media, all turned out to be unmitigated fiascos. Those "journalists" and "interviewers" were nothing more than hired hacks.

Yet when a rare and splendid opportunity arose as with the recent announcement, those highly paid public relations pros missed it! Perhaps that should not be a surprise. After all they are all foreigners and non-Muslims to boot; they could not possibly pick up on the Islamic nuances I alluded to earlier. However, their fumbling on the international stage where they are supposedly the experts cannot be readily excused. There is no justification for their lack of professionalism, if not downright unethical behaviors there.

As can be seen, a good policy is the best PR. Notice the favorable comments locally as well as in respected foreign media to Najib's latest initiative, and it did not cost the government a ringgit to get them! Focus on crafting enlightened policies, and the favorable publicity would ensue. Even if you do not get any, a good policy is reward in itself. Your people will be grateful for it.

A Whiff Of His Father

In committing to repeal the ISA, Najib did something no other prime ministers before him had dared even to contemplate. And Najib had some mighty impressive predecessors. In so doing, Najib also demonstrated a whiff of his late father's great leadership qualities.

The late Tun Razak did not hesitate to suspend parliament following the May 1969 race riots. Despite the howling protests at home and abroad, Razak was undeterred for he had a crucial job to do; restore peace and stability to a nation shocked by the horrors of that tragedy. And may Allah bless his soul, he accomplished his mission in short order.

To those who would belittle that achievement, let me remind them that the 1969 riot coincided with the flare ups of sectarian violence in Northern Ireland. While Malaysians have been enjoying peace for the past four decades, those folks in Northern Ireland are still busy settling their deadly scores.

To this day, Tun Razak remained unique in being the only leader in the world who grabbed power during a national emergency to pursue a much needed critical goal, and then willingly gave that power up once he completed his mission. No other leader could claim that. On the contrary, history is filled with leaders who had to be pushed or dragged out, or worse. Libya's Gaddafi and Syria's Assad are only the latest examples.

I am not concerned with how Najib arrived at his decision; I am focused only on the decision. There is no shortage of skeptics out there, and they are not without their reasons. After all Najib's flip-flopping rivals that of his immediate predecessor.

Even if those skeptics were to be proven right later, there would be no turning back. Najib has clearly declared his niat (intention) to repeal the ISA. In Islam, niat is what counts. We declare our niat before we pray, fast, give zakat or undertake the Hajj. If Najib fails to live up to his Nawaitu, then he has to answer not only to his Maker on the Day of Judgment but also more practically, to his political makers – the voters – right here on earth and now, as in the next election.

Najib's Nixon-in-China Moment

Najib's declaration last Wednesday reminded me of Nixon's pioneering 1972 trip to China. It took another seven years before America would send its first Ambassador to Beijing. Today, over 30 years later, we wondered why on earth it took America so long to recognize the obvious reality of this most populous nation. Regardless, America, China, and the world are now better for it.

Nixon basked on the glory of his China trip and went on to win a landslide for his second term. Alas that triumph proved short-lived, for he was soon forced out of his presidency in shame on matters unrelated to his China initiative. Nonetheless his trailblazing China moment retained its luster in an otherwise blemished legacy.

If Najib's Malaysia Day niat proves to be just that and nothing more, well, like Nixon, at least he will have that as his legacy, and only that. However, if it proves to be ikhlas (sincere) and only his first step, with many more courageous moves ahead, then greatness awaits him, as well as Malaysia.

 

Cik Siti Puan Rosmah

Posted: 18 Sep 2011 11:08 PM PDT

DARI JELEBU

Cik Siti Puan Rosmah ini adalah sahabat baik kita yang perlu kita sokong. 

Hishamuddin Rais 



nota:
sedang kyusuk dan terdudoq
waduk melikok likok
tandan umalok yang sikok
kok kok kok



CIK SITI PUAN ROSMAH

Kita baru sahaja berhari raya. Masa saya kecik-kecik dulu raya – kami kanak-kanak menganggap hari raya ini satu bulan. Dari lojik kanak-kanak kalau kita berpuasa sebulan maka berhari raya pun wajib satu bulan juga. Jadi, minggu ini saya harapkan kita semua masih lagi berhari raya. Lalu, dihari baik bulan baik ini biarlah saya meminta maaf dari para pembaca sekelian.

Saya meminta maaf ini bukan kerana saya buang tabiat. Atau saya dapat seru untuk memulakan perjalanan ke Mekah. Juga bukan kerana saya ternampak Hantu Kopek ketika main mercun pada malam raya dahulu. Saya minta maaf ini kerana saya telah membuat satu kesilapan yang amat besar. Memang besar kesilapan saya ini.

Ceritanya bagini : selama satu bulan – dibulan puasa – saya selalu mengidam hendak berbuka puasa dengan Rosmah berendam ...oopsss maaf dengan badak berendam sambil minum air tuak. Idaman saya ini gagal. Kerana kegagalan ini maka munculah kesedaran kepada saya bahawa selama ini saya telah silap kerana sebenarnya badak berendam...opps maaf ... sebenarnya Cik Siti Puan Rosmah Mansor bukan musuh. Kesilapan besar saya ialah menganggap Rosmah sebagai musuh. Ini silap yang betul betul silap.

Saya sedar - habis sahaja para pembaca membaca ayat diatas maka pastilah ramai yang akan menuduh bahawa saya telah belot. Atau saya telah dibeli. Atau saya telah bertaubat. Wahai pembaca yang budiman. Sabar dahulu biar saya terangkan kenapa saya tidak lagi menganggap Rosmah Mansor sebagai musuh.

Kesahnya bermula sebelum bulan puasa lagi. Saya mula mendengar cerita dari Haji Desas bin Lebai Desus. Dari hari ke minggu dari minggu ke bulan - cerita ini semakin kuat saya dengar. Mula-mulanya saya hanya terbaca dari laman dan blog yang terkenal sebagai laman fitnah dan tohmah. Tetapi bila saya lakukan kaji selidik maka saya dapati cerita dari Haji Desus ini bukan lagi desas desus tetapi telah menjadi fakta.

Mula-mula dahulu saya mendengar bahawa Munyiddin Yassin amat marah kepada Cik Siti Puan Rosmah kerana beberapa kali Rosmah Mansor telah mengambil tempat dan kedudukan resmi Muhyiddin dalam hal pembelajaran. Rosmah seakan-akan telah menjadi Menteri Pelajaran. Telinga saya sendiri telah mendengar dari tim Muhyiddin tentang bagaimana Muhyiddin menyinga marah terhadap Cik Siti Puan Rosmah.

Kemudian muncul pula berita tentang Cik Siti Pun Rosmah kita ini pergi ke Kazakhtan untuk meminang. Memang pelik - bak kata orang Melayu ini macam perigi mencari timba. Atau lebih tepat lagi macam lesong mencari antan. Ini bukan kerana anak perempuan Rosmah ini memiliki mulut seluas lubang lesong atau bakal menantu Rosmah ini memiliki anu sebesar antan. Ini tanda kehebatan pepatah Melayu – tepat lagi erotik

Semua kesah-kesah ini cuba memburukkan Rosmah Mansor. Tak cukup dengan kesah lubang mencari antan tetiba timbul pula kesah besan Rosmah ini rupa-rupanya ada kaitan dengan Marlon Brando oopps...salah... bukan dengan Godfather Itali tetapi dengan mafia Russia. Tidak diketahui bagaimana berita ini terbocor dalam akhbar Kompas – harian terbesar di Indonesia. Nampaknya kempen membenci Cik Siti Puan Rosmah ini telah menular ke seberang.

Kesah ini rupa-rupa tidak berhenti disini sahaja. Tup tup terbarai pula berita Cik Siti kita ini telah membeli sebentuk cincin berlian dari New York. Untuk saya berita cincin ini tak masuk akal. Cuba para pembaca renung dan fikirkan - munusabah kah Cik Puan kita yang berat badannya 143 kilo 75 gram ini mahu menambah setengah kilo lagi berat cincin ditangan? Mustahil.

Dengan melihat semua ini, saya mengambil rumusan bahawa telah wujud satu perancangan yang licik lagi rapi untuk memburuk-burukkan Rosmah Mansor. Telah ada ajenda yang tersusun untuk memastikan Rosmah kita ini tidak tidur lena. Semua berita dan kesah-kesah ini adalah gangguan yang menjadikan Rosmahr tidak nyenyak tidur. Apabila Cik Siti Puan Rosmah kurang tidur maka berat badannya akan menurun. Inilah strateji jahat puak puak ini. Apabila Rosmah kehilangan berat badan pastilah rakyat jelata satu Malaysia tidak dapat mengenal mukanya lagi. Anak-anak yatim piatu yang selalu berteduh dibawah dagu Rosmah akan mencari kopek yang baru untuk berteduh.

Kemudian - dua minggu sebelum berhari raya saya terbaca berita yang amat menakutkan. Berita ini melaporkan tentang bekas balaci Mahathir telah mula mengumpulkan satu pasokan politikus pencen untuk meminta Najib berundur. Kumpulan yang memanggil diri mereka Penawar Kaseh ini telah menerangkan bahawa salah satu dari kesilapan Najib Razak ialah Najib tidak ada keupayan untuk mengawal tingkah laku Rosmah Mansor.

Apabila saya kumpulkan semua berita dan kesah kesah ini maka barulah saya sedar bahawa Cik Siti Puan Rosmah ini bukan seorang musuh. Cik Siti Puan Rosmah ini adalah sahabat baik kita yang perlu kita sokong. Para pembaca yang budiman kita tidak harus terikut-ikut dengan politik semasa. Jangan sesekali terpengaruh dengan jalur pemikiran yang menuduh Cik Siti Puan Rosmah kita ini seorang Mak Janda yang menggunakan khidmat bomoh kerana gila kuasa. Kesah kesah Nasi Kang Kang yang mula tersebar luas dikalangan Mak Cik Felda itu adalah fitnah semata-mata. Saya sendri tahu bahawa Cik Siti Puan Rosmah tidak meminati Nasi Kang Kang. Cik Siti kita ini adakah peminat setia Nasi Dagang dan Nasi Kerabu.

Haji Desas bin Lebai Desus selalu bercerita tentang Rosmah Mansor ini adalah seorang Mak Janda Ligat sebelum berkahwin dengan Najib. Ini juga berita palsu. Ini berita fitnah yang cuba melukakan hati Cik Situ Puan Rosmah. Adalah fakta sejarah yang tidak boleh diubah-ubah bahawa ketika berkahwin dengan Najib dahulu Rosmah Mansor ini masih seorang anak dara. Istilah anak dara disini bermakna - 300 lelaki yang terawal itu tidak akan diambil kira.

Read more at: http://tukartiub.blogspot.com/2011/09/minta-maaf-satu-kesilapan-besar.html

 

Air Asia

Posted: 18 Sep 2011 11:04 PM PDT

By Lynne_c

On behalf of the passengers of Air Asia X flight D7 2686 from Kuala Lumpur to Incheon, Seoul on September 2, 2011, I would like to share our experience about a delay that cost us more than 10 hours and the shabby treatment that Air Asia extends to its paying customers.

The chronology of the events are as follows:

The flight, D7 2686 was initially supposed to take off at 11.00pm and reach Incheon at 6.00am the next day.

11.00pm - Captain of the flight announced a delay due to a route change which requires the plane to upload 2 tonnes of fuel. The reason given was non-approval from ATP for clearance from Ho Chi Minh to Taipei.
12.00 midnight - Captain announces another plan change, requiring the uplifting of 1 tonnes of fuel from the plane.
1.00am - The plane was waiting by the runway to take off when the Captain announced clearance from Taipei and said that he would decide in 2 or 3 minutes if he would repark the plane.
1.30am - Captain re-parked the plane at the terminal
1.50am - Passengers were told to disembark to T18 by the Captain
2.30am - After more than 3 hours stranded in the plane, the passengers were finally allowed to disembark to T18 where everyone rushed to the rest room or to purchase much needed food and drinks
3.30am - Cold croissant and cold mineral water were distributed to the passengers.
4.00am - Some of the Korean guests requested for blankets for their children. The passengers were told that the plane will take off by 5.00am
5.00am - A new announcement was made that the plane will take off by 7.30am
6.00am - Two of the passengers cancelled their tickets and left
7.00am - One of the Managers assured the passengers that the plane will take off by 7.30am. A second Manager then said that Air Asia could extend our flight to another day. But he could not qualify for food and accommodation.
7.30am - The passengers were asked to re-board the plane.
8.00am - The plane reversed out of the parking bay and was parked in another place in the middle of the airport with 2 ground crew still on board. The new crew sat in the front portion of the plane, behind the red curtain, laughing and joking
8.20am - One of the passengers, a Mr. Chew, got up from his seat to approach the crew to find out what was happening. He was told that there was no pilot and the new crew said that they had just arrived from Delhi and were only told to sit in to board us on the plane. Anoother crew member, a Mr. Narin Singh, openly said that there was no pilot and he was there to bring the plane to where it was currently parked (in the middle of the airport). When pressed for confirmation, he declined to comment. However, it was very clear that Air Asia had moved the airplane without a qualified pilot on board!
9.20am - The plane finally took off for Korea

The delaying tactics employed by Air Asia was obvious. On top of all that, the passengers were subjected to rude treatment and thuggish behaviour from the ground crew and staff of Air Asia. When a disagreement arose between two Korean ladies and the ground crew at approximately 5.30am, passenger Mr. Chew recorded the incident on his handphone, but he was subsequently threatened and browbeatened by the Air Asia security to delete the video or else his mobile phone would be confiscated.

To date, there has been no effort from Air Asia to reach out to its customers and at least make an attempt to compensate everyone for the ordeal they suffered at the hands of Air Asia. We have never received any official answer on the reason for the delay. From what we had found out verbally, someone in Air Asia forgot to ask for clearance through Taipei air space, which sparked off the whole fiasco.

I am writing this to you in the hopes that our experience on board Air Asia X flight D7 2686 will be shared with your readers. Was all these hassle and stress worth the price of a cheap ticket? My answer, and the answer of all my fellow passengers would be, a resounding No.

More than that, seeing how shabbily Air Asia treated its guests that night, how they verbally accosted the Korean passengers who were struggling to speak English, I can honestly say, I felt an emotion I had never felt in my lifetime - I was embarassed to be Malaysian because Air Asia is a Malaysian company.

Black Cat, White Cat - Both Catch The Mouse

Posted: 18 Sep 2011 10:00 PM PDT

By Masterwordsmith

Never mind whether it is a black cat or a white cat, just so long as it catches the mouse, so said Deng Xiao Peng when he led the biggest Socialist state in the world down the road of transformation to become the greatest Capitalist state in the world in a mere two decades which took others two centuries.

And did not Russia too go this route? It always starts as a fight for the oppressed. And the oppressed rises up and throws out the oppressor. Then the oppressed discovers that it is easy to talk when you are not in power but not that easy when you now hold the reins of power.

That was the déjà vu feeling I experienced when I read this article in The Sun where Barisan Nasional (BN) claimed the Penang Island Municipal Council (MPPP) has signed away an estimated RM488 million in exchange for the RM250 million Subterranean Penang International Convention and Exhibition Centre (SPICE) project.

Many Penangites may not be aware that the Concession Agreement for Build-Operate-Transfer (BOT) of sPICE, PISA indoor stadium and PISA Aquatic Centre was dated and signed on 19 Aug 2011 and sealed/stamped on 24th August 2011. Last week, the agreement was open for public viewing and information derived there and from The Sun has a few areas of concern. Apparently, few knew about the public viewing which required prior appointment and limited to only two hours - no cameras allowed. Why?

Article 2 of the agreement seems to indicate that the grant of concession rights and sale of hotel site that MPPP has to comply with appear to be lopsided in favour of the developer.

The CM and MPPP should explain why all assessment rates for the entire project site (sPICE, PISA, indoor stadium, Aquatic Centre, car park but not the hotel and retail outlets) shall be borne by MPPP during the concession period.

In the agreement, it is agreed that the Concessionaire shall have the right to apply and/or appeal to MPPP for waiver, exemption and/or reduction of quit rent AND assessment rates for the retail outlets.

Why allow this? Business entities should not be given such waivers as it would mean loss of state revenue and increase in profits to the Concessionaire!

The agreement gives the allowance for the developer to build an additional 1,500 residential units in any project, in any part of Penang, within the concession period of 30 years as one of the loss making decisions.

According to Datuk Teng Hock Nan at a recent press conference, such a move would cost MPPP an estimated RM450 million, as the the council could not impose development charges on the units, or control the built-up areas, and selling prices for the additional units. He said the RM450 million estimation was calculated based on land cost – 30% of RM1 million per unit.

A 1.25 hectare site, within the SPICE project site, where a five-star hotel is to be built, was undervalued and sold by the Penang state government at RM100psf (at a total RM13 million). Estimated value is between 200RM-300RM per square foot! This means that the MPPP could have incurred a loss of RM27million if the land was sold at market rates (calculations based on 300RM psf).

MPPP would also have to provide mature land to the developer to build 450 low-medium cost units as per the agreement. Mature land possess infrastructure like roads and utilities and who would provide the infrastructure and at whose expense?

The CM should explain the rationale behind the decision as to why MPPP unconditionally and irrevocably agrees to grant the Concessionaire and/or any of its Related Corporations the right to additional density of any development carried out by the Concessionaire within the island of Pulau Pinang over and above the maximum permissible density of the land, provided always that the total sum utilized and spread over all projects within the island does not exceed 1500 residential units. They must also explain why there shall be no development charges or built up area control or selling price control imposed by MPPP on any such additional density utilized.

How much will the developer profit at the expense of the state and the rakyat?

 

READ MORE HERE.

 

 

Scepticism over Malaysian PM's reform announcement

Posted: 18 Sep 2011 09:38 PM PDT

Kean Wong, Radio Australia

The civil rights reforms announced in Malaysia last week include not only repealing the notorious Internal Security Act, but also winding back the stiff licensing laws that have long controlled and censored the Malaysian media.

Some in Malaysia's mainstream media industry have praised Prime Minister Najib Razak's proposed removal of annual licensing for newspapers as heralding a "dawn of a new era".

But analysts remain sceptical about ushering in greater media freedoms, short of wholesale changes in the ownership of newspapers and television networks.

Reporter: Kean Wong
Speakers: Zaharom Nain, Nottingham University in Malaysia; Hata Wahari, former head of Malaysia's National Union of Journalists; Jahabar Sadiq, editor of Malaysian Insider 

READ MORE HERE

 

The triumph of civil society

Posted: 18 Sep 2011 08:44 PM PDT

ART HARUN

There is a moment I spent with the late Raja Aziz Addruse which will forever be etched in my memory.

It was one Sunday morning at Raju's PJ some years ago. I was telling him how jaded I felt at the state of  things here in Malaysia, particularly the state of our judiciary. I told him I was ready to leave legal practice because nothing seemed to have changed. All efforts put in by everyone whom I know did not seem to yield any positive result at all.

He looked at me intently. I will always remember what he said. Because what he said epitomised the man and his indomitable spirit.

"Don't stop knocking on the door even if nobody open the door for you. You have to keep on knocking. Who knows, one day, even if nobody opens it for you, it will crumble down."

That was what he said.

Civil society has worked and campaigned tirelessly for the abolishment of laws which allow detention without trial, most particularly the draconian Internal Security Act. NGOs such as SUARAM and HAKAM for example took it upon themselves to make it heard that the ISA must go lock stock and barrel.

Human rights advocates such as Malik Imtiaz, Harris Ibrahim, Edmund Bon and many others have almost dedicated all their free times towards campaigning against the ISA and various other archaic laws which transgress universal and fundamental liberties.

The ISA is not the only oppressive law which was the target of these activists. The Police Act, which requires any planned gathering of  3 or more persons to obtain a prior police permit was also another example of an oppressive law which makes a mockery of Malaysia as a modern democracy. The Restricted Residence Act and the Printing Presses and Publication Act are another group of laws which deny the basic liberty of the people.

To top it up, as I pointed out recently in this article, Malaysia is still under four states of emergency which have never been officially uplifted. It is the year 2011. That we are still technically in, not one, but four, state of emergencies – declared in 1964; 1966; 1969 and 1977 – make a mockery of our push for a developed state status by 2020.

The fact that we are under states of emergency is of course insignificant if we do not consider the legal effect of the emergency. Under the Federal Constitution, almost all our liberties could be held in "suspension" when our country is under a state of emergency. It follows that all emergency laws and all regulations emanating from them, such as the archaic and totally repressive Emergency Ordinance 1969, could be enforced with impunity.

The currency of the states or emergency is therefore a frightening weapon of the States against the liberty of all of us, the people.

One of the most disconcerting aspects of the ISA is the complete misunderstanding of the law, not only among the police officers, the people in the Home Ministry but also among some of our Judges, right in the High Courts as well as the highest Court of the land, the Federal Courts.

While arguing one of the ISA cases in the Federal Court about 2 years ago, I told the Federal Court that the ISA is a "preventive" law and not a "punitive" law. What that simply means is that the ISA – by its very nature and even by the very words used in it – is to be used to "prevent" a planned act or series of acts which may be detrimental to national security. Which means the act has not happened yet and the ISA is to be used to prevent that act from happening. That is why it is called a "preventive" law.

The ISA is not a law which is to be used to punish a person or a group of persons for having done or committed any act, even though the act threatens national security. It is not "punitive" in nature. This is in line with the fact that under our system of law, only the Courts can punish. The government cannot punish the people without going to the Courts first.

It is conceded that under Article 149 of the Federal Constitution, laws providing for detention without trial is permitted to be made by the Parliament. However, a close look at Article 149 would reveal that the law  providing for detention without trial which is permitted by that Article must be a law designed to "stop or prevent" any action which threatens national security.

It is clear that for such law to be constitutional under the Federal Constitutional, it must be preventive in nature and not punitive. I therefore told the Federal Court that the ISA was supposed to be preventive and not punitive.

To my complete and utter disbelief, the most senior of the 3 Judges who presided over the case disagreed with me. He said the ISA is punitive in nature. I was also later warned by another Judge in the same sitting (who had since died) to be "careful with what I submitted."

To be frank, I think it is the Courts and the Judges who ought to be careful with what they think and decide because really, it is the liberty of the people which they are deciding upon. In some circumstances, what they decide could affect the life of the people. To tell me to be careful with what I submit in an ISA case involving the liberty of our citizens is an act of judicial cowardice!

The abuses of the ISA and the Emergency Ordinance are well documented. Recently of course, we had the case of the Parti Sosialis Malaysia's members who were detained for more than a month under the EO for allegedly trying to wage war against the King by reintroducing communism to Malaysia! They were of course released after a huge outcry. Today I learn that all charges against them are to be withdrawn.

As for the various abuses of the ISA, one could just type the letters "ISA" in the search box of this blog and read about the litany of the abuses of the ISA. The most famous of all of course would be the detention of 106 people by Dr Mahathir under the infamous Operasi Lalang in 1987.

READ MORE HERE

 

Rhetoric versus substance

Posted: 18 Sep 2011 08:04 PM PDT

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

NO HOLDS BARRED

Raja Petra Kamarudin

We say ABU (anything but Umno or asal bukan Umno).

We say we want change.

We say we need reforms.

We say: just repealing the ISA is not good enough -- we want to see more.

We say: kick out Barisan Nasional and replace it with a new government.

We say this, and we say that, and we say the other.

But what are we really saying? The devil is in the details. So where are the details? 

That, we do not say!

We know what we currently have is not good enough. We want something new. We want something different. We want something better.

But what is that we currently have which is not good or not good enough? What is it that we are looking for? What new things do we want? What do we want discarded and replaced? And what do we want to replace it with?

That, we do not say!

So I say it. I say what is wrong with what we currently have. I say what should be discarded and replaced. I say what it should be replaced with. And I said it my article called 'Can we look at this instead, a Bill of Rights?' and my earlier article called 'The cloak hides the man'.

Below are just some of the comments to my article 'Can we look at this instead, a Bill of Rights?'. And the comments are still rhetoric without substance or details.

We went through the same thing here in the UK recently. We said that more than a decade of Labour is enough. We no longer trust Labour and its policies, which are bankrupting the nation. Let us go for change. Let us vote in a new government.

So we voted out Labour. Then we got a new government: a coalition between the Conservatives and Lib Dem.

But we did not get the change we desired. They never delivered what they promised. In some instances, things actually got worse rather than better. Now we are talking about voting Labour back in come the next election. And in the few by-elections since, like in my hometown Manchester recently, we actually voted for the Labour candidate.

That is because we just wanted ABL (anything but Labour or asal bukan Labour). But we did not talk about what is wrong with Labour, only that we don't want Labour anymore because they were bankrupting the nation. Now we find that the new government cannot do any better than Labour could. 

And that is what we will experience in Malaysia if we are not careful.

Anything but Umno. Asal bukan Umno. As long as not Umno, never mind whether we actually do see change with the new government.

No, this is not just about kicking out the current government and replacing it with a new government. This is about ensuring that we see change. And we need to know what changes we are talking about. And whoever wants to form the government, post-13th GE, will need to know what we have in mind.

And that is why I proposed the Bill of Rights.

So, some of what we propose may need an amendment to the Constitution. So, some of what we propose may need the introduction of new laws -- which the Constitution may actually provide for without any amendments required. So, some of what we propose may need the abolishing of existing laws.

So what? So be it!

Whatever it may be, FFF. No, I am not swearing. FFF means Form Follows Function. We shape the Constitution and our laws according to the function we wish for it to perform. And what we want it to perform is to satisfy our Bill of Rights.

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

We do not want, like in the UK, to kick out Labour and get a new government that can't seem to do better than Labour, and now talk about voting Labour back in come the next election. (By the way, I am a Lib Dem member, the party that is now the government).

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

RPK, don't get so touchy lah. I don't speak for the others but the reason why I say it can't be done is because a Bill of Rights will contravene what the Malaysian Constitution dictates. To introduce such a Bill into law, we must first look at amending the Malaysian Constitution and that will be extremely difficult, not impossible but improbable at this juncture of time. Why not take it one step at a time and start to push for an amendment of the Constitution first? -- Hakim Joe

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

Dear Pete, don't have the heart to burst your balloon of hope but I think if we adopt your enthusiasm we will be very disappointed.

Let me out it like this:

B4 the baby can walk you are teaching him how to run.

Of course we must encourage the baby when he trying to walk. 

Problem is it may not be a baby but a snake in baby clothes and how to teach a snake to walk?

A snake just crawl and slither, but just can't walk.

Or how to teach a crab to walk straight?

Sorry I am too pessimistic because we have been short-changed for far too long and I think you are jumping the gun, though it is definitely a good suggestion and good ideals to strive for.

(Or maybe you live so long overseas you are breathing in more democratic and unpolluted air that helps your optimism.)

I will just do my best and vote for change which will hopefully come with the above package. -- Always Fair

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

Come on RPK, please read through my comments here:

What makes u think I don't agree with the Bill of Rights?

Yes, I agree with it wholeheartedly and believe it to be great!!

Yes, please tell us how it's going to be implemented!! -- educationist

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

There is no bill of rights under Ameno administration! Only one that i knew from hey days is I do as i like and please! Ameno's favourite law all time being used whenever they like and please! So no point of talking of bills of rights under ameno rule! -- Pegasus

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

As I see it, you can have all the best legislation in the world with noble intentions but as long as there is complacency, corruption and abuse of power among politician there will not be change. To change the attitude of politicians the people must be prepared to vote out corrupt and abusive elected officials. So, to bring about speedy change, people must vote out the BN government. Please do not get carried away by BN's promises of legislative reform. Reform will only come when voters reform themselves. -- Raja Chulan

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

I am 100% sure Najib will not accede to RPK's proposals. To do so he has to dismantle the institutionalised ethnic discriminating policies (NEP) so that all rakyats have equal rights.

Islam also forbids muslims from renouncing their faith in favour of other religious beliefs. So where's the freedom of religion, belief and opinion?

I think RPK is asking or expecting too much of Najib. -- Hanuman

 

No evidence ‘Male Y’ DNA came from sperm cells, sodomy trial told

Posted: 18 Sep 2011 07:10 PM PDT

(The Malaysian Insider) - An Australian DNA expert said today there is no evidence to show that DNA profiles obtained from "Male Y" in Datuk Seri Anwar Ibrahim's sodomy trial came from sperm cells.

Dr Brian McDonald, a defence witness in the high-profile trial, went so far to suggest that the prosecution had no proof whatsoever to the type of cells the DNA profiles were taken from.

He also challenged laboratory findings done by government chemists Dr Seah Lay Hong and Dr Nor Aidora Saedon, and pointed out the possibility of contamination in the samples taken and tested by chemists, which he claimed had been ignored by them.

"There is no evidence presented which allows the prosecution to draw that conclusion," said Dr McDonald when asked by defence lawyer Ramkarpal Singh whether the prosecution had proven that DNA profiles taken from Male Y came from sperm cells.

"We don't know what cell types the samples were taken from," he said.

Dr McDonald said previously that DNA profiles in three sperm samples taken from the complainant Mohd Saiful Bukhari Azlan's rectum showed "no evidence of degradation".

He had told the High Court that the DNA profile in one high rectal sample was pre-dominantly from "Male Y", another was pre-dominantly Saiful's, and the third — from the low rectal area — was inconclusive.

Dr Nor Aidora testified last February that the "Male Y" DNA profile matched those found on a "Good Morning" towel given to Anwar during his overnight detention in a lock-up three years ago, when he was arrested for allegedly sodomising Saiful.

The focus today was on the B9 cotton swab from the high rectal area retrieved from Mohd Saiful Bukhari Azlan's rectum and the white towel retrieved from Anwar's cell when he was detained overnight.

Dr McDonald also said that Dr Seah and Dr Nor Aidora had ignored findings that suggested the presence of a third DNA sample.

READ MORE HERE

 

That bold speech on that historic day

Posted: 18 Sep 2011 06:57 PM PDT

SAKMONGKOL AK47

I am a little late to write on the historic speech of the PM. Really I wanted to offer words of encouragement and support. I am tired to continue criticizing the PM who is after all my ketua bahagian. I was thinking, support and congratulations are in order  because the media, led by the overzealous Minister of Information, have led  the public to believe that some real goodies are in order; and after that, the public will offer effusive joyousness in response.

They will, I think if the subject matter that is going to be announced affects them directly and immediately in a positive way. The response from the public will be lukewarm if the subject matter affects them indirectly and inconsequentially. Let us judge the administration on this score.

All week, the public was thinking that PM will announce some measures to be taken by the government that will in substance, increase the efficiency of governance and government. In the end, those measures will translate into immediate increase in disposable income. What possible form can such measures take place? Maybe:- (1) Restructuring the GLCs including Khazanah so that they won't become governments unto themselves. Now that 15000 employees of MAS have threatened industrial action, that shows Khazanah has been doing some cloak and dagger corporate moves. (2) Replacing laggard key government officials with those with abilities (3) removal of structural impediments to transparency and accountability such as removing OSA. (4) Shaking up the institutions that deliver justice and the law such as the police and the judiciary (5) announce stronger measures on corruption including the conviction of the big guns.

Further, things like direct transfer of money (oil money) to the public like what the Singapore government did during its recent general elections. Those states making mountains of money from petroleum royalties distributing money to citizens of the state; Felda Corporation which made lots of money giving out money to Felda settlers, etc., that would be the real goodies that would certainly induce the recipients to jump up in uncontrollable euphoria while proclaiming Najib - you are da man!

We certainly need some substantive liberty enhancing policies from the current administration that would differentiate the Najib administration positively from previous ones.  By liberty enhancing policies, I mean policies that reduce dependency on the government.

There are some economic pressures which the government needs to address that have political ramifications. Inflationary pressures that cause the price of essential goods to rise make people more dependent on the government. More people in the rural areas will depend on the welfare department for assistance and when given, obliges them to be loyal to the benefactor. So what does a desperate government do? Maybe even condone the price increase. We are happy to note the administration is doing everything possible to contain the inflationary pressures.

Maybe the scrapping off of the 50 over Billion MRT into improved transport system that is more public friendly, maybe the setting of a ceiling price for houses in the city so that lower income and middle income earners can work and stay in the city. Instead they have to look for houses in the outskirts of town while the city is reserved for the selects. Or maybe some form of a Buffet tax on the superrich. Or maybe the dismantling of Khazanah and all shares transferred to Amanah Saham Nasional or ASB.

Compared to the announcement involving the ISA and the Printing and Presses Act, government actions on those would be more impactful. But isn't prosperity predicated on the removal of shackles and chains that perpetuate un-freedom? I am using the term un-freedom to define freedom and liberty as a state of being free from the arbitrary force and coercion of others. Yes it does- but the emancipation potential arising from the more down to earth policies could achieve the desired effects of freedom and liberty much more and faster.

The ululating responses would of course make the Minister of Information look good and perhaps ensure one last hurrah as a cabinet member? It would be unfair for me to harbor misgivings aforethought.

The desired responses were forthcoming. Everywhere PM Najib was declared a revolutionary and a bold PM. Rais Yatim must be beaming like a Cheshire cat.  PM Najib is really Optimus Prime- the chief transformer. I have forgotten the never ending list of acronyms. Maybe the APCO people can issue a definitive list signed by Idris Jala of course.

After the speech and announcement, the euphoria was I think premature. The subject of his bold and revolutionary steps to enhance governance and credibility of his administration are the ISA ad the Printing and Presses Act. Important as they are, I think their impact on governance enhancement and thereafter productivity is outstretched and indirect. The good intent of abolishing the ISA appears to be blunted by the forewarning that 2 new acts will replace the ISA. A person arbitrarily defined as a terrorist can still be detained without trial in open court. The empowering act of Article 149, the fountain from which springs ISA like enactments is till there and remains the overarching enabling repressive act.

I was thinking of some announcement on measures to improve the quality of civil servants, or some measures assuring the best of civil servants that their effort will be well compensated, or the removal of bureaucratic clogs that prevent transparency, accountability and so forth. Perhaps, if there is full public disclosure we can once and for all determine for example, whether Bangladeshi workers are given citizenship to vote in the coming general elections. Perhaps also, if there is full disclosure instead of OSA, then we can resolve the double speak by the election commission that the final list of voters are with them and that what the public are looking at are outdated voter registers. Why would the updated and current list be withheld from public knowledge? I wouldn't want the Bangladeshi pump attendant to have the same voting rights as I do. How the elections commission can with impunity insult our intelligence by claiming the latest voters lists are meant for internal circulation is beyond any measure of decency!

I was thinking maybe the removal of the OSA - more insidious than the ISA which prevents any public spirited citizen of this country from discovering the rationale of many government decisions on tender awards, on selection process and so on.

Now THAT, I thought would have more far reaching impact on the voters.

READ MORE HERE

 

I will not respond

Posted: 18 Sep 2011 06:37 PM PDT

It has always been the 'benchmark' that a leader who does not respond to an allegation is an indication of guilt. This is most unfortunate because a person must be assumed innocent unless and until proven guilty. But in politics, and in the court of public opinion, a person is assumed guilty unless proven innocent. This is the same argument I have used many times against Najib with regards to the allegation of his involvement in the Altantuya case.

NO HOLDS BARRED

Raja Petra Kamarudin

Sex in the oval office: Clinton will not respond

I am President of the United States, and there is no writ that runs against me other than a summons by Bill of Impeachment from the House.

I will not respond to the Paula Jones suit until I have left office; if that results in a default judgment against me, so be it. I will not respond to a summons from a Grand Jury. I will not respond to a summons from a Special Prosecutor.

Mr. Starr may question my staff, who are after all officers of the United States; but I am the Chief Executive and head of the Executive Branch, and thus equal to the Judiciary and the Congress.

The Constitution provides a mechanism for calling to account a duly elected President. It is call impeachment. If that is the will of the House, so be it. Until then, direct your inquiries elsewhere since I will not respond.

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Photo with Altantuya: Najib will not respond

(Malaysiakini) - Deputy Premier Najib Abdul Razak would not be responding to alleged claims that he was pictured seating on the same table as murdered Mongolian woman Altantuya Shariibuu.

His press secretary Tengku Sarifuddin Tengku Ahmad said Najib would not issue any new statement on the claims by Burmaa Oyunchimeg, 26, during the ongoing murder trial of her counsin Altantuya.

"I wish to make it clear that the deputy prime minister had on several occasions when interviewed by the media previously and during the Ijok by-election had said that he had never met and known Altantuya and was not involved in the case."

"As such, the issue over the picture does not arise," Tengku Sarifuddin told Bernama today.

The picture in question was raised by Burmaa, who claimed that Altantuya had once shown her a photograph of the deceased together with Abdul Razak Baginda, one of the accused in the trial, along with one government official known only as "Najib Razak". 

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New video with Eskay: Anwar will not respond

(Malaysiakini) - Opposition Leader Anwar Ibrahim has refused to comment on allegations by an Umno-friendly blogger that he has further video evidence to implicate the PKR supremo in a sex scandal.

Anwar, who looked calm when answering journalists, said he would not entertain such questions.

"Any issues regarding morality, alcohol, gambling, vice, cruelty, slander or saying (about) a bad character of a person I will not entertain, and refuse to answer," he said.

Later Anwar clarified to Malaysiakini that it is not that issues of morality are not important.

"Is it proper for those involved in corruption, murder, or consume alcohol to make such accusations and talk about morality?" he asked.

At his side was his wife and PKR president, Dr Wan Azizah Wan Ismail.

 

Kedah Pakatan deadlocked in seats talks

Posted: 18 Sep 2011 05:10 PM PDT

The uncompromising attitude of the top guns forces opposition supremo Anwar Ibrahim to announce that the national leadership council would now deliberate on the allocation of seats.

(Free Malaysia Today) - Things are looking bleak for Kedah Pakatan Rakyat after discussions on the 36 seats allocation among its three partners for the next general election reached a deadlock.

Rocked by the ill-health of Menteri Besar Azizan Abdul Razak, which led to speculations of a stand-in leader, the alliance is now treading on thin ice because of uncompromising leaders.

Although the power of incumbency would likely give Pakatan an advantage over Barisan Nasional if the PAS-led state government agrees to dissolve the State Legislative Assembly and call for a state election, several Kedah leaders, it seems, are not on the same page.

Even the presence of Opposition Leader Anwar Ibrahim yesterday failed to dissuade state Pakatan leaders to strike a compromise.

An insider privy to the discussions said: "We have yet to touch on the sensitive aspects of who would be our candidates and we are stuck about which party should contest where.

"We must move away from these protracted disagreements since an election is looming," the insider added, who preferred to remain anonymous.

He also said that Anwar was visibly upset when he was informed about the lack of progress in the state-level discussions.

"Kedah Pakatan must get its act together as there are many cliques around Azizan who is seen to be more of a polarising figure rather than an accommodative one," said the insider.

Anwar, who later held a press conference, said that Pakatan's national leadership council would now deliberate seats allocation in Kedah since its leaders cannot reach an outcome.

It is learnt that the main contentious issue is the demand by DAP for more seats while PAS is unwilling to sacrifice some of its seats to PKR as it regards itself as the dominant party here.

"Both parties (PKR and DAP) gave their reasons for wanting the seats," Anwar said, before his surprising announcement that the final decision on seats allocation would only be formally announced once the general election is called for.

DAP pushing for more seats

Among the several contentious issues in the state is the question of whether PAS would endorse Azizan as the man to lead Pakatan since there are concerns about his failing health.

There is also the trust factor among the three parties after four PKR leaders defected and also consolidating its territories in Kedah's southern part (Kulim and Sungai Petani), where there is resentment towards Pakatan due to a lack of macro-economic activities there.

There is also the lack of a two-thirds majority in Kedah, as out of the 36 state seats here, Pakatan only has 20, BN 14 and there are two Independents in Lunas and Bakar Arang state seats respectively.

READ MORE HERE

 

Najib enggan akui kesilapan - Pak Samad

Posted: 18 Sep 2011 04:08 PM PDT

(Harakah Daily) - Sasterawan Negara, Datuk A. Samad Said mempersenda pengumuman Perdana Menteri, Datuk Seri Najib Razak untuk memansuhkan Akta Keselamatan Dalam Negeri (ISA) yang disifatkan sebagai "tidak mengakui kesilapan kerajaannya".

A. Samad yang juga dikenali sebagai Pak Samad berkata, amat malang apabila BN khususnya Najib masih enggan mengakui bahawa pengumuman pemansuhan itu hasil desakan rakyat khususnya anak muda yang mahukan perubahan demokrasi.

"Selama 54 tahun mereka tak terfikirkan pun ISA itu harus dikikis. Tiba-tiba sahaja mendapat ilham, dan tidak mengakui bahawa ini adalah desakan daripada kelompok antaranya anak muda bahawa kita sudah tidak tertahan lagi.

"Perdana Menteri pun dua tiga hari ini mengumumkan...oh, kami...kami sahaja yang meluruhkan ISA tapi tidak diceritakan kerana desakan-desakan itulah yang mendorongnya untuk merubah. Kalau tidak ada desakan-desakan itu, saya tidak fikir (ISA dimansuhkan) kerana itu adalah alat yang sangat bermanfaat untuk menekan (rakyat)," katanya.

Beliau berkata demikian sewaktu berucap merasmikan pelancaran buku Puisi Jadi Senjata yang memuatkan himpunan sajak anak muda sookoong A. Samad Said dan Bersih 2.0 di Dewan Annex, Central Market, dekat sini, semalam.

Pak Samad yang merupakan antara pemimpin Gabungan Pilihan Raya Bersih dan Adil (Bersih 2.0) menghadap Sultan Mizan untuk merundingkan Himpunan Bersih 2.0, 9 Julai lalu juga tidak menafikan puisi anak muda ini turut mempengaruhi tindakan Najib.

"Apa yang dilakukan ini sebenarnya satu keberanian, satu pernyataan yang akhirnya antalogi ini masuk dalam arus massa Perdana Menteri untuk mengumumkan penghakisan ISA.

"Itu saya fikir satu kemenangan yang baik, dan tentunya Perdana Menteri tidak akan mengakui itu. Tapi mahu tidak mahu, ini adalah satu jalur yang menggerakkan dan kemudian menjadi sungai yang besar mengasak, dan itulah yang berlaku," katanya di hadapan kira-kira seratus hadirin, majoritinya golongan muda.

Seni senjata anak muda

Menyifatkan seni khususnya puisi sebagai 'senjata' berkesan untuk menyedarkan pemerintah, Pak Samad mahu antalogi ini disebarluaskan ke serata negeri untuk menyampaikan maklumat kepada masyarakat.

"Saya mengharapkan bahawa puisi ini tidak hanya bergerak di Kuala Lumpur,  tetapi tentunya ada teman lain di Negeri Sembilan, Johor, Pahang, Perak,  Kedah dan Pulau Pinang.

"Walaupun dalam bentuk kecil-kecilan, pergerakan menyatakan bahawa seni itu senjata sangat penting.

Sambil menyatakan rasa bangga terhadap usaha anak muda menerbitkan antalogi ini, Pak Samad berkata suara anak muda yang diterjemahkan melalui seni mampu merubah keadaan negara berbanding orang tua yang sudah selesa dengan kedudukan mereka.

"Yang sudah-sudah orang mengatakan seni itu hiburan sahaja, main-mainan sahaja. Tapi di tangan anak-anak muda, puisi menjadi senjata.Saya amat berbangga

"Saya sangat yakin hanya suara anak muda sahaja akan merubah. Orang tua ia sudah bersikap, maksudnya dia tidak mahu diganggu. Tapi yang benar sekarang ini ialah dunia anak muda. Bukan dunia saya lagi," katanya.

Beliau turut mengingatkan anak muda agar tidak terus membiarkan kuasa zalim terus membelenggu rakyat namun harus menghapuskannya melalui undi dalam pilihan raya akan datang.

"Saya harap suara muda ini membenihkan suatu keazaman untuk regim change. Kalau tidak, bermakna andalah yang membenarkan suatu kuasa itu berterusan dan jangan salahkan orang-orang tua, salahkan diri anda sendiri.

"Saya mengharapkan anak muda tidak hanya menggunakan sajak sebagai senjata tapi menggunakan undi juga sebagai senjata yang sangat bermanfaat," pesan beliau yang mula menjadi ikon anak muda sejak lantang menyuarakan bantahan terhadap sikap kerajaan BN melalui karya dan turut turun ke jalanan berdemonstrasi.

 

Zaid’s apple-polishing act upsets Kita

Posted: 18 Sep 2011 03:58 PM PDT

Zaid's apology to Najib has been viewed within his own party as a big mistake and also questions the party's the third force stance.

(Free Malaysia Today) - The public apology by Kita chief, Zaid Ibrahim, to Prime Minister, Najib Tun Razak, over the latter's decision to abolish of the Internal Security Act (ISA) has distressed the party's state leadership.

On the eve of Malaysia Day, Najib announced that the ISA would be repealed, three emergency proclamations would be lifted and the Printing Presses and Publications Act (PPA) would be reviewed.

The next day Zaid apologised to Najib for the "gross mistake" of underestimating his will to abolish the ISA as well as hailed him as a "worthy prime minister".

But Kita state chiefs were dismayed by what they viewed as an act of irrelevant apple-polishing that could call the party's allegiance and neutrality into question.

Negri Sembilan state chief, R Sri Sanjeevan, bluntly said that Zaid's apology has stripped him of self-respect and dignity.

"Zaid should have issued a supportive statement instead of an apology," he said. "Now not only has he lost his dignity but also displayed disrespect for the party."

"We joined Kita because we were told that it wasn't inclined to either BN or Pakatan. Zaid's statement has thrown that into doubt and the grassroots have interpreted it as his attempt to get into Najib's good books for an ulterior motive."

Penang state chief and Nibong Tebal MP, Tan Tee Beng, said that Zaid had never called for a meeting with the central and state leadership prior to making this statement which he believed should have been of a congratulatory nature rather than an apologetic one.

"There is a very strong possibility that it will be misinterpreted," he said. "We are trying to portray a third force and the people could accuse Zaid of taking on a pro-BN role now."

READ MORE HERE

 

ISA, Don’t Count Your Chickens Before They’re Hatched

Posted: 18 Sep 2011 03:53 PM PDT

FINANCE TWITTER

In what seems to be one of the most dramatized acts by Malaysian Prime Minister Najib Razak to swing middle-class voters in the coming general election into his camp, the premier raise some eyebrows when he announced that the cruel 1960 ISA (Internal Security Act)  and Emergency Ordinance, of which allow for indefinite detention without trial, would be repealed (*yawn*). However both would be replaced by two "new" laws supposedly against suspected militants. Obviously this is another rebranding exercise hoping to swing less intelligent voters from the opposition camps.

Heck, the sudden announcement caught many by surprise, even by huge crowds within the opposition. Hence one has to admit the latest move by PM Najib deserves some compliments – it was one hell of a good political advertising, tactical speaking. The opposition parties were in total chaos on how to react to such a brilliant political move by the ruling government. If PM Najib were to announce such move on the same day as budget day next month, he's almost guaranteed of the lost two-third majority. Hold on a second! Didn't Najib promised political and economic reforms in 2008 but the people have yet to see or at least feel the substance?

You really need a Einstein to explain why in the world would the ruling government abolish both laws, which had help the present government in suppressing and oppressing peoples' basic freedom rights, particularly the opposition, for as long as one can remember. On the surface, it seems Najib administration has finally admitted something needs to be done in relation to the recent Bersih 2.0′s brutal crackdown. At least Najib recognizes the potential loss of more than 200,000 votes from the young generation, if the number of Facebookers asking for his resignation is anything to go by.

READ MORE HERE

 

Forget ISA abolition, zero-in on electoral reform

Posted: 18 Sep 2011 03:36 PM PDT

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

By Kim Quek

Prime Minister Najib Razak's stunning announcement of his intention to repeal the abominable Internal Security Act (ISA) as well as the three archaic Proclamations of Emergency has brought much excitement to a country long struggling to rid itself of repressive rule.

Najib said in a much anticipated speech delivered on the "historic night" of Sept 15 (as he himself described) that the lifting of these repressive legislations was meant to meet the "aspiration of the people for a more open and dynamic democracy, …..so as to be at par with other democratic systems in the world".

The immediate emotional impact of such a momentous announcement must be one of exhilaration and euphoria for many – we are now finally on the path to regain our long lost democracy!

But are we?

OLD WINE IN NEW BOTTLE?

In the same breath as Najib announced the good news, he said new legislations will be enacted – an anti-terrorism act and a public order law - under the umbrella of Article 149 of the Federal Constitution to combat subversives and organized violence, so as to preserve public order and security.

But isn't this the same umbrella Article 149 that gave birth to the detestable ISA?

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

Article 149 was written in such a way that it virtually gives the dominant party in parliament  a blank cheque to write whatever autocratic law whenever it desires, as the grounds upon which such law can be enacted encompass a wide range of vague justifications – grounds such as any actual or threatened action that may cause citizens to fear organized violence, or to excite disaffection against government, or to promote ill-will among races, or prejudice the functioning of public service or supply, etc.  

With such licence to create autocratic legislations, can Umno resist the temptation to fashion the new anti-terrorist laws after its repressive impulse for self-preservation? Considering Umno's notorious record of contempt for the sanctity of law, as reflected in its cavalier attitude in amending the Constitution for political expediency – having made more than 600 amendments to the Constitution in the short period of the country's independence – the answer must be an emphatic no.

NO CHANCE OF FAIR IMPLEMENTATION

Even in the unlikely event of Umno managing exceptionally to enact the replacement security laws in accord with the democratic spirit of our Constitution on this occasion, there is still the huge question of whether Umno is capable of implementing these laws with fairness and equity.

In this respect, we recall that when the ISA was enacted in 1960, our first prime minister Tunku Abdul Rahman gave the solemn pledge in parliament that the vast power of ISA would only be used to curb the communist insurgency, and would never be used to suppress political opposition. 

But we all know that the ISA detention center at Kamunting has played host to such distinguished "guests" (detainees) as Anwar Ibrahim, Lim Kit Siang, Mat Sabu, Karpal Singh, Lim Guan Eng (among thousands of others). Does anyone in his right mind believe that any of them could have been a communist or a subversive?

It is an undeniable fact that the history of ISA is a mirror of the relentless abuse of draconian power by the Umno led regime to oppress opponents and silence critics. Instead of using the ISA as a weapon to combat the communists as pledged, ISA has been turned into Umno's potent instrument to keep its hegemony intact all these decades.

Umno is now facing unprecedented challenge to its political survival. Are we to believe that it will give up this potent weapon at this most vulnerable moment of its existence?

What Najib is effectively tellings us is that the anti-communist law (ISA) will now be replaced by anti-terrorist law. 

Since both laws derive from the same root (Article 149), have the same power of preventive detention, exercised by the same political masters, and implemented by the same institutions (police, attorney general and judiciary), which now enjoy even less public confidence than in the past, why should one believe that history will not repeat itself? 

If an anti-communist law has been persistently and unhesitatingly abused to blunt opposition challenges in the past, why should we believe that the new anti-terrorist law will not be similarly abused now that Umno is struggling desperately for its political survival?

GENUINE REFORM UNLIKELY

Even if Najib is serious about these changes this time, as he may have been persuaded to adopt this course as the best way to recoup the middle ground support he lost in the recent Bersih rally debacle, obstacles ahead abound.

For a start, Najib appears to have acted in isolation, as two key players seem to have been left out of the loop. Neither his deputy Muhyiddin Yassin nor Home Minister Hishamuddin Hussein – and by extension, the cabinet – seem to have participated in the decision-making process.

The hardliner Home Minister, who is responsible for implementing the security laws, expressed ignorance, when reporters asked him about rumours of a pending repeal of ISA only two days before Najib's speech.

While Muhyiddin, speaking at a Merdeka-Raya event in Nibong Tebal, Penang on Sept 17, said that Najib's announcement was "unexpected and radical", but he quickly added that Najib's speech was "bold and courageous". He went on to praise Najib for moving with the time and assured the people that the changes were meant for the good of the people.

Such expressions of "surprise" and "praise", coming after keeping mum for two days, give a lot of food for thought.

A reasonable interpretation is that the staunchly conservative and increasingly more powerful deputy leader of Umno cum deputy prime minister was not happy with such a "radical" move, but pragmatism dictates that he must not show it.  Instead, he must have decided over the two days of contemplation to turn an apparently unhappy  event into advantage by riding on this new wave of "democratic reform" to reap maximum support at home and abroad, without the slightest intention to let go of Umno's repressive grip. After all, there is still ample opportunity to keep Umno's draconian power intact during the legislative as well as the implementation stage.

Indeed that seems to be the case, as unmistakably signaled by Muhyiddin when he pointed out that the new security laws will prioritize security over human rights, when answering query whether there would be true reforms with the introduction of two new security laws.

Without the prior consultation and support of Umno's top guns for genuine reforms, and with Najib's miserable record of flip-flops whenever opposed by conservatives, it is almost a foregone conclusion that there will not be true reforms whether there is or isn't repeal of current repressive legislation.

ELECTORAL REFORM TOP PRIORITY

The real danger to true reformists lies in the false propaganda that can be generated from this new development, considering the immense power of BN's propaganda machinery, which encompasses all newspapers and all TV channels. 

Among the casualties of such false propaganda would be the Bersih 2.0 movement for electoral reform, as euphoria so created may deflate the immense momentum generated by the recent Bersih rally.  It may even cripple Bersih's capacity to rally another mass demonstration, if substantial section of the middle ground is doped into cherishing such false hope of democratization.

And Bersih rally 3 looks inevitable, in the light of alarming increase of discovery of frauds in the electoral roll, against the back drop of a reluctant BN to institute real reform. 

This new menace of apparently systemic infestation of phantom voters in the electoral roll, unless effectively checked now, can snowball into something like 'Project M' (M stands for Mahathir) which had singularly propelled Umno to political dominance in Sabah in the Nineties.

We are therefore landed in the dire state of having to face new trouble spots while resolution of old issues is not in sight yet.

It is therefore imperative that we redouble our effort to press for swift and effective measures to rectify the current electoral flaws, and not allow ourselves to be unnecessarily distracted by Najib's new initiative over democratization.

Top priority must always be electoral reform, as it holds the key to a fair chance of winning the right to administer the country.  Without the mandate to rule, all talks of reforms will be in vain.

 

Sodomy II: Wrong conclusion in chemist's report, DNA expert testifies

Posted: 18 Sep 2011 02:33 PM PDT

By Reena Raj, The Star

KUALA LUMPUR: The report by chemist Nor Aidora Saedon wrongly concluded that it was a single profile DNA found on a towel she examined, Australian DNA expert Dr Brian McDonald told the sodomy trial of Datuk Seri Anwar Ibrahim here.

The fourth defence witness, who resumed his expert evidence Monday, said Nor Aidora and another chemist, Dr Seah Lay Hong, had contradicted the Chemistry Department guidelines as they did not report that there was a mixed profile DNA.

Dr Seah examined all the swabs taken from complainant Mohd Saiful Bukhari Azlan and Nor Aidora tested a towel, toothbrush and mineral water bottle obtained when Anwar was detained.

Anwar has claimed trial to sodomising Mohd Saiful at a condominium in Bukit Damansara here on June 26, 2008.

More to come

Ex-MAS chairman negotiating for settlement in suit against news portal

Posted: 18 Sep 2011 02:31 PM PDT

By M Mageswari, The Star

KUALA LUMPUR: Former Malaysia Airlines executive chairman Tan Sri Tajudin Ramli is negotiating with the publisher of online news portal The Malaysian Insider and two others for a possible settlement in his RM200mil defamation suit against them.

The parties informed High Court judge Justice Harmindar Singh Dhaliwal in chambers here Monday over the possible out-of-court settlement.

Lawyer Lim Kian Leong acted for Tajudin while lead counsel George Miranda represented the defendants.

Speaking to reporters later, Miranda said that the parties were in negotiation to work out a settlement.

"We will inform the judge on Sept 28 whether the parties have reached any out-of-the-court settlement," added Miranda.

Lim also confirmed this to the media after the suit was called for case management for the first time.

Tajudin had named The Malaysian Insider Sdn Bhd, its chief executive officer/editor Jahabar Sadiq and reporter Shazwan Mustafa Kamal as defendants in the suit filed on Aug 18.

Pakatan Sarawak eyeing all 31 MP seats

Posted: 18 Sep 2011 02:24 PM PDT

By Joseph Tawie, FMT

KUCHING: Pakatan Rakyat Sarawak will contest all the 31 parliamentary seats in the 13th general election.

The final list of seats to be contested by DAP, PKR and PAS – which are members of the Pakatan coalition – will be made known on Oct 2 when the three meet for the second time.

"We can only tell you on Oct 2. By then we can tell you which party will contest in which constituency," Sarawak DAP chairman, Wong Ho Leng, said after chairing the first meeting on seat allocation yesterday.

PAS was absent at the meeting as its leaders were away attending courses in Peninsular Malaysia.

"We have very minimal overlapping of seats with PAS, so there should be no problem," added  Wong.

DAP is eyeing between 10 and 15 seats including some rural or semi-urban seats.

Sarawak PKR chief Baru Bian said the three parties are confident that the overlapping of seats will be solved soon.

"The coming general election is very crucial for Pakatan and it is vital that we decide on seat overlapping claims.

"We have agreed on certain seats, but there are a few that need further discussions," Bian said.

Smoother negotiations

Bian said that negotiations were moving fast and that talks on seat allocations for the general election were going smoother than for the state election.

"The negotiations are going very well," he added.

PKR has expressed interest in 12 to 15 seats subject to negotiations with the other Pakatan partners.

"We too have minimal overlapping claims with PAS," he said.

Earlier, Wong said that the three parties are quite certain that the general election is around the corner, especially after Prime Minister Najib Tun Razak had announced the repeal of the Internal Security Act and the amendments and reviews of other draconian laws.

"The bell is ringing, and Pakatan must conclude negotiations in earnest…

"We have for the first time sat in Kuching and have reached agreement on certain seats, but there are still some overlapping claims…

"We will give you the full list on Oct 2 when we meet again.

 

READ MORE HERE.

Kredit: www.malaysia-today.net
 

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