Rabu, 21 September 2011

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WIKILEAKS: FURTHER MALAYSIA RESPONSE TO TANCHON COMMERCIAL BANK ACCOUNTS

Posted: 21 Sep 2011 01:00 AM PDT

Both the FIU and Maybank would like to see on the evidence supporting the alleged link between Tanchon and Maybank so that Bank Negara can confirm whether such a relationship exists. They also requested information on the process for correcting USG records of suspicious transactions. If Bank Negara confirms that there is no relationship between Maybank and Tanchon, they would like to ask that this allegation be expunged from the record.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

1. (C) Econoff met with Koid Swee Lian, Director of Bank Negara's Financial Intelligence Unit (FIU) and FIU official Rahman Abu Bakar June 2 at their request to discuss the alleged relationship between Tanchon Commercial Bank and Malayan Banking Berhad's (aka Maybank) Singapore branch (Ref A).  The FIU also invited Shamsul Bahrin Baharuddin, Maybank's Head of Compliance Risk Management and Abdul Alim Mahmood, Senior Relationship Manager for the Americas, who presented Econoff with a letter detailing their internal investigation and categorically denying any relationship between Tanchon and Maybank Singapore or Maybank Malaysia.

Both the FIU and Maybank officials reiterated their earlier requests for more information regarding the alleged relationship so that they may investigate deeper.  They also expressed concern that this issue is remains open even though they requested information substantiating the allegation over a month ago.  Specifically, they do not want this allegation to come out publicly nor do they wish to be surprised should the U.S. government be contemplating such an action.  As they have found no ties between Maybank and Tanchon, FIU once again requested that the U.S. government expunge this allegation from the record.

2. (C) Both the FIU and Maybank remain very concerned about this case.  Maybank explained to Econoff that it had not found any relationship between Maybank's Singapore branch and Tanchon.  They also explained Maybank's policy regarding correspondent banks. 

(Note: the talking points per Ref B referred to Tanchon's "correspondent relationship with Malaysian Banking Berhad Singapore Branch." End Note.)

Maybank explained that its corporate regulations require any branch entering into a correspondent relationship to seek Maybank headquarters approval.  There is no record of the Singapore branch ever making such a request nor has Maybank found any record of a relationship between Tanchon and the Singapore branch.

3. (C) Action Requested:  Post reiterates the request made in Ref A.  Both the FIU and Maybank would like to see on the evidence supporting the alleged link between Tanchon and Maybank so that Bank Negara can confirm whether such a relationship exists.  They also requested information on the process for correcting USG records of suspicious transactions.  If Bank Negara confirms that there is no relationship between Maybank and Tanchon, they would like to ask that this allegation be expunged from the record.  In view of our close working relationship with the FIU, and the importance of this relationship for our counterterrorism finance cooperation with Malaysia, post once again requests Washington guidance for responding to this request.

LAFLEUR (June 2006)

 

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Zaid shows Najib the way forward

Posted: 20 Sep 2011 08:09 PM PDT

The Kita chief says it is crucial for Najib to get support of senior ministers and implement the reforms as soon as possible.

(Free Malaysia Today) - Kita chief, Zaid Ibrahim, has generously outlined a roadmap for Prime Minister Najib Tun Razak to make good his decision to revoke Emergency laws and repeal the Internal Security Act (ISA).

Zaid was among the first to applaud the decision and even went as far as to apologise to Najib for underestimating his political will, especially in rescinding the ISA.

Bu in his latest blog post today he noted that the announcement itself is not a game changer and that Najib needed to ensure that the reforms are carried out properly and without delay.

"Public opinion of him will reach new lows if people see him as uncertain or not serious about his plans, or if scrapping the ISA is just a rebranding or vote-grabbing exercise," Zaid said.

"Any delay in implementing the changes will also embolden the hawks in Umno to assert themselves, which will make any progress even harder to achieve."

The former de facto law minister then put forth a host of suggestions that he believed would strenghten and support Najib's initiative in order to spur "the first real change in a long time in Malaysia's history".

The first was to establish a Justice Ministry outside of the department of the Prime Minister's Office, which Zaid observed was "already bloated".

"If the PM were to place matters of law and justice under a separate ministry, he would be telling the people that his priorities are ensuring that just laws and justice for all are the pillars of political and social reform," Zaid said. "This is what the country needs now."

Controversial decisions

The second recommendation was to adopt the British Cabinet practice where the Attorney-General is a Cabinet Minister which would allow for his presence in Parliament to explain some of his more controversial decisions.

"This sense of accountability will put the government in good light," Zaid said. "More importantly, the weekly meeting among the Attorney-General, the Home Minister and the Justice Minister will help coordinate the several overlapping matters of law involving the three ministries."

The third recommendation involved the Umno Information Unit going on an "overdrive" to explain the necessity of this political transformation.

Zaid pointed out that after 40 years of explaining why the ISA was needed to preserve peace and even Malay political power, it would take considerable time to explain why it is no longer required.

But the biggest challenge, he predicted, would be getting the support of Umno's senior stalwarts.

"These individuals may be the PM's most ardent supporters but they may also have other ideas on how democratic reforms and the rule of law should be implemented," he said.

"Their statements generally are sometimes less than supportive, even hostile. This must not be the case here."

Zaid added that the public would be closely following statements made by Minister in the Prime Minister's Department Nazri Aziz; Information, Communications and Culture Minister Rais Yatim; Home Minister Hishammuddin Hussein; and Deputy Prime Minister Muhyiddin Yassin regarding the reforms.

"Opponents of this change can stuff things badly for the PM, so it's better to deal with them post-haste," he said. "Their arguments remain the same. They will say the 'liberals' who are pushing for change have not experienced the race riots or the harsh time during the Emergency."

READ MORE HERE

 

Scepticism over Malaysian PM's reform announcement

Posted: 18 Sep 2011 09:38 PM PDT

Kean Wong, Radio Australia

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

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

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

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

READ MORE HERE

 

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Najib, Rosmah to set aside subpoenas over Anwar's sodomy trial

Posted: 20 Sep 2011 07:47 PM PDT

(Bernama) -- Prime Minister Datuk Seri Najib Tun Razak and wife, Datin Seri Rosmah Mansor, are applying to set aside subpoenas asking them to be defence witnesses in Datuk Seri Anwar Ibrahim's ongoing sodomy trial.

Their lawyer Hisyam Teh Poh Teik said he would file the application today at the High Court.

On Aug 8, High Court Judge Datuk Mohamad Zabidin Mohd Diah who presided over the trial, had granted Anwar's application to interview witnesses offered by the prosecution, including Najib and Rosmah.

At the close of its case, the prosecution offered 71 witnesses, including Najib and Rosmah to be defence witnesses.

In the first sodomy case in 1998, then prime minister Datuk Seri Dr Mahathir Mohamad (now Tun) who was subpoenaed, had applied to set it aside and the court granted his application.

On May 16, Justice Mohamad Zabidin ordered Anwar to enter his defence after ruling that the latter's former aide, Mohd Saiful Bukhari Azlan, the complainant in the case, was a truthful and credible witness.

Anwar, 64, pleaded not guilty in the Sessions Court on Aug 7, 2008, to committing carnal intercourse against the order of nature at the Desa Damansara Condominium in Bukit Damansara between 3.10 pm and 4.30 pm on June 26 of the same year.

 

Branding guru calls Najib’s PR efforts an ‘absolute scam’

Posted: 20 Sep 2011 04:47 PM PDT

(The Malaysian Insider) - The creator of the nation branding concept has called the prime minister's use of British publicity firm FBC Media to burnish Malaysia's image abroad an "absolute scam" and a waste of public funds.

Simon Anholt, who pioneered the use of nation branding as a way to measure, build and manage a country's reputation, said that while public relations was needed in the private sector, it was "highly suspect" that a country could up its standing using the same means.

"There's a great deal of evidence around us to show what a waste of taxpayers' money this is," he told BFM Radio in a phone interview this morning.

"First of all, the countries that tend to spend most money on these PR campaigns to fix their image tend to be the rogue nations.

"If you look at the countries that have spent the most money on ambitious PR campaigns, they're the places that are most despised and it hasn't done anything to fix their image at all."

Anholt pointed out that media studies has known for decades that the media cannot change people's perception of a country from worse to better or vice versa but could only raise the profile of its existing image.

For this reason, he said "the last thing" a country with a bad image should do is engage in public relations as increased media coverage would only remind the rest of the world what a "problematic" country or government it was.

"So I'm afraid I think the whole thing is an absolute scam and a shocking and indefensible waste of taxpayers' money," he said.

Anholt stressed that governments needed to understand that when they engaged in foreign policy, economic development or international relations, they risked damaging the reputation of their country, which was worth "much, much, much more" than all other tangible assets combined.

It was the "sacred responsibility" of governments today to ensure their country's good name was preserved and handed down in the same condition, if not better, he said.

Anholt added that countries could only make themselves more relevant to the rest of the world by becoming more useful, and suggested Malaysia tackle shared global issues like climate change, women's rights, terrorism and financial instability to improve its reputation.

READ MORE HERE

 

MACC officers held for RM1 mil ‘robbery’

Posted: 20 Sep 2011 04:14 PM PDT

The trio are alleged to have taken the money from money changers who were about to board a flight to Singapore.

(Free Malaysia Today) - Three Malaysian Anti-Corruption Commission (MACC) senior officers have been arrested in connection with an extortion-cum-robbery case involving RM1 million.

The alleged victims were said to be three money changers from Singapore.

According to a source familiar with the case, the money changers were at KLIA last Thursday night to board a flight to Singapore.

The source said the trio were carrying foreign currencies amounting to about RM2 million which they had declared to the customs authorities.

"When they alighted from the satelite train, the money changers were confronted by five men who identified themselves as MACC officers.

"The trio were then taken to a nearby eatery, where the MACC officers had demanded for US$100,000 from each money changer.

"When they refused, the officers took them to a toilet, where there are no CCTV cameras, and opened the bags containing the cash. The officers then took three bundles of US$100,000.

"The officers also warned the money changers not to report the matter," claimed the source.

READ MORE HERE

 

More Kita members criticise their president Zaid

Posted: 20 Sep 2011 02:34 PM PDT

(Bernama) - KUALA LUMPUR: Temperatures are rising in KITA as more members of the Central Executive Committee criticise its president Datuk Zaid Ibrahim for his "unethical and unconstitutional" sacking of three CEC members recently.

In an e-mail to Bernama, CEC member Mohd Zahrein Zakariah said he would call for an extraordinary general meeting as a legal way of urging Zaid to step down.

Central secretary Abdul Latif A Tambi, treasurer Rashid Azad Khan and CEC member Muhammad Firdaus Christopher were said to have been dismissed without any "substantial reason" via e-mail and short messaging system.

"There is no bickering in KITA. There are only those who have decided to go against the principle on which KITA is built, and they include the party chief, Zaid Ibrahim," he added.

In an organisation declaring itself democratic, dissent must be heard, not shut out, Zahrein said.

Zaid was reported to have said that Firdaus was unhappy over cuts in the operational budget of the party, while it is understood that Abdul Latif was dismissed because he refused to give the KITA website password to the president.

Firdaus, however, denied that the disagreement between them was over the operational budget.

"That's just a smokescreen to divert from the real issue, which is how the party is being run.

"I was only questioning the way he conducted party matters since he always tended to make decisions without referring to the rest of the CEC," Firdaus said.

CEC member and coordinator for the Federal Territory Dr Rajaratnam Gopal Pillai said Zaid had never listened to advice from the CEC and the grassroots.

"I have repeatedly advised Zaid to look into the grievances of the CEC and to keep the committee intact, failing which there was a high probability that the party would implode," he said.

Setting up the party nine months ago, Zaid had said KITA would be critical but constructive and focus on issues of interest to the people, and would not oppose for the sake of opposing.

He pledged to strive to make KITA the number one opposition party, and be very different from PAS, the DAP and PKR. But if the internal problems are not resolved, observers believe that KITA may not be ready for the coming general election. - BERNAMA

Mat Sabu claims trial, bail set at RM15,000

Posted: 20 Sep 2011 12:04 PM PDT

By The Malaysian Insider

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

The court set bail at RM15,000.

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

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

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

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

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

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

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

 

READ MORE HERE.

ISA repeal gives Pakatan the edge

Posted: 20 Sep 2011 10:52 AM PDT

By B Nantha Kumar, FMT

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

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

But Najib is different, or is he?

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

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

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

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

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

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

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

No impact on people

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

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

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

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

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

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

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

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

New challenges

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

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

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

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

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

READ MORE HERE

 

Seri Perdana belongs to Umno?

Posted: 20 Sep 2011 08:55 AM PDT

By The Malaysian Insider

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

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

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

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

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

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

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

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

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

Length of previous stay should not be a consideration.

Pak Lah admits should have been forceful with reforms

Posted: 20 Sep 2011 08:40 AM PDT

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

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

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

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

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

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

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

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

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

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


READ MORE HERE.

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Blogger Umno gelar Muhyiddin 'anak paria'

Posted: 20 Sep 2011 08:18 PM PDT

Muhyiddin digelar sebagai anak paria, penyamun besar dan perosak Umno. Lebih hodoh lagi, Zaharin yang juga Setiausaha Umno Bahagian Bandar Tun Razak mendakwa beliau ada maklumat bahawa Muhyiddin terbabit hendak menjatuhkan Perdana Menteri, Dato' Seri Mohd Najib Tun Razak.

Mohd Rashidi Hassan, HARAKAH DAILY

"DI BAWAH pentadbiran Muhyiddin Yassin, Umno Wilayah (Persekutuan) sudah jadi macam parti mak bapak dia..Dia buat apa dia suka..Kerana dia penyamun besar yang berselindung atas nama nasionalisme Melayu dan Islam..Maka dilantiknya jawatan kanan Umno bahagian bdr tun razak semuanya banduan politik wang."

"Muhyiddin Yassin itu anak paria," tulis Setiausaha Umno Bahagian Bandar Tun Razak, Zaharin Mohd Yasin yang juga bloger Sang Kelembai dalam laman Facebook (FB) beliau.

Beliau menulis lagi, "16 September 2011 bermula konspirasi hendak menjatuhkan PM Najib oleh Muhyiddin Yassin, dgn perlantikan setiausaha dan bendahari bekas banduan politik wang dan seorang yd diadukan melanggar perlembagaan Umno, maka dengan sendiri Parlimen Bandar Tun Razak yg dinamakan sempena bapa PM Najib dgn mudah akan dimenang oleh pembangkang. Maka Muhyiddin Yasin akan minta PM Najib letak jawatan saperti yg pernah dia lakukan kpd Abdullah Hj Ahmad."

Apa yang ditulis Zaharin menunjukkan politiking dalam Umno memang hebat. Sentiasa panas dan bergolak. Selalunya kemelut dalaman Umno tidak diketahui rakyat kerana ia dapat disembunyikan oleh media tali barut Umno. Bila dibongkarkan satu-persatu mereka kata, ianya hanya ibarat 'ribut dalam secawan kopi.'

Ribut dalam Umno kali ini memang hebat dan tidak dapat dibendung. Ia diluahkan dan didedahkan secara terbuka oleh bloger-bloger dan facebookers Umno. Laman sosial FB menjadi tempat mereka melepaskan geram terhadap seteru politik dalam Umno.

Zaharin begitu berani mengambil risiko menghentam dan mengecam Timbalan Presiden Umno yang juga Timbalan Perdana Menteri, Tan Sri Muhyiddin Yassin.

Muhyiddin digelar sebagai anak paria, penyamun besar dan perosak Umno. Lebih hodoh lagi, Zaharin yang juga Setiausaha Umno Bahagian Bandar Tun Razak mendakwa beliau ada maklumat bahawa Muhyiddin terbabit hendak menjatuhkan Perdana Menteri, Dato' Seri Mohd Najib Tun Razak.

Dalam tulisannya di laman FB, Zaharin berkata, beliau akan mendedahkan hal tersebut tidak lama lagi.

Zaharin melepaskan geramnya kepada Muhyiddin dipercayai kerana terdapat usaha TPM selaku Pengerusi Umno untuk meletakkan 'orangnya' menggantikan beliau sebagai Setiausaha Umno Bahagian.

Malah dalam laman FBnya, Zaharin terus menyerang Muhyiddin kerana melantik orang-orang bermasalah dan yang jelas terbabit dalam politik wang seperti Dato' Mokhtar Samad dan Amil Salleh di bahagian tersebut.

Menulis mengenai Zaharin bukan bermakna menyokong beliau. Sebab Zaharin memang jenis out-spoken. Dalam posting beliau selalu menyerang PAS dan Pakatan Rakyat. Timbalan Presiden PAS, Mohamad Sabu dan Ketua Umum KeADILan, Dato' Seri Anwar Ibrahim sering menjadi 'ulam' beliau.

Saya ketepikan soal serangan Zaharin terhadap Pakatan Rakyat buat seketika. Yang penting sekarang bukan soal Zaharin sebagai penulis dalam blog atau FB. Beliau ada jawatan. Selaku Setiausaha Umno Bahagian dan Setiausaha BN Bahagian, kuasanya agar besar dan berpengaruh. Beliau juga terbabit sebagai AJK Umno Wilayah Persekutuan.

Oleh kerana itu serangan dan kecaman beliau terhadap TPM memang ada weight yang tersendiri. Sebab apa seorang yang berjawatan sanggup menyerang Timbalan Presiden Umno yang juga Pengerusi Umno negeri? Kata-kata yang dihamburkan pula bukannya kritikan biasa.

Gelaran 'anak paria' terhadap Muhyiddin yang berbangsa Melayu dan beragama Islam adalah sedahsyat-dahsyat gelaran. Jika ada kalangan orang India pun tidak setuju jika ungkapan paria digunakan kepada mereka walaupun ia ada dalam kamus mereka, inikan pula orang Melayu-Islam menerima geralan sedemikian.

'Anak paria' yang dikatakan Zaharin bukan sekadar paria, dia adalah penyamun besar, pembela golongan rasuah dan bermasalah dalam Umno. Lebih dahsyat lagi 'anak paria' itu dituduh merancang hendak menjatuhkan PM kesayangan Zaharin.

Sudah tentu serangan Zaharin terhadap Muhyiddin tidak dapat diterima juak-juak Muhyiddin. Melalui blog Cucu Tok Selampit mereka menyerang Zaharin dan menggesa Umno memecatnya.

Zaharin kata blog tersebut sebagai politikus yang tidak bermaruah. Zaharin dituduh menyerang bekas PM, Dato' Seri Abdullah Ahmad Badawi dan kemudian mencium tangan Abdullah selepas mendapat habuan yang dikehendaki. Gambar Zaharin memeluk dan mencium tangan Abdullah juga disiarkan mereka.

Bloger Umno yang marah dengan Zaharin mendakwa beliau menjalankan politik 'peras ugut'. Zaharin didakwa memeras ugut ahli politik (termasuk TPM), kemudian mereka diminta 'menghulurkan habuan' jika serangan terhadap mereka hendak dihentikan.

Bloger Umno yang tidak puashati dengan kecaman Zaharin terhadap Muhyiddin, terus menyerang beliau dan mendakwa Zaharin mempunyai kelaku yang amat buruk. Kata mereka Zaharin tidak layak menjadi ahli Umno kerana banyak komen-komennya merosakkan Umno.

Membaca komen-komen yang diposting mereka naik tergelak dibuatnya. Macamlah mereka yang duduk dalam Umno suci macam Malaikat Jibril.

Saya tidak perlu cenderung untuk membela sesiapa dalam Umno dalam perbalahan ini. Mereka hendak tuduh, hendak kata apa pun kepada seteru mereka, itu urusan mereka. Hanya mereka sahaja yang tahu dan faham perangai orang-orang Umno.

Yang jelas, tujuan saya mengutarakan isu ini, lebih kepada untuk menyedarkan rakyat dan mendedahkan kepada rakyat, bahawa Umno itu memang hodoh dan teruk. Perbalahan dalaman mereka memang teruk dna tidak mampu dibaiki lagi.

Persoalan yang harus dijawab oleh Umno hari ini bukan soal siapa Zaharin, atau apa buruk baik kelakunya. Yang tidak boleh dinafikan orang Umno ialah, didakwa wujudnya satu usaha yang didalangi Timbalan Presiden Umno untuk menjatuhkan Presiden Umno. Itu isu yang sebenarnya.

Yang menuduh atau membangkitkan isu ini bukan orang PAS. Bukan juga orang Pakatan Rakyat. Yang menuduh Muhyiddin hendak menjatuhkan Najib adalah dari kalangan Umno sendiri. Apa yang dibuat Muhyiddin, siapa penyokongnya dan bagaimana cara beliau hendak jatuhkan Najib, kita tunggu pendedahan dari orang Umno seterusnya.

Cuma yang hendak kita katakan kepada orang-orang Umno-BN, kami dari Pakatan Rakyat, sama ada yang meneraju negara itu Najib atau Muhyiddin, tidak penting bagi kami. Asalkan sahaja nama mereka Umno-BN, kami bertekad akan tumbangkan mereka pada PRU yang akan datang. Insya Allah.

 

Towards a brave new Malaysia

Posted: 20 Sep 2011 08:34 AM PDT

By Karim Raslan, The Star

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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Fantasizing Hang Li Po

Posted: 20 Sep 2011 10:22 PM PDT

By dUMNO
 
Of COURSE !!! I am DUMNO !! I AM sexist !! but it seems time and again, Malaysians keeps voting us back into power, so that we can sap your money, and make off with all the wealth of this country. See you next elections !!!
Haiya... you stupit Chinese simply think that Hang Li Po was this Darling drop-dead gorgeous Babe from Cheena. She maybe she looked like the one below?

What if this was Hang Li Po?

People like to romanticise what all these Princes and Princesses looked like, and what if this was Hang Li Po's Son?
 

And his brother looked like this?

Don't laugh. What if the Sultan of Malacca found this to be attractive? Why does everyone think of all Prince's and Princesses as having sexy bodies like the one below?

 

None of Malaysia's Sultans do, and the closest is the one which got away was her - Manohara:

How come no Sultan got a hold of Miss Indonesia?

Tak laku? Maybe, because people from the past used to love fat women. Look at all the Renaissance paintings. They had mostly fat women in it. In fact, the Masai Tribe rates women according to size, so a skinny one like Miss Indonesia was rather useless, and is rated as 5 cows. But BIG MOMMA Hang Li Po above would have been worth 40 cows !! 

Sexist?

Of COURSE !!! I am DUMNO !! I AM sexist !! but it seems time and again, Malaysians keeps voting us back into power, so that we can sap your money, and make off with all the wealth of this country. See you next elections !!!

 

Is it a crime to have a different point of view from Barisan Nasional/UMNO?

Posted: 20 Sep 2011 07:25 PM PDT

Charles Santiago

The criminal defamation charge against PAS deputy president Mohamad Sabu at the Butterworth Sessions Court this morning was trumped up to serve the political aims of the Barisan Nasional.

By challenging the official account of the 1950 Bukit Kepong incident at a ceramah in Tasek Gelugor on Aug 21, Mat Sabu has opened discussions into a section of our history that needs to be reviewed.

Just how proposing an alternative view of history can lead to a criminal charge is anyone's guess.

The writing of history should be an academic one. History should be as objective as possible with little or no intervention from any party that wants to tweak it to suit their needs and goals.

It is not the job of the government to write history - that should be left in the hands of the academics, historians and the public through agreed and established processes.

If Barisan Nasional feels it has the right to determine what our history should be, then we should close down the history departments in our universities.

The job of the government is to make sure we, as a society, learn from history and move forward. The initiative to explore alternative perspectives on history should not be stifled due to self-serving interests.

Mat Sabu's only crime in this case is that he is a leading member of PAS which is increasingly perceived as an alternative to UMNO.

The fact that this charge, which challenges the freedom of speech guaranteed in our Constitution, came just days after the Prime Minister announced a string of "reforms" involving restrictive laws says a lot to the commitment, sincerity and spirit in which the announcement on the eve of Malaysia Day was made.

 

Reforms smokescreen?

Posted: 20 Sep 2011 05:45 PM PDT

I would go so far to submit that no one was detained under the ISA based purely on political beliefs or alignment.

By Douglas Tan

Credit must be given to Prime Minister Datuk Seri Najib Tun Razak for announcing the abolition of the infamous Internal Security Act, the lifting of three states of emergencies and along with that the Emergency Ordinance. It is our hope that without these laws, detention without trial in Malaysia shall now forever be confined to the annals of history.

The Prime Minister has won his plaudits, most noticeably from the United States, and rightfully so. I mean why not give the man credit for what he appears to be doing, even if it is for the wrong reasons? 

If our nation, which has been plagued by oppressive laws even before independence, can boast ourselves to be a progressive democracy, the detention of political leaders, NGO heads not forgetting newspaper reporters has to been gotten rid of. 

Naturally this optimism of reforms have been dampened somewhat by his announcement that there shall be two alternative laws which would then place preventative measures in place to counter terrorism, safeguarding public order and put in place race relations legislation. 

The fear is that these laws may be sufficiently ambiguous for politicians to be detained without trial under the purview of these new laws. Datuk Seri Nazri announced that these laws would not be repressive, but as I know the learned Minister would understand that this is wholly dependant on the scope of these laws and their enforcement. 

Furthermore, the two safeguards Nazri mentioned are sufficiently ambiguous that they can be subject to abuse. The first safeguard is that one cannot be detained on the basis of political belief. The second is that extended detention can only be approved by the courts. 

The first safeguard is purely the subject of interpretation. Where the police would see fit to charge a politician giving a ceramah regarding views that he or she may have about religious practice, under the new law they can be detained. 

I would go so far to submit that no one was detained under the ISA based purely on political beliefs or alignment. Looking at the history of ISA detention, it is more as to what they had said, written or done which had landed them in hot soup with the government, not so much their political leanings. 

When elements of speeches can be taken out of context and the charges framed to interpret those elements as subversive, inciting racial hatred or disruptive to public order, charges under the new laws can certainly be laid. 

Perhaps the second issue, which is the judiciary, would be of another concern. This would be a safeguard only if we knew our judiciary was an independent body. With the farce of the Anwar Ibrahim case continuing, public opinion would not favour the judiciary to protect the interests of the public rather than the government of that day. 

If we were to have an independent and competent judiciary, our legal system would flourish. Would there still be bias? Certainly. However, we shall be assured that there would be no element of coercion for judges to make decisions pleasing to their political masters. 

In order for the Prime Minister to prove the sincerity about the reforms to be made, he should also ensure that there should be stringent laws forced against any interference in the judicial process. Judicial reforms would additionally have a positive impact on the economy and boost foreign investor confidence. 

Perhaps the subsequent string of attacks on the opposition parties was not particularly fair. Yes, Najib is responsible for announcing the abolition of the ISA, but the constant pressure from the Opposition, NGOs and the Rakyat certainly led to the action finally being taken. 

Smear campaigns are certainly part of politics and Pakatan Rakyat has to quickly re-brand and re-position themselves for the upcoming elections. There is no doubt that the Prime Minister's image has improved as a result of this, but will it be a political smokescreen or is it possible that the Barisan Nasional leadership can actually show some forward thinking? We will be watching closely. 

Kek Lok Si Temple destruction of Ayer Itam River

Posted: 20 Sep 2011 05:31 PM PDT

By Lim Cheok Siang Jimmy
 
How can the people of Penang allow this development? Development? It is destruction!!!!! Obliterating further the natural heritage of Penang. Is this not environmental destruction of the worst kind? River pollution downstream. Why were the rocks allowed to be destroyed? If there is anything one could do to hold the Authorities responsible they should be brought to face the music.

It was irresponsible of MPPP to allow this to go ahead! Of course they could stop it. Is there some reason why this destruction has to happen?

The ancient rocks painted by many old artists of Penang. Khaw Sia used to live round the corner.

The temple has expanded so big and so fast that one begins to wonder whether it is about religion or big business? Kek Lok Si was started humbly. Its roots very clearly set out as the fundamental philosophy of fitting in with Nature. Nature was supreme in the founding Foochow Monks' philosophy. Their monastery outside Foochow was built among rocks. So was the original Kek Lok Si.

This type of insensitive development must stop.

The MPPP must assume responsibility for such destruction.

The view of the Temple as one approaches Ayer Itam from the junction to Penang Hill train station is appalling. All the newer additions to it are out of scale. Dwarfing the original structures including the pagoda. The recently opened Goddess of Mercy Kwan Yin pavillion built at the cost of, I was told, RM40 million, not including the statue, is not only offensive to the eye but also money mis-spent. 

It is of course a great attraction for the proletariats but then, good taste has never been their inclination. Call me elitist ... it is good common sense that counts. China's long history is so full of good tastes and fine lifestyles. Malaysian Chinese are generally descendants of peasants; I am one of them. Being born with bad taste does not mean that you have to continue to consume it. Can people the likes of the monks, Board of Trustees and their consultants crawl out of the gutter of bad environmental taste and contribute towards the preservation and conservation of whatever little that this little Island has?

In this respect, as the custodian of Heritage both man-made as well as natural, PHT should organise a meeting to discuss this issue for members who feel strongly about the destruction of a priceless natural setting of ancient rocks and trees. In the event that PHT is short of manpower, a "KLS Watch Group" could be formed.

It is time for the Local Authority to take stock of their social and environmental responsibilities. I think gone are the days of Local Government running rough shod over the environment for the benefit of a few people. That site adjacent to an Old Temple was God's gift to the People of Penang.

The Temple in its destruction of these rocks, old trees and stream deemed to be gifts from God, is not setting a good example for us mortals who look toward these religious institutions for our salvation. What would the high priest and the chairman of the Kek Lok Si Board and their architect (oh, almost forgot the engineers too), have to say when they meet God and is asked "Why did you destroy my gifts to people of Penang to enjoy?" I'll hate to be in their shoes ... Goddess Kwan Yin may perhaps show them mercy for their destruction.

It is essential that PHT should be vigilant from being influenced by people with vested interests or those with hidden agendas about preservation and conservation. Organisations that are well established tend to become entrenched as they become 'gentrified'. Gentrification is getting well endowed and becoming pompous perhaps?? It also means that you are no longer in good condition or fit. Putting it another way, you are not "Lean and Mean". That is why whenever you have a new change in Government, it is good ... until they start to get 'gentrified'. PHT should not be like many NGOs that have lost their objectives and wallow in their "Gentrification".

More people should get together to see how the message can get across. Perhaps shome external help? That is what Penang likes ... outside ideas.
 

Who Are The Sultans?

Posted: 20 Sep 2011 04:17 PM PDT

By John Doe
 
I've written so much about Malacca. I've quoted and quoted till the cows came home, and still Malaysians don't get it. One of my longer pieces, "Demise of Malacca" had its Bibliography almost as long as the piece itself, and some people who made comments asked for the source(s) instead. Are Malaysians that blind? Do they not know what is a bibliography?
( http://www.malaysia-today.net/mtcolumns/letterssurat/35605-the-demise-of-malacca ) Google this and read all those nonsensical comments made in other copy-paste-blogs, and see if one can identitfy who UMNO's cybertroopers are.

Let's go back to Sejarah Melayu today, and look for the identity of the Sultans of Malacca, in "Parameswara is a certified Keling".
( http://malaysia-today.net/mtcolumns/letterssurat/43394-parameswara-is-a-certified-singaporean-keling-not-a-joke ) FMT got it partially wrong when they wrote Kedah, not Malacca, the oldest kingdom, in reference to Parameswara's origin.

Sejarah Melayu clearly describes how Parameswara was a Keling from Singapore, with much reference to his Hindustani roots to Alexander the Great. Or was it "Alexander the Gay?" 
( http://www.youtube.com/watch?v=xvRWUCfAPs0 ) 

I hate quoting from Wiki, no academician in his right mind would. No academician quotes from Blogs either. However, here is the ONE TIME, which I will make a reference to Wiki, and it is in relation to Srivijaya. Search "Srivijaya" under Wiki, (as some UMNO blogger insisted that I do.)
 
What does the Srivijaya Wiki-Entry state? "No modern Indonesians, not even those of the Palembang area around which the kingdom was based, had heard of Srivijaya until the 1920s..." Note that at every "important point" it's missing a real reference. See if you can count how many "citation Needed" there are in this entry.
 
The majority of the quotes comes from "Munoz, Paul Michel (2006). Early Kingdoms of the Indonesian Archipelago and the Malay Peninsula" Great guy as he is, few people know that Munoz is actually a retired French Sailor living in Singapore. If you want Munoz to be the MAIN reference to a "Glorious Melayu Kingdom, but am sorry that I cannot offer you any tangible evidence for it", then so be it. I will quote however, from one of the very links contained in this particular Wiki entry, and here is it's link:

It came in, under entry number 4 of the Wiki Srivijaya-References section. This is an "edu site". And the big name present is Prof Dr Peter Bellwood, of ANU. So this must be good, right? And I quote:
 
"... Now, apart from the absence of any trace of Old Malay literary works, we also find hardly any architectural remains from the ÅšrÄ«wijaya period.... Considering the fact that there are also no traces of literary works from this great empire, the conclusion seems to be that either the greatness of ÅšrÄ«wijaya is merely another myth, comparable to that of Prapañca's Majapahit (Supomo 1979), or that the rulers of ÅšrÄ«wijaya had entirely different priorities ... "

Apparently, even from their own "arsenal of references", it becomes clear that Srivijaya could have very well been a myth, as claimed by their "certified panel authors". So, there, you have it. My ONE AND ONLY ONE reference to Wiki, and it's only to bash the entry black and blue. 

So, bite the bullet, and source your info from either "dot edu" sites (meaning certified institutions of education), or take it from real books themselves. You can ceremoniously flush Malaysian History Textbooks into the Jamban, because they are nothing but full of crap. Just look at how Museum Negara displays tags errors in my Retarded Museum Negara piece:
 
And note how I questioned "Why is the Sultan of Johor classified in the Penjajah Section of Museum Negara".

UMNO called the Malaysian Sultans "Children of Prostitutes and Beggars" when they made the remark about "Pendatangs"
( http://www.malaysia-today.net/mtcolumns/guest-columnists/37699-beggars-and-prostitutes ) Some blog writer classified the Sultan as "Sultan dan Raja mereka (Malaysia) sama 'kaum' dengan orang gaji Indonesia-nya." translated as "The Sultans of Malaysia are of the same race as the servants whom Malaysians employ".

To answer the titled-question, "Who are the Sultans of Malacca?" If one chooses to use Sejarah Melayu as reference, then one must come to the conclusion that the Sultans are descendants of "Alexander the Gay", (or is it Alexander the Great Gay?), heavily mixed with Kling, and Chinese, and Turkish, and should be called "Sultan Truly Asia". Is this what Ketuanan is about? Want to throw Sejarah Melayu out?
 
Sure, along with it goes a huge lot of myths, such as the Sultan's marrying Hong Li-Po, because she is certainly NOT mentioned in ANY Ming Dynasty records. So, again, who is Hong Li-po again? A Prostitute? That would certainly justify UMNO's calling of "Prostitutes and Beggars". Unfortunately, they did not know that they were calling the Sultanate just that. UMNO would indeed be calling the Sultanate, as "Children of Prostitutes and Beggars". How does one spell "Les Majeste" again? Fortunately ISA is being deconstructed, however, we will wait to see how Malaysia can use the new laws to arrest these name-calling UMNO-guys.

In the meantime, assuming Sejarah Melayu is correct, I can imagine a drooling Saiful gleefully collecting pictures of "Alexander the Gay", and placing them next to pictures of Malaysian Sultans, with his lustful thought that they are really of ONE AND THE SAME BLOOD !! Enough with all this nonsense !! Let's get rid of Allahyarham-UMNO once and for all, and reach for the REAL History instead. In the meantime, I must get back to my research.

Shalom

ANNOUNCEMENT: Comments in Malaysia Today

Posted: 19 Sep 2011 07:26 PM PDT

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

Amending the Constitution

Posted: 19 Sep 2011 07:20 PM PDT

By Hakim Joe

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KERAJAAN SAHKAN GANI PATAIL PALSU KETERANGAN

Posted: 19 Sep 2011 04:27 PM PDT

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

Kepada;

YDH Tan Sri Ismail bin Haji Omar,IG,

Ketua Polis Negara,

Polis Di-Raja Malaysia.

iho@rmp.gov.my

 

Assalamualaikum wbt.

KERAJAAN SAHKAN GANI PATAIL PALSU KETERANGAN

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

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

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

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

Mengapa isu ditimbulkan sekarang.

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

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

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

Isu dalam persoalan.

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

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

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

Contoh kes lampau.

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

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

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

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

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

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

Keterangan palsu terkesan.

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

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

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

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

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

Siasatan SPRM.

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

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

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

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

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

Pengesahan Panel Bebas dan Keputusan..

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

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

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

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

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

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

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

"Covering up".

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

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

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

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

Pengetahuan Perdana Menteri.

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

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

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

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

Perkara am dan penutup.

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

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

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

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

Salam sejahtera.

Yang benar,

 

Mat Zain Ibrahim

19 September 2011

 

Air Asia

Posted: 18 Sep 2011 11:04 PM PDT

By Lynne_c

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

The chronology of the events are as follows:

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

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

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

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

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

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

Invitation to the MCLM forums on Rakyat Reform Agenda (RARA)

Posted: 18 Sep 2011 01:00 AM PDT

The Malaysian Civil Liberties Movement will be officially launching a series of forums nationwide on the 'Rakyat Reform Agenda' beginning from Monday 19th September 2011 in Kuala Lumpur at the Kuala Lumpur Selangor Chinese Assembly Hall (KLSCAH) from 7pm - 11pm.

It is MCLM's fervent hope that in order for Malaysia to be the great inclusive nation envisioned by our founding fathers, we must return to basic principles.

How will we achieve this? The answer - Through the Rakyat Reform Agenda (RARA), which is a four-point plan to:

1. Honour the agreements made in 1963 between the Federation of Malaya and Sabah and Sarawak prior to the formation of the Federation of Malaysia

2. Restore the national institutions to the Rakyat – the judiciary, Election Commission, police force, Attorney-General, etc.

3. Restore the liberties guaranteed to the Rakyat under the Federal Constitution by repealing the ISA, OSA, PPPA, UUCA and Sedition Act

4. Adopt the Social Inclusion Agenda, designed to raise the living standards of all marginalised persons in Malaysia.

Apart from Kuala Lumpur, the MCLM RARA forums will also be held in Kota Kinabalu (27th Sep), Sandakan (29th Sep), Kuching (1st Oct), Penang (24th Oct), Ipoh (25th Oct) culminating in Johor Baru (27th Oct). Details on the time and exact venues at these locations will be provided in due course.

We would appreciate if you can send your journalist to cover the KL event.

MCLM Secretariat

 

For further information, please contact the MCLM Secretariat at Tel: 03-79827101/79712244 or Fax: 03-79829097 or Email: admin@mclm.org.uk

 

Malaysian Scorpene Submarine Corruption Case Legal Briefing

Posted: 18 Sep 2011 01:00 AM PDT

The Solicitors International Human Right's Group (SIHRG) and Malaysian Human Rights NGO (SUARAM) will be hosting a briefing and fund raising event in relation to the French Scorpene submarine deal in which French giant shipbuilder DCNS is alleged to have paid millions of Euros in kickbacks to top Malaysian officials.

Joseph Breham, a renowned French lawyer from Sherpa, a non-profit organisation dealing with human rights legal issues and Cynthia Gabriel from Suaram will provide up-to-date briefings followed by an open dialogue session. William Bourdon, a colleague of Mr Breham, who is also part of the French legal team, was unfortunately deported by Malaysian authorities in July this year en route to speak at fund raising events in the Malaysian capital Kuala Lumpur. Please join us for what is bound to be an interesting and engaging evening.

Date : Friday 30th Sept 2011

Venue : Lecture theatre BPP Law School, 68-70 Red Lion Street, London WC1R 4NY

Time : Registration : 6pm  Briefing and Dialogue Panel : 6.30pm-8.00pm

A nasi lemak supper will be on sale at the venue. All proceeds will go towards the legal fund. Admission is free but donations towards the legal case are welcome.

Please register at http://malaysianscorpenesubmarinecorruptioncaselegalbrief.eventbrite.com/

For further details pertaining to the case please see below:

http://malaysia-today.net/mtcolumns/guest-columnists/39450-malaysian-submarines-the-trail-of-retrocommissions-is-becoming-clearer

Briefing on the Scorpene Submarine Case

Chronology:

5 June 2002:   Malaysian Government signed an agreement with French DCNS and Spainish Navantia for the procurement of two (2) Scorpene class submarines.

The procurement contract was through direct negotiation with the manufacturing companies, said to be with the service of Perimekar Sdn Bhd.

According to the Government explanation, the contract was divided into two parts:

a.   Cost of two Scorpene submarines together with the package that covers Integrated Logistic Support and training amounted to Euro 969.15m (however on 14 May 2008, Najib told the Parliament that this part cost Euro 999.15)

b.    Payment to Perimekar Sdn Bhd in the name of "coordination services" for a period of six years, the sum was Euro 114.96m

It is widely believed that payment for the second package was in reality the commission for Najib/Rosmah through Razak Baginda as the owner of Perimekar.

With the exchange rate at the time, the cost was equivalent to:

1)    Payment for submarine cost between: RM 2.14b (Euro=RM3.2 in 2002) – RM 5.43b (Euro=RM5.6 in 2008) (nowEuro=RM4.7)

2)    Commission: probably about RM 540m (exchange rate at the time of payment)

26 July 2006: Royal Malaysian Navy announced these vessels will be named after the first and second prime ministers. The first hull will be named KD Tunku Abdul Rahman and the second hull KD Tun Razak.

24 Oct 2007:   The first vessel, KD Tunku Abdul Rahman was launched by then Defence Minister Najib on at the DCNS dockyard, Cherbourg, France.

(According to Sharribuu, Altantuya was in France with Najib during the launch)

3 Sept 2009:   The first Scorpene submarine KD Tunku Abdul Rahman, arrived at a Port Klang naval base after a 54-day voyage from France. The second of the series, KD Tun Razak, is scheduled for delivery in late 2009. However it only arrived in mid 2010.

10 Feb 2009:   It was reported that KD Tunku Abdul Rahman could not dive due to technical faults. The Navy sources admitted that the defect had prevented it from diving for three months. However the Government claimed that the problem was fixed in early February and it was allowed to undergo tropical water trial since then.

As a result, builder DCNS SA extended the warranty for the submarine, which was supposed to expire on 25 January 2010, until May 2010 so the submarine could complete its trials as the first step to obtaining its Initial Operational Capability (IOC).

25 May 2010:  KD Tunku Abdul Rahman warranty expired.

2 July 2010:    KD Tun Razak, the second Scorpene submarine, arrived at the Lumut RMN Base. It was more than 6 months behind schedule.

7 July 2010:    Marhalim Abas of the Malay Mail again reported that Malaysian submarine crews had remained on dry land since the first arrival due to continuous problems of KD Tunku Abdul Rahman; the crews risked to lose their submarine rating for unable to participate any trial dive.

Both submarines are now parked at Sabah Sepanggar Naval base, to date neither of them had undergone the necessary tropical water trial dive.

What is the actual cost of the Scorpene submarines?

Agreement signed with DCNS/Navantia costed Malaysian taxpayer Euro 1.08b (with Euro 114.96m commission for Perimekar). Nonetheless, we later found out that the price did not include many items.

What are the missing items that need additional payments?

1.   Maintenance services: Malaysian Government had awarded a joint venture Boustead-DCN Bhd (BDCN) as the services provider for the submarine maintenance. Until today the cost had not been finalized. Nonetheless, in June 2009 Boustead Heavy Industries in a statement to Bursa Malaysia informed that the government had expressed an intent to award a contract worth RM600 million to its joint-venture unit for in-service support for submarines.
March 2010: Defence Minister Zahid Hamidi clarified that for the first year maintenance would cost about RM270m and the annual maintenance cost will be capped at RM600m per year.

2.   LIMA 2009: Defence Minister announced additional contract worth Euro37.5m (about RM150m) for the supply of Support and Test Equipment (S&TE) for Scorpene submarines.

3.   Weapon not included: on 22 June 2010 Defence Minister answered parliament question revealed that the Government has paid Euro219.265m (about RM890m) for 40 units Exocet SM39 missile and 30 units Black Shark torpedo, to be delivered by 2013.

4.   Infrastructure for submarine base in Sabah (not yet constructed)?

5.   Training for crews, support staff etc. No price yet.

 

Grand total (rough estimate):

Hardware: two Scorpene class submarines                         RM 5,430m

Commission: in the form of services by Perimekar               RM 540m

Package for simulation and training, S&TE                          RM 150m

Weapons: 40 Exocet missiles and 30 Black Sharp torpedo     RM 890m

Total: RM 6.98b

Maintenance service (under negotiation)                             RM 270m (first year)/ RM600m (max)

Money spent to date                                                         RM 7.3b    

If we add RM600m maintenance                                         RM 7.58b (for 3 years)

Uncertain for repair cost to overcome defect                         RM ???

 

Kredit: www.malaysia-today.net
 

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