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Wednesday, October 27, 2010

Selva's assault: Minister keeping tabs

(Malaysiakini) Home Minister Hishammuddin Hussein has refused to get involved in police work to avoid being accused of interference in the detention of K Selvachandran.

“I am fNONEamiliar with the case but then people will say I am interfering in police action,” said Hishammuddin, when asked to comment on the case.

He evaded further questions as to whether Selvachandran is being held under any security law.

“Use our media centre for the details... they (the police) are the ones doing the investigation so ask them,” said Hishammuddin.

Selvachandran, 30, had recently testified at an inquest to seeing a lance corporal at the Sentul police station kick detainee R Gunasegaran, who died in custody on July 16, 2009.

The inquest delivered an 'open' verdict on Monday.

The same night, Selvachandran was allegedly assaulted at his house and taken away by five police personnel.

His family has been told that he will be detained for 60 days, but that this could be extended up to two years.

Human rights NGO Suaram has said the police cannot hold anyone for more than 24 hours without a remand order, unless the detention is effected under the Internal Security Act, Emergency Ordinance or Dangerous Drugs Act.

PLUS shareholder ‘not happy’ with EPF bid

KUALA LUMPUR, Oct 27 — A major shareholder of highway operator PLUS Expressways is “not happy” with EPF-UEM Group’s takeover price for the firm, and may consider other bids, two sources told Reuters.

Kumpulan Wang Persaraan (KWAP), the civil servants’ pension fund which owns a 5.22 per cent stake in PLUS, believes PLUS deserves a better price, said the sources who have direct knowledge of the matter.

“They’re definitely not happy and think they can do better,” one of the sources said.

KWAP declined to comment.

A joint venture between the Employees Provident Fund (EPF) and UEM Group has offered to take over PLUS in a RM23 billion deal that values PLUS at RM4.60 per share.

UEM Group is itself the subject of a takeover bid by Malaysian power-to-construction conglomerate MMC Corp.

Local daily The Malaysian Reserve reported earlier this week that another company, Asas Serba, which is owned by a group of businessmen, would be putting in a competing bid for PLUS Expressways.

Asas Serba offered last year to take over all Malaysian highway concessions for RM50 billion. Spokesperson Syed Mohd Amin Aljeffri could not be reached for comment. — Reuters

Dadah: Man escapes noose, pleads guilty to possession

SHAH ALAM, Oct 27 — An event coordinator was sentenced to eight years’ jail and 10 strokes of the rotan by the High Court here today on two counts of drug possession, involving 419.31gm of cannabis, in May last year.

Sallehuddin Hamdan, 39, pleaded guilty to committing the offence at No: 3, Jalan SS/17D, Subang Jaya near here about 11.45pm on May 9, 2009.

On the first charge, with possession of 416gm of cannabis, Sallehuddin was sentenced to eight years’ jail and 10 strokes of the rotan, while the second offence, for possession of 416gm of cannabis, he was sentenced to 10 months jail.

However, Judicial Commissioner Datuk Asmabi Mohamad ordered Sallehuddin to serve the jail sentence concurrently from the date of his arrest on May 9 last year.

Sallehuddin was initially charged with drug trafficking, which carries the mandatory death sentence upon conviction.

However, he changed his plea to guilty when the prosecution offered an alternative charge for drug possession.

Earlier in mitigation, lawyer Ghazali Mohd Taib, who represented Sallehuddin, said he client was remorseful and promised not to repeat the mistake.

Deputy public prosecutor Wan Zuraida Wan Nawan prosecuted. — Bernama

Nazri: PKFZ, Lingam case beyond government’s control

The government will not interfere in the ongoing PKFZ trial to boost its CPI ratings, said Nazri. — file pic

KUALA LUMPUR, Oct 27 — Datuk Seri Nazri Aziz today explained that the government had done all it could to address perceptions of graft in the administration, which sagged further according to an anti-graft report yesterday.

Speaking to reporters today, Nazri blamed the current Port Klang Free Zone (PKFZ) scandal and the Datuk VK Lingam tapes controversy as the main contributors to Malaysia’s drop in the Corruption Perception Index (CPI).

The minister in the Prime Minister’s Department admitted that both cases, which have now gone to the courts, had resulted in the country’s slight drop in CPI ratings released yesterday — from 4.5 to 4.4 out of 10, with 10 being the least corrupt.

According to the minister, that the government had done what was “humanly possible” to combat corruption, but insisted that it will not interfere with the judiciary to speed up the two cases for the sake of gaining one or two points in CPI rankings.

“The government’s point of view is that we have done what is humanly possible on our part by putting a new Act, we provide good enumeration for the MACC, increased their number.

“Of course when I saw the comment by Paul Low, I agreed with him (that it is about perception) but with PKFZ, it is beyond us now, already beyond us. It’s already in the courts and I believe this is one of the reasons why the perception is going to be negative towards us and there’s nothing we can do,” Nazri told reporters today.

The current PKFZ scandal has seen top officials including former MCA president Tun Dr Ling Liong Sik and OC Phang being investigated in court.

In Transparency International’s (TI) CPI released yesterday, Malaysia’s CPI dipped further this year, after the country experienced its worse ranking ever last year.

The annual TI CPI measures how corrupt a country’s public sector was based on data sourced from 13 different polls and surveys from 10 independent institutions over a period of two years.

The three least corrupt countries in the world were, in order, Denmark, New Zealand and Singapore.

Malaysia’s previous worst scores below 5 were 4.8 in 2000, 4.9 in 2002 and 4.5 last year.

The country’s ranking puts it on par with Namibia and Turkey.

In releasing its report, TI had said the Najib administration still lacked the political will to weed out corruption and stressed that steps must be taken to tackle problems with implementation.

Despite government efforts to fight corruption, MACC’s inability to prosecute “big fish,” lack of progress in the Port Klang Free Zone (PKFZ) fiasco, inaction by the Attorney-General’s Chambers in the “Lingam tapes” case, and contracts without open tender have continued to haunt public perception.

“The other thing that was mentioned was regards to the Lingam case. Again, this is up to the Attorney-General. It is beyond us the government, because the AG acts independently,” Nazri said today.

“In my opinion, there is nothing to charge Lingam with, because there is no proof to show that he influenced the appointment of judges. You cannot simply charge a person when there’s no offence committed,” the minister added.

Nazri, however, conceded the government was capable of doing more to be transparent in the awarding of contracts, adding that he would push for open tenders in all procurements in the next Cabinet meeting.

“I will certainly raise this in the meeting of the Cabinet or NKRA... we must implement this open tender and any direct negotiations should be stopped immediately,” he said.

When asked to comment on Prime Minister Datuk Seri Najib Razak’s announcement on Monday that not all government projects under the Economic Transformation Plan (ETP) would go through an open tender process, Nazri answered that Najib had his “own reasons” for doing so.

“Of course the PM has got his own reasons, probably we want to hasten the project but I think we can overcome this by making it transparent, by making it known to the public what is the real cost, who is awarded the project...and the conditions (involved) should be published,” added Nazri.

Pakatan Rakyat (PR) lawmakers have demanded that the Najib administration guarantee all ETP public projects, such as the proposed RM36 billion MRT system, go through a complete open tender process so that “maximum value is obtained at the lowest possible cost.”

India confident of Malaysian system

PUTRAJAYA: India is confident of Malaysia's ability to tackle any problem involving the Indian community in this country, Indian Prime Minister Manmohan Singh said.


He said Malaysia, being a multi-cultural and multi-ethnic entity, and a democratic country, respected the fundamental human rights of its citizens.

Manmohan said he was confident the Malaysian system had the ability and flexiblity to tackle any problem pertaining to the Indian community in Malaysia.

He said this when asked by the Indian press to comment on a sense of discrimination of the Malaysian Indian community in Malaysia.

The Indian prime minister was speaking at a joint press conference with Prime Minister Najib Tun Razak here today.

Manmohan, accompanied by wife Gursharan Kaur, is on a three-day official visit, beginning yesterday.

His visit is aimed at reciprocating Najib's visit to India in January.

On the same issue of discrimination, Najib said it was purely a domestic matter for Malaysia to handle, and that the government was handling it in a very positive way.

He said he need not delve into it and it was certainly not a matter that was discussed between the two countries.

"This is purely a domestic (matter). As much as we respect whatever happens in India, India respects whatever we do in this country," added Najib.

- Bernama

Gerakan goes multi-colour, sheds 'Chinese' skin

By Athi Shankar - Free Malaysia Today

GEORGE TOWN: In an effort to tone down its “Chinese” image, Penang Gerakan would open 40 new branches to reflect the party's original multi-racial struggle and the 1Malaysia concept.

Each of the state’s 40 assembly seats would have one “multi-racial” Gerakan branch.

To achieve this, Penang Gerakan chief Dr Teng Hock Nan said a statewide membership drive would be launched to recruit more non-Chinese members.

He said the state leadership would ensure that the new branches were made up of various races.

“This is reflective of the party's original struggle,” he said, when unveiling a reshuffled state party leadership line up to the media here this morning.

He also said the party’s move was in line with Prime Minister Najib Tun Razak’s 1Malaysia concept to foster greater racial unity.

Teng conceded that the party membership was overwhelmingly Chinese at present. “We have to shed this image by recruiting more Malays and Indians into these new branches,” he said.

Currently, Penang Gerakan has 63,000 members in 197 branches.

New line-up

Meanwhile, former Batu Uban assemblyman Goh Kheng Sneah was appointed as the new state Gerakan secretary.

He replaces Ong Thean Lye, who was appointed as state vice-chairman alongside three others – party secretary-general and Tanjung division chairman Teng Chang Yeow; former Pantai Jerejak assemblyman and Bayan Baru division chairman Wong Mun Hoe and Nibong Tebal division chairman Dr Lim Boon Han.

Ng Fook On remains as the state treasurer, as does state Youth chief Oh Tong Keong and women's wing chief Ng Siew Lai. Party president Koh Tsu Koon remains as state advisor.

Teng said the new state committee would lure more young talents to assume various bureau duties to train them for the future leadership.

He said he had finalised the new line up after consulting several top party leaders.

The state Gerakan chairman endured a political scare when he narrowly survived a vote of no confidence against his leadership during an extraordinary general meeting (EGM) on Oct 10.

Pundit predicts status quo in by-elections

By Stephanie Sta Maria - Free Malaysia Today

KUALA LUMPUR: PAS would win the Galas by-election in Kelantan while Barisan Nasional would retain its Batu Sapi parliamentary seat in Sabah, said a political observer.

However, UCSI University's economics and policy science lecturer Ong Kian Ming noted that Galas would see a tough fight, with Chinese voters steering victory in PAS' direction.

The Galas state seat has 11, 553 voters, made up of Malays (7,125 or 62%), Chinese (2,317 or 20%), Indians (185 or 5.6%) and Orang Asli (1,889 or 9.5%).

In the 2008 general election, only 45% of the Chinese voters had backed BN.

“We will see the same behaviour among the Chinese voters as we did during the Bukit Gantang and Hulu Selangor by-elections,” Ong said.

Ong also touched on Tengku Razaleigh Hamzah's role in Galas and indicated that the Kelantan prince was right in declining to contest the seat. Razaleigh, who is popularly known as Ku Li, is BN's election director for Galas.

“Past election results have shown that while Ku Li garnered high votes at the parliamentary level, he didn't win as many at the state level,” the academic said. “I'm sure he's well aware of this which is why he chose not to run for this seat.”

Ku Li has been the MP of Gua Musang – which includes the Galas state seat - since 1969 and remains an influential figure in the state. However, he only obtained 3,826 votes in Galas during the 2008 election compared to his PAS opponent who won 4,143 votes.

Ong also pointed out that Razaleigh's backing for the PAS Kelantan state government in its claim for oil royalty would be sticky point in the campaign.

“Voters will be waiting to see whether Ku Li will continue defending his stand or whether BN will reverse its original decision in order to secure a win,” he said.

“The result of this by-election will indicate the extent of his influence in the state and the ability of (Prime Minister) Najib (Tun Razak) in sustaining the feel-good factor among the Malays,” he added.

The Galas seat fell vacant on Sept 27 following the death of PAS' Che Hashim Sulaima who defeated BN's Saufi Deraman with a majority of 646 votes.

The by-election on Nov 4 would see a straight fight between BN candidate Abdul Aziz Yusof and PAS candidate Dr Zulkefli Mohamad.

No swing in Batu Sapi

In predicting a sizable margin of victory for BN in the Batu Sapi by-election, Ong said there was unlikely to be a swing among the Chinese voters as expected in Galas. In the previous election, BN clinched 40% of Chinese votes.

Ong also viewed DAP's willingness to make way for PKR to field its candidate for the seat as a favour that it would call on during the Sarawak elections.

“DAP will use this as a leverage point when it comes to negotiating seats during the Sarawak elections,” he explained. “But of course there are other reasons for DAP not contesting this seat.”

“One of them is the fact that this isn't a Chinese majority seat and the other, is that the party doesn't want to divert its resources from Sarawak into this area,” he added.

According to him, the only question in the Batu Sapi by-election is whether SAPP would win more votes than PKR. If this happens, he said, then the opposition would find itself in a pickle.

“SAPP will make a claim to contest a larger number of state seats in the next election. SAPP will give the opposition a choice: either give it more seats or it will aligned itself with BN,” he said.

The Batu Sapi by-election, which would also be held on Nov 4, was called following the death of its incumbent Edmund Chong in a road accident on Oct 9.

In the 2008 general election, Chong had won the seat by beating independent candidate Chung Kwong Wing by a majority of 3,708 votes.

The by-election would be a three-cornered fight, with BN fielding Chong's widow Linda Tsen against PKR's Ansari Abdullah and SAPP president Yong Teck Lee.

Greenhorn Aziz aims to survive Galas 'rapids'

By FMT Staff

GUA MUSANG: It's an uncomfortable debut for Galas Barisan Nasional candidate Abdul Aziz Yusof, knowing that his mentor Gua Musang Umno division chief Tengku Razaleigh Hamzah is in trouble over the former's candidacy.
Still Abdul Aziz, who is reportedly inspired by Razaleigh, said he "will do his best and whatever it takes" to give Barisan Nasional a victory.

"For now I am just relieved that the nominations are over and there was no untoward incidents," the 47-year old former civil servant told FMT.

Gua Musang Umno division is divided over Abdul Aziz's nomination and all daggers are aimed at Razaleigh and his protegee's credibility.

"It's still too early to talk about (PAS candidate) Dr Zulkefli (Mohamad). My current thought is to take things as they come ... I am prepared for the personal attacks," said Abdul Aziz alluding to the discontent posted by party factions supporting former Gua Musang division chief Saufi Deraman.

The lanky Gua Musang Umno secretary has been described by many as "earthy" and "easily approachable," criteria which Prime Minister Najib Razak has made mandatory when deciding on BN candidates.

Gearing his mind to win, Abdul Aziz said he will now begin his campaign to wrest Galas.

"My focus if elected would be to improve the quality of live of locals.     

“I believe Barisan can make a difference in Galas. This used to be Barisan's stronghold... we are familiar with the needs here,” said the former operations manager with South Kelantan Development Authority (Kesedar).

Pas challenge

Opposing him on the Galas by-election frontline is local doctor Zulkefli. The 'medicine man' is deputy PAS chief for Gua Musang and a familiar face with the locals.

In his maiden speech after being declared an official candidate yesterday morning, he urged PAS and Pakatan Rakyat members to work hard for a collective win.

"I urge all to join us in working towards a win for PAS in Galas," he said adding that his main focus now would be to meet each voter and explain to them his agenda.

He pledged to continue the efforts of the late incumbent Chek Hashim Sulaima.

"I will continue the work of the late Chek Hashim. I hope Galas voters will be wise to evaluate the party's efforts and vote for me as representative of Pakatan Rakyat," he said.

On allegations that he was once caught for khalwat, Zulkefli said the matter was closed.

Polling for the Galas state constituency seat is set for Nov 4. The seat became vacant following the death of Chek Hashim on Sept 27 from cancer.

BN candidate Saufi Deraman lost to PAS Chek Hashim in the 2008 general election by a 646 vote. There are 11,553 registered voters in Galas.

Let's have a rational debate on social contract

By Concerned Scholars

COMMENT We would like to provide some feedback to the speech made by Prime Minister Najib Tun Razak on Oct 21, 2010 to the Umno general assembly in which he gave the impression that there is a 'social contract' whose terms are set in stone.

He also told the delegates that no Malaysian should question it.
It is necessary to note that there is a range of views amongst us on the social contract issue and on how to respond to the prime minister’s advice.

One colleague has argued that it is not yet time for an “organized effort” of civil society to make such a statement as it may provoke negative reactions that may be harmful to our common pursuit of a fair and united nation.

Another has expressed concern that we must not play into the hands of politicians who will mobilize Malay support by trying to show that the non-Malays have reneged on their so-called promise to accept Malay political superiority in exchange for citizenship.

A third colleague has noted that there is really no need to contest what is 'written' in the social contract. Rather, we should question where a copy of the social contract is to be found so we can verify and discuss its contents and meaning.

Despite our different points of view, we are in agreement on three key points.

Firstly, it is important for Malaysians not to be gagged into silence on what is perhaps the most contentious issue standing in the way of better inter-communal relations in the country. The quicker we can reach consensus on what the social contract means – not only in terms of what was agreed by the nation’s early leaders in the past but also, more importantly, on how this agreement should be understood by Malaysians today – the less divided and more hopeful will be our future.

Secondly, for us to reach this consensus, it is important to have the facts on what took place during that critical period of our history fully disclosed and available for public discussion. In particular, we will need to have the relevant reports of the Reid Commission so that Malaysians have the opportunity to read and understand the logic and wisdom of our early leaders and do not have to depend on politically skewed interpretations of what is supposed to comprise any agreement or social contract for that period.

The danger of not debating

Finally, at the same time it is necessary for constitutional and legal experts, historians and other scholars to lend their expertise to the public understanding. Professional organizations such as the Bar Council, the Malaysian Social Science Association, and other bodies should organize talks, seminars and forums to ensure that the best minds on the subject can have their opinions disseminated to the public.

We believe that the Malaysian public has reached a level of political maturity so that we can have a rational and public debate on the way forward in terms of any inter-communal accord or understanding arrived at, and on what needs to be honoured and respected.

For that reason, we are opposed to the position of Umno and MCA which is tantamount to decreeing a ban on public discussion of the issue.

The danger is that in not debating the issue openly – which is what the two main BN parties seem to be driving at – there is a real danger not only of driving that debate underground but also of reinforcing or entrenching ethnocentric interpretations that do not reflect the true intent of the constitutional agreement reached more than 50 years ago.


The above article was jointly written by Dr Lim Teck Ghee, Dr Mavis Puthucheary, Dr Azmi Sharom, Dr Toh Kin Woon and Dr Wan Zawawi Ibrahim.

Sodomy II: Court to decide if initial medical report should be produced

(THE STAR) - The court stood down Wednesday to allow Justice Mohd Zabidin Mohd Diah to rule on whether to instruct a Hospital Kuala Lumpur (HKL) doctor to produce examination notes taken during a three-hour medical examination of Mohd Saiful Bukhari Azlan on June 28, 2008.

On Monday, Dr Razali Ibrahim told the court that another medical report existed that contained more details of Mohd Saiful's medical history and examination.

He told the court that there was another "initial report" which had been prepared and signed by the three HKL doctors who had presided over Mohd Saiful's case.

He said this when cross-examined by Opposition Leader Datuk Seri Anwar Ibrahim's lawyer, Karpal Singh.

When asked if this report was separate from the one dated July 13, 2008, and prepared prior to it, Dr Mohd Razali replied: "Yes."

Karpal then applied to the court for that document to be made available in court.

Anwar, 63, is facing a charge of sodomising a former aide, Mohd Saiful Bukhari Azlan, 25, at the Desa Damansara condominium in Bukit Damansara here on June 26, 2008.

New brooms sweep clean? Not this one!

So we have a new IGP.

A new era in policing?

Last Monday, the coroner in the inquest in relation to the death of Gunasegaran, death in custody No. 1805, returned an open verdict, meaning to say that she could not rule conclusively on the cause of death.

“This is an open verdict case as witness testimonies were not enough for a conclusion…The death was caused by one of two things, but I cannot conclude if it was true that the injuries found in the post-mortem were due to beatings” , Malaysiakini reports coroner Siti Shakirah Mohtarudin as saying.

Malaysiakini reports that the coroner alluded to another possible cause of death : the “lethal level” of drugs allegedly found in Gunasegaran during the first post-mortem.

Visvanathan, counsel who represented the family of Guna during the inquest, has said that a review would be filed in the High Court.

“There are witnesses who positively identified the person who made the assault. How is it possible for the man who was identified to walk out as a free man?” , Malaysiakini reports Visva saying.


In his written submissions at the inquest, this is what Visva said of the witnesses who identified the assault.

____________________________________________________________

Terdapat 3 orang saksi yang telah hadir di Mahkamah yang memberi keterangan yang berbeza dari versi yang diberikan oleh anggota polis.Saksi-saksi ini merupakan orang-orang yang telah ditangkap bersama-sama simati pada petang 16.7.2009.

Tiga orang ini terdiri dari :-

1) Ravi a/l Subramaniam ( SI17)

2) Suresh a/l M Subbaiah (S20)

3) Selvach Santhiran a/l Krishnan (SI22)

Ketiga-tiga saksi ini telah memberikan keterangan pada hari yang berbeza. 2 dari mereka kini berada di dalam tahanan di tempat yang berlainan. Kami hujahkan bahawa tidak mungkin ketiga-tiga saksi ini berkomunikasi untuk bersepakat bagi tujuan memberi keterangan di Mahkamah.

Ravi a/l Subramaniam (SI17)

Saksi ini mengesahkan bahawa beliau ditahan bersama simati bersama 4 yang lain pada petang 16.7.2009. Beliau juga mengesahkan bahawa terdapat seorang anggota polis yang telah menendang Simati selepas simati ditangkap. Saksi ini juga mengatakan bahawa beliau telah menolong simati pergi ke belakang bagi tujuan cap jari dan urin. Beliau juga memberi keterangan bahawa si mati pada masa itu tidak boleh berjalan kerana ditendang. Beliau meninggalkan simati dekat kerusi dibelakang dan masuk balik kedalam lokap. Beliau kemudiannya ada mendengar bunyi kerusi jatuh. Anggota yang menangkap simati kemudiannya datang kelokap dan meminta beliau pergi kebelakang semula untuk kejutkan simati. Beliau kemudian pergi ke belakang dan melihat Simati tidak bergerak dan semasa dikejutkan badan simati tidak bergerak dan matanya tidak berkelip. Saksi ini kemudiannya merasakan takut untuk mengejutkan simati pada masa itu. Beliau merasakan simati sudah mati ketika itu.Badan si mati juga dikatakan sejuk ketika itu. Perkara ini dimaklumkan kepada anggota polis dimana beliau disuruh masuk semula ke dalam lokap. Saksi ini juga memberi keterangan bahawa tiada apa-apa pertolongan kecemasan yang diberikan kepada Simati pada masa itu oleh Polis. Insiden “renjisan air” juga dinafikan berlaku oleh saksi ini. Saksi ini kemudiannya memaklumkan Mahkamah bahawa beliau telah dipujuk dengan janji untuk dilepaskan awal oleh anggota polis yang berbangsa Singh untuk memberi percakapan bahawa simati telah jatuh sendiri dan tidak dipukul anggota polis. Saksi ini juga mengesahkan ada membuat satu Surat Akuan berkenaan kes ini dan Surat Akuan ini ditandakan sebagai eksibit “I-11”. Saksi ini ada memberi keterangan bahawa beliau ada menalipon kawannya dan memaklumkan beliau bahawa Simati telah mati di Balai Polis. Saksi ini telah mencamkan SI8 iaitu L/Kpl Faizal yang telah memukul simati pada hari kejadian.

Suresh a/l M Subbaiah (SI 20)

Saksi ini juga merupakan salah seorang dari tangkapan yang dibuat bersama simati pada petang 16.7.2009. Saksi ini juga menceritakan bahawa beliau melihat Simati dipukul oleh salah seorang anggota polis pada petang 16.7.2009. Beliau mengatakan bahawa salah seorang anggota telah meminta saksi SI17 keluar dari lokap untuk cuba kejutkan Simati tetapi gagal mengejutkan simati. Saksi ini juga mengatakan bahawa simati diusung kehadapan dan diletakkan selama 20-30 minit. Saksi ini juga mengatakan bahawa tidak melihat Simati tidak bergerak dan tidak bercakap. Saksi ini telah memberitahu anggota polis pada petang itu bahawa pada masa itu simati sudah mati. Beliau juga mengatakan bahawa tiada apa-apa bantuan kecemasan yang diberikan kepada simati pada petang itu oleh pihak polis. Saksi ini juga telah mengesahkan bahawa beliau ada membuat surat akuan berkenaan kes ini yang telah ditandakan sebagai eksibit “SI13”. Saksi ini juga telah mengenalpasti SI8 iaitu L/Kpl Faizal sebagai orang yang telah memukul simati pada hari kejadian.

Selvach Santhiran a/l Krishnan (SI22)

Saksi ini memberi keterangan bahawa pada 16.7.2009 beliau juga ditahan bersama simati dan 4 yang lain. Saksi ini telah dilepaskan pihak polis kerana ujian urin beliau negative pada petang hari tersebut. Saksi ini juga memberi keterangan bahawa beliau telah melihat simati ditendang di bahagian belakang dan dada simati oleh salah seorang anggota polis pada 16.7.2009. Beliau mengatakan keadaan si mati selepas itu teruk. Saksi ini juga memberitahu Mahkamah bahawa simati telah dibawa ke hadapan dan dibaringkan di hadapan lokap. Beliau juga mengatakan bahawa beliau tidak tahu sama ada simati masih hidup atau sudah mati ketika itu. Simati ketika itu tidak bergerak dan tidak bercakap. Selepas dilepaskan beliau ada menerima panggilan talipon dari Ravi bahawa Simati telah mati. Surat Akuan berkenaan kes ini juga dibuat oleh saksi dan ditandakan sebagai eksibit “SI 12”. Saksi ini juga mengenalpasti L/Kpl Faizal sebagai orang yang telah memukul simati pada hari kejadian.

____________________________________________________________

Later that night, on the same day that the coroner delivered her verdict, police called at the home of witness Selvach and took him away.

Malaysiakini reported yesterday that Selvach’s wife, S Saraswathy, said that 5 police officers came to the family home around 10pm, assaulted Selvach and then took him away.

Applicants claim that provision under Amla is unconstitutional

The Star
by M. MAGESWARI

KUALA LUMPUR: Ten people and three companies are challenging the constitutional status of a freeze order in the Anti-Money Laundering and Anti-Terrorism Financing Act (Amla).

The applicants’ lead counsel Michael K.T. Chow said it is the first time that there is a lawsuit disputing the constitutionality of the provision, as stipulated in Section 44 of the Act.

“We are saying Section 44 of the Amla is unconstitutional because it allows freeze orders to be issued without notice to the persons concerned.

“The order is not issued by the court but by investigating officers of Bank Negara,” he told reporters here yesterday.

Asked why his clients’ bank accounts were frozen, Chow said the applicants were said to be guilty of using a moneychanger to send money abroad for business.

Among the applicants in the suit are businessman Khor Peng Chai, 57, who is a director and shareholder of licensed money lender CTW Marketing (M) Sdn Bhd, wife Lee Moi Tiang, 52, and daughter Khor Yea Jye, 29.

CTW Marketing is also one of the three companies named as applicants.

In a judicial review application filed on Sept 6, they named Bank Negara and the Malaysian Govern­ment as respondents.

Chow, who is acting for the 13 applicants together with lawyer Stanley Augustin, said his clients were challenging the central bank’s decision to freeze their bank accounts.

The applicants are asking for a declaration that Section 44 of Amla is in violation of the provision of the Federal Constitution that all persons are equal before the law and is, accordingly, null and void.

They are applying to quash the decision of Bank Negara in issuing the freeze notices dated July 28.

Among others, they are asking for costs and further relief deemed fit by the court.

On the grounds for leave application, the applicants stated that Bank Negara had acted in excess of its powers conferred upon it by the same Act.

High Court (Appellate and Special Powers) judge Justice Mohd Zawawi Salleh yesterday allowed an application by Senior Federal Counsels Noor Hisham Ismail and Nadia Hanim Mohd Tajuddin to file further written submissions for the leave application.

The judge set Thursday for hearing of the leave application after meeting the parties in his chambers.

Butterworth: Muddy waters choke fish

Muddy waters at Pantai Bersih, along the northern coast of Butterworth, have been causing concern among fisher folk.
It is not clear what is polluting these waters – not far from ports on the mainland and the island.
On a related note, Pantai Bersih is anything but – in fact, it is a haphazard eyesore of illegal and legal buildings right up to the coast line. Pity the poor residents of Butterworth for that is their only recreational space by the sea along the entire Butterworth coast line and even that stretch has been eaten up by the Butterworth Outer Ring Road.
These reports from theSun.
Sea of mud
by Himanshu Bhatt
Polluted waters off Butterworth killing marine life, say fishermen
Abdullah compares the muddy sea water to clear water.
SEBERANG PERAI (Oct 24, 2010) : The seas off Butterworth are being affected by a mysterious mud-like deluge that is killing fish and other marine life along a 5km stretch of shoreline.
The entire section of Pantai Bersih (Clean Beach), a popular recreation site, has been turned brownish-green up to about 15m into the sea from the beach area, north of Penang Port.
A source told theSun the Department of Environment (DOE) had collected samples of the water today and is investigating the matter.
It is learnt the deluge began about 10 days ago and has gradually been expanding and increasing in scale.
The source said the DOE was considering the possibility of the deluge having been caused by mud-dumping or illegal sea-bed sand mining.
When contacted, State Environment Committee chairman Phee Boon Poh said it may also be due to “red tide” – a phenomenon where high concentrations of marine algae proliferate along a coastal area.
“This is the first time such a phenomenon has occurred here,” he said.
Phee said the authorities were keen to find out if there was any correlation between the deluge and earthquakes and volcanic activity in Sumatra as well as recent tremors on the Nicobar Islands.
“I have told fishermen to report it if they see any fish or marine creature that is unusual or not local to this area.”
Abdullah Hassan, 45, said he had not seen anything like this in his 30-odd years as an inshore fisherman along the Seberang Perai coastline.
“We have seen a lot of dead fish floating in the waters since this began,” he said. “Our incomes have dwindled as there are very few fish left along the shore.”
Lo Kiang, who operates a seafood restaurant on the beach, said it had been noticed that the surge of muddy water had moved in with the tide coming from further south along the Penang Channel.
Phee pointed out that mud-dumping is allowed only 6km from Muka Head on the north-western tip of Penang island, and 7km from the northern section of the channel.
“If it is mud, it should have been washed away and dissipated by now,” he said.
Mud-like deluge not linked to natural disasters
newsdesk@thesundaily.com
GEORGE TOWN (OCt 25, 2010): Fishermen need not worry about the mysterious mud-like deluge hitting the seas off Butterworth as it is not linked to any imminent natural disaster.
The deluge of mud – which started about 10 days ago and had increased in scale since – was probably due to the dredging works for the deepening of the north channel.
“The good news is that it was not due to continued earthquakes and volcanic activity in Sumatra or the tremors in the Nicobar islands as we have already checked with the meteorological department on this,” said state environment, health, welfare and caring society committee chairman Phee Boon Poh.
Phee also said some fishermen reportedly saw the barges from the dredging works dumping sludge near Kendi Island when they were only allowed to dump the sludge about 6km off Muka Head on the north-western tip of Penang island.
“The Environment Department will continue to investigate the source of this phenomenon and it will also be taking samplings of the water and the fish there to ensure that everything is okay there,” he said.
The department will come up with a conclusive report on the issue in one to two days’ time.
theSun had reported that the entire section of the sea, about 150m into the sea from the beach, off Pantai Bersih in Butterworth has turned brownish-green.
It is learned that the deluge started about 10 days ago.
Local inshore fishermen have reportedly noticed a lot of dead fish floating in the waters in that area since the incident. — theSun

Malaysia party in India PM appeal

Indian Prime Minister Manmohan Singh in Tokyo on 25 October 2010  

Prime Minister Manmohan Singh has been urged 
to let more Malaysian-Indian students in India
 
BBC - A Malaysian party has urged India's PM to highlight alleged discrimination against Indian minorities during his official visit the country.

The Human Rights Party says that though Malaysia has one of the largest Indian populations outside India, they feel marginalised in their own country.

Ethnic Indians make up about 8% of Malaysia's 28 million people.

Prime Minister Manmohan Singh is due to arrive in Kuala Lumpur on Tuesday on the second leg of his Asian trip.

The pro-Indian Human Rights Party was launched by P Uthayakumar, an ethnic Indian who spent 17 months in jail for his role in anti-government protests in December 2007.

It says that the rights of the ethnic Indians have been violated, alleging discrimination in education as an example.

The party says about 2,000 Indian students who score straight As are denied government scholarships or entry into public universities every year.

It has urged Mr Singh, who began his tour of the region in Japan, to grant more scholarships to Malaysian-Indian students to study in India.

A policy that favours the Malay-majority means there is a quota system for education, employment and setting up businesses, says the BBC's Jennifer Pak in Kuala Lumpur.

The Malaysian government has announced measures to promote fairer opportunities.

But the Human Rights Party says similar promises made by the governing coalition have not been kept.

At least 112 dead, more than 500 missing after Indonesia quake

Jakarta, Indonesia (CNN) -- At least 112 people were killed and 502 others were missing after a 7.7-magnitude earthquake struck off Sumatra on Monday and triggered a tsunami, Indonesian officials said Tuesday.

The Pacific Tsunami Warning Center said the quake generated a "significant" tsunami. Some of the missing may include people who are unaccounted for after fleeing to higher ground, said Henri Dori Satoko, the head of the Mentawai Islands parliament.

Although communication with remote areas was difficult, some witnesses in West Sumatra reported seeing a wave 6 meters (nearly 20 feet) high. Other reports described the tsunami as being about 3 meters (almost 10 feet) high.

Satoko said at least one village with a population of about 200 people was swept away, with only 40 people recovered.

Eight to 10 Australians on board a tourist vessel who had been feared missing were reported to be safe, Satoko said. "All foreign tourists are safe.".

The numbers of dead and injured were in flux because information was trickling in from remote parts of Indonesia, a country made up of myriad islands. The area believed hardest-hit was the Mentawai Islands, a popular surfing destination. In particular, Pagai Island was thought to have been affected, said Ita Balanda, a program manager for World Vision in Padang.

Large waves were keeping rescue crews and aid workers from reaching the area. An Indonesian Red Cross assessment team had set out for the island but was forced to turn back because of high seas and debris in the water, said Gayat, spokeswoman for the agency, who like many Indonesians only uses one name. She said the team will try again Wednesday morning.

The trip takes 10 hours, even under good conditions, Balanda said.

The quake struck at 9:42 p.m. Monday, triggering a tsunami warning that was later lifted when sea level readings indicated the threat had diminished or was over for most areas. Its epicenter was 240 kilometers (150 miles) south of Padang, at a depth of 20.6 kilometers (12.8 miles), according to the U.S. Geological Survey. The magnitude was revised upward from a preliminary magnitude of 7.5.

"Big, slow, long earthquake last night, and a couple tremblers afterward," WavePark Mentawai Surfing Resort said on its website. "Turns out it was a 7.5 about 70 [kilometers] south of us." The resort said it saw "about six waves on the beach after about 20 minutes" but none was higher than usually seen during high tide.

"No damage here, but reports of damage to other resorts and charter boats further south," the posting said.

"The local residents in the Mentawai Islands reported seeing a tsunami as high as 3 meters [that] reached as far as 600 meters inland," said Mujiharto of the Indonesian Health Ministry.

The Perfect Wave, a surf travel company that said it had 32 clients in the area, also described the wave in a statement as about 3 meters (10 feet) high, and said it washed through a bay where two boats with clients on board were docked. One boat hit the other, which caught on fire, and all the guests jumped overboard. Nine guests and five crew members were washed into the jungle and took more than an hour to make their way to safety, the company said.

All those aboard were picked up by a third boat and were safe "apart from suffering some smoke inhalation and minor scratches," the statement said.

A surf guide aboard the third boat reported "there was a lot of debris floating in the water including bar stools and other pieces of furniture from Macaronis Resort," the company said. "No news on the state of the village at Silabu."

The resort, where six clients were staying, is "all but gone," the statement said.

"It's very difficult to access the coast right now because the sea is quite bad," said Gilles Bordessoule, owner of the Siloinak Surf Resort. He said his property was unaffected, but his staff was attempting to help the Macaronis Resort, which was "completely destroyed" along with two others. Two of the Macaronis guests are missing, he said.

He said the only means of communication with the affected area is by satellite phone, which is how he found out about the resort and received some other information. The fate of the other 130 kilometers (80 miles) of coastline is unknown, he said.

Bordessoule said he had been in contact with authorities and residents of the area and was told between 150 and 180 people are dead and body bags are needed.

World Vision's Balanda said her organization is working with the Indonesian government and the United Nations to figure out how to get to the hardest-hit area. Indonesian government resources have been sent to central Java, where Mount Merapi was erupting, she said, but said her group hopes one or two helicopters will be freed up to help with the quake and tsunami response. She said she is receiving information from a local nongovernmental organization as well as others in the region.

The Perfect Wave said it was working to obtain replacement passports for its clients and organize flights home.

The city of Padang and the Mentawai Islands are at the meeting place of two tectonic plates, making them vulnerable to earthquakes and tsunamis.

On December 26, 2004, a 9.1-magnitude earthquake struck off northern Sumatra. A tsunami generated by that earthquake killed more than 225,000 people in 14 countries -- mainly India, Indonesia, Maldives, Sri Lanka and Thailand. The Indonesian region of Banda Aceh was hard-hit: About 150,000 died there.

CNN's Sarita Harilela and Brian Walker contributed to this report.

Witness who saw police kick Guna assaulted and arrested

Help Indians, Human Rights Party pleads to Manmohan

(Malaysiakini) Having had no positive response from the Malaysian government, the Human Rights Party Malaysia (HRP) is now appealing to three international leaders, who are scheduled to visit Malaysia soon, to intervene and help resolve the social-economic plight of the marginalised Indian community in the country.

NONEHRP pro-tem secretary-general P Uthayakumar (right) told Malaysiakini that the first leader in HRP's agenda is Indian Prime Minister Manmohan Singh, who is scheduled to arrive in Malaysia today.

After Manmohan's departure, HRP will approach the Australian High Commission in Kuala Lumpur for assistance to meet with Australian Prime Minister Julia Gillard, who is scheduled for a two-day visit to Malaysia from Sunday (Oct 31).

HRP also hopes to meet with US Secretary of State Hillary Clinton during her three-day visit to Malaysia from Nov 1.

While the elder brother P Uthayakumar is working in the country, to supposedly to free the local Indian community from the denial of their socio-economic rights and needs, his younger brother, Hindraf chief P Waytha Moorthy, is said to be working on the issues from his self-imposed exile in London.

In a series of media statements, both Hindraf and HRP leaders appealed to the Prime Minister of India to take up violations of basic human rights against the Indian minority in Malaysia, and on matters of the community's welfare.

The Indian wire news agency, Press Trust of India, in a report on Oct 20 carried Waytha Moorthy's appeal to Manmohan to take up the issue of "serious human rights violations" of Indians with Malaysian Prime Minister Najib Abdul Razak.

Ignore SMS On Protest Demo In Brickfields Tomorrow - Police

KUALA LUMPUR, Oct 26 (Bernama) -- Police on Tuesday advised the public to ignore a SMS going around urging people to gather in front of the Sri Kota building in Brickfields here Wednesday to protest the visit of Indian Prime Minister Manmohan Singh.

City police chief Datuk Muhammad Sabtu Osman, in a statement here, said the SMS asked people to wear black or black armbands and gather at the venue at 10am.

"Police have not received any application from any parties to stage such a gathering and neither has any permit been issued for it.

"As such, the public is reminded that participating in the illegal gathering is an offence under Section 27 (5) of the Police Act 1967," he said.

Muhammad Sabtu added that the illegal gathering would disturb the peace, disrupt traffic flow and might also cause tension that could affect public order.

Prime Minister Datuk Seri Najib Tun Razak and Manmohan Singh are scheduled to open "Little India" in Brickfields on Wednesday.

Sosilawati murder: Teen Files Appeal Against Conviction, Sentence

SHAH ALAM, Oct 26 (Bernama) -- One of two youths sentenced to seven years jail when they pleaded guilty to disposal of evidence in the murders of cosmetics millionaire Datuk Sosilawati Lawiya and three others, has filed an appeal against his conviction and sentence.

Nineteen-year-old K. Saravanan's appeal was made via law firm Messrs A S Dhaliwal at the Shah Alam High Court Criminal registry here Tuesday

On Oct 15, the former mechanic and V. Suresh, 26, received the jail sentence from the magistrate's court in Teluk Datuk.

In the notice of appeal, Saravanan said he was dissatisfied with the decision of the magistrate, Hurman Hussain.

Both Saravanan and Suresh were each charged with seven counts of disposing of evidence, under Section 201 of the Penal Code.

Hurman sentenced them to seven years' jail on each count to be served concurrently, from the date of their arrest on Sept 9, this year.

They were among eight people detained by police between Sept 9 and 12, in connection with the disappearance of Sosilawati and three others on Aug 30, this year.

Saravanan was charged with disposing the evidence by burning the remains of Sosilawati, 47, CIMB bank officer Noorhisham Mohammad, 38, lawyer Ahmad Kamil Abdul Karim, 32, and Sosilawati's driver, Kamaruddin Shamsuddin, 44.

The bodies of the four victims were burnt at Lot No 2001, Jalan Tanjung Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on Aug 30.

Suresh was charged with disposing of evidence by throwing the ashes of the four bodies at Sungai Panchau, Jalan Morib Banting, between 8am and 10am on Aug 31, this year.

On Oct 13, lawyer N. Patmanabhan and three farm workers, T. Thilaiyalagan, 19, R. Matan, 20, and R. Khatavarayan, 30, were charged at the same court with murdering Sosilawati, Noorhisham, Ahmad Kamil and Kamaruddin.

The court set Dec 16 for mention of the murder case, pending the chemistry and other relevant reports.

Counsel Avtar Singh Dhaliwal said no date was set by the High Court to hear the matter.

He told Bernama that he filed the appeal on the instruction of Saravanan's family.

Why the mad scramble


Your position as division chief is not a guarantee or passport to becoming a candidate in the elections. You do not earn that undisputed right to contest the general or by-election just because you happen to have won the party election and are now a division chief.

NO HOLDS BARRED

Raja Petra Kamarudin

PKR's Batu Sapi campaign off to an ugly start

The Batu Sapi by-election campaign by Pakatan Rakyat has got off to an ugly start.

Rumblings of discontent have burst into an open war within Sabah PKR over the selection of the Batu Sapi candidate.

Disappointed supporters of Sabah PKR chief Ahmad Thamrin Jaini instigated a clash with chosen candidate Ansari Abdullah's camp at the Sandakan airport as de facto leader Anwar Ibrahim left for Kuala Lumpur on Sunday night.

According to party sources a quarrel broke out between the two factions and saw airport security stepping in to it break up.

The clash began after about 50 supporters of Ansari, a party supreme council member, and Thamrin traded insults.

Supporters of Thamrin appeared to spark the fracas when they argued that he was the better choice compared to Ansari, the PKR Tuaran division chief who is seen as an outsider from the west coast.

An airport security officer confirmed the incident saying that it lasted about five minutes.

He said that airport security pulled the two groups apart and they dispersed.

Earlier on Sunday, nearly half the crowd of about 1,000 walked out from the Hakka Community Hall when Anwar announced Ansari’s name. -- Free Malaysia Today

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

That is the latest on the three-corner Batu Sapi by-election. Not reported, however, is the earlier party election where aspirants for division chief threw loads of cash around and employed gangsters to gatecrash the division meetings to turn it into a barroom brawl the likes of a John Wayne wild, wild, west movie.

If you are still in doubt whether a three-corner fight will result in both SAPP and PKR losing out to PBS, the expected internal sabotage will ensure that this does happen. As what Barisan Nasional said, they are not scared of the opposition. They are more scared of their own people sabotaging their party candidates.

And this will be the first focus of the Malaysian Civil Liberties Movement (MCLM). We will be engaging PKR, DAP and PAS in dialogues to try to convince the three component members of Pakatan Rakyat to change the system in how candidates in the general and by-elections are chosen.

Oh, and by the way, ‘we’ here means Sam Haris (Ibrahim) and me. Sam is temporarily the MCLM’s official spokesman until we confirm our office bearers this Saturday, 30th October 2010. I will thereafter let Saturday’s inaugural meeting decide the officer bearers.

Currently, Pakatan Rakyat copies the Barisan Nasional model. In fact, PKR is almost like a copycat of Ummo. And, to a certain extent, so is DAP and PAS. Thus the problem being faced by Barisan Nasional is also being faced by Pakatan Rakyat.

As what Nick Clegg, the LibDem party leader, told both the Conservatives and Labour: we don’t want just electoral reforms, we want political reforms. And of course within political reforms will be electoral reforms. And Malaysia needs both political and electoral reforms as a fish needs water.

The first political reform must be that all party leaders are told that just because they win the party election and become a division chief this does not give them the exclusive right to contest the general or by-elections.

Your position as division chief is not a guarantee or passport to becoming a candidate in the elections. You do not earn that undisputed right to contest the general or by-election just because you happen to have won the party election and are now a division chief.

Maybe it is a good idea that the job of division chief (which is a party post) and wakil rakyat (parliamentarian or state assemblyperson) be separated. The division chief should not be asked to contest the general or by-election so that he or she can focus on party matters. The wakil rakyat should be someone with no party responsibilities/positions so that he or she does not become distracted and gets bogged down by party matters and can instead devote full time to his or her job as an elected public officer (parliamentarian or state assemblyperson).

This is even more crucial if the parliamentarian is also a minister and the state assemblyperson the chief minister (menteri besar) or state EXCO member. Which becomes his/her priority? Most times the party post or division chief position takes priority over all other responsibilities.

How often have we seen EXCO members or wakil rakyat absent from their office (or absent from state assembly/parliament sessions) because they have division matters to attend to? Sometimes they have to go back to their divisions merely to attend weddings of the children of their local warlords or supporters. And if they do not go back and instead focus on their public job then these people feel slighted -- so you need to jaga their hati and balek kampung, thereby neglecting your job.

As much as we may argue that one is able to treat both wives fairly, the reality is one wife gets more attention than the other. And in this case there are many who put party responsibilities or division matters above their responsibility as wakil rakyat.

If it becomes the policy that just because you are the division chief this does not mean you are going to automatically be chosen to contest the general or by-election, then the ‘value’ of division chief would erode. And since the value of a division chief is no longer there, the contestants in party elections would not spend millions and employ gangsters to ensure they win the contest for division chief.

Currently, the ‘backdoor’ to being chosen as a candidate in the general and by-elections is to make sure you win the contest for division chief. That is why the party elections are even more hotly contested than the general or by-elections. In the general or by-elections you can fall back on the party machinery. In the party elections you need to spend a lot of money and employ gangsters to beat up your opponents.

And this is why the Pakatan Rakyat party elections are no different from those of Barisan Nasional.

We shall continue this discussion tomorrow where we shall talk about preparing the ground early -- deciding on which party will contest which seat and who these candidates should be so that they can work the ground early and not ‘parachute’ there the morning of Nomination Day.

The Coroner’s Inquest has failed in dispensing justice to Gunasegaran and his family

Joint Press Statement by eight (8) Civil Society Groups

We, the undersigned organizations, are deeply appalled by the “Open Verdict” of the Coroner presiding at the inquest of R. Gunasegaran who died in police custody on July 16, 2009.

As many as three witnesses have testified at the inquest that Gunasegaran had been kicked and beaten by a police officer until he was unconscious, and the second autopsy has found a 28cm long, 8cm width and 5cm depth scar on his chest.

We cannot believe that such a heavy physical assault and the resultant severe scars on Gunasegaran were not given the due consideration as the most probable cause of death. The coroner’s open verdict is simply unconvincing! We strongly criticize the dismissal of eye-witnesses’ testimony. The coroner’s inquest has apparently failed in dispensing justice without fear or favour, to Gunasegaran and his family.

Given that the authorities have tried to defer giving a copy of the post-mortem report to Gunasegaran’s family last year, and that the police officer “forgot” to report the death of Gunasegaran, we feel that the authorities are trying to cover up something.

The public’s confidence in our enforcement agencies is not only at a new low, but indeed in “CRISIS”.

When Selangor Chief Police officer Khalid Abu Bakar accused Aminul Rasyid who was shoot in Shah Alam as a criminal, he lied;

When the MACC said they did not have Teoh Beng Hock’s mobile phone, but the investigating officer told us later that the mobile phone was seized from MACC officer, they lied;

When the first autopsy report on the death of A.Kugan indicated that “he died as a result of pulmonary edema and did not highlight any of the physical trauma suffered by Kugan.”, and then the second autopsy pointed out “Kugan was tortured, starved before dying”, the pathologist lied.

How can the public continue to trust our enforcement agencies if they tend to abuse their power at the expense of Malaysians’ life and cover up by lies! We are frustrated over these violations of human rights cases. We urge the government to sincerely investigate the death of all suspected tortured victims and clean up the enforcement agencies by enacting a comprehensive human right act in order to reclaim the public’s confidence.

The act must be able to bring to an end the state-sponsored torture and prevent the recurrence of cases such as Gunasegaran, Teoh Beng Hock, A. Kugan, Aminul Rasyid; and others.

We also demand the Independent Police Complaints and Misconduct Commission (IPCMC) be immediately established to oversee our police force as the most glaring cases of merciless shooting and deaths in custody involve police officers.

Late yesterday evening, we were informed that Selvachandran Krishnan, a key witness at the Gunasegaran Inquest has been beaten up and arrested by the police in front of his wife. The police told her that he would be detained for 60 days. We condemn the arbitrary and violent arrest of Selvachandran .

We demand an explanation from the new IGP Tan Sri Ismail Omar on the reasons for the arrest. Selvachandran must be released immediately and the police must issue an open apology to the family.


Endorsed organizations :

1. Malaysians for Beng Hock

2. Saya Anak Bangsa Malaysia [SABM]

3. Suara Rakyat Malaysia (SUARAM)

4. Civil Rights Committee of KLSCAH (CRC-KLSCAH)

5. Youth Section of KLSCAH (YS-KLSCAH)

6. Malaysia Youth & Students Democratic Movement (DEMA)

7. Persatuan Kesedaran Komuniti Selangor (Empower)

8. Civil Society Committee of LLG Cultural Development Centre

Who’s the spoiler, really?

In my ‘Batu Sapi : SAPP or Pakatan Rakyat?’ post, I had suggested that both Pakatan and SAPP should come to the negotiation table, measure their respective proposed candidates for the Batu Sapi by-election by an MP-Aptitude test and an Integrity test and see who comes out tops.
This, so that the best candidate could be picked to take on the BN candidate in a straight fight.
A PKR delegation met up with SAPP on 21st October to see if they could come to some agreement such that a three-corner contest might be averted. Malaysiakini has a report of that meeting HERE.
They failed to acheve any such agreement.
PKR treasurer, William Leong, who was at those negotiations is quoted by Malaysiakini as saying that while “we did not agree on a one-to-one contest to avoid a three-corner fight, it is not over, the fact that we are talking suggests the subject is not over, and we will continue to talk”.
It does not appear as if there was any exercise, at that meeting, to arrive at an objective assessment of both parties chosen candidates to ascertain who was the better.
Anwar, as reported in Malaysiakini last Sunday, suggests that the negotiations failed because SAPP would not commit to the Pakatan agenda, hinting that SAPP wanted to leave the way open for it to align with BN at any future date, if expedient.
Anwar put it this way :
“If you say you can’t commit to be part of Pakatan Rakyat, can you say that you will not be part of BN?”.
Seems Anwar has a short memory.
Did not Zul Noordin commit to Pakatan Rakyat?
Zahrain?
Where is their commitment to Pakatan now?
I wonder now, with ‘below the belt’ remarks like this from Anwar, whether William Leong should realistically expect that SAPP will ‘continue to talk’?
Someone should tell Anwar that these sort of comments after private negotiations do not go down well with all and sundry.
For some, it’s not the done thing.
And so, we will now see a three-way contest in Batu Sapi.
PKR president Kak Wan described SAPP as a spoiler for not giving way to PKR, reports Malaysiakini today.
What’s a spoiler?
In the context of the Batu Sapi 3-corner fight and the aspirations of so many to see BN lose the same, I would suggest that ‘spoiler’ refers to the weaker non-BN candidate who might take away enough votes from the other non-BN candidate, thus giving the seat to the BN candidate.
I spoke to someone with his ears on the ground in Sabah a little while ago.
“With the 3-corner fight, what are the chances of BN and the opposition respectively?” , I asked.
“50-50″, he replied.
“If it was a straight fight between Yong and Linda?”, I asked.
“Yong”, he replied.
“Why?’, I shot back.
“Linda’s nomination has not gone down well with the PBS grassroots. Thien is still pissed off at being dropped at the eleventh hour. The Muslim bumiputra members, on the other hand, wanted Almudin Kaida, the Tempasuk division chief as the candidate. Expect to see internal sabotage.
Yong is not called taiko for nothing. He’s a seasoned politician and very strong with the Chinese. He’ll know how to reach out to them. If he had any doubts about SAPP’s chances, he would not be contesting” , came the reply.
“What if it was a straight fight between Yong and Ansari?” , I asked, laughing.
“Bruder, the statistics speak for themselves. Ansari has never won an election. Yong has never lost one. In fact, except for the 2008 elections, I think in most other elections, Ansari lost his deposit”, he replied.
“Would not Anwar coming down to campaign for him help Ansari’s chances?”, I asked.
“A lot of PKR members in Sabah have read Jeffrey’s declining the nomination for the post of V-P as a protest for the way PKR HQ had treated PKR Sabah, especially the disciplinary action against the 12. They see Ansari’s candidacy as serving the interest of Anwar and Azmin and not the people of Batu Sapi. There’s talk of sabotaging Ansari” , he replied.
So who is the spoiler, then?
Ansari, or Yong?

When Malay Leaders Fail….

By Hussein abdul Hamid

These Malays who are the leaders in UMNO….they were once decent people. There were once Malays who had the well-being and welfare of other Malays in their hearts. They wanted the Malays to succeed in education, in business and they wanted the Malays to be able to stand with pride amongst the other races in Malaysia. They started their life in politics with these thoughts.

It changed when Mahathir took his place as Prime Minister. This was no ordinary man. He had intellect. He had intelligence. He worked hard and he knew exactly what he wanted and how to go about getting it. He was a man who had the power to do much. If only he had used his power for good rather then for evil.

As he was talking about racial harmony he understood the need of the racial divide to keep the people off balance and he used the racial divide to weave his politics of divide and rule. As he consolidated his hold on his cabinet he understood the need to have Minister who were corrupt, weak of the flesh and susceptible to the lure of money and every other imaginable persuasion so that he could use these weaknesses to exert control over them. Truly Mahathir is a disciple of Machiavelli – adept in using cunning and deceitful tactics in politics!

What happened with Pak Lah totally defined Mahathir. Nothing matters except what Mahathir wants. Not what UMNO, Barisan Nasional, the people or what the country wants. He will have his way no matter what. God did not give him the grace to understand that others are different in thoughts and deeds to him. In the end that will be the epitaph of this man.

And now to where we are at now. Does Najib ever stop to look at the people in the country that he is Prime Minister of as individuals? Does this Din who is so fond of issuing threats and ultimatums from his Ministry of Home Affairs ever stop to think that these people that he issues those threats and ultimatums are made up of individuals – Malay, Chinese, Indians, Sikhs, Ibans, young and old, men and women…that each and every one of these individuals are able to think for themselves and decide what they want to do with their life and their votes? Or are all these leaders on an ego trip?

“Ego: The fallacy whereby a goose thinks he’s a swan”

For me the spectacle of Najib trying to impose some semblance of dignity and authority to the position of Prime Minister of our country is sad because:

“The obvious is that which is never seen until someone expresses it simply” Kahlil Gibran.

Najib you cannot build a house on sand. It is futile for you to expect the people of this country to allow you to govern them until you have earned that right.

For one you were not chosen to be Prime Minister of this country by the people – Pak Lah did! So you came into office with blood on your hands–Pak Lah’s blood. It was a well-organized assassination. UMNO at its best. Not only were Mahathir and you able to turn UMNO against their own President but also you even managed to get the people of Malaysia to come along for the ride.

At that point of time Najib presented a clear break from the excesses of Pak Lah and the ‘excesses’ we most disliked was the power (real or imagined) then being wielded by Khairy Jamaluddin. We would even have accepted Mahathir back as Prime Minister if it meant we could rid ourself of that young upstart call KJ!

So that alone meant that Najib came in as Prime Minister on a high. But wither goes Najib after that? The growing unpopularity of a once much loved and popular Prime Minister affectionately called Pak Lah had propelled Najib, albeit with much help from Mahathir, into a post he badly needed to ensure his political survival even as another potentially deadly threat looms -ALTANTUYA!

In my humble opinion where Najib erred was in his handling of the Altantuya situation. His early appointment as Prime Minister was not, as he thought, the solution to this problem. It merely gave him time to regroup. He should have used his entry into office to sit down quietly and figure out what he could do to diffuse the Altantuya problem – not use the Prime Minister’s office as a refuge from it.

Yes there were questions about his past judgement in his days as MB of Pahang and in Federal Politics that could embarrass him on a personal and political level but who in UMNO did not have skeletons in the closet? There were worries about the propensity of Rosmah to act more ‘Presidential’ then Najib but even this, with common sense, could be managed.

In other things political Najib had vision but lack substance. He was unable to maintain the mood of the people. When Pak Lah took over from Mahathir there was much hope for change for the better and this was reflected in the results of the emphatic 2004 election victory that the people gave to Pak Lah.

But this mood changed quickly when promises are not followed by action especially in today’s over wired news availability through the Net. As impressive as Pak Lahs “Work with me not for me” utterances were…cakap bukan serupa bikin…and his inability to rein in KJ costs him the Prime Minister’s job.

But Najib was unable to build on this. What he has done quite well without help from any quarters is to dig a hole too deep for him to climb out of – and there is nobody around willing to give him a helping hand to escape oblivion. Ahhhh the arrogance of power overcomes all of us…not just the strong and powerful, not just the little Napoleons…but also even those Mata Mata in uniforms on their money seeking beats around the streets of our towns and cities! They fail to understand that Malaysia belongs to many who are already dead, the few that are now living and the countless numbers that are still unborn!

For over fifty years you leaders in UMNO have been beating this country of ours to near death. It would do you all good if you stop to understand that we are all individuals amongst the faceless masses that you see. Go listen to what they have to say. Go understand what they aspire to. Or, better yet, understand that like you, they simply want the right to earn a decent living, a roof over their heads and the freedom to live their live to the best of their ability in peace.

Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. All things are bound together. All things connect. ~Chief Seattle, 1855

If you understand this, then maybe you will understand the need to have compassion, decency and aspire to do well to others in your time as Prime Minister…in your time in life. ….but maybe…just maybe…it might be too much to ask of you and of those in Barisan Nasional.

Malaysia down slightly in graft index

The Malaysian Insider

Kuala Lumpur – Malaysia has dipped slightly lower in Transparency International’s (TI) Corruption Perception Index (CPI) this year after the country experienced its worse ranking ever last year.

The anti-graft watchdog TI announced today that the country’s corruption index score declined from 4.5 to 4.4 out of 10, with 10 being the least corrupt. Malaysia’s ranking still remains the same as last year, at 56 out of 178countries.

The annual TI CPI measures how corrupt a country is in the public sector based on data sourced from 13 different polls and surveys from 10 independent institutions over a period of two years. The three least corrupt countries in the world are, in order, Denmark, New Zealand and Singapore.

Malaysia’s previous worst scores below 5 were 4.8 in 2000, 4.9 in 2002 and 4.5 last year.

The country’s ranking puts it on par with Namibia and Turkey.

TI believes that the Najib Administration still lacks the political will to stem out corruption and stressed that steps must be taken to tackle problems with implementation.

“Given Malaysia’s aspiration to be a high income and developed country by the year 2020, the commitment to fight corruption must be clear and firm. CPI results have consistently showed direct correlation between the level of corruption and economic development of a nation,” said Datuk Paul Low, the country president of the local branch of TI.

Low stressed that stressed that the country will not become a high income nation if corruption is still rampant.

“A high income economy can only be achieved where there are efficient delivery systems, where the organs of the government and institutions govern and manage the country and its resources professionally, responsibly and with integrity, transparency and good governance, in the interest of the nation and its citizen,” he said.

Despite government efforts to fight corruption, Malaysian Anti-Corruption Commission (MACC) inability to prosecute “big fish,” lack of progress in the Port Klang Free Zone (PKFZ) fiasco, no action by the Attorney-General in the “Lingam tapes” case and contracts without open tender have continued to haunt public perception.

However, Low argued that the country statistically has not declined but has remained the same.

“Statistically we have more or less remained the same. Measures have been taken by the Malaysian government such as efforts in the NKRA which began in April. So to be fair up to now, we cannot really see the result because perception takes a while to change.

“This is because perception is based on past experience so unless or until what the government do affect the life of the individual and the society then only a radical change in perception will happen. So it is understandable why we remain at same spot since last year. However with stronger political will from the government, we hope that perception will become better and score will improve,” he said.

He added that the main issue facing the government is not petty corruption but grand corruption.

“The issue of petty corruption like day to day bribing is really being handled by the government now. But for Malaysia, the issues is the grand corruption like mega projects, procurements, source of political financing, lack of accountability and giving more independence and oversight to the Election Commission. These are the big issue that needs to be tackled before we can see big improvements,” he said.

Low believes that with the current government initiatives, the country will only begin to move up the ranking in two years.

“I believe that by the method used, a moving average of two years. So at least two years for things to change,” he said.

Low noted that the country’s index should not viewed on its own but, more importantly, in relation to other countries worldwide and especially those within the Asean region.

At first place is Singapore with far and away the best score, topping 9.3. While Brunei retained it second place among Asean countries at 5.5.

Low recommended the government to make MACC autonomous in enforcing the law and have the body to report direct to parliament.

He also said the Official Secrets Act (OSA), Sedition Act and Printing Presses and Publications Act should be repealed to ensure freedom of speech and information.

“We need to reform political financing and regulation of political parties and elections, and public disclosure of politician’s assets.

“There must also be effective and vigorous enforcement of existing laws and policies, including money laundering and transfers by suspects in high profile corruption cases,” he said.

Indian PM Arrives For Three-Day Visit To Malaysia

SEPANG, Oct 26 (Bernama) -- Indian Prime Minister Dr Manmohan Singh arrived at the Bunga Raya Complex, KL International Airport (KLIA) here at 7.05 pm Tuesday to begin a three-day official visit to Malaysia.

Dr Manmohan, who was accompanied by his wife Gursharan Kaur, was greeted on arrival by Human Resources Minister Datuk Dr S. Subramaniam and Deputy Foreign Affairs Minister A. Kohilan Pillay and Deputy Minister in the Prime Minister's Department Datuk S.K. Devamany.

The visit was to reciprocate the visit by Prime Minister Datuk Seri Najib Tun Razak to India in January besides expanding bilateral relations between the two countries.

On Wednesday, Dr Manmohan would be given a state welcome at the Dataran Perdana, Putrajaya, which would be followed by a delegation meeting where both prime ministers were expected to discuss bilateral, regional and international issues.

Najib and Dr Manmohan were also scheduled to witness the signing of several government agreements and memoranda of understanding.

Subsequently, Najib and Dr Manmohan were scheduled to launch the first Malaysia-India Forum of Chief Executive Officers (CEOs) at the Putrajaya International Convention Centre (PICC).

Dr Manmohan and his wife were also granted an audience with the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin and Raja Permaisuri Agong Tuanku Nur Zahirah at Istana Negara, Kuala Lumpur.

Najib and Dr Manmohan were later scheduled to launch the 'Little India' in Brickfields, which would be the climax of the visit.

Najib and his wife, Datin Seri Rosmah Mansor would host a dinner for the government guests at Seri Perdana, Putrajaya.

Dr Manmohan and his delegation were scheduled to depart for Hanoi, Vietnam on Thursday afternoon.