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Friday, April 17, 2009

HINDRAF PRESS STATEMENT 16.04.2009

RE: HINDRAF TO REORGANISE AND RESTRUCTURE TO MEET NEW CHALLENGES

HINDRAF’s struggle has entered a new phase where the situation in the country has qualitatively changed since November 25, 2007.

The needs, expectations, desire and the aspiration of the Indian community from HINDRAF has developed beyond the initial demands and seeking the release of its lawyers currently held under the ISA.

In light of these developments and the need to restructure the working groups, HINDRAF with immediate effect suspends its 10-member coordinators team including its National coordinator, Event Coordinator and Publicity coordinators and all state and district coordinators.

All HINDRAF/Makkal Sakthi coordinators are instructed to refrain from issuing statements in the name of HINDRAF though they are free to express their personal opinions on any matters they choose.

In the interim should there be urgent needs to address any issues a 3 member interim committee consisting of the following persons have been named:

1) 1)Kannan – 012 269 0024

2) 2)Ganesan Velu – 012 5158762

3)Thana - 019- 3571820

A new committee of volunteers and working groups would be set up nationwide to meet the need of the Indian Community after consultations with the grass root supporters of HINDRAF/Makkal Sakthi.

P.Waytha Moorthy

CHAIRMAN

HINDRAF

Waytha suspends Hindraf's coordinators - Malaysiakini

Hindraf's London-based leader P Waythamoorthy has suspended the movement's 10-member coordinators with immediate effect and replaced them with a three-man interim committee.

Among those dropped from the line-up included the movement's national coordinator RS Thanendran who was helming the show for Hindraf locally while Waythamoorthy was leading from London.

Waythamoorthy has also put a gag order on these dropped coordinators.

p waythamoorthy"All Hindraf coordinators are to refrain from issuing statements in the name of Hindraf though they are free to express their personal opinions on any matters they choose," he said.

He also said that the reason for the change was to allow the movement to move forward with its original cause and aims.

The 10-member coordinators were appointed at the end of 2007 after Waythamoorthy had left the country to seek international lobby in the face of government arrests.

The movement's public face P Uthayakumar was detained under the Internal Security Act along with four other Hindraf leaders on December of 2007.

rs thanenthiranSince then Thanendran (photo) and the other nine coordinators have been keeping the Hindraf movement alive and relevant, including successfully turning the Indian voters to support the opposition in the 2008 general election.

However there have been complaints recently that the movement and some of its coordinators have become politically ambitious.

The final fallout was apparently the showdown the movement had with PKR's leader Anwar Ibrahim after he decided to pick someone from outside of Hindraf to contest for the Bukit Selambau state by-election early this month.

Hindraf supporters had originally proposed that Thanendran was given that seat.

Thanendran accepts decision

The matter came to a close only after a phone call from Anwar to Waythamoorthy, who then instructed his coordinators to stand down and throw their support behind PKR, which eventually won the by-election.

At the same time, there were other coordinators who had started acting on their own and without any coordination with the Hindraf leadership.

hindraf klang court sedition 261107 supporterWaythamoorthy told Malaysiakini today that he had to make the startling changes in order to keep Hindraf in the mainstay of fighting for the community's rights.

"Hindraf's struggle has entered a new phase where the situation in the country has qualitatively changed since our mass protest on Nov 25, 2007," he said.

He said that the needs, expectations, desire and the aspiration of the Indian community from Hindraf has developed beyond the initial demands and seeking the release of its leaders currently held under the ISA.

"In light of these developments and the need to restructure the working groups, Hindraf with immediate effect suspends its 10-member coordinators team including its national coordinator, event coordinator and publicity coordinators and all state and district coordinators," he added in a statement.

He also said that a new committee of volunteers and working groups would be set up nationwide to meet the need of the Indian community.

He said this would be done after consultations with the grassroots supporters of Hindraf/Makkal Sakthi.

When contacted Thanendran said he accepted Waythamoorthy' decision and that he will continue to fight for Hindraf's struggles.

"I will continue to back the movement. This is a good strategy to ensure that Hindraf remains apolitical in its struggles," he added.

Manikavasagam Launched Proton Exora

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15th April 2008- Manikavasagam, Kapar MP launched Malaysia’s second MPV (first Being Juara ) simultaneously with it’s Grand Launching by Prime Minister.

The event was held at Pantai Bahru Showrooms located along Jalan Meru (main) and another at Jalan Kapar. Also present Pantai Bahru Directors.

Matthias Chang warns Najib: Shape up or ship out

KUALA LUMPUR, April 17 — A Mahathir-era adviser has warned Prime Minister Datuk Seri Najib Razak to prioritise Malaysia's economy and restore it by July or face the same fate as his predecessor.

Matthias Chang said Najib and his administration have had five years of warming up or planning programmes and should swing into action immediately to make things right instead of still figuring out the strategies.

"What is the single-most important thing that you must do as captain and treasurer of the team to win the confidence and support of the fans? If you and your team do not know the answer, I suggest that you join the just retired captain and save us a whole load of aggravation," the former political secretary to Tun Dr Mahathir Mohamad wrote in his futurefastforward.com weblog yesterday.

"You have been warned!" Chang added ominously in the post titled “Is The New Captain Another Football Captain Just Warming Up? It May Be Worse, The Team (i.e. Advisers) Is Still In The Dressing Room!”

While not seen as influential, Chang is still a regular visitor at the Perdana Leadership Institute in Putrajaya where Dr Mahathir keeps his office. He is best remembered for organising a tea ceremony where Chinese leaders offered tea to Dr Mahathir in September 2001.

Dr Mahathir himself wrote yesterday that Najib's Cabinet contained several unsavoury characters although he congratulated the prime minister for not appointing Umno Youth chief Khairy Jamaluddin whom he called corrupt.

"As a government, you are expected to perform and perform well, so don't tell us that you will monitor your team's performance. You are the captain. Act like one!

"You better shape up fast or we will ship you and your team out!" Chang wrote in capitals while admonishing the country's sixth prime minister who took office two weeks ago.

Chang also chastised Najib for not offering anything new in his Cabinet.

"It is the same old team, with the same tactics, and the same cheer leaders. Can you just tell us what is new, different and really meaningful? And for heaven’s sake, don’t do or say anything that will remind us of the just retired captain, his arrogant son-in-law and their baggage.

"If you should utter again that the just retired captain is OK and you will look to him for advice, then all bets are off. We are tired of watching the same movie over and over again. Is this so difficult for you and your idiotic and opportunist advisers to comprehend?" he wrote.

He also questioned Najib for not being updated on the global financial crisis since becoming the finance minister, saying he should sack the advisers and officials at Bank Negara or Treasury if they kept giving wrong data and advice.

Chang also warned the prime minister that it was the efforts of “fans and critics” that got him the country's top job after Tun Abdullah Ahmad Badawi was forced to shorten the transition period from 2010 to March 2009.

"So how in the world can this new captain and his opportunist advisers claim that IT WAS THEIR STRATEGY THAT WROUGHT THE CAPTAINCY from the just retired captain?" he wrote.

He said the assumption was that Najib would be "more than grateful to the fans and critics" who did the job "to boot out the underperforming captain".

"To the utter consternation of the fans and critics, this new captain was not only ungrateful but worse, he has informed his opportunist ‘advisers’ (a carbon copy of the 4th Floor Boys) that he intends to appoint the moribund and just retired captain as his adviser," he added.

Zul Noordin slams Selangor for keeping Eli

By Neville Spykerman- The Malaysian Insider

KUALA LUMPUR, April 17 — Selangor Menteri Besar Tan Sri Khalid Ibrahim is facing the brunt of a budding backlash against keeping Elizabeth Wong in the state government despite the circulation of intimate photographs of her.

Distancing himself from the party's decision, Kulim MP Zulkfili Noordin said it reflected Selangor's disrespect to Wong's offer to resign from her executive council post and Bukit Lanjan seat.

"The decision by the mentri besar and Selangor government will add pressure on Eli. It is certain that there are parties who will take the opportunity to put pressure on Eli," Zulkifli wrote in his weblog on Wednesday, referring to Wong by her popular nickname.

Khalid on Wednesday announced that Selangor had rejected Wong's resignation from the Bukit Lanjan seat and the state executive council, two months after she tearfully left when the intimate pictures surfaced.

Zulkifli is no stranger himself to controversy after there was pressure for him to be dropped from PKR for barging into an interfaith forum organised by the Bar Council last year. But PKR has not taken any action against him.

"Eli chose to resign and had in fact resigned. That is her personal right. I am confident Eli knows and understands the problem she faces," he wrote in the post.

He criticised Khalid for basing his decision on the police failure to complete their investigations when "it is common knowledge that it had stalled because of the lack of cooperation from a suspect who has gone missing".

“My sympathies lie with Wong and I was the first to come out to defend her and to call for action against those who infringed on her personal privacy.”

However, he said sympathy for her and forcing her to continue were two separate issues.

“I hope the mentri besar and his administration will reconsider the decision,” said Zulkifli.

Sivarasa: No doubt over resignation

(The Star) PETALING JAYA: There is no reason to doubt the authenticity of Mohammad Fairus Khairuddin’s press statement announcing his resignation as it bore his signature, PKR vice-president R. Sivarasa said.

“Unless someone comes out to say that he was forced to sign it, there is no reason to believe otherwise,” he said.

He was asked to comment on the circumstances of Fairus’ resignation. His statement, although signed, was not dated and was forwarded to the media by PKR headquarters here.

Asked for more details pertaining to the chronology leading to the resignation, Sivarasa said it was an internal matter of the party.

When contacted, Penang Chief Minister Lim Guan Eng’s press secretary Cheong Yin Fan claimed that Lim was not aware of Fairus’ resignation.

“You will have to ask Anwar,” she said, referring to PKR de facto leader Datuk Seri Anwar Ibrahim. Lim is currently not in the country,

PAS secretary-general Datuk Kamaruddin Jaafar, meanwhile, said the party would naturally help PKR retain the Penanti state seat.

He said the cooperation between the three parties of the Pakatan Rakyat pact was now tested, having gone through four by-elections throughout the country previously.

He said the basic principle was since this was a PKR seat, the party would take the lead in campaigning.

Mahathir playing for very high stakes - attacks “several unsavoury characters” in Najib Cabinet

By Lim Kit Siang

Former Prime Minister, Tun Dr. Mahathir Mohamad has opened fire on the Najib premiership, expressing his disappointment that Datuk Seri Najib Razak’s Cabinet appointments include several “unsavoury characters”.

In his blog, Mahathir said the inclusion of these “unsavoury characters who had been accused of being corrupt while in the previous government” had negated any desire to rid Umno of blatantly corrupt politicians.

Mahathir said the Najib administration should be aware it has less than three years to regain the support of the public and that it had missed a good opportunity for regaining public backing for BN by “excluding dubious characters.”

Mahathir’s disapproval of the Najib Cabinet has intensified in a matter of days.

Only last week, Mahathir was prepared to give grudging approval for the Najib Cabinet, describing it as “more or less graft free” and praise for Najib – that he “did very well by dropping most of the people who have been accused of corruption, although one or two slipped in”.

By yesterday however, the “one or two” has ballooned to “several unsavoury characters who had been accused of being corrupt while in the previous government” – although it is not clear whether he meant only the Abdullah premiership y or included his own premiership as well!

Be that as it may, as 25 of the 29 Ministers in the Najib Cabinet had been in a previous government, which is a high percentage of over 86 per cent for such a small group of people, the integrity of every Minister is impugned and everyone of these 25 Ministers must clear their reputation, whether by challenging Mahathir to publicly name the “unsavoury characters” in the Najib Cabinet or collectively taking the former Prime Minister to court for defamation.

The Mahathir attack on “unsavoury characters” and “dubious” personalities in the Najib Cabinet is the latest in a lengthening list of at least 20 setbacks suffered by Najib in the first two weeks of his premiership. I will enumerate these setbacks at a DAP dinner in Kulai tomorrow.

In just two weeks, the momentum of euphoria and “feel good” factor of a new Prime Minister has fast dissipated.

It has enabled Mahathir to adopt a “holier than thou” stance, writing in his blog: “From the complaints I hear today, corruption especially in the government party has reached record levels during the tenure of the last PM.”

This is supreme irony. When Datuk Seri Abdullah Ahmad Badawi succeeded Mahathir as Prime Minister in October 2003, he came in as “Mr. Clean” and was given an unprecedented mandate in the March 2004 general election to be a modern-day Justice Bao “to clean up the Augean stables”.

But Abdullah not only failed to “walk the talk” to wage an all-out war against graft, corruption became even worse to allow his predecessor to now turn the table against “Mr. Clean” and declare with a straight face that “corruption especially in the government party has reached record levels during the tenure of the last PM”.

Mahathir’s indictment cannot be denied as this is also borne out by Malaysia’s worsening ranking in the Transparency International’s Corruption Perception Index with its precipitous fall from No. 37 in 2003 to No. 47 in 2008.

However, Mahathir is the last person with the moral right and integrity to pass judgment on the rampant corruption in Malaysian public life today, as it was during his 22-year premiership that the rot in Malaysian public life and national institutions set in to reach the present-day dimension and magnitude.

But Mahathir is playing for very high stakes - not only in determining the men and women in the Najib Cabinet but also as the eminence grise in the Najib government for the full-throttled return of Mahathirism, including the restoration of the multi-billion ringgit “crooked scenic half-bridge” to replace Malaysia’s half of the Johore-Singapore causeway.

Not just ISA

By Zedeck Siew
thenutgraph.com

PETALING JAYA, 17 April 2009: Even though the focus has been on the Internal Security Act (ISA), civil society groups and a think tank say there are two other laws that also allow the state to detain someone without trial.

Suaram coordinator Nalini Elumalai said the two other laws were the Emergency (Public Order and Prevention of Crime) Ordinance 1969, and the Dangerous Drugs (Special Preventive Measures) Act 1985.

"We call on the government to repeal these laws," Nalini said in a phone interview with The Nut Graph.

"We don't see why the Emergency Ordinances, for example, is still in place as Malaysia is no longer in a state of emergency," Nalini said, adding that these laws should not have been passed in the first place.


Ng (Pic courtesy of Ng Yeen Seen)
Sedar Institute deputy director-general Ng Yeen Seen agreed that all three laws that allow for detention without trial should be looked into. "But reviewing all three would take a long time," Ng said in a phone interview.

"Therefore, we recommend that the Home Ministry push for a parliamentary select committee to be appointed, to look into all such laws."

Ng said such a move would be a long-term effort. In the meantime, she said, the government should undertake a "total review" of the ISA.

Ng added that the Gerakan political think tank was against the use of the law for politically motivated detentions. Penang Gerakan chairperson Datuk Dr Teng Hock Nan had previously said the party was "strongly against the ISA, especially when it involves detention without trial."

"The ISA should be replaced by an Anti-Terrorism Act," Ng suggested, saying that this would be more in line with the spirit of the ISA, which was implemented to protect Malaysians against terrorists.

The Nut Graph was unable to secure an interview with Home Minister Datuk Seri Hishammuddin Hussein for comment. However, on 14 April, Hishammuddin was quoted as saying the ministry would consult stakeholders and non-governmental organisations in reviewing the ISA.

He was responding to an earlier announcement by Prime Minister Datuk Seri Najib Razak, who pledged to review the ISA after releasing 13 ISA detainees on 5 April.


V Ganabatirau of the Hindu Rights Action Force (Hindraf) being brought
out of the Kamunting detention centre on 5 April. He had been detained
under the ISA since 13 Dec 2007 (Pic by Raj Kumar, courtesy of theSun)

However, Hishammuddin had said the ministry would give priority to national interest and safety when reviewing the law. He also stressed that a review on the ISA should not contradict other statutes that allow for detention without trial.


Need for judicial review

Bar Council constitutional law committee chairperson Edmund Bon said "ouster clauses" in laws such as the ISA should be removed.

"The government must allow for actions carried out to be challenged on substantive grounds. They should be able to be reviewed by the courts.

"A minister must also justify his [or her] case publicly," Bon said.

Section 8B of the ISA states that "there shall be no judicial review in any court ... and no court shall ... exercise any jurisdiction" over "any act done or decision made" by the home minister in the exercise of his or her discretionary power in accordance with the Act.

"Before the minister makes an order, the individual should have the right to be heard," Bon said, adding that such a hearing could be done before an independent body that would make recommendations to the minister.

"At present, the minister makes up his [or her] mind based on police investigations or other intelligence sources. It is a subjective exercise of his [or her] discretion. There is no opportunity for the individual to present his or her side of the story and challenge the evidence presented to the minister.

"These are procedural measures that can be applied, in the event that our government wants to continue the policy of administrative detentions without trial," Bon said.


Bon (Pic courtesy of Edmund Bon)
But, he noted, all these measures fall short of the ideal.

"Where the matter of fundamental liberties are concerned, the Bar Council has been very clear in insisting that things must be carried out through the normal court process. Namely, by criminal prosecutions in a fair, open and public trial."

Bon stressed that detained individuals should always be charged and have access to defence counsel.

Absolute discretion

Beyond detentions without trial under the three laws, there are many other matters in which ministers are, by law, given absolute discretion. One such example was the Pengurusan Danaharta Nasional Bhd Act, Bon said.

"The Immigration Act [also] empowers the minister to do all sorts of things, including detaining undocumented persons at will, in horrible conditions, in immigration camps," he added.

Moving Communications To My Ministry Good Step - Dr Rais

PUTRAJAYA, April 17 (Bernama) -- Minister of Information, Communications and Culture Datuk Seri Dr Rais Yatim said moving the communications portfolio to his ministry was important in terms of giving powers and duties.

He said this was because the ministry needed a wider scope in terms of its spread over the country in nation building and the people's development.

"When the prime minister announced (the concept of) 1Malaysia, this required all aspects of the nation and the government to work together.

"We cannot, as the prime minister said, work as usual but need to pool energies, have integrity, be ready and be productive," Rais said at a handing-over-of-duties ceremony here today.

He received the handing-over papers from former Minister of Energy, Water and Communications Datuk Shaziman Abu Mansor.

Shaziman, who is now the Works Minister, in his speech said the rate of extending broadband services to each household had reached a level of 21 per cent and the target under the National Broadband Plan was to achieve 50 per cent by the end of 2010.

Eli Wong returns

Samy: MIC to remain in Najib's cabinet

Another 121 (1a)

Dr M says Najib’s Cabinet has “unsavoury characters”

By Leslie Lau- The Malaysian Insider

Consultant Editor

KUALA LUMPUR, April 16 — Tun Dr Mahathir Mohamad has expressed disappointment that Datuk Seri Najib Razak’s Cabinet appointments include several “unsavoury characters.”

Writing in his blog today, Dr Mahathir said the inclusion of these “unsavoury” personalities had negated any desire to rid Umno of blatantly corrupt politicians.

Dr Mahathir’s remarks suggest his shadow will loom large over the new prime minister, just as it did over Tun Abdullah Badawi’s administration.

Malaysia’s longest serving PM had quit Umno last year after falling out with Abdullah. He rejoined the party a day after Najib became PM in what appeared to be an endorsement of the new administration.

But Dr Mahathir, who has denied being offered any posts as advisor to Najib, had said he would continue criticising the Barisan Nasional (BN) administration if he felt the new prime minister made any mistakes.

True to his word, the former PM wrote in his blog today of his opinion that “several unsavoury characters who had been accused of being corrupt while in the previous government” had been included in Najib’s cabinet.

He did not name the ministers, but it is apparent Dr Mahathir was signalling to Najib his wish for ministers associated with Abdullah to be removed.

“The exclusion of Khairy Jamaluddin, the Umno Youth head who was found guilty of corruption by the Umno disciplinary committee, seems to indicate a desire on the part of the new prime minister to rid Umno of the blatantly corrupt politician.

“Unfortunately the inclusion of several unsavoury characters who had been accused of being corrupt while in the previous government, seem to negate this desire,” he wrote on his popular chedet.cc blog.

The administration, he said, should be aware it has less than three years to regain the support of the public.

He said Najib’s government had missed a good opportunity for regaining public backing for BN by “excluding dubious characters.”

Pressure from Dr Mahathir is the last thing Najib needs now as he is already facing problems on multiple fronts.

Najib’s 1Malaysia concept has come under fire amid some racial tensions stoked by a significant sector of the Malay ground who are unhappy with what they see as unreasonable demands from non-Malays.

He is also busy trying to quell a revolt in Terengganu against the BN mentri besar.

But his foremost challenge has been to try to turn around a softening economy.

He will now have to contend with criticisms from Dr Mahathir.

Dr Mahathir said that in his administration, ministers, their deputies and mentris besar were all required to declare their assets.

“But the declarations did not reveal much. Some ministers were queried by the then Anti-Corruption Agency but no charges could be made.

Still talks about corrupt mentris besar and chief ministers in particular were frequently heard.

No one was prepared to come forward to give evidence.

“In the end I had to simply drop the MBs whom I heard were corrupt. No charges were made against them as they would not stand up in a court of law,” he wrote.

What mattered, he claimed, was that the level of corruption during his time as PM was never high and did not hamper the implementation of government projects and did not result in abuses of ministerial power.

“I don't believe that corruption can be totally eradicated. But it can be minimised.

“From the complaints I hear today, corruption especially in the government party has reached record levels during the tenure of the last PM,” he claimed.

Malaysians - political maturity or mutation?- Malaysiakini

I think Malaysians deserve Umno and its lackeys to run us because we cannot see beyond ourselves as we continue to question every action with a myopic thought.

Yes, it is a freedom of thought but an individual subjectivity cannot hold its ground if it objectively does not serve the common cause of humanity in Malaysia. One then actually becomes a hypocrite.

Sure, you are oppressed in your own ways as I am but here it is not about you and me but a collective social consciousness that can permeate our society for the well-being of the whole community through collective self-conscious action.

Now, you ponder for yourselves. If Raja Petra Kamaruddin, Bersih and Hindraf did not come along to change our mindset for the goodness of society, we would have continued with our beloved BN as seen in the mandate given to them in 2004.

The check and balance in the society can only appear if we all participate, yet on March 8, 2008 our mindsets did not allow it and because of our fear and our inaction subjectively, BN is at still at the helm.

All that transpired after March 8, 2008 showed that the people are awakened and that is why the opposition keeps winning all the by-election. The infusion of information has now probably begun to change the mindset of individuals to accept that unless we individually change, it is the same all story.

Let's take Hindraf as an example. We say that it should stay apolitical, yet with all the controversy in Bukit Selambau, everyone was upset with Hindraf until they threw their support behind Pakatan Rakyat.

Now Hindraf, says it will give Najib 100 days to show what his administration can do to help the underprivileged and oppressed segment of society. Some quarters are also upset. But isn't this an apolitical stance?

I think, it is we who are political as we keep swinging right to left according to the tide without actually understanding the repercussion for the society in the long run.

As long as we are fine individually with a zillion questions and an attitude to satisfy our own alter egos as opposed to the benefit of the society, we don't bother.

Nobody is perfect nor can one judge what is perfectly right unless and until we can quench our own desire without fear and expectation to think and act beyond the box for the society at whole collectively as opposed to our own needs.

Is it your political maturity or mutation? This can only be answered by you as you have lived it. Either way, humanity survives.

A Judge Indicts the Malaysian Judiciary

Way back 15 years ago, I turned up on the courts beat, as a frightened rookie scribe. Just my luck, I thought, that my first day on the beat and I get to follow my senior into the intimidating Court of Appeal.

The proceedings seemed so hushed that my racing heartbeat seemed louder than the judges’ words. There were three robed blokes up there.

My senior told me who they were. Mahadev Shankar, Gopal Sri Ram and N.H Chan. The names stayed with me over the years.

Today N.H Chan’s name came up again in a brave stand that reminded me of the heydays, of the guy dubbed Lion of Law, Justice Eusoffe Abdoolcader (tragically deceased).

Retired Justice N.H Chan could have shut up and spent his retirement in peace. But such are the ways of the men of conscience. Men who still thought the law should be about upholding justice.

judgingthejudges

Today, this learned judge stood up to expose, yet again another evidence of the prostitution of the Malaysian judiciary.

The hallowed halls of the judiciary were stained 20 years ago, with the intervention of the executive, but that doesn’t make it any easier for me to read of this mockery. Read it. Here’s a guy who is firing his salvos with such bullets as established legal precedents. LOCAL legal precedents, mind you.

I can’t resist stealing some juicy paragraphs from the link above. This is calling a spade a spade, a rotten judge, well…A ROTTEN JUDGE!

I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the Internet. You will know he is a bad judge if he behaves unfairly to one side as against the other. It is your perception as a member of the public that matters and not what the judge thinks of himself.

A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench. The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.

Article 72, Clause (1) of the Federal Constitution clearly states:

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

Yet Mr Justice Balia Yusuf Wahi, who knew that the Speaker’s order which was made in the Legislative Assembly was a proceeding in the Legislative Assembly, dismissed the Speaker’s application to strike out the summons of the three turncoat assemblymen who were asking the court to question the validity of what the Speaker had done in the Assembly.

As you know what the Speaker did in the Assembly, rightly or wrongly, is not to be questioned in any court. Isn’t what the judge had done by dismissing the Speaker’s application to strike out the turncoats’ summons, not administering justice according to law? The judge had gone against the Constitution of Malaysia which is the supreme law of the land. What do you call a judge who has defied the law of the land? A renegade judge? - The Malaysian Insider

So, what Justice N.H Chan is saying essentially is that Justice Balia Yusuf Wahi has gone against the Malaysian Constitution.

According to our laws essentially, the Perak Speaker’s decision in Assembly is not something that can be challenged by any court. Justice Balia Wahi effectively ruled he can.

Bad judgement. Bad judge. Dangerous precedent. Taking the Malaysia Boleh spirit to murky depths don’t you think?

I’m no legal scholar. I’m an interested layman. What this tells me is that if an elected representative of the people, that too a Legislative Assembly Speaker (and himself a lawyer), can’t depend on the judiciary to uphold the letter of law, and justice, WHAT HOPE DOES AN ORDINARY MALAYSIAN HAVE?

Cry, Malaysia! This is the depths our so-called guardians of peace, freedom and democracy have reduced to. Right-minded individuals, pillars of society, people who stand up to question the wrongs committed, are sued, intimidated or bribed into silence.

And those who still won’t keep quiet, will have their compromising pictures circulated or be victim of sting operations. Hey, we have demonstrated that Malaysians are way up there with the world’s best when it comes to political skullduggery.

I don’t want this shameful state of affairs to continue. Neither do millions of Malaysians who voted the other way last year.

We have no other recourse but to seek change through the ballot box. 82 seats in Parliament has resulted in many cans of worms being opened. There are more, much much more.

All these wrongs have to be righted. They can only be righted if you choose to participate as citizens. Go and register as voters. And vote for change.

This country deserves much better.

link:- http://dansemacabre.wordpress.com/2009/04/16/a-judge-indicts-the-malaysian-judiciary/

It’s called consensus, stupid!

Image

Apalah Melayu Umno ni bodoh sangat. Tak paham lagi ke? Kayu sungguh! Nobody is anybody’s puppet here. Okay? This is called democracy, something you will never understand in a million years. And the democratic way is to rule by consensus, not by strong-arm and bully tactics a la Umno.

NO HOLDS BARRED

Raja Petra Kamarudin

Read the piece below that was featured in the New Straits Times today. This Umno mouthpiece is tying to provoke DAP by insinuating that Lim Guan Eng is not really in charge of Penang but in fact Anwar Ibrahim is.

This is exactly what you would expect from the New Straits Times and its sister-newspaper, Utusan Malaysia. Their job it to drive a wedge between the three Pakatan Rakyat members plus split the Malays and non-Malays and bring them to the brink of another May 13.

These people should be hanged upside down from the tallest tree and their bodies allowed to rot in the sun. Just a few weeks ago they campaigned in Bukit Gantang saying that Nizar Jamaluddin is a boneka (puppet) of the DAP. Now, Lim Guan Eng is supposed to be a boneka of PKR. What next? Khalid Ibrahim is a boneka of PAS?

Umno and its lackeys must get one thing very clear. Pakatan Rakyat rules by consensus. For those who learned Bahasa Inggeris in Bahasa Malaysia, consensus means sebulat suara. Sebulat suara means one voice. One voice means all must agree before they do things.

This concept, of course, is very difficult for Umno to understand. Umno’s concept is as follows. We, Umno, the defenders of Ketuanan Melayu, decide and MCA, MIC, Gerakan, etc., nod their heads and agree or else they can go back to China or India or whatever. That is Barisan Nasional’s interpretation of consensus.

Pakatan Rakyat already announced this during the Kuala Terengganu by-election campaign. Pakatan Rakyat will not make any policy decisions (even those involving Hudud or the Islamic State) unless unanimously agreed by all the three partners. Not two out three. All three. That is the deal.

Umno can’t seem to understand this. So they keep raising issues about Nizar being DAP’s boneka and Guan Eng being PKR’s boneka and so on. No one is anybody’s boneka! Get it? It is just that no one wants to act like Umno who decides on behalf of all the 14 members of Barisan Nasional what to do while telling all the rest to go to hell. That is not Pakatan Rakyat’s style. And this was announced during the Kuala Terengganu by-election.

Apalah Melayu Umno ni bodoh sangat. Tak paham lagi ke? Kayu sungguh! Nobody is anybody’s puppet here. Okay? This is called democracy, something you will never understand in a million years. And the democratic way is to rule by consensus, not by strong-arm and bully tactics a la Umno.

*************************************************

Is Guan Eng in charge of state or Anwar?
New Straits Times, 16 April 2009

Barisan Nasional component party leaders have lashed out at Chief Minister Lim Guan Eng for not keeping to his promise to announce the candidate for the deputy chief minister (DCM) I post yesterday.

They want to know who is in control of the state: whether Lim is still in power or de facto Parti Keadilan Rakyat leader Datuk Seri Anwar Ibrahim.

State Umno secretary and state opposition leader Datuk Azhar Ibrahim said that Lim, as chief minister, had the prerogative to name his deputy.

"I do not understand why he must kowtow to Anwar? Why can't he decide on his own?

"The million dollar question which now begs for an answer is who is the real chief minister of Penang?" he told the New Straits Times.

Lim was reported to have said the DCM I post would remain vacant for the time being to give Anwar more time to resolve the party's internal issues.

State Gerakan chairman Datuk Dr Teng Hock Nan said the issue showed that the Pakatan state government was in a state of disarray.

"It looks like Lim is not in control of the state government any more. He has also reneged on the competency, accountability and transparency-style of administration which he continues to advocate."

Dr Teng said the appointment was an important one to help Lim and others in the state executive council to address pressing issues at hand, such as the global economic crisis.

State MCA executive adviser Lau Chiek Tuan felt it was sufficient for Penang to have one deputy chief minister.

"If Lim insists in wanting another deputy, he should decide on the matter and not leave it to Anwar."

The DCM I post was left vacant after Mohamad Fairus Khairuddin tendered his resignation on March 22. The resignation took effect on April 8.

The two contenders for the post are Batu Maung state assemblyman Abdul Malik Abul Kassim and Sungai Bakap state assemblyman Maktar Shapee.

FAIRUS VACATES PENANTI STATE SEAT

The State Assemblyman for Penanti in Penang, who was former Deputy Chief Minister 1, Mohammad Fairus Khairuddin of Parti KeADILAN Rakyat has quit his State Assembly seat at Penanti today, paving a way for a fresh State elections.

Another very interesting by-election with the people in Penanti getting 'goodies' from the Barisan Nasional, with the hope of regaining victory.

picture courtesy of Malaysiakini

BN biggest “ethnic prison” - why Najib Cabinet failed 1st KPI over Utusan’s inflammatory “Bangkitlah Melayu” headline

By Lim Kit Siang,

Nobody doubts that if the Chinese and Tamil press had yesterday published on their front page the headlines “Chinese Arise” and “Indians Arise” respectively like Utusan Malaysia’s front-page headline “Bangkitlah Melayu”, followed by a report calling for greater unity among the race to face the other races, this will be a major and instant agenda in yesterday’s first meeting of the Najib Cabinet meeting followed by dire consequences for the Chinese and Tamil newspapers concerned.

No Minister will raise any objection that stern and immediate action be taken against the Chinese and Tamil papers for publishing such inflammatory and racist material, especially as it would be making a complete mockery of the overarching philosophy of the new Prime Minister, Datuk Seri Najib Razak announced only 12 days earlier.

Why then the double standards by the Najib Cabinet as the chauvinistic and inflammatory Utusan Malaysia front-page headline and report were not raised at all at yesterday’s meeting?

After the Cabinet meeting yesterday, Najib called on Malaysians to break away from being in an “ethnic prison” and to think as one.

Unfortunately, the biggest “ethnic prison” in the country is none other than the Barisan Nasional, and this is why the Najib Cabinet could not break out from the four walls of the “ethnic prison” yesterday to act boldly and decisively to stop Utusan Malaysia from purveying communal poison which can only destroy all public credibility for Najib’s 1Malaysia concept.

Malaysians are entitled to ask why the “Monitor Minister”, “Super-Minister” Tan Sri Dr. Koh Tsu Koon had held his silence when the Najib Cabinet failed its first KPI (key performance index) test – allowing Najib’s overarching philosophy of 1Malaysia to suffer a major blow when nothing was done with regard to Utusan Malaysia’s communal and inflammatory “Bangkitlah Melayu” front-page headline and story.

Who now are being incarcerated in the “ethnic prison” of Barisan Nasional?

Penang Tamil Schools received 1.5 million

tamila schools

Penang chief minister Lim Eng Guan handed RM 1.5 million to 28 Tamil Schools in the state and promised that the People’s Alliance government will provide annual grants for Tamil Schools growth. Makkal Osai Thursday, April 16, 2009

Permatang Pauh II

By Anil Netto,
Just when you thought it was safe to take a break from by-elections, another one is in the air - in the Penang state assembly seat of Penanti, which falls within Anwar’s parliamentary constituency of Permatang Pauh.

This follows the reported resignation of Penang Deputy Chief Minister Fairus from his state assembly seat.

On paper, Penanti should be an extremely safe seat for the PKR if they don’t mess up big time - though the BN is sure to highlight the issues surrounding his resignation. In the 2008 general election, Fairus trounced his Umno rival by a 7,346 to 667 scoreline. The idllyic semi-rural area is predominantly Malay (73 per cent) with the remainder mostly Chinese.

If you are suffering from by-election fatigue, consider the PKR leaders. They have been involved in campaigns for three by-elections since 8 March, diverting their attention from the governance of the states they have been entrusted with.

PKR is obviously hoping to put the unhappy Fairus saga, which has been a source of embarrassment for the party, behind it; it is anxious to come up with a candidate that would put the party in a more favourable light in the state government leadership. One person being talked about as a possible candidate is Penang PKR deputy chief Dr Mansor Othman, a former university lecturer.

At first glance, much is at stake: the position of Deputy Chief Minister I in Penang, which apparently has been “reserved” for a PKR candidate, under the Pakatan’s power-sharing arrangement.

But then again, to what extent will a new deputy CM affect the ordinary lives of Penangites, who are already feeling the effects of a slump in demand for its electronics exports?

What is needed is a radical reorientation of the state’s development framework to make it more sustainable and self-reliant with an increased focus on food security and affordable housing.

Court: Sivakumar has no power to suspend Zambry, excos

The Star

PUTRAJAYA: The Federal Court ruled Thursday that Perak Assemby Speaker V. Sivakumar did not have the power to suspend Mentri Besar Datuk Dr Zambry Abd Kadir and his six executive council members from the assembly.

The Court then lifted the suspension on Dr Zambry and his six executive council members and said the seven could attend the next assembly sitting.

Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired the five-man panel Thursday said that the decision was "unanimous".
Meanwhile, Dr Zamby said that the notice calling for state assembly would be issued Friday or next week.

Perak Speaker V. Sivakumar suspended Mentri Besar Datuk Dr Zambry Abd Kadir and his six excos from all State Assembly sittings for 18 months in February soon after Barisan took over Perak and appointed Zambry as new mentri besar.

State power moved from Pakatan Rakyat to Barisan Nasional when three Pakatan state assemblymen quit the party and became Barisan-friendly independents, tilting the power in favour of Barisan.

Barisan then obtained the Sultan of Perak’s assent to Dr Zambry as the new Mentri Besar and the six as excos.

Pakatan questioned the legitimacy of Dr Zambry as mentri Besar and the matter went court.

Kenyataan Akhbar Perletakan Jawatan YB Fairus Khairuddin

THE NEW CABINET LINE-UP


1. I would like to congratulate the new Ministers and Deputy Ministers chosen by Dato Seri Najib.

2. The exclusion of Khairy Jamaluddin, UMNO Youth head who was found guilty of corruption by the UMNO disciplinary committee but allowed to contest for head of UMNO Youth seem to indicate a desire on the part of the new Prime Minister to rid UMNO of the blatantly corrupt politician.

3. Unfortunately the inclusion of several unsavoury characters who had been accused of being corrupt while in the previous Government, seem to negate this desire.

4. The Government must know that it has less than three years to regain the support of the people. A good opportunity for doing this by meticulously excluding dubious characters has been partially overlooked.

5. Ministers and Deputy Ministers are required to declare their assets during my time. So are the Menteris Besar and Chief Ministers.

6. But the declarations did not reveal much. Some Ministers were queried by the then Anti-Corruption Agency but no charges could be made.

7. Still talks about corrupt Menteris Besar and Chief Ministers in particular were frequently heard. No one was prepared to come forward to give evidence.

8. In the end I had to simply drop the MBs whom I heard were corrupt. No charges were made against them as they would not stand up in a court of law.

9. What matters is that the level of corruption among Ministers and civil servants was never high before and did not hamper the implementation of Government projects and did not result in abuses of Ministerial power.

10. I don't believe that corruption can be totally eradicated. But it can be minimised. From the complaints I hear today, corruption especially in the Government party has reached record levels during the tenure of the last PM. Certainly everyone is aware as never before of the corruption of the candidates for the UMNO Supreme Council. The results of the enquiry by the Disciplinary Committee are hardly satisfactory. But a committee member has said that the enquiries would go on.

11. I hope there will be no cover-up whether by the UMNO Disciplinary Committee or by the Malaysian Anti-Corruption Commission even if the corruption involves big names in the Government.

Why is Penanti reminding me of Changkat Jering and Behrang?

I have some concerns about Penanti.

Somebody under MACC investigation, a resignation pre-emptively announced by the party rather than the individual….. sound familiar?

Well, I’m not ‘in the loop’ or anything and could be tooootally wrong, but looking at things, let’s just say I won’t be too surprised if the next thing you hear is Fairus coming out to deny that he has resigned the Penanti seat.

I suspect it will come down to who has more leverage over Fairus, BN or PR.

Many people are likely to complain about the quality of PR, and especially PKR candidates. This is an understandable grouse, but I guess we should keep in mind how thinly stretched the party was in GE12, and how Perak demonstrated just how far BN is willing to go to wreck havoc within PR.

That said, let’s hope for candidates with more impeccable integrity next time round yes?

ps- Speaking of Perak, the Federal Court’s decision is unsurprising (what can we expect of Augustine Paul), but still disappointing. Will wait for further details of the judgment.

PKR Wants To Find Deputy CM In Penanti

KUALA LUMPUR, April 16 (Bernama) -- Umno Supreme Council member Datuk Dr Awang Adek Hussin said the Penanti state by-election in Penang is just an avenue for the Parti Keadilan Rakyat (PKR) to find a candidate for the post of Penang Deputy Chief Minister I.

Awang Adek, who is Second Finance Minister, said PKR advisor Datuk Seri Anwar Ibrahim had been saying that he would announce the candidate for the post but he had not done so.

"An unnecessary by-election is a waste of public fund as each time a by-election is held, a huge amount of money has to be spent," he told Bernama when asked to comment on the resignation of Penanti assemblyman Mohammad Fairus Khairuddin Thursday.

He said that the move by PKR would not only burden the people but also disrupt the service to the people.

"When there is a by-election, it will become the focus of attention and this will divert our attention from serving the people because we will then be preoccupied with the by-election," he said.

Another Umno Supreme Council member Dr Mohd Puad Zarkashi said PKR was a party that practised double standards.

He said that in the case of the PKR Selangor assemblymen for Bukit Lanjan Elizabeth Wong, PKR persuaded her to stay on but the same cannot be said of the way the party treated Mohammad Fairus.

Umno Youth vice-chief Datuk Razali Ibrahim felt that the PKR was just using the upcoming by-election to reassure itself about whether the party still had the support in the area.

One Malaysia: Screenshots on Associated Press

By Jeff Ooi

PM Najib Razak's campaign to promote racial harmony through One Malaysia received a jolt after Umno-owned Utusan Malaysia urged the Malay majority to "rise and unite" against demands by ethnic minorities, Associated Press reported yesterday.

The story was picked up by e-Taiwan in which this blogger was quoted:

Jeff Ooi, an ethnic Chinese opposition member of Parliament, wrote on his popular blog Wednesday that Utusan Malaysia's article illustrated how Najib's "One Malaysia" slogan "is indeed different things to different people until Najib can define it properly."

Subsequently, Najib had to meet senior editors last night and Utusan was forced to run a damage control story today.

But again, after two weeks in office, what really is Najib's One Malaysia? Another Malaysia Boleh?

Hindraf leaders' bid for freedom rejected- Malaysiakini

Hindraf legal advisor P Uthayakumar today failed in his two separate bids to seek a release from the ISA detention in Kamuning detention centre.

In the morning, the Federal Court struck out an appeal by Uthayakumar and two other Hindraf leaders to be released from detention.

And later in the day, the Kuala Lumpur High Court similarly rejected his habeas corpus application to be released from the detention-without-trial.

hindraf isa detainee r kenghadharan and v ganabatirau released 060409Uthayakumar and four others - M Manoharan, K Vasantha Kumar, R Kengadharan and V Ganabatirau - were all detained on Dec 13, 2007 for their role in Hindraf in mobilising the Indian community to protest against the government over their plight.

Kengadharan and Ganabatirau were however released along with 13 other ISA detainees on April 5 as part of Prime Minister Najib Abdul Razak first gesture after becoming the premier.

The matter in the Federal Court was an appeal against an earlier High Court decision in rejecting the application of all five to be released.

At the start of the hearing this morning, the lawyer for the Hindraf detainees Karpal Singh applied for the freed duo to be removed from the appeal, which the apex court allowed.

After that judges Nik Hashim Nik Ab Rahman, S Augustine Paul and Hashim Yusoff heard the appeal and dismissed it unanimously.

The judges said they would be delivering their grounds of judgment at a later date, much to the disappointment of Karpal.

This appeal at the Federal Court was against a decision by the Ipoh High Court on May 30 last year to reject their leave for freedom.

Their application was based in their challenge against the validity of the king's order confirming the recommendation of the ISA advisory board for extension of their detention on and after March 26 last year.

Karpal told reporters outside the court that he would file for a review of today's decision.

"I did not come here just to hear the appeal being dismissed and that grounds would be given later," he said.

"I have to apologise to the family members and Hindraf supporters who are here today to listen to the grounds but none given," he added.

He said the court should have delivered the grounds of judgment today as it had ample time to prepare the judgment as the last proceedings were on March 11.

Health grounds unaccepted

Later in the afternoon, Uthayakumar's sole application to be released on the grounds of his health was similarly rejected.

uthayakumar hindraf taiping hospital 170209 02His application was on the grounds that he needed medical treatment for his fractured toe which he had suffered since January.

Judicial Commissioner Azman Abdullah made the decision in allowing the preliminary objection made by deputy public prosecutor Najib Zakaria

Najib's objection was based on the principles of res judicata (a matter already decided) as one of Uthayakumar's earlier habeas corpus applications was also rejected based on the lawyer's medical condition of being a diabetic.

Azman also accepted the second ground of preliminary objection that a person could not apply for a release from detention based on medical grounds.

"I allow the preliminary objection and hence dismiss the application," he said.

Uthayakumar was represented by counsel N Surendran.

The 47-year-old Uthayakumar had filed his habeas corpus application due to the fractured toe which he has been suffering since January, made worse by his diabetes.

Surendran said he would seek further instructions but is likely to file an appeal over the decision.

All three detainees were not present in court today.

1Malaysia cabinet caught in 'ethnic prison'- Malaysiakini

What would happen if Chinese and Tamil newspapers had emblazoned ‘Chinese Arise’ or ‘Indian Arise’ headlines on their frontpage?
MCPX

That’s the question which is being asked by veteran opposition leader Lim Kit Siang.

Yesterday, Umno-owned Utusan Malaysia ran a frontpage headline ‘Bangkitlah Melayu’ in a report which called for greater Malay unity in challenging the demands of other races.

utusan bangkitlahh melayu front page 150409Lim, who is DAP supremo and Ipoh Timur parliamentarian, wants to know why this issue was not raised at Prime Minister Najib Abdul Razak’s first cabinet meeting yesterday.

According to Lim, if other newspapers were to do what Utusan had done, it would a key agenda at the cabinet meeting, and this would be followed by “dire consequences for the Chinese and Tamil newspapers concerned”.

“No minister would raise any objection that stern and immediate action be taken against the Chinese and Tamil papers for publishing such inflammatory and racist material...,” added Lim in a statement today.

‘Utusan purveying communal poison’

The opposition leader noted that Najib, after the cabinet meeting, had called on Malaysians to break away from their “ethnic prison”.

“Unfortunately, the biggest ‘ethnic prison’ in this country is none other than Barisan Nasional, and this is why the Najib cabinet could not break out from the four walls of the ‘ethnic prison’ yesterday to act boldly and decisively to stop Utusan Malaysia from purveying communal poison which can only destroy all public credibility for Najib’s 1Malaysia concept.”

In the Utusan report, a number of top politicians were asked for their views on the need for Malay unity.

“We cannot let only one side win. If we want to satisfy whatever they (other races) want, we should not give away what is rightfully ours,” Selangor opposition leader Dr Mohd Khir Toyo said.

A Young Pulsar Shows its Hand

By Chandra.Harvard.Edu.

PSR B1509-58
Credit: NASA/CXC/SAO/P.Slane, et al.

A small, dense object only twelve miles in diameter is responsible for this beautiful X-ray nebula that spans 150 light years. At the center of this image made by NASA's Chandra X-ray Observatory is a very young and powerful pulsar, known as PSR B1509-58, or B1509 for short. The pulsar is a rapidly spinning neutron star which is spewing energy out into the space around it to create complex and intriguing structures, including one that resembles a large cosmic hand. In this image, the lowest energy X-rays that Chandra detects are colored red, the medium range is green, and the most energetic ones are blue. Astronomers think that B1509 is about 1700 years old as measured in Earth's time-frame (referring to when events are observable at Earth) and is located about 17,000 light years away.

Neutron stars are created when massive stars run out of fuel and collapse. B1509 is spinning completely around almost 7 times every second and is releasing energy into its environment at a prodigious rate - presumably because it has an intense magnetic field at its surface, estimated to be 15 trillion times stronger than the Earth's magnetic field.

The combination of rapid rotation and ultra-strong magnetic field makes B1509 one of the most powerful electromagnetic generators in the Galaxy. This generator drives an energetic wind of electrons and ions away from the neutron star. As the electrons move through the magnetized nebula, they radiate away their energy and create the elaborate nebula seen by Chandra.

In the innermost regions, a faint circle surrounds the pulsar, and marks the spot where the wind is rapidly decelerated by the slowly expanding nebula. In this way, B1509 shares some striking similarities to the famous Crab Nebula. However B1509's nebula is 15 times wider than the Crab's diameter of 10 light years.

Finger-like structures extend to the north, apparently energizing knots of material in a neighboring gas cloud known as RCW 89. The transfer of energy from the wind to these knots makes them glow brightly in X-rays (orange and red features to the upper right). The temperature in this region appears to vary in a circular pattern around this ring of emission, suggesting that the pulsar may be precessing like a spinning top and sweeping an energizing beam around the gas in RCW 89.

Webcast of Chandra & B1509 During 100 Hours of Astronomy

"Around the World in 80 Telescopes" was a unique live 24-hour webcast, following night and day around the globe to some of the most advanced observatories both on and off the planet. 100 Hours of Astronomy was a global astronomy event from 2 to 5 April 2009 and a project of the International Year of Astronomy 2009. The Chandra X-ray Center released a stunning X-ray image of the young pulsar B1509 during its webcast.