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Sunday, December 12, 2010

Ethnic dominance in the Malaysian civil service

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By Dr Lim Teck Ghee and Tan Sri Ramon Navaratnam

This was written as a commentary in response to an article by Datuk Shagul Hamid Abdullah, Director-General of Biro Tatanegara that recently appeared in a national daily.

Since the paper has declined to publish it, we are making the commentary available to other media outlets in the hope that it will be widely read and the subject of the racial composition of the Malaysian civil service is given the serious analysis and policy attention that it deserves.We consider this issue of paramount importance to our future as a united country.

The article ‘Emphasis on raising standards’ by Shagul in The Star (Jan 30, 2010) seems to be aimed at ensuring that the situation of Malay dominance in the civil service should remain unchanged and unchallenged.

The Director-General’s analysis fails to point out some very important reasons why a representative and multi-racial civil service should remain a key national priority, especially in the context of building 1Malaysia.

One crucial reason is that the second prong of the New Economic Policy (from 1970) – the reduction in the identification of economic function with ethnicity – was intended to apply to both the private and public sectors.This second prong has been deemed to be so vital to the cause of national unity that the restructuring of the private sector continues until today (nearly 20 years after the NEP was supposed to have ended in 1990).

What has happened to the restructuring of the civil service that was part of the original NEP?

Although great strides have taken place towards a more multiracial private sector, the reverse has happened in the civil service.

According to available statistics for the year 2005, the proportion of Malays in the civil service had grown from 60% to 77% from 1970 to 2005 whilst the Perkhidmatan Tadbir dan Diplomatik (PTD) had 85% Malays in its staffing, or six Malays for one every non-Malay.

The situation of Malay dominance of the civil service, especially for the higher level service groups, is likely to have been enhanced since.

It is not simply the issue of Chinese under-representation mentioned by the DG that is of concern. Representation of other communities and the East Malaysia native communities in the civil service at all levels is of as much concern.

Data absent

Official statistics such as racial and regional breakdown of civil service staffing by ministries, agencies and departments and categorized according to top management group, management and professional group and support group and other key variables can provide us a better understanding of the representational issue. From it we can draw related racial, regional and other ramifications and implications.

Though easy to collate, analyze and make publicly available, these data are conspicuously unavailable.

Many government leaders have acknowledged that we need more transparency in government to raise public confidence. Should these data and the relevant analysis be made publicly available, we are confident that they will agree with the concerns of many Malaysians that current Malay over-dominance of the civil service is unhealthy and undesirable and that it adversely affects national unity, social cohesion and economic competitiveness.

Another important reason why the civil service in Malaysia needs to be made fully representative of the country’s racial make-up is that in all modern governments, civil servants are fully engaged in formulating and implementing public policies on behalf of, and in the interests of, all the communities.

Democratic norms call for a representative, impartial and neutral bureaucracy, not only to ensure that public policies are responsive to the legitimate needs of all citizens in a fair and equitable fashion but also to ensure that there is an absence of racial bias in the individual or collective manner that the civil servants formulate policies and conduct their work.

In February 2006, a study titled “Towards a representative and world class civil service”was presented to the Government as part of the Centre for Public Policy Studies (CPPS) proposals for the Ninth Malaysia Plan.

The study contained a full set of arguments as to why the civil service needs to pursue an appropriate and racially diverse representation policy in its staffing.

It also provided practical suggestions on how this policy could be implemented in the form of a quota system in recruitment and career advancement. The quota system would be similar to the quota systems long used by the government in sectors such as education and commerce to bring about Malay advancement.

The civil service quota system – in this case specifically used as a temporary affirmative action tool to increase non-Malay numbers and reduce marginalization – could be formulated in such a way as to meet with the constitutional provisions providing for the special position of the Malays and bumiputera groups of Sabah and Sarawak.

This 60-40 recruitment system would be relatively easy and painless to implement.It would ensure Malay dominance but not over-dominance by helping bring a gradual increase in the number and proportion of non-Malay civil servants in the country.

Since that CPPS study aforementioned, the growing number of racial profiling allegations aimed at the police and various other ministries and agencies is a clear danger sign that changes in recruitment of new staffing and racial composition at the higher levels are urgently needed if these allegations are not to spiral out of control.

Sidelining non-Malays

The Director-General has emphasized that “there has never been any deliberate and conscious effort to discourage the non-Malays from entering and staying in public service”.

The veracity of this statement can be questioned.

If a full and open inquiry is held on the issue of whether or not bias exists in terms of recruitment and promotion in the civil service (and this includes staffing in the public universities and many strategic ministries and agencies), we are sure that many conflicting views – including those based on personal experience – are likely to dominate the proceedings.

Even if we accept as largely true the statement that there are no “deliberate and conscious” attempts to discourage non-Malay participation in the civil service, it does not absolve the government from its responsibility of ensuring a fully representative civil service – a national objective which it has long pledged to pursue but has cynically ignored instead.

In fact, if only a miniscule fraction of the public resources that has gone into the restructuring of the private sector had been allocated towards the restructuring of the civil service, we would have long ago achieved that goal and arrived at a higher stage of national unity, resilience and competitiveness.

Instead what we have had is a lot of rhetoric, foot dragging, attempts to ‘blame the other side’, and now another garbled attempt at explaining why the status quo in terms of the civil service composition has to remain the same.

That is why the contrasting statement by the Second Minister of Finance, Ahmad Husni Mohd Hanadzlah, that the civil service should be more multiracial is most welcome.

In order to fulfill this noble aspiration, we hope that Husni and his colleagues in the Barisan Nasional will support the introduction of a quota system reflective of the country’s racial composition and for the system to be introduced as soon as possible for all civil service recruitment and promotion.

It is important for the Government to change its mindset on the issue and not to view the issue of a representative civil service in zero-sum game terms.It is not simply the interests of the non-Malay communities presently under-represented that would be enhanced with more equitable representation. Malay interests would also benefit in many ways.

Implementation of reforms providing for the recruitment and career advancement of non-Malays in the civil service will help ensure that national unity and the goal of 1Malaysia will be more quickly realized.

Dr Lim Teck Ghee is Director, Center for Policy Initiatives and Tan Sri Ramon Navaratnam is former President, Transparency International Malaysia.

Dr M says debating racial issues will cost BN votes

KUALA LUMPUR, Dec 11 — Tun Dr Mahathir Mohamed issued a warning today to Barisan
Tun Dr Mahathir stresses that BN represents all races. - file picture
Nasional (BN) component parties against bringing up racial issues, saying that such a move will cost the ruling coalition to lose votes at the ballot box.

The former prime minister gave a stern reminder to BN component parties like MCA, MIC and Gerakan, stressing that BN was a party for all races, and its coalition members needed to stop playing up to each other’s race gallery.

“The problem with some component parties of BN is that in their desire to be popular, they like to bring up racial issues. And that will be negative because you only promote your particular race and others will get annoyed.

“When this happens, they will not support you,” the 85-year old politician bluntly said.

“They (BN component parties) need to know this...BN represents all races, not just one race,” Dr Mahathir told reporters today.

Dr Mahathir’s response today comes shortly after BN concluded its annual convention last weekend, where MCA president Datuk Seri Dr Chua Soi Lek had shocked his BN colleagues with calling for a ban on the term “ketuanan Melayu.”

In his speech at the BN convention, Dr Chua had made direct references to Umno as he reminded the ruling party that the MCA, and all other component parties, deserved to receive equal recognition as coalition partners.

Dr Chua had told his Umno allies that there should not be a “big brother, small brother” system in the ruling pact.

The veteran politician even took a direct swipe at Umno by pointing out that the MCA was not in agreement with how important government policy decisions were made during Umno supreme council meetings instead in the Cabinet.

The MCA president’s remarks were not well received by many Umno leaders, with Umno vice-president Datuk Seri Hishammuddin Hussein saying this week that Dr Chua had upset a number of leaders last weekend with his remarks.

Hishammuddin had said that many had expressed their dissatisfaction that the straight-talking MCA president had used the Barisan Nasional convention over the weekend as a platform to air his grouses against Umno.

Dr Mahathir has also attacked Dr Chua for his firebrand remarks earlier this week, calling it “illogical and baseless.”

“I don’t have to make any reference to which party I am referring to, you know it better than me,” said Dr Mahathir today when asked whether his remarks today were directed towards the MCA.

The former PM also remained unconvinced that Prime Minister Datuk Seri Najib Razak would call for snap elections by the first quarter of next year.

“I can’t read the PM’s mind, but in my opinion I think we should give ourselves time. We see that people are still not yet settled. I think that the PM would want to make sure that the BN will win with a good majority,” said Dr Mahathir.

Speculation is rife that Najib would call for snap polls by March next year.

He however noted that it was “good” that leaders within BN who had outlived their “usefulness” left the party, in a reference to former MIC president Datuk Seri S. Samy Vellu.

“I think that we all have our useful lives, but there comes a time where we are no longer useful.

“Like me when I am no longer useful I step down,” said Dr Mahathir.

Samy, the longest-serving MIC president, stepped down on Monday, handing over his post to Datuk G. Palanivel.

US warned M'sia of suspected gun-running Iranian bank

By Patrick Lee - Free Malaysia Today

PETALING JAYA: US attempts to shut down an Iranian bank in Malaysia suspected of gun-running were shoved aside, according to Internet whistleblower Wikileaks.

The US government had warned Bank Negara Malaysia that a foreign subsidiary of Bank Mellat known as First East Export Bank (FEEB) was involved in weapons proliferation.

While the secret document did not expressly mention if the bank's activities involved funding for either a chemical or nuclear arsenal, the US was convinced that FEEB's actions were suspect.

“Our information indicates Iran is now using Mellat for the same purpose (proliferation). FEEB could be next, potentially causing significant embarrassment to Malaysia,” US Ambassador James Keith said in a message to the US government.

(Proliferation is commonly referred to both nuclear and chemical weaponry.)

FEEB was established on Dec 18, 2008, and later received an offshore banking licence from the Labuan Offshore Financial Services Authority (LOFSA, now Labuan FSA) on Feb 16, 2009.

(According to its website, LOFSA was set up in 1996 to develop the Federal Territory of Labuan into an international business and financial centre.)

Concerned with Bank Mellat's presence in Malaysia, a meeting was arranged by US diplomats on Sept 10, 2009 with Malaysian representatives from the banking and financial sector.

They included US economic counsellor Matthew J Matthews, Singapore Embassy Treasury Attache Seth Bleiweis, former Bank Negara deputy governor Zamani Abdul Ghani, Bank Negara's legal director Jeremy Lee, LOFSA deputy governor Danial Mah Abdullah and a few others.

An important but unknown individual known as “xxxxxxxxxxxx” was also mentioned in the message.

No strong evidence

During the negotiations, it was revealed that the American representatives attempted to convince the Malaysians into cutting off its links with FEEB.

Bank Negara was warned that if it did not revoke FEEB's licence, the US government would impose sanctions on the latter. Matthews then said that if Malaysia continued to support FEEB, it would seriously affect its reputation.

However, Lee argued that if Bank Negara were to do so, the Malaysian government could face a barrage of lawsuits from FEEB's shareholders.

Lee also said that the US failed to produce any strong evidence that might have convicted FEEB or Bank Mellat in a court of law.

Bank Negara then accused the US government of singling out Malaysia, and pointed out that Bank Mellat branches in other countries such as South Korea, England and Turkey did not suffer Malaysia's fate.

The Malaysian team also defended FEEB's position, and said that it had only performed one oil and gas transaction (amounting to 400,000 euros) in its first six months of operation.

In an attempt to convince the Americans that Bank Mellat was not in the grey, the Danial also revealed that four conditions were laid out for FEEB's operations:

* It was not to do business with any UN-sanctioned entity;
* It had to follow all anti-money laundering and anti-terror financing laws in Malaysia; and
* It had to comply with all of LOFSA's regulations and directives.

Its shareholders were not supposed to be sanctioned by the UN.

According to Abdullah, any breach of these conditions would result in the termination of the bank's licence. He also said that previous Iranian banks, such as Saderat and Melli, were not allowed to do business with LOFSA.

Bank Negara also appeared confident that it was able to to supervise Bank Mellat's actions.

Sanctions against FEEB

However, these points did not allay the fears of the US government, which promptly warned the Malaysian government that it would keep its eye on FEEB, and warn other banks to stay away from it.

“(Matthews) told 'xxxxxxxxxxxx' that the US was offering Bank Negera pre-notification and the release of our intelligence as a good faith gesture,” the US Ambassador said in the cable.

He also said that doing so would help Malaysia in the event of a “proliferation finance incident”. However, these calls were not heeded by Bank Negara and its associates.

Later in November, the US Treasury Department announced sanctions against FEEB, as well as Bank Mellat's chairman Ali Divandari.

These sanctions included freezing the assets of "designated proliferators of weapons of mass destruction (WMD)" and their supporters as well as disallowing US citizens from trading with them.

A look at FEEB's website showed that it had little to no information on both its CEO and its board of directors. There was also little news on the bank's day-to-day operations.

According to the website's sole press release, FEEB accused the US government of seeking political gain over its strained political relationship with Iran.

“The recent allegations made by the US against Bank Mellat has absolutely no justification and legal ground, and is simply based on illegal and baseless accusations,” the release said.

“It is certainly contrary to international law, thus should have no value and effect.”

Reacting to the sanctions, a LOFSA official said that the ban would only affect FEEB's transactions with the US, and not its operations in Labuan.

Patronage the practice in arms spending

By Patrick Lee - Free Malaysia Today,

KUALA LUMPUR: A culture of patronage is being practised between the Defence Ministry, the armed forces and associated contractors, Suaram (Suara Rakyat Malaysia) director Kua Kia Soong said.
As a result, not many people are aware of the way money is being spent on the military, he added.
Kua was speaking at the launch of his book, “Questioning arms spending in Malaysia” at the Kuala Lumpur Selangor Chinese Assembly Hall here today.
The book focuses on Malaysia's many military scandals. Fewer than 30 people attended the launch.
Kua said that he had been monitoring Malaysia's arms spending since the 1970s, and the book was a product of this research.
Terming it as the “first full exposé of the Malaysian military”, he said the book looked into Malaysia's progression into a military-industrial complex, a fact that not many people were aware of.
Kua also said that the book covered political leaders that claimed to be anti-Western on the outside, but were bedfellows when it came to arms dealing.
“Our local military complex is a lackey of the arms dealers in the West,” he said, citing the “Arms for Aid” scandal that occurred during the 1990s.
Kua added that when Dr Mahathir Mohamad was the prime minister, defence spending skyrocketed, with some RM7.74 billion allocated for defence under the Fourth Malaysia Plan, or a RM6 billion increase from the Third Malaysia Plan.
According to Kua, the 10th Malaysia Plan saw RM23 billion allocated (or 10% of the plan) for defence.
The event also hosted a forum entitled “Towards Alternative Defence Policy in Culture of Peace”. Also present were Subang MP R Sivarasa, anti-nuclear war activist Ronald McCoy and a “Food not Bombs” activist known only as Yuuhan.
Despite the title, the forum hardly touched on an alternative Malaysian defence policy. Instead, the speakers said that Malaysia should focus on nation-building as opposed to hefty defence budgets.
Umno under attack
The ruling government, especially Umno leaders, also came under attack. McCoy said that Umno tended to pass laws that fulfilled its own agenda.
“I cannot see how we can change this (defence policy) without changing the government. There is no reform for the government,” he said.
Kua also questioned why the military had been dominated by one ethnic group when Malaysian soldiers came from different racial backgrounds.
“How many Umno leaders have died fighting against the Japanese or for the British (in the Emergency)?” he asked.
Even so, the forum appeared to focus especially on the Scorpene submarine scandal and on deceased Mongolian interpreter Altantuya Sharibuu.
“Two Special Forces officers have been charged with Altantuya's death, but now nobody is the wiser. What about the motives (behind the murder)? These are questions that have to be answered,” Kua said.
On submarines, he said, “We need at least 10 submarines to cover all of Malaysia's waters in the east and west.”
He said that since the two Scorpenes cost about RM7 billion, he asked what kind of funds would be needed for 10 submarines.
McCoy also said that Malaysia did not face external threats as other countries did.
"We really don't have any external enemies or threats, but we have a lot of internal problems, and I think this is what we should be focusing on," he said, adding that China was not a threat to global security.
'Paper tigers'
The forum also looked into Asean's role in tackling arms spending. However, Kua was sceptical on the will of Asean's political leaders.
He said that many of them were in fact “paper tigers”, and would not change their stance on arms spending, even if they were against it on the outset.
He also said that when it came to military might, Malaysia didn't stand a chance against its immediate neighbours. “Among the four countries (Thailand, Indonesia, Singapore and Malaysia), we don't stand a chance when it comes to defence,” Kua said.
"Many countries toned down their arms spending after the end of the Cold War. But in Asean, arms spending has gone up by 10% since the Cold War," he said, adding that it was strange for Asean to involve itself in a “mad” arms race.
Sivarasa admitted that Pakatan Rakyat had yet to come up with an alternative defence policy. However, he said that the coalition had introduced a Common Policy Framework that he claimed had addressed core values in the country's defence.
He also said that Malaysia's military needed to adopt a defensive strategy as opposed to its currently offensive approach.
Nevertheless, he said that Parliament should oversee military spending.

A 'friendly' fight for Penang DAP polls

By Teoh El Sen - Free Malaysia Today

PETALING JAYA: The Penang DAP election tomorrow, the last state polls before the party's national convention next year, is likely to be an "amicable" affair without the intense infighting seen in the recent polls in Perak and Selangor.

DAP leaders told FMT that the kind of hostility between factions seen in the Perak and Selangor polls would be almost non-existent in Penang, though there are 800 delegates voting an unprecedented number of 88 candidates vying for the 15 state committee positions.

"I think there are no clear lines drawn in this election; this would be more of a free-for-all," said a prominent state leader who declined to be named.

P Ramasamy, the party's national deputy secretary-general who is contesting as a candidate, agreed, saying that there are no hostile camps in Penang compared to Selangor and Perak.

"The candidates are fighting in a very amicable manner. It is normal for candidates to jostle for the 15 positions and this time we have a lot of candidates, but it is all very peaceful. There are certain groups, but the divide is not clear at all," said Ramasamy, who Penang Deputy Chief Minister II, and also Batu Kawan MP and Perai state assemblyman.

He said that he decided to contest after his name was nominated by a branch, adding that as a leader, he needed to be accountable and responsible to the party members.

"If you hold an important state post, you need to be responsible to the party. I'm offering myself so that I can better understand the members and help the party grow. A party position for me is important to keep in touch with the grassroots," he said.

Ramasamy, a former lecturer, also said that he supported incumbent state chairman Chow Kon Yeow (Tanjung MP) to retain his seat.

He said that he was unsure of his chances but hoped to be part of the committee, adding that he felt members would not mind his Perak roots as DAP does not practise "parochial politics".

On DAP secretary-general Lim Guan Eng's decision to stay out of the fight, Ramasamy said Guan Eng was neutral and also there was already too much on his plate at the moment.

"It's also not nice for a leader of his stature to take on a chairman's role," he said.

'No factions'

DAP deputy secretary-general Chong Eng, a party veteran who was voted out of the committee in the last election, said that there are no factions and attributed this to the good leadership of Chow.

"We are a team under Chow and if there are groups, which I don't think there are many, I don't know because I spend my time doing the things that are important," said Chong, the Bukit Mertajam MP, who claimed she was sabotaged by a few members with "self-interest at heart" in the last election.

She added that she did not think there would be any fixed "cai dan" (menu) for the delegates to pick their candidates.

However, Chong said that all leaders in the state should participate in the election so that the delegates themselves can choose the best line-up.

"Leaders who are interested in making decisions for the state DAP must contest to get into the committee. Now part of the problem is that leaders not in the committee want to decide how the state should be run," she said.

"You need a very strong team and I feel that all leaders should be in the contest and let the delegates decide in the spirit of true democracy," she said, adding that she also supported incumbent Chow.

"Chow and I have been through thick and thin. He is a leader who even offered to step down at one stage but was asked by members to stay on as he was thought to be the best person to lead the state DAP," she said.

On her chances of winning, Chong, who joined the party in 1991 and was elected to the central executive commitee in 1995, said: "If the delegates choose leaders based on their leadership skills and track record, I believe I am one of them."

On accusation that former state DAP grassroots leader Teh Hock Yong, or “Sakura Teh”, from

Nibong Tebal, was the mastermind behind a plot to overthrow the current leadership, Chong said that he had supporters but added that Tey was no longer a member after he became bankrupt.

'No such rules'

Bukit Bendera MP and party strategist, Liew Chin Tong, who pulled out of the contest, said he did so as his main focus was at the federal level.

He denied that his withdrawal became an issue among members who feel that leaders should take up state committee positions.

"There should not be any problems here... it's only when you're in the fight that you become a subject of debate. Also, there are no such rules that say that an elected state representative needs to hold a party post."

"We have some 20 elected representatives and if every state representative were to contest, it would be difficult as there are only 15 seats in the committee," said Liew.

Another party leader, who wished to remain anonymous, said that the only interesting thing about the Penang DAP was the number of delegates and candidates.

"So this should be not a heated fight,” said the leader, who is currently in the state committee.

Besides Chow, the current deputy is veteran Lim Hock Seng. The two vice-chiefs are party chairman Karpal Singh's son Jagdeep Singh Deo and Lim Hui Ying, the sister of Guan Eng.

The current state party secretary is Pulau Tikus assemblyman Koay Teng Hai while the treasurer is local councillor Tan Hung Wooi.

The high number of contestants has generated speculation on why national leaders such as Liew and Guan Eng's chief of staff Jeff Ooi have pulled out.

Surat Terbuka Kedua Kepada Tan Sri Ismail Omar

Kepada,

YDH Tan Sri Haji Ismail bin Haji Omar IGP,
Ketua Polis Negara,
Polis Di-Raja Malaysia,
Bukit Aman,
50560 Kuala Lumpur.

10hb.Disember 2010

YDH Tan Sri,

JAWAPAN KDN MENGENAI INSIDEN MATA-LEBAM.

Assalamualaikum wbt.,Semoga YDH Tan Sri dalam sihat walfiat.

2. Izinkan saya dengan segala hurmatnya merujuk kepada jawapan YB Menteri Dalam Negeri bertarikh 2.12.2010 kepada persoalan yang ditimbulkan di-Parlimen oleh YB Lim Kit Siang berkaitan isu diatas.

3. Saya menarik perhatian Tan Sri kepada petikan jawapan tersebut; “Pihak PDRM telah membuat semakan keatas penyiasatan yang melibatkan Dato Seri Anwar Ibrahim dalam kes serangan mata-lebam pada 1998.Tiada apa apa keterangan yang boleh menunjukkan berlakunya keterangan palsu dalam penyiasatan tersebut”.Saya memohon maaf kerana terpaksa menyatakan pendapat saya, bahawa pendirian yang PDRM ambil dalam menyediakan jawapan tersebut adalah jauh berbeza,malahan bertentangan dengan pendirian PDRM, ketika menangani siasatan insiden ini pada 1998.Saya wajar menegaskan bahawa pendirian PDRM ketika itu, adalah untuk menjalankan siasatan “without fear or favour;leaving no stone unturned;and to get it over with as soon as possible” dan tidak ada sebarang “cover-up” untuk sesiapa pun.Namun begitu pendirian kali ini nampaknya cenderong kepada melindungi orang-orang tertentu.

4. Saya berharap pendirian sedemikian yang Tan Sri ambil dalam penyediaan jawapan diatas adalah terbatas yang disebabkan oleh kekurangan bahan rujukan yang sepatutnya berada dalam kertas siasatan kes mata-lebam tersebut. Pada ketika penyiasatan kes ini lagi, beberapa dokumen penting dalam kertas siasatan itu, pernah dihilangkan ketika ditangan Peguam Negara dan kami terpaksa menggantikannya dengan salinan pendua.Malah keseluruhan kertas siasatan berkenaan pernah “dihilangkan” sementara, selama lebih kurang 3 minggu diatara 30.10.1998 hingga 20.11.1998 sepertimana yang saya jelaskan dalam perenggan 16 Surat Terbuka saya kepada Tan Sri pada 22.11.2010. Tidak hairan jika berlaku kekurangan kandungan kertas siasatan itu, kerana ianya tersorok lama di-Jabatan Peguam Negara.

5. Sebelum saya pergi kepada isu pokok surat ini,izinkan saya menegaskan bahawa diari penyiasatan saya dalam kes ini adalah dibuat “as and when the events unfolded”, sama-ada yang saya rakamkan secara detail atau sekadar mencatitkan perkara mustahak setakat membolehkan saya menyegarkan ingatan saya kepada peristiwa berkenaan.Seperti apa yang kita pernah diajar di-Maktab KKB dahulu, “you see..you recognize;you read..you will know;if you write…you will remember for ever.”.Saya juga ada merakamkan perkara-perkara penting dalam perharian rasmi (official diary) khususnya bagi memelihara kerahsiaan identity individu dan maklumat penting yang saya terima berkaitan siasatan kes ini. Selain daripada diari penyiasatan tersebut saya telah menyediakan summary of evidence dalam minit-minit bertarikh 15.10.1998, 29.10.1998 dan 27.1.1999 yang saya jadikan sebahagian daripada diari penyiasatan, kesemuanya diedarkan mengikut prosidur edaran kertas siasatan,kepada Peguam Negara.Jika terdapat rakaman diari atau minit saya yang palsu atau tidak benar,sudah lama saya telah dikenakan tindakan Mahkamah.

6. Apabila PDRM baru-baru ini menyatakan, “Tiada apa apa keterangan yang boleh menunjukkan berlakunya keterangan palsu dalam penyiasatan ini”,persoalan yang muncul secara spontan ialah;bagaimana dan dimanakah hendak disorokkan sebanyak tiga(3) laporan perubatan yang telah dipalsukan dalam siasatan tersebut?.Malah dua(2) daripada tiga laporan berkenaan telah dikemukakan dan dipertimbangkan dalam prosiding Suruhanjaya Di Raja menyiasat insiden mata-lebam ini pada tahun 1999,dan laporan Suruhanjaya diistiharkan dokumen public.Laporan-laporan ini pula bukannya sekadar satu atau dua muka surat yang boleh terlepas pandang. Ketiga-tiga laporan ini berjumlah enam puloh lima(65) muka surat kesemuanya.Selain itu ketiga-tiga laporan berkenaan telah saya edarkan kepada;

YAB Perdana Menteri sendiri pada 19.2.2009.
YA Bhg.Pengerusi Lembaga Penasihat SPRM pada 15.4.2009 dan 7.5.2009
Ketua Pengarah Kesihatan Malaysia, Pengarah Hospital Kuala Lumpur dan Presiden Malaysian Medical Association pada 7.5.2009.
Peguam Cara Negara menerusi salinan laporan 15.4.2009 dan 7.5.2009.

6.1. Saya percaya Tan Sri masih ingat,bilamana satu helai surat sahaja,bertarikh 21.9.1953 yang ditanda tangani oleh seorang Pemangku Setia Usaha Kerajaan Negeri, menjadi antara sebab utama,maruah dan kedaulatan Negara tercemar apabila kita terpaksa menyerahkan Pulau Batu Putih (Pedra Branca) kepada Singapura.Bayangkanlah apa yang boleh enam puloh lima (65) muka surat dokumen yang dipalsukan atas arahan Peguam Negara-Peguam Negara, boleh lakukan terhadap Sistem Keadilan Jenayah kita.

7. Saya turut yakin Tan Sri mahir dengan case laws berkaitan pemalsuan.Setiap pemalsuan itu adalah dilakukan secara “deliberate”.Tidak ada pemalsuan yang sebegini banyak dilakukan secara tidak sengaja.Saya ingin menegaskan bahawa ketiga-tiga laporan perubatan yang dipalsukan itu dilakukan dengan perancangan, persediaan dan perlaksanaannya dilakukan secara deliberate bagi memenuhi motif-motif yang jelas.Diary penyiasatan saya dan minit-minit berkaitan boleh membantu mengenalpasti sequent of events pemalsuan-pemalsuan ini.

8. Jika saya yang menjelaskan motif-motif pemalsuan itu dilakukan,mungkin ada pihak yang akan mempertikaikannya atau mungkin ada yang akan mengatakan saya melampau atau bias.Untuk menjauhi tanggapan khilaf sedemikian,apa kata saya jemput Tan Sri menilai sendiri dengan merujuk kepada penemuan Ahli Suruhanjaya Di-Raja Tersebut yang bijaksana, dirakamkan dalam Laporan Volume 1,PART TWO,Item 2 “OVERVIEW” perenggan 2.1.Komen Suruhanjaya ini dibuat berkaitan Press Statement Peguam Negara bertarikh 5.1.1999 yang ditanda tangan sendiri oleh Tan Sri Mohtar Abdullah (Allahyarham TSMA) khususnya muka surat 5 Press Statement tersebut:-

:Quote:( 6 baris terakhir muka surat 5 “Overview”)

“Quite simply,this passage meant that Dato Seri Anwar Ibrahim(DSA)had made untrue allegations about several injuries sustained by him but more to the point that it had been proved,to the satisfaction of the Honourable the Attorney General,that more than one Police Officer was involved in causing other injuries on certain parts of DSA’s body” ( penekanan saya kepada perkataan dalam “bold & italic”).Unquote.

8.1. Perkara dalam 2nd limb,quotation diatas yang menyebabkan pertembungan “head-on” antara Tan Sri Abdul Gani Patail(TSGP) dengan saya.Jika saya sebutkan nama-nama pegawai tinggi Polis dan berapa jumlahnya yang TSGP katakan beliau ada kuasa untuk menuduh dan atas kesalahan apa berkaitan insiden mata-lebam ini,mungkin saya akan dianggap sebagai seorang penghasut atau batu api. Tiada faedah untuk saya memainkan script usang ini.Bagaimanapun untuk makluman Tan Sri ,pada ketika saya dipanggil memberi keterangan oleh pihak SPRM bulan July 2008 itu,saya disoal juga mengenai “sikap tidak sopan” saya ini.Mungkin ianya tidak penting tetapi sekadar untuk Tan Sri membuat verifikasi jika relevan.

9. Dalam prosiding Suruhanjaya DiRaja tersebut yang diadakan diantara 22.2.1999 dan 4.3.1999,dua laporan pakar dalam persoalan ini,yang disediakan oleh Dr.Rahman Yusof masing-masing yang diarahkan oleh TSGP pada 26.10.1998 dan satu lagi yang diarahkan oleh Allahyarham TSMA,yang dipercayai disediakan diantara 14.12.1998 dan 21.12.1998 (Ekshibit A9) telah dikemukakan dan diteliti oleh Suruhanjaya. Perkara ini dirakamkan dalam Volume 1,PART FOUR,Item 4(B) The Medical Evidence,perenggan 4.11 dan 4.12.

9.1. Saya mendapat faham pendedahan dalam prosiding ini telah membuat Allahyarham TSMA merasa cemas.Diberitakan beliau tidak tahu TSGP telah lebih awal melantik Dr.Rahman menyediakan laporan pada 26.10.1998. Allahyarham juga dikatakan tidak diberitahu mengenai latar belakang Dr.Rahman sepertimana yang saya telah jelaskan kepada TSGP.Saya turut percaya sekiranya Allahyarham TSMA diberitahu mengenai kedua perkara ini,tidak mungkin beliau akan melantik Dr.Rahman buat kali kedua oleh kerana sebarang pemalsuan yang dilakukan akan mudah dikesan kerana semua aktibiti siasatan ini dirakamkan secara ketat oleh Pasukan Penyiasat.

9.2. Saya kemudiannya diberitahu ,TSGP telah memainkan peranannya dibelakang tabir untuk cuba “membetulkan” keadaan.Apa yang boleh saya sahkan ialah Dr.Rahman sendiri memohon, malah merayu kepada pembantu-pembantu saya untuk mendapat kerjasama saya memasukkan laporan ketiga pula untuk “neutralize” laporan pertama bertarikh 26.10.1998 dan laporan kedua sepertimana Ekshibit 9,yang saya tolak.

10. Perkara yang sangat penting yang saya harapkan Tan Sri mengambil perhatian ialah;

10.1. Dalam prosiding Suruhanjaya DiRaja tersebut,dua laporan Dr.Rahman yang diarahkan oleh Allahyarham TSMA dan TSGP telah dikemukakan; sepertimana disebut dalam perenggan 9 diatas.

10.2. Apabila laporan Suruhanjaya tersebut lengkap dicetak dan dipersembahkan kepada SPB Yang Di Pertuan Agong,dan kemudiannya diistiharkan sebagai dokumen public,didapati laporan Dr.Rahman yang diarahkan oleh TSGP tidak ada dalam laporan tersebut.Bagaimanapun laporan yang diarahkan oleh Allahyarham TSMA ada sepertimana Ekshibit A9.

10.3. Untuk berlaku adil kepada TSGP,saya tiada maklumat mengatakan yang beliau ada peranan sehingga menyebabkan laporan yang beliau arahkan itu digugurkan daripada laporan Suruhanjaya tersebut.Bagaimanapun saya tidak akan terkejut jika beliau terlibat,oleh kerana orang lain tiada mempunyai kepentingan berkaitan laporan ini.Pun begitu saya tidak bimbang dengan ketiadaan dokumen tersebut dalam laporan Suruhanjaya, oleh kerana salinan-salinanya adalah dalam kawalan dan rakaman mengenai pembikinan laporan ini, dalam diari penyiasatan saya adalah lengkap dan jelas.

10.4. Apa yang patut dibimbangkan ialah;jika laporan penting sepertimana rekod prosiding Suruhanjaya Di-Raja ini,yang akan dipersembahkan kepada SPB Yang Di Pertuan Agong, pun boleh dimanipulasikan,maka bayangkan apa yang boleh dilakukan terhadap rekod siasatan melibatkan rakyat biasa.

11. Saya berharap Tan Sri akan menimbangkan semula pendirian yang PDRM ambil dalam isu ini.Perkara mantan IGP,TSRN mengaku bersalah dan mengambil tanggung-jawab dan melalui hukuman yang dikenakan keatasnya, TIDAK sepatutnya diungkit lagi.Perkara yang patut dititikberatkan ialah mengenai pemalsuan-pemalsuan yang dilakukan dalam penyiasatan mata-lebam ini,dan pemalsuan-pemalsuan serta penipuan-penipuan yang dilakukan susulan dari itu dan/atau yang berkaitan dengannya dan mengenalpasti siapa pemain-pemain utamanya.Keterangan mengenainya baik keterangan direct mahupun circumstancial adalah jelas.Saya percaya Tan Sri turut sedar bahawa tidak ada pihak yang mempunyai kuasa untuk indemnify mana-mana individu daripada criminal liability.

11.1. Tidak salah untuk saya membawa ingatan Tan Sri kepada Januari 1999, dimana kesan daripada pemalsuan dan penipuan yang terkandung dalam Press Statement Peguam Negara bertarikh 5.1.1999 telah membawa PDRM to the brink of collapse. Betapa masyarakat memandang rendah dan hinanya kita ketika itu,sehinggakan timbul cakap-cakap yang orang luar dari kalangan PTD pula akan mengambil alih jawatan Ketua Polis Negara,seolah-olah dalam PDRM tidak ada orang yang layak atau mampu memimpin pasukan.Saya percaya Tan Sri juga ingat situasi ini dan tentunya tahu orang-orang yang terlibat dan bersubahat membawa kita kepada situasi itu.Saya berharap sejarah ini tidak berulang.

12. Apa pun,saya serahkan kepada kebijaksanaan Tan Sri untuk membuat keputusan yang terbaik untuk PDRM dan adil untuk semua pihak.Bagaimanpun saya memelihara hak saya, untuk menyambung atau menghentikan setakat ini sahaja, persuratan berkaitan perkara dalam persoalan ini atau perkara yang berkaitan dengannya.

Salam sejahtera dan selamat maju jaya.Wassalam.

Yang benar,

(Mat Zain bin Ibrahim)

10hb.Disember 2010

Pakatan: Choice of DPM will be based on the constitution

Wong Choon Mei - Malaysia Chronicle

Pakatan Rakyat leaders did not discuss the issue of who would be the Deputy Prime Minister if they won the next general election but they agreed that the decision would be based on the federal constitution – an outcome that will surely be cheered by the non-Malays in the country who have long aspired for political equality.

“The issue (of who will become the next DPM) was not discussed at the leadership council meeting,but we did decide that it will be based on the constitution,” DAP adviser Lim Kit Siang told a press conference.

Kit Siang is the frontrunner among the non-Malay Pakatan leaders believed to be capable of helming this post and Opposition Leader Anwar Ibrahim himself has said there was no reason why Kit Siang or any other capable non-Malay could not assume such a post.

Nonetheless, such a ‘liberal’ view has been siezed on by the Umno-BN media and played up to arouse the maximum resentment from the Malay community while casting doubt that such an aspiration could really become reality amongst the non-Malays.

Apart from PKR and DAP, the Islamic-based PAS has also been targeted with insinuations that if it allowed a non-Malay to become DPM, then it was selling out on Malay rights.

“There is no need to get excited over this because, have we won the general election yet,” PAS president Hadi Awang, who was also present, told reporters. “The right choice will be made at the right time.”

Among those who have tried to belittle Pakatan’s vision of racial equality include MCA Youth chief Wee Ka Siong, who instead of supporting such a move has been trying his best to whittle down Kit Siang by implying the DAP leader was only having a pipe dream.

“It is sad that the MCA leaders’ grasp of the constitution and political principles are so shallow,” Kit Siang had responded earlier.

PKR-DAP-PAS Convention To Discuss Preparations For GE

PETALING JAYA, Dec 11 (Bernama) -- The PKR-DAP-PAS convention to be held in Penang on Dec 19 will focus more on the Opposition pact's preparations for the next general election (GE), said Opposition leader Datuk Seri Anwar Ibrahim.

Anwar, who is also the de facto leader of Parti Keadilan Rakyat (PKR), said the leaders of the three parties had already been holding discussions to come up with a general framework to face the GE.

"However, as to the matter of seat allocation, this would be pursued later (after the convention)," he told reporters after chairing a meeting involving the leadership of the three parties at PKR's headqaurters here Saturday.

Also present were PAS president Datuk Seri Abdul Hadi Awang and DAP national advisor Lim Kit Siang.

Besides the GE, Anwar said the convention would also touch on issues related to the Constitution, Islam, education and the economy.

Hearing of sergeant’s application postponed

The Star


KUALA LUMPUR: The High Court has postponed hearing a habeas corpus application by Royal Malaysian Air Force (RMAF) sergeant N. Tharmendran seeking his immediate release from detention to Jan 4.

The new date was set to allow all the respondents to file their affidavits-in-reply.

The hearing was to have taken place yesterday.

It was learnt that lawyer N. Surendran, who represented Tharmendran earlier, had been replaced by counsel Amer Hamzah Arshad.

Surendran told reporters that he had filed a supporting affidavit and would act as a witness in the hearing before High Court judge Justice Su Geok Yiam.

The Defence Ministry’s assistant legal adviser Mohamad Tarmizi Ahmad appeared for the respondents.

On Nov 26, Tharmendran filed the habeas corpus writ to seek his release from detention by the air force.

The 42-year-old, who is facing a charge of abetting in the theft of two F5 jet engines, was re-arrested by the RMAF on Nov 25 after attending a hearing at the Shah Alam High Court.

He named Lt Kol Mohd Razif Ramli, a commander of Batu Cantonment camp detention centre (where he is currently being held), RMAF chief General Tan Sri Rodzali Daud and the Defence Minister as respondents.

Meanwhile, the Petaling Jaya Sessions Court has fixed Dec 28 for a re-mention of Tharmendran’s criminal case to wait for a decision by the Shah Alam High Court on his application for a permanent stay on the case.

On Jan 6, Tharmendran had claimed trial at the Sessions Court to a charge of abetting in the theft of the jet engines on April 30, 2008.

He can be jailed up to 10 years and fined if convicted.

Inquiry begins into indigenous rights

The Star

KUALA LUMPUR: Suhakam begins its national inquiry into the rights of indigenous people, in Miri today.

This is the first time that Suhakam is conducting such an inquiry into the rights of indigenous people of Sabah and Sarawak, as well as the orang asli in the peninsula.

The inquiry is expected to take at least six months.

Yesterday, Suhakam vice-chairman Prof Datuk Dr Khaw Lake Tee met with the Sarawak state secretary in Kuching to discuss the removal of conditions imposed on Suhakam commissioner Jannie Lasimbang’s entry permit.

Jannie said this yesterday at the launch of the eighth phase of the Bar Council’s MyConstitution campaign at the council’s auditorium here yesterday.

She said Suhakam wanted a removal of the conditions “so that I can carry out my duties as a commissioner.”

“This MyConstitution campaign therefore has special relevance for me,” she said at the launch of the latest phase of the campaign which deals with fundamental liberties and citizenship.

The aim of the eighth phase of the campaign was to bring awareness and educate people on their rights and freedom as citizens as listed in the Federal Constitution.

During the launch, the 8th Rakyat Guide (RG) booklets and Rakyat Service Advertisement were re­­leased for the first time to the public.

Malacca monorail goes kaput


There, it didn’t take long for the RM16 million ‘toy’ monorail in Malacca to grind to a screeching halt.  Penang, which is still grappling with the idea of rail transit, can learn from Malacca’s costly experiment with monorail.
Embarrassingly, a skylift had to be used to rescue 20 stranded passengers from a monorail coach, just 100 metres from the station. The launch of the monorail had been timed to mark Malacca’s recognition as a ‘developed state’.
There’s some poetic justice in there somewhere, especially when you consider the unequal heritage conservation funding allocations for the two historical cities. 

Malacca monorail by night as seen from a boat cruise along the Malacca River
So what’s going to happen to the RM13 million extension plan under phase two of the Malacca monorail?


Have a look at this Star report below, followed by tram engineer Ric Francis’ latest update:
Malacca’s monorail service comes to a stop
By ALLISON LAI
malacca@thestar.com.my
MALACCA: Barely two months after its grand launch to mark Malacca’s developed state status, the city’s RM15.9mil monorail line has ground to a halt owing to a host of problems.
Launched on Oct 20, the monorail has been idle for a month after developing problems with its wheels and software system.
The China-made monorail line, spanning 1.6km from Taman Rempah in Pengkalan Rama to Kampung Bunga Raya Pantai along the Malacca River, is part of the state’s aim to tap the potential of the river as a tourist attraction.
Chief Minister Datuk Seri Mohd Ali Rustam had launched the system to mark the recognition of Malacca as a developed state, 10 years ahead of the national Vision 2020.
Hours after the launch, however, a coach with some 20 passengers stalled about 100m from the Hang Jebat station.
Operator Menara Taming Sari Sdn Bhd used a skylift to rescue the stranded passengers.
The project is a joint venture between the Malacca Historic City Council and state subsidiary Kumpulan Melaka Bhd and Agibs Engineering & Construction Sdn Bhd.
The Tourism Ministry has approved an additional RM13.2mil for the monorail phase two extension project under the 10th Malaysia Plan.
On Thursday, a visibly upset Mohd Ali said four engineers from China were trying to iron out the problems affecting the monorail.
“Some screws keep breaking and the rims of the wheels had to be replaced.
“We hope the engineers will be able to fix it within a week,” he told reporters after closing a refresher course for National Service trainers at Permata Resort Camp in Alor Gajah.
He said if the monorail continued to face problems, the state government would not buy additional monorails from China for the proposed extension project and would, instead, source them from Europe.
Menara Taming Sari chief executive officer Nazry Ahmad admitted the monorail had been out of service due to “several technical and mechanical problems”.
“We have been facing problems with the monorail on and off since it was launched. It is now closed to the public,” he said yesterday.
What about Penang’s own rail/tram transit plans? Australian tram engineer Ric Francis sent in this comment:
I am always available to speak at forums but just was not asked. As I have years of experience in tramways and am well known in Penang, I just sent to Chairman of Transport Forum the latest in technical information which would solve the heritage area (transport issue) as well as airport service from Georgetown. To those who do not like overhead tramway wires, this solves all that.
Buses cannot carry as many as 160-people, low-floor-transport, disabled friendly, fast LRT. Like 100 km an hour,
Ric Francis
Tramway Engineer
Vice-President Perth Electric Tramway