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Tuesday, June 30, 2009

Guan Eng : Wrong For Hindraf To Blame Us For Kg Buah Pala?

By Wong Choon Mei | Tuesday, 30 June 2009 - suaraKeADILan

Penang Chief Minister Lim Guan Eng said it was not possible for his administration to accede to the requests of the Hindu Rights Action Force, although he sympathised with the problems faced by villagers in the disputed Kampung Buah Pala area.

“Hindraf wants the state government to act against the court order obtained by the developer to evict the residents,” he said in a statement following a meeting with 10 representatives from the group.

“This the state government can not do as Pakatan Rakyat governs under the rule of law and is compelled to respect any court order issued.”

The outlawed Hindraf – an Indian rights movement – is planning to protest outside DAP offices in six states unless Guan Eng agrees to forcibly acquire the land for public purpose under the Land Acquisition Act.

“Cancelling the project would incur costs beyond the financial capability of the state government. We are not talking about millions of ringgit or tens of millions of ringgit here! Doing so would also lead to the developer reaping enormous profits without putting in a single sen.”

Tsu Koon should explain

The chief minister also reminded that it was not the Penang Pakatan Rakyat government that approved the demolition and eviction of the villagers there.

He called on former chief minister Koh Tsu Koon to give a full explanation on why he sold the land at only RM10 per square feet and without consulting the residents.

Guan Eng also pointed that while the developer has since obtained a court order for the eviction, it also offered compensation of up to RM200,000 per registered family, a sum that has been acceptable to many in the village.

“But we respect the decision of the remaining residents who choose to fight it out in court. If the state government had not been sympathetic to the plight of the residents, then the developer would have evicted the residents in the middle of last year when a court order was obtained,” said Guan Eng.

“Only the determined preventive efforts by Penang DCM2 Professor P Ramasamy and Penang State EXCO Abdul Malek stopped the developer from entering the village with bulldozers several times last year.”

Has Hindraf been infiltrated by the Umno-BN?

The DAP secretary-general also slammed Hindraf for putting the blame on his administration, which inherited the problem from Tsu Koon’s Umno-BN government.

He also raised a question that has been on the minds of many political watchers and analysts following Prime Minister Najib Razak’s sudden release of five top Hindraf leaders from Internal Security Act detention in recently.

“We regret the unwarranted, highly irresponsible and irrational action of the Hindraf in targeting us over the eviction of the residents.”

“Why is Hindraf not demonstrating against UMNO or Gerakan or MCA or even MIC who are the main culprits and perpetrators behind Kampung Buah Pala? This begs the question whether Hindraf has now been infiltrated by collaborators of MIC and BN when it should be demonstrating against those who demolish temples and not the Penang state government seeking a fair deal for the Kampung Buah Pala villagers.

“Nonetheless, they have the right to hold a peaceful demonstration no matter how unreasonable it is. I have instructed my officials to accept any memorandum submitted and urge the police not to take and action that would lead to untoward incidents,” said Guan Eng.


Suara Keadilan appends below the full statement issued by Guan Eng on the matter.

Hindraf Must Wake Up And Realise That Kampung Buah Pala Is Still Standing Today Because The Penang Pakatan Rakyat State Government Had Successfully Prevented Them From Being Evicted In The Middle Of Last Year.

The Penang Pakatan Rakyat state government has never consented nor approved any demolition of Kampung Buah Pala. Any action taken is by the private developer via a court order issued by the relevant courts.

Up to RM200,000 per family was offered by the developer to the residents which was accepted by many families but not by those remaining in Kampung Buah Pala. The state government respected the decision of those remaining in Kampung Buah Pala to reject any compensation offer and to fight it out in courts.

If the state government had not been sympathetic to the plight of the residents, then the developer would have evicted the residents in the middle of last year when a court order was obtained. Only the determined preventive efforts by Penang DCM2 Professor P Ramasamy and Penang State EXCO Abdul Malek stopped the developer from entering the village with bulldozers several times last year.

All parties must therefore realise that it is only because of the efforts of the present Pakatan Rakyat state government that the Kampung Buah Pala residents are still living there.

Koh Tsu Koon Owes The Public A Full Explanation Why He Sold The Kampung Buah Pala At A Cheap Price Of Only RM10 Per Square Feet In 2007 And Without consulting the residents.

The state government land of Kampung Buah Pala was approved to Koperasi Pegawai Kerajaan Pulau Pinang twice by the BN Penang state EXCO led by Tan Sri Dr Koh Tsu Koon on 18.8.2004 and 8.6.2005 with a premium of RM6.42 million or RM20 per square feet. I can not understand neither the rationale of approving this project without consulting the residents nor selling it at such a low price.

Worse Tan Sri Dr Koh Tsu Koon’s EXCO reduced the premium further by 50% to RM3.21 million or only RM10 per square feet on the recommendation of the UMNO Deputy Chief Minister. Koh Tsu Koon owes the public a full explanation why he sold Kampung Buah Pala at a cheap price of only RM10 per square feet in 2007 when the market price in this prime area is many times over and without consulting the residents.

The Penang State Government Should Not Be Unfairly Victimised And Targeted By Hindraf For Helping The Kampung Buah Pala Residents.

It is BN, Gerakan, MIC, UMNO & MCA that are the main culprits for causing, abandoning and even selling out Kampung Buah Pala residents.

The Penang state government regrets the highly irresponsible and irrational actions of Hindraf in targeting the Penang state government over the actions taken by the developer to evict residents in Kampung Buah Pala. Hindraf wants the state government to act against the court order obtained by the developer to evict the residents. This the state government can not do as Pakatan Rakyat governs under the rule of law and is compelled to respect any court order issued.

On the other hand, there have been suggestions that the Penang state government forcibly acquires the land under for a public purpose under the Land Acquisition Act. Doing so would play into the hands into the developer who would be able to reap enormous profits without putting in a single cent.

Much as the Penang state government would wish to do, cancelling the project and forcibly acquiring the land would incur costs beyond the financial capability of the state government. We are NOT talking about millions of ringgit or tens of millions of ringgit here!

Clearly Hindraf is unable to distinguish who its friends are by likening such actions to UMNO’s tearing down of Hindu temple. And yet Hindraf does not organise nation-wide protests for the recent tearing down Hindu temples in Kuala Lumpur. The Penang state government should not be unfairly victimised or targeted by Hindraf when we have assisted the residents and also not involved with the tearing down of any Hindu temple in Penang.

Why is Hindraf not demonstrating against UMNO or Gerakan or MCA or even MIC who are the main culprits and perpetrators behind Kampung Buah Pala? This begs the question whether Hindraf has now been infiltrated by collaborators of MIC and BN when it should be demonstrating against those who demolish temples and not the Penang state government seeking a fair deal for the Kampung Buah Pala villagers.

Hindraf should realise what the Penang state government has done for the Indian community, temples and Tamil primary schools. Not only was the first Indian Deputy Chief Minister II of Penang appointed but the 28 Tamil primary schools were given a yearly allocation of RM1.5 million along with other Chinese primary, Sekolah Agama Rakyat, missionary schools and Chinese independent secondary schools.

Further Penang put up the FIRST Tamil road signs in the country alongside with Arabic, Chinese and English bilingual road signs in Georgetown. Even Hindraf never even raised the issue of Tamil road signs.

By going against the Penang state government, Hindraf is indirectly helping UMNO and BN and putting all the achievements made by the Penang state government at risk. There will be no Indian DCM2, no yearly allocation of funds to Tamil primary schools and no more Tamil road signs or bilingual road signs. Hindraf should use reason not emotions of rage or anger and think again who are the real opponents and the real friends of the Indian community.

Most important of all, the Penang state government treats all Indians together with Chinese and Malays as Malaysian citizens, where a Chinese leader can look after Malays a Malay leader can look after Chinese and an Indian leader can look after all citizens.

DAP and the Pakatan Rakyat government will not back down or be cowed by BN, UMNO or Hindraf who continues to look at problems from a narrow racial spectrum of Chinese, Indian of Malays. DAP and the Penang Pakatan Rakyat government believes that the issues of Indians are not Indian problems, the issues of Chinese are not Chinese problems nor the issues of Malays not Malay problems but a Malaysian issue.

We should be uniting together as Malaysians around the principles of justice, truth, freedom, democracy and welfare of the people to ensure that we fight corruption to both generate growth and prosperity as well as ensure that everyone shares equitably.

However despite regretting the unwarranted targeting of the Penang state government, Hindraf leaders have the right to exercise the basic human rights of peaceful assembly by demonstrating no matter how unreasonable they are. I have instructed my officials to respect their rights and accept any memorandum submitted in line with non-violent principles of Mahatma Gandhi that, “violence begets violence, an eye for any eye would leave everyone blind.” I also urge the police not to take any action that would lead to untoward actions.

The state government will also not be affected by the actions of the residents in suddenly turning against the state government despite all the assistance offered.

The state government will continue to assist the remaining residents of Kampung Buah Pala, including if the residents so wish, that the developer of Kampung Buah Pala continues with its offer of up to RM200,000 compensation per registered family to the residents.

The state government has also not given any consent or agreement to the developer to demolish any buildings as the developer is acting on his own under the court order from the High Court and Federal Court.

Lim Guan Eng
Chief Minister, Penang

Monday, June 29, 2009

Tentera dikerah menangkan Umno di Manek Urai

29 June 2009 - Program kebajikan disertai tentera di Dun Manek Urai timbulkan kesangsian

ABASS Accepts Offer From Selangor Govt.

But SPLASH, SYABAS And Puncak Niaga Reject.

KUALA LUMPUR, June 29 (Bernama) -- The board of directors of ABBAS and its holding company, Titisan Modal (M) Sdn Bhd, have in principle accepted the offer from the Selangor state government of RM946 million to acquire Konsortium ABASS Sdn Bhd's water assets and operations.

The offer includes the liabilities to be assumed by the State Government and/or retained at ABASS of RM779 million (inclusive of Titisan borrowing) and equity value of RM167 million, said Kumpulan Perangsang Selangor Bhd (KPS) in an announcement on Bursa Malaysia.

It said the directors of ABASS also wanted confirmation from the state government on the structure of the proposed takeover.

Pending confirmation from the state government, the acceptance of the offer is subject to the approval of the relevant authorities, the consent of bondholders and lenders of the ABASS and Titisan and the approval of the shareholders of ABASS, Titisan and KPS.

KPS owns 55 percent stake in Titisan, which in turns owns 100 percent of ABASS.

Meanwhile, the RM2.975 billion offer made by the state government for the water assets and operations of Syarikat Pengeluar Air Sungai Selangor Sdn Bhd (SPLASH) has been rejected by SPLASH, said Gamuda Bhd.

Gamuda is a major shareholder in SPLASH with 40 percent interest.

Meanwhile, Puncak Niaga Holdings Bhd said the RM1.94 billion offer to Puncak Niaga (M) Sdn Bhd (PNSB) as well as an offer of RM3.361 billion for the water assets of Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) was rejected by both PNSB and Syabas.

Puncak Niaga holds 100 percent interest in PNSB and 70 percent stake in Syabas.

Conference Of Rulers wants to get views of religious councils first,

KUALA LUMPUR, June 29,2009 – The 217th (special) meeting of the Conference of Rulers, which was held Istana Negara here today, has decided to get the views of the respective state religious councils first before arriving at a decision on the matter of conversion of minors to Islam.

As such, the Conference of Rulers decided to defer its decision on proposed amendments to state enactments on the matter, said a statement issued by the Keeper of the Rulers' Seal.

The meeting which lasted over two hours was chaired Raja Perlis Tuanku Syed Sirajuddin Jamalullail. Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin also attended the meeting.

All the sultans and the Yang Dipertuas Negeri attended the meeting except the sultans of Kelantan, Pahang and Perak.

Kelantan was represented by the Regent, Tengku Muhammad Faris Petra Sultan Ismail Petra, Pahang by the Tengku Mahkota, Tengku Abdullah Sultan Ahmad Shah, and Perak by the Regent, Raja Dr Nazrin Shah Sultan Azlan Shah Terengganu was represented by the President of the Regency Advisory Council, Tengku Seri Panglima Raja Tengku Baderulzaman Sultan Mahmud.

The Yang di-Pertuan Agong is the Sultan of Terengganu.

On April 22, the Cabinet made a decision that minors could remain in the religion of their parents at the time of their marriage, even if their mother or father later converted to another religion.

The Cabinet was of the view that conversionS could not be used as an excuse to automatically dissolve a marriage or to get custody of children.

It also agreed that any individual wishing to change religion should first settle any outstanding issues with his or her spouse, to avoid innocent parties, especially children becoming victims.

Matters concerning Islam come under state jurisdiction in the federation. The Rulers are the head of Islam in their respective states. – Bernama

Sunday, June 28, 2009




Friday, June 26, 2009

Calun PAS PRK Manek Urai, annouced by Tok Guru Nik Aziz.

26 June 2009 - Bendahari PAS Kawasan Kuala Kerai Mohd Fauzi Abdullah telah diisytiharkan sebagai calon PAS yang mewakili Pakatan Rakyat untuk bertanding pada pilihan raya kecil Dewan Undangan Negeri (DUN) Manek Urai.

Wednesday, June 24, 2009

Sarawak state elections: BN preparation starts!

The pivotal elections in Malaysia may well be the Sarawak state elections which are due by May 2011, but more likely to fall at end of 2010. The results may herald whether the Pakatan has started to make inroads into this `safe deposit’ of BN or that BN can still hold on to their strong hold. For that reason the BN Chair Najib reportedly asked the state parties to start preparing for the state elections when he visited them recently. The fact that Sarawak holds the balance of power in Malaysian parliament is not difficult to see: they hold 31 out of the total 222 total Parliament seats-with all, except 1 seat, held by BN. So even though Pakatan can still win more seats in the coming GE in Penisular their hope to win Federal power will be dashed if they can’t make any break through in Sarawak and also Sabah(with 25 parliament seats), the 2 East Malaysian states. BN won 140 seats over Pakatan’s 82 in last General Elections in 2008, giving BN the lowest ever majority of 58 seats. A change of 30 seats may see Federal power change hand. In West Malaysia BN’s 86 seats is almost evenly matched with Pakatan’s 82. It is commonly understood that not much room for progress for Pakatan can be expected in West Malaysia in coming General Elections.

For the above reasons election observers groups should also gear up to ensure free and fair elections in Sarawak and Sabah. Without free and fair elections the isolated interiors of Sarawak may vote in less than fully informed basis as before. Then the election result may not reflect the true will of the people. How do observers expand their circle in Sarawak? The question need more answers than before.

Ong BK

Jean Todt's services cost RM1m?

PKR vice-president Azmin Ali today asked how much money was offered to the former chief of Ferrari Formula-One team Datuk Seri Jean Todt to be appointed as Malaysia's tourism ambassador.

By SK English News

MP for Gombak Azmin Ali has asked the government to explain why it spent nearly a million ringgit to hire former Ferrari Formula One owner Jean Todt and his fiance Malaysian actress Michelle Yeoh as tourism ambassadors for the country when there were already tourism offices in major European cities.

According to the PKR vice president, Todt’s annual fees amounted to RM593,400 while the couple received RM388,000 for holidays in Malaysia. Their flights alone cost up to RM360,000.

“This is only the flight costs. It does not include overseas accommodation, traveling expenses and lifestyle allowance,” Azmin later told reporters at the sidelines of Parliament.

During the sitting, Deputy Tourism Minister Sulaiman Abdul Rahman Taib had refused to answer Azmin’s question, saying it was unrelated to the original question which was on the types of films and documentaries produced to promote tourism.

Did the gov’t offer him land? Was it for free?

Azmin also demanded to know if the government had offered land to Todt , who allegedly is building a home in Pulau Besar near Kuala Terengganu.

Todt was given approval this year to participate in the Malaysia My Second Home programme which allows him to buy property and live in Malaysi

“I have proof on the offer of land to Todt in Pulau Besar. I have documents to show that there has been communication between the ministry and Jean Todt on the matter,” said Azmin.

“But I’m not going beyond that until the ministry comes out with an open statement on the matter. Was the land given for free? They have to come clean. What is the premium paid by Jean Todt? What is the acreage given to him?”

Tourism Minister Ng Yen Yen later confirmed that Todt was appointed as tourism ambassador for a two-year period beginning May this year. According to her, Todt’s “presence in Europe will increase Malaysia visibility”.

She also claimed that the RM1 million allocated for the tenure of his appointment has yet to be spent.

“The money is not in the form of cash to him. To promote Malaysia in Europe, RM1 million is nothing,” Yen Yen said.

[more video on the subject]

Monday, June 22, 2009

Statement from the Supreme Guide of Pan Malaysia Islamic Party.

Pakatan say no to unity gov’t, pledges loyalty to each other

Monday, 22 June 2009 | By Wong Choon Mei - suarakeADILan

Today is certainly an important day for Malaysia.

Key decisions affecting the country’s immediate future were made and it is now a step clearer how the country will be governed over the next few years.

As with the stock market, there will be gyrations now and then as the two main protagonists slug it out in the political arena.

But what is sure and necessary for all Malaysians and foreign investors to know is that the country’s path is set.

And it is to be a firmly and proudly two-party coalition political system.

The Pakatan Rakyat offering its own brand of new politics and the Umno-BN peddling its decades-old concoction of paternalistic and communal policies.

On Monday, the Pakatan announced its decision to reject a proposal from Umno to form a unity government, dealing a death-blow to speculation that partners PKR, DAP and PAS would split, with PAS opting to cross over and build a new Malay power-pact with Umno.

Instead, the trio reiterated their loyalty to each other and renewed a pledge to strengthen their coalition with the express aim of forming the next the federal government.

Indeed words of comfort to many Malaysians, although they may at the same time elicit fear from Prime Minister Najib Razak’s Umno-BN.

“The Pakatan council of leaders has reaffirmed our rejection of the idea of forming a unity government with Umno/BN which is clearly a malicious and desperate attempt to compromise the integrity of the increasingly popular Pakatan Rakyat,” the leaders said in a joint statement released on Monday.

“Pakatan agrees to adopt an open approach and is willing to hold discussions with the leaders of BN on issues of national interests.”

Saturday, June 20, 2009

Affidavit Untuk Membatalkan Kes DSAI

Permohonan ini

12. Saya menegaskan bahawa permohonan ini dibuat kerana pendakwaan terhadap saya dalam Kes Terkini adalah satu pendakwaan berniat jahat (mala fide) dan merupakan penyalahgunaan proses Mahkamah. Terdapat beberapa alasan-alasan utama untuk menyokong permohonan ini yang mana akan dikategorikan seperti berikut:-

A. Pertuduhan terhadap saya adalah suatu konspirasi politik;

B. Pencabulan hak-hak saya dibawah perlembagaan;

C. Pendakwaan niat jahat (mala fide) diteruskan walaupun keterangan-keterangan pakar jelas menafikan kejadian liwat; dan

D. Kegagalan meneruskan pendakwaan terhadap Saiful di mahkamah syariah.

Alasan-alasan ini akan dihuraikan satu-persatu. Kesemua alasan-alasan ini akan menunjukkan bahawa pendakwaan terhadap saya adalah merupakan satu konspirasi jahat yang bertujuan untuk mencemarkan nama baik saya dan untuk menghukumkan serta memenjarakan saya dengan apa cara sekali pun. Muslihat-muslihat ini ternyata bertujuan menghalang saya dari menyempurnakan tanggungjawab saya mendedahkan rasuah dan salah laku pucuk pimpinan UMNO-BN. Sekali lagi, saya berkeyakinan bahawa tujuan konspirasi tersebut adalah untuk menghalang saya dari mencabar dan menjejaskan kedudukan pemimpin UMNO-BN. Ini dilakukan kerana mereka takut dan gusar untuk berhadapan dengan rakyat dalam pilihanraya. Lantaran itu, pendekatan yang dipilih adalah dengan menyalahgunakan proses Mahkamah dengan mengenukakan pertuduhan dan pendakwaan jahat (mala fide) terhadap saya.[more]

Friday, June 19, 2009

Federal Court’s decision in Zambry v Sivakumar

In case you have forgotten

In case you have forgotten, I shall try to jolt your memory. The infamous five were Alauddin bin Dato’ Mohd Sheriff PCA, Arifin Zakaria CJM, Nik Hashim Nik Ab Rahman, Augustine Paul and Zulkefli Ahmad Makinudddin FCJJ. Their story exploded on the front page of the Star newspaper of Friday, 17 April 2009.

It carried the startling and outrageous decision of the Federal Court. The headline proclaims Court: Siva does not have right to suspend seven. The report reads:

PUTRAJAYA: The Federal Court has unanimously ruled that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.[more]

The Sodomy Conspirators: Hoisted By their own petard

By Kenny Gan | suarakeADILan | 19 Jun 2009

1998 was tumultuous year in Malaysian politics.

In that year, Mahathir Mohamad sacked Anwar Ibrahim as Deputy Prime Minister and Finance Minister and dragged him to court on abuse-of-power and sodomy charges which many believe to this day to be politically motivated and his conviction to be politically influenced.

The entire mass media under the government’s control was harnessed to demonize Anwar and destroy him politically.

Despite this, a yawning chasm existed between what the government wanted the public to believe and what they actually believed.

The result was a social and political crisis that rocked the nation, split the Malays and galvanized many politically apathetic people to take an active interest in politics to try to effect a change for a better government that does not abuse all the institutions of democracy to achieve its ends.

The resulting political fallout saw PAS gaining at the expense of Umno in the 1999 general election and the creation of a new political party rooted in social justice, the effects of which still resonate today.

Indeed, the accelerated growth of PAS from a rural Malay party to a national party and the rise of PKR can be traced back to the Malay community’s repugnance at Mahathir’s cruel treatment of Anwar more than ten years ago.

History Repeats Itself

It is said that those who fail to learn from the mistakes of the past are doomed to repeat them.

Eleven years later, the nation is set to witness a repeat of the gut-wrenching melodrama and tragi-comedy of yet another Anwar sodomy trial, which again is set to shake the nation and drag public confidence in our enforcement institutions to new lows.

But the stakes are higher now as Anwar has become Opposition Leader and one who carries the hopes of millions of Malaysians for a new and better Malaysia.

The political-social environment has also changed significantly with the dissipation of Mahathir’s climate of fear and the pervasiveness of the Internet loosening the government’s stranglehold on information.

More importantly, the formation of a two party system by the enlarged and united opposition forced the ruling party to be democratically competitive.

In this new environment, it would be political suicide to try a repeat of the previous sodomy caper. However, those who have held the levers of power for too long are sometimes blinded by their arrogance besides overestimating their abilities and under-estimating the public.

The Facts of the Case

Whatever has been revealed in the public domain on sodomy II only serves to give the public the impression that this is nothing more than another politically motivated prosecution.

In the first place, the charge itself does not inspire confidence given that homosexuality is not actively prosecuted in Malaysia although outlawed in the statute books. Nobody has been prosecuted under this archaic law except for Anwar in 1998

The fact that the accuser, Saiful is a known Umno sympathizer does not help matters. His demeanour when he appeared in public smiling and waving to the press is certainly not typical of one who has been forcibly sodomized as he alleged.

Revelations that the he has met with top government officers including Datuk Seri Najib who was DPM at the time (purportedly for career guidance) and a senior police officer at the Concorde Hotel in Shah Alam before he made his accusation public have raised eyebrows and deservedly so.

There are also elements in his story which strains credibility like having been sodomized seven times before he made his poice report, waiting 3 days from the last act to do so and his insistence that he was sodomized against his will by a 61-year old man who is physically no match for him.

But the top was blown off the case by a doctor from Pusrawi Medical Centre from whom Saiful sought a medical examination. This good doctor recorded plainly that the alleged victim had never been sodomized.

Despite this, the Attorney-General (photo) saw fit to ram through a charge of consensual sodomy despite the main witness insisting to all and sundry that it had happened against his will.

Sodomy II Goes to Trial

It should be emphasized that the case must be proven beyond reasonable doubt - not in Umno’s court which is already low in public credibility - but in the court of public opinion if the ruling party does not wish to suffer a terrible backlash.

The fact is that real cases of rape or sexual abuse are notoriously difficult to prove, what more a fabricated one.

The public will not be impressed by circumstantial evidence or DNA evidence and the latter would be immediately assumed to be faked given the low credibility of the police and the fact that such chicanery has been attempted before in sodomy I.

Nothing short of a video capturing the act will be convincing enough but if such a video exists, the government would have broadcasted it on all the TV channels, uploaded it online and produced a million CDs for distribution to stop Anwar from making a comeback in Permatang Pauh.

If the prosecution has any real proof, they could have obtained a conviction from any judge - even from the fair-minded Justice Komathy Suppiah in the Sessions Court under which the case was originally heard - instead of fighting tooth and nail to transfer it to the High Court as if their whole case depends on the judge who hears it.

Attack and Defense

What are Anwar’s chances of escaping a conviction? Apparently not good if the court proceedings of sodomy I are any guideline.

The public release by Anwar’s lawyers of Hospital KL’s report that the accuser has no evidence of being sodomized, which corroborates the Pusrawi Medical Centre’s report, will not necessarily stop them. It did not matter in sodomy I.

The definition of a kangaroo court is a judicial proceeding that violates established legal procedures, the rights of the defendant are disregarded and his defence is restricted.

Relevant evidence and witnesses are not allowed to be called, cross examination of witnesses controlled and irregularities ignored so as to render a fair trial impossible.

In the 1998 Anwar trial, judge Augustine Paul (photo) disallowed the defence of political conspiracy, allowed the case to proceed without medical evidence that the accuser had been sodomized.

Augustine also allowed the charges to be changed midway, disallowed the defense’s attempt to introduce key evidence and witnesses as irrelevant, allowed faked DNA evidence to be expunged instead of throwing out the case out. This man even jailed one of the defence lawyers for contempt for bringing to the court’s attention fabricated evidence.

I leave it to readers to judge if the above fulfils the definition of a kangaroo court.

But in this present case, there is an anomaly in the charge which can be exploited by the defence team.

Anwar was charged for consensual sodomy under Section 377B of the Penal Code although his accuser has insisted publicly that he was forcibly sodomized and even swore to it in a mosque.

Naturally, the prosecution wants to spare themselves the inconvenience of proving how a frail elderly man with a bad back can force himself on a strapping youth physically bigger and stronger than him. Hence, the charge under Section 377B.

But you cannot have a charge for consensual sodomy and the main witness insisting that he was forcibly raped. So either the charge must be amended to Section 377C for forced sodomy or Saiful must declare in court that sodomy was consensual. If the charge and the accuser’s testimony cannot be reconciled then it must be thrown out.

As Saiful has sworn in a mosque that he was forcibly sodomized – a very serious action to Muslims indeed – and BN has made political capital of this at the Permatang Pauh by-election, the political fallout will be explosive to the Malay Muslim mind.

So the prosecution faces a terrible dilemma, to try to prove the impossible or to engender a punishing political backlash which Umno may never recover in the staunchly religious Malay heartlands.

Such a dilemma would never have occurred if the charge had been based on a true event instead of a fabricated one.


In the 1999 general election, the fallout from the Anwar case caused Umno’s Malay support to shrink to 49% from their normal baseline of 55%.

BN was only saved by the non-Malays who swung to Umno on the back of PAS’ foolish proclamation to create an Islamic state which all but scuppered the nascent Barisan Alternatif coalition.

Given that the majority of non-Malays have swung back to Pakatan Rakyat on the expectation of more equitable racial treatment, such help from them to compensate another Malay swing out from Umno is unlikely.

If the level of Malay support for Umno drops below 50% in the current political scenario, BN is likely to be wiped out in the Peninsula and even a clean sweep of East Malaysia cannot save them.

The political masters may have though that putting Anwar away will solve their problems but it could hasten their demise.

The opposition coalition has grown beyond Anwar and no longer requires his personal participation to stay together.

A conviction of Anwar seen as unfair and a political hatchet job will energize the opposition and create so much public sympathy and disgust that PR will ride the wave to victory in the next general election.

The perpetrators are tampering with powerful forces beyond their control. If they have nothing on Anwar it is best to swallow their pride and just drop the charges.

Next week's DNA bill a 'conspiracy to convict Anwar'

Nizar rayu penghakiman semula, minta maksima 11 hakim

19 June 2009 - Penghakiman majmuk mampu membebaskan keputusan kehakiman dari konflik kepentingan.

Thursday, June 18, 2009

Selangor : Water for Life NOT for Profit.

PKFZ scandal website launched .

Today, a website on the RM12.5 billion Port Klang Free Zone (PKFZ) scandal, http://pkfz-scandal.org/ is launched as part of the effort to get to the bottom of the “scandal of scandals” in the nation’s history.

No. 1. – A website, http://pkfz.blogspot.com/, has appeared which uploaded exchange of letters to show that on 10th May 2009, Ong had on 10th May 2008 as Transport Minister pressured the Prime Minister to approve RM1.2 billion payment as variation of costs for the PKFZ project to its turnkey developer, Kuala Dimensi Sdn. Bhd and asked why this information was omitted in the PricewaterhouseCoopers (PwC) audit report on the PKFZ.

Isu Kerajaan Perpaduan - Unity Government.

MP PAS - Kami Berpegang Teguh Memperkukuhkan Pakatan Rakyat.

18 June 2009 - Sidang Media Ahli-Ahli Parlimen PAS berpegang teguh Memperkukuhkan Pakatan Rakyat di Lobi Parlimen pada jam 4.45 petang 18 Jun 2009.

Kerajaan Perpaduan Syura tak pernah bincang

Wednesday, June 17, 2009

Independents vs Speaker vs EC: Grounds of Judgment by Nik Hashim

On the issue whether it is the Speaker or the EC to make the final decision on the casual vacancy of a Perak State seat, the Court held:

28. Thus, by analogy, in the Perak Constitution, where the Election Commission may establish the vacancy (as opposed to the Speaker under the Indian Constitution), the Election Commission has the right to enquire into any matter relating to the purported resignation. On a plain reading of Article 36(5) of the Perak Constitution read together with section 12(3) of the Elections Act 1958, it is the Election Commission that establishes the casual vacancy and not the Speaker. Moreover, under section 12(3) of the Elections Act 1958, the Election Commission would have to establish that a vacancy exists before issuing a writ of by-election (see Clarence D Bongkos Malakun v The Returning Officer & Ors (1989) 2 MLJ 442 at p 445 E left). The Speaker cannot therefore interfere with the constitutional duty of the Election Commission to establish whether there is a casual vacancy. The receipt by the Speaker of a letter of resignation purporting to be from an assemblyman will not cause that assemblyman’s seat to become vacant. Under Article 35 of the Perak Constitution, the Speaker’s role is limited to receiving the written resignation letter of the assemblyman and forwarding the same to the Election Commission which will then by its own procedure determine whether a casual vacancy has arisen or not. Once the casual vacancy is established, then it is the duty of the Election Commission to fill the vacancy by holding a by-election. With the clear provisions of the respective powers of the Election Commission and the Speaker, the fear of encroachment into the doctrine of separation of powers by one body into another does not arise.[more]

Anwar applies to Court to strike out sodomy charge

By SK English News

Opposition Leader Anwar Ibrahim, who has accused the government of political persecution, has asked the High Court to strike out a sodomy charge ahead of next month’s July 1-24 hearing.

The reform icon was charged with sodomising his former staff on June 26 last year, but has pleaded not guilty, counter-accusing Prime Minister Najib Razak of fabricating evidence to tarnish his political credibility.

Although, nearly a year has passed, the Umno-BN government has refused to provide

him with key information on the charges, including even the most basic police report.

Last week, Anwar was forced to apply for a court order to get the documents from the prosecution so that his lawyers could prepare his defence.

These included original CCTV recordings alleged to have been taken at Desa Damansara Condominium in Bukit Damansara between June 25 to 27, 2008, DNA samples, statements from witnesses including the complainant, Mohd Saiful Bukhari Azlan, police statements and several other documents.

So far, the court has not replied although there are only two weeks left before the trial begins.

The latest application to strike out the case is probably the only way left to force a reaction from the government. The High Court will hear the latest application on Monday.

Like Myanmar’s Aung San Suu Kyi, Anwar is a democracy icon and has been persecuted for challenging the corrupt Umno-BN regime now led by Najib. Like the Burmese junta, Najib has been increasingly resorting to police crackdowns and sham trials to cling to power.

The U.S. State Department has gone on record to say that they believe the latest sodomy charge against Anwar was fabricated by his political foes to tarnish his career.

Permohonan Umno Ketepi Saman RM218 Juta Didengar 30 Julai

Mahkamah Tinggi Kuala Lumpur menetapkan 30 Julai sebagai tarikh untuk mendengar permohonan Umno bagi mengenepikan saman RM218 juta yang difailkan oleh syarikat pembekal barang-barang untuk pilihanraya.

Tarikh itu ditetapkan oleh Timbalan Pendaftar Aziati Jaafar dalam kamarnya hari ini dan permohonan itu akan didengar oleh Hakim Datuk Azhar Mohamed.

Pada 23 Jun tahun lalu, syarikat Elegant Advisory Sdn Bhd menfail saman itu menerusi Tetuan Termizi & Co, dan menamakan bendahari ketika itu Umno Datuk Seri Abdul Azim Mohd Zabidi serta Umno sebagai defendan, lapor Bernama.

Dalam writ samannya syarikat itu menjelaskan bahawa ia membekalkan peralatan pilihanraya, pengangkutan dan penerbitan kepada Umno untuk pilihanraya ke-11pada 2004 setelah diminta oleh Abdul Azim.

Elegant Advisory mendakwa oleh kerana Abdul Azim meminta bekalan yang banyak dan permohonan dibuat dalam jangka masa singkat, syarikat itu melantik pihak ketiga (syarikat-syarikat percetakan dan pembekal lain) untuk menyediakan barangan tersebut pada masa yang ditetapkan, dan Abdul Azim tahu mengenainya.

Syarikat itu kemudiannya mengemukakan invois RM218,013,475 kepada Abdul Azim untuk pembayaran, dan pada 22 Mei 2004, satu surat dihantar kepadanya tetapi pembayaran masih tidak dibuat.

Pada 17 Julai tahun lalu, defendan diperintah oleh Mahkamah Tinggi membayar Elegant Advisory RM218 juta, serta kos dan faedah selepas defendan gagal menjawab saman.

Bagaimanapun pada 21 Januari lalu Umno berjaya mengetepikan keputusan mahkamah yang dibuat tanpa kehadirannya itu.

Elegant Advisory diwakili oleh peguam Nazruddin Abdullah, manakala Datuk Hafarizam Harun bertindak sebagai peguam defendan. - MalaysiaKini

Pulangkan royalti kepada Kelantan

17 June 2009 | Pulangkan royalti kepada Kelantan - MP PKR Machang ketika membahaskan Rang Undang-Undang Lembaga Hasil Dalam Negeri (Pindaan) 2008 (1) pada 16 Jun 2009.

Nizar files last stand appeal on Friday

BN Mahu Sivakumar Bayar RM100,000 Sebelum Dengar Kes

PKR to table motion for urgent action on human trafficking

By Wong Choon Mei | suarakeADILan

Click here to down the full report

Parti Keadilan Rakyat plans to table a resolution in Parliament urging Prime Minister Najib Razak’s Umno-BN government to act quickly against human trafficking.

A team led by vice-president Sivarasa Rasiah will also seek a meeting with Foreign Minister Anifah Aman to discuss ways and means to repair the damage to the country’s image.

The party led by Opposition Leader Anwar Ibrahim has lashed out at the government for burying its head in the sand over human rights issues - resulting in the country being put back on a shaming blacklist of nations that failed to do enough to stop the sexual and forced labor exploitation of women and children.

PKR strategic affairs director Tian Chua warned that if Najib continued to ignore world opinion, then the country’s Human Rights Commission or Suhakam would be next in line to be downgraded - this time by the United Nations.

“Enough is enough. Najib must snap out of this state of denial and do more to fix the problem rather than passing the buck and shifting the blame,” Tian Chua told Suara Keadilan at the sidelines of Parliament.

“Just a few day ago on Monday, I received a written reply from the Home Minister that there was no evidence and now look at where we are! This apathy has to stop.”

He and Kuantan MP Fuziah Salleh will be drafting the resolution, which the party plans to table in the current June 15-30 sitting.

Not a good record at all despite government denials

But even as Tian spoke, Deputy Home Minister Abu Seman Yusop refuted the United States’ claim that Malaysia was slow to curb human trafficking.

“It is not justifiable to put Malaysia on such a list. It is unfair to put us on the list, as if we are involved in trafficking our people. We have taken preventive measures because we do not want to be a transit point for this activity,” Abu Seman told reporters.

The Obama administration had on Tuesday reinstated Malaysia in its list of top trafficking offenders. This is the third time the Southeast Asian country, one of Washington’s biggest trading partners in the region, has been blacklisted and put into the dreaded ‘Tier 3′ category.

The first was in 2001 but its ranking improved to ‘Tier 2′ in subsequent years until 2007, when it again plunged to ‘Tier 3′. In 2008, it was elevated back to ‘Tier 2′.

If a country appears on the list for two consecutive years, it can be subject to U.S. sanctions.

In the State Department’s annual “Trafficking in Persons Report,” the first released since President Barack Obama took office, 52 countries and territories - mainly in Africa, Asia and the Middle East - were put on the watchlist.

The report said that Malaysia is a destination and source ‘for women and children trafficked for the purpose of commercial sexual exploitation and for men, women and children trafficked for the purpose of forced labour.

It recommended that Malaysia’s government fully implement and enforce anti-trafficking laws and increase prosecutions, convictions and sentences for both sex and labour trafficking.

No unity talks without

PAS today told Prime Minister Najib Abdul Razak that it will hold unity talks with Umno only if its Pakatan Rakyat partners - PKR and DAP - are included in the talks.

PAS explained some background to this unity talks, agreement within PR. PAS on Chin Peng issue. Finally the conditions set by new PAS secretary-general Mustafa Ali today.

"If Najib is not willing to have that, then we will not have talks with Umno," he told reporters at a press conference at party headquarters in Kuala Lumpur.

Tuesday, June 16, 2009

Rasuah: MB Perak Sepatutnya Lulus Projek, Bukan Exco PKR

Mahkamah Sesyen Ipoh hari ini diberitahu pembangunan tanah di Perak bawah portfolio menteri besar dan bukan portfolio dua bekas exco negeri, yang kini telah meninggalkan PKR, Kapt (B) Mohd Osman Mohd Jailu dan Jamaluddin Mohd Radzi.

Saksi pertama pendakwa Setiausaha Majlis Mesyuarat Kerajaan (MMK) Perak, Abdulah Antong Sabri berkata Mohd Osman sebelum ini adalah pengerusi Jawatankuasa Pelancongan, Pembangunan Insan dan Badan Bukan Kerajaan, manakala Jamaluddin pula pengerusi Jawatankuasa Pembangunan Usahawan, Koperasi, Pertanian dan Perdagangan.

Katanya, oleh itu semua fail pembangunan tanah mesti dilihat oleh menteri besar - waktu itu Datuk Seri Mohammad Nizar Jamaluddin - terlebih dahulu sebelum dibawa ke mesyuarat mingguan exco untuk keputusan dan semua Exco terlibat untuk membuat keputusan bersama.

“Kertas MMK pembangunan tanah seperti perumahan, industri dan projek berbentuk pembangunan tanah mesti dibawa dan diputuskan dalam mesyuarat itu oleh semua ahli exco yang diwajibkan hadir dan terlibat secara bersama untuk membuat keputusan di dalam mesyuarat,” katanya dalam perbicaraan hari pertama kes rasuah berkaitan projek pembangunan bernilai RM180 juta di Seri Iskandar membabitkan dua bekas ahli exco berkenaan dan empat yang lain.

Abdullah, juga setiausaha DUN Perak, berkata semakan beliau menunjukkan tidak ada kertas kerja pembangunan tanah di Seri Iskandar telah dibawa ke mesyuarat Exco untuk keputusan pada tahun lepas.

Beliau bersetuju dengan saranan peguam Abdul Roni Rahman yang mewakili Mohd Osman (Adun Bebas-Changkat Jering) dan Jamaluddin (Adub Bebas-Behrang) bahawa oleh kerana tidak ada kertas cadangan bagi pembangunan di kawasan tersebut, maka perkara itu tidak pernah dibincangkan dalam mesyuarat mingguan exco atau di peringkat pentadbir tanah dan pejabat Pengarah Tanah dan Galian (PTG) Perak.

Katanya, semua kertas kerja pembangunan tanah disediakan oleh pentadbir tanah di mana tanah tersebut berada dan disemak serta dikemaskan oleh PTG Perak untuk perhatian menteri besar sebelum dibawa ke mesyuarat mingguan tersebut.

Menjawab soalan balas timbalan pendakwa raya Mohamad Jazamuddin Ahmad Nawawi mengenai apakah kertas kerja yang dibincangkan dalam mesyuarat mingguan exco, Abdullah berkata mesyuarat itu kebiasaannya akan membincangkan tiga komponen kertas kerja iaitu pembangunan tanah, kewangan dan urusan pentadbiran dengan 95 peratus daripada kerta kerja yang dibincangkan dalam mesyuarat berkenaan melibatkan pembangunan tanah.

Sementara itu, saksi kedua pendakwa, pengurus sumber manusia Perbadanan Kemajuan Negeri Perak (PKNP) Sabariah Abdul Manan ketika disoal Mohammad Jazamuddin berkata juruteknik perbadanan itu Ruslan Sahat bertugas memantau kerja-kerja di tapak pembinaan termasuk kerja-kerja infrastruktur, sistem pembentungan, kerja cerucuk dan konkrit, pemeriksaan bahan binaan dan mendokumentasi dokumen kontrak.

Sabariah, yang disoal balas oleh Abdul Roni, bersetuju bahawa sebagai juruteknik PKNP, Ruslan tidak mempunyai kuasa untuk membuat keputusan berhubung pembangunan tanah di Perak, lapor agensi berita itu lagi.

Hakim Azhaniz Teh Azman Teh menangguhkan perbicaraan ke pagi esok selepas Sabariah selesai memberikan keterangannya.

Mohd Osman, Jamaluddin, Ruslan dan dua orang lagi iaitu bekas ADUN PKR bagi Bota Usaili Alias dan bekas ahli Majlis Daerah Perak Tengah, Zul Hassan didakwa melakukan kesalahan rasuah itu di pejabat Setiausaha Kerajaan Negeri Perak dan di restoran Kluang Station Cafe di Medan Istana, Ipoh dan di Aquarias Restaurant & Bar di Bukit Mertajam antara 14 hingga 19 Ogos tahun lepas.

Zul juga didakwa menerima rasuah seorang perempuan bagi tujuan mengadakan hubungan seks pada 8.10 malam 14 Ogos lepas di Sri Sayang Apartment, Pulau Pinang.

Ahli perniagaan Fairul Azrim Ismail, 30, yang dituduh menerima habuan rasuah seks di Sri Sayang Apartment pada 14 Ogos lepas untuk membantu seorang bernama Mohamad Imran Abdullah memperoleh projek pembangunan bersama di Bandar Baru Seri Iskandar melibatkan Majlis Daerah Perak Tengah dibicarakan secara bersama dengan lima tertuduh berkenaan.

Ruslan diwakili peguam Surjan Singh dan Yunos Ali, Usaili diwakili Ting Chek Meng dan Ranjit Singh. Peguam S Muthu dan Mohd Asri Othman masing-masing mewakili Zul dan Fairul Azrim manakala Mohammad Jazamuddin dibantu oleh Nafhatun Mohd Pozi.- MalaysiaKini

Monday, June 15, 2009

Sidang media Dato' Seri Mohd. Nizar Jamaluddin yang diarah keluar Dewan.

While MPs shout, KJ and Kit Siang tweet

KUALA LUMPUR, June 15 — By Adib Zalkapli | Malaysianinsider

As chaos started in Parliament after Datuk Seri Mohammad Nizar Jamaluddin was sworn in as Bukit Gantang MP, two lawmakers offered their version of the event via the social networking site Twitter.

Both first-term MP Khairy Jamaludin and veteran opposition leader Lim Kit Siang today competed against each other to report live from Parliament House, beating all media agencies.

“Everything started when Nizar ex-MB started shouting ‘Hidup, hidup’ after being sworn in. Grandstanding for the TV cameras. Sigh. Poser,” twitted Khairy after order was restored in the House.

Lim in his Twitter entry criticised Speaker Tan Sri Pandikar Amin Mulia for his harsh action against the MPs.

“Speaker said where in nation's history an MP taking oath shouted ‘Bubar Dun’ I asked where in nation's history illegal power grab in Perak?” asked Lim.

Earlier Pandikar ordered seven opposition MPs out of the House for inappropriate behaviour after the swearing in of Nizar.

“Childish, unproductive and a mockery of Parliament,” said Khairy who is also the Umno Youth chief.

“Speaker gets things under control. But I was stunned by the childish display. Speaker nicely asked them to remove their headbands but ignored,” added Khairy, referring to the Pakatan Rakyat (PR) lawmakers' refusal to take off the “Bubar Dun” headband.

Last night Lim had promised to tweet from inside the House and urged other lawmakers to join him in creating history.

“Parliament meets tmr oath-taking by Nizar as MP Bukit Gantang 10am Will twitter from Parliament. Invite other MPs 2make twitter history,” said Lim yesterday.

Khairy had asked the public for feedback in preparation for the first day of the Parliament session.

“Parliament convenes tomorrow. Anything the twitterati want Rembau to raise in the chamber?” asked Khairy.

Both politicians have been actively using the social networking site to put forward their views and to keep the public informed of their daily activities.

Twitter is a free service that allows people to broadcast to a big group of people but each message is limited to 140 characters.