Friday, February 20, 2009
Circumstance of Death
R. Dilip Kumar
19 Feb 2009
|6 suspected as armed robbers were shoot dead by police, none of the persons that were shot survived to be arrested...charged and tried.
What are the chances that all the 6 men are killed in the shooting?
Odd, that not a single policeman seem to have suffered any injury by reason of being shot...although they say that the 6 shot at the police...
8 policeman and 6 allegedly suspects in shoot-out, all 6 dies, and not a single police officer killed or sustained any bullet wound.
This incident needs some serious investigations?
Were the police targetting areas of the victims bodies that will cause death - or were they trying to just shoot, injure them and arrest them?
Why did this incident involve '... CID officers and personnel from Bukit Aman, Penang, Perak and Kedah...'. Why was it not just a group of police from Kedah ...and maybe Penang?
Were the 'specialists' brought in to do this arrest...or maybe just do them all in? Serious questions that need answers.
There must be comprehensive investigation done NOW - and it will be interesting to see where the police bullets landed.
After killing 6 of them, it is very very wrong for the police to make allegations or implications that these were 'very bad people' - i.e. robbers, ' high on the police’s wanted list for the past two years', and “They were part of a group with links to the notorious ‘Gang 8’ that was actively involved in criminal activities in Kulim."
The dead cannot defend themselves - and the Malaysian public should not blindly accept what the police says about these victims.
Interestingly, it happened in Kedah... (the place where there will be a by-election soon)
Interestingly, the 6 who were shot dead by police were all Indians - and Indians make up a significant percentage of voters..
Putting aside the by-elections, I wonder when we will see an end to these 'shoot to kill' incidents. Why were they killed? Was it accidental or was it intentional?
Were the pistols really seized from the robbers, now dead, and who cannot even dispute the police version of events.
Was the whole action of the police recorded?- Maybe that should become standard procedure. Then, we could always look at the recordings, and decide whether it was as the police said it happened. Whether the police used reasonable efforts to apprehend the 6 suspects alive?
HINDRAF condemns the latest killing of the six Malaysian Indian suspects in their own house.
The Home Minister and its running dog PDRM are issuing statements akin to the prosecutor and judge on the suspected criminals in justifying their killing of the suspects. Maybe Malaysia should do away with the AG's office, the judiciary and the Criminal Justice system as everything can be decided by the Home Minister and PDRM.
The bizarre thing in this whole incident is all the six males were killed and none of the police officers were injured and four women were apprehended. Bearing the recent torture on Prabhakar by the police force, the death of A. Kugan in police custody, the government's and the police's integrity and transparency is highly questionable as they continue their extra judicial killing of Malaysians in particular of Indian origin.
Bernama - When the policemen barged into the house and introduced themselves, six men between the age of 20 and 50, fired several shots at them and, in defence, the police fired back and the shots hit the six suspects,". State police chief Datuk Syed Ismail Syed Azizan further told reporters here today that "police searched the house", which was recently built, and found two pistols - a Smith & Wesson 9mm with seven rounds of ammunition and a .38 revolver with five rounds of ammunition".
The above statement clearly shows the inconsistency, cover up and lie that PDRM keeps feeding the public to maintain a police state "status quo" for the UMNO led government in regression of a democracy state.
HINDRAF call's upon conscience and responsible MPs to immediately table a motion in Parliament to set up an independent investigative body to conduct forensic and coroner's report in this killing to ensure transparency and accountability of the police force.
If the government fails to conduct such an independent enquiry, it will only further erode the confidence of the public in the integrity and independence of the police force in continuous wayward ways of conducting extra judicial killings of the Malaysian Indians today in and outside custody and that may befall other Malaysians in the future.
It is high time, with the current rate of extra judicial killing that is taking place in police custody and trigger happy police force with shoot to kill intention, that the IPCMC is implemented as soon as possible as an external monitoring mechanism into police abuses of power that would be good for both the police force and the country.
I urge the public to pressure their respective MP's in ensuring the above to preserve the democracy state of the nation and stop it from becoming a total police state.
P. Waytha Moorthy
Hindraf – ChairmanCurrently in Brussels (Belgium)
Saya hanya tersenyum simpul apabila membaca berita mengenai keputusan Persatuan Kerabat Di Raja Kedah (PKDK) yang mencadangkan agar Pengerusi DAP, Karpal Singh diharamkan daripada menjejaki kaki ke Perak kerana kebiadapannya terhadap Sultan Perak.
Karpal dikatakan menderhaka kerana ingin mengheret Sultan Perak ke mahkamah berikutan langkah baginda enggan membubarkan Dewan Undangan Negeri (DUN) Perak.
Tetapi bukan Karpal sahaja yang berpandangan demikian. Bukan Karpal sahaja yang berpandangan bahawa langkah Sultan Perak enggan membubarkan DUN adalah kurang bijak. Berdasarkan sembang-sembang di warung, kantin pejabat dan pasar, kebanyakannya memberi pendapat yang sama dengan Karpal, cuma pendapat mereka tidak pernah disiarkan. Jika disiarkan pasti mereka juga dianggap penderhaka, bahaya!!
Begitu juga jika diperhatikan pandangan pemilik blog dan komen-komen yang menyusulinya, kebanyakannya memberi pandangan yang hampir sama dengan Karpal. Jadi logiknya, pemilik-pemilik blog dan mereka yang memberi komen sedemikian adalah juga penderhaka dan oleh itu patut diharamkan dari menjejaki Perak.
Hari ini penganalisis politik dan pensyarah kanan Jabatan Pengajian Media Universiti Malaya, Prof Madya Dr Abu Hassan Abdullah memberitahu kajian yang dibuatnya terhadap penduduk negeri Perak mendapati kebanyakan rakyat Perak mahukan DUN dibubarkan. Jadi jika mengikut logik yang sama, Prof Madya itu juga adalah penderhaka dan dan oleh itu patut juga diharamkan dari menjejaki Perak.
Hari ini juga Merdeka Center mengumumkan bahawa berdasarkan kajian pendapat umum yang dibuat di Perak mendapati 74% daripada rakyat Perak mahukan DUN dibubarkan. Jadi jika mengikut logik yang sama 74% rakyat Perak adalah penderhaka Sultan dan oleh itu perlu dibuang negeri! Penduduk Perak kini berjumlah 2.2 juta orang. Jika 74% penduduk Perak adalah penderhaka bermakna bilangan penderhaka yang mendiami Perak kini adalah seramai 1.63 juta orang!
1.63 juta orang bukanlah satu bilangan yang sedikit. Jika hendak dibuang negeri ke semua mereka, lokasi yang sesuai perlu dicari. Mereka tidak boleh dibuang ke Perlis negeri kecil yang hanya mempunyai penduduk seramai 0.22 juta orang itu. Jika dibuang ke Perlis, pecahlah negeri kecil itu untuk menampung 1.63 juta penduduk Perak yang menderhaka itu. Negeri yang paling sesuai dibuang negeri untuk penderhaka-penderhaka ini ialah negeri-negeri jiran seperti Selangor, Pulau Pinang dan Kedah. Tapi Selangor dengan penduduk seramai 4.5 juta orang dan Pulau Pinang dengan 1.42 juta penduduk kelihatan tidak sesuai untuk maksud itu kerana sudah terlalu padat untuk diduduki. Mungkin negeri yang paling sesuai ialah negeri-negeri yang bersaiz besar tetapi penduduknya tidak begitu padat seperti Kelantan yang hanya mempunyi 1.45 juta penduduk dan Pahang yang mempunyai 1.37 juta penduduk.
Satu lagi persoalan, jika 74% rakyat Perak telah dibuang negeri, mampukah baki penduduk Perak yang tidak menderhaka seramai 570,000 itu membangunkan negeri mereka? Khuatir pula, selepas 1.63 juta rakyat Perak diusir, negeri Darul Ridzuan itu akan menjadi sepi dan pembangunan terbantut. Tiadalah lagi rakyat untuk meramaikan pesta karut Jom Heboh dan Tok Mufti pun tidaklah perlu membazirkan masa berharganya untuk membuat fatwa yang tidak dipatuhi!!
Oleh: pendikar gunung kriang
I'm writing ‘in memory’ of P Uthayakumar, a true Malaysian hero who fought for human rights during his incarceration under the draconian ISA He was slowly tortured to death by the police, aided by doctors who should have acted on Uthaya's behalf.
The death of Uthaya is as much murder as the death of A Kugan. Uthaya was held by the police under physically poor conditions and deprived of medicine, proper medical care and a proper diet.
The doctors were grossly negligent and failed to give Uthaya a proper standard of care. Any medical officer knows enough about diabetes to properly care for someone such as Uthaya. High blood sugar makes even small wounds have the potential to cause serious infections.
What Uthaya needed was urgent surgery and antibiotics, However, his ill health before his death could have been avoided by a proper diet, medication and proper medical treatment.
The doctors concerned should have their annual practising certificates withdrawn. The Malaysian Medical Association and the Malaysian Medical Council should act swiftly as allowing wilfully negligent doctors to continue to practise medicine will seriously erode public confidence in the medical profession.
Doctors are expected to be moral and have the interest of the patient in mind. The way the doctors behaved in the case of Uthaya is grossly immoral.
Well, allow me to clarify that Uthaya's not dead yet, but he will be soon. His necrotic toe will soon be gangrenous, then his leg will be infected and he will develop sepsis (a generalised blood infection). He will then develop kidney failure followed by heart failure and his death will be said to be due to a heart attack.
Although the death certificate may give the cause of death as a heart attack (or some other cause), the true cause will be total body system failure (brain, liver, kidney, lung, etc.) due to exacerbation of his diabetes by the manner in which the police and doctors treated him.
Why are the Hindraf leaders under ISA? The government fears them very, very much. Here's why: The Indians are a downtrodden marginalised minority. If the indians are permitted to revolt, other ethnic communities will realise that if the Indians (with everything stacked against them) can do it, then they (other ethnic groups) can do it too.
Once much of society feels it's time to revolt to take back the civil rights the government has taken away, the government will swiftly fall. That is why the Hindraf leaders are under the ISA.
Diabetes is not a death sentence if properly treated. With proper control of blood sugar, a diabetic can have 30-40 years of good health before serious complications occur, chiefly eye and heart
problems. The loss of toes and legs can be avoided by proper control of blood sugar.
However, diabetes makes infections harder to defeat. Infections raise blood sugar in diabetics.
Both infection and blood sugar can quickly spiral out of control in a diabetic. An all too common scenario for diabetics is high blood sugar, infection, blood sugar increasing and the infection becoming worse.
Urgent medical treatment is required to treat both the blood sugar and the infection. If treatment is absent, delayed or insufficient, blood sugar and the infection spiral out of control, the person goes into coma, their kidneys fail and their heart struggles because of the kidney failure.
The heart can't cope, their lungs fill with fluid and the heart is further over-stressed by the lack of oxygen and the struggle to pump blood. A heart attack ensues.
Although the death certificate can say heart attack is the cause of death, it's actually fluid in the lungs, kidney failure, sepsis and high blood sugar that killed the person.
In the case of Uthaya, as in so many other cases, death as an outcome of infection in a diabetic is an avoidable death, if proper treatment is given early enough.
Any surgery has risks. Uthaya, in his weakened state and with his diabetes (poorly managed diabetes, because of how the police treat him), would face more severe risks than usual.
It's possible Uthaya could die during surgery or during the recovery period after surgery.
Whether Uthaya survives or not or has his leg amputated (an amputation that could have been avoided by prompt and proper treatment including being warded in hospital, infusion of antibiotics, treatment of toe or amputation of toe) he is a true Malaysian hero, struggling for the civil rights for all Malaysians, their children and grandchildren.
Uthaya is trying to create a Malaysia that will be a better place for all, not just Indians.
How a society treats it's less fortunate members (the old, sickly, mentally ill, poor, uneducated, handicapped) is one way to measure how civil a society is. How a society treats it's critics, it's dissidents, is another measure of how civil (and democratic) a society is. Malaysia thus measured ranks poorly compared to many countries. Malaysia is much better than some countries on this issue, but that is more because those countries are so abysmal rather than because Malaysia is liberal. Malaysia, in reality, is not liberal.
Social ills won't be solved by pretending they don't exist or by jailing those who point out their existence. Social ills can be solved only when the government takes an active role in supporting those persons who are trying to solve these social ills.
Why is the government acting as it does, against it's own citizens and against vulnerable defenceless members of society? Do the people in government really want a society where women are raped and trafficked and marginalised, a society that treats the wealthy with respect and the poor and handicapped with disdain?
Maybe they do want that, maybe they think they are never going to be raped or handicapped or poor, so it does not apply to them. If so, they don't realise they are just one slip in the shower or one road accident or one stroke or any other human malady away from being handicapped.
As for being poor, with the economy declining, unemployment and inflation increasing, the value of their money will drop and although they may not become very poor or homeless, their lifestyle will certainly be affected. They will get at least a little taste of what being poor means.
To them it will mean deciding where and for how long they go on holiday or do they buy a Mercedes or a Toyota. But they won't really know what a poor person experiences. A poor person daily has to make choices such as do they buy food or clothes and walk a long distance to work or do they spend the money on taking a bus.
The government will have the support of the rakyat only when the government shows it truly understands the needs and aspirations of the rakyat and truly helps the rakyat. The rakyat are not stupid, they know the difference between words and actions and see that the present government talks a lot and promises much but delivers little.
Worse still, the present government actively acts against the needs and aspirations of the rakyat. The rakyat understands that the present government is not good for them as can be clearly be seen by the votes in the last general election and recent by-elections.
By Neville Spykerman-The Malaysian Insider
SHAH ALAM, Feb 20 — Selangor senior executive councillor Teresa Kok said the ongoing corruption investigation on the Selangor Menteri Besar appears to be politically motivated and smacks of double standards.
"The whole episode seems to be linked to the political situation in Perak where the Barisan National (BN) is being frustrated by a political impasse of its own doing." Said the Teratai assemblyman.
She also suggested that it had something to do with opposition leader Datuk Seri Anwar Ibrahim's revelation in Parliament yesterday about the tactics used by BN to coerce and induce Pakatan Rakyat (PR) elected representatives to switch camps.
She said the fact that the Malaysian Anti Corruption Commission (MACC) moved with such speed on what may be, at most, a minor technical infarction leads one to wonder about the purported independence and fearlessness of the body.
Meanwhile Khalid's lawyer Sankara N. Nair said he regretted the statement released by the MACC chief Datuk Seri Ahmad Said Hamdan where he indicated there was strong evidence on the misuse of power by his client.
He said previously it was the norm for the MACC not to issue statements about the culpability of a person being investigated.
"It is quite disturbing the MACC has, in this instance, in respect of my client, being an opposition politician, is singled out to look "guilty" in the eyes of the public before he is charged or convicted in court."
Sankara questioned why Ahmad Said prejudged his client and urged the MACC to act professionally.
He added that he has advised Khalid to refrain from making any statements on the matter as he is the subject of investigations.
In a written statement to the Press, Khalid said he is aware that of the ongoing MACC investigations and all further comments on the matter would be made by his lawyer.
Meanwhile Selangor BN and Umno chairman Tan Sri Muhammad Muhammad Taib said it was up to the MACC and the Attorney General to take the necessary action against Khalid.
The Rural and Regional Development Minister declined to comment further.
By Shannon Teoh-The Malaysian Insider
IPOH, Feb 20 — In yet another twist to the Perak political crisis, it is Perak Menteri Besar Datuk Dr Zambry Abdul Kadir’s turn to defy “orders”. He said he will defy Speaker V Sivakumar’s suspension order and attend the next assembly sitting.
Calling the hearing held before the state assembly’s rights and privileges committee a “kangaroo court”, he maintained that Sivakumar had no jurisdiction to suspend him unilaterally for something which happened outside the assembly.
“He suspended me under Section 72 of the Standing Orders but it says you must bring your report and recommendation to the assembly for it to decide,” he said.
“The appointment is not by the Speaker but by the Sultan. This is an implied challenge to the powers of the Sultan,” Zambry said in an exclusive interview with The Malaysian Insider this afternoon.
Two days ago, Sivakumar, as chairman of the rights and privileges committee, decided that Zambry and his six exco members would be suspended from attending the assembly for 18 and 12 months respectively for contempt of the assembly after they accepted their “unconstitutional” appointments and were sworn into office.
The move added yet another complication to the constitutional crisis that has gripped the Silver State after Barisan Nasional (BN) initiated a power grab on Feb 5.
If the decision is upheld, then Pakatan Rakyat (PR) could ostensibly win a confidence vote in the assembly as BN would be down to 21 members which would lose out to PR’s 28 even if the three “independent” candidates were allowed to attend to cast their support behind BN.
“I will attend the assembly, that is quite clear, and I will exhaust all legal avenues,” he declared, adding that he was still consulting his legal advisors.
Zambry also said that Sivakumar had behaved unfairly during the inquiry.
Displaying the letter sent by Sivakumar and his own affidavit that he prepared, he said that the claim by the Speaker that he “had not provided any explanation for his actions which was in contempt of the assembly” was a “lie of the most serious nature committed by the Speaker”.
“He just asked me to answer the charge with a yes or no. But I had prepared preliminary objections against the charge. It was like a kangaroo court,” he said.
The Pangkor assemblyman said that while some had advised him not to pay heed to the Speaker’s summon since BN was now the legitimate government, he had decided to present himself out of “respect to the institution” of the Speaker.
But he said that Sivakumar, who is DAP’s assemblyman for Tronoh, had acted “unethically”.
By Adip Zalkapli-The Malaysian Insider
KUALA LUMPUR, 20 — Perak DAP chief Ngeh Koo Ham accused Datuk Seri Abdullah Badawi of being in contempt of the Perak state assembly privilege committee because the prime minister had admitted asking Perak menteri besar Datuk Zambry Abdul Kadir to defy his suspension.
Perak Speaker V Sivakumar has suspended Zambry and the entire state executive council from the assembly for between 12 and 18 months, in the latest development of the Perak constitutional crisis.
Ngeh alleged today that Abdullah had broken the law when he asked Zambry to lodge a police report against the speaker, as he argued such an act contravened Section 3 of the Perak Legislative Assembly (Privileges) 1959.
According to him, the section states that no member of the legislative assembly, which also includes the speaker, shall be liable to any civil suit or criminal proceedings, arrest, imprisonment or damages for anything done or said by them in the state assembly or any committee.
“It is totally disappointing to note that our prime minister has asked Zambry to defy the law,” Ngeh said in a statement to the media.
“The Perak assembly speaker and the privilege committee make their decisions based on the Perak state constitution and the laws governing them.”
“When is Pak Lah and BN going to respect the law of this land? To BN only BN can rule and not others,” said Ngeh.
“So they use all ways and means to frustrate the Perak Pakatan Rakyat government. Laws only apply to others and not to BN. I call on all parties to uphold the rule of law in this beloved land.”
He added that action could be taken against Abdullah.
Sivakumar announced the suspensions Wednesday after the special privileges committee found them guilty of contempt of the assembly.
Zambry has disputed the suspension, saying that he had provided an explanation regarding the complaint filed against him and his councillors.
By Adib Zalkapli-The Malaysian Insider
KUALA LUMPUR, Feb 20 - Investigators confrimed today that Hilmi Malek, the ex-boyfriend of Selangor state executive councillor Elizabeth Wong, is a suspect in the probe into the circulation of her naked photographs.
“The police have yet to contact the former boyfriend to record his statement to assist in the investigation as he is believed to be overseas,” city police chief Datuk Sabtu Osman said today.
Sabtu said that the police would only ask for Interpol’s assistance if it fails to locate Hilmi.
On Wong’s statement yesterday that more of her private pictures would surface, Sabtu said the police were not aware of such photographs..
“Only two photos from CD,” he said referring to the copy given by newspaper jornalists.
Sabtu also denied rumours they had arrested two suspects over the circulation of Wong’s naked pictures.
He said two Malay Mail reporters were called in last night to have their statements recorded.
“The police only recorded statements from two Malay Mail reporters on Feb 19 at 8.30pm at Petaling Jaya police headquarters. The statement was taken by the previous investigating officer,”said Sabtu in a prepared statement.
He urged the media not to sensationalise the case or to speculate on Wong’s private life as it may affect the ongoing investigation.
The police also confirmed that the pictures were taken by someone known to Wong.
“The police dismissed the suggestion by some that a trap was set up to have the pictures taken. Instead it was taken by someone known to Elizabeth Wong,” said Sabtu.
UMNO leaders, particularly, the Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the UMNO Youth leader, Datuk Seri Hishammuddin Hussein should co-operate with Pakatan Rakyat to keep the palace above the political crisis in Perak as the issue in contention is not about the institution of constitutional monarchy but the popular will of the voters.
Tengku Razaleigh Hamzah has rightly pointed out in his blog about the real nature of the constitutional crisis in Perak – it is not about the status of the Rulers like the 1993 constitutional crisis “which arose from an ugly confrontation between Umno and the Rulers over a question that had direct and profound implications on their sovereignty and that of the Yang Dipertuan Agong” but about the legitimacy of the process by which a new state government has been formed in Perak.
This is why Abdullah and other UMNO leaders created consternation yesterday when they sought to present the Perak political and constitutional crisis as a crisis of the system of constitutional monarchy using the language of “disrespect the Sultan” and even “treason” when it is solely and strictly about whether UMNO should be allowed to orchestrate an immoral, undemocratic, illegal and unconstitutional power grab in Perak.
The best way to uphold the system of constitutional monarchy in the country is for all political parties, whether Barisan Nasional or Pakatan Rakyat, to keep the Rulers above the political fray – especially on the question as to who should form the legitimate and democratically-elected government in Perak.
The immoral, illegal, undemocratic and unconstitutional Umno power grab in Perak has created a political and constitutional crisis of two Mentris Besar in the state – and the best and most democratic solution is to return the mandate to the voters of Perak by the dissolution of the Perak State Assembly for a fresh state election to be held to resolve the political and constitutional crisis.
In Abdullah’s final 40 days as the fifth Prime Minister and Datuk Seri Najib Razak’s pre-40 days as the sixth Prime Minister, both of them must act as leaders for all Malaysians and resist the temptation to use the powers of the Federal government to deny the people of Perak their democratic right to resolve the political crisis in the state as by resorting to emergency powers or draconian laws like the Internal Security Act or the Sedition Act.
The incendiary speech by Hishammuddin last night is most deplorable, as he delivered what has been described as a “thinly-veiled threat” against Pakatan Rakyat “that those who are willing to destroy or damage the royalty and betray the country will pay the price” – a description which will be more apt for UMNO for its role in the 1993 constitutional crisis as it has no application whatsoever with any political party in the Pakatan Rakyat in the current Perak crisis.
It is a great disservice to the institution of constitutional monarchy for political leaders to drag the royalty into the political fray by distorting political differences as one of treason or whether one is “willing to destroy or damage the royalty and betray the country”, when this is not the case.
Malaysians should be united to face the worst global economic crisis in 80 years instead of allowing our body politic to be divided and poisoned by Umno’s undemocratic, immoral, illegal and unconstitutional power grab in Perak.
Instead of months of stand-off and stalemate in the Perak political and constitutional crisis, let it be resolved swiftly in the most democratic manner which could be accepted by all Perakians without poisoning the Malaysian body politic for years and decades so that national energies could be mobilized to face the looming economic crisis – by holding a snap Perak state elections which could be held within 30 days although the law allows it to be held within 60 days of the dissolution of the Perak State Assembly.
This is the most acceptable and democratic solution to the Perak political crisis. Let Pakatan Rakyat and Barisan Nasional leaders agree to return the mandate to the voters of Perak to elect the government of their choice – which will also further enhance the institution of constitutional monarchy by staying above the fray of political parties which is best resolved in the hustings.
We appeal to all right-thinking Malaysians to express our revulsion and outrage at the unscrupulous conduct of the culprits. This unacceptable invasion of an individual’s private life is an injustice that affects us all. Our laws are inadequate to deal with a breach of privacy but we, the public, can take personal responsibility in ensuring that the spread of this information is stopped in its tracks. In this connection we call for a rejection of all news providers that spread this private information and who unnecessarily sensationalise the issue. We also call on each member of the public to do what s/he can to stop its dissemination. For example, if someone sends you this information by instant text messaging or by e-mail, delete it without opening it and discourage its further circulation.
The Bar Council is organising a public forum to address the plethora of issues that have been raised, including the right to privacy, the link between a politician’s private and public life, and whether adequate legal safeguards exist to protect an individual’s right to privacy.
Details of the public forum are as follows:
|Title||:||“Privacy: Does it exist in Malaysia? Is it time to legislate?”|
|Date||:||27 February 2009 (Friday)|
|Time||:||5.00 – 7.30 pm|
|Venue||:||Bar Council Auditorium|
|13, 15 and 17 Leboh Pasar Besar|
|50050 Kuala Lumpur|
|Speakers||:||a) YB Dr. Zulkifli Ahmad, MP for Kuala Selangor|
|b) Fui K Soong, CEO of INSAP (MCA’s Institute of Strategic Analysis and Policy Research)|
|c) Sonya Liew Yee Aun, Malaysian Bar|
|d) Andrew Khoo Chin Hock, Malaysian Bar|
To register or make inquiries, kindly call (03) 2031 3003 and speak with Mazni (x101) or Faizal (x185).
Dato’ Ambiga Sreenevasan
20 February 2009
LAPORAN POLIS DATUK SERI ANWAR IBRAHIM
20hb Februari 2009
Saya, ANWAR BIN IBRAHIM, merujuk kepada LAPORAN SURUHANJAYA DIRAJA UNTUK MENYIASAT KECEDERAAN DATO’ SERI ANWAR IBRAHIM SEMASA DALAM TAHANAN POLIS (Suruhanjaya Tersebut) yang telah dipersembahkan kepada DYMM SPB YANG DIPERTUAN AGONG PADA 6 APRIL 1999.
Saya melaporkan bahawa Laporan Polis Travers Rpt:3977/98 yang dibuat pada jam 2.00 pagi 21.9.1998 oleh ACP Koh Hong San (kini Commissioner Datuk Koh Hong Sun) (“Koh”),mengandungi maklumat palsu bertulis yang direka. Sekalipun menyedari Laporan Polis ini mengandungi maklumat yang palsu berkaitan perkara yang mustahak, Koh telah menggunakannya dalam suatu prosiding penghakiman sepertimana ditunjukkan sebagai Ekshibit A1 Suruhanjaya Tersebut.
Dakwaan ini saya buat adalah berasaskan maklumat dalam pengetahuan saya sendiri dan keterangan dokumen dan penemuan yang direkodkan dalam Suruhanjaya Tersebut antara lainya yang penting seperti berikut:
Petikan keterangan bersumpah Koh dalam VOLUME II-NOTES OF EVIDENCE muka surat antara 18 hingga 33.
“On the 20th September 1998 at about 8.10pm. I received instruction from Ketua Polis Kuala Lumpur, Dato Kamaruddin bin Mohd. Ali to arrest Dato’ Seri Anwar Ibrahim at his house Number 8, Jalan Setia Murni 1, Bukit Damansara, Kuala Lumpur. I was instructed by my Chief Police Officer, Dato’ Kamaruddin to arrest Dato’ Seri Anwar under Section 377B Penal Code”
Dalam muka surat 19
“I went over to him, I touched his left arm and said I was arresting him under Section 377D”.
“The instruction which I received was to arrest Dato Seri Anwar under Section 377B. But when I told Dato Seri I was arresting him under Section 377D. I made a mistake. It should be Section 377B.”
Dalam muka surat 24,25 dan 26.
“Shortly after,I left the place and went to my original place waiting for further instruction.Later we were told to walk to the 11th Floor.My officers and I were told to go upstairs.Dato Ramli told us.We went up to to the 11th Floor to discuss the question of arrest of Dato’Seri Anwar.We had a meeting at the 11th Floor at the Meeting Room.If I’m not mistaken,those who were present were Dato’Ramli,ASPAbdul Aziz,ASP Thomas,Supt.Robiah and a few others that I could not remember.Dato’Ramli chaired the meeting.”
“Dato Ramli left the discussion shortly after. Then he came back and instructed me to arrest Dato Seri Anwar under ISA. At the time when we had the discussion and before Dato Ramli left, I knew that I had arrested Dato Seri Anwar under Section 377B. I cannot remember whether I told Dato Ramli that I had arrested Dato Seri Anwar earlier for an offense under Section 377B. I now say that I did tell Dato Ramli that I have earlier arrested Dato Seri Anwar under Section 377B”.
“I cannot remember how long after he left that he returned. He came back and then told me that I should now make a formal arrest under ISA. I was given the relevant documents to be served on Dato Seri Anwar. With the documents I went down to see Dato Seri Anwar at 1.43am on 21st September 1998. I went to the cell and I served the documents on Dato Seri Anwar and then I left. At the time I served him with the documents he was conscious. I spoke to him. He responded to whatever I told him. He spoke to me. After I served him I left the cell and subsequently lodged a formal report of arrest.”
Keterangan bersumpah Koh sebahagiannya seperti diatas,mengesahkan pengakuan Koh bahawa maklumat bertulis yang dibuatnya sendiri dan terkandung dalam Travers Report 3977/98 bertarikh 21.9.1998 itu adalah palsu. Saya mengsyakki Koh,telah mereka keterangan palsu sedemikian itu adalah untuk menyembunyikan kecederaan yang saya alami setelah dibelasah oleh Tan Sri Abdul Rahim Noor(TSRN)Ketua Polis Negara ketika itu,daripada pengetahuan masyarakat umum. Dakwaan saya ini diperkukuhkan dengan catatan rekod prosiding Suruhanjaya Tersebut seperti petikan diperturunkan dibawah;
Petikan rekod prosiding Suruhanjaya Tersebut “VOLUME 1-PART TWO”muka surat 66 perenggan 6.1.
It was strongly submitted that, had the offence for which DSA was arrested remained one under Section 377 of the Penal Code, DSA would have had to be produced in Court within 24 hours, and a charge under the I.S.A was added on to obviate this necessity, because the face of DSA was such a sorry mess after the assault that it would have been most inexpedient to expose him to the public view. Again, there is a sharp conflict of evidence as to when the I.S.A charge was decided upon. TSRN insists that this matter had already been discussed earlier and the decision was taken at 8.20pm on the night of the 20th September 1998, by four senior officers, including himself, and communicated to a larger group a little later. TSRN could have applied to the Commissioners that they be called to give evidence in support of his testimony, but did not do so. He claims that the arrest under Section 377B was the result of a miscommunication. With the presence of the A.G’s representative at the Ops Theatre on the 30th floor, and almost everybody carrying a handset, it is difficult to follow how such a miscommunication could have taken place. Dato’ Yaacob was emphatic that there was no communication of the decision to effect an arrest under the ISA until after a discussion which went on till well past midnight. There would have been no need for such a discussion if the decision had been made earlier.
Saya percaya “the A.G’s representative at the Ops Theatre on the 30th Floor”yang dimaksudkan oleh Suruhanjaya Tersebut ialah Datuk Abdul Gani Patail (kini Tan Sri Peguam Negara)(“Gani Patail”). Dakwaan saya ini diperkukuhkan oleh keterangan bersumpah SAC I Dato’Meor Chek Hussein bin Mahayuddin(Meor), ketika itu Komander Pasukan Gerak Tugas Khas PDRM, sepertimana petikan keterangan beliau dalam Suruhanjaya Tersebut seperti berikut;
Petikan keterangan bersunpah Meor dalam VOLUME II NOTES OF EVIDENCE muka surat antara 7 hingga 17.
After leaving the lockup I went up to the 30th floor at Bukit Aman to see my senior officers including Timbalan Pengarah 1, DCP Dato Mohd Yusof and other senior officer to brief them of what happen.
Apart from Dato Mohd Yusof, I remember there were Tan Sri Abdul Rahim Noor, Tan Sri Norian Mai, Deputy IGP, DCP Dato Mohd Yusof Said, TP 1 Keselamatan Dalam Negeri dan Ketenteraman Awam, DCP Ali Hanafiah Hashim, Datuk Ghani Patail from AG’s Chamber present.
I arrived at the 30th floor at around 10.00pm. The others who were there were CP Datuk Mohd Jamil Johari and other officers which I cannot remember. It was not a formal briefing because I did not see anyone taking down notes. The briefing was not given in the conference room but it was outside. The briefing was given in a spontaneous manner.
When I arrived on the 30th floor, these officers were already in the hall. These officers were already seated in the hall and this is the time I had briefed them on what had happened to Dato Seri Anwar and where he was taken. After the briefing I did not receive any instruction from any officers present. They merely listened.
Then I left the place and went back to my office to debrief my officers.My office is near the main entrance to Bukit Aman.On the ground floor.My office is another building.
I did not at any time assault Dato’Seri Anwar Ibrahim.
After I left the 30th Floor,I was not involved in this case.
Selanjutnya daripada keterangan saksi W15,SUPT.Abdul Halim bin Hj.Siraj pula, dalam muka surat 130 hingga 139 dalam Suruhanjaya Tersebut, menjelaskan peranan SAC I Musa Hassan (kini Tan Sri Musa Hassan,Ketua Polis Negara)(“Musa Hassan”). Serta keterangan-keterangan dan dokumen-dokumen lain dalam milik saya berkaitan penglibatan Musa Hassan dalam penangkapan dan penahanan saya, maka saya mempunyai alasan yang kukuh untuk mengsyakki bahawa Musa Hassan pada waktu yang matan itu turut berada di-Tingkat 30 Bukit Aman bersama sama dengan pucuk impinan tertinggi PDRM dan juga Gani Patail,sepertimana yang dijelaskan oleh Meor.
Saya menegaskan bahawa Musa Hassan dan Gani Patail pada waktu yang matan itu juga telah mempunyai pengetahuan bahawa saya telah dicederakan oleh TSRN, sebaik ditangkap dan ditahan di-lokap Polis Bukit Aman. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa kedua-dua Musa Hassan dan Gani Patail terlibat dan/atau mengambil bahagian dalam mesyuarat bersama-sama TSRN dan beberapa Pegawai Tertinggi PDRM membincangkan dan membuat keputusan serta kemudianya mendorong Koh untuk memberikan maklumat palsu dan atau mengelirukan berkaitan dengan tangkapan dan kecederaan keatas diri saya dalam Travers Report No:3977/98 bertarikh 21.9.1998 jam 2.00 pagi yang kemudiannya dikemukakan dalam suatu pembicaraan kehakiman sepertimana ditunjukkan sebagai Ekshibit A1 dalam Suruhanjaya Tersebut.
Berdasarkan kepada urutan peristiwa yang dinyatakan diatas khasnya berkaitan penglibatan Musa Hassan dan Gani Patail secara langsung dan nyata dalam episode tersebut, saya ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Brickfields 4350/08 bertarikh 28th Jun 2008 yang dibuat oleh seorang Mohd.Saiful Bukhari Azlan (Saiful) terhadap diri saya, telah diubahsuai dan/atau dipesongkan serupa dengan caramana Travers Report No:3977/98 bertarikh 21.9.1998 dilakukan. Saya juga ada alasan yang kukuh untuk mengsyakki bahawa laporan Polis Saiful dibuat adalah sebagai tindakan lanjutan kepada konspirasi jenayah dengan niat bersama untuk menyebabkan saya bolih disabitkan atas kesalahan yang bolih diseksa dengan hukuman penjara yang lama demi kepentingan peribadi Musa Hassan dan Gani Patail serta kepentingan politik sesaorang atau orang-orang tertentu.
Saya telah dinasihati bahawa perbuatan “mereka keterangan palsu” adalah suatu kesalahan jenayah yang serius terhadap “Keadilan Awam” dibawah Seksyen 193 Kanun Keseksaan yang membawa hukuman penjara 7 tahun jika disabitkan kesalahan.
Saya membuat laporan ini demi keadilan dan mendesak pihak berwajib menjalankan siasatan yang rapi, telus dan saksama serta mengambil tindakan-tindakan yang wajar yang dibenarkan oleh undang-undang keatas pesalah atau pesalah-pesalah berkenaan yang terlibat atau sesiapa yang bersubahat melakukannya.
Bersama-sama ini,saya sertakan salinan muka-surat muka-surat daripada laporan Suruhanjaya Diraja yang disebut diatas untuk rujukan.
20 Februari 2009
"We don't want to be like them. We will use the law to resolve the present situation," he told reporters after Friday prayers at Sultan Yusuf Mosque at Rapat Setia here today.
Zambry was commenting on the decision by Speaker V.Sivakumar to suspend them and the statement by Bar Council president Datuk Ambiga Sreenevasan that the suspension could not be challenged in court.
"It is just one of several other views. I don't want to dwell on this as I want to conduct my duty as the menteri besar who was consented and appointed by the Sultan of Perak, Sultan Azlan Shah," he said.
He regretted that some people had insulted Perak Mufti Datuk Seri Harussani Zakaria in blogs and talks after the latter did not share their opinion on the political event in the state recently.
Zambry said Harussani's views should should be respected and held in high esteem by all as he is a man of noble character.
"Barisan Nasional (BN) was also not spared but did not mean that he (Harussani) did not like us. He was only pointing out things based on the law.
"As such, we did not retaliate when criticised and did not show any disrespect to him," he added.
19 February 2009
I have departed today.
Despite having tendered my resignation from all posts, the media and websites continue to intrude into my private life and privacy. I have been informed by several media that they will continue to publish even more lewd graphical, sensational stories of my private life. I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.
This is the darkest episode in my life. I have never felt so alone, vulnerable and humiliated. I need to rest and to search for peace of mind to get away from the stormy events surrounding me.
I appreciate the overwhelming support from all quarters, especially my voters, women in particular and party comrades. Words cannot express my gratitude for your gentle kindness.
I have informed my party leaders that I am determined to relinquish all my positions, as a Selangor State Exco Member as well as the State Assemblywoman for Bukit Lanjan. I am thankful for the party leadership’s concern and encouragement. I seek their understanding for my predicament.
My commitment to the ideals of the Parti Keadilan Rakyat remains unwavering. I shall retain my party membership and continue to struggle for a just society with the party.
The nation is at a crisis facing a serious economic recession. Unemployment is rising, while corruption remains rampant. I wish public discussions would concentrate on these important issues rather than analysing my private life. My principle remains the same ?
I will not answer any questions pertaining to my private life. My private life is not for public scrutiny as I have not broken any law or caused harm to anyone.
I plead to the media as well as my supporters to allow me some peace of mind, and to give me space. I urge the media to leave my family, friends and I alone. Please do not continue to shame my family and I, so that we have a chance to lead a normal life as ordinary citizens.
Lastly, I wish to thank the support from the public that has been pouring in ceaselessly. I am very moved and eternally grateful to my friends and colleagues who stand by me. There is nothing in this world that can repay your kindness.
RPK’s closing words in his ‘It’s not over ’til its over’ :
“And when the court rules against me and ***** ( never thought I’d see the day when I’d censor RPK on this blog, but there’s a first time for everything, I guess ) me off to Kamunting this Monday, I call upon all of you to stand tall and proud on the steps of the Palace of Injustice in Putrajaya and scream at the top of your lungs: IT’S NOT OVER ‘TIL IT’S OVER. And I will scream the same thing in the police van as I journey to Kamunting: IT’S NOT OVER ‘TIL IT’S OVER”
Pete, am I reading you right?
Have you just said that you’re bracing yourself for a long, drawn out battle?
Pete, am I reading you correctly?
Damn it, speak plainly, man!
Is this your call for us to take up positions, to stand with you for the long fight that awaits us?
People, will you come, take your place and stand tall and proud on the steps of the Palace of Injustice this Monday?
By Shannon Teoh and Asrul Hadi Abdullah Sani-The Malaysian Insider
KUALA LUMPUR, Feb 19 - Barisan Nasional Youth made a thinly-veiled threat tonight against Pakatan Rakyat that it would suffer the consequences for not respecting the monarchy.
At a pro-monarchy gathering tonight, its chairman Datuk Seri Hishammuddin Hussein said that “those who are willing to destroy or damage the royalty and betray the country will pay the price”.
“Who says Umno Youth has no spirit and is not brave? We will show them,” he said to cheers from a 5,000-strong crowd of predominantly Umno Youth members.
“What do we do to these traitors? We drive them out,” he added.
He warned that tonight was only a wave which will end up as a “tsunami” against those who are “willing to risk the honour of the nation and the institution of the monarchy”.
“Our independence and the freedom to choose our government was only gained with the support of the rulers yet certain individuals are willing to give this away,” he said.
BN Youth supporters had begun to gather from 8pm and most were clad in yellow t-shirts to listen to component party youth leaders as well as Perak Menteri Besar Datuk Dr Zambry Abdul Kadir whose government is the subject of a constitutional crisis which BN claims is due to PR’s willingness to commit treason against the Perak Sultan who had appointed Zambry as the new MB.
Shouts of “Daulat Tuanku (Long live the King)” were interspersed with abuse hurled at PR leaders such as de facto PKR chief Datuk Seri Anwar Ibrahim and DAP chairman Karpal Singh, who had said that he would sue the Sultan for his role in the power grab by BN in Perak.
Hishammuddin also called DAP chairman Karpal Singh “rude” and Datuk Seri Nizar Jamaluddin a “traitor”.
However, at a press conference after the gathering, he said that the event was to allow BN Youth to vent its frustrations “in a controlled environment”.
“They should not go out on the streets and incite hatred. It is not BN culture to demonstrate on the streets,” he said.
Hishammuddin had claimed during his speech that if things were allowed to continue this way, then Malays would suffer.
Earlier in the night however, youth leaders from MCA and MIC as well as from Sabah and Sarawak, gave their full support to the move to declare their loyalty to the Malay rulers.
Conspicuously, several said that “we are with you”, clearly denoting that this was an Umno-led campaign, as reflected by several slogans seen that night calling for the defence of Malay honour.
“We have accepted constitutional monarchy and from across the South China Sea, we are with you to say that the youth of Sarawak are loyal to this system,” PBB Youth chief Fadillah Yusof said.
MIC Youth deputy chief S. Murugesan echoed this sentiment, declaring that the wing was “with you to support the royalty and uphold the constitution”.
MCA Youth deputy secretary-general Loh Chew June however, called on PR to stop its conspiracy of making false accusations against BN.
“Stop your baseless allegations. What is true remains true and what is false remains false,” he said.
By Lee Wei Lian and Asrul Hadi Abdullah Sani-The Malaysian Insider
KUALA LUMPUR, Feb 19 — A photograph of three bullets, “kidnappings” and CCTV videotapes. These were among the evidence presented or alluded to by Opposition Leader Datuk Seri Anwar Ibrahim in parliament today to support his claims that the BN government is using bribery and other unethical tactics to entice defections.
Anwar also alleged that despite police reports, top government officials were deliberately taking no action.
He claimed that the bribery scheme could be traced to the deputy prime minister and while he did not present the CCTV recordings in parliament, when pressed by reporters afterwards if he had the tapes, he said: “you will know at the right time.”
“I am giving the truth and facts, the attempts that were conducted by the Umno leadership, including the Deputy Prime Minister and leaders who threatened, kidnapped, and giving bribery this only continues the record and tradition of bribery which are practiced by the said leaders,” Anwar said in parliament.
He told parliament how Lim Soo Nee, PKR’s state representative for Kulim agreed to be “bait” and worked together with the Anti-Corruption Agency (now called the Malaysian Anti Corruption Commission) to secure evidence of alleged bribery attempts made by agents of Datuk Seri Mahadzir Khalid to entice a defection.
Mahadzir is the former menteri besar of Kedah.
Mahadzir’s agents were alleged to have offered up to RM5 million for a defection, Anwar claimed.
A CCTV recording was purportedly made of a meeting between Lim and Mahadzir at a hotel in Seberang Jaya at the end of last year.
Anwar also showed a photograph of three bullets sent to PKR Bakar Arang state representative Tan Wei Shu.
It was alleged to have been sent when Tan declined an offer to defect. Tan made a police report but claims no police action was taken.
Anwar also spoke of three police reports lodged by former Bukit Selambau assemblyman V Arumugam.
The reports were lodged over various harassments including an alleged threat that he could end up like former Lunas state representative Joe Fernandez if he persisted in his political activities. Fernandez died after being shot three times in 2000.
“If a police report was made, go investigate. There was no investigation, not once was he called. This is a member of the state executive council and maybe he is Indian. And there is some perception that Indians are a lower class in Malaysia,” Anwar added.
Anwar claimed that the police and the MACC are not acting on the various police reports and the CCTV due to pressure from top leadership in government.
His BN counterparts however, declined to accept Anwar’s evidence at face value.
Dr. Mohd Puad Zarkashi, member of parliament for Batu Pahat, told Anwar not to blame BN for defections and said that the CCTV recording proves nothing as he also meets members from PKR.
Datuk Tajuddin Abdul Rahman, member of parliament for Pasir Salak, told Anwar not to accuse the police of wrong doing as they were not in parliament to defend themselves.
In the press conference afterwards, Anwar said that “the Attorney General will use all its powers” to frustrate investigations.
He added that Selangor state representatives had lodged police reports over attempts to bribe them but “that is an academic exercise” as it was unlikely any police investigation would arise out of the reports.
By Adib Zalkapli-The Malaysian Insider
KUALA LUMPUR, Feb 19 — Just one day after being suspended from the Perak legislative assembly, Menteri Besar Datuk Zambry Kadir today took his case to a gathering of more than 5,000 Barisan Nasional Youth members here by vowing to defend the institution of the monarchy.
The gathering was to demonstrate the loyalty of BN Youth members to the Malay Rulers.
Speaking to thousands of party members clad in yellow t-shirts, the Pangkor assemblyman warned the Pakatan Rakyat leadership not to undermine the Malay Rulers.
“We warn them not to go against the Rulers, do not play up the anti monarchy sentiment. We will defend the institution of the Malay Rulers,” said Zambry to shouts of Daulat Tuanku (Long Live The King).
He said the events in Perak were unprecedented and an embarrassment to the people.
“A man was willing to speak up against the Sultan, saying ‘patik mohon derhaka’. For the sake of power he was willing to commit treason against the Sultan,” said Zambry referring to Datuk Seri Nizar Jamaluddin who claims that he is still the legitimate Menteri Besar of Perak.
The state got into a constitutional crisis early this month after Sultan Azlan Shah refused to accept Nizar’s advice to dissolve the legislative assembly but chose to appoint a new BN government led by Zambry.
Nizar has also filed a suit at the Kuala Lumpur High Court seeking a declaration that Zambry’s appointment was illegal.
The Perak crisis worsen yesterday after the state assembly speaker V Sivakumar announced the suspension of Zambry and six state executive councillors.
The suspension is seen as an attempt by the PR to force the dissolution of the assembly to pave the way for a state-wide election, but seen by BN leaders as a sign of disrespect to the Sultan.
The Royal Address was a valedictory address to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, when the Yang di-Pertuan Agong at the end of his address touched on the transition of leadership of the country, with the hand-over of the premiership to the Deputy Prime Minister next month.
The Yang di-Pertuan Agong recorded appreciation to the Prime Minister for his leadership and contribution, mentioning specifically to issues concerning “democracy, accountability, integrity, the fight against corruption, strengthening the judiciary and the application of Islamic Hadhari approach”.
To the majority of Malaysians, Abdullah’s tenure as the fifth Prime Minister will be remembered more for its missed opportunities than any real achievements.
We are told that a second stimulus package in the form of a mini-budget would be presented in Parliament on March 10 to boost the country’s economy, when more than four months ago, I had called on the new Finance Minister, Datuk Seri Najib Razak to present a revised 2,009 Budget to take corrective measures to shield the country from the world’s worst economic crisis in 80 years so as to enhance competitiveness, boost growth and tamp down inflation. A missed opportunity.
We are told of a Cabinet Committee to Identify and Monitor the Participation of Indian Community in Government Programmes and Projects chaired by the Deputy Prime Minister, when immediately after the landslide Barisan Nasional March 2004 general election, I had called for a high-powered Cabinet Committee to present a blueprint in the first meeting of Parliament to address the long-standing issues of marginalisation and alienation faced by Indian Malaysians in the country and to bring the Indian Malaysians into the mainstream of national development – political, economic, educational, social, cultural and all other aspects of the nation-building process. Another missed opportunity.
Immediately after the March 8 political tsunami in last year’s general election which swept away the Barisan Nasional’s hitherto unbroken two-thirds parliamentary majority and power in five states, the Prime Minister Datuk Seri Abdullah Ahmad Badawi said that he had heard the “strong message” of the voters, conceding:
“The result of the elections was a strong message that I have not moved fast enough in pushing through with the reforms that I had promised to undertake.
“I thank the Malaysian people for this message. Point made and point taken,”
However, Abdullah missed the whole point of the March 8 electoral verdict – not that he had “not moved fast enough” in reforms he pledged more than four years ago, but that he had hardly moved at all apart from periodically paying lip-service to them!
With Abdullah entering into his last 40 days of his premiership, it is clear that his premiership, forcibly ended by an unholy compact in the Umno leadership without any consultation or reference whatsoever to the other Barisan Nasional component parties – highlighting continued Umno hegemony and its role as the “bully” in Barisan Nasional – the country is presented with further examples of missed opportunities to bring about genuine reforms to strengthen the country’s foundations in nation-building, democracy, accountability, transparency, integrity, the fight against corruption, the just rule of law, a truly independent judiciary and good governance.
A day before the first meeting of the new Cabinet on 26th March 2008, I had sent an urgent fax to the Prime Minister on the eight matters which the new Cabinet should give priority to show that the second Abdullah administration is prepared to respond to the March 8 political tsunami and be on top of the changes demanded by Malaysians, viz:
- Immediate and unconditional release of the five Hindraf leaders, P. Uthayakumar, newly-elected DAP Selangor State Assemblyman for Kota Alam Shah M. Manoharan, V. Ganabatirau, R. Kenghadharan and T. Vasantha Kumar from Internal Security Act (ISA) detention as their only “offence” was to voice out the legitimate grievances of the long-standing marginalization of the Malaysian Indians and which had been vindicated by the March 8 general election results.
- Restoration of national and international confidence in the independence, integrity and quality of the judiciary with the establishment of a Judicial Appointments Commission and a Royal Commission into the two decades of judicial crises starting with the arbitrary and unconstitutional sacking of Tun Salleh Abas as Lord President and Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges in 1988.
- First-World Parliament - full commitment to comprehensive parliamentary reform and modernization including a full Select Committee system headed by Parliamentarians where every Ministry is shadowed by a Select Committee.
- All-out drive to eradicate corruption with the elevation of the Anti-Corruption Agency as an autonomous agency answerable only to Parliament.
- Leadership by example on integrity by Ministers, Deputy Ministers, Chief Ministers, Mentris Besar, MPs and State Assembly members, including public declaration of assets, end of discrimination in allocation of constituency development allocations to Opposition elected representatives, eradication of money politics as its use to induce defections and electoral reforms for free, fair and clean elections.
- Full implementation of the 125 recommendations of the Royal Police Commission to create an efficient, incorruptible, professional world-class police service to reduce crime, eradicate corruption and uphold human rights, particularly the establishment of an Independent Police Complaints and Misconduct Commission (IPCMC).
- All-party inquiry to enhance Malaysia’s international competitiveness to enable the country to successfully face the challenges of globalization.
- Public inquiry into the RM4.6 billion Port Klang Free Zone (PKFZ) bailout scandal to demonstrate the new Government’s commitment to accountability, transparency, integrity and good governance.
Efforts had been made to address two of the eight points I highlighted, like the establishment of the Malaysian Anti-Corruption Commission (MACC) and the Judicial Appointments Commission (JAC) but both are a pale shadow of truly credible and independent institutions to fight corruption and restore national and international confidence in the independence of the judiciary.
In fact, since my first election as a Member of Parliament 40 years ago, I have never felt such disgust and distaste at the sordid state of politics in the country which have descended to a new depth marked by the illegal, immoral and unconstitutional grab for power in Perak and the violation of privacy and outrage of modesty of Elizabeth Wong, woman Exco member in Selangor.
This sense of disgust and distaste is the general feeling of Malaysians, regardless of race and religion. The Yang di Pertuan’s speech, for instance, had been completely displaced by the illegal power grab in Perak and the violation of privacy and outrage of modest of Elizabeth Wong, in all the media when the one and common concern should be the looming economic crisis facing the country!
The March 8 political tsunami represented the hopes of Malaysians for change and improvement to become a more united, harmonious, democratic, progressive and competitive nation so that Malaysia can take our rightful place in the global community instead of continually losing out to other countries.
The greatest challenge facing the country is how Malaysians are going to tide over the worst global economic crisis in 80 years with economists even forecasting a looming recession for Malaysia, but national priorities and energies spearheaded by the Prime Minister-in-waiting and the Finance Minister are completely misplaced – orchestrating an immoral, illegal and unconstitutional power grab in Perak to topple the legal, legitimate, effective and functioning Pakatan Rakyat Perak state government.
In the sixties, there was what is known as the Great Train Robbery in the United Kingdom. We have now our version of the Great Political Robbery resulting in outrage not only among the people of Perak but among all right-thinking Malaysians throughout the country at the robbery of the people’s legitimate and duly elected democratic government of Perak.
Malaysians have found that they have the lost the fundamental right to be free from crime and the fear of crime, aggravated by the refusal of the Abdullah administration to fully implement the 125 recommendations of the Royal Police Commission to create an efficient, incorruptible, professional world-class police service to keep crime low, fight corruption and respect human rights.
Malaysians, tourists and investors do not feel safe any more in the country, whether in the streets, public places or even in the privacy of their homes.
Now, with the Great Political Robbery orchestrated by Najib, Malaysians have also lost the safety of their political rights, when the legitimately and duly elected government of Pakatan Rakyat in Perak could be robbed by an immoral, illegal and unconstitutional power grab orchestrated by Najib.
As the sixth Prime Minister, Najib will not have his first 100 days to dazzle the people with bold promises and pledges of a new beginning, as what he had done in his pre-100 days, in particular the immoral, illegal and unconstitutional power grab he orchestrated in Perak, producing two Mentris Besar in Perak, will cast a long dark shadow over his premiership.
With the immoral, illegal and unconstitutional power grab in Perak, with defections of elected representatives, re-defection, public disappearances of defectors, monetary inducements in millions and even tens of millions of ringgit and intimidations, coupled with the latest outrage of the violation of privacy and outrage of modesty of Selangor woman Exco member, Elizabeth Wong, Najib will start off his administration as the most divisive and polarizing Prime Minister in the nation’s history.
With such a background, how can Najib command national confidence to successfully unite and rally Malaysians to lead the country to tide over the looming economic crisis?
DAP’s position against unprincipled, unethical and immoral party defection is clear and consistent.
As far back as 31 years ago in March 1978, I had sought to move a private member’s bill intituled Members of Parliament [Prevention of Defection] Act 1978 to ensure political integrity of Members of Parliament.
I had said in Parliament in my motion in 1978 that the defection of MPs or State Assemblymen from parties on whose ticket they got elected is most undesirable and unethical, because they are elected not because of their personal qualities, but because of the Party they represent. Such practices also permit elected politicians to be bought and sold as if they are on the market place.
If an elected MP resigns or is expelled from the Party on whose ticket he was originally elected, then he should resign his seat and cause a by-election to be held. If the resignation and expulsion is over a matter of political principle which has the support of the people, then the MP or State Assemblymen concerned should have no qualms about getting re-elected.
However, the Constitution two decades ago providing that an MP or Assemblyperson who resigned his seat would not be able to recontest for five years – an amendment the DAP had opposed.
What is urgently needed is the enactment of anti-hopping legislation and repeal of the five-year ban from recontesting for an elected representative as in Article 48(6) on the Federal Constitution.
(Extract of speech on the Motion of Thanks on the Royal Address in Parliament on Wednesday, Feb. 18, 2009)
“What is the point of having courts when the police have a tendency to execute suspects on the spot? Why can’t the police just injure and arrest them, and let the judicial process takes its course?" - Dr. Ramasamy
|Santhana Leo Joseph||34|
They did so to show their dissatisfaction over Ibrahim's remarks about the Opposition, which caused a war-of-words to break out between him and the Opposition MPs.
Ibrahim earlier had poked fun at them calling them hypocrites who did not fulfill their promises when in power but were very good at slamming the government when outside the government.
When he used the words 'bangsa asing' (foreigner) in describing people who did not know how to address Royalty properly, it got N. Gobalakrishnan (PKR-Padang Serai) all riled up and demanding Ibrahim retract the words, which Ibrahim refused claiming he was referring to non-Malaysians.
Deputy Speaker Datuk Dr Wan Junaidi Tuanku Jaafar tried to calm things down but was ignored by the warring parties.
When the situation got out of hand Gobalakrishnan walked out which led to Ibrahim apologizing to Dr Wan Junaidi but claiming it was Gobalakrishnan who had provoked him.
Before things could settle down, another flare up started when Khalid Abdul Samad (PAS-Shah Alam) chided Ibrahim for behaving as though he was the only one championing the rights and institution of the Malay Rulers.
During the heated exchange that ensued between them, Ibrahim flung his songkok on his table which led to Khalid also walking out of the Dewan followed by most of the other Opposition MPs present.
Ibrahim, however, drew support from the backbenchers including Datuk Bung Moktar Radin (BN-Kinabatangan) and Datuk Mohamed Aziz (BN-Sri Gading) who praised him for his firm stand on issues concerning the institution.
Earlier, during the same debate, Opposition leader Datuk Seri Anwar Ibrahim (PKR-Permatang Pauh) had stated that he disagreed with DAP chairman Karpal Singh's intention to file a civil suit against Sultan Azlan Shah of Perak describing it as unnecessary.
Anwar said as a Malay, he wanted the Royal institution to be given its due respect and was of the opinion that the action should be taken against the Perak government, which he claimed was unlawful.
He was referring to Karpal Singh saying he would take the Sultan to court for allowing the Barisan Nasional to replace the DAP-PKR-PAS government in Perak after the pact lost the majority in the state's legislature on Feb 4.
There are some overriding principles that operate in such situations. One is the doctrine of separation of powers, which means that the Judiciary cannot interfere in the workings (proceedings) of Parliament or the State Legislative Assemblies (Article 72 of the Federal Constitution), as they have the privilege of regulating their own internal affairs and procedure.
The doctrine of separation of powers also means that there should be no Executive influence in the workings of Parliament and State Legislative Assemblies. We say this as it has been reported that there are attempts to lodge police reports against the Speaker of the Perak State Assembly, which would violate these provisions.
Apart from these overarching principles, one will have to study the Perak Constitution and Standing Orders to resolve if the correct procedure was followed in the recent suspension of Datuk Dr Zambry Abd Kadir and his six executive council members.
One legal view is that the Speaker and the Committee of Special Privileges have the powers that they have exercised; another is that the matter referred to the Committee of Special Privileges must be placed before the State Assembly before it can take effect.
Regardless of whether the correct procedure was followed by the Speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of their proceedings may nevertheless be outside the jurisdiction of the courts.
While we wrestle with these constitutional and legal issues, there is a reality on the ground that we must face. The legal actions are not the first and are unlikely to be the last. This is not desirable and does not provide an effective and definitive solution. Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole.
Dato' Ambiga Sreenevasan
19 February 2009