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• Infighting in Pakatan Johor
• Mat Zain Ibrahim's open letter to the IGP
• We were a British colony: A response to Zainal Kling

Infighting in Pakatan Johor Posted: 12 Sep 2011 05:32 PM PDT Therefore, the DAP wishes to gain more seats in Johor, while PAS, currently having two state seats in Johor, wishes to expand its influence and the PKR, having no seat in Johor yet, is anxious to make a breakthrough. They are having their own calculations and a common goal. By LIM MUN FAH Translated by Soong Phui Jee Sin Chew Daily There are only about 500 days left before the deadline to hold the next general election. All parties have started making preparations and deployments for a life and death war, while factional fights have also gradually surfaced. Let's start with the BN's Gerakan. The Gerakan has lost Penang in the 2008 general election but managed to retain a parliamentary and two state seats in Johor. Many might think that the parliamentary and two state seats are not so important since there are so many seats in the parliament, as well as the state assembly. However, to the Gerakan, which is holding only two parliamentary and four state seats nationwide, the seats are indeed as precious as half of its life! Unfortunately, there is an outbreak of infighting in this critical period. Gerakan central committee member and Pemanis state assemblyman Lau Chin Hoon has demanded Johor Gerakan chairman Datuk Teo Kok Chee's resignation. Lau also challenged Teo for an internal debate. As for the Pakatan Rakyat, the Johor seat distribution negotiation between the DAP and the PKR has been trapped in a deadlock and they can only leave it to the central leaders. PKR state chairman Datuk Chua Jui Ming accused the DAP of violating the agreement for revealing the negotiation process to the public. The infighting between Lau and Teo would bring less impacts to the overall situation compared the the inter-party fight between the DAP and the PKR as it a substantial issue affecting the state's development. Johor is one of the strongest bastion of the BN. In addition to the seats in Sabah and Sarawak, Johor has also contributed much in helping the BN to retain power during the 2008 general election. The fact is, in addition to the Gerakan, the MCA and the MIC also rely on Johor to survive. For the MCA, seven of its 15 parliamentary and 12 of its 35 state seats are from Johor. Meanwhile, one of the MIC's three parliamentary and four of its seven state seats are also from Johor. Therefore, the MCA said earlier that Johor is going to be its battlefield in the forthcoming general election while the DAP take Johor as its front-line battlefield. It has even made winning the Johor state power as its ultimate goal. Statistically, Johor has a total of 56 state seats. The Pakatan Rakyat, which is currently holding only six of the total seats, would need to win at least 23 seats to make state regime change possible. Objectively speaking, it is almost a mission impossible to have a regime change in Johor. However, it is definitely possible for the alternative coalition to gain more seats in Johor and help the change of central power. Therefore, the DAP wishes to gain more seats in Johor, while PAS, currently having two state seats in Johor, wishes to expand its influence and the PKR, having no seat in Johor yet, is anxious to make a breakthrough. They are having their own calculations and a common goal. However, it is a standard taboo to have a chaos even before the war is started. It all depends on how the confronting coalitions settle their respective infighting or they might have to suffer a great defeat in the end.

Mat Zain Ibrahim's open letter to the IGP Posted: 11 Sep 2011 05:44 PM PDT Selain daripada diri saya sendiri, saya mendapat maklum terdapat sekurang-kurangnya dua lagi pihak yang pernah menemui Perdana Menteri, YAB Dato Seri Mohd. Najib Tun Razak (PM Najib), bertujuan menyarankan supaya sesuatu tindakan diambil terhadap Gani Patail dan Musa Hassan. Ini memandangkan salahlaku jenayah yang telah mereka lakukan, adalah sangat ketara dan telah membebankan Negara, selain daripada memusnahkan kepercayaan Rakyat terhadap Institusi-Institusi Kerajaan. Mat Zain bin Ibrahim, matzainibrahim@gmail.com Kepada, YDH Tan Sri Ismail bin Haji Omar, IG, Ketua Polis Negara, Polis Di-Raja Malaysia, iho@rmp.gov.my 12hb.September 2011,   Assalamualaikum wbt. KENYATAAN TERTUDUH-BENARKAH ANWAR DIANIAYA 1. Beberapa pihak telah memberikan pendapat berkaitan tindakan Dato Seri Anwar Ibrahim (Anwar) membuat kenyataan pembelaan diri dalam perbicaraan kes Sodomy II dari kandang tertuduh pada 22.08.2011 yang lalu. Setiap seorang termasuk saya,adalah berhak keatas pendapat masing-masing. 2. Membuat kenyataan dari kandang tertuduh( Kenyataan Tertuduh) adalah salah satu dari tiga opsyen yang dibenarkan olih undang-undang kepada seorang Tertuduh. Olih yang demikian, tidak timbul sama ada Anwar telah melakukan suatu kesalahan dari sudut undang-undang atau sebaliknya. Beliau pasti telah diberi nasihat  berkaitan konsekuen atau faedahnya memilih opsyen tersebut. 3. Pada pendapat saya, perkara yang sepatutnya dititikberatkan ialah samada ada keseluruhan kandungan Kenyataan Tertuduh itu adalah benar atau terdapat diantaranya, penegasan yang direka atau palsu. Kedapatan Anwar turut membuat dakwaan salahlaku jenayah yang spesifik, terhadap beberapa individu yang dinamakan dengan jelas. Apa pun opsyen yang dipilih, beliau telah mengemukakan kenyataan tersebut dihadapan seorang Hakim dalam suatu prosiding terbuka. Anwar tetap tertakluk kepada pendakwaan jenayah, sekiranya beliau dibuktikan telah membuat kenyataan yang direka atau palsu. 4. Dalam mengulas isu ini,saya memilih untuk menumpukan perhatian kepada beberapa perenggan Kenyataan Tertuduh seperti berikut:-  4.1. Dakwaan spesifik terhadap Tan Sri Abdul Gani Patail(Gani Patail),Tan Sri Musa Hassan (Musa Hassan) dan Datuk Mohd. Yusof Zainal Abiden (Yusof) dalam peristiwa tahun 1998. Khususnya berkaitan mereka atau memberi keterangan palsu serta dakwaan "cover-up" dalam penyiasatan melibatkan Anwar. Termasuk tetapi tidak terhad kepada  insiden mata-lebam. 4.2. Dakwaan berkaitan keterangan Forensik dan DNA. 4.3. Dakwaan keterlibatan dan salahguna kuasa mantan Perdana Menteri dalam penyiasatan melibatkan Anwar. 5. Saya mendapati hampir keseluruhan Kenyataan Tertuduh itu adalah merupakan "kenyataan ulangan untuk menyegarkan ingatan".Dakwaan-dakwaan yang Anwar lontarkan terhadap mantan Perdana Menteri Y.A.Bhg. Tun Mahathir Mohamed, Gani Patail, Musa Hassan dan beberapa yang lain, termasuk terhadap Jabatan Peguam Negara dan Polis, bukanlah perkara baru.Beliau pernah membuat kenyataan secara rasmi pada 3.3.1999 ketika prosiding Suruhanjaya Di-Raja siasatan insiden mata-lebam diadakan.Bagaimanapun dakwaan-dakwaan berkenaan tidak dicabar olih mana-mana pihak, walaupun daripada Gani Patail atau Musa Hassan sendiri. 5.1. Selanjutnya,dakwaan salahlaku jenayah secara lebih spesifik  terhadap Gani Patail,Musa Hassan dan Yusof telah beliau kemukakan kepada Mahkamah dalam beberapa afidavit yang telah difailkan sejak 2008 ketika perbicaraan masih diperingkat Mahkamah Sesyen lagi.  5.2. Selain afidavit, Anwar  juga telah membuat beberapa laporan Polis terhadap Gani Patail,Musa Hassan serta beberapa Timbalan Pendakwa Raya.Laporan-laporan berkenaan kesemuanya berkisar kepada dakwaan mereka keterangan atau membuat afidavit palsu. 6. Olih hal yang demikian, isu beliau membuat Kenyataan Tertuduh sedemikian, sebagai helah untuk mengelakkan diri daripada disoal balas olih Pasukan Pendakwaan, pada pendapat saya tidak tepat untuk dipersoalkan. 6.1. Malahan,Pasukan Pendakwaan atau sesiapa juga yang telah didakwa dalam afidavit atau laporan Polis berkenaan, bolih membuat aduan terhadap Anwar jika terbukti beliau telah mengikrarkan afidavit atau membuat laporan Polis palsu.Bagaimanapun sejak 1998 lagi, Gani Patail dan Musa Hassan tidak mengambil tindakan sedemikian. 7. Peraturan Mahkamah Tinggi berkaitan penegasan dalam sesuatu afidavit adalah jelas. Banyak case laws yang bolih dijadikan teladan. Antaranya  dalam kes Sunrise Sdn.Bhd. vs First People (M) Sdn.Bhd & Anor [1996] 3 MLJ 533.Hakikatnya telah diterima olih Mahkamah bahawa, mana-mana penegasan mustahak dalam afidavit yang tidak dijawab atau dicabar hendaklah dianggap sebagai telah diakui kenyataan yang benar. 7.1. Contoh semasa yang terbaik ialah; dalam kes bunuh Altantuya Shaariibuu, bilamana Hakim telah membebaskan seorang tertuduh Abdul Razak Baginda tanpa dipanggil membela diri, semata-mata bersandarkan afidavit Razak yang tidak dicabar olih Pendakwa Raya. GANI PATAIL DAN MUSA HASSAN 8. Berbalik kepada dakwaan-dakwaan spesifik terhadap beberapa individu dalam Kenyataan Tertuduh tersebut, kesimpulan saya adalah seperti berikut; 8.1. Dakwaan bahawa Gani Patail pada 26.10.1998 telah mengarahkan seorang Dr. Abdul Rahman Yusof (Dr. Rahman) untuk menyediakan satu laporan Forensik palsu berkaitan kecederaan yang Anwar alami dalam insiden mata lebam itu adalah betul. Pemalsuan ini telah disusuli dengan 2 lagi pemalsuan olih Dr. Rahman yang dikatakan telah diarahkan sendiri olih Allahyarham Tan Sri Mohtar Abdullah, Peguam Negara ketika itu, dalam bulan Disember 1998. 8.2. Dakwaan bahawa Musa Hassan telah bersubahat dengan memberi kemudahan kepada Gani Patail dan Dr.Rahman menyempurnakan pemalsuan-pemalsuan tersebut diatas juga adalah betul. 8.3. Fakta bahawa 2 (dua) daripada 3 (tiga) laporan forensic palsu tersebut telah dikemukakan dalam prosiding Suruhanjaya Di-Raja insiden mata-lebam yang bersidang diantara 22.2.1999 hingga 4.3.1999, juga adalah betul. 9. Apapun keadaannya, keujudan 3 laporan forensik olih Dr.Rahman itu sendiri, merupakan keterangan yang kukuh bagi membuktikan berlakunya perbuatan mereka keterangan palsu terhadap Anwar.Saya menekankan bahawa keterangan ini adalah lebih konklusif daripada keterangan DNA. YUSOF 10. Dakwaan bahawa Yusof mengetahui keujudan ketiga-tiga laporan palsu tersebut dan penggunaanya dalam prosiding Suruhanjaya diatas, dalam sifat beliau sebagai wakil Peguam Negara sepanjang prosiding berkenaan, adalah berasas dan dipercayai betul. 10.1. Yusof sewajarnya mengistiharkan kepada Mahkamah, sama ada posisi beliau sebagai Ketua Pasukan Pendakwaan kes Sodomi II berada dalam konflik dengan posisi beliau sebagai wakil Peguam Negara dalam prosiding Suruhanjaya mata-lebam. Situasi ini timbul, memandangkan isu Gani Patail dan Musa Hassan memalsukan keterangan dan menggunakannya dalam prosiding Suruhanjaya itu telah dibangkitkan sejak 1.7.2008.Ini disusuli pula dengan dakwaan menerusi afidavit-afidavit dalam pembicaraan Sodomi II. Yusof sendiri turut ditohmahkan sebagai telah menyembunyikan keterangan salahlaku jenayah Gani Patail dan Musa Hassan. 10.2. Hakikatnya tidak dapat dinafikan bahawa Yusof adalah seorang saksi yang mustahak kepada dakwaan salahlaku jenayah terhadap Gani Patail dan Musa Hassan yang telah dilaporkan olih Anwar pada 1.7.2008 itu, manakala pada masa yang sama juga, Yusof adalah Ketua Pasukan Pendakwaan dalam perbicaraan Sodomy II terhadap Anwar. 10.3. Yusof hanya perlu untuk mengesahkan sama ada benar atau tidak ujud 3 laporan forensic yang disediakan olih Dr. Rahman diatas arahan Gani Patail dan Peguam Negara dalam penyiasatan insiden mata-lebam itu. Yang lainnya adalah untuk Mahkamah memutuskan. KETERANGAN FORENSIK DAN DNA 11. Dakwaan menerusi afidavit menyatakan Musa Hassan dan SAC Datuk Mohamad Rodwan Yusof (Rodwan) cuba mengambil tanpa kebenaran ("mencuri") sample darah Anwar, daripada simpanan / kawalan seorang Dr.Zahari Noor pada 15.10.1998 untuk kegunaan ujian DNA adalah dipercayai betul. Dr.Zahari sendiri telah memberikan keterangan kearah demikian pada 30.12.1998 ketika perbicaraan Anwar dalam kes salahguna kuasa dihadapan Hakim Dato Augustine Paul (mendiang). 11.1. Setidak-tidaknya, Musa Hassan masih terhutang kepada rakyat jelata, untuk menjelaskan apakah keterangan yang beliau ada ketika memberi taklimat kepada Tun Mahathir ,sehinggakan mantan Perdana Menteri itu begitu yakin untuk mempercayai Anwar terlibat dengan aktibiti seks luar nikah dan homosexsual. Manakala beberapa bulan selepas itu pula, Musa Hassan terdesak untuk mengumpulkan keterangan lanjut berkaitan DNA, sehingga terpaksa mencuri sample darah tersebut.Walhal pada ketika itu, Anwar telahpun dituduh di-Mahkamah dan sedang menunggu tarikh perbicaraan. Sepatutnya proses pengumpulan keterangan asas telah selesai. 11.2. Musa Hassan juga patut jelaskan samada tindakan "mencuri" sample darah sebelum perbicaraan kes dimulakan itu, adalah dalam pengetahuan dan direstui olih Tun Mahathir atau sebaliknya. Ataupun tindakan itu adalah diatas inisiatif beliau sendiri semata-mata untuk menjustifikasikan taklimat meyakinkan yang beliau beri kepada Tun Mahathir beberapa bulan sebelum itu. 11.2.1.Fakta bahawa Musa Hassan telah menemui Dr. Zahari berkaitan sample darah Anwar untuk tujuan DNA pada 15.10.1998 itu sahaja, sudah memadai untuk membuat kesimpulan bahawa Musa Hassan TIDAK mempunyai keterangan yang lengkap ketika mentaklimatkan Tun Mahathir berkaitan Anwar beberapa lama sebelum itu. 11.2.2.Sila rujuk laporan lengkap dalam "surat tertutup" saya bertarikh 27.12.2010 dialamatkan kepada Tan Sri KPN, Solicitor General dan YAB Perdana Menteri berkaitan pemalsuan DNA ini. DAKWAAN KETERLIBATAN TUN MAHATHIR 12. Menerusi Kenyataan Tertuduh dan afidavit-afidavit yang Anwar telah failkan sebelumnya,beliau telah mendakwa pada tahun 1998 Tun Mahathir telah menyalahgunakan kuasa beliau dalam memberi tekanan keatas Jabatan Kehakiman, Peguam Negara dan Polis sehingga mendapatkan beliau (Anwar) disabitkan dengan kesalahan yang beliau tidak pernah lakukan dan dijatuhkan hukuman penjara berjumlah 15 tahun. 12.1. Saya menegaskan bahawa Anwar TIDAK mempunyai keterangan untuk mengaitkan Tun Mahathir dengan tindakan Gani Patail dan Musa Hassan dalam perbuatan merekacipta atau memberi keterangan palsu terhadap beliau (Anwar). 12.2. Sebaliknya, saya wajar menyatakan bahawa mengikut rekod rasmi dan apa yang tercatit diatas kertas dalam fail siasatan Polis, Tun Mahathir yang telah memberi nasihat dan amaran keras supaya tidak ada sebarang "cover-up" dilakukan dalam penyiasatan kes-kes melibatkan Anwar. 12.3. Nasihat dan amaran Tun Mahathir sedemikian itu telah saya rakamkan dalam diari penyiasatan kes mata-lebam pada 8.10.1998 setelah saya menemui beliau di-Jabatan Perdana Menteri yang dipanggil memberi taklimat kemajuan siasatan Polis dalam kes tersebut. 12.4. Nasihat dan arahan tersebut telah disampaikan kepada pucuk pimpinan tertinggi PDRM pada hari yang sama dan kepada Gani Patail dua hari kemudian.Laporan secara bertulis menerusi kertas siasatan kes, disampaikan kepada Gani Patail pada 15.10.1998 yang diakui penerimaannya secara rasmi. 13. Olih yang demikian,berdasarkan keterangan yang ada,saya menegaskan, segala penipuan dan pemalsuan  keatas Anwar telah dilakukan olih Gani Patail dan Musa Hassan dengan kehendak mereka sendiri untuk faedah masing-masing,melainkan mereka berdua bolih membuktikan terdapat ada pihak ketiga yang terlibat. MENGENAI SABITAN SALAH DAN HUKUMAN PENJARA 15 TAHUN 14. Sejak 1998 lagi, Anwar secara konsisten mengekalkan pengakuan tidak bersalah sambil mendakwa, bahawa pertuduhan-pertuduhan salahguna kuasa dan liwat yang dikenakan terhadapnya adalah pertuduhan palsu dan berniat jahat dan suatu konspirasi nekad, untuk memusnahkan kerjaya poliktiknya. Beliau turut mendakwa bahawa sabitan salah dan hukuman penjara 15 tahun yang dijatuhkan keatas diri beliau adalah suatu penganiayaan pihak Pemerintah keatas diri dan keluarga beliau. 15. Berdasarkan kepada keterangan dokumentari dan peristiwa-peistiwa penipuan dan pemalsuan yang dilakukan keatas diri beliau, yang bolih dan mampu dibuktikan, maka saya menyatakan bahawa dakwaan Anwar sedemikian itu adalah berasas dan mempunyai meritnya yang tersendiri. 15.1. Perbuatan "mencuri" sample darah Anwar untuk tujuan DNA olih Musa Hassan dan Rodwan telah dilakukan pada 15.10.1998. Manakala pemalsuan keterangan Forensic olih Dr.Rahman pula dilakukan pada 26.10.1998. Kedua-dua peristiwa yang berlaku, adalah diatas arahan dan atau/penyeliaan Gani Patail yang disempurnakan sebagai persediaan untuk keterangan tersebut digunakan terhadap Anwar, sebelum perbicaraan kes salahguna kuasa terhadap beliau dimulakan pada 2.11.1998. 15.2. Tanpa perlu mengulangi secara detail peristiwa diatas,saya menyatakan bahawa kedua-dua kejadian tersebut adalah antara beberapa keterangan kukuh untuk membuktikan keujudan niat jahat (mala fide) dan sikap bias  Gani Patail dan Musa Hassan dalam penyiasatan dan pendakwaan kes ini. 15.3. Walaupun Hakim mendiang Dato Augustine Paul menolak (expunged) keterangan DNA akibat penjelasan yang menimbulkan kecurigaan daripada Ahli Kimia Encik Lim Kong Boon, tidak bermakna bahawa perbuatan "mencuri" sample darah bagi tujuan DNA dan mereka keterangan palsu dalam perkara ini, terbatal sama sekali. Malah ianya mengukuhkan lagi dakwaan-dakwaan bahawa sample darah yang dicuri dari kawalan Dr.Zahari itu telah ditanam (planted) diatas "tilam masyhor" yang diusung turun-naik Mahkamah ketika perbicaraan. 15.4. Perbuatan Musa Hassan memberi keterangan palsu ("perjury") dalam perbicaraan kes salahguna kuasa terhadap Anwar, tiba-tiba terbongkar, apabila keterangan beliau berikan sendiri sebagai saksi PW75 dalam perbicaraan Kes Pendakwa Raya vs Ramli Yusuff di-Mahkamah Sesyen Kota Kinabalu, dibandingkan dengan keterangan yang beliau berikan dalam kes salahguna kuasa terhadap Anwar tahun 1998. Seorang Ahli Parlimen telah membuat laporan Polis terhadap Musa Hassan kerana melakukan kesalahan "perjury" ini dalam bulan Mac 2010, tetapi penyiasatannya disenyapkan begitu sahaja.   Analogi 16 Jika Musa Hassan dan Rodwan tidak pernah menemui Dr.Zahari berkaitan sample darah Anwar seperti yang dinyatakan diatas, maka Dr. Zahari Noor tidak akan memberikan keterangan sedemikian dalam perbicaraan kes salahguna kuasa terhadap Anwar dalam bulan Disember 1998. Rodwan juga tidak akan menyebut perkara DNA ini tanpa sebab dalam percakapan yang dirakamkan darinya pada 1.10.1998. 16.1. Jika Musa Hassan sememangnya seorang yang jujur, termasuk apabila memberi keterangan bersumpah,maka Hakim Supang Lian dari Mahkamah Sesyen Kota Kinabalu, tidak akan melabelkan beliau sebagai seorang saksi yang tidak bolih dipercayai, dan kesaksiannya juga ditolak. Walhal beliau adalah seorang Ketua Polis Negara dan memakai pakaian seragam lengkap ketika memberikan keterangan tersebut. Pendek kata Hakim Supang Lian tidak akan membuat komen sedemikian melainkan beliau mempunyai keterangan yang kukuh. 16.2. Jika Musa Hassan tidak ada memberi keterangan palsu ketika perbicaraan kes salahguna kuasa terhadap Anwar, dihadapan Hakim mendiang Dato Augustine Paul dalam tahun 1998, maka tidak akan ujud nota keterangan sedemikian yang bolih dibandingkan pula dengan nota keterangan beliau di-Mahkamah Sesyen Kota Kinabalu sebelas tahun kemudian. 16.3. Jika Musa Hassan tidak pernah memberi kemudahan dan membantu Gani Patail dalam membuat dan mereka keterangan-keterangan palsu dalam penyiasatan insiden mata-lebam tahun 1998, maka saya sendiri tidak akan merakamkan dalam diari penyiasatan saya ketika itu, mengenai peranan dan penglibatan beliau dan Gani Patail dalam salahlaku jenayah ini. Memoirs 17. Jika Musa Hassan telah berjaya meyakinkan Tun Mahathir untuk mempercayai Anwar terlibat dalam aktibiti homosexsual,lantas beliau dipecat dan dikenakan beberapa pertuduhan jenayah sehingga disabitkan kesalahan dan dipenjarakan, maka nota keterangan Musa Hassan berikan dalam perbicaraan salahguna kuasa terhadap Anwar itu sendiri, akhirnya telah membongkarkan segala pemalsuan dan penipuan lampau yang Musa Hassan telah lakukan. 17.1. Begitu juga apa yang berlaku keatas Gani Patail. Sungguhpun beliau berjaya meyakinkan Tun Mahathir dan Jemaah Menteri ketika itu,dengan memperkecilkan hasil penyiasatan Polis terhadap insiden mata-lebam, sehinggakan Jemaah Menteri percaya bahawa PDRM tidak telus dan professional dalam tugas mereka,lantas menubuhkan Suruhanjaya Di-Raja penyiasatan pula. Maka keterangan-keterangan yang terkandung dalam laporan Suruhanjaya itu sendiri,akhirnya telah mengesahkan segala pemalsuan dan penipuan yang Gani Patail telah lakukan. 17.2. Tanpa diduga 13 tahun kemudian,Tun Mahathir telah mengeluarkan memoirs beliau dalam "A Doctor in the House", pada bulan Mac 2011. Secara sengaja atau kebetulan, memoirs Tun dalam membincangkan peristiwa mata-lebam dan dakwaan terhadap Anwar, sebaliknya telah mengukuhkan lagi keterangan salahlaku jenayah terhadap Gani Patail dan Musa Hassan pula.      17.2.1.Jika Tun Mahathir dalam memoirs sendiri telah berterus terang pernah tersalah anggap, bahawa kecederaan mata-lebam yang Anwar alami itu adalah dilakukannya sendiri (self-inflicted), hanya untuk kemudiannya sedar bahawa kecederaan tersebut akibat serangan mantan Ketua Polis Negara,maka Tun juga bolih tersalah anggap mengenai aktibiti homosexsual Anwar. Tun Mahathir tidak bolih mengenepikan kemungkinan beliau telah diperdayakan olih Musa Hassan dengan butir taklimat yang ditokok-tambah atau dimanipulasikan. 17.2.2.Menilai semula penglibatan Musa Hassan dalam peristiwa, yang ramai tidak menyangka beliau sanggup lakukan,iaitu, "mencuri" sample darah untuk tujuan DNA,bersubahat dengan Gani Patail dalam mereka 3 laporan Forensik palsu serta kemudiannya memberi keterangan palsu dalam perbicaraan melibatkan Anwar, yang kesemuanya berlaku selepas beliau memberikan taklimat kepada Tun, maka kemungkinan Tun Mahathir telah diperdayakan menjadi lebih credible.     17.2.3.Saya menyatakan Tun sememangnya serius apabila beliau pada 8.10.1998 mengarahkan menerusi saya supaya tidak ada sebarang "cover-up" dalam penyiasatan kes-kes terhadap Anwar. Bagaimanapun Tun tidak mempunyai kawalan terhadap tingkahlaku Gani Patail dan Musa Hassan. 17.2.4.Tun Mahathir sendiri mengaku telah mengarahkan KPN supaya berhati-hati apabila menangani Anwar. Malah Tun (memberitahu saya ketika menemui beliau) telah meminta supaya Anwar tidak digari apabila ditangkap, jika bolih. Namun, Anwar tetap juga dibelasah olih mantan KPN tersebut sebaik ditangkap ketika kedua belah tangannya masih bergari. Begitu juga keadaannya,walaupun Tun telah mengarahkan supaya tidak ada sebarang "cover-up" terhadap kes-kes melibatkan Anwar, dan arahan tersebut telah saya sampaikan kepada mereka yang berkenaan,secara lisan dan bertulis, namun Tun tidak berupaya untuk menghalang  Gani Patail dan Musa Hassan daripada melakukan pemalsuan dan penipuan keatas Anwar dibelakang beliau. 17.2.5.Sekiranya Gani Patail sanggup melibatkan diri melesapkan dokumen yang mengaitkan beliau dengan salahlaku jenayah, sebelum laporan Suruhanjaya Di-Raja mata-lebam dipersembahkan kepada SPB Yang Di-Pertuan Agong, maka apalah manipulasi keatas rakyat biasa kepada beliau. 17.2.6.Dengan berat hati saya menyatakan,bahawa terdapat beberapa kenyataan mustahak Tun dalam Chapter 53 "Doctor in the House", khususnya menyentuh berkaitan siasatan kes mata-lebam dan tindak-tanduk Pendakwa Raya dalam perkara sama, adalah berbeza dengan fakta terkandung dalam fail siasatan rasmi yang dibuat pada 1998. Saya percaya pekara ini bolih berlaku akibat Tun telah diberikan maklumat atau taklimat yang telah dimanipulasikan dan mengelirukan. Kesimpulan Perkara 18. Berdasarkan kepada hujah-hujah yang tersebut diatas yang disokong dengan dokumen-dokumen dan keterangan yang ada dalam milik dan pengetahuan saya sendiri, saya berpendapat bahawa sabitan salah keatas Anwar dalam pertuduhan salahguna kuasa keatas beliau,telah diperolehi olih pihak Pendakwaan melalui jalan penipuan dan pemalsuan yang telah dilakukan dengan niat bersama olih Gani Patail dan Musa Hassan untuk faedah bersama mereka.  18.1. Tidak salah untuk menyatakan hukuman penjara yang Anwar telah lalui adalah penganiayaan terhadap beliau olih mereka berdua. PENUTUP 19. Selain daripada diri saya sendiri, saya mendapat maklum terdapat sekurang-kurangnya dua lagi pihak yang pernah menemui Perdana Menteri, YAB Dato Seri Mohd. Najib Tun Razak (PM Najib), bertujuan menyarankan supaya sesuatu tindakan diambil terhadap Gani Patail dan Musa Hassan. Ini memandangkan salahlaku jenayah yang telah mereka lakukan, adalah sangat ketara dan telah membebankan Negara, selain daripada memusnahkan kepercayaan Rakyat terhadap Institusi-Institusi Kerajaan. Saya mempunyai alasan untuk menyatakan, PM Najib turut sedar bahawa keterangan  terhadap Gani Patail dan Musa Hassan adalah jelas dan kukuh. Malahan, tidak ada jalan keluar bagi mereka berdua. Namun begitu, PM Najib nampaknya masih belum bersedia untuk melaksanakan kuasa beliau sebagai Perdana Menteri diatas sesuatu pertimbangan yang hanya beliau ketahui. Mungkin beliau sedang menunggu masa yang sesuai. Saya yakin PM Najib tidak akan timbulkan soal ketiadaan atau kekurangan keterangan terhadap mereka berdua. 20. Sebagai seorang yang terlibat secara langsung menangani isu-isu berkaitan Anwar sejak 1998, serta mempunyai pengalaman bersemuka dan berinteraksi dengan kesemua "pemain-pemain utama" perkara dalam persoalan ini,terutamanya Tun Mahathir sendiri, Gani Patail, Musa Hassan, Anwar Ibrahim, selain daripada Pesuruhjaya-Pesuruhjaya Suruhanjaya Di-Raja siasatan mata-lebam dan juga PM Najib, maka saya mampu menegaskan, bahawa segala pendedahan fakta yang saya buat dalam surat keluaran ini dan juga dalam beberapa banyak Surat Terbuka saya sebelum ini, tidak pernah lari sedikitpun daripada landasan kebenaran. 21. Saya menyimpan hak saya untuk menyambung ulasan mengenai isu ini pada masa yang sesuai, memandangkan perbicaraan kes Sodomi II akan disambung semula pada 19 September 2011, walaupun saya sedar akan risikonya. Sekian, untuk makluman dan tindakan YDH Tan Sri dimana berkaitan mengikut peraturan Undang-Undang sedia ada. Salam sejahtera. Yang benar, Mat Zain Ibrahim

We were a British colony: A response to Zainal Kling Posted: 11 Sep 2011 03:14 PM PDT   Colonialism entails the exploitation of the wealth and potential of a nation by another. The scenario is that one nation becomes subjugated by the power and authority of another nation. By the MPN's own admission Malaya's natural resources and financial authority was exploited by the British "in a breach of trust" rendering Malaya's actual political power and capacity effectively impotent. By Ahmad Fuad Rahmat. Harakah Daily  Dr. Zainal Kling together with National Professors' Council (MPN), which claims up to 1500 members, recently argued that Malaysia was never colonized by the British. As reported in Malaysiakini and Berita Harian, Their argument in essence reads as follows: 1. Malaya was a British protectorate, not a colony. 2. But the British did have administrative powers in the fields of finance and the exploitation of Malaya's natural resources. 3. Despite this, Zainal (left) still maintains that Malay sovereignty (kedaulatan Melayu) was still protected. 4. Therefore, what is now Malaysia (with the exception of Malaka and Penang) was never colonized by the British. The problems with Dr. Zainal's argument  are as follows: 1. The argument is illogical Colonialism entails the exploitation of the wealth and potential of a nation by another. The scenario is that one nation becomes subjugated by the power and authority of another nation. By the MPN's own admission Malaya's natural resources and financial authority was exploited by the British "in a breach of trust" rendering Malaya's actual political power and capacity effectively impotent. If a nation is exploited in such a manner then in effect that nation's sovereignty was violated.  Since this was the case in Malaya, as was presented by the facts already in MPN's reasoning, then Malaya was by definition colonized by the British. At any rate, the remaining question is that if Malaya was merely a British protectorate ('dinaung') then why were the British also exploiting it? 2. Malay sovereignty was not protected under Perjanjian Pangkor. For it gave the British legal mandate to advise and interfere in local affairs This has been explicitly admitted in Penilaian Menengah Rendah (PMR) textbooks for decades: that much is even admitted in the Pemuda UMNO website. At any rate, some facts are undisputable: * The perjanjian was written in English. * It was signed on a British boat. * Article 6 of the perjanjian reads as follows: "That the Sultan receives and provides a suitable residence for a British Officer to be called Resident, who shall be accredited to his Court, and whose advice must be asked and acted upon on all questions other than those touching Malay Religion and Custom."(See H.S. Barlow's Swettenham, p. 45) * The collection of taxes was to be overseen and managed by the British Resident. * Due to British pressures and political manoeuvring Sultan Ismail was deposed in place of Sultan Abdullah. 3. They do not understand what sovereignty means Sovereignty in a basic sense means power. In terms of the modern nation state, political sovereignty basically means that the absolute power and control of a nation and its territory rests in the state. Thus, a country is said to be independent because it has ostensibly gained its sovereignty. Sovereignty in a basic sense means power. Political sovereignty means that the absolute power and control of a nation and its territory rests in the state.   What this means is that the finances and the natural resources of the state is a part of its sovereignty. Dr. Zainal, for some reason, assumes that because the British left the crumbs of Malay culture and religion under the Sultan's rule this ought to mean that kedaulatan Melayu was safeguarded. The British, coming all the way from Europe eyeing our wealth, natural resources and economic potential first and foremost, of course had little concern for how we prayed and conducted our superstitions and cultural practices. The British residents had what mattered more in determining the sovereignty of a nation: its economics and an influence in the political system. 4. The argument assumes that colonialism had to be direct But colonialism is rarely direct. Just look at the basics of history. It is the nature of modern European colonialism that the total size of the colonies is much greater than the size of the colonizing nation. This was the case for Britain as much as it was for France, Spain, Belgium, the Netherlands, Germany and Portugal. For example: The small nation of Portugal managed to amass the amount of land that covers the size of Brazil. The Dutch did the same in Indonesia, and Spain did the same in the Spanish-speaking Americas. This is to say little of the size and global reach of the British Empire. This applied in all cases of modern European colonialism: much of the globe was overtaken by countries that were small. The point is that the colonizing nations could not have maintained their global presence for centuries by military power or direct rule alone. They needed other means to legitimize their presence while being outnumbered in foreign lands and cultures. The methods of securing that presence varied: a common strategy is to convert the colonized into the ideology or religion of the colonizers, typically to convince the colonized that they were inferior. Another typical approach was for the colonizers to work with their agents and partners from among the colonized, either as business partners or co-administrators to help facilitate and expedite the exploitation process. In other words, colonialism had no problems working with a local ruling class as advisors or bureaucrats, or in Malaysia's case functioning in the guise of being a protector, or serving as "residents". In fact, that only made colonialism more efficient since the colonizers would have direct local partners to protect and legitimize their presence. Conclusion In concluding we ought to recall that Dr. Zainal and the MPN's arguments were made in direct response to Mohamad Sabu's recent attempts to broaden the scope of Malaysia's history of anti-colonial struggles. By concluding that the British were never actual colonizers of Malaysia, he sought to discredit the Malaysians, in particular, the Malaysian left who had made the British – instead of the Communists or to a lesser extent the Japanese - the chief villains in the struggle for Malaysia's independence. The lesson to be noted here is not just the deeply ideological nature of Dr. Zainal and the MPN's arguments, but the deeply ideological nature of any struggle for decolonization and independence. The left-right distinction that is slowly surfacing in these debates should remind us that independence is more than just about simply removing a foreign conqueror. What the visceral reactions we are seeing clearly highlight is that the struggle is still much about the principles of what a just society ought to be. Some are content with the way Malaysia turned out, while some believe that there are higher possibilities beyond this. Memory is where freedom really begins. We can only make the right choices for the future based on what we can recall of our past successes and mistakes. In other words, we are only as good (or bad) as what we want to remember and forget. * The writer is research fellow, Islamic Renaissance Front, Kuala Lumpur.

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• Opposition pact’s seat negotiations hit snag in 5 states
• HRP demands 23 seats from Pakatan
• ‘Najib must ban Merdeka fests, history books’
• PAS chief calls Umno/BN a ‘disease’
• After ousting Pak Lah, Mahathir now turns to Najib?
• Formidable hurdles in KL's education reform
• Ringgit Slides as Europe Crisis Damps Risk Taking; Bonds Drop
• Stop squabbling for seats, DAP tells Pakatan allies
• PAS claims Dr M out to oust Najib
• Malaysian rapper skewers racial ties in new film
• Malaysia PM: Expect To Touch 5% Economic Growth In 2011
• MAS sponsorship for Queen Park Rangers jersey to cost RM18mil
• Najib: NEP to stay, but with modifications

Opposition pact’s seat negotiations hit snag in 5 states Posted: 13 Sep 2011 07:59 PM PDT (Bernama) - The opposition pact's seat negotiations still hit a snag in at least five states as their respective state leaders scramble to resolve the differences. The opposition pact partners, PKR, DAP and PAS, are still unable to finalise the seat negotiations for Johor, Pahang, Sarawak, Perak and Kedah where the leaders have asked for more time to resolve the differences, mostly over  overlapping claims. "The August deadline was just a guideline. A few states have asked for  extension to resolve the matter. It only involves a few seats, not many," said PKR secretary-general Saifuddin Nasution when contacted yesterday. The opposition leaders were supposed to wrap up negotiations over the allocation of state and parliamentary seats for the next general election as soon as possible to avoid any conflict among the three parties. PAS and DAP are said to be eyeing some parliamentary seats won by PKR in the 2008 general election, but which it lost due to defections. In the 2008 general election, the opposition pact secured 82 parliamentary seats, with PKR emerging as the largest opposition party in Parliament with 31 seats, DAP having 28 and PAS 23. The opposition pact managed to wrest control of four states — Selangor, Perak, Penang and Kedah — and retained Kelantan. However, seven PKR members of parliament quit the party after the elections and became independents, and BN took back Perak after three state assemblymen (two from PKR and one from DAP) quit their parties and became independent elected representatives. In the recently concluded Sarawak state election, PKR and DAP locked horns over several key seats, which resulted in the much-publicised row between the leaders of the two parties.

HRP demands 23 seats from Pakatan Posted: 13 Sep 2011 06:30 PM PDT The Human Rights Party is threatening a 10,000 people protest if Pakatan does not give it seven parliamentary and 16 state seats. (Free Malaysia Today) - The Human Rights Party (HRP) is demanding that Pakatan Rakyat give up seven parliamentary and 16 state assembly seats to HRP to contest in the general election. Failing which, the party's protem secretary P Uthayakumar has threatened that at least 10,000 Indians will protest outside the PKR headquarters. And that, too, on the first Sunday after Parliament has been dissolved. Uthayakumar said the party came to this decision after Pakatan refused to have any dealing with HRP. Speaking at a forum and fund-raising dinner at Sitiawan on Sunday, he said HRP would be contesting in seven parliamentary and 16 state seats in Indian-based constituencies. The seven parliamentary seats are Padang Serai (Kedah), Batu Kawan (Penang), Ipoh Barat (Perak), Kota Raja (Selangor), Teluk Kemang (Negri Sembilan), Cameron Highlands (Pahang) and Tebrau (Johor). The 16 state seats are Bukit Selambau and Lunas (Kedah), Prai and Bagan Dalam (Penang), Buntong and Hutan Melintang (Perak), Port Dickson and Jeram Padang (Negri Sembilan), Tanah Rata and Ketari (Pahang), Puteri Wangsa and Tiram (Johor) and Sri Andalas, Ijok, Seri Setia and Bukit Melawati (Selangor). Uthayakumar said HRP is eyeing four state seats in Selangor because one-third of the Indian population in Malaysia live in Selangor. "In the last general election, we gave Pakatan a chance where for the first time BN lost its two-third parliament majority and lost control of five states." But, he said Pakatan failed to address the problems faced by the Indian community. "So, this time Hindraf would not give a 'blank check' and make the same mistakes. Our demand is very simple. Let's work together and vote Umno out," he added. READ MORE HERE

‘Najib must ban Merdeka fests, history books’ Posted: 13 Sep 2011 06:26 PM PDT Two NGOs have asked the government to ban Merdeka celebrations and history books until an accurate account of the nation's past is compiled. (Free Malaysia Today) - Prime Minister Najib Tun Razak must ban Merdeka celebrations and history textbooks until an accurate account of the nation's past is compiled. In making the call, two Indian NGOs urged the government to set up an independent team of experts to research the historical facts. Malaysian Indian Progressive Association (MIPAS) president A Rajeretnam said the government must do this since former premier Dr Mahathir Mohamad claimed that the information contained in textbooks was inaccurate. Furthermore, he said the Majlis Professor Negara (MPN) also claimed that the country was never colonised by the British. "The public are confused by these statements," he told a press conference here. As for the proposed independent team, Rajaretnam said it should comprise representatives from the opposition as well as NGOs. "The major issues which should be looked into is why we celebrate independence day and why (first prime minister) Tunku Abdul Rahman is considered the 'Father of Independence' if we have never been colonised by the British," he added. He said the government must also clear the air over Malayan Communist Party member Mat Indera (Muhamad Indera) who fought against the British colonial masters. "Datuk Naning, Tok Gajah, Mat Kilau, Maharaja Lela and others have been declared as national heroes. They did the same thing as Mat Indera, which is to fight against the British," he added. He urged Umno not to destroy the real history of Malaysia because of political interest. READ MORE HERE

PAS chief calls Umno/BN a ‘disease’ Posted: 13 Sep 2011 06:17 PM PDT (The Malaysian Insider) - PAS President Datuk Seri Abdul Hadi Awang urged voters today to throw out the Barisan Nasional (BN) federal government in the next general election because he said the Umno-led coalition was a "disease" that future generations should not be forced to endure. In a strongly-worded Malaysia Day message, Hadi blamed Umno and BN for the decline in the country's competitiveness, rising cost of living and election fraud. "Do not let Malaysia become weaker under the Umno-BN government, because it is our children and grandchildren's generation who will suffer," he said. Hadi's comments come amid the backdrop of an intense row between PAS and Umno over allegations that Mohamad Sabu, his deputy in the party, had labelled a Communist as an independence fighter. Utusan Malaysia had carried a front-page report on August 27 alleging that Mohamad had said that the communists who attacked the Bukit Kepong police station during the communist insurgency were heroes. The Umno-owned daily reported that Mohamad made the remarks at a political ceramah in Tasek Gelugor, Penang on August 21. Mohamad had repeatedly said that Utusan's coverage of his speech at the time was filled with falsehood, and that immediate legal action was required as the "lies" could affect him and his family. "PAS would like to emphasise that we are against all colonists, whether communist or non-communist, from the east or the west," Hadi said today. "It is the instinct of all human beings regardless of background, race, religion and language to live as free and independent people, with a body and mind independent from all forms of slavery. There will be no sane person who wants to live under the shackles of any occupation, let alone have their minds and actions controlled." READ MORE HERE

After ousting Pak Lah, Mahathir now turns to Najib? Posted: 13 Sep 2011 06:16 PM PDT (Harakah Daily) - Prime Minister Najib Razak is increasingly feeling the pressure once heaped on his predecessor Abdullah Ahmad Badawi, following a spate of statements coming from former strongman Dr Mahathir Mohamad. WHO'S THE STRONGEST OF THEM ALL? ... After pressuring Abdullah (middle) to resign, Mahathir is said to be planning Najib's retirement This is the observation made by PAS vice president Mahfuz Omar, who said such a reality could be seen following Mahathir's recent statement telling Najib not to hold general election earlier. Mahathir had claimed that an early election would not be beneficial to Barisan Nasional as more time was needed to finalise BN's candidates based on the new "winnable candidates" criterion. The former prime minister, who played an influential role in the resignation of Abdullah before and after the March 2008 general election, warned Najib that some leaders would sabotage the candidates whom they thought were not qualified. "It has been common practice for someone who does not get selected as a candidate to go out of their way to prove the other person who is selected is not qualified. "This problem is hard to overcome. There is still a problem," Mahathir was quoted as saying. For Mahfuz, the comments laid bare internal problems within UMNO and BN. "I don't deny that he is again trying to replay his role to give pressure to the current prime minister, which happened during Pak Lah's time. Mahathir's advice for BN to delay (the election) so that it could go through the candidates list to ensure a BN victory highlights his focus on Najib's position as the BN chief," said the Mahfuz. Mahfuz (left) said Mahathir was being widely seen as the mastermind behind a plan to oust Najib before the general election. "In fact, it is not impossible that some of them will follow Mahathir's orders. Mahathir will just give pressure and ensure Najib goes out before the election, and he is seen as the mastermind in this effort. "I am sure that what he has voiced out will have takers from among UMNO and BN," he added. According to Mahfuz, Mahathir was suggesting that in order to ensure a victory for BN, its chairman (Najib) must be replaced by someone who members could regard as a leader.

Formidable hurdles in KL's education reform Posted: 13 Sep 2011 04:20 PM PDT By Salim Osman, The Straits Times Malaysian Deputy Prime Minister Muhyiddin Yassin announced last month that a committee had been set up to study the country's education system. Its objective is to recommend ways to overhaul the 50-year-old system. Tan Sri Muhyiddin, who is also Education Minister, was candid when he explained the reason for the revamp: "Our education policy is not on a par with others." That initial announcement was met with much enthusiasm in Malaysia, especially from parents. Even those critical of the system have thrown their support behind the government initiative. This is a good start, showing support for reform. That the government-led initiative can garner support from different sectors of society suggests that on this issue, at least, people take the government's plan seriously and have high hopes for its success. The committee will have to work hard not to dissipate that goodwill, but to harness it to seek solutions. The reforms are also well-timed, as they seek to align education policy with the economic agenda of Prime Minister Najib Razak to bring the country to the next level of development, with high growth and high income by 2020. Malaysia's education system needs to produce workers who are competitive and skilled technically, and who are proficient in English. Without this essential human capital, no true economic transformation can take place. The government committee will present a report later this year. It faces a daunting challenge. The current education system has been shaped by the Razak Report of 1956. Malay is the medium of instruction in all public schools at primary and secondary levels and at higher institutions of learning. At university level, English is widely used, even though in theory Malay, as the national language, is the only medium of instruction for all subjects. As a political concession to non-Malays, the government allows vernacular schools to exist at primary level, where Chinese or Tamil are the languages for instruction. Secondary-level education in Chinese is only available at independent Chinese schools. There are no English-medium schools as all of them were converted to the Malay stream from 1970, in line with the language and education policy. As part of the affirmative actions under the New Economic Policy of 1971, a number of Malay-only programmes and institutions have been created, such as Mara Junior Science colleges, to raise the number of Malay students studying science. There is also an ethnic quota for admission into local tertiary institutions. Critics say that pro-Malay programmes and policies have deprived Chinese students of an equal opportunity to study in public tertiary institutions, forcing them to enrol in large numbers in private colleges and universities. Ironically, these pro-Malay programmes have forced Chinese students to become trilingual in Chinese, Malay and English, giving them an edge over Malay students who tend to be monolingual. Years of emphasis on Malay as the medium of instruction have taken a toll on English proficiency. Employers have grumbled that graduates of public universities - mostly Malays - have such a poor command of the language that they are not employable for many jobs. The government re-introduced English as the medium for science and mathematics in 2003, but faced strong opposition from Malay nationalists and Chinese educationists. While Malays argued the move would dilute the national language, Chinese educationists felt it would undermine Chinese as a medium of instruction in Chinese schools. In 2009, the government announced that the scheme would be scrapped and that the subjects would be taught in Malay once again from next year. The main reason given by the government was that over 67 per cent of the teachers were not competent enough to teach in English, and that more than 73 per cent of the students were not able to cope with the subjects taught in English. But this has not stopped Malay-led groups like Parent Action Group for Education (Page) to continue pressing for the return of English in the teaching of science and mathematics. Others, keenly aware of the benefits of an English education, are calling for the revival of English-medium schools to exist side by side with national and vernacular schools. Getting the language policy in schools right is crucial for Malaysia's future. Another big issue is whether the education system facilitates ethnic integration. Critics say that instead of integrating students of all races, the school system has polarised the population. Ethnic integration is difficult to forge in schools as Malay children attend the Malay-medium national primary schools, staffed almost entirely by Malay teachers. Chinese and Indian parents tend to enrol their children in Chinese and Tamil schools respectively, considering these to be of better quality than Malay-language government schools. Attempts at integrating students of all races through "integrated schools", "vision schools" and "cluster schools" have failed. At the tertiary level, Malays dominate public universities because of the ethnic quota policy that gives 55 per cent of places to Malays, 30 per cent to Chinese and 10 per cent to Indians. Many non-Malays who do well enough to pursue a tertiary education end up in private universities. A rising tide of Islamic fervour has also resulted in government schools becoming more "Islamic" to compete with Islamic schools for Malay students. This, however, has resulted in non-Malay children shunning government schools for vernacular ones. It will not be easy for the government to institute reforms. Education in Malaysia concerns not only the economy and the future of a generation. It is also inextricably bound up with race, and ultimately with politics. The committee may recommend reforms to the existing system. But it will require tremendous political will and difficult negotiation and consultation with relevant stakeholders to carry it out. This will be extremely difficult. And yet it will be necessary, for Malaysia's future.

Ringgit Slides as Europe Crisis Damps Risk Taking; Bonds Drop Posted: 13 Sep 2011 03:59 PM PDT Edited by Ven Ram, Sandy Hendry, San Francisco Chronicle Sept. 13 (Bloomberg) - Malaysia's ringgit fell to a two- month low on speculation Europe's debt-market turmoil will sap the global economic recovery and prompt policy makers to halt monetary policy tightening. The currency slid 2.9 percent in seven straight days on concern a default by Greece will temper demand for emerging- market assets. The one-year interest-rate swap declined yesterday to the lowest level in 2011 after Bank Negara Malaysia kept its policy rate on hold last week, citing the possible fallout from the slowdown in the world economy. Bonds dropped. "The Europe situation remains unresolved and people are avoiding risk because of the potential domino effect," said Nik M. Khairul, a treasury dealer at Asian Finance Bank Bhd. in Kuala Lumpur. "There's little room for central banks to tighten for the rest of this year given the slowdown signs." The ringgit fell 0.6 percent to 3.0555 per dollar as of 4:20 p.m. in Kuala Lumpur, according to data compiled by Bloomberg. The currency has lost 4.2 percent since hitting a 14- year high of 2.9335 on July 27, trimming its advance this year to 0.3 percent. The one-year onshore swap rate, the fixed cost needed to receive a floating payment, fell to 3.14 percent yesterday after Bank Negara kept its overnight policy rate unchanged at 3 percent on Sept. 8. Swaps have dropped 36 basis points, or 0.36 percentage point, this quarter. The central bank holds its final scheduled meeting of this year on Nov. 11. Malaysia's five-year government bonds fell, lifting yields from a 10-month low. The rate on the 4.262 percent notes due September 2016 increased four basis points to 3.25 percent, according to Bursa Malaysia. The treasury will sell 4 billion ringgit ($1.3 billion) of Shariah-compliant notes maturing in November 2016 tomorrow in the first of two debt sales scheduled for this month.

Stop squabbling for seats, DAP tells Pakatan allies Posted: 13 Sep 2011 03:45 PM PDT By Shazwan Mustafa Kamal, The Malaysian Insider KUALA LUMPUR, Sept 14 — The DAP has demanded Pakatan Rakyat (PR) parties stop publicly airing disagreements regarding seat negotiations, citing concerns that such incidents could affect the relationship among the coalition parties. DAP national vice chairman Tan Kok Wai said the advice also applied to his own party members, and that PR leaders should abide by rules and guidelines set out by the pact's national leadership regarding the matter. According to Tan, the PR leadership had drawn up specific guidelines during a recent coalition retreat. PR leaders and members have been ordered to negotiate seat allocations internally and to avoid openly discussing or criticising any coalition partner. Tan stressed that it was "imperative" that the guidelines be observed, and that all PR parties should be seen as trusting and co-operative at all times. But the DAP leader also admitted that discussions on seat allocations in various states are still ongoing and have "yet to be concluded." "However, positive strides are being made in finalising the seat arrangements amongst PR coalition members for the coming general elections.  "The PR leadership will be making the necessary announcement at the appropriate time once the seat negotiation process has been finalised," he said in a statement today. Tan reminded his own party colleagues against making any statements that may be "misconstrued" as a sign that PR parties were involved in seat tussles. The Malaysian Insider reported on July 20 that PR leaders were confident that negotiations over state and parliamentary seat allocations among PKR, PAS and DAP could be finalised by the end of July, ahead of an anticipated early general election. READ MORE HERE

PAS claims Dr M out to oust Najib Posted: 13 Sep 2011 03:39 PM PDT By Clara Chooi, The Malaysian Insider KUALA LUMPUR, Sept 14 — PAS today accused former prime minister Tun Dr Mahathir Mohamad of exploiting his influence in Umno to mastermind a plot to unseat Datuk Seri Najib Razak ahead of the next general election. PAS vice-president Datuk Mahfuz Omar named the influential Dr Mahathir as the hidden hand behind an uprising within Umno's ranks against Najib and his men, pointing out that the country's longest serving prime minister had done the same to Tun Abdullah Ahmad Badawi during the tail-end of his career. "Dr Mahathir has returned to become the mastermind in Umno's chess game... the internal politicking and the chaos in Umno... much like what happened during the movement to topple Pak Lah (Abdullah)," the Pokok Sena MP told a press conference here. Mahfuz attributed his suspicion to a statement by Dr Mahathir during an RTM television interview on Monday when the latter urged Najib against calling for early snap polls and use the time instead to work on searching for winnable candidates for Barisan Nasional (BN).  "I think that if it's held a little later, it's OK; there should be time for Najib to make an assessment on who should be chosen as a candidate," Dr Mahathir had said. Mahfuz said Dr Mahathir's was subtly hinting to Najib his view that the prime minister himself was incapable of leading BN to victory in the coming polls, seen as the ruling pact's most crucial to date after a poor showing during Election 2008. The PAS man alleged that Umno leaders themselves now consider Najib a liability to the party and are conspiring to replace him before the polls. "That is why Dr Mahathir is asking Najib to delay the polls because they are now admitting to internal pressure within Umno, they do not want the elections to be called in a situation where Najib is still the leader," he said. PAS secretary-general Datuk Mustafa Ali made a similar allegation recently of a purportedly huge uprising within Umno to oust Najib amid fears that the prime minister and his wife Datin Seri Rosmah Mansor would cost BN its hold on Putrajaya in the coming polls. But the Islamist party claimed that Najib was fully aware of this movement and has refused to step down as he is determined to lead BN into the polls, expected to be held in coming months. READ MORE HERE

Malaysian rapper skewers racial ties in new film Posted: 13 Sep 2011 01:25 PM PDT By MSN Philippines News An ethnic Chinese rapper accused of stirring Malaysian racial tensions has brought his social commentary to cinemas with a food-themed comedy celebrating the country's mixed cultural recipe.   But Wee Meng Chee -- better known by the alias Namewee -- characteristically pulls few punches in "Nasi Lemak 2.0," an unusually daring exploration of a tide of racial distrust that has stoked concern in multi-ethnic Malaysia. The comedy, named after the national rice dish and which opened last week, takes an unflinching but ultimately fond look at many of the racial stereotypes that Muslim-majority Malaysia's various ethnic groups aim at each other. The main character, an arrogant chef played by Wee, expresses revulsion at Islamic practices such as circumcision. In another scene, an ethnic Chinese student complains of difficulty getting into college, a reference to quota policies and other privileges favoring the dominant Malay ethnic group. "My message is that the system in Malaysia is unequal... But when we live together, we eat together, there is no racism," said Wee, sitting for an interview with AFP wearing his trademark beanie pulled down to his eyes. More than half of Malaysia's near 28 million population are Malay Muslims, who live alongside sizeable Chinese, Indian and indigenous minorities. Overt racial and religious antagonism has been largely avoided since deadly race riots in 1969. But tensions have increased recently amid rising resentment over the Malay preferential policies, a trend toward what many say is increasing Islamisation of society, and other recent disputes. Wee first stirred the hornet's nest in 2007, shooting to celebrity with a song mocking the national anthem. In 2009, authorities threatened sedition charges over another song, "Nah" -- based on a real incident -- which lashes out a Malay school headmistress who makes racist slurs against her ethnic Chinese and Indian students. Wee insists he is a patriotic Malaysian and that his art is meant to provoke a positive discussion leading to fairness and social harmony. With potentially divisive snap elections expected to be called soon, Prime Minister Najib Razak has pushed his "1Malaysia" campaign promoting ethnic unity, and Wee said the film was meant to support that. However, he adds: "I want to show the real Malaysia, how we live together. For 1Malaysia to work we have to be treated equally." "I just want to share my music, my creativity with my true feelings without hiding anything." The film's plot is anchored in Malaysia's undisputed common cultural touchstone: love of the country's diverse and spicy cuisine. Wee plays Chef Huang, who studied Chinese cooking in China and ridicules Malay food. Roped into a cooking competition, he finds however that he needs the help of people from all races -- including a Malay with four wives and Indians who dance Bollywood-style -- to create a delicious new version of nasi lemak. Co-producer Fred Chong told AFP the movie -- which mixes several of the nation's languages and dialects -- made more than 1.5 million ringgit ($500,000) in its first four days in cinemas, closing in on a previous high of 1.6 million ringgit for a movie by an ethnic Chinese producer. Malaysia's film market is dominated by Malay and, above all, Hollywood films. "Nasi Lemak 2.0" was made on less than 1 million ringgit after private investors pulled out last year, spooked by the threat of sedition charges against Wee. None were ever filed. Despite the film's positive message, Wee remains outspoken. He said "Nasi Lemak 2.0" was aimed at Internet-savvy Malaysian youngsters fed up with official calls for unity by the Malay-dominated government that has been in power for decades. "Our government always treats the people who are against them or disagree with them as criminals," he added, referring to the threatened sedition charges. With its cast of local stars, song-and-dance numbers, martial arts routines, and numerous jokes drawing on current events, the movie has proven a hit with some, and Wee's Facebook page has been bombarded with supportive postings. "Nasi Lemak 2.0 may not be perfect, but it has its moments," leading English daily The Star said in a review. "It's a Malaysian movie, yes, but it is out to make us take a good hard look at ourselves... and laugh."

Malaysia PM: Expect To Touch 5% Economic Growth In 2011 Posted: 13 Sep 2011 01:19 PM PDT By Ankur Relia KUALA LUMPUR (Dow Jones)--Malaysia's export-driven economy is likely to expand 5% this year, but a serious downturn in the global economy will hurt its prospects for further growth, Prime Minister Najib Razak said Tuesday. "To get beyond 5% growth we need strong external demand," Najib told participants in Forbes Global CEO Conference in Kuala Lumpur. Sagging exports in recent months, caused by weaker demand from developed countries, have slowed Malaysia's economy. It expanded 4.0% on year in the second quarter of 2011, compared with 4.9% in the first quarter. To maintain its growth rate, the Southeast Asian nation must stimulate domestic investment and demand, Najib said. Najib, who is also the finance minister, also said the government remains committed to gradually reducing subsidies for commodities like gasoline, diesel, sugar, flour, and for electricity. The Malaysian government's subsidy burden was MYR24.93 billion in 2010, or 16.4% of the gross domestic product, the finance ministry says. Najib added that the government aims to cut is fiscal deficit to 3.0% in the next few years, with the target for this year 5.4%, compared with 5.6% in 2010. Apart from reducing subsidies, the government intends to introduce goods and services tax to achieve its deficit reduction goals. "The question is the timing," he said. The tax will probably be introduced after the next national elections, he said The government has until March 2013 to call for general elections. "It is bit of a guessing game...It is one of those thing where you must get the timing right," he said. Malaysia, already a major market for Islamic finance, is setting up a large Islamic bank, with a paid-up capital of at least $1 billion. "I just got confirmation of a major commitment from one of the Middle Eastern countries. So we are putting together this because we believe that Islamic finance has a bright future and Malaysia is in the forefront," he said.

MAS sponsorship for Queen Park Rangers jersey to cost RM18mil Posted: 13 Sep 2011 01:00 PM PDT This is how the new queens park rangers home jersey will look like now that Malaysia Airlines are the new sponsors. (The Star) - PETALING JAYA: Malaysia Airlines' (MAS) recently-announced sponsorship for the Queen Park Rangers (QPR) home jersey in the Barclays Premier League will cost the national carrier some RM18mil or 3.7mil, according to a source. The total sponsorship fee for both MAS and AirAsia for the English professional football club, which involves a term of two years, would cost some RM30mil (6.2mil), the source added. "MAS will take up a bulk or almost 60% of the total fees while the remaining will be forked out by AirAsia Bhd and its related companies which could also involve AirAsia X. "Typically, the home jersey sponsorship is more expensive than the away jersey," the source said. On Monday, MAS and AirAsia signed a jersey deal for QPR which will see the MAS logo adorn the jersey at home while the AirAsia logo will be used on the team's away games. "This sponsorship is the first major initiative of our new brand and marketing strategy that would see important advertising money spent on boosting our top line. This is a key component in our drive to regain global market share, profitability," said MAS executive director Mohammed Rashdan Yusof. Even so, most analysts are not thrilled. Their main grouse is that MAS should instead be focusing on strengthening its flagging financial status and showing some concrete moves towards this end. Moreover, the crucial post of a chief executive officer for MAS has still yet to be filled. The sponsorship deal by the two airlines closely follows a landmark share-swap deal involving the major shareholders of the respective airlines in early August which had turned the rivals into allies. AirAsia's chief steward and major shareholder Tan Sri Tony Fernandesand his partner, Datuk Kamarudin Meranun, collectively own a 75% stake in Tune QPR Sdn Bhd, which in turn owns 66% of QPR Holdings Ltd. Fernandes, who only recently acquired the stake in the football club, is currently chairman of QPR. In an earlier announcement to Bursa Malaysia, AirAsia said it would cough up some RM2.4mil or 500,000 as sponsorship fees for the duration of the two-year term. Only in June this year, Genting UK, the largest casino operator in Britain, sealed a pact to be the main jersey sponsor for Aston Villa for two years. Although the amount was not disclosed, a source said the total sponsorship fees for the two years collectively involved some RM17mil or 3.5mil.

Najib: NEP to stay, but with modifications Posted: 13 Sep 2011 12:42 PM PDT (The Malaysian Insider) - The prime minister reassured Malaysians that affirmative action policies introduced in the New Economic Policy (NEP), however they would evolve to become more market friendly and merit based. Datuk Seri Najib Razak said the government was setting out to create more opportunities for Bumiputeras rather than just imposing quotas in economic activities, Bernama Online reported. Najib, who is also the finance minister, said that there is realisation the NEP is not popular with the market, and also not really helping Bumiputeras. READ MORE HERE

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Ah Q conception of history Posted: 13 Sep 2011 10:48 PM PDT Denying that we were ever colonized by the British is certainly a novel interpretation but intensely "Ah Q" if you ask me. I do believe our learned professors have got their intellectual knickers in a knot simply because they wanted to show that our gallant men at Bukit Kepong were not defending British colonialism and thus, chastise Mat Sabu in the process. By Kua Kia Soong (Director of Suaram) The Professors' Council's recent pronouncement that Malaya was never colonized by the British reminds me of the "Ah Q conception of history". Ah Q was of course China's most famous modern writer Lu Xun's euphemism for a people's self-deception. In Lu Xun's fable about the Chinese national character of his time, the feckless Ah Q would put on a ludicrous front of self-deception even in the face of extreme defeat and humiliation; he was a bully to the underdog but sickeningly deferential to the powerful mandarins. Denying that we were ever colonized by the British is certainly a novel interpretation but intensely "Ah Q" if you ask me. I do believe our learned professors have got their intellectual knickers in a knot simply because they wanted to show that our gallant men at Bukit Kepong were not defending British colonialism and thus, chastise Mat Sabu in the process. To think that all these 54 years of celebrating Merdeka was all an elaborate farce is as much a smack in the face for the Alliance and BN leaders who have ruled this country since 1957. Maybe that is why UMNO and the BN leaders have not picked up the cue from our learned professors. If the learned professors had bothered to scrutinize the enabling document, in this case the Federation of Malaya Independence Act 1957, they would instantly read in its preamble: "…establishment of the Federation as an independent sovereign country…for the termination of Her Majesty's sovereignty and jurisdiction in respect of the said settlements, and of all other Her power and jurisdiction in and in respect of the Malay states or the Federation as a whole…" Certainly any historian who obfuscates the fact that British colonization of Malaya was for exploitation of our natural resources and cheap labour would be suffering a serious case of intellectual jaundice. British historians Christopher Bayly and Tim Harper in their recent book "Forgotten Wars: The End of Britain's Asian Empire" have written: "(Southeast Asia) exported two-thirds of the world's tin, and British Malaya alone provided half the world's production of rubber…These industrial colonies were a major buttress of the sterling area…Japan's blitzkrieg to the south in 1941 had as its principal target the oilfields of British Borneo and Sumatra, and the iron and bauxite mines of Malaya…The economic resources of Southeast Asia were seen by Britain as so vital to its domestic recovery that it was willing to expend an unprecedented amount of blood and treasure in its reconquest." (Penguin, 2007: 11) The history and analysis of the Malayan Emergency is necessarily a class analysis of this colonial exploitation and the classes which collaborated with the British colonial government. At the same time, the anti-colonial struggle must acknowledge the contributions of the patriotic class forces in all the ethnic communities to Independence and nation building. Divide-and-rule strategy was the corner stone of the British colonial power and the communal politics from the Malayan Union (1946) through the Federation of Malaya Agreement (1948) to the final Merdeka Agreement must be understood for us to realize the status quo at Independence and the communalist politics since then. The "Alliance Formula" was rife with contradictions from the start and we are still trying to pick up the pieces today. The repression during the 'Emergency' also enabled the colonial power to exploit sectional interests and thereby isolate the working class from the peasantry.   The Neo-colonial Solution From the Colonial Office and Foreign Office documents of the period uncovered from the Public Records Office in London (published in my latest book "Patriots & Pretenders: The Malayan Peoples' Independence Struggle", Suaram 2011), it has been possible to provide evidence of the thinking and calculation of Western (not only British) imperialism with regard to South-East Asia, but especially the importance laid on securing Malaya for economic, political and military-strategic interests. They show the priority accorded during the Emergency to defeating the anti-colonial forces spearheaded by the workers. The post-war period was also one of re-dividing the world by Western imperialism, which under the hegemony of the US, began to move toward an integration rather than division of interests. These records reveal the articulation of the whole Western, rather than solely British, interest in Malaya. The atmosphere of repression during the 'Emergency' provided the British colonial power with an opportunity to deflect the forces of revolt and effect the neo-colonial accommodation. The entire colonial strategy - especially the aftermath of the Malayan Union crisis - had convinced the British that the custodians of an Independent Malaya would be the traditional Malay aristocracy. This was in keeping with the communalist strategy of British rule throughout their colonization of Malaya. At the same time, the neo-colonial arrangement had to accommodate the upper strata of the non-Malay capitalist class who were a necessary link in the colonial exploitation of the Malayan economy. The vacillating politics of this class, reflecting its narrow and limited material interests, was harnessed by the colonial state. So much so that when the Tunku and the other Alliance representatives went to London to demand independence, their proposals were accepted "on a platter" by the British government. The documents from the British archives also reveal that the 'Alliance Formula' with all its contradictions was devised during the Emergency. The reform measures conceded by the colonial power and grudgingly agreed to by the Malay aristocracy were in many ways necessitated by the ferocity of the revolt. Certainly, the Independence struggle and the Merdeka Agreement have to be understood in class terms – the ruling class in the making represented by UMNO, MCA and MIC on the one side, and the truly anti-colonial forces in the PMCJA-PUTERA coalition representing the workers, peasantry and disenchanted middle class on the other. Thus the so-called "Social Contract" would have looked very different if the "Peoples' Constitution" of the AMCJA-PUTERA coalition had won the day. The so-called 'Social Contract' that has been bandied about by UMNO politicians in recent years claims that there was a "trade-off" at Independence between granting citizenship to the Non-Malays while giving special privileges to the Malays. In fact, this so-called 'Social Contract' has undergone three transformations, so much so that "Malay special privileges" in Malaysia today are a far cry from the status quo ante from 1957 to 1971. The Constitution was amended in 1971 after the 1969 May 13 pogrom while the country was still in a state of emergency and the ascendant Malay capitalist class was in total control of the Malaysian state. Thus, I would urge our learned professors to keep their "interesting" views on "never colonised Malaya" to themselves and not to flaunt them in any respectable academic journals.

Chief Jester’s Circus and Charade Comes to a Close Posted: 13 Sep 2011 03:47 PM PDT On the pages of history will be penned the public perception of a Umno lawyer picked by the Government from the Bar, parked in the Court of Appeal for a while, and placed at the pinnacle of the judiciary at an opportune time so that he and his cohorts could pander to their wishes and be paid a handsome price for bring prized lap-dogs! By Martin Jalleh Tun Zaki Tun Azmi has retired as the Chief Justice (CJ) of Bolehland. Weeks before the final curtain, he held himself in high regard in press interviews by giving rave reviews of his own tenure. He felt "very satisfied with the judiciary's achievements in less than three years" (Bernama). For a long time the mainstream press had portrayed  Zaki as a "reluctant" CJ. But as his retirement date drew nearer, the Malay Mail (MM) revved up the farewell accolades by revering him as the "Judiciary's Renaissance man" (25.08.11). According to MM's executive editor Terence Fernandez the feedback he received from Zaki's contemporaries in the Federal Court including Arifin Zakaria, Raus Sharif, James Foong, Zulkefli Ahmad Makinudin and Abdull Hamid Embong was that Zaki "has revolutionised the judiciary". Praise for Zaki's tenure also came from the Bar Council. Its chairperson Lim Chee Wee lauded him as one who has "surpassed the Bar's expectations as he has implemented many positive changes". Lim listed 11 of the changes (Malaysiakini, 06.09.11). Zaki's changes may have been impressive but the reputation of the judiciary was sullied irreparably during his term of office. In the eyes of the public the judiciary sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy. He may have "performed very well" (according to Bar Council president Lim Chee Wee)  but Zaki's judiciary continued to be a convenient playground for the ruling elite to stay in power, persecute their opponents,  punish dissenters and promote their political agenda, through the perversion of the rule of law. Further, it became so predictable! Zaki took great pride in reiterating that he has never presided over any Umno-related cases during his tenure. He did not need to. His cohorts especially in the appellate courts would run the judicial circus on his behalf and even readily run riot with their ridiculous judgments, reducing the country into a judicial backwater! Little wonder the 'Perak cases' for example were made the exclusive domain of the few judges who were already looked upon with increasing dismay by the public for their perceived political partisanship. It was not difficult to guess why the well-regarded judges in the Federal Court were kept out. The latest indictment on Zaki's judiciary was in the form of an unsworn statement from the dock by Anwar Ibrahim in his sodomy trial. He explained that he was opting to testify from the dock, because he had no confidence he would be tried fairly and he showed in detail the court's undeniable bias against him thus far. He called the entire court process "nothing but a conspiracy by Prime Minister Datuk Seri Najib Tun Razak to send me into political oblivion by attempting once again to put me behind bars… this is not a criminal trial. It is a charade staged by the powers that be to put me out of action in order that they remain in power." He was putting the judiciary on trial! It is very evident that the "Judiciary's Renaissance man" left behind a legacy of a judiciary scandalously compromised, shamelessly cowed and a slew of shocking contradictory and convoluted judgments. He failed to put his house into order so he shifted his furniture around to impress some of the people, like those in the Bar Council! Zaki's supposed judicial reform  was shredded into smithereens and his judicial show and sham laid bare by Justice N H Chan who was furious at how the judiciary which he had served so faithfully has been reduced to a farce run by those who are "intellectual frauds". The respected, renowned and retired accused Zaki's judges of "putting themselves beyond the pale…just like pariahs". He showed why he considered some of the judges, especially those in the appellate courts - "ignorant", "incompetent", "inconsistent", "imposters" and even "idiots"! The then Chief Justice remained silent! His conspicuous and continued silence gave credence to the court of public opinion that it is one of "quiet subservience". Evidently, it would be safer to maintain the status quo and to say that he was "very satisfied with the judiciary's achievements in less than three years". There were those who interpreted Zaki's silence as him allowing, approving, aiding and abetting with members of the judiciary who had left behind a dead constitution, "bad" and "perverse" decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards. The Government must have been very pleased with the fine performance of their reliable Renaissance Man. It even made a  recent revision of a remuneration law in Parliament so that Zaki can ride into the sunset with a full pension after serving only for less than three years! Zaki was so touched, he invited the PM for a cup of tea but it created quite a storm! "Creatures of the Government" In Dec. 2009, Abdul Aziz Bari, a constitutional law expert, declared that  the judiciary has been reduced to one that "takes its cue from the government".) But it has been the then CJ's belief that since the 1988 judicial crisis "the confidence in the judiciary has improved a great deal" (The Nut Graph, 26.03.10)! Zaki called those who criticized the judiciary for its lack of independence "a small group of vociferous people out there, who go onto the internet and blogs and Facebook and all that and make comments without knowing the proper background. Many are not even lawyers." A few months later lawyer Edmund Bon, who was then the chairman of the constitutional law committee of the Bar Council revealed that "the perception that the judiciary is executive-compliant still remains till today" (Free Malaysia Today, 17.08.10)! According to former Federal Court judge Gopal Sri Ram: "… the judiciary has become so 'executive-minded' and that "the judges have become creatures of the government" (Malaysiakini, 16.09.10). The NST quoted Zaki on 12 May this year that feedback from lawyers showed that they were happy with the integrity of the judiciary and had not heard anything negative since 2008. He added: "I am sure many, if not all, agree that the Malaysian judiciary is now free from any criticism or accusation of bias or partiality." Very apparently he had not listened to N H Chan who had often pointed out that the "Perak crisis has brought out a host of cases that showed that the judges gave the impression that they were one-sided. The perception of the people is that they sided with the BN government." Zaki Azmi, the "Judiciary's Renaissance man" has left behind a legacy of a judiciary scandalously compromised, shamelessly cowed and a slew of shocking contradictory and convoluted judgments. Below are some examples. Cowardice & Cold Feet in the Courts The less-than-three-year tenure of Zaki Azmi saw the Federal Court shirking its responsibility to execute justice by declining to answer burning constitutional questions especially those related to conversion issues. There were instances when it chose not to make a ruling but preferred to dismiss the case on technicalities instead. There is no better example of this that the Shamala Sathiyaseelan appeal.   The glaring truth is that the court of last resort in this country is not the Federal Court, but political expediency. Commenting on the issue, the Bar Council said that "the Federal Court failed to be decisive and abdicated its role as the ultimate arbiter in disputes involving constitutional questions and jurisdictional conflict." Respected lawyer Art Harun concurred: "I have lost count of the number of cases which involve inter-faith conflicts arising from conversion and re-conversion of a person from one faith to another — often from one faith to Islam and back to the original faith — where the Federal Court had chosen not to make a ruling, preferring to dismiss the case on technicalities instead." On 28 July 2010 Zaki shied away from explaining why the Court of Appeal has yet to set a hearing date for the controversial "Allah" court case more than a year after it was filed. (The Catholic Church, which had initially agreed to stay publishing the word after a series of attacks broke out nationwide following the ruling on 31 Dec. 2009, has grown anxious at the extraordinary delay.) On 8 Sept. this year, a three-member panel of the Federal Court led by Zaki, an unanimous decision, dismissed a crucial appeal by five Sarawak native customary rights landowners, a decision which will adversely affect more than 100 similar cases (Malaysiakini). Both Zaki and another member of the panel, refused to interpret the constitutional question affecting native customary right land in Sarawak with the excuse that the issue of unconstitutionality was not raised or properly canvassed before the Court. Baru Bian, one of the lawyers for the natives pointed out that there were in fact oral and written submissions on the matter.  The judges "were evading the practical problem on the ground". Law professor Abdul Aziz Bari opined that by refusing to deal with the constitutionality issue, the Federal court has abdicated its duty. Contradictions Zaki's cowed judiciary took its cue from the government and this resulted in the courts being riddled with self-contradictions or courts contradicting one another, at times to a ridiculous extent! Below are some examples. On 9 Feb. the Federal Court in the case of whether PR's Mohammad Nizar Jamaluddin or BNs Zambry Abd Kadir is the rightful Menteri Besar of Perak ignored (and contradicted) the established precedents. On 25 Feb. 2010 the Federal Court unanimously decided not to review its 29 Jan. decision barring Anwar Ibrahim from access to the documents "which would be tendered as part of the evidence for the prosecution" and "a written statement of facts favourable to the defence" which he is entitled to. There had been 10 previous decisions since 2001, presided by four previous chief justices where the Federal Court allowed a review of its own decision. Further, a month earlier (21.01.10) the Federal Court, acting on an application by the CJ reviewed and revised its absurd and perverse decision made a decade ago. One of the judges on the panel was Zulkefli Ahmad Makinudin. He was also on the panel of the 25 Feb. hearing! In other words he contradicted himself about a month later! On 5 Aug. the election court threw out Zaid Ibrahim's petition to declare the election of P Kamalanathan as MP of Hulu Selangor on April 25 void, for Zaid failed to furnish details to back up his claims that the poll results were influenced by bribery and corruption. In the Sodomy II case the court held that the details – police reports, list of witnesses, medical reports – of the prosecution's ongoing case against Anwar Ibrahim for sodomy, details that are as a norm furnished to the defence at the start of a trial "have not been fatal to the prosecution's case". In April, in a case between ousted Perak Speaker V Sivakumar and BN assemblymen in Perak, the Federal Court ruled that it was allowed to inquire into legislative proceedings. It departed from the precedent which gives respect to the doctrine of separation of powers. On 22 Oct 2010 (in a case brought about by Puchong MP Gobind Singh Deo) the High Court ruled that legislative proceedings cannot be challenged in court. The constitution was supreme and that it cannot question proceedings of the Dewan Rakyat. Other than introducing measures to speed up cases and ensure judgments are issued on time, Zaki has also been dogged by controversy during his time as CJ, the latest over amendments that allow him to get a full pension despite serving just a few years in the judiciary. On the pages of history will be penned the public perception of a Umno lawyer picked by the Government from the Bar, parked in the Court of Appeal for a while, and placed at the pinnacle of the judiciary at an opportune time so that he and his cohorts could pander to their wishes and be paid a handsome price for bring prized lap-dogs!

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