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Friday, September 3, 2010

Wrongful detention: Uthayakumar awarded RM145,000

By S Ruthra and G Vinod - Free Malaysia Today

KUALA LUMPUR: In a rare decision, the Kuala Lumpur High Court awarded RM145,000 in damages to Human Rights Party (HRP) pro-tem secretary-general P Uthayakumar for wrongful arrest and detention in 2003.

Today, Uthayakumar filed for a seal order to enforce the July 29 judgment by judicial commissioner Rosilah Yop who had awarded Uthayakumar RM55,000 in aggravated damages, RM50,000 for general damages and RM40,000 in exemplary damages.

The court also awarded him an interest of 8% a year from the day of judgment. It also awarded costs to the plaintiff.

Uthayakumar, in his suit filed on March 8, 2003, named former Selangor CID chief SAC II Abu Bakar Mustafa, DSP Amidon Adnan, ASP R Muniandy, C/Insp Mohd Agmi Abdul Wahab and the government of Malaysia.

In his statement of claim, Uthayakumar said he was wrongfully arrested outside the Sepang magistrate's court for alleged criminal intimidation against ASP G Ponniah, immediately after an inquest proceeding into the death of S Tharmarajah in police custody.

Uthayakumar said that after his arrest, he was brought to the Sepang police station where he was stripped to his underwear and vulgar words were uttered to him by policemen on duty that day.

Senior federal counsel Zureen Elina Mohd Dom, representing all the respondents, had filed an appeal on Aug 26 but the Court of Appeal had yet to set a date to hear the appeal.

Uthayakumar: It's a moral victory

Speaking to reporters today, Uthayakumar claimed that this was a moral victory for those who had been subjected to police abuse.

“Let this be a message to the police that they cannot be high-handed in their approach when dealing with members of the public,” Uthayakumar said.

He added that since this event, deaths in police custody and incidents of trigger-happy police shootings have dropped drastically.

“I can say that since the death of Tharmarajah was highlighted, deaths in police custody and rampant police shootings had dropped by nearly 90%,” Uthayakumar said.

Uthayakumar's counsel M Manoharan said he would be writing to the incoming Inspector-General of Police Ismail Omar to remove the pension of former SAC II Abu Bakar Mustafa, who was in charge of Uthayakumar's arrest.

“Though he is now retired, he should not be left off the hook. He should be punished for his misconduct,” said Manoharan, who is also the Kota Alam Shah assemblyman.

Child sexual abuse: Early education, not death penalty, is what we need

By Patrick Lee - Free Malaysia Today,

FMT INTERVIEW Civic groups have long been calling for a sex education programme to be incorporated into the school curriculum. They claim that sex crimes would decrease as a result.
However, the call has often met with stiff resistance, particularly from politicians.

Kelantan Chief Minister Nik Abdul Aziz Nik Mat, for example, has said that sex education would encourage youths to have more sex, leading to more cases of baby dumping.

Some of these politicians seem to contend that sex crimes are better prevented by harsher penalties than by openly discussing the private parts of human beings.

DAP strongman Karpal Singh has said that child rapists deserve the death penalty and the Federal Cabinet has asked the police to treat baby dumping as murder.

In this second part of an interview with FMT, Nooreen Preusseur of Protect and Save the Children (PSC) tells why sex education is necessary and why imposing the death penalty on child-sex offenders will make the problem worse.

FMT: Why do you oppose the death penalty when it comes to child sexual abuse?

The hallmark of child sexual abuse is secrecy. The sex offender will get the child to keep it a secret through threats. “If you tell, I will kill your mom.” “If you tell, they'll take you away and put you in a children's home.”

If you understand the dynamics of child sexual abuse, you will not accept capital punishment. What the sex offender will say is, “If you tell, they're going to put me in jail, and they're going to kill me, and my death is on your head.”

The child is never going to tell. The reporting of cases will go down as a result.

And this is a false positive. When the death penalty was introduced in the Philippines (for the same crime), they noticed that the reporting went down, and the government claimed this showed that it worked.

Instead, the abuse went on. It was the reporting of cases that went down.

The offender now has a really powerful threat over the child. And if the child loves the offender, he or she is not going to tell because, “This is my uncle whom I love, and if they kill him, it's my fault.”

I thought capital punishment would deter adults from committing sexual abuse.
Capital punishment, fines, jail sentences are not deterrents. A deterrent is if everybody becomes a child protector, giving an offender no chance. The way we're going about it right now, we're actually helping sex offenders.

People don't talk about sex or their private parts. Children are not taught the correct names for their body parts.

We (at PSC) include the mouth as a private body part. While we don't explain to the children why, we say that we control what goes into our mouths. “What goes into our mouths is safe and clean and healthy. Nothing else.” “It's a part of my body I protect as well.”

Because the children don't know their sexuality, a sex offender can use this taboo to target children. It's very easy to tell a ten-year-old boy who is being forced to perform oral sex, “This is normal. This is part of what men do. I'm teaching you how to be a real man.”

Do you think that it is the responsibility of parents or the education system to teach about sex?

I think it's both. It's not fair for either set of adults to shift the responsibility to the other. The teachers can't say it's the parent's responsibility and vice versa. It is a joint responsibility. As adults, if we are to be child protectors, giving the children the proper information is our responsibility.

At what age should children be taught about sex?

You should start with pre-school kids. Teach them the names of the private parts. A four-year-old can understand that. And the beauty of it is that if they're taught in a non-judgmental, open way about a healthy body, they start thinking, “Oh, my vagina is part of me! Big deal!”

That's how a four-year-old would think. But it's the adults who make it into a big deal. It's the adults who faint if they hear the word “penis” or hear a child say it. It's not a dirty word. It's part of a healthy body.

But adults make it sounds like a dirty word.

It's a problem with the adults, not the kids. Age three or four is usually a good time to start. You teach the correct names of the private body parts. You also send a signal to them about these parts, that they are to be protected, that they are private.

At some point, if a child's mother or someone else in the family gets pregnant, a common question is: “Where do babies come from?

This is a wonderful opportunity for parents to introduce age-appropriate sex education. You don't have to talk about eggs and sperm and ovaries. To a four-year-old, you could say, “Mummies and daddies have a special kind of love that creates new babies.”

It's an accurate answer. Not the stork or, “We found you in the garbage can.” I actually heard someone tell a child that. It doesn't do wonders for the child's self-esteem.

It's not just weird. It's downright alarming.

They also tell the child, “That's none of your business.” A lot of adults are shy about talking about sex.

But there's an easy solution. You can get books about these things and you can read them to your child. A good example is It's Not the Stork. It's a great picture book for six-year-olds.

But you have heard arguments that say if you were to give children sex education, you would actually encourage them to have more sex.

There is an overwhelming wealth of research evidence that shows if you start sex education early—and I mean pre-school—by the time these kids become teenagers, you will have fewer cases of unwanted pregnancies. And fewer cases of STIs (sexually transmitted infections).

Will we have the same number of teenagers having sex?

You’ll have the same number where they are taught and where they are not. But you will have fewer unwanted pregnancies, and you'll solve your baby abandoning issue.

So what about measures to prevent baby dumping such as the baby hatch or music videos on television telling people not to dump their babies?

I think they've wasted their money. It's not going to work. If you want to prevent unwanted pregnancies, you need to have a holistic and comprehensive sex education module that runs from pre-school to secondary. In doing so, you empower children with knowledge, and you give them a sense of self-worth.

If children feel that they are valued, then they're going to protect themselves. You then teach them skills, such as saying “no” or thinking about decisions they have to make when they get into their teenage years, when peer pressure starts mounting.

Once children have decision-making skills, then they start thinking things through. When a fourteen-year-old thinks, “I'm worth something. I value myself. I'm the boss of my body,” he would say '”No” when his friends are telling him to have sex.

It's been proven?

Well, I'm not saying they won't have sex, but they'll have safe sex. Children in this country are having sex. There's no doubt about that. It's been shown from surveys done years ago that children as young as twelve are sexually active.

Are children going to have sex anyway?

Not really. If you do give them an idea of self-worth, they'll make their own decisions. I knew a number of teenagers who had a solid sense of self-worth, and they delayed their sexual activity until their 20s or their 30s. They'd think, “No. Even if he says he loves me, I'm not ready to have sex. I can say no.”

I know a sixteen-year-old woman who, although her hormones were telling her to have sex with her boyfriend, valued herself. And she was able to use her decision-making skills and say no to sex.

So you think that sex offenders are able to get away with because children don't have a sense of self-worth?
Yes, and they don't know enough about sexuality to make their own informed choices. If a child doesn't know about sexuality, it is easier for the offender to say that this is what people who love each other do. The child can make that decision and say no.

But what if the offender forces his way in?
If the child is forced into it, he or she can't do anything. But now, the child can tell. Because the child knows that it was wrong. He would think, “Even if uncle loves me, and I love him, he does not have the right to do this.

24 Malaysians held for working illegally in Britain

KUALA LUMPUR: Twenty-four Malaysian nationals have been arrested in Britain in a series of enforcement operations over the past eight weeks, carried out by Britain's Border Agency.
In a statement here today, the British High Commission in Malaysia said that all of them faced deportation from Britain and a ban on re-entry for up to 10 years.

Most arrests were made during raids on restaurants across Britain and the individuals were arrested for working illegally and overstaying in Britain.

The statement also said that the offenders were being held in detention awaiting deportation.

The enforcement operations were part of a nationwide exercise by the agency to tackle illegal employment, sham marriages, bogus colleges and organised immigration crime.

The employers had been issued with warnings and they faced fines of up to 10,000 pound (RM48,189) for every illegal worker they employed, unless they could prove they carried out the correct right-to-work checks.

According to statistics released in the statement, in 2009, a total of 370 Malaysian nationals were deported after being detained on immigration offences there.

In the same statement, acting British High Commissioner to Malaysia, Ray Kyles, said that the high number of Malaysian arrests was of considerable concern.

"We continue to urge all Malaysians to comply with the conditions of their entry when visiting the United Kingdom," he said.

Kyles said this allowed stays of up to six months without obtaining a visa, adding that it was a breach of the country's immigration rules to stay longer than this period without permission and to work at any point during their stay.

- Bernama

Mexican shootout leaves 25 drug suspects dead

Mexico City (CNN) -- A shootout between soldiers and suspected drug dealers in northeast Mexico left 25 of the suspects dead, the regional military said Thursday.

After the fighting ended, soldiers captured a cache of weaponry, including 25 rifles, four .40-caliber grenades, 4,200 cartridges of different calibers, 532 magazines for diverse arms and 23 vehicles, two of them painted to look like military vehicles, the military said in a news release.

The incident began when anti-drug forces flying over Ciudad Mier, just south of the Rio Grande, observed armed people in front of a building, it said.

Once they saw they were being observed, the armed people drove off in various vehicles, the military said.

Soldiers were dispatched on the ground and, when they approached the building, they were greeted with gunfire and responded with their own, the military said.

The soldiers also freed three people who were being held by the suspects, the military said.

Wrongful arrest: Court awards Uthaya RM145,000


Human Rights Party (HRP) pro-tem secretary-general P Uthayakumar was awarded RM145,000 by the High Court in Kuala Lumpur today as compensation and damages stemming from his wrongful arrest and detention by police on Jan 16, 2003, at a magistrate's court in Sepang.

Judicial commissioner Rosilah Yop in her judgment dated July 29 ordered Uthayakumar to be paid RM55,000 as aggravated damages,RM50,000 for “wrongful arrest and detention” and RM40,000 for exemplary damages, with an interest of eight percent from a year since the commencement of the case.

NONEUthayakumar (right) had sued the government, the Royal Malaysian Police Force and 11 police officers for malicious conduct for forcing him to strip at the Sepang police station during his detention.

His arrest was ordered at the end of an inquiry by a magistrate's court into the death of a detainee in police custody, S Tharmarajah.

He had been detained to face a charge of criminally intimidating a chief inspector of police during the inquest into Tharmarajah's death.

The charge under Section 506 of the Penal Code carries a maximum jail term of seven years.

Among others, Uthayakumar had asked the court to find that "the arrest and detention of the plaintiff (Tharmarajah) for 25 hours, without a court order, violated Article 5(4) of the constitution" and that he had been subjected to “malicious prosecution”.

A moral victory against police atrocities


Lawyer M Manoharan, who represented Uthayakumar, described the judgment as a victory for them, for it showed that the police have been abusing their powers.

“I have no regret... the good thing that has happened from this is that instances of death in police custody and by (police) shooting have dropped by 90 to 95 percent, although some of us had to suffer (to achieve) it,” said Uthayakumar.

He was referring to his 18 months in detention in Kamunting, Perak, under the Internal Security Act (ISA), shortly after a massive street protest in Kuala Lumpur on Nov 25, 2007, by the Hindu Rights Action Force (Hindraf), of which he was one of the key leaders.

Besides Uthayakumar, four other Hindraf leaders were also incarcerated under the ISA in December 2007 for organising the mammoth anti-government rally.

“Though the civil suit victory may not involve a huge sum, it is a moral victory in the fight for justice and for those who have died in police custody,” he said.

Senior federal counsel Zureen Elina Mohd Dom and Lailawati Ali, who represented the government and the police force, filed an appeal against the judgment on Aug 26.

However, since no stay order was applied for, Manoharan said they would demand that the payment is made in the interim, until the appeal is heard.

Blogger takes on Liew in Sabah PKR polls race

By Queville To - Free Malaysia Today

KOTA KINABALU: Sabah blogger, Ronnie Klassen, will be taking on incumbent Christina Liew for the post of PKR Kota Kinabalu division head in the party's nationwide election scheduled for Sept 18. Klassen is promising educational assistance and rewards, bereavement and employment aid and an emergency hotline for party members. He is among several others in the tussle for the post.

Liew is reportedly a staunch supporter of PKR vice-president Jeffrey Kitingan.

The blogger, who is currently the Sabah PKR director of communications, has teamed up with social activist, Chong Eng Leong and former Sabah Progressive Party (SAPP) people development leader for Luyang, Benny Quek, in the contest for the Kota Kinabalu division.

Chong is going for the deputy chairman’s post while Quek is aiming for the vice-chairman seat.

“Upon assuming office, we shall provide educational reward of RM200 to members' children who perform well in their examinations.

"This reward will be given to the top two students in UPSR, SRP, SPM and STPM exams. For members who are unable to provide school aid for their children due to financial constraints, a special fund will be allocated to assist them.

"We will also provide bereavement assistance amounting to RM200 to our members whose immediate family members pass away.

"A special committee will be formed to help members obtain jobs in Sabah. And we will set up a 24-hour hotline for members to call in the event of an emergency,” Klassen said, when outlining his manifesto at a news conference at Luyang here, today.

Also present was PKR supreme council member-cum-PKR Tuaran chief, Ansari Abdullah.

'Party will never be short-changed'
The other promises Klassen made are the publication of a newsletter, to operate a PKR Kota Kinabalu division live Internet TV and radio programmes to highlight issues affecting the state as well as provide short messaging service to keep its members informed.

He said that he would also appoint a team who would be given the mandate to ensure that problems faced by members were brought to the attention of the division.

“We must ignite the spirit of comradeship. We also need to re-invent, reposition, rejuvenate and repackage ourselves into a dynamic force so that the people of Kota Kinabalu will be proud of,” he said.

Klassen thanked Liew for her over 10 years of service, saying the time had come for the members to move forward with conviction and support a new team that can ensure stability.

“The key word here is team. The strength of the party is my ultimate concern and I will not compromise. I will ensure that the members of the party will never be short-changed.

“We in the new team will work for and with the people,” he added.

Chong currently heads the Sabah PKR national integration bureau, while Quek is a seasoned politician with experience in community service. He is also Sabah PKR ex-officio member.

Klassen's blog “Put For Change” constantly highlights political and current issues affecting Sabah and Malaysia as a whole.

He used it to start a signature campaign against the ban on the use of the word Allah by the government. He is also the founder of the Facebook Pakatan Friends Group.

With Umno came darkness, says SAPP leader

By Queville To - Free Malaysia Today

KOTA KINABALU: Sabah's darkest hours in history was when Umno spread its wings to the state, said a Sabah Progressive Party (SAPP) leader. Dullie Marie's comments come just ahead of the 47th anniversary to mark the formation of Malaysia on Sept 16.

The SAPP supreme council member said Umno's divide and rule tactics worked well to disunite the people along religious and racial lines.

“We saw how Sabah leaders were dethroned by the federal government's 'invisible hands', watched theatrical acts by our leaders and their kowtowing to the powers of federal leaders," he added.

Dullie was responding to former Sabah Umno information chief Karim Ghani, who called on the state government to pass a resolution in the state assembly to affirm Sabah's position as an equal partner in the formation of Malaysia and not just as another state.

Karim said: "If Tunku said you form Malaysia, you (Sabah) become one of the 13 states... I don't think the Sabah and Sarawak leaders would have been so stupid to accept."

However, Dullie who supported Karin on this issue, said he doubted that the state government would accept or even consider the latter's call.

He said the British government was another guilty party that owed Sabahans an explanation for their predicament.

“Sabah gained independence from the British on Aug 31, 1963. Two weeks later on Sept 16, Sabah together with Sarawak, Brunei and Singapore were invited by Malaya to form Malaysia," he said.

He noted that the “20-Point Agreement” which recognised Sabah as one of the three entities (Sabah, Sarawak and Malaya) with its purpose to safeguard the interests, rights and autonomy of Sabah upon entering the federation of Malaysia, as evidence that Sabah was a partner in the formation of Malaysia.

Dullie also concurred with Karim who said that the question of what happens to the 11 states under the federation is their own business and has nothing to do with Sabah and Sarawak.

“We all know that race and religion have been dominating issues in Semenanjung (Peninsular). But these topics have never been an issue in Sabah because Sabahans are very much tolerant and accommodative on these issues,” he said.

The SAPP leader said while most of the issues in Semenanjung do not have an impact in the state, he nonetheless cautioned that Umno might import the political culture of racial and religious discrimination into Sabah.

He was also surprised that Karim, who is one of those responsible for the expansion of Umno in Sabah, was now questioning the position of Sabah within Malaysia.

Muslim group says non-Muslims can enter mosques, make speeches

 


KUALA LUMPUR, Sept 3 — A Muslim non-governmental organisation said the banning of non-Muslims from mosques only puts Islam in a negative light.

“We strongly feel that disallowing non-Muslims from entering mosques only portrays a negative image of Islam and is not in line with the examples set by the Prophet,” said Islamic Renaissance Front (IRF) founder and chairman Dr Ahmad Farouk Musa in a statement.

He pointed out that Prophet Muhammad had allowed Christians to pray in his mosque in Medina.

Malay rights group Perkasa recently demanded that syariah laws be created to bar non-Muslims from entering Muslim places of worship while the Selangor Islamic Religious Council (MAIS) yesterday banned all non-Muslims from entering the prayer areas of suraus or mosques in Selangor.

This follows the controversy surrounding Serdang MP Teo Nie Ching’s (picture) recent visit to a surau in her constituency.

Ahmad Farouk said non-Muslims should be allowed to enter mosques as long as they do not violate the sanctity of the house of worship and dressed modestly.

“They should also be allowed to deliver speeches, provided that the speech is in line with the spirit of enjoining what is good and forbidding what is evil,” he said.

Teo received a warning letter from MAIS yesterday stating that she needed to obtain its permission before visiting any surau or mosque in Selangor.

It is understood that the warning letter was issued on the orders of the Sultan of Selangor after the uproar over her August 22 visit to the Al-Huda surau in Kajang Sentral which was highlighted by Umno-owned newspaper Utusan Malaysia.

The National Fatwa Council, however, had decided on March 1 that non-Muslim tourists may enter mosques and prayer rooms on the condition that they receive permission from the respective management and ensure that their actions do not violate the sanctity of the mosque.

Pakatan Rakyat (PR) leaders including PAS spiritual leader Datuk Nik Aziz Nik Mat have defended Teo over her surau visit that was heavily criticised by Umno and Perkasa.

Teo has maintained that she did not touch on politics during her speech at the surau and said she had visited the surau to deliver aid.

Perkasa chief Datuk Ibrahim Ali however accused Nik Aziz of failing to defend Islamic principles by backing Teo.

Meanwhile, former Perlis mufti Dr Mohd Asri Zainul Abidin has advised Muslims not to use the non-Muslims in mosques issue to win political points.

Asri said such an action would only tarnish Islam’s image.

IRF is a Muslim think-tank and research-based institution that was launched in December last year to promote intellectual discourse related to Islam.

RM90m for defective primary school e-books?

By B Nantha Kumar - Free Malaysia Today,

KUALA TERENGGANU: How did a pre-approved budget of RM30 million for e-books for 25,000 primary school pupils balloon to RM90 million in two years? That is the question bugging Batu Burok assemblyman Syed Azman Syed Ahmad.

While the disclosure is firing up the blogs and news portals in the country, another piece of gossip involving a “mystery woman” who collected a cool RM7.9 million for school uniforms, from Menteri Besar Ahmad Said through “direct negotiation”, is also making its rounds.

According to Syed Azman, the RM90 million billing was discovered when the Terengganu branch of the National Audit Bureau audited Top IT Industries Sdn Bhd,a government-linked company which was contracted to provide the e-books.

“There were a few major issues about the e-book project. For a start, there was no  agreement drawn up between the state government and the company which was the supplier of hardware and software.

“Secondly, there was no insurance and there were also problems over delivery delays, quality of the e-books and incompatible software due to negligence.

“The audit  review for 2009 found that of the 1,857 units of e-book delivered (to the schools) between January and March 2010, some 1,532 pieces were damaged and had to be returned to the factory for repair.

“About 609 students were asked to pay between RM69 and RM200 for damage which incidentally was not included in the e-book’s one-year warranty,” Syed Ahmad said.

He added that it was also shocking to discover the poor quality of the e-books considering that RM90 million was paid out.

“Some 14% of the 24,431 e-books delivered were defective. This is too high a rate considering the amount paid out,” he said, adding that a group of PAS supporters had lodged a report with the Malaysian Anti-Corruption Commission last Saturday on this matter.

Wasted uniforms

Meanwhile, a source in Terengganu PKR revealed that the “mystery woman” linked to the RM7.9 million school uniform deal was one Mek Hawa Abdul Rahman.

Mek Hawa was believed to have by-passed the tender system and secured a letter directly from Ahmad who awarded her company Hamie Enterprise the contract to supply 53,000 school uniforms.

According to the source, sometime in November 2008, Hamie Enterprise sent a letter directly to Ahmad, claiming that it manufactured and distributed school clothes under the brand name “Ganu Kita”.

There was no indication in the content of the letter that Hamie Enterprise was requesting a contract to supply school uniforms to the state government.

The letter was signed by one Azreen Ami Nordin who was neither a partner nor owner of Hamie Enterprise, according to a search at the  Companies Commission of Malaysia (CCM).

The source, however, said the problem arose when the uniforms failed to meet the student specifications.

“The contract was given in haste and because of  time constraint, they (Hamie Enterprises) just bought the uniforms from China without actually checking the size and material.

“Two years now and the uniform sets, including socks and shoes, cannot be distributed because the sizes were not appropriate,” the source said.

The source said that on Oct 5, 2009, a review by Hulu Terengganu  education office confirmed the stock remaining in the district education office included 5,402 pairs of shoes, 5,066 pairs of trousers, 4,222 piecs of shirts, 4415 pieces of baju kurung, 936 pieces of blue sarongs and 2,910 pieces of headscarves.

The source said PAS had raised the issue at the state assembly during the last sitting but received no answer.

Meanwhile, the trail of easy money continues. The source said Mek Hawa had also just received a new timber contract from Ahmad.

Ling wants PKFZ Cabinet papers declassified

FULL REPORT PUTRAJAYA: Former transport minister Dr Ling Liong Sik wants Cabinet papers on the Port Klang Free Zone (PKFZ) scandal to be declassified and his cheating trial moved to Kuala Lumpur from here.
The former MCA president made these applications through his lawyers when his case was mentioned this morning. The matter will be mentioned again on Nov 30.

He was charged on July 30 with concealing the fact that the finance ministry’s valuation and property service department had valued the land for the troubled port project at RM25 psf for a repayment period of 10 years, or RM25.82 psf for a repayment period of 15 years, including interest chargeable for the repayment period.

The former minister was charged at the Putrajaya Sessions Court under Section 418 of the Penal Code with “cheating with knowledge that wrongful loss may be caused to a person whose interest the offender is bound to protect”.

The alleged offence was committed at the fourth floor of the Prime Minister’s Office in Putrajaya between Sept 25 and Nov 6, 2002. The charge carries a maximum seven years’ jail or a fine, or both, upon conviction.

Ling also faces an alternative charge, under Section 417, of cheating the government by misleading the Cabinet on the land acquisition for the same project, at the same place and time.

Under the alternative charge, he is liable to a jail term of up to five years or a fine, or both, upon conviction.
Cabinet papers vital
Wong Kian Kheong, one of Ling’s lawyers, told the court today that the Cabinet documents are essential  for the defence to answer the charge.

Among the documents sought were minutes of Cabinet meetings, Cabinet committee meetings and post-Cabinet papers which fell under the the Official Secrets Act (1972).

He said the defence also wanted to interview the witnesses in the case in the presence of the investigating officer.

Wong further requested for an early mention date for the case, taking into account Ling's status as former minister and long serving public servant .

This was however rebutted by deputy public prosecutor Dzulkifli Ahmad who argued that it would be impossible to have an early mention date because the prosecution needed time to act on the applications made by the defence in court today.

He said the prosecution will only declassify the confidential documents if they were only used in court.

Dzulkifli also confirmed that the prosecution had received the defence’s application to transfer the case to Kuala Lumpur High Court on Wednesday.

Dr M says 1Malaysia interpreted differently by races

ALOR STAR: Former prime minister Dr Mahathir Mohamad, declaring his support for the 1Malaysia concept, says the problem now was that various races in the country have different interpretations of the slogan, which had become the rallying call of Prime Minister Najib Tun Razak.
Due to this, he said implementing the concept would become even more difficult, reported Bernama.

"I spoke to the Chinese community, the Malays and their views on 1Malaysia differ. It is difficult if they have different interpretations of the concept. Because of this, the concept needs detailed explanation," he told reporters after breaking fast in Kodiang, here last night.

Dr Mahathir also said while the Najib's administration wanted to bring changes, it had to safeguard the interest of the Bumiputeras as they still needed government help.

"If they are not helped, then we are finished... we would end up like Singapore. If we practise meritocracy, it has a lot of effects. This is why I say that it can become racist because it takes away the rights of the Malays and other Bumiputeras.

"If we use the merit system, half of the university students (Bumiputera) don't qualify. (Bumiputera) traders in cities will also vanish... then i'ts finished," he added.

Commenting on the anti-Malaysia demonstrations in Indonesia, Mahathir said there were groups there which were trying to damage the close relations between the two countries.

"These groups (which organise the demonstrations in Indonesia) do not represent Indonesia. Indonesia has 230 million people... these groups are very small,” he added.

1Malaysia One Malaysia Anti Racism Rap!! (Dedicated to Malaysians)

PAS Youth: Namewee was provoked


KUALA LUMPUR, Sept 2: The PAS Youth wing slightly differed in its response to the controversy
surrounding a YouTube video clip posted by young songwriter Wee Meng Chee, better known as Namewee (right).

Its chief Nasruddin Hassan Tantawi described Namewee as a victim of racial provocation although he may have gone overboard with his racist remarks.

“Namewee is against racism and has become a victim of racial provocation in the country.

"But he went to the extreme to voice out his restless mind,” twitted Nasrudin in response to the latest controversy surrounding a video clip on YouTube which attracted condemnations over its racist tone.

Namewee's video was apparently a response to the lack of action by the government over school principal Siti Inshah Mansor’s racist jibe which had likened Chinese to migrants who should "return to China” and the Indian prayer beads to "dog leashes".

In his short clip, Wee delivered a rap version of his dissatisfaction, complete with vulgarities and obscenities slamming the principal.

The YouTube clip was taken off following an outcry from UMNO and other Barisan Nasional leaders who called for the young artist's arrest for sedition. The call also received backing from MCA president Dr Chua Soi Lek, who told Namewee to “face the music” for offending other races.

UMNO Youth chief Khairy Jamaluddin in a statement yesterday took offense at one part of the song's lyric, in which Namewee hinted that Malaysian Chinese had been solely responsible for the country's development.

Nasrudin (left) however said Namewee would not have produced such an offending video had the government acted swiftly against Siti Inshah's racist outburst.

“Namewee’s video is kurang ajar (uncouth), but I think the video would not have been out if swift actions had been taken against Siti Inshah and without racial provocation,” said Nasruddin.

Namewee had since denied that he was racist, even saying that he personified the prime minister's 1Malaysia slogan when he was called to the police station two days ago.

Namewee is not new to controversy. He first rose to fame when he mocked the Negaraku, in a music video called "Negarakuku" which decries the state of affairs in the country, prompting an outcry from UMNO leaders.

All for meaningful discourse

The Star
WHY NOT? By RASLAN SHARIF

Public debate on race and rights has descended into a shouting and slanging match. We need to approach the issue objectively, with all stating their case rationally.

HANG on to your seats; this might get a tad uncomfortable. Probably everyone in this country has a story or two to tell about their encounters with racism. And I wouldn’t be surprised if of late, there has been an urge for you to relate your experience.

It is after all, in keeping with the times, which has seen a blooming of debates, discussions, claims, allegations, counter-claims and counter-allegations that you and I have had the “privilege” to follow in our newspapers, and online through social media platforms such as Twitter and blogs.

It has been a rip-roaring read so far, as one party rips into another while the other side roars back in defiance and indignity, and vice-versa.

It is one hell of a rollercoaster ride that is not for the faint-hearted; the end is not yet in sight, if it is at all coming.

The kid gloves have not only been removed, they seem to have been consigned to the dustbin. And it does not look like anyone wants to put them back on.

But first, as someone on Twitter suggested, let us ask ourselves what racism is.

There are several definitions in the dictionaries, and although some argue that we should not limit our understanding of racism to what the dictionaries say, it is nevertheless a good place to start.

According to the Oxford English Dictionary, racism is “the belief that all members of each race possess characteristics, abilities, or qualities specific to that race, especially so as to distinguish it as inferior or superior to another race or (other) races”.

“Armed” with such a belief, a person might discriminate, show prejudice, against, or is antagonistic towards, someone of another race. In those instances, such a person would be deemed a racist.

Based on this definition, to describe the people of a certain race as inherently “lazy”, “avaricious”, or “stupid” would be racist.

But let’s not confine ourselves to only negative descriptions. What of a race being “hard-working”, “generous”, or “intelligent”?

By and large, most people, if not all, are fine if they are said to belong to a group regarded as possessing commendable qualities and characteristics.

We are indignant when we are viewed in the most unflattering terms but are more than happy to acknowledge glowing praise, the opposing descriptions being technically racist notwithstanding.

Such are people. This, however, does not mean that we should leave racism alone and excuse it as being part of human nature.

Racism can lead to disruptive and destructive actions such as bias, discrimination, homicide and genocide.

Across the world, racial discrimination is probably the primary issue in ethnic relations.

Even in supposedly homogenous societies, claims or allegations of racial discrimination do arise, usually among minorities as these groups of people, whether native or immigrant, exist in many countries.

But again, similar to racist descriptions, there is racial discrimination that is viewed in a positive light, though this is not uncontested.

Such racial discrimination is often described as “positive discrimination”, and they primarily come in the form of affirmative action policies.

There are affirmative action policies in quite a few countries and most are aimed at improving the well-being of specific groups of people, including ethnic minorities and women.

Interestingly, there are some countries that ban affirmative action altogether, regarding it as unacceptable racial discrimination.

In the United States, affirmative action policies are argued as being necessary to increase the representation of groups such as ethnic minorities in employment, education and business from which they have been historically excluded.

The justification of previous exclusion (and therefore being disadvantaged) can be seen in most, if not all of the affirmative action policies that are in place in the various countries.

Nowhere is affirmative action aimed at aiding ethnic minorities for the sake of aiding them. This is only logical as it would make no sense to give an advantage to groups that are not disadvantaged.

Historical exclusion is also used as justification for the New Economic Policy and privileges accorded to Bumiputeras under our Constitution.

They constitute attempts to redress imbalances, some would say injustices, that resulted in societal disharmony and instability.

In this regard, few Malaysians would disagree.

Today, there is a raging debate going on in our country on whether we should continue with such policies or do away with them.

As always, it has become emotional.

We need to approach the issue objectively, and both sides of the divide need to state their case rationally.

So far, all we have had are general pronouncements that are, at best, supported by assumptions and anecdotal evidence.

We need to go back to the justification behind the policies, and argue based on the facts on the ground.

To label this person or that position as racist, which is what we have descended to, does not solve anything.

We have a choice: to discuss things in a mature manner and make the necessary decisions that will allow us to move forward, or remain paralysed by what is ultimately infantile and primitive behaviour.

Raslan Sharif wants to see his kids live their adult lives in a dynamic and successful nation. So far, it looks like wishful thinking.

Pos Malaysia for sale: What’s the rationale?

By Anil Netto,

Khazanah wants to sell its 32.21 per cent stake in Pos Malaysia – soon after postal tariffs were substantially hiked. What’s the rationale?

Why raise tariffs so much and then sell? Shouldn’t the profit from the higher tariffs remain in government hands instead of transferring the immediate benefit to a private company.

It’s not as if the postal company is losing money. Not by a long shot. Despite all its inefficiencies, Pos Malaysia posted a profit before tax of RRM109 million for the year ended 31 December 2009 – up from a loss before tax of RM0.5 million the previous year.

Its profit from operating activities in 2009 was RM82 million (on the back of turnover of RM902 million), only slightly down from its operating profit of RM86 million the previous year (turnover RM922 million). Its current assets exceeded current liabilities while its ‘cash and cash equivalents’ stood at RM318 million.

Khazanah, which comes under the Finance Ministry, is inviting bids for the stake, the Edge weekly has reported. Apparently the bidders have to be 51 per cent owned and controlled by Malaysians. This could see the entry of foreign players as partners with a local company. The condition is that Pos Malaysia has to strike a balance between making profits and fulfilling its social obligations.

But why sell in the first place, when Pos Malaysia is set to make even higher profits from the tariff increase?

RPK and HARDtalk: BBC hardly impartial

By Anil Netto,

Many Malaysians have expressed disappointment  over the BBC’s backing down from a ‘HARDtalk’ interview with RPK.
Much of this sentiment, I believe, stems from a perception that the BBC is a bastion of impartial, independent reporting.
Far from it. The BBC reflects the establishment viewpoint in the UK. Its positions on the illegal invasion of Iraq, the US-UK role in Afghanistan and the Israeli occupation of Palestine are well documented.
Just check out the dissatisfaction over the Beeb’s coverage of various issues on the excellent Media Lens website here.
Have a look at the analysis of BBC coverage of Israel-Palestine by Prof Greg Philo of Glasgow University in The Guardian here. Glasgow Media Group publishes excerpts of the major findings from Greg’s book here.
You won’t see much BBC analysis of workers’ issues and civil society’s reaction against corporate greed and corporate destruction of the environment either. Neither will there be much analysis of the US or the UK’s behind-the-scenes role in backing Third World dictators like Suharto, Marcos, Saddam and Pinochet or in undermining popular, democratically elected governments of the South.
Stations like the BBC and CNN are instead the flag-bearers of corporate-led globalisation. They promote the corporate agenda and the political interests that protect that agenda – whether local or foreign.
So are you still surprised by the BBC’s climbdown on HARDtalk?

Events: Say Sorry Day & Censored Malays

Wanted to highlight some good upcoming events.
The first is Say Sorry Day, the 5th of September, inspired by Yong Vui Kong.
Both events look great, and I think Saturday night’s feature should be particularly enticing – esp with who I think is one of Malaysia’s best writers, Brian Gomez, who gave us the magnificently brilliant Devil’s Place:
The next event is on Monday night, which features, well, censored Malays :P :) Including DJ Jamal, Zunar, Amir Muhammad & Hisham Rais :) Should be fun!
*
Say Sorry Day Activities
In conjunction with the Say Sorry Day on 5.9.2010, the initiating group will organize two public events as follows: -
(1) “Beg Your Pardon – when governments, leaders and invididuals say sorry” Forum to be held on 3.9.2010 @ 830pm, at the Annexe Gallery
(2) “The Hardest Word – the art of saying sorry”, art performance by local artists to be held on 4.9.2010 @ 830pm, at the Annexe Gallery.
*
SAY SORRY DAY: Sun 5 Sep 2010
A collective of individuals and organisations are coming together to declare Sept 5, 2010, as Say Sorry Day. Everyone – in Malaysia and beyond – is encouraged on this day to seek forgiveness from and grant it to each other.
The inspiration for Say Sorry Day is a young Malaysian, Yong Vui Kong, who was only 18 when he was arrested for drug trafficking in Singapore. He is currently appealing for clemency, but he may still be hanged and not get a chance to redeem his wrongs.
His situation is extreme, and many people may not find themselves in the same situation. However, we all need forgiveness because we all do wrong; as the saying goes, “to err is human, to forgive, divine”.
To find out more about Say Sorry Day: http://www.facebook.com/saysorryday
*
Beg Your Pardon
When governments, leaders & individuals say sorry Forum
Fri 3 Sep, 8.30pm
The Annexe Gallery, 2nd Flr, Central Market Annexe
Admission: Free of charge
SPEAKERS:
1. WHEN GOVERNMENTS SAY SORRY: by Ambiga Sreenevasan
2. WHEN CORPORATIONS SAY SORRY: by Sreedhar Subramaniam
3. WHEN COMMUNITIES SAY SORRY: by Edry Faizal Eddy Yusof
4. WHEN INDIVIDUALS SAY SORRY: by Leow Puay Tin
SAYING SORRY is first and foremost a personal act to initiate a journey of reconciliation and healing between two individuals. However, it is an act that also has implications beyond two private individuals. When leaders of communities, corporations and even countries apologize for the wrongs of the past, they also begin putting things right in the present in order to have a brighter future together.
The apologies quoted above have become historical milestones of recent history. We remember them because public apologies from leaders are so few and far between. So few in fact they often shock us into catharsis and tears, allowing many of us to move on from our hurt. But yet, we are aware of many more wrongs yet unaccounted for. Are there things for which our government, community leaders and public individuals have yet to apologise, thus preventing us from healing as a nation?
This forum aims to explore both the personal and public dimension of the act of saying sorry to facilitate greater thought in the respective spheres, and hopefully inspire individuals and larger groups to cultivate a culture of the willingness to make amends.
*
…JUDGES, LEGISLATORS AND MINISTERS like to believe that law and punishment can correct criminals and teach us how to be moral citizens. After all, politicians have to believe they have some use! But punishments only inspire fear and the law merely teaches us how to escape being caught.
The law does not teach lessons, second chances do. Therefore, a few Malaysian artists, actors, writers and musicians have come together to help us reflect honestly on our capacity to do wrong, to seek forgiveness, to be forgiven, and to forgive.
“True remorse is never just a regret over consequence; it is a regret over motive.” ~ Mignon McLaughlin, The Neurotic’s Notebook, 1960
THE HARDEST WORD: The Art of Saying Sorry
Performance
The Annexe Gallery, 2nd Flr, Central Market Annexe
Sat 4 Sep, 2010, 8.30pm
Admission: Free of charge
(this movie is a personal favourite of mine)
PERFORMERS:
1. AMIR MUHAMMAD, critically-acclaimed filmmaker-writer, shares a montage of clips from old Malay movies featured in his new book 120 Malay Movies.
2. ANNE JAMES & JO KUKATHAS, award-winning theatre actors, re-enact a scene from the play Cuckoo Birds.
3. BRIAN GOMEZ, writer (Devil’s Place, What Do Gay People Eat?), reads from his new short story, written for specially for the occasion.
4. HISHAMMUDIN RAIS, non-governmental individual, writer and former ISA detainee, does his infamous stand-up routine.
5. I-SOUL, Chinese-language band, offer us acoustic songs on the theme.
6. LIYANA FIZI, popular singer-songwriter, sings apologetic original songs.
7. PANG KHEE TEIK, Annexe Gallery arts programme director, just wants to say sorry to everyone.
*
Invitation to Public Forum: Malays Are Muted Too! – The Importance of Freedom of Expression
The Civil Rights Committee of the Kuala Lumpur & Selangor Chinese Assembly Hall (CRC-KLSCAH) together with “1 Muted Malaysia” and Mederkareview.com are embarking on a series of public forums in the wake of the recent crackdown on public dissent by the government. This is part of our initiative to promote a democratic space for Malaysians to engage in issues pertaining to freedom of expression.
The first session, entitled Malays Are Muted Too!, is organized with a view to discussing in greater depth the dilemma faced by the largest ethnic group in the country. On one hand, the Malays enjoy the constitutional provision of being recognized as Bumiputras; on the other hands, they continue to face restrictions of various forms imposed by the powers-that-be. It is therefore important that this dilemma is properly understood by all Malaysians in order to create a platform for multi-racial response.
The details of the forum:
Date: 06 September 2010 (Monday) 8.30pm (To cater to Muslim friends who break fast around 7.30pm)
Venue: Upstairs Auditorium of KLSCAH
Jointly organized by: CRC-KLSCAH, 1 Muted Malaysia, Mederkareview.com
Speakers:
1. Amir Muhammad, renowned writer and independent filmmaker whose artistic products are often too hot for the authorities to handle;
2. Jamaluddin Ibrahim, popular Mandarin-speaking DJ who has put the MCA leadership in the cross hairs over political interference;
3. Zunar, cartoonist who continues to entertain the nation with his hilarious political comics, to the chagrin of politicians;
4. Hishamuddin Rais, community activist, writer, and film maker. Currently he is writing as a columnist at The Edge, Malaysiakini.com, and The Sun.
Mediating Language: Malay / English / Mandarin
For further enquiries, please contact Mr. Chia , the assistant of KLSCAH at 03-2274 6645.

Muslim community at a crossroads with a leadership vacuum

Jihad Hashim-Brown, a leading American Muslim jurist and theologian currently serving as an academic consultant in Abu Dhabi, UAE.

Jihad Hashim-Brown, a leading American Muslim jurist 
and theologian currently serving as an academic consultant 
in Abu Dhabi, UAE.
 
Editor's note: Jihad Hashim-Brown is a leading American Muslim jurist and theologian currently serving as an academic consultant in Abu Dhabi, UAE. A media commentator in the Middle East, he is also a regular columnist for the UAE's The National newspaper on religious and spiritual issues.

(CNN) -- Muslims are a very diverse people. Although they share timeless universals that weave them together into a common fabric, it would be dishonest to paint them with a broad brush.

A sophisticated and elegant civilization built over fourteen centuries stretching from Spain to China, it was brought to its knees in a crescendo of upheaval during the 30-year period between the two world wars.

The stabilizing institutions native to Islamic society would never recover -- imported, European-style nationalist ideologies would seal their fate. Amid this severe instability, no new post-industrial revolution thought could flourish and no space would be allowed for the intellectual framing of a contemporary yet "rooted" identity.

Making sense of the scattered pieces that remain would be a daunting task for even the best hearts and minds, let alone those who find themselves in the unenviable position of representing Muslim communities across the continents they span.

So it is with a great deal of deference to contributions and sacrifices offered up at precious price that I proceed to suggest that we have a problem. There is a vacuity in our leadership vision and the time has come for a change in course.

Community leaders both East and West have been unable to articulate a clear direction for Muslims that illustrates a positive, authentic identity that is engaged as a participant in global society.

For 10 years now, the discourse of Muslim religious leadership has been limited to a single mantra. We continue to be reminded what Islam and Muslims are not. Not extreme, not violent. We seem to be constantly trying to convince our fellow non-Muslim citizens and neighbors that Muslims are no different than them -- nothing unique, nothing authentic, nothing remarkable.

Will the time ever arrive to talk about what Islam is and Muslims are, as opposed to only what they are not? Can we not talk about what unique and authentic contributions Muslims can bring to the global table? There are many Muslims throughout the world who would love to express how they, too, in their own unique way, are earning their keep in our great cosmopolitan societies. Can we know how Islam informs and inspires these contributions?

Current discourse from Muslim leaders appears to acquiesce to the faulty premise that extreme and violent tendencies are rampant among the mainstream Muslim population.

While it is true that a minority fringe of individuals have allowed their political and human rights frustrations to carry them beyond the pale of Islam's normative teachings -- violating the very principles of the religion they invoke -- in so doing, their acts of terrorism cannot justifiably be branded "Islamic." What they are, then, is criminal. Criminal in international law, criminal in Shariah law.

The vast majority of Muslims have never accepted this behavior. Not in the name of Islam, and not in any other name.

The question remains, is there anything more to Islam and Muslims than what they are not? Is there going to be a discourse that uplifts this silent and peaceful majority; that paints a hopeful future of possibilities for them?

Responsibility, accountability, and discipline form the bedrock of effective leadership. Its substance, however, is vision and clarity about where the community needs to go and how they will constructively engage with the world around them. From here, communication becomes essential. But that articulation must be the product of listening, caring, and conversance with local contexts. One of the most important vocations of the leader is to empower those he or she leads to achieve the goals outlined in the vision. This entails a robust program for succession planning. All of this however, must be effectively grounded in fidelity to the universal principles of cultural and doctrinal continuity.

Though leaders are often benign and well intentioned, the problem is one of effectiveness. Muslim leaders have been unable to articulate a vision for an effective way forward on behalf of their community. The situation is by no means hopeless; the substance of restoration is ready to hand. However, it requires a modicum of honesty, far-sightedness, and resolve.

Any such vision will have to be at once grounded in the roots of Muslim identity and positively engaged with the greater society.

There has been, as of yet, no systematic deliberation or collective discussion across community boundaries and affiliations aimed at fleshing out viable solutions based on a thorough situation assessment. Answers and solutions are arrived at haphazardly without significant reflection. This frequently leads to contradictions at a future point in time; further contributing to the alienation of the Muslim mainstream.

One of the key causes contributing to such confusion is the conspicuous devolution of classical Islamic institutions. The original institutions, native to Muslim society -- whether religious or civil -- had always provided a balancing effect to the community, securing the integrity of self-understanding, memory, and praxis -- thereby facilitating balanced and responsible citizenship. The disequilibrium stemming from their neglect and decay is a direct contributor to the phenomenon of extremism.

For decades, Muslim elites have pursued a policy of disassociation from classical Islamic institutions and sometimes even the religion itself. This has led to the neglect of core institutions causing them to fall into a state of disrepair. However, despite this, Muslim elites have been unable to de-link themselves from the source of their identity as Muslims -- the religion of Islam itself. It means the neglect and marginalization of native institutions inevitably comes back to haunt them.

The absence of grounded authenticity has been a missing lynchpin to the success of solution-aspiring initiatives. It is imperative that new solutions demonstrate how they are grounded in the roots of the timeless world view of Islam. This must be achieved in a way that is recognizable to the Muslim mainstream or it will never gain traction amongst the grassroots.

There persists a tendency to not allow psychological, moral, or intellectual space for new energy to emerge. Along with the voice of emergent generations of Muslim youth, non-Arab and non-Asian Muslims continue to be conspicuously absent or underrepresented in national and international leadership circles and events, even in Europe and the Americas.

There now exist whole generations of Muslims who have come of age in an environment where modernity, technology, representative government, free speech, and even gender relations are familiar territory and not overwhelming or confounding phenomena. With the right credentials and given an opportunity, they are the natural candidates to negotiate the challenge of making sense of Islam in the current post-modern cosmopolitan context without sacrificing continuity of identity. To date, however, everyone is forced to wait around for the old leadership to continue playing catch up.

Malay mob beat up Indian youths who were in turn arrested and detained by Malay-sian police. Zero police arrest of criminals despite severe head injuries and almost blinded.

KUMAR HASHIMAH & CO No 6(A), Jalan Abdullah,

PEGUAMBELA & PEGUAMCARA Jalan Bangsar,

ADVOCATES & SOLICITORS 59000 Kuala Lumpur.

Tel : 03-2282 5622

Fax : 03-2282 5245

P. UTHAYAKUMAR. LL.B, CLP.

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In Reply Please Quote :



Date : 2-08-2010




Y.B Dato Seri Hishamuddin Hussein

Home Minister,

Aras 12 Block D 1,

Complex Kerajaan Fasa D,

Pusat Pentadbiran Kerajaan Persekutuan, Fax: 03-2693 3131

62546 Putrajaya. E-Mail: hishamuddin@moha.gov.my





Tan Sri Musa Hasssan

Inspector General Of Police,

Ibu Pejabat Polis Diraja Malaysia,

Bukit Aman,

50560 Kuala Lumpur. Fax: 03 – 2273 1326



DCP Datuk Khalid Abu Bakar

Chief Police Officer of Selangor,

Ibu Pejabat Polis Kontinjen Selangor,

40912 Shah Alam,

Selangor. Fax: 03-5510 1201

ACP Arjunaidi Mohamed

Officer In Charge of Police District

Ibu Pejabat Polis Daerah,

PDRM Jalan Pencala,

46050 Petaling Jaya. Fax: 03- 7954 8740



Dear Sirs,

Re: 15 to 20 Malay mob beat up Indian youths who were in turn arrested and detained by police. Zero police arrest of criminals despite severe head injuries and almost blinded.



We act for Mr. Kalaikumaran a/l Ramasamy of No 25, Lorong 3A, Taman Kayu Ara, Indah Damansara Utama, Petaling Jaya, Mr. Selvan a/l Sundanathanaven of No 22 Jalan Satu R/ Murah Taman Kayu Ara Indah, Kg Sg Kayu Ara damansara Utama, Mr. Nitthianathan a/l Sundanathanven of No. 22 Jalan 1, Rumah Murah PKNS, Taman Kayu Ara Indah, Damansara Utama, 47400, Petaling Jaya, and Mr. Mugilan a/l Ramasamy of No. 08 Tingkat 6 Blok B 1, Vista Damansara, Kg Sg Kayu Ara 47400 Sg Buloh. Our clients had vide their four (4) respective police report numbers Damasara 014813/10 dated 22/08/2010, 014919/10 dated 22/08/2010 and 014922/10 dated 23/08/2010 lodged a police report that on 22/08/2010 while they were just whiling away (lepak) near the Sri Ara, Vista Damansara Flats where Mugilan a/l Ramasamy’s family was living, they were attacked by a malay mob (some of the attackers are known to them) using baseball bets, big buckled belts and helmets after being accused of trying to steal motorcycles. And the Malay mob led by Azlan (staff in charge of maintaintainance) Irwan, Mussyid and about 15 to 20 others robbed Kalaikumaran a/l Ramasamy of his chain worth RM 1, 500.00 and further extorted RM 500.00 from each of them.

All of them suffered severe beatings. Selvan suffered injuries to his eyes, shoulder and head. Nitthianathan a/l Sundanathanven and Mugilan a/l Ramasamy suffered injuries to their head.

When a police patrol car arrived, our clients had informed the policemen of the aforesaid cronology of events but the victims ie our client Selvan a/l Sundanathanaven , Mugilan a/l Ramasamy and another were instead arrested and put in the police lock up for one day.

Selvan a/l Sundanathanaven had immediately thereafter on 25/08/2010 received medical treatment for assault and burns to his right eye as a result of a lighted cigarette butt being thrown on his said right eye. Despite the above said actrocities by the said mob and four (4) police reports having been lodged by our clients up to date and despite about two weeks now the Petaling police have refused to arrest and prosecute the said criminals. Why? Because the criminals are Malays and the victims are merely the poor and politically powerless Indians?

In the circumstances we urge your goodselves to forthwith order the arrest of these criminals and they be prosecuted accordingly like any other Indian criminal according to Article 8 of the Federal Constitution which provides for equality before the law.

This would not only see justice being done but also justice being seen to be done.

Lastly we also wish to bring to your kind attention of the lately increasing Malay Muslim mob attack on the ethnic minority Malaysian Indians and zero criminal action by the Malay-sian police the last being the attack in Nilai, Negeri Sembilan last month.

Thank you.

Your faithfully,

…………………….

P. Uthayakumar.

Malay corporate chiefs acted under instruction from PM, court told

Perlis prince, Tan Sri Syed Anwar, as he goes to testify he received ‘instructions’ to act for Umno. – Picture by Choo Choy May
KUALA LUMPUR, Sept 2 – Businessman Tan Sri Syed Anwar Jamalullail’s court testimony today appeared to suggest that it was not uncommon for Umno to “instruct” Malay corporate captains to act as their nominees in the management of Malaysia’s top companies.

The brother to the Raja of Perlis, Tuanku Syed Sirajuddin Ibni Al-Marhum Tuanku Syed Putra Jamalullail, was the second defence witness to testify today in a civil suit launched in 2005 by former Realmild director Datuk Khalid Ahmad to gain the second half of a RM10 million payment of five per cent of the company’s shares, which took place during a shake-up and buy-out said to be related to Datuk Seri Anwar Ibrahim’s sacking from government.

Abdul Rahman had claimed he had received “instructions” to transfer blocks of shares, amounting to some seven million, to Syed Anwar who was to hold them in trust for the powerful Malay ruling political party.

Questioned by defence lawyer Alex De Silva, Syed Anwar said he had been approached by former Finance Minister II, Tan Sri Nor Mohamed Yakcop, and “instructed” to turn around conglomerate Malaysian Resources Corporation Berhad (MRCB) sometime around mid-2001, just before the former’s brother rose to become the Yang Di-Pertuan Agong.

Syed Anwar added that further instruction was later given by Nor Mohamed – on behalf of then prime minister Abdullah Ahmad Badawi – and to transfer Realmild shares to another businessman, Datuk Abdul Latif Abdullah, in September 2006.

De Silva: When you were given instructions, were you in any position to refuse?

Syed Anwar: No. But I didn’t see any reason not to.

De Silva: What was Nor Mohamed’s position then?

Syed Anwar: I think at that time, he was appointed the Minister of Finance II.

Syed Anwar added there was “nothing in writing” either from Nor Mohamed or any other party to indicate the shares were being held in trust by him for Umno.

Pressed further, he said “it was implied” to be so.

De Silva: Were you aware the true beneficiary was Umno?

Syed Anwar: It was implied, but I was not interested.

In cross-examination from Khalid’s lawyer, Ahmad Fadzil Mohd Perdaus, Syed Anwar said he had never received any “cash considerations” for his role in the corporate dance, but was spurred purely by the challenge to turn around a troubled conglomerate – as Abdul Rahman described in court the debt-ridden MRCB at that period in time.

Ahmad Fadzil: This indicates you had to wait for instruction from the PM?

Syed Anwar: Ya. I suppose that would be right.

Ahmad Fadzil: Effectively, these shares you held were only on instruction from the PM?

Syed Anwar: Yes.

The one-time director of Realmild said he was “surprised” when he was given instructions but had been “mandated” to turn around MRCB and was proud he accomplished his job.

“Actually, it’s not for me to ask. I’d just been given the mandate to turn around [MRCB]. To me it was not strange at all,” he told the court when asked if he did not find it strange to be “instructed” to turn around a conglomerate without any “cash considerations” being discussed.

The court case reveals the chain of command between Umno and certain Malaysian conglomerate leaders in the past.

Syed Anwar, or his full name Syed Zainol Anwar Ibni Syed Putra Jamalullail, has been group chairman of Cahya Mata Sarawak (CMS) Berhad since 2006 and is also currently chairman of EON Bank Berhad, EON Capital Berhad and Nestle (M) Berhad.

Before joining Realmild, the 58-year-old had helped to turn around the Lembaga Urusan dan Tabung Haji (Tabung Haji), the state-run central fund for Muslim Malaysians, also after being approached by Nor Mohamed.

A certified accountant, Syed Anwar kicked off his professional career as a financial accountant with Malaysia Airlines System Berhad (MAS) in 1975 and has worked for global accounting firm, Price Waterhouse in Australia and has held senior posts at several other top companies in Malaysia, including as chairman of MRCB, Media Prima Berhad, DRB-HICOM Berhad, and as a director of Maxis Communications Berhad.

Come on board! Gerakan tells Pang

By Queville To

KOTA KINABALU: Gerakan has invited Deputy Chief Minister Peter Pang En Yin, who quit the Liberal Democratic Party (LDP) yesterday, to join the party.
In a joint statement with its two national vice-presidents, Liew Yun Fah and Raymond Tan Shu Kiah, Gerakan Sabah chief, Gordon Leong, said a unanimous decision was reached by all Sabah divisions to invite and welcome Pang, a former LDP vice-president, to join Gerakan Sabah.

“We reached a unanimous decision to make an open invitation for Pang to join Gerakan Sabah following his resignation as LDP vice-president.

Pang said that he wished to remain a supporter of BN and pledged his continued support for Barisan Nasional Sabah under the leadership of Chief Minister Musa Aman.

It is believed that Gerakan Sabah will soon be able to provide Pang a platform to continue to play an effective role within the Sabah BN government and serve the people of Sabah.

Liew, a former youth and sports minister, is himself a former vice-president of LDP. He was suspended for allegedly acting against the interests of the party in  the March 2008 general election.

Party-less for nine months
At the time it was speculated that Liew had “sponsored” an Independent to contest against LDP's Pang Yuk Ming after he was not re-nominated by LDP to defend the Merotai seat.

Liew won the seat in 2004.

Tan is another elected representative who courted controversy after resigning from the Sabah Progressive Party which pulled out of the BN coalition.

After being party-less for almost nine months, Tan threw his lot with Gerakan and gave the peninsula-based BN party its first elected representative in the Sabah government.

Oddly enough, his deputy chief minister's post was taken over by Pang En Yin and he was made minister of industrial development.

With Pang En Yin's entry into Gerakan, the peninsula-based party would have three elected state representatives in government through the back door.

'Trust me, Umno is not a failed party'

KUALA LUMPUR: Umno is still strong and the party of choice for the Malays despite attempts to create a perception that it is no longer relevant, its secretary-general Tengku Adnan Tengku Mansor said.

He said Umno was still the dominant party in the Barisan Nasional (BN) but, at the same time, it was an authoritative voice in championing the interests of the Malays.

"The interests of the Malays should not be sacrificed in the power-sharing practice among BN component parties," he said in an exclusive interview with Umno Online on negative perceptions of Umno portrayed by certain quarters.

He said Umno would continue to spearhead the Malay agenda, including enhancing the Malays' achievements in the economy without threatening the interests of the other races.

"The Malay agenda, which includes the special privileges of the majority, should be seen as an element in determining the sustainability and the survival of Malaysia as a multi-racial country and as a nation," he said.

Tengku Adnan said Umno would continue to be close to the hearts of the people and have a better future based on the party's ability to change and adapt itself in confronting domestic and global challenges.

He said managing a successful party like Umno was not easy, but it had been managed effectively.

"Trust me. Umno is a successful party, not a failed party or on the verge of collapse. Umno is a party that manages a country which has become successful, involving various races and religions.

"The fact is the people can see that Malaysia is not only successful but active and plays an important role in the global community.

"In such a context, Umno shoulders a formidable task in balancing the interests of the Malays and other races, and in the interplay of power in the global arena. And so far, Umno has been successful in balancing the act," he said.

Good leaders

Tengku Adnan dismissed an assumption that Umno was weakening and that the position of the Malays was vulnerable as an attempt to divert public attention from the agenda set.

He said notwithstanding the criticisms, the fact remained that Malaysia continued to be endowed with good leaders from the era of Tunku Abdul Rahman to Abdul Razak Hussein, Hussein Onn, Dr Mahathir Mohamad, Abdullah Ahmad Badawi and now Najib Tun Razak.

Tengku Adnan wanted the people to remain optimistic and constructive on the country's future under the leadership of the BN despite whatever the tests and interpretations.

He called on the people to reject opposition parties which thrived on dishonest relations in pursuing their own agenda.

PAS is now seen as being misled by Opposition Leader Anwar Ibrahim to the extent of compromising its main principle to establish an Islamic country, said Tengku Adnan.

"The DAP joined the bandwagon not because of PAS but due to promises made by Anwar that PAS will not pursue the Islamic nation principle," he said.

- Bernama

KL PKR divisions to be told to toe Anwar's line?

By FMT Staff

KUALA LUMPUR: A last-minute invitation by PKR supremo Anwar Ibrahim to all division leaders in Kuala Lumpur for a buka puasa do-cum-meeting at his house at Bukit Segambut today has set tongues wagging.
While many of the members and leaders of KL divisions are unaware of the agenda of the meeting, some believe that it has to do with the coming party elections in November.

“Anwar might be doing the campaigning on behalf of (vice-president) Azmin (Ali) for the deputy's post,” said one division leader who requested anonymity.

“He might want all of us to nominate Azmin for the post. This meeting could also be a way for Anwar to keep a check on Zaid (Ibrahim),” he added.

Zaid is the party's Federal Territory chief. When contacted, Zaid said he had other engagements in Johor and would not be able to attend the meeting at Anwar's house.

FMT learnt that all division leaders were informed of the meeting either late yesterday or early today.

The contest for the deputy's post is set to be a heated affair with many big wigs expected to go for it, including Azmin and Zaid.

Zaid in a meeting with all the divisions in Kuala Lumpur last week told them that they were free to nominate whoever they wanted for any posts.

“Anwar might want to see what sort of support Zaid has in Kuala Lumpur. We are aware that Anwar strongly favours Azmin for the post and he sees Zaid as a serious rival.

“Zaid has put the house in order in Kuala Lumpur since taking over two months ago and he stands a good chance of winning the nominations from KL.

“Anwar now wants to throw a spanner by hijacking the support from Zaid to Azmin,” said a party insider.

Interestingly, Zaid replaced Azmin as the FT chief in a reshuffle in June.

FMT also learnt that a whispering campaign against Zaid has been ongoing for some weeks now, ostensibly undertaken by his rivals to ensure he doesn't gain any grassroots support.

Last week at several meetings, Pakatan Rakyat members were told that Zaid would destroy PKR if he is elected the deputy.

Likewise, Azmin's supporters have also been claiming that Anwar would find it easy to work with Azmin as the deputy. SMSes are also being sent to party members to carry the same message.

The IGP finally bites the dust

 

That was the last straw. There was no way Najib could tolerate all this any longer. First you say that Raja Petra Kamarudin is untouchable and immune from prosecution or extradition. Then the judge in Sabah calls you a bare-face liar. Now you tell me that Saiful somehow got his own sperm up his arse and that the so-called ‘suicide note’ was not written by Teoh Beng Hock but by the I.O.

NO HOLDS BARRED

Raja Petra Kamarudin

It started back in 2007. Musa Hassan, the IGP, was due to retire that year. To make sure that he could stay on, he got rid of the competition in the form of the CCID Director, Ramli Yusuff.

Malaysia Today then published Statutory Declarations signed by half a dozen police officers, the IGP’s own ADC, and two underworld figures. Story after story was generated about the IGP’s links with the underworld. In fact, reported Malaysia Today, the IGP not only has links with the underworld he is the Godfather of the prostitution, gambling, drugs and loan shark syndicate.

Instead of taking action against the IGP, the whistleblowers were persecuted. Most were cited for breach of discipline and were dragged before the disciplinary board for beheading. Some were arrested and detained in the lockup.

The brutal retaliation against police officers whom exposed corruption in the police force sent shivers down every officer’s spine. In one case in Kuantan, the wife and children of a police officer were kidnapped by the MACC. They then made a phone call to the police officer concerned and told him that if he wanted to secure his family’s release then he must make a statement cancelling his earlier statement.

Both the police officer and the wife made police reports about this kidnapping. You can guess what happened after that. Yes, that’s right, NFA.

This appears to be the SOP of Malaysia’s uniformed agencies. Is it any surprise that P.I. Balasubramanian was also subjected to the same?

Musa Hassan could afford to run around like Wyatt Earp in Dodge City because he held both the previous Prime Minister as well as the current Prime Minister by the short and curly.

The previous Prime Minister had instructed Malaysia’s national airline company, MAS, to give the lucrative catering business to his own family. And the stupid chap gave that order in writing -- not like Dr Mahathir Mohamad who will only dish out verbal instructions so that no one can pin anything on him. And then there were the Oil-for-Food and nuclear centrifuge export to Libya issues as well. Abdullah Ahmad Badawi was in real deep shit and only Musa can save his sorry arse.

As for the current Prime Minister, according to the Honorary Mongolian Consul to Malaysia, Syed Abdul Rahman Alhabshi, the IGP had in his possession the photograph of Najib Tun Razak together with Razak Baginda and Altantuya Shaariibuu taken at her birthday party in Singapore. Altantuya’s cousin, Amy, in fact, confirmed this in her testimony during the murder trial.

Musa had served his purpose and had outlived his usefulness. In 1998 he was in charge of fabricating evidence against Anwar Ibrahim. In 2008 he did the same thing in what is now known as Sodomy II, a déjà vu of sorts. He also covered the backsides of three Prime Ministers -- Dr Mahathir Mohamad, Abdullah Ahmad Badawi, and Najib Tun Razak.

However, there is just so much he can get away with in spite of all this loyal and extracurricular service. When he begins to fail to deliver then it is time he be put out to pasture.

His first failure was failing to deliver Raja Petra Kamarudin. In mid-2009, he confidentially announced that Raja Petra will be back behind bars by or before October 2009.

That was more than a year ago. Till today Raja Petra is still free and is mocking the Malaysian government.

Strike One!

Next he framed the ex-CCID Director, Ramli Yusuff. It was so badly handled that he personally had to take the witness stand in Kota Kinabalu to testify against Ramli. The judge, however, said that Musa was lying to his teeth (although in a more diplomatic manner) and Ramli was acquitted without his defence being called -- not once, but three times.

This has greatly embarrassed the government and not only does it add weight to the allegation that Ramli was set up -- and by the top cop on top of that -- but it also confirms that this is the modus operandi of the Malaysian government. Now, when Anwar Ibrahim and Raja Petra Kamarudin scream that they have been set up, not a single soul would have any doubt.

Strike Two!

But the last one is the mother of all screw-ups. Actually, it’s a double screw-up.

With his tail between his legs he went to see the Prime Minister to confess to these two major screw-ups. This first screw-up was the matter of the so-called sperm in Saiful Bukhari Azlan’s anus. What the IPG had originally told the PM was that, according to the DNA test, the sperm in Saiful’s anus is Anwar’s. However, now, after further tests, it appears like it is Saiful’s own sperm.

How the hell did Saiful get his own sperm up his anus? That was what the PM screamed at the IGP. The IGP just shrugged his shoulders and was at a loss for words.

And just when Najib thought that that was the worst news yet, the IGP dropped another bombshell. And this last bombshell is that the so-called suicide note that Teoh Beng Hock wrote was actually written by the investigating officer (I.O.).

That was it. That was the last straw. There was no way Najib could tolerate all this any longer. First you say that Raja Petra Kamarudin is untouchable and immune from prosecution or extradition. Then the judge in Sabah calls you a bare-face liar. Now you tell me that Saiful somehow got his own sperm up his arse and that the so-called ‘suicide note’ was not written by Teoh Beng Hock but by the I.O.

Strike Three!

And as they say, three strikes and you’re out. So out goes Musa Hassan and in comes his replacement. Well, let me warn this new IGP that we are watching him like a hawk. And if he screws up like Musa did then we are going for his arse. But then, no one can ever screw up the way Musa did, not in a thousand years. Musa is one-in-a-million.

Waythamoorthy Ponnusamy and Raja Petra Kamarudin joint-statement


We refer to the article entitled ‘The RPK blip, bleep and the Beeb’ written by Shane Fuentes and published in Malaysian Mirror, in particular the following part of that article:

When RPK tried to desperately contact London-based Hindraf Makkal Sakthi chairman Waythamoorthy Ponnusamy, the latter was understandably very wary and kept a good distance from him. RPK used a go-between to get Waythamoorthy to see him but the latter rebuffed all attempts. Finally, RPK turned up one morning at Waythamoorthy’s door himself. He was virtually shown the door.

Subsequently, he went on a tirade against Hindraf, labeling it and the Ponnusamy brothers – including the elder Uthayakumar – as racists. Hindraf did not dignify RPK’s attacks with any rebuttal.

In a statement that make no reference whatsoever to RPK, Hindraf has explained that “a racist is one who denies other people their rights in the sun”.

In the case of Hindraf, it was further explained, the ad hoc apolitical movement was only fighting for the rights of the marginalized to have their place in the sun without depriving others, in the process, of their rights”.

Hindraf sees no need to speak up for others but to focus only on the plight of the marginalized. This has been latched on by RPK to label Hindraf in his blog as racist since “it doesn’t speak up for all but only one group”.

Is it any wonder therefore that the BBC has found RPK not newsworthy enough or credible to appear on its HARDTalk show?

RPK neither makes a difference for the better nor for worse. He’s in the non-news category. No news is bad news. Bad news is good news. When a dog bites a man, it’s not news. When a man bites a dog, it’s news.

It’s more likely that Hindraf’s Waythamoorthy will soon appear on a BBC show. Even hardcore Malay racists in Malaysia concede, albeit grudgingly, that Hindraf Makkal Sakthi makes a compelling case. (read more here).

We wish to confirm that the article above is inaccurate, to put it mildly, as we have a very good relationship that extends beyond just a professional relationship but is very personal in nature. We have met many times and have visited each other’s homes on numerous occasions. Your commentary is therefore not only misleading but also malicious in intent.

Issued by:

Waythamoorthy Ponnusamy and Raja Petra Kamarudin