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Malaysia Today - Your Source of Independent News

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• Dr M to minorities: Make sacrifices to prevent ‘discontent, rebellion’ of majority
• ‘Khalwat raids against Islamic principles’
• SYA Open Letter to Mr Liow Tiong Lai – Part 1
• Malaysia's non-trickling down economy
• Malaysia Losing Talent Battle To Singapore
• Smash-and-grab gang members shot dead after car chase
• Waytha Moorthy has proven his mettle
• Home Minister Zahid Hamidi must be arrested and prosecuted
• Anwar: BANTAH atau tidak?
• Money for nothing
• Comparison of Police Powers of Arrest in Malaysia and the United Kingdom
• Talk big, do little
• NGOs to hold anti-TPPA protest on Friday
• No Tiga Line thugs in police lockup
• Guan Eng mum on Malacca duo's resignations, says yet to get letters
• DAP facing full-blown crisis
• Sabah Mufti to face native court
• Umno dan kebangkitan liberal Malaysia
• Save the nation, ban Umno elections
• HRW wants Najib to act against Zahid
• Can PAS galvanise the Malays?
• ‘Tunnel inconsistent with DAP’s green stance’
• Anwar tight-lipped on PKR presidency
• Kalau nak berkempen kena adalah sedikit 'decorum'
• Umno Leaders and Their Racist Hatespeak
• Royal Commission of Inquiry into police killing based on the recent admission by the Home ...

Dr M to minorities: Make sacrifices to prevent ‘discontent, rebellion’ of majority Posted: 09 Oct 2013 01:45 PM PDT   (MMO) - Malaysia's minority groups must make "little sacrifices" to spread the distribution of wealth among all races, Tun Dr Mahathir Mohamad said today, backing the extension of a national policy favouring the dominant Bumiputera community. The still-influential former prime minister threw his weight behind Prime Minister Datuk Seri Najib Razak who announced last month the New Bumiputera Economic Agenda, saying such a policy was needed to ensure long term stability. The 88-year-old also said it was important for the country's minorities to embrace the policy and "make little sacrifices" to prevent inciting discontent among the majority race, a statement seemingly referring to the 1969 May 13 race riots. "I read in the papers this morning that people are accusing Datuk Seri Najib of returning to favour the Bumiputeras (sic). I would like to say that is not the case, it is about creating equitable wealth among the races," Mahathir said in his speech during a visit to the construction site of the Mass Rapid Transit (MRT) rail central station in Cheras here. "If not this will bring about discontent and rebellion from a certain race, much like what we have seen in the past..so it is better to make little sacrifices to correct the imbalances. This will be good for long term stability". - See more at: http://www.themalaymailonline.com/malaysia/article/dr-m-to-minorities-make-little-sacrifices-to-prevent-discontent-rebellion-o#sthash.Vym8XmzR.dpuf Read more at: http://www.themalaymailonline.com/malaysia/article/dr-m-to-minorities-make-little-sacrifices-to-prevent-discontent-rebellion-o

‘Khalwat raids against Islamic principles’ Posted: 09 Oct 2013 01:34 PM PDT   (FMT) - State religious department raids, done in the name of Islam is against the very principles of Islam in the first place, says an ex-mufti. For years, state Islamic department officials have been raiding clubs, hotels and private homes to catch Muslims committing khalwat. These officials have indirectly caused the death of people, stripping top officials of their positions and even mistakenly nabbing happily married couples. Last month, two Pahang footballers were caught by the Pahang Islamic Religious Department on suspicion of having committed khalwat with a woman each in a hotel. Speculation is rife that one of the women was a young Malay actress. Typically, these type of religious raids get splashed onto the front pages of local tabloids, and the perpetrators, like the footballer and actress, become gossip fodder for Malaysians everywhere. Yet, ironically, this act of snooping, spying, naming and shaming done in the name of Islam, and paid for by taxpayers, is against the principles of Islam in the first place, as former Perlis mufti Mohd Asri Zainul Abidin points out. "Yes, Islam forbids khalwat and adultery. But Islam also forbids exposing people's personal wrongdoings. "It is not your responsibility to snoop around and uncover people's wrongdoings," Asri told FMT. The renowned Muslim scholar has for years been a staunch critic of khalwat arrests and raids, even while he was a mufti from 2006 to 2008. "Such activities give the impression that Islam encourages invasion of privacy, which is not true," said Asri. Read more at: http://www.freemalaysiatoday.com/category/nation/2013/10/10/khalwat-raids-against-islamic-principles/

SYA Open Letter to Mr Liow Tiong Lai – Part 1 Posted: 09 Oct 2013 01:22 PM PDT   We all knew it was a Chinese tsunami and no matter who became the MCA President during General Election will also need to face this defeat. We all knew exactly that way before General Election it is already a prediction that both side of political thinks tanks and researcher already calculated that MCA is capable of winning less than 5 seats and even being wipe out and end up with zero. SYA  After the 13 general election ,  MCA is at their weakest moment for just having winning 7 parliamentary and 11 state seats. It is sad to see that MCA Deputy President which is you Mr Liow Tiong Lai choose to ask your comrades to strike on 06.05.2013 for your personal ambition. MCA do not even have a chance to call for a Presidential Council meeting to discuss about the outcome of the election and those who are supporting you already take the opportunity to pressure Dr Chua Soi Lek to step down. And all this just happen just one day after 05.05.2013 (13 GE) and when all the entire MCA leaders, members and supporters do not even have a enough time to take a  deep breath of what had just happen and you had directly or indirectly leading them into another War which is the internal war. Is the position of becoming the MCA President is that important when you are already the Deputy President of MCA? Is it so important that you willing to sacrifice your own party (MCA) unity and stability for your personal ambition and gain? Please do not tell us that you wanted to transform MCA and therefore you choose to run for the Presidency. Action speaks louder than words. Your actions speaks otherwise. For being a no 2 man in MCA and you can even stab and strike your No 1 for your own personal ambition. A good leader will never stab anybody from the back. We all knew the true reason for MCA defeat have nothing much to do with the MCA current President. We all knew the facts that you may or may not be involving in setting up Dr Chua Soi Lek video was never an issue during the General Election. We all knew it is a matter of facts that MCA political opponents which is DAP is giving a lot of false hope to the Chinese community is part of the reason MCA suffered badly. In addition, we also knew exactly that all the dirty political propaganda, manipulations and deception to incite anger and hatred among the Chinese community is carefully executed by DAP over the time. We also knew the facts that SUPP and GERAKAN which is another Chinese base political party did 7 times worst than MCA even they only won 1 parliamentary seat. We all knew it was a Chinese tsunami and no matter who became the MCA President during General Election will also need to face this defeat. We all knew exactly that way before General Election it is already a prediction that both side of political thinks tanks and researcher already calculated that MCA is capable of winning less than 5 seats and even being wipe out and end up with zero. Having said that, if it was not Dr Chua Soi Lek who is the MCA President during 13th General Election then the probability of winning lesser than 7 seats is very high. As for you Mr Liow Tiong Lai that if you are still a person with a clear Conscience then you just knew the facts Dr Chua Soi Lek is a hardworking man that have done everything he can to fight this battle. You knew exactly the facts that he was the only MCA leader who travel around the country for the last 3 years none stop to help MCA in everything that is within his ability to fight DAP. You end up still chose to put the blame on Dr Chua for MCA defeats in the General Election when the rest of the political party like Gerakan, MIC, and PPP party No 2 never take this 13 General Election defeats to push to blame to their No 1 and pressure them to step down. They know it is more a soul searching moment for their entire political party rather than blame game moment. They know how to point their bullets outwards to highlighted the facts of all the deception, manipulation and lies that Anwar , Red Bean Army and DAP is playing to incite hatred and anger among the non Malay community. You are the only leader and politician in entire Barisan Nasional after May 13 who choose to point the bullet inwards to pressure your own party No 1 to step down. Ask yourself again is it really for the betterment of MCA or it is actually all about your own personal selfish interest? Read more at: http://1sya.com/?p=7771

Malaysia's non-trickling down economy Posted: 09 Oct 2013 01:04 PM PDT   Polarisation on the ethno-religious line is no longer the only dividing trench among Malaysia's diverse population. The economic divide is splitting the population apart too. Some would simplify it into the urban-rural divide after the rather divisive election results, but as the population of the urban poor expands, being urban in the future will no longer come with the crown of wealth and sophistication the word usually implies.  Nicholas Chan, fz.com  AS an non-economist, or as the euphemism would suggest, the layman economist, any attempts to discuss about the subject, especially in front of a learned audience, is bound to be turned into a self-shaming exercise.    For example, I find myself to be quite fond of the term "trickle-down economics" and have been delightfully using it to describe the sort of economy I think Malaysia would be fit for. A social market economy that is bottom-up (which means a larger consumer and tax base), slightly leftist but with a penchant for innovation and other market factors.   It is only until much later that I found out (in horror) that the term "trickle-down economics" is far from the utopian connotations I ascribed it with.    The original idea of the term that is constantly associated with the neo-conservatives is that by giving tax breaks or other economic benefits to the rich – businesses, entrepreneurs and investors, these capitalists will be encourage to increase their investment and productivity in the market, and thus benefiting the largesse through secondary effects (the trickle down), or simply said, the expanded economic pie.   It might sound good in writing but the 2008 financial crisis has since shone the word in a rather pejorative and ironic light. The Americans, or I would argue, the world has slowly come to the realisation that even when the economic pie is expanded significantly, the trickle is just too little for the lower masses to even taste a drip.    The Occupied Movement is the epitome of this, arguing the perceived injustice of America's 1% holding more than 30% of the nation's wealth while the 20% holds more than 85% of it.    The financialisation (I am not sure if this is a new term, but I swear I have read it in TIME magazine) of the US economy has been proven to be a tumour to the economy as banks have grown to be "too big to fail", while Wall Street's huge grapple over the economic does not help in the nation's recuperation process.    It simply does not generate as much jobs as the nation needs, when it is struggling to cope with an 8.0% unemployment rate (it was maintained at 5-6% pre-2008).  Read more at: http://www.fz.com/content/malaysias-non-trickling-down-economy

Malaysia Losing Talent Battle To Singapore Posted: 09 Oct 2013 01:02 PM PDT   (Value Walk) - How can Malaysia support advanced industries without the talent necessary for those industries to grow?  Brain drain has been a huge issue for Malaysia over the last several years. Now a new index released by the World Economic Forum shows that Malaysia is at risk of slipping even further behind, despite recent efforts to attract and retain talent. Singapore's labor force is now ranked as the third best labor force in the world, according to a combination of education, employment, health, and enabling factors. Malaysia's workforce comes in at a respectable 22, but still lags behind its long-time rival, Singapore. With Malaysia trying desperately to increase the quality and productivity of its workforce, this news suggests that the country has a long way to go. Singapore's economy is far more advanced than Malaysia Singapore's economy is far more advanced than Malaysia's and in fact is one of the most developed economies in the world. From high-end manufacturing, to cutting edge pharmaceutical research, the Singapore economy is at the forefront of many industries. This has helped the island nation generate numerous high-paying jobs and opportunities. With a native population of only 4 million people, however, Singapore has long relied on attracting foreign talent to fuel its economy. One of the key sources of this foreign talent has been Malaysia. Singapore can offer higher wages and arguably a higher quality of life to Malaysians willing to cross the short causeway to live and work in the city-state. A combination of Malaysian affirmative action policies also encourages Malaysians of Chinese and Indian descent to leave Malaysia in search of better opportunities. And Singapore often ends up receiving the best of Malaysia's talent looking to move abroad. This news is especially troubling at a time when Malaysia is trying to avoid a middle-income trap. The Malaysian economy has grown at a strong clip over the last several decades, growing, on average, in access of 5 percent. This growth, however, has relied on infrastructure development, commodities, and other low-value added sectors. Further, in order to keep prices for commodities and other products low, Malaysia has long relied on the import of cheap labor from Indonesia and elsewhere. Read more at: http://www.valuewalk.com/2013/10/malaysia-losing-talent-battle-to-singapore/

Smash-and-grab gang members shot dead after car chase Posted: 09 Oct 2013 12:32 PM PDT   Suspected criminals have nothing to lose now but to keep shooting as the police apparently have a shoot to kill policy (The Star) - Two of the robbers were still firing away when one of them was gunned down  Three smash-and-grab gang members were gunned down during a shootout near the Sentul toll plaza on the Duke Highway. The three had earlier been in a 60km high-speed chase with police in South Klang. The drama began when a team from the Selangor police serious crime division (D9) – patrolling under the Ops Banker – spotted the men and their accomplices in South Klang at about 11.30am yesterday. Three black Proton Wira were seen sandwiching another car while a man on a motorcycle broke a window and snatched the victim's money amounting to RM2,000. A chase ensued with the gang being chased through several urban areas before two of the cars were cornered near the toll plaza. Selangor deputy police chief Deputy Comm Datuk Abdul Rahim Jaafar said the gang members fired several shots at the police. "We had no choice but to fire back, hitting three suspects. They died at the scene," he said, adding that there were no casualties on the police side. DCP Abdul Rahim said the gang's victim – a woman in her 30s – was not hurt during the robbery. He said the dead men were believed to be Indonesians. He said police were looking for other members of the gang as well as the driver of the third car and the motorcyclist. A security guard, identified only as Sundram, 59, said he saw the gang members fire first before the police returned fire. "Two of the robbers were still firing away when one of them was gunned down," he said. A worker at the toll plaza, who only wished to be known as Jai, said he was shocked that a shootout had taken place near his workplace as he had thought the blasts were tyres exploding. "The police then instructed us to stay in the toll booth and duck for fear of stray bullets," he said.

Waytha Moorthy has proven his mettle Posted: 09 Oct 2013 12:22 PM PDT   What could be an interesting turn of events is the Universal Periodic Review (UPR) which is taking place in a fortnight. Naturally Malaysia will be represented by their toothless agencies to justify their human rights records, but I am waiting for the fun when they are bombarded for the antics of this Minister.     Wong Mun Chee    The Deputy Minister Senator P. Waytha Moorthy came under fire from various cabinet ministers when he questioned the manner of the shooting of the five Malaysian Indians.   The call to toe the line was used to crucify him under the pretext of a collective responsibility when these ministers were unable to distinguish between the act and manner of an institution like the PDRM and the role of the executive branch.   The recent speech by the Home Minister Zahid Hamidi on the shoot first order, sanctioning of certain illegal gangs as UMNO friendly and his role in pushing through the PCA bill has definitely cleared the air on the mode of this particular Minister on his selective persecution and reaffirmed the suspicion on the possibility of a shoot first policy on the five Malaysians that were killed in Penang.          Whether his speech was outlandish or not is not the issue, but his boldness and arrogance to the extent he could claim that the recent PCA was his law epitomizes the face of the current administration on how haphazard it is in dealing with race relations in Malaysia, a multicultural nation.   Naturally the rebuking by the opposition is an obvious occurrence but the backlash from the international community is slowly forming its way with the recent release by HRW. See link http://www.hrw.org/news/2013/10/08/malaysia-reject-police-shoot-first-policy. The repercussion from the international community cannot be contained like how it is done by force or blackmail in Malaysia as this Minister had arrogantly stated that he will shut down any media that reports it.     Our hillbilly Minister in his Emperor's new clothes does not realize the gravity of his statement and the outreach on the international scene.      What could be an interesting turn of events is the Universal Periodic Review (UPR) which is taking place in a fortnight. Naturally Malaysia will be represented by their toothless agencies to justify their human rights records, but I am waiting for the fun when they are bombarded for the antics of this Minister.     The silence of the other Ministers within the cabinet is not surprising but I guess that is what you could call a collective responsibility of an insane government of the day that they intend to chart their 1Malaysia concept for the citizens.   If such a moronic statement can have the obeisance and obedience of the other seasoned fellow Ministers in the cabinet, it would be rather wise to have rookie government leaders like Senator P. Waythamoorthy who can exercise the wisdom and maturity in exercising civic consciousness in a responsible manner.          Thank you.

Home Minister Zahid Hamidi must be arrested and prosecuted Posted: 09 Oct 2013 12:17 PM PDT   His statement disregards and disrespects the tragic deaths of many innocent Malaysians and their long suffering families, such as Aminulrasyid, the Glenmarie Trio, the Cheras Trio, Dinesh Dharmasena and Pua Bee Chun, to name a few. Michelle Yesudas, Lawyers for Liberty  Lawyers for Liberty is deeply concerned and disturbed at Datuk Seri Ahmad Zahid Hamidi's 'shoot first' approach to law enforcement, which was voiced at the Malacca International Trade Center in Malacca last Friday. The Home Minister was reported to have said that most victims of violent crime were in fact of Malay ethnicity, therefore when dealing with those suspected of the crimes, he had advised to 'shoot first'. It is disturbing that our Home Minister has given his endorsement to all law enforcement officials to mete out death sentences to suspected offenders on the street, without due process. It is evident that the Home Minister is unaware of the basic concepts of the rule of law that underpins our justice system and has chosen to trample on the Federal Constitution and human rights. Fundamental principles of the right to life, liberty, a fair trial, due process and innocence until guilt is proven are concepts that appear to be alien to the Home Minister, which is a cause for alarm for all Malaysians.  This can be seen in his adamant views on welcoming back detention without trial, by taking ownership of the draconian amendments to the Prevention of Crime Act 1959. By encouraging law enforcers to 'shoot first', the Home Minister has effectively ordered policemen and officials to disregard the criminal justice system, due process and has legitimized the cold-blooded murder of 'suspects' without ever being brought before a court of law. It is also ironic that a minister so bent on curbing gangsterism with preventive detention laws and 'shoot to kill' policies does not hesitate to befriend the gangsters of 'Tiga Line'. His statement disregards and disrespects the tragic deaths of many innocent Malaysians and their long suffering families, such as Aminulrasyid, the Glenmarie Trio, the Cheras Trio, Dinesh Dharmasena and Pua Bee Chun, to name a few. In view of the criminal nature of Zahid's statement, we call for his immediate arrest and prosecution for instigating murder. We also call upon Prime Minister Mohammad Najib Razak to take stern action against ministers who display such disregard for human lives and civil liberties.

Anwar: BANTAH atau tidak? Posted: 09 Oct 2013 01:00 AM PDT Adakah Anwar Ibrahim akan berdiri bersama himpunan anti TPPA di KLCC 11 Oktober ini? Di hadapan John Kerry? Anna Majid Mewujudkan kelebihan bagi Kuala Lumpur dalam mendapatkan ruang dan akses yang lebih luas dalam pasaran perniagaan dengan rakan dagangan terutamanya Amerika Syarikat, Jepun dan negara ASEAN lain adalah antara sebab utama mengapa pihak kerajaan mempertimbangkan Perjanjian Perkongsian Trans-Pasifik (TPPA) ini. Selain daripada itu, cadangan menurunkan tarif diantara negara-negara yang terlibat, TPPA melalui inisiatif perdagangan bebas dilihat mampu membantu mengembangkan lagi eksport negara ke aras pasaran global. Walaupun masih belum ada kata muktamad mengenai Perjanjian Perkongsian Trans-Pasifik (TPPA), siri jelajah anti TPPA yang dipimpin oleh Chegu Bard (SAMM) berserta beberapa NGO lain terus berlangsung. Forum Semasa Siri Jelajah TPPA pada 4 Oktober lepas di Pusat Komuniti DAP Bakri dan Bentayan yang dihadiri pemimpin-pemimpin Pakatan seperti Chua Wee Beng, Hatta Ramli, Khaled Samad dan Sivarasa juga Pengerusi BANTAH, Haji Azlan Awang berakhir dengan pembakaran patung Obama serta bendera Amerika yang dilihat usaha mengumpul momentum bagi menghentam niat Najib Razak berkenaan isu terbabit. Destinasi akhir siri jelajah ini akan bernokhtah dengan demonstrasi yang dijadualkan pada 10 Oktober ini di KLCC dengan gimik bahawa Tun Mahathir akan turut serta. Namun disebabkan keputusan Barrack Obama untuk menanguhkan kedatangan beliau ke Malaysia, demonstrasi anti TPPA kini akan punya 'penonton' baru iaitu John Kerry, wakil AS yang menggantikan Obama dalam Persidangan Keusahawanan Antarabangsa 2013 ke-4 (GES 2013) yang berlangsung 11 dan 12 Oktober ini. Seperti sedia maklum, John Kerry adalah antara 'kawan rapat' Anwar di Amerika, keduanya terlibat sebagai penceramah dan peserta dalam forum US-Muslim World di Doha, Qatar. John Kerry menyatakan bantahan terhadap kes liwat Anwar sekembalinya dari Doha. Oleh yang demikian, saat berpuluh-puluh NGO membantah tindakan kerajaan menandatangani perjanjian TPPA, adakah pemimpin tertinggi PKR, Anwar Ibrahim benar-benar akan turun padang berdiri bersama-sama SAMM, BANTAH, MTEM dan yang lainnya di KLCC nanti? Adakah Anwar akan sekeras-kerasnya menolak TPPA sedangkan kawan baiknya sendiri, Chairil Tanjung adalah individu yang bertanggungjawab mengetuai perbincangan antara Amerika dan Indonesia dalam isu TPPA ini? Adakah Anwar akan bersama-sama melaungkan bantahan atau mungkin juga membakar efigi Obama dan bendera Amerika di hadapan perwakilan Amerika, John Kerry? Adakah Anwar akan berani jujur di hadapan John Kerry – menentang apa yang diperkatakan sebagai tidak adil kepada rakyat dan negara?

Money for nothing Posted: 08 Oct 2013 09:46 PM PDT What should be of even more grave concern to all Malaysians is the great unknown – just how much more wastage and inefficiencies are there, which are not being investigated?  Tricia Yeoh, The Sun IF there is one government document Malaysians look forward to each year, it's the Auditor-General's Report. Once released, we go crazy picking it apart and selecting our favourite delectable pieces to rave about to friends. It was no different this year with the 2012 report. This time, we even managed to make it to the Wall Street Journal that reported on the wasteful spending and mismanagement. For instance, we read about the Education Ministry wasting RM2 billion on poor school security systems with unsatisfactory results, 20 branded wall clocks bought by the Broadcasting Department for RM3,810 each, more than 38 times the estimated price of RM100, and a RM400,000 claim difference for Health Ministry uniforms, among many other ridiculously shameful examples (never mind the 44 missing loaded firearms that the police said could have fallen into the sea from boats). A total estimate of wastage caused by such gross inefficiency was not given, mainly because this was merely a partial audit of the federal government bureaucracy. The report only covered observations from the audit of "21 programmes/ activities/ projects of 15 Federal Ministries/ Departments and management of 4 Government Companies", so imagine the results if this sampling was widened to include the hundreds of programmes run by the 24 federal ministries over the full year. Even so, the total sum of wastage based on select cases quoted by mainstream media came up to RM3.5 billion, which, by the way, is RM200 million more than what the Finance Ministry has told us the government would save by increasing oil prices in its recent subsidy rationalisation move. Although government does eventually need to phase out subsidy dependency, what infuriates people most is that such efforts are not perceived to be matched in commensurate measure by attempts to reduce unnecessary government spending. It was timely that an IDEAS policy paper (the Institute for Democracy and Economic Affairs for which I work) by author Professor David Jones from the University of Brunei Darussalam, gave specific proposals on how transparency could help existing failings in the public procurement system. He states that Malaysia spends more than RM150 billion each year on procurement, almost one fourth of our nominal GDP. This is higher than what most OECD countries spend, about 12% of their GDP annually. The various acts, treasury instructions and circulars that form the basis of government procurement are clear, for example in stipulating that open tenders are required for works, goods and services procured worth more than RM200,000 a year. READ MORE HERE

Comparison of Police Powers of Arrest in Malaysia and the United Kingdom Posted: 08 Oct 2013 09:38 PM PDT   A police officer's duty is to combat crime and provide protection to the citizens of the country. In order to carry out their duties well, they are granted certain powers. The most fundamental power given to them as police officers is the right to arrest. Jevinder Singh, Loyar Burok  Jevinder Singh compares the police powers of arrest in Malaysia and the UK and comes with some frank observations.  A police officer's duty is to combat crime and provide protection to the citizens of the country. In order to carry out their duties well, they are granted certain powers. The most fundamental power given to them as police officers is the right to arrest. Arrest is the "restraint of a man's person, obliging him to be obedient to the law and defined to be the execution of the command of some court of record or officer of justice" (Krishnan, 2008). Police officers are not allowed to abuse their power by simply arresting whoever they want because there are certain fixed guidelines as well as fundamental liberties granted to us as citizens. They will require proper grounds to take someone into custody for them to be able to conduct further investigations and to strengthen their case over the accused or suspected offender. An arrest has to be done in line with the law of Malaysia because Article 5 of the Federal Constitution of Malaysia states that personal freedom is part of a citizen's fundamental liberties and the Federal Constitution is the highest source of law in Malaysia. Malaysia has its own Criminal Procedure Code (CPC) that is used to govern the arrest procedure. There are two types of arrest which are known as an arrest with warrant and an arrest without warrant. An arrest without warrant is also known as a "seizable offence". The third column of the First Schedule to the CPC shows that offences under the Penal Code which are punishable with imprisonment of three years and above are seizable offences. This means that the police may just arrest you without a warrant for any offence in violation of the Penal Code. An example would be theft. According to the Penal Code, the crime of theft is a seizable offence under s 379. section 23 of the CPC provides power to police officers to arrest without a warrant under certain circumstances. section 23(1)(a) is often the provision used by judges when deciding on a case. section 23(1)(a) states that the "police without an order from a Magistrate and without a warrant of arrest may arrest any person who has been concerned in any offence committed anywhere in Malaysia which is a seizable offence under any law in force in that part of Malaysia in which it was committed or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned". In the case Tan Eng Hoe v AG, the claimant was arrested mistakenly for a fraud case because he matched the description of the actual offender. He then sued for wrongful arrest but Whitley J held that a reasonable man would have thought he was the offender due to the similarities. The police were justified for arresting him without a warrant. According to Sidhu (2008), "credible information" means that the information received by the police has to be reliable. A plain allegation without any other concrete evidence is not considered to be credible information. In Hashim bin Saud v Yahaya bin Hashim & Anor, an electricity generator was stolen and a report was lodged. The plaintiff was arrested as instructed by the first defendant, Inspector Yahaya without a warrant after information was given by an informant about a stolen cement mixer. The plaintiff then took action against the defendants for wrongful detention but Harun J held that the information that was given by the plaintiff had proven to be reliable and credible in the past. Therefore, the arrest of the plaintiff without a warrant was proven to be lawful. A "non-seizable offence" is an offence where police officers are only allowed to arrest you with a warrant according to the third column of the First Schedule to the CPC. Therefore, a police officer is not allowed to arrest without a warrant if the punishment of the offence is less than three years. That being said, if there is any written law that states an offence is seizable even though the punishment is less than three years imprisonment is therefore seizable under the principle of generalia specialibus non derogant.This latin phrase means that when a matter falls under any specific provision, then it must be governed by that provision and not by the general provision (US Legal, n.d.). Section 15(1) of the CPC states the procedure to arrest and remand. Under section 15(1), there are three ways a police officer may arrest you. Police may arrest by touching the body of the person to be arrested, confining the body of the person to be arrested or where there is submission to custody by word or action. In the appeal case of Shaaban & Ors v Chong Fook Kam & Anor, the Privy Council had the case to consider what elements constitute a valid arrest. Devlin LJ said that, "An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs when by words or conduct he makes it clear that he will, if necessary, use force to prevent the individual from going where he may want to go."  A police officer stopping someone to make an enquiry is therefore not considered an arrest (Sidhu, 2008). The Federal Constitution of Malaysia grants Malaysians certain rights when it comes to police arrest. According to Article 5(3), as soon as someone is arrested, they must be notified of the grounds of the arrest. In the case of Christie & Anor v Leachinsky, the House of Lords explained that an arrested person must be informed of the reason of the arrest instantly. After which if the reason is withheld, the arrest as well as the imprisonment would amount to false imprisonment. Hence, the police officer that arrested the person would be held liable for false imprisonment. Besides that, according to Article 5(4) of the Federal Constitution, a person that is arrested must be presented to a Magistrates Court without any unreasonable delay within 24 hours excluding the travel time. The arrested cannot further remain in police custody without a Magistrate's order. Under section 28(A) of the CPC, an arrested person has rights to be informed the basis of his arrest as soon as may be, a right to contact a legal practitioner within 24 hours of the arrest, rights to communicate with a relative or a friend to notify about his whereabouts within 24 hours of the arrest, as well as to be able to contact a lawyer. The lawyer is allowed to be present at the location of detainment before the police officers proceed with their questioning or recording of statements from the person arrested. READ MORE HERE

Talk big, do little Posted: 08 Oct 2013 06:36 PM PDT Soong Phui Jee, Sin Chew Daily THE absence of as many as 41 Members of Parliament from the crucial vote-taking of the Prevention of Crime (Amendment and Extension) Bill 2013 when it was tabled for second reading in the House had caused an uproar. Where had these lawmakers gone at the crucial moment? Although the absentees, including notable leaders Datuk Seri Anwar Ibrahim, Datuk Seri Abdul Hadi Awang and Karpal Singh, claimed to have absent with reasons, criticisms filled with disappointment could still be heard in recent days. The people's anger and discontent reflected that they no longer blindly support or admire political stars. Instead of lawmakers who talk big but do little, they now prefer those who can speak and get things done nicely. They must speak when it is time to speak and they must take actions when it is time to take actions. In the face of such humble requests, those who were absent without sufficient reason should feel sorry about it. They should humbly reflect and apologise to the public. Unfortunately, none of them has apologised so far and all they did was trying to shirk responsibilities with all kinds of far-fetched reasons. OWN INTERNAL AFFAIRS More distressing, many politicians have recently been busy engaging in party infighting. In addition to the turmoil set off by the Umno party election, the MCA is now full of combative spirit as the battle between party president Datuk Seri Dr Chua Soi Lek and his deputy Datuk Seri Liow Tiong Lai has come to a fevered pitch and even the DAP, which had just successfully held its party re-election, is in the chaos before a storm, after its factional fighting surfaced. Party infighting has always been the norm of political development. However, if all parties indulge in infighting and forget about their duties, or lose their directions, stands and the sense to distinguish between right and wrong, it will then undoubtedly be the greatest political crisis in Malaysia. The people's fierce reaction over the Prevention of Crime (Amendment and Extension) Bill 2013 showed that the people have become more and more impatient and even disgust at the recent outbreak of party infighting. Unfortunately, some politicians think that the country is still in a post-election honeymoon period and still swirling in the whirlpool of justice, not knowing that the mentality of the people has actually calmed down after election passion has subsided, or might have subtly changed following the development of the situation. Undeniably, in the 13th General Election held in May this year, Malaysian Chinese seemed to have overwhelmingly supported Pakatan Rakyat. Leaving aside the question of whether it was a risky move or a wise choice, the elected lawmakers should have felt the high expectations of the people and thus, they should play their roles well and keep a high degree of vigilance to national policies, as well as a high degree of sensitivity to public opinion. Instead of blindly shouting slogans, they should actively engage in political affairs, as well as services. The people have started to feel the price of election, which is why they are having higher expectations and demanding more from politicians. Politicians must not be conservative but should keep breaking through limitations and never give up!

NGOs to hold anti-TPPA protest on Friday Posted: 08 Oct 2013 06:17 PM PDT Chegubard announced that a forum will be held Thursday at the Sultan Sulaiman Club in Kampung Baru, titled Pentas Perdana: Selamatkan Kedaulatan Negara, Tolak TPPA (Premier Forum: Save the country's harmony, say No to TPPA). (The Star) - A group non-governmental organisations (NGOs) against the controversial Trans-Pacific Partnership Agreement (TPPA) will hold a protest here Friday to pressure the Malaysian government against signing the agreement. The demonstration, to be held at the Kuala Lumpur City Centre (KLCC), also coincides with the visit of United States Secretary of State John Kerry, who is expected to push the Malaysian government to sign the agreement. NGOs under Bantah TPPA, Solidariti Anak Muda Malaysia (SAMM) and Jaringan Rakyat Tertindas (Jerit) will start their demonstration from As' Syakirin Mosque, better known as KLCC Mosque, at 2pm after Friday prayers. They will march towards KLCC, where John Kerry is expected to be. Bantah TPPA spokesman Anas Alang told a press conference at Kuala Lumpur and Selangor Chinese Assembly Hall here that Bantah TPPA was the biggest anti-TPPA organisation in Malaysia and that he expected a big crowd on Friday. Some of the NGOs involved are the Malaysian Aids Council, Malaysian Council for Tobacco Control, Positive Malaysia Treatment Access and Advocacy Group. "In 2008, we protested against the Free Trade Agreement (FTA) and we succeeded. "This time around, we're planning to do the same and say no to American hegemony," said a Jerit coordinator, who identified herself only as Kohilah. When asked about security measures, SAMM coordinator Badrul Hisham Shahrin, better known as Chegubard, said there will be marshalls overseeing the demonstration. "This is not a political demonstration. This is a demonstration to show that the people are concerned about the repercussions of TPPA," he said, adding that the Bantah TPPA secretrait was discussing with the police over the demonstration. Chegubard also announced that a forum will be held Thursday at the Sultan Sulaiman Club in Kampung Baru, titled Pentas Perdana: Selamatkan Kedaulatan Negara, Tolak TPPA (Premier Forum: Save the country's harmony, say No to TPPA). It will be attended by Opposition leader Datuk Seri Anwar Ibrahim and Selangor Mentri Besar Tan Sri Khalid Ibrahim. "We've also sent a letter to former prime minister Tun Dr Mahathir Mohammad and are hopeful he will be able to attend for the forum and give his thoughts on TPPA," said Chegubard. The TPPA is an initiative to establish a free-trade agreement among the 12 countries of the Asia-Pacific region and is open to other Apec economies. The 12 TPP members are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam. The opposition is trying to draw the support of Tun Dr Mahathir Mohamad by inserting his name and picture in the above poster.

No Tiga Line thugs in police lockup Posted: 08 Oct 2013 06:08 PM PDT Alfian ZM Tahir, FMT To date, thousands of suspected gangsters from underworld organisations in the country have been arrested, but surprisingly, none of them were from the Tiga Line group. This latest information was revealed by Bukit Aman's secret societies, gambling and anti vice principle assistant director, SAC Abdul Jalil Hassan today. Jalil told FMT over the phone that they have yet to arrest any Tiga Line member, but was quick to add that the police have arrested a number of Malay gangsters from other triad groups. Tiga Line, closely linked to a Malay NGO known as Pekida, is believed to be a well known group of Malay gangsters. "Thus far none of them have been arrested but we have detained a number of Malay thugs from different underworld group," said Jalil. When asked if the police are having difficulties in arresting Tiga Line members, Jalil denied it and said that they have identified a number of faces but have yet to detain anyone. "We know who they are and we have identified them, however, we have not made any arrests yet," he added. READ MORE HERE

Guan Eng mum on Malacca duo's resignations, says yet to get letters Posted: 08 Oct 2013 04:51 PM PDT   (The Star) - The DAP top leadership has yet to receive any resignation letter from the Malacca DAP chief and state legislative assembly Opposition leader, party secretary-general Lim Guan Eng said Wednesday. Goh Leong San, who is also Duyong assemblyman, was reported Tuesday to have resigned because his praise for Malacca Chief Minister Datuk Idris Haron had earned the wrath of DAP members. Goh's deputy and Bachang assemblyman Lim Jak Wong was also reported to have resigned. "I have checked with DAP chairman Karpal Singh and he has yet to receive any resignation letters from the duo. "I will only comment on their resignations upon receiving their letters. I don't want to rely on media reports on the matter," he told reporters here after witnessing a memorandum of understanding signing between University of Hull and ALC College.

DAP facing full-blown crisis Posted: 08 Oct 2013 04:45 PM PDT Standing strong: Goh (left) and Lim's resignations are seen as an open declaration against the pro-Guan Eng faction. (The Star) - The feud between rival DAP factions here has erupted into a full-blown crisis with state chief Goh Leong San quitting as Opposition leader and threatening to open a "Pandora's Box" of wrongdoings. The bad blood between assemblymen who are either pro or anti party secretary-general Lim Guan Eng had been simmering since the May general election. Saying that he was being forced to expose wrongdoings of certain assemblymen and abuse of the state party funds, the Duyong assemblyman said: "I can no longer tolerate it. I will expose everything it if there are attempts to force me to relinquish my position (as state chairmen) unfairly and without concrete grounds." Goh said he had lost patience with "certain central leaders" for constantly poking their noses into state party affairs. Goh's deputy and Bachang assemblyman, Lim Jak Wong, joined him by quitting as deputy state opposition leader. The resignation letters of Goh and Jak Wong were sent to the Malacca legislative assembly and DAP chairman Karpal Singh yesterday. The moves are being seen as an open declaration against the pro-Guan Eng faction. Goh who has had long standing differences with Guan Eng, said his main reason for resigning was the central leadership's meddling in state party affairs. He said among the issues involved the Jonker Street night market and the state DAP's working relationship with new Chief Minister Datuk Wira Idris Haron. Goh has also implied that the party might try to oust him as state chairman, in the wake of criticism of his leadership by two reputed to be staunch supporters of Guan Eng – Khoo Poay Tiong (Ayer Keroh) and Lai Kuen Ban (Kota Laksamana) Goh came under fire from Khoo and Lai after he described Idris as "approachable" and "a professional manager" during the recent assembly sitting. Lai had also accused Goh of not showing support when the former was ejected from the assembly over the Jonker Street issue. Goh said he was also ready to expose the "interference" from these central leaders in the selection of candidates in the general election, saying that he had documents to back his claims. The latest fallout is a continuation of the crisis which almost derailed the DAP campaign during the general election when state and central party leadership quarrelled over candidates list, forcing party adviser Lim Kit Siang to personally intervene to resolve the deadlock. There is also much bitterness between Goh and Guan Eng, dating back to the years when Guan Eng was still active in Malacca DAP.

Sabah Mufti to face native court Posted: 08 Oct 2013 04:42 PM PDT (The Star) - Sabah Mufti Bungsu Aziz Jafaar (pic) has landed himself in a controversy following his alleged description of the Kadazans as "an invented race". Kadazandusun leaders are not amused and would be hauling him up before a native court to answer to the community for the alleged insult. The Kadazan Society Sabah (KSS) filed a customary saman malu (a summons to appease the humiliation) at the Penampang district court against Bungsu here yesterday. KSS deputy-president Sylvester Disimon, who filed the summons at the office of district chief (Customary) OKK Christopher Mojungkim, said Bungsu's remarks had drawn anger from the Kadazan community. "Our feelings and dignity will be hurt beyond repair if it is not settled through the native court. "Mufti Bungsu is therefore required to make appeasement to the Kadazan community in accordance with native customary law," he told reporters. Bungsu had reportedly made the remarks at a symposium discussing the Malay leadership crisis in Putrajaya on Sept 28. He had said that for the sake of the Malay Muslim community, natives in Sabah who are already Muslims must be recognised as Malays, referring to the Dusun, Bajau, Murut and other ethnicities that make up Sabah's many indigenous people. He further compared the situation to the Kadazans, which according to him was an "invented" ethnic group made of non-Muslim Dusun people, who are mostly Catholics. Disimon said the term "Kadazan" was never invented and is not of recent origin, as claimed by Bungsu. He said there is evidence the term had been used long before the 1950s. He cited the book The Pagans of North Borneo by Owen Rutter in 1929 that stated a Dusun usually describes himself generically as a tulun tindal (landsman) or, on the west coast of the state, particularly at Papar, as a Kadazan. Rutter worked in North Borneo (now Sabah) for five years from 1910 and left the state in 1914 when World War I broke out. "So, if this misconception is left unchecked and not rectified, other communities might think that Bungsu's statement is correct," added Disimon. Mojungkim said Bungsu is obliged to appear at the Penam­pang native court within 21 days (of the summons being field). "If he fails to appear in the native court, we will work with the police to issue a warrant (of arrest) on him," he added. Bungsu, of Brunei-Suluk ancestry, has yet to respond to the calls for him to explain his remarks.

Umno dan kebangkitan liberal Malaysia Posted: 08 Oct 2013 04:35 PM PDT Tetapi perkembangan politik terkini yang menyaksikan gelombang liberal melanda telah menunjukkan potensi untuk Umno bergerak menjadi lebih liberal, sehingga mungkin menyaingi beberapa sisi parti-parti liberal dalam politik negara. Oleh Haris Zalkapli, Siasah Daily Umno ialah sebuah parti yang bersifat konservatif dari segi sosial dan sebahagian besar hal ekonomi. Sejarah parti ini menyebabkannya sentiasa mempunyai bahagian konservatif yang kuat, terutama daripada kalangan ahli akar umbi yang membentuk kekuatan parti. Sebagai sebuah parti etnonasionalis, hal melibatkan bangsa Melayu dan agama Islam mendorong Umno menjadi sebuah parti yang konservatif melibatkan isu kaum dan agama. Walau bagaimanapun, Umno juga tidak asing dengan pendekatan pragmatik, yang mengetepikan beberapa pegangan utama parti dalam mengemudi politik dan pentadbiran negara bersama parti-parti komponen Barisan Nasional. Dalam sejarah persaingannya dengan PAS, Umno lebih cenderung kepada sikap yang relatif lebih liberal, sekular dan pragmatik, berbanding PAS yang lebih berpegang pada prinsip didasari agama Islam. Tetapi perkembangan politik terkini yang menyaksikan gelombang liberal melanda telah menunjukkan potensi untuk Umno bergerak menjadi lebih liberal, sehingga mungkin menyaingi beberapa sisi parti-parti liberal dalam politik negara. Di bawah Datuk Seri Mohd Najib Abdul Razak, Umno terpaksa memperjuangkan gagasan 1 Malaysia, yang walaupun agak kabur dan cair, tetap mempunyai ciri liberal yang agak jelas. Jenama politik Najib ini diberikan tafsiran yang lebih liberal oleh seteru-seteru - malah rakan-rakan - politik Umno, dan ditafsirkan sebagai satu janji atau garis panduan dasar-dasar dan pendekatan pentadbiran Najib. Hal ini demikian sehingga mencetuskan rasa kurang senang dalam Umno sendiri, terutama ketika liberal meningkatkan serangan dan sisi lebih konservatif Umno kelihatan terpaksa dipendam demi memasarkan jenama baharu dibawa Perdana Menteri Najib. Sekitar masa yang sama Umno berusaha menunjukkan wajah yang lebih liberal, muncul kumpulan sayap kanan Pertubuhan Pribumi Perkasa Malaysia, Perkasa, yang secara praktisnya menjadi sayap kanan Umno untuk menangani isu-isu yang dilihat tidak sehaluan dengan jenama liberal 1 Malaysia. Perkembangan ini menandakan perpisahan Umno dengan pendekatan konservatif yang dibawa selama ini, menandakan politik baharu yang terpaksa ditempuhi oleh Umno dalam landskap terkini politik negara. Umno yang menguasai BN sejak selepas Pilihan Raya Umum ke-12 mula bergerak ke tengah dalam spektrum ideologi, dengan Najib memberanikan diri menangani sendiri hal-hal yang menjadi pengenalan sifat konservatif Umno. Selain pemansuhan beberapa undang-undang berkaitan keselamatan, Najib semakin kuat berusaha menunjukkan wajah baharu Umno kepada masyarakat. Walau bagaimanapun, dalam Umno sendiri, haluan baharu Najib ini tidak diterima sepenuhnya malah dilihat sesetengah pihak sebagai satu kelemahan besar Najib yang tunduk kepada tuntutan liberal dalam usaha menarik sokongan. Terkini, Unit Pengurusan Prestasi dan Pelaksanaan (Pemandu) semakin menerima kecaman hebat elemen lebih konservatif dalam Umno, yang dapat diperhatikan melalui serangan-serangan daripada blog-blog Umno. Pengendali blog Umno merupakan elemen paling berhaluan kanan dalam Umno, dan memainkan peranan sebagai penyampai suara dan pendesak kumpulan lebih konservatif dalam parti itu. Sejak mula berperanan aktif bermula 2008, kumpulan lebih konservatif ini telah beberapa kali menunjukkan kekecewaan terhadap beberapa tindakan Najib yang cenderung menyebelahi liberal. Dalam hal ini juga, Najib semakin dilihat dengan kritikal oleh bekas Perdana Menteri Tun Dr Mahathir Mohamad, tokoh yang menaikkan Najib dan memberi sokongan (dan nasihat) kepadanya hingga ke hari ini, yang masih mempunyai pengaruh yang kuat dalam Umno. Mahathir berada di kem konservatif dalam Umno, yang hari demi hari semakin mempunyai banyak perbezaan pandangan dengan Najib yang semakin liberal. Pada masa sama, pemimpin muda Khairy Jamaluddin Abu Bakar semakin meningkat naik dalam Umno dan pentadbiran Najib, dan semakin dinilai sebagai salah seorang pemimpin utama masa depan Umno. Khairy menampakkan dengan jelas kecenderungan liberal, yang agak jauh berbeza dengan pendirian yang diterima sebahagian besar pemimpin dan ahli Umno. Sebelum ini, elemen sayap kanan dalam Umno pernah menunjukkan penentangan kuat terhadap rancangan pelantikannya ke dalam kabinet, yang didakwa dipertimbangkan dengan serius oleh Najib. Selepas pilihan raya yang lepas, Khairy tidak dapat dikekang lagi dan diberikan satu kedudukan dalam kabinet, dan memulakan kembali pendakiannya ke kedudukan yang lebih tinggi. Perkembangan ini berpotensi menampakkan lagi perbezaan antara kelompok lebih liberal dan yang lebih berkecenderungan konservatif dalam Umno. Berdasarkan perkembangan terkini, elemen liberal kelihatan mempunyai masa depan yang semakin cerah dalam Umno.

Save the nation, ban Umno elections Posted: 08 Oct 2013 04:21 PM PDT Erna Mahyuni, The Malay Mail Right now is a great time to leave the country for a long break and return... after the Umno elections are over. Do it for your health. The news headlines reporting what Umno politicians are saying in a bid to out-Melayu each other are so toxic, I think I need a medical checkup. I can imagine the news summary of my coming death now: "Breaking news: subeditor/columnist dies of massive brain injury from prolonged exposure to Umno election campaigning rhetoric." But in all seriousness, I feel like the news is constantly being hijacked by candidates vying to say the most racist, idiotic or sensationalist thing probably just to get into the news. Or maybe they all have secret shares in Malaysiakini or The Malaysian Insider. Who knows? I quite like my job but these days I feel bone weary before my shift even starts. The content of my work inbox can be summarised as "Really stupid things our politicians say". It is depressing as I really did think that the racist, divisive chatter would calm down a little after the general election. How was I to know that Umno was only just getting started? Please-lah, stop recycling your election strategies. GE13: Alienate the Chinese community to get more Malay votes. Umno elections: Alienate the Chinese community to get more party votes. You know things are getting bad when being locked away indefinitely without trial under the newly amended PCA looks really good. In all seriousness, though, Umno campaigning should be minimised to, say, a week? You're not being reasonable, Erna, I can hear Umno members say. Well, you're not being reasonable with all the bullcrap the potential candidates are saying just to win votes. Umno, like it or not, is not just the leader of Malays but the source of leadership for most of the country. Umno candidates are expected not just to look after their Malay brethren but to care about their country and everyone else who happens to live in it. Like, oh, very not Malay me. Or make it really simple. Just make Umno elections Facebook contests. Whoever gets the most likes on Facebook wins. The nation saves money, I don't get an aneurysm and the news can be filled with more important things. Like kittens. Less Umno, more kittens. Now, who's with me?

HRW wants Najib to act against Zahid Posted: 08 Oct 2013 04:10 PM PDT (FMT) - The government should act to ensure that the Home Minister's support for the police to "shoot first" when apprehending criminal suspects is not police policy, Human Rights Watch said today. Home Minister Ahmad Zahid Hamidi made remarks in a speech in Malacca on Oct 6, 2013, that showed gross indifference for the right to life and the rights of the country's minority populations. In his speech, Zahid claimed that 28,000 of some 40,000 gang members in the country were Indian Malaysians who prey on the majority ethnic Malay population. In an audio recording made public, he was quoted as saying said, "What is the situation of robbery victims, murder victims during shootings? Most of them are our Malays. Most of them are our race. I think that the best way is we no longer compromise with them. There is no need to give them any warning. If [we] get the evidence, [we] shoot first." Human Rights Watch called on Prime Minister Najib Tun Razak to remove the Home Minister for the discriminatory remarks which disregard the right to life. "Home Minister Zahid is Malaysia's top law enforcement official, yet he is promoting the illegal use of lethal force," said Phil Robertson, deputy Asia director at Human Rights Watch. "Prime Minister Najib should be clear he won't tolerate such statements or unlawful practices, which show a callous disregard for basic rights." Various incidents suggest that Malaysian police have at times adopted a "shoot first" policy, Human Rights Watch said. For example, in a predawn raid in Penang on Aug 19, police shot and killed five ethnic Indians who police alleged were secret society members. Inspector General of Police Khalid Abu Bakar announced the men opened fire after police ordered them to open the door, an account that was contradicted by P Waythamoorthy, deputy minister in the Prime Minister's Office. Photos of the bodies suggest that the men were shot at point-blank range. In April 2012, police in Cheras fatally shot three men who police alleged had robbed a jewelry store. The three, Noor Azman Othman, Aidi Noor Hafizal Othman, and Saufi Ahmad, had multiple wounds, particularly to their heads, with Noor Azman shot a total of eight times.Contrary to the police accounts, a second postmortem strongly suggested the wounds were from shots at a close range with a downward bullet trajectory, indicating the men were either kneeling or lying on the ground when they were killed. A "shoot first" policy by law enforcement personnel violates international human rights law and standards. Article 3 of the Universal Declaration of Human Rights, which is widely accepted as reflecting customary international law, states that "everyone has the right to life, liberty, and security of person." Principle 1 of the United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions provides that "executions shall not be carried out under any circumstances," nor may "[e]xceptional circumstances… be invoked as a justification of such executions." READ MORE HERE

Can PAS galvanise the Malays? Posted: 08 Oct 2013 04:05 PM PDT K Pragalath, FMT PAS appears not to have an agenda to woo back the Malay voters in its upcoming 59th annual party polls on Nov 22. "Thus far, we have not received any proposal on how to regain Malay votes. It doesn't mean it won't be addressed. Let's wait for the muktamar," said PAS' Dewan Ulama chief, Harun Taib. Last month, the hardliner caused a ripple in the ties between Pakatan Rakyat component parties by asking PAS to review its relations with its partners – PKR and DAP. The call was made after the Islamist party was perceived as taking a back seat in the coalition and compromising its ideals to uphold the Malay race and preserve Islam's interests post GE12 in 2008. PAS leaders, especially the non-ulamas were quick to do damage control, saying that the call does not mean that PAS would abandon Pakatan and rejoin Umno, which it did in the 1970s before pulling out again a few years later. Although the Islamist party appears to have expanded its non-Malay support base, the same cannot be said about its Malay voter bank. "Previously PAS was only in the Malay heartland but now it is everywhere," said party vice-president, Salahuddin Ayub at a forum last week. Muktamar expected to be a heated one To a certain extent his statement is true. But the fact also remains that PAS has been getting the non-Malay support because it is aligned to Pakatan Rakyat. If it moves out of the opposition pact, it is doubtful the non-Malays would continue supporting PAS because of its strong Islamist views. READ MORE HERE

‘Tunnel inconsistent with DAP’s green stance’ Posted: 08 Oct 2013 04:00 PM PDT Hawkeye, FMT The Penang state government, which has been championing environmental issues, is contradicting itself by going ahead with the RM6.34 billion undersea tunnel project, said a political observer here. Lim Boo Chang (pic), who is now a social issues commentator after stints in Gerakan, MCA and PKR, said the undersea tunnel, linking Gurney Drive here to Bagan Ajam in Butterworth, had caused much anxiety among local environment experts. He said DAP had been championing environmental issues, such as objecting to the Lynas red-earth processing plant in Pahang. "If one is an environmentalist, one will never vouch for such a project. The DAP is also against toll collection, yet it allows the developer to impose charges for those using the tunnel," he added. Lim said the lack of opinion on the issue did not mean that there was undivided support for the tunnel project. "Penangites cherish heritage, culture and food but they are also mindful about their environment and a mega project of this scale will transform Penang," he said. He added that it might also enrage environmentalists who had been constantly arguing with the state authorities on preserving the island's natural habitat. Lim said more thought should have been given before the project started, adding that he is neither supporting Pakatan Rakyat nor Barisan Nasional on the issue. Lim remains unsure if the project can qualify as an environment-friendly one. He suggested that an independent consultant be appointed to conduct a feasibility study to avoid the project from becoming a politicised issue. "The study must involve everyone affected, including the fishermen and the Penang Port, which has long wanted the Penang Channel to be deepened to boost its standing as a regional port," Lim said. READ MORE HERE

Anwar tight-lipped on PKR presidency Posted: 08 Oct 2013 03:54 PM PDT PKR supremo plays his cards close to his chest when asked if he will contest the presidency, saying it was not discussed at the political bureau meeting. - See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/09/anwar-tight-lipped-on-pkr-presidency/#sthash.0QA19ugO.dpuf G Vinod, FMT PKR supremo Anwar Ibrahim was coy when asked whether he would contest for the party presidency in the the upcoming party polls, scheduled for January next year. "The issue does not arise yet. Wan Azizah (Wan Ismail) is still the president," said Anwar, when asked during a press conference held at the party headquarters today. On Sept 20, FMT carried an article quoting sources, claiming that Anwar may contest for the PKR presidency in the upcoming party polls to avert a power struggle in the party. It is said that Wan Azizah is not keen on defending her post, and three key personalities – PKR deputy president Azmin Ali, party vice president Nurul Izzah Anwar and Selangor MB Abdul Khalid Ibrahim to eye for the post. The source added that if Anwar decides to go for the presidency, Azmin and Nurul would remain in their current posts and also throw a spanner into Khalid's plan in contesting for the presidency. When met outside the party headquarters, Anwar said that the party polls is still a long way to go and the issue of him running for presidency has yet to be discussed. "I'm more focused on my work now. We had our political bureau meeting last night and no one raised anything about the matter (party presidency)," said the Permatang Pauh MP. READ MORE HERE   PETALING JAYA: PKR supremo Anwar Ibrahim was coy when asked whether he would contest for the party presidency in the the upcoming party polls, scheduled for January next year. "The issue does not arise yet. Wan Azizah (Wan Ismail) is still the president," said Anwar, when asked during a press conference held at the party headquarters today. On Sept 20, FMT carried an article quoting sources, claiming that Anwar may contest for the PKR presidency in the upcoming party polls to avert a power struggle in the party. It is said that Wan Azizah is not keen on defending her post, and three key personalities – PKR deputy president Azmin Ali, party vice president Nurul Izzah Anwar and Selangor MB Abdul Khalid Ibrahim to eye for the post. The source added that if Anwar decides to go for the presidency, Azmin and Nurul would remain in their current posts and also throw a spanner into Khalid's plan in contesting for the presidency. When met outside the party headquarters, Anwar said that the party polls is still a long way to go and the issue of him running for presidency has yet to be discussed. "I'm more focused on my work now. We had our political bureau meeting last night and no one raised anything about the matter (party presidency)," said the Permatang Pauh MP. - See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/09/anwar-tight-lipped-on-pkr-presidency/#sthash.0QA19ugO.dpuf PETALING JAYA: PKR supremo Anwar Ibrahim was coy when asked whether he would contest for the party presidency in the the upcoming party polls, scheduled for January next year. "The issue does not arise yet. Wan Azizah (Wan Ismail) is still the president," said Anwar, when asked during a press conference held at the party headquarters today. On Sept 20, FMT carried an article quoting sources, claiming that Anwar may contest for the PKR presidency in the upcoming party polls to avert a power struggle in the party. It is said that Wan Azizah is not keen on defending her post, and three key personalities – PKR deputy president Azmin Ali, party vice president Nurul Izzah Anwar and Selangor MB Abdul Khalid Ibrahim to eye for the post. The source added that if Anwar decides to go for the presidency, Azmin and Nurul would remain in their current posts and also throw a spanner into Khalid's plan in contesting for the presidency. When met outside the party headquarters, Anwar said that the party polls is still a long way to go and the issue of him running for presidency has yet to be discussed. "I'm more focused on my work now. We had our political bureau meeting last night and no one raised anything about the matter (party presidency)," said the Permatang Pauh MP. - See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/09/anwar-tight-lipped-on-pkr-presidency/#sthash.0QA19ugO.dpuf

Kalau nak berkempen kena adalah sedikit 'decorum' Posted: 08 Oct 2013 03:49 PM PDT Zahid dan Ali menggunakan isu rasis yang menebal untuk menaikkan semangat Melayu kononnya dan membuatkan mereka berdiri dibelakang mereka dalam siri kempen pemilihan parti kali ini. Gaya ini merupakan manifestasi pemimpin yang kurang kepimpinan.  Aspan Alias UMNO sebagaimana yang saya sebut akhir-akhir ini sudah hilang moral dan sifatnya sebagai parti yang memerintah negara berbilang kaum, seperti negara kita ini. UMNO sudah hilang 'magnanimity' sebagai parti pemerintah negara kerana kecenderungan pemimpin-pemimpinnya hanya mahu memimpin orang Melayu dan membawa orang Melayu memusuhi bangsa lain. Ini lebih terlihat dalam siri kempen pemilihan UMNO dan ia dilakukan, bukannya oleh Ketua-Ketua Cawangan, tetapi oleh Naib Presiden dan calon Naib Presiden. Apa yang berlaku di Melaka beberapa hari lalu adalah contoh jelas keadaan ini. Pemilihan UMNO kali ini merupakan pemilihan yang paling buruk nilai pemimpin yang bertanding untuk memegang jawatan tinggi parti itu. Di mana-mana orang ramai bercakap betapa teruknya kempen yang di tunjukkan oleh Ahmad Zahid Hamidi dan Ali Rustam, bekas Ketua Menteri Melaka, beberapa hari yang lepas. "It's atrocious" kata ramai rakan-rakan apabila berjumpa dengan rakan-rakan dalam UMNO yang ramai diantaranya hadir dalam siri kempen mereka. Zahid dan Ali menggunakan isu rasis yang menebal untuk menaikkan semangat Melayu kononnya dan membuatkan mereka berdiri dibelakang mereka dalam siri kempen pemilihan parti kali ini. Gaya ini merupakan manifestasi pemimpin yang kurang kepimpinan. Nampaknya Zahid dan Ali hanya mahu memimpin orang Melayu dan tidak mahu memimpin bangsa-bangsa lain di negara ini. Mereka tidak berkeyakinan untuk mendapat sokongan tanpa menggunakan isu perkauman. Ali Rustam sampai kehari ini menggunakan isu orang Cina tidak mengundi beliau walaupun orang Cina dikawasan mereka telah beliau tolong dalam kehidupan mereka dengan begitu banyak. Ini menunjukkan betapa jengkelnya calon Naib Presiden ini kerana beliau mengambil pemberian dan pertolongan kepada mereka untuk menambat undi mereka dalam setiap pilihanraya.  Ali tidak tahu isu nasional merupakan isu besar dalam negara kita. Pengundi tidak boleh di beli dengan pertolongan wang. Mereka melihat isu keselamatan dan isu rasuah dan berbagai isu yang melingkungi kehidupan manusia di negara ini. Kalau isu pemberian dan hadiah menjadi penentu kepada kemenangan maka BN sepatutnya menang dalam semua kerusi kerana setiap keluarga mendapat bantuan BRIM dan berbagai-bagai lagi bantuan 'one offs' dari kerajaan. Zahid pula menunjukkan sifat kurang berkeyakinan dengan menonjolkan sikap garang dan berapi kononnya beliau begitu prihatin terhadap keselamatan negara dan ketinggalan bangsa Melayu dalam semua bidang. Beliau berasa tidak senang dengan kritikan media massa sehinggakan beliau menggertak media dan portal berita yang beliau anggap memutar belitkan semua kenyataan beliau. Kalau pun ada perasaan marah tunjukkanlah kemarahan itu dengan cara seorang pemimpin marah dan bukannya dengan menggertak dan membidas seolah-olah beliau tidak mempunyai ciri kepimpinan. Zahid dan Ali tidak ada langsung apa yang dikatakan 'decorum' dalam perbahasan mereka. Blog ini selalu menyatakan yang mereka yang memimpin pada hari ini diletakkan tidak kena pada tempatnya. Ibarat menyuruh pembuat songkok membuat kasut dan pembuat kasut membuat songkok. Mereka adalah pemimpin yang keliru kerana yang sudah pasti mereka berada diatas itu tidak tahu samada mereka berada ditempat mereka kerana kepimpinan atau kerana kuasa wang yang ada kepada mereka. Itu sebabnya saya selalu menyatakan yang siapa pun yang dipilih diantara calon-calon Naib Presiden iu tidak memberikan apa-apa perbezaan kepada kepimpinan dan pembaharuan politik yang di gegarkan oleh Najib dan Muhyiddin selama ini.   READ MORE HERE

Umno Leaders and Their Racist Hatespeak Posted: 08 Oct 2013 01:58 PM PDT   And yet it continues to be supported – to the extent that at GE13, Umno won nine seats more than in 2008.   Kee Thuan Chye No run-up to any Umno party elections has been so notoriously marked with racist fervour as the current one. At least two of the contenders for senior positions have revealed their true colours by openly bashing non-Malays. In any sensibly-governed country with sensible laws, they would both have been arrested for provoking racial tension. But Malaysia is increasingly becoming the country where Umno is king, and anyone who is not Malay doesn't count for much. This is why someone no less than the home minister can say with impunity that because more than half of identified gang members in the country are Indians, and most of the victims "are our Malays", the police are justified, if they have the evidence, in shooting to kill gang members before asking questions. This statement from Ahmad Zahid Hamidi in front of presumably a predominantly Malay audience in Melaka last Saturday is not only racist; it is also something that in a civilised, sensibly-governed country with the right sensibilities would have resulted in his being sacked, without hesitation, as home minister. His statement totally disregards human rights and natural justice. It encourages the police to take lives instead of bringing people to justice. It is telling the police to be judge and executioner all at once. How could it have come from a minister of the government? This is not what we teach our children. But now that a minister has said it, it will have a negative impact on the young. How can we let Ahmad Zahid get away with it? This is not only conduct unbecoming; it is conduct unforgivable. Lately, Ahmad Zahid has been behaving like a gangster himself – in the way he told Malaysians who were not happy with the country's political system that they should leave; in the way he promoted detention without trial for criminals and pushed for the amendments to the Crime Prevention Act (CPA); in the way he refused to answer a question from Malaysiakini reporter Lawrence Yong last week over how the police lost 44 loaded firearms as revealed by the Auditor-General's report; in the way he threatened journalists at the Saturday event in Melaka that if they were to report what he said, he would close down their newspapers. These were his words: "…this is a closed-door meeting; this is only for Umno delegates. If any news about what I say appears in the newspapers, be it in Malay, English or Chinese or Tamil, I will shut down that newspaper. Do not write, I say do not publish, do not put on Facebook, do not anything. I know what to do. You are dealing with Zahid Hamidi, okay?" That last bit, "You are dealing with Zahid Hamidi, okay?", is particularly arrogant. So too is the claim that he can shut down any newspaper just because they publish what he said. In the past, the home minister could have done that and his action could not be questioned. But now, after the recent amendments to the Printing Presses and Publications Act (PPPA), the action can be challenged in court. Obviously, Ahmad Zahid is getting out of control. Besides, as far as that Melaka event is concerned, it was reportedly a government function with the Government's stamp being clearly visible on the logos in the backdrop. But he himself termed it as being "only for Umno delegates", which must therefore mean that the organisers of the event were misusing government funds and machinery for something related to the party. This would constitute abuse of power. Read more at: http://my.news.yahoo.com/blogs/bull-bashing/forgive-racist-talk-154430033.html

Royal Commission of Inquiry into police killing based on the recent admission by the Home ... Posted: 08 Oct 2013 01:11 PM PDT   We have to conclude from these statements that what we have been fed, up to now is a pack of lies that the police were independently responsible for the shooting and killing of suspects. The admission by the Home Minister that he gives the orders, lays bare the true source of the decisions to shoot and kill. Given the numbers of shootings and killing around, in the words of International Law this works out to crimes against humanity and therefore the Minister is not only in violation of Malaysian law he is violation of International law as well. N Ganesan, Hindraf National Advisor   Hindraf calls for a Royal Commission of Inquiry into Police killing based on the recent admission by the Home Minister of his tacit crime busting policies. The Home Minister is creating very dangerous tendencies within Malaysian society with what are totally irresponsible statements, firstly total violation of the freedom to Life and liberty contained in the Federal constitution and secondly inflammatory given the racial profiling contained in it. This calls for an urgent reset if we are not to get into more serious trouble. Implying that since crime affects the Malays and so it is serious is a grave implication. The dangerous part for Malaysian society is that statements such as these, coming as they do from a Senior Minister in government and Senior leader in UMNO opens up all kinds of possibilities for the most right wing elements in government and party, the underworld aligned (as categorised by the police in naming the most dangerous gangs) with the ruling elite and the racially bent elements in our society. They are all being given open licences to muscle their positions along this racial line and extend what the Home Minister has implied, deeper into the fabric of our society. The statement from the Home Minister that "I think the best way is that we no longer compromise with them (the suspects). There is no need to give them any more warning. If (we) get the evidence, (we) shoot first. This is clearly a violation of the supreme law of the land. We have to conclude from these statements that what we have been fed, up to now is a pack of lies that the police were independently responsible for the shooting and killing of suspects. The admission by the Home Minister that he gives the orders, lays bare the true source of the decisions to shoot and kill. Given the numbers of shootings and killing around, in the words of International Law this works out to crimes against humanity and therefore the Minister is not only in violation of Malaysian law he is violation of International law as well. To maintain the esteem of Malaysia in the community of nations and also for us to exorcise our country of these bedevilling tendencies Hindraf calls upon the government to set up a Royal Commission of inquiry to investigate all the police killings that have occurred in the past, to attempt to move the country truly forward instead of pursuing these regressive policies and laws. This may look like a tall call given the trend of things, nevertheless it requires that Human Rights defenders speak up no matter. Otherwise we would be condoning the eventual  death of Human Rights in our country.

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