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Monday, November 9, 2009

Yelling at Badrul to 'get out!'

(Malaysian Mirror) - It was a dramatic show of defiance outside the Selangor legislative assembly on Monday morning as a group of demonstrators shouted and yelled at Port Klang assemblyman Badrul Hisham to quit his seat.

The assemblyman had repeatedly said he was not resigning as a state represenative and had refuted suggestions by his critics that there has been a lot of complaints regarding his performance.

Carrying banners and placards, the crowd, led by PKR Youth deputy chief Lee Khai Loon, were ready to hand over a memorandum to Badrul but the assemblyman refused to see them or come out of the building.

Policemen standing by

When the mentri besar’s political secretary Nik Nazmi Ahmad came out to receive the memorandum, they refused to hand it to him.

They became more furious, instead. There was, however, no untoward incident with more than 30 plainclothes policemen standing by.

badrul-hisham-abdullah.jpgBadrul, accused by the Pakatan Rakyat coalition state government of not carrying out his duties as a state representative in Port Klang, quit the PKR last Thursday and declared himself an independent assemblyman.

He had said then that he had no choice but to resign from the party since it was the only way to ease the pressure from certain leaders who wanted him to quit as assemblyman.

Lost faith in Khalid and Anwar

He also lashed out at Selangor mentri besar Khalid Ibrahim for suggesting that he (Badrul) should resign because of 'non-performance' , alleging that since March, allocations to his constituency had been channeled to a service centre managed by Nik Nazmi.

READ MORE HERE: http://malaysianmirror.com/

Why Kadar Shah is scared

So there is more to the issue than what Malay Mail reported. Kadar Shah would not remain overseas just because someone broke into his house and gang-raped his maid. It is more than that. Let us just say Kadar Shah understood the message that was sent to him, the same message that was sent to PI Bala, which resulted in him doing a U-turn and going underground.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Below is a Malay Mail report dated 6 November 2009. It is about Datuk Kadar Shah’s divorce proceeding. The report also mentions that Kadar Shah is afraid to return to Malaysia. The judge, however, does not see any reason why he should be afraid to return to Malaysia. After all, it is his maid who was gang-raped, not him.

The reason is not, as the judge says, because Kadar Shah’s maid was gang-raped. It is also not because his house was broken into. It is not even because of the matter involving the Kelantan palace. It is because of what Malaysia Today revealed on 29 May 2009 in an article called Shafee Abdullah: caught with his pants down.

This is what I said in that article:

On 6 August 2008, I wrote an article called ‘Shafee Abdullah: sodomologist extraordinaire’. Shafee has since sued me for this article and in his summons-in-chamber he says that my allegation does not contain any particulars. Well, today, I will certainly give him those particulars that he seeks.

It was a few days before that article that I received the phone call from Tamrin Ghafar. Tamrin said someone wants to meet me and it was very urgent and extremely important that I meet this person. It was agreed that we meet for tea at the Havana Club in the One World Hotel in Damansara Utama.

My wife and I arrived there early but did not have to wait too long. Within minutes Tamrin walked in with Datuk Kamal Amir and Datuk Kadar Shah. It was actually Datuk Kadar who wanted to see me although Tamrin did not mention that earlier when he phoned me -- and I knew better than to ask over the phone considering the police were monitoring my phone calls.

Datuk Kadar related how he had gone to lawyer Shafee Abdullah’s office a few days earlier to discuss Jamaluddin Jarjis’s bottom-pinching case in the Havana Club at KL Sentral. I think Datuk Kadar was involved because he had an interest in the establishment. Anyway, I was told Shafee wanted JJ to pay RM1 million as ‘settlement’ or else his scandal was going to explode.

And this was when Datuk Kadar saw that whiteboard with Anwar Ibrahim’s and my name on it and heard the police officers who were in the office discussing the Anwar Ibrahim Sodomy II case. And a few days later the whole sodomy thing exploded with Saiful’s ‘revelation’ that he had been sodomised, the PUSRAWI doctor’s examination that showed Saiful was still a virgin, and Najib’s denial, and later his admission, that he had met Saiful prior to the sodomy allegation.

(Read the rest of the article here).

So Kadar Shah is now a marked man. And he suspects that the robbery and gang-rape of his maid was not as ‘innocent’ as many may think. He is of the view that this is a message he is being sent that they can get to him easily enough if they want to.

Kadar Shah initially said he is prepared to come forward to testify during my trial if need be. And I told my lawyers this so that they could subpoena him. My lawyers told the court that six people would be subpoenaed to testify and they were in fact in the process of preparing the papers. So it is in the interest of certain parties that Kadar Shah stays out of the country and does not come home to Malaysia to reveal what he saw and heard in Shafee Abdullah’s office.

By the way, Shafee Abdullah is the same man who exchanged text messages with Prime Minister Najib Tun Razak soon after Razak Baginda was arrested for Altantuya’s murder. When asked about the matter Najib did not deny the exchange of text messages and replied that it is a private matter between him and Shafee and of no concern to anyone else.

So there is more to the issue than what Malay Mail reported. Kadar Shah would not remain overseas just because someone broke into his house and gang-raped his maid. It is more than that. Let us just say Kadar Shah understood the message that was sent to him, the same message that was sent to PI Bala, which resulted in him doing a U-turn and going underground.

Anyway, we promised you more on the story about the Carpetman cum Bagman cum Toyboy of the so-called ‘First Lady of Malaysia’. Well, as promised, this week we shall reveal parts 2, 3, 4, and so on, of this story. So stay tuned because I am sure you want to hear about PI Bala’s little adventure that could easily be made into a Hollywood movie script…or should I say Bollywood movie script.

Where is PI Bala? Why did he retract his first Statutory Declaration? Is his first or his second Statutory Declaration the correct one? What happened to his family? Is Bala prepared to surface and reveal the truth? And what is the truth, the first Statutory Declaration or the second one?

Yes, these are the questions that require answers. And what role did the Carpetman cum Bagman cum Toyboy play in this entire thing?

That is what shall be revealed in the next few episodes of this series.

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

Kadar Shah fears for his life... but Syariah court judge says there is no reason for him to be afraid

Reena Raj, Malay Mail

DATUK Kadar Shah Sulaiman was again absent during the divorce proceedings at the Kuala Lumpur Syariah High Court yesterday.

His lawyer claimed this was due to him being afraid for his safety, after his house was broken into on June 21 and his maid was allegedly gang-raped.

In seeking to postpone hearings on the divorce proceedings brought by his wife, Kadar Shah’s lawyer Puteri Imee Megat Abdullah, said the Muar Umno division committee member had decided to stay overseas for the moment.

Syariah court judge, Mohd Shukor Sabudin, granted the postponement but warned that the last mention date would be on Nov 30 — since several postponements had been granted earlier, due to Kadar Shah’s absence.

“We will carry on with the case without Kadar Shah’s presence if he fails to turn up on Nov 30. The excuse of being worried for his safety is not acceptable. His maid was raped and not him. There is no reason for him to be in fear.”

Kadar Shah hit the limelight for having assisted in matters related to the “dramatic escape” of Manohara Odelia Pinot, the 17-year-old Indonesian wife from her Kelantan prince husband.

The ongoing divorce proceedings involve the issues of alimony, maintenance, return of debts as well as compensation by his wife.

His, wife, Datin Fauziah Haron, was present in court yesterday. Her lawyer, Kamar Ainiah Kamaruzaman, said Kadar Shah’s lawyer had informed her about his absence a day earlier.

It was reported that Kadar Shah and Fauziah were married in Jakarta in 1980 but their marriage was never registered in Malaysia. In 2002, matrimonial problems surfaced and Fauziah initiated divorce proceedings at the Shah Alam Syariah (Lower) Court in 2003.

The case was complicated as the courts had to first decide on the validity of their marriage. In November 2007, the Shah Alam court declared that their marriage was irregular as the parties were not able to produce a marriage document and they were also unable to produce witnesses to prove their marriage.

As the marriage was not a valid one, the court said there was no room for a divorce.

However, Fauziah pursued the matter and filed a case at the KL Syariah Court in July last year.

The couple have three children — two boys aged 28 and 25 and a 23-year-old daughter.

The marriage with Fauziah was said to be Kadar Shah’s second marriage. He had earlier been married to an Australian woman.

Fauziah is seeking:

1. Compensation for three months waiting period after divorce at RM20,000 a month for three months, totalling RM60,000.

2. Maintenance arrears at RM10,000 a month, totalling RM600,000.

3. A return of her money for the payment for her Mercedes Benz SLK that Kadar had stopped paying for, costing RM250,000.

4. A return of money made in 2003 under a loan agreement totalling RM1.8 million.

5. A lump sum Mutaah (alimony) of RM5 million.

6. Shares at Bredeno Shaw Sdn Bhd held by Kadar Shah that Fauziah seeks to be declared as matrimonial

property worth RM1.5 million.

7. A condominium unit in Genting Highlands.

8. A house in Shah Alam.

9. An apartment in Hawaii.

10. An apartment in California; and

11. Four cars — a Mercedes-Benz, a Porsche, a Ferrari and a Range Rover.

Now Nazri says VK Lingam broke no law

By Syed Jaymal Zahiid

KUALA LUMPUR, Nov 9 — Minister in the Prime Minister Department Datuk Seri Nazri Aziz sparked an uproar in Parliament today when he said “judiciary fixer” VK Lingam, had been let off the hook “because he had broken no law.”

Nazri also suggested that Lingam breached no laws as he might “have just acted to fix the appointment of judges as if he was brokering the appointment of senior judges to impress people”.

“I am not denying that it was Lingam in the tape. But I am also saying that there are a lot of conmen in this world. Who knows he might have just acted when he was calling the so-called judges to impress,” said Nazri in his ministerial winding-up speech on the 2010 Budget debate.

Opposition MPs had during the debate session demanded answers as to why the Attorney General had decided to take “no further action” towards Lingam despite the findings of a Royal Commission set up to probe the infamous “correct, correct, correct” video recording that allegedly saw the senior lawyer brokering the appointment of judges.

The Royal commission had proposed that action be taken against Lingam and several others purportedly involved in the recording including former Chief Justice Tun Eusoff Chin, Tun Ahmad Fairuz Sheikh Abdul Halim and tycoon Vincent Tan, a close friend of former premier Tun Dr Mahathir Mohamad.

Najib favours fresh MCA polls, Sin Chew reports

KUALA LUMPUR, Nov 9 — Sin Chew Daily has learned that Prime Minister-cum-BN president Datuk Seri Najib Razak is inclined towards fresh polls for MCA to elect a new leadership and resolve the current dispute once and for all.

According to a source, Najib wants the party to quickly stand up and serve the Chinese community.

The source said the Oct 10 extraordinary general meeting (EGM) and the Greater Unity Plan (GUP) seemed unable to bring about a greater unity for MCA. It said Najib was impatient with it and had repeatedly hinted that the party should resolve its crisis as soon as possible.

During the opening of the Liberal Democratic Party (LDP) annual general assembly yesterday, Najib refused to comment when asked about the fact that some MCA leaders had wanted a second EGM to re-elect the party leadership to resolve the party's crisis.

However he said: "I will accept whoever is elected in a fair manner, and be prepared to work with this person and his team."

The source said the problem with Najib was that he could not explicitly give his instructions, and had kept stressing that he would not interfere unless invited by MCA leaders to resolve their crisis.

"But this is not the solution... as BN does not have too much time to prepare for the next general election. The GUP can no longer bring stability and unity to MCA. The existing leadership is unable to work together and if the crisis is allowed to go on, Chinese voters will surely shun MCA in the next general election, and this will harm BN."

The source said as the BN president, Najib was increasingly concerned about the MCA crisis, and this could be seen from the recent strong hints he made on a number of occasions.

The source said Najib had so far not taken any action to avoid being accused of interfering in the internal affairs of MCA.

He said based on the current situation, in order to have a strong MCA to enable the party to face the next general election along with other BN component parties, it appeared that the only solution was to allow the grassroots to elect a new leadership to bring stability to the party once and for all.

"As to who will eventually be elected to lead MCA, the party's grassroots will decide, and Najib is not going to interfere.

"Najib only wants to see that the new leadership is able to re-adjust its pace and move forward."

According to the source, Najib and BN urgently need a strong MCA that will instantly serve the Chinese community.

"To Najib, Umno has made changes and got back on its feet. How long does MCA still have to wait? BN is now racing against time, we need an MCA that can instantly serve the Chinese community."

On Saturday, Home Minister Datuk Seri Hishammuddin Hussein said in Kluang that the time had now come for MCA to ask Najib to step in and help resolve its leadership problems.

He said MCA must immediately resolve its crisis as people had got tired of it, adding that when people were tired of this party, they would go for other options and eventually it would harm both MCA and BN. — mysinchew.com

Five Indians Shot Dead

Malaysian Police shot dead 5 Indians believed to be dangerous criminals involved in armed robberies, according media reports.

The dead:

1. Govindarajan Arumugam, known as ‘PCO boy’. Was detained in Sungai Rengam Prison, previously. Jobless.

2. Loganathan Gopi, age 17, Lorry attendant

3. Visvalingam Mookaiyah, age 19, jobless

4. Serenthiran Ramapathi, age 24, security

5. Ebinesan Aruldas, age 22

Source: Makkal Osai 09/11/09

*********

November 08, 2009 22:17 PM

Five Criminals Shot Dead By Police

SHAH ALAM, Nov 8 (Bernama) -- Five men in a car, enroute to execute a robbery, literally came to a dead end near Klang early Sunday. They were shot dead by the police in a shootout.

Earlier, the driver of the Kelisa inside which were his four accomplices, tried to mow down a team of policemen who had asked them to alight from the vehicle for inspection.

At that juncture, the gunmen fired in the direction of the police who returned fire, killing them on the spot at Sungai Keramat in Jalan Kapar, Klang Utama.

Following the shootout about 12.30am, the Kelisa bearing registration number BGK 2830, skidded and rammed into a barrier of a nearby ditch.

"The five, believed to have been on their way to commit a robbery, had been active (in committing robberies) for the past year.

"At the time the car rammed into the barrier, we believe the driver had been shot and lost control of the vehicle," Klang police chief Assistant Commissioner Mohamad Mat Yusop told Bernama when contacted here.

The identities of the deceased -- believed to have been members of the 'PC Boy Gang' -- have not been ascertained as there was no identification document.

However, the police said the gang leader, known only as 'PC Boy', was among the dead.

Mohamad said 'PCO Boy' had 13 criminal records and was on the police 'Wanted List' for nine robbery cases.

He said the deceased were believed to have been part of a bigger group, adding that the police were tracking down the remaining members of the group.

From the Kelisa which was reported stolen in Kajang on Nov 2, the police seized a Remington pistol loaded with three bullets, six machetes and samurai swords.

The bodies were sent to the Tengku Ampuan Rahimah Hospital in Klang for post-mortem.

-- BERNAMA

*******
The Star

Monday November 9, 2009

Five killed in shootout with cops after car chase


KLANG: Police shot dead five men, believed to be members of the notorious PCO Boy Gang, after a high-speed car chase in Taman Klang Utama.

The five, who were high on the wanted list and dangerous, were said to be behind at least 10 armed robberies and assault cases in the state over the past year.

Selangor CID chief Senior Asst Comm II Datuk Hasnan Hassan said a team from the Klang district serious crime division spotted the men in a Perodua Kelisa along Lorong Sungai Keramat, around midnight yesterday.

The suspects were believed to be preparing a robbery when the police approached them.

The five tried to force the police car off the road while firing shots at the officers.

Fatal end: The scene where the Kelisa driven by the gunmen crashed into a monsoon drain. All five died in the ensuing shootout with the police.

The policemen returned fire and gave chase.

The drama ended when the suspects’ car went out of control and crashed into a monsoon drain, said SAC Hasnan.

All five died in the ensuing shootout.

Police recovered a .45mm Re-mington pistol as well as six parang and samurai swords from the car.

The suspects, aged between 19 and 30, were from various parts of the Klang Valley.

Among those killed was a 29-year-old from Klang, said to be the group’s mastermind.

He was detained several times under the Prevention of Crime Ordinance (PCO) of the Emergency Ordinance, thus earning the gang its nickname.

“Initial investigations revealed that the Kelisa was reported stolen in Kajang on Nov 2,” said SAC Hasnan.

Police believed there were other members of the gang still at large and have launched a manhunt.

The robbers move in groups of four or five and often targetted residential areas.

The big deal about a full bench

By Deborah Loh
thenutgraph.com

illustration of 11 judges doing a balancing act
Getting the full 11-member bench to hear the case is a
tall order

A FULL bench of judges to hear appeals at the federal court has never been granted in Malaysia's judicial history, lawyers recall.

Some say this is not surprising. For administrative, procedural or logistical reasons, having all judges of the highest court available at the same time is considered a tall order. Some reasons: clashing dates with other trials, sick leave, or recusal by some judges if they had already heard the case at lower levels.

There is now both outcry and resignation over the Federal Court's decision on 5 Nov 2009 not to grant a full 11-member bench to hear the case of who Perak's legitimate Menteri Besar (MB) is. Only five judges will hear embattled MB Datuk Seri Muhammad Nizar Jamaluddin's appeal against the Court of Appeal's decision that declared Barisan Nasional's Datuk Seri Dr Zambry Abdul Kadir as the lawful MB.

Perak's fate decided by five

Judge
Tan Sri Arifin Zakaria
The five judges are Court of Appeal president Tan Sri Alauddin Mohd Sheriff who heads the bench, Chief Judge of Malaya Tan Sri Arifin Zakaria, and federal court judges Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff, and Datuk Abdull Hamid Embong.

There are public doubts about the five. Chiefly, that all of them have at some point presided over hearings related to the Perak constitutional crisis.

Justices Alauddin, Arifin and Zulkefli were on the same Federal Court bench for four other Perak-related hearings.

The first was the 23 March 2009 decision to remit Nizar's suit challenging Zambry's appointment as MB back to the High Court instead of deciding it in the Federal Court. At the appellate level, Abdull Hamid, the fifth judge, was on the appeals bench on 20 March 2009 which upheld the High Court's decision to let the matter be heard by the Federal Court.

Nizar
Nizar
Alauddin, Arifin and Zulkefli were also on the Federal Court bench that ruled on 16 April 2009 that Speaker V Sivakumar had no power to suspend Zambry and six other executive councillors.

They again remitted to the High Court on 28 April 2009 Zambry's fast track application for an interpretation of the Perak constitution to declare him as the lawful MB. Justice Mohd Ghazali was also on this bench.

On 9 July 2009, Alauddin, Arifin and Zulkefli were on the bench when the Federal Court granted leave to Nizar to appeal against the Court of Appeal judgement that Zambry was the legitimate MB. The bench, however, refused Nizar's application for stay of the appellate court's ruling.

But some lawyers hold the view that these prior sittings were on interlocutory matters, and not on the substance of the case. Which is clearly why Justice Datuk Md Raus Sharif, who heard the Perak MB case at the appellate level before being promoted to the Federal Court, is not on the bench. More important than a full bench, some argue, is that the case be heard fairly and impartially.

Political and constitutional implications

That, however, is precisely the concern behind calls for a full bench. Past requests to convene a full quorum have all carried significant political and constitutional implications.

pic
Salleh Abas
Most lawyers, when asked about past attempts to call a full bench, cite the 1987 Umno legal crisis for which then Lord President Tun Salleh Abas wanted a full nine-member Supreme Court bench to decide on the validity and legality of the party's presidential election.

The attempt was stymied, however, when he was sacked as Lord President and replaced. Another sacked judge, Datuk George Seah, believed that had the full bench been allowed to sit, the majority would have ruled then Umno president Tun Dr Mahathir Mohamad's election as null and void.

Another attempt which seems less remembered is then Kota Melaka Member of Parliament (MP) Lim Guan Eng's appeal to the Federal Court against his conviction of sedition and publishing false news in 1998. The DAP MP was slapped with these charges in relation to allegations of statutory rape committed by then Malacca Chief Minister Tan Sri Abdul Rahim Thamby Chik.

More recently, another request for an enlarged Federal Court bench was made by S Shamala, a Hindu woman in a custody battle with her Muslim-convert husband. She applied for nine judges to hear her case after the Court of Appeal referred to the Federal Court to determine the validity of child conversions to Islam. The hearing, initially scheduled for August 2009, has been postponed with no date yet.

Indictment

Looking back on these cases, calls for a full bench hearing are obviously made with the gravity of the implications in mind. But the gravity is more about the lack of public confidence in the judiciary than anything else.

Such requests, then, are indictments of the judiciary and not frivolous drama that Pakatan Rakyat is sometimes accused of.

ambiga
Ambiga
In the Federal Court on 5 Nov, Datuk Ambiga Sreenevasan who represented Nizar, read from Salleh's own book May Day for Justice about the Umno 1987 crisis, hoping to move the Federal Court judges to accede to the request for an 11-member bench.

"It seemed to me that one of the ways to eliminate suspicion particularly in view of the hearing of political overtones surrounding the case was to review the case before a full bench.

"This is to allow every variety of judicial opinion available to come to bear on the matters.

"No one can say I picked the judges or picked the bench," Ambiga quoted the former Lord President.

However, the five-member bench that sat dismissed the application unanimously, without explanations.

Irreversible low

One wonders if a bench smaller than 11 but larger than five could still have been granted. In cyberspace, readers of news portals are questioning why other federal court judges not yet involved in the Perak case were left off the bench.

judges
Datuk Heliliah Mohd Yusof and Tun Zaki Azmi
These would include Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, and Federal Court justices Datuk Heliliah Mohd Yusof, and Datuk Gopal Sri Ram, although the latter is said to be ill.

Another example of the judiciary's sad state is that the country's top judge is unable to sit on such important cases. Chief Justice Tun Zaki Azmi has had to recuse himself from such cases because of his past links with Umno. The former party legal adviser even indirectly admits, in question 17 of a lengthy interview with Bernama, that his impartiality is not yet accepted!

While Zaki's stand on principle is lauded, it does little to assuage the public that the judges hearing cases of such significance will decide impartially, free from political persuasion and in the spirit of the law, not just the letter.

With benefit of the doubt to these honourable judges, these concerns could be imagined, but public confidence is too low to persuade many otherwise

The big deal about a full bench

By Deborah Loh
thenutgraph.com

illustration of 11 judges doing a balancing act
Getting the full 11-member bench to hear the case is a
tall order

A FULL bench of judges to hear appeals at the federal court has never been granted in Malaysia's judicial history, lawyers recall.

Some say this is not surprising. For administrative, procedural or logistical reasons, having all judges of the highest court available at the same time is considered a tall order. Some reasons: clashing dates with other trials, sick leave, or recusal by some judges if they had already heard the case at lower levels.

There is now both outcry and resignation over the Federal Court's decision on 5 Nov 2009 not to grant a full 11-member bench to hear the case of who Perak's legitimate Menteri Besar (MB) is. Only five judges will hear embattled MB Datuk Seri Muhammad Nizar Jamaluddin's appeal against the Court of Appeal's decision that declared Barisan Nasional's Datuk Seri Dr Zambry Abdul Kadir as the lawful MB.

Perak's fate decided by five

Judge
Tan Sri Arifin Zakaria
The five judges are Court of Appeal president Tan Sri Alauddin Mohd Sheriff who heads the bench, Chief Judge of Malaya Tan Sri Arifin Zakaria, and federal court judges Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff, and Datuk Abdull Hamid Embong.

There are public doubts about the five. Chiefly, that all of them have at some point presided over hearings related to the Perak constitutional crisis.

Justices Alauddin, Arifin and Zulkefli were on the same Federal Court bench for four other Perak-related hearings.

The first was the 23 March 2009 decision to remit Nizar's suit challenging Zambry's appointment as MB back to the High Court instead of deciding it in the Federal Court. At the appellate level, Abdull Hamid, the fifth judge, was on the appeals bench on 20 March 2009 which upheld the High Court's decision to let the matter be heard by the Federal Court.

Nizar
Nizar
Alauddin, Arifin and Zulkefli were also on the Federal Court bench that ruled on 16 April 2009 that Speaker V Sivakumar had no power to suspend Zambry and six other executive councillors.

They again remitted to the High Court on 28 April 2009 Zambry's fast track application for an interpretation of the Perak constitution to declare him as the lawful MB. Justice Mohd Ghazali was also on this bench.

On 9 July 2009, Alauddin, Arifin and Zulkefli were on the bench when the Federal Court granted leave to Nizar to appeal against the Court of Appeal judgement that Zambry was the legitimate MB. The bench, however, refused Nizar's application for stay of the appellate court's ruling.

But some lawyers hold the view that these prior sittings were on interlocutory matters, and not on the substance of the case. Which is clearly why Justice Datuk Md Raus Sharif, who heard the Perak MB case at the appellate level before being promoted to the Federal Court, is not on the bench. More important than a full bench, some argue, is that the case be heard fairly and impartially.

Political and constitutional implications

That, however, is precisely the concern behind calls for a full bench. Past requests to convene a full quorum have all carried significant political and constitutional implications.

pic
Salleh Abas
Most lawyers, when asked about past attempts to call a full bench, cite the 1987 Umno legal crisis for which then Lord President Tun Salleh Abas wanted a full nine-member Supreme Court bench to decide on the validity and legality of the party's presidential election.

The attempt was stymied, however, when he was sacked as Lord President and replaced. Another sacked judge, Datuk George Seah, believed that had the full bench been allowed to sit, the majority would have ruled then Umno president Tun Dr Mahathir Mohamad's election as null and void.

Another attempt which seems less remembered is then Kota Melaka Member of Parliament (MP) Lim Guan Eng's appeal to the Federal Court against his conviction of sedition and publishing false news in 1998. The DAP MP was slapped with these charges in relation to allegations of statutory rape committed by then Malacca Chief Minister Tan Sri Abdul Rahim Thamby Chik.

More recently, another request for an enlarged Federal Court bench was made by S Shamala, a Hindu woman in a custody battle with her Muslim-convert husband. She applied for nine judges to hear her case after the Court of Appeal referred to the Federal Court to determine the validity of child conversions to Islam. The hearing, initially scheduled for August 2009, has been postponed with no date yet.

Indictment

Looking back on these cases, calls for a full bench hearing are obviously made with the gravity of the implications in mind. But the gravity is more about the lack of public confidence in the judiciary than anything else.

Such requests, then, are indictments of the judiciary and not frivolous drama that Pakatan Rakyat is sometimes accused of.

ambiga
Ambiga
In the Federal Court on 5 Nov, Datuk Ambiga Sreenevasan who represented Nizar, read from Salleh's own book May Day for Justice about the Umno 1987 crisis, hoping to move the Federal Court judges to accede to the request for an 11-member bench.

"It seemed to me that one of the ways to eliminate suspicion particularly in view of the hearing of political overtones surrounding the case was to review the case before a full bench.

"This is to allow every variety of judicial opinion available to come to bear on the matters.

"No one can say I picked the judges or picked the bench," Ambiga quoted the former Lord President.

However, the five-member bench that sat dismissed the application unanimously, without explanations.

Irreversible low

One wonders if a bench smaller than 11 but larger than five could still have been granted. In cyberspace, readers of news portals are questioning why other federal court judges not yet involved in the Perak case were left off the bench.

judges
Datuk Heliliah Mohd Yusof and Tun Zaki Azmi
These would include Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, and Federal Court justices Datuk Heliliah Mohd Yusof, and Datuk Gopal Sri Ram, although the latter is said to be ill.

Another example of the judiciary's sad state is that the country's top judge is unable to sit on such important cases. Chief Justice Tun Zaki Azmi has had to recuse himself from such cases because of his past links with Umno. The former party legal adviser even indirectly admits, in question 17 of a lengthy interview with Bernama, that his impartiality is not yet accepted!

While Zaki's stand on principle is lauded, it does little to assuage the public that the judges hearing cases of such significance will decide impartially, free from political persuasion and in the spirit of the law, not just the letter.

With benefit of the doubt to these honourable judges, these concerns could be imagined, but public confidence is too low to persuade many otherwise

Keeping PR together

By Deborah Loh
thenutgraph.com

Zaid
Datuk Zaid Ibrahim

DESPITE flare-ups in PAS and Parti Keadilan Rakyat (PKR), Pakatan Rakyat (PR) is on track to becoming a formal coalition, says Datuk Zaid Ibrahim who was tasked with developing a common manifesto for the opposition coalition.

PR's application to be registered with the Registrar of Societies was submitted last week, and the manifesto has been given to the heads of PAS, PKR and DAP. The document is to be adopted by all parties at a PR convention scheduled for 18 and 19 Dec 2009. It is also speculated that Zaid will head the pro-tem committee of the registered coalition.

In an interview at his home in Petaling Jaya on 4 Nov 2009, Zaid tells The Nut Graph about the new political culture he hopes the manifesto will create. He believes it is such a manifesto that will set PR apart from the Barisan Nasional (BN).

Zaid, currently on leave from PKR, however, was reluctant to discuss the party's problems. Instead, he stressed that the common manifesto was more crucial than ever to ensure that the PR coalition was based on policies and principles, and not a single party or individual.

On PKR

TNG: Do you aspire to have a more important leadership role in PKR?

Zaid Ibrahim: No. Absolutely not.

The word is that you hope to run for deputy president next year.

No. I'm not hoping to be number two or three or four or whatever. My role is to help Pakatan Rakyat. It's beyond me to make anyone stronger. That's for the party leaders to do. I don't want to get involved in that. I'm only interested in putting together what all the parties want.

So your joining PKR is just a vehicle to strengthening Pakatan as a whole?

Yeah, if I don't join one of them, they won't trust me.

Even if you have no ambitions, are you facing pressure from groups within PKR who might want you to take a higher position?

No. There is no pressure. I don't have supporters or groups in the party loyal to me. I'm happy enough if they support my ideas. I'm not interested in personal support.

Anwar
Anwar's position is uncertain

With Datuk Seri Anwar Ibrahim's position uncertain because of his sodomy trial, what kind of second tier leadership does PKR need to have in place?

That is for PKR to decide. I do not want to offer any suggestions because that will be misunderstood and misconstrued. PKR is a broad-based party; they have a lot of members. They must decide what's best for them.

You're saying you've been misunderstood in the party?

The Sabah issue. I was just an innocent bystander but people think I was trying to interfere.

Is the Sabah issue some sort of turning point in your awareness about PKR, that working in this party is more difficult that you initially thought?

No, there's no new awareness of any kind. It's just politics. I hope the things that have happened were not because of me (chuckles).

What does Anwar need to do for PKR to prepare for the possibility of [his being jailed]?

I think he knows. He's a smarter politician than me.

Do you think he's decisive enough? Party workers and members complain that he's out of the country so often that he cannot attend to party issues in a detailed manner.

No, I wouldn't want to comment on him.

What do you think the current problems in PKR indicate, for example the latest issue in Sabah?

Since the leadership says it's not a problem, who am I to say that it's a problem? But from the bloggers, and the news media, it would seem to be a problem.

You have nothing to lose in PKR since you're not aspiring to any higher post.

Ya, but I don't want to get into analysing PKR's internal strength or weakness. My views on PKR at this point in time are really not that critical. It can be disruptive.

Have you heard from Anwar since you returned from Sabah? Did he tick you off for going against his wishes?

No, he didn't. I've met him, it was cordial. I reported to him what happened. Every time I go somewhere, I come back and report to him.

PKR appears to be the most problematic party in Pakatan. There are a range of issues, from badly-chosen election candidates to slowness in taking disciplinary action. What does it lack compared to PAS or DAP?

Well, PKR is a new party and it will take time.

Is it the political culture, remnants of Umno politics?


I think that's too simplistic. I don't see remnants of Umno as necessarily destructive. It's about why you left in the first place. Those who are disillusioned with Umno are potential assets to PKR. They are looking for something new. But if you don't give them something new, then there might be problems.

But for those who left Umno and yet want more of the same stuff in a different setup, then that would be a problem. But I don't know. I'm not expert enough about the party to analyse. I'm just saying that being ex-Umno doesn't necessarily make it bad. In fact, it's good that such people are aspiring for a higher level of politics.

Common manifesto

Moving on to Pakatan's common manifesto, can you share some of the points you've proposed in it?

I've submitted it to the leaders and they've yet to respond. It's been two weeks but I except they'll take longer. I would not want to reveal the details until the leaders accept it and want to disclose it.

But generally, we have tried to cover as much ground as possible. It's not a normal manifesto with motherhood statements like you want to be fair and just. No broad statements but very detailed statements on policy. What do we do with healthcare, the judiciary, oversight committees for parliament, education, what do we do with devolving more power to the states. The states need to be empowered because there's too much concentration of power at federal level or in the prime minister. But giving the states more power involves the need to rise above politics because some states may not be under your control.

pullquote

I'm trying to bring politics to another level, to talk about policy issues and to let the people have real choice. Let people debate Barisan policies vis-a-vis ours. Let people assess Barisan leaders vis-a-vis ours. That to me, is real choice. People can compare.

The public wants to see what our policies are. What do we do with privatisation, as opposed to the BN idea? What do we do with rural development, environment, people without birth certificates? Do we sell beer, do we not? What is our stand?

It comes down to that level, about moral policing and alcohol?

Sure, what are our social and moral policies? People want to know. I've proposed ideas and it's up to the leaders to respond.

Does the manifesto address how the three parties will handle their differing ideologies, especially on an Islamic state?

No. I don't want to tell each party what to do. But a common policy will bind them. If you cannot agree on a common policy, you're not going to be strong.

At the moment, what we have is the willingness to work together based on an electoral pact. That is not enough to beat Barisan. You have to bring it to the next level. If they can agree on this common policy, that's proof enough that they can overcome their ideological differences.

Will it be difficult for PAS to accept when it comes to social and moral policies?

To be fair to the party, PAS has already agreed on a very fundamental principle, that whatever they want to do, their partners must agree. Isn't that a concession on the part of PAS? But people don't appreciate PAS's commitment. They have sacrificed a lot from their old position.

PAS, the party, is not the problem. It's some of the leaders. One or two people. But you have these one or two problem people in all the other parties as well. From the short time I've been with Pakatan, I don't see that PAS is genuinely interested in Umno. This is the party they've been fighting for the last 50 years, what has Umno become that they are so attracted to Umno?

What hurdles does Pakatan need to overcome for the manifesto to be accepted by all parties?

Pakatan leaders
PAS president Datuk Seri Abdul Hadi Awang, PKR president Datuk Seri Dr Wan Azizah Wan Ismail,
DAP secretary-general Lim Guan Eng

The leaders of the three parties must want it. In our political culture, members generally follow. Leaders like to think that their members want this or don't want this. If you want change, it must be the leaders who want it.

Must all the leaders accept the manifesto before Pakatan can be registered?

We have submitted the registration earlier this week. But that alone is not enough without a common manifesto. It would be like a house with no occupants, no life. Registration is the easy part. What is important is the policy.

Before Pakatan, there was Barisan Alternatif and Gagasan Rakyat. Both failed to last. How is Pakatan different?

Parties evolve. The opposition realises that it can't beat Barisan on its own as individual parties. But willingness to work together is not enough. You still need policies, strategies and resources. The opportunity is now. If this doesn't work, then it'll be a long time before anything can happen.

The people have shown that they are prepared to consider the opposition. Barisan themselves realises this, that's why they're doing cosmetic changes here and there because they know they have to respond to the people's demands. So this is the time to move.

Will it become more incumbent on the individual parties to act more swiftly with regards to problematic members and politicians?

I think the leaders know what to do. I have to be careful with what I say; I don't want to be seen as telling them what to do. These are all established politicians, old hands at the game. It's not my place to tell them what to do.

But I can tell you what I would do.

If I had my way, of course, I would respond swiftly. I would have paraded my best people in front of Barisan by now. I would have paraded my policies, I would have taken on Barisan on every issue. But that's easy for me to say because I'm speaking as one person. Leaders of political parties have to worry about a hundred and one things, so I don't want to be presumptuous and say it's as simple as that. But that's what I would do.

Anwar is seen as the glue that holds Pakatan together. If he goes to jail, how might that affect the coalition?

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Pakatan is a lot bigger than one person. It is a movement for change. The glue is not in the person. The glue is in the message, in the political ideals.

Will the Pakatan structure be anything like Barisan's, in that the head of the lead party becomes the coalition's leader?

No, the basic difference is that in BN there is only one boss. But in Pakatan, everything will be through consensus. This is a big concession on the part of PAS, DAP and PKR.

It might be more difficult to reach decisions because everybody has to agree, but you're also forced to talk which fosters a different political culture. It will require a lot more work. Democracy is more cumbersome, but it's better in the long run because you act on the basis of the views of many.

Entertainment vs Empowerment

Image Perak Speak

By Augustine Anthony

A few of us were chatting and one in the group quipped, “Hey did you see the video footage of that parliamentarian?” To this curiosity, another friend seated next to us immediately raised his voice, “THAT goon? If he can become our parliamentarian, then Popeye can also become our Prime Minister”. Before anyone rushes to think that that reference must always be reserved for the Barisan Nasional politicians, please hold your horses for it was a sharp riposte against one of the opposition parliamentarians.

Entertainment: The art in which even garbage can be glamorized

With our football standards declining to a state where very soon the remote pacific island of Vanuatu might give Malaysia a good drubbing, the disappointed Malaysians can now hope on our politicians for a good weekend entertainment. And have faith and believe that our politicians can truly deliver.

The habit of distracting the nation with entertainment is not something new. It has been happening for as long as we can remember. The only thing is, the methods employed keep changing to suit the flavor of the day.

The Roman Empire, sure we all know was mighty. I mean mighty boorish. And in the declining years, in order to distract and misdirect its unsuspecting nation, the leaders gave them great entertainments. But unlike any other entertainments these were certain to bring death. The Gladiators fought to death. The persecuted Christians were mauled by hungry lions. But there were no tears, only cheers for the departed souls. The defeated gladiators and persecuted Christians were given a less than honorable send off from the grand Coliseum to eternal Elysium.

The unique thing about anything that is deemed entertaining is that, the form is more important compared to its substance. Some repulsive examples in the form of songs that enjoyed phenomenal success as chart toppers in the 1980’s are worth mentioning here.

The Rock Band Def Leppard and its song “Love Bites” with its lyrics, “When you make love, do you look in the mirror? Who do you think of? Does he look like me?” though a catchy ballad but the substance is nauseating.

The pop song called “Last Christmas” from the group Wham with its lyrics “Last Christmas, I gave you my heart but the very next day, you gave it away, this year, to save me from tears I'll give it to someone special” though having a lovely melody but can cause serious drop in our intelligence quotient.

I am sure many including members of PDRM will still remember the group called The Police and their song “Every Breath You Take” and its lyrics - “Every breath you take, Every move you make, Every bond you break, Every step you take, Ill be watching you, Every single day, Every word you say, Every game you play, Every night you stay, Ill be watching you.... Oh can’t you see you belong to me........

If the musicians think that they had perfected the art of glamorizing garbage, then they must really reinvent themselves for they now have serious competitors in politicians. Just look at the buffet of political filth that is being spread everyday with limitless choices and variations. In short we are amazed. Soon politicians with flower adorned home made crowns with sashes befitting beauty queens will be dancing to the tune of “Karma Chameleon” by Culture Club to hoodwink the gullible voters.

Politicians who have read the people well are cunning enough to give the people what they want. Entertainment. They do not care that many of these people who come to them are ordinary people looking for guidance, assistance and leadership. Selfish personal interests particularly their continuous survival in this political poker game that gambles away the nation’s interest draws veils of deceit against these unsuspecting people.

Many politicians are no longer interested in disseminating gainful information to the people which can empower but are more interested in entertaining the people regardless of how obnoxious and reprehensible these acts are. These irresponsible politicians do not understand that the information transmitted through various ways and means though instantly forgotten by the conscious mind after the given period of entertainment but are nevertheless permanently stored in the unconscious minds (not to be confused with sub conscious mind) of the recipients, particularly youthful recipients who may later bring to bear when circumstances necessitate, the full devastating effects of these contaminated details embedded in the minds of these gullible people.

The events from nomination day to polling day of any election, the usual ceramahs every now and then, the senseless tussle for power in political parties, the Parliamentary debates which are tastelessly ornamented and even the State Assembly proceedings with strange show of power by enforcement agencies, all make eerie entertainments with little or no value for our progress towards a better and greater future.

Reasons had given way to rowdy rendezvous and ridiculous rhetoric. Looking at the present and bigger picture it is apparent that some of our politicians are in reality nurturing a very dangerous and destructive mindset in people.

If only these politicians are honest, their communication skills can be put to great use in educating the general public so that informed choices will be the order of the day.

Education: A beginning with end in mind

Before an organisation embarks on the topic of empowerment, it must first impress upon the general public on the educational endeavours and the educational tools that are already in place. Empowerment is a natural progression of a state of mind that pursues knowledge which corrects our course from ignorance to illumination, from silly haughtiness (bodoh sombong) to dignified confidence and from glib con men to grand statesmen.

A society in education is a society with purpose. There must be a gathered and codified knowledge in structured state ready for dissemination. There must be a beginning with end in mind. There must be a common goal with essential tools to achieve it. There must be a time frame for the ultimate realization of that common goal with regular short term targets to achieve and ascertain progress. There must understanding and appreciation that some may take longer time than others to attain the desired knowledge. There are bound to be temporary setbacks but there must be perseverance and fortitude. Above all we need honest people to be the educators who take pride in the progress that they see in those receiving the education rather than the steady increase in the stipend they receive as remuneration.

Though there is a beginning with end in mind however there will be challenges. The initiators of this education may never see the end result in their lifetime but their initiative will become an ageless jewel that will sparkle for generations to come. Their legacy will be the cornerstone of the elusive knowledge based society that may for now seem intimidating and unachievable.

Yes! The education process can be a daunting task. Not all who need the education are lucky enough to drive or be driven to classrooms, workshops and seminars. Educators sometimes need to cross rivers and lakes, wade in streams, trek hills and slide down valleys. If unlucky one can bleed through ones clothing as a result of injuries, be stung by wasps and bitten by strange insects, slip and plunge in deep falls, and in all these times only hoping to return home safe, satisfied that the message is carried to the people in need.

But this process can be great fun too. It is just that one needs to find the element of fun in these adventures and when it is found, it can be exciting as much as exhilarating. Whoever created human beings knew too well that even the most important characteristic of human existence that depends on procreation must be complemented with elements of fun and excitement for otherwise there will be no human race to sustain continuity.

A spoon full of sugar makes the medicine go down! So the saying goes.

Empowerment

Marginalisation can take many forms. It can be social, political and economic. A national empowerment process cannot exist if there is a deliberate or even an unintended isolation of the general mass into segregated groupings. In a segregated state of existence, empowerment remains nothing but a superfluous pronouncement with empty rhetoric.

Empowerment is the epitome of conscientious and honest efforts where trust and confidence reign and marginalisation and segregation voluntarily withdraw, its ultimate realization being a knowledge based society.

Knowledge Based Society

In knowledge based society empowerment nears redundancy. Entertainments will remain entertainments without misdirecting the nation. And above all comedians, clowns and conmen will not be mistaken for politicians, parliamentarians and leaders.

Menggilap Harapan Rakyat

“Tidaklah kami mahu melainkan untuk melakukan islah sekuat daya kami.”

Petikan ayat ke-88 dari Surah Hud di atas menjadi pembuka kata Perisytiharan Permatang Pauh yang telah sama-sama kita lafazkan pada tanggal 12 September 1998.

Agenda Reformasi yang menjadi asas perjuangan Parti Keadilan Rakyat (KeADILan) hari ini bukanlah untuk menyanjung dua tiga kerat pimpinan yang dipilih tetapi untuk mengangkat harapan rakyat yang dahagakan perubahan.

Bertemakan “Menggilap Harapan Rakyat”, Konvensyen Negeri di Pulau Pinang memulakan siri konvensyen negeri KeADILan di seluruh negara.

Saya membawa ingatan semua yang hadir agar kembali kepada Perisytiharan Permatang Pauh akan dasar dan asas perjuangan Reformasi yang telah kita mulakan lebih 10 tahun dulu.

Komitmen dan kesetiaan kita kepada asas prinsip perjuangan parti kita – yang berjuang dengan gagasan Ketuanan Rakyat dan keadilan sejagat serta mendukung cita-cita negara bangsa Malaysia yang berbilang bangsa dan agama – harus digarap dan dihadam oleh setiap pimpinan dan aktivis parti.

Saya juga dengan tegas memberikan amaran kepada seluruh anasir-anasir ‘pengacau’ dalam parti yang gagal untuk patuh pada disiplin dan ideologi parti, mereka harus undur sebelum disingkir.

Turut diingatkan tentang tipu daya parti pemerintah yang begitu ghairah melaungkan slogan 1Malaysia – kononnya membela rakyat seluruhnya tetapi hakikatnya masih terus membiarkan rasuah berleluasa, ketirisan perbelanjaan yang makin parah, sistem kehakiman yang nazak menanti ajal dan kezaliman serta salahguna kuasa yang terus menekan kehidupan rakyat.

Hak rakyat di negeri-negeri Pakatan terus dinafikan. 1Malaysia hanyalah sekadar slogan lunak dan enak bak madu namun di dalamnya terlarut racun bisa yang busuk, jijik dan meloyakan.

Saya menyeru seluruh pimpinan untuk sama-sama mengembleng tenaga dan upaya untuk terus komited dan setia dalam perjuangan Reformasi ini.

Semangat perjuangan baru perlu terus dicari. Anak muda mesti berani untuk terus melawan rasuah dan salahguna kuasa. Wanita srikandi Reformasi perlu bersungguh meraih sokongan dan menyampaikan mesej perjuangan yang kita bawa. Reformasi harus terus!

Di akhir pidato, saya lontarkan pantun ini buat hadirin:

Telur tembakul disimpan rapi,
Sekian lama sudah kempunan;
Akan kuredah lautan api,
Asal rakyat memberi perkenan.

ANWAR IBRAHIM

Anwar issues ultimatum to party leaders - Malaysiakini

PKR de facto leader Anwar Ibrahim has given party leaders and members two choices - stay loyal or leave if they do not want to adhere to party policies.

NONEHe said he could accept criticisms against the party, but would not compromise with leaders and members who could not follow the stipulated party policies.

"All party members must support the transformation agenda, work for the Pakatan Rakyat or be sacked from the party," he said when opening the Penang PKR convention, here, tonight.

Anwar said the stance was taken as there were many PKR leaders who wanted stern action taken against errant members.

"Give your commitment to the party or leave the party and join Umno," he said.

Dalai Lama visits region claimed by China

Tibetan spiritual leader the Dalai Lama gestures on his arrival at Tawang monastery.
Tibetan spiritual leader the Dalai Lama gestures on his arrival at Tawang monastery.

NEW DELHI, India (CNN) -- The Dalai Lama on Sunday visited a region of India close to Tibet which China claims as its own, his spokesman said.

Thousands of people turned up at Tawang in India's mountainous state of Arunachal Pradesh to receive the Tibetan spiritual leader, spokesman Tenzin Taklha told CNN.

It is the second time this year the Dalai Lama has visited a region over which China claims sovereignty, after a trip to Taiwan this summer.

China -- which controls Tibet -- sees the Dalai Lama as a separatist and has pressed countries around the world not to extend official recognition to him.

He fled Tibet as a youth and has lived across the border in India for decades.

His visit to the region comes barely a month after China lodged a protest with India over a trip to Arunachal Pradesh by Indian Prime Minister Manmohan Singh.

India and China fought a brief but bitter border war over the region in 1962.

India regards Arunachal Pradesh as an "integral" and "inalienable" part of the country.

Aides of the Dalai Lama insisted his Arunachal trip was "non-political." "He is there mainly for teaching and meeting people," Taklha said.

The Dalai Lama said his trip to Taiwan in August was also not political, but to pray with survivors of a devastating typhoon.

On Sunday, he led prayers at a monastery in Tawang after his arrival. The visit is due to last until until November 15, his spokesman said.

Seminar PAS: Ucapan penutup Presiden







POLICE BRUTALITY CONTINUES WITH 5 SHOOT DEAD

By MPKapar,

It seems Royal Malaysian Police changed their strategy after Kugan’s brutal murder while under their custody. Along with Home Ministry KPI to reduce street crime by 20% , the police now keep firing towards those they suspect as Criminals. The latest in Kapar Parlimentary where 5 suspected robbers was shoot killed around 1230-0100am.

What puzzle me why do we need Parliament and Court then? How do Police ascertain their are criminals that need to be killed? And why do , those shot killed has to be Indians, are all Street Criminals are from this category of people? And knowing well Kapar , why there isn’t Police beats like elsewhere especially in Iskandar region? Busy protecting the rich probably.

Further I found few variant of reports , 1 as reported by Star Online which claim all 5 believed to be dangerous and high on the wanted list, were involved in at least 10 robberies in Selangor and the Klang Valley for the past one year.

Selangor CID chief Senior Asst Comm II Datuk Hasnan Hassan said a team from the Klang district serious crime division spotted the five men in a Perodua Kelisa in Lorong Sungai Keramat around 12 midnight.

Realising that they were being followed, the robbers tried to forced the police car off the road while firing a few shots at them.

The police then returned fire while giving chase.

The suspects’ car seemed to have gone out of control and crashed into a monsoon drain, said SAC Hasnan.

While a SMS message from Police personnel do inform myself as below :

maklum kes tembk mati, 5L india pada jam 0300 hrs samasa sepasukan polis d9 ipd klang sedang membuat rondaan cegah jenayah di kaw sg keramat, Jln Kapar Klg Utara telah nampak sebuah kereta kelisa no bgk 2830 yg dinaiki oleh 5L India dlm keadaan mencurigakan. kemudian pihak polis telah cuba menahan buat pemeriksaan sambil kenalkan diri polis. saspek telah mengundurkan kereta sambil melepasakan tembakan. bagi mempertahankan diri pihak polis telah berbalas tembakan dan mengenai kelima-lima saspek mbbkan kesemua mereka mati. Identit sebenar masih belum diketahui, tiada dokumen diri dijumpai. Salah seorang sapek di kenali nama (PCO Boy-saspek utama) dan mempunyai 13 rekod jenayah dan 9 kes wanted samun. Kereta guna no palsu . 1 pistol semi auto jenis Remington (3 peluru dlm megezin) , 6 bilah parang/pedang (2 drnya dlm beg) dijumpai sama. Kereta d guna hasil samum di Kajang pada 2/11/09 siasatan lanjut masih dijalankan.Tq

Both Information originated from police force, which is true. How does HIGH Speed car chasing happen ? Note it’s Perodua KELISA not Ferrari .

We can accept one of them have criminal records, why do another 4 whom may had surrender need to be killed. Does that means for every 1 criminal , 4 Malaysian must died?

As elected representative of Kapar, I paid a visit to extend my condolences to family member of those affected. Present at the mortuary is ADUN Kota Alam ShaH YB M Manogaran. Based on our mingling with family members and friends present, at least 3 of the victim don’t have any prior criminal record or have involved with any activities against the law.

So the Police in Malaysia are the KING ( POLIS RAJA DI MALAYSIA) as they authorised to kill anyone .

Asri issue: Group makes eight demands

(Malaysian Mirror) - More than 100 Muslim missionaries, rallying under the banner of a so-called Kelompok Intelektual Muslim Muda (KIMM), or Young Muslims Intellectual Caucus, have forwarded eight demands in connection with the issue of former Perlis mufti Dr Asri Zainul Abidin.

Group spokesman Dr Azwira Abdul Aziz, a member of the Perlis Fatwa Council and a Universiti Kebangsaan Malaysia lecturer, said KIMM is demanding that the respective state Islamic affairs authorities:

- discard their prejudice against religious scholars (ulama) and missionaries (pendakwah) and stop allegations that are without reason or basis

- give just treatment, and without prejudice, to reputable missionaries and not ignoring their qualification or stopping them from delivering religious talks

- stop the accusations that those who give differing views are advocates of the Wahhabi sect (an outlawed school of jurisprudence)

Stop the insults and demeaning remarks

- stop any individual or group that upholds Malaysia’s religious institution from making accusations against the Saudi Arabin government and its Islamic scholars. Besides making false claims, such accusations can bring dire implications in the relationship of the two countries

- stop any insulting or demeaning remarks by any party against the learned men of Islam who are venerated for their wisdom, judgment, and experience, such as the imams of the four mazhabs (school of thoughts), Ibn Taimiyyah, Ibn Qayyim, Syatibi, Muhammad Abd Wahab and other judicious figures

- provide room for Islamic miasri-syariah-case-5.jpgssionary groups, recognised as not being deviant, to spread the teachings of Islam

- waive the need for an ‘official state certification’ (tauliah) for those who already have recognised accreditation in Islam and religious knowledge

- open their mindset to the fact that even though some practices and adherence to Islamic teachings are different from that that are practised and understood by the local community, they should not be construed as deviant.

Speaking at a late night press conference here on Saturday, Azwira hoped the demands made by KIMM will get the attention of all relevant parties so that Islamic missionary can progress further and more rapidly.

Asked how the demands are connected to the action by the Selangor Islamic affairs department (JAIS) against Asri, Azwira said: “We object to the way Asri was arrested.”

Certification reqirement

On the question of certification, as required by JAIS, Azwira said: “I am a member of the Perlis fatwa council and a lecturer at the UKM’s department of Quran and Sunnah Studies.

“When I once applied for a certification from JAIS, I was called to be interviewed but, eventually, was also rejected by JAIS without any reason given

“There are many others, including from among the KIMM members, who had applied for such certification and are still waiting for an approval,” who wrote the book, Siapakah Ahi Sunnah Yang Sebenar? (Who are the real followers of the Sunnah?)

Azwira said it was surprising that in the case of self-proclaimed ‘Malay prophet’ Kahar Ahmad, the issue of certification was not brought up. He added that this constrasted with the case of Asri, a recognised and qualified lecturer who was stopped from giving a religious talk.

KIMM advisor and former Perlis menteri besar Shahidan Kassim said there had lately been a lot of confusion among Muslims in Malaysia, arising from the arrest of Asri and the issue of Wahhabi, a sect attributed to an 18th century scholar in Saudi Arabia.

"Why is it that a motivator who speaks on the issue of religion is not required to have official certification while a religious speaker who speaks on motivation is required to get the tauliah first?” he asked.

“This would mean that all our ustaz (religious teacher) would require 14 certifications (one each from the 13 states in the country and another from the Federal Territories),” Shahidan said, adding that he took had been accused of being a Wahhabi follower for 12 years when he was the Perlis MB.

Referring to a recent statement by Johor menteri besar Abdul Ghani Othman that Asri and any other religious preacher are welcomed to give religious talks in the state, he said he was thankful to the MB and the Johore religious authorities.

Voters unconvinced with PAS leadership, favours Nik Aziz to Hadi

By Asrul Hadi Abdullah Sani - The Malaysian Insider

Pollsters identified a strong preference for Nik Aziz (left) over Hadi Awang. — Picture by Choo Choy May

KUALA LUMPUR, Nov 8 — The majority of voters are not convinced with the current PAS leadership and perceive its leaders as the most dominant problem in the party, a new poll shows.

The poll conducted by Zentrum Future Studies Malaysia from 20 February 2008 to 5 March 2009 showed that 50 per cent of the 2,100 respondents found the main issue to be PAS’ leaders while 27 per cent regarded the party’s ideology as a major stumbling block.

The survey showed that only 31 per cent of respondents were in favour of the current party leadership.

The Zentrum poll also suggests that more Malaysians were in favour of PAS spiritual leader Datuk Niz Aziz Niz Mat compared to party president Datuk Seri Abdul Hadi Awang, with 83 per cent confident in Nik Aziz’s leadership compared to Hadi’s 33 per cent.

The survey showed that one in three respondents identified both Hadi and deputy president Nasharuddin Mat Isa as the weakness in the party leadership, while four per cent perceive Nik Aziz as the weak link.

The poll also indicates that 44 per cent of those surveyed viewed positively the leadership of PAS’ women’s wing, while the Youth wing and central party leaderships scored 25 and 24 per cent respectively.

Although the party leadership was popular among the age group of 41 to 50 years old, support from those between 21 and 30 was dwindling.

For PAS, getting the young is now a priority for the next general elections but Hadi’s low popularity with younger voters may be an obstacle, with 70 per cent of the 21-30 age group expressing a loss of confidence in the leader and 40 per cent considering him the weakness in the party. The survey also shows that 70 per cent of the age group are unhappy with the top two leaders in the party.

The poll suggests that Malaysians are wary of the hard-line stance that the party projects with the current conservative line-up led by Hadi and Nasharuddin.

The party now seems on course to further distance themselves from voters after 1,000 PAS delegates at a special seminar yesterday concluded that the party must stick to its Islamic line even at the expense of Pakatan Rakyat.

While Nik Aziz has endorsed the pact, many delegates remained suspicious of the role allies DAP and PKR could play in championing the Islamic cause.

They wanted the party to stick to its Islamic line, which has been blurred by Umno’s active Islamic campaigns that have included enacting laws such as caning for alcohol consumption.

The latest poll suggests that for PAS to become a mainstream political party, it needs to reform its hard-line stance to a more accommodating approach or risk not repeating the achievements of 2008 as the party can no longer rely on anti-Umno sentiments to support them.

University Malaya (UM) professor Dr Abu Hassan Hasbullah made that point clear when presenting the report at the seminar yesterday, saying that the trend to support the opposition could change in the next general elections.

“The days of ABU, Anything But Umno, are over,” he said bluntly.

Selangor MB slams PAS delegates

By Asrul Hadi Abdullah Sani - The Malaysian Insider

KLANG, Nov 8 — Tan Sri Khalid Ibrahim said today he was disappointed with allegations made by PAS delegates yesterday that Pakatan Rakyat was not doing enough to champion Islam.

He told them to instead “walk the talk” themselves.

Yesterday at PAS’s special seminar, some party delegates accused PR of not championing Muslim rights and were suspicious what role Islam could play in its ties with allies DAP and PKR.

The Selangor Mentri Besar stressed today that Islam requires Muslims not only to preach but also to be proactive.

“Islam itself requires us to be proactive as a Muslim, it is not expecting other people or it is the Ummah (society) itself has the social responsibility but in Islam also it tells us that we must not only preach but also do.

“So if someone wants to complain that Pakatan Rakyat, then that Muslim has to say that he has spent 2,000 man hours promoting and there is nobody that has done it,” he said.

He added that the delegates must set a good example before making accusations.

“I myself am doing it, we don’t complain. We promote Islam,” he said.

Khalid also told PAS to earn its leadership role and not expect it.

“If you want to be a leader, people have to accept you as a leader. It is not you want people to say that you are a leader. No, you earn your leadership and respect,” he said.

Yesterday’s PAS seminar showed its members were now concerned over a blurring of lines and its future direction in PR.

Some 1,000 PAS delegates at the special seminar to strengthen the party and affirm its place in PR concluded that the party must stick to its Islamic line even at the expense of the federal opposition pact.

PAS Selangor were at loggerheads with PR when the party’s state commissioner Datuk Hasan Ali criticised the state’s select committee for competency, accountability and transparency (Selcat) for “bullying public servants” during a recent public inquiry.

The outburst by the PAS leader reignited discussions on Hasan’s loyalty and his party’s commitment to PR in Selangor.

Hasan previously clashed with PR colleagues over the sale of beer at convenience outlets in Shah Alam, and a plan to empower mosque committee members and workers to police immoral activities in the state.

PAS state liaison committee secretary Mohd Khairuddin Othman has also issued a statement of the party’s support for Hasan and warned that the party was considering pulling out of the state government.

Recently PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat wanted a special muktamar to rid the party of leaders whom he described as “problematic” and seen to favour working closely with Umno instead of strengthening PR.

He had named Hasan along with Nasharuddin and secretary-general Datuk Mustafa Ali as those who had made the party look inconsistent.

However, PAS central committee members recently unanimously decided not to call for a special muktamar but to hold yesterday’s seminar instead.

Gary Nair speech and Anwar broken promise

When will MACC command public confidence to the extent that Malaysians will publicly rally to its support against any obstruction of anti-corruption e

I have been asking myself – When will MACC command public confidence to the extent that Malaysians will publicly rally to its support against any obstruction of anti-corruption efforts as is happening in Indonesia?

In Indonesia, we are seeing the phenomenon of the Indonesian people publicly rallying to the support of the Indonesian anti-corruption agency, the Corruption Eradication Commission (KPK) to protest moves to frame KPK investigators and cripple the KPK anti-corruption campaign.

The Indonesian public believe that that the KPK has become the target of the police and the attorney-general’s office because of its reputation of putting corrupt officials behind bars – even those in high places.

Indonesians respect the KPK but have little faith in the police or the judiciary.

Two KPK anti-graft investigators became the cause célèbre in Indonesia, with a million people joining Facebook supporting them, over a conspiracy by Indonesia’s top detective and the country’s chief prosecutor to falsely imprison them over extortion and abuse of power.

Indonesians across the archipelago sat transfixed for hours as wire-tapped recordings were broadcast on national television of discussions between members of the police, the attorney-general’s office and a businessman in a conspiracy to weaken the KPK by framing the anti-corruption agency.

When will such a phenomenon take place in Malaysia with the Malaysian public rallying to the defence of MACC to support its anti-corruption campaign?

In Malaysia, if there is a public demonstration it will be against the MACC and not in support for the anti-corruption agency – as in the case of the mysterious plunge to death of DAP aide Teoh Beng Hock on July 16 after he went to the 14th floor MACC headquarters in Shah Alam to help in MACC investigations over a RM2,400 constituency allocation.

The Indonesian KPK has won the trust and confidence of Indonesians as it had made enemies across the spectrum of Indonesian government and administration for its successful prosecutions and its far-reaching powers to wiretap suspects and probe their bank accounts.

MACC however achieved the exact reverse, forfeiting even more public support and confidence than the Anti-Corruption Agency which it replaced on January 1 this year as it has proved to be even more of a catspaw of Umno/Barisan Nasional masters to further their political agenda against the Pakatan Rakyat.

(Speech by DAP Parliamentary Leader and MP for Ipoh Timor Lim Kit Siang at the Pakatan Rakyat Deepavali reception at Teluk Intan on Sunday, 8th November 2009)