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Wednesday, February 4, 2009

DARI JELEBU

Kugan maka kamu pun dimatikanlah
Lalu kamu di kebumikan
Kita tidak pernah berjumpa
Tidak ada apa yang mempertemukan kita
Aku juga tidak tahu di mana rumah kamu
Siapa ibu kamu
Dimana sekolah kamu
Apakah kamu telah bertunang

Aku hanya melihat tangisan tangisan di muka-muka akhbar
Merekalah yang menangis
Tangisan yang menjerat hati aku
Panas lah air mata di pipi
Panas lagi kulit yang dilalui

Kereta kuning yang membawa kamu ke perkuburan
Dengan pokok pisang dan mayang kelapa
2000 orang menghantar kamu
Kau sendiri pun tidak tahu
Mata-mata dan mata di sana sini
Mengalirlah si air mata itu

Pedro maka kamu pun dimatikanlah
Lalu kamu di bawa ke gereja
Maka kamu pun di sembahyangkan
Semuanya kelihatan hitam

Aku hanya melihat wajah kamu didalam youtube
Bogota kota kamu tidak pernah aku jejaki
Aku tidak tahu kenapa muda kamu terputus cepat sekali
Maka menagislah kawan-kawan kamu di lorong-lorong favella
Semalam mereka berlabon tentang kamu
Ketika mayat kamu di gereja
Lilin lilin itu terbakar
Datanglah hendaknya mariam yang air matanya mengalir
Melihat kaki Isa berdarah terpaku

Blako aku baca berita kamu dimatikan tergantung
Dalam bilik bilik sempit di kota perth
Dinding dinding sempit ini menyesakkan nafas kamu
Dunia kamu tidak lagi seluas gunung jarra
Mata kamu tidak memandang seluas padang nallabor yang panas
Tidak ada suara kokobara
Sahutan dingo hanya tinggal dalam ingatan
Maka kamu pun dimatikanlah

Al-Walid
Pagi itu berita sampai di laman web
Ketika itu aku baru sahaja selesai minum kopi
Telah enam minggu kamu hilang
Ibu mu ke hulu ke hilir
Seribu kali ibu mu bertanyakan pada si badwi penungang kaldai
Seribu kali ibu mu berdoa dari masjid ke masjid

Di pandang pasir mana kamu menghilang
Di negev atau di hebron
Tidak mungkin kamu tenggelam di laut mati

Pagi itu sesudah aku minum kopi
Maka mayat kamu yang telah dimatikankan pun sampailah

Ya Walid
Apakah tangan kamu di ikat
Dan dada kamu di curahi air panas

Ya ali ya hussein ya hassan
Ya isa ya krishna ya mariam
Yahwe om segala om
Jauhilah nakba dari kami

Dari sentul ke brickfeild
Dari negev ke hebron
Dari nallabor ke bagota
Daging daging yang tidak bernyawa
Paru paru yang tidak berudara

Kugan maka kamu pun dimatikanlah
Kugan maka gambar kamu pun dilihatlah
Kugan kita tidak pernah berkenal sapa
Kugan nakba kamu adalah nakba kita semua

Kugan kamu pun selamatlah di kebumikan
Kugan ketahuilah apabila kamu dimatikan
Jasad kamu di perut bumi sedang meruntuh nakba dunia- Hishamuddin Rais




Those held under the ISA are defined as a group that has virtually no rights, so it is hardly surprising that prison guards treat them as less than human.

Brad Adams, executive director of Human Rights Watch’s Asia Division.

I regard class differences as contrary to justice and, in the last resort, based on force.

Albert Einstein

Are the Indians paying for their revolt?

I have been wondering what else can a community, who are an important minority in this country, do except to revolt when the whole system is based on patronage and class divisions in Malaysia?

What else can a community do when they are constantly stereotyped by the authorities and the media to have criminal tendencies?
What else can a community do when they are arrested for suspicion of involvement in criminal activities but instead end up in a body bag without ever being charged? All these seem to be the predicaments of Indian Malaysians, which have led to a sad state of affairs after 52 years of independence.

The system of divide and rule and class patronage has created a mentality in the police force and the authorities in general that Indian Malaysians are the down-trodden class which are only good at arguing and fighting and hence associated with acts which could involve violence.
This mentality is very present and evident in the way the authorities discharge their duties when it comes to engaging Indian Malaysians. The question of continuous "begging" or asking the government in a very scuttle or mild way using political patronage connections should not arise as Indian Malaysians are citizens of this country and have all the right to be treated equally.

If an application is made and the applicant meets all the pre-conditions and criteria, then the applicant should be allowed his request without the need to further inquire into his ethnicity.
But the continuous insistence on ethnicity at every level of bureaucracy in Malaysia has entrenched a feudalistic mentality in the system of governance in the country which tends to only favour the well-connected. This has caused a ‘boiling lid’ effect which is what the country is experiencing now.

If it were not for the Indian Malaysians who had heeded to the call of Hindraf and revolted against the government in 2007, the rest of Malaysia would not have woken up from their long slumber and caused the hard hitting tsunami on the ruling BN coalition.
It can be seen very evidently that when Indian suspects are hauled up by the police, they are easy victims of the feudalistic mentality which has been indoctrinated into the police force.
Fundamental rights under the constitution are all nothing but worthless writings on paper which the police force does not bother with.

Fundamental liberties like the right to a phone call and legal representation of your choice is denied with ease and when brought up before the courts, we have a judiciary that does not insist that the constitution is supreme and in turn reprimand the delinquent police force for its ineptness.

The ethnic Indians have been on the receiving end way before the Hindraf revolution took place but this slow victimisation of Indians who tend to be very loyal to the government if they are in government positions, started many years ago.

It is also due to the class division amongst Indians, were the rich and professional lot think that the poorer segments are mostly those who indulge in criminal activities or acts which tend to get on the wrong side of the law.

Seeing disunity amongst the Indian political leadership and its masses, where clear lines are seen with those who have the power of patronage and those who are at the receiving end, the Malay political leadership see it fit to have it their way with the lower segment of ethnic Indians who mostly tend to sway towards the opposition.

At the risk of generalising, our police force has never been professional, although we have many police personnel who are highly educated these days. They are in the force for the positions, the connections that come with it after they retire, and last but not least to be in the right department or unit where there is a chance to "rake it in".

Most have become automatons who have no remorse or an iota of emotion in them which tells them that the person they are interrogating might be innocent. They might turn barbaric if it was their child who was tortured and killed by their own men in blue in the name of solving crime but no one has shown remorse by coming out into the open and criticising the force for its archaic ways of policing.

For this barbarism to stop, we have to change the entire government and with it, revamp the entire police force where the Inspector General of Police and the Attorney General must be made responsible to Parliament. This way, their policies, decisions and actions will ultimately be watched and questioned by the people through Parliament.

One has no hope that the police force will change for the better unless a revolution takes place, where the people demand that the leadership of the police force step down and a commission is formed to take over until a complete revamp is done.

If the police force is corrupt and barbaric, the courts can make amends if it stops behaving subserviently to the force by questioning it and demanding to know what they have investigated before agreeing to remand a suspect.

But sadly our courts are made up of magistrates who are too scared to question the police. When our courts can save the day, they choose to keep quiet and let the press and the politicians do the talking.

Our courts have the constitution to safeguard and administer, to protect the rights of the people of this country but again they choose to keep quiet and allow this barbaric acts to fester.
Unless and until a strong commitment is conceived on part of the people to completely change the way in which this country is administered, these barbaric acts will continue and ethnic Indians will always be at the receiving end.
Dear Readers;

We are not sure of the authenticity of the following information but however have decided to post it as it was sent to us by a reliable supporter. We are not responsible and do not take any responsibility of the truthness of the information.

Dear All,

Many of you may not know the true story. The stories we hear about
Kugan is not true. He is not a luxury car thief. In fact he worked for
his uncle whom tow cars for finance companies. Kugan actually was
trying to tow a policeman's own car and when confronted by the Police,
he fired back at the police and said he was only doing his duty and not
afraid of Police. The Police got angry with Kugan's remark and thus
arrested him and finally killed him. Spread this actual story around
and don't believe everything in the media. See how they are trying to
link us so that we INDIAN people get wiped out of this country.

Also heard that the policemen that got involved were transferred to HQ
for their "own safety". Remember the teacher whom used foul language
towards our Indian Students. She should be raped, tortured like Kugan
and then thrown into rubbish bin. Guys don't let this one go off
easily. If the authorities failed to punish those responsible, we
INDIANS should do something about it. Today its Kugan, tomorrow it
might be our own brothers or kids.


Have A Great Day,

Thank you and warmest regards
Mohan
Texchem-Pack (PP) Sdn. Bhd.

What does the Perak State Constitution say? And what ought the EC to have done?

February 4, 2009 (Haris Ibrahim)

many-colours-115

Malaysiakini reports today that YB Lim Kit Siang “accused the Election Commission of siding with the Barisan Nasional in deciding not to hold by-elections for the state seats of Changkat Jering and Behrang” and of acting “unconstitutionally in refusing to recognise the decision of Perak speaker V Sivakumar on the vacancy of the two seats”.

The same Malaysiakini report also has it that Perak DAP chief Ngeh Koo Ham, in a written statement distributed to the press, contended that the Election Commission “was compelled by Article 113 of the federal constitution to conduct the by-elections pursuant to Article 36(5) of the Perak constitution”.

“Its refusal to do so would be a dereliction of its constitutional duties which is ultra vires. This shows clearly biasness,” Ngeh was quoted as saying.

In an earlier report of Malaysiakini, Election Commission chairman, Abdul Aziz Mohd Yusof, quoting the same Article 36(5) of the Perak state constitution, said that the Commission “does not have the power to invoke Article 36(5) of the constitution of the state of Perak to establish that there are casual vacancies for both the constituencies”.

I just pulled out my ‘Constitutions of the states of Malaysia’ and this is what Article 36(5) of the Perak constitution stipulates :

“A casual vacancy shall be filled within sixty days from the date on which it shall be established by the Election Commission that there is a vacancy…”

There is a rather lengthy proviso to this article but as it does not apply to the present factual scenario that presently confronts the people of Perak, I shall not reproduce the same here.

Whilst it does appear that it would be incorrect for the DAP men to contend that the Election Commission has no part to play in the ascertainment if there is a vacancy thus necessitating a by-election, I think there is validity in the criticism of YB Lim, as reported in the first Malaysiakini report linked above, that it is not the “business of the Election Commission to act and usurp the jurisdiction of the courts to dispute the speaker’s decision”.

What the Election Commission ought to have done, to place itself above criticism and the allegation of bias now thrown its way, is to refer the matter to court for a declaration if a casual vacancy has occured, given the competing claims, and the serious questions of fact and law involved in arriving at a determination of this issue.

In fact, another Malaysiakini report which lays out the Q & A session with the Election Commission chairman in the course of the press conference today, lends credence to YB Lim’s allegation of bias on the part of the Commission.

When asked by the reporter whether he had doubts over the two sets of letters ( the first set of letters of resignation sent in earlier, and the second where the two reps now say they have not resigned ), he replied : “You got two letters from two elected representatives and in the same breath you get another set of letters from same people. So how to make a decision? Because of the doubts created, we cannot make a decision to declare the seats as vacant. Therefore status quo remains”.

So status quo remains because the Election Commission cannot make a decision, or because the Election Commission has decided that status quo remains?

In fact, the Commission has made a decision : that there is no casual vacancy.

It means the Commission has decided to give effect to the second set of letters, and yet when asked by the reporter, the chairman confirmed that nether set of letters was given heavier weight and both were taken into consideration.

When asked whether the Commission would investigate the discrepancy between the two letters, he replied : “No, that is not our duty. Our duty is not to investigate. Based on the letters given to us we make the decision”.

When asked if the Commission would probe the matter further, he replied :

“No, as far as we are concerned, we got two sets of letters. One from the speaker and the other from the two assemblypersons. It is the commission’s responsibility to decide whether the seats are vacant or not.

Can you blame YB Lim?

Najib: We can form Perak government

"Cari rumah lain" - Jamaluddin

Mahathir is wary of PKR defectors

KUALA LUMPUR, Feb 4 — Former Prime Minister Tun Dr Mahathir Mohamad said it was not a good idea for Barisan Nasional (BN) to gain majority by bringing in people of poor quality.

He said this when ask to comment on the move by four assemblymen in Perak who left Parti Keadilan Rakyat (PKR) and DAP.

Jamaluddin Mohd Radzi (PKR-Behrang), Osman Jailu (PKR-Changkat Jering) and Hee Yit Foong (DAP-Jelapang) who is also state assembly deputy speaker have declared their intention to become independent representatives while Datuk Nasaruddin Hashim (Bota), who recently joined PKR, has returned to Umno.

Following this, the Pas-PKR-DAP alliance’s majority in the 59-seat state assembly drops from 32 to 28 while BN’s seats rose from 27 to 28.

This afternoon, Deputy Prime Minister Datuk Najib Tun Razak said that BN intends to form a new Perak government.

Dr Mahathir said: “Two people are accused of corruption. If you bring in corrupt people before they are found not guilty that is not going to improve the quality of the party. You want to accept people who want to jump into your party you need to know the quality of the person also.”

Jamaluddin and Osman have been charged with corruption and their cases are still pending in court.

Dr Mahathir also warned that if they were found by the court to be innocent after joining BN, people would say that there was manipulation of justice.

Pakatan plans mammoth gathering in Ipoh to rally support

IPOH, Feb 4 — Pakatan Rakyat (PR) is planning a mammoth public gathering in front of the Perak mentri besar’s residence tomorrow in what is surely the last throw of the dice to head off the formation of a new state government by Barisan Nasional (BN).

A new BN government is looking all but certain now after the defections of four assemblymen from the PR alliance in Perak today.

“We are trying to mobilise a crowd of over 50,000 people for tomorrow night.

“This will be the start of the public’s support for Pakatan Rakyat,” read a text message sent by an aide to Opposition Leader Datuk Seri Anwar Ibrahim tonight.

The plans for a mammoth rally come after a dramatic day where Mentri Besar Datuk Seri Nizar Jamaluddin tried to obtain consent from the Peral Sultan to dissolve the state assembly.

He failed to get an immediate answer from Sultan Azlan Shah.

But any plans to convince the state ruler with a public rally may well be moot if he consents to BN forming a state government tomorrow morning.

Deputy Umno president Datuk Seri Najib Razak, who is also Perak BN chief, is expected to be granted an audience by Sultan Azlan Shah tomorrow morning.

During the meeting, Najib will make the case for BN to form a new government to end the political uncertainties in the state.

Najib made the claim for the power grab today after announcing the state BN coalition now had 28 members of the state legislature, the same as PR, but it also had the backing of three independents whom are likely to join one of the parties of the ruling coalition soon.

If the Sultan does not give an immediate answer tomorrow, it will open the door for PR to use a public rally to try to convince the ruler to dissolve the assembly.

PR leaders feel that fresh elections will be their best bet for survival as they are confident of getting a convincing mandate from voters.

Nizar confident of 2/3 majority in snap polls, accuses Najib of using scare tactics

Clinging on...Perak Menteri Besar Datuk Seri Nizar Jamaluddin speaking to reporters at his residence tonight — Picture by Choo Choy May

By Shannon Teoh

IPOH, Feb 4 — Perak Menteri Besar Datuk Seri Nizar Jamaluddin is confident that a snap elections will see Pakatan Rakyat (PR) returned with a two-thirds majority in the state assembly.

He said that giving the sitting government a stronger mandate would be better than Deputy Prime Minister Datuk Seri Najib Razak’s suggestion of handing power over to Barisan Nasional (BN) which claims a three-seat majority, which he called an attempt to “scare people”.

“Najib just wants to scare people by showing that he will be unconstitutional,” said Nizar.

“We are confident that Perakians will give us more than two-thirds majority,” he added.

Nizar had earlier obtained an audience with the Perak Sultan to request for the dissolution of the state assembly given the uncertainty following PR’s loss of four assemblymen.

For now, Nizar said that the PR state government is a legitimate one as constitutionally, it can only be changed by a vote of no-confidence in the assembly or if the Sultan gives his consent to dissolve the assembly.

“Changing government is not like changing coffeeshops,” he quipped.

As for Najib’s suggestion that the PR government resigns, Nizar retorted that there was no constitutional clause to force it to do so.

Instead he called on Najib “as prime minister in waiting, to be fair and show justice” to the people of Perak.

He said that until then the PR state government would continue as usual and proceed with activities as planned, including the Sultan’s ongoing silver jubilee celebrations.

He also called BN’s move “unethical” as it was now welcoming Jamaluddin Mohd Radzi and Osman Jailu “who were charged by BN to be corrupt”.

PERAK SULTAN TO DECIDE FATE - CALL FOR FRESH ELECTION OR TO GIVE THAT COMMANDS THE MAJORITY

Datuk Seri Najib holding a press conference with the 'defected' Opposition leaders.
Letters of defection from the PKR and DAP lawmakers

The Perak State government under the Pakatan Rakyat coalition collapsed with the 'walk-out' of its 3 lawmakers, 2 from PKR and 1 from DAP, to the Barisan Nasional coalition.

The Mentri Besar of Perak had a 2 hour audience with the Sultan this evening to urge the Sultan to dissolve the State Legislative Assembly, paving the way for a fresh State elections.

In the meantime, at Putrajaya, Deputy Prime Minister Datuk Seri Najib Tun Razak at a press conference attended by the 3 'missing' Opposition lawmakers Hee Yit Foong(DAP-Jelapang), Jamaluddin Mohd Radzi (PKR-Behrang) and Osman Jailu (PKR- Changkat Jering) and Bota Assemblyman Datuk Nasarudin Hashim, informed that the Barisan Nasional is on its way to form the next State government and would meet the Perak Sultan of their intention since they command the majority.

The Perak State is in turmoil and from sentiments at the ground, the rakyat feel that the Sultan should call a fresh election to resolve this problem.

We need to wait and see the developments that follow.

Dissolve Perak State Assembly and hold state election

Perak Pakatan Rakyat Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin is to have audience with the Sultan of Perak to seek the dissolution of the Perak State Assembly and to hold state election.

Returning to the voters of Perak to seek a clear-cut mandate for the government of the state is the most honourable and democratic manner to end the political crisis in the state.

Malaysia's Opposition Faces Increasing Tension

Asia Sentinel, Feb 04 2009

A charismatic leader faces sexual perversion charges and a state coalition shows signs of coming apart.

Pakatan Rakyat, the unlikely opposition coalition that ended the Malaysian national ruling coalition's 50-year grip on absolute power last March, faces a series of tests to determine if it has the staying power to continue its challenge, with the apparent collapse of its majority in the northern state of Perak and the possible trial of its leader on sexual perversion charges.

In addition to Opposition Leader Anwar Ibrahim's troubles, the Pakatan coalition appeared about to be thrown out of power in Perak Wednesday after several state representatives quit the coalition amid rumors of defections of others, and the Barisan Nasional, the ruling national coalition, said it would seek to form a government in the state. In the tumultuous March 2008 election, Pakatan Rakyat won five state government majorities and the federal territory of Kuala Lumpur. Loss of the Perak government would be a major blow

In response, Mohd Nizar Jamaluddin, the Perak chief minister, told reporters he would consult with Sultan Aslan Shah in an attempt to block the Barisan and dissolve the state assembly as a prelude to calling a snap election. With the events that took place later in the day,it was unclear whether he would have the forces left to remain in power.

Najib Tun Razak, the deputy prime minister, held a press conference Wednesday evening to say that while the two opposing sides were tied 28-28 in the state assembly, he expected others to defect, and that the Barisan Nasional would seek to form a state government. The developments represent a singular triumph for the Barisan, after two demoralizing losses in by-elections -- one that brought Anwar to power, and a second loss in January in Kuala Terengganu.

The events started earlier this week, when two Perak state representatives, Jamaluddin Mohd Radzi and Osman Jailu, both of PKR, resigned from the coalition and Hee Yit Foong, a member of the Democratic Action Party, quit Wednesday. At best, the departure of the three would leave the coalition with a bare one-seat majority in the state assembly after 10 months in power in the state. With the rumored departure of others, it was becoming increasingly clear that the government was collapsing.

In addition, Anwar Ibrahim is due to go on trial on February 5, on charges of having sodomized a 23-year-old former aide, Saiful Bukhari Azlan, last July. It is the second such charge against Anwar, the first in 1998 after Anwar broke with Prime Minister Mahathir Mohamad, who sacked the then-deputy prime minister and finance minister and expelled him from UMNO. Anwar's subsequent sodomy conviction was later overturned after the current prime minister, Abdullah Ahmad Badawi, succeeded Mahathir, but not before Anwar had served six years in prison. Anwar was also jailed on corruption charges brought by Mahathir. Those charges were not overturned. Anwar and his followers have complained that both sets of charges were trumped up to attempt to end his once-promising political career.

Could the coalition recreate the victory in Perak? If they get the chance, as with everything in Malaysia, the state's racial composition will play a role. The state, once one of the world's richest tin-mining areas, has a population of about 2 million, with ethnic Malays in a thin majority of about 54 percent. Another 32 percent are Chinese and 13 percent Indian, both of which are likely to vote with the opposition parties.

Against this, there has been rising Malay irritation over what ethnic Malays see as too many favors being bestowed on the Chinese. In particular, Raja Nazrin Shah, the widely-respected crown prince, has spoken out against what many see as Chinese usurpation of sensitive Malay rights.

However, the ruling Barisan Nasional, the ethnic coalition that has run the country since its founding in 1959, faces at least as much trouble if not more. Its leader, Najib, who is due to step in after United Malays National Organization elections in March as prime minister, is unpopular among rank-and-file Malays, partly because he is tied to Badawi, who is widely viewed as having failed as prime minister, and partly because Najib has been at the center of a series of procurement scandals as defence minister, a post he gave up last year. There have also been repeated allegations that he was involved, peripherally or otherwise, in the murder of an attractive Mongolian translator, Altantuya Shaariibuu, in October 2006.

Two of Najib's bodyguards and his best friend were put on trial for the murder in one of the longest court cases ever conducted in Malaysia. The friend, Abdul Razak Baginda, who admittedly had been Altantuya's lover, was acquitted of ordering the murder in a decision that drew considerable criticism. The two bodyguards remain on trial. Shortly before the end of January, it was reported that Musa Safri, Najib's chief of staff, had told the bodyguards to "do something" about the 27-year-old woman, who by her own admission had been blackmailing Abdul Razak. However, neither Musa nor Najib has been asked to testify in the trial. In a procedural motion, the judge in the case refused to allow Musa's cautioned statement to be introduced into court testimony. On Wednesday, Siral Azhar Umar, one of the two bodyguards, broke down on the witness stand as he read his final 15-page statement over the case, pleading with the judge not to convict him as he was made a scapegoat to "cover up for certain parties." He did not name the parties.

The government has also been handicapped by a flagging economy and rising unemployment. The jobless rate is expected to double to 6 percent this year as the country's export-led growth could fall as low as 1.5 percent from 5.5 percent in 2008. As late as November, officials were predicting growth of about 5 percent. Intel recently closed its East Malaysia factory and furloughed 5,000 workers. Panasonic and others have also announced plant closures. Tens of thousands of foreign workers are expected to be sent packing although it is questionable whether Malaysians themselves will take the jobs.

In an effort to prime the pump, the government is expected to introduce a RM7 billion spending package at some point in February after a previous RM7 package in November, pushing up the government's budget surplus to as high as 7.4 percent of gross domestic product by 2010. Despite the rising deficit, the country's large current account surplus and foreign reserves supply a substantial cushion, however.

With UMNO split by factionalism as forces aligned with Najib and Badawi on one side joust for party seats with forces aligned with former Prime Minister Mahathir Mohamad, and party infighting on the increase, the government has been criticized for being too slow to implement spending projects that would produce jobs. There is also concern that the stimulus plan will be directed to UMNO cronies in an effort to shore up Najib's intra-party support, rather than being targeted to producing the biggest bang for the buck.

These issues are expected to play out in Perak, where the rich tin resource is long gone, and the economic downturn is expected to bite. With the opposition in control of the state and facing criticism for not doing enough to stimulate the economy, that is balanced by lack of enthusiasm for the national ruling coalition, which is regarded as ineffective as well.

In the meantime, Pakatan's three disparate parties – urban Malays vs. fundamentalist Malays vs. Chinese chauvinists on one side, and warring factions in UMNO plus the Malaysian Chinese Association, which was reduced to near irrelevance in last year's election on the other, Perak's politics look to be more than entertaining.

*******

A hollow victory for BN

By Baradan Kuppusamy, themalaysianinsider.com, Feb 04 2009

FEB 4 — The Pakatan Rakyat (PR) Perak government is all but gone after three PKR representatives and a DAP assemblyman defected, in a dramatic development that has shaken the alliance of PKR, Pas and DAP.

More defections from PR are still rumoured in the days ahead as a BN-controlled state government in Perak takes shape.

Other defection in other states also cannot be ruled out, political insiders said, adding the “coup” in Perak has generated a “take over” momentum.

The loss of Perak is a major boost for Umno and BN but it comes through unsavoury defections of elected assemblymen and without the participation of the people who had elected them.

In that sense the “capture” of Perak by BN is a hollow victory.

The people who voted for PR would likely remain loyal to the coalition because of the major changes the alliance had effected in the short 10 months they had ruled the state.

Their transparency, accountability and their emphasis on long neglected communities and the effort, fought by BN, to give freehold titles to new villagers had all endeared the PR coalition to the voters.

It would be an uphill task for the “unreformed BN” to emulate these measures while voters would be watching closely whether the BN returns to its “bad old ways” by undoing the changes.

Ironically, this is the very kind of hollow victory that the Pakatan Rakyat and its undisputed leader Datuk Seri Anwar Ibrahim and his allies in the DAP and PAS had spend a good part of their energies to engineer after winning big on March 8, 2008.

But the BN has managed to get ahead of them and pulled the carpet from under their feet, at least in Perak.

After such a dramatic change one cannot expect a newly-energised Umno and BN not to hunt in other Pakatan-ruled states for assemblymen to defect and stage a Perak-style coup.

For Najib the “coup” is a major personal victory as he prepares to take over from Prime Minister Datuk Seri Abdullah Badawi in March and stamp his mark on Umno and the country.

It is additionally sweet as he has upstaged his arch rival Anwar and at the latter’s own defection game.

The fact that Anwar’s buddy, Bota assemblyman Datuk Nasaruddin Hashim, rejoined Umno after defecting to PKR just 10 days ago is really an insult to democracy and parliamentary elections.

It is a bitter pill for Anwar to swallow and a major cause for embarrassment for PKR and their supporters.

It is also a bitter pill for the DAP which had fought long and hard to win Perak only to lose it within a year of victory.

There was deep shock and total silence at a gathering of DAP members here while they watched Najib’s press conference announcing the defections over television.

Next to him was one of their own — state assembly deputy speaker Hee Yit Foong, who is also Jelapang assemblyman.

Bitterness, and anger, was plainly written on their faces.

With the defections, the current seat distribution in the Perak state assembly is BN 28, Pakatan 28 and 3 Independents who are however expected to vote with BN on issues.

“BN has 28 seats, equal with Pakatan Rakyat but we have three extra who are friendly to Umno and BN,” Najib said.

Mentri Besar Datuk Seri Nizar Jamaluddin, who had an audience with the Sultan today, said he had requested for dissolution of the state assembly to pave the way for a new state election.

While the Sultan considers this request Najib said he would go to the Palace soon to announce that the BN has a majority and was ready to form a new BN government without fresh state elections.

It is likely that an emergency session of the State Assembly would be convened to take a confidence vote to confirm the majority and after that a new government would be formed.

The DAP has some soul searching to do — especially why Hee defected and whether the persistent infighting in the Perak DAP is a cause.

The political atmosphere in Perak remains highly charged and rumours of more defections — from both PKR and DAP — is still rife.

It is left to be seen whether the “new” BN government would really be new or a rehash of the old Umno-centred BN whose arrogance and highhandedness had alienated voters.

96% say BN will suffer in next GE: ntv7 poll

Malaysians do not seem to be amused by what is going on in Perak.

An SMS poll on ntv7 over its prime time 8.00pm news in English asked whether the Perak crisis would affect the BN’s performance negatively in the next general election.

The results revealed that 96 per cent of respondents said it would.

Malaysians are obviously aware of how the BN is subverting with the aspirations of the people. The BN will find that short-term political gains - achieved through such questionable means - will come at a heavy price in the longer term.

Uthayakumar says Hindraf is neither for BN or Pakatan

by Baradan Kuppusamy (The Malaysian Insider)

KUALA LUMPUR, Feb 3 — The undisputed leader of Hindraf and the Makkal Sakthi movement, lawyer Uthayakumar Ponnusamy says he is disappointed the five Pakatan Rakyat-ruled states have failed to do the things that Malaysian Indians had expected of them after the March 8 general election.

He also said that Umno and the BN were beyond redemption and he would not work with them.

He told this to The Malaysian Insider in an interview at the Jalan Duta court here today while waiting for his sedition case to be heard.

He said PR was not taking Indian problems seriously and that was because Indians as a political force were divided and fractured.

“They are everywhere (in different political parties) and so their force is diluted and their interest sidelined,” he said.

He said PR can with a “stroke of the pen” resolve the issues like giving land for temples, Tamil schools and crematoriums but they have not done so.

“They have become like the MIC...using the media to project themselves but in actual fact very few land allocation has been given out to Indians. They must step up their efforts, be more sincere and issue land titles as well, not just make stories in the Tamil newspapers,” he said.

He slammed Umno as beyond repair and labelled the party “anti-minorities” and promised that Hindraf or Makkal Sakthi will never co-operate with BN/Umno.

“We are independent...neither Pakatan nor BN,” he said adding however “everything” would be resolved after his release from ISA detention.

He said the solution for Indians is to unite but he firmly declined to confirm or deny whether a new political party headed by him is the ultimate solution.

“Wait still I come out, everything will fall into place,” a frail looking Uthayakumar said from the dock, his hands cuffed and watched over by at least a dozen police personnel.

Dressed in a white shirt, faded and torn black pants and bearded, Uthayakumar complained of complication from untreated diabetes — a swollen and scarred leg that, he claimed, can lead to amputation.

His lawyer M. Manoharan, the Teluk Intan MP, urged the judge to admit Uthayakumar to the private Gleneagles Hospital in Ampang but the court ordered police to take him to the nearest government hospital for an immediate check-up.

Sessions Judge Sabariah Othman then postponed the case to April 28 and Uthayakumar was taken to the Kuala Lumpur General Hospital for a check up.

He also said he has completed a book on the Nov 25, 2007 Hindraf rally that shook the capital and the political establishment which still “amazes” him.

“I am working on a second book about the political future of Malaysian Indians,” he said.

He remains confident that once he is released, the Indians would unify under one leadership and claim their rightful place under the Malaysian sun.

“Before Anwar was released from prison in 2004, the PKR and the opposition was fractured, disunited and infighting was common. But after he was released everything fell into place,” he said adding the same would happen when he is released.

His two-year detention under the ISA expires in December and he is hoping to be released then.

“Anyway they have to release me sometime,” he said.

Uthayakumar, detained in Kamunting under the Internal Security Act since Dec 13, 2007, was brought down from the Kamunting detention centre yesterday for the trial.

He is charged with sedition over a letter posted by Hindraf and addressed to British Prime Minister Gordon Brown highlighting marginalisation of Indian Malaysians in strong accusatory language.

The letter also sought the British help to move an emergency UN resolution condemning “ethnic cleansing” of Indians in Malaysia by Umno.

He was charged with sedition on Dec 11, 2007.

About 50 people gathered in court to lend moral support for Uthayakumar.

Making Sense Of The Perak Controversy

Before embarking on an analysis of the state of play in Perak, it would be of value to consider the objective facts:
  • two assemblymen signed undated resignation letters as a condition to their being nominated by their political party for a state election. For this, the party also gave them full support, financial and otherwise. They won their respective seats;
  • the undated resignation letters were submitted to the Speaker of the Legislative Assembly. The Perak Constitution allows members of the Assembly the option of resigning their membership “by writing under his hand addressed to the Speaker”;
  • the party opted to submit the resignations of the two assemblymen. It is not apparent what prompted this;
  • the Speaker has accepted the resignations and communicated the fact of the resignations to the Election Commission. The Speaker has taken the position and ruled for the purposes of the Assembly that the resignations have taken effect and by-elections be held. He will treat the assemblymen as no longer being members of the Assembly for the purposes of proceedings in the Assembly;
  • the two assemblymen dispute the validity of the resignation. They do not contend that the resignations letters were not under their hand. They contend that the resignations were procured through duress; and
  • the Election Commission has decided that the resignations are doubtful and as such not true resignations.
From the above, it could be said that the following questions arose when the controversy first erupted:
  • the legal value or validity of the resignations. There is no authoritative decision of the courts on this point. A 1982 decision of the then Federal Court (Datuk Ong Kee Hui) observed that such resignations could be viewed as being contrary to public policy in view of elections at both the State and Federal level being of individuals as opposed to political parties. A question of honoring the wishes of the electorate, that is the electing of the individual as opposed to the party, arises. The Federal Court did not decide on the point as the Member of Parliament concerned did not seek to invalidate the resignation nor had the Speaker been joined as a party. The point is as such open to argument; and
  • whether the resignation letters were procured under duress,
However, these questions have been overtaken by events, in particular the decision of the Speaker to accept the resignations and give effect to them. The Speaker may be wrong but until he is shown to be wrong through valid process – either in the Assembly (to the extent that such process is available) or through the courts – the Speakers decision must stand.

In this regard, the Election Commission is charged with the conduct of elections. It could be argued that in order to do so, the Election Commission must have the power to determine whether an Election is needed in the first place. Where State and Federal Elections are concerned, this is established by the dissolution of the Assemblies and Parliament respectively. However, where casual vacancies (through death, resignations or disqualifications) arise, the situation is more nuanced.

The Perak Constitution (Article 36(5)) provides that a casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy. Vacancies caused by death and disqualifications are easily established. Where the latter is concerned, the matter is decided by the Assembly itself, which in law is taken to have final say (save where there is a matter of legal interpretation).

In the ordinary course resignations are similarly uncomplicated; the Speaker receives the letter of resignation and communicates the fact to the Election Commission which establishes the vacancy based on the Speaker’s declaration. From this, it is apparent that the vacancy is established by reference to the position taken by the Speaker. This is consistent with the basic principle of parliamentary democracy that it is the Speaker that regulates the assembly.

The question that arises is therefore whether this process is derailed by a dispute as to the validity of the resignation. In my view, it should not be, and the Election Commission must act accordingly. I say this for two main reasons. First, the scheme explained above.

Secondly, it is not for the Election Commission to embark on a fact-finding or adjudicative process as, amongst other things, it does not have the power to do so. In denying the position the Speaker has taken, the Election Commission is in effect asserting that that the Speaker is wrong. The Election Commission cannot do so. If there is a question as to the correctness of the Speaker’s position, then it must be challenged through proper channels.

Seen from this perspective, this unprecedented and very curious action of the Election Commission regrettably raises questions as to its motives. It must be taken to appreciate the precarious position it has left Perak in, one which looked upon objectively appears to have been made more accommodating to the machinations of the Barisan Nasional. I note that by-elections would be inconvenient for UMNO which is scheduled to have its assembly in March. It is as such open to question as to whether the Election Commission has conducted itself in the independent manner the Federal Constitution requires of it.

Where this leaves the Perak Government is an open question. It could seek a ruling of the Court as to the correctness of the decision made by the Election Commission and an order to compel the latter to conduct the by-election. This would be a time-consuming affair and occasion a delay that can only work against the interests of the State. The razor thin margin is undermining of stability and it is more probable than not the attention of those who make up the State government would be focused more on preserving their government than the affairs of the State.

The Election Commission’s stance and the underlying events would afford sufficient cause for the Menteri Besar to request that His Highness the Sultan dissolve the assembly and call for fresh elections. All things considered, this may be the best way to protect the interests of Perak. In these difficult times, governments should be focused on what needs to be done rather than politics.

(Malaysian Insider; 4th February 2009)

SPR Tidak Profesional

–KENYATAAN MEDIA UNTUK EDARAN SEGERA–
4 Februari 2009

SPR Tidak Profesional

Keputusan Suruhanjaya Pilihanraya (SPR) bahawa tiada pilihanraya kecil di dua Dewan Undangan Negeri (DUN) di Perak adalah tidak profesional dan jelas memperlihatkan wujudnya campurtangan politik daripada pihak atasan kerajaan.

Keputusan ini sengaja dibuat bagi membolehkan dua Ahli DUN dari Parti Keadilan Rakyat (KeADILan) sertai BN tanpa perlu melalui pilihanraya kecil.

Tugas sebenar SPR adalah mengadakan pilihanraya kecil secara profesional selepas menerima surat daripada Yang Dipertua DUN Perak yang memaklumkan bahawa kedua-dua ADUN Changkat Jering dan Behrang dari KeADILan telah meletak jawatan.

Keputusan Yang Dipertua DUN Perak adalah muktamad dalam perkara ini iaitu kedua-dua kerusi DUN tersebut dikosongkan ekoran perletakan jawatan ADUN Changkat Jering dan Behrang pada Ahad lalu.

Maka SPR tidak wajar membuat pengumuman tersebut kerana kedua-dua orang itu bukan lagi wakil rakyat, apatah lagi keputusan tersebut dibuat hanya kerana mendakwa menerima surat penafian perletakan jawatan daripada mereka.

DR SYED HUSIN ALI
Timbalan Presiden
Parti Keadilan Rakyat

Silap Mata Ini Mainan Siapa?

Suruhanjaya Piliharaya (SPR) hari ini mengumumkan kerusi Dewan Undangan Negeri Behrang dan Changkat Jering tidak dikosongkan, oleh itu perletakan jawatan kedua-dua Adun tersebut tidak sah. Tindakan SPR ini menimbulkan persoalan undang-undang yang besar implikasinya, kerana kuasa mengisytiharkan pilihanraya kecil ada di tangan Speaker Dewan Undangan Negeri Perak.

Saya berpendapat kuasa untuk menentukan kesahihan surat tersebut bukanlah di dalam bidangkuasa SPR bahkan ianya harus dirujuk ke mahkamah. Kuasa SPR hanya untuk memastikan kelicinan perjalanan proses pilihanraya. Mengapa harus SPR melanggar batas bidangkuasa yang dimiliki Speaker DUN Perak? Malah ada pengkaji dan pengamal undang-undang menganggap keputusan SPR bercanggah dengan Perlembagaan Persekutuan.

Nyata sekali Datuk Seri Najib akan menghalang pilihanraya diadakan kerana bimbang dengan kemaraan rakyat.

Apa penyudah sebalik semua ini?

Mungkin hanya tok dalang yang pandai bermain silap mata dengan menghilangkan orang tanpa dikesan mampu menjawabnya.

ANWAR IBRAHIM

LOMPAT MELOMPAT


1. Saya kembali ke tanahair dari Djibouti dan mendengar berkenaan Ahli Yang Berhormat UMNO Perak keluar parti dan masuk Keadilan (PKR).

2. Kemudian saya dengar pula dua orang ahli PKR hilang. Bila mereka dijumpai cerita yang didengar ialah mereka sudah keluar daripada PKR.

3. Dan banyaklah berita angin berkenaan ahli-ahli Yang Berhormat yang akan lompat dari parti ke parti.

4. Dahulu UMNO dan Barisan Nasional telah cuba sekat kejadian lompat melompat dengan mensyaratkan tiap calon tandatangan surat letak jawatan sebagai ahli Yang Berhormat tanpa tarikh. Kononnya jika setelah jadi ahli Yang Berhormat mereka ingin lompat masuk parti lain maka surat letak jawatan yang telah di tanda tangani oleh mereka akan dihantar kepada Speaker (Tuan Yang di Pertua Dewan) dan dengan itu akan terlucutlan anugerah Yang Berhormat mereka.

5. Malangnya perbuatan ini didapati tidak sah daripada segi undang-undang. Jika mereka ingin keluar daripada parti maka mereka sendiri perlu keluarkan surat yang diperbuat oleh mereka dan ditandatangani oleh mereka pada ketika itu untuk disampaikan kepada Tuan Speaker.

6. Saya percaya surat yang diperbuat oleh mereka tanpa tarikh dahulu akan ditolak oleh Tuan Speaker. Oleh itu mereka akan kekal sebagai Ahli Dewan walaupun mereka lompat ke parti lain atau mereka akan jadi ahli bebas.

7. Presiden UMNO berkata UMNO sedia untuk menerima siapa sahaja untuk menjadi ahli. Ini memanglah dasar parti. Tetapi kedua-dua ahli yang ingin keluar dari PKR ini mempunyai masalah. Mereka dituduh terlibat dengan rasuah seks.

8. Apakah UMNO begitu terdesak sehingga tidak dapat tunggu keputusan mahkamah berkenaan tuduhan terhadap mereka sebelum menerima mereka? Jika diterima sekarang dan kemudian mereka didapati tidak bersalah maka Kerajaan pimpinan UMNO (lebih kurang) akan dituduh mempengaruhi mahkamah. Benar tidak benar bukan soalnya. Pada pandangan masyarakat tuduhan ini tetap akan dipercayai. Ia akan punyai kesan dalam PRU13.

9. UMNO sudah dianggap bergelumang dengan rasuah, selalu mungkir janji, mengutamakan kroni Perdana Menteri di Terengganu. Jika kepada semua ini ditambah pula dengan penerimaan orang yang dituduh melakukan rasuah seks, imej UMNO akan jadi lebih buruk.

10. Dato Abdullah Presiden UMNO, fikir dahulu sebelum beria-ia nak terima orang yang seperti ini.

___________________________________________________________________________________________
Rasuah UMNO

1. Semasa bahagian-bahagian UMNO sedang menamakan calon untuk jawatan-jawatan parti, terdapat laporan bahawa Jawatankuasa Disiplin telah terima lebih daripada 900 aduan berkenaan dengan rasuah.

2. Tetapi hingga kini tidak ada apa-apa pun berita tentang tindakan yang telah diambil oleh Jawatankuasa Disiplin atau mana-mana pihak.

3. Sekarang kita dengar cerita lain pula. Wakil-wakil Bahagian yang akan hadir Mesyuarat Agong pada bulan Mac sudah pun ditentukan oleh bahagian-bahagian. Mereka terdiri daripada ketua bahagian, timbalan ketua bahagian, naib ketua bahagian, ketua wanita, ketua pemuda dan ketua puteri serta tujuh orang yang dipilih dalam mesyuarat bahagian yang lalu. Jumlah 13 orang semuanya.

4. UMNO mempunyai 191 bahagian, bermakna jumlah wakil ke Mesyuarat Agong adalah seramai 2,483 (jika tiada bahagian yang digantung) + ahli Majlis Tertinggi.

5. Sasaran rasuah ialah kepada 2,483 wakil ini. Saya dengar (tetapi saya tidak percaya) sudah ada calon bagi jawatan tertentu yang sudah beri elaun bulanan kepada sebilangan besar daripada wakil-wakil bahagian ini. Bahagian mereka mencalon calon-calon tertentu tetapi yang akan undi dalam Mesyuarat Agong ialah perwakilan. Dan mereka yang dapat elaun mungkin (mungkin sahaja) akan undi calon yang memberi elaun kepada.

6. Jika yang menang adalah orang yang menghulur rasuah maka UMNO akan dipimpin oleh perasuah.

7. Dan Kerajaan Malaysia dan Kerajaan Negeri akan dipimpin oleh perasuah selepas Pilihanraya Umum ke 13 jika Barisan Nasional menang. Dan pemimpin jenis ini akan sauk duit Kerajaan dan duit siapa sahaja yang berurusan dengan Kerajaan.

8. Saya telah berbual dengan beberapa orang yang tidak berparti dan juga yang berparti. Pendapat mereka semuanya sama - mereka tidak ingin diperintah oleh Kerajaan pimpinan perasuah.

9. Saya tanya jika tidak ingin apakah yang mereka boleh buat?

10. Mereka akan perhati dengan teliti pemilihan pemimpin UMNO bulan Mac ini.

11. Jika perwakilan UMNO memilih orang yang diketahui umum mengguna wang untuk dapat undi dan menjadi pemimpin UMNO mereka akan tentukan UMNO dan Barisan Nasional akan kalah Pilihanraya Umum ke-13.

12. Bolehkah mereka berbuat demikian? Jawab mereka lihat sahaja keputusan Pilihanraya Umum ke-12. BN kalah di lima buah negeri dan tidak dapat 2/3 di Parlimen kerana mereka memberi undi mereka kepada parti lawan.

13. Undi mereka, kata mereka adalah undi penentu. UMNO tidak boleh menang kerana undi ahli-ahli UMNO sahaja. UMNO perlu undi pengundi yang bukan ahli.

14. Kata mereka bukan sahaja yang bebas tidak akan beri undi pada calon pilihanraya UMNO, tetapi ramai juga ahli UMNO yang kecewa kerana kelakuan ahli dan pemimpin UMNO yang tidak akan mengundi calon UMNO dan BN. Mereka yakin kalau mereka percaya pemimpin UMNO yang dipilih Mac ini adalah perasuah, mereka akan tentukan UMNO akan kalah Pilihanraya Umum ke-13.

15. Pendapat ini disuarakan juga oleh orang Cina dan India. Kalau yang akan pimpin UMNO lepas Mac ini adalah yang terkenal mengguna wang untuk jadi ahli Majlis Tertinggi UMNO, mereka juga akan undi parti lawan.

16. UMNO tidak perlu ambilkira pendapat mereka ini. Bukankah UMNO parti yang terkuat di Malaysia? Takkanlah UMNO boleh dikalahkan!

BN Ready To Form New Government In Perak, Says PM

PUTRAJAYA, Feb 4 (Bernama) -- The Barisan Nasional (BN) is ready to form a new government in Perak following four assemblymen in the state quitting their parties to support the BN, said Prime Minister Datuk Seri Abdullah Ahmad Badawi.

"We wish extend our thanks if they have taken the decision to state their support for the BN, the BN accepts and we say thank you," he told press conference here Wednesday.

The four are the assemblymen for Behrang and Changkat Jering, Jamaluddin Mohd Radzi and Mohd Osman Jailu respectively from Parti Keadilan Rakyat (PKR), Jelapang assemblywoman Hee Yit Foong from DAP, and Bota assemblyman Datuk Nasaruddin Hashim who joined PKR 10 days ago but returned to Umno today.

"If we (BN) have the numbers, of course we will take the step (to form the new government)," said Abdullah, who is also BN chairman, when commenting on the BN having a simple majority to replace the Pakatan Rakyat government in Perak following the development.

With this latest development, the BN now has 28 seats in the state assembly, Pakatan Rakyat also 28 and independents three seats.

Deputy Prime Minister Datuk Seri Najib Tun Razak at a separate press conference earlier today, had said that although the BN had the same number of seats as the Pakatan Rakyat, it could form the government in Perak because the three independents had stated their support for the BN including in the choice of Menteri Besar from among the BN assemblymen.

On whether BN would consider holding a snap election in Perak, Abdullah said this came under the powers of the Sultan of Perak.

However, he said, Najib would be seeking an audience with Sultan Azlan Shah of Perak to inform the Sultan that the BN now had the majority in the State Legislative Assembly.

Asked if the BN would move a vote of no confidence in the present government, Abdullah said it had not been decided yet but remained an option.

Asked if the people of Perak would accept the BN re-administering the state, he said it was up to them.

He, however, believed what was more important for the people of Perak was having a government that could provide stability and progress.

Asked if the matter of the Behrang and Changkat Jering assemblymen who are facing charges of corruption would affect the image of Umno, he said so far they had not been found guilty.

Asked further if the BN had a candidate in mind for the Menteri Besar post in Perak, Abdullah said : "Be patient".

Earlier, Abdullah had spoken to a group of civil servants on the importance of being delivery-oriented especially in the uncertain economic situation now.

He said the people were counting on civil servants to be the main facilitators to stimulate the economy.

"If before we have rose up to the challenge, why not now," he said.

However, Abdullah said all parties including administrators and leaders must work together in facing the current challenges.

-- BERNAMA