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Tuesday, October 21, 2008

Dear HINDRAF supporters

Thank you for the concern shown on the recent ban on HINDRAF. Many of you are anxious as to what would happen next. Numerous questions have been posed. What would we do? Have we lost the struggle?

The answer is a simple NO. Yes the Government has declared HINDRAF unlawful. They have taken away our "body" (HINDRAF) but they can never take away our souls for the humanity that will prevail. We belong to a great tradition which believes in the Law of Karma and Reincarnation- the spirit of HINDRAF would soon emerge in a new body, a much energized and energetic force which would lead us to greater democratic heights.

The artificial authority along with the spinmasters of UMNO led by the ruling government continues to chastise us. Let it be.

The history and each person's experience is the hard truth and reality that cannot be killed and what HINDRAF is fighting for is the hard truth and the reality and not what sounds good. The sanctity and dignity is on the truth and the reality is the base of HINDRAF and the Almighty in any form will protect us, as HINDRAF is a humanity struggle in the Almighty's blessing for his children.

Be patient – it would be sooner than later. Oppression intimidation and threats by the Malaysian Government will never derail our struggle. Let us all await the new "Rising Power" of Makkal Sakthi.

THE NEO DEMOCRATISATION REVOLUTION BEGINS.

P.Waytha Moorthy
CHAIRMAN
HINDRAF

I swear in the name of Gurusamy

Witness protection programs are to protect witnesses from those who do not want the witness to testify. From those who stand to lose the most if that witness ‘blows the whistle’. So, in order to shield witnesses, either before or after they have testified in court, witnesses are sometimes relocated. Sometimes they are given a whole new identity. Facial makeover, name change, job resume rehashed. These are the lengths the law enforcement agencies will go to protect the sources of their information or those whose testimony will put crooks away.

And the ones who stand to lose the most if the whistleblower ‘blows’ will go to great lengths to try and make sure the witness never gets to testify in court.

They will kill if they have to. They will kidnap family members of the whistleblower and threaten those family members with harm if they have to. Pay big money, bribe law enforcement agencies, force a retraction of previous statements if they have to. They will do anything and everything to make that whistleblower disappear.

Because they have so much to lose.

Take PI Balasubramaniam and his two statutory declarations.

In the first SD, Bala swore that Razak Baginda had informed him that:

  1. Altantuya had been introduced to Razak Baginda by Najib.

  2. Najib had informed Razak Baginda that he had a sexual relationship with Altantuya and that this might include anal sexy.

  3. Najib wanted Razak Baginda to look after Altantuya as he did not want her to harass him since he was now the deputy prime minister.

  4. Najib, Razak Baginda and Altantuya had all been together at a dinner in Paris.

  5. Altantuya wanted money from Razak Baginda as she felt she was entitled to a US$500,000 commission on a submarine deal she assisted with in Paris.

Bala also swore in his first SD that Altantuya had told him that she had met Razak Baginda in Singapore with Najib and that she had also met Abdul Razak Baginda and Najib Razak at a dinner in Paris.

Bala also swore that on the day Razak Baginda was arrested, Bala was with him at his lawyers office at 6.30am. Bala swore that Razak Baginda informed both him and the lawyer that Razak Baginda had sent Najib an SMS the evening before as he refused to believe he was to be arrested, but had not received a response. A little later, at about 7.30am, Abdul Razak Baginda received an SMS from Najib and showed this message to both Bala and his lawyer. The message read : “ I am seeing IGP at 11am today … matter will be solved … be cool”.

The next day after having gone public with the contents of his first SD, Bala came out with SD2 in which he now says ‘I wish to retract the entire contents of my statutory declaration dated July 1, 2008. I was compelled to affirm the said statutory declaration dated July 1, 2008 under duress’.

And Bala and family are now nowhere to be seen. Vanished into thin air! Disappeared!

And Najib is now free to say that Bala has no credibility because one day he says Najib had sex with Altantuya and the next day he says no. One day he says Najib met Altantuya in Singapore and Paris and the next day he says no. One day he says Najib was trying to interfere with the case by speaking to the IGP and the next day he says no. Cannot believe someone who says one thing one day and something else the next day.

That cannot be treated as the same as Najib saying one day that he never met Saiful and the next day saying yes he met Saiful but only to discuss his future studies. After all, Najib never swore any SD on both occasions, so that is not the same as this Bala swearing two SDs both saying absolutely contradictory things.

So one way to neutralize a whistleblower is to get him to contradict himself and then disappear so that he then cannot contradict his second statement by making a third SD to reaffirm the first SD, leaving the one with the most to lose to now say ‘no credibility’.

What if you can’t get to the whistleblower?

Thagarajoo a/l Thangavelu swore a SD on 22nd August, 2008 before commissioner of oaths Mohan A.S. Maniam. Thagarajoo swears that Kenneth Eswaran introduced Guruji to Najib and Rosmah. That Thaga himself has driven Guruji to Najib’s house to perform Hindu rituals there. That these rituals would be performed every month in which Najib and Rosmah would be bathe in milk. After the prayers, things used in the ritual would be buried in the compound of Najib’s house to ward off evil.

Until today, there has been no second SD by Thaga to say that the contents of the first are untrue. That he was coerced to make the first SD. That he retracts the contents of the first SD. And Thaga has not disappeared. He has not vanished into thin air. Disappeared!

Why? Najib don’t know where he is. Cannot get him to do a second SD denying the first. Cannot get him to disappear.

And since there is no second SD, Najib cannot say that Thaga has no credibility. That Thaga cannot be believed. Cannot be trusted.

Instead, a group of Najib’s supporters have come out and said that Najib has denied being involved in Hindu rituals. Najib said if you don’t believe him, ask Samy Vellu.

Wah, now swearing in the name of Samy.

Guruji not enough, now Gurusamy also?

But Najib’s office has come out to distance Najib from the statement by his supporters.

And still no denial of the contents of Thaga’s SD?

Deny the SD and we produce the proof.

P. Uthayakumar's lawyer: Sedition charge should be dropped

Dr M prays he is wrong, but offers bleak prognosis for economy

Dr M hopes Malaysia won’t be hit by the financial crisis. — Picture by Choo Choy May

By Leslie Lau
Consultant Editor

KUALA LUMPUR, Oct 21 —Tun Dr Mahathir Mohamad says he has a “feeling” the government is underestimating the effects on Malaysia from the fallout of the global financial crisis.

“I am glad to hear that Malaysia will be spared… This ability to isolate Malaysia and Malaysian banks from the effect of the bankruptcies of all the biggest banks in the world must be regarded as a miracle.

“I hope we are right in forecasting the effect on us of the collapse of the world’s financial system. But I have a sneaking feeling that all is not well,” he wrote in the latest posting on his chedet.com blog.

The Malaysian government has been assuring the country that it is relatively insulated from what is happening to the global financial markets and the collapse of various financial institutions.

Still, Kuala Lumpur has moved to prevent an outflow of liquidity by announcing a full guarantee on bank deposits for the next two years.

Finance Minister Datuk Seri Najib Razak has said Malaysia will not suffer from any “depression”, and continues to project growth for the economy.

Dr Mahathir, who as Prime Minister then, bucked the trend and defied the advice of the International Monetary Fund to introduce capital controls and other measures during the 1997 financial crisis.

In his blog posting, the feisty former PM offered readers a primer on what has been happening in the financial markets.

But in typical form, he also railed against the financial system.

“What is happening in the world today is the collapse of the global financial system. This has been brought about by greedy people abusing the system.

“Instead of doing business in goods and services they now do business in money, in fictitious money.”

Dr Mahathir said he prays that he is wrong in thinking Malaysia will also be affected by the credit crunch.

“I pray that the government is right in declaring that the whole world may collapse but we would be the only country which won’t.

“We will sail calmly through the seas of shattered economies,” he said.

The former PM points out that while Malaysia may not need “several hundred billions” to bail out local banks, financial institutions will still face the problem of unpaid loans incurred by their credit card users.

This is because banks have been lax, he said, in providing credit card facilities.

Unpaid credit card loans now amount to in excess of RM20 billion, he said.

Dr Mahathir added that as a trading nation, Malaysia will soon face the problem of a shrinking market because up to 40 per cent of its exports is to the United States and Europe.

“I may be wrong but I believe that if our buyers cannot pay for what they import from us we would not make the profit we had expected.”

He points out that hundreds of companies trading with the US and Europe will not get paid for their exports, and “we are talking about tens of millions, even hundreds of millions of ringgit worth of goods not being paid for.”

This will result in an increase in non-performing loans and will lead to a credit squeeze which will hurt other businesses.

Basically, Dr Mahathir said, the international financial system and the market economy have failed.

“Unless and until a new system is introduced and governments regulate… we are going to see financial turmoil and collapse repeated over and over again.”-themalaysianinsider

Uthayakumar's lawyer objects to AG's authority

KUALA LUMPUR, Oct 20 - The Sessions Court has postponed P. Uthayakumar's sedition trial after a defence lawyer objected to the letter by Attorney General Tan Sri Abdul Gani Patail authorising the prosecution.

The lawyer, N. Surendren, argued that Uthayakumar was prosecuted out of a grudge between Gani and his client.

He said Gani had scolded Uthayakumar during a Shah Alam court hearing when his client was representing 31 supporters of the Hindu Rights Action Force (Hindraf).

Gani had also linked Uthayakumar to a plan to get assistance from terrorist group Tamil Tigers in Sri Lanka, he said.

Deputy Public Prosecutor Raja Rozela Raja Toran replied that the issues raised by the defence had nothing to do with the present trial.

"We are conducting the prosecution for this case here and there is no need for us to answer any question regarding the attorney general. If the defence want to argue, they have to submit the affidavit so that Gani can answer all the questions raised.

"The prosecution is ready since this morning and our witnesses are also ready," she said and stressed that the prosecution papers were not defective.

Judge Sabariah Othman later fixed Feb 3 next year to deliver the court's decision on the matter.

Uthayakumar, 47, is on trial for posting a seditious letter by Hindraf whose address was No. 135-3-A, Jalan Toman 7, Kemayan Square, Seremban, Negeri Sembilan on http://policewatchmalaysia.com on Nov 15, 2007.

The letter was addressed to British Prime Minister Gordon Brown.

Before the hearing started, a commotion erupted after several Uthayakumar supporters hurled abuses at the police on duty for not allowing them to enter the courtroom without the necessary passes.

During the commotion, a woman fainted and was later taken to hospital for treatment.

Following this, Surendren complained to the judge of police's action and said today's hearing was held in open court and therefore anyone should be allowed to follow the proceedings. - Bernama

DAP rep slams Kedah government

Lee Guan Aik©New Straits Times


ALOR STAR: The sole DAP assemblyman in Kedah has given the Pas-led state government until Nov 18 to withdraw its new policy requiring 50 per cent of new houses to be allocated to Bumiputeras.

Failing this, said Lee Guan Aik, he would launch a state-wide signature campaign.

Describing the new policy as "unfair and unlawful", he said he was surprised with the announcement by Menteri Besar Datuk Seri Azizan Abdul Razak last month.

"Many people did not understand the policy since the details were not disclosed to us. The policy-makers should have created awareness or informed the public about the policy before enforcing it," he said, adding that the state government lacked transparency when enforcing the policy.

Lee is the latest to speak out against the policy, which has drawn criticism from many.

On Oct 6, Kedah-Perlis Real Estate and Housing Developers' Association chairman Ricque Liew Yin Chew said the policy was unfair and would drive many members out of business. He also claimed that the association was not consulted on the matter.

Kedah Malay Chamber of Commerce president Datuk Zainol Abidin Abdul Hamid had also raised his members' concerns over the policy which he said was not suitable for all housing projects.

Lee said he was ready to face the consequences for speaking out against the state government. He said he was doing it for the sake of the people, adding that the minority groups in Kedah also required adequate and affordable housing.

"Any policies that are introduced should be fair to all and protect the minority communities," he said, adding that the policy was not reflective of Kedah Pas' slogan of "Pas For All" which it had harped on during the March 8 general election.

He said the state government should also consider fine-tuning the policy by reinstating the release mechanism for unsold Bumiputera units.

State Housing Committee chairman Datuk Mohamed Taulan Rasul said the matter would be dealt with by Azizan, who is away in Australia.

Hamid should do his homework as Home Minister by reading/digesting 2005 Royal Police Commission Report

I am very disappointed by the Home Minister, Datuk Seri Syed Hamid Albar’s response to complaints by Taiwanese investors about the serious crime situation in the country which affects investment confidence.

In fact, this is not just the concern of Taiwanese investors but all foreign and local investors as well as ordinary Malaysians and visitors, as crime in Malaysia has become one of the biggest problems in Malaysia – with the exception of the Home Minister.

In fact, the problem of rising crime index has been a staple subject of DAP MPs in Parliament in the last two Parliaments.

I just cannot imagine how Hamid could be so unresponsive and irresponsible as to dismiss the Taiwanese investors’ complaints about the crime situation in Malaysia, claiming that the law-and-order situation in Malaysia has not reached a “red danger alert”.

Let me advise Hamid to do his homework by first reading and digesting the 2005 Royal Police Commission Report, or he would not have committed another faux pax like his earlier ridiculous statement that the Sin Chew senior reporter Tan Hoon Ching was arrested under the Internal Security Act for her own protection and safety!

When Datuk Seri Abdullah Ahmad Badawi became Prime Minister in October 2003, the crime situation was already out of control which was why one of his first reform promises and measures which won him all-round plaudits and support among Malaysians was the establishment of the Royal Police Commission to reduce crime to restore to Malaysians their twin fundamental rights to be free from crime and the fear of crime, whether in the streets, public places or the privacy of their homes.

The Royal Police Commission in its May 2005 Report had referred to the “alarming” and “dramatic increase” in the crime index from 121,176 cases in 1997 to 156,455 cases in 2004, an increase of 29 per cent in eight years, and recommended a reduction by 20% in the crime index in the first 12 months.

In actual fact, the reverse took place. In the past four years, the crime index had worsened from 156,315 cases in 2003 to 224,298 cases in 2007 – a sharp rise of some 45% when it should have gone down as recommended by the Royal Police Commission which proposed a 20% drop in the crime index in the first 12 months of its report.

For the first time in the nation’s 50-year history, the crime index last year crashed through the 200,000 psychological barrier. Women in Malaysia are now more unsafe today than four years ago – as the incidence of rape had more than doubled from a daily average of four women in 2003 to 8.5 women last year!

Has Hamid forgotten the Barisan Nasional’s 2008 general election manifesto where it promised: “Bring down the country’s crime index”.

What has Hamid as Home Minister done in the past seven months to fulfil the BN 2008 manifesto to “Improve the level of personal safety for every individual”?

Hamid has nothing to show as Malaysia today is even more unsafe to its citizens, visitors, tourists and investors because of endemic crime as compared to the start of the Abdullah premiership in 2003 or even just March this year.

Has Hamid forgotten the spate of crime in the country like the robbery-cum-murder of Thor Joo Lee, wife of former Penang State Assemblyman for Bukit Tambun, Lai Chew Hock at her Tambun Indah house in Penang and the robbery of Datin Chang Lee Lee, wife of former Penang Exco and Pulau Tikus Assemblyman Datuk Dr. Teng Hock Nan in her Jalan Tunku Abdul Rahman house in Penang among other outrages?

Malaysians are paying a terrible cost in terms of the personal safety of its citizens, tourists and investors and the nation’s investment climate because of the unchecked rising crime index and lack of leadership and commitment to declare an all-out-war against crime whether by the Home Minister or the Inspector-General of Police.

In fact, it is no exaggeration to say that crime in Malaysia has become so endemic as to scare away tourists and investors precisely because the most important recommendation of the Police Royal Commission to establish the Independent Police Complaints and Misconduct Commission (IPCMC) to create an efficient, professional and world-class police service to keep crime low in the country had not been implemented or heeded.

Is Hamd prepared to support the establishment of a full-fledged IPCMC and not a tooth-less and clawless Special Complaints Commission (SCC) which is a mockery of the Royal Police Commission’s IPCMC proposal, as there will be police representatives on the SCC!

[Media Conference Statement (2) in Parliament on Tuesday, 21st October 2008]

-Limkitsiangblog

Siaran Langsung Perbahasan di Parlimen

Siaran Langsung Perbahasan di Parlimen

PEJABAT DATUK SERI ANWAR IBRAHIM

Malaysia Nanban (21/10/08)

Tamil Nesan (21/10/08)

Dewan rejects emergency motion on Hindraf

The Star

KUALA LUMPUR: The Dewan Rakyat has rejected an emergency motion filed by M. Kulasegaran (DAP - Ipoh Barat) to discuss the Hindraf issue after it was declared illegal.

The emergency motion, filed last Friday, was rejected by the Speaker in chambers on the ground that there was no urgency to debate the matter.

Kulasegaran raised the issue in the Dewan Rakyat Monday but Speaker Tan Sri Pandikar Amin Mulia told him that it was not necessary to allow the emergency motion as MPs could do so in their speech on budget.

Kulasegaran filed an emergency motion over “unjust, unwarranted and ham-fisted” ban of Hindraf.

In his application, Kulasegaran urged the government to immediately lift the ban and engage Hindraf for the betterment of the Indian community.

He said the move to ban Hindraf would only aggravate the disaffection of the Indian community with the Government.

CHAMIL WARIYA - pembentuk minda pembunuhan

Chamil Wariya, Ibrahim Ghafar, mencipta budaya ganas penulisan kreatif.

PENA sepatutnya lebih cermat membuat ulasan akan karya-karya sebegini.

Ulasan PENA Malaysiakini

Perlukah satu hari nanti atau sekarang kita menerima apa sahaja karya atas alasan kreatif?
Kreatif. Apa sebenar definasi kreatif? Kreatif dalam cerpen Chamil Wariya - Politik baru YBJ, tidak lebih bertaraf jalanan atau mungkin tinggi sedikit dari picisan. Apa nak dihairankan, Chamil itu lahirnya dari perut busuk Utusan Meloya.

Pelik juga Dewan Bahasa dan Pustaka, menerima mudah kelas kreatif yang sebegini.

Saya suka menggelar mereka ini “mercenary writers” - writing for a cause & of course for their political masters.

Kenapa Chamil tidak tulis pasal ahli politik raba punggong wanita dan mabuk-mabuk. Kenapa Chamil tidak mahu tulis cerpen tentang gadis monggolia? Atau pemimpin kalah judi di Las Vegas atau banyak lagi perkara.

Apakah mesej yang cuba disampaikan dalam cerpen itu?

Malang sekali, “creative satire” dijadikan penghalalcara ala Machiavelli, kepada karya-karya berbau hasutan. Apakah Chamil Wariya merupakan penganut teori Nicolo Machiavelli? Sekurang-kurangnya Utusan Meloya sudah begitu lama menjadi wajah/media yang rela dipergunakan untuk kepentingan politik BN/UMNO.

Mintalah pandangan A Samad Said, mungkin lain pendapatnya.

Mungkinkah esuk atau lusa karya-karya sebegini akan memenuhi akhbar? A Wahab memberi pendapat yang pelik sebagai orang DBP.

“Sebuah karya yang ganas, akan menerbitkan keganasan, betulkah? Kalau tengok filem yang penuh dengan mesej baik-baik, adakah orang itu jadi baik?” - A Wahab.

Jika penulisan begini sudah menjadi budaya dan santapan harian, tidak pelik ia akan menjadi bom penghancur minda jenerasi mendatang. Mereka ni mandul tak ada zuriat kah?

Bolehkah esuk, David Teo bikin filem dengan nama watak dalam filem cerekanya diberi nama Najib Razak, Abdullah Badawi, Rosmah Mansur, Jeanne Abdullah, Zahid Hamidi, Khairy Jamaluddin, dilakonkan oleh artis-srtis tanahair - Kemudian disebut “tidak ada kena mengena antara yang hidup dan telah mati”.

Jalan ceritanya pula ialah tentang seorang janda yang berasal dari bumi monggol yang kehilangan pasport dan jatuh cinta dengan seorang lelaki di Kuala Lumpur. Tragisnya kisah cinta itu hanya nyawa sebagai galang gantinya.

Bolehkan?

Bilalah agaknya akan lahir penulis satira sebenar seperti George Orwell di Malaysia yang bolehland ini??

Photos at Duta Court during Uthaya trail on 20 Oct 2008





















































This is amazing !!

We had an historical moment with our great Makkal Sakthi ( People's Power) leader, Mr Uthayakumar today while he came to the trail in Jalan Duta Court at 9am.

The court diverted the case to another court room without any notification even to the defence counsel. The supporter whom came as earlier morning as 6am started to que in front of court room and later found that the trail is about to start in another room.

When the supporters and well wishers came to the actual court room they were again blocked by police claiming thr room is packed when there is only 6 people in court room.

Again another first time took place, where the police says that only those with number tag will be allowed and asked the supporter to get back to ground floor to register the names and collect the tags. The peace loving supporters walked all the way down to que up to register thru their IC and collected the "special" token number which limited to 58 only.
Surprisingly there were many other cases running in the same building but they were allowed to move in to their respective court room without "special tags nor registration". Another double standard !!

The court later adjourn to afternoon and the interval were used to see and greet Uthaya by all the suppporter whom came. Uthaya was very happy and motivated. He stressed that the struggle for the Malaysian Indians will not stops until the UMNO led govt fulfill the rightful rights of Malaysian indians.
More news to be written later.

Thx

Vaalge Makkal Sakthi

video

Speaker rejects emergency motion on Hindraf


Dewan Rakyat Speaker Pandikar Amin Mulia today rejected an emergency motion by M Kulasegaran (DAP-Ipoh Barat) last week to discuss the government's recent ban on Hindu Rights Action Force (Hindraf).


The speaker rejected the motion on the grounds that the matter was not urgent enough because members of parliament will still have an opportunity to discuss the ban on the ongoing budget debate session."They still can discuss the (Hindraf) issue during the budget debate session, there is an opportunity to do so. Why would we need an emergency motion for this?" asked Pandikar. Home Minister Syed Hamid Albar banned the movement last Wednesday after the ministry said it was satisfied with facts and evidence showing that "Hindraf had (been) and was being used for unlawful purposes and posed a threat to public order and morality".The decision was criticised, especially by Pakatan Rakyat leaders who described it as going against the principles of democracy and rights.
Barisan Nasional component party Gerakan and the Human Rights Commission have expressed rare disapproval as well.


At a press conference in the Parliament lobby, Kulasegaran said he had been “surprised” to receive a letter this morning informing him that the motion had been rejected.The motion, moved under Standing Orders 18 to the Home Ministry, is required to meet three criteria - the matter has to be specific, urgent and of public interest.“I regret that the speaker has made the decision like this. It would have been better for him to allow this motion because it is very urgent, otherwise we would not have move it,” he said.Kulasegaran pointed out that, had the motion been allowed, the home minister would have had to issuing a reply to the House immediatelyNow there will be a delay, as the minister is only due to wind up on matters relating to his ministry in two weeks time, during the ongoing debate on Budget 2009.

The Ipoh Barat MP said he had been shocked to hear of the ban.“It is best for the minister to justify (the reason for the ban) in Parliament. I was surprised when the government decided to ban Hindraf, as (an announcement) was not made in the House.“When parliament is sitting, the minister should respect the House. This is not good for the parliamentary system.”

Uthaya's sedition trial moved to February

Hindu Rights Action Force (Hindraf) leader P Uthayakumar's sedition hearing has been fixed for Feb 3-5, when the Kuala Lumpur Sessions Court will hear further arguments on alleged bias by the attorney-general (AG).

MCPX

uthayakumar sedition trial 201008 01The proceedings today were adjourned after lead defence counsel M Manogaran contended that there is an "element of bias" in the charge sheet and consent form which were signed by AG Abdul Gani Patail.

The consent form is issued under Section 5 of the Sedition Act 1948, which states that "no person shall be prosecuted for an offence under section 4… without the written consent of the Public Prosecutor".

Manogaran cited a court case on Dec 5, 2007 when Uthayakumar and the AG shouting at one another over a charge of ‘attempted murder’ levelled against 31 Hindraf supporters who had gathered at the Batu Caves temple grounds the night before a mass rally on Nov 25, 2007.

Manogaran claimed that there was "bad blood between them" because Abdul Gani had accused "some Hindraf members of meeting with LTTE” (Liberation Tigers of Tamil Eelam – a Sri Lankan separatist group).

However, Sessions Judge Sabariah Othman interjected, asking Manogaran the relevance of objecting to the charge.

"Consent is necessary (as it is the) integral part of the charge… (but) he (the AG) himself has released the charge sheet," said Manogaran.

"Gani Patail appears to have a personal interest in this case. He wants Uthayakumar to be prosecuted and convicted. I think it is very pertinent. The consent and charge sheets were filed and signed by the same person."

uthayakumar sedition trial 201008 raja rozela raja toranDeputy Public Persecutor (DPP) Raja Rozela Raja Toran (right) said "whether the consent form is valid or not or whether there it is bias or not should have been addressed on Dec 11, 2002".

"The AG was there at that time and he could have answered your queries," said Raja Rozela.

"This is an application that is an ambush… this a delaying tactic by the defence counsels. We have been ready since this morning and our witnesses are ready."

The judge said she would decide on the issue of bias when the hearing resumes in February. Manogaran told her that the defence would raise further objections then.

uthayakumar sedition trial 201008 03Uthayakumar (left) has claimed trial to the sedition charge, based on a letter he had posted on a website. Dated Nov 15, 2007, it was sent from Hindraf’s main office in Seremban.

The letter, addressed to British Prime Minister Gordon Brown, highlighted alleged marginalisation of Indian Malaysians. It also sought the British government’s help to move an emergency UN resolution condemning ‘ethnic cleansing’ in Malaysia.

Uthayakumar has been held under the Internal Security Act (ISA) since Dec 13 last year for organising Hindraf activities.

He had been charged with sedition on Dec 11 and was on RM50,000 bail before being arrested two days later under the ISA, which provides for detention without trial.

Section 4 (1)(c) of the Sedition Act 1948 carries a fine not exceeding RM5,000 or a jail term not exceeding three years, or both for a first offence.

Apart from Manogaran, the defence team comprises N Surendran and AS Dhaliwal.

'Stronger despite detention'

Uthayakumar, who now sports a beard, appeared in good spirit and told reporters that he has become stronger since being held at the Kamunting detention camp in Perak.

“I’m okay; I’ll fight to the end… I have had enough time to think of the struggle, to analyse and to think deeply. And I still feel our struggle is a legitimate struggle,” said Uthayakumar.

He was referring to an 18-point resolution on the rights of Indian Malaysians, which had been submitted to Prime Minister Abdullah Ahmad Badawi in July last year.


Uthayakumar described that the sedition charge as “malicious persecution” by the government and said: “They can keep me as long as they want but I shall keep on fighting.”

uthayakumar sedition trial 201008 as dhaliwal indra devi and s jayathas

His fiancee Indra Devi (in white), 47, was in court with his mother K Kalaivany, 65, and his sister Waytha Nayagi, 42.

A small commotion in the courtroom preceded today's hearing when the case was moved to another court, but before the same judge.

Hindraf supporters were unhappy when they were not allowed into the new courtroom. A shouting match ensued between the supporters and the police, with Uthayakumar - wearing a white shirt and tattered blue pants - joining in.

Kapar MP S Manikavasagam was among those shouting, insisting that the police should stop "harrassing the supporters".

A woman fainted in the ensuing disorder and was taken to a hospital in an ambulance. Surendran claimed she had been “elbowed” by a police officer.

However, the commotion died down after 20 minutes, when more supporters were allowed to enter the courtroom where they sat on the floor.

More than 100 Hindraf supporters - clad in orange T-shirts with slogans like ‘Abolish ISA’, ‘Keep walking’ and ‘Makkal sakthi’ - had gathered at the court complex since early this morning.

Asked to comment on the banning of Hindraf since last Wednesday, Uthayakumar said: “The tenth most important point in our federal constitution guarantees the people's rights to form an organisation… (the government is) doing this because we have the support of the people.

“You can suspend the organisation but you cannot stop the people… by having me detained, the people are becoming more encouraged and I (myself) am prepared for the worst."

Before leaving the court, Uthayakumar urged his supporters to “stay strong and keep to the goal”.

BN parties must speak out

On a related matter, Hindraf chairperson P Waythamoorthy urged all BN component parties to make their stand on the banning of Hindraf and the real problems facing the Indian Malaysian community.

hindraf london demo 060208 waythamoorthy"Hindraf urges component parties within BN to come out of their cocoon and speak the truth on the real situation facing the Indians and the impact of the Umno repression on Hindraf which is causing great uneasiness amongst the people," Waythamoorthy (in coat) said in a statement today.

He said that the Umno-led government "cannot go on forever silencing all legitimate voice of democracy in the unfounded and malicious allegation of national security".

He said the BN component parties have a moral duty to speak the truth in the larger national interest and to protect and uphold the rule of law.