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Thursday, February 11, 2010

‘You lied, Sir’ Karpal makes waves by accusing judge in Anwar sodomy trial. (The Star headlines 11/2/2010)

But would Karpal Singh put his foot down to this extent had it even been a critical Indian issue? On a similar note would The Star cover it in their headlines or would they cover the story in the first place had it even been a critical Indian issue?

A cursory perusal of this HRP’s website www.humanrightspartymalaysia.com over the last few months would answer these questions.

S. Jayathas

Information Chief.

you-lied

40% of Indians yet to register as voters

dap-112

dap-2

Water, electricity, basic food to be exempted from GST

By Lee Wei Lian - The Malaysian Insider

KUALA LUMPUR, Feb 11 — About 40 basic goods and services will not be subjected to the new goods and services tax (GST).

These include basic foodstuffs, residential accommodation, health services, public transportation and domestic consumption of water and electricity up to a certain limit, said Finance Minister II Datuk Seri Ahmad Husni Mohamad Hanadzlah at the national conference on GST here today.

He added that the government will also introduce an anti-profiteering law to ensure that businesses do not try to gain unjustifiable profits from GST.

The Najib administration is proposing the implementation of GST to broaden the government’s tax base and raise revenue.

In the region, only Malaysia, Brunei, Myanmar and Hong Kong have not implemented GST.

“If 143 countries have done it, why not us?" said Husni.

There has been some public concern that prices would be much higher post-GST implementation but Husni said that according to government calculations, the consumer price index, a measure of the inflation rate, would be lower.

Dr Zakariah Abdul Rashid, executive director of the Malaysian Institute of Economic Research (MIER), said that GST will not result in higher prices across the board but will be lower in some categories and higher in others.

He acknowledged however that GST will incur higher compliance costs but tax leakages will be reduced through thorough auditing.

He also said that experience in other countries showed that consumers would stock up on items perceived to go up in prices ahead of GST but it would be a temporary effect.

“Consumption and growth returns to normal after a short period of time,” said Zakaria. “GST will result in a one off change in aggregate price level.”

He also suggested that the government provide rebates to cushion the effects of GST and that through GST, other forms of tax such as corporate and income may be reduced.

Husni said that the government would continuously look at ways to make Malaysia’s tax structure regionally competitive.

“We have reduced our corporate tax and we have shown to be willing to reduce personal income tax in specific instances (Iskandar),” said Husni. “The GST therefore should be seen as an integral part of the country’s economic strategy.”

Muhyiddin says PERC report is nonsense

By Asrul Hadi Abdullah Sani - The Malaysian Insider

KUALA LUMPUR, Feb 11 — Deputy Prime Minister Tan Sri Muhyiddin Yassin (picture) has described a regional political risk consultancy report which said Malaysia was veering towards instability as “nonsensical”.

Muhyiddin said that the Hong Kong-based Political and Economic Risk Consultancy (PERC) must be “talking through their nose”.

“I don’t think we need to react to all these nonsensical reports coming from those who know nothing about the country.

“Maybe those guys are sitting at a table somewhere in a remote corner of Hong Kong.

“They have to come here and we will be happy to bring them down here and see what is stability, what is security, what is war, what is trouble,” he told reporters today after a function at the Felda headquarters here.

PERC reported that the impression that Malaysia has given since New Year’s Day was that the situation in the country is becoming increasingly unstable.

In a blistering report on Malaysia released at the end of January, PERC also asserted that a group of elite minorities were dominating the national agenda to the extent that it was hurting Malaysia’s attractiveness to investors.

The consultancy, which also publishes reports on the risk ratings of other Asian countries, said it is “probable” that no other Asian country is suffering from as much bad press as Malaysia.

Among the developments that caught its attention were the theft of military jet engines, detention of terror suspects from a number of African and Middle East countries following warnings that Islamic militants were planning attacks on foreigners at resorts in Sabah, renewed ethnic and religious “violence” that included arson at some churches and desecration of mosques, and controversy over the integrity of key institutions like the judicial system in the sodomy trial of opposition leader Datuk Seri Anwar Ibrahim.

The report noted that the government is blaming the international media for exaggerated reporting and Prime Minister Datuk Seri Najib Razak had argued that the focus should not be on the fringe groups that are causing problems but on the majority of Malaysians who are coming together to condemn the recent acts of violence following the ‘Allah’ controversy.

But PERC maintained that the root of the problem was a vocal minority that is dominating the national agenda.

Muhyiddin claimed that the report appeared to be part of a hidden agenda to destabilise the country.

“All these reports have obvious ulterior motives with intention of not helping. We are not asking them to help us anyway. We are helping ourselves and we don’t need their comments because I think a lot of other people know and evaluate ourselves very objectively. We are not basing it on emotions but facts and reality. The fact is that Malaysians are happy and are not facing any major disaster and there is no racial trouble in the country or war among us. So what are they talking about?

“I think they must be talking through their nose,” he said.

Blogging is so yesterday, politicians turn to Twitter

By Syed Jaymal Zahiid

KUALA LUMPUR, Feb 11 — The political battleground is changing. Blogs, once the main source of “alternative” political news and the perfect arena to court public opinion, are giving way to Twitter.

Internet pundits here note a steady decrease in traffic for blogs while microblogging services like Twitter have seen the opposite, a phenomenon observers believe is brought about by opposition icon Datuk Seri Anwar Ibrahim’s Sodomy II trial.

The 62-year-old PKR de facto leader has been actively tweeting as a way to counter what has been described as the ruling coalition’s alleged attempt to demonise him through government-linked media.

“Our observations show that there has been a steady decrease in blog traffic while sites like Facebook and Twitter have seen an increase in visitors,” DAP information technology chief Goh Kheng Teong told The Malaysian Insider.

“This can be attributed to the ongoing Sodomy II trial and also the quick and mobile nature of Twitter. Blogs are usually only frequented by hardcore supporters,” said Goh, who maintains and operates DAP’s online activities.

The keywords are mobility and speed. Unlike blogs, Twitter’s emphasis on short status updates over often personal journals has made it more attractive.

A microblogging site like Twitter allows political leaders like Anwar, DAP stalwart Lim Kit Siang and Umno maverick Tengku Razaleigh Hamzah to send short instant updates, ideas and thoughts on current affairs instead of long personal journals.

This means subscribers get “live” updates by following these leaders on Twitter. Anwar’s 5,108 Twitter followers are constantly fed with “live” updates of the trial, an element absent with blogging.

A Twitter subscriber noted this through a tweet. The subscriber by the name “badyanaril” said: “I join Twitter because I need to have live feed on Anwar Ibrahim’s case.”

A study showed 3G mobile user numbers are rising sharply. From 3 million in 1999, the numbers have skyrocketed to 28.9 million up to last year and is still growing, which makes applications like Twitter, designed specifically for mobile-phone users, the preferred option for information.

This has prompted leaders from Barisan Nasional, including Prime Minister Datuk Seri Najib Razak who has more than 10,000 followers on Twitter, to hop on the bandwagon.

“It's a new phenomenon. Twitter subscribers can get updates on what they think, feel about a particular issue and it’s inclusive. This is something that other media like televisions and newspapers cannot do.

“It’s short, attractive and the best way for them to connect with the voters instantly,” said Ibrahim Suffian, director of independent polling house Merdeka Center.

PKR communications director Jonson Chong, a “hardcore tweeter”, however, believes blogs are still relevant. Unlike Twitter, blogs give readers the chance to learn in detail what political leaders feel about current issues.

“They are two different things. They are catered for two different crowds. With Twitter, you get snippets of information but blogs give you in-depth information,” he told The Malaysian Insider.

But Chong admitted that Twitter is attracting more hits than blogs. In fact, information from Twitter will reach voters first instead of blogs which makes the microblogging service the primary arena to win public opinion, said the PKR leader.

“So we use Twitter to promote our blogs,” he said smiling.

Muhyiddin expects mass exodus from failed Pakatan

By Asrul Hadi Abdullah Sani - The Malaysian Insider

KUALA LUMPUR, Feb 11 — Tan Sri Muhyiddin Yassin said the current infighting in the opposition pact shows that Pakatan Rakyat (PR) has failed as a coalition.

The Barisan Nasional (BN) deputy chairman believes that there will a mass exodus from PR.

“I imagine that there would be a mass exodus and I think it is already happening for obvious reasons because the problem is very glaring. The dissatisfaction cannot be hidden anymore,” Muhyiddin (picture) told reporters at the Felda headquarters here.

“It is out in the open, how they are not satisfied with the way Lim Guan Eng is running the state. They are not happy with how Khalid Ibrahim is running the state. Of course, even in Kedah with the failure of managing the state in terms of providing water and utilities. Obviously it has shown the failure and what we hope is that the public would be aware of this,” added the Umno deputy president.

Muhyiddin said the animosity between the different opposition parties was a clear indication that PR is not sustainable.

“The fact that there is a war out in the open among the various components of the opposition indicates that they can’t work together. It is only a year plus after the last election but they seem not to be sustainable. Whereas BN has shown the way forward. I think the comparison is very clear,” he added.

PR is currently embroiled in a crisis as its de facto leader Datuk Seri Anwar Ibrahim faces a career-ending sodomy trial with infighting between its members intensifying.

Three PKR federal lawmakers — Zulkifli Nordin (Kulim Bandar Baharu), Datuk Seri Zahrain Hashim (Bayan Baru) and Tan Tee Beng (Nibong Tebal) — have been referred to the party disciplinary committee for their outburst against the party’s partners in PR.

Also ordered to face the disciplinary committee is former law minister and architect of PR’s common policy framework Datuk Zaid Ibrahim for criticising the party for not taking immediate action against Zulkifli, who had lodged a police report against PAS’s Shah Alam MP Khalid Samad over the “Allah” row.

Zulkifli has also predicted on national television there will be mass resignations from PKR in the next two or three weeks, saying party members have lost faith in PKR’s leadership for ignoring their complaints about the DAP.

He also said that DAP was not needed and that it was a “thorn in the flesh” of PR.

Bala says no to Singapore rendezvous with MACC

By G. Manimaran - The Malaysian Insider

KUALA LUMPUR, Feb 11 — Elusive private investigator P. Balasubramaniam (picture) has declined to meet the Malaysian Anti-Corruption Commission (MACC) in Singapore in order to give his testimony about allegations surrounding the murder of Altantuya Shaariibuu.

He is the MACC key witness in its investigation into allegations made about the involvement of Datuk Seri Najib Razak's family in the Mongolian model’s case.

“They (MACC) want to take my client’s testimony at our High Commission in Singapore, but we decline,” said his counsel Americk Sidhu to The Malaysian Insider.

He did not give specific reasons but it is known that Balasubramaniam has made his personal security a prerequisite for his testimony and was unwilling to compromise it.

Americk said his client had other objections too.

“They want to classify all our correspondences as ‘secrets’ under the OSA, which we disagree to, and I am not at liberty to say more until we receive feedback to our letter expressing our disagreement to the conditions they intend to impose on us,” said Americk.

In mid-January after becoming Chief Commissioner of the MACC Datuk Abu Kassim Mohamed on Jan 1 stated that his team was willing to meet Balasubramaniam anywhere overseas to get his testimony, after the release of a new recording connected to Altantuya.

Balasubramaniam has been abroad for more than a year after making two statutory declarations (SD) in relations to Altantuya, who was murdered in 2006.

His second SD made the day after his first one, debunked his initial declaration.

Abu Kassim sees Balasubramaniam as the key witness in their investigations and has said the MACC is willing to take any measures to get Balasubramaniam’s assistance in the matter.

In early January Balasubramaniam expressed through his attorney that he was willing to speak to the MACC

In the email sent to the MACC, Balasubramaniam outlined six conditions, including having the interview in either Singapore or London.

Americk stressed that his client was willing to assist the MACC as long as his security was not compromised.

On Dec 4, PKR Youth chief Shamsul Iskandar Mohd Akin made a report and handed over recordings of a Balasubramaniam interview implicating Prime Minister Datuk Seri Najib Razak’s brother in the filing of his second contradictory SD.

The said interview was made with three lawyers in Singapore last year.

After local websites posted the interview, PKR Youth leaders filed a report to the MACC naming Datuk Nazim Razak and carpet trader Deepak Jaikishan, asking them to be investigated.

Deepak is alleged to be a close associate of Datin Seri Rosmah Mansor, the wife of the prime minister.

Raja Petra's son warded after swallowing razor blade

(Bernama/Malaysiakini) - Raja Azman Raja Petra, a son of Malaysia Today editor Raja Petra Raja Kamarudin, who was recently jailed for theft has been warded after he was believed to have swallowed a razor blade.

Gombak police chief ACP Abdul Rahim Abdullah said the 34-year-old Raja Azman was spotted in a weak condition in his cell at the Sungai Buloh Prison by a warder while making his rounds on Tuesday evening.

Abdul Rahim said Raja Azman, who also had slashes on his wrist, was immediately rushed to the Sungai Buloh Hospital and was reported to be in a stable condition.

In his blog, Raja Petra claimed that his son inflicted the injuries as he could no longer take the physical and mental torture he was subjected to by the prison authorities.

Rahim, however, refused to comment on the allegation.

"Investigations are still at the early stages. Give us time," he said when contacted.

Raja Azman, the second child of Raja Petra, had last year pleaded guilty at the Kuala Lumpur Magistrate's Court to four counts of theft, receiving stolen property and criminal trespass.

He was accused of stealing a Nokia mobile phone, a Seiko watch, and a bunch of motorcycle keys, all worth about RM3,850, belonging to student Saipul Adli Mohamad Yunus, 21, at No 16, Jalan Sastera, U2/1K, Section U2, Shah Alam, at about 10am on April 24.

He was also accused of stealing a Yamaha 135 LC motorcycle worth about RM6,000 from student Ahmad Firdaus Jalaludin, 23, at the same location and time.

EDITOR'S NOTE: The Bernama and Malaysiakini reports above are inaccurate. Raja Azman pleaded guilty to the charges after he was beaten up in the police station and was forced to plead guilty. He later told the court he was beaten up to force him to plead guilty.

He then withdrew his guilty plea and pleaded NOT guilty

Raja Azman has also not been jailed as the reports say. He is under remand in the Sungai Buloh Prison while awaiting trial because he did not apply for bail.

Both the Bernama and Malaysiakini reports are incorrect.

Furthermore, Raja Azman was admitted into the psychiatric ward after going berserk during a beating session and was later transferred to solitary confinement.

On 6 February 2010 he was again subjected to a beating and then transferred to a punishment cell meant for one. However, Raja Azman was made to share this cell with five other prisoners.

While in this punishment cell, Raja Azman was given the razor blade, which he used to slash his wrist and then he swallowed the razor blade.

This is to correct the errors and omissions in the Bernama and Malaysiakini reports, which we believe was done with malicious intent.

Nazri: Malaysia Upholds the Rule of Law

The Wall Street Journal
The editorial published prior to the beginning of the judicial proceeding against opposition leader Anwar Ibrahim ("Anwar's Second Sodomy Trial," Feb. 2) presented a misleading characterization of the trial by focusing on the view of the defendant, rather than presenting a balanced account that included a fair presentation of Mr. Anwar's alleged victim. As a consequence, The Wall Street Journal Asia falsely cast this trial as politically motivated and portrayed the defendant as the victim.

This case is not political, but a matter to be worked through in our criminal justice system, as it would in any other country. The alleged victim and his family are seeking justice, as is their right under the law.

Malaysia recognizes the presumption of innocence, and this case is no exception. As is the standard practice in Malaysia, the rights of both the accuser and the accused will be respected during the trial of Mr. Anwar. We support due process as each party has an opportunity to present their case to an impartial judge.

Similarly, our government is dedicated to upholding the rule of law and the principle that no one is above the law. Again, this case is no exception. Malaysia's legal system has the obligation to proceed, not because the accused is Mr. Anwar, but because it has the responsibility to protect and pursue justice on behalf of Malaysian citizens, irrespective of politics.
Nazri Abdul Aziz

Anwar suffers another setback

PUTRAJAYA: The Anwar Ibrahim trial may be over by the time the opposition leader gets a hearing on his application for a review of the Federal Court’s ruling that denied him access to key documents to help him prepare his defence.

According to a Bernama report, one of his lawyers said yesterday that the Federal Court Registry had told him the hearing would be on Feb 25 in the afternoon.

“It is most regrettable that such a late date is given for such a crucial decision,” said the lawyer, S.N. Nair. “By then the Criminal High Court would have adjourned the sodomy trial. The High Court had fixed Jan 25 until Feb 25 for trial.”

On Feb 3, Anwar’s defence team met Court of Appeal president Tan Sri Alauddin Mohd Sheriff and asked for the review application to be heard urgently, but the court did not give any date.

thenutgraph.com

IT is a cardinal rule in the game of musical chairs that once someone has occupied a seat, no one else can validly sit in it. The Federal Court however, appears to think otherwise in declaring the Barisan Nasional (BN)'s Datuk Seri Dr Zambry Abdul Kadir the rightful Perak Menteri Besar. This is despite the fact that ousted Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin, from Pakatan Rakyat, never resigned from office.

one judge razzing the other

The Federal Court ruled that the sultan could establish a loss of confidence in the menteri besar by referring to "extraneous sources" and therefore appoint a new menteri besar. In its 11 May 2009 decision, however, the High Court said that this could only be decided by a vote of no-confidence in the legislative assembly.

Party politics and even Perak aside, has the Federal Court's decision helped or hindered Malaysia's progress in becoming a more genuine democracy? Should the sultan or any other head of state have the power to decide when a menteri besar has lost the assembly's confidence? Or is a democratically-elected legislative assembly the proper forum for such issues to be settled?

"Extraneous sources"

Article 16(6) of the Perak Constitution states that if a menteri besar loses the majority's confidence in the state assembly, then he or she shall resign together with the executive council. This must happen unless the sultan dissolves the assembly at his or her request.

The Federal Court's unanimous decision was that Nizar had indeed lost the majority's confidence in the assembly. They cited several reasons for their conclusion:

1Nizar himself admitted this loss of confidence by requesting the sultan to dissolve the assembly under Article 16(6), and

2Thirty-one out of 59 Perak representatives had declared their support for the BN to the Sultan of Perak.

The court rejected Nizar's argument that he had invoked Article 36(2) instead of Article 16(6). Article 36(2) confers general powers on the sultan to dissolve the assembly without mentioning any prerequisites.

At any rate, the Federal Court ruled that regardless of which article Nizar invoked, it was clear that Nizar had lost the majority's support. This was because of the undisputed testimony of the 31 elected representatives to the Perak Sultan.

The sultan was therefore right in concluding that the assembly had lost confidence in Nizar and hence was also correct to direct Nizar to resign. Since Nizar failed to resign, to give effect to Article 16(6) which states that the menteri besar shall resign upon losing confidence, his seat was therefore deemed vacant and a new menteri besar appointed.

The Federal Court also affirmed the sultan's right to refuse to dissolve the assembly despite the menteri besar's request as this was within the ruler's absolute discretion.

Legislative assembly decides

High Court Judge Datuk Abdul Aziz Abdul Rahim, whom the Court of Appeal and the Federal Court overruled, took a different view.

He held that only a vote in the legislative assembly could determine the loss of the majority's confidence as described under Article 16(6). Although he firmly affirmed the sultan's constitutional role to appoint a menteri besar, Justice Aziz said the sultan's opinion was "irrelevant" when it came to ascertaining a loss of confidence amongst assembly members. His reasons were as follows:

1Nothing in Article 16(6) says the sultan is involved in ascertaining a loss of the majority's confidence in the assembly.

2Article 16(7) expressly states that the menteri besar does not hold office at the sultan's pleasure. The sultan therefore has no power to dismiss or direct a menteri besar to resign.

3Article 16(5) also states that the executive council, which the menteri besar heads, is collectively responsible to the legislative assembly.

Justice Aziz concluded that as the menteri besar was accountable to the assembly, and not to the sultan, it is only through the assembly that a loss of confidence can be determined.

This was in line with established precedents such as the Stephen Kalong Ningkan case in 1966. It was held by the Borneo High Court then that the Sarawak Governor had no jurisdiction to direct the chief minister to resign. This was despite the governor receiving a letter signed by a majority of the state assembly declaring their loss of confidence in the chief minister.

Deemed vacant?

Justice Aziz also ruled that even if it was established that the menteri besar had lost the majority's confidence, the constitution did not give the sultan any power to direct him to resign.


Nizar
He acknowledged that there appeared to be a lacuna in the law as the constitution was silent on what would occur if the menteri besar refused to resign. Justice Aziz stressed that nonetheless, it would be wrong to therefore conclude that the seat would be deemed vacant, stating: "...the Court is not at liberty to stretch or pervert the language of the constitution for the purpose of supplying omission or of correcting supposed errors."

Any lacuna should be dealt with by proposing an amendment to the constitution which can be debated in the assembly and not by the courts reading their own corrections into it.

As no vote was taken in the assembly on Nizar, a loss of the majority's confidence was therefore not established. Nizar therefore did not need to resign according to Article 16(6). And since he had indeed not resigned, Nizar was still the menteri besar. And as there was nothing in the constitution that allowed for Perak to have two menteris besar at the same time, Zambry's appointment was therefore invalid.

Democracy

Although the loss of the majority's confidence may seem like a simple mathematical sum which anyone can calculate, democratic structures and constitutions must be followed to ensure accountability and fairness. Malaysia has a constitutional monarchy and a ruler's prerogatives and discretions are strictly governed by the federal and state constitutions.

In the absence of any provision conferring power on the sultans, their opinions would be as legally relevant as any other Malaysian's in deciding state matters. Perak has a democratically elected state government, accountable to the people and subject to fresh elections every five years. Justice Aziz's conclusion that it was the assembly that should have determined the confidence issue, rather than the sultan, seems closer to democratic principles.


Zambry

Although the Federal Court is the apex court in Malaysia, and can freely overrule the High Court, it still has to do so based on sound reasoning and in reference to established precedents. In affirming Zambry's position, the Federal Court has read extra meanings into Article 16(6) of the Perak constitution other than what a plain reading would produce. These extra meanings are that:

The sultan can conclude that a menteri besar has lost the majority's confidence through extraneous sources despite the constitution giving no role to the sultan on this matter; and

That the menteri besar's seat can be deemed vacant if he doesn't resign, even though the constitution is silent on this.

Whatever the merits of this recent decision, its weaknesses will certainly not help build public trust and confidence in the judiciary's already battered image. And that surely cannot bode well for democracy in Malaysia.

Malaysia would have been spared the religious troubles of the past month if inter-religious dialogues had been institutionalized as an important aspec

PR leaders at 1st Pakatan Rakyat hosted Inter-Religious Dialogue

The Pakatan Rakyat Leadership Council decided on 31st January 2010 to convene tonight’s inter-religious dialogue because we believe that the overwhelming majority of Malaysians from all religions are men and women of good will and good sense who want religion to unite and not divide, to build and not to destroy, the nation.

During the course of the historic dialogue tonight, bringing together representatives from all the great religions in Malaysia to freely and frankly exchange views and share their common concerns for the best welfare of the country, I was struck by the thought that Malaysia would have been spared the religious troubles of the past month if inter-religious dialogues had been institutionalized as an important aspect of nation-building in the past five decades.

Bapa Malaysia and the first Prime Minister, Tunku Abdul Rahman, established the Inter-Religious Organisation to provide a common platform to bring representatives of all religions together to work for the common good and it is most unfortunate that Tunku’s initiative was discarded in the past few decades.

Tonight’s inter-religious dialogue is a historic one. As Dr. Herman Shastri has said, the mechanism of trust has broken down and in our challenge and task to rebuild this mechanism of trust, regular inter-religious dialogues among the different faiths in the country plays an important part.

We pride in holding out to the world that Malaysia is a model multi-religious country in the international campaign to promote tourism to Malaysia. Our leaders go on international forums to advocate inter-civilisational and inter-religious dialogues.

But the greatest anomaly is that inter-religious dialogues in the country are not encouraged by the authorities concerned, so much so that Pakatan Rakyat has to take this initiative to organize this historic inter-religious dialogue tonight to address the recent spate of attacks on places of worship of different faiths, which is giving Malaysia such a bad name internationally.

The Prime Minister Datuk Seri Najib Razak has come out with his 1Malaysia slogan and concept. What is 1Malaysia?

LGE and Religious Leaders at Pakatan Rakyat Inter-Religious Dialogue

I have always advocated that the objective of nation-building is to create a Malaysian who regards himself as a Malaysian first and his race (whether Malay, Chinese, Indian, Kadazan or Iban), religion (whether Muslim, Christian,Buddhist, Hindu, Sikh) or region second.

But over the years, I had not found any Barisan Nasional leader endorsing my definition of the objective of Malaysian nation-building.

I was pleasantly surprised that this definition has been adopted in the 1Malaysia Government Transformation Programme (GTP) Roadmap – “a nation where, it is hoped, every Malaysian perceives himself or herself as Malaysian first, and by race, religion, geographical region or socio-economic background second”. (p 11)

But is the Barisan Nasional government really serious about this objective of Malaysian nation-building?

If so, there would have been no need for any 1Malaysia slogan and concept for Malaysia today would be a 1Malaysia in fact and reality!

Let tonight’s event be the belated but historic start of the institutionalization of inter-religious dialogues as an important contribution to Malaysian nation-building, involving all stakeholders including the ruling parties.

[Closing remarks at the Inter-Religious Dialogue organized by Pakatan Rakyat held at The Club, Bukit Utama Golf Course on Wednesday, 10th February 2010 at 10.30 pm]

Pakatan Rakyat hosted Inter-Religious Dialogue

Muslims In The Country Should Project True Islamic Teachings - Dr Mahathir

KUALA LUMPUR, Feb 10 (Bernama) -- The Muslim community should be more active in projecting the true Islamic teachings to the non-Muslims in the country by practising the true teachings of the religion.

Former prime minister Dr Mahathir Mohamad said the Muslims should review deeply the Islamic teachings as stated in the Al-Quran, the true traditions of Prophet Muhammad (hadis) and must practise the true Islamic teachings so that the religion would be preceived to be dynamic and holy.

"In order to give such a picture, it is most important that the Muslims themselves demonstrate the culture propagated by Islam. At times, we find that the Muslims themselves behave in a manner that tarnishes the Islamic religion," he said in his speech at the 50th anniversary of Perkim 2010/1431 at the Federal territory Mosque, here Wednesday night.

In fact, he said there were still much criticisms and slanders against the Muslims especially the Malay Muslims.

"We are frequently branded as a religion of terrorism. In fact, there are people who accuse that the Prophet Muhammad (pbuh) was a terrorist leader. Our image is very bad currently," he said.

Accused in arsenic demo acquitted!

The magistrate in the long-running arsenic protest case has acquitted the 27 accused after the prosecution failed to produce material witnesses in court.


Free at last! - Photo courtesy of Tian Chua

The prosecutors had failed to produce the seven remaining witnesses including CID director Bakri Zinin in court, according to Tian Chua, one of those acquitted.

The marathon case lasted 10 years and five months and passed through the hands of six magistrates and five deputy public prosecutors, he noted. Thirty were originally charged: two of them passed away, one pleaded guilty (and was fined), leaving 27 behind.

The accused were charged with participating in a protest on 19 September 1999 over an alleged attempt to poison Opposition Leader Anwar Ibrahim with arsenic at a time when his first sodomy trial was ongoing.

Among the others acquitted are Hishamuddin Rais, Hatta Ramli, Sivarasa Rasiah, and Abdul Malek Hussin.

Arahan kepada yang ingin memiliki buku 'di sebalik misteri pembunuhan Altantuya'

Seperti yang diketahui, Najib mula gelisah dan ketakutan. Dia menikus dengan media luar yang mengaitkan dia dengan pembunuhan Altantuya tetapi bertindak seperti 'raja bersiong' menggunakan seluruh jentera kerajaan memburu rakyat sendiri.

Semalam PDRM (Jabatan Siasatan Jenayah Komersial, Bukit Aman) sudah 'berkunjung' ke rumah ibu bapa che'GuBard. Mereka janji datang lagi dengan waran geledah kerana mereka pulang hampa kerana dihalau oleh ibu cheGuBard. Jika dengan waran geledah mereka juga pasti hampa kerana buku itu tiada di situ. sila klik untuk baca mengenai 'sebuan' polis.

Memang arahan penghantaran cek atau wang pos menggunakan alamat rumah tersebut tetapi ia hanya menjadi tempat penerimaan wang pos atau cek segala urusan lain di uruskan oleh pihak lain dan di tempat lain.

Makanya kepada yang hendak membeli buku tersebut, harap elakkan juga terus 'terjah' ke rumah tersebut. Ingat hanya hantar cek atau wang pos.

Buku ini akan dijual dengan set
  • 1 buku 'Di Sebalik Misteri Pembunuhan Altantuya'
  • 1 vcd - menerangkan pertikaian kes Altantuya, kompilasi rakaman 'Perempuan Puaka', kompilasi ceramah mengenai Rosmah
  • 1 vcd - merakamkan 3 kenyataan Najib yang jelas berbeza dan menipu mengenai Saiful, VCD ini juga menerangkan apa yang dikatakan konspirasi fitnah 2

Sila ikuti dengan teliti cara pembelian di bawah.

cara 1
  1. hantar wang pos / cek bernilai RM 15 (untuk satu set) - Sabah dan Sarawak sila tambah RM5- atas nama BADRUL HISHAM SHAHARIN ke alamat 338, Taman Bukit Chedang, 70300 Seremban. (ingat hantar cek atau wang pos sahaja, datang sendiri tak dilayan malah akan kena marah dengan mak cheGuBard hahahaha)
  2. jangan lupa hantar sertakan nama, alamat dan bilangan buku untuk penghantaran.
cara 2
  1. Bank in ke akaun Hong Leong Bank no. akaun 19951001018 atas nama BADRUL HISHAM SHAHARIN. RM 15 bagi tiap set.
  2. Kemudian sms ke 0176688404 butiran seperti tarikh, masa, cawangan bank, seq. no. , jumlah RM, jumlah tempahan dan jangan lupa nama dan alamat untuk penghantaran.
cara 3
  1. hubungi wakil di Pahang, Ust. Suhaimi 0199319231, wakil kami di Pulau Pinang 0174991469 * wakil mungkin hanya ada buku tetapi tidak punya set lengkap iaitu dua VCD sila hubungi dan tanya dahulu.
SAMM alukan sesiapa nak jadi wakil, tetapi syarat stok ambil secara tunai. Hubungi 0176688404 atau 0123696474 untuk mendapatkan stok dengan harga pengedar.

Bertindak SEGERA !!!

Mahkamah seperti akui rampasan kuasa di Perak - Nik Aziz

Vox Pox: What Perakians want

Police report against Nasri Safar by Johor HRP/HINDRAF 6/2/2010

6/2/2010, HRP/HINDRAF Makkal Sakthi Johor Chief Y.Mohan accompenied by Johor committee made a report against Nasri Safar in Johor Bahru central police station. Refer the photos below.

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Event: 11/2, Memo to SUHAKAM, Norizan Salleh shot 5 times & beaten up by Polis Raja Di Malaysia.

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Human Rights Party together with Norizan Salleh will submit a Memo to SUHAKAM, 11.00 am at Menara Tun Razak, Jalan Raja Laut, Kuala Lumpur. Norizan Salleh was shot 5 times & beaten up by Polis Raja Di Malaysia. Please come and support Norizan Salleh for Justice.

S.JAYATHAS

HRP Information Chief

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HRP: Umno BN treats Indians as ‘beggars’ (Malaysiakini)

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Human Rights Party Malaysia (HRP) is alleging that Umno BN is treating the Indian community as` beggars’ by dishing out `crumbs’ and `peanuts’ instead of giving them their equal rights in the share of the economic cake of the country.

HRPM pro-tem secretary-general P Uthayakumar claimed that the Indians have been systematically and deliberately excluded and segregated from about 99% of the national mainstream development plans, policies and programmes directly benefiting the people.

“The Indians instead are merely given the ‘crumbs’ and ‘peanuts’ for show or puppet shadow play (wayang kulit) largely through the agency of a `mandore’ (supervisor) Indian political party,” Uthayakumar said.

He claimed that 70% of the Indians in Malaysia are suffering from poverty, being pushed towards or remaining poor, retained as low wage earners, and are underprivileged - all because of Umno’s racism, religious extremism, inequality, unequal opportunities, discrimination, segregation and merge upward mobility opportunities.

Such Umno policy goes against Article 8 of the Malaysian Federal Constitution, which enshrines, entrenches and guarantees equality before the law and non discrimination.

The former Hindraf ISA detainee also claimed that there are about 150,000 stateless Malaysian Indians in the country.

The suicide rate in Malaysia is highest among Indians largely because of socio-economic imbalance and poverty related problems, which are about 600% higher than in the Malay community.

He said “70% out of the 523 Tamil schools in the country have been denied the right to be made fully government funded government schools to be on par with Malay and Chinese schools.”

“This pathetic social-economic imbalance situation of the Indian community is continuing for the past 52 years because the Indians do not have the political or economic clout and they do not get to score very much political points or do not play to the gallery,” Uthayakumar reasoned.

Uthayakumar also stated that HRPM will never become a mandore party of either Umno BN or Pakatan, but will continue to fight for the equal rights of the Indian community.

Hindu temple demolishment: MIC mandores’ damage control for their Tuans in UMNO.

The photographs in our website on 8/2/2010 is crystal clear on the demolishment of the Om Sri Maha Kaliaman Alayam hindu temple at Setapak Air Panas, Malaysia hindu temple in Satapak on 8/02/2010. http://www.humanrightspartymalaysia.com/2010/02/10/hindu-temple-demolishment-setapak-kl-822010. The temple caretaker Mr. Ravishanker this afternoon (10/02/2010) again confirmed with us at our office that the main tample structure was demolishment by UMNOs’ DBKL.

But UMNO now uses their MIC Mandores to do damage control. This MIC mandore now brings all three Tamil papers to this hindu temple who under the direct orders and instructions of the Home Ministry (KDN) reports that the main temple was never demolished but only the extension building.

Try demolishing the extension building of a surau or masjid and see what happens!

These UMNO atrocities does not happen in any other part of the world except in Malay-sian Prime Minister Najib Razak’s One Malay-sia.

P. Uthayakumar

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S’gor mandore MP: No land title for hindu cemetary from his “tuan” MB. No permanent solution. Only temporary reprieve.

On the one hand this MP acknowledges that the land gazette of the Jalan Haji Sirat Kapar hindu cemetary as a hindu cemetary has been degazetted by the Klang Municipal Concil for the purposes of building a food court.

What an insult but the supposedly multi-racial PKR, DAP and PAS top leaders, their 82 strong Members of Parliament (MP) and in particular their eleven (11) Indian mandores M.Ps’ who are turning a blind eye.

Instead PKR Supremo Anuar Ibrahim gets his Chief Mandore MP to do a Tamil Newspaper wayang kulit as is evidenced by the sub headlines in Makkal Osai today that the cemetary that had slipped away from the Malaysian Hindu and Indian hands is now reverted back. (Makkal Osai 10/2/2010 at page 4). But to the contrary the banner this mandore is holding in the very same newsreport reads “Do not trespass into our cemetary” “it has been gazetted as a cemetary in 1923”

Similarly Selangor PKR Indian EXCO mandores in the same newsreport has apparently “saved” the Bukit Raja hindu cematary under the Pakatan Rakyat Selangor state government.

The net effect of this theatiracal “wayang kulit” Tamil newsreport is that by intending to do a joint cleaning up exercise (gotong royong) between the committee members and NGOs’ of this cemetary and the District Council “this cemetary has reverted to the Indian hindus in Kapar”. And that “all is well” and the Indian problems have been attended to.

In conclusion these PKR Indian mandores are playing the very Tamil newspaper wayang kulit paper politics as what the MIC mandores of UMNO had been doing for the last 52 years.

To prove sincerity and genuiety we propose that these PKR Indian MP and Exco mandores:-

Write in officially to their “Tuan” Menteri Besar Selangor and then make public that:-

1) This hindu cemetary land be alienated to this hindu cemetary committee by the Selangor state government and the same be gazetted accordingly as a hindu cemetary.

2) That the Selangor state government grants and alienates state land to all hindu temples, cemeteries, Tamil schools and Indian villages and settlements in Selangor and gazette the same accordingly.

Thank You.

P. Uthayakumar.

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Gunasegaran’s death in police custody.

This is just the tip of the iceberg of police racial profiling against the Indian minority in Malaysia. Within hours of his arrest P. Gunasegaran was murdered at the Sentul Police Station.

This Inquest most likely is a waste of time as there is no history in Malaysia’s 52 years of independence of the Court/Coroner finding the police had murdered the poor and helpless police detainee or manslaughter.

UMNO must give the Indians equality and equal opportunities in education, jobs skills training higher education Universities and overseas education, businesses licences, permits trading supplying, contracts, projects tenders, panelship etc as given to the malay muslims.

This is in any event guaranteed in Article 8 of the Federal Constitution which provides for equality before the law. All HRP asks is that the provisions of the constitution be implemented.

This is the only sure way to drastically reduce Indians from crime, gangsterism etc.

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Instant RM 4 Million malay muslim millionaires in Kg. Baru. Zero Million and homeless for Indians in Kg. Railway, Sentul Kg Pandan, Kg Lindungan P.J,

This injustices is by both the UMNO and also the PKR, DAP and PAS Federal and state governments.

P. Uthayakumar Instant RM 4 million malay muslim millionaires in Kg. Baru, but zero million for homeless Indians in Kg. Railway, Sentul, Kg Pandan, Kg Lindungan P.J and Kg Buah Pala, Penang.

P. Uthayakumar

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Tamil school in cabins. Wow!

What a wonderful One Malaysia. This Tamil school in cabins is going to be a permanent feature if not for ten, twenty or thirty years, then another 52 years.

(refer Tamil Nesan 7/2/2010 at page 5).

P. Uthayakumar

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வேதமூர்த்தி கணக்கைக் காட்டியும் தொடர்ந்து கேள்வி எழுப்புவதா?

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Khalid: Foreign cash still flowing despite ‘joke’ trial

Khalid claims Anwar’s trial has brought more foreign investor interest. — file pic

By Neville Spykerman - The Malaysian Insider

SHAH ALAM, Feb 10 — Tan Sri Khalid Ibrahim today labelled the ongoing sodomy trial of Datuk Seri Anwar Ibrahim a joke and said the state economic advisor’s legal woes have not deterred prospective foreign investors.

“The trial is a joke and Selangor investors are undeterred,” said the Selangor mentri besar, who downplayed the impact of the ongoing trial on the flow of foreign investments into the state.

Anwar is currently on trial for allegedly sodomising former aide, Mohd Saiful Bukhari Azlan.

The opposition leader was appointed to the advisory post by Khalid on Nov 13, primarily to draw investments from the Middle East and to transform Selangor into an Islamic finance hub.

State government officials told The Malaysian Insider that in recent trips overseas, Anwar had met investors including those from the Middle East who have shown interest towards investing in Selangor.

Anwar also sits on the state economic advisory council for the state’s economic stimulus package, which includes cleaning and developing the Klang River; urban renewal projects; restructuring of Selangor’s water industry; enhancement of paddy yields; expanding the transportation system; and reviving abandoned housing projects.

Anwar was the finance minister and deputy prime minister until his dismissal in 1998.

He nevertheless maintains a directorship for a fund management company in the US as well as being an advisor to a major Islamic bank in Bahrain, besides being Selangor economic advisor.

Khalid said the ongoing trial had, in fact, generated more international interest for Anwar and his role as the state’s economic advisor.

“There’s a lot more interest now,” he said, without elaborating.

Karpal says judge ‘did not tell the truth’

Datuk Seri Anwar Ibrahim speaking to reporters at the High Court this morning.

By Shazwan Mustafa Kamal - The Malaysian Insider

KUALA LUMPUR, Feb 10 — Datuk Mohd Zabidin Mohd Diah was accused today of lying by Karpal Singh as Datuk Seri Anwar Ibrahim’s defence lawyer went on the offensive in his attempt to have the High Court judge disqualified from hearing the Opposition Leader’s sodomy trial.

Karpal, in his submission before Mohd Zabidin, was unrelenting in his onslaught against the judge, by citing what he claimed were examples of the judge’s lack of objectivity with regards to an Utusan Malaysia report on the trial published last week.

Karpal is seeking to disqualify the judge because of dissatisfaction with the way the court has dealt with Utusan Malaysia’s coverage of the trial.

Utusan had on February 4 published on its front page an article under the heading “Tak rela diliwat lagi” with the photograph of Anwar and Saiful on either side. On page 3, the newspaper also wrote “Berhenti kerana tidak mahu diliwat lagi.”

The next day, Utusan also carried a photograph captioned “Mohd Saiful menunjukkan katil di bilik tidur utama tempat beliau mendakwa diliwat Anwar Ibrahim kepada Hakim Mohamad Zabidin Mohd Diah ketika melawat kondominium tempat kesalahan itu dilakukan...” (Mohd Saiful shows the judge the bed in the master bedroom where he was alleged to have been sodomised by Anwar.”)

Karpal had applied to cite Utusan for contempt as he argued that what was published on Feb 4 was tantamount to contempt of court.

However, Zabidin had dismissed Karpal’s application on the grounds that “the said reports were not carried with the intention of being mischievous and to disrupt trial proceedings when clearly there was no evidence on affidavit or otherwise to show such intention or mischief by Utusan Malaysia.”

Similarly the judge had with regards to the Feb 5 report by Utusan declined to caution the newspaper despite the defence’s contention that the news report was misleading.

Zabidin’s basis of reasoning was that the publication of the picture as evidence regarding the bed had been given in open court the previous day, which Karpal argues did not actually occur.

Today, Karpal reiterated his stand that Mohd Zabidin had not been impartial when making a decision not to take any action against Utusan Malaysia.

“A judge must not only be beyond suspicion and honest but must also not fear to do so. There should be no blanket immunity for judges,” said Karpal.

Karpal claimed that by not cautioning Utusan Malaysia, the judge had in fact “not told the truth and lied”.

“By choosing not to do so, your lordship is guilty of:

1.Not telling the truth, which is sufficient to come to a conclusion that your lordship ought to step down.

2. By doing so, your lordship has forfeited the right to sit on that chair and proceed to hear continue hearing this trial.”

According to the veteran lawyer, the judiciary of the country was in need of redeeming, and Mohd. Zabidin has to “redeem himself”.

The lawyer took to great pains to point out that the photo caption by Utusan was indeed inaccurate because there was nothing in the court audio recordings or document proceedings records to prove that the matter was ever mentioned in open court.

Citing a previous Malaysiakini report, Karpal quoted Mohd Zabidin as stating that “nothing is wrong with that caption, evidence was given in open court..”

“Your lordship did not tell the truth, in fact lied. Your lordship has not other alternative but to step down,” argued Karpal, who is also DAP National Chairman.

Mohd Zabidin appeared unperturbed by Karpal’s call for him to disqualify himself from the case.

Karpal also told the court that Mohd Zabidin could be brought to a judge’s disciplinary proceeding as enshrined under the Code and Conduct of Judges 2009.

Solicitor-General 2 Datuk Yusof Zainal Abiden then countered Karpal’s points by claiming that the photo caption carried by Utusan was in itself very “ambiguous”.

“The caption was ambiguous. It did not specifically refer to the fact that the alleged act took place on the bed.

“The bed was mentioned in open court, and caption was referring to the fact that the alleged act happened in the room, not the bed,” explained Yusof.

Yusof also ticked off Karpal for accusing the judge of not telling the truth.

“To say that the judge is lying is a very strong word. Using strong words against a judge is not acceptable.

“There is certain language to be used when addressing the judge.

We can be firm but we have to be polite.

“I’m not even asking the court to cite Karpal for contempt,” said Yusof.

The lead prosecutor summed up his points by stating that “this application is frivolous, vexatious and an abuse of process,” adding that the case should be dismissed entirely.

“So rule out these proceedings, whatever your lordship decides either for the defence or prosecution, people will criticise.”

He also cautioned that the judge should not choose a side because he might be “worried” about possible criticisms, as that would be tantamount to not fulfilling the duty of a judge.

The 62-year-old Anwar is accused of sodomising Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium on June 26, 2008. Anwar has denied the charge, the second time in 12 years he has faced similar charges.

The former deputy prime minister has vehemently denied the accusations hurled by Saiful, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.

Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.

He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.

The court will deliver its decision on Feb 18 as to whether the judge should be disqualified from hearing Anwar’s case.

Zambry’s ‘peace and prosperity’ strategy to win over voters

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, Feb 10 — Datuk Seri Zambry Abd Kadir, who was yesterday recognised by the Federal Court as the lawful Perak Mentri Besar, said today he is following a strategy of “peace and prosperity” to win over an electorate that has been sharply split for the past one year by the state’s constitutional crisis.

A recent poll by a local research firm, Merdeka Center, noted his approval ratings at 43 per cent, which is slightly behind that of his predecessor Datuk Seri Nizar Jamaluddin.

Zambry (picture), who was rushing off after chairing a meeting with his executive council at a hotel here, told The Malaysian Insider he hoped the media would stop harping on the split in the electorate.

“We are following a strategy for peace and prosperity,” he said firmly, and added that his administration had been focusing on it for the past one year since taking over from the Pakatan Rakyat (PR) state government.

“We will continue with our investment strategy,” he said.

He declined to comment on the Federal Court decision, which was in his favour, saying he had not yet read the written judgment.

“I don’t want to go into this right now. It’s too technical,” Zambry said adding he would talk to the state lawyers first.

Zambry also asked online news sites to report news of goodwill projects that will promote peace and harmony and not to play up the issue of the discord in Perak, before stepping away into the lift.

Earlier in the press conference today, the novice Barisan Nasional (BN) MB said his government will be launching “Perak Aman Jaya”, a blueprint detailing development projects for the state, next month.

The Perak MB said he has signed four Memoranda-of-Understanding (MoU) during a recent official tour abroad with the prime minister.

Zambry also announced major projects to start soon in the Silver State, including the setting up of several oil refineries, but did not go into detail.

“I’m very happy to tell you all that investors are very much interested to come back to Perak. The confidence level among investors has been rising, Alhamdullilah,” he said.

Zambry appeared relieved that Nizar has given up the legal fight to reclaim the post and promised to work together to put a shine on the Silver State.

“It’s good that he wants to work together,” a smiling Zambry replied when asked to comment on Nizar’s stand that PR representatives would lend their services to put in place the state BN government’s policies so long as it was “good” for the public’s welfare.

“We will extend our open hearts and hands to all good policies introduced by the government,” Nizar, the Pasir Panjang assemblyman told reporters in Ipoh late last night.

But the former MB laid down four conditions on Zambry’s administration.

Nizar said that the PR would give its full cooperation to BN if PR parties were allowed to use public premises to host functions; allowed to sit on the state legislative assembly’s special committees; given state funds of between RM150,000 and RM200,000; and called on Zambry to govern the state honestly, with integrity, and transparency.

“We do not want any policies that are made based on discrimination of races. On this note, we will work together with Zambry so we can banish all elements of racial discrimination and segregation in the state,” said Nizar.

The Pangkor assemblyman added that he had no quarrel with Nizar and dismissed the latter’s claims of having practised discrimination against PR assemblymen in the past.

“We have never discriminated against them on the allocations,” said Zambry, and played down the need for laying down any conditions.

“So no need for conditions. We must help the public. That’s the yardstick,” he said.

He pointed out that his own policy was “very clear”; he would not hesitate to provide the funds if it was for the public’s welfare.