Rabu, 12 Jun 2013

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GE13: What happened? And what now? (Part 1)

Posted: 11 Jun 2013 03:22 PM PDT

After GE13, more even than before, the Umno's ability to head a government, and rule over the nation's core in peninsular Malaysia, now rests disproportionately upon the seats that its fractious East Malaysian partners hold in Sarawak and Sabah (34 seats, together held by 8 different parties, many of them loose, unstable personal alliances of mercurial, opportunistic and "gymnastic" leaders.)

Clive Kessler, TMI

In a brief commentary elsewhere ("Malaysia's election result — no surprise to the knowledgeable," Asian Currents, June 2013), I have noted one paradoxical but hugely important consequence of Malaysia's recent national elections held on 5 May.

A paradox: anomalous domination

The remarkable, perhaps "counter-intuitive", fact is that, while the election result itself ― namely, a fairly close but nonetheless comfortable victory of the Umno-centred Barisan Nasional side over the Pakatan Rakyat opposition ― came as no great surprise, that unremarkable result nonetheless had one quite surprising, even paradoxical, consequence.

From GE13 an electorally weakened Umno emerged politically even more dominant than it had been before. While still embattled in the broader political arena, Umno was delivered a dominant position within the parliament, ruling coalition and government.

By bestowing it with that now dominant parliamentary position, GE13 had delivered into Umno's hands an ascendancy over the governing BN coalition, government policy, Parliament's agenda and parliamentary process, and thereby over national political life ― over the nation's affairs and direction ― of a quite unprecedented and perhaps irresistible kind.

What are the relevant facts here?

The immediate challenge facing Najib Razak, it had been said in the run-up to GE13, was at best to win back the two-thirds majority (or 148 of the 222 seats in the Dewan Rakyat), or at least to improve on the 2008 yield of 140.

More modest and realistic than demanding recovery of the two-thirds majority, some suggested that even 145 would have been a "good result", good enough to ensure his immediate political survival against critics, adversaries and doubters in his own camp.

In the event, worse even than at GE12 in 2008, Umno/BN won only 133 seats. For those who might be satisfied with nothing less than assured domination ― a constitutionally unassailable and impregnable position ― a shortfall of eight seats had now almost doubled to 15.

Yet ― as I noted in my summary review ― behind all its archaizing ceremonialism and cultural nostalgia, politics and political thinking within Umno is nothing other than Realpolitik of the most ruthlessly pragmatic kind. And realistically, Umno (if its interests, and nothing else, are to be the focus of analysis, as the party "hard men" insist) did not do at all badly.

Why?

Because, paradoxically, its political domination was enhanced, not diminished, by the election result ― despite the further decline in the government's parliamentary numbers and the opposition's advances.

Drawing a contrast between the post-election situation of Umno/BN and its Pakatan Rakyat (PKR) adversary is instructive here.

The PKR coalition won a total of 89 seats. The opposition coalition's parliamentary numbers are reasonably balanced. All three of its constituent parties have a sizeable and, if not an equal then a comparable, presence in the Dewan Rakyat (DAP holds 38 seats, PKR 30, PAS 21). The smallest of the three, PAS, contributes about a quarter of the opposition's parliamentary numbers, while the largest, DAP, more than two-fifths but less than a half.

Contrast that with the situation on the government side.

Of BN's 133 seats, Umno now holds 88 (up from 79 in 2008). Its MPs amount to two-thirds of the total BN parliamentary representation.

Umno alone has a parliamentary presence that is virtually the same as that of the combined opposition. Its shortfall of a single seat, if that troubles anybody who matters, is one that might be readily reversed through a by-election victory, the timely defection of an "unhappy" opposition MP, or even a successful appeal against the result in, say, Bachok or some other constituency where the Umno candidate had fallen narrowly short of victory in the election night count.

Now compare Umno's situation among its governing BN partners with the more balanced situation in the opposition coalition's parliamentary numbers.

After Umno, the next largest party on that side of the house holds only 14 seats. The Umno's customary "primary partners" going back to Alliance Party times even preceding independence, the Chinese MCA and the Indian MIC, now together hold only 11 (7 and 4 respectively) and its newer ally Gerakan, 1 ― the decline in their public plausibility and electoral viability coming as the result of, and signifying, the increasing Umno dominance over its old BN partners in deciding national policy over the last decade.

After GE13, more even than before, the Umno's ability to head a government, and rule over the nation's core in peninsular Malaysia, now rests disproportionately upon the seats that its fractious East Malaysian partners hold in Sarawak and Sabah (34 seats, together held by 8 different parties, many of them loose, unstable personal alliances of mercurial, opportunistic and "gymnastic" leaders.)

Umno's task will be to satisfy, appease and manage its increasingly assertive, and at times even restive, East Malaysian partners who now so heavily underwrite BN's, and hence Umno's, ability to rule.

But provided it can do that, in numerical and political terms Umno now dominates ― perhaps as never before ― the national government.

Provided it can decide without internal strife what it wants to do, provided it "knows its own mind", it will be in a powerful position in the years ahead to have its way on all significant political and policy issues, so long as its Sabah and Sarawak allies can be kept "in line".

In national government, an era of unprecedented Umno domination may now be in the offing.

READ MORE HERE

 

Kredit: www.malaysia-today.net

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PM: Bloggers may be asked to state identity

Posted: 12 Jun 2013 06:40 AM PDT

(fz.com) - The government will study a proposal for all bloggers and portal owners to identify themselves on their sites, Prime Minister Datuk Seri Najib Razak said.

This was to ensure that bloggers can be held accountable for their writings and to prevent the spreading of lies that could destroy the unity in the country.

The recommendation is part of a proposal for self-regulation among media practitioners to foster greater responsibility and to prevent the social media from being continuously abused.

"There will no longer be 'anonymous' writers in the social media, blogs or portals as there are now," he said. Earlier, Najib said that lies were found to be widespread in the social media especially during the 13th general election, and if left unchecked, this would be detrimental to the country's future.

He was speaking at the Malaysian Press Institute - Petronas media awards here tonight. Also present were Home Minister Datuk Seri Dr Datuk Ahmad Zahid Hamidi and Communication and Multimedia minister Datuk Ahmad Shabery Cheek.

Najib said that the relevant authorities will take action against those who fail to identify themselves.

Even though the Internet was not censored under the Communication and Multimedia Act, Najib said that self-regulatory measures would ensure that stern action would be taken against bloggers and portal owners who spread inaccurate information and slander.

"The government would not implement a licensing system for news portals as a neighbouring country has, but to ensure harmony is maintained,  we will strengthen existing laws  to ensure quarters that play the race, religious and language card  to create divisions in society, mock the monarchy or try to subvert the parliamentary democracy will have action taken against them," he said.

Singapore has recently announced new rules governing websites that are seen as curtailing freedom of expression. Under the new rules, websites with at least 50,000 unique visitors from Singapore every month that publish at least one local news article per week over a period of two months must obtain an annual licence.

Earlier, Najib said the 'rakyat' was trying to grasp the notion of democracy and free speech, which the country has never been experienced before and has led to a butterfly effect.

The demand for free speech, he said, was not just due to globalisation but greater access to the Internet and an increase in the socio-economic status as well as a higher education level.

Najib also said that it was not wrong for people to have different views, although there was no need for such views to lead to extreme suspicion, which was alien to the country's culture.

"The varied and differing  views must have roots in the Malaysian identity," he said.


No licensing of news portal - Najib

Posted: 12 Jun 2013 06:33 AM PDT

(Bernama) - The government will not impose licensing on news portals as has been done by a neighbouring country, said Prime Minister Datuk Seri Najib Razak.

However, he said, to preserve the existing harmony in the country, the government would continue to enforce existing laws.
 
"...to ensure that no quarters try to cause disunity by using elements of race, religion, language or try to belittle the institution of the monarchy or try to subvert the system of parliamentary democracy (practiced by Malaysia), appropriate action will be taken in accordance to existing laws," he said.
 
Najib said this when addressing the Malaysian Journalists Night 2013 here today. 
 
At the event, he also presented the prizes to the winners of the Malaysia MPI-Petronas 2012 Awards.
 
From June 1, Singapore has made it mandatory for news portals operating in the city-state that have more than 50,000 unique visitors a month to get an annual licence from its Media Development Authority.
 
Najib also said Malaysia was undergoing a transition from being an industrialised middle income country to a developed nation with its economy centred on modern services and high income. 
 
He said the process changed the lives of the people, the majority of whom now lived in urban areas with the income level much higher and poverty level reduced as compared to when Malaysia just gained independence.
 
Besides these, he said with the national broadband penetration at 60 per cent, huge investments in the field of education and liberalisation of the higher education sector, had produced a middle class that was becoming increasingly vocal about their rights.
 
"The government has to be creative and innovative in managing this new reality. The middle class which has become more assertive wants a greater say on the formulation of national policies that concern their future and this has to be made a part of the national coalition that will remake Malaysia," he stressed.


PKR backs down from Parliament opening boycott threat

Posted: 12 Jun 2013 06:30 AM PDT

(The Star) - PKR will not boycott the opening ceremony of the 13th Parliament sitting after all.

The party's political bureau made a unanimous decision Wednesday night not to boycott the sitting scheduled on June 24.

PKR Wanita chief Zuraida Kamaruddin confirmed that the decision was unanimous.

She claimed that PKR adviser Datuk Seri Anwar Ibrahim's earlier suggestion to boycott the sitting in protest of alleged electoral fraud was spun.

"His statement was spun. We are not going to boycott," she said when contacted.

Zuraida had earlier said the Wanita wing did not agree to the boycott as they needed to be present at Parliament to effectively represent the electorate.

Anwar, who is also the Opposition leader, was quoted in media saying PKR should perhaps look into boycotting the sitting in protest of alleged electoral fraud.

DAP and PAS leaders did not agree to the suggestion.

 

Guan Eng: More Malaysians should be like Nazir

Posted: 11 Jun 2013 09:22 PM PDT

Opalyn Mok, TMI

Penang Chief Minister Lim Guan Eng today commended Datuk Seri Nazir Razak for his outspokenness, even as the CIMB Group boss continues to come under attack for defending AirAsia X CEO Azran Osman Rani for the same trait.

Lim urged Malaysians to emulate Nazir in speaking their minds despite the risk of backlash.

"I hope his brother (Prime Minister Datuk Seri Najib Razak) can be just as brave as him," he said while condemning a news article in Utusan Malaysia that had labelled Nazir as "anti-Malay" for his praise of Azran.

Azran had criticised Utusan Malaysia for an inflammatory headline, "Apa lagi Cina mau?", which it ran immediately after the Election 2013. This led to the newspaper to take aim at him and proclaim a boycott against advertising from the airline that he helms.

On Monday, Nazir defended Azran for his forthright attitude, saying that this is the "mark of a leader", leading to attacks against the banker.

Lim also accused Utusan Malaysia today of turning Malaysians on one another through what he called racially-toned articles.

"Malaysians do not want to be enemies with each other so I hope more Malaysians will be like Nazir," the DAP secretary-general said in a press conference at his office this afternoon.

Malay-Muslim groups have criticised both Nazir and Azran for their views, branding both of them as "anti-Malay" and for forgetting "their roots".

Yesterday, the Muslim Consumer Association of Malaysia had in a statement reminded Nazir and Azran of their roots and told them not to be arrogant because of their wealth, position and property.

In a blog post reproduced by Umno-owned Utusan Malaysia today, former information minister Tan Sri Zainuddin Maidin accused Nazri of plunging brother Najib and Umno deeper into a post-polls "crisis of confidence" by coming to Azran's defence.

He said Nazir, the CEO of CIMB Group and the younger brother to Prime Minister Najib, had likely thought that Barisan Nasional (BN) would recapture some of lost support from the Chinese had Utusan Malaysia not targeted the community.

READ MORE HERE

 

MCA slams Malay group for vernacular schools shut-down call

Posted: 11 Jun 2013 09:15 PM PDT

Syed Jaymal Zahiid, TMI

The MCA has blasted the Malay Muslim Consumer Association (MMCA) for calling on the government to shut down vernacular schools and implement a single stream education system as extremist and inflammatory.

Party Youth chief Datuk Wee Ka Siong (picture) said today the demand, which was reported by Umno-owned Malay daily Utusan Malaysia yesterday, had slighted the emotions of Chinese voters and could undermine racial harmony, adding that the party will be lodging a police report on the matter.

"The call by the Malay-Muslim Consumer Association for a single stream education system is extremist and inflammatory in nature.

"MCA Youth will not tolerate this and will lodge a police report against them as their remarks could undermine racial harmony," Wee said in a statement.

MMCA chief Datuk Nadzim Johan, with the support of 130 other Malay-rights NGOs, was reported to have pushed for a government review on its vernacular education policy.

Apart from calling vernacular schools a stumbling block to national unity, Nadzim appeared to have accused them of stoking anti-government sentiments among its students.

"What is happening in some private vernacular schools is the students are not only learning through their mother tongue, they are also taught of the history of other countries," he was quoted as saying.

Wee slammed Nadzim's argument as shallow and accused him of trying to pin the blame the country's racial problems on "mother tongue" education.

"It is regretful that there are still a handful of people who are still calling for the abolition of mother-tongue education and bringing up the issue of a single stream education system, as they believe that national unity can be achieved if everyone learns in the same language.

"This shallow-minded thinking of theirs is wrong and they are only attempting to pin the blame on mother tongue education," he said.

Wee, who is Ayer Putih MP, added such accusations are unfair to Malaysians of all races and argued that as long as the government continues to implement fair policies and measures, voters irrespective of race will continue to support the government.

"This will then lead to national unity," stressed the former deputy education minister.

READ MORE HERE

 

Only High Court can decide on by-election, says EC

Posted: 11 Jun 2013 09:10 PM PDT

(Bernama) - Only the High Court can decide on by-elections in relation to the 13th General Election, said Election Commission (EC) chairman Tan Sri Abdul Aziz Mohd Yusof.

"The process does not just end at the High Court, however, as the final say is with the Federal Court," he said after an interview on the Nasional FM radio station at Angkasapuri here today.

He said the EC would only comply with a High Court or Federal Court order to annul a parliamentary or state seat and to hold a by-election.

"Meanwhile, the EC cannot just declare a by-election on the urging of certain parties," he said.

Furthermore, the EC has yet to determine the number of election petitions filed so far, he added.

"As of late yesterday evening the EC has not received a single petition, despite media reports saying a number of them had been filed," he said.

 

Home minister faces two election petitions

Posted: 11 Jun 2013 08:57 PM PDT

Ahmad Zahid Hamidi has been accused of buying votes with cash and rice.

Anisah Shukry, FMT

Home Minister Ahmad Zahid Hamidi is facing two separate election petitions against him for alleged bribery, overspending and illegal employment while campaigning for the Bagan Datok parliamentary seat.

The petitions, filed yesterday by Perak PKR leader Madhi Hasan and Azmi Sulaiman at the Ipoh High Court, accuse him of bribing voters with cash and rice; spending more than the maximum RM200,000 allocated under the Election Offences Act 1954 for campaigning; and of illegally employing individuals to campaign for him.

According to the petitions, Hutang Melintang state assemblyman R Supramaniam had handed out five bags of rice weighing 1kg each and RM100 to every audience member holding coupons at a Majlis Mesra Rakyat event on April 19, 2013.

The Hutang Melitang state seat falls under the Bagan Datuk constituency.

In a video screened to the media, allegedly taken by an audience member, Zahid could be seen asking the crowd if they wished to become a BN campaign worker, to which they unanimously cried "yes".

"Barisan Nasional voters, Barisan Nasional campaign workers, we must go early (to vote). Aunties, sisters, cook your rice early…you need not purchase any rice, Barisan Nasional has provided us with rice because we are officers," said Ahmad Zahid, in the video.

Commenting on this, lawyer Edmund Bon, who is representing Madhi, said: "In his speech, although Ahmad Zahid supposedly said that this event was about appointing BN campaign workers, what he did was actually bribery and violates the law."

"There were about 1,000 audience members, which means for that event alone, he spent up to RM100,000 and gave out 5,000 bags of rice. This is bribery, and it is enough to set aside the election results," he added.

Meanwhile, in a separate video uploaded onto Ahmad Zahid's personal YouTube account, the home minister could be seen claiming he had 24,000 BN campaign workers at his disposal.

Adzmi's lawyer, Sin Yew, said this was a violation of Section 21 of the Election Offences Act, which deems the employments of individuals other than one election agent, one polling agent and "a reasonable number of clerks and messengers" for the purpose of campaigning to be illegal.

He also surmised that Ahmad Zahid had appointed the 24,000 officers with tactics similar to the ones depicted in the first video – through cash and rice.

"So if he has 24,000 officers, and he has given out RM100 to each one, that means he has spent RM2.4 million, when the maximum allowed for campaigning is RM200,000. We are saying that this is an illegal practice," he added.

READ MORE HERE

 

In the Malay Press: Zam says Utusan's racism is subjective

Posted: 11 Jun 2013 06:55 PM PDT

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcTRRL9xa28in471o40euvXu2hnxZMWOt5uX2gSzYlsmM6C-teaj 

(fz.com) - Former Information Minister Tan Sri Zainuddin Maidin has defended Utusan Malaysia, saying the allegations that the Malay daily is racist is subjective depending on the reader's education background.
 
Zainuddin was commenting on CIMB Group CEO Datuk Seri Nazir Razak's description of the frank views against Utusan expressed by AirAsia X chief executive Azran Osman Rani as "the hallmark of a great leader."
 
Azran and the Umno-owned daily have been embroiled in a war of words after he tweeted that the paper's articles such as 'Apa lagi Cina mahu' (What more do Chinese want) as "racist" and suggested that AirAsia X should not place advertisements in the daily.
 
"I do not know what is meant by Nazir in praising Azran's forthright attitude. Was it due to his assumption that Utusan is a racist paper because it published 'Apa lagi Cina mahu' or his threat to pull back AirAsia's ads from Utusan.
 
"For me the assumption that Utusan is racist is subjective. It depends on one's way of thinking and also his educational background and it is his right," he said in his weekly column in Utusan.
 
Zainuddin criticised Azran's intolerant attitude and said it was not appropriate for him to suggest the pull back of ads because he does not agree with the newspaper's stance.
 
"Is this the attitude of an educated man who believes in freedom, democracy, openness and globalisation. Is this not a misuse of power or action which is not rational?
 
"In my view, if Nazir considers Azran a great leader for his actions, then it means that he has given his blessings for anarchist practices of CEO or chief executives in corporate bodies and big business," he said.
 
He pointed out that corporate giants and large corporations are more powerful than Western governments, threatening press freedom and manipulating editorial content with their financial power.
 
He said the power of corporations are not seen by many but instead the public only see the government using its authority to curb press freedom especially newspapers.
 
"Utusan knows a lot of negative things about AirAsia and has concealed them as have other newspapers due to monetary interests and ads, but apparently this is not enough for Azran.

Read more at: http://www.fz.com/content/malay-press-zam-says-utusans-racism-subjective#ixzz2VzihTkID
 

Woman sought over slur on Agong to turn self in, police say

Posted: 11 Jun 2013 05:02 PM PDT

(BERNAMA) - An individual wanted by police on suspicion of insulting the Yang di-Pertuan Agong Tuanku Abdul Halim Mu'adzam Shah, will surrender herself on Saturday upon returning from abroad.

Kuala Lumpur CID deputy chief ACP Abdul Aziz Zakaria said police investigation found the suspect will give her statement to the police upon her arrival home.

The case was investigated under Section 4(1) of the Seditions Act 1948, he told a press conference at the Kuala Lumpur Contingent Police Headquarters, here today.

On June 1, a Facebook user by the name of Melissa Gooi (PICTURE) was alleged to have issued statements that insulted the speech of Tuanku Abdul Halim in conjunction with his birthday. These later received responses from other Facebook users that were also alleged to insults to the Agong.

Following the comments in Facebook, police received 35 reports from numerous groups including non-government organisations, which wanted stern actions to be taken against the owner of the Facebook account and her friends.

 

Rafizi: Pakatan adamant on Padang Merbok for June 22 rally

Posted: 11 Jun 2013 04:58 PM PDT

Boo Su-Lyn, TMI

Pakatan Rakyat's (PR) "Black 505" rally will proceed at Padang Merbok here on June 22, despite the Olympic Council of Malaysia's (OCM) insistence that it needed the field then for an event the day after, PKR's Rafizi Ramli said today.

The PKR strategy director pointed out that the Kuala Lumpur City Hall (DBKL) had informed PR that Padang Merbok was only booked from 6pm onwards on June 22, contrary to OCM's statement yesterday that logistics preparation for the June 23 McDonald's Olympic Run would start on June 21.

"DBKL told us at the beginning that we can only book up to 6pm because after that, another event will be held at Padang Merbok the next day," Rafizi told The Malaysian Insider today.

"We can sit down with the Olympic Council to discuss what kind of arrangement is necessary to allow both to proceed smoothly," he added.

OCM honorary secretary Datuk Sieh Kok Chi said yesterday that preparation for the Olympic Run in the city centre would start on June 21 after 3pm and June 22 after 6pm.

He noted that runners will pass by Padang Merbok, although the run will be flagged off from the iconic Dataran Merdeka here on June 23.

Sieh said that the Olympic Run ― which has been held annually on June 23 since 1994 in celebration of Olympic Day ― would involve 15,000 runners and that the venue was booked at the end of last year.

KL Mayor Datuk Ahmad Phesal Talib urged PR last Monday to select another venue for the rally against electoral fraud, preferably a closed-door area such as a stadium, saying the field would be needed for "logistic preparations" for OCM's June 23 event.

READ MORE HERE

 

The Malaysian Insider to lose many key staff to rival

Posted: 11 Jun 2013 04:12 PM PDT

(fz.com) - Staff of The Malaysian Insider (TMI) are walking out on the five-year-old news website to start a new company that will run the rival web portal of The Malay Mail newspaper.

The brother and sister team of Leslie Lau and Joan Lau will lead the team of 30 who will leave TMI for Trinity Diligence Sdn Bhd, which has been contracted to manage www.themalaymailonline.com.
 
Interestingly, The Malay Mail newspaper has a content sharing agreement with another news portal MalaysiaKini.
 
"The print team and online team (of The Malay Mail) will be managed separately and the Insider team coming over will have no impact on the print partnership with MalaysiaKini," said a source familiar with what was happening.
 
Sources say the move, first reported by www.fz.com on April 23, was triggered by increasing differences between the TMI editorial team and its financiers on its editorial direction, especially during the run up to the May 5 General Election.
 
This, combined with very persistent wooing by the people behind The Malay Mail group, finally led to the collective decision to leave.
 
TMI was started in December 2007 by a group of businessmen and journalists close to then Prime Minister Tun Abdullah Ahmad Badawi as a counter balance against MalaysiaKini, which was deemed to be unfriendly to the Barisan Nasional (BN).
 
But after Abdullah stepped down in 2009, the group stopped the financing and the TMI top management, after talking to several people, eventually got funding with help from a 30-something Penang-born businessman with close ties to the current BN leadership.
 
The Malay Mail newspaper is privately controlled by Datuk Siew Ka Wei who, through his listed company Ancom Bhd, owns the Redberry Group which has in-store and outdoor advertising platforms.
 
Chan Thye Seng, the CEO and Managing Director of  general insurer Pacific & Orient Bhd, which has an 18% stake in Ancom, is believed to have been the person who negotiated with the TMI team to cross over.
 
The deal was sealed after months of discussions and only after it was agreed that instead of being employees of The Malay Mail, the TMI team will form a new company to run the website. The Laus will be the main shareholders of Trinity.
 
When contacted, Chan said: "I have no comments to give you."
 
Since buying The Malay Mail four-years-ago, Siew has changed its management team and business model a few times, including from being a free to a paid newspaper. Among those who now work for him are media industry veterans  Lee Yew Meng, one time head of advertising sales at The Star, and Rajjish Verron, who was formerly with MBf Cards.
 
Sources say Siew has also just signed on the Executive Editor of The Star, Datuk Wong Sai Wan, to be Director of Special Projects for The Redberry Group. Several months back, another senior newsman, Datuk Syed Nadzri Syed Harun joined from The News Straits Times Press.
 
"He has some heavyweights batting for him. But he has to get them to bat in sync instead of taking swings in different directions," says one media observer.
 
Industry analysts say the media landscape is heading for interesting times with re-alignments and businessmen sinking more money into it, despite the stiff competition and challenges facing the industry.
 
A new player, HCK Media Sdn Bhd owned by former Star Publications Executive Deputy Chairman Tan Sri Clement Hii, is expected to start a news portal call www.theantdaily.com very soon as well as a weekly lifestyle magazine.
 
 

Jakim looking out for posts insulting Islam

Posted: 11 Jun 2013 04:08 PM PDT

(NST) - The Islamic Development Department is working closely with the Malaysian Communications and Multimedia Commission, the Home Ministry and Radio Televisyen Malaysia to monitor social media, including blogs and Facebook, for postings that insult Islam.

Minister in the Prime Minister's Department  Datuk Seri Jamil Khir Baharom said the team effort was to identify irresponsible parties out to disparage Islam and also disrupt the country's peace and harmony.

He pointed out that the insults hurled against the Yang di-Pertuan Agong and more recently, Prophet Muhammad, as acts that could not be tolerated.

"I see this as some sort of a plan by irresponsible parties and it is the duty of the government, including religious officers, to counter them.

"These parties are unhappy with the present situation where Muslims and non-Muslims live in harmony, so, they try to create tension so that things turn for the worse in this country," he said  after opening a meeting of   district religious administrative officers from across the country  here, yesterday.

Jamil Khir was commenting on the several police reports filed by non-governmental organisations that called on the authorities to investigate several blogs, which they claimed had insulted and defamed Prophet Muhammad.   

The minister said district religious officers should also play a more proactive role and act against those involved.


Many Netizens ignorant of the law, says blogger

Posted: 11 Jun 2013 04:03 PM PDT

(NST) - Netizens who post derogatory and seditious remarks on social media are oblivious to and ignorant of the country's cyber laws, said bloggers and analysts.

Blogger Datuk Ahirudin Attan said the majority of cases of people abusing social media involved those who were ignorant of the consequences and were oblivious to the laws governing the Internet.

"Netizens must understand that they are not operating in a vacuum. They can be sued for what they post on social media because there are laws enforced for cyber users," he said.

Ahirudin, who runs the "Rocky's Bru" blog, said many took the freedom they currently have on social media for granted by resorting to posting content that could harm the country and disrupt peace.

"The ignorance to check on the authenticity of information available on the Internet can be cited as one of the causes, as many of these postings can be misguiding."

Ahirudin added that educating the public from an early age was crucial and the government should strengthen the current campaigns like the "Click Wisely" campaign.

Another blogger, Y.L. Chong, who runs the "Desiderata2000" blog, said social media served as the only channel for Netizens to express their thoughts freely as many were under the impression that they were restricted from voicing out their thoughts publicly.

Chong, who lauded the government's plans to revamp cyber laws based on American, British and Australian models, said Netizens should practise self-regulation despite growing frustration among some quarters as cyber laws covered Internet abusers.

Counselling psychologist Charis Wong said posting allegedly seditious remarks on the Internet were not psychological issues but rather users voicing their frustrations over the recently concluded 13th General Election.

"If they don't have personal contact with the people they mentioned in their seditious remarks online, we can't label it as a psychological disorder," she said.

"Rather, these are people who are addicted to the social media and choose to vent their frustrations and anger."

She stressed that whatever their frustration, they should not cross the line of ethics when posting online.

The Communications and Multimedia Ministry on Sunday said it had identified two individuals who allegedly insulted Prophet Muhammad through their Facebook pages on Friday.

Its minister, Datuk Seri Ahmad Shabery Cheek, said their usernames were "Calvin Gani" and "Rakyat Anarki" on Facebook.

 

Bakri MP let off with stern warning over boycott mistake

Posted: 11 Jun 2013 03:58 PM PDT

Clara Chooi, TMI

DAP has let off Bakri MP Er Teck Hwa with a stern warning for breaching party discipline when he violated a boycott order by attending yesterday's parliamentary briefing.

In a statement here, party whip Anthony Loke said Er would not be referred to the DAP's disciplinary committee as he had admitted his mistake and apologised for it.

"This should be a lesson for Er and all DAP MPs to always act collectively and obey the decisions of the party's top leadership in carrying out their duties as DAP parliamentarians," he said.

Loke said the decision was made after he discussed the matter with DAP Opposition Leader Lim Kit Siang and a show cause letter was issued on Er.

He added that the party viewed the discipline breach as a serious matter.

Er raised eyebrows in Parliament yesterday when he was the sole MP from the 89-member opposition bloc to attend a scheduled briefing.

When approached by reporters, Er said he felt the briefing was important and that his decision to attend was of his own initiative.

"Briefing day is important, we want to see if there are new rules and so on," said Er, an MP well known among Parliament circles for his halting Bahasa Malaysia and persistence in the Dewan Rakyat.

In a press statement after causing an uproar for his attendance, Er apologised to his party for the mistake, explaining that he had missed the email instruction sent to all 38 DAP lawmakers last week as he had not gone through all correspondence in his email inbox.

"This is my mistake for not thoroughly going through all the messages and email for this specific order to boycott today's briefing and stirring up more controversy on [the] current political scenario.

"I would like to express my most sincere apologies for my inappropriate actions and humbly accept any dicispline action that might be taken against me," he said.

READ MORE HERE

 

Time to give non-Malays bumiputra status: Tunku Aziz

Posted: 11 Jun 2013 03:47 PM PDT

(The Sun Daily) - Former DAP vice-chairman Tunku Abdul Aziz Ibrahim (pix) says it is time the Barisan Nasional government considered allowing non-Malays to enjoy bumiputra status and giving fair amount of aid to all races to promote national unity.

Discriminatory policies do not contribute to national unity, he noted, adding that all Malaysians born and bred in the country should enjoy bumiputra status.

Tunku Aziz said allowing non-Malays to enjoy bumiputra status will make some who are enjoying the status unhappy, but he felt this group should be prepared to sacrifice and share with others for the sake of the nation's future.

In an interview with China Press published today, he pointed out that Malays are not the only people facing poverty and as such, the government should assist the various ethnic groups through equitable policies.

"We should look at it in the interest of the majority of the people. For the good of the country, the government should let non-Malays enjoy bumiputra status too," he said.

Tunku Aziz also felt that the May 13 incident is part of history and should not be considered a taboo or used for finger-pointing purposes.

"We should not talk anymore about who instigated May 13 but to learn a lesson from it and to understand history."

He said the various races in the country still did not have a deep understanding of one another, adding that "we may not even know our own neighbours".

 

PKR should not boycott Parliament swearing-in, says its Wanita chief

Posted: 11 Jun 2013 03:35 PM PDT

(The Star) - PKR Wanita chief Zuraida Kamaruddin said that all Pakatan Rakyat MPs should not boycott the Parliament swearing-in ceremony.

"In my opinion, we should attend the swearing-in. It is only after we are sworn in as Members of Parliament that we can sit in the Dewan.

However, she was unrepentant over the boycott of the briefing session for MPs in Parliament on Tuesday.

"All of us in Pakatan already agreed not to attend the briefing.

"But the swearing-in is important to the constituents and those who voted for us to raise their concerns in Parliament," she said in a press conference here Wednesday.

PKR vice-president Tian Chua previously suggested that all Pakatan MPs boycott the ceremony, but the idea was shot down by both DAP and PAS.

All Pakatan MPs except one, Bakri MP Er Teck Hwa boycotted the briefing in Parliament in protest of the election results.

Meanwhile, DAP Whip and Seremban MP Loke Siew Fook said in a statement that MP for Bakri Er Teck Hwa was given a stern warning but would not be referred to the DAP disciplinary committee.

"Party leaders took a serious view of the matter and has issued a show cause letter to him on Tuesday to explain.

"Er has given a written explanation and apologised for his actions.

"This should be a lesson to Er and all DAP MPs to always act collectively and to comply with the party leadership decisions in the exercise of their duties as DAP MPs," said Loke in the statement.

 

Najib’s brother accused of undermining Umno by backing AirAsia X CEO

Posted: 11 Jun 2013 03:28 PM PDT

Clara Chooi, TMI

Datuk Seri Nazir Razak was today faulted for plunging brother Datuk Seri Najib Razak and Umno deeper into a post-polls "crisis of confidence" following his defence of AirAsia X CEO Azran Osman Rani's against criticism from Utusan Malaysia.

Former Umno minister Tan Sri Zainuddin Maidin, or "Zam" as he is popularly called, accused Nazir of failing to understand that the ruling party may not have maintained its Malay support in Election 2013 without the Umno-owned newspaper.

He said Nazir, the CEO of CIMB Group and the younger brother to Prime Minister Najib, had likely thought that Barisan Nasional (BN) would recapture some of lost support from the Chinese had Utusan Malaysia not targeted the community.

"But in truth, Nazir only added to the problems faced by Datuk Seri Najib and Umno," the former minister said in a blog posting that was published in Utusan Malaysia today.

Utusan's "brave" backing of Umno in fighting off the anti-Umno elements that have eroded public confidence in the government had also opened the newspaper to financial risks, Zam said.

But this resulted in a stronger Umno representation in Parliament, its twin success in recapturing Kedah and Perak, and a larger number of state seats in the Kelantan legislative assembly, he noted.

On Monday, Nazir defended Azman for his forthright attitude in daring to criticise Utusan Malaysia, saying that this is the "mark of a leader".

Zam asked if labelling Azman forthright and frank meant Nazir was joining the ranks of those who have accused Utusan Malaysia of being racist.

"To me, the assumption that Utusan is racist is subjective. It depends on the school of thought or the leaning of a person, as well as his or her educational background... and this is every individual's respective right," he said.

"But what I feel was unsuitable was Azran's intolerant behaviour. Just because he disagreed with the paper's stand, he threatened to withdraw AirAsia advertisements.

"Sentiments and prejudice influenced his actions," Zam wrote.

"Is this the behaviour of an educated person who believes in freedom and democracy, openness and globalisation? Is this not considered an abuse of power or irrational action?" he asked.

Zam suggested insolence on Azman's part, accusing the AirAsia X chief of assuming that because Utusan Malaysia should follow his political leanings because it carried advertisements from the airlines.

"Utusan knows a lot of negative issues about AirAsia and has kept it under wraps, like the other papers, for the sake of advertisements or money from it, but it looks like this alone is not good enough for AirAsia CEO Azran," he said.

"Surely his spirits will soar even higher with the support of Nazir, brother to Najib, the prime minister of Malaysia, who does not understand the crisis of confidence that Najib and Umno now faces," Zam added.

In the just-concluded May 5 polls, BN retained power but with a reduced seat margin, scoring 133 seats to Pakatan Rakyat's (PR) 89 seats in Parliament.

Amid the reduced victory, Umno emerged the most victorious among all BN component parties, sweeping up 88 seats ― 11 seats more than the 79 it won in Election 2008.

A divided Malaysia emerged after the election and in his first speech to declare BN's victory, Najib said the results showed that a "Chinese tsunami" had occurred and declared the need for national reconciliation.

This set the tone for the post-polls discourse as many Umno and BN leaders, taking a leaf from the prime minister, set out to paint the general election as a Chinese versus Malay contest.

READ MORE HERE

 

Stop the ‘Red Bean Army’, police told

Posted: 11 Jun 2013 03:08 PM PDT

Upset over the cyber war team's comments regarding Prophet Muhammad and the royalty, Penang Malay Congress president Rahmad Isahak calls for action.

Athi Shankar, FMT

A local civil society group wants the police to take immediate action against the cyber war team known as the Red Bean Army (RBA).

Penang Malay Congress president Rahmad Isahak urged the police to take firm action against those who established RBA.

He said no matter who or which group was behind the formation of RBA, those responsible must be hauled up to face appropriate judicial punishment.

He said RBA's activities have gone overboard in inciting racial hatred and spreading malicious lies to the public.

"RBA has crossed its limits of public patience. We fear that the group's activities would deepen racial polarisation, disharmony and hatred. It must be busted and their leaders must be nabbed.

"They must be charged and punished. The police must not compromise on national harmony and security," he added.

Referring to some online comments related to Prophet Muhammad and royalty, Rahmad claimed that such rudeness and sarcasm must be kept in check.

He said the police cannot afford to allow subversive elements to rear their ugly heads to halt nation building.

He claimed that these subversive elements were being used and manipulated by certain quarters to usurp the Malays' political power.

"We cannot allow these elements to achieve their goal. They must be crippled immediately," he added.

 

Ku Li resurfacing to lead ‘third force’?

Posted: 11 Jun 2013 03:01 PM PDT

Insiders claim that some of BN's Sabah and Sarawak MPs who are in Kuala Lumpur wanted to explore "possibilities" of a positive change for both East and West Malaysia's politrical landscape.

Calvin Cabaron, FMT

The alleged recent meeting between several MPs from East Malaysia and Umno veteran leader Tengku Razaleigh Hamzah has rekindled rumours of uncertainty within Umno in Peninsular Malaysia is still fluid.

Old speculations about Ku Li and a 'third force' have resurfaced.

The thinking here is that  if at least 25 MPs from Barisan Nasional in Sabah and Sarawak leave the ruling party and teamed up with say 10 disgruntled BN MPs from Peninsular, they would be able to change the political equation.

The grapevine in Kota Kinabalu and Kuching are tossing up probabilities that "change" could happen in the next few days.

Political blogs and news portals have picked up on these rumours and riding on the alleged meeting between Ku Li and the MPs from Sabah and Sarawak, are spewing fresh scenarios.

Insiders claiming to be in the know said that some Sabah and Sarawak BN MPs who are already in Kuala Lumpur wanted to explore "possibilities" of an alternative plan that would have a positive change for both East and West Malaysia's landscape.

"They are mulling the idea of getting Ku Li as Prime Minister for at least two years and see if he could unite the nation, minus Umno, but without succumbing to Anwarism .

"They are talking about a more sober  personality to lead the country out of a stagnated democracy," said one local leader in Kota Kinabalu who described those in the group as politically adventurous but not 'big' risk-taker.

According to the rumours going round here, the "hands engineering the change" want Ku Li to get at least 10 MPs from Peninsular out of BN.

These MPs will then team-up with about 25 or 28 MPs from Sabah and Sarawak to ensure BN loses its majority.

BN currently controls 133 of the 222-seats in Parliament while opposition Pakatan Rakyat holds the remaining 89 seats. BN controls 47 of the 57 MP seats in East Malaysia, including one in Labuan.

Their calculation is that if 35 MPs opt out of BN and throw their support behind Pakatan then BN's 133 seats would be reduced to only 98 and Pakatan which has 89 seats will gain from the shift in allegiance and now have 124. This would be enough for Pakatan to "form" a new federal government.

READ MORE HERE

 

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Are our cops getting enough training?

Posted: 11 Jun 2013 06:52 PM PDT

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N. Shashi Kala, fz.com 

THE recent spate of custodial deaths highlights a longstanding issue of poor police investigation skills. Going by court proceedings and news reports, our cops appear to be too reliant on witnesses to come forward or for tip-offs for leads. 
 
The kind of forensic investigations as seen in crime shows such as CSI, where a piece of gum from a shoe can – via super-duper, super-fast trace analysis – lead the crime lab to the perpetrator, are unheard of here. (Crime show producers take liberties to tell their story, resulting in compressed timeline for tests, and computer software that borders on genius – but the underlying science is already in use.)
 
In fact, DNA analysis is actually in its infancy here, with a lot of the forensic testing sent to labs overseas.
 
And when evidence is present, in some cases, they are poorly recorded and preserved – remember Anwar's Sodomy II trial? And the chain of evidence – crucial to ensure there is no tampering – sometimes not adhered to (who can forget how 40kg of drugs that were part of a 700kg drug haul were discovered to have gone missing during a trial, leading to the suspect being acquitted by the Kuantan high court).
 
There have also been cases of judges admonishing the DPP and the investigation team for shoddy work.
 
This worries me. Are police personnel not getting the training they need to do their jobs effectively? Or is it that they are just unaware of how important it is to follow police and forensic protocol, to ensure that investigations into a case are airtight before it goes to court.
 
Nothing says "waste of public money" more than having cases thrown out due to slip shod investigation by the police. 
 
I also wonder whether this lack of training is also partly responsible for the custodial deaths in lock-ups.
 
Are cops resorting to beating up suspects, even torturing them, in order to get them to confess their crimes, or finger someone else at least, because this is the quickest, and perhaps only way how they know to get leads?

Read more at: http://www.fz.com/content/are-our-cops-getting-enough-training#ixzz2Vzhohnu1 

Respect is a two-way street

Posted: 11 Jun 2013 03:41 PM PDT

To earn the respect and trust of the people, the police should act as professional defenders of the law with the confidence to be monitored by an independent body.

There have been too many incidents recently, some more horrific than others, which raises the question as to whether our police understand that they are not above the law and are actually subject to it.

Azmi Sharom, The Star

ACCORDING to Section 3 of the Police Act, the Malaysian police are there for the "maintenance of law and order, the preservation of the peace and security of Malaysia, the prevention and detection of crime, the apprehension and prosecution of offenders and the collection of security intelligence".

There is nothing in the Act to suggest that the duties of the PDRM are listed in order of importance, but surely it was not chance that has "the maintenance of law and order" as first on the list.

It is only by upholding the law that the police obtain their moral authority to do what they do.

Policemen, both men and women are citizens like us, but they have powers beyond any one of us.

If I wandered around town carrying a gun, apprehending people, locking them up and interrogating them, then I am likely to get done in for possession of a dangerous weapon, kidnapping, false imprisonment and assault.

Not so our men and women in blue.

And the distinction between them and me is that they are authorised by the law to do what they are doing and they are, supposedly, bound by the rules of the law when they do these things.

If there is no respect for the law on their part, then there is absolutely no difference between them and any other ordinary gun-totting criminal or kidnapper.

All the duties that they have, as covered under the Police Act, therefore, must be carried out in accordance with the law.

We are not living in a cheap movie world where the cops have some sort of divine authority to do whatever they want to fight crime.

But sometimes one has to wonder whether the police themselves are actually aware and have knowledge of this.

There have been too many incidents recently, some more horrific than others, which raises the question as to whether our police understand that they are not above the law and are actually subject to it.

What makes it all the more frustrating is that there is no independent body such as the proposed In­de­pendent Police Complaints and Mis­conduct Commission (IPCMC) to help us answer these questions.

Sure, action has been taken against some police officers who are suspected of having broken the law and committed heinous acts.

As an example, the charging for murder of the three policemen in­volved in the Dhamendran death while in custody case.

However, this is merely a reaction to a single such incident when surely the sheer number of such cases proves that the problem is already systemic.

As the old saying goes "who wat­ches the watchmen?"

The need for an IPCMC is now so very urgent, not only to ensure the good behaviour of the errant individuals who are supposed to be the upholders of the law, but also to ensure that the police – men and women who do their jobs professionally and well are not tarred with the same brush.

We have reached a stage where if the police want the respect and trust of the people, then they have to stop being belligerent and defensive.

Instead of acting like lawless cowboys, they should act as professional defenders of the law and with confidence.

They must allow themselves to be monitored by an independent body.

As they are so fond of telling us, "If you have done nothing wrong, you have nothing to fear".

But apart from having a change in the system to make the police more accountable, there must also be a more wide spread change in the mind-set.

The law is meant to embody certain ideals of the society.

Ideals such as: a person is innocent until proven guilty; that there is a due process in order to avoid the wrong person being convicted; that there are certain civil liberties that citizens have so that they may live with dignity in peace and that everyone has the right to be free from fear (from criminals and from the authorities).

If the police do not respect these ideals, ideals which are from the society that they are meant to serve, then just what is it that they are doing their jobs for?

If it is only a crime-free society we want, we can always have the police armed to the teeth, going around as judge, jury and executioner, killing anyone they suspect as being a law breaker, but truly, is that the society we want to live in?

Is that the society our fellow citizens, the men and women of the PDRM, want to live in? I fervently hope not.

 

Election Petition – a note to Rafizi

Posted: 11 Jun 2013 02:54 PM PDT

The law's restraint is judicial in origin. Section 23(3) of the 1983 Act states that no UK Parliamentary election shall be declared invalid if it appears that: (a) the election was so conducted as to be substantially in accordance with the law as to elections; and (b) the act or omission did not affect the result.

Art Harun

I refer to the FMT report, 'Impossible To Win Election Petition'. I have written before on the standard of proof in election petitions. Thus I will not comment on YB Rafizi's statement on the same subject. I wish to however address two issues.

Firstly, allow me to state the reason for the high standard of proof which is required to win an election petition. To understand the reason for the standard of proof, we need to know – and understand – the basic premise of an election petition.

The premise of an election petition is an electoral result which is being challenged.

To put it simply, there has been an election. And there is a result of that election. That result is born out of a democratic process which takes the form of an election. That result therefore represents the WILL OF THE MAJORITY as expressed through the election process. The candidate which is preferred by the majority is therefore declared the winner in the election.

Now, what is being challenged in an election petition is actually the will of the majority expressed in the election. Being so, in order to sustain that challenge, sufficient reasons must be shown to unseat the will of the majority. Those reasons proffered by the challenger must thus satisfy a high legal burden. Otherwise, the will of the majority could easily be defeated in the Election Court. That would make a mockery of democracy.

Take this scenario as an example.

Candidate A won an election by 3,000 votes. Candidate B files an election petition showing that 300 voters had managed to wash off their so-called indelible ink immediately after voting. Videos of a bus full of people who looked like Bangladeshis parking itself at the voting centre were also produced.

Here, it is not sufficient for candidate B to just show those evidences. He must demonstrate how those things affect the result of the election. In respect of the 300 voters who washed off the ink, it must be shown that they had, in addition to washing off the ink, managed to vote twice. In relation to the bus, it must be shown that those people were indeed foreigners who were not entitle to vote and they did vote.

If the laws were to permit the result to be vitiated just by showing 300 people had washed off the ink and a bus full of Bangladeshis was parked at the voting centre with nothing more, what that would mean is that the will of the majority could be over-ridden and set aside by the minority. That would be undemocratic. I am sure in such event – of that happens to a Pakatan Rakyat's candidate – the PR would be complaining of how undemocratic the laws are!

In the above scenario, any complain in respect of the procedural non-compliance must therefore be supported with evidence that at least 1,500 votes were affected by the non-compliance. If that is done, then candidate A could not and should not have been the winner. Therefore, the result would be vitiated and another election must be called.

That is how it works.

The second issue which I would like to deal with is this.

The aforesaid report in FMT goes on to say:

"On that note, the Pandan MP said that the electoral laws in Malaysia are skewed to allow and tolerate discrepancies, unless it hits a criticial level that can alter the election results."

I do not know as a fact whether YB Rafizi did say that. On the assumption that he did say that, I would like to respond to that statement.

It is NOT CORRECT and NOT TRUE that electoral laws in Malaysia are "skewed" to allow and tolerate discrepancies.

Our election rules are mainly contained in an Act called the Election Offences Act 1954. This Act is mainly based on the Common Law principles and the provisions of the United Kingdom's Representation of the People Act 1948 (which later became the Representation of the People Act 1983). The provisions of our laws are not only similar to the UK provisions but also to the Indian provisions.

So, our electoral laws are not peculiar to us. In hearing election petitions, our Election Courts are normally referred to authorities and judicial precedents from the UK and Indian Courts. Sometimes we refer even to the Canadian and Australian cases. If our laws are said to be skewed to tolerate discrepancies, then the UK and Indian laws are also skewed as such!

In a report dated Dec 11, 2012 by a Law Commission in the UK, consisting of eminent jurists, namely, The Rt Hon Lord Justice Lloyd Jones (Chairman), Professor Elizabeth Cooke, Mr David Hertzell, Professor David Ormerod and Frances Patterson QC, the Commission among others, states:

"In our consultation paper we summarised the jurisdiction of the parliamentary election court as:

i. reviewing the votes in a scrutiny, potentially declaring another candidate elected as the person having the most lawful votes; or

ii. examining the validity of the election, potentially resulting in an MP being unseated and a new election being called. Here, we distinguished between:

(a) invalidity for breaches of the rules by electoral administrators;

(b) a successful candidate's corrupt or illegal practice; and

(c) a successful candidate's disqualification from office."

That is precisely what our Election Courts are empowered to do too. Section 32 of our Act says:

"32. The election of a candidate at any election shall be declared to be void on an election petition on any of the following grounds only which may be proved to the satisfaction of the Election Judge:

(a) that general bribery, general treating or general intimidation have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;

(b) non-compliance with the provisions of any written law relating to the conduct of any election if it appears that the election was not conducted in accordance with the principles laid down in such written law and that such non-compliance affected the result of the election;

(c) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent, or by any agent of the candidate;

(d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that such person had within seven years previous to such engagement been convicted or found guilty of a corrupt practice by a Sessions Court, or by the report of an Election Judge; or

(e) that the candidate was at the time of his election a person disqualified for election."

As we can see, the provisions are identical. (The power of "scrutiny", ie, to recount votes is contained in section 50 of our Act.)

The Law Commission further states:

"Administrative breaches

How a breach of a rule pertaining to administration of the poll should affect its validity involves a balancing act between giving teeth to the rules and achieving a certainty in electoral outcomes. The law has therefore placed some restraints on the consequences of breach. As our consultation paper explained, a challenge based on ground 2(a) above is essentially founded on the breach causally affecting the outcome of the election. In contrast, a candidate's corrupt or illegal practice or disqualification vitiates the validity of the election irrespective of the effect on the result.

The law's restraint is judicial in origin. Section 23(3) of the 1983 Act states that no UK Parliamentary election shall be declared invalid if it appears that: (a) the election was so conducted as to be substantially in accordance with the law as to elections; and (b) the act or omission did not affect the result.

Considering identical provision in the Representation of the People Act 1949, Lord Denning MR in Morgan v Simpson re-stated its wording in positive form; a breach of the rules must affect the outcome of the election in order to result in its nullity. An election will be held not to have been conducted substantially in accordance with the law as to elections if there was a "substantial departure" such as to make "the ordinary man condemn the election as a sham or a travesty of an election by ballot". The bar was thus set very high for an administrative breach to invalidate an election irrespective of its impact on the result."

Again, that is PRECISELY the position in Malaysia. In respect of procedural non-compliance, we need to prove that such non-compliance must affect the result or outcome of the election. Please see section 32 (b) as reproduced above.

In so far as corrupt or illegal practices are concerned, these are divided into two categories:

a) where the corrupt and illegal practices were committed by the candidate himself or his agent, or with his knowledge or consent, the result is automatically vitiated regardless of whether such acts affect the result or not. (section 32 (c)).

b) where the corrupt and illegal practices have so extensively prevailed, the result would only be vitiated if they may be reasonably supposed to have affected the result of the election. Here, we do not have to show that the acts were done by the candidate, his agent or with his knowledge or consent.

What is being emphasised under sub-paragraph (b) above however is "reasonableness." The question is, after looking at the totality of the evidence, is it reasonable for the Court to suppose that the result has been affected by the acts.

In respect of non-compliance of the rules or procedures, the question, as Lord Denning puts it in Morgan v Simpson:

Was there "substantial departure" such as to make "the ordinary man condemn the election as a sham or a travesty of an election by ballot". The bar was thus set very high for an administrative breach to invalidate an election irrespective of its impact on the result."

That IS the position in England and that IS the position here.

Our election laws are not skewed to tolerate discrepancies. Our laws are based on the English laws as well as other respected jurisdiction within the Commonwealth.

In fact I dare say that our election laws are even better than the English laws. That is because here, we have an automatic right to appeal against any decision of the Election Court to the Federal Court (where at least 3 Judges will sit). In England, the decision of the Election Court is not appealable. A judicial review may however be asked for. But that is not automatic as judicial review may only be invoked if the High Court grants leave to do so.

When our laws place a high burden on us and do not always work in our favour or do not support our cases, it does not speak well for us to say that our laws are skewed.

Now, numerous election petitions are filed. Pakatan Rakyat is challenging many election results where the Barisan candidates had won. Conversely, Barisan Nasional is also challenging many results where the PR candidates had won.

I will bet my last dime that the Pakatan Rakyat lawyers will argue the same thing as the Barisan Nasional lawyers' would in defending the results of the election which favour the PR candidate. In other words, all the above arguments which I have set out, will also be used by PR to defend the result of the election where the PR candidate had won.

Now, doesn't that give new meaning to "fair is foul and foul is fair?"

 

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